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HomeMy WebLinkAboutMINUTES 2018-08-08 REGULAR REV 8-20-18 40655 MINUTES OF THE ONE THOUSAND EIGHT HUNDRED AND FIFTY-FOURTH REGULAR MEETING OF AUGUST 8, 2018 On August 8, 2018 the above meeting was held at the City Hall, 33000 Civic Center Drive, Livonia, Michigan, and was called to order by President Laura Toy at 7:00 p.m. Councilmember Brian Meakin led the meeting in the Pledge with members from Troop 254. Roll was called with the following result: Brian Meakin, Jim Jolly, Brandon Kritzman (arrived 7:10 p.m.), Scott Bahr, Cathy White, Kathleen McIntyre and President Laura Toy. Absent: None. Elected and appointed officials present: Mark Taormina, Director of Planning and Economic Development; Todd Zilincik, City Engineer; Paul Bernier, City Attorney; Susan M. Nash, City Clerk; Judy Priebe, Director of Legislative Affairs; Don Rohraff, Director of Public Works; Steve Makie, Superintendent of Building Maintenance; Lynda Scheel, Treasurer; and Mayor Dennis Wright. On a motion by White, supported by McIntyre, it was: #280-18 RESOLVED, that the minutes of the 1,853rd Regular Meeting of Council held July 23, 2018 are approved as presented. A roll call vote was taken on the foregoing resolution with the following result: AYES: Meakin, Jolly, White, McIntyre and Toy NAYS: None PRESENT: Bahr 40656 Regular Meeting Minutes of August 8, 2018 McIntyre stated that the Council has missed wishing Judy Priebe, Director of Legislative Affairs, happy birthday at the last Council meeting. Meakin congratulated Clerk Nash on her and her team’s efforts on the Primary Election. President Toy congratulated Councilmember Meakin who was in the Primary and succeeded and will move on to the General in November and wished him much luck. Clerk Nash thanked all the voters who came out on Tuesday and the absentee voters, there was an unbelievable turnout of both. There was a 36 percent voter turnout for Livonia which was high. She then thanked the precinct workers and those in City Hall who worked under grueling conditions, in high heat and humidity, and she thanked them profusely. She thanked her staff for the amazing job they did and Council for their support. She then stated although there were a few glitches, at least they did not run out of ballots in Wayne County. President Toy thanked Nash the fabulous job she did and the numbers of voters that came out. She indicated the Clerk’s role is truly understated. President Toy stated there are two X-items at the end of the Regular Agenda and that there is New Data on Items 14 and 15, but the Petitioner has requested for those to be removed and put on the August 20, 2018 meeting as he is out of town. During Audience Communication Raymond Kirchner, 35820 Veri Court, Livonia, came to the podium stating he had been before Council seven months earlier where he gave a presentation and he is before Council tonight regarding the Smart Meters that are introduced and being forced upon citizens by DTE. I indicated he raised his concerns back in January and noted that the Council had done a resolution to the MPSC in 2012 and he was not aware that anything had happened since then. He stated he wished to address the same issue he did before and provided a legislative analysis to Council of House Bill 4220, which is presently in the Energy Policy Committee in Lansing. They are not able to get that out of Committee right now because they can’t get ten votes and it’s been stuck there for over a year. He requested the Council do a resolution supporting that House Bill or perhaps the City Attorney do some sort of Amicus brief, probably not appropriate. He stated the purpose of this is to allow a customer receiving services from a utility to choose between the traditional meter and the installation of an advanced meter. That is the issue. He feels the House Bill supports citizens choice. The Public Service Commission in their staff report th back on June 29 of 2013 or 2012, said that citizens should be offered an option, an opt out. The result is that DTE got approval for an opt out provision which is a Smart Meter with the transmitter radio turned off or disabled. It’s still vulnerable to attack or hacking. It’s still a concern to people for their health and safety because this kind of a transmitter can cycle on and off many times an hour and 40657 Regular Meeting Minutes of August 8, 2018 there’s radio frequencies involved. So he stated his point for today would be a question have they done anything since January considering such a resolution and he suggested that Council do this. President Toy stopped Mr. Kirchner stating that his three minutes were up. Councilmember Meakin offered another thirty seconds for Kirchner to wrap up his discussion. Kirchner continued that the resolution in 2012 was never actually registered at the MPSC and that needs to be followed up on if the Council does a resolution in support of 4220. The other suggestion he made is that the City needs to somehow monitor threatened shut-offs. He stated he is subject to that as DTE is giving him notice that he has denied them access to the meter which is untrue. President Toy thanked him for his research and comments. She stated the handout included a legislative analysis of House Bill 4220 and informed him that the State of Michigan is basically in charge of this issue. (Councilmember Kritzman entered the Auditorium at 7:10 p.m.) A communication from the Department of Finance, dated July 12, 2018, re: forwarding the Quarterly Investment Report for the City of Livonia as of May 31, 2018, was received and placed on file for the information of the Council. On a motion by Jolly, supported by White, it was: #281-18 RESOLVED, that having considered a communication from Linda and Matt Macchiarolo, Owners of Town Peddler Craft & Antique Mall, dated June 30, 2018, which requests permission to waive Section 8.32.070 (Noise Control) of the Livonia Code of Ordinances, as amended, for the purpose of hosting a small concert with food vendor on site and to set up a tent to sell merchandise in the parking lot located 35323 Plymouth Road, Livonia, MI 48150, from 12:00 p.m. to 7:00 p.m., on Saturday, September 15, 2018, the Council does hereby determine to waive Section 8.32.070 (Noise Control) of the Livonia Code of Ordinances between the hours of 12:00 p.m. to 7:00 p.m. on Saturday, September 15, 2018. #282-18 RESOLVED, that having considered an email communication from Dick McLain, Old Rosedale Gardens Homeowners Association, dated July 3, 2018, which requests permission to waive Section 8.32.070 (Noise Control) of the Livonia Code of Ordinances, as amended, for a neighborhood movie night at Rudolph Kleinert Park, to conclude after 10:00 p.m., on Friday, September 14, 2018, the Council 40658 Regular Meeting Minutes of August 8, 2018 does hereby grant and approve this request in the manner and form herein submitted. #283-18 RESOLVED, that having considered an application from Rebecca Drzewicki, 18615 Parklane Street, Livonia MI 48152, dated June 24, 2018, requesting permission to close Parklane Street between Clarita and Margareta, on Saturday, September 29, 2018, from 2:00 p.m. to 7:00 p.m., for the purpose of conducting a block party, the Council does hereby grant permission as requested, including therein permission to conduct the said affair on Sunday, September 30, 2018, in the event of inclement weather, the action taken herein being made subject to the approval of the Police Department. #284-18 RESOLVED, that having considered an application from Karen Werden, 19651 Flamingo Boulevard, Livonia, MI 48152, dated July 12, 2018, requesting permission to close Flamingo Boulevard between St. Martins and Bretton, on Saturday, September 8, 2018, from 2:00 p.m. to 10:00 p.m., for the purpose of conducting a block party, the Council does hereby grant permission as requested, including therein permission to conduct the said affair on Sunday, September 9, 2018, in the event of inclement weather, the action taken herein being made subject to the approval of the Police Department. #285-18 WHEREAS, the City Council of the City of Livonia, Wayne County, Michigan recognizes the role of The Senior Alliance as the designated Area Agency on Aging for Southern and Western Wayne County to be responsible for planning, developing, coordinating, monitoring, and managing a comprehensive organized service delivery system of services for older adults and caregivers. WHEREAS, the 34 communities of Southern and Western Wayne County, including the City of Livonia, comprises the Planning and Service Area to the agency’s governing body. WHEREAS, the Office of Services to the Aging require local Area Agencies on Aging to request approvals of their Annual Implementation Plan from their local governments. WHEREAS, The Senior Alliance has submitted the plan to this honorable body in accordance with federal and state laws. WHEREAS, The Senior Alliance has held a public hearing for client, caregiver, and service provider population feedback which contributed to the development of the Annual Implementation Plan for Fiscal Year (FY) 2019. 40659 Regular Meeting Minutes of August 8, 2018 NOW, THEREFORE, BE IT RESOLVED, that this honorable body approves the Annual Implementation Plan for FY 2019, as presented to the City. APPROVED AND ADOPTED, by the City Council on August 8, 2018. Motion: Vice President Jolly Second: Councilmember White Ayes: Meakin, Jolly, Kritzman, Bahr, White, McIntyre and Toy Signed: Susan M. Nash, City Clerk Dated: August 8, 2018 I attest that the foregoing is true and correct copy of a resolution approved at the City Council Meeting held in the City of Livonia on August 8, 2018. #286-18 RESOLVED, that having considered the report and recommendation of the Superintendent of Parks and Recreation, dated July 11, 2018, which bears the signature of the Director of Finance and is approved for submission by the Mayor, regarding additional appropriation and expenditure for additional materials required in connection with the patio replacement outside George Murphy’s at Fox Creek Golf Course, previously authorized in Council Resolution No. 45-18, adopted on February 12, 2018, the Council does hereby appropriate and authorize an additional expenditure in the amount of $1,736.85, increasing the total contract amount from $20,499.50 to $22,236.35, such additional amount being payable to Pizzo Development Group, LLC, 349 Antoine, Suite #1, Wyandotte, Michigan 48192, for completing all work required in connection with the patio replacement outside George Murphy’s at Fox Creek Golf Course; FURTHER, the Council does hereby authorize an expenditure in an amount not to exceed $1,736.85 from funds already budgeted in Account No: 409-000-974-103 for this purpose. #287-18 RESOLVED, that having considered the report and recommendation of the Director of Public Works, dated July 11, 2018, which bears the signature of the Director of Finance and is approved for submission by the Mayor, to which is attached a communication from the Fleet Manager, dated May 30, 2018, the Council does hereby authorize the purchase of one (1) 2019 Ford F250 Super Cab 4X4 Pick-up Truck, at a cost of $28,197.00, and one (1) 2019 Ford Transit Van 250, at a cost of $29,547.00, for a total cost of $57,744.00, from Signature Ford, 1960 E. Main Street, Owosso, Michigan 48867; and the outfitting of said vehicles by Truck and Trailer Specialties, 1200 Victory Dr., Howell, Michigan 48843, at a cost of $28,705.00 for the ford F250 Super Cab 4X4 Pick-up 40660 Regular Meeting Minutes of August 8, 2018 Truck and $24,460.00 for the Ford Transit Van 250, for a total cost of $53,165.00, for a total amount not to exceed $110,909.00, as replacement vehicles to be utilized by the Water Section of the Department of Public Works, the same to be expended from funds already budgeted for this purpose in Account No: 592-559-142-000 (Water and Sewer Fund); FURTHER, the Council does hereby determine to authorize the said purchase without competitive bidding inasmuch as the same is based upon the low State of Michigan bid price under MI-Deal Contract No. 071B7700180 for the new vehicle purchase; and through the Rochester Hills Purchasing Co-Op (RFP-RH-13-030) for the outfitting of said vehicles; and no advantage to the City would result from competitive bidding, and such action is taken in accordance with the provisions set forth in Section 3.04.140.D.4 of the Livonia Code of Ordinances, as amended; FURTHER, the Council does hereby authorize the disposal of the replaced vehicles at public auction hosted by the Michigan Inter- governmental Trade Network (MITN) or commercial auction after receipt of the new vehicles. #288-18 RESOLVED, that having considered the report and recommendation of the Director of Public Works, dated July 11, 2018, which bears the signature of the Director of Finance and is approved for submission by the Mayor, the Council does hereby authorize the purchase of four (4) 2019 Ford F250 Super Cab 4X4 Pick-up Trucks, with plows, municipal strobe lighting safety packages and spray in bed liners, at a cost of $28,197.00 each, from Signature Ford, 1960 E. Main Street, Owosso, Michigan 48867, for a total cost not to exceed $112,788.00; and the outfitting of said vehicles, at a cost of $15,517.75 each, by Cannon Truck Equipment, 51761 Danview Technology Ct., Shelby Township, Michigan 48315, for a total cost of $62,071.00, for a total amount not to exceed $174,859.00, to replace vehicles assigned to the Roads Section of the Department of Public Works, the same to be expended from funds already budgeted for this purpose in the Capital Outlay Budget, Account No: 401- 000-985-010; FURTHER, the Council does hereby determine to authorize the said purchase without competitive bidding inasmuch as the same is based upon the low State of Michigan bid price under Contract No. 071B7700180 for the new vehicle purchases; and the low State of Michigan MI-Deal bid price under Contract No. 071B2200263 for the outfitting of said vehicles, and such action is taken in accordance with the provisions set forth in Section 3.04.140.D.4 of the Livonia Code of Ordinances, as amended; FURTHER, the Council does hereby authorize the disposal of the replaced vehicles at public auction hosted by the Michigan Intergovernmental Trade Network (MITN) or commercial auction after receipt of the new vehicles. #289-18 RESOLVED, that having considered the report and recommendation of the Director of Public Works, dated July 12, 2018, which bears the signature of the Director of Finance and is approved for 40661 Regular Meeting Minutes of August 8, 2018 submission by the Mayor, the Council does hereby authorize the Mayor and City Clerk to execute a one year contract, for and on behalf of the City of Livonia, with EJ USA, Inc., 13001 Northend Avenue, Oak Park, Michigan 48237, for the purchase of stormwater, water main and sanitary manhole related items in an amount not to exceed $75,000.00 annually; FURTHER; the Council does hereby authorize an expenditure in an amount not to exceed $75,000.00 from funds already budgeted in Account Nos. 592-559-787-050 (Water Main Supply), 592-559-787-060 (Water Valves & Gate Wells), 592-559-787-070 (Hydrant Supply), and 592-559- 796-000 (Sanitary Supply) for this purpose; FURTHER, the Council does hereby authorize such action without competitive bidding for the reasons indicated in the aforesaid communication, and such action is taken in accordance with Section 3.04.140D.3 of the Livonia Code of Ordinances, as amended. #290-18 RESOLVED, that having considered the report and recommendation of the Director of Public Services, dated July 12, 2018, which bears the signature of the Director of Finance and is approved for submission by the Mayor, the Council does hereby accept the bid of Havener Tech, 433 Elmwood, Troy, MI 48083 for performing all work required in connection with catch-basin, storm sewer, and concrete slab stabilization, on an as needed basis, in an amount not to exceed $25,000.00 annually for a two (2) year period (with an option to renew for an additional two year period), the same to be expended from funds already budgeted for this purpose in Account No. 204-463-818-119 (Road Maintenance Budget); FURTHER, the Council does hereby authorize the aforesaid action without competitive bidding inasmuch as the same is based upon the low cooperative bid pricing and in accordance with Section 3.04.140.D.4 of the Livonia Code of Ordinances, as amended; and the Mayor and City Clerk are hereby authorized to execute a contract, subject to approval as to form and substance by the Department of Law, for and on behalf of the City of Livonia with the aforesaid bidder and to do all other things necessary or incidental to the full performance of this resolution. A roll call vote was taken on the foregoing resolutions with the following result: AYES: Meakin, Jolly, Kritzman, Bahr, White, McIntyre and Toy NAYS: None The President declared the resolutions adopted. White gave first reading to the following Ordinance: 40662 Regular Meeting Minutes of August 8, 2018 AN ORDINANCE ADDING SECTION 051, AND AMENDING SECTONS 050, 090, 100, 310, AND 345 TO CHAPTER 04 OF TITLE 12 OF THE LIVONIA CODE OF ORDINANCES. The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in the Office of the City Clerk and is the same as if word for word repeated herein. The above Ordinance was placed on the table for consideration at an upcoming Regular meeting. Meakin gave first reading to the following Ordinance: AN ORDINANCE AMENDING SECTION 33 OF THE ZONING MAP OF THE CITY OF LIVONIA AND AMENDING ARTICLE III OF ORDINANCE NO. 543, AS AMENDED, KNOWN AND CITED AS “THE CITY OF LIVONIA ZONING ORDINANCE” BY ADDING SECTON 3.___________ THERETO. (Petition 2018-02-01-03) The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in the Office of the City Clerk and is the same as if word for word repeated herein. The above Ordinance was placed on the table for consideration at an upcoming Regular meeting. McIntyre gave first reading to the following Ordinance: AN ORDINANCE AMENDING SECTION 9.03(j) OF ARTICLE IX AND SECTION 10.03(d) OF ARTICLE X OF ORDINANCE NO. 543, AS AMENDED, KNOWN AND CITED AS “THE CITY OF LIVONIA ZONING ORDINANCE” BY ADDING SECTON 3.___________ THERETO. (Petition 2018-04-06-01) The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in the Office of the City Clerk and is the same as if word for word repeated herein. The above Ordinance was placed on the table for consideration at an upcoming Regular meeting. At the direction of the Chair, Items 14 and 15 were removed from the Agenda. 40663 Regular Meeting Minutes of August 8, 2018 On a motion by Jolly, seconded by White, and unanimously adopted, it was: #291-18 RESOLVED, that having considered the report and recommendation of the Parks and Recreation Commission, dated July 12, 2018, submitted pursuant to Council Resolution No. 231-18, regarding the request of Councilmember Jim Jolly to consider renaming an existing City park as the Harry Tatigian Park, the Council does hereby approve this request and does hereby concur in renaming Helman Park and Nature Preserve to the “Harry Tatigian Park and Nature Preserve” in honor of his dedication and service to Parks and Recreation and the City of Livonia, and does hereby direct the Department of Public Works to take all necessary action to effectuate this resolution; FURTHER, the Department of Law is hereby requested to prepare an appropriate amendment to Section 12.16.010(4) for submission to Council to reflect the naming of this park. On a motion by Jolly, seconded by White, and unanimously adopted, it was: #292-18 RESOLVED, that having considered a communication from the Department of Law, dated July 17, 2018, approved for submission by the Mayor, transmitting for Council acceptance of a quit claim deed from Ms. Alicia Zulker and Mr. Gary Kerr, for the right-of-way adjacent to Parcel ID #132-99-0007-001, more particularly described as: Part of the Southeast ¼ of Section 33, Town 1 South, Range 9 East, City of Livonia, Wayne County, Michigan, described as: That part of the southeast ¼ of Section 33, T. 1S., R. 9E., City of Livonia, Wayne County, Michigan more particularly described as commencing at the southeast corner of said Section 33 and proceeding N 00°00’00” E, 713.71 feet along the east line of Section 33 and the centerline of Farmington Road, said point also being the Point of Beginning; thence continuing along said centerline of Farmington Road N 00°00’00” E, 93.00 feet; thence N 90°00’00” W, 60.00 feet; thence S 00°00’00” W, 93.00 feet; thence N 90°00’00” E, 60.00 feet to the Point of Beginning. Containing 0.128 Acres, more or less. The Council does hereby, for and in behalf of the City of Livonia, accept the aforesaid Quit Claim Deed, and the Mayor and City Clerk are hereby authorized to execute the Quit Claim Deed conveying the above- described property to the City of Livonia, and the City Clerk is hereby requested to have the same recorded in the Office of the Register of 40664 Regular Meeting Minutes of August 8, 2018 Deeds and to do all other things necessary or incidental to fulfill the purpose of this resolution. On a motion by Kritzman, seconded by Meakin, and unanimously adopted, it was: #293-18 RESOLVED, that the Council does hereby suspend their rules for procedure as outlined in Council Resolution 574-82 so as to permit consideration of items that do not appear on the Agenda. On a motion by Meakin, supported by White, and unanimously adopted, it was: #294-18 RESOLVED, that having considered a letter dated June 25, 2018, from James M. Inglis, Director of the Livonia Housing Commission, wherein it is requested that Council Resolution No. 266-18 be amended to revise the deed to include the name of the co-signer, Fadi Saleem, as required by the mortgage company, the Council does hereby amend and revise Council Resolution 266-18 so as to read as follows: RESOLVED, that having considered a communication from the Director of the Livonia Housing Commission, dated June 25, 2018, which bears the signature of the Director of Finance and is approved for submission by the Mayor, and which submits a bid received in connection with the sale of City-owned property purchased from the State of Michigan utilizing Federal Community Development Block Grant (CDBG) Program funds regarding the single home located at 29149 Morlock, the Council does hereby accept the bid and authorizes the sale of the aforesaid City-owned property to Nawal Saleem Aqoni and Fadi Saleem, 18301 Deering, Livonia, MI 48152, for a total purchase price of $100,000.00, having been the highest bid actually received, the actions herein being taken in order to best serve the interests of the community; FURTHER, the total proceeds of such sale shall be allocated to the Community Development Block Grant (CDBG) Program as program income; and the Mayor and City Clerk are hereby requested to execute a quit claim deed and such other documents as may be necessary or incidental to fulfill the purpose of this resolution; and the Department of Law is hereby requested to prepare and place in proper form such legal documents as may be 40665 Regular Meeting Minutes of August 8, 2018 necessary to consummate this transaction; and the City Clerk is hereby requested to have said quit claim deed recorded in the Office of the Register of Deeds and to do all other things necessary or incidental to fulfill the purpose of this resolution. On a motion by Jolly, supported by Kritzman, and unanimously adopted, it was: #295-18 RESOLVED, that having considered the report and recommendation of the Department of Law, dated July 31, 2018, which bears the signature of the Director of Finance and is approved for submission by the Mayor, to which is attached a proposed Lease Agreement for renewal of the lease between the City of Livonia and the Livonia Save Our Youth Task Force for 360 square feet of space in the City Hall Annex’s east wing for property located at 33000 Civic Center Drive, Livonia, Michigan 48154, the Council does hereby approve a renewal of the lease agreement between the City of Livonia and the Livonia Save Our Youth Task Force, 33000 Civic Center Drive, Livonia, Michigan 48154 for a period of three (3) years, beginning August 1, 2018 through July 31, 2021, under the same terms and conditions as set forth in the 2015 lease agreement, at an initial monthly rate of $380.00, with a 3% annual escalator; and the Mayor and City Clerk are hereby authorized to execute a lease agreement, for and on behalf of the City of Livonia, and to do all other things necessary or incidental to the full performance of this resolution. President Toy opened the floor for Audience Communication. Robert Kirchner, 35820 Veri Court, returned to the podium. President Toy went over the rules of Audience Communication. Vice President Jolly offered Kirchner an additional three minutes of Audience Communication. Kirchner stated the reason he approached the podium is not in disrespect for the rules but noted that Councilmember Kritzman had not been present at the beginning of meeting when he spoke. He asked Council if anyone objected to House Bill 4220 that would make them not lend their support to it. President Toy responded that when a bill is laying stagnant for over a year, that the problem lays within the committee structure, and not necessarily this Council. She reminded him this is a State issue. Kirchner stated he is only requesting feedback from other Council members. 40666 Regular Meeting Minutes of August 8, 2018 Bahr replied that he did not study this issue and appreciated the handout that Kirchner brought to the meeting tonight and assured him he will look into this more. Kirchner asked if Council could do anything to monitor the shutoffs that are scheduled in the City of Livonia. President Toy asked City Attorney Bernier to address the issues that Kirchner brought up and he said the City could pass an Ordinance but that does mean that DTE or the State would comply with it. McIntyre stated there are a number of programs available to seniors and lower income residents to help them in the event of threatened shutoffs and any ordinance that the City would pass would be unenforceable. Vice President Jolly responded to Kirchner by saying that the Council are not unsympathetic to his viewpoints or his situation but as a local governmental unit, the City Council in the City of Livonia, they are subject to the higher powers being the State Government. The State Government through their mechanisms and their structure have a supremacy in regard to this issue in particular. The Council has no authority to deal with it as Mr. Bernier said. He said the Council believes in good government and they want to support their citizens but at the same time they don’t want to go through an effort that they know will be futile. He thanked him for bringing his concerns before the Council but unfortunately they are not the appropriate body to address those concerns. President Toy stated that Kirchner had exhausted the time allowable for his Audience Communication. Councilmember Kritzman indicated he had miss the opportunity for announcements at the beginning of the meeting because of his late arrival but wished to update the Council on his recent election to SEMCOG’S Executive Committee representing the City of Livonia and reported out on the meeting held last week, citing that they are a tremendous resource and invited everyone to th visit their website for all they do on a regional basis and in honor of their 50 Anniversary they presented Livonia with a tile commemorating this landmark. President Toy asked for a few moments of silence to garner strength and hope for the family of the City’s Police Chaplain whose daughter was struck by a car while jogging. On a motion by McIntyre, supported by Bahr, and unanimously adopted, this 1,854th Regular Meeting of the Council of the City of Livonia was adjourned at 7:37 p.m. on August 8, 2018. _____________________ Susan M. Nash, City Clerk