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HomeMy WebLinkAbout2019-10-21 REV. 11-13-19 41117 MINUTES OF THE ONE THOUSAND EIGHT HUNDRED AND EIGHTY-THIRD REGULAR MEETING OF OCTOBER 21, 2019 On October 21, 2019 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 Cathy White led the meeting in the Pledge with Boy Scout Troop 271 and Clint Anderson, (108 year old resident of Livonia), and his family. Roll was called with the following result: Brandon Kritzman, Cathy White, Kathleen McIntyre, Brian Meakin, Jim Jolly and President Laura Toy. Absent: Scott Bahr. Elected and appointed officials present: Mark Taormina, Director of Planning and Economic; Todd Zilincik, City Engineer; Paul Bernier, City Attorney; Susan M. Nash, City Clerk; Mike Slater, Director of Finance; Judy Priebe, Director of Legislative Affairs; Curtis Caid, Chief of Police; Ted Davis, Superintendent of Parks and Recreation; and Mayor Dennis Wright. On a motion by McIntyre, supported by Kritzman, and unanimously adopted, it was: #346-19 RESOLVED, that the minutes of the 1,882nd Regular Meeting of Council held October 7, 2019 are approved as presented. Councilmember McIntyre presented a commendation to Saint Aidan Parish on behalf of the Mayor and City Council. Father Kevin, Saint Aidan Parish, was present to accept the commendation and thanked all who serve the Livonia community. 41118 Regular Meeting Minutes of October 21, 2019 Police Chief Curtis Caid acknowledged and thanked Father Kevin who also serves as the Police Department’s Chaplain and thanked all church members for their dedication to the City. President Toy gave a tribute and extended Happy Birthday wishes to Clint Anderson, a Livonia resident who turned 108 years old. On behalf of the Mayor and City Council she honored Mr. Anderson and his multi-generational family. City Clerk Susan Nash reminded residents there will be a City election on th Tuesday, November 5 and stated the polls are open from 7:00 a.m. to 8:00 p.m. Clerk Nash indicated an absentee ballot can be obtained through Monday, th November 4 and with last year’s adoption of Proposal 18-3, residents may register to vote up to and including election day. She provided her office phone number of (734) 466-2235 should residents have questions or concerns. President Toy announced there is New Data on Items 7 and 8. There was no Audience Communication at the beginning of the meeting. A communication from the Department of Finance, dated September 27, 2019, re: Quarterly Investment Report of the City of Livonia as of August 31, 2019, was received and placed on file for the information of the Council. On a motion by Jolly, supported by McIntyre, it was: #347-19 RESOLVED, that having considered a communication from the Director of Community Resources, dated September 18, 2019, which bears the signatures of the Finance Director and the City Attorney and is approved for submission by the Mayor, and to which is attached a proposed Vehicle Lease Agreement between the Suburban Mobility Authority for Regional Transportation (SMART) and the City of Livonia to accept two (2) 2019 wheelchair lift equipped vehicles which have been provided by the Federal Transit Administration (FTA) 5310 Grant through SMART for the Livonia Community Transit Program at no cost to the City, one (1) vehicle is a scheduled replacement vehicle and one (1) vehicle is an expansion vehicle, the Council does for and on behalf of the City of Livonia, authorize the Mayor and City Clerk to execute the said agreement upon approval as to form and substance by the Department of Law. #348-19 RESOLVED, that having considered the report and recommendation of the Chief of Police, dated September 17, 2019, which bears the signatures of the Director of Finance and the City Attorney, and is approved for submission by the Mayor, the Council does hereby authorize the purchase of one (1) 2019 Chevrolet Tahoe 4WD, to replace 41119 Regular Meeting Minutes of October 21, 2019 a vehicle damaged beyond repair in August, 2019, for use by the Uniform TH Division, from Berger Chevrolet, 2525 28 Street, Grand Rapids, MI 49512, in an amount not to exceed $36,463.00; FURTHER, an amount not to exceed $36,463.00 is hereby authorized to be expended from insurance carrier reimbursement and budgeted funds from Account No. 101-325-985-000 for this purpose; 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, Macomb County and Oakland County consortium bids 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. #349-19 RESOLVED, that having considered the report and recommendation of the Chief of Police, dated September 27, 2019, which bears the signature of the Director of Finance, is approved as to form by the City Attorney and is approved for submission by the Mayor, the Council does hereby accept the quote of CDWG, LLC, 75 Remittance Drive, Suite 1515, Chicago, IL 60675, for the purchase of two hundred (200) Microsoft Office Pro Plus 2019 licenses, to replace current Microsoft Office 2010 licenses which are out of warranty and at the end of their life expectancy, and are no longer supported by Microsoft; FURTHER, the Council does hereby authorize an expenditure in an amount not to exceed $78,944.00 from funds budgeted in Account No. 101-306-987-000 (Capital Outlay – Other) for this purpose; 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 Contract Pricing through Bid # MiDEAL-071B6600110 for the new purchase, 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. #350-19 RESOLVED, that having considered the report and recommendation of the Superintendent of the Parks and Recreation, dated September 12, 2019, submitted pursuant to Parks and Recreation Commission resolution #3693, adopted on September 4, 2019, which bears the signature of the Director of Finance and is approved for submission by the Mayor, wherein new fees for the Dog Park at Bicentennial Park are recommended, the Council does hereby concur in the recommendation of the Parks and Recreation Commission as set forth in its resolution #3693-19, adopted on September 4, 2019, and does hereby establish rates for use of the Dog Park at Bicentennial Park, with access tentatively scheduled from November 2019 through January 31, 2021, as follows: 41120 Regular Meeting Minutes of October 21, 2019 st $30.00/1Dog, $10/additional dog (maximum of 3 dogs/household) $20.00 charge for key fob replacement $20.00 returning dog with key fob returned #351-19 RESOLVED, that having considered a communication from Michael A. Cascio, AIA, Designer, Neumann Smith Architecture, dated September 27, 2019, requesting to amend the approved site plan for Petition 2019-02-08-05, submitted by St. Michael Parish, previously approved in Council Resolution 148-19, adopted on April 22, 2019, for the addition and renovation to the church building located on the southwest corner of Hubbard and Plymouth Roads (11441 Hubbard Road), in the Northwest ¼ of Section 34, the Council does hereby approve the amendments to the site plan subject to the following revised conditions: 1. That the Site Engineering Plan identified as Sheet C1.3 dated October 4, 2019 issued for bids and permits, prepared by Spalding DeDecker Engineering and Surveying, is hereby approved and shall be adhered to; 2. That the Architectural Renderings date-stamped September 27, 2019 as prepared by Neumann Smith Architecture are hereby approved and shall be adhered to; and 3. That the remaining conditions set forth in Council Resolution 148- 19 remain in effect. A roll call vote was taken on the foregoing resolutions with the following result: AYES: White, McIntyre, Meakin, Jolly, Kritzman and Toy NAYS: None The President declared the resolutions adopted. Councilmember Cathy White, as Vice-Chair of the Finance and Budget Committee, reported out on the meeting of Wednesday, September 25, 2019. Proposed budget for the City of Livonia for the fiscal year ending November 30, 2020, and the property tax millage proposed to be levied to support the proposed budget. (CR 297-19) 41121 Regular Meeting Minutes of October 21, 2019 The City of Livonia Preliminary Budget Documents for Fiscal Year 2019- 2020, received on September 13, 2019, was received and placed on file for the information of the Council. The Supplement to Preliminary Budget 2019-2020 Personnel Worksheets, received on September 10, 2019, was received and placed on file for the information of the Council. On a motion by White, supported by Meakin, and unanimously approved, it was: #352-19 RESOLVED, that the Council hereby determines that the Annual Budget for the Fiscal Year as submitted by the Mayor for the next Fiscal Year commencing December 1, 2019, and ending November 30, 2020, as shown in the budget document in Section I, submitted by the Mayor to the Council on September 13, 2019, pursuant to Section 3, Chapter vii of the City Charter, be and hereby is determined and adopted, provided, however, for the monthly reports to the Council, the amounts as shown in Sections III and IV should be used for comparative reporting purposes, and Council approval is required for any modification to the amounts shown in Section I, and that all proceedings on said Budget be and hereby are approved as being in full conformance with the City Charter, a public hearing having been held on October 2, 2019, after proper notice being published in the Livonia Observer and Eccentric, the official newspaper of the City, on September 22, 2019, and provided further that the City Clerk shall publish or cause to be published this resolution together with a summary of said Budget as adopted herein, together with the minutes of this meeting. On a motion by White, supported by Jolly, and unanimously adopted, it was: #353-19 RESOLVED, that pursuant to Section 5, Chapter VII and Section 1 of Chapter VIII of the Charter of the City of Livonia, the Council does hereby establish a tax levy of 4.0203 mills, of the taxable valuation of all real and personal property subject to taxation in the City of Livonia for the next fiscal year commencing December 1, 2019, and ending November 30, 2020, and in addition to the above amount which is authorized to be levied for general purposes by the Charter of the City of Livonia: 41122 Regular Meeting Minutes of October 21, 2019 (a) The Council does hereby establish a tax levy of .8038 mills, of the Taxable Valuation of all real and personal property subject to taxation in the City of Livonia for the fiscal year set out above, pursuant to Section 1 of Chapter VIII of the Charter of the City of Livonia, for the purpose of providing additional revenues for police protection and law enforcement personnel, equipment, supplies and facilities of the City of Livonia; in addition to the amount authorized to be levied for general municipal purposes; (b) The Council does hereby establish a tax levy of 1.2060 mills, of the Taxable Valuation of all real and personal property subject to taxation in the City of Livonia for the fiscal year set out above, pursuant to Section 1 of Chapter VIII of the Charter of the City of Livonia, for the purpose of providing additional revenues for fire, police and snow removal personnel, equipment, supplies and facilities of the City of Livonia; in addition to the amount authorized to be levied for general municipal purposes; (c) The Council does hereby establish a tax levy of 1.6897 mills, of the Taxable Valuation of all real and personal property subject to taxation in the City of Livonia for the fiscal year set out above, pursuant to Section 1 of Chapter VIII of the Charter of the City of Livonia, for the purpose of providing additional revenues for police and fire personnel and support costs in the City of Livonia, in addition to the amount authorized to be levied for general municipal purposes; (d) The Council does hereby establish a tax levy of .8038 mills, of the Taxable Valuation of all real and personal property subject to taxation in the City of Livonia for the fiscal year set out above, pursuant to Section 1 of Chapter VIII of the Charter of the City of Livonia, for the purpose of providing additional revenues for library services, supplies and facilities in the City of Livonia; in addition to the amount authorized to be levied for general municipal purposes; (e) The Council does hereby establish a tax levy of .0116 mills, of the Taxable Valuation of all real and personal property subject to taxation in the City of Livonia for the fiscal year set out above, pursuant to the provisions of Act 359 of the Public Acts of 1925, for the purpose of advertising, exploiting and making known the industrial and commercial advantages of the City of Livonia and to establish projects for the purpose of encouraging immigration to, and increasing the trade, business and industries of the City of Livonia; in addition to the amount which is authorized to be levied for general municipal purposes; (f) The Council does hereby establish a tax levy of .7806 mills, of the Taxable Valuation of all real and personal property subject to taxation in the City of Livonia for the fiscal year set out above, for the purpose of providing additional revenues for a community recreation center, 41123 Regular Meeting Minutes of October 21, 2019 recreation personnel, equipment, supplies, facilities and operations; in addition to the amount authorized to be levied for general municipal purposes; (g) The Council does hereby establish a tax levy of .8838 mills, of the Taxable Valuation of all real and personal property subject to taxation in the City of Livonia for the fiscal year set out above, for the purpose of providing additional revenues for repairing or replacing public roads, sidewalks and trees in the City of Livonia; in addition to the amount to be levied for general municipal purposes; (h) The Council does hereby establish a tax levy of .4969 mills, of the Taxable Valuation of all real and personal property subject to taxation in the City of Livonia for the fiscal year set out above, for the purpose of providing additional revenues for the City’s community transit program and capital improvements within the City of Livonia; in addition to the amount to be levied for general municipal purposes; (i) The Council does hereby establish a tax levy of .2484 mills, of the Taxable Valuation of all real and personal property subject to taxation in the City of Livonia for the fiscal year set out above, pursuant to Section 1 of Chapter VIII of the Charter of the City of Livonia, for the purpose of providing additional revenues for staff, maintenance, and; support costs for cultural and senior services in the City, including the Livonia Senior Center and Greenmead Historical Village, in addition to the amount authorized to be levied for general municipal purposes; (j) The Council does hereby establish a tax levy of 1.9120 mills, of the Taxable Valuation of all real and personal property subject to taxation in the City of Livonia for the fiscal year commencing December 1, 2019 and ending November 30, 2020, pursuant to the provisions of Act 298 of the Public Acts of 1917, for the purpose of establishing, operating, maintaining and administering the Municipal Garbage Collection System and/or plant for the collection and disposal of garbage and refuse in the City of Livonia; in addition to the amount authorized to be levied for general municipal purposes; (k) The Council does hereby establish a tax levy of .4941 mills, of the Taxable Valuation of all real and personal property subject to taxation in the City of Livonia for the fiscal year commencing December 1, 2019 and ending November 30, 2020, for the purpose of defraying City expenses and liabilities for the collection and disposal activities required for curbside recycling and yard waste composting programs; in addition to the amount authorized to be levied for general municipal purposes; (l) The Council does hereby establish a tax levy of 2.0000 mills to be due and payable on July 1, 2020, of the Taxable Valuation of all real and 41124 Regular Meeting Minutes of October 21, 2019 personal property located within the Plymouth Road Development Authority, subject to taxation in the City of Livonia for the fiscal year commencing December 1, 2019 and ending November 30, 2020, pursuant to the provisions of Act 197 of the Public Acts of 1975, for the purpose of providing revenues for obligations and operations of the Plymouth Road Development Authority, in addition to the amount to be levied for general municipal purposes. This millage shall be effective provided that all residential properties are first removed from the Plymouth Road Development Authority district; AND PROVIDED FURTHER, that the Wayne County Bureau of Taxation, City Assessor, City Treasurer and City Clerk are hereby authorized and directed to do all things necessary or incidental to the full performance of this resolution, and the City Clerk is hereby requested to immediately transmit copies of this resolution to each of the above offices. A communication from the Department of Law, dated October 9, 2019, re: proposed Amendment to the Zoning Ordinance, was received and placed on file for the information of the Council. (Petition 2019-07-01-06) Meakin gave first reading to the following Ordinance: AN ORDINANCE AMENDING SECTION 11 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 2019-07-01-06) 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. A communication from the Superintendent of Parks and Recreation, dated October 9, 2019, re: additional information regarding proposed fee increases, was received and placed on file for the information of the Council. 41125 Regular Meeting Minutes of October 21, 2019 On a motion by Jolly, supported by McIntyre, and unanimously adopted, it was: #354-19 RESOLVED, that having considered the report and recommendation of the Superintendent of Parks and Recreation, dated September 12, 2019, submitted pursuant to Parks and Recreation Commission resolution #3692, adopted on September 4, 2019, which bears the signature of the Director of Finance and is approved for submission by the Mayor, wherein proposed fee increases for athletic fees, archery pass fees and new rental fees are recommended, the Council does hereby concur in the recommendation of the Parks and Recreation Commission as set forth in its resolution #3692, adopted on September 4, 2019, and hereby approves the recommended fee changes, effective January 1, 2020, as follows: A. Youth Sport Program Fees Council Current Fee Proposed Fee Res# T-Ball/Coach Pitch – Open 466-08 $40 - Resident $45 - Resident Registration 466-08 $50 - Non-Res. $55 - Non-Res. T-Ball/Coach-Pitch - Late 466-08 $50 - Resident $55 - Non Res. Registration 466-08 $60 - Non Res. $65 - Non-Res. B. Archery Season Pass 1 Member 422-03 $25 – Resident $30 - Resident 422-03 $40 – Non-Res. $45 - Non-Res. 2 Members 422-03 $35 – Resident $40 - Resident 422-03 $50 – Non-Res. $55 - Non-Res. 3 Members 422-03 $45 – Resident $50 - Resident 422-03 $60 – Non-Res. $65 - Non-Res. 4 Members 422-03 $55 – Resident $60 - Resident 422-03 $70 – Non-Res. $75 - Non-Res. New Rental Rate C. Adult Sport Leagues/Teams Proposed Hourly Fee Tennis Court/Pickleball Court Rental $15 – Residents $25 – Non-Residents On a motion by Meakin, supported by Kritzman, and unanimously adopted, it was: 41126 Regular Meeting Minutes of October 21, 2019 #355-19 RESOLVED, that having considered the report and recommendation of the City Engineer, dated September 27, 2019, which bears the signature of the Director of Finance, is approved by the Director of Public Works, and approved for submission by the Mayor, regarding additional appropriation and expenditure for the Whispering Willows parking lot improvements (Contract 19-M), previously authorized in Council Resolution 202-19, adopted on June 3, 2019, for performing all work required in connection with the paving of Lot B at the Greenmead Historical Park, the Council does hereby appropriate and authorize an additional expenditure in the amount of $100,000.00 for the Whispering Willows parking lot improvements (Contract 19-M) for the paving of Lot B at the Greenmead Historical Park, increasing the estimated total contract amount from $177,856.00 to $277,856.00, such additional amount being payable to Nagle Paving Company, 36780 Amrhein, Livonia, Michigan 48150; FURTHER, the Council does hereby authorize the action herein without competitive bidding in accordance with Section 3.04.140.D.3 of the Livonia Code of Ordinances, as amended, since no advantage to the City would result from competitive bidding; FURTHER, the Council does hereby authorize an additional appropriation and expenditure in an amount not to exceed $100,000.00 from the unexpended fund balance of the Capital Projects Fund (401) for this purpose; and the City Engineer is hereby authorized to approve minor adjustments in the work as it becomes necessary but this authorization does not entitle the City Engineer to authorize any increase in the not to exceed amount or to contract with other parties. On a motion by White, supported by Jolly, and unanimously adopted, it was: #356-19 WHEREAS, pursuant to due and proper notice published and mailed to all property owners in Special Assessment District No. 436, more particularly described in Council Resolution 305-19, adopted on September 9, 2019, as required by the provisions of the City Charter and Title 3, Chapter 8 of the Livonia Code of Ordinances, as amended, the City Council has duly met and reviewed the special assessment levied in the special assessment roll prepared by the City Assessor to cover the district in which street lighting is to be installed, such roll having been prepared on the basis of installing one (1) 135-watt Stock Fixture in Adams Court Site Condominiums, located on the south side of Plymouth Road, between Eckles Road and Alois Avenue, in the Southwest ¼ of Section 30, in said Special Assessment District No. 436; and the Council having conducted a first public hearing on August 21, 2019 and a second public hearing on October 2, 2019, with regard to this matter; 41127 Regular Meeting Minutes of October 21, 2019 WHEREAS, the City Council has heard and carefully considered all objections made to said assessment; NOW, THEREFORE, BE IT RESOLVED, that the said Council does hereby determine necessity for the installation of one (1) 135-watt Stock Fixture, and that the assessment set forth in said Special Assessment District No. 436 Roll is fair and equitable and based upon benefits derived in said district, in accordance with the plans of the City Engineer and resolutions of the City Council; said Special Assessment Roll No. 436 based on the installation of one (1) 135-watt Stock Fixture is hereby approved and confirmed in all respects; pursuant to the provisions of Section 3.08.130 of the Livonia Code of Ordinances, as amended, the City Clerk shall endorse the date of confirmation on the Assessment Roll, and the assessment roll shall then be immediately transmitted to the City Treasurer who shall take such further action as set forth in Title 3, Chapter 8 of the Livonia Code of Ordinances, as amended, and the Mayor and City Clerk are hereby authorized to execute a Municipal Street Lighting Agreement as provided by Detroit Edison for this purpose; and further, a sum not to exceed $146.00 is hereby authorized to be expended from the cash payments posted by or collected from the developer or homeowners in Adams Court Site Condominiums in order to defray the Detroit Edison contribution-in-aid costs connected with this street lighting installation project. On a motion by Jolly, supported by McIntyre, and unanimously adopted, it was: #357-19 RESOLVED, that having considered a communication from the Department of Law, dated October 8, 2019, which bears the signature of the Director of Finance, is approved by the City Engineer and the Director of Public Works, and approved for submission by the Mayor, transmitting for Council acceptance and purchase a Grant of Easement for a twelve (12) foot wide public utility easement in connection with the construction of a water main at the subject location in the North 1/2 of Section 5, more particularly described as: New 12’ Wide Public Water Main Easement A Water Supply System Easement being a part of Golf Ridge Villa Homes, W.C.C.P. No. 812 being a part of the North ½ of Section 5, T1S, R9E, City of Livonia, Wayne County, Michigan, as recorded in Liber 41677, Page 94 thru 159 and in First Amendment recorded in Liber 41978, Page 95 thru 112, described as: Commencing at the North ¼ corner of said Section 5; thence S00°05’27”E 60.00 feet along North – South ¼ line of said Section 5 to South line of Eight Mile Road; thence N89°45’37”E 97.52 feet; thence N89°25’41”E 854.99 feet to the Point of Beginning; thence N89°25’41”E 41128 Regular Meeting Minutes of October 21, 2019 12.00’; thence S00°10’20”E 160.27 feet; thence S45°06’59”E, 25.25 feet; thence S44°53’01”W 12.00 feet; thence N45°06’59”W, 30.22 feet; thence N00°10’20”W 165.15 feet to the Point of Beginning. Said easement area contains 2,285 square feet, or 0.052 acres, more or less. The Council does hereby, for and in behalf of the City of Livonia, approve the aforesaid Grant of Easement and does further authorize the purchase of said easement for $10,000.00 and the payment of not to exceed $5,000.00 in attorney fees incurred by the Grantor, such amounts to be appropriated and paid from the Unexpended Fund Balance of Water and Sewer Fund (592), and the Mayor and City Clerk are authorized to execute said Grant of Easement; Further, the City Clerk is hereby requested to have the same 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. There was no Audience Communication at the end of the meeting. , On a motion by McIntyre, supported by Jolly, and unanimously adopted, this 1,883rd Regular Meeting of the Council of the City of Livonia was adjourned at 7:42 p.m. on October 21, 2019. _____________________ Susan M. Nash, City Clerk