HomeMy WebLinkAbout2019-11-18
REV. 11-26-19
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MINUTES OF THE ONE THOUSAND EIGHT HUNDRED AND EIGHTY-FIFTH
REGULAR MEETING OF NOVEMBER 18, 2019
On November 18, 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. Vice President Jim Jolly led the meeting in the
Invocation.
Roll was called with the following result: Jim Jolly, Brandon Kritzman,
Scott Bahr, Cathy White, Kathleen McIntyre, Brian Meakin 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; Sara Kasprowicz, Secretary
II; and Dave Varga, Director of Administrative Services.
On a motion by Meakin, supported by Jolly, it was:
#373-19 RESOLVED, that the minutes of the 1,884th
Regular Meeting of Council held November 6, 2019 are
approved as presented.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Jolly, Kritzman, McIntyre, Meakin and Toy
NAYS: None
PRESENT: Bahr and White
The President declared the resolution adopted.
Councilmember Meakin presented a commendation to the American Legion
Auxiliary, celebrating 100 years of community outreach.
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Linda Roman came to the podium to thank Council for recognizing their group
and introduced the members of the group who were in attendance.
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Councilmember McIntyre wished former Mayor Jack Kirksey a very happy 90
birthday.
Councilmember Bahr stated that he was not in town to attend the meeting on
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November 6 after the election and that this is the first opportunity he’s had to
publicly thank the community for their support on his re-election.
President Toy sent get well wishes to Mayor Wright.
Councilmember Kritzman stated that this is his last opportunity on Council,
having been here eight years now, but this is his last chance to wish one of his
many daughters a happy birthday. He wished Alexandria who is turning seven
years old a happy birthday.
Councilmember McIntyre announced that his Sunday at the 9:30 a.m. mass at
St. Aidan’s Catholic Church on Farmington Road between Six Mile and Seven
Mile, they will be offering their annual mass for First Responders. All First
Responders are welcome to attend, either in uniform or not but they will be
recognized and honored during the mass and everyone is welcome to attend.
President Toy stated that on Election Day coats were collected and they collected
well over a couple hundred of coats and more are needed.
President Toy announced there is New Data on Item 15.
There was no Audience Communication at the beginning of the meeting.
A communication from the Department of Finance, dated October 25,
2019, re: financial statements for the City of Livonia as of September 30, 2019,
was received and placed on file for the information of the Council.
On a motion by White, supported by Jolly, it was:
#374-19 RESOLVED, that having considered a communication from
Enrico E. Soave, Esq., Kucyk Soave & Fernandes, PLLC, dated October
24, 2019, transmitting for Council acceptance a warranty deed from
Washington Park Development, LLC, a Michigan limited liability company,
for certain donated property, more particularly described as:
Land in the City of Livonia. Being part of the Southwest ¼
of Section 31, T. 1 S., R. 9 E., City of Livonia, Wayne
County, Michigan. Described as: Commencing at the West
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¼ corner of Section 31; thence N. 89 19’ 38” E 1979.48 feet
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along the East-West ¼ line of said section; thence S 00 00’
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00” W 60.00 feet; thence N 89 19’ 38” E 352.30 feet to the
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point of beginning; thence N 89 19’ 38” E 212.35 feet;
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thence S 00 00’ 28” W 137.77 feet; thence S 89 43’ 50”
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50.00 feet; thence S 79 52’ 40” W 58.44 feet; thence S 89
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43’ 50” W 103.07 feet; thence N 00 40’ 22” W 146.29 feet
to the point of beginning.
Containing 0.70 acres (30,303 sq. ft.)
Commonly known as: 38550 Liberty Drive
Sidwell No. 123-99-0006-001
The Council does hereby, for and in behalf of the City of Livonia, accept
the aforesaid warranty deed for public park purposes and hereby
authorizes the Mayor and City Clerk to do all things necessary or
incidental to the full performance of this resolution.
#375-19 RESOLVED, that having considered a communication from
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Kathleen J. McCann and Sean P. Kavanagh, District Court Judges, 16
Judicial District Court, dated October 24, 2019, requesting approval with
respect to the Court’s appointment of Kathleen L. Cole as part-time
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Substitute Magistrate of the 16 District Court, effective October 24, 2019
and extending to November 30, 2019, pursuant to Administrative Order
No. 2460 and Public Act 16 of the Public Acts of 1976, MCLA 600.8501(2),
the Council does hereby concur in and approve such appointment in
accordance with MCLA 600.8501(2); FURTHER, the Council does hereby
approve a per hour compensation of $41.20 and a flat $50.00 fee per call
for after-hours search warrant issuance for the Substitute Magistrate, with
no additional fringe benefits.
#376-19 RESOLVED, that having considered the report and
recommendation of the Finance Director, dated October 25, 2019,
approved for submission by the Mayor, identifying those areas where the
budget-to-actual comparison is sufficiently favorable to allow reallocation
of $1,658,000, the Council does hereby authorize an additional
contribution to the Voluntary Employees’ Beneficiary Association
(“VEBA”) Fund in the amount of $829,000.00 to reduce the unfunded
liability for retiree healthcare; FURTHER, the Council does hereby
authorize an additional contribution to the Building Improvement Capital
Projects Fund (418) in the amount of $829,000.00 to be used for building
projects; FURTHER, the Council does hereby authorize a budget
amendment to the following accounts:
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Increased Revenue/Decreased Expenses
101-000-444-000 Property Tax Adj $ 650,000
101-000-568-000 SSR-Sales and Use Tax 75,000
101-000-573-000 LCSA Rev 360,000
101-000-665-000 Interest Income 450,000
101-263-853-000 Telephone 60,000
101-263-921-000 Electric 25,000
101-805-702-000 Planning 38,000
$1,658.00
Increased Expenses
101-907-965-732 Contribution to VEBA $829,000
101-907-965-418 Contribution to Building
Improvement Fund 829,000
$1,658.00
and the Finance Director is hereby requested to do all things necessary
or incidental to the full performance of this resolution.
#377-19 RESOLVED, that having considered the report and
recommendation of the Superintendent of Parks & Recreation, dated
October 8, 2019, submitted pursuant to CR 04-19, adopted on January
16, 2019, which bears the signature of the Director of Finance and is
approved for submission by the Mayor, regarding the proposed Design
Concept for the Gymnastics Space Renovation Project (the “Project”) at
the Jack E. Kirksey Recreation Center, the Council does hereby refer this
item to the Committee of the Whole for its report and recommendation.
#378-19 RESOLVED, that having considered a communication from
the Director of Human Resources, dated October 23, 2019, which bears
the signature of the Director of Finance and is approved for submission
by the Mayor, and which transmits resolution #19-154, adopted by the
Civil Service Commission on October 22, 2019, wherein it is
recommended that the proposed agreement between the City of Livonia
and the AFSCME Union Local 192, as summarized in the attachment to
the aforesaid communication, be approved for the period December 1,
2019 through November 30, 2022, and the necessary amendments to the
Compensation Plan and the Health Insurance Plan be adopted so as to
effectuate the provisions set forth in the aforesaid agreement, the Council
does hereby approve of and concur in the aforesaid action of the Civil
Service Commission; and the Mayor and City Clerk are hereby requested
to affix their signatures to the said contract, 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.
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#379-19 RESOLVED, that having considered the report and
recommendation of the Superintendent of Public Service, dated October
25, 2019, which bears the signatures of the Director of Public Works and
the Director of Finance, and is approved for submission by the Mayor,
regarding additional appropriation and expenditure in connection with the
replacement of the City Hall fire panel and alarm system, previously
authorized in Council Resolution 117-19, adopted on April 8, 2019, the
Council does hereby appropriate and authorize an additional expenditure
in the amount of $4,793.24 for unforeseen issues that are required to be
addressed following inspection by the Fire Department in connection with
the replacement of the City Hall fire panel and alarm system, increasing
the total contract amount from $65,189.00 to $69,982.00, such amount
being payable to Healey Fire Protection, Inc., 134 Northpointe Dr., Lake
Orion, MI 48359; FURTHER, the Council does hereby authorize an
additional appropriation and expenditure in an amount not to exceed
$4,793.24 from the unexpended fund balance of the Capital Projects Fund
(401) for this purpose; FURTHER, such action is taken in accordance with
Section 3.04.140.D.3 of the Livonia Code of Ordinances, as amended.
White gave first reading to the following Ordinance:
AN ORDINANCE ADDING CHAPTER 22 (ILLICIT DISCHARGE
ELIMINATION) TO TITLE 13 OF THE LIVONIA CODE OF
ORDINANCES, AS AMENDED.
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.
#380-19 RESOLVED, that having considered the report and
recommendation of the City Engineer, dated October 21, 2019, which
bears the signature of the Director of Public Works and the Director of
Finance, and is approved for submission by the Mayor, the Council does
hereby approve the proposed 2020 Road Repair Program as proposed by
the Department of Public Works and as reviewed by the Citizens Advisory
Committee on roads for the eighth year of the Ten-Year Road Paving
Millage approved by Livonia residents, as shown in the attachment to that
report.
#381-19 WHEREAS, the City of Livonia believes quality roads are a
vital part of any community; and
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WHEREAS, the City of Livonia has a Citizens Advisory Committee on
Roads which identifies City streets most in need of repair in order to
prioritize repairs; and
WHEREAS, said Committee has also observed the deterioration of
County roads in Livonia; and
WHEREAS, said Committee has identified certain improvements in the
jurisdiction of the Wayne County Department of Public Service (WCDPS)
which are necessary to increase traffic safety and to encourage economic
development; and
WHEREAS, said improvements are, in order of priority:
1. Reconstruct Farmington Road from Plymouth Road to
Orangelawn, including widening the northbound lanes to allow for
a dedicated right-turn and through lane;
2. Concrete patching or resurfacing on Seven Mile Road from
Newburgh Road to I-275;
3. Resurface Farmington Road (Six Mile Road to Seven Mile Road);
4. Resurface the intersections at Westbound Schoolcraft at
Farmington, Westbound Schoolcraft at Middlebelt Road;
5. Resurface the intersection of Middlebelt Road and Five Mile Road;
6. Resurface the southeast corner at Farmington Road at Five Mile
Road; and
WHEREAS, the Citizens Advisory Roads Committee has advised that the
roads identified above are in critical need of repair;
NOW, THEREFORE, BE IT RESOLVED, that City Council hereby accepts
the report of the Citizens Advisory Roads Committee and directs the City
Clerk to deliver this resolution to Wayne County Executive Warren Evans,
Wayne County Department of Public Service Engineering and Roads
Division, and Wayne County Commissioners Diane Webb and Terry
Marecki.
#382-19 RESOLVED, that having considered the report and
recommendation of the City Engineer, dated October 21, 2019, submitted
pursuant to Council Resolution 365-16, which bears the signatures of the
Director of Public Works, the Director of Finance and the Chief Assistant
City Attorney, and is approved for submission by the Mayor, to which is
attached a proposed amendment to the Engineering contract between the
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City of Livonia and Anderson, Eckstein and Westrick, Inc., 51301
Schoenherr Road, Shelby Township, Michigan 48315 for the 2020
Concrete Road Repair Program (Contract 20-C), the Council does hereby
authorize the Mayor and City Clerk, for and on behalf of the City of Livonia,
to execute the attached contract amendment between the City of Livonia
and Anderson, Eckstein and Westrick, Inc., 51301 Schoenherr Road,
Shelby Township, Michigan 48315, to provide design engineering
services for the 2020 Concrete Road Repair Program (Contract 20-C) in
an amount not to exceed $189,200.00, said amount being based on the
preliminary cost estimates and subject to adjustment based on the actual
bids; FURTHER, the aforesaid proposal is accepted without competitive
bidding pursuant to Code of Ordinances Section 3.04.140.D.2.b;
FURTHER, the Council does hereby authorize an expenditure in an
amount not to exceed $189,200.00 from funds budgeted in Account No.
204-441-818-102 (Road, Sidewalk and Tree Fund) 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.
#383-19 RESOLVED, that having considered the report and
recommendation of the City Engineer, dated October 21, 2019, submitted
pursuant to Council Resolution 365-16, which bears the signatures of the
Director of Public Works, the Director of Finance and the Chief Assistant
City Attorney, and is approved for submission by the Mayor, to which is
attached a proposed amendment to the Engineering contract between the
City of Livonia and Anderson, Eckstein and Westrick, Inc., 51301
Schoenherr Road, Shelby Township, Michigan 48315 for the 2020
Concrete Road Maintenance/Selective Slab Program (Contract 20-J), the
Council does hereby authorize the Mayor and City Clerk, for and on behalf
of the City of Livonia, to execute the attached contract amendment
between Anderson, Eckstein and Westrick, Inc., 51301 Schoenherr Road,
Shelby Township, Michigan 48315, to provide design engineering
services for the 2020 Concrete Road Maintenance/Selective Slab
Program (Contract 20-J) in an amount not to exceed $39,750.00, said
amount being based on the preliminary cost estimates and subject to
adjustment based on the actual bids; FURTHER, the aforesaid proposal
is accepted without competitive bidding pursuant to Code of Ordinances
Section 3.04.140.D.2.b; FURTHER, the Council does hereby authorize an
expenditure in an amount not to exceed $39,750.00 from funds budgeted
in Account No. 204-441-818-102 (Road, Sidewalk and Tree Fund) 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.
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#384-19 RESOLVED, that having considered the report and
recommendation of the City Engineer, dated October 23, 2019, submitted
pursuant to Council Resolution 365-16, which bears the signatures of the
Director of Finance and the Chief Assistant City Attorney, is approved by
the Director of Public Works, and approved for submission by the Mayor,
to which is attached a proposed amendment to the Engineering contract
between the City of Livonia and OHM Advisors in connection with the 2020
Asphalt Road Program, the Council does hereby authorize the Mayor and
City Clerk, for and on behalf of the City of Livonia, to execute a contract
amendment between the City of Livonia and OHM Advisors, 34000
Plymouth Road, Livonia, Michigan 48150, to provide design engineering
services in connection with the 2020 Asphalt Road Program in an amount
not to exceed $161,250.00, said amount being based on the preliminary
cost estimates and subject to adjustment based on the actual bids;
FURTHER, the Council does hereby authorize an expenditure in an
amount not to exceed $161,250.00 from funds budgeted in Account No.
204-441-818-102 (Road, Sidewalk and Tree Fund) 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.
#385-19 RESOLVED, that having considered a communication from
the Department of Law, dated October 21, 2019, which bears the
signature of the Director of Finance and is approved for submission by the
Mayor, to which is attached a Proposed First Amendment to Lease
Agreement between the City of Livonia and American Tower Asset Sub,
LLC, a Delaware limited liability company, extending the current lease
expiring August 7, 2026, from August 8, 2026 forward to August 7, 2056,
or earlier termination, in addition to other terms set forth in Exhibit B to the
lease, the Council does hereby authorize the Mayor and City Clerk, for
and on behalf of the City of Livonia, to execute the attached proposed First
Amendment to Lease Agreement in the manner and form herein
submitted, as well as to do all 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: Jolly, Kritzman, Bahr, White, McIntyre, Meakin and Toy
NAYS: None
The President declared the resolutions adopted.
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President Toy, as Chair of the Committee of the Whole, reported out on the
meeting of October 9, 2019.
a. Petition 2019-06-06-01 submitted by the City Planning
Commission pursuant to Council Resolution 163-19 and Section
23.01(a) of Zoning Ordinance No. 543, as amended, proposing to
amend Subsection 2 of Section 2.10, (definition of “Bed and
Breakfast Establishment”) of Article II, to include residences
marketed and offered for rent online by platforms such as “Airbnb”,
“VRBO”, “HomeAway” or other similar websites. (CR 346-19 and
CR 30-19)
On a motion by Bahr, supported by Kritzman, it was:
RESOLVED, that having considered the report and
recommendation of the Committee of the Whole, dated October 9, 2019,
submitted pursuant to Council Resolution Nos. 346-19 and 30-19, and
further having considered a communication from the City Planning
Commission, dated August 28, 2019, which transmits its resolution #08-
75-2019, adopted on August 27, 2019, with regard to Petition 2019-06-
06-01, submitted by the City Planning Commission, pursuant to Council
Resolution 163-19 and Section 23.01(a) of Zoning Ordinance No. 543, as
amended, proposing to amend Subsection 2 of Section 2.10, (definition of
“Bed and Breakfast Establishment”) of Article II, to include residences
marketed and offered for rent online by platforms such as “Airbnb”,
“VRBO”, “HomeAway” or other similar websites, the Council does hereby
direct that this item be placed on the agenda for the next regular meeting
of December 2, 2019.
On a motion by McIntyre, supported by Meakin, the following substitute
motion was offered:
RESOLVED, that having considered the report and
recommendation of the Committee of the Whole, dated October 9, 2019,
submitted pursuant to Council Resolution Nos. 346-19 and 30-19, and
further having considered a communication from the City Planning
Commission, dated August 28, 2019, which transmits its resolution #08-
75-2019, adopted on August 27, 2019, with regard to Petition 2019-06-
06-01, submitted by the City Planning Commission, pursuant to Council
Resolution 163-19 and Section 23.01(a) of Zoning Ordinance No. 543, as
amended, proposing to amend Subsection 2 of Section 2.10, (definition of
“Bed and Breakfast Establishment”) of Article II, to include residences
marketed and offered for rent online by platforms such as “Airbnb”,
“VRBO”, “HomeAway” or other similar websites, the Council does hereby
determine that this item shall remain in the Committee of the Whole.
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A roll call vote was taken on the foregoing substitute resolution with the
following result:
AYES: Kritzman, McIntyre and Toy
NAYS: Jolly, Bahr, White and Meakin
The President declared the proposed resolution failed due to lack of support.
Following discussion by Council, a roll call vote was taken on the original
motion by Bahr, supported by Kritzman with the following result:
#386-19 RESOLVED, that having considered the report and
recommendation of the Committee of the Whole, dated October 9, 2019,
submitted pursuant to Council Resolution Nos. 346-19 and 30-19, and
further having considered a communication from the City Planning
Commission, dated August 28, 2019, which transmits its resolution #08-
75-2019, adopted on August 27, 2019, with regard to Petition 2019-06-
06-01, submitted by the City Planning Commission, pursuant to Council
Resolution 163-19 and Section 23.01(a) of Zoning Ordinance No. 543, as
amended, proposing to amend Subsection 2 of Section 2.10, (definition of
“Bed and Breakfast Establishment”) of Article II, to include residences
marketed and offered for rent online by platforms such as “Airbnb”,
“VRBO”, “HomeAway” or other similar websites, the Council does hereby
direct that this item be placed on the agenda for the next regular meeting
of December 2, 2019.
AYES: Jolly, Kritzman, Bahr, White
NAYS: McIntyre, Meakin and Toy
The President declared the resolution adopted.
b. Subject matter of private insurance for sewer lines and water lines
on private property. (CR 81-18)
This item will remain in Committee.
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Jolly took from the table, for second reading and adoption, the following
Ordinance:
AN ORDINANCE VACATING THE USE OF PORTIONS
OF STREET, ALLEY AND PUBLIC GROUND.
(Petition 2019-07-03-03)
A roll call vote was taken on the foregoing Ordinance with the following result:
AYES: Jolly, Kritzman, Bahr, White, McIntyre, Meakin, and Toy
NAYS: None
The President declared the foregoing Ordinance duly adopted, and would
become effective on publication.
President Toy passed the gavel at 7:20 p.m. to Vice President Jolly.
A communication from Judy Priebe, Director of Legislative Affairs, dated
November 12, 2019, re: alternate 2020 Council schedule, was received and
placed on file for the information of the Council.
On a motion by Toy, supported by Bahr, it was:
#387-19 RESOLVED, that having considered a communication from
City Council President Laura M. Toy, dated October 22, 2019, to which is
attached a proposed schedule of Council Study and Regular Meetings for
the period January 1, 2020 through December 31, 2020, the Council does
hereby approve the following dates for City Council meetings for 2020,
subject to change with notice:
Study Meetings Regular Meetings
JANUARY
Monday, January 6 (start time 8 pm) Wednesday, January 15
Wednesday, January 15 Monday, January 27
FEBRUARY
Monday, January 27 Monday, February 10
Monday, February 10 Monday, February 24
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MARCH
Monday, February 24 Wednesday, March 11
Wednesday, March 11 Monday, March 23
APRIL
Monday, March 23 Wednesday, April 15
Wednesday, April 15 Monday, April 27
MAY
Monday, April 27 Monday, May 11
Monday, May 11 Wednesday, May 27
JUNE
Monday, May 27 Monday, June 8
Monday, June 8 Monday, June 22
JULY
Monday, June 22 Monday, July 6
Monday, July 6 Monday, July 20
AUGUST
Monday, July 20 Wednesday, August 5
Wednesday, August 5 Monday, August 17
SEPTEMBER
Monday, August 17 Wednesday, September 9
Wednesday, September 9 Monday, September 21
OCTOBER
Monday, September 21 Monday, October 5
Monday, October 5 Monday, October 19
NOVEMBER
Monday, October 19 Wednesday, November 4
Wednesday, November 4 Monday, November 16
DECEMBER
Monday, November 16 Wednesday, December 2
Wednesday, December 2 Monday, December 14
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A roll call vote was taken on the foregoing resolution with the following
result:
AYES: Kritzman, Bahr, White, McIntyre, Toy and Jolly
NAYS: Meakin
The Vice President declared the resolution adopted.
There was no Audience Communication at the end of the meeting.
Councilmember McIntyre welcomed Troop 782 and acknowledged the great
work they do.
On a motion by Toy, supported by McIntyre, and unanimously adopted,
this 1,885th Regular Meeting of the Council of the City of Livonia was adjourned
at 7:25 p.m. on November 18, 2019.
_____________________
Susan M. Nash, City Clerk