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HomeMy WebLinkAbout2020-02-10 CITY OF LIVONIA – CITY COUNCIL MINUTES OF STUDY MEETING HELD FEBRUARY 10, 2020 Meeting was called to order at 9:03 p.m. by President Kathleen McIntyre. Present: Jim Jolly, Laura Toy, Scott Bahr, Cathy White, Brandon McCullough, Rob Donovic and Kathleen McIntyre. 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; Mike Slater, Director of Finance; Brandie Isaacson, Director of Housing, Ermon Simms, Director of Community Development Block Grant Program; Dave Heavener, Fire Chief; Ted Davis, Superintendent of Parks and Recreation; Doug Moore, Assistant Director of Public Service; and Dave Varga, Director of Administrative Services. 1. REQUEST TO WAIVE THE CITY’S NOISE ORDINANCE: Davide Piccirilli, re: for a graduation party with music on Friday, June 19, 2020, to end at midnight. Davide Piccirilli, 18891 Aspen Drive, presented this request to Council. Vice President Bahr asked if Piccirilli had spoken to his neighbors about the event and he replied they are all going to be invited and he is sure there will be no complaints or any concerns at this time. Vice President Bahr offered an approving resolution for the Consent Agenda. DIRECTION: APPROVING CONSENT 2. REQUEST TO WAIVE THE SIDEWALK REQUIREMENT: Raymond Hurley, re: for the newly constructed home located at 29550 Wentworth Street. As the Petitioner was not present, Vice President Bahr stated that this house is located in a neighborhood that it absolutely makes sense to waive the sidewalk requirement and he offered an approving resolution for the Consent Agenda. Councilmember Toy asked that it be placed on the Regular Agenda and allow the Petitioner to come before Council. DIRECTION: APPROVING REGULAR 3. REQUEST TO EXTEND WAIVER USE APPROVAL TO NEW OWNER: Renis Nushaj, Esq., Goetz Nushaj, P.L.L.C., for Jennifer Hsien Lee of T’s Wellness, re: Petition 2009-11-02-16 submitted by Tomii Chinese Accupressure, to operate a massage establishment on property located on the north side of Seven Mile Road, 2 between Farmington Road and Norwich Road (33600 Seven Mile Road), in the Southeast 1/4 of Section 4. (CR 243-17 and CR 53-10) Jennifer Lee, Petitioner, and Vincent Lee, came to the podium to present this request to Council. Vincent stated that Ms. Lee currently owns a massage therapy establishment in Farmington Hills which she has operated for three years without any problems from the police, from neighbors, or anyone else. She has cameras that watch all her activities and she is a law abiding citizen and she would like to open another establishment, previously opened before and that was closed and it was closed for unknown reasons. He stated the police closed the place for various activities and that she doesn’t have any history with that establishment. She knows that this establishment is available to buy and she is willing to set up at that location in Livonia. President McIntyre confirmed that this is a request for transfer of waiver use. She then asked Ms. Lee if she formerly worked at a massage therapy center in Livonia and that when she was working there it was closed by the police and she replied that she never worked there. President McIntyre confirmed that she had no affiliation with the establishment when it was closed by the police. President McIntyre stated that the City has no role in licensing massage therapists but that she knows that State law makes some exceptions if you only offer acupressure and reflexology and asked the Petitioner if she or any therapist employed by her will have full massage license certification from the State and Ms. Lee replied that she does. Councilmember Toy asked where the location was and then asked the Petitioner for some background information and Vincent replied that Ms. Lee has had her own business in Farmington Hills for three years at T-Wellness and she worked before that for two years doing massage therapy. Toy then asked if she had ever owned a business and Vincent replied that she has owned T-Wellness for three years in Farmington Hills with no problems whatsoever. Councilmember Toy stated that she had paused for a minute on this item as the location that they are requesting to occupy had a major problem there and asked if the Petitioner is familiar with human trafficking and Vincent replied yes. She went on to state that businesses such as massage places are well known for that kind of activity so they want to be particularly careful and they want good people like themselves to come into the community and have good practices. Vincent replied he understands that and that he himself was born in the United States, he’s a licensed architect, a licensed builder, he was a safety manager for a landscaping company. Councilmember Donovic clarified that the Petitioner owns an establishment in Farmington Hills and they are coming to Livonia to open a second location and this second location was a previous massage therapist location and the Petitioner replied yes. He then asked if they are planning on implementing any updates to the building, anything different, and Taormina replied he is not aware of any changes to the business itself. 3 Councilmember McCullough offered an approving resolution for the Consent Agenda and Toy stated it should on the Regular Agenda. Councilmember Jolly asked if the Petitioner would continue operating their Farmington Hills location and Vincent replied they are maintaining their operation in Farmington Hills. Jolly then asked where they anticipate being on site, in Livonia or Farmington Hills and Vincent replied at both locations at different times. Jolly then stated he wants to know if the Petitioner will be on site operating/managing the business in Livonia or will there be another employee. Vincent replied that she has people at the Farmington Hills location already and that she will primarily make sure that everything is going fine in Livonia and then she will have someone operating that when she is not there, so she will move from one place to another. Ms. Lee replied that the two places are very close, and that they will focusing on Livonia as their Farmington Hills location is well established. Vincent stated that one of the problems with massage therapy places is that you sit and you wait and you wait for customers to show up, it’s total boredom. You have to have someone there. Councilmember Jolly stated he probably does not need to reiterate this but the industry that the Petitioner finds herself in has had some bad actors, so Council as good stewards of their community have to look at these types of situations with a very close eye. They are not intending to ask difficult questions, they’re just trying to look out for the community’s best interest and given the site’s history, different operators, there were things to be read that Council does not want to see repeated. DIRECTION: APPROVING REGULAR 4. APPOINTMENT OF PATRICK G. MIES, PH.D. TO THE PLYMOUTH ROAD DEVELOPMENT AUTHORITY: Office of the Mayor, re: for a four-year term, which will expire on May 16, 2024. Dave Varga, Director of Administrative Services, presented this request to Council on behalf of Mayor Brosnan. He stated they are pleased to offer the appointment for four years to the PRDA of Dr. Patrick Mies. He is a Livonia resident, a principal of the Western Wayne SKLD Center, former Special Ed teacher, has a doctorate in Educational Leadership and numerous other degrees and he is here tonight should you have any questions of him. Councilmember Toy asked Dr. Mies if he is part of the Mies family and he replied in the affirmative. She then offered an approving resolution for the Consent Agenda. Councilmember Donovic stated he is looking forward to having Dr. Mies on the PRDA and hopefully working with him as he lives along Plymouth Road off of the 4 Plymouth and Inkster area, so he’s looking forward to his input on new ideas for the area. President McIntyre thanked Dr. Mies for coming to the meeting and that it was a pleasure connecting with him and working with him on the Inauguration and they were delighted to have to have a number of his outstanding Western Wayne SKLD Center students helping at the Inauguration and is looking forward to continuing to look for other opportunities to engage his citizens in activities at City Hall and that the PRDA will provide him with a new set of experiences and she congratulated him on his appointment. DIRECTION: APPROVING CONSENT 5. APPOINTMENT OF KATHARINE SHISHKOVSKY TO THE LIVONIA BOARD OF REVIEW: Office of the Mayor, re: for a three-year term, which will expire on February 16, 2023. Dave Varga, Director of Administrative Services, presented this request to Council on behalf of Mayor Brosnan. He stated that his office is proud to have the opportunity to appoint Katharine Shishkovsky to a three-year term on the Board of Review. She is a product of Livonia Public Schools, graduated from Franklin High School and has lived in Livonia most of her life, has earned a B.A. in English from Wayne State University working as a legal secretary and a J.D. from the University of Detroit where she was Executive Editor of the Law Review and practiced nearly thirty years in law and then became an R.N. She is active in numerous volunteer organizations and she is here to answer any questions Council may have. Councilmember McCullough stated he’s had the pleasure to know Ms. Shishkovsky for the last couple of years and her integrity and her educational background and what she has done for the community on top of her professional career is more than something that we’d want to be on one of our committees. He then offered an approving resolution for the Consent Agenda. Vice President Bahr asked that it be placed on the Regular. He then stated that he really enjoyed reading Ms. Shishkovsky’s bio, he was unaware of so much of her background and it is impressive. He then asked what her particular interest is in the Board of Review. Shishkovsky replied that in her practice of law and then doing some work for the Selective Service, it’s critical thinking matters. You have a set of facts; you have a set of guidelines and you look at a situation and you try to look at that and do that and she feels she has the mindset where she can do that kind of thing. She stated she’s never filed for any type of tax relief so it will be kind of new, but it’s a challenge and it’s something as she understands it will be with residential properties in the City and something she thinks she would enjoy. Again, her background, it’s not something that’s an unfamiliar type of process and she fully 5 understands the rights of homeowners but also the needs of the City in looking at things and determining whether or not someone’s tax assessment is fair. Vice President Bahr then said he had another question and it may sound sensitive and he doesn’t mean it to, but there’s probably no way to ask it, obviously you’re very active and involved as the President of the Livonia Democratic Club and you were very active in this past year, and was wondering if you see that as an issue, obviously everybody has political affiliations, and to be so active in a partisan position and yet sit on a nonpartisan board; do you see any issue with that? Shishkovsky replied no, that she practiced law for almost thirty years, when you have that client, that obligation, that is your client, that is what you do and you put aside other things. I mean I’ve had plenty of clients with other types of political considerations but you deal on what their issues are, what their concerns are and you represent them to the best of your ability and that is this kind of a function to me. Councilmember Jolly stated that he has known Ms. Shishkovsky for approximately four to five years and he has found her to be a straightforward, capable person, and has no doubt that she will impartially perform the duties of the Board of Review. And I hesitate to say this and I hate to say this, the City Government is nonpartisan, and we have not had this litmus test for other people appointed to City commissions and boards where it’s been brought up. President McIntyre asked Councilmember Jolly to clarify what he meant by litmus test. Jolly replied by questioning her political activity outside of the scope of the appointment at hand, for the record. Shishkovsky stated that her purpose in accepting this appointment will be to serve the people of Livonia and that’s her primary goal. The primary goal with everything she does or otherwise is to make Livonia better, is to raise everybody up, and that’s what her aim is here. Councilmember McCullough stated that Council has a bio on Ms. Shishkovsky and outside of any other issues that Council brings up, the appointment to the Board of Review matching the bio of her education and experience, clearly in his opinion, demonstrates someone that would be an asset to the Board of Review and he wants to go on record to state this his decision will be based purely on the bio that’s at hand and he thanked Shishkovsky for stepping up and wanting to do something more for the community. Councilmember Donovic stated that he thinks that Vice President Bahr’s question was warranted. As a member of this Board he spent the better part of an entire year being slandered by the organization led by her. You are the president of an 6 organization and that’s nothing against you or anything about anybody else, but he thinks it is a good question. When you voluntarily put yourself in that position, you are now also asking to be put in another position and you have to impartially serve in that position, so he thinks it was a good question and he is struggling with this vote himself because of his past experiences and other people on this board and their past experiences. Shishkovsky stated she is here to serve the people of Livonia. This is a nonpartisan job, there is no political affiliation. Last year she organized and Opioid forum at Stevenson High School where there were more than 100 people there and she believes that several people here were also there, it was not partisan in the least, not in the least. It was there to help the people of Livonia, help the surrounding communities with a very dangerous problem. I think all of us have times when we might be a little more partisan than others, but in serving the City of Livonia in this capacity, this is a nonpartisan thing and I’m here to serve. Vice President Bahr stated there’s no political litmus test here, the difference, my concern, and I’m struggling with it because first of all I will echo what Councilman McCullough said about your qualifications as they’re put on here, I don’t think we question those from a qualification standpoint at all, so I agree with that. The difference here to me is not political affiliation it’s being in an active partisan role, frankly the President of a very partisan organization, that’s the difference. It’s not a matter of the integrity at all. It’s not a matter of your qualifications, it’s not a matter of political affiliation, it’s a matter position is what I struggle with. So I just wanted to clarify that, I know it’s a sensitive topic, but I wanted to be abundantly clear about that. President McIntyre stated the reason she asked Councilmember Jolly for clarification, is that she has always taken the nonpartisan charge of her job on City Council extremely seriously. She appointed someone who is not a member, the only appointment she’s ever had she appointed someone who is not a member of her political party, who is a very active member of your party, to a seat on the Zoning Board. When Mr. Jolly came in fifth four years ago, I took a leadership role in advocating for his appointment, certainly knowing that he was not a member of my political party. And then when he ran again two years ago, I took a very, very active role in supporting and advocating for his campaign. So I understand very much the nonpartisan, and take it very, very seriously. You are very clearly an extremely well-educated and highly qualified member for the Board of Review. You know your work on the Opioid is to be commended, certainly as you pointed out, that is nonpartisan. And I also take very seriously and respect the Mayor’s prerogative to appoint citizens of her choosing to commissions in the City. And I’m very comfortable supporting qualified applicants even if we have differences in political philosophies. I realize I wasn’t a member of Council at the time but a number of years ago a previous member wished to appoint our current Mayor to I believe the Planning Commission and she was very clearly qualified for that role but a majority of Council members who I think didn’t agree with her political 7 affiliation, denied her that appointment. My concern is not that we have different political views, but it goes to what my colleague Vice President Bahr and Councilmember Donovic mentioned. It’s not our difference in political views, but you do serve as the president of a 100% partisan organization. And in the last campaign not only did you guys advocate solely for members of your own party, you put forward a lot of claims that suggested you take a very dim view of people who are not part of your party. And as you know as well as anyone, because of your background, your understanding, your desire to serve, on the Board of Review it’s absolutely imperative that all political and partisan issues be put aside, of course, but you know again it comes back to your leadership role and making it very clear that you and your organization not only think highly of your own candidates but you take a dim view and made some very serious accusations, if you will, about members who don’t share your political belief. So, with that said, I do respect the Mayor’s prerogative to appoint very qualified and capable members to committees. Councilmember McCullough stated he’s been on Council now for a little over a month, and he’s kind of blown away by what we’re talking about here, just being honest. We should be, in my opinion, basing anybody that’s going up for any kind of Board of Review, based on their bio and not whether they have a partisan affiliation. What Miss Kate does on her time, that’s her time, and of course political seas can be very tempered, I’ve learned that firsthand, but again, this Council are the leaders of Livonia and we need to be making decisions based on a bio, history, education, experience, and whether or not that person can fulfill the duties. And that’s how I’ll be casting my vote. And I know it’s going to go on the Regular and I would like to just put it on the record that we all should make that decision and their vote count based on that. Councilmember White stated she’s known Ms. Shishkovsky for a number of years, she also, before she became a Councilmember, served on the Board of Review, so she’s very familiar with the tasks that she will be undertaking. And she knows, because she’s a lawyer herself, that advantage it is to have a legal background and serve on the Board of Review. And I think she would admirably serve in that capacity and I believe that she could set aside any politicalize to serve the City of Livonia and working with citizens of the City of Livonia appropriately. President McIntyre stated that she appreciated Councilmember McCullough’s comments, and in listening to this she is speaking for herself and not her colleagues, she’s raising some questions not about political philosophy, but about actions and statements. So suggesting that mine are motivated and again, I just would like to reiterate that my record of being nonpartisan on Council speaks for itself. Councilmember McCullough replied that he is not questioning, all he’s asking for is that Council base the decision on the task at hand. 8 Councilmember Toy stated that she is not sure she wants to get involved in this conversation but in all seriousness it was not a pleasant campaign, let’s face it, but you don’t enter campaigns to be always pleasant. God knows she’s run in enough of them and they can get pretty brutal. The thing she was most shocked with, quite frankly, from that side of the aisle, was the partisanism shown in that election and she’s always tried to be a very fair person across the board, while she operates in the Republican Party, she doesn’t wear it on her sleeve and she tries to be fair as she approaches things. So, she would only hope as we move forward in our community and as this Mayor and her appointees or her department heads move forward, that we can look at people as people and not political affiliations, not brown or blue yes, and base it on those kinds of things rather than what party we all come from and our belief system, I think we’ve seen that in our country right now, whether you agree with the President or not the President, or your State rep or anybody else, I think we are Americans and we’ve got to become united in what we do for our country because it’s so important. And I don’t mean to sound so corny here, but in all honesty being a student of political science, I think it’s very, very important and I think there’s still some deep wounds that I think you’re hearing tonight, Kate, from some of my colleagues and I empathize with some of that because obviously I was in that election last year, too, and it can be very hurtful for folks in this business, including both sides of the aisle, and a whole different kind of venue up in Lansing where partisanism is very strong and alive. But I’ve got to tell you I was very shocked we got so partisan in the last election, I really am, and I’m hoping that as we move forward that doesn’t happen ever, ever again, I really do. Shishkovsky replied that what she would say as a nurse taking care of lots of different kinds of people, politics is completely aside, and you concentrate on what the issue is at hand and making things better for that person, and that’s where I’m coming from. President McIntyre thanked Shishkovsky for being at the meeting tonight and answering Council’s questions in such a professional and candid manner, it’s greatly appreciated. DIRECTION: APPROVING REGULAR 6. REQUEST FOR INFORMAL APPROVAL OF PROPOSED PROGRAM AND TENTATIVE BUDGET FOR THE 2020-2021 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM: Livonia Housing Commission, re: so that a second public hearing can be held on this matter, after which time a final program and budget will be forwarded to Council for formal adoption. Brandie Isaacson, Director of Housing, presented this request to Council and introduced Ermon Simms, Director of Community Development Block Grant Program, who Isaacson stated will be attending some of the City Council meetings in the future so she thought this would be a good opportunity for her to experience 9 how we go through the approval process. She went on to state they are before Council to ask for approval for preliminary budge for their 2020/2021 Community Development Block Grant. The proposed budget should be in Council’s packets with the expenditures, so pretty much everything has stayed the same as the present year, with the exception of the acquisition of tax reverted properties and to purchase a lot this upcoming year to be used with the Livonia Public Schools Skilled Trades Program to possibly do a new build. So in the past we’ve always purchased properties that were in poor condition, we have demo’d, sold the lot or allowed the school to rehab it. Tim Martin from the Livonia Public Schools is interested in doing a new build so that is what we’re proposing, that’s where we’re putting our finding in. So everything else is pretty much the same. President McIntyre clarified that Ms. Isaacson is asking for informal approval and she responded yes, right now Congress has approved the budget but they don’t know what their final figure is, they won’t get that until April. But because they have to go through the Public Hearing process and a thirty-day comment period, we have to start the process a few months in advance. So we’ll be coming back to you in April for formal approval. Councilmember Toy thanked Isaacson for all she does at Housing, she’s got a big job, those can be some crazy places for lack of a better way to put it, you’re a brave soul. She then offered an informal approving for the Consent Agenda. Councilmember Donovic asked about the house she mentioned with Livonia Public Schools, those houses, those properties, those are for the Career Center, that’s the construction program and Isaacson replied in the affirmative. He then stated a friend of his is very involved with that and they do amazing work, he’s some of those homes, he thinks our Congresswoman visited on the homes this year in Livonia and it was all over social media and it got a ton of traction and it’s awesome to see the young people, millennials or what not, getting involved in the trade and seeing how much money you can make in a skilled trade. It’s a dying breed and it’s very important that the City of Livonia and LPs take a strong role in showing young people that you can have an amazing career and take care and provide for your family and he thinks this program really helps ensure that. He then thanked Isaacson for all they do. Councilmember Toy then stated she got a phone call from somebody the other day, they’re looking for somebody that needs a permanent ramp for disability and asked Isaacson to put out the word, call the Council office, it’s permanent disability. Isaacson stated that is the minor home repair program, that offers grants up to $5,000 and as long as they’re low income, they would qualify for that grant. Councilmember Toy stated they’re looking for somebody to build the ramp for them, it’s the Rotary Club and that, too. 10 Ermon Simms replied that Linda McCann had sent her an email last week about that issue and to contact her. President McIntyre then stated that they look forward to working with Ms. Simms and commended Ms. Isaacson on the excellent job she does and in keeping in touch with people. DIRECTION: APPROVING CONSENT 7. REQUEST FOR INCREASE IN RATE CHANGES IN GREEN FEES FOR 2020: Department of Parks and Recreation: re: for all City golf courses, effective for the 2020 golf season. Ted Davis, Superintendent of Parks and Recreation, presented this request to Council. He stated he is asking for rate increases for the golf courses, they did a competitive market analysis and Livonia was near the bottom in the areas outlined in his request, weekend resident 18-holes, seniors 9 and 18-holes, at all three of their golf courses, nonresident weekend 18-holes at Fox and Whispering Willows, and senior nonresident rates at Fox and Whispering Willows. They tried to be very specific and you can see from the attachments that were provided, their year end balances, this is an Enterprise Fund so the fees have to cover expenses for this and every year the expenses are going up. As we know, minimum wage keeps going up, the cost of a loaf of bread keeps going up and they have to raise fees to meet those costs. They’re also asking to adjust their 409 which is their Capital Improvement Account contributions. As you can see from 2015 they had a balance of $474,000.00, to in 2019 they had an ending balance of $176,000.00, so they need to increase their contributions to that Capital Improvement Account as well. So, two-fold, asking for small rate increases, very specific ones, and they’re asking for the contributions to be adjusted which will increase overall their yearly contributions in their Capital Improvement Account. Councilmember McCullough asked for the 409 account they came up with the number, why not go for $2.00 and $2.50 based on 9 or 18; would that help them more? Davis replied they were looking at one, to simplify the contributions, before they ranged all over the place from $1.00 to $2.50. We want to simplify it down and then simply they do need some additional operating funds as well, so we didn’t want to put the whole thing into Capital. Again, you can see the total amount they’re raising per year is $34,000.00, it’s not a great deal of money. It would be very simple and easier for them to simply raise fees across the board every single category, $1.00 or $2.00 and raise more revenue. Again, they look at these through the eyes of residents in doing what we think the market will bear. McCullough stated he thinks that the fixed rate definitely helps them, and with the explanation he would be happy to offer an approving resolution for Consent. 11 Councilmember Toy requested it be put on the Regular Agenda. DIRECTION: APPROVING REGULAR 8. REQUEST TO APPROVE FINAL BUDGET ADJUSTMENTS FOR THE FISCAL YEAR ENDING NOVEMBER 30, 2019: Department of Finance, re: same. Mike Slater, Director of Finance, presented this request to Council. He stated as they do each year, they’re coming for their final budget adjustments for their fiscal year end, this year being November 30, 2019. And the adjustments we’re requesting takes available budget from departments that have excess, being utilities, inspection and information systems, and transferring that to departments that exceeded their budget; those departments were the Mayor’s department, elections, employee termination and workers’ compensation. Vice President Bahr stated the one really large item on here as far as costs overrun was the employee termination pay; can you explain what the source of that is? Slater replied the employee termination pay is the pay out of accrued sick and vacation when people retire. There is no scientific way to estimate that, we don’t know necessarily who is retiring within a year. Long term employees that built up larger accrual balances obviously there’s larger payouts for those. If we have more people retire, it’s larger. So we set the budget based upon an estimate of averages for prior years but this year we had more people retire, so the amount was higher. Vice President Bahr asked if the amount is totally abnormal and Slater replied it’s the largest year the City has ever had as far as he recalls. Vice President Bahr then asked about the Election Commission running over budget and asked what those numbers are associated with. Slater replied it’s contractual costs which includes election workers, the companies that support the elections, there’s a lot of things that go into that contractual line item and that’s the line item that was over budget. He then offered an approving resolution for the Consent Agenda. DIRECTION: APPROVING CONSENT 9. REQUEST TO ACCEPT QUOTATION FOR LIFE INSURANCE AND ACCIDENTAL DEATH AND DISMEMBERMENT INSURANCE: Department of Finance, re: from One America for the period of March 1, 2020 to February 28, 2023. Mike Slater, Director of Finance, presented this request to Council. He stated they solicited quotes for Life and AD & D insurance coverage with the help of Marsha McLennan, the City’s insurance agent. Nine quotes were received. The low quote 12 was from One America and they are requesting that City Council approve the quote from One America to provide coverage as you’ve indicated for a three-year period from March 1, 2020 to February 28, 2023. Councilmember White offered an approving resolution for the Consent Agenda. President McIntyre clarified that Marsha McClennan, the City’s insurance agent, really acts as a broker, if you will, helping solicit quotes and Slater replied they contact the companies on the City’s behalf and rely on their expertise and judgment in comparing the quotes. McIntyre asked how we select Marsha McClennan and do we have some ongoing contract with them which also comes up for renewal. Slater replied no, we don’t. They’ve been with the City 25-plus years, so they’ve been a long time provider of services to the City. Their costs are paid through the insurance company in these rates, there’s no additional costs. McIntyre confirmed then it doesn’t need to go out for bid and Slater replied in the affirmative. DIRECTION: APPROVING CONSENT 10. REQUEST FOR AUTHORIZATION TO PURCHASE (4) 2020 FORD F150 RESPONDER SUPERCREW 4X4 PICK-UP TRUCKS THROUGH THE STATE OF MICHIGAN AND MACOMB COUNTY BID PROCESS: Livonia Fire & Rescue, re: to replace current vehicles and add versatility and safety to the fleet, from budgeted funds. Dave Heavener, Fire Chief, presented this request to Council. He stated he is requesting an approving resolution to purchase four utility pick-up trucks. The trucks will be purchased through the Cooperative Purchasing Consortium, the Michigan State Bid Process, through budgeted funds. These vehicles will be replacing four currently used vehicles with an average age of just under 15-years old. These vehicles will enhance versatility to Department operations and increase overall safety to support staff while working on emergency status. Councilmember Donovic asked the Chief to identify what these pick-ups do, what is their day to day operational usage. Chief Heavener replied that the vehicles that the Department uses that are not typical ambulance or fire engine type of response vehicle are used by Administrative and support staff who also respond to a myriad of different type of emergency responses. So we service safety officers, resources for our emergency crews that work on a 24-hour basis and they do that on a 9:00 to 5:00, pretty much 24/7 basis as needed to support our crews that are working daily. Donovic then stated that these vehicles work very hard to serve the City and the Chief replied they will, yes. 13 Councilmember Donovic then offered an approving resolution for the Consent Agenda. DIRECTION: APPROVING CONSENT 11. REQUEST FOR AUTHORIZATION TO PURCHASE ONE (1) 2020 LIFE LINE TYPE 1 SUPERLINER AMBULANCE UTILIZING THE HOUSTON-GALVESTON AREA COUNCIL (HGAC) COOPERATIVE CONSORTIUM: Livonia Fire & Rescue, re: to replace the current frontline Squad 3, from budgeted funds. Dave Heavener, Fire Chief, presented this request to Council. He stated he is requesting an approving resolution to purchase the Front Line Ambulance that will be purchased through the Houston-Galveston Cooperative Bid Process. Again, that helps the City make sure that we are getting the best pricing available to the community. This ambulance is currently scheduled to be housed at Station 3 and will be used on a daily basis to provide the highest level of emergency care here in the City of Livonia. The old ambulance will be moved to a reserve squad status, while the 2006 Freightliner Ambulance, which is about 14-years old currently, will be either traded or sold consistent with the City approved disposal options, again, whatever is going to return the most money back to the City, we’ll use that option. Councilmember Toy offered an approving resolution for the Consent Agenda. Vice President Bahr asked the Chief about the $3,500 trade-in value and asked if that is typically the route they go or do they find they get more money for a private party sale? Chief Heavener replied a combination of three different avenues have been used in the past; auction, which we have seen the lowest return value. The last vehicle that we purchased ambulance-wise, we did receive significantly more than the $3,500, it’s kind of whatever the market will bear at the given time. The $3,500 that’s the line item, has been the offer that’s been provided by the company that we’re planning to purchase the vehicle from, so we do want to look at some private party options and if we can find a better option out there, we’ll clearly take advantage of it. Councilmember Donovic asked Chief Heavener about the vehicles that they auction off or sell or what not, they’re usually marked Livonia Police, Fire, etc., etc.; are those markings taken off the vehicles before they leave our possession, how does that normally work? Chief Heavener replied they do remove those, yes. DIRECTION: APPROVING CONSENT 14 12. REQUEST FOR AUTHORIZATION TO PURCHASE ONE (1) POWER LOAD COT FASTENING SYSTEM FROM SOLE SOURCE PROVIDER: Livonia Fire & Rescue, re: to add to the department’s existing fleet of compatible Stryker ambulance cots, from budgeted funds. Dave Heavener, Fire Chief, presented this request to Council. He stated he is requesting an approving resolution to purchase a power load cot fastening system from Stryker Medical, which is a sole source vendor for this product, through budgeted funds. The power load system will be installed in the new ambulance and will standardize all of their front line ambulances with this device. The power load system is a device that is mounted in the floor of the ambulance, which the patient’s stretcher then attaches to. It is designed to assist firefighters load and unload the stretcher from the vehicle, thus reducing preventable injuries, while increasing patient safety and security during transport. Councilmember McCullough stated he watched the video on this mechanism and it was amazing. He said he read that we also have these in the other vehicles as well, four other Stryker units. Chief Heavener replied that with the purchase of this unit, they will have it in six of their frontline units and two of their reserve units. Councilmember McCullough stated it is very cool to have this innovation and technology and he then offered an approving resolution for the Consent Agenda. President McIntyre congratulated and thanked the members of the Fire Department and all the other folks involved in the CPR/ADD and stop the bleed training for City employees and stated it was outstanding and encouraged others to see the Lucas device in process. Chief Heavener stated that the Lucas device definitely assists our First Responders in providing the best patient care that somebody here in the City can get. DIRECTION: APPROVING CONSENT 13. AWARD OF CONTRACT: Public Service Division, re: for repairs to the fresh intake room at the Bennett Library, from budgeted funds. (CR 269-18) Doug Moore, Assistant Director of Public Works, presented this request to Council. He stated this project was advertised in the Observer and on the MITN website, the bid opening occurred November 12, 2019. Three companies supplied work proposals to OHM which were reviewed by Public Service staff. The proposed work will address mechanical and structural issues, new water proofing, new concrete sidewalks, landscape, irrigation that will be designed to less impacts of water infiltration. The project scope was forced to change substantially because 15 of more extreme deterioration than originally known when the estimate budget was done for the work. The extra issues were discussed in the scope of work that was released by OHM Advisors as a result of their consultant services on the project. The Department is asking Council for two items: Approve a contract amendment with OHM Advisors for a not to exceed amount of $24,000 for consultant services on the project and to award a not to exceed contract with North American Construction out of St. Clair Shores in a not to exceed amount of $367,500 to perform all the work necessary on the project. Councilmember Jolly stated obviously this is not the money that we would like to be spending on the library and Moore answered that’s correct. Jolly then asked if this is going to largely if not totally correct the situation in the basement, what I think is referred to as the dungeon? Unfortunately I think this is really a health and safety issue and we have done remediation efforts in regard to trying to stem the flow of the water damage in the past have we not and Moore replied yes. Jolly then asked if this will be the one when done fixes it for good, what is your level of confidence? Because we are talking about so much money here, and because as I understand the issue, we really couldn’t be looking at a more dangerous situation in the basement and Moore agreed, that you have to make sure personnel don’t go in certain parts of the basement, so you’re confident? Moore replied he is confident that this is a long term solution, the building is thirty, forty years old, and he’s hoping that this is a 30-year fix, 40-year fix. Councilmember Jolly then offered an approving resolution for the Consent Agenda. President McIntyre commented that when we talk about some of the Master Plan work and the idea of a new Civic Center, and sometimes we’ll mention a new library, and people who aren’t familiar, and that was certainly her before she started becoming involved with the City, they think we do, and it’s a beautiful library and it’s an amazing library, right. But it’s not always apparent to people on the outside, and again, if I understand the question that was asked and your answer, this is $400,000, not an enhancement, not regular preventive maintenance, not an upgrade, this is a fix to a building that’s been there and I guess it serves us well, we have our Library Director here tonight, her staff does a wonderful job, the City does a wonderful job maintaining it, but $400,000, she just wanted to clarify that and share that with people who are here tonight and watching at home. DIRECTION: APPROVING CONSENT 14. AWARD OF CONTRACT: Public Service Division, re: for the 2020 Street Tree Planting Program, from budgeted funds. Doug Moore, Assistant Director of Public Service, presented this request to Council. He stated this program was advertised in the Observer and on the MITN website. There was a mandatory pre-bid meeting on December 19, 2019, five 16 th contractors were there. We opened bids on January 14, 2020 and received four bids. We are planting approximately 440 trees made up of thirty different species from the City’s approved species list. Greg Davis Landscape Services out of Grosse Pointe was the low bidder. Following internal discussion amongst Public Service staff, the Department is recommending that City Council approve Crimboli Nursery, the second low bidder, at 5145 Ford Road in Canton, in the amount of $113,960.00. The Department is making this request for a multitude of reasons related to the performance, quality of trees, increased costs in previous contracts, and failing relationship between the contractor and Public Service staff. Councilmember Toy offered an approving resolution for the Consent Agenda. Councilmember Jolly stated he appreciated the brief answer and he’s not going to push him about it here, he can’t recall and his computer is not loading, but are those details in Council’s packets. Moore replied there’s an $8,000 difference between the two bids. Jolly asked if the choice of going with the second bidder is detailed in the packets and Moore replied yes. Councilmember McCullough commended Moore and the Public Service Department for their decision making process in choosing the award of this bid and not just defaulting to the low bidder, showing fiscal responsibility and looking out for the best interests of the City. DIRECTION: APPROVING CONSENT 15. AWARD OF CONTRACT: Public Service Division, re: for the 2020 and 2021 Tree and Stump Removal Program, from budgeted funds. Doug Moore, Assistant Director of Public Service, presented this request to Council. He stated this program was advertised in the Observer and on the MITN th website. A mandatory pre-bid meeting was also held on December 19, 2019, eight contractors attended. The bids were opened on January 14, 2020, having received two bids. J-Mac Tree and Debris was the low bidder. Their references were checked and all appeared to be in order, all references spoke highly of their equipment, performance, professionalism and ability to quickly complete jobs. We are inspecting their site this Friday. They are a current contractor for the City of Detroit, so we feel that they have the needed equipment. This is a two-year program with 560 trees on each year of the removal list and they are asking Council to approve the two-year total in the amount of $552,436.70, from budgeted funds. Councilmember White offered an approving resolution for the Consent Agenda. Councilmember McCullough stated in looking at the bids, J-Mac came in at a little over a half million dollars, Davey came in at a little over two million, so there’s 17 definitely a gap between there. He asked Moore if he knows in years past what the City has usually spent on the Tree and Stump Services. Moore replied the 2018/2019 program was approximately $359,000, and there was an increase to this program. DIRECTION: APPROVING CONSENT 16. AWARD OF CONTRACT: Public Service Division, re: for the 2020-2023 Municipal Park Mowing Program, which involves approximately 136 acres of parks, cemetery and fire station property, from funds budgeted for this purpose. Doug Moore, Assistant Director of Public Service, presented this request to Council. He stated this item was advertised, there was a mandatory pre-bid th meeting, the bid opening was held on January 28, 2020, four bids were received. The low bid contractor was Urban Landscape in the amount of $125,875.64 for the four-year total. This represents an approximately $1,800 increase over the last cycle. The current contractor, the office manager and the production manager are going to work for this new company so we are fairly confident with the new contractor that we will not see a change in service. These are our nonrecreational parks. Councilmember Donovic asked if this program is not to be confused with the program when individuals, residential and commercial don’t cut their lawns and he said it is not that program. Donovic then offered an approving resolution for the Consent Agenda. DIRECTION: APPROVING CONSENT 17. AWARD OF BID: Public Service Division, re: for Phase II of the replacement and installation of a new irrigation system at designated areas within the Civic Center Complex, from budgeted funds. (CR 8-19) Doug Moore, Assistant Director of Public Service, presented this request to Council. He stated this project was advertised in the Observer and on MITN. There was a pre-bid meeting held on January 16, 2020. The bid opening was held on January 29, 2020, three bids were received. Tech Seven Company out of Shelby Township was the low bidder of the three companies. Tech Seven is also the current contractor that takes care of the Plymouth Road Development irrigation system. The work will entail replacement of a system at LPD, replacement of the north lawn of City Hall and the possibility of irrigation around the artwork at the south lawn. The listed items are coming from budgeted funds and all of these systems are original to the building’s construction. They are asking Council to approve a contract with Tech Seven in the amount of $82,525.00. Councilmember Toy offered an approving resolution for the Consent Agenda. 18 Vice President Bahr stated that there is a line in materials in the packet that said the new system is state of art and will save the City considerably in water costs as compared to the old system; do you know on an annual basis how much it will save in costs? Moore replied he doesn’t have a figure, a lot of it is going to depend on rainfall. It will have a rain sensor so it will hopefully not be running in the middle of a thunderstorm or if we get one of those pop-up thunderstorms where we get an inch in 15 minutes, the system should know that it’s not supposed to run. President McIntyre asked if the south lawn of the PD, will that be where the perimeter fence will be, and she’s sure that wherever the heads are going in will be worked out with the installation of the fence. Moore replied yes, the system we replaced at the Fire Station last fall, they had D & B adjust the lines so that the fence posts would be going through it, but they will work with the fence contractor and this contractor to make sure irrigation lines are properly placed. DIRECTION: APPROVING CONSENT 18. AWARD OF BID: Public Service Division, re: for Aggregates (road gravel, slag and stone) for the City’s 2020 calendar year requirements, from budgeted funds. Doug Moore, Assistant Director of Public Service, presented this request to Council. He stated this is their annual request for bulk materials that they use. It went out for bid on MITN, they received bids back and they are listed in the letter for the low bidder and the second low bidder in the event that the low bidder cannot get us the material on time, it’s our yearly request for the service, and it’s the same contractors that have been for years. Councilmember Toy offered an approving resolution for the Consent Agenda. DIRECTION: APPROVING CONSENT 19. REQUEST FOR COUNCIL TO SET A DATE FOR THE PURPOSE OF ADOPTING A RESOLUTION PLACING SPECIAL ASSESSMENTS UPON REFERENCED PROPERTIES WHOSE OWNERS HAVE NOT PAID CHARGES CONNECTED WITH THE 2018 SIDEWALK PROGRAM, CONTRACT 18-G DELAYED LOCATIONS AND 2019 SIDEWALK PROGRAM, CONTRACT 19-G, SINGLE LOT ASSESSMENTS: Engineering Division, re: same. (CR 102-18 and CR 96-19) Todd Zilincik, City Engineer, presented this request to Council. He stated this is basically a request to get dates set for purposes of the Sidewalk Program. Technically they had approximately 83 invoices for 18-G, and 236 invoices for 19- 19 G, so they’re just looking as a housekeeping issue to get the dates set and obviously and the City Treasurer will be there if there are any questions on that. Councilmember Jolly offered an approving resolution for the Consent Agenda. DIRECTION: APPROVING CONSENT 20. REQUEST TO ACCEPT STORM WATER FACILITIES MAINTENANCE AGREEMENT: Engineering Division, re: from NYX Building Addition #2, in conjunction with the construction of a storm drainage system that provides adequate drainage for property developed at 38900 Plymouth Road, in the Southwest ¼ of Section 30. Todd Zilincik, City Engineer, presented this request to Council. He stated this is a formality, and is just asking for City Council’s approval to accept the Storm Water Agreement and then they’ll send it on to Wayne County for recording. Councilmember Donovic offered an approving resolution for the Consent Agenda. DIRECTION: APPROVING CONSENT 21. REQUEST TO ACCEPT STORM WATER FACILITIES MAINTENANCE AGREEMENT: Engineering Division, re: from Woodhaven Retirement Community, in conjunction with the construction of a storm drainage system that provides adequate drainage for property developed at 29667 Wentworth Avenue, in the Southeast ¼ of Section 14. Todd Zilincik, City Engineer, presented this request to Council. Vice President Bahr offered an approving resolution for the Consent Agenda. DIRECTION: APPROVING CONSENT 22. VACATING REQUEST: Engineering Division, re: to vacate water main easement within Woodhaven Retirement Community, located at 29667 Wentworth Avenue. Parcel ID 46-056-99-0002-003. Todd Zilincik, City Engineer, presented this request to Council. Vice President Bahr offered an approving resolution and referral to Planning Commission for the Consent Agenda. DIRECTION: REFER TO PLANNING COMMISSION CONSENT 20 23. REQUEST TO RELEASE SIDEWALK BOND, THE ENTRANCE AND LANDSCAPE MARKER BOND AND THE MONUMENTS AND MARKER BONDS: Engineering Division, re: for the Washington Park Site Condominiums located at the southwest corner of Hix and Ann Arbor Roads (former Washington Elementary School site), in the Southwest ¼ of Section 31. (CR 436-16 and CR 424-18) Todd Zilincik, City Engineer, presented this request to Council. He stated that Council accepted the park land and some other things, so they’re getting close to the finish line on this recent development, at Washington Park. So the only thing left will be the actual drawings and he is asking for approval for $19,000.00 for return back to Mr. Leo Soave for the development that occurred at this location. Councilmember Toy offered an approving resolution for the Consent Agenda. DIRECTION: APPROVING CONSENT 24. REQUEST FOR ONE-YEAR EXTENSION OF WAIVER APPROVAL: Planning Commission, re: Petition 2017-09-02-12 submitted by Tiseo Architects, Inc. previously approved by City Council on December 18, 2017, in connection with a proposal to develop and operate an outdoor storage yard for recreational equipment on property located on the east side of Merriman Road between Plymouth Road and the CSX railroad right-of-way (12350 Merriman Road) in the Southwest ¼ of Section 26. (CR 413-17 and CR 414-17) Ben Tiseo, Tiseo Architects, 19815 Farmington Road, presented this request to Council. He stated he is here to ask for another extension, he spoke to his client today and the contractor the other day, he’s finalizing the numbers and it looks like they are getting very close to start as soon as the weather breaks. They do have drawings into the Engineering Department for preliminary review and he’s hoping to get them back in a week or so with their comments and make those revisions and then take them in for a building permit. Attorney Bernier asked to clarify the address on this project as there are two different addresses listed. Mark Taormina, Director of Planning and Economic Development, responded that there was a recent change of address as a result of a parcel division, so that will be corrected. Tiseo replied that the address 12330 Merriman Road. The front parcel is where the building is, and that still remains 12350. Vice President Bahr asked what the reason for the delay on this is and Tiseo replied the project was much over budget and they’ve arranged financing and he’s been dealing with other contractors, so it’s a financial issue. It isn’t that he’s not committed, he’s very committed to this project. 21 Bahr then offered an approving resolution for the Consent Agenda. DIRECTION: APPROVING CONSENT 25. REQUEST FOR ONE-YEAR EXTENSION OF WAIVER APPROVAL: Planning Commission, re: Petition 2017-09-02-13 submitted by Tiseo Architects, Inc. previously approved by City Council on December 18, 2017, in connection with a proposal to develop and operate an outdoor storage yard for special trade contractors on property located on the east side of Merriman Road between Plymouth Road and the CSX railroad right-of-way (12350 Merriman Road) in the Southwest ¼ of Section 26. (CR 415-17 and CR 416-17) Ben Tiseo, Tiseo Architects, presented this request to Council. President McIntyre clarified that this address should also be corrected to be 12330 Merriman and Tiseo replied in the affirmative. Councilmember White offered an approving resolution for the Consent Agenda. DIRECTION: APPROVING CONSENT 26. WAIVER PETITION: Planning Commission, re: Petition 2019-12-02-16 submitted by Center Management Services, to operate a full-service restaurant (Chipolte Mexican Grill) on property located on the northeast corner of Middlebelt and Schoolcraft Roads (13900 Middlebelt Road) in the Southwest ¼ of Section 2. Thomas Guastello, Center Management Services, Inc., presented this request to Council. He stated he would like to commend the Council and staff on their dedication and diligence in going through all of the items here and he’d be glad to answer any questions they may have. Councilmember Donovic stated he’s been driving by this corner for a long time and he is very excited that he is bringing a Chipolte Restaurant to this location. He then offered an approving resolution for the Consent Agenda. Vice President Bahr stated he lived in that area for eleven years, and he thinks that area gets undersold as the most convenient place in all of Livonia to live and this just adds to that. You live down there and you’ve got your choice of restaurants, shopping locations, etc., etc., and he would highly recommend this area for anyone looking for a home in Livonia. Councilmember Donovic asked if there will be an entrance off of Schoolcraft and Middlebelt or just one entrance. 22 Guastello replied there’s an entrance off Schoolcraft that shares an entrance with Aldi’s and then off of Middlebelt it’s the same entrance that we use, and they share that entrance with IHOP and the other entrance with Olive Garden as well. Councilmember Toy stated that Guastello is very active with the DIA and commented that there is a very important artist coming to the DIA and Guastello replied that they will have the very largest Van Gogh exhibit in the country, with over seventy paintings. He stated they first the first museum that purchased a Van Gogh painting at a time when people didn’t quite think he was a very good artist. It has changed a lot. The seventy pieces are worth over four billion dollars. He stated he has been very proud to work with the DIA and is very proud of this exhibit. President McIntyre reminded everyone that admission to the museum is free to every resident of the tri-county area. There are special opportunities for groups to receive busses, there are special opportunities for seniors, and encourage people to contact the museum directly to look into those and it is free to every resident and the two special exhibits that are there now, the history on “The Wedding Dance”, one of the most iconic paintings and also on the Frida Kahlo, just phenomenal. Guastello indicated that if you by the museum and see busses there, they pay for those busses to come down there, it doesn’t come out of the school district, we’ve been training teachers, we’re doing murals inside and out so we really instill the culture that we want to be part of the community. President McIntyre thanked Guastello for his presence at the meeting. Guastello thanked Council and stated they do a great job for the City and that’s one of the things that he sees from the time he’s spent here from the McNamara years, is it’s a really good concerned government with people that are very capable and that means a lot to communities. And it means a lot when people come out to purchase property or when they bring people out, they’ll say gee, what is it like to get entitlements, and we say give them a good building, give them good plans, and we’ll get a project done for you and time and time again that’s happened, so it’s been a great community to work with. DIRECTION: APPROVING CONSENT AUDIENCE COMMUNICATION None heard. 23 As there were no further questions or comments, President McIntyre adjourned the Study Session at 10:34 p.m. on Monday, February 10, 2020. For the 1,891st Regular Meeting of February 24, 2020 DATED: February 19, 2020 SUSAN M. NASH, CITY CLERK