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HomeMy WebLinkAboutCOUNCIL MINUTES 2013-10-07 38817 MINUTES OF THE ONE THOUSAND SEVEN HUNDRED AND THIRTY EIGHTH REGULAR MEETING OF OCTOBER 7, 2013 On October 7, 2013, the above meeting was held at the City Hall, 33000 Civic Center Drive, Livonia, Michigan, and was called to order by the President of the Council at 7 01 p m McCann led the meeting with the Pledge of Allegiance Roll was called with the following result: James McCann, Joe Laura, John Pastor, Thomas Robinson, Maureen Miller Brosnan, Brandon Kritzman, and Laura Toy Absent: None Elected and appointed officials present. Mark Taormina, City Planner; Judy Priebe, Technical Specialist; Todd Zilincik, City Engineer; Terry Marecki, City Clerk, Don Knapp, City Attorney; arid Mayor Jack Kirksey On a motion by Robinson, seconded by Brosnan, it was #310-13 RESOLVED, that the Minutes of the 1,737th Regular Meeting of the Council held September 23, 2013, are hereby approved as submitted A roll call vote was taken on the foregoing resolution with the following result: AYES McCann, Pastor, Robinson, Brosnan, Kritzman, and Toy NAYS None PRESENT Laura President Toy declared the resolution adopted Brosnan introduced special guests present at the meeting Rory Brosnan, Alex Kosley, and Melissa Downer, who were present at the meeting to satisfy a requirement for their Law class at Fr Gabriel Richard Catholic High School Councilwoman Brosnan welcomed the students to the meeting Vice President Pastor wished a Happy Birthday to Mark Taormina, City Planner, and also extended a Happy Birthday wish to Kelsey Gregario, who he indicated would celebrate her 18th Birthday next week Regular Meeting Minutes of October 7, 2013 38818 Kritzman offered congratulations to Livonia's neighbors, the City of Westland, who broke ground earlier in the day on their new City Hall project. President Toy announced the Livonia Hall of Fame was hosted on Thursday, October 3rd at Madonna University to honor the following inductees Alpha USA, the volunteer organization "Friends of the Wilson Barn", Bill Bresler, award winning photographer with the Observer & Eccentric; Mary Dumas (deceased), first woman to serve on the Wayne County Board of Commissioners and a Trustee at Schoolcraft College, Joan McCotter, first woman elected to serve on Livonia City Council before becoming City Clerk, Janet Welch, the first woman to serve as President of the State Bar of Michigan, and Robert Nash, longtime Livonia City Councilmember who then served as the City Clerk for ten years President Toy offered congratulations to all those inducted and for their respective accomplishments and service to the community Brosnan indicated longtime owner of the old fashioned barber shop along Plymouth Road, Johanna Naimola, recently passed away and offered condolences to her family Brosnan stated Ms Naimola would be greatly missed by many in the community and the Naimola Barber Shop had been a longstanding business in the City McCann indicated the City's General Election will take place on Tuesday, November 5th to fill four Council seats and announced three Council candidates were present at the meeting Christopher Martin, Lynda Scheel, and Susan Nash McCann noted both Councilmembers Brosnan and Robinson were also running in the General Election McCann stated a forum for candidates was hosted last week by the League of Women Voters and the Chamber of Commerce would host a candidate forum on Thursday, October 10th McCann stated he felt it was important for residents to be informed and get out and vote because local leaders make a difference in the community President Toy announced there would be a Public Hearing held on Monday, October 28, 2013, at 8 00 p m in the Auditorium of City Hall, 33000 Civic Center Drive, Livonia, Michigan Petition 2013-07-01-04 submitted by Schoolcraft College, to rezone the property at 39201 Seven Mile Road, located on the Southeast corner of Seven Mile Road and Haggerty Road in the Northwest '/ of Section 7, from PO (High Rise Professional Office) to PL (Public Land) During Audience Communication, Christopher Martin, 12275 Inkster Road, indicated he was present at the Council Committee of the Whole meeting held on September 30, 2013 Mr Martin indicated the subject matter at that Committee meeting was providing tax abatements to businesses to entice them to come to Livonia Mr Martin stated a business owner present at the Committee meeting voiced a concern regarding the City's Inspection Department and the Zoning Board of Appeals and indicated he agreed with the complaint raised by the business owner present. On a motion by Pastor, seconded by Katzman, it was Regular Meeting Minutes of October 7, 2013 38819 #311-13 RESOLVED, that having considered an application from Jeff Shingler, 28652 Grandon Street, dated September 8, 2013, requesting permission to close Grandon Street between Harrison and Brentwood on Saturday, October 12, 2013, from 3 00 p m to 10 00 p m for the purpose of conducting a block party, the Council does hereby grant permission as requested, including therein permission to conduct the said affair on Sunday, October 13, 2013, in the event of inclement weather, the action taken herein being made subject to the approval of the Police Department. #312-13 RESOLVED, that having considered a communication from the City Clerk, dated September 6, 2013, forwarding an application submitted by Xiao Gang Bian, 28172 W 10 Mile Road, Farmington Hills, MI 48336, for a massage apprentice permit and in accordance with Chapter 5 49 of the Livonia Code of Ordinances, as amended, the Council does hereby approve this request in the manner and form herein submitted, and the City Clerk is hereby requested to do all things necessary or incidental to the full performance of this resolution #313-13 RESOLVED, that having considered a communication from the Director of Community Resources, dated September 13, 2013, which bears the signature of the Director of Finance and the City Attorney and is approved for submission by the Mayor, wherein it is requested that Council Resolution No 273-13 be amended to include Attachment "A" to the Pass Through Agreement between the Southeast Michigan Council of Governments (SEMCOG) and the City of Livonia Community Transit Center (LCTC) that was approved at the Regular Meeting of August 26, 2013, the Council does hereby amend and revise Council Resolution No 273-13 so as to read as follows RESOLVED, that having considered a communication from the Director of Community Resources, dated July 10, 2013, which bears the signature of the Director of Finance and is approved for submission by the Mayor, the Council does, for and on behalf of the City of Livonia, approve the Pass Through Agreement, with Attachment "A", between the Southeast Michigan Council of Governments (SEMCOG) and the City of Livonia Community Transit Center (LCTC), and the Federal Transit Administration (FTA) Certifications and Assurances, FURTHER, the Council does hereby accept a grant in the amount of $238,594 00 from the Federal Transit Administration for Livonia Community Transit to update and build out the City's Call Center; FURTHER, the Council does hereby appropriate and credit the amount of $238,594 00 to Account No 218-889-986-010 (Capital Outlay) for the purposes as designated by the grantor #314-13 RESOLVED, that having considered a communication from the Chief of Police, dated August 22, 2013, which bears the signature of Regular Meeting Minutes of October 7, 2013 38820 the Director of Finance, is approved as to form by the City Attorney, and approved for submission by the Mayor, the Council hereby authorizes participation in the Justice Assistance Grant (JAG) Program in conjunction with Wayne County Department of Homeland Security, pursuant to an kir Intergovernmental Agreement between the City of Livonia and the County of Wayne, and does, for and on behalf of the City of Livonia, accept the 2010 Justice Assistance Grant in the amount of $13,986 00, to be used to purchase law enforcement equipment, with no matching funds required, to be deposited in Account No 223-786-971-000 and appropriated for its intended purposes, and the Mayor and City Clerk are hereby authorized, for and on behalf of the City of Livonia, to execute the Intergovernmental Agreement in the manner and form herein submitted #315-13 RESOLVED, that having considered a communication from the Chief of Police, dated August 23, 2013, which bears the signature of the Director of Finance, is approved as to form by the City Attorney, and approved for submission by the Mayor, the Council hereby authorizes participation in the Justice Assistance Grant (JAG) Program in conjunction with Wayne County Department of Homeland Security, and does, for and on behalf of the City of Livonia, accept the 2013 Justice Assistance Grant in the amount of $10,693 00, to be used to purchase law enforcement equipment, with no matching funds required, to be deposited in Account No 223-745-971-000 and appropriated for its intended purposes, and the Mayor and City Clerk are hereby authorized, for and on behalf of the City of Livonia, to execute the Intergovernmental Agreement in the manner and form herein submitted #316-13 RESOLVED, that having considered a communication from the Water and Sewer Board, dated September 9, 2013, which bears the signature of the Director of Finance, and is approved for submission by the Mayor, the Council does hereby authorize purchases from EJ USA, Inc., f/k/a East Jordan Iron Works, 13001 Northend Avenue, Oak Park, Michigan 48237, for stormwater, water main and sanitary manhole-related items for a period of one (1) year and is not to exceed $60,000 00 annually; FURTHER, the Council does hereby authorize such action without competitive bidding for the reasons indicated in the aforesaid communication, and such action is taken in accordance with Section 3 04 140 D 4 of the Livonia Code of Ordinances, as amended #317-13 RESOLVED, that having considered the report and recommendation of the Superintendent of Public Service — Operations and the Director of Public Works, dated September 12, 2013, which bears the signature of the Director of Finance and is approved for submission by the Mayor, the Council does hereby accept the unit price bid of B & J Parking Lot Maintenance, Inc , 12207 Inkster Road, Taylor, Michigan 48180, (the low overall bidder) for completing all street sweeping required for the City's 2013-2015 Leaf Pickup Program, for the estimated total cost of $45,800 00 per year; FURTHER, in the event the lowest bidder is unable Regular Meeting Minutes of October 7, 2013 38821 to perform the services, the Council does hereby accept the unit price bid of G & M Enterprises, Ltd , 19614 W Eight Mile Road, Southfield, Michigan 48075, as an alternate for completing all street sweeping required for the City's 2013-2015 Leaf Pickup Program, for the estimated total cost of $49,600 00, the final cost being based upon the Public Service Division's estimate of units involved, and subject to a final payment based upon the actual units completed in accordance with the unit prices accepted herein, said estimated costs and unit prices having been in fact the lowest bids received for this item, FURTHER, the Council does hereby authorize the expenditure of the foregoing amounts from funds already budgeted in Account No 205-527-886-015 (Special Activity — Leaf Pickup) for this purpose, and the Superintendent of Public Service — Operations and Director of Public Works are hereby authorized to approve minor adjustments in the work as it becomes necessary; and the Mayor and City Clerk are hereby authorized to execute a contract for and on behalf of the City of Livonia with the aforesaid bidder(s) and to do all other things necessary or incidental to the full performance of this resolution #318-13 RESOLVED, that having considered a communication from the City Attorney, dated September 13, 2013, which is approved for submission by the Mayor, to which is attached a proposed "City of Livonia Website Calendar Policy", the Council does hereby approve and adopt the aforesaid policy in the manner and form herein submitted, and the Mayor and City Clerk are hereby requested 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 McCann, Laura, Pastor, Robinson, Brosnan, Kritzman, and Toy NAYS None McCann gave first reading to the following Ordinance AN ORDINANCE VACATING THE USE OF PORTIONS OF STREET, ALLEY AND PUBLIC GROUND (Petition 2013-05-03-01) The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in the Office of the City Clerk and is the same as if word for word repeated herein The above Ordinance was placed on the table for consideration at an upcoming Regular meeting At 7 15 p m Kritzman stepped down from the podium to avoid any perceived conflict of interest. Regular Meeting Minutes of October 7, 2013 38822 On a motion by Brosnan, seconded by Robinson, it was #319-13 RESOLVED, that having considered the report and recommendation of the City Engineer, dated September 11, 2013, which bears the signature of the Director of Finance and the City Attorney, is approved by the Director of Public Works and approved for submission by the Mayor, to which is attached a proposed Agreement between the City of Livonia and Orchard, Hiltz & McCliment, Inc., 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 Orchard, Hiltz & McCliment, Inc , 34000 Plymouth Road, Livonia, Michigan 48150, to continue as the consultant for the 2014 Asphalt Road Program, in the amount of $294,228 00 ($95,425 00 for Design Engineering and $198,803 00 for Construction Engineering), FURTHER, the Council does hereby authorize an expenditure in an amount not to exceed $294,228 00 from funds already budgeted in Account No 204-441-818-102 for this purpose, and the City Engineer is hereby authorized to approve minor adjustments in the work, as it becomes necessary A roll call vote was taken on the foregoing resolution with the following result: AYES McCann, Laura, Pastor, Robinson, Brosnan, and Toy NAYS None The President declared the resolution adopted Kritzman returned to the podium at 7 16 p m A communication from the City Planning Commission, dated September 18, 2013, re Administrative Response to CR 269-13 — request to purchase City-owned vacant property at 27560 Joy Road by Ali Albo, was received and placed on file for the information of the Council On a motion by Pastor, seconded by McCann, and unanimously adopted, it was #320-13 RESOLVED, that having received a letter dated September 18, 2013, from the City of Livonia Planning Commission, regarding the request from Ali Albo to purchase the City-owned lot located at 27560 Joy Road, the Council does hereby refer this item to the Law Department to obtain appraisals of the subject property and for its report and - recommendation Regular Meeting Minutes of October 7, 2013 38823 On a motion by Brosnan, seconded by Kritzman, and unanimously adopted, it was #321-13 RESOLVED, that having considered a communication from the Director of Community Resources, dated September 18, 2013, which bears the signature of the Director of Finance and is approved for submission by the Mayor, the Council does, for and on behalf of the City of Livonia, accept various gifts and cash donations in the amounts and from the sources indicated therein, FURTHER, the Council does hereby appropriate and credit the amounts of $90 00 to Account No 702---285- 214 (Youth Commission Trust), $16,829 00 to Account No 702---285-139 (Community Projects), $6,176 00 to Account No 702---285-219 (Emergency Service Programs), $4,010 00 to Account No 702---285-216 (Senior Citizens Programs) and $200 00 to Account No 702---690-010 (Arts Trust) for the purposes as designated by the donors There was no Audience Communication at the end of the meeting On a motion by Pastor, seconded by Brosnan, and unanimously adopted, this 1,738th Regular Meeting of the Council of the City of Livonia was adjourned at 7 21 pm Terry a arecki, City Clerk