HomeMy WebLinkAboutCOUNCIL MINUTES 2013-05-08 38650
MINUTES OF THE ONE THOUSAND SEVEN HUNDRED AND TWENTY EIGHTH
REGULAR MEETING OF MAY 8, 2013
On May 8, 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 00 p m Laura led the meeting with the Pledge of Allegiance
Roll was called with the following result: Joe Laura, Thomas Robinson,
Brandon Kritzman, James McCann, and Laura Toy Absent: John Pastor and
Maureen Miller Brosnan
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; and Mayor Jack Kirksey
On a motion by Robinson, seconded by McCann, and unanimously
adopted, it was
#121-13 RESOLVED, that the Minutes of the 1,727`h Regular
Meeting of the Council held April 22, 2013, are hereby approved as
submitted
President Toy announced there would be a public hearing to be held on
Monday, May 20, 2013, at 6 45 p m in the Auditorium of City Hall, 33000 Civic Center
Drive, Livonia, Michigan
Lynn A. Gandhi, Honigman Miller Schwartz and Cohn, LLP, on behalf of
Leapers Inc is requesting approval of an Industrial Facilities Tax
Exemption Certificate for new machinery and equipment and improving
the building at their facility located at 32500 Capital, Livonia, MI 48150
(Industrial Development Overlay District #110)
President Toy announced there would be a public hearing to be held on
Tuesday, May 21, 2013, at 7 00 p m in the Auditorium of City Hall, 33000 Civic Center
Drive, Livonia, Michigan
Michael C Beaubien, President, MKO Real Estate LLC, CEO,
Mendelson Orthopedics P C on behalf of Mendenson Orthopedics P C ,
requesting to establish a Commercial Rehabilitation District for the
Regular Meeting Minutes of May 8, 2013 38651
property located at 36622 Five Mile Road, Livonia, MI 48154, to help in
the expansion and rehabilitation of this property
President Toy announced there would be an X-item addressed at the
end of the meeting concerning a request to from the Department of Law to discuss
pending litigation and attorney/client privileged communications with respect to
Gershman Properties v City of Livonia and Kroger Co of Michigan v City of Livonia
President Toy wished a Happy Birthday to Councilmembers Brosnan
and McCann President Toy announced Livonia's annual Memorial Day Celebration
will be held at Veterans Park on Saturday, May 25th at 9 00 a m , located at the corner
of Five Mile and Farmington, to honor those who have served our country President
Toy indicated residents may make a reservation for the event by contacting Anne Cox,
Parks & Recreation Department, at (734) 466-2418
During Audience Communication, Marg Soltis, 36278 Lawrence Drive,
addressed Council to express concern and displeasure with her water bill Ms Soltis
indicated the current bill structure penalizes those who use less water and does not
encourage residents to conserve water and be "green" Ms Soltis concluded by
asking Council to reconsider how the water bills are calculated to coincide with actual
water usage
Christopher Martin, 12275 Inkster Road, commented the previous citizen
made a great point concerning water rates and stated how the bills are calculated
does little to encourage conservation of water Mr Martin also indicated the School
Bond election was yesterday and he obtained the results at City Hall Mr Martin
concluded by stating he has a trial scheduled on June 11, 2013, at 1 00 p m before
Judge Kavanagh for the three criminal misdemeanors he has been charged with in
connection with the fence on the property at his business
Eric Bacinzki, Plymouth Township resident and member of the St.
Baldnck's Foundation, addressed Council to thank them for their continued support
and assistance Mr Bacinski indicated the Baldrick Foundation will host its annual
fundraiser to raise money for childhood cancer research on Sunday, May 19th at 1 00
p m at the Claddagh Irish Pub located on Haggerty Road and invited Council and
residents to attend their fundraising event.
A communication from the Department of Finance, dated April 5, 2013,
re forwarding various financial statements of the City of Livonia for the month ending
February 28, 2013, was received and placed on file for the information of the Council
A communication from the Livonia Housing Commission, dated April 5,
2013, re the additional expenditures of approximately $5,000 00 that were incurred in
fi
the rehabilitation of the Community Development Block Grant (CDBG) tax foreclosed
Regular Meeting Minutes of May 8, 2013 38652
property located at 12040 Arcola was received and placed on file for the information
of the Council (CR 322-12)
On a motion by Robinson, seconded by Laura, it was
it
#122-13 RESOLVED, that having considered a letter from Richard
Schwaller, Cooley High School Alumni Committee, dated April 9, 2013,
which requests permission to waive Section 8 32.070 (Noise Control) of
the Livonia Code of Ordinances, in connection with their annual picnic,
which will take place at Rotary Park on Wednesday, August 7, 2013,
from noon until 1 00 p m , to allow the playing of music by a Dixieland
band and the use of a small amplifier for a soloist, the Council does
hereby grant and approve this request in the manner and form herein
submitted
A communication from the Board of Trustees, Livonia Employees
Retirement System, dated April 3, 2013, transmitting the 401(a) Defined Contribution
Plan Annual Report for 2012, was received and placed on file for the information of the
Council
#123-13 WHEREAS, the City of Livonia, County of Wayne, State of
Michigan (the "City"), has determined that it is necessary for the public
health, safety and welfare of the City to acquire, construct, furnish and
equip improvements to the sanitary sewer system of the City's existing
Water Supply and Sewage Disposal System (the "System"), including
the rehabilitation of sanitary sewer lines and manholes and the
disconnection of illicit connections to the System, together with all
related appurtenances and attachments thereto (the "Project"), and
WHEREAS, the City has been advised by the Michigan Department of
Environmental Quality ("MDEQ"), that financial assistance to accomplish
the acquisition and construction of the Project is available through the
State Revolving Fund ("SRF") Loan Program administered by the MDEQ
and the Michigan Finance Authority (the "MFA"), and
WHEREAS, the Revenue Bond Act, Act 94, Public Acts of Michigan,
1933, as amended ("Act 94"), provides a means for financing the
purchase, acquisition, construction, improvement, enlargement,
extension, and repair of public improvements such as the Project
through the issuance of revenue bonds, and
WHEREAS, the issuance of bonds payable from revenues of the System
under Act 94 in a total amount not to exceed Four Million One Hundred
Thousand Dollars ($4,100,000) (the "Bonds"), for the purpose of
Regular Meeting Minutes of May 8, 2013 38653
financing all or part of the Project represents the most practical means to
that end, and
WHEREAS, the City has made application for participation in the SRF
loan program, and
WHEREAS, a notice of intent to issue revenue bonds must be published
before the issuance of the Bonds in order to comply with the
requirements of Section 33 of Act 94, and
WHEREAS, the City intends at this time to state its intentions to be
reimbursed from proceeds of the Bonds for any expenditures undertaken
by the City for the Project prior to issuance of the Bonds
NOW, THEREFORE, BE IT RESOLVED THAT
1 The City Clerk is hereby authorized and directed to publish a
notice of intent to issue the Bonds in the Livonia Observer, a
newspaper of general circulation in the City
2 The notice of intent shall be published as a display advertisement
not less than one-quarter (1/4) page in size in substantially the
form attached to this resolution as Exhibit A.
3 The City Council does hereby determine that the foregoing form
of Notice of Intent to Issue Bonds, and the manner of publication
directed, is adequate notice to the electors of the City and users
of the System, and is the method best calculated to give them
notice of the City's intent to issue the Bonds, the purpose of the
Bonds, the security for the Bonds, and the right of referendum of
the electors with respect thereto, and that the provision of forty-
five (45) days within which to file a referendum petition is
adequate to insure that the City's electors may exercise their legal
rights of referendum, and the newspaper named for publication is
hereby determined to reach the largest number of persons to
whom the notice is directed
4 The City makes the following declarations for the purpose of
complying with the reimbursement rules of Treas Reg § 1 150-2
pursuant to the Internal Revenue Code of 1986, as amended
(a) As of the date hereof, the City reasonably expects to
reimburse the City for the expenditures described in (b)
below with proceeds of debt to be incurred by the City
(b) The expenditures described in this paragraph (b) are for
the costs of acquiring and constructing the Project which
Regular Meeting Minutes of May 8, 2013 38654
were or will be paid subsequent to sixty (60) days prior to
the date hereof
(c) The maximum principal amount of debt expected to be
issued for the Project, including issuance costs, is
$4,100,000
5 The Mayor, City Clerk, Finance Director and City Treasurer of the
City are each authorized to act as an authorized officer or
designated representative in connection with the Project and
execute and deliver such applications, documents or certificates
with the MDEQ, the MFA or other entities as may be necessary or
advisable to enable the City to issue and sell the bonds as
contemplated herein and to meet its obligations under the SRF
Loan Program
6 All resolutions and parts of resolutions insofar as they conflict with
the provisions of this resolution be and the same hereby are
rescinded
#124-13 RESOLVED, that having considered the report and
recommendation of the Superintendent of Public Service - Operations
and the Director of Public Works, dated April 3, 2013, which bears the
signature of the Director of Finance and is approved for submission by
the Mayor, the Council does hereby approve a one-year extension of the
existing contract with Detroit Salt Company, 12841 Sanders Street,
Detroit, Michigan 48217, for supplying rock salt for ice control at the unit
price bid in June 2011, ($46 09 per ton) for an estimated total of 1,500
tons for an estimated total amount of $69,135 00 for the period July 1,
2013, through June 30, 2014, from funds budgeted in Account No 101-
463-784-000 for this purpose, FURTHER, the Council does hereby
authorize the action herein without competitive bidding since the same is
based on the low consortium bid pricing and in accordance with Section
3 04 140 D 4 of the Livonia Code of Ordinances, as amended
#125-13 RESOLVED, that having considered the report and
recommendation of the City Engineer, dated April 4, 2013, which bears
the signature of the Director of Finance, is approved by the Director of
Public Works and is approved for submission by the Mayor, the Council
does hereby accept the unit price bid of Carr's Outdoor Services, Inc ,
48910 Ford Road, Canton, Michigan 48170, for completing all work
required in connection with the 2013 Pavement Crack and Joint Sealing
Program (Contract 13-D) for the estimated total cost of $89,190 00;
FURTHER, the Council does hereby authorize an expenditure in the
amount of $73,190 00 from funds already budgeted in Account No 203-
463-818-117 (Local Roads) and in the amount of $16,000 00 from funds
already budgeted in Account No 202-463-818-117 (Major Roads) for
this purpose, FURTHER, the foregoing amounts are based upon the
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Engineering Division's estimate of units involved, and are subject to final
payments 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 bid received and meets all specifications, and the
City Engineer is 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 and to do all other things necessary or
incidental to the full performance of this resolution
#126-13 RESOLVED, that having considered a communication from
the City Engineer, dated April 4, 2013, which bears the signature of the
Director of Finance, is approved by the Director of Public Works and
approved for submission by the Mayor, the Council does hereby, for and
on behalf of the City of Livonia, accept a $20,000 00 grant from Detroit
Edison Company (DTE), FURTHER, the Council does hereby
appropriate and authorize an additional expenditure in an amount not to
exceed $74,312 00 from the Unexpended Fund Balance of the Capital
Projects Fund (401) for Contribution In Aid of Construction to be paid to
the Detroit Edison Company, Community Lighting Group, 8001 Haggerty
Road, Belleville, Michigan 48111, and included with the agreement with
DTE, FURTHER, the Council does hereby authorize the use of these
grant funds and City funds to retrofit 203 mercury vapor streetlights to
LED along Farmington Road, from Six Mile Road to Capitol Avenue,
which is estimated to produce an energy cost savings of $43,535 76
annually, and the City Engineer is hereby authorized to approve any
minor adjustments in the work as may be necessary; and the Mayor and
City Clerk are hereby authorized, for and on behalf of the City of Livonia,
to execute the agreement with DTE subject to the approval as to form by
the Department of Law, and to do all other things necessary or incidental
to the full performance of this resolution
#127-13 RESOLVED, that having considered a communication from
the City Engineer, dated April 11, 2013, which bears the signature of the
Director of Finance, is approved by the Director of Public Works, and
approved for submission by the Mayor, the Council does hereby accept
the unit price bid of Joe Rotondo Construction Corporation, 38807 Ann
Arbor Road, Suite 2, Livonia, Michigan 48150, for completing all work
required in connection with the 2013 Sidewalk Replacement Program
(Contract 13-G) at the unit prices bid for a total amount not to exceed
$492,474 00, based upon the Engineering 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,
FURTHER, the Council does hereby authorize an advance in the
amount of $205,396 84 (single lot assessments portion of the program)
from the Road, Sidewalk and Tree Fund with the provision that this fund
be reimbursed from that portion of the project which is to be financed by
special assessment at such time as funds are subsequently received
Regular Meeting Minutes of May 8, 2013 38656
from the payment of bills and assessments by affected property owners,
FURTHER, the Council does hereby authorize an expenditure in the
amount of $17,050 51 from funds budgeted in Account No 202-451-977-
010 (Major Road — Dist. Sidewalk Cost) and $96,619 63 from funds
budgeted in Account No 203-451-977-010 (Local Road — Dist. Sidewalk
Cost) to cover the costs related to the construction or reconstruction of
handicap ramps at major and local roads, FURTHER, the Council does
hereby authonze an expenditure in the amount of $13,534 07 from the
Unexpended Fund Balance of the Water and Sewer Fund for sidewalk
work adjacent to and including water, storm and sanitary structure
repairs, FURTHER, the Council does hereby authorize an expenditure in
the amount of $209,120 35 from funds already budgeted for this purpose
from the Road, Sidewalk and Tree Fund (Account No 204-441-818-104
— Contractual Service Sidewalk) for repair of sidewalks heaved by tree
roots, and the City Engineer is 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 and to do all other things
necessary or incidental to the full performance of this resolution
A roll call vote was taken on the foregoing resolutions with the following result.
AYES Laura, Robinson, Kritzman, McCann, and Toy
NAYS None
A communication from the Department of Law, dated April 24, 2013, re
amending the Livonia Code of Ordinances for Election Precincts to more evenly
distribute the number of voters assigned to precincts to alleviate long lines for the
major federal elections and to update the new addresses along Curtis Road (west of
Middlebelt), was received and placed on file for the information of the Council
McCann gave first reading to the following Ordinance
AN ORDINANCE AMENDING SECTIONS 100, 110 AND 130 TO
CHAPTER 08 (ELECTION PRECINCTS) OF TITLE 1 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
Regular Meeting Minutes of May 8, 2013 38657
above Ordinance was placed on the table for consideration at an upcoming Regular
meeting
McCann took from the table, for second reading and adoption, the
following Ordinance
AN ORDINANCE AMENDING SECTION 4 04 (SCHEDULE OF
MINIMUM LOT SIZES IN R-1 THROUGH R-5 DISTRICTS) OF
ARTICLE IV OF ORDINANCE NO 543, AS AMENDED, KNOWN AND
CITED AS "THE CITY OF LIVONIA ZONING ORDINANCE " (Petition
2002-02-06-01)
A roll call vote was taken on the foregoing Ordinance with the following result:
AYES Laura, Robinson, Kritzman, McCann, and Toy
NAYS None
The President declared the foregoing Ordinance duly adopted, and would become
effective on publication
McCann took from the table, for second reading and adoption, the
following Ordinance
AN ORDINANCE AMENDING SECTION 5 04 (SCHEDULE OF
MINIMUM LOT SIZES IN RUF DISTRICT) OF ARTICLE V OF
ORDINANCE NO 543, AS AMENDED, KNOWN AND CITED AS "THE
CITY OF LIVONIA ZONING ORDINANCE " (Petition 2002-02-06-01)
A roll call vote was taken on the foregoing Ordinance with the following result:
AYES Laura, Robinson, Katzman, McCann, and Toy
NAYS None
The President declared the foregoing Ordinance duly adopted, and would become
effective on publication
On a motion by McCann, seconded by Kritzman, it was
#128-13 RESOLVED, that having considered a communication from
the Director of Housing, dated April 4, 2013, which bears the signature of
the Director of Finance and approved for submission by the Mayor,
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submitted pursuant to Council Resolution CR 609-88, the Council does
hereby approve the sale to Marco H Cervi, of the following City-owned
property, further described as
11683 Cardwell Lots 384 and 385, including East 1/2 of the
adjacent vacated alley at the rear thereof, Schanhite's Marquette
Manor Subdivision, according to the plat as recorded in Liber 61
of Plats, Page (63), Wayne County records
the action for a total sale price of $6,000 00, the action herein being
taken in order to best serve the interests of the community; FURTHER,
the proceeds of such sale shall be allocated to the CDBG program as
program income, and the Mayor and City Clerk are hereby requested to
execute a Quit Claim Deed and such other documents as may be
necessary or incidental to fulfill the purpose of this resolution, and the
Department of Law is hereby requested to prepare and place in proper
form such legal documents as may be necessary to consummate this
transaction, and the City Clerk is hereby requested to have said Quit
Claim Deed recorded in the Office of the Register of Deeds and to do all
other things necessary or incidental to fulfill the purpose of this
resolution
A roll call vote was taken on the foregoing resolution with the following result.
AYES Robinson, Katzman, McCann, and Toy
NAYS Laura
The President declared the resolution adopted
On a motion by Robinson, seconded by Laura, and unanimously
adopted, it was
#129-13 RESOLVED, that the City Engineer having filed with the
City Clerk a statement dated March 1, 2013, on all matters required by
Section 3 08 060 of the Livonia Code of Ordinances, as amended, and a
first public hearing having been held thereon on April 15, 2013, after due
notice as required by Section 3 08 070 of said Code, and after careful
consideration having been given to all such matters, the Council does
hereby, pursuant to Section 3 08 080 of said Code
(1) Accept and approve said statement in all respects,
(2) Determine to make the improvement consisting of the installation
of sidewalks on the south side of Ann Arbor Trail from Dowling
Avenue to Rosedale Elementary in the S W % of Section 32, T 1
S , R 9 E , City of Livonia, Wayne County, Michigan, as
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described in said statement, and to defray the cost of such
improvement by special assessment upon the property especially
benefitted in proportion to the benefits derived or to be derived,
(3) Approve the plans and specifications for said improvement as set
forth in said statement dated March 1, 2013,
(4) Determine that the estimated cost of such improvement is
$25,730 00,
(5) Determine that the cost of said improvement shall be paid for in
part by special assessments on the property benefited thereby
and in part by the City at large, in proportions thereafter
established,
(6) That the cost and expense of said improvement to be borne and
paid by the City shall be $1,000 00 of the paving cost and that the
balance of said cost and expense of said public improvement
shall be borne and paid by special assessments on all lands and
premises in the Special Assessment District as herein established
in proportion to the benefits to be derived therefrom,
(7) Determine that assessments made for such improvement may be
paid in five (5) annual installments together with interest thereon
on the unpaid balance,
(8) Designate the assessment district, describing the land and
premises upon which special assessments shall be levied as
follows A Special Assessment District in the S W % of Section
32, Town 1 South, Range 9 East, City of Livonia, Wayne County,
Michigan, described as containing the property listed on the
proposed Special Assessment Roll attached to the statement filed
by the City Engineer, dated March 1, 2013, and shown on the
Special Assessment District Map attached to the statement filed
by the City Engineer, dated March 1, 2013,
(9) That the City Assessor is hereby directed to prepare a Special
Assessment Roll including all lots and parcels of land within the
above district designated by the Council and to assess to- each
such lot or parcel of land such relative portions of the whole sum
to be levied against all lands in the Special Assessment District as
the special benefits to such lots or parcels of land bear to the total
benefit of all land and also to enter upon such roll the amount
which has been assessed to the City at large, all in accordance
with the determination of the City Council, and
(10) That upon the completion of said roll the City Assessor shall
attach thereto the certificate required by the provisions of Section
Regular Meeting Minutes of May 8, 2013 38660
3 08 100 of the Livonia Code of Ordinances, as amended, of the
City of Livonia and file the same with the City Clerk who
thereupon is directed to present the same to the City Council prior
to the holding of the second public hearing thereon as required by
Section 3 08 110 of said Code
Curtis Lipinski, 36555 Ann Arbor Trail, addressed Council to voice his concern and
displeasure with the projected cost of the proposed sidewalk installation on the south
side of Ann Arbor Trail from Dowling Avenue to Rosedale Elementary and disputed
the matter was concern for safety or necessity as presented
On a motion by Robinson, seconded by Laura, and unanimously
adopted, it was
#130-13 RESOLVED, that the Council does hereby suspend their
rules for procedure as outlined in Council Resolution 574-82 so as to
permit consideration of items that do not appear on the Agenda
On a motion by Laura, seconded by Katzman, it was
#131-13 RESOLVED, that having considered a communication from
the Department of Law, dated May 7, 2013, the Council does hereby, by
a two-thirds roll call vote in accordance with Section 7(1) of the Open
Meetings Act, direct that a closed Committee of the Whole meeting be
held for the purposes of discussing litigation matters and attorney/client
privileged communications in connection with pending litigation,
Gershman Properties v City of Livonia and Kroger Co of Michigan v City
of Livonia
A roll call vote was taken on the foregoing resolution with the following result:
AYES Laura, Robinson, Kritzman, McCann, and Toy
NAYS None
The President declared the resolution adopted
There was no Audience Communication at the end of the meeting
Laura requested a moment of silence in honor of the Westland firefighter
who was killed in the line of duty while serving and protecting Westland residents in a
fire which broke out in two local businesses Laura indicated the Westland fireman,
Brian Woehlke, leaves behind a wife and a young child and offered condolences to his
family and community
Regular Meeting Minutes of May 8, 2013 38661
On a motion by McCann, seconded by Laura, and unanimously adopted,
this 1,728th Regular Meeting of the City of Livonia was adjourned at 7 36 p m
Ak ittet-t-r---tre;_
Terry A. t.recki, City Clerk