HomeMy WebLinkAboutCOUNCIL MINUTES 2012-09-26 38425
MINUTES OF THE ONE THOUSAND SEVEN HUNDRED AND THIRTEENTH
REGULAR MEETING OF SEPTEMBER 26, 2012
On September 26, 2012, 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 8 00 p.m McCann led the meeting with the Pledge of Allegiance,
assisted by five Eagle Scouts present at the meeting
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; Don Knapp, City
Attorney; Terry A. Marecki, City Clerk, and Mayor Jack Kirksey
On a motion by Pastor, seconded by Robinson, it was
#390-12 RESOLVED, that the Minutes of the 1,712th Regular
Meeting of the Council held September 12, 2012, are hereby approved
as submitted
A roll call vote was taken on the foregoing resolution with the following result:
AYES McCann, Laura, Pastor, Robinson, Kritzman, and Toy
NAYS None
PRESENT Brosnan
The President declared the resolution adopted
Robinson announced the Livonia Symphony Orchestra will host its 40th
Anniversary Kick Off event at Laurel Park Office Center on Thursday, September 27th
starting at 7 00 p m Robinson thanked all those for their support and indicated he
believed the event to be sold out and looked forward to the festivities
Todd Zilincik, City Engineer, invited residents to attend the Citizens
Advisory Board meeting to discuss the 2013 Road Repair Program which has been
scheduled for Thursday, October 4, 2012, at 7 00 p m at the Daniel R Andrew Public
Regular Meeting Minutes of September 26, 2012 38426
Service Division conference room located at 12973 Farmington Road Mr Zilincik
indicated the purpose of the meeting is to discuss the 10 miles of road that will be
repaved during the 2013 Road Program and encouraged all those interested to attend
the meeting Mr Zilincik indicated further information about the proposed 2013 Road
Program is available on the City's website which includes maps of the proposed
areas
Brosnan introduced Eagle Scout Thomas Strach and presented him with
a commendation on behalf of the Council, Mayor Kirksey and the City of Livonia to
recognize his achievement as an Eagle Scout and his hard work in completing his
assigned project at Newburgh Cemetery
Kritzman introduced Eagle Scout Gregory Kilroy and presented him with
a commendation on behalf of the Council, Mayor Kirksey and the City of Livonia to
recognize his achievement as an Eagle Scout and his hard work in completing his
assigned project at Clarenceville Cemetery
Vice President Pastor introduced Eagle Scout Zachary Cebulski and
presented him with a commendation on behalf of the Council, Mayor Kirksey and the
City of Livonia to recognize his achievement as an Eagle Scout and his hard work in
completing his assigned project at Sweetest Heart of Marcy Church in Detroit.
McCann recognized Eagle Scouts Jeremy Arbaut and Ben Yates were
present at the meeting to support their fellow Scouts, Thomas Strach, Gregory Kilroy,
and Zachary Cebulski, and thanked them for their dedication and support.
There was no Audience Communication at the beginning of the meeting
A communication from the Department of Finance, dated September 13,
2012, re forwarding the Quarterly Investment Report for the City of Livonia as of
August 31, 2012, was received and placed on file for the information of the Council
On a motion by Pastor, seconded by McCann, it was
#391-12 RESOLVED, that having considered an application from
Jeff Shingler, 28652 Grandon, dated August 27, 2012, requesting
permission to close Grandon between Harrison and Brentwood, on
Saturday, October 6, 2012, 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 7, 2012, in the event of inclement weather, the action
taken herein being made subject to the approval of the Police
Department.
#392-12 RESOLVED, that having considered the report and
recommendation of the Interim Superintendent of Parks and Recreation,
Regular Meeting Minutes of September 26, 2012 38427
dated September 5, 2012, which bears the signature of the Director of
Finance and is approved for submission by the Mayor, the Council does
hereby accept the bid of Wenger Corporation, 555 Park Drive,
Owatonna, Minnesota 55060, for providing the Department of Parks and
Recreation with a new trailer-towed mobile stage to replace the current
"showmobile" in the amount of $122,984 00, the Council having
determined to accept such bid in lieu of the low bid for the reasons
outlined in the aforementioned report and recommendation, FURTHER,
the Council does hereby appropriate and authorize an expenditure in an
amount not to exceed $122,984 00 from the Unexpended Fund Balance
of Fund 208 (Community Recreation Fund) for this purpose, which
account shall be reimbursed at such time as the Wayne County Grant
money is received to cover this expenditure, FURTHER, the bid of
Century Industries, LLC is hereby rejected for the reasons indicated in
the aforesaid communication
#393-12 RESOLVED, that having considered the report and
recommendation of the Director of Community Resources and the
Historical Commission, dated September 7, 2012, 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 does
hereby accept the bid of Integrity Building Group, 350 Madison Ave , 4th
Floor, Detroit, Michigan 48226, for completing all work required in
connection with the renovation of the Hill House located at Greenmead
for the total cost of $599,990 00, FURTHER, the Council does hereby
authorize an expenditure in an amount not to exceed $599,990 00 from
the Historical Commission Trust Fund (Account No 723-000-976-000)
for this purpose, and the Director of Inspection 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
#394-12 RESOLVED, that having considered a communication from
the Director of Community Resources, dated August 24, 2012, 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 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
#395-12 RESOLVED, that having considered the report and
recommendation of the Superintendent of Public Service — Operations
and the Director of Public Works, dated August 28, 2012, which bears
Regular Meeting Minutes of September 26, 2012 38428
the signature of the Director of Finance and is approved for submission
by the Mayor, regarding an additional appropriation and expenditure for
work required in connection with the 2011 Tree Planting Program,
previously authorized in Council Resolution 45-11, adopted on February
23, 2011, that became necessary as a result of the 2011 Road Repair
Program, the Council does hereby appropriate and authorize an
expenditure in an amount not to exceed $9,871 00 from funds budgeted
in Account No 204-781-818-047 (Road, Sidewalk and Tree Municipal
Refuse Fund Contractual Services — Forestry) for 92 additional trees
planted to be paid to Greg Davis Landscape Services, Inc , 471 Renaud
Road, Grosse Pointe Woods, Michigan 48236
#396-12 WHEREAS, the City of Livonia believes quality roads are a
vital part of any community, and
WHEREAS, certain improvements are necessary to Haggerty Road to
increase traffic safety and to encourage economic development, and
WHEREAS, the County of Wayne has committed to resurfacing the
Road in the area generally described as Haggerty Road from Six Mile to
Seven Mile and the City of Livonia will assist financially in the resurfacing
of the road, and
WHEREAS, the City of Livonia will provide payment to the County of
Wayne in the estimated amount of $58,446,99 (which will be adjusted to
reflect actual costs), as the City of Livonia's participation of the total
Project Costs, and
WHEREAS, upon execution of this Agreement, the City of Livonia will
provide a Working Capital Advance to the County of Wayne in the
amount of $29,224 00 as fifty percent (50%) of the City of Livonia's
participation (as found in Exhibit A to this Agreement) of the total Project
Cost; and
NOW, THEREFORE BE IT RESOLVED, that the Charter City of Livonia
— City Council does hereby approve the proposed Agreement between
the City of Livonia and County of Wayne for the resurfacing of Haggerty
Road from Six Mile to Seven Mile, and
BE IT FURTHER RESOLVED, that the Mayor and Clerk are authorized
to execute the Agreement on behalf of the Charter City of Livonia
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
Regular Meeting Minutes of September 26, 2012 38429
On a motion by Pastor, seconded by Brosnan, it was
#397-12 WHEREAS, the U S Department of Housing and Urban
Development (HUD) requires the submission of certain documentation
provided under the Cranston-Gonzales National Affordable Housing Act;
and
WHEREAS, the City of Livonia is part of a consortium with Lincoln Park,
Taylor, Dearborn Heights, Dearborn, and the County of Wayne for
purposes of participating in the federal HOME Investment Partnerships
Program (HOME) in order to increase affordable housing opportunities
for the citizens of the City of Livonia and surrounding consortium area,
and
WHEREAS, the statutes, regulations and requirements of HUD provide
for the passage of a resolution authorizing the Mayor and City Clerk of
the City of Livonia to execute an Amended Interlocal Agreement to
reflect fiscal year, not program year and show termination of the
previous agreement; and
WHEREAS, it is the desire of the City of Livonia City Council to execute
said Amended Interlocal Agreement;
NOW THEREFORE BE IT RESOLVED BY THE COUNCIL OF THE
CITY OF LIVONIA that the Mayor and City Clerk are authorized to sign
the Amended Interlocal Agreement in the form attached, subject to
approval of the Housing Director and City Attorney
IT IS HEREBY FURTHER RESOLVED that the Director of Housing is
hereby authorized to approve the 2013 through 2015 HOME contract
funding agreements for the Housing Rehabilitation Program once the
City receives notification of the HOME funding allocations from the
County of Wayne
A roll call vote was taken on the foregoing resolution with the following result:
AYES McCann, Pastor, Robinson, Brosnan, Kritzman, and Toy
NAYS Laura
The President declared the resolution adopted
On a motion by McCann, seconded by Kritzman, and unanimously
adopted, it was
#398-12 WHEREAS, pursuant to due and proper notice published
and mailed to all property owners in Special Assessment District No 427
Regular Meeting Minutes of September 26, 2012 38430
for the proposed Bell Branch Streambank Stabilization Project, a/k/a
Rennolds' Ravine River National Wet Weather Demonstration Project
Round X, Part "B" Grant Program for storm water general permit
activities in the NE % of Section 20, in the City of Livonia, Wayne
County, Michigan, as required by the provisions of the City Charter and
Title 3, Chapter 8 of the Livonia Code of Ordinances, as amended, a
public hearing thereafter having been held thereon on September 19,
2012, at the City Hall, 33000 Civic Center Drive, Livonia, Michigan, and
the City Council having duly met and reviewed the special assessments
levied on the special assessment roll as prepared by the City Assessor
to cover the district portion of the cost of the proposed Bell Branch
Streambank Stabilization Project, a/k/a Rennolds' Ravine River National
Wet Weather Demonstration Project Round X, Part "B" Grant Program
for storm water general permit activities to be constructed in Special
Assessment District No 427, and
WHEREAS, the City Council has heard and carefully considered all
objections made to said assessments,
NOW, THEREFORE, BE IT RESOLVED, THAT
1 The City Council does hereby determine that the assessments set
forth in said Special Assessment Roll dated August 13, 2012, in
the amount of $153,790 92, are fair and equitable and based
upon benefits to be derived by the construction of improvements
proposed in said district in accordance with the plans of the City
Engineer and resolutions of the City Council,
2 Said Special Assessment Roll No 427 is hereby approved and
confirmed in all respects,
3 The amount of said roll shall be divided into fifteen (15) equal
annual installments with interest at the rate of six (6%) percent
per annum on the unpaid balance of the assessment from
December 1, 2012 Said interest shall be payable on each
installment due date, provided, however, that after the issuance of
bonds in anticipation of the collection of the unpaid assessments
on the said Special Assessment Roll, said rate of interest shall be
no more than 1`)/0 above the average rate of interest borne by said
bonds In such cases where the installments will be less than Ten
Dollars ($10 00), the number of installments shall be reduced so
that each installment shall be above and as near Ten Dollars
($10 00) as possible The first installment shall be due and
payable December 1, 2013, and subsequent installments on
December 1st of succeeding years,
4 Pursuant to the provisions of Section 3 08 130 of the Livonia
Code of Ordinances, as amended, the City Clerk shall endorse
Regular Meeting Minutes of September 26, 2012 38431
the date of confirmation on the assessment roll, and the said
Assessment Roll shall then be immediately transmitted to the City
Treasurer who shall then publish notice as is required by Section
3 08 190 of the Livonia Code of Ordinances, as amended, and
mail assessment statements to the respective property owners
assessed in the manner and substance as provided by said
Section 3 08 190 Any property owner assessed may pay the
whole or any part of the assessment without interest or penalty up
to December 1, 2012
5 The first installment shall be spread upon the 2013 City tax roll in
the manner required by Section 3 08 210 of the Livonia Code of
Ordinances, as amended, together with interest upon all unpaid
installments from December 1, 2012, and thereafter one (1)
installment shall be spread upon each- annual tax roll together
with one (1) year's interest upon all unpaid installments, provided,
however, that when any annual installment shall have been
prepaid in the manner provided in Title 3, Chapter 8 of the Livonia
Code of Ordinances, as amended, either within the sixty (60) day
period as provided by Section 3 08 200, or after the expiration of
the sixty (60) day period as provided by Section 3 08.220 then
there shall be spread upon the tax roll for such year only the
interest for all unpaid installments, and
6 The City Council does hereby determine to pay $20,250 00 (one
half of the design and construction engineering costs)
On a motion by Brosnan, seconded by McCann, and unanimously
adopted, it was
#399-12 RESOLVED, that having considered the report and
recommendation of the City Engineer, dated September 6, 2012, 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 approve a total project cost for the Rennolds'
Ravine Streambank Stabilization Project in the amount of $348,081 85
as follows Construction - $249,403 00, Design and Construction Eng -
$40,500 00, Construction Staking, Inspection and Report Writing -
$35,000 00, and Administration and Contingency - $23,178 85,
FURTHER, the Council does hereby accept the bid of Erie Construction
LLC, 22051 Commerce Drive, Woodhaven, Michigan 48183, for
completing all construction work required in connection with the
Rennolds' Ravine Streambank Stabilization Project for the total
estimated amount of $249,403 00, based upon the Engineering
Department'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 cost and unit prices having been in fact
Regular Meeting Minutes of September 26, 2012 38432
the lowest bid received and meets all specifications, FURTHER, the
Mayor and City Clerk are hereby authorized, for and one behalf of the
City of Livonia, to execute a contract with the aforesaid bidder and to do
all other things necessary or incidental to the full performance of this
resolution, FURTHER, the Council does hereby authorize an advance in
the amount of $153,790 92 for the Rennolds' Ravine Streambank
Stabilization Project from the Special Assessment Fund (899) with the
provision that the Special Assessment Fund (899) be reimbursed from
that portion of the project which is to be financed by special assessment
at such time as funds are available from future payments, FURTHER,
the Council does hereby authorize an additional appropriation and
expenditure in an amount not to exceed $20,250 00 from the
Unexpended Fund Balance of the Capital Projects Fund (401) to pay for
the City's portion of the work; FURTHER, the Council does hereby
authorize an appropriation and expenditure in an amount not to exceed
$174,040 93 from the Water and Sewer Fund (592) with the provision
that the Water and Sewer Fund (592) be reimbursed from the portion of
the project that is to be financed by the Rouge River National Wet
Weather Demonstration Project Round X, Part "B" Grant Program,
FURTHER, the Council does hereby award the remaining portion of the
QBS contract amendment that includes Tasks 5 and 6 to Orchard, Hiltz,
and McCliment, Inc (OHM), 34000 Plymouth Road, Livonia, Michigan
48150 for the Construction Phrase to provide Construction Staking,
Observation, Final Project Report, Grant Administration with Process
Reports and Preconstruction Engineering Services for the Rennolds'
Ravine Streambank Stabilization Project (RX8-14) in an amount not to
exceed $35,000 00, FURTHER, the Council does hereby authorize an
appropriation and expenditure in an amount not to exceed $35,000 00
from the Unexpended Fund Balance of the Capital Projects Fund (401)
for the Construction Phase Services, FURTHER, the Mayor and City
Clerk are hereby authorized to execute a contract amendment, for and
on behalf of the City of Livonia with OHM for the Construction Phase
Services, and the City Engineer is hereby authorized to approve minor
adjustments in the work, as required
On a motion by Pastor, seconded by Brosnan, and unanimously
adopted, it was
#400-12 RESOLVED, that having considered a communication from
the Human Resources Director, dated September 20, 2012, which bears
the signature of the Director of Finance and is approved for submission
by the Mayor, and which sets forth Resolution No 12-99 adopted by the
Civil Service Commission on September 19, 2012, wherein it is
recommended that the attached proposed tentative agreement between
the City of Livonia and Livonia Fire Fighters Union be approved for the
period December 1, 2012, through November 30, 2015, the Council
does hereby determine to approve of and concur in the aforesaid action,
Regular Meeting Minutes of September 26, 2012 38433
and the Mayor and City Clerk are hereby requested to affix their
signatures to the aforesaid agreement, for and on behalf of the City of
Livonia, and to do all other things necessary or incidental to the full
performance of this resolution
There was no Audience Communication at the end of the meeting
President Toy asked City Engineer Todd Zilincik to explain to residents
what is taking place in front of the Police Department.
Todd Zilincik, City Engineer, explained the Police Department entrance
was in great need of repair and once the project was underway, it led to more
extensive repair than anticipated Mr Zilincik stated the entire front entranceway to
the Police Department was torn out and the project will entail a full replacement which
will include a handicap ramp and modified entrance that will be easier to access Mr
Zilincik stated the project is anticipated to be completed by the end of October or the
beginning of November and thanked all of the Police Department members and staff
for their cooperation during the renovations
On a motion by McCann, seconded by Kritzman, and unanimously
adopted, this 1,713th Regular Meeting of the Council of the City of Livonia was
adjourned at 8 34 p m
Q_A e
Aa
Terry MMarecki, City Clerk
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