HomeMy WebLinkAboutCOUNCIL MINUTES 2011-04-20 37845
MINUTES OF THE ONE THOUSAND SIX HUNDRED SEVENTY NINTH
REGULAR MEETING OF APRIL 20, 2011
On April 20, 2011, 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 Vice President Laura led the meeting with the Pledge of
Allegiance
Roll was called with the following result: Joe Laura, Laura Toy, Conrad
Schwartz, Brian Meakin, and James McCann Absent: Maureen Miller Brosnan and
John Pastor
Elected and appointed officials present: Todd Zilincik, City Engineer;
Karen Tesner, Director of Legislative Affairs, Mark Taormina, City Planner; Don
Knapp, City Attorney; Terry Marecki, City Clerk, and Mayor Jack Kirksey
On a motion by Toy, seconded by Schwartz, and unanimously
adopted, it was
#94-11 RESOLVED, that the Minutes of the 1,678th Regular
Meeting of the Council held April 6, 2011, are hereby approved as
submitted
At the direction of the Chair, Agenda Items #15 and #23 were removed
from the Agenda at the request of Councilmembers Pastor and Brosnan
President McCann announced there would be an "X" item discussed at
the end of tonight's meeting regarding a request from the Department of Law to
schedule a closed Committee of the Whole meeting regarding pending litigation and
attorney/client privileged communication with respect to Target Corporation v City of
Livonia
Meakin announced former Police Chief Bill Crayk was honored today
at the Livonia Retirement System meeting and presented with a pin by Mayor
Kirksey for his 50 years of service Meakin stated Mr Crayk retired on December
22, 1990, after 30 years of service with the City and began his career as a patrolman
who worked his way up through the ranks to Chief of Police Meakin congratulated
Mr Crayk for his 50 years of service to the Livonia community
Regular Meeting Minutes of April 20, 2011 37846
Laura indicated he had received a request from a resident to announce
the Detroit Story League will present its "Once Upon A Time" First Annual Story
Telling Concert for children ages 4-10 on Saturday, April 30, 2011, starting at 2 00
p m at the Livonia Civic Center Library on Five Mile Road Laura indicated the cost
of admission is $2 00 per child and $5 00 for a family and the event will feature Ming
Louie and various local members
Police Chief Robert Stevenson addressed Council to indicate Captain
Mark LaBerge will be retiring after 31 plus years of service Chief Stevenson
indicated Captain LaBerge was offered and has accepted the position as Director of
Campus Security for Henry Ford Community College Chief Stevenson stated
Captain LaBerge grew up in the Livonia community and began his career as a young
man, working his way up throughout the years and serving in various capacities at
the Police Department. Chief Stevenson indicated Captain LaBerge was oftentimes
referred to as the "face" of the Department and worked very closely with the Livonia
Chamber of Commerce Chief Stevenson stated Captain LaBerge was a tireless
worker and congratulated and thanked him for his many years of dedicated service
in Public Safety
During Audience Communication, Cosimo DiCesare, 57151 Deer
Creek Court, Washington, representative on behalf of Italia Construction Company,
agreed to present a statement to Council at the Regular meeting of May 11, 2011,
as the Agenda item he wished to address had been adjourned to said meeting
Christopher Martin, 12275 Inkster Road, addressed Council to express
his belief that Mr DiCesare from Italia Construction Company should have been
allowed to speak on an item even though it was removed from the Agenda and
should also be allowed to speak regarding the matter again at the next Regular
meeting
A communication from the Department of Finance, dated March 24,
2011, re forwarding various financial statements of the City of Livonia for the month
ending January 31, 2011, was received and placed on file for the information of the
Council
A communication from the Department of Finance, dated March 31,
2011, re forwarding various financial statements of the City of Livonia for the month
ending February 28, 2011, was received and placed on file for the information of the
Council
Regular Meeting Minutes of April 20, 2011 37847
A communication from the Department of Finance, dated April 4, 2011,
re forwarding the Quarterly Investment Report for the City of Livonia as of February
28, 2011, was received and placed on file for the information of the Council
On a motion by Toy, seconded by Laura, it was
#95-11 RESOLVED, that having considered a letter from David
Bibik, Clarenceville Athletic Booster Club President, received in the
Office of the City Clerk on March 24, 2011, the Council does hereby
take this means to indicate that the Clarenceville Athletic Booster Club
is recognized as a non-profit organization operating in the community,
and the action herein being taken for the purpose of affording
Clarenceville Athletic Booster Club an opportunity to obtain a
charitable gaming license or registration from the State of Michigan in
accordance with provisions of State statute
#96-11 RESOLVED, that having considered a letter from Fred E
Sackllah, Festival Chair Person, The Basilica of St. Mary Antiochian
Orthodox Church, dated March 31, 2011, regarding their Third Annual
Sahara Fest scheduled for Thursday through Sunday, June 2-5, 2011,
the Council does hereby determine to waive Section 8 32 070 (Noise
Control) of the Livonia Code of Ordinances between the hours of 10 00
a m and 10 00 p m , except on Sunday ending at 9 00 p m , in
connection with this event to be held June 2-5, 2011, at Bryant Park
located at 18000 Merriman Road, and that the appropriate level of
amplified music will be controlled by a church-appointed "sound
engineer" who will have total control of the sound system at all times
and that the speakers inside the tent will be pointed north (toward the
church) and away from neighboring houses in connection with this
event to be held June 2-5, 2011, at Bryant Park located at 18000
Merriman Road, FURTHER, the Council does hereby limit the live
music hours from 6 00 p m to 8 30 p m on Thursday, 6 00 p m to
9 30 p m on Friday, 4 00 p m to 9 30 p m on Saturday, and 1 00 p m
to 7 00 p m on Sunday; FURTHER, the Council does hereby grant
and approve three (3) 4' x 4' signs to be placed on St. Mary's property
and at Bryant Park no earlier than Wednesday, May 18, 2011, and
removed no later than Tuesday, June 7, 2011
#97-11 RESOLVED, that having considered a letter from Arica
Flores, American Cancer Society, Relay for Life, dated April 4, 2011,
which requests permission to waive Sections 8 32 070 (Noise Control)
and 12 20 080 (Public Lands) of the Livonia Code of Ordinances, as
amended, in connection with their overnight outdoor gathering to raise
funds for the fight against cancer, which will take place in Livonia from
10 00 a m Saturday, June 4, 2011, through 10 00 a m Sunday, June
5, 2011, to allow the playing of music and announcements via
Regular Meeting Minutes of April 20, 2011 37848
loudspeakers, as well as the erection and use of tents on public land
(Bentley Field), the Council does hereby grant and approve this
request in the manner and form herein submitted, subject to providing
the City with evidence of liability insurance coverage and execution of
an appropriate Hold Harmless Agreement.
#98-11 RESOLVED, that having considered a communication
from the City Assessor, dated March 28, 2011, approved for
submission by the Mayor, with regard to a request from Kucyk, Soave
& Fernandes, PLLC, and in accordance with the provisions of 1967 PA
288, as amended, as well as Section 18 46 of Ordinance No 543, as
amended, the Council does hereby approve of the proposed division of
Tax Item No 46-005-02-0015-002 into two parcels, the legal
descriptions of which shall read as follows
Parcel "A"
The South 1/2 of the North 1/2 of Lot 15 of "Elmwood Farms", being a
subdivision of part of the Northeast 1/4 of Section 2, T 1 S , R 9E , City
of Livonia, Wayne County, Michigan as recorded in Liber 48 of Plats,
Page 59, Wayne County Records Containing 0 375 Acres
Parcel "B"
The North 1/2 of the North '/2 of Lot 15 of "Elmwood Farms", being a
subdivision of part of the Northeast 1/4 of Section 2, T 1 S , R 9E , City
of Livonia, Wayne County, Michigan as recorded in Liber 48 of Plats,
Page 59, Wayne County Records Containing 0 375 Acres
as shown on the map attached to the aforesaid communication which
is made a part hereof by reference, FURTHER, in accordance with
Section 16 32 030 of the Livonia Code of Ordinances, as amended,
and Section 18 46 of Zoning Ordinance No 543, as amended, the
Council does hereby waive the depth-to-width ratio requirements set
forth in Zoning Ordinance No 543, as amended, with respect to this
property division since the proposed lot substantially complies with the
applicable lot width requirement and the proposed lots would be
consistent with the size, shape and width of lots existing in the vicinity
of the proposed split; and the City Clerk is hereby requested to cause a
certified copy of this resolution to be recorded in the Office of the
Wayne County Register of Deeds
#99-11 RESOLVED, that having considered a communication
from the Mayor, dated April 4, 2011, wherein he has requested
approval of the reappointment of Lowell Peterson, 9420 Lathers,
Livonia, Michigan 48150, to the Livonia Plymouth Road Development
Authority as a resident member at large for a four-year term expiring
May 16, 2015, pursuant to Section 3 16 060 of the Livonia Code of
Ordinances, as amended, and Act No 197 of the Public Acts of
Michigan of 1975, as amended, the Council does hereby confirm and
approve such reappointment.
Regular Meeting Minutes of April 20, 2011 37849
#100-11 RESOLVED, that having considered the report and
recommendation of the Chief of Police, dated April 1, 2011, 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 for, and on behalf of the City of Livonia, accept radio
equipment from Wayne County purchased utilizing Public Safety
Interoperable Communications Grant Funding with the City of Livonia
to provide the required 25% matching funds in an amount not to
exceed $41,991 00, FURTHER, the Council does authorize the
purchase of additional EF Johnson radio equipment and accessories
from Advanced Wireless Telecom, 49716 Martin Drive, Wixom,
Michigan 48393, in the total amount of $81,387 57, FURTHER, the
Council does hereby authorize an expenditure in an amount not to
exceed $123,378 57 from proceeds of the "buy out" that was recently
negotiated within the City's Frequency Reconfiguration Agreement and
received from Sprint-Nextel for this purpose, FURTHER, the Council
does hereby authorize the purchase of said items 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
#101-11 RESOLVED, that having considered the report and
recommendation of the Chief of Police, dated April 4, 2011, 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 for, and on behalf of the City of Livonia, accept radio
equipment from Wayne County purchased utilizing 2010 Interoperable
Emergency Communications Grant Funding with the City of Livonia to
provide the required 25% matching funds in an amount not to exceed
$57,245 12, FURTHER, the Council does approve the purchase of
additional Motorola radio equipment and accessories from Motorola,
2465 Riverside Drive, Suite 308, Trenton, Michigan 48183, in the total
amount of $1,141,818 63, FURTHER, the Council does hereby
authorize an expenditure in an amount not to exceed $419,776 75
(which includes the $57,245 12 grant match) from the account holding
the proceeds of the "buy out" that was recently negotiated within the
City's Frequency Reconfiguration Agreement and received from Sprint-
Nextel for this purpose, FURTHER, the Council does hereby authorize
an expenditure in the amount of $779,287 00 from funds budgeted in
the Public Safety Communications Fund (Account No 261-000-984-
000) for this purpose, FURTHER, the Council does hereby authorize
the purchase of said items 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
#102-11 RESOLVED, that having considered a communication
from the Chairman of the Water and Sewer Board, dated April 4, 2011,
Regular Meeting Minutes of April 20, 2011 37850
which bears the signature of the Director of Finance and is approved
for submission by the Mayor, and which sets forth Water and Sewer
Board resolution WS 4209 4/11, wherein the Board concurs in the
recommendation made by the Superintendent of Public Service _
Environment & Utilities, dated March 22, 2011, the Council does
hereby accept the unit price bid of SLC Meter Service, Inc , 10375
Dixie Highway, Davisburg, Michigan 48350, for supplying the Public
Service Division (Water Maintenance Section) with water service parts
and fittings for a period of two (2) years in an amount not to exceed
$50,000 00 for the two year contract, the same having been in fact the
lowest bid received which meets all specifications, FURTHER, the
Council does hereby authorize such expenditure from funds already
budgeted in Account No 592-000-111-020 for this purpose
#103-11 RESOLVED, that having considered a communication
from the Chairman of the Water and Sewer Board, dated April 4, 2011,
which bears the signature of the Director of Finance and is approved
for submission by the Mayor, and which sets forth Water and Sewer
Board resolution WS 4208 4/11, wherein the Board concurs in the
recommendation made by the Superintendent of Public Service -
Environment & Utilities, dated March 22, 2011, the Council does
hereby accept the unit price bid of SLC Meter Service, Inc., 10375
Dixie Highway, Davisburg, Michigan 48350, for supplying the Public
Service Division (Water Maintenance Section) with water main repair
clamps for a period of two (2) years in an amount not to exceed
$65,000 00 for the two year contract, the same having been in fact the
lowest bid received and meets all specifications, FURTHER, the
Council does hereby authorize such expenditure from funds already
budgeted in Account No 592-000-111-020 for this purpose
#104-11 RESOLVED, that having considered a communication
from the Director of Public Works, dated April 1, 2011, which bears the
signature of the Director of Finance and is approved for submission by
the Mayor, requesting approval to participate in the Alliance of Rouge
Communities (ARC) and for payment of the Annual Assessment for
2011, the Council does hereby approve participation in the Alliance of
Rouge Communities (ARC) and for payment to the Alliance of Rouge
Communities, c/o ECT, 719 Griswold St., Suite 820, Detroit, Michigan
48226, in the amount of $29,013 00 for the City's annual ARC
Assessment for 2011, FURTHER, the Council does hereby authorize
anexpenditurein the amount of $29,013 00 from funds already
budgeted in Account No 592-559-840-030 (Professional and
Contractual Services, Rouge/Illicit Disconnection Issues) for this
purpose
#105-11
RESOLVED, that having considered the report and
recommendation of the Superintendent of Public Service - Operations
and the Director of Public Works, dated March 29, 2011, which bears
416.
Regular Meeting Minutes of April 20, 2011 37851
the signature of the Director of Finance and is approved for submission
by the Mayor, the Council does hereby accept the unit price bids of
Hercules & Hercules, 19055 W Davison, Detroit, Michigan 48223,
Empire Equipment & Supply, 18639 Omira, Detroit, Michigan 48203,
and Pyramid School Products, 6510 N 54th St., Tampa, Florida 33610,
for supplying the Public Service Division (Building Maintenance
Section) with custodial supplies for the period May 1, 2011, through
April 30, 2012, the same having been in fact the lowest bids received
and meet all specifications, and an amount not to exceed $65,000 00
is hereby authorized to be expended from funds already budgeted in
Account No 101-447-776-000 for this purpose
#106-11 RESOLVED, that having considered the report and
recommendation of the City Engineer, dated March 29, 2011, 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 Hard Rock
Concrete, Inc , 38146 Abruzzi Drive, Westland, Michigan 48185, for
completing all work required in connection with the 2011 Concrete
Road Repair Program (Contract 11-C) on various streets throughout
the City of Livonia for the estimated total cost of $1,689,983 00, based
on the Engineering Division's estimate of units of work involved and
subject to the final payment based on the actual units of work
completed in accordance with the unit prices accepted herein, said
estimated cost and unit prices having been in fact the lowest bid
received and meets all specifications, FURTHER, the Council does
hereby authorize an expenditure in an amount not to exceed
$1,689,983 00 for the 2011 Concrete Road Repair Program from funds
already budgeted in the Roads, Sidewalks and Tree Fund as follows
Account No 204-463-818-110 (Reconstruction) $1,508,985 82
Account No 204-463-818-114 (Maintenance) $180,997 18
for this purpose, and the City Engineer is hereby authorized to approve
any 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
#107-11 RESOLVED, that having considered the report and
recommendation of the City Engineer, dated March 29, 2011, 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 Scodeller
Construction, Inc , 51722 Grand River Ave , Wixom, Michigan 48393,
for completing all work required in connection with the 2011 Pavement
Crack and Joint Sealing Program (Contract 11-D) for the estimated
Regular Meeting Minutes of April 20, 2011 37852
total cost of $94,750 00, the same having been in fact the lowest bid
received and meets all specifications, FURTHER, the Council does
hereby authorize an expenditure in an amount not to exceed
$75,800 00 from funds already budgeted in Account No 203-463-818-
117 (Local Roads) and in an amount not to exceed $18,950 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 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, 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
#108-11 RESOLVED, that having considered the report and
recommendation of the City Engineer, dated March 31, 2011, 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 C & L Enterprizes,
11085 Lisa Lane, Shelby Township, Michigan 48316, for completing all
work required in connection with the 2011 Sidewalk and Pavement
Replacement Program - Water Main Breaks (Contract 11-F) for the
estimated total cost of $48,788 00 (Phase I - $20,924 00 and Phase II
$27,864 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, said
estimated cost and unit prices having been in fact the lowest bid
received for this item, FURTHER, the Council does hereby appropriate
and authorize an expenditure in an amount not to exceed $48,788 00
from Water and Sewer Construction in Progress Account No 592-158-
000 for this purpose, 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
#109-11 RESOLVED, that having considered the report and
recommendation of the City Engineer and the Director of Public Works,
dated March 29, 2011, 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 R S Contracting, Inc , 9276
Marine City Hwy , Casco Twp , Michigan 48064 for completing all work
required in connection with the 2011 Lane Line Marking Program
(Contract 11-H) for the estimated total cost of $90,221 00, based on
the Engineering Division's estimate of units involved, and subject to a
Regular Meeting Minutes of April 20, 2011 37853
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 the lowest and only bid received and meets
all specifications, FURTHER, the Council does hereby authorize an
expenditure in an amount not to exceed $90,221 00 from funds already
budgeted in Account No 202-463-818-118 (Contractual Services Lane
Line Marking) for this purpose, 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, for
and on 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
#110-11 RESOLVED, that having considered the report and
recommendation of the City Engineer, dated April 1, 2011, 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 between the City of
Livonia and Orchard, Hiltz & McCliment, Inc., 34000 Plymouth Road,
Livonia, Michigan 48150, to provide design services for the Newburgh
Road Reconstruction Project from Six Mile Road to Laurel Park Drive,
and from Five Mile to Six Mile Roads in an amount not to exceed
$234,866 00, FURTHER, the Council does hereby authorize an
expenditure in an amount not to exceed $234,866 00 from funds
budgeted in Account No 202-463-818-125 (Major Street Fund — City
participation in County and MDOT projects) for this purpose,
FURTHER, the Council does hereby authorize Orchard, Hiltz &
McCliment, Inc to enter into a third-party agreement with the Michigan
Department of Transportation for Construction Engineering Services,
and the City Engineer is hereby authorized to approve minor
adjustments in the work, as it becomes necessary
#111-11 RESOLVED, that having considered the report and
recommendation of the City Engineer, dated April 4, 2011, 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 Hubbell, Roth & Clark, 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 between the City of
Livonia and Hubbell, Roth & Clark, Inc , 555 Hulet Drive, P 0 Box
824, Bloomfield Hills, Michigan 48303-0824, to provide design and
construction engineering services for the Eight Mile Road Water Main
Improvement Project in an amount not to exceed $74,850 00,
FURTHER, the Council does hereby authorize an expenditure in an
Regular Meeting Minutes of April 20, 2011 37854
amount not to exceed $74,850 00 from funds budgeted in Account No
592-158-000 (Construction in Progress) 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 resolutions with the following result:
AYES Laura, Toy, Schwartz, Meakin, and McCann
NAYS None
A communication from the Department of Law, dated April 14, 2011,
re proposed amendment to Section 5 33 060A of the Livonia Code of Ordinances
(Garage, Yard, Basement and Rummage Sales), as amended, was received and
placed on file for the information of the Council (CR 395-09)
A communication from the Office of the City Clerk, dated November
18, 2010, re requesting a change in the garage sale Ordinance, was received and
placed on file for the information of the Council (CR 395-09)
Schwartz gave first reading to the following Ordinance
AN ORDINANCE AMENDING SECTION 060 OF TITLE 5, CHAPTER
33 (GARAGE, YARD, BASEMENT AND RUMMAGE SALES) OF THE
LIVONIA CODE OF ORDINANCES, AS AMENDED
The foregoing Ordinance, when adopted, is filed in the Journal of
Ordinances in the Office of the City Clerk and is the same as if word for word
repeated herein The above Ordinance was placed on the table for consideration at
an upcoming Regular meeting
On a motion by Schwartz, seconded by Meakin, and unanimously
adopted, it was
#112-11 RESOLVED, that having considered the report and
recommendation of the Legislative Affairs Committee, dated April 11,
2011, submitted pursuant to Council Resolution 57-11, regarding the
subject of athletic recognition signs, the Council does hereby refer the
subject of developing a policy on recognition signage to the Parks and
Regular Meeting Minutes of April 20, 2011 37855
Recreation Commission and the Administration for its report and
recommendation, said report to include a possible "Walk of Fame"
concept with monument recognition
A communication from the Department of Law, dated April 11, 2011,
re additional information on the subject of designating an alternate member to serve
on the Zoning Board of Appeals, was received and placed on file for the information
of the Council (CR 23-11)
On a motion by Schwartz, seconded by Laura, and unanimously
adopted, it was
#113-11 RESOLVED, that having considered the report and
recommendation of the Legislative Affairs Committee, dated April 11,
2011, submitted pursuant to Council Resolution 23-11, regarding the
subject of designating an alternate member to serve on the Zoning
Board of Appeals, the Council does hereby determine to take no
further action with regard to this matter
On a motion by Schwartz, seconded by Laura, and unanimously
adopted, it was
#114-11 RESOLVED, that having considered the report and
recommendation of the Legislative Affairs Committee, dated April 11,
2011, submitted pursuant to Council Resolution 167-10, regarding the
subject of temporary retail sites, the Council does hereby determine to
take no further action with regard to this matter
Meakin gave first reading to the following Ordinance
AN ORDINANCE AMENDING SECTION 040 OF TITLE 2, CHAPTER
32 (UNCLAIMED PERSONAL PROPERTY) OF THE LIVONIA CODE
OF ORDINANCES, AS AMENDED
The foregoing Ordinance, when adopted, is filed in the Journal of
Ordinances in the Office of the City Clerk and is the same as if word for word
repeated herein The above Ordinance was placed on the table for consideration at
an upcoming Regular meeting
Regular Meeting Minutes of April 20, 2011 37856
A communication from the Department of Law, dated April 15, 2011,
re differences between the 9th and 10th Editions of Robert's Rules of Order, was
received and placed on file for the information of the Council
Toy gave first reading to the following Ordinance
AN ORDINANCE AMENDING SECTIONS 050, 060, 070, 110 AND
200 OF TITLE 2, CHAPTER 04 (CITY COUNCIL) OF THE LIVONIA
CODE OF ORDINANCES, AS AMENDED
The foregoing Ordinance, when adopted, is filed in the Journal of
Ordinances in the Office of the City Clerk and is the same as if word for word
repeated herein The above Ordinance was placed on the table for consideration at
an upcoming Regular meeting
On a motion by Toy, seconded by Schwartz, it was
#115-11 RESOLVED, that having considered a communication
from the Director of the Housing Commission, dated March 17, 2011,
the Council does hereby amend and revise Council Resolution No
329-10 to read as follows
RESOLVED, that having considered a communication from the
Director of the Housing Commission, dated August 30, 2010,
which bears the signature of the Director of Finance and is
approved for submission by the Mayor, submitted pursuant to
Council Resolution 405-09, the Council does hereby accept the
offer of Tammy and James Sekutowski to purchase City-owned
property located at 28614 Seven Mile Road, Livonia, Michigan
in the Southwest 1/4 of Section 1, further described as
Lot(s) 1, Iris Gardens Subdivision, according to the plat thereof
as recorded in Liber 67, Page(s) 55, Wayne County Records,
for a total purchase price of $44,000 00, which sale is
conditioned upon the purchasers obtaining financing and
participating in a homeownership training program, the action
herein being taken in order to best serve the interests of the
community; FURTHER, the Council does hereby direct that the
sale proceeds be directed to the Neighborhood Stabilization
Program for purposes consistent with the NSP Grant
Agreement; and the Director of the Housing Commission is
hereby requested to execute a quit claim deed and such other
Regular Meeting Minutes of April 20, 2011 37857
documents as may be necessary or incidental to fulfill the
purpose of this resolution, and the Director of the Housing
Commission and the Department of Law are 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 the same 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 Toy, Schwartz, Meakin, and McCann
NAYS Laura
The President declared the resolution adopted
On a motion by Meakin, seconded by Toy, it was
#116-11 RESOLVED, that having considered the report and
recommendation of the Chief of Police, dated April 1, 2011, 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 authorize another contract between the City of
Livonia and Livonia Towing, Inc , 12955 Levan, Livonia, Michigan
48150, for police towing and storage services for a period of two (2)
years, with the contract fees to remain the same as the existing
agreement, previously authorized in Council Resolution 106-09,
FURTHER, Livonia Towing, Inc shall abide by the towing and storage
rates and fees established in Section 10 21 240 of the Livonia Code of
Ordinances, as amended, FURTHER, the Council does hereby
approve the request to waive the performance bond requirement for
the reasons indicated in the report and recommendation of the Chief of
Police, and the Mayor and City Clerk are hereby authorized to execute
a contract, for and on behalf of the City of Livonia, with Livonia Towing,
Inc provided same is approved as to form by the Department of Law;
FURTHER, the Council does hereby authorize the action herein
without competitive bidding for the reasons indicated in the aforesaid
communication, and such action is taken in accordance with the
provisions set forth in Section 3 04 140 D 4 of the Livonia Code of
Ordinances, as amended
A roll call vote was taken on the foregoing resolution with the following result:
AYES
NAYS Toy, Meakin, and McCann
Laura and Schwartz.
Regular Meeting Minutes of April 20, 2011 37858
The President declared the resolution adopted
it was On a motion by Meakin, seconded by Toy, and unanimously adopted,
#117-11 RESOLVED, that having considered a communication
from the Mayor, dated April 11, 2011, regarding placing a Public Safety
Millage on the August 2011 primary election, the Council does hereby
refer this matter to the Finance, Budget and Technology Committee for
its report and recommendation
Scott Morgan, Livonia Police Officer and President of the Livonia Police Officers'
Association, addressed Council to voice their union's support of the proposed Public
Safety Millage Mr Morgan indicated in the past several years the Livonia Police
Department has been reduced from 197 to 158 police officers and their union has
been aggressive in working with the City in contract negotiations to reduce costs
while trying to maintain the same level of benefits to citizens Mr Morgan concluded
by stating the funding is much needed and indicated any resident in support of, or
interested in volunteering to support the proposed Public Safety Millage, should
contact him directly at livoniapoavahoo.com
Dave Bostater, Livonia Firefighter and President of the Livonia Professional Fire
Fighters, addressed Council to indicate the proposed Public Safety Millage has the
support of the entire firefighters' union and indicated it was vital to have citizens vote
on maintaining Public Safety at the level they have become accustomed to Mr
Bostater encouraged those who support the Public Safety Millage to visit the
firefighters' website of www.livoniafirefighters.com
Pat Moug, Livonia Police Officer and President of the Livonia Police Department's
Lieutenants' and Sergeants' Association, addressed Council to indicate the
proposed Public Safety Millage is supported by all the members of their union and
indicated Public Safety is a primary concern for most residents and that is why
citizens choose to live in specific communities
Bill Hart, 32460 Ellen Court, addressed Council and indicated he has been a Detroit
Firefighter for 23 years and has witnessed what lack of funding can do to desecrate
a city Further, Mr Hart stated he has chosen to live in Livonia and would like to see
the same level of Public Safety services he has grown use to and have confidence
that City services will remain the same in the future
Roger Matthews, 38530 Morningstar, addressed Council to inquire if the proposed
Public Safety Millage will cause residents' tax bills to increase or if in fact residents
will actually notice a decrease in their property tax bills and to speak in favor of
placing the proposed millage on the ballot so that Livonia citizens could vote on the
matter
George Donabedian, 14236 Beatrice, addressed Council and indicated he was a 52
Regular Meeting Minutes of April 20, 2011 37859
year resident of Livonia and expressed his support of the proposed Public Safety
Millage and felt the matter was important for Council to consider
Michael Cretu, 14393 Hubbard, addressed Council to thank them for their hard work
during very difficult times and stated that when emergency situations arise, time is
crucial Mr Cretu stated he would like to see the matter go before the public for a
vote and encouraged Council to carefully examine and discuss the matter in further
detail
On a motion by Toy, seconded by Meakin, and unanimously adopted,
it was
#118-11 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 Toy, seconded by Laura, it was
#119-11 RESOLVED, that having considered a communication
from the Department of Law, dated April 19, 2011, 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 pending litigation
matters and attorney/client privileged communications with respect to
Target Corporation v City of Livonia
A roll call vote was taken on the foregoing resolution with the following result:
AYES Laura, Toy, Schwartz, Meakin, and McCann
NAYS None
The President declared the resolution adopted
There was no Audience Communication at the end of the meeting
On a motion by Toy, seconded by Meakin, and unanimously adopted,
this 1,679th Regular Meeting of the Council of the City of Livonia was adjourned at
856 p m
Terry AjVlarecki, City Clerk