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HomeMy WebLinkAboutCOUNCIL MINUTES 2010-02-24 37458 MINUTES OF THE ONE THOUSAND SIX HUNDRED FIFTY FIRST REGULAR MEETING OF FEBRUARY 24, 2010 On February 24, 2010, 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 Councilmember Meakin led the meeting with the Pledge of Allegiance Roll was called with the following result: Brian Meakin, Terry Godfroid- Marecki, Laura Toy, Maureen Miller Brosnan, John Pastor, and James McCann Absent: Joe Laura Elected and appointed officials present: Todd Zilincik, City Engineer; Karen Tesner, Director of Legislative Affairs, Mark Taormina, City Planner; Cathryn White, Chief Assistant City Attorney; Linda Grimsby, City Clerk, and Mayor Jack Kirksey On a motion by Toy, seconded by Meakin, and unanimously adopted, it was #55-10 RESOLVED, that the Minutes of the 11650th Regular Meeting of the Council held February 10, 2010, are hereby approved as submitted Councilmember Toy presented a Commendation on behalf of City Council and Mayor Kirksey to honor long-time City employee, Yvonne Lillibridge Toy indicated Ms Lillibridge will retire from the City at the end of February and stated she first began her career with the City in 1974 as an Account Clerk. The Commendation indicated Ms Lillibrdge spent her entire career with the City working in the Accounting Department and served under five (5) Mayors, 30 Council members, five (5) City Clerks, six (6) City Treasurers, three (3) Finance Directors, five (5) Chief Accountants and five (5) Assistant Chief Accountants In addition, the Commendation stated Ms Lillibridge served in various capacities for the City Employees' Union for many years and on the Board of Trustees of the Livonia Employees Retirement System for five years Mayor Kirksey congratulated Ms Lillibridge for her many years of service and thanked her and her husband for remaining residents of the City Further, Councilmembers thanked Ms Lillibridge for Regular Meeting Minutes of February 24, 2010 37459 her many years of dedicated and devoted service as a City employee and wished her much happiness in her retirement years Mayor Kirksey addressed Council to announce the City's website recently encountered much difficulty and subsequently "crashed" due to an overwhelming response to the Housing Commission's announcement to accept Section 8 Housing applications Mayor Kirksey stated the technical problems have been resolved with the City's website, however, many residents who were signed up to receive email notifications for Snow Emergencies may have received a duplicate message indicating the City is under a Snow Emergency as of the time of the meeting Mayor Kirksey advised residents there was no current Snow Emergency issued and stated this was a technical backlash from the City's website previously crashing and the situation has now been remedied Mayor Kirksey thanked residents for their cooperation and understanding There was no Audience Communication at the beginning of the meeting On a motion by Pastor, seconded by Brosnan, it was #56-10 RESOLVED, that having considered a communication from the City Clerk, dated January 6, 2010, forwarding an application submitted by Liping Meldrum, 23291 Crystal Drive, Clinton Township, Michigan 48036, for a massage therapist 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 #57-10 RESOLVED, that having considered a communication from the City Clerk, dated January 6, 2010, forwarding an application submitted by Ke Zhang Tang, 18174 Wingate Drive, Macomb, Michigan 48042, 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 #58-10 RESOLVED, that having considered a communication from the City Clerk, dated February 8, 2010, forwarding an application submitted by Catina Jariett, 21513 St. Francis, Farmington Hills, Michigan 48336, for a massage therapist 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 Regular Meeting Minutes of February 24, 2010 37460 #59-10 RESOLVED, that having considered a communication from the Mayor, dated February 3, 2010, concerning the reappointment of Richard W McDowell to the Board of Ethics, and pursuant to Section 2 200 070 of the Livonia Code of Ordinances, as amended, the Council does hereby consent to and confirm the reappointment of Richard W McDowell, 19538 Norwich, Livonia, Michigan 48152, to the Board of Ethics for a three year term commencing March 1, 2010, and expiring March 1, 2013 #60-10 RESOLVED, that having considered the report and recommendation of the Director of the Housing Commission, dated February 8, 2010, which bears the signature of the Director of Finance and is approved for submission by the Mayor, and to which is attached a report containing an explanation of the proposed 2010-2011 Community Development Block Grant (CDBG) Program and tentative Budget, the Council does hereby take this means to indicate its informal approval of the proposed Program and tentative Budget and does further authorize the Housing Commission to conduct a second public hearing on this matter for public comment and to thereafter prepare a final Program and Budget for submission to the City Council #61-10 RESOLVED, that having considered a communication from the Chairman of the Water and Sewer Board, dated February 4, 2010, 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 4037 2/10, wherein the Board concurs in the recommendation made by the Superintendent of Public Service - Operations, dated January 8, 2010, the Council does hereby accept the unit price bid of East Jordan Iron Works, 301 Spring Street, P 0 Box 439, East Jordan, Michigan 48727, for supplying the Public Service Division (Water Maintenance Section) with water service parts and fittings for the estimated total cost of $19,577 00 for the City's 2010 calendar year requirements, 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 #62-10 RESOLVED, that having considered a communication from the Chairman of the Water and Sewer Board, dated February 5, 2010, 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 4033 2/10, wherein the Board concurs in the recommendations made by the Assistant City Engineer, dated January 26, 2010, the Council does hereby accept the proposal dated January 14, 2010, from Hydro Designs, Inc , 5700 Crooks Road, Suite 100, Troy, Michigan 48098, in the amount of $351,900 00 ($117,300 00 per year) for providing a Cross Connection Control Program for the City of Livonia for a period of three years with the Regular Meeting Minutes of February 24, 2010 37461 option to extend the agreement for an additional two (2) years if performance has been satisfactory; FURTHER, the Council does hereby authorize an expenditure in an amount not to exceed $351,900 00 (or $117,300 00 per year) from funds budgeted in Account No 592-559-818-000 (Water and Sewer Contractual Services) for this purpose, FURTHER, the Mayor and City Clerk are hereby authorized, for and on behalf of the City of Livonia, to execute an agreement with the aforesaid company and to do all other things necessary or incidental to the full performance of this resolution, FURTHER, the Council does hereby take this 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 2 and 4 of the Livonia Code of Ordinances, as amended #63-10 RESOLVED, that having considered a communication from the Director of Public Works and the Superintendent of Parks and Recreation, dated February 4, 2010, which bears the signature of the Director of Finance and is approved for submission by the Mayor, and a communication from the Chairman of the Water and Sewer Board, dated February 4, 2010, which sets forth Water and Sewer Board resolution WS 4040 2/10, wherein the Board concurs in the recommendations made by the Superintendent of Public Service - Operations, dated January 28, 2010, the Council does hereby accept the following bids 1 G & B Electrical Co , 5393 Deerfield Village Road, West Bloomfield, Michigan 48322, for completing all work in connection with emergency power and generator transfer switch for the Community Recreation Center, in the total amount of $42,650 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 $2,782 50 to JFR Architects, PC, 33668 Bartola Drive, Sterling Heights, Michigan 48312, for construction, observation and administration costs in connection with this work, FURTHER, the Council does hereby authorize an expenditure in an amount not to exceed $45,432 50 from funds already budgeted in Account No 208-755-976-000 for this purpose 2 G & B Electrical Co , 5393 Deerfield Village Road, West Bloomfield, Michigan 48322, for completing all work in connection with emergency power and generator transfer switch for the Equipment Maintenance Building in the total amount of $12,680 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 $1,192 50 to JFR Architects, PC, 33668 Bartola Drive, Sterling Heights, Michigan 48312, for construction, observation Regular Meeting Minutes of February 24, 2010 37462 and administration costs in connection with this work; FURTHER, the Council does hereby authorize an expenditure in an amount not to exceed $13,872 50 from funds already budgeted in Account No 592-559-140-000 for this purpose 3 McNulty Electric, Inc , 7070 S Lakeshore, Lexington, Michigan 48450, for completing all work in connection with emergency power and generator transfer switch for the Water and Sewer Building in the total amount of $15,800 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 $1,192 50 to JFR Architects, PC, 33668 Bartola Drive, Sterling Heights, Michigan 48312, for construction, observation and administration costs in connection with this work; FURTHER, the Council does hereby authorize an expenditure in an amount not to exceed $16,992 50 from funds already budgeted in Account No 592-559-140-000 for this purpose FURTHER, the Director of Public Works 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 bidders and architect and to do all other things necessary or incidental to the full performance of this resolution #64-10 RESOLVED, WHEREAS, the City of Livonia hereafter referred to as the "Governmental Body," periodically applies to the Michigan Department of Transportation, hereinafter referred to as the "Department," for permits referred to as "Permit," to construct, operate, use and/or maintain utility or other facilities, or to conduct other activities, on, over, and under state trunkline right of way at various locations within and adjacent to its corporation limits, NOW, THEREFORE, in consideration of the Department granting such Permit, the Governmental Body agrees that: Each party to this Agreement shall remain responsible for any claims arising out of their own acts and/or omissions during the performance of this Agreement, as provided by law This Agreement is not intended to increase either party's liability for, or immunity from, tort claims This Agreement is not intended nor shall it be interpreted, as giving either party hereto a right of indemnification, either by Agreement or at law, for claims arising out of the performance of this Agreement. Regular Meeting Minutes of February 24, 2010 37463 1 Any work performance for the Governmental Body by a contractor or subcontractor will be solely as a contractor for the Governmental Body and not as a contractor or agent of the Department. Any claims by any contractor or subcontractor will be the sole responsibility of the Governmental Body The Department shall not be subject to any obligations or liabilities by vendors and contractors of the Governmental Body, or their subcontractors or any other person not a party to the Permit without its specific prior written consent and notwithstanding the issuance of the Permit. Any effort by either party to impose a right of indemnification upon the other by or through other general conditions or supplemental conditions shall be void and unenforceable 2 The Governmental Body shall take no unlawful action or conduct, which arises either directly or indirectly out of its obligations, responsibilities, and duties under the Permit which results in claims being asserted against or judgment being imposed against the State of Michigan, the Michigan Transportation Commission, the Department, and all officers, agents and employees thereof and those contracting governmental bodies performing permit activities for the Department and all officers, agents, and employees thereof, pursuant to a maintenance contract. In the event that the same occurs, for the purposes of the Permit, it will be considered as a breach of the Permit thereby giving the State of Michigan, the Department, and/or the Michigan Transportation Commission a right to seek and obtain any necessary relief or remedy, including, but not by way of limitation, a judgment for money damages 3 It will, by its own violation and/or request by the Department, promptly restore and/or correct physical or operating damages to any State trunkline right of way resulting from the installation, construction, operation and/or maintenance of the Governmental Body's facilities according to a Permit issued by the Department. 4 With respect to any activities authorized by Permit, when the Governmental Body requires insurance on its own or its contractor's behalf it shall also require that such policy include as named insured the State of Michigan, the Transportation Commission, the Department, and all officers, agents, and employees thereof and those governmental bodies performing permit activities for the Department and all officers, agents, and employees thereof, pursuant to a maintenance contract. Regular Meeting Minutes of February 24, 2010 37464 5 The incorporation by the Department of this resolution as part of a Permit does not prevent the Department from requiring additional performance security or insurance before issuance of a Permit. 6 This resolution shall continue in force from this date until cancelled by the Governmental Body or the Department with no less than thirty (30) days prior written notice to the other party It will not be cancelled or otherwise terminated by the Governmental Body with regard to any Permit which has already been issued or activity which has already been undertaken BE IT FURTHER RESOLVED, that the following position(s) are authorized to apply to the Michigan Department of Transportation for the necessary permit to work within state trunkline right of way on behalf of the Governmental Body Name Title Kevin L. Maillard Director of Public Works Todd Zilincik City Engineer #65-10 RESOLVED, that having considered a communication from the Director of Public Works, dated January 15, 2010, approved for submission by the Mayor, the Council does hereby approve the request of Florence Cement, 12798 23 Mile Road, Shelby Township, Michigan 48315, for the placement of a temporary portable concrete batch plant on City property located on Glendale Street for the purpose of producing concrete for MDOT, Contract No 82457-106884, from May through September, 2010, for the reconstruction of Schoolcraft Road from over 1-96 to Scone Court subject to the following conditions 1 Florence Cement shall provide a Certificate of Insurance on all contractor operations 2 Florence Cement shall defend and hold harmless the City and its agents, for wrongdoing occurring on the site that is the direct result of the contractor's occupancy 3 Florence Cement shall grade and restore the site to its original condition, or better, directly upon completion of activities 4 Florence Cement shall secure the site as directed by the DPW Regular Meeting Minutes of February 24, 2010 37465 5 Florence Cement shall keep the premises dust free in accordance with the permit issued by the Wayne County Health Department Air Pollution Control Division 6 Florence Cement shall abide by all existing laws and regulations, both local and State, pertaining to erosion, siltation and pollution of watercourses 7 Florence Cement shall obtain all necessary permits from the City of Livonia and abide by all local Ordinances 8 Florence Cement shall pay to the City of Livonia the sum of $2,700 00 per month, beginning when the portable batch plant arrives on site and ending when it is removed #66-10 RESOLVED, that having considered the report and recommendation of the City Engineer, dated February 5, 2010, 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 authorize a one-year extension of the existing contract with R S Contracting Inc , 9276 Marine City Hwy , Casco, Michigan 48064, for completing all work required in connection with the City's 2010 Lane Line Marking Program — Contract 10-H at their 2009 unit bid pricing for the estimated total cost of$105,000 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 2009 unit bid prices, FURTHER, the Council does hereby authorize the expenditure of funds already budgeted in Account No 202-463-818-118 (Contractual Services — Lane Line Marking) for this purpose, FURTHER, the Council does hereby authorize this service 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, 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 company and to do all other things necessary or incidental to the full performance of this resolution #67-10 RESOLVED, that having considered a communication from the City Engineer, dated February 5, 2010, approved by the Director of Public Works and approved for submission by the Mayor, to which is attached various lists of sidewalks requiring installation or replacement within miscellaneous locations throughout the City of Livonia, said list being included herein by reference, in connection with the 2010 Sidewalk Repair Program and for reasons stated, the Council does hereby require the respective owners of lots and premises Regular Meeting Minutes of February 24, 2010 37466 referred to in said list to install or to remove and replace sidewalk at such premises, and the City Clerk is hereby requested to do all things necessary to carry out the provisions of this resolution which is made pursuant to Section 12 04 340 of the Livonia Code of Ordinances, as amended, FURTHER, said notice shall set forth that the respective owners of lots and premises herein referred to shall complete said sidewalk work no later than June 1, 2010, after which date the Engineering Division shall arrange for the construction and/or reconstruction of the said sidewalks, FURTHER, the Council does hereby authorize the construction and/or reconstruction of various sections of sidewalks and crosswalks at several locations within the City inasmuch as the same are the City's responsibility #68-10 RESOLVED, that having considered a communication from the Department of Public Works, dated January 22, 2010, which bears the signatures of the Director of Finance and the City Attorney and is approved for submission by the Mayor, concerning the inclusion in the local street system, for Act 51 revenue computation purposes, of the following street: Hunters Park Court Length 1,010 44 ft. Termini Westbound Plymouth Road to Development: Hunters Park Court End (See Attached Legal Description) Hunters Park Site Condominiums Location S W % of Section 30 the Council does hereby authorize the City Engineer acting as the Street Administrator to apply to the Michigan Department of Transportation for the inclusion of said street in the City's local street system for purposes of computing the City's share of Act 51 revenues, AND BE IT FURTHER RESOLVED THAT the said street is an approved public street and is open for public purposes, and FURTHER, that said street is accepted into the City's local street system and is located within rights-of-way under the control of the City of Livonia and that said street was open to the public as of December 31, 2009 #69-10 RESOLVED, that having considered a communication from the City Planning Commission, dated February 1, 2010, which transmits its resolution 01-08-2010, adopted on January 26, 2010, with regard to Petition 2009-12-02-21, submitted by Leidal & Hart Mason Contractors requesting waiver use approval to operate a contractor's yard in an M-1 district on property located on the east side of Globe Road, between Plymouth Road and Amrhein Road (12100 Globe), in the Southwest 1/4 of Section 29, which property is zoned M-1, the Regular Meeting Minutes of February 24, 2010 37467 Council does hereby concur in the recommendation made by the City Planning Commission and Petition 2009-12-02-21 is hereby approved and granted, subject to the following conditions 1 That the Site Plan marked Exhibit No PSP-III prepared by Cunningham-Limp Company, as submitted to the Planning Commission on December 16, 2009, is hereby approved and shall be adhered to, 2 That the visitor and employee parking spaces shown on the site plan shall be double striped, including the provision of barrier free parking, and all regular parking spaces shall be 10' x 20' in size as required, 3 That the outdoor storage of trailers, cranes, commercial vehicles, contractor's equipment and materials shall be limited to the designated locations as shown on the above referenced Site Plan and shall be maintained in an orderly manner; 4 That there shall be no outdoor storage of disabled or inoperative equipment and vehicles, scrap material, debris and other similar items, 5 That the contractor's yard shall be hard surfaced with crushed rock or gravel prior to the issuance of the Certificate of Occupancy by the Inspection Department and shall be maintained in a dust proof condition, and said storage area shall be properly graded and drained to dispose of all surface water in a manner as approved by the Engineering Division, 6 That all landscaped and sodded areas shall be permanently maintained in a healthy condition, and 7 That the plan referenced in this approving resolution shall be submitted to the Inspection Department at the time of application for the Certificate of Occupancy #70-10 RESOLVED, that having considered a communication from the City Planning Commission, dated February 1, 2010, which transmits its resolution 01-08-2010, adopted on January 26, 2010, with regard to Petition 2009-12-02-21, submitted by Leidal & Hart Mason Contractors requesting waiver use approval to operate a contractor's yard in an M-1 district on property located on the east side of Globe Road, between Plymouth Road and Amrhein Road (12100 Globe), in the Southwest 1/4 of Section 29, which property is zoned M-1, the Council does hereby waive the requirement set forth in Section 16 11(b)(4) of the Zoning Ordinance that stockpiling of materials shall not exceed eight (8) feet in height in connection with the approval of Regular Meeting Minutes of February 24, 2010 37468 waiver use Petition 2009-12-02-21, and stockpiling in excess of eight (8) feet be permitted #71-10 RESOLVED, that having considered a communication from Councilmember Maureen Miller Brosnan, dated February 2, 2010, regarding the future use of the former 16th District Court Building, the Council does hereby refer this matter to the Capital Improvement, Natural Resources and Waste Management Committee for its report and recommendation A roll call vote was taken on the foregoing resolutions with the following result: AYES Meakin, Godfroid-Marecki, Toy, Brosnan, Pastor, and McCann NAYS None President McCann relinquished the Chair to Councilmember Toy at 8 16 p m and stepped down from the podium to avoid any perceived conflict of interest. On a motion by Pastor, seconded by Meakin, it was #72-10 RESOLVED, that having considered a communication from the Mayor, dated February 3, 2010, concerning the reappointment of James R McCann to the Board of Ethics, and pursuant to Section 2 200 070 of the Livonia Code of Ordinances, as amended, the Council does hereby consent to and confirm the reappointment of James R McCann, 15722 Golfview, Livonia, Michigan 48154, to the Board of Ethics for a three year term commencing March 1, 2010, and expiring March 1, 2013 A roll call vote was taken on the foregoing resolution with the following result: AYES Meakin, Godfroid-Marecki, Brosnan, Pastor, and Toy NAYS None Councilmember Toy declared the resolution adopted At 8 17 p m , President McCann returned to the podium and resumed the gavel On a motion by Toy, seconded by Godfroid-Marecki, and unanimously adopted, it was #73-10 RESOLVED, that having considered a communication from the City Planning Commission, dated February 1, 2010, which Regular Meeting Minutes of February 24, 2010 37469 transmits its resolution 01-09-2010 adopted on January 26, 2010, with regard to a request from EDCO Real Estate Ventures, L.L.0 for approval of the Landscape Plan in connection with Petition 2005-03- 08-05, which previously received approval on September 9, 2009, (Council Resolution No 385-09) regarding a proposal to construct an addition and renovate the exterior of the service station on property located on the southwest corner of Wayne Road and Ann Arbor Trail (34901 Ann Arbor Trail) in the Southwest 1/4 of Section 33, the Council does hereby concur in the recommendation of the Planning Commission and the Landscape Plan in connection with Petition 2005- 03-08-05 is hereby approved and granted, subject to the following conditions 1 That the Landscape Plan marked sheet No A-01 dated November 16, 2009, as revised, prepared by Ghassan Khalaf, is hereby approved and shall be adhered to, 2 That street trees, as specified in Section 18 45 of the Zoning Ordinance, shall be planted along the subject property's street frontages subject to approval by the Planning Department; 3 That all disturbed lawn areas shall be sodded in lieu of hydroseeding, 4 That underground sprinklers are to be provided for all landscaped and sodded areas and all planted materials shall be installed to the satisfaction of the Inspection Department and thereafter permanently maintained in a healthy condition, and, 5 That all other conditions imposed by Council Resolution #385- 09, which granted approval to construct an addition and renovate the exterior of the service station, shall remain in effect to the extent that they are not in conflict with the foregoing conditions A communication from Council Vice President Joe Laura, dated February 22, 2010, re requesting the subject matter concerning approval to utilize an SDM license as submitted by Walgreen Company for store located at 17001 Newburgh Road, be removed from the meeting Agenda, was received and placed on file for the information of the Council (Petition 2009-12-02-18) At the direction of the Chair, Item #18 was removed from the Agenda and President McCann indicated the matter would be moved to the Regular meeting of Council scheduled for March 24, 2010 Regular Meeting Minutes of February 24, 2010 37470 On a motion by Pastor, seconded by Brosnan, and unanimously adopted, it was #74-10 RESOLVED, that having considered a communication from the City Librarian, dated January 6, 2010, 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 total amount of $68,305 00, from the sources indicated therein for use by the Livonia Public Library as indicated in the aforesaid communication, FURTHER, the Council does hereby appropriate and credit the amount of $34,195 00 to Account No 702-000-285-271, $16,030 00 to Account No 702-000-285-272, and $18,080 00 to Account No 702-000-285- 273 for the purposes as designated by the donors There was no Audience Communication at the end of the meeting On a motion by Toy, seconded by Pastor, and unanimously adopted, this 1,651st Regular Meeting of the Council of the City of Livonia was adjourned at 8 20 p m circa, SitiI2L114_, Linda Grimsby, City Cler