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HomeMy WebLinkAboutCOUNCIL MINUTES 2007-04-25 36181 MINUTES OF THE ONE THOUSAND FIVE HUNDRED EIGHTY-THIRD REGULAR MEETING OF APRIL 25, 2007 On April 25, 2007, 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 Godfroid-Marecki delivered the invocation Roll was called with the following result: Terry Godfroid-Marecki, Joe Laura, Thomas Robinson, Gerald Taylor, Donald Knapp, Brian Meakin, and James McCann Absent: None Elected and appointed officials present: Robert Schron, City Engineer; Mark Taormina, City Planner; Sean Kavanagh, City Attorney; Val Vandersloot, City Clerk, Evelyn Goudreau, Community Resources, Rosanne Martell, Cable Commissioner; Lowell Peterson, Cable Commissioner; Neal Rifkin, Cable Commissioner; and Mayor Jack Engebretson On a motion by Robinson, seconded by Knapp, and unanimously adopted, it was #158-07 RESOLVED that the Minutes of the 1,582nd Regular Meeting of the Council held April 11, 2007 are hereby approved as submitted There was no audience communication at the beginning of the meeting Mayor Engebretson presented a commendation to honor longtime City volunteer, Stan Dobis Accepting the commendation on behalf of their late father were daughters Carole Dominick and Dr Linda Dobis, as well as several grandchildren of Mr Dobis Council President McCann congratulated Livonia's Ford Transmission Plant on receiving the "Clean Corporate Citizen Award" again from the Michigan Department of Environmental Quality Regular Meeting Minutes of April 25, 2007 36182 A communication from the Department of Finance, dated March 29, 2007, re forwarding various financial statements of the City of Livonia for the month ending February 28, 2007, was received and placed on file for the information of the Council On a motion by Taylor, seconded by Knapp, it was #159-07 RESOLVED, that having considered a communication from the Mayor, dated April 9, 2007, wherein it is recommended that the City renew the agreement between the City of Livonia and the Traffic Improvement Association (TIA) for the year 2007, for providing City staff with assistance in traffic consulting, management and planning, the Council does hereby approve this request to renew the agreement and hereby authorizes the City's membership in the Traffic Improvement Association (TIA), 2187 Orchard Lake Road, Suite 140, Sylvan Lake, Michigan 48320-1778 for the calendar year 2007, FURTHER, the Council does hereby appropriate and authorize an expenditure in the amount of $31,400 00 from funds already budgeted in Account No 202-475-813-000 (Major Street Fund - Professional Services) for this purpose #160-07 RESOLVED, that having considered the report and recommendation of the Fire Chief, dated April 5, 2007, which bears the signature of the Director of Finance and the Public Safety Director and is approved for submission by the Mayor, the Council does hereby authorize the purchase of six (6) Panasonic CF-19 Toughbook Tablet computers to be used in conjunction with the Fire Department's new EMS Electronic Patient Care Record (ePCR) System from Advanced Wireless Telecomm, 49716 Martin Drive, Wixom, Michigan 48393, for a total price of $20,178 00, the same to be expended from funds already budgeted in Account No 101-336-971-000 for this purpose, FURTHER, the Council does hereby authorize the purchase of said items without competitive bidding in accordance with the provisions set forth in Section 3 04 140D4 of the Livonia Code of Ordinances, as amended #161-07 RESOLVED, that having considered the report and recommendation of the Superintendent of Parks and Recreation, dated March 23, 2007, which bears the signature of the Director of Finance and is approved for submission by the Mayor, the Council does hereby authorize the purchase of four (4) Jacobsen GreensKing 4 Plus Triplex Mowers (one mower each for Fox Creek and Idyl Wyld Golf Courses and two mowers for Whispering Willows Golf Course) and one Smithco Tournament Express Greens Roller (for Whispering Willows Golf Regular Meeting Minutes of April 25, 2007 36183 Course) from W F Miller Co , 26125 Trans-X, P 0 Box 605, Novi, Michigan 48376-0605, for a net price of $71,675 00, based on a total price of $81,775 00 less trade-ins of $10,100 00, FURTHER, the Council does hereby authorize the purchase of one (1) Toro Groundsmaster 3500-D (for Whispering Willows Golf Course) from Spartan Distributors, 487 W Division Street, P 0 Box 246, Sparta, Michigan 49345, for a total price of $27,316 81, FURTHER, the Council does hereby determine to authorize the said purchases without competitive bidding inasmuch as the same are based upon the low State of Michigan bid prices (under Contract Agreement Nos 071B6200184 and 07167200194), in accordance with the provisions set forth in Section 3 04 140D4 of the Livonia Code of Ordinances, as amended, FURTHER, the Council does hereby authorize the expenditure of funds already budgeted from Account Nos 409-000- 974-101 and 508-686-140-686 (Whispering Willows) for two mowers and the greens roller; Account No 508-687-140-687 (Idyl Wyld) for one mower; Account No 508-688-140-688 (Fox Creek) for one mower; and Account No 409-000-974-101 (Whispering Willows — Capital Improvement) for the Toro Groundsmaster #162-07 RESOLVED, that having considered the report and recommendation of the Superintendent of Parks and Recreation, dated March 23, 2007, 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 Star Trac, 14410 Myford Road, Irvine, California 92606, for supplying the Department of Parks and Recreation (Community Recreation Center) with seven (7) treadmills (Model 7600 Pro) for a net price of$27,265 00, based on a total price of$30,065 00 less trade-in of $2,800 00, and three (3) upright cycles (Model Star Trac Pro) for a net price of $4,185 00, based on a total price of $5,385 00 less trade-in of $1,200 00, FURTHER, the Council does hereby accept the bid of All-Pro, 24166 Haggerty Road, Farmington Hills, Michigan 48335, for supplying the Department of Parks and Recreation (Community Recreation Center) with seven (7) ellipticals or cross trainers (Model Precor EFX 5541) for a net price of $18,130 00, based on a total price of $24,080 00 less trade-in of $5,950 00, and three (3) recumbent cycles (Model Precor C846ir) for a net price of $4,875 00, based on a total price of $6,150 00 less trade-in of $1,275 00, the same having been in fact the lowest bids received and meet all specifications, FURTHER, the Council does hereby authorize the expenditure of the total sum of $54,455 00 from funds already budgeted in Account No 208-755-971-000 for this purpose #163-07 RESOLVED, that having considered the report and recommendation of the Water and Sewer Board, dated April 4, 2007, which bears the signature of the Director of Finance and is approved for submission by the Mayor, which transmits its resolution WS 3725 Regular Meeting Minutes of April 25, 2007 36184 04/07 wherein the Board concurs in the recommendation of the Public Utility Manager in a letter dated March 23, 2007, attached thereto, the Council does hereby accept the bid of Wolverine Tractor & Equipment Company, 25900 West Eight Mile Road, Southfield, Michigan 48034, to supply the Public Service Division (Water and Sewer Section) with one (1) Case 580SM CX2 loader backhoe for a net price of $42,500 00, based on a total price of $62,500 00 less trade-in of $20,000 00, the same having been in fact the lowest bid received and meets all specifications, FURTHER, the Council does hereby authorize the expenditure of the total sum of $42,500 00 from funds already budgeted in Account No 592-559-140-000 for this purpose #164-07 RESOLVED, that having considered the report and recommendation of the Superintendent of Public Service and the Director of Public Works, dated March 28, 2007, 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 The ODB Company, Inc , 5118 Glen Alden Drive, Richmond, Virginia 23231, for supplying the Public Service Division (Road Maintenance Section) with two (2) trailer-mounted leaf collectors (Model LCT600) for a total price of $33,420 00, the same having been in fact the lowest and only bid received and meets all specifications, FURTHER, the Council does hereby authorize the expenditure of the total sum of $33,420 00 from funds already budgeted in Account No 205-527-987-000 for this purpose #165-07 RESOLVED, that having considered the report and recommendation of the Assistant Superintendent of Public Service and the Director of Public Works, dated March 23, 2007, 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 Brendel's Septic Tank Service, LLC, 9481 Highland Road, White Lake, Michigan 48386, to provide portable toilet service for the seasonal use placements and the special events for 2007 for the total cost of $29,975 00, the same having been the second lowest bid received and meets all specifications, FURTHER, the bid of Great Lakes Sanitation is hereby rejected for the reasons listed in the aforementioned report and recommendation #166-07 RESOLVED, THAT WHEREAS, under the provisions of Title I of the Housing and Community Development Act of 1974, as amended, the Secretary of Housing and Urban Development is authorized to make grants to units of local government to help finance community development programs, and WHEREAS, the primary objective of such Act is the development of viable urban communities by providing decent housing and suitable Regular Meeting Minutes of April 25, 2007 36185 living environment and expanding economic opportunities, principally for persons of low and moderate income, and WHEREAS, to obtain its Fiscal Year 2007-2008 entitlement funds under the Community Development Block Grant Program as authorized by the Housing Community Development Act of 1974, the City of Livonia must submit a statement of community development objectives and project use of funds, satisfactory assurances that the Program will be conducted and administered in accordance with appropriate federal and state laws and Department of Housing and Urban Development regulations, and satisfactory assurances that, prior to submission of its Final Statement of Community Development Objectives and Projected Use of Funds, it has (A) provided citizens with adequate information concerning the amount of funds available for proposed community development and housing activities, the range of activities that may be undertaken, the estimated amount of those funds proposed to be used for activities that will benefit low and moderate income persons, and other important program requirements, (B) held a public hearing to obtain the views of citizens on community development and housing needs, and (C) provided citizens an adequate opportunity to examine the content of and to submit comments on the proposed Statement of Community Development Objectives and Projected Use of Funds NOW, THEREFORE, BE IT RESOLVED, by the City Council of Livonia, Michigan, that the Final Statement of Community Development Objectives and Projected Use of Funds for the Fiscal Year 2007-2008 Community Development Block Grant Program is hereby approved and shall be submitted to the Department of Housing and Urban Development. #167-07 WHEREAS, for more than 70 years it has been the policy of this nation, under the US Housing Act to promote the general welfare of the nation by employing its funds and credit to assist the several states and their political subdivisions to remedy the unsafe and unsanitary housing conditions and the acute shortage of decent, safe and sanitary dwellings for families of lower income, WHEREAS, according to the "State of the Nation's Housing" report, 15 6 million households now pay more than half of their income for housing, WHEREAS, according to current estimates, on any given night, there are nearly 755,000 homeless nationwide and up to 3 5 million persons who experience homelessness at some point throughout the year; Regular Meeting Minutes of April 25, 2007 36186 WHEREAS, according to the National Low-Income Housing Coalition's "Out of Reach" report, minimum wage earners are unable to afford even a one-bedroom home anywhere in the country, and 88% of renters in cities live in areas where the fair market rent for a two- bedroom rental is not affordable even with two minimum wage jobs, WHEREAS, according to the National Housing Conference, health care workers and many other working professionals are priced out of homeownership in the majority of U S metropolitan areas nationwide, WHEREAS, according to the Housing Assistance Council, 1 7 million (6 3 percent) of rural homes were considered substandard in 2005, WHEREAS, public housing is home to over 2 million people, moreover 40 percent of whom are children, and currently receive federal funding at less than 83 percent of need, WHEREAS, the National Association of Housing and Redevelopment Officials, American Federation of State, County and Municipal Employees, Housing Assistance Council, Local Initiatives Support Corporation, Mortgage Bankers Association, National Association of Counties, National Association of Home Builders, National Association of Realtors, National Council of State Housing Agencies, National Housing Conference, National League of Cities, National Low-Income Housing Coalition, and U S Conference of Mayors are united in an effort to raise public awareness of the importance of affordable housing and community development programs and resources, WHEREAS, during the period March 26 — April 9, 2007, the aforementioned groups will launch Housing America 2007, a national campaign to educate and inform the public and decision makers of the critical need to address the nation's housing and community development concerns, THEREFORE BE IT RESOLVED, that the City of Livonia which has, over a period of many years, endeavored to address affordable housing and community development needs and has been successful in doing so using a combination of local, state and federal resources hereby endorses the Housing America 2007 Campaign, its goals, objectives and purposes and in so doing recommits itself to meeting the affordable housing and community development needs of the community #168-07 RESOLVED, that having considered a communication from the Department of Law, dated April 4, 2007, approved for submission by the Mayor, submitted pursuant to Council Resolution Nos 648-03 and 840-99, regarding a proposed amendment to Zoning Regular Meeting Minutes of April 25, 2007 36187 Ordinance No 543, as amended, in connection with the outdoor storage of raw and recyclable paving materials at Nagle Paving Asphalt Recycling, located at 13301 Levan Road in the Northwest 1/4 of Section 29, the Council does hereby determine on its own motion to refer to and request that the City Planning Commission conduct a public hearing on the question of whether such amendment should be made, and thereafter submit a report and recommendation to Council #169-07 RESOLVED, that having considered the report and recommendation of the Superintendent of Parks and Recreation, dated April 12, 2007, 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 Michigan Playgrounds, 2127 112th Ave , Holland, Michigan 49424, for completing all work required in connection with the installation of a shelter at Devon Aire Park for the sum of $33,325 00, the same having been in fact the lowest bid received and meets all specifications, FURTHER, the Council does hereby authorize the expenditure of a sum not to exceed $33,325 00 from funds already budgeted in Account No 208-756-974-000 for this purpose, and the Superintendent of Parks and Recreation is hereby authorized to approve minor adjustments in the work as it becomes necessary; FURTHER, 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 Godfroid-Marecki, Laura, Robinson, Taylor, Knapp, Meakin, and McCann NAYS None On a motion by Laura, seconded by Taylor, it was #170-07 RESOLVED, that having considered communication from the Director of Finance, dated March 29, 2007, approved for submission by the Mayor, to which is attached a proposed Agreement between the City of Livonia and James H Karoub Associates, 121 West Allegan Street, Lansing, Michigan 48933, to act as the City's Legislative Consultant for the period January 1, 2007 through December 31, 2007 for an annual fee of $18,000 00, including all expenses, the Council does hereby approve the agreement in the manner and form submitted, and the Mayor and City Clerk are hereby authorized, for and on behalf of the City of Livonia, to affix their signatures to the said Agreement, subject to approval as to form by the Department of Law; FURTHER, the amount of $18,000 00 is hereby Regular Meeting Minutes of April 25, 2007 36188 authorized to be expended from funds already budgeted in Account No 101-277-838-000 for this purpose A roll call vote was taken on the foregoing resolution with the following result: AYES Godfroid-Marecki, Laura, Robinson, Taylor, and Meakin NAYS Knapp and McCann The President declared the resolution adopted On a motion by Knapp, seconded by Godfroid-Marecki, and unanimously adopted, it was #171-07 RESOLVED, that having considered a letter from Peggy Roberts, Executive Director, AAA Crisis Pregnancy Center, dated April 13, 2007, which requests permission to waive Section 8 32 070 (Noise Control) of the Livonia Code of Ordinances, in connection with the Annual Walk For Life Fundraiser, which will take place in Livonia on Saturday, May 5, 2007, to allow a live band to perform between the hours of 900 a m and 10 30 a m at 16751 Middlebelt Road, the Council does hereby grant and approve this request in the manner and form herein submitted Peggy Roberts, Executive Director, AAA Crisis Pregnancy Center, was present to answer questions of Council On a motion by Knapp, seconded by Robinson, and unanimously adopted, it was #172-07 RESOLVED, that having considered a communication from the City Librarian, dated March 29, 2007, 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 $64,535 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$44,535 00 to Account No 702-000-285-271, $10,000 00 to Account No 702-000-285-272, and $10,000 00 to Account No 702-000-285- 273 for the purposes as designated by the donors tiro' On a motion by Robinson, seconded by Godfroid-Marecki, it was Regular Meeting Minutes of April 25, 2007 36189 #173-07 RESOLVED, that having considered a communication from the Department of Law, dated April 13, 2007, approved for submission by the Mayor, 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, Kingsway Landscapinch Inc. v City of Livonia, et al A roll call vote was taken on the foregoing resolution with the following result: AYES Godfroid-Marecki, Laura, Robinson, Taylor, Knapp, 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 Knapp, seconded by Robison, and unanimously adopted, this 1,583rd Regular Meeting of the Council of the City of Livonia was adjourned at 8 22 p m on April 25, 2007 L-42 4-o-40141 Val Vandersloot, City Clerk