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HomeMy WebLinkAboutSYNOPSIS - 2012-08-29 th SYNOPSIS OF THE MINUTES OF THE 1,711 REGULAR MEETING LIVONIA CITY COUNCIL – AUGUST 29, 2012 Meeting was called to order at 8:00 p.m. Present: Thomas Robinson, Maureen Miller Brosnan, Brandon Kritzman, James McCann, John Pastor, and Laura Toy. Absent: Joe Laura. MAD #337-12 Resolution by Pastor and Robinson, unanimously adopted, approving the th FAT minutes of the 1,710 Regular Meeting of the Council held August 15, 2012. Councilmember James McCann presented Sister Rose Marie of Madonna University th with a commendation on their 75 Anniversary. Vice-President Pastor wished Terry Marecki, City Clerk, Happy Birthday. Terry Marecki, City Clerk, announced there will be a Special Election held on Wednesday, September 5, 2012. This is the first full day of school for many of the schools which are polling locations; she thanked the Livonia Public Schools for their cooperation with this unexpected election. Kritzman said he checked into the program where municipalities could get a piece of steel from the rubble from the 911 Terrorist Attack on the U.S.A. to be used in constructing a memorial, unfortunately the program was closed last spring; however, if one of the cities don’t follow through Livonia may have a chance at obtaining some of the steel to construct a 911 Memorial here in Livonia. th Robinson reminded the audience about the 40 Anniversary Celebration of the Livonia Symphony Orchestra that will be held at Laurel Park Office Center Atrium on Thursday, September 27, 2012, from 7:00 – 9:00 p.m. Further information can be obtained by calling (734) 427-2782. President Toy congratulated Dennis Wright, City Treasurer, and his wife, Karen, on their th 35 Wedding Anniversary, August 27, 2012. President Toy thanked the City employees for fielding all the calls from residents regarding the changes in the new water and sewer rates. President Toy announced there will be a 911 Ceremony held at the American Legion Post 32 on September 11, 2012 at 7:00 p.m.; all the dignitaries will be in attendance. President Toy asked for a moment of silence in honor of Jean Abbott who was a proud member of the community who passed away recently; she will be dearly missed. th SYNOPSIS OF THE MINUTES OF THE 1,711 REGULAR MEETING 2 LIVONIA CITY COUNCIL – August 29, 2012 President Toy announced there is new data on Items #11, #30, and #32; she also announced there is an X-item that will be discussed following tonight’s Agenda. AUDIENCE COMMUNICATION: Jerry Roulo, 32328 Allen, expressed his dismay with the newly adopted water and sewer rates. Andrew Konyha, Orchard, Hiltz, and McCliment, gave an update on the progress of the Plymouth Road Reconstruction Project at Farmington and Plymouth Roads; he said there was an emergency storm sewer repair that was unexpected and are currently 2 weeks behind schedule. The following items were received and filed: Communication from Department of Finance, dated August 22, 2012, re: delinquent water bill for the business at 37980 Ann Arbor Road (the location that the SDD License is being transferred from). Communication from the Michigan Liquor Control Commission, dated February 3, 2012, re: request from Rite Aid of Michigan, Inc. to transfer ownership of an escrowed 2011 SDD license. Communication from the Michigan Liquor Control Commission, dated August 19, 2011, re: a request from Food Services, LLC, to transfer interest in a 2011 Class C and SDM Licensed business located at 31735 Plymouth, Livonia, MI 48150. Letter from the Michigan Liquor Control Commission, dated, April 9, 2012, re: a request from J & A Kitchen, Inc. to transfer ownership of an escrowed 2011 Class C licensed business located at 34110 Plymouth Road, Livonia, MI 48150. Communication from the Law Department dated August 7, 2012, re: Administrative response to Council Resolution 277-12, to provide an analysis of the recently enacted Michigan Fireworks Safety Act (“FSA”) as well as Livonia Code of Ordinances (“Code”). (CR 277-12) Communication from the Law Department dated August 10, 2012, re: Administrative response to Council Resolution 300-12, re: the issue of the ability and processes available to raise revenue and/or levy a tax of up to 2 mills as related to the PRDA. (CR 300-12) Report from Jim Fausone, Chairman of the Detroit Board of Water Commissioners, dated July 25, 2012, re: Water & Sewer Consumption Rates, Industrial Surcharge Rate & Industrial Waste Control Charge, distributed at the August 13, 2012 Infrastructure and Community Transit Committee Meeting. (CR 199-10) th SYNOPSIS OF THE MINUTES OF THE 1,711 REGULAR MEETING 3 LIVONIA CITY COUNCIL – August 29, 2012 Communication from Sue McCormick, Director of City of Detroit Water and Sewerage Department, dated July 25, 2012, addressed to the Honorable Board of Water Commissioners for the City of Detroit, re: Director’s Report for the month of July 2012. (CR 199-10) Copy of a Detroit News article by Christine MacDonald, dated August 8, 2012, re: “Proposal: Cut 80% of Detroit Water Department Staff”, distributed at the August 13, 2012 Infrastructure and Community Transit Committee Meeting. (CR 199-10) Printout of information from the City of Livonia web site, re: Water rate information, distributed at the August 13, 2012 Infrastructure and Community Transit Committee Meeting. (CR 199-10) Communication from Marguerite Paster, dated August 29, 2012, re: expressing opposition to fixed cost assessed to residents’ new water and sewer bill rates. (CR 199- 10) Communication from Councilmember Thomas Robinson, dated August 27, 2012, directed to Jim Fausone, Chairman of the Board of Water Commissioners for the City of Detroit, re: expressing support for a cap on future water rates. (CR 199-10) Communication from Department of Law, dated August 8, 2012, re: proposed amendment to the Livonia Code of Ordinances, Chapter 32 (Property Maintenance Code). Communication from Department of Law, dated August 21, 2012, re: proposed amendment to Zoning Ordinance for Petition 2012-06-01-03. The following resolutions were offered by McCann and Pastor: MAD #338-12 Approving the request of Denise Justice, 32449 Washington, to hold a FAT block party and close Washington between Hubbard and Indiana, on Saturday Police September 8, 2012, from 12:00 - 10:00 p.m., with a rain date of Saturday, September 15, 2012, subject to the approval of the Police Department. MAD #339-12 Approving the request of Caren Shatter, 15642 Sussex, to hold a block FAT party and close Sussex between Fitzgerald and Sherwood, on Saturday September 8, Police 2012, from 1:00 - 10:00 p.m., with a rain date of Sunday, September 9, 2012, subject to the approval of the Police Department. #340-12 Approving the request of Chad A. Kundinger, 28035 North Clements MAD FAT Circle, to hold a block party and close Clements Circle N., between Harrison and Police Clements Circle E., on Saturday September 22, 2012, from 4:00 - 10:00 p.m., subject to the approval of the Police Department. th SYNOPSIS OF THE MINUTES OF THE 1,711 REGULAR MEETING 4 LIVONIA CITY COUNCIL – August 29, 2012 MAD #341-12 Approving a request submitted by Rosemary Astfalk, 24300 Civic Center FAT #804, Southfield, MI 48033, for a massage therapist permit in accordance with Chapter OrdEnf 5.49 of the Livonia Code of Ordinances, as amended. Police MAD #342-12 Approving a request submitted by Michael David Hess, 39626 Hillary FAT Drive, Canton, MI 48187, for a massage therapist permit in accordance with Chapter OrdEnf 5.49 of the Livonia Code of Ordinances, as amended. Police MAD #343-12 Approving a request submitted by Anthony Rayford, 8246 Woodcrest, Apt. FAT 2, Westland, MI 48185, for a massage apprentice permit in accordance with Chapter OrdEnf 5.49 of the Livonia Code of Ordinances, as amended. Police MAD #344-12 Approving a request submitted by Valerie Gibson, 1420 Sauk Trail, FAT Tecumseh, MI 49286-1634, for a massage apprentice permit in accordance with OrdEnf Chapter 5.49 of the Livonia Code of Ordinances, as amended. Police MAD #345-12 Approving a request submitted by Aleta Hollins, 30028 W. 12 Mile Rd., FAT Unit 32, Farmington Hills, MI 48334-3918, for a massage apprentice permit in OrdEnf accordance with Chapter 5.49 of the Livonia Code of Ordinances, as amended. Police #346-12 Approving a request submitted by Michelle Clemens, 9950 Levan Rd., MAD FAT Livonia, MI 48150-2533, for a Massage Establishment License, for a business named OrdEnf Tri Life Connection, LLC, which is proposed to be located at 39293 Plymouth Rd., Suite Police 109D, Livonia, MI 48150, and in accordance with Chapter 5.49 of the Livonia Code of Ordinances. MAD #347-12 Approving a request submitted by Michelle Clemens, 9950 Levan Rd., FAT Livonia, MI 48150-2533, for a massage therapist permit in accordance with Chapter OrdEnf 5.49 of the Livonia Code of Ordinances, as amended. Police MAD #348-12 Determining to take no further action with regard to the request from Rite FAT Aid of Michigan, Inc., to transfer ownership of an escrowed 2011 SDD license from Insp Apex Drug Stores, Inc., and transfer the location from 37980 Ann Arbor Rd., Livonia, MI Planning 48150, in conjunction with an existing 2011 SDM license for the business located at Police Fire 37355 Eight Mile Rd., Livonia, MI 48152. MAD #349-12 Determining to take no further action with regard to the request from Food FAT Services of Livonia LLC to transfer interest in a 2011 Class C and SDM Licensed Insp business by dropping Mario Ledda, deceased, as a member through a transfer of 50% Planning Police interest to a new member, Barbara Ledda, for the business located at 31735 Plymouth Fire Rd., Livonia, MI 48150. MAD #350-12 Approving a request from Joe’s Produce for a new SDM License to be FAT located at 33066 W. Seven Mile Rd., Livonia, MI 48152. Insp Planning Police Fire th SYNOPSIS OF THE MINUTES OF THE 1,711 REGULAR MEETING 5 LIVONIA CITY COUNCIL – August 29, 2012 MAD #351-12 Approving a request from J & A Kitchen, Inc., for transfer of ownership of a FAT 2011 Class C licensed business from Sterling Mortgage & Investment Company; and to Insp transfer location from 28455 Plymouth Rd., Livonia, MI 48150, for a business located at Planning 34110 Plymouth Rd., Livonia, MI 48150. Police Fire #352-12 Accepting the bid of Seaway Painting, LLC, 31801 Schoolcraft Rd., MAD Livonia, MI 48150, for completing all work required in connection with the repair and FAT painting of the jail floor in the amount of $17,962.00. Police MAD #353-12 Accepting the bid of MAS Electrical Services, Inc., 32940 Capitol, Livonia, FAT MI 48150, for supplying the Police Department with a new generator in the amount of Police $184,590.00. #354-12 Accepting the bid of Global Gov/Ed Solutions, Inc., 6990 US Route 36 MAD FAT East, Fletcher, OH 45329, for the purchase of 165 Microsoft Office 2010 Licenses at the Police price of $350.20 per license, for a total price of $57,783.00. Fire #355-12 Accepting the bid of Allie Brothers, Inc., 20295 Middlebelt, Livonia, MI MAD FAT 48152, for supplying the Division of Police with police uniforms, for a total estimated Police price of $63,662.40, which unit prices shall remain in effect for a two (2) year period. MAD #356-12 Authorizing the purchase of one (1) 2012 Chevrolet Caprice 9C1 police FAT patrol vehicle, to replace a vehicle totaled in an accident, from Shaheen Chevrolet, 632 Police American Rd., Lansing, MI 48911, in the amount of $26,823.10, through the Oakland County Bid/Purchasing Consortium pricing. MAD #357-12 Authorizing the purchase of a one (1) year support agreement for the FAT “Offendertrak” Jail Management System, from Motorola Solutions, 13108 Collections Police Center Drive, Chicago, IL 60693, in the amount of $15,975.00 from budgeted funds. #358-12 Authorizing the purchase of 135 Model X2 Tasers, holsters, power MAD magazines, four-year extended warranty and 270 cartridges from Michigan Taser FAT Police Distributing, 10422 Londonderry Drive, South Lyon, MI 48178, in the amount of $170,328.15 (including trade-ins) from budgeted funds. MAD #359-12 Accepting the bid of Old Dominion Brush Co., 5118 Glen Alden Drive, FAT Richmond, VA 23231, for supplying the Public Service Division with one (1) 2012 Trailer-Mounted Debris Collector, for a total price of $19,450.00 (including trade-in). MAD #360-12 Accepting the bid of Great Lakes Power Lift, 2006 Tobsal Court, Warren, FAT MI, 48091, for supplying the Public Service Division with one (1) 4,000 Pound Propane Powered Pneumatic Tire Forklift, for a total price of $22,139.44 (including trade-in). #361-12 Appropriating and authorizing an expenditure in the sum of $55,397.00 MAD from the unexpended fund balance of the Water and Sewer Fund (592) to be paid to FAT Eng Stante Excavating Co., Inc., 49612 Liberty Drive, Wixom, MI 48393, for completing all th SYNOPSIS OF THE MINUTES OF THE 1,711 REGULAR MEETING 6 LIVONIA CITY COUNCIL – August 29, 2012 work required in connection with the Stream Bank Stabilization to complete the emergency repair adjacent to the existing 42 inch sanitary sewer; and the City Engineer is hereby authorized to approve minor adjustments in the work as it becomes necessary. #362-12 Appropriating and authorizing an additional expenditure in an amount not MAD to exceed $88,191.20, to be paid to Lawrence M. Clark, Inc., 50850 Bemis Rd., FAT Belleville, MI 48111, for remaining concrete sidewalk, street repairs and minor Eng restoration, in connection with the 2012 Water Main Improvement Project (Contract 12- M); and the City Engineer is hereby authorized to approve minor adjustments in the work as it becomes necessary. #363-12 Resolving that the City Council of the City of Livonia does hereby take this MAD means to indicate its support for changes to be made to the Michigan Fireworks Safety FAT Act and does hereby direct that copies of this resolution be forwarded to Governor Rick Snyder, State Representative John Walsh, State Representative Phil Cavanagh, State Senator Glenn Anderson and the Michigan Municipal League State and Federal Affairs Division. (CR 277-12) MAD #364-12 Referring the subject of amending the Livonia Code of Ordinances to FAT conform to the Michigan Fireworks Safety Act to the Legislative Affairs Committee for its report and recommendation. #365-12 Referring the subject of amending the Plymouth Road Development MAD Authority District Boundaries to the Department of Law to prepare a resolution of intent FAT to amend the Plymouth Road Authority District in order to facilitate the removal of Insp Planning residential properties; FURTHER, requesting that the Planning Department prepare an Eng appropriate map and furnish same to the Department of Law with respect to this item. A roll call vote was taken on the foregoing resolutions: AYES: Robinson, Brosnan, Kritzman, McCann, Pastor, and Toy. NAYS: None. #366-12 Resolution by Brosnan and Robinson, unanimously adopted, requesting a MAD FAT report and recommendation from the Mayor regarding the progress made in securing support from community members recommending a request for a cap on water rate increases to the Detroit Water and Sewer Board. (CR 199-10) #367-12 Resolution by Robinson and Brosnan, unanimously adopted, conveying MAD FAT the City of Livonia’s support for a cap on water rates and does hereby direct that this resolution be forwarded to the Detroit Board of Water Commissioners for its consideration and requesting a progress report within the next 6 months. (CR 199-10) McCann gave FIRST READING to the following Ordinance: th SYNOPSIS OF THE MINUTES OF THE 1,711 REGULAR MEETING 7 LIVONIA CITY COUNCIL – August 29, 2012 AN ORDINANCE AMENDING SECTION 145 OF TITLE 15, CHAPTER 32 (PROPERTY MAINTENANCE CODE) OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED. Pastor gave FIRST READING to the following Ordinance: AN ORDINANCE AMENDING SECTION 6 OF THE ZONING MAP OF THE CITY OF LIVONIA AND AMENDING ARTICLE Ill OF ORDINANCE NO. 543, AS AMENDED, KNOWN AND CITED AS "THE CITY OF LIVONIA ZONING ORDINANCE" BY ADDING SECTION 3._____ THERETO. (Petition No. 2012-06-01-03) President Toy stepped down from the podium at 9:16 p.m. and passed the gavel to Vice-President Pastor to avoid any perceived conflict of interest on the following items. MAD #368-12 Resolution by McCann and Brosnan, appointing James Cambridge to the FAT Authority Board for the Michigan Municipal Services Authority (MSA). A roll call vote was taken on the foregoing resolution: AYES: Robinson, Brosnan, Kritzman, McCann, and Pastor. NAYS: None. MAD #369-12 Resolution by McCann and Kritzman, appointing Brian Meakin to the FAT Authority Board for the Michigan Municipal Services Authority (MSA). A roll call vote was taken on the foregoing resolution: AYES: Robinson, Brosnan, Kritzman, McCann, and Pastor. NAYS: None. President Toy returned to the podium at 9:20 p.m. and resumed the gavel. #370-12 Resolution by Pastor and Brosnan, accepting the quotation submitted for a MAD FAT one-year period from EJ USA, Inc., formerly known as East Jordan Iron Works, 13001 Eng Northend Avenue, Oak Park, MI 48237, for supplying the Department of Public Works with stormwater, water main and sanitary manhole related items at the unit prices quoted in an amount not to exceed $60,000.00 annually. A roll call vote was taken on the foregoing resolution: AYES: Brosnan, Kritzman, McCann, Pastor, and Toy. NAYS: Robinson. #371-12 Resolution by Brosnan and Robinson, unanimously adopted, establishing MAD FAT the evening of September 19, 2012 at 7:00 p.m. at the Livonia City Hall, 33000 Civic Eng Center Drive, Livonia, MI, as the time and place when the Council shall meet for the Assessr purpose of adopting a resolution placing a special assessment upon the proposed special assessment district heretofore established for the construction and operation of th SYNOPSIS OF THE MINUTES OF THE 1,711 REGULAR MEETING 8 LIVONIA CITY COUNCIL – August 29, 2012 the proposed improvement in said district as designated in Council Resolution No. 323- 11, unless the same are paid prior to the date of such meeting. (CRS 323-11, 292-11, 209-11, 44-99) #372-12 Resolution by McCann and Brosnan, unanimously adopted, approving MAD Petition 2006-11-02-29, submitted by MNB Dining/Thomas’ Family Dining, requesting to FAT Insp amend Council Resolution #48-07, converting a previously approved Tavern License to Planning a full Class C liquor license, in connection with an existing full service restaurant Police (Thomas’ Family Dining) located on the south side of Plymouth Rd. between Fire Farmington Rd. and Stark Rd. (33971 Plymouth Rd.), limited to this petitioner only and subject to conditions; FURTHER, waiving the 1,000 foot separation requirement. (CR 48-07) MAD #373-12 Resolution by Brosnan and Robinson, unanimously adopted, referring the FAT Insp subject of the recent changes to the MLCC (Michigan Liquor Control Commission) Law Planning and how various departments will proceed in processing these notices during the 15- Police day window for approval to the Department of Law for its report and recommendation. Fire MAD #374-12 Resolution by Robinson and Brosnan, unanimously adopted, referring the FAT subject of MLCC (Michigan Liquor Control Commission) requests to the Legislative Insp Affairs Committee for its report and recommendation. Planning Police #375-12 Resolution by Pastor and McCann, directing that a Closed Committee of Fire the Whole meeting be held to discuss litigation matters and attorney/client privileged MAD communications in connection with pending litigation, Comerica Bank v City of Livonia. FAT A roll call vote was taken on the foregoing resolution: AYES: Robinson, Brosnan, Kritzman, McCann, Pastor, and Toy. NAYS: None. MAD #376-12 Resolution by Pastor and McCann, directing that a Closed Committee of FAT the Whole meeting be held to discuss litigation matters and attorney/client privileged communications in connection with pending litigation, Racer v City of Livonia. A roll call vote was taken on the foregoing resolution: AYES: Robinson, Brosnan, Kritzman, McCann, Pastor, and Toy. NAYS: None. MAD #377-12 Resolution by Pastor and Kritzman, directing that a Closed Committee of FAT the Whole meeting be held to discuss litigation matters and attorney/client privileged communications in connection with pending litigation, Motors Liquidators Co. v City of Livonia. A roll call vote was taken on the foregoing resolution: AYES: Robinson, Brosnan, Kritzman, McCann, Pastor, and Toy. NAYS: None. th SYNOPSIS OF THE MINUTES OF THE 1,711 REGULAR MEETING 9 LIVONIA CITY COUNCIL – August 29, 2012 #378-12 Resolution by McCann and Robinson, unanimously adopted, determining MAD to conduct a Public Hearing on Wednesday, October 3, 2012, at 7:00 p.m., at the FAT Livonia City Hall, 33000 Civic Center Drive, Livonia, MI, with respect to the Annual Budget for the Fiscal Year ending on November 30, 2013. MAD #379-12 Resolution by McCann and Kritzman, unanimously adopted, referring the FAT subject of the Annual Budget for the Fiscal Year ending on November 30, 2013, to the Finance, Budget and Technology Committee for its report and recommendation. MAD #380-12 Resolution by Pastor and Brosnan, unanimously adopted, suspending the FAT rules for procedure as outlined in Council Resolution No. 574-82 in order to permit consideration of items that do not appear on the agenda. #381-12 Resolution by McCann and Brosnan, unanimously adopted, amending and MAD FAT revising Council Resolution 326-12 to provide for a longer period of time for the duration Assessr of an Industrial Facilities Exemption Certificate for Infineon Technologies North America Planning Corporation for a new facility being constructed at 19401 Victor Parkway, Livonia, MI 48152 (Industrial Development District #114); for 10 years with 3 years of no appeals. (CR 326-12) President Toy announced the City Fall Newsletter was mailed out; she noted that there was a question/answer area relating to the new water rates. AUDIENCE COMMUNICATION: None. th By Pastor and Kritzman, unanimously adopted, adjourning this 1,711 Regular Meeting of the Council of the City of Livonia at 9:46 p.m. on August 29, 2012. TERRY A. MARECKI CITY CLERK *The foregoing is a summary of the Council’s proceedings in synopsis form as authorized by CR 1158-68. The full text of the official minutes of this meeting is on file in the Office of the City Clerk and is available to the public upon request.