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HomeMy WebLinkAboutMinutes 07242023 (CR# 220-23 to CR 237-23) On July 24, 2023, 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 7:00 p.m. Vice President Toy led the meeting with the Pledge of Allegiance. Roll was called with the following result: Laura Toy, Scott Bahr, Rob Donovic, Scott Morgan, Brandon McCullough, Kathleen McIntyre, and Jim Jolly. Absent: None. Elected and appointed officials present: Paul Bernier, City Attorney; Susan M. Nash, City Clerk; Sara Kasprowicz, Program Supervisor of Council Office; Mark Taormina, Planning and Economic Development Director; Jacob Rushlow, Assistant Director of Public Works; Jim Inglis, Interim Housing Director; and Todd Zilincik, City Engineer. On a motion by Councilmember Bahr, supported by Councilmember Donovic, it was: #220-23 RESOLVED that the Minutes of the 1,972nd Regular Meeting of the Council held July 10, 2023 are approved as presented. A roll call vote was taken on the foregoing resolution with the following result: AYES: Toy, Bahr, Donovic, Morgan, McCullough, McIntyre, and Jolly. NAYS: None During Audience Communication Christopher Martin, resident, pointed out that City Council meetings shown on YouTube now include commercials. City Clerk Nash indicated Council was in receipt of a letter dated July 24, 2023 from Mayor Brosnan pursuant to Chapter IV, Section 24 of the City Charter, she would be utilizing her Mayoral Veto Power with regard to Resolution No. 201-23, which would amend Resolution #355-22 to include the statement “This service providing Tax and Assessing information to City of Livonia residents, mortgage companies, title companies, realtors, contractors, and prospective buyers through the City website, shall be free of charge.” President Jolly relinquished the gavel at 7:46 p.m. A motion was made by Councilmember Bahr and supported by Councilmember McIntyre to override the Mayor’s Veto. A roll call vote was taken with the following results: AYES: Bahr, Donovic, Morgan, and McIntyre NAYS: McCullough, Jolly, and Toy Vice President Toy declared the motion failed due to the lack of five (5) affirmative votes required, and the Mayor’s Veto is sustained, therefore, it was: RESOLVED, that having considered the Veto by the Mayor, dated July 24, 2023, of Resolution 201-23, adopted by the Council on July 10, 2023, the Council does hereby readopt Resolution 355-22, adopted on December 5, 2022, the same as if it were repeated verbatim herein. President Jolly resumed the chair at 7:51 p.m. On a motion by Councilmember Donovic, supported by Vice President Toy, and unanimously adopted it was: #221-23 RESOLVED, that upon the motion by Councilmember Rob Donovic, seconded by Council Vice President Laura Toy, at the Regular Meeting held July 24, 2023, the Council does hereby refer the subject matter of city user fees to the Committee of the Whole for its report and recommendation. Mayor Brosnan; Jacob Uhazie, Planning & Economic Development Coordinator; and Madison Bjertness, Community Development Division Director announced the small business owner grant recipients as follows: Dalia Elassad – Sweet 220 Meika Barnett – Market Place 519 Fatima Fields – In and Out Tax Gwen Jimmere – Naturalicious Tianna Anthony – Linen and Co A communication from the Department of Finance, dated July 2, 2023, re: forwarding the Departmental Purchases Report, for the month ending June 30, 2023, was received and placed on file for the information of the Council. President Jolly announced that there was new information received on item #10B on the agenda. Councilmember McCullough congratulated the Parks and Recreation Department on the success of their recent Shakespeare in the Park event. Councilmember McIntyre wished her son, Patrick, a happy 20th birthday. On a motion by Vice President Toy, supported by Councilmember Bahr, and unanimously adopted, it was: # 222-23 RESOLVED, that having considered an application from Chris Inch, Stevenson Cross Country Head Coach, dated June 23, 2023, requesting permission to barricade Perth Street from Stark Road until it dead-ends West of Farmington, on Friday, August 18, 2023, from 12:00 p.m. to midnight, for a nighttime high school cross country meet a/k/a The Lamplighter Invite, the Council does hereby grant permission as requested, including therein permission to conduct the said affair on Saturday, August 19, 2023, in the event of inclement weather, the action taken herein being made subject to the approval of the Police Department. #223-23 RESOLVED, that having considered an application from Carol Dobos and Nimosa Farazza, dated June 23, 2023, requesting permission to close Cranston Street, between Scone and Perth Streets, on Saturday, August 26, 2023, from 4:00 p.m. to 10:00 p.m. for the purpose of conducting a block party, the Council does hereby grant permission as requested, including therein permission to conduct the said affair on Sunday, August 27, 2023, in the event of inclement weather, the action taken herein being made subject to the approval of the Police Department. #224-23 RESOLVED, that having considered an email communication from Jason Renaud, dated June 26, 2023, seeking to waive the driveway ordinance requirement for property located at 37912 Mason, Livonia, Michigan 48154, the Council does hereby waive the Driveway Ordinance requirement and waives City Ordinance 12.04.205 (1), Curb cuts, from a maximum of twenty-five (25) feet to thirty-one (31) and one half (0.5) feet. #225-23 RESOLVED, that having considered the report and recommendation of the Director of Finance, dated June 16, 2023, approved for submission by the Mayor, to which is attached recommended quarterly budget adjustments required for the first and second quarters of the Fiscal Year 2023 budget, the Council does hereby authorize said budget adjustments in the manner and form set forth in the attachment. #226-23 RESOLVED, that having considered the report and recommendation of the Human Resources Director, dated June 26, 2023, which bears the signatures of the Director of Finance and the City Attorney, and is approved for submission by the Mayor, which transmits Civil Service Commission Resolution No. #23-99, adopted on June 21, 2023, and a communication from the Interim Executive Director of the Livonia Housing Commission, dated June 14, 2023, requesting to increase the hourly wage rate for the grant classifications of Bus Driver and Dispatcher II, effective upon Council’s approval, the Council does hereby concur in and approve the recommendation of the Civil Service Commission to increase the hourly wage rate for the grant classifications of Bus Driver and Dispatcher II, in accordance with the following rate schedule: Classification 2% Dec 1, 2022 May 2023 3% Dec 1, 2023 Bus Driver Step 1 Step 1.5 Step 2 Step 3 Step 4 $13.37 $13.60 $13.76 $14.18 $14.60 $17.17 $17.46 $17.67 $18.21 $18.75 $17.69 $17.98 $18.20 $18.76 $19.31 Dispatcher II Step 1 Step 1.5 Step 2 Step 3 Step 4 $16.29 $16.57 $16.76 $17.28 $17.79 $17.17 $17.46 $17.67 $18.21 $18.75 $17.69 $17.98 $18.20 $18.76 $19.31 #227-23 RESOLVED, that having considered a communication from the Human Resources Director, dated June 28, 2023, which bears the signatures of the Finance Director and the City Attorney, and is approved for submission by the Mayor, which sets forth Civil Service Commission resolution no. 23-102, adopted on June 21, 2023, and a communication from the Mayor, dated June 16, 2023, requesting an advance salary entrance step for the incoming Library Director, the Council does hereby concur in and approves the recommendation of the Civil Service Commission to advance the salary entrance step for the incoming Library Director to step 4 with a starting annual salary of $108,201.60. #228-23 RESOLVED, that having considered a communication from the Superintendent of Parks and Recreation, dated June 27, 2023, which bears the signature of the City Attorney, and is approved for submission by the Mayor, requesting approval to enter into a proposed agreement with the Charter Township of Canton, a Michigan municipal corporation, 1150 South Canton Center Road, Canton, Michigan 48188 (“Canton”), attached thereto, whereby Canton will reimburse the City of Livonia (“City”) at the rates established by Council Resolution 159-22, adopted on May 2, 2022, for use of the Jack E. Kirksey Recreation Center by members of Canton’s recreation center (the “Summit”) during the period beginning August 1, 2023 and ending five (5) days after the City receives notice that the Summit pool has been reopened to its members; the Council does hereby authorize the mayor and city clerk, for and on behalf of the City of Livonia, to execute the proposed agreement between the City of Livonia and the Charter Township of Canton in the manner and form herein submitted, subject to approval as to form and substance by the Department of Law, and to do all other things necessary or incidental to the full performance of this resolution. #229-23 RESOLVED, that having considered a communication from the Superintendent of Parks and Recreation, dated June 29, 2023, approved for submission by the Mayor, the Council does hereby approve the Holiday Parade and Tree Lighting to be held on Sunday, December 3, 2023, beginning at 4:00 p.m.; FURTHER, the Council does hereby approve the parade route as follows: Stark from Schoolcraft to Lyndon, Lyndon from Stark to Farmington, and Farmington from Lyndon to Five Mile Road FURTHER, the Council does hereby request that the Wayne County Department of Public Services allow the City of Livonia to close Farmington Road between the hours of 4:00 p.m. and 5:00 p.m. or until the road is returned to normal traffic operation; that the City of Livonia will assume liability for any damage claims which may arise as a result of the road closure, as to Wayne County only; and that Senior Police Officer Michael Arakelian is hereby designated and authorized to sign the road closure permit on behalf of the City of Livonia. #230-23 RESOLVED, that having considered the report and recommendation of the City Engineer, dated June 28, 2023, which bears the signatures of the Director of Public Works, the Director of Finance and the City Attorney, and is approved for submission by the Mayor, the Council does hereby accept the unit price bid of P.K. Contracting, LLC, 1965 Barrett Dr., Troy, Michigan 48084 for completing all work required in connection with the 2023 lane line marking program (contract 23-h) for the not to exceed amount of $117,300.00, based on 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 sole bid received and meets all specifications; FURTHER, the Council does hereby authorize an expenditure in an amount not to exceed $105,000.00 from funds budgeted in Account No. 202-463-818-118 (Contractual Services Lane Line Marking) and an additional appropriation and expenditure in an amount not to exceed $12,300.00 from the unexpended fund balance of the Major Road Fund (202) for this purpose; FURTHER, the City Engineer is hereby authorized to approve minor adjustments in the work as it becomes necessary but this authorization does not entitle the City Engineer to authorize any increase in the not to exceed amount or to contract with other parties; and the Mayor and City Clerk are hereby authorized, for and on behalf of the City of Livonia, to execute a contract, approved as to form and substance by the Department of Law, with the aforesaid bidder and to do all other things necessary or incidental to the full performance of this resolution. Christopher Martin, resident, voiced his concerns regarding item #6 on the Consent agenda. A roll call vote was taken on the foregoing resolutions with the following results: AYES: Toy, Bahr, Donovic, Morgan, McCullough, McIntyre, and Jolly. Nays: None Councilmember McCullough gave report of the Capital Outlay and Infrastructure Committee Meeting held on July 17, 2023. The subject matter of Bell Creek’s erosion issue will remain in Committee. (CR 04-22) An email communication received from the Assistant Director of Public Works, dated July 19, 2023, forwarding the First Amendment to the Agreement for Space Needs and Capital Planning between the City of Livonia and Plante & Moran Cresa, LLC, with respect to this item, was received and placed on file for the information of the Council. On a motion by Councilmember McCullough, supported by Councilmember Donovic and unanimously adopted, it was: #231-23 RESOLVED, that having considered the report and recommendation of the Capital Outlay and Infrastructure Committee, dated July 17, 2023, submitted pursuant to Council Resolution 02-23, regarding the subject matter of the 2022 Facility Condition Assessment and Space Needs Assessment, and upon the motion by Councilmember Rob Donovic to proceed to Phase 2 of the project, the Council does hereby approve of the attached first amendment to the agreement between the City of Livonia and Plante & Moran Cresa, LLC, 3000 Town Center, Suite 100, Southfield, MI 48075, and a price not to exceed $125,000,00 for services rendered thereunder; further, the Council does hereby authorize proceeding with Phase 2 of the 2022 Facility Condition Assessment and Space Needs Assessment Project; FUrTHER, the Council does hereby authorize an additional appropriation and expenditure of an amount not-to-exceed $125,000.00 from the unexpended fund balance of the Building Improvement Fund (418) for this purpose; and the Mayor and City Clerk are hereby authorized, for and on behalf of the City of Livonia, to execute a contract, approved as to form and substance by the Department of Law, and to do all other things necessary or incidental to the full performance of this resolution. On a motion by Councilmember Donovic, supported by Vice President Toy and unanimously adopted, it was: #232-23 RESOLVED, that having considered an application from Cindy Roberts, dated July 10, 2023, requesting permission to close Roycroft Street between Woodring and Loveland Streets on Saturday, July 29, 2023, from 12:00 p.m. until 10:00 p.m., for the purpose of conducting a block party, the Council does hereby grant permission as requested, the action taken herein being made subject to the approval of the Police Department. On a motion by Vice President Toy, supported by Councilmember Bahr and unanimously adopted, it was: #233-23 RESOLVED, that having considered a communication from Lisa R. Wasil, dated July 13, 2023, which requests permission to waive Section 8.32.070 (Noise Control) of the Livonia Code of Ordinances, as amended, in order to host a graduation party on property located at 29946 W. Chicago Road, scheduled for Saturday, July 29, 2023, from 3:00 p.m. until 12:00 a.m., the Council does hereby determine to waive Section 8.32.070 (Noise Control) of the Livonia Code of Ordinances between the hours of 3:00 p.m. and 12:00 a.m. in connection with this event to be held on Saturday, July 29, 2023. On a motion by Councilmember McIntyre, supported by Councilmember McCullough and unanimously adopted it was: #234-23 RESOLVED, that having considered an email communication from Jacob Ermete, dated July 8, 2023, which requests permission to waive Section 8.32.070 (Noise Control) of the Livonia Code of Ordinances, as amended, in order to host a free front yard concert event with live music and DJs on property located at 9820 Levan Road, scheduled for Saturday, August 5, 2023, from 3:00 p.m. until 11:00 p.m., the Council does hereby determine to waive section 8.32.070 (Noise Control) of the Livonia Code of Ordinances between the hours of 4:00 p.m. and 10:00 p.m. in connection with this event to be held on Friday Saturday, August 5, 2023. On a motion by Vice President Toy, supported by Councilmember Bahr and unanimously adopted, it was: #235-23 RESOLVED, that having considered a communication from the Director of Housing, dated July 11, 2023, regarding the purchase of tax-foreclosed property located at 11745 Inkster, the Council does hereby authorize the exercise of the City’s statutory right of first refusal with respect to such property, and payment to the County in the amount of the statutory minimum bid, being a total of $10,476.19, utilizing City of Livonia funds to be reimbursed to the city from Federal Community Development Block Grant funds; FURTHER, the Council does hereby authorize an additional expenditure in the amount of $3,000.00 for estimated closing costs, for a total amount not to exceed $13,476.19; and the Mayor and City Clerk are hereby authorized to execute documents on behalf of the City of Livonia and to do all other things necessary or incidental to the full performance of this resolution. On a motion by Vice President Toy, supported by Councilmember McIntyre and unanimously adopted, it was: #236-23 RESOLVED, that having considered a communication from the Department of Law, dated July 11, 2023, 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 purpose of discussing litigation matters and attorney/client privileged communications in connection with pending litigation, Middlebelt Plymouth Venture, LLC v City of Livonia; U.S. District Court case No. 2:22-cv-12734. Christopher Martin, resident, confirmed this is a case Mike Cox filed on behalf of the petitioner. On a motion by Councilmember Donovic, supported by Councilmember McCullough and unanimously adopted, it was: #237-23 RESOLVED, that having considered a communication from the City Attorney, dated July 14, 2023, wherein it is requested that Council Resolution 190-23, adopted on June 26, 2023, be amended to reflect Council’s approval of the requested sidewalk waiver request from Joseph Eadeh of American Building Co., for the newly constructed home located at 18937 Melvin and reject the City Engineer’s recommendation, the Council does hereby amend and revise Council Resolution 190-23 so as to read as follows:   RESOLVED, that having considered a communication from the City Engineer, dated May 16, 2023, approved for submission by the Mayor, to which is attached a letter from Joseph Eadeh of American Building Co., received by the City Clerk’s office on May 15, 2023, requesting a waiver of the sidewalk requirement in front of the newly constructed home located at 18937 Melvin, in the N.E. ¼ of Section 11, the Council does hereby reject the recommendation of the City Engineer and hereby approves this request inasmuch as omitting the sidewalk on the subject property would have no detrimental effect upon the neighboring properties at this time due to relative lack of other public sidewalks existing on the west side of Melvin, from Clarita to 7 Mile road in this area; FURTHER, the Council does hereby reserve the right to require sidewalks at this location in the event that additional sidewalks are installed in this area at some future date.  There was no audience communication. On a motion by Vice President Toy, supported by Councilmember McCullough and unanimously adopted, this 1,973rd Regular Meeting of the Council of the City of Livonia was adjourned at 8:36 p.m. Susan M. Nash, City Clerk Regular Meeting Minutes of July 24, 2023 41 42403 MINUTES OF THE ONE THOUSAND NINE HUNDRED SEVENTY THIRD REGULAR MEETING JULY 24, 2023