HomeMy WebLinkAboutCOUNCIL MINUTES 2014-09-1539163
MINUTES OF THE ONE THOUSAND SEVEN HUNDRED AND SIXTY-FIRST
REGULAR MEETING OF SEPTEMBER 15,201
On September 15, 2014, the above meeting was held at the City Hall, 33000
Civic Center Drive, Livonia, Michigan, and was called to order by President Brosnan at
7:00 p.m. Councilperson Lynda Scheel led the meeting in the Pledge of Allegiance
Roll was called with the following result: Lynda Scheel, Susan Nash,
Brandon Kritzman, John Pastor, Laura Toy and President Maureen Miller Brosnan.
Absent: Vice President Brian Meakin.
Elected and appointed officials present: Mark Taormina, City Planner; Todd
Zilincik, City Engineer; Judy Priebe, Director of Legislative Affairs; Terry Marecki, City
Clerk; Don Knapp, City Attorney; and Mayor Jack Kirksey.
it was:
On a motion by Pastor, seconded by Kritzman, and unanimously adopted,
#276-14 RESOLVED, that the Minutes of the 1,760th Regular Meeting
of the Council held September 3, 2014, are hereby approved as submitted.
President Brosnan announced there will be two (2) Public Hearings to be
held in the Auditorium of City Hall, 33000 Civic Center Drive, Livonia, Michigan for the
following items:
Petition 2008-11-06-04 submitted by the City Planning Commission,
pursuant to Council Resolution 477-08 and Section 23.01(a) of the Livonia
Zoning Ordinance No. 543, as amended, proposing to amend Section 11.03
of Article XI to require waiver use approval of any business licensed
pursuant to the Deferred Presentment Service Transactions Act, MCL
487.2121, et. seq., to be held Wednesday, October 1, 2014 at 7:00 p.m
The proposed Annual Budget for the City of Livonia for the fiscal year ending
November 30, 2015, and the public hearing required by Act 5 PA 1982, in
connection with the Truth in Taxation hearing, as adopted by the City
Council at the Regular Meeting held July 7, 2014, pursuant to Council
Resolution 194-14 to be held Wednesday, October 8, 2014 at 7:00 p.m.
President Brosnan announced there is new data on Items #10 and #13.
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Mayor Kirksey stated there will be a meeting for the Citizens Advisory
Committee on September 30, 2014 at 7:00 p.m. He indicated the committee is charged
with the responsibility of determining which roads are in most need of repair with the help
of the Engineering Department. The meeting will be held at the DPW Complex in the
West Conference Room.
He also announced that the Livonia Civic Chorus will be celebrating their
50th anniversary at the Blue House at Greenmead on Thursday, September 18tH
Updating the 1-96 project, the Mayor indicated there is a Family Fun Day
scheduled for Sunday, September 21, 2014 at 2:00 p.m. where residents can go on the
actual freeway prior to its reopening. Parking and vendors will be in the Madonna parking
lot.
Mayor Kirksey stated that Nehasil Park is scheduled for dedication on
October 22nd. He commented on the progress he has seen recently and urged people to
stop by and see it. He commended Councilman Brandon Kritzman for his donation of
architectural skills in assuring that the monument and park is a first class tribute to
Livonia's Fallen Heroes.
The Mayor also stated the Anniversary of our Flag Ceremony was well
attended on Sunday where they had speakers as well as the Civic Chorus and a
Schoolcraft College music group to entertain.
Lastly, Mayor Kirksey said administration and the Director of Finance have
been busy finalizing the budget and it will officially be moving to Council for their approval.
During Audience Communication Christopher Martin spoke about the
Library carjacking victim's appearance at the September 3, 2014 City Council Meeting.
A communication from Chief Curtis Caid, dated September 2, 2014, re:
permit regarding street closure, was received and placed on file for the information of the
Council.
On a motion by Pastor, supported by Scheel, it was:
#277-14 RESOLVED, that having considered a letter from Kevin
Murphy, Athletic Director, Clarenceville High School, dated August 25,
2014, and the report and recommendation of the Chief of Police, dated
September 2, 2014, which is approved for submission by the Mayor, the
Council does hereby approve and recognize the Clarenceville High School
Homecoming Parade to be held on Friday, October 10, 2014, beginning at
5:30 p.m.; further, the Council does hereby approve the parade route as
follows:
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Exit the west driveway of Botsford Elementary and travel north
on Brentwood to Pembroke, west on Pembroke to Weyher,
south on Weyher to St. Martins, west on St. Martins to
Parkville, north on Parkville to Bretton, west on Bretton to
Middlebelt; and north on Middlebelt to the Clarenceville
Middle School parking lot,
FURTHER, the Council does hereby request that the Wayne County
Department of Public Services allow the City of Livonia to close the
necessary roads between the hours of 5:00 p.m. and 7:00 p.m. or until the
roads are 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 upon proof that the Board of
Education of Clarenceville School District has adopted a resolution
assuming liability for any damage claims which may arise as a result of the
road closure, as to Wayne County and the City of Livonia only.
#278-14 RESOLVED, that having considered the report and
recommendation of the Fire Chief, dated August 23, 2014, which bears the
signature of the Finance Director and is approved for submission by the
Mayor, the Council does hereby accept the bid of Douglass Safety, 2655 N.
Meridian, Suite #6, Sanford, Michigan 48657, for supplying the Fire
Department with up to fifty (50) replacement sets of structural firefighting
protective clothing for the unit price of $2,121.57 each, for a period of one
(1) year, for a total estimated cost not to exceed $106,078.50, 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 $106,078.50 from funds already budgeted in Account No. 101-
338-768-000 (Uniform/PPE) and grant Account No. 223-639-528-669
(Assistance to Firefighters Grant) for this purpose.
#279-14 RESOLVED, that having considered a communication from
the Human Resources Director, dated August 21, 2014, which bears the
signature of the Director of Finance and is approved for submission by the
Mayor, transmitting a resolution adopted by the Civil Service Commission
at its regular meeting of August 20, 2014, recommending salary and fringe
benefit adjustments for the classification of Fire Chief for the period
December 1, 2012 through November 30, 2015, the Council does hereby
concur in the recommendation of the Civil Service Commission and the
salary and benefit adjustments for the classification of Fire Chief is hereby
approved for the period December 1, 2012 through November 30, 2015 as
set forth in the memorandum dated August 5, 2014 from Robert F. Biga,
Human Resources Director, which is attached to the aforesaid
communication.
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#280-14 RESOLVED, that having considered a communication from
the Superintendent of Public Service - Environment & Utilities, the Director
of Public Works, and the Director of Community Resources, dated August
18, 2014, 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 one (1) 2015 Ford E-450 21.5 ft. Shuttle Van in the amount
of $67,277.00 and one (1) 2015 Ford E-450 23 ft. Shuttle Van in the amount
of $67,912.00, from Gorno Ford, 22025 Allen Road, Trenton, Michigan
48138, for a total amount not to exceed $135,189.00, for use by Livonia
Community Transit; further, the Council does hereby authorize an
expenditure in an amount not to exceed $135,189.00 from funds already
budgeted in Account No. 218-889-985-000 (Capital Outlay) for this purpose;
further, the Council does hereby determine to authorize this purchase
without competitive bidding inasmuch as the same is based upon the low
State of Michigan bid price (under Contract No. 7161300005), and such
action is taken in accordance with the provisions set forth in section
3.04.140.D.4 of the Livonia Code of Ordinances, as amended.
#281-14 RESOLVED, that having considered a communication from
the Director of Community Resources, dated August 19, 2014, which bears
the signature of the Director of Finance and the City Attorney and is
approved for submission by the Mayor, to which is attached a proposed
Fiscal Year 2015 Municipal Credit Contract between SMART and the City
of Livonia for the period July 1, 2014 to June 30, 2015, the Council does
hereby authorize the Mayor and City Clerk to execute the municipal credit
contract for and on behalf of the City of Livonia and to do all other things
necessary or incidental to the full performance of this resolution.
#282-14 RESOLVED, that having considered a communication from
the Superintendent -Environment & Utilities and the Director of Public
Works, dated August 15, 2014, which bears the signature of the Director of
Finance and is approved for submission by the Mayor, requesting approval
to participate in the Alliance of Rouge Communities (ARC) and for payment
of the Annual Assessment for 2014, the Council does hereby approve
participation in the Alliance of Rouge Communities (ARC) and for payment
to the Alliance of Rouge Communities, c/o 46036 Michigan Avenue, Suite
126, Canton, MI 48188, in the amount of $29,013.00 for the City's annual
ARC assessment for 2014; FURTHER, the Council does hereby authorize
an expenditure in the amount of $29,013.00 from funds already budgeted
in Account No. 592-559-840-030 for this purpose.
#283-14 RESOLVED, that having considered the report and
recommendation of the City Engineer, dated August 13, 2014, which bears
the signature of the Director of Finance, is approved by the Director of
Public Works and is approved for submission by the Mayor, the Council
does hereby accept the unit price bid of Michigan Joint Sealing, Inc., 28830
W. Eight Mile Road, Suite 103, Farmington Hills, MI 48336, for completing
Ordinance:
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all work required in connection with the 2014 Pavement Crack and Joint
Sealing Program (Contract 14-D) for the estimated total cost of
$105,000.00; FURTHER, the Council does hereby authorize an expenditure
in the amount of $85,000.00 from funds already budgeted in Account No.
203-463-818-117 (Local Roads) and in the amount of $20,000.00 from
funds already budgeted in Account No. 202-463-818-117 (Major Roads) for
this purpose; FURTHER, the foregoing amounts are based upon the
Engineering Division's estimate of units involved, and are subject to final
payments based upon the actual units completed in accordance with the
unit prices accepted herein, said estimated costs and unit prices having
been in fact the lowest bid received and meets all specifications; and the
City Engineer is hereby authorized to approve minor adjustments in the
work as it becomes necessary; and the Mayor and City Clerk are hereby
authorized to execute a contract for and on behalf of the City of Livonia with
the aforesaid bidder and to do all other things necessary or incidental to the
full performance of this resolution.
#284-14 RESOLVED, that having considered the report and
recommendation of the City Engineer, the Director of Public Works, and the
Deputy Chief of Police, dated August 25, 2014, which bears the signature
of the Director of Finance and is approved for submission by the Mayor,
with regard to the City's request to approve a Change Order to Contract 14-
A with Nagle Paving Company, the Council does hereby approve a change
order to Contract 14-A in an amount not to exceed $100,000.00 with Nagle
Paving Company, 36780 Amrhein, Livonia, Michigan 48150, for resurfacing
the parking lot at the Livonia Police Department in order to improve its
existing front parking lot; FURTHER, the Council does hereby authorize an
expenditure in an amount not to exceed $100,000.00 from funds available
in Account No: 101-304-974-000 (Capital Outlay, Land Improvement) for
this purpose; and the City Engineer is hereby authorized to approve minor
adjustments in the work as it becomes necessary
A roll call was taken on the foregoing resolutions with the following result:
AYES: Scheel, Nash, Kritzman, Pastor, Toy, Brosnan
NAYS: None.
Kritzman took from the table, for second reading and adoption, the following
AN ORDINANCE AMENDING SECTION 10 OF THE ZONING MAP OF
THE CITY OF LIVONIA AND AMENDING ARTICLE III OF ORDINANCE
NO. 543, AS AMENDED, KNOWN AND CITED AS "THE CITY OF LIVONIA
ZONING ORDINANCE" BY ADDING SECTION 3. THERETO.
(Petition 2014-02-01-01)
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A roll call vote was taken on the foregoing Ordinance with the following result:
AYES: Scheel, Nash, Kritzman, Pastor, Toy, Brosnan
NAYS: None
President Brosnan declared the foregoing Ordinance duly adopted, and would become
effective on publication.
President Brosnan indicated that they had received notification from the
Department of Engineering that Item #10 would be removed from the agenda until further
notice.
it was:
On a motion by Pastor, supported by Kritzman, and unanimously adopted,
#285-14 RESOLVED, that the City Engineer having filed with the City
Clerk a statement dated July 10, 2014 on all matters required by Section
3.08.060 and 3.08.140 of the Livonia Code of Ordinances, as amended,
and a first public hearing having been held thereon on September 8, 2014,
after due notice as required by Section 3.08.070 of said Code, and after
careful consideration having been given to all such matters, the Council
does hereby, pursuant to Section 3.08.080 of said Code:
(1) Accept and approve said statement in all respects;
(2) Determine to make the improvement consisting of a public 10 -inch
sanitary sewer main on the east side of Levan Road (15160, 15200,
and 15230 Levan Road), in the Northeast '/4 of Section 20, City of
Livonia, Wayne County, Michigan, as described in said statement;
and to defray the cost of such improvement by special assessment
upon the property especially benefited in proportion to the benefits
derived or to be derived;
(3) Approve the plans and specifications for said improvement as set
forth in said statement dated July 10, 2014;
(4) Determine that the cost of said improvement shall be paid for by
special assessment upon the property especially benefited;
(5) Determine that the assessment made for such improvement shall be
paid in annual installments, according to said statement;
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(6) Designate the assessment district, describing the land and premises
upon which special assessments shall be levied as follows:
A Special Assessment District in the N.E. '/ of section 20, Town 1 South,
Range 9 East, City of Livonia, Wayne County, Michigan, described as containing the
properties listed below.-
Property
elow:
Property ID #077-99-0012-005 (15160 Levan Road)
Part of the N.E. '/ of Section 20, Town 1 South, Range 9 East, beginning
due S. 463.71 feet and S. 89° 50' 00" E. 43 feet from the N. % corner of
Section 20, thence S. 89° 50' 00" E. 165.71 feet, thence due S. 110 feet,
thence N. 890 50'00" W. 165.71 feet due N. 110.00 feet to the point of
beginning, 0.42 acres.
Property ID #077-99-0012-003 (15200 Levan Road)
N. 80 feet of the part of the N.E. Y4 of Section 20, Town 1 South, Range 9
East, beginning due S. 383.71 feet and S. 89° 50'00" E 43 feet from the N.
% corner of Section 20, thence S. 89° 50' 00" E. 165.71 feet due S. 266.29
feet, thence N. 89° 50' 00" W. 165.71 feet, thence due N. 266.29 feet to the
point of beginning, 0.30 acres; and
Property ID #077-99-0010-000 (15230 Levan Road)
Part of the N.E. % of Section 20, Town 1 South, Range 9 East, beginning
due S. 208.71 feet and S. 890 50' 00" E. 43 feet from the N. % corner of
Section 20, thence S. 89° 50'00" E. 165.71 feet, thence due S. 175.00 feet,
thence N. 89° 50'00" W. 165.71 feet, thence due N. 175.00 feet to the point
of beginning, 0.67 acres.
(7) Direct the City Assessor to prepare a special assessment roll in
accordance with the Council's determination on said statements as
prepared by the City Engineer dated July 10, 2014; and
(8) That upon the completion of said roll, the City Assessor shall attach
thereto the certificate required by the provisions of Section 3.08.100
of the Livonia Code of Ordinances, as amended, and file the same
with the City Clerk, who thereupon is directed to present the same to
the City Council prior to the holding of the second public hearing
thereon pursuant to Title 3, Chapter 8, of the Livonia Code of
Ordinances.
On a motion by Pastor, supported by Toy, and unanimously adopted, it
was:
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#286-14 RESOLVED, that having considered an application from Jeff
Shingler, 28652 Grandon Street, dated August 25, 2014, requesting
permission to close Grandon Street, between Harrison and Brentwood on
Saturday, September 27, 2014, 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, September 28, 2014, in the event of inclement weather, the action
taken herein being made subject to the approval of the Police Department.
Correspondence from Gregory Boyer, Business Manager of St. Colette
Church, dated September 9, 2014, re: requesting to be removed from agenda, was
received and filed for the information of the Council.
President Brosnan indicated the Item #13 would be removed from the
Agenda per request.
On a motion by Pastor, supported by Toy, and unanimously adopted, it was:
#287-14 RESOLVED, that having considered a communication from
the Department of Law, dated August 28, 2014, 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, Robert
Domino v City of Livonia.
AYES: Scheel, Nash, Kritzman, Pastor, Toy, Brosnan
NAYS: None.
During Audience Communication Jennifer Helmer, Michigan liaison for
Secretary of State Ruth Johnson, provided an update on the technological services now
available through the Secretary of State offices. She also spoke about the need for organ
donor awareness in the State of Michigan.
Dennis Wright, Treasurer for the City of Livonia, reported that they had
received approximately $5,000,000 in summer taxes which reflects approximately 91%
collected.
On a motion by Pastor, seconded by Kritzman, and unanimously adopted,
this 1,761st Regular Meeting of the Council of the City of Livonia was adjourned at 7:26
p.m.
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Terry arecki, City Clerk