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HomeMy WebLinkAboutCOUNCIL MINUTES 2013-05-08 38650 MINUTES OF THE ONE THOUSAND SEVEN HUNDRED AND TWENTY EIGHTH REGULAR MEETING OF MAY 8, 2013 On May 8, 2013, 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 Laura led the meeting with the Pledge of Allegiance Roll was called with the following result: Joe Laura, Thomas Robinson, Brandon Kritzman, James McCann, and Laura Toy Absent: John Pastor and Maureen Miller Brosnan Elected and appointed officials present: Mark Taormina, City Planner; Judy Priebe, Technical Specialist; Todd Zilincik, City Engineer; Terry Marecki, City Clerk, Don Knapp, City Attorney; and Mayor Jack Kirksey On a motion by Robinson, seconded by McCann, and unanimously adopted, it was #121-13 RESOLVED, that the Minutes of the 1,727`h Regular Meeting of the Council held April 22, 2013, are hereby approved as submitted President Toy announced there would be a public hearing to be held on Monday, May 20, 2013, at 6 45 p m in the Auditorium of City Hall, 33000 Civic Center Drive, Livonia, Michigan Lynn A. Gandhi, Honigman Miller Schwartz and Cohn, LLP, on behalf of Leapers Inc is requesting approval of an Industrial Facilities Tax Exemption Certificate for new machinery and equipment and improving the building at their facility located at 32500 Capital, Livonia, MI 48150 (Industrial Development Overlay District #110) President Toy announced there would be a public hearing to be held on Tuesday, May 21, 2013, at 7 00 p m in the Auditorium of City Hall, 33000 Civic Center Drive, Livonia, Michigan Michael C Beaubien, President, MKO Real Estate LLC, CEO, Mendelson Orthopedics P C on behalf of Mendenson Orthopedics P C , requesting to establish a Commercial Rehabilitation District for the Regular Meeting Minutes of May 8, 2013 38651 property located at 36622 Five Mile Road, Livonia, MI 48154, to help in the expansion and rehabilitation of this property President Toy announced there would be an X-item addressed at the end of the meeting concerning a request to from the Department of Law to discuss pending litigation and attorney/client privileged communications with respect to Gershman Properties v City of Livonia and Kroger Co of Michigan v City of Livonia President Toy wished a Happy Birthday to Councilmembers Brosnan and McCann President Toy announced Livonia's annual Memorial Day Celebration will be held at Veterans Park on Saturday, May 25th at 9 00 a m , located at the corner of Five Mile and Farmington, to honor those who have served our country President Toy indicated residents may make a reservation for the event by contacting Anne Cox, Parks & Recreation Department, at (734) 466-2418 During Audience Communication, Marg Soltis, 36278 Lawrence Drive, addressed Council to express concern and displeasure with her water bill Ms Soltis indicated the current bill structure penalizes those who use less water and does not encourage residents to conserve water and be "green" Ms Soltis concluded by asking Council to reconsider how the water bills are calculated to coincide with actual water usage Christopher Martin, 12275 Inkster Road, commented the previous citizen made a great point concerning water rates and stated how the bills are calculated does little to encourage conservation of water Mr Martin also indicated the School Bond election was yesterday and he obtained the results at City Hall Mr Martin concluded by stating he has a trial scheduled on June 11, 2013, at 1 00 p m before Judge Kavanagh for the three criminal misdemeanors he has been charged with in connection with the fence on the property at his business Eric Bacinzki, Plymouth Township resident and member of the St. Baldnck's Foundation, addressed Council to thank them for their continued support and assistance Mr Bacinski indicated the Baldrick Foundation will host its annual fundraiser to raise money for childhood cancer research on Sunday, May 19th at 1 00 p m at the Claddagh Irish Pub located on Haggerty Road and invited Council and residents to attend their fundraising event. A communication from the Department of Finance, dated April 5, 2013, re forwarding various financial statements of the City of Livonia for the month ending February 28, 2013, was received and placed on file for the information of the Council A communication from the Livonia Housing Commission, dated April 5, 2013, re the additional expenditures of approximately $5,000 00 that were incurred in fi the rehabilitation of the Community Development Block Grant (CDBG) tax foreclosed Regular Meeting Minutes of May 8, 2013 38652 property located at 12040 Arcola was received and placed on file for the information of the Council (CR 322-12) On a motion by Robinson, seconded by Laura, it was it #122-13 RESOLVED, that having considered a letter from Richard Schwaller, Cooley High School Alumni Committee, dated April 9, 2013, which requests permission to waive Section 8 32.070 (Noise Control) of the Livonia Code of Ordinances, in connection with their annual picnic, which will take place at Rotary Park on Wednesday, August 7, 2013, from noon until 1 00 p m , to allow the playing of music by a Dixieland band and the use of a small amplifier for a soloist, the Council does hereby grant and approve this request in the manner and form herein submitted A communication from the Board of Trustees, Livonia Employees Retirement System, dated April 3, 2013, transmitting the 401(a) Defined Contribution Plan Annual Report for 2012, was received and placed on file for the information of the Council #123-13 WHEREAS, the City of Livonia, County of Wayne, State of Michigan (the "City"), has determined that it is necessary for the public health, safety and welfare of the City to acquire, construct, furnish and equip improvements to the sanitary sewer system of the City's existing Water Supply and Sewage Disposal System (the "System"), including the rehabilitation of sanitary sewer lines and manholes and the disconnection of illicit connections to the System, together with all related appurtenances and attachments thereto (the "Project"), and WHEREAS, the City has been advised by the Michigan Department of Environmental Quality ("MDEQ"), that financial assistance to accomplish the acquisition and construction of the Project is available through the State Revolving Fund ("SRF") Loan Program administered by the MDEQ and the Michigan Finance Authority (the "MFA"), and WHEREAS, the Revenue Bond Act, Act 94, Public Acts of Michigan, 1933, as amended ("Act 94"), provides a means for financing the purchase, acquisition, construction, improvement, enlargement, extension, and repair of public improvements such as the Project through the issuance of revenue bonds, and WHEREAS, the issuance of bonds payable from revenues of the System under Act 94 in a total amount not to exceed Four Million One Hundred Thousand Dollars ($4,100,000) (the "Bonds"), for the purpose of Regular Meeting Minutes of May 8, 2013 38653 financing all or part of the Project represents the most practical means to that end, and WHEREAS, the City has made application for participation in the SRF loan program, and WHEREAS, a notice of intent to issue revenue bonds must be published before the issuance of the Bonds in order to comply with the requirements of Section 33 of Act 94, and WHEREAS, the City intends at this time to state its intentions to be reimbursed from proceeds of the Bonds for any expenditures undertaken by the City for the Project prior to issuance of the Bonds NOW, THEREFORE, BE IT RESOLVED THAT 1 The City Clerk is hereby authorized and directed to publish a notice of intent to issue the Bonds in the Livonia Observer, a newspaper of general circulation in the City 2 The notice of intent shall be published as a display advertisement not less than one-quarter (1/4) page in size in substantially the form attached to this resolution as Exhibit A. 3 The City Council does hereby determine that the foregoing form of Notice of Intent to Issue Bonds, and the manner of publication directed, is adequate notice to the electors of the City and users of the System, and is the method best calculated to give them notice of the City's intent to issue the Bonds, the purpose of the Bonds, the security for the Bonds, and the right of referendum of the electors with respect thereto, and that the provision of forty- five (45) days within which to file a referendum petition is adequate to insure that the City's electors may exercise their legal rights of referendum, and the newspaper named for publication is hereby determined to reach the largest number of persons to whom the notice is directed 4 The City makes the following declarations for the purpose of complying with the reimbursement rules of Treas Reg § 1 150-2 pursuant to the Internal Revenue Code of 1986, as amended (a) As of the date hereof, the City reasonably expects to reimburse the City for the expenditures described in (b) below with proceeds of debt to be incurred by the City (b) The expenditures described in this paragraph (b) are for the costs of acquiring and constructing the Project which Regular Meeting Minutes of May 8, 2013 38654 were or will be paid subsequent to sixty (60) days prior to the date hereof (c) The maximum principal amount of debt expected to be issued for the Project, including issuance costs, is $4,100,000 5 The Mayor, City Clerk, Finance Director and City Treasurer of the City are each authorized to act as an authorized officer or designated representative in connection with the Project and execute and deliver such applications, documents or certificates with the MDEQ, the MFA or other entities as may be necessary or advisable to enable the City to issue and sell the bonds as contemplated herein and to meet its obligations under the SRF Loan Program 6 All resolutions and parts of resolutions insofar as they conflict with the provisions of this resolution be and the same hereby are rescinded #124-13 RESOLVED, that having considered the report and recommendation of the Superintendent of Public Service - Operations and the Director of Public Works, dated April 3, 2013, which bears the signature of the Director of Finance and is approved for submission by the Mayor, the Council does hereby approve a one-year extension of the existing contract with Detroit Salt Company, 12841 Sanders Street, Detroit, Michigan 48217, for supplying rock salt for ice control at the unit price bid in June 2011, ($46 09 per ton) for an estimated total of 1,500 tons for an estimated total amount of $69,135 00 for the period July 1, 2013, through June 30, 2014, from funds budgeted in Account No 101- 463-784-000 for this purpose, FURTHER, the Council does hereby authorize the action herein without competitive bidding since the same is based on the low consortium bid pricing and in accordance with Section 3 04 140 D 4 of the Livonia Code of Ordinances, as amended #125-13 RESOLVED, that having considered the report and recommendation of the City Engineer, dated April 4, 2013, 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 Carr's Outdoor Services, Inc , 48910 Ford Road, Canton, Michigan 48170, for completing all work required in connection with the 2013 Pavement Crack and Joint Sealing Program (Contract 13-D) for the estimated total cost of $89,190 00; FURTHER, the Council does hereby authorize an expenditure in the amount of $73,190 00 from funds already budgeted in Account No 203- 463-818-117 (Local Roads) and in the amount of $16,000 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 Regular Meeting Minutes of May 8, 2013 38655 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 #126-13 RESOLVED, that having considered a communication from the City Engineer, dated April 4, 2013, which bears the signature of the Director of Finance, is approved by the Director of Public Works and approved for submission by the Mayor, the Council does hereby, for and on behalf of the City of Livonia, accept a $20,000 00 grant from Detroit Edison Company (DTE), FURTHER, the Council does hereby appropriate and authorize an additional expenditure in an amount not to exceed $74,312 00 from the Unexpended Fund Balance of the Capital Projects Fund (401) for Contribution In Aid of Construction to be paid to the Detroit Edison Company, Community Lighting Group, 8001 Haggerty Road, Belleville, Michigan 48111, and included with the agreement with DTE, FURTHER, the Council does hereby authorize the use of these grant funds and City funds to retrofit 203 mercury vapor streetlights to LED along Farmington Road, from Six Mile Road to Capitol Avenue, which is estimated to produce an energy cost savings of $43,535 76 annually, and the City Engineer is hereby authorized to approve any minor adjustments in the work as may be necessary; and the Mayor and City Clerk are hereby authorized, for and on behalf of the City of Livonia, to execute the agreement with DTE subject to the approval as to form by the Department of Law, and to do all other things necessary or incidental to the full performance of this resolution #127-13 RESOLVED, that having considered a communication from the City Engineer, dated April 11, 2013, which bears the signature of the Director of Finance, is approved by the Director of Public Works, and approved for submission by the Mayor, the Council does hereby accept the unit price bid of Joe Rotondo Construction Corporation, 38807 Ann Arbor Road, Suite 2, Livonia, Michigan 48150, for completing all work required in connection with the 2013 Sidewalk Replacement Program (Contract 13-G) at the unit prices bid for a total amount not to exceed $492,474 00, based upon 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, FURTHER, the Council does hereby authorize an advance in the amount of $205,396 84 (single lot assessments portion of the program) from the Road, Sidewalk and Tree Fund with the provision that this fund be reimbursed from that portion of the project which is to be financed by special assessment at such time as funds are subsequently received Regular Meeting Minutes of May 8, 2013 38656 from the payment of bills and assessments by affected property owners, FURTHER, the Council does hereby authorize an expenditure in the amount of $17,050 51 from funds budgeted in Account No 202-451-977- 010 (Major Road — Dist. Sidewalk Cost) and $96,619 63 from funds budgeted in Account No 203-451-977-010 (Local Road — Dist. Sidewalk Cost) to cover the costs related to the construction or reconstruction of handicap ramps at major and local roads, FURTHER, the Council does hereby authonze an expenditure in the amount of $13,534 07 from the Unexpended Fund Balance of the Water and Sewer Fund for sidewalk work adjacent to and including water, storm and sanitary structure repairs, FURTHER, the Council does hereby authorize an expenditure in the amount of $209,120 35 from funds already budgeted for this purpose from the Road, Sidewalk and Tree Fund (Account No 204-441-818-104 — Contractual Service Sidewalk) for repair of sidewalks heaved by tree roots, 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 A roll call vote was taken on the foregoing resolutions with the following result. AYES Laura, Robinson, Kritzman, McCann, and Toy NAYS None A communication from the Department of Law, dated April 24, 2013, re amending the Livonia Code of Ordinances for Election Precincts to more evenly distribute the number of voters assigned to precincts to alleviate long lines for the major federal elections and to update the new addresses along Curtis Road (west of Middlebelt), was received and placed on file for the information of the Council McCann gave first reading to the following Ordinance AN ORDINANCE AMENDING SECTIONS 100, 110 AND 130 TO CHAPTER 08 (ELECTION PRECINCTS) OF TITLE 1 OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in the Office of the City Clerk and is the same as if word for word repeated herein The Regular Meeting Minutes of May 8, 2013 38657 above Ordinance was placed on the table for consideration at an upcoming Regular meeting McCann took from the table, for second reading and adoption, the following Ordinance AN ORDINANCE AMENDING SECTION 4 04 (SCHEDULE OF MINIMUM LOT SIZES IN R-1 THROUGH R-5 DISTRICTS) OF ARTICLE IV OF ORDINANCE NO 543, AS AMENDED, KNOWN AND CITED AS "THE CITY OF LIVONIA ZONING ORDINANCE " (Petition 2002-02-06-01) A roll call vote was taken on the foregoing Ordinance with the following result: AYES Laura, Robinson, Kritzman, McCann, and Toy NAYS None The President declared the foregoing Ordinance duly adopted, and would become effective on publication McCann took from the table, for second reading and adoption, the following Ordinance AN ORDINANCE AMENDING SECTION 5 04 (SCHEDULE OF MINIMUM LOT SIZES IN RUF DISTRICT) OF ARTICLE V OF ORDINANCE NO 543, AS AMENDED, KNOWN AND CITED AS "THE CITY OF LIVONIA ZONING ORDINANCE " (Petition 2002-02-06-01) A roll call vote was taken on the foregoing Ordinance with the following result: AYES Laura, Robinson, Katzman, McCann, and Toy NAYS None The President declared the foregoing Ordinance duly adopted, and would become effective on publication On a motion by McCann, seconded by Kritzman, it was #128-13 RESOLVED, that having considered a communication from the Director of Housing, dated April 4, 2013, which bears the signature of the Director of Finance and approved for submission by the Mayor, Regular Meeting Minutes of May 8, 2013 38658 submitted pursuant to Council Resolution CR 609-88, the Council does hereby approve the sale to Marco H Cervi, of the following City-owned property, further described as 11683 Cardwell Lots 384 and 385, including East 1/2 of the adjacent vacated alley at the rear thereof, Schanhite's Marquette Manor Subdivision, according to the plat as recorded in Liber 61 of Plats, Page (63), Wayne County records the action for a total sale price of $6,000 00, the action herein being taken in order to best serve the interests of the community; FURTHER, the proceeds of such sale shall be allocated to the CDBG program as program income, and the Mayor and City Clerk are hereby requested to execute a Quit Claim Deed and such other documents as may be necessary or incidental to fulfill the purpose of this resolution, and the Department of Law is hereby requested to prepare and place in proper form such legal documents as may be necessary to consummate this transaction, and the City Clerk is hereby requested to have said Quit Claim Deed recorded in the Office of the Register of Deeds and to do all other things necessary or incidental to fulfill the purpose of this resolution A roll call vote was taken on the foregoing resolution with the following result. AYES Robinson, Katzman, McCann, and Toy NAYS Laura The President declared the resolution adopted On a motion by Robinson, seconded by Laura, and unanimously adopted, it was #129-13 RESOLVED, that the City Engineer having filed with the City Clerk a statement dated March 1, 2013, on all matters required by Section 3 08 060 of the Livonia Code of Ordinances, as amended, and a first public hearing having been held thereon on April 15, 2013, 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 the installation of sidewalks on the south side of Ann Arbor Trail from Dowling Avenue to Rosedale Elementary in the S W % of Section 32, T 1 S , R 9 E , City of Livonia, Wayne County, Michigan, as Regular Meeting Minutes of May 8, 2013 38659 described in said statement, and to defray the cost of such improvement by special assessment upon the property especially benefitted 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 March 1, 2013, (4) Determine that the estimated cost of such improvement is $25,730 00, (5) Determine that the cost of said improvement shall be paid for in part by special assessments on the property benefited thereby and in part by the City at large, in proportions thereafter established, (6) That the cost and expense of said improvement to be borne and paid by the City shall be $1,000 00 of the paving cost and that the balance of said cost and expense of said public improvement shall be borne and paid by special assessments on all lands and premises in the Special Assessment District as herein established in proportion to the benefits to be derived therefrom, (7) Determine that assessments made for such improvement may be paid in five (5) annual installments together with interest thereon on the unpaid balance, (8) Designate the assessment district, describing the land and premises upon which special assessments shall be levied as follows A Special Assessment District in the S W % of Section 32, Town 1 South, Range 9 East, City of Livonia, Wayne County, Michigan, described as containing the property listed on the proposed Special Assessment Roll attached to the statement filed by the City Engineer, dated March 1, 2013, and shown on the Special Assessment District Map attached to the statement filed by the City Engineer, dated March 1, 2013, (9) That the City Assessor is hereby directed to prepare a Special Assessment Roll including all lots and parcels of land within the above district designated by the Council and to assess to- each such lot or parcel of land such relative portions of the whole sum to be levied against all lands in the Special Assessment District as the special benefits to such lots or parcels of land bear to the total benefit of all land and also to enter upon such roll the amount which has been assessed to the City at large, all in accordance with the determination of the City Council, and (10) That upon the completion of said roll the City Assessor shall attach thereto the certificate required by the provisions of Section Regular Meeting Minutes of May 8, 2013 38660 3 08 100 of the Livonia Code of Ordinances, as amended, of the City of Livonia 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 as required by Section 3 08 110 of said Code Curtis Lipinski, 36555 Ann Arbor Trail, addressed Council to voice his concern and displeasure with the projected cost of the proposed sidewalk installation on the south side of Ann Arbor Trail from Dowling Avenue to Rosedale Elementary and disputed the matter was concern for safety or necessity as presented On a motion by Robinson, seconded by Laura, and unanimously adopted, it was #130-13 RESOLVED, that the Council does hereby suspend their rules for procedure as outlined in Council Resolution 574-82 so as to permit consideration of items that do not appear on the Agenda On a motion by Laura, seconded by Katzman, it was #131-13 RESOLVED, that having considered a communication from the Department of Law, dated May 7, 2013, 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, Gershman Properties v City of Livonia and Kroger Co of Michigan v City of Livonia A roll call vote was taken on the foregoing resolution with the following result: AYES Laura, Robinson, Kritzman, McCann, and Toy NAYS None The President declared the resolution adopted There was no Audience Communication at the end of the meeting Laura requested a moment of silence in honor of the Westland firefighter who was killed in the line of duty while serving and protecting Westland residents in a fire which broke out in two local businesses Laura indicated the Westland fireman, Brian Woehlke, leaves behind a wife and a young child and offered condolences to his family and community Regular Meeting Minutes of May 8, 2013 38661 On a motion by McCann, seconded by Laura, and unanimously adopted, this 1,728th Regular Meeting of the City of Livonia was adjourned at 7 36 p m Ak ittet-t-r---tre;_ Terry A. t.recki, City Clerk