HomeMy WebLinkAboutCOUNCIL MINUTES 2012-01-25 38135
MINUTES OF THE ONE THOUSAND SIX HUNDRED NINETY SEVENTH
REGULAR MEETING OF JANUARY 25, 2012
On January 25, 2012, 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 Brosnan led the meeting with an
invocation followed by the Pledge of Allegiance led by Boy Scout Troop 271
Roll was called with the following result: Maureen Miller Brosnan,
Brandon Katzman, James McCann, Joe Laura, Thomas Robison, and John Pastor
Absent: Laura Toy
Elected and appointed officials present: Todd Zilincik, City Engineer;
Mark Taormina, City Planner; Judy Priebe, Technical Specialist; Don Knapp, City
Attorney; Terry Marecki, City Clerk, Robert Biga, Human Resources Director; James
Inglis, Director of Housing, former Councilmember Conrad Schwartz; and Mayor Jack
Kirksey
On a motion by Laura, seconded by Brosnan, and unanimously adopted,
it was
#18-12 RESOLVED, that the Minutes of the 1,696th Regular
Meeting of the Council held January 11, 2012, are hereby approved as
submitted
Mayor Kirksey announced the Livonia Rotary Club hosts weekly
meetings on Mondays at Laurel Manor located at 39000 Schoolcraft Road at 9 00 a m
Mayor Kirksey told residents they can obtain more information about what the Rotary
Club does at its website of www.livoniarotary org Mayor Kirksey also indicated he
was very excited about some upcoming economic developments within the community
that are moving forward and companies that would be coming to Livonia and stated he
would keep the Council updated as things progressed
McCann extended congratulations and complimented Ford Motor
Company for being an environmentally friendly citizen doing business within the
Livonia community
Regular Meeting Minutes of January 25, 2012 38136
Vice President Pastor announced the following Public Hearing to be held
on Monday, February 6, 2012, at 7 00 p m in the Auditorium of the Livonia City Hall,
33000 Civic Center Drive, Livonia, Michigan
Petition 2011-10-06-02 submitted by the City Planning Commission,
pursuant to Section 23 01(a) of the Livonia Zoning Ordinance No 543,
as amended, proposing to amend Subsection (b) of Section 18 50D
(Permitted Signs) of Article XXVIII of the Livonia Zoning Ordinance so as
to permit and regulate the painting of residential addresses on street
curbs in the City of Livonia right-of-way (CR 321-11)
During Audience Communication, John Grzebik, 11301 Hubbell,
addressed Council to inform residents of the Livonia Public Schools' "Destination
Graduation" event to be held at Franklin High School on Thursday, February 2, 2012,
from 5 00 p m to 8 00 p m Mr Grzebik indicated advance tickets were for sale and
would be $5 00 for students and $7 00 for adults and could be purchased at the door
of the event for $7 00 for students and $9 00 for adults Mr Grzebik indicated the
proceeds from the event go to fund the Senior All Night Party at the various Livonia
high schools and stated vendors from all over the community would be present to help
families plan graduation parties and/or any other summer parties and encouraged
anyone looking to plan a party to attend the worthy event.
A communication from the Department of Law, dated January 24, 2012,
re revenue from any collocators which utilize the cell tower at Jaycee Park indicating
same have no outstanding violations, was received and placed on file for the
information of the Council (CR 429-99)
On a motion by Robinson, seconded by Brosnan, it was
#19-12 RESOLVED, that having considered a communication from
Beth Henson, Asset Manager, Global Tower Partners, dated December
8, 2011, to which is attached a proposed First Amendment to the
existing Lease Agreement between the City of Livonia and Global Tower
Partners to add four (4) additional five (5) year terms for a cellular tower
within Jaycee Park, with the first extension to begin July 1, 2014, the
Council does hereby authorize the Mayor and City Clerk, for and on
behalf of the City of Livonia, to execute the attached First Amendment to
the Lease Agreement in the manner and form herein submitted, as well
as to do all things necessary or incidental to the full performance of this
resolution
#20-12 RESOLVED, that having considered a communication from
the City Clerk, dated December 22, 2011, forwarding an application
submitted by Christopher Pullen, 753 Withington, Ferndale, Michigan
48220, for a massage therapist permit and in accordance with Chapter
Regular Meeting Minutes of January 25, 2012 38137
5 49 of the Livonia Code of Ordinances, as amended, the Council does
hereby approve this request in the manner and form herein submitted,
and the City Clerk is hereby requested to do all things necessary or
incidental to the full performance of this resolution
#21-12 RESOLVED, that having considered a communication from
the Assistant Assessor, dated December 28, 2011, which bears the
signature of the Director of Finance and is approved for submission by
the Mayor, and in accordance with Chapter VIII, Section 6 of the Charter
of the City of Livonia, the Council does hereby determine to approve the
following dates for the Board of Review to conduct Public Hearings in
2012, which Public Hearings are to be conducted in the conference room
of the City Assessor on the first floor of the Livonia City Hall, 33000 Civic
Center Drive, Livonia, Michigan 48154
FIRST SESSION
Tuesday March 6 2012 Organizational Meeting 9.00 a.m — 1 00 p m
Wednesday March 7, 2012 9.00 a.m — 12 00 p m 1 30 p m —4 00 p m
Thursday March 8, 2012 9.00 a.m — 12.00 p m. 1 30 p m —4 00 p m
Friday March 9, 2012 9.00 a.m — 12 00 p m. 1 30 p m —4 00 p m
SECOND SESSION
Monday March 12, 2012 9.00 a.m — 12:00 p m 1 30 p m — 4 00 p m
Tuesday March 13, 2012 9-00 a.m — 12.00 p m 2 00 p m —7 30 p m.
Thursday March 15, 2012 9-00 a m — 12 00 p m 2.00 p m —7 30 p m
Friday March 16, 2012 9.00 a m — 12.00 p m 1 30 p m —4 00 p m
Monday March 19, 2012 9.00 a m — 12.00 p m. 1 30 p m —4 00 p m.
FURTHER, the Council does hereby determine that the daily rate of
compensation to be paid to the members of the Board of Review shall be
$120 00 for the Chairperson and $100 00 for other members
Pursuant to Public Act No 165, Public Acts of 1971, we hereby give
notice that the following tentative ratios and multipliers will be used to
determine the State Equalized Value (S E V ) for the year 2012
CLASS RATIO S.E.V. FACTOR (MULTIPLIER)
Agricultural 50 00 1 0000
Commercial 50 00 1 0000
Industrial 50 00 1 0000
Residential 50 00 1 0000
Personal 50 00 1 0000
#22-12 RESOLVED, that having considered the report and
recommendation of the Information Systems Director and the Director of
Finance, dated January 3, 2012, approved for submission by the Mayor,
the Council does hereby accept the bid of NETech Corporation, 26800
Meadowbrook Road, Suite 119, Novi, Michigan 48377, for providing the
Regular Meeting Minutes of January 25, 2012 38138
Information Systems Department with an upgrade of the City's Virtual
Server Environment in the amount of $67,110 00, the same having been
in fact the lowest bid received and meets all specifications, FURTHER,
the Council does hereby authorize the purchase of VMware Licensing
from Merit Networks, 1000 Oakbrook Drive, Suite 200, Ann Arbor,
Michigan 48104, in the total amount of $13,149 20, FURTHER, the
Council does hereby authorize an expenditure in the amount not to
exceed $80,259 20 from funds already budgeted in Account No 401-
000-986-000 for this purpose
#23-12 RESOLVED, that having considered the report and
recommendation of the Information Systems Director and the Director
of Finance, dated January 3, 2012, approved for submission by the
Mayor, the Council does hereby accept the quote of Service Express
Inc (SEI), 4845 Corporate Exchange Blvd S E , Grand Rapids,
Michigan 49512, for providing the Information Systems Department with
out-of-warranty server maintenance for the period of January 1, 2012,
to December 31, 2012, in the amount of $18,052 80, FURTHER, the
Council does hereby authorize an expenditure in an amount not to
exceed $18,052 80 from funds already budgeted in the following
accounts $10,773 60 from Account No 101-306-851-010, $5,983 20
from Account No 101-915-851-010, $648 00 from Account No 271-
739-934-000, and $648 00 from Account No 271-740-934-000 for this
purpose, FURTHER, the Council does hereby authorize such action
without competitive bidding for the reasons indicated in the aforesaid
communication, and such action is taken in accordance with Section
3 04 140 D 4 of the Livonia Code of Ordinances, as amended, and the
City Clerk is hereby requested to do all things necessary or incidental to
the full performance of this resolution
#24-12 RESOLVED, that having considered the report and
recommendation of the Superintendent of Public Service — Operations
and the Director of Public Works, dated January 9, 2012, which bears
the signature of the Director of Finance and is approved for submission
by the Mayor, the Council does hereby accept the unit price bid of Greg
Davis Landscape Services, Inc , 20525 Fremont, Livonia, Michigan
48152, for completing all work required in connection with the City's
2012 Street Tree Planting Program for the estimated total cost of
$100,806 00, based upon the Public Service Division's estimate of units
involved, and subject to 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 lowest bid
received for this item, FURTHER, the Council does hereby authorize the
expenditure of a sum not to exceed $100,806 00 from funds already
budgeted in Account No 204-781-818-047 for this purpose, FURTHER,
in the event the low bidder is unable to supply certain species of trees,
the Council does hereby accept the unit price bid of the second lowest
bidder, Crimboli Nursery, Inc , 50145 Ford Road, Canton, Michigan
Regular Meeting Minutes of January 25, 2012 38139
48187, to supply those species for the City's 2012 Street Tree Planting
Program in an amount not to exceed $103,428 00, 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(s) and to do all other
it things necessary or incidental to the full performance of this resolution
#25-12 RESOLVED, that having considered the report and
recommendation of the Superintendent of Public Service — Operations
and the Director of Public Works, dated January 5, 2012, which bears
the signature of the Director of Finance and is approved for submission
by the Mayor, the Council does hereby accept the unit price bid of Sod
Solutions, 14382 Sunbury, Livonia, Michigan 48154, for completing all
work required in connection with the City's 2012 Tree and Stump
Removal Program for an estimated total cost not to exceed $117,171 00,
said estimated cost and unit prices having been in fact the lowest bid
received for this item and meets all specifications, FURTHER, the
Council does hereby authorize an expenditure not to exceed
$117,171 00 from funds already budgeted in Account No 205-527-818-
045 (Municipal Refuse Fund Contractual Services - Forestry) for this
purpose, and the Director of Public Works 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
#26-12 RESOLVED, that having considered a communication from
the Director of Public Works, dated January 6, 2012, which bears the
signature of the Director of Finance and is approved for submission by
the Mayor, the Council does hereby accept the proposal submitted by
GZA GeoEnvironmental, Inc , 19500 Victor Parkway, Suite 300, Livonia,
Michigan 48152, to perform specialty services and to produce
environmental reports and supervision of other required work that may
be required by the Michigan Department of Environmental Quality
(MDEQ), the Detroit Water and Sewer Department (DWSD), and the
Wayne County Department of Environment (WCDOE) for Livonia's
Public Act 87 and Type III landfill sites for a sum not to exceed
$28,279 00 per year for a three (3) year period (2012, 2013 and 2014),
FURTHER, the Council does hereby authorize an expenditure in an
amount not to exceed $28,279 00 from funds budgeted in Account No
205-527-818-041 (Consulting Services — Landfill Remediation) for this
purpose per year (2012, 2013 and 2014), and the Director of Public
Works 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
Regular Meeting Minutes of January 25, 2012 38140
A communication from the Public Service Division, dated January 17,
2012, re clarifying the recommendation to the Livonia City Council regarding the 2012
— 2014 Municipal Park Mowing Program, was received and placed on file for the
information of the Council
#27-12 RESOLVED, that having considered the report and
recommendation of the Superintendent of Public Works — Operations
and the Director of Public Works, dated January 9, 2012, 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 Great Lakes
Landscaping, 25212 Ryan Road, Warren, Michigan 48091, for
completing all work required in connection with the City's 2012 - 2014
Municipal Mowing Program, for the estimated cost of $31,931 06 per
year, the same having been in fact the lowest bid received and meets all
specifications, FURTHER, in the event the lowest bidder is unable to
perform the services, the Council does hereby accept the bid of
Apartment Services Co , Inc , as an alternate for completing all work
required for the City's 2012 - 2014 Municipal Mowing Program for the
estimated cost of $35,420 00 per year; FURTHER, the Council does
hereby authorize the expenditure of the foregoing amounts from funds
budgeted in Account No 101-704-818-015 (Parks and Forestry Fund)
for this purpose, and the Director of Public Works 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(s) and to do
all other things necessary or incidental to the full performance of this
resolution
#28-12 RESOLVED, that having considered the report and
recommendation of the Superintendent of Public Service — Environment
& Utilities and the Director of Public Works, dated January 7, 2012,
which bears the signature of the Director of Finance and is approved for
submission by the Mayor, the Council does hereby determine to take the
following actions
• To award the contract for truck transport unmetered (over 5000
gallons) through the Michigan Intergovernmental Trade Network
(MITN) to Petroleum Traders, Inc , 7120 Pointe Inverness Way,
Fort Wayne, Indiana 46804, to supply the City of Livonia with
gasoline and diesel fuel under the terms and conditions of the bid
for the period February 1, 2012, through January 31, 2014, with
the option to extend the terms and conditions an additional two
years upon mutual consent.
Regular Meeting Minutes of January 25, 2012 38141
• To award the contract for truck transport unmetered (over 5000
gallons) through the Michigan Intergovernmental Trade Network
(MITN) to RKA Petroleum Companies, Inc , 28340 Wick Road,
Romulus, Michigan 48174, to supply the City of Livonia with
gasoline and diesel fuel under the terms and conditions of the bid
for the period February 1, 2012, through January 31, 2014, with
the option to extend the terms and conditions an additional two
years upon mutual consent.
• To award the contract for tank wagon metered (under 5000
gallons) through the Michigan Intergovernmental Trade Network
(MITN) to Atlas Oil Company, 24501 Ecorse Road, Taylor,
Michigan 48180, to supply the City of Livonia with gasoline and
diesel fuel under the terms and conditions of the bid for the period
February 1, 2012, through January 31, 2014, with the option to
extend the terms and conditions an additional two years upon
mutual consent.
• To waive the formal bidding process in accordance with Section
3 04 140 D 4 of the Livonia Code of Ordinances, as amended,
since no advantage to the City would result from a separate
competitive bidding process by Livonia
and the Mayor and City Clerk are hereby authorized to execute contracts
for and on behalf of the City of Livonia with the aforesaid companies and
to do all other things necessary or incidental to the full performance of
this resolution
#29-12 RESOLVED, that having considered a communication from
the Department of Law, dated January 11, 2012, which is approved for
submission by the Mayor, to which is attached a proposed Second
Amendment to Lease Agreement between the City of Livonia and New
Cingular Wireless PCS, Inc., d/b/a AT&T Wireless Services, which
includes a completed Exhibit D setting forth rents to be paid pursuant to
said lease, the Council does hereby authorize the Mayor and City Clerk,
for and on behalf of the City of Livonia, to execute the proposed Second
Amendment to Lease Agreement between the City of Livonia and New
Cingular Wireless PCS, LLC, as successor-in-interest to AT&T Wireless
PCS, Inc , for a five-year period, with four additional five-year renewal
periods, and payable upon the terms and conditions detailed in the
proposed agreement and the attached Exhibit D, and subject to approval
as to form by the Department of Law, and the City Clerk is hereby
requested to do all 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 Brosnan, Kritzman, McCann, Laura, Robinson, and Pastor
Regular Meeting Minutes of January 25, 2012 38142
NAYS None
A communication from the Livonia Housing Commission, dated January
23, 2012, re additional information concerning the sale of the City-owned property
located at 29524 Joy Road, was received and placed on file for the information of the
Council (CR 259-10)
An e-mail communication from Mack Bryant, a state licensed appraiser
from Metro-West Appraisal Co , LLC , dated January 25, 2012, re appraisal
procedures and homes analyzed for comparable values of homes sold within a
community, was received and placed on file for the information of the Council (CR
259-10)
On a motion by Brosnan, seconded by McCann, it was
#30-12 RESOLVED, that having considered a communication from
the Director of the Housing Commission, dated January 6, 2012, which
bears the signature of the Director of Finance and is approved for
submission by the Mayor, submitted pursuant to Council Resolution 259-
10, the Council does hereby accept the offer of Tara Durocher to
purchase City-owned property located at 29524 Joy Road, Livonia,
Michigan, for a total cash purchase price of $29,900 00, the action
herein being taken in order to best serve the interests of the community;
FURTHER, the Council does hereby direct that the sale proceeds be
directed to the Neighborhood Stabilization Program for purposes
consistent with the NSP Grant Agreement; and the Director of the
Housing Commission is 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 Director of the Housing Commission
and the Department of Law are 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 the same 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 Brosnan, Katzman, McCann, and Pastor
NAYS Laura and Robinson
Regular Meeting Minutes of January 25, 2012 38143
Vice President Pastor declared the resolution adopted
On a motion by Laura, seconded by McCann, and unanimously adopted,
it was
#31-12 RESOLVED, that at the request of Councilmember Joe
Laura and further discussion by the Council, the Council does hereby
refer the subject matter of selling City-owned properties to the Economic
Development, Community Outreach and Strategic Planning Committee
for its report and recommendation
On a motion by Brosnan, seconded by Katzman, and unanimously
adopted, it was
#32-12 WHEREAS, pursuant to Act No 198 of the Public Acts of
1974, as amended, this Council has the authority to establish Industrial
Development Districts within the boundaries of the City of Livonia, and
WHEREAS, a proposal was made regarding the establishment of an
Industrial Development District encompassing land situated in the City of
Livonia, located in the Southeast 1/4 of Section 6, consisting of
approximately 10 43 acres, more particularly described in Exhibit A,
attached hereto and incorporated by reference herein, which area is
hereinafter referred to as "City of Livonia Industrial Development District
No 114", and
WHEREAS, written notice has been given by certified mail to all owners
of real property within the boundaries of City of Livonia Industrial
Development District No 114 regarding the Council's pending action on
this resolution and of their right to a hearing on the establishment of
proposed City of Livonia Industrial Development District No 114, and
WHEREAS, notice has been given to all interested owners, residents
and taxpayers in the Livonia area of a public hearing on the
establishment of the proposed City of Livonia Industrial Development
District No 114, and
WHEREAS, on Wednesday, January 18, 2012, a public hearing was
held on the establishment of proposed City of Livonia Industrial
Development District No 114, at which time all interested owners,
residents and taxpayers of the City of Livonia had an opportunity to be
heard (a copy of the statements both written and oral made at such
hearing being on file with this City Council),
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
LIVONIA, AS FOLLOWS
Regular Meeting Minutes of January 25, 2012 38144
1 An Industrial Development District is hereby established, such
district to consist of the area described in Exhibit A, attached
hereto
2 Such Industrial Development District is hereby designated as the
"City of Livonia Industrial District No 114 "
EXHIBIT A
Unit 2, Victor Park Place, a condominium according to the Master
Deed thereof recorded in Liber 46590, Page 1351, Wayne County
Records, and designated as Wayne County Condominium
Subdivision Plan No 956 and any amendments thereto, together
with an undivided interest in the common elements of said
condominium as set forth in said Master Deed, and any
amendments thereto, as described in Act 59 of the Public Acts of
Michigan of 1978, as amended
Matthew Sosin, Vice President, Livonia - IT Building, LLC, was present to answer any
questions of Council and indicated construction was expected to begin in March,
2012
On a motion by McCann, seconded by Laura, and unanimously adopted,
it was
#33-12 RESOLVED, that having considered a communication from
the Fire Chief, dated January 4, 2012, 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 a cash
donation in the amount of $400 00 from Mr and Mrs William Gravel,
19439 Whitby, Livonia, Michigan 48152, the same to be deposited in and
credited to Account No 702-285-336 for the purposes as designated by
the donor
On a motion by Brosnan, seconded by Robinson, it was
#34-12 RESOLVED, that having considered a communication from
the Department of Law dated January 19, 2012, 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, Middlebelt Plymouth Venture, LLC (LA Fitness) v City of
Livonia
A roll call vote was taken on the foregoing resolution with the following result:
Regular Meeting Minutes of January 25, 2012 38145
AYES Brosnan, Katzman, McCann, Laura, Robinson, and Pastor
NAYS None
Vice President Pastor declared the resolution adopted
On a motion by Laura, seconded by Brosnan, and unanimously adopted,
it was
#35-12 RESOLVED, that at the request of Councilmember Joe
Laura and further discussion by the Council, the Council does hereby
refer the subject matter of creating a "Downtown Livonia" area to the
Economic Development, Community Outreach and Strategic Planning
Committee for its report and recommendation
Laura thanked the members of St. Michael's Boy Scout Troop 271 for
attending the Council meeting and participating in local government and had them
approach the microphone and introduce themselves individually before Council
Vice President Pastor thanked the members of Boy Scout Troop 271 for
attending the meeting and indicated he appreciated their time and participation in
good government.
During Audience Communication, Edward Collins, 9659 Wayne Road,
addressed Council to express his concern for residents' safety given the speed limit
along Wayne Road, from Plymouth Road to West Chicago, is 45 miles per hour Mr
Collins indicated his neighbor was recently hit by a car and subsequently died from his
injuries as a result of speeding vehicles in the area and wanted direction as to who to
address his concerns to in order to have the area more carefully observed by the
Livonia Police Department and inquired what needed to be done to reduce the speed
limit given the residential nature of the area
On a motion by Robinson, seconded by McCann, and unanimously
adopted, this 1,697th Regular Meeting of the Council of the City of Livonia was
adjourned at 8 31 p m
� 4t7
Terry. Marecki, City Clerk