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HomeMy WebLinkAboutCOUNCIL MINUTES 2011-04-20 37845 MINUTES OF THE ONE THOUSAND SIX HUNDRED SEVENTY NINTH REGULAR MEETING OF APRIL 20, 2011 On April 20, 2011, 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 Vice President Laura led the meeting with the Pledge of Allegiance Roll was called with the following result: Joe Laura, Laura Toy, Conrad Schwartz, Brian Meakin, and James McCann Absent: Maureen Miller Brosnan and John Pastor Elected and appointed officials present: Todd Zilincik, City Engineer; Karen Tesner, Director of Legislative Affairs, Mark Taormina, City Planner; Don Knapp, City Attorney; Terry Marecki, City Clerk, and Mayor Jack Kirksey On a motion by Toy, seconded by Schwartz, and unanimously adopted, it was #94-11 RESOLVED, that the Minutes of the 1,678th Regular Meeting of the Council held April 6, 2011, are hereby approved as submitted At the direction of the Chair, Agenda Items #15 and #23 were removed from the Agenda at the request of Councilmembers Pastor and Brosnan President McCann announced there would be an "X" item discussed at the end of tonight's meeting regarding a request from the Department of Law to schedule a closed Committee of the Whole meeting regarding pending litigation and attorney/client privileged communication with respect to Target Corporation v City of Livonia Meakin announced former Police Chief Bill Crayk was honored today at the Livonia Retirement System meeting and presented with a pin by Mayor Kirksey for his 50 years of service Meakin stated Mr Crayk retired on December 22, 1990, after 30 years of service with the City and began his career as a patrolman who worked his way up through the ranks to Chief of Police Meakin congratulated Mr Crayk for his 50 years of service to the Livonia community Regular Meeting Minutes of April 20, 2011 37846 Laura indicated he had received a request from a resident to announce the Detroit Story League will present its "Once Upon A Time" First Annual Story Telling Concert for children ages 4-10 on Saturday, April 30, 2011, starting at 2 00 p m at the Livonia Civic Center Library on Five Mile Road Laura indicated the cost of admission is $2 00 per child and $5 00 for a family and the event will feature Ming Louie and various local members Police Chief Robert Stevenson addressed Council to indicate Captain Mark LaBerge will be retiring after 31 plus years of service Chief Stevenson indicated Captain LaBerge was offered and has accepted the position as Director of Campus Security for Henry Ford Community College Chief Stevenson stated Captain LaBerge grew up in the Livonia community and began his career as a young man, working his way up throughout the years and serving in various capacities at the Police Department. Chief Stevenson indicated Captain LaBerge was oftentimes referred to as the "face" of the Department and worked very closely with the Livonia Chamber of Commerce Chief Stevenson stated Captain LaBerge was a tireless worker and congratulated and thanked him for his many years of dedicated service in Public Safety During Audience Communication, Cosimo DiCesare, 57151 Deer Creek Court, Washington, representative on behalf of Italia Construction Company, agreed to present a statement to Council at the Regular meeting of May 11, 2011, as the Agenda item he wished to address had been adjourned to said meeting Christopher Martin, 12275 Inkster Road, addressed Council to express his belief that Mr DiCesare from Italia Construction Company should have been allowed to speak on an item even though it was removed from the Agenda and should also be allowed to speak regarding the matter again at the next Regular meeting A communication from the Department of Finance, dated March 24, 2011, re forwarding various financial statements of the City of Livonia for the month ending January 31, 2011, was received and placed on file for the information of the Council A communication from the Department of Finance, dated March 31, 2011, re forwarding various financial statements of the City of Livonia for the month ending February 28, 2011, was received and placed on file for the information of the Council Regular Meeting Minutes of April 20, 2011 37847 A communication from the Department of Finance, dated April 4, 2011, re forwarding the Quarterly Investment Report for the City of Livonia as of February 28, 2011, was received and placed on file for the information of the Council On a motion by Toy, seconded by Laura, it was #95-11 RESOLVED, that having considered a letter from David Bibik, Clarenceville Athletic Booster Club President, received in the Office of the City Clerk on March 24, 2011, the Council does hereby take this means to indicate that the Clarenceville Athletic Booster Club is recognized as a non-profit organization operating in the community, and the action herein being taken for the purpose of affording Clarenceville Athletic Booster Club an opportunity to obtain a charitable gaming license or registration from the State of Michigan in accordance with provisions of State statute #96-11 RESOLVED, that having considered a letter from Fred E Sackllah, Festival Chair Person, The Basilica of St. Mary Antiochian Orthodox Church, dated March 31, 2011, regarding their Third Annual Sahara Fest scheduled for Thursday through Sunday, June 2-5, 2011, the Council does hereby determine to waive Section 8 32 070 (Noise Control) of the Livonia Code of Ordinances between the hours of 10 00 a m and 10 00 p m , except on Sunday ending at 9 00 p m , in connection with this event to be held June 2-5, 2011, at Bryant Park located at 18000 Merriman Road, and that the appropriate level of amplified music will be controlled by a church-appointed "sound engineer" who will have total control of the sound system at all times and that the speakers inside the tent will be pointed north (toward the church) and away from neighboring houses in connection with this event to be held June 2-5, 2011, at Bryant Park located at 18000 Merriman Road, FURTHER, the Council does hereby limit the live music hours from 6 00 p m to 8 30 p m on Thursday, 6 00 p m to 9 30 p m on Friday, 4 00 p m to 9 30 p m on Saturday, and 1 00 p m to 7 00 p m on Sunday; FURTHER, the Council does hereby grant and approve three (3) 4' x 4' signs to be placed on St. Mary's property and at Bryant Park no earlier than Wednesday, May 18, 2011, and removed no later than Tuesday, June 7, 2011 #97-11 RESOLVED, that having considered a letter from Arica Flores, American Cancer Society, Relay for Life, dated April 4, 2011, which requests permission to waive Sections 8 32 070 (Noise Control) and 12 20 080 (Public Lands) of the Livonia Code of Ordinances, as amended, in connection with their overnight outdoor gathering to raise funds for the fight against cancer, which will take place in Livonia from 10 00 a m Saturday, June 4, 2011, through 10 00 a m Sunday, June 5, 2011, to allow the playing of music and announcements via Regular Meeting Minutes of April 20, 2011 37848 loudspeakers, as well as the erection and use of tents on public land (Bentley Field), the Council does hereby grant and approve this request in the manner and form herein submitted, subject to providing the City with evidence of liability insurance coverage and execution of an appropriate Hold Harmless Agreement. #98-11 RESOLVED, that having considered a communication from the City Assessor, dated March 28, 2011, approved for submission by the Mayor, with regard to a request from Kucyk, Soave & Fernandes, PLLC, and in accordance with the provisions of 1967 PA 288, as amended, as well as Section 18 46 of Ordinance No 543, as amended, the Council does hereby approve of the proposed division of Tax Item No 46-005-02-0015-002 into two parcels, the legal descriptions of which shall read as follows Parcel "A" The South 1/2 of the North 1/2 of Lot 15 of "Elmwood Farms", being a subdivision of part of the Northeast 1/4 of Section 2, T 1 S , R 9E , City of Livonia, Wayne County, Michigan as recorded in Liber 48 of Plats, Page 59, Wayne County Records Containing 0 375 Acres Parcel "B" The North 1/2 of the North '/2 of Lot 15 of "Elmwood Farms", being a subdivision of part of the Northeast 1/4 of Section 2, T 1 S , R 9E , City of Livonia, Wayne County, Michigan as recorded in Liber 48 of Plats, Page 59, Wayne County Records Containing 0 375 Acres as shown on the map attached to the aforesaid communication which is made a part hereof by reference, FURTHER, in accordance with Section 16 32 030 of the Livonia Code of Ordinances, as amended, and Section 18 46 of Zoning Ordinance No 543, as amended, the Council does hereby waive the depth-to-width ratio requirements set forth in Zoning Ordinance No 543, as amended, with respect to this property division since the proposed lot substantially complies with the applicable lot width requirement and the proposed lots would be consistent with the size, shape and width of lots existing in the vicinity of the proposed split; and the City Clerk is hereby requested to cause a certified copy of this resolution to be recorded in the Office of the Wayne County Register of Deeds #99-11 RESOLVED, that having considered a communication from the Mayor, dated April 4, 2011, wherein he has requested approval of the reappointment of Lowell Peterson, 9420 Lathers, Livonia, Michigan 48150, to the Livonia Plymouth Road Development Authority as a resident member at large for a four-year term expiring May 16, 2015, pursuant to Section 3 16 060 of the Livonia Code of Ordinances, as amended, and Act No 197 of the Public Acts of Michigan of 1975, as amended, the Council does hereby confirm and approve such reappointment. Regular Meeting Minutes of April 20, 2011 37849 #100-11 RESOLVED, that having considered the report and recommendation of the Chief of Police, dated April 1, 2011, which bears the signature of the Director of Finance, is approved as to form by the City Attorney and approved for submission by the Mayor, the Council does for, and on behalf of the City of Livonia, accept radio equipment from Wayne County purchased utilizing Public Safety Interoperable Communications Grant Funding with the City of Livonia to provide the required 25% matching funds in an amount not to exceed $41,991 00, FURTHER, the Council does authorize the purchase of additional EF Johnson radio equipment and accessories from Advanced Wireless Telecom, 49716 Martin Drive, Wixom, Michigan 48393, in the total amount of $81,387 57, FURTHER, the Council does hereby authorize an expenditure in an amount not to exceed $123,378 57 from proceeds of the "buy out" that was recently negotiated within the City's Frequency Reconfiguration Agreement and received from Sprint-Nextel for this purpose, FURTHER, the Council does hereby authorize the purchase of said items 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 #101-11 RESOLVED, that having considered the report and recommendation of the Chief of Police, dated April 4, 2011, which bears the signature of the Director of Finance, is approved as to form by the City Attorney and approved for submission by the Mayor, the Council does for, and on behalf of the City of Livonia, accept radio equipment from Wayne County purchased utilizing 2010 Interoperable Emergency Communications Grant Funding with the City of Livonia to provide the required 25% matching funds in an amount not to exceed $57,245 12, FURTHER, the Council does approve the purchase of additional Motorola radio equipment and accessories from Motorola, 2465 Riverside Drive, Suite 308, Trenton, Michigan 48183, in the total amount of $1,141,818 63, FURTHER, the Council does hereby authorize an expenditure in an amount not to exceed $419,776 75 (which includes the $57,245 12 grant match) from the account holding the proceeds of the "buy out" that was recently negotiated within the City's Frequency Reconfiguration Agreement and received from Sprint- Nextel for this purpose, FURTHER, the Council does hereby authorize an expenditure in the amount of $779,287 00 from funds budgeted in the Public Safety Communications Fund (Account No 261-000-984- 000) for this purpose, FURTHER, the Council does hereby authorize the purchase of said items 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 #102-11 RESOLVED, that having considered a communication from the Chairman of the Water and Sewer Board, dated April 4, 2011, Regular Meeting Minutes of April 20, 2011 37850 which bears the signature of the Director of Finance and is approved for submission by the Mayor, and which sets forth Water and Sewer Board resolution WS 4209 4/11, wherein the Board concurs in the recommendation made by the Superintendent of Public Service _ Environment & Utilities, dated March 22, 2011, the Council does hereby accept the unit price bid of SLC Meter Service, Inc , 10375 Dixie Highway, Davisburg, Michigan 48350, for supplying the Public Service Division (Water Maintenance Section) with water service parts and fittings for a period of two (2) years in an amount not to exceed $50,000 00 for the two year contract, the same having been in fact the lowest bid received which meets all specifications, FURTHER, the Council does hereby authorize such expenditure from funds already budgeted in Account No 592-000-111-020 for this purpose #103-11 RESOLVED, that having considered a communication from the Chairman of the Water and Sewer Board, dated April 4, 2011, which bears the signature of the Director of Finance and is approved for submission by the Mayor, and which sets forth Water and Sewer Board resolution WS 4208 4/11, wherein the Board concurs in the recommendation made by the Superintendent of Public Service - Environment & Utilities, dated March 22, 2011, the Council does hereby accept the unit price bid of SLC Meter Service, Inc., 10375 Dixie Highway, Davisburg, Michigan 48350, for supplying the Public Service Division (Water Maintenance Section) with water main repair clamps for a period of two (2) years in an amount not to exceed $65,000 00 for the two year contract, the same having been in fact the lowest bid received and meets all specifications, FURTHER, the Council does hereby authorize such expenditure from funds already budgeted in Account No 592-000-111-020 for this purpose #104-11 RESOLVED, that having considered a communication from the Director of Public Works, dated April 1, 2011, 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 2011, the Council does hereby approve participation in the Alliance of Rouge Communities (ARC) and for payment to the Alliance of Rouge Communities, c/o ECT, 719 Griswold St., Suite 820, Detroit, Michigan 48226, in the amount of $29,013 00 for the City's annual ARC Assessment for 2011, FURTHER, the Council does hereby authorize anexpenditurein the amount of $29,013 00 from funds already budgeted in Account No 592-559-840-030 (Professional and Contractual Services, Rouge/Illicit Disconnection Issues) for this purpose #105-11 RESOLVED, that having considered the report and recommendation of the Superintendent of Public Service - Operations and the Director of Public Works, dated March 29, 2011, which bears 416. Regular Meeting Minutes of April 20, 2011 37851 the signature of the Director of Finance and is approved for submission by the Mayor, the Council does hereby accept the unit price bids of Hercules & Hercules, 19055 W Davison, Detroit, Michigan 48223, Empire Equipment & Supply, 18639 Omira, Detroit, Michigan 48203, and Pyramid School Products, 6510 N 54th St., Tampa, Florida 33610, for supplying the Public Service Division (Building Maintenance Section) with custodial supplies for the period May 1, 2011, through April 30, 2012, the same having been in fact the lowest bids received and meet all specifications, and an amount not to exceed $65,000 00 is hereby authorized to be expended from funds already budgeted in Account No 101-447-776-000 for this purpose #106-11 RESOLVED, that having considered the report and recommendation of the City Engineer, dated March 29, 2011, 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 Hard Rock Concrete, Inc , 38146 Abruzzi Drive, Westland, Michigan 48185, for completing all work required in connection with the 2011 Concrete Road Repair Program (Contract 11-C) on various streets throughout the City of Livonia for the estimated total cost of $1,689,983 00, based on the Engineering Division's estimate of units of work involved and subject to the final payment based on the actual units of work completed in accordance with the unit prices accepted herein, said estimated cost and unit prices 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 $1,689,983 00 for the 2011 Concrete Road Repair Program from funds already budgeted in the Roads, Sidewalks and Tree Fund as follows Account No 204-463-818-110 (Reconstruction) $1,508,985 82 Account No 204-463-818-114 (Maintenance) $180,997 18 for this purpose, and the City Engineer is hereby authorized to approve any 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 #107-11 RESOLVED, that having considered the report and recommendation of the City Engineer, dated March 29, 2011, 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 Scodeller Construction, Inc , 51722 Grand River Ave , Wixom, Michigan 48393, for completing all work required in connection with the 2011 Pavement Crack and Joint Sealing Program (Contract 11-D) for the estimated Regular Meeting Minutes of April 20, 2011 37852 total cost of $94,750 00, 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 $75,800 00 from funds already budgeted in Account No 203-463-818- 117 (Local Roads) and in an amount not to exceed $18,950 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, 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 #108-11 RESOLVED, that having considered the report and recommendation of the City Engineer, dated March 31, 2011, 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 C & L Enterprizes, 11085 Lisa Lane, Shelby Township, Michigan 48316, for completing all work required in connection with the 2011 Sidewalk and Pavement Replacement Program - Water Main Breaks (Contract 11-F) for the estimated total cost of $48,788 00 (Phase I - $20,924 00 and Phase II $27,864 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, said estimated cost and unit prices having been in fact the lowest bid received for this item, FURTHER, the Council does hereby appropriate and authorize an expenditure in an amount not to exceed $48,788 00 from Water and Sewer Construction in Progress Account No 592-158- 000 for this purpose, 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 #109-11 RESOLVED, that having considered the report and recommendation of the City Engineer and the Director of Public Works, dated March 29, 2011, 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 R S Contracting, Inc , 9276 Marine City Hwy , Casco Twp , Michigan 48064 for completing all work required in connection with the 2011 Lane Line Marking Program (Contract 11-H) for the estimated total cost of $90,221 00, based on the Engineering Division's estimate of units involved, and subject to a Regular Meeting Minutes of April 20, 2011 37853 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 and only bid received and meets all specifications, FURTHER, the Council does hereby authorize an expenditure in an amount not to exceed $90,221 00 from funds already budgeted in Account No 202-463-818-118 (Contractual Services Lane Line Marking) for this purpose, 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, for and on behalf of the City of Livonia, to execute a contract with the aforesaid bidder and to do all other things necessary or incidental to the full performance of this resolution #110-11 RESOLVED, that having considered the report and recommendation of the City Engineer, dated April 1, 2011, which bears the signature of the Director of Finance and the City Attorney, is approved by the Director of Public Works and approved for submission by the Mayor, to which is attached a proposed Agreement between the City of Livonia and Orchard, Hiltz & McCliment, Inc , the Council does hereby authorize the Mayor and City Clerk, for and on behalf of the City of Livonia, to execute the attached contract between the City of Livonia and Orchard, Hiltz & McCliment, Inc., 34000 Plymouth Road, Livonia, Michigan 48150, to provide design services for the Newburgh Road Reconstruction Project from Six Mile Road to Laurel Park Drive, and from Five Mile to Six Mile Roads in an amount not to exceed $234,866 00, FURTHER, the Council does hereby authorize an expenditure in an amount not to exceed $234,866 00 from funds budgeted in Account No 202-463-818-125 (Major Street Fund — City participation in County and MDOT projects) for this purpose, FURTHER, the Council does hereby authorize Orchard, Hiltz & McCliment, Inc to enter into a third-party agreement with the Michigan Department of Transportation for Construction Engineering Services, and the City Engineer is hereby authorized to approve minor adjustments in the work, as it becomes necessary #111-11 RESOLVED, that having considered the report and recommendation of the City Engineer, dated April 4, 2011, which bears the signature of the Director of Finance and the City Attorney, is approved by the Director of Public Works and approved for submission by the Mayor, to which is attached a proposed Agreement between the City of Livonia and Hubbell, Roth & Clark, Inc , the Council does hereby authorize the Mayor and City Clerk, for and on behalf of the City of Livonia, to execute the attached contract between the City of Livonia and Hubbell, Roth & Clark, Inc , 555 Hulet Drive, P 0 Box 824, Bloomfield Hills, Michigan 48303-0824, to provide design and construction engineering services for the Eight Mile Road Water Main Improvement Project in an amount not to exceed $74,850 00, FURTHER, the Council does hereby authorize an expenditure in an Regular Meeting Minutes of April 20, 2011 37854 amount not to exceed $74,850 00 from funds budgeted in Account No 592-158-000 (Construction in Progress) for this purpose, and the City Engineer is hereby authorized to approve minor adjustments in the work, as it becomes necessary A roll call vote was taken on the foregoing resolutions with the following result: AYES Laura, Toy, Schwartz, Meakin, and McCann NAYS None A communication from the Department of Law, dated April 14, 2011, re proposed amendment to Section 5 33 060A of the Livonia Code of Ordinances (Garage, Yard, Basement and Rummage Sales), as amended, was received and placed on file for the information of the Council (CR 395-09) A communication from the Office of the City Clerk, dated November 18, 2010, re requesting a change in the garage sale Ordinance, was received and placed on file for the information of the Council (CR 395-09) Schwartz gave first reading to the following Ordinance AN ORDINANCE AMENDING SECTION 060 OF TITLE 5, CHAPTER 33 (GARAGE, YARD, BASEMENT AND RUMMAGE SALES) 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 above Ordinance was placed on the table for consideration at an upcoming Regular meeting On a motion by Schwartz, seconded by Meakin, and unanimously adopted, it was #112-11 RESOLVED, that having considered the report and recommendation of the Legislative Affairs Committee, dated April 11, 2011, submitted pursuant to Council Resolution 57-11, regarding the subject of athletic recognition signs, the Council does hereby refer the subject of developing a policy on recognition signage to the Parks and Regular Meeting Minutes of April 20, 2011 37855 Recreation Commission and the Administration for its report and recommendation, said report to include a possible "Walk of Fame" concept with monument recognition A communication from the Department of Law, dated April 11, 2011, re additional information on the subject of designating an alternate member to serve on the Zoning Board of Appeals, was received and placed on file for the information of the Council (CR 23-11) On a motion by Schwartz, seconded by Laura, and unanimously adopted, it was #113-11 RESOLVED, that having considered the report and recommendation of the Legislative Affairs Committee, dated April 11, 2011, submitted pursuant to Council Resolution 23-11, regarding the subject of designating an alternate member to serve on the Zoning Board of Appeals, the Council does hereby determine to take no further action with regard to this matter On a motion by Schwartz, seconded by Laura, and unanimously adopted, it was #114-11 RESOLVED, that having considered the report and recommendation of the Legislative Affairs Committee, dated April 11, 2011, submitted pursuant to Council Resolution 167-10, regarding the subject of temporary retail sites, the Council does hereby determine to take no further action with regard to this matter Meakin gave first reading to the following Ordinance AN ORDINANCE AMENDING SECTION 040 OF TITLE 2, CHAPTER 32 (UNCLAIMED PERSONAL PROPERTY) 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 above Ordinance was placed on the table for consideration at an upcoming Regular meeting Regular Meeting Minutes of April 20, 2011 37856 A communication from the Department of Law, dated April 15, 2011, re differences between the 9th and 10th Editions of Robert's Rules of Order, was received and placed on file for the information of the Council Toy gave first reading to the following Ordinance AN ORDINANCE AMENDING SECTIONS 050, 060, 070, 110 AND 200 OF TITLE 2, CHAPTER 04 (CITY COUNCIL) 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 above Ordinance was placed on the table for consideration at an upcoming Regular meeting On a motion by Toy, seconded by Schwartz, it was #115-11 RESOLVED, that having considered a communication from the Director of the Housing Commission, dated March 17, 2011, the Council does hereby amend and revise Council Resolution No 329-10 to read as follows RESOLVED, that having considered a communication from the Director of the Housing Commission, dated August 30, 2010, which bears the signature of the Director of Finance and is approved for submission by the Mayor, submitted pursuant to Council Resolution 405-09, the Council does hereby accept the offer of Tammy and James Sekutowski to purchase City-owned property located at 28614 Seven Mile Road, Livonia, Michigan in the Southwest 1/4 of Section 1, further described as Lot(s) 1, Iris Gardens Subdivision, according to the plat thereof as recorded in Liber 67, Page(s) 55, Wayne County Records, for a total purchase price of $44,000 00, which sale is conditioned upon the purchasers obtaining financing and participating in a homeownership training program, 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 Regular Meeting Minutes of April 20, 2011 37857 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 Toy, Schwartz, Meakin, and McCann NAYS Laura The President declared the resolution adopted On a motion by Meakin, seconded by Toy, it was #116-11 RESOLVED, that having considered the report and recommendation of the Chief of Police, dated April 1, 2011, which bears the signature of the Director of Finance, is approved as to form by the City Attorney and approved for submission by the Mayor, the Council does hereby authorize another contract between the City of Livonia and Livonia Towing, Inc , 12955 Levan, Livonia, Michigan 48150, for police towing and storage services for a period of two (2) years, with the contract fees to remain the same as the existing agreement, previously authorized in Council Resolution 106-09, FURTHER, Livonia Towing, Inc shall abide by the towing and storage rates and fees established in Section 10 21 240 of the Livonia Code of Ordinances, as amended, FURTHER, the Council does hereby approve the request to waive the performance bond requirement for the reasons indicated in the report and recommendation of the Chief of Police, and the Mayor and City Clerk are hereby authorized to execute a contract, for and on behalf of the City of Livonia, with Livonia Towing, Inc provided same is approved as to form by the Department of Law; FURTHER, the Council does hereby authorize the action herein without competitive bidding for the reasons indicated in the aforesaid communication, 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 A roll call vote was taken on the foregoing resolution with the following result: AYES NAYS Toy, Meakin, and McCann Laura and Schwartz. Regular Meeting Minutes of April 20, 2011 37858 The President declared the resolution adopted it was On a motion by Meakin, seconded by Toy, and unanimously adopted, #117-11 RESOLVED, that having considered a communication from the Mayor, dated April 11, 2011, regarding placing a Public Safety Millage on the August 2011 primary election, the Council does hereby refer this matter to the Finance, Budget and Technology Committee for its report and recommendation Scott Morgan, Livonia Police Officer and President of the Livonia Police Officers' Association, addressed Council to voice their union's support of the proposed Public Safety Millage Mr Morgan indicated in the past several years the Livonia Police Department has been reduced from 197 to 158 police officers and their union has been aggressive in working with the City in contract negotiations to reduce costs while trying to maintain the same level of benefits to citizens Mr Morgan concluded by stating the funding is much needed and indicated any resident in support of, or interested in volunteering to support the proposed Public Safety Millage, should contact him directly at livoniapoavahoo.com Dave Bostater, Livonia Firefighter and President of the Livonia Professional Fire Fighters, addressed Council to indicate the proposed Public Safety Millage has the support of the entire firefighters' union and indicated it was vital to have citizens vote on maintaining Public Safety at the level they have become accustomed to Mr Bostater encouraged those who support the Public Safety Millage to visit the firefighters' website of www.livoniafirefighters.com Pat Moug, Livonia Police Officer and President of the Livonia Police Department's Lieutenants' and Sergeants' Association, addressed Council to indicate the proposed Public Safety Millage is supported by all the members of their union and indicated Public Safety is a primary concern for most residents and that is why citizens choose to live in specific communities Bill Hart, 32460 Ellen Court, addressed Council and indicated he has been a Detroit Firefighter for 23 years and has witnessed what lack of funding can do to desecrate a city Further, Mr Hart stated he has chosen to live in Livonia and would like to see the same level of Public Safety services he has grown use to and have confidence that City services will remain the same in the future Roger Matthews, 38530 Morningstar, addressed Council to inquire if the proposed Public Safety Millage will cause residents' tax bills to increase or if in fact residents will actually notice a decrease in their property tax bills and to speak in favor of placing the proposed millage on the ballot so that Livonia citizens could vote on the matter George Donabedian, 14236 Beatrice, addressed Council and indicated he was a 52 Regular Meeting Minutes of April 20, 2011 37859 year resident of Livonia and expressed his support of the proposed Public Safety Millage and felt the matter was important for Council to consider Michael Cretu, 14393 Hubbard, addressed Council to thank them for their hard work during very difficult times and stated that when emergency situations arise, time is crucial Mr Cretu stated he would like to see the matter go before the public for a vote and encouraged Council to carefully examine and discuss the matter in further detail On a motion by Toy, seconded by Meakin, and unanimously adopted, it was #118-11 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 Toy, seconded by Laura, it was #119-11 RESOLVED, that having considered a communication from the Department of Law, dated April 19, 2011, 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 pending litigation matters and attorney/client privileged communications with respect to Target Corporation v City of Livonia A roll call vote was taken on the foregoing resolution with the following result: AYES Laura, Toy, Schwartz, Meakin, and McCann NAYS None The President declared the resolution adopted There was no Audience Communication at the end of the meeting On a motion by Toy, seconded by Meakin, and unanimously adopted, this 1,679th Regular Meeting of the Council of the City of Livonia was adjourned at 856 p m Terry AjVlarecki, City Clerk