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HomeMy WebLinkAboutCOUNCIL MINUTES 2011-04-06 37829 MINUTES OF THE ONE THOUSAND SIX HUNDRED SEVENTY EIGHTH REGULAR MEETING OF APRIL 6, 2011 On April 6, 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 Councilmember Meakin led the meeting with an invocation Roll was called with the following result: Brian Meakin, Joe Laura, Laura Toy, Maureen Miller Brosnan, Conrad Schwartz, John Pastor, and James McCann Absent: None Elected and appointed officials present: Todd Zilincik, City Engineer; Karen Tesner, Director of Legislative Affairs, Mark Taormina, City Planner; Michael Slater, Director of Finance, Don Knapp, City Attorney; Terry Marecki, City Clerk, and Mayor Jack Kirksey On a motion by Toy, seconded by Pastor, it was #80-11 RESOLVED, that the Minutes of the 1,677th Regular Meeting of the Council held March 23, 2011, are hereby approved as submitted A roll call vote was taken on the foregoing resolution with the following result: AYES Meakin, Laura, Toy, Schwartz, Pastor, and McCann NAYS None PRESENT Brosnan Toy announced the Livonia community has lost a pioneer, Richard Joyner, who recently passed Toy stated Mr Joyner was very active for many years in the community and would be deeply missed by all Toy stated Mr Joyner led a long life and prayers would go out to his family President McCann announced there would be three (3) "X" items discussed at the end of tonight's meeting President McCann indicated the first item was a request to extend a contract for publication of the City's Newsletter for the Summer issue, the second item was a request to authorize payment to a contractor, Liqui-Force Services, Inc , for emergency sanitary sewer work performed on Regular Meeting Minutes of April 6, 2011 37830 Middlebelt Road, between Roycroft and Broadmoor; and the third item was 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 Ray v City of Livonia President McCann announced there would be two Public Hearings held on Monday, April 18, 2011, at 7 00 p m and 7 30 p m (or immediately following) in the Auditorium of the Livonia City Hall, 33000 Civic Center Drive, Livonia, Michigan Petition 2011-01-01-01 submitted by Robert Semaan requesting to rezone property located on the north side of Plymouth Road, between Wayne Road and Stark Road (34800 Plymouth Road), in the Southwest 1/4 of Section 28 from C-1 to C-2 (Local Business to General Business) (This matter has been rescheduled from an original Public Hearing date of April 6, 2011) and To determine necessity for a proposed Special Assessment District for the operation of an irrigation system along portions of Plymouth Road formerly paid for utilizing PRDA funds, pursuant to Section 3 08 070 of the Livonia Code of Ordinances, as amended (CR 79-11) President McCann announced the following Public Hearing to be held on Wednesday, April 20, 2011, at 7 00 p m in the Auditorium of the Livonia City Hall, 33000 Civic Center Drive, Livonia, Michigan John F Tenbusch, President, Linear Mold & Engineering, Inc , is requesting approval of an Industrial Facilities Exemption Certificate for the purchase of new equipment and machinery for their facility located at 12926 Stark Road, Livonia, MI 48150 (Industrial Development Overlay District #111) Mayor Kirksey addressed Council and indicated he was the Principal at Grant Elementary School where the Joyner family children attended and reiterated Mr Joyner was a longtime Livonia resident who will be greatly missed by all Mayor Kirksey also indicated his intent to invite Police Chief Stevenson to speak at the next Council meeting to amplify some recent unusual robbery attempts and the outstanding police work performed following same Mayor Kirksey then introduced Michael Slater, Director of Finance, who would speak about the recent State ranking of various cities throughout Michigan Michael Slater, Director of Finance, addressed Council to outline the recent article that appeared in the Detroit Free Press which ranked cities on their financial risk, according to the State Department of Treasury Mr Slater explained that cities were ranked 0 to 10 on various items and that a 0-4 ranking meant the cities were financially neutral, a 5-7 ranking meant those cities would be put on a "fiscal watch" by the State, and an 8-10 ranking of a city meant it was financially Regular Meeting Minutes of April 6, 2011 37831 distressed and at risk of being taken over by a State Financial Advisor Mr Slater indicated the methodology of ranking cities was flawed and that for each category a city was either given a 0 or a 1 ranking and Livonia's final score was a 5 Mr Slater indicated the City's ranking would be in effect for the next two years by the State of Michigan and that it would not impact the City's bond ranking or State shared revenue Mr Slater concluded by indicating he would follow up with the auditing firm for the City with regard to the City's ranking During Audience Communication, Jenny Burns, 14015 Sumner, Redford, addressed Council to indicate she worked with the Lyndon LaRouche Political Action Committee and expressed her political views and beliefs Ms Burns requested the opportunity to have a special meeting with Council to further discuss how to solve the local and federal governments' financial disasters and its subsequent consequences Ashwaq !man, 25513 Five Mile Road, Redford, addressed Council and indicated she was also involved with the Lyndon LaRouche Political Action Committee and expressed her political views and beliefs A communication from the Department of Finance, dated March 11, 2011, re forwarding various financial statements of the City of Livonia for the month ending December 31, 2010, was received and placed on file for the information of the Council On a motion by Pastor, seconded by Meakin, it was #81-11 RESOLVED, that having considered an application from Kathleen A Fitzgerald, 9917 Cranston, dated March 14, 2011, requesting permission to close Cranston between Elmira and Orangelawn on Monday, May 30, 2011, from 2 00 p m to 8 00 p m for the purpose of conducting a block party, the Council does hereby grant permission as requested, the action taken herein being made subject to the approval of the Police Department. #82-11 RESOLVED, that having considered a communication from the City Clerk, dated March 21, 2011, forwarding an application submitted by Shannon L. Ferguson, 27455 Burnham Blvd #94, Brownstown, Michigan 48183, for a massage therapist permit and in accordance with Chapter 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 Regular Meeting Minutes of April 6, 2011 37832 #83-11 RESOLVED, that having considered a letter from Tom Celan', President, Hearts of Livonia, dated March 15, 2011, the Council does hereby determine as follows 1 That Hearts of Livonia is a worthy non-profit charity in the community; 2 That the City of Livonia shall be one of the co-sponsors of the 2012 Ben Celani Golf Day Benefit; 3 That Hearts of Livonia is hereby granted approval to use the Whispering Willows and Fox Creek Municipal Golf Courses, only, on Wednesday, August 15, 2012, for the 32nd annual golf outing #84-11 RESOLVED, that having considered the report and recommendation of the Chief of Police, dated February 7, 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 the purchase of 13 replacement Police vehicles as follows • Five (5) 2011 Ford Crown Victoria Police Interceptors in an amount not to exceed $103,450 00, from Signature Ford, 1960 E Main Street, Owosso, Michigan 48867, through the Macomb County bid consortium, • One (1) 2011 Chevrolet Tahoe in an amount not to exceed $26,177 67, from Shaheen Chevrolet, 632 American Road, Lansing, Michigan 48911, through the State of Michigan bid process, • Two (2) 2011 Ford Edge SELs in an amount not to exceed $53,148 00, from Signature Ford, 3942 West Lansing Road, Perry, Michigan 48872, through the Macomb County bid consortium, • Two (2) 2011 Dodge Chargers in an amount not to exceed $54,976 00, from Slingerland Dodge, P 0 Box 1596, Owosso, Michigan 48867, through the Macomb County bid consortium, • One (1) 2011 Chevrolet Traverse in an amount not to exceed $29,653 07, from Shaheen Chevrolet, 632 American Road, Lansing, Michigan 48911, through the State of Michigan bid process, • One (1) 2011 Ford Taurus SEL in an amount not to exceed $23,287 00, from Signature Ford, 3942 West Lansing Road, Regular Meeting Minutes of April 6, 2011 37833 Perry, Michigan 48872, through the State of Michigan bid process, and • One (1) 2011 Ford Explorer in an amount not to exceed $28,710 00, from Varsity Ford, 3480 Jackson Avenue, Ann Arbor, Michigan 48106, through the State of Michigan bid process, all to be expended from funds already budgeted for this purpose as follows $129,627 67 from Account No 401-000-985-000, (Capital Outlay - Vehicles) and $189,774 07 from Account No 265-333-985- 000 (State Forfeiture), FURTHER, the Council does hereby determine to authorize the said purchases without competitive bidding inasmuch as the same are based upon the low Macomb County consortium and/or State of Michigan bids 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, FURTHER, the Council does hereby authorize the transfer of thirteen (13) surplus City-owned vehicles to other City departments or the disposal thereof at public auction after receipt of the new vehicles #85-11 RESOLVED, that having considered a communication from the Chairman of the Water and Sewer Board, dated March 21, 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 4207 3/11, wherein the Board concurs in the recommendation made by the City Engineer, dated March 18, 2011, the Council does hereby accept the unit price bid of EQ — The Environmental Quality Company, 36255 Michigan Avenue, Wayne, Michigan 48184 for the estimated total cost of $250,000 00, and Terra Contracting, LLC, 5787 Stadium Drive, Kalamazoo, Michigan 49009 for the estimated total cost of $180,000 00 for performing all work required in connection with the 2011 Sanitary Sewer Closed Circuit Televising Program (Contract 11-L), based upon the Engineering Department'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 two lowest bids received for this item, FURTHER, the Council does hereby appropriate and authorize the expenditure in an amount not to exceed $430,000 00 from the Unexpended Fund Balance of the Water and Sewer Fund (592) for the sanitary sewer closed circuit televising, 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 contracts for and on behalf of the City of Livonia with the aforesaid bidders 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: Regular Meeting Minutes of April 6, 2011 37834 AYES Meakin, Laura, Toy, Brosnan, Schwartz, Pastor, and McCann NAYS None Toy took from the table, for second reading and adoption, the following Ordinance AN ORDINANCE AMENDING SECTIONS 120, 130, 140, 190, AND 220 OF TITLE 3, CHAPTER 04 (FINANCIAL PROCEDURES) OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED A roll call vote was taken on the foregoing Ordinance with the following result: AYES Meakin, Laura, Toy, Brosnan, Schwartz, Pastor, and McCann NAYS None The President declared the foregoing Ordinance duly adopted, and would become effective on publication Meakin took from the table, for second reading and adoption, the following Ordinance AN ORDINANCE AMENDING SECTIONS 030 AND 050 OF TITLE 3, CHAPTER 06 (COST RECOVERY) OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED A roll call vote was taken on the foregoing Ordinance with the following result: AYES Meakin, Laura, Toy, Brosnan, Schwartz, Pastor, and McCann NAYS None The President declared the foregoing Ordinance duly adopted, and would become effective on publication Pastor took from the table, for second reading and adoption, the following Ordinance Regular Meeting Minutes of April 6, 2011 37835 AN ORDINANCE REPEALING CHAPTERS 18 (COKE AND COAL), 21 (DRIVE-IN THEATRES) AND 93 (WEIGHTS AND MEASURES) OF TITLE 5, OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED A roll call vote was taken on the foregoing Ordinance with the following result: AYES Meakin, Laura, Toy, Brosnan, Schwartz, Pastor, and McCann NAYS None The President declared the foregoing Ordinance duly adopted, and would become effective on publication On a motion by Toy, seconded by Brosnan, and unanimously adopted, it was #86-11 RESOLVED, that having considered a communication from the Fire Chief, dated March 15, 2011, 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 $300 00 from the Livonia Goodfellows, the same to be appropriated and credited to Account No 702 285-338 (Fire Car Seat Safety Donations), for use in connection with the purposes as designated by the donor On a motion by Pastor, seconded by Schwartz, and unanimously adopted, it was #87-11 RESOLVED, that having considered a communication from the Fire Chief, dated March 15, 2011, 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 $1,000 00 from Allstate, the same to be appropriated and credited to Account No 702 285-336 (Fire Community Donations), for use in connection with the purposes as designated by the donor On a motion by Pastor, seconded by Schwartz, and unanimously adopted, it was #88-11 RESOLVED, that having considered a communication from the Department of Law, dated March 18, 2011, approved for submission by the Mayor, transmitting for Council acceptance a Grant Regular Meeting Minutes of April 6, 2011 37836 of Easement executed by Livonia Phoenix, LLC in connection with the development of a sanitary sewer constructed at the Livonia Marketplace at Seven Mile and Middlebelt Roads in the Southeast 1/4 of Section 2, more particularly described as Description of a 20 feet wide easement for sanitary sewer located in the Southeast 1/4 of Section 2, Town 1 South, Range 9 East, City of Livonia, Wayne County, Michigan, more particularly described as Commencing at the Southeast Corner of Section 2, T1S, R9E, City of Livonia, Wayne County, Michigan, thence N89°52'30"W 706 33 feet along the South line of said Section 2 and the centerline of Seven Mile Road (120 00 feet wide), thence N00°00'00"E 60 00 feet; thence N89°52'30"W 537 98 feet along the North right-of-way line of said Seven Mile Road for a place of beginning, thence continuing N89°52'30"W 20 00 feet along the North right-of-way line of said Seven Mile Road, thence N00°51'54"E 275 85 feet; thence N13°54'22"W 393 78 feet; thence N00°49'22"E 10 67 feet; thence N90°00'00"E 20 00 feet; thence S00°49'22"W 8 37 feet; thence S13°54'22"E 384 73 feet; thence S89°33'51"E 260 81 feet; thence N70°09'53"E 238 12 feet; thence S19°50'07"E 20 00 feet; thence S70°09'53"W 241 69 feet; thence N89°33'51"W 262.22 feet; thence S00°51'54"W 266 96 feet to the place of beginning Also, commencing at the Southeast Corner of Section 2, T1S, R9E, City of Livonia, Wayne County, Michigan, thence N89°52'30"W 706 33 feet along the South line of said Section 2 and the centerline of Seven Mile Road (120 00 feet wide), thence N00°00'00"E 60 00 feet; thence N89°52'30"W 844 50 feet along the North right-of-way line of said Seven Mile Road, thence N00°07'30"E 1,028 57 feet for a place of beginning, thence N00°42'55"E 20 00 feet; thence S89°17'05"E 128 01 feet; thence S00°00'00"W 20 00 feet; thence N89°17'05"W 128.26 feet to the place of beginning The Council does hereby, for and in behalf of the City of Livonia, accept the aforesaid Grant of Easement 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 On a motion by Toy, seconded by Brosnan, and unanimously adopted, it was #89-11 RESOLVED, that having considered a communication from the Department of Law, dated March 18, 2011, approved for submission by the Mayor, transmitting for Council acceptance a Grant of Easement executed by Livonia Phoenix, LLC in connection with the Regular Meeting Minutes of April 6, 2011 37837 development of a water main constructed at the Livonia Marketplace at Seven Mile and Middlebelt Roads in the Southeast 1/4 of Section 2, more particularly described as Description of a 20 feet wide easement for water main located in the Southeast '/4 of Section 2, Town 1 South, Range 9 East, City of Livonia, Wayne County, Michigan, more particularly described as Commencing at the Southeast Corner of Section 2, T1S, R9E, City of Livonia, Wayne County, Michigan, thence N89°52'30"W 706 33 feet along the South line of said Section 2 and the centerline of Seven Mile Road (120 00 feet wide), thence N00°00'00"E 60 00 feet; thence N89°52'30"W 479 01 feet along the North right-of-way line of said Seven Mile Road for a place of beginning, thence continuing N89°52'30"W 20 00 feet along the North right-of-way line of said Seven Mile Road, thence N00°05'52"W 150 17 feet; thence S89°54'08"W 44 32 feet; thence N00°05'52"W 20 00 feet; thence N89°54'08"E 44 32 feet; thence N00°05'52"W 77 98 feet; thence S89°54'08"W 201 16 feet; thence S45°40'35"W 8 89 feet; thence N44°19'25"W 20 00 feet; thence N45°40'35"E 17 02 feet; thence N89°54'08"E 55 82 feet; thence N00°00'00" 174 40 feet; thence N05°00'00"W 92 47 feet; thence N00°00'00"E 62 15 feet; thence N90°00'00"W 57 91 feet; thence N45°00'00"W 60 51 feet; thence N90°00'00"W 91 81 feet; thence N00°00'00"E 53 17 feet; thence S90°00'00"E 20 00 feet; thence S00°00'00"W 33 17 feet, thence S90°00'00"E 80 09 feet; thence S45°00'00"E 60 51 feet, thence S90°00'00"E 49 62 feet; thence N00°00'00"E 52 30 feet; thence N90°00'00"E 20 00 feet; thence S00°00'00"W 133 57 feet, thence S05°00'00"E 92 47 feet; thence S00°00'00"E 175 24 feet; thence N89°54'08"E 376 22 feet; thence N67°24'08"E 219 98 feet; thence N00°16'07"E 175 66 feet; thence N44°19'44"W 84 05 feet; thence N00°00'20"E 0 11 feet; thence S89°43'53"E 27 98 feet; thence S44°19'44"E 72 69 feet; thence S00°16'07"W 157 50 feet; thence S89°19'44"E 13 04 feet; thence S00°40'16"W 20 00 feet; thence N89°19'44"W 12 90 feet; thence S00°16'07"W 19 64 feet; thence S67°24'08"W 204 59 feet; thence S22°35'52"E 71 17 feet; thence S00°00'00"W 7717 feet; thence S45°00'00"W 32 53 feet; thence N45°00'00"W 20 00 feet; thence N45°00'00"E 24 25 feet; thence N00°00'00"W 64 89 feet; thence N22°35'52"W 67 18 feet; thence S67°24'08"W 12 64 feet; thence S89°54'08"W 226 73 feet; thence S00°05'52"E 248.23 feet to the place of beginning Also, commencing at the Southeast Corner of Section 2, T1S, R9E, City of Livonia, Wayne County, Michigan, thence N89°52'30"W 706 33 feet along the South line of said Section 2 and the centerline of Seven Mile Road (120 00 feet wide), thence N00°00'00"E 60 00 feet; thence N89°52'30"W 910 00 feet along the North right-of-way line of said Seven Mile Road, thence N00°06'44"E 345 89 feet; thence Regular Meeting Minutes of April 6, 2011 37838 N18°19'41"W 31 48 feet; thence N00°06'26"E 592 76 feet; thence N89°58'28"W 344 60 feet; thence N00°06'02"E 289 00 feet; thence N00°02'16"E 307 36 feet along the West line of Lot 497 of tair "Supervisor's Livonia Plat No 8" as recorded in Liber 66 of Plats, Page 59, Wayne County Records, thence S89°52'26"E 533 84 feet along the South right-of-way line of the St. Martins Avenue (60 00 feet wide) and the North line of Lots 497 and 498 of said "Supervisor's Livonia Plat No 8", thence S00°00'00"E 176 06 feet; thence N90°00'00"E 57 44 feet for a place of beginning, thence continuing N90°00'00"E 15 52 feet; thence S00°00'00" E 332 67 feet; thence S90°00'00"W 5 80 feet; thence N00°00'00"E 43 42 feet; thence N22°30'00"W 25 41 feet; thence N00°00'00"E 241 17 feet; thence N90°00'00"W 97 04 feet; thence N00°00'00"E 59 85 feet; thence S90°00'00"E 20 00 feet; thence S00°00'00"W 39 85 feet; thence S90°00'00"E 77 04 feet; thence N00°00'00"E 4 60 feet to the place of beginning The Council does hereby, for and in behalf of the City of Livonia, accept the aforesaid Grant of Easement 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 On a motion by Pastor, seconded by Brosnan, and unanimously adopted, it was #90-11 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 Schwartz, and unanimously adopted, it was #91-11 RESOLVED, that having considered the report and recommendation of the Director of Community Resources, dated March 29, 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 a one- issue extension (the Summer issue) of the contract with Dearborn Lithograph, Inc , 12380 Globe Street, Livonia, Michigan 48150, for typesetting, printing, sorting and delivering to the Post Office, the summer issue only of the City's quarterly Newsletter for the total price of $6,400 00, FURTHER, the Council does hereby authorize an expenditure in an amount not to exceed $6,400 00 from funds already budgeted in Account No 101-891-886-110 (Special Activities) for this purpose, FURTHER, the Council does hereby authorize this service without competitive bidding for the reasons indicated in the aforesaid Regular Meeting Minutes of April 6, 2011 37839 communication, and such action is taken in accordance with Section 3 04 140 D 4 of the Livonia Code of Ordinances, as amended On a motion by Pastor, seconded by Brosnan, and unanimously adopted, it was #92-11 RESOLVED, that having considered a communication from the Chairman of the Water and Sewer Board, dated March 25, 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 3/11, wherein the Board concurs in the recommendation made by the Superintendent of Public Service — Environment and Utilities, dated March 24, 2011, the Council does hereby appropriate and authorize the expenditure in the sum of $45,001 50 from the Unexpended Fund Balance of the Water and Sewer Fund (592) to be paid to Liqui-Force Services, Inc , 28529 Goddard Road, Suite 106, Romulus, Michigan 48174, for completing all work required in connection with the emergency sanitary sewer repair on the 12-inch sewer main on Middlebelt Road, between Roycroft and Broadmoor; FURTHER, the Council does hereby authorize this 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 1 of the Livonia Code of Ordinances, as amended On a motion by Pastor, seconded by Meakin, it was #93-11 RESOLVED, that having considered a communication from the Department of Law, dated April 5, 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 litigation matters and attorney/client privileged communications in connection with pending litigation, Ray v City of Livonia A roll call vote was taken on the foregoing resolution with the following result: AYES Meakin, Laura, Toy, Brosnan, Schwartz, Pastor, and McCann NAYS None The President declared the resolution adopted There was no Audience Communication at the end of the meeting Regular Meeting Minutes of April 6, 2011 37840 On a motion by Laura, seconded by Toy, and unanimously adopted, this 1,678th Regular Meeting of the Council of the City of Livonia was adjourned at 837 p m Cje aG - i Terry. Marecki, City Clerk