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HomeMy WebLinkAboutSYNOPSIS - 2013-10-21 th SYNOPSIS OF THE MINUTES OF THE 1,739 REGULAR MEETING LIVONIA CITY COUNCIL – OCTOBER 21, 2013 Meeting was called to order at 7:00 p.m. Present: Thomas Robinson, Maureen Miller Brosnan, Brandon Kritzman, James McCann, and John Pastor. Absent: Joe Laura and Laura Toy. MAD #322-13 Resolution by Robinson and Brosnan, unanimously adopted, approving th FAT the minutes of the 1,738 Regular Meeting of the Council held October 7, 2013. Brosnan made an announcement on behalf of Senator Glenn Anderson. In honor of Veterans Day, at AMC 20 Theatre in Livonia local military veterans may request up to two tickets to see Argo at 3:00 p.m. Monday, November 11, 2013. An RSVP is required, RSVP via mail to Sen. Glenn S. Anderson, Attn: Scott, P.O. Box 30036, Lansing, MI 48909, phone at 866-262-7306, or email at SenatorAnderson@senate.michigan.gov . Vice-President Pastor announced there is new data on Items #1, #9a, #14, #15 and #16; also, there are two (2) X-Items that will be discussed following tonight’s Agenda. AUDIENCE COMMUNICATION: Christopher Martin, 12275 Inkster, expressed his thoughts on Karen Smith’s endorsements for Council. He said he has never seen her in attendance at any Council meeting. He also said he prefers the way the Chamber of Commerce and League of Women Voters conduct their meetings without endorsing any of the candidates. Jennifer Helmer from Secretary of State, Ruth Johnson’s Office, announced that the Livonia Secretary of State Superstore is one of the largest in the state and one of the busiest. She noted that it offered services that were not available at all of their offices. She also encouraged the public to sign up for organ donation. She said there is a great need, especially locally in Wayne County. She said there are over 1,300 people waiting for an organ transplant to survive. The following items were received and filed: Communication from the Department of Finance dated September 20, 2013, re: forwarding various financial statements of the City of Livonia for the month ending August 31, 2013. Communication from the Department of Finance dated September 24, 2013, re: forwarding the Quarterly Investment Report for the City of Livonia as of August 31, 2013. th SYNOPSIS OF THE MINUTES OF THE 1,739 REGULAR MEETING 2 LIVONIA CITY COUNCIL – October 21, 2013 Communication from the Engineering Division, dated October 9, 2013, re: vacating of the Curtis Avenue alley at 18150 Fairfield Avenue. (Pet. 2013-09-03-02) Letter from the Director of the Livonia Housing Commission, dated September 17, 2013, transmitting the LHC Audit Report for the Fiscal Year ending December 31, 2012. Communication from the City Engineer, dated October 1, 2013, re: additional cost information on the 2012 Sidewalk Program. (CR 177-12 & CR 241-13) Letter from the Office of the Mayor, dated September 13, 2013, re: Preliminary Budget Documents for Fiscal Year 2013-2014, presented at the Finance Budget and Technology Committee Meeting of September 18, 2013. (CRS 239-13 and 240-13) Letter from the Office of the Mayor, dated September 13, 2013, re: supplement to Preliminary Budget 2013-2014 Personnel Worksheets, presented at the Finance Budget and Technology Committee Meeting of September 18, 2013. (CRS 239-13 and 240-13) Communication from the Department of Law, dated September 26, 2013, re: updated information on massage therapy licensure and whether the new State law required background checks be performed on applicants. (CR 35-13) Letter from the Law Department, dated September 19, 2013, re: Massage Apprentice and Massage Therapist licensing. (CR 35-13) Communication from the Department of Law, dated September 19, 2013, re: proposed amendment to the City of Livonia Code of Ordinance with regard to the rehabilitation of rental homes. (CR 17-13) E-mail communication from Audra Driscoll, dated July 16, 2013, re: changing the ordinance on rental homes. (CR 17-13) Letter from the Jean Zelle, dated July 15, 2013, re: the Ordinance on rental homes. (CR 17-13) Report from Kevin Maillard entitled “Evaluation of Qualification Based Selection Process (QBS) – City of Livonia 2010-2012” presented at the Infrastructure and Community Transit Committee Meeting of September 25, 2013. (CR 49-10) Report from City Engineer, Todd Zilincik, dated September 24, 2013, with letters from OHM Advisors, Spalding DeDecker Associates, Inc., Anderson, Eckstein and Westrick, Inc., and Hubbell, Roth & Clark, Inc., presented at the Infrastructure and Community Transit Committee Meeting of September 25, 2013. (CR 49-10) Letter from the Law Department, dated September 18, 2013, re: sidewalk waivers. (CR 66-13) th SYNOPSIS OF THE MINUTES OF THE 1,739 REGULAR MEETING 3 LIVONIA CITY COUNCIL – October 21, 2013 MDOT Project Fact Sheet presented at the public information meeting on September 18, 2013. (CR 36-13) Michigan Tax Incentive Policy under Public Act 198 of 1974, as amended. (02-22-12) (CR 345-11) Correspondence received from Dan Laible, Chief Financial Officer for NYX, Inc., dated September 30, 2013, re: local municipal abatements. (CR 345-11) Correspondence from the Law Department, dated September 25, 2013, re: scheduling of Council meetings. (CR 38-12) Correspondence received from the Office of the City Clerk, dated September 27, 2013, re: scheduling of Council meetings. (CR 38-12) Correpondence from the Office of the Council, dated September 26, 2013, re: sample schedules of Council Study and Regular Meetings for calendar year 2014. (CR 38-12) Communication from the Engineering Division, dated October 18, 2013, re: additional information on the Levan Road Sanitary Sewer Project. (CR 178-13) Communication from Nawaf Masri, Masri Orthodontics, dated October 16, 2013, re: the Special Assessment District for the Levan Road Sanitary Sewer Project. (CR 178-13) Communication from owners of Levan Road Veterinary Hospital, dated October 15, 2013, re: the Special Assessment District for the Levan Road Sanitary Sewer Project. (CR 178-13) Communication from Department of Law, dated October 14, 2013, re: the City’s obligation to take jurisdiction over a private sanitary sewer lead. (CR 178-13) Communication from Todd Zilincik, City Engineer, dated October 18, 2013, and Stephen B. Dearing, PE, PTOE, OHM Advisors, dated October 18, 2013, re: the intersection at Middlebelt/Millenium Drive (east) and Industrial (west) and when warrants are needed for left turn phasing. (Pet. 2013-08-02-20) E-mail communication forwarded from Councilmember Maureen Miller Brosnan from Mike Dergis, COO, Howard Ternes Packaging, dated October 14, 2013, re: tax abatement for Ternes Packaging. The following resolutions were offered by Robinson and Kritzman: th SYNOPSIS OF THE MINUTES OF THE 1,739 REGULAR MEETING 4 LIVONIA CITY COUNCIL – October 21, 2013 #323-13 Referring the request of Maria and Neil Martinuzzi, dated September 29, MAD FAT 2013, for the vacating of a certain portion of unimproved Curtis Road, on the north side Insp of the property located at 18150 Fairfield Road, to the Planning Commission for its Eng report and recommendation. (Petition 2013-09-03-02) Plan MAD #324-13 Authorizing quarterly budget adjustments for the third quarter of the 2013 FAT Fiscal Year Budget. MAD #325-13 Approving the sale of the City-owned property at 12040 Arcola for a total FAT purchase price of $65,000.00 to Ms. Rose Cornelius. (Sidwell No. 46-100-01-0180-000) Housing (CR 322-12) Assessr Insp #326-13 Accepting the bid of Pranam Global Tech, Inc., 28980 Joy Road, Livonia, MAD MI 48150, for completing all work in connection with the repair of the roof at the Fox FAT Creek restaurant and clubhouse building, for a total amount not to exceed $62,500.00; P&R FURTHER, the Council does hereby accept the bid of Quality Roofing, 6201 Earhart Road, Ann Arbor, MI 48105, for completing all work in connection with the repair of the roof at the City Hall building, for a total amount not to exceed $448,700.00; FURTHER, the Council does authorize an expenditure of $511,200.00 from funds already budgeted in the Capital Projects Fund. MAD #327-13 Determining the final project cost at $747,281.67 for the 2012 Sidewalk FAT Program - Contract 12-G; FURTHER, authorizing an additional appropriation and Eng expenditure in the amount of $76,505.10 to cover additional slab replacements related to repairs of sidewalks heaved by tree roots and for the miscellaneous concrete and sidewalk work done at Lindenwood Park, Rotary Park and Sesquicentennial Park; FURTHER, authorizing an additional appropriation and expenditure of $58,882.49 to cover the costs related to construction or reconstruction of additional handicap ramps at major and local roads and other City costs and to cover the administrative costs connected with this work; FURTHER, authorizing an expenditure in an amount not to exceed $102,934.64 from funds budgeted to be paid to Zuniga Cement Construction, Inc., 24620 Schoenherr Road, Suite 100, Warren, Michigan 48089, as final payment for the work done and upon the final release by the Engineering Division for work related to Contract 12-G. (CR 177-12 & CR 241-13) MAD #328-13 Approving Petition 2013-08-08-06 submitted by M.K.O. Real Estate, L.L.C. FAT in connection with a proposal to demolish an existing building and construct a new Insp medical office building located at 36622 Five Mile Road, subject to conditions. (Pet. Eng 2013-08-08-06) Plan A roll call vote was taken on the foregoing resolutions: AYES: Robinson, Brosnan, Kritzman, McCann, and Pastor. NAYS: None. MAD #329-13 Resolution by Robinson and McCann, unanimously adopted, approving FAT the budget for the fiscal year ending November 30, 2014. th SYNOPSIS OF THE MINUTES OF THE 1,739 REGULAR MEETING 5 LIVONIA CITY COUNCIL – October 21, 2013 #330-13 Resolution by McCann and Kritzman, establishing a tax levy of 4.0447 MAD FAT mills, of the taxable valuation of all real and personal property subject to taxation in the City of Livonia for the next fiscal year commencing December 1, 2013, and ending November 30, 2014, as well as additional levies to support the proposed budget. A roll call vote was taken on the foregoing resolution: AYES: Kritzman, McCann, and Pastor. NAYS: Robinson and Brosnan. MAD #331-13 Resolution by McCann and Kritzman, unanimously adopted, referring the FAT matter of the process of Massage Apprentice and Massage Therapist licensing to the OrdEnf Planning Commission for its report and recommendation. (CR 35-13) Police Plan #332-13 Resolution by Brosnan and Robinson, unanimously adopted, directing the MAD Department of Law to draft a resolution to be sent to the State of Michigan legislature to FAT OrdEnf allow local governments to require background checks as part of the State law Police regarding the licensing process for Massage Therapists. (CR 35-13) Plan Kritzman gave FIRST READING to the following Ordinance: AN ORDINANCE AMENDING CHAPTER 52 (HOTELS, MOTOR COURTS, LODGINGHOUSES, ROOMINGHOUSES, ONE-FAMILY RENTAL DWELLINGS, TWO-FAMILY RENTAL DWELLINGS AND MULTIPLE-FAMILY RENTAL DWELLINGS) OF TITLE 5, OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED. (CR 171-13) MAD #333-13 Resolution by McCann and Brosnan, unanimously adopted, determining to FAT take no further action with regard to this matter of fireworks as it relates to the new State Law. (CR 297-12) MAD #334-13 Resolution by Brosnan and McCann, unanimously adopted, determining to FAT take no further action with regard to the subject of all elected officials’ salary and CivSvc compensation packages. (CR 223-13) Kritzman stepped down from the podium at 7:34 p.m. to avoid any perceived conflict of interest. #335-13 Resolution by Brosnan and McCann, authorizing the Administration, for MAD and on behalf of the City of Livonia to negotiate a three year extension of the QBS FAT Eng Contract between the City of Livonia and OHM Advisors, Spalding DeDecker Associates, Inc., Anderson, Eckstein and Westrick, Inc., and Hubbell, Roth & Clark, Inc. (CR 49-10) A roll call vote was taken on the foregoing resolution: AYES: Robinson, Brosnan, McCann, and Pastor. NAYS: None. th SYNOPSIS OF THE MINUTES OF THE 1,739 REGULAR MEETING 6 LIVONIA CITY COUNCIL – October 21, 2013 Kritzman returned to the podium at 7:38 p.m. MAD #336-13 Resolution by Brosnan and Kritzman, determining to take no further action FAT with regard to the subject of establishing a sidewalk waiver fund to offset the cost of Eng future sidewalk connectivity issues. (CR 66-13) MAD #337-13 Resolution by Brosnan and McCann, unanimously adopted, referring the FAT subject of appropriate duration guidelines for the use of PA 210 to the Planning and Plan Economic Development Director for his report and recommendation. MAD #338-13 Resolution by Brosnan and McCann, unanimously adopted, requesting a FAT report from the Planning and Economic Development Director on the various Economic Plan Developments the City has experienced within the last year. MAD #339-13 Resolution by McCann and Kritzman, unanimously adopted, moving the FAT matter of approving a proposed schedule of Council Study and Regular Meetings for the period January 1, 2014, through December 31, 2014 to the next scheduled Regular Meeting of the City Council scheduled for November 6, 2013 at 7:00 p.m. McCann gave SECOND READING to the following Ordinance: AN ORDINANCE VACATING PORTIONS OF STREET, ALLEY AND PUBLIC GROUND. (Petition 2013-05-03-01) (CR 214-13 & CR 277-13) A roll call vote was taken on the foregoing Ordinance: AYES: Robinson, Brosnan, Kritzman, McCann, and Pastor. NAYS: None. MAD #340-13 Resolution by McCann and Kritzman, establishing the classification of FAT part-time Level 4 Appraiser; FURTHER, approving the recommended flat rate salary of Assessr $45,000.00 per year for all hours worked, payable in equal bi-weekly amounts of CivSvc $1,730.77; FURTHER, reevaluation of said hours and salary when the position becomes vacant in the future. A roll call vote was taken on the foregoing resolution: AYES: Brosnan, Kritzman, McCann, and Pastor. NAYS: Robinson. MAD #341-13 Resolution by Robinson and Brosnan, at the request of Councilmember FAT Thomas Robinson, referring the subject matter of prohibiting City employees from CivSvc collecting two separate pensions from the City to the Committee of the Whole for its report and recommendation. A roll call vote was taken on the foregoing resolution: AYES: Robinson, Brosnan, and Kritzman. NAYS: McCann, and Pastor. th SYNOPSIS OF THE MINUTES OF THE 1,739 REGULAR MEETING 7 LIVONIA CITY COUNCIL – October 21, 2013 MAD #342-13 Resolution by Brosnan and Robinson, unanimously adopted, rescinding FAT Council Resolution #178-13, and electing not to award a contract for the Levan Road Eng Sanitary Sewer Project Special Assessment District, located on the east side of Levan Road (15160, 15200, and 15230 Levan Road). MAD #343-13 Resolution by Robinson and McCann, unanimously adopted, approving FAT Petition 2013-08-02-20 submitted by S & Z Restaurants, L.L.C., to construct and Insp operate a full service restaurant including drive-up window facilities (Culver’s) within an Eng outlot on the site of Meijer, located at 13000 Middlebelt Road, subject to conditions. Plan #344-13 Resolution by Brosnan and Kritzman, unanimously adopted, approving the MAD Application for Industrial Facilities Exemption Certificate, submitted by Bonnie Verville, FAT Assessr Vice President – Finance/Secretary, Howard Ternes Packaging Company, a Delaware Plan Corporation, for complete renovation of the warehouse and office space at their facility located at 35275 Industrial Road, Livonia, MI 48150 (Industrial Development Overlay District #111) for 12 years. MAD #345-13 Resolution by Brosnan and Kritzman, unanimously adopted, accepting a FAT Grant of Easement from Infinity Acquisitions, LLC, in connection with the development Assessr of a new storm sewer and drainage area for the properties located at 20551 Gill Road Eng and 20557 Gill Road in the Northwest 1/4 of Section 4. #346-13 Resolution by McCann and Brosnan, unanimously adopted, suspending MAD FAT the rules for procedure as outlined in Council Resolution 574-82 in order to permit consideration of items that do not appear on the Agenda. #347-13 Resolution by Brosnan and Kritzman, unanimously adopted, granting MAD FAT permission to barricade the street between 34067 Bretton and 34070 Bretton for a Police Halloween parade down Norwich and a party on Bretton Drive to be held on October 27, Fire 2013, from 2:30 p.m. – 5:30 p.m., with no rain date scheduled, subject to approval of the Police Department. #348-13 Resolution by Kritzman and McCann, directing that a Closed Committee of MAD the Whole meeting be held to discuss litigation matters and attorney/client privileged FAT communications in connection with pending litigation, Jean Ellen Warner v Brad Guerro and City of Livonia, Wayne County Circuit Court Case No. 11-013123-N1. A roll call vote was taken on the foregoing resolution: AYES: Robinson, Brosnan, Kritzman, McCann, and Pastor. NAYS: None. AUDIENCE COMMUNICATION: None. th SYNOPSIS OF THE MINUTES OF THE 1,739 REGULAR MEETING 8 LIVONIA CITY COUNCIL – October 21, 2013 th By Robinson and McCann, unanimously adopted, adjourning this 1,739 Regular Meeting of the Council of the City of Livonia at 8:27 p.m. on October 21, 2013. TERRY A. MARECKI CITY CLERK *The foregoing is a summary of the Council’s proceedings in synopsis form as authorized by CR 1158-68. The full text of the official minutes of this meeting is on file in the Office of the City Clerk and is available to the public upon request.