HomeMy WebLinkAboutCOUNCIL MINUTES 2014 1/27/2014 38924
MINUTES OF THE ONE THOUSAND SEVEN HUNDRED AND FORTY-FOURTH
REGULAR MEETING OF JANUARY 13, 2014
On January 13, 2014, the above meeting was held at the City Hall, 33000
Civic Center Drive, Livonia, Michigan, and was called to order by the President of the
Council at 7:00 p.m. Vice President Meakin led the meeting with an invocation.
Roll was called with the following result: Brian Meakin, Laura Toy, Lynda
Scheel, Susan Nash, Brandon Kritzman, John Pastor, and Maureen Miller Brosnan.
Absent: None.
Elected and appointed officials present: Mark Taormina, City Planner;
Judy Priebe, Technical Specialist; Todd Zilincik, City Engineer; Terry Marecki, City
Clerk; Don Knapp, City Attorney; and Mayor Jack Kirksey.
On a motion by Toy, seconded by Kritzman, and unanimously adopted, it
was:
#01-14 RESOLVED, that the Minutes of the 1,743rd Regular Meeting
of the Council held December 16, 2013, are hereby approved as
submitted.
President Brosnan requested a moment of silence to honor the passing of
Bill LaPine, longtime supporter of the Livonia community who passed away on
December 17t". President Brosnan indicated Mr. LaPine served as a member of the
City Planning Commission for more than 20 years and would be greatly missed by all
and offered condolences to Mr. LaPine's family.
Toy requested a moment of silence to honor the passing of Connie
Binsfeld, former Lieutenant Governor for the State of Michigan. Toy stated Ms. Binsfeld
was a longtime advocate for adoption and foster care children, did many great things for
the State of Michigan and would be remembered for her valiant fights for children's
rights.
President Brosnan announced there would be an X-item addressed at the
end of the meeting regarding a request from the Department of Fire & Rescue to
approve the Delegation Agreement with the State of Michigan to inspect consumer
fireworks retail sales facilities for the year 2014.
Regular Meeting Minutes of January 13, 2014 38925
President Brosnan indicated Agenda Item #10 would be removed from the
Agenda at the request of the Petitioner and would be rescheduled for the Regular
meeting of January 27, 2014. (Petition 2013-09-08-07)
President Brosnan announced there would be two (2) Public Hearings
held on Wednesday, January 29, 2014, at 7:00 p.m. in the Auditorium of City Hall,
33000 Civic Center Drive, Livonia, Michigan:
Petition 2013-10-06-01 submitted by the City Planning Commission,
pursuant to Council Resolution 331-13 and Section 23.01(a) of the Livonia
Zoning Ordinance No. 543, as amended, proposing to amend Section
2.08(14) of Article II, Section 9.03(m) of Article IX, Section 10.03(m) of
Article X, Section 11.03(u) of Article XI and Section 30.04(c) of Article
XXX, (Licensure of Massage Therapists) in order to comply with State law
regarding licensure of massage therapists and to provide for local
oversight of compliance with state regulations; and
To consider the adoption of a resolution approving a Brownfield Plan of
the City of Livonia Brownfield Redevelopment Authority for Livonia
Commons Mall, located on the Southwest corner of Middlebelt Road and
Schoolcraft Road (13507 Middlebelt Road) and which is currently owned
by Tobeck Realty Corporation, Maxlune Realty Corporation and the
Antonoff Family Trust Partnership, L.L.P., pursuant to and in accordance
with the provisions of Act 381 of the Public Acts of the State of Michigan of
1996, as amended.
There was no Audience Communication at the beginning of the meeting.
A communication from the Office of the Mayor, dated January 7, 2014, re:
forwarding the Annual Report for the Fiscal Year 2012-2013 which reflects activities of
the Livonia City Departments, Commissions and Boards, was received and placed on
file for the information of the Council.
An e-mail communication from Livonia Community Transit, dated January
97 2014, re: additional information requested by Council at its Study Meeting held
January 6, 2014, relative to approval of technical support fees to RouteMatch Software,
was received and placed on file for the information of the Council.
On a motion by Scheel, seconded by Pastor, it was-
#02-14 RESOLVED, that having considered the report and
recommendation of the Director of Community Resources, dated
Regular Meeting Minutes of January 13, 2014 38926
December 10, 2013, which bears the signature of the Director of Finance
and is approved for submission by the Mayor, the Council does hereby
accept the proposal of RouteMatch Software, 1201 West Peachtree
Street, Suite 3300, Atlanta, Georgia 30309 for annual technical support for
Livonia Community Transit for fiscal year 2014 in an amount not to exceed
$15,252.00 per year from funds budgeted in Account Number 218-889-
851-020 for this purpose; FURTHER, the Council does hereby authorize
payment in the amount of$15,252.00 to RouteMatch Software, 1201 West
Peachtree Street, Suite 3300, Atlanta, Georgia 30309.
#03-14 RESOLVED, that having considered the report and
recommendation of the Fire Chief, dated November 25, 2013, 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 Halt Fire, Inc., 50169
W. Pontiac Trail, Unit 5, Wixom, Michigan 48393 for supplying the Fire
Department with one (1) Type 1 medium-duty ambulance for the total
amount of $225,502.00, including delivery, because it is the lowest bid
meeting all but one of the RFP specifications and in that all other bids
were substantially non-conforming; FURTHER, the Council does hereby
authorize an expenditure in an amount not to exceed $225,502.00 from
funds budgeted in Account No. 101-338-985-000 (Fire Suppression —
Capital Outlay — Vehicles) for this purpose; FURTHER, the Council does
hereby determine that the current 2006 Medic Master with 129,000 miles
shall be considered surplus property and authorize the sale of same at
auction upon receipt of the new ambulance.
#04-14 RESOLVED, that having considered the report and
recommendation of the Superintendent of Public Service - Operations and
the Director of Public Works, dated December 13, 2013, 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 Greener Still,
Inc., 19119 Schoolcraft, Detroit, Michigan 48223 for completing all work
required in connection with the City's 2014 Tree and Stump Removal
Program for an estimated total cost not to exceed $238,610.00, said
estimated cost and unit prices having been in fact the lowest bid received
that met all specifications; FURTHER, the Council does hereby authorize
an expenditure in an amount not to exceed $238,610.00 from funds
already budgeted in Account No. 205-527-818-045 (Refuse — Contractual
Service Forestry) for this purpose; FURTHER, in the event the low bidder
is unable to complete the work required, the Council does hereby accept
the unit price bid of the second lowest bidder, Alpine Tree Service, 313
Pickeral Lake Road, Newaygo, Michigan 49337 for completing all work
required in connection with the City's 2014 Tree and Stump Removal
Program for an estimated cost not to exceed $248,330.00, 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
Regular Meeting Minutes of January 13, 2014 38927
necessary or incidental to the full performance of this resolution;
FURTHER, the bid received from Asplundh Tree Expert Co. is hereby
rejected for the reasons indicated therein.
#05-14 RESOLVED, that having considered the report and
recommendation of the Superintendent of Public Service — Municipal
Services and the Director of Public Works, dated December 16, 20137
which bears the signature of the Director of Finance and the City Attorney
and is approved for submission by the Mayor, and to which is attached a
proposed Animal Sheltering Agreement between the City of Livonia and
the Michigan Humane Society, 30300 Telegraph Road, Suite 220,
Bingham Farms, Michigan 48025 for the period commencing December 1,
2013, to November 30, 2014, and wherein the Michigan Humane Society
would provide for the sheltering of animals during this period at a cost of
$3,250.00 per month for boarding, the Council does hereby authorize the
Mayor and City Clerk, for and on behalf of the City of Livonia, to execute
the attached Agreement; FURTHER, the Council does hereby authorize
the said item without competitive bidding in accordance with Section
3.04.140.D.3 of the Livonia Code of Ordinances, as amended.
#06-14 RESOLVED, that having considered the report and
recommendation of the Superintendent of Public Service — Operations and
the Director of Public Works, dated December 18, 2013, which bears the
signature of the Director of Finance and is approved for submission by the
Mayor, the Council does hereby authorize the purchase of two (2) Toro
Zero Turn Mowers (ZTR) — 5000, Model #74933, propane-powered
mowers with Kawasaki FX 801V — 852 cc engines, and 60" Turbo Force
mowing decks from Commercial Lawnmower, 32098 Plymouth Road,
Livonia, Michigan 48150 for a total price of $21,438.69; FURTHER, the
Council does hereby authorize an expenditure in an amount not to exceed
$21,438.69 from funds already budgeted in Account No. 401-000-987-000
for this purpose; FURTHER, the Council does hereby determine to
authorize the said purchase without competitive bidding inasmuch as the
same is based upon the low State of Michigan bid price (under Contract
No. 071 B0200329), as well as for the additional 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.
#07-14 RESOLVED, that having considered a communication from
the Superintendent of Public Service — Municipal Services and the
Director of Public Works, dated December 16, 2013, which bears the
signature of the Director of Finance and the City Attorney, and is approved
for submission by the Mayor, regarding the City's Annual Household
Hazardous Waste Drop-off Day event for the service years 2014 through
2016, the Council does hereby authorize the Mayor and City Clerk, for and
on behalf of the City of Livonia, to execute a contract with Environmental
Recycling Group, 13040 Merriman Road, Suite 200, Livonia, Michigan
Regular Meeting Minutes of January 13, 2014 38928
48150-1816 to provide services for the 2014 through 2016 Household
Hazardous Waste Drop-Off events, the Livonia event for 2014 being held
on Saturday, April 26, 2014, at Ford Field, in a total amount not to exceed
$174,825.00, due to the negligible price difference between the proposals
received when the 1% local bidders preference is applied per Section
3.04.140.E of the Livonia Code of Ordinances, and the excellent
performance from Environmental Recycling Group in conducting these
events the last three years, and due to the fact that such bid meets all
specifications; FURTHER, the Council does hereby authorize an
expenditure in an amount not to exceed $174,825.00 from funds already
budgeted in Account No. 205-527-818-035 (Municipal Refuse Fund) for
this purpose; FURTHER, in the event Environmental Recycling Group is
unable to perform the work requested, the Council does hereby authorize
the Mayor and City Clerk, for and on behalf of the City of Livonia, to
execute a contract with EQ Industrial Services, 2701 North 1-94 Service
Drive, Ypsilanti, Michigan 48198 to provide back-up services for the 2014
through 2016 Household Hazardous Waste Drop-Off events for an amount
not to exceed $169,470.00 for this purpose; FURTHER, the Council does
hereby authorize payment to the City of Northville, 215 West Main Street,
Northville, Michigan 48167-1540 in an amount not to exceed $10,000.00
for Livonia residents' use of the Northville/Northville Township Household
Hazardous Waste Drop-Off event for the service years 2014 through 2016
from funds already budgeted in Account No. 205-527-818-035 (Municipal
Refuse Fund) for this purpose.
#08-14 RESOLVED, that having considered a communication from
the City Planning Commission, dated November 27, 2013, which transmits
its resolution 11-80-2013, adopted on November 19, 2013, with regard to
Petition 2013-09-03-02, submitted by Maria and Neil Martinuzzi,
requesting the vacating of a portion of unimproved Curtis Road right-of-
way adjacent to Lot 38 in the Green Brier Estates Subdivision, located on
the east side of Fairfield Avenue between Six Mile Road and Curtis Road
(18150 Fairfield Avenue) in the Southeast '/4 of Section 10, the Council
does hereby concur in the recommendation of the City Planning
Commission, including its recommendation that the City retain a full-width
easement over the existing right-of-way for future maintenance of the
storm sewer, and does grant and approve the said Petition 2013-09-03-
02, and the Department of Law is hereby requested to prepare the
necessary vacating ordinance in accordance with this resolution.
#09-14 RESOLVED, that having considered a communication from
the City Planning Commission, dated November 27, 2013, which
transmits its resolution 11-81-2013, adopted on November 19, 2013, with
regard to Petition 2013-10-03-03, submitted by Schoolcraft College,
requesting the vacating of an existing water main easement located on
the south side of Seven Mile Road between Haggerty Road and the 1-
275/96 Expressway (38701, 38703 and 38705 Seven Mile Road and
18900 Haggerty Road) in the Northwest '/4 of Section 7, the Council does
Regular Meeting Minutes of January 13, 2014 38929
hereby concur in the recommendation of the City Planning Commission
and does grant and approve the said Petition 2013-10-03-03, and the
Department of Law is hereby requested to prepare the necessary
vacating ordinance in accordance with this resolution.
#10-14 WHEREAS, Livonia seeks to improve the long-term
sustainability of our community; and
WHEREAS, Livonia seeks to achieve economic prosperity while protecting
the environment and providing a high quality of life for residents; and
WHEREAS, Livonia seeks to inform residents about innovative initiatives
being implemented in our community; and
WHEREAS, Livonia seeks to maximize SEMCOG membership dues by
using services available to member local governments.
WHEREAS, SEMCOG assists local governments in Southeast Michigan
by making them more efficient and effective, and
RESOLVED, that the City of Livonia commits to participate in the
SEMCOG Sustainable Community Recognition Program;
BE IT FURTHER RESOLVED THAT, City Councilmember Brandon M.
Kritzman is designated as the primary contact from the City of Livonia for
this program.
A roll call vote was taken on the foregoing resolutions with the following result:
AYES: Meakin, Toy, Scheel, Nash, Kritzman, Pastor, and Brosnan.
NAYS: None.
An e-mail communication from Roger Mali, Mission Point Management
Services, LLC, dated January 8, 2014, re: requesting postponement for consideration of
proposed construction of an addition to the existing convalescent home located at
35350 Ann Arbor Tail, to the next Regular meeting of Council to be held January 27,
2014, was received and placed on file for the information of the Council. (Petition 2013-
09-08-07)
At the direction of the Chair, Agenda Item #10 was removed from the
Agenda. (Petition 2013-09-08-07)
Regular Meeting Minutes of January 13, 2014 38930
A communication from President Brosnan, dated January 6, 2014,
presented at the Committee of the Whole meeting held January 6, 2014, re: committee
and chairperson assignments, was received and placed on file for the information of the
Council. (CR 498-05)
Committee of the Whole Maureen Miller Brosnan, Chair
All Councilmembers
Capital Improvement, Natural Resources Brian Meakin, Chair
and Waste Management Brandon M. Kritzman, Vice Chair
Committee: John R. Pastor
Finance, Budget and Technology John R. Pastor, Chair
Committee: Brian Meakin, Vice Chair
Lynda L. Scheel
Legislative Affairs Committee: Laura M. Toy, Chair
John R. Pastor, Vice Chair
Brian Meakin
Economic Development, Community Brandon M. Kritzman, Chair
Outreach and Strategic Laura M. Toy, Vice Chair
Planning Committee: Susan M. Nash
Infrastructure and Community Transit Lynda L. Scheel, Chair
Committee: Susan M. Nash, Vice Chair
Brandon M. Kritzman
Public Safety, Education and Susan M. Nash, Chair
Recreation Committee: Lynda L. Scheel, Vice Chair
Laura M. Toy
On a motion by Toy, seconded by Meakin, and unanimously adopted, it
was:
#11-14 RESOLVED, that having considered the report and
recommendation of the Committee of the Whole, dated January 6, 2014,
submitted pursuant to Council Resolution 498-05, the Council does hereby
designate Brandon M. Kritzman as the City's delegate to the Southeast
Michigan Council of Governments and does hereby designate Susan M.
Nash as the City's alternate on a continuing basis, or until further order of
this Council by Council Resolution.
On a motion by Toy, seconded by Meakin, and unanimously adopted, it
was:
#12-14 RESOLVED, that having considered the report and
recommendation of the Committee of the Whole, dated January 6, 2014,
Regular Meeting Minutes of January 13, 2014 38931
submitted pursuant to Council Resolution 498-05, the Council does hereby
designate Susan M. Nash to serve as the Council Representative on the
Board of Directors of the Livonia Anniversary Committee (SPREE) on a
continuing basis, or until further order of this Council by Council
Resolution.
On a motion by Toy, seconded by Meakin, and unanimously adopted, it
was:
#13-14 RESOLVED, that having considered the report and
recommendation of the Committee of the Whole, dated January 6, 2014,
submitted pursuant to Council Resolution 498-05, with regard to the
Annual Meeting of the Michigan Municipal Risk Management Authority,
the Council does hereby determine to designate the Director of Finance,
Michael T. Slater, as the official representative and voting representative
of the City of Livonia and does further designate Lynda L. Scheel as the
alternate on a continuing basis, or until further order of this Council by
Council Resolution.
On a motion by Toy, seconded by Meakin, and unanimously adopted, it
was:
#14-14 RESOLVED, that having considered the report and
recommendation of the Committee of the Whole, dated January 6, 2014,
submitted pursuant to Council Resolution 498-05, with regard to the
Retirement Board of Trustees, the Council does hereby determine to
designate Brian Meakin as the official representative and voting
representative of the Board of Trustees of the Livonia Employees
Retirement System on a continuing basis, or until further order of this
Council by Council Resolution.
On a motion by Toy, seconded by Meakin, and unanimously adopted, it
was:
#15-14 RESOLVED, that having considered the report and
recommendation of the Committee of the Whole, dated January 6, 2014,
submitted pursuant to Council Resolution 498-05, the Council does hereby
determine to designate Brandon M. Kritzman to serve on the Hearts of
Livonia Board on a continuing basis, or until further order of this Council
by Council Resolution.
On a motion by Toy, seconded by Meakin, and unanimously adopted, it
was:
Regular Meeting Minutes of January 13, 2014 38932
#16-14 RESOLVED, that having considered the report and
recommendation of the Committee of the Whole, dated January 6, 2014,
submitted pursuant to Council Resolution 498-05, the Council does hereby
designate Lynda L. Scheel as Parliamentarian of the City Council on a
continuing basis, or until further order of this Council by Council
Resolution.
On a motion by Scheel, seconded by Nash, and unanimously adopted, it
was:
#17-14 RESOLVED, that having considered the report and
recommendation of the Committee of the Whole, dated January 6, 2014,
submitted pursuant to Council Resolution 38-12, the Council does hereby
determine that all Council meetings will be held on the first and third
Mondays of every month, except when it conflicts with holidays and/or
auditorium availability; FURTHER, the Council does hereby approve the
following dates of Council Study and Regular Meetings for the period
January 1, 2014, through December 31, 2014, subject to change with
notice:
STUDY MEETINGS REGULAR MEETINGS
JANUARY
Monday, January 6 (Starting time 8 PM) Monday, January 13
Monday, January 13 Monday, January 27
FEBRUARY
Monday, January 27 Monday, February 3
Monday, February 3 Wednesday, February 19
MARCH
Wednesday, February 19 Monday, March 3
Monday, March 3 Wednesday, March 19
APRIL
Wednesday, March 19 Monday, April 7
Monday, April 7 Monday, April 21
MAY
Monday, April 21 Wednesday, May 7
Wednesday, May 7 Monday, May 19
JUNE
Monday, May 19 Monday, June 2
Monday, June 2 Monday, June 16
Regular Meeting Minutes of January 13, 2014 38933
JULY
Monday, June 16 Monday, July 7
Monday, July 7 Monday, July 21
AUGUST
Monday, July 21 Wednesday, August 6
Wednesday, August 6 Monday, August 18
SEPTEMBER
Monday, August 18 Wednesday, September 3
Wednesday, September 3 Monday, September 15
OCTOBER
Monday, September 15 Monday, October 6
Monday, October 6 Monday, October 20
NOVEMBER
Monday, October 20 Wednesday, November 5
Wednesday, November 5 Monday, November 17
DECEMBER
Monday, November 17 Monday, December 1
Monday, December 1 Monday, December 15
FURTHER, the Council does hereby eliminate Council's annual two week
vacation.
Meakin gave first reading to the following Ordinance:
AN ORDINANCE AMENDING SECTIONS 020, 060, AND 090 OF TITLE
10, CHAPTER 63 (SNOW ALERT) 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.
Meakin invoked the Emergency Clause and gave second reading to the
foregoing Ordinance and a roll call vote was taken thereon with the following result:
AYES: Meakin, Toy, Scheel, Nash, Kritzman, and Pastor.
NAYS: Brosnan.
Regular Meeting Minutes of January 13, 2014 38934
The President declared the foregoing Ordinance duly adopted, and would become
effective on publication.
Robert Soper, 18462 Fremont, addressed Council to inquire if the adopted Ordinance
was to increase the fines for non-compliance and spoke in opposition to the proposed
Snow Alert Ordinance.
On a motion by Pastor, seconded by Kritzman, and unanimously adopted,
it was-
#18-14 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 Nash, and unanimously adopted, it was-
#19-14 RESOLVED, that having considered a communication from
the Fire Chief, dated January 13, 2014, which bears the signature of the
Finance Director and the City Attorney and is approved for submission by
the Mayor, to which is attached a proposed Delegation Agreement
between the State of Michigan Department of Licensing and Regulatory
Affairs, Bureau of Fire Services and the City of Livonia, the Council does
hereby authorize the Mayor and City Clerk, for and on behalf of the City of
Livonia, to execute the attached Agreement and to do all other things
necessary or incidental to the full performance of this resolution;
FURTHER, the Council does hereby authorize the Livonia Fire and
Rescue Division to conduct inspections of consumer fireworks retail sales
facilities in accordance with MCL 28.470.
During Audience Communication, Ken Crider, 16381 Fairway, introduced
himself to Council as a candidate for State Representative of the 19th District. Mr.
Crider stated he looked forward to getting to know Councilmembers better and hoped to
serve the Livonia community well.
On a motion by Scheel, seconded by Pastor, and unanimously adopted,
this 1,744th Regular Meeting of the Council of the City of Livonia was adjourned at 7:42
p.m.
Terry A. Marecki, City Clerk