HomeMy WebLinkAboutCOUNCIL MINUTES 2014-02-03MINUTES OF THE ONE THOUSAND SEVEN HUNDRED AND FORTY-SIXTH
REGULAR MEETING OF FEBRUARY 3,201
On February 3, 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. Councilmember Scheel led the meeting with the Pledge of
Allegiance.
Roll was called with the following result: Lynda Scheel, Susan Nash,
Brandon Kritzman, John Pastor, Brian Meakin, Laura Toy, and Maureen Miller Brosnan.
Absent: None.
Elected and appointed officials present: Mark Taormina, City Planner;
Judy Priebe, Technical Specialist; David Lear, Assistant City Engineer; Terry Marecki,
City Clerk; Don Knapp, City Attorney; and Mayor Jack Kirksey.
was:
On a motion by Toy, seconded by Pastor, and unanimously adopted, it
#28-14 RESOLVED, that the Minutes of the 1,745tn Regular Meeting
of the Council held January 27, 2014, are hereby approved as submitted.
Pastor extended Happy Birthday wishes to Brandon Kritzman, whose
birthday is on February 5tH and to Don Knapp, whose birthday is on February 4tH
Toy wished a Happy Birthday to Pastor, who she stated celebrated a
monumental birthday today, February 3`d
Kritzman extended Happy Birthday wishes to Jackie Highman of the
Council Office, who he indicated celebrated her birthday on January 27tH
President Brosnan explained the new Council schedule was designed with
the intent to hold Council meetings on the first and third Mondays of the month, with
exceptions to occur when holidays or elections occur. President Brosnan stated she
hoped the new schedule would work well for all in the community and welcomed
feedback from residents.
During Audience Communication, Christopher Martin, 12275 Inkster Road,
addressed Council to inquire why Audience Communication was removed from the
Regular Meeting Minutes of February 3, 2014
*:•1•
Synopsis of Council meetings when published in the Observer & Eccentric. Mr. Martin
stated he felt strongly about freedom of speech and expressed his opinion what
residents say under Audience Communication should be printed in the Observer &
Eccentric.
Mayor Kirksey addressed Council to provide an update on snow removal
throughout the City and outlined the plan for DPW staff to clear roads before the next
storm scheduled to hit the area on Tuesday and Wednesday of the week. Mayor
Kirksey indicated it is imperative for residents to remove parked cars from the streets
during a Snow Emergency so the roads can be plowed effectively and efficiently. Mayor
Kirksey advised residents a Snow Emergency would likely be called sometime during
the day on Tuesday, February 4th, given the recent weather forecast. Mayor Kirksey
stated the overall plan for snow removal have proven to be effective and although no
system is perfect, he felt the City was doing what could be done given the harsh winter
weather and relentless storms that continue to move through the region.
At the direction of the Chair, Agenda Item #14 was removed from the
Consent Portion of the Agenda and would be addressed during the Regular portion of
the Agenda.
On a motion by Pastor, seconded by Kritzman, it was:
A communication from the Office of the City Clerk, dated January 14,
2014, re: forwarding a communication from the Secretary of the Board of Education re:
collection of the 2014 taxes for the Livonia Public School District dated December 17,
2013, was received and placed on file for the information of the Council.
#29-14 RESOLVED, that having considered a communication from
the Assistant Assessor, dated January 7, 2014, which bears the signature
of the Director of Finance and is approved for submission by the Mayor,
and in accordance with Chapter VIII, Section 6 of the Charter of the City of
Livonia, the Council does hereby determine to approve the following dates
for the Board of Review to conduct Public Hearings in 2014, which Public
Hearings are to be conducted in the conference room of the City Assessor
on the first floor of the Livonia City Hall, 33000 Civic Center Drive, Livonia,
Michigan 48154:
FIRST SESSION
Tuesday March 4, 2014
Wednesday March 5, 2014
Thursday March 6, 2014
Friday March 7, 2014
SECOND SESSION
Monday March 10, 2014
Tuesday March 11, 2014
Organizational Meeting 9:00 a.m. — 1:00 p.m.
9:00 a.m. —12:00 p.m. 1:30 p.m. —4:00 p.m.
9:00 a.m. — 12:00 p.m. 1:30 p.m. — 4:00 p.m.
9:00 a.m. — 12:00 p.m. 1:30 p.m. —4:00 p.m.
1:00 p.m. — 4:00 p.m.
9:00 a.m. — 12:00 p.m. 2:00 p.m. — 7:00 p.m.
Regular Meeting Minutes of February 3, 2014 38950
Wednesday March 12, 2014 1:00 p.m. — 4:00 p.m.
Thursday March 13, 2014 9:00 a.m. —12:00 p.m. 2:00 p.m. — 7:00 p.m.
Friday March 14, 2014 9:00 a.m. —12:00 p.m. 1:30 p.m. —4:00 p.m.
FURTHER, the Council does hereby determine that the daily rate of
compensation to be paid to the members of the Board of Review shall be
$120.00 for the Chairperson and $100.00 for other members.
Pursuant to Public Act No. 165, Public Acts of 1971, we hereby give notice
that the following tentative ratios and multipliers will be used to determine
the State Equalized Value (S.E.V.) for the year 2014:
CLASS
RATIO
Agricultural
50.00
Commercial
50.00
Industrial
50.00
Residential
50.00
Personal
50.00
S.E.V. FACTOR (MULTIPLIER
1.0000
1.0000
1.0000
1.0000
1.0000
#30-14 RESOLVED, that having considered a communication from
the Mayor, dated January 17, 2014, the Council does hereby approve of
and concur in the appointment of Kathleen McIntyre, 14455 Fairway,
Livonia, Michigan 48154 to the City Planning Commission to fill the
unexpired term of office of Ashley Krueger, which will expire on June 9,
2015, provided that Ms. McIntyre takes the Oath of Office as required in
Chapter X, Section 2 of the City Charter, to be administered by the City
Clerk.
#31-14 RESOLVED, that having considered the report and
recommendation of the Mayor, dated January 17, 2014, and in
accordance with the provisions of the Brownfield Redevelopment
Financing Act, Act 381 of Public Acts of the State of Michigan of 1996, as
amended, the Council does hereby approve of and concur in the
appointment of Kathleen McIntyre, 14455 Fairway, Livonia, Michigan
48154 to the Livonia Brownfield Redevelopment Authority for a term which
will expire on November 24, 2016.
#32-14 RESOLVED, that having considered a communication from
the Director of Community Resources, dated January 16, 2014, which
bears the signature of the Finance Director, and is approved as to form by
the City Attorney and is approved for submission by the Mayor, and to
which is attached a proposed agreement for the Specialized Services
Transportation Operating Assistance Program between SMART and the
City of Livonia for the period October 1, 2013, through September 30,
2014, the Council does for and on behalf of the City of Livonia, authorize
the Mayor and City Clerk to execute the said Agreement in the manner
and form herein submitted.
Regular Meeting Minutes of February 3, 2014
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#33-14 RESOLVED, that having considered a communication from
the Director of Community Resources, dated January 16, 2014, which
bears the signature of the Director of Finance and the City Attorney and is
approved for submission by the Mayor, to which is attached a proposed
Fiscal Year 2014 Municipal Credit Contract between SMART and the City
of Livonia for the period July 1, 2013, to June 30, 2014, the Council does
hereby authorize the Mayor and City Clerk to execute a Municipal Credit
Contract for and on behalf of the City of Livonia and to do all other things
necessary or incidental to the full performance of this resolution.
#34-14 RESOLVED, that having considered a communication from
the Chief of Police, dated January 8, 2014, which bears the signature of
the Director of Finance, is approved as to form by the City Attorney and is
approved for submission by the Mayor, the Council does hereby authorize
the purchase of two (2) Rapiscan Secure 1000 Body Scanners through
the Homeland Security Transportation Security Administration, State &
Federal Surplus Property Program, Logistics & Operations Support
Division, 3111 W. St. Joseph St., Lansing, Michigan 48917 in the amount
of $22,349.60; FURTHER, the Council does hereby authorize the
purchase of an initial maintenance fee for one year in an amount not to
exceed $18,000.00 ($9,000.00 per unit) for the total amount of
$40,349.60; FURTHER, the Council does hereby appropriate and
authorize an expenditure in an amount not to exceed $50,000.00 from the
Unexpended Fund Balance of State Forfeiture Funds, said funds to be
transferred to Account No. 265-333-987-000 (Capital Outlay — Other) for
this purpose, said account to be reimbursed 50% of the purchase price of
one unit upon receipt of a RAP -Grant offered through MMRMA;
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.
#35-14 RESOLVED, that having considered the report and
recommendation of the Chief of Police, dated January 8, 2014, which
bears the signature of the Finance Director and the City Attorney, and is
approved for submission by the Mayor, to replace the services of the
Isabella County Sheriffs Office for housing and medical care for prisoners
sentenced through the 16th District Court for the period beginning in
October, 2013 and continuing until the 2014 date when City Council
awards the prisoner housing contract, the Council does herby authorize an
expenditure from funds budgeted in Account No. 101-304-761-400 for this
purpose.
#36-14 RESOLVED, that having considered the report and
recommendation of the Chief of Police, dated January 13, 2014, which
bears the signature of the Finance Director and the City Attorney, and is
approved for submission by the Mayor, the Council does hereby accept
the proposal submitted by Calhoun County Sheriff's Office, 161 East
Regular Meeting Minutes of February 3, 2014
38952
Michigan Avenue, Battle Creek, Michigan 49014 to provide housing for
Livonia misdemeanor prisoners, as outlined, for a rate of $38.00 per day
for a two year period, with the City retaining the option to extend the
Agreement for an additional two years, said rate having been in fact the
lowest rate when considered in conjunction with rebates and other cost
savings contained in said proposal; FURTHER, the Council authorizes an
expenditure from funds budgeted in Account No. 101-304-761-300
(Medical Expenses) and Account No. 101-304-761-400 (Housing
Expenses) for this purpose; and the Mayor and City Clerk are hereby
authorized, for and on behalf of the City of Livonia, to execute an
Agreement, that is satisfactory to the Law Department, with the aforesaid
organization and to do all other things necessary or incidental to the full
performance of this resolution.
#37-14 RESOLVED, that having considered the report and
recommendation of the Chief of Police, dated January 16, 2014, 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 four (4) unmarked vehicles as
follows:
• One (1) 2014 Ford F-150 Pickup from Signature Ford, 1960 E.
Main Street, Owosso, Michigan 48867, in the amount of
$26,893.00, through the Macomb County bid consortium;
• One (1) 2014 Ford Explorer from Signature Ford, 1960 E. Main
Street, Owosso, Michigan 48867, in the amount of $26,951.00,
through the Macomb County bid consortium;
• One (1) 2014 Jeep Grand Cherokee from Bill Snethkamp
Chrysler/Jeep, 445 N. Cedar Street, Mason, Michigan 48854, in the
amount of $28,410.00, through the State of Michigan consortium;
• One (1) 2014 Dodge Charger from Bill Snethkamp Lansing Dodge,
6131 S. Pennsylvania Ave., Lansing, Michigan 48911, in the
amount of $27,594.00, through the State of Michigan consortium;
FURTHER, the Council does hereby authorize an expenditure in an
amount not to exceed $109,848.00 for the purchase of these four (4)
vehicles from funds already budgeted in Account No. 265-333-985-000 for
this purpose; FURTHER, the Council does hereby determine to authorize
the said purchases without competitive bidding inasmuch as the same is
based upon the low State of Michigan and/or low Macomb County
consortium bids and/or 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.
Regular Meeting Minutes of February 3, 2014
38953
#38-14 RESOLVED, that having considered the report and
recommendation of the Superintendent of Public Service — Operations and
the Director of Public Works, dated January 14, 2014, which bears the
signature of the Director of Finance and is approved for submission by the
Mayor, the Council does hereby accept the unit price bid of Greg Davis
Landscape Services, Inc., 471 Renaud, Grosse Pointe, Michigan 48236
for completing all work required in connection with the City's 2014 Street
Tree Planting Program for the estimated total cost of $108,382.00 based
upon the Public Service Division's estimate of units involved, and subject
to final payment based upon the actual units completed in accordance
with the unit prices accepted herein, said estimated cost and unit prices
having been in fact the lowest bid received for this item; FURTHER, the
Council does hereby authorize the expenditure of a sum not to exceed
$108,382.00 from funds already budgeted in Account No. 204-781-818-
047 for this purpose; FURTHER, in the event the low bidder is unable to
supply certain species of trees, the Council does hereby accept the unit
price bid of the second lowest bidder, Crimboli Nursery, Inc., 50145 Ford
Road, Canton, Michigan 48187 to supply those species for the City's 2014
Street Tree Planting Program for the estimated total cost of $112,050.00;
FURTHER, the Council does hereby authorize the Public Service Division
to purchase additional trees at the unit prices bid for a total amount for all
work required in connection with the City's 2014 Street Tree Planting
Program not to exceed $112,050.00; 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 necessary or incidental to the
full performance of this resolution.
#39-14 RESOLVED, that having considered the report and
recommendation of the City Engineer, dated January 13, 2014, which
bears the signature of the Director of Finance, is approved by the Director
of Public Works and approved for submission by the Mayor, regarding
repair of sidewalks in the City of Livonia pursuant to the 2013 Sidewalk
Program, at the locations and in the amounts indicated in the attachment
to the aforesaid communication, which work was done pursuant to Council
Resolution No. 127-13 and in accordance with the provisions of Section
340 of Title 12, Chapter 4 of the Livonia Code of Ordinances, as
amended, the City Treasurer is hereby directed to send a statement of
charges to all property owners in the amounts listed above in accordance
with Section 150 of Title 3, Chapter 8 of the Livonia Code of Ordinances,
as amended, and the Council does hereby establish the evening of June
16, 2014, at 7:00 p.m. at the Livonia City Hall, 33000 Civic Center Drive,
Livonia, Michigan, as the time and place when the Council shall meet for
the purpose of adopting a resolution placing a Special Assessment upon
said property for such charges unless the same are paid prior to the date
of such meeting; and the City Clerk and City Treasurer are hereby
Regular Meeting Minutes of February 3, 2014
38954
requested to do all things necessary or incidental to the full performance
of this resolution.
#40-14 RESOLVED, that having considered the report and
recommendation of the City Engineer, dated January 7, 2014, approved
by the Director of Public Works and approved for submission by the
Mayor, with regard to a request from the Wayne County Department of
Public Services that the City take jurisdiction and control of the entire on-
site storm sewer collection system to be constructed by the owner of the
property located at 15475 Middlebelt Road, Livonia, Michigan, the Council
does hereby determine as follows:
1. To advise the Wayne County Department of Public Services
(Permit Section) that the City of Livonia has approved the storm
sewer site plans and further, that the City will accept jurisdiction
and maintenance (at no expense to the County) of the storm sewer
within the property located on the west side of Middlebelt Road,
north of Five Mile Road, in the S.E. % of Section 14. (See attached
Maintenance Agreement from the owner, Trinity Continuing Care
Services, 17410 College Parkway, Suite 200, Livonia, Michigan
48152, indicating their willingness to reimburse the City for any
such maintenance that may become necessary);
2. To authorize the City Engineer to execute a Wayne County permit
on behalf of the City of Livonia in connection with the above storm
sewer construction;
3. To authorize the Mayor and the City Clerk to execute the
Maintenance Agreement on behalf of the City.
A roll call vote was taken on the foregoing resolutions with the following result:
AYES: Scheel, Nash, Kritzman, Pastor, Meakin, Toy, and Brosnan.
NAYS: None.
Kritzman and Pastor stepped down from the podium at 7:25 p.m. to avoid any perceived
conflict of interest.
On a motion by Meakin, seconded by Toy, it was:
#41-14 RESOLVED, that having considered a communication from
the Department of Law, dated January 22, 2014, which bears the
signature of the Planning Director and is approved for submission by the
Mayor, to which is attached a Development Agreement between East
Middlebelt, L.L.C., 17800 Laurel Park Drive North, Suite 200C, Livonia,
Michigan 48152 and the City of Livonia, providing certain terms and
conditions on the re -use and maintenance of the former GM Powertrain
Regular Meeting Minutes of February 3, 2014
38955
Plant, 12200 Middlebelt Road, pursuant to authorization established by
Revitalizing Auto Communities Environmental Response (RACER) Trust
under a Settlement Agreement in U.S. Bankruptcy Court, the Council
does hereby approve the Development Agreement in the manner and
form herein submitted; and the Mayor and City Clerk are hereby
authorized, for and on behalf of the City of Livonia, to affix their signatures
to the said Agreement, subject to approval as to form by the Department
of Law.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Scheel, Nash, Meakin, Toy, and Brosnan.
NAYS: None.
The President declared the resolution adopted.
Kritzman and Pastor returned to the podium at 7:26 p.m.
Ordinance:
Nash took from the table, for second reading and adoption, the following
AN ORDINANCE VACATING THE USE OF PORTIONS OF STREET,
ALLEY AND PUBLIC GROUND. (Petition 2013-09-03-02)
A roll call vote was taken on the foregoing Ordinance with the following result:
AYES: Scheel, Nash, Kritzman, Pastor, Meakin, Toy, and Brosnan.
NAYS: None.
The President declared the foregoing Ordinance duly adopted, and would become
effective on publication.
Ordinance:
Pastor took from the table, for second reading and adoption, the following
AN ORDINANCE VACATING THE USE OF PORTIONS OF STREET,
ALLEY AND PUBLIC GROUND. (Petition 2013-10-03-03)
A roll call vote was taken on the foregoing Ordinance with the following result:
AYES: Scheel, Nash, Kritzman, Pastor, Meakin, Toy, and Brosnan.
NAYS: None.
Regular Meeting Minutes of February 3, 2014
The President declared the foregoing Ordinance duly adopted, and would become
effective on publication.
was:
was:
On a motion by Toy, seconded by Kritzman, and unanimously adopted, it
#42-14 RESOLVED, that having considered a communication from
the Department of Law, dated January 14, 2014, approved for submission
by the Mayor, transmitting for Council acceptance a Grant of Easement
executed by Dr. David M. Pegouske, Resident Agent for
Pegouske/Moossavi Holdings L.L.C. on behalf of Livonia Dermatology for
a 20' wide public utility easement in connection with the construction of a
new sanitary sewer line at 14801 Farmington Road in the Northeast Y4 of
Section 21, more particularly described as:
The centerline description of a sanitary sewer easement located in part of
the Northeast % of Section 21, City of Livonia, Wayne County, Michigan,
more particularly described as:
20 -FOOT WIDE SANITARY SEWER EASEMENT
The centerline of a twenty (20.00) foot wide sanitary sewer easement
being part of the NE'/4 of Section 21, Town 1 South, Range 9 East, City of
Livonia, Wayne County, Michigan, described as: commencing at the NE
corner of said Section 21, thence due south 1977.83 feet; thence N. 890
41' 00" W., 54.97 feet; thence S. 000 26' 00" W., 10.00 feet to the point of
beginning; thence N. 890 41'00" W., 273.00 feet to the point of ending.
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 Scheel, seconded by Toy, and unanimously adopted, it
#43-14 RESOLVED, that having considered a communication from
the Department of Law, dated January 14, 2014, approved for submission
by the Mayor, transmitting for Council acceptance a Grant of Easement
executed by Dr. David M. Pegouske, Resident Agent for
Pegouske/Moossavi Holdings L.L.C. on behalf of Livonia Dermatology for
a 12' wide public utility easement in connection with the construction of a
Regular Meeting Minutes of February 3, 2014
38957
new water main at 14801 Farmington Road in the Northeast Y4 of Section
21, more particularly described as:
The centerline description of a water main easement located in part of the
Northeast'/ of Section 21, City of Livonia, Wayne County, Michigan, more
particularly described as:
12 -FOOT WIDE WATER MAIN EASEMENT
The centerline of a twelve (12.00) foot wide water main easement being
part of the NE '/ of Section 21, Town 1 South, Range 9 East, City of
Livonia, Wayne County, Michigan, described as: commencing at the NE
corner of said Section 21; thence due south 1977.83 feet; thence N. 890
41' 00" W., 54.97 feet; thence S. 00° 26' 00" W., 22.00 feet to the point of
beginning; thence N. 89° 41' 00" W., 14.84 feet; thence N. 00° 19' 00" E.,
8.75 feet; thence S. 000 19' 00" W., 8.75 feet; thence N. 890 41' 00" W.,
275.50 feet; thence N. 00° 19' 00" E., 10.40 feet to the point of ending.
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.
During Audience Communication, Christopher Martin, 12275 Inkster Road,
addressed Council to express concern and inquire about current elected officials who
have announced their intent to run for Wayne County official positions and inquired if
elected, would said officials be required to resign their current positions as Clerk and
Councilmember.
President Brosnan announced a public meeting will be held on
Wednesday, February 26, 2014, at 11:00 a.m. on the Fifth Floor of the Randolph
Building for the City of Detroit Water & Sewer Board to discuss how water rates are
determined and the possibility of future rate increases. President Brosnan indicated the
meeting is open to all to attend and stated further information could be obtained by
contacting the Council Office.
On a motion by Scheel, seconded by Pastor, and unanimously adopted,
this 1,746th Regular Meeting of the Council of the City of Livonia was adjourned at 7:34
p.m.
J�'
Ten -No. Marecki, City Clerk