HomeMy WebLinkAboutCOUNCIL MINUTES 2012-06-18 38322
MINUTES OF THE ONE THOUSAND SEVEN HUNDRED AND SEVENTH
REGULAR MEETING OF JUNE 18, 2012
On June 18, 2012, 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 Robinson led the meeting with the Pledge of Allegiance
Roll was called with the following result: Thomas Robinson, Maureen
Miller Brosnan, Brandon Kritzman, James McCann*, Joe Laura, John Pastor, and
Laura Toy Absent. None (*McCann arrived at 8 27 p m during Audience
Communication )
Elected and appointed officials present: Todd Zilincik, City Engineer;
Mark Taormina, City Planner; Judy Priebe, Technical Specialist; Don Knapp, City
Attorney; Terry Marecki, City Clerk, and Mayor Jack Kirksey
On a motion by Pastor, seconded by Robinson, it was
#245-12 RESOLVED, that the Minutes of the 1,706th Regular
Meeting of the Council held June 6, 2012, are hereby approved as
submitted
A roll call vote was taken on the foregoing resolution with the following result:
AYES Robinson, Kritzman, Laura, Pastor, and Toy
NAYS None
PRESENT Brosnan
Vice President Pastor wished a Happy Birthday to Cathy Greggorio and
congratulated the Clarenceville D*FAD dancers, who performed this past weekend as
part of their 11th anniversary celebration, for an outstanding dance recital
Robinson announced the 62nd Spree festival starts on Tuesday, June
19th and runs through Sunday, June 24th Robinson indicated the Spree has many
family events and highlighted some of the special events including pig racing, comedy
and magic shows, band performances, McNamara Pancake Breakfast; and the grand
finale of the firework display on Sunday, June 24th Robinson encouraged all
residents to be safe and enjoy the Spree's festivities
Regular Meeting Minutes of June 18, 2012 38323
Brosnan announced Old Rosedale Gardens Homeowners Association
will host its annual 4th of July parade and picnic on Tuesday, June 19th at 5 30 p m to
begin at St. Michael Catholic Church Brosnan encouraged all Old Rosedale Gardens
residents to join in this fun-filled family event. Brosnan also wished a sincere and
belated Happy Anniversary to her husband, Sean, and indicated they recently
celebrated their 20th wedding anniversary
Mayor Kirksey addressed Council to provide an update on the K2 and
synthetic drug problems within the community and stated many local businesses have
voluntarily removed K2 and other related synthetic drugs from their shelves However,
Mayor Kirksey indicated some businesses were unwilling to cooperate and the
Administration will continue to investigate and monitor the removal of K2 and other
synthetic drugs from shelves of the remaining businesses
Vice President Pastor and President Toy thanked the Michigan
legislature for acting so promptly on the K2 and other synthetic drug problems and
President Toy indicated four separate pieces of legislation should be signed into effect
by Governor Snyder before the end of the week
During Audience Communication, Christopher Martin, 12275 Inkster
Road, addressed Council to inquire if the City had researched the possibility of
obtaining metal or I-beams from the World Trade Center to commemorate the national
9/11 tragedy and to have a piece of American history in the local community Mr
Martin offered his welding tools to assist with a project of this nature, if the City so
desired to pursue it within the limited time frame left.
Kimberly Snider, 18297 Norwich, Livonia, addressed Council to express
concern for the Community Transit System within the community and stated she has
attempted to utilize the City's bus system but has found it frequently is filled far in
advance of her travel dates and has not been able to adequately meet her
transportation needs Ms Snider inquired if more buses could be added to the
Community Transit System to accommodate the needs of the community or if larger
routes would help solve the problem Ms Snider indicated she was present on behalf
all disabled persons within Livonia who may not be able to attend Council meetings or
voice their concerns and felt the current Community Transit System was deficient in
serving the community and restricted disabled residents from traveling outside Livonia.
*McCann arrived at the meeting at 8 27 p m during Audience Communication
Jill Rubarth, 35538 Parkdale, addressed Council to express concern
about the City's 2011 Sidewalk Repair Program and was informed by President Toy
the subject matter is on the Agenda and Ms Rubarth should wait to address Council
at that time
A communication from the Public Service Division, dated June 15, 2012,
re cancellation of request from Florence Cement for a portable batch plant on
Regular Meeting Minutes of June 18, 2012 38324
Glendale as it was determined they will not be using that site for the purpose of
producing concrete for reconstruction of Newburgh Road, at Churchill High School
and from Five Mile Road to Laurel Park Drive, was received and placed on file for the
information of the Council
At the direction of the Chair, Agenda Item #8 was removed from the
Consent Portion of the Agenda
At the direction of the Chair, Agenda Items #15 and #16 were removed
from the Agenda to be addressed at a future Regular meeting
On a motion by Pastor, seconded by Laura, it was
#246-12 RESOLVED, that having considered a communication from
Shannon R. Sisson, dated May 22, 2012, regarding a new franchise that
offers art classes that will allow attendees to bring in their own bottle of
wine and also promotes fundraisers to be held monthly that helps the
community, the Council does hereby determine to take no further action
with regard to this matter
#247-12 RESOLVED, that having considered an application from
Eldon K. Poison III, 15154 Haller, dated May 30, 2012, requesting
permission to close Haller between Five Mile Road and Elsie St. on
Wednesday, July 4, 2012, from 12.00 p m to 10 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.
#248-12 RESOLVED, that having considered an application from
Christy Walch, 19762 Donna, dated June 1, 2012, requesting permission
to close Donna between Fairfax and the curve on Pembroke on
Saturday, July 7, 2012, from 2 00 p m to 12.00 a.m for the purpose of
conducting a block party/graduation party, the Council does hereby grant
permission as requested, the action taken herein being made subject to
the approval of the Police Department; FURTHER, the Council does
hereby determine to waive Section 8 32.070 (Noise Control) of the
Livonia Code of Ordinances between the hours of 2 00 p m and 12 00
a m. in connection with this event.
#249-12 RESOLVED, that having considered an application from
Cindy Capen, 9350 Marie, dated May 30, 2012, requesting permission to
close Marie between Knolson and Minton, including Marie Court, on
Saturday, August 4, 2012, from 3 00 p m to 10 00 p m for the purpose
of conducting a block party, the Council does hereby grant permission as
requested, including therein permission to conduct the said affair on
Regular Meeting Minutes of June 18, 2012 38325
Saturday, August 11, 2012, in the event of inclement weather, the action
taken herein being made subject to the approval of the Police
Department.
#250-12 RESOLVED, that having considered an application from
James Rumrill, 14406 Brentwood, dated May 25, 2012, requesting
permission to close Brentwood between Meadowlark and Jacquelyn on
Saturday, August 18, 2012, from 1 00 p m to 10 00 p m for the purpose
of conducting a block party, the Council does hereby grant permission as
requested, including therein permission to conduct the said affair on
Sunday, August 19, 2012, in the event of inclement weather, the action
taken herein being made subject to the approval of the Police
Department.
#251-12 RESOLVED, that having considered a communication from
the City Clerk, dated June 1, 2012, forwarding an application submitted
by Renee Brewer, 14605 Arden Street, Livonia, Michigan 48154, for a
massage apprentice 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
#252-12 RESOLVED, that having considered the report and
recommendation of the Director of Community Resources, dated May
14, 2012, which bears the signature of the Director of Finance, the
Superintendent of Public Service - Environment & Utilities, and the
Director of Public Works, and is approved for submission by the Mayor,
the Council does hereby authorize Roush Clean Tech LLC, 34300 W
Nine Mile Road, Farmington, Michigan 48335, to perform all work
required to retrofit two (2) 2012 Ford E-450 cutaway buses with propane
conversion kits for the total cost of $26,498 00, FURTHER, the Council
does hereby authorize an expenditure in an amount not to exceed
$26,498 00 from funds budgeted in Account No 218-889-971-000 for
this purpose, FURTHER, the Council does hereby determine to
authorize the said purchase without competitive bidding in accordance
with the provisions set forth in Section 3 04 140 D 4 of the Livonia Code
of Ordinances, as amended
#253-12 RESOLVED, that having considered a communication from
the Chairman of the Water and Sewer Board, dated June 4, 2012, 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 4400 06/12, wherein the Board concurs in the
recommendation made by the Superintendent of Public Service -
Environment & Utilities, dated May 31, 2012, the Council does hereby
authorize payment in the amount of $100,636 00 to D'Angelo Brothers
Inc , 25543 Ranchwood, Farmington Hills, Michigan 48335, for labor
Regular Meeting Minutes of June 18, 2012 38326
necessary to perform emergency water main repairs on Farmington
Road south of 1-96, FURTHER, the Council does hereby appropriate and
authorize an expenditure in an amount not to exceed $100,636 00 from
the Unexpended Fund Balance of the Water and Sewer Fund (592) for
this purpose, FURTHER, the Council does hereby authorize such action
without competitive bidding for the reasons indicated in the aforesaid
communication, and such action is taken in accordance Section
3 04 140 D 1 of the Livonia Code of Ordinances, as amended
A communication from the Department of Law, dated May 23, 2012, re
Administrative Response to CR 189-12 — re request to amend the Livonia Code of
Ordinances to ban synthetic marijuana — was received and placed on file for the
information of the Council
A roll call vote was taken on the foregoing resolutions with the following result:
AYES Robinson, Brosnan, Kritzman, McCann, Laura, Pastor, and
Toy
NAYS None
Kritzman took from the table, for second reading and adoption, the
following Ordinance
AN ORDINANCE AMENDING SECTION 20 OF THE ZONING MAP OF
THE CITY OF LIVONIA AND AMENDING ARTICLE III OF ORDINANCE
NO 543, AS AMENDED, KNOWN AND CITED AS "THE CITY OF
LIVONIA ZONING ORDINANCE" BY ADDING SECTION 3
THERETO (Petition 2012-03-01-02)
A roll call vote was taken on the foregoing Ordinance with the following result:
AYES Robinson, Brosnan, Katzman, McCann, Laura, Pastor, and
Toy
NAYS None
The President declared the foregoing Ordinance duly adopted, and would become
effective on publication
On a motion by Brosnan, seconded by Laura, and unanimously adopted,
it was
Regular Meeting Minutes of June 18, 2012 38327
#254-12 RESOLVED, that having considered a communication from
the Director of Public Works, dated June 4, 2012, approved for
L submission by the Mayor, the Council does hereby approve the request
of Florence Cement Company, 12585 23 Mile Road, Shelby Township,
Michigan 48315, for the placement of a temporary portable concrete
batch plant on City property located on Glendale Street from July
through October, 2012, for the purpose of producing concrete for MDOT
Contract No 82609-113674, for the reconstruction of Newburgh Road,
at Churchill High School and from Five Mile Road to Laurel Park Drive,
the Council does hereby determine to take no further action
A communication from the Department of Finance, dated June 13, 2012,
re additional information requested by Council with regard to a proposed personal
property tax resolution, was received and placed on file for the information of the
Council.
On a motion by Brosnan, seconded by Laura, it was
#255-12 WHEREAS, the City of Livonia, Michigan is currently
receiving $14 million less in property tax revenue per year
L compared to 2008 as a result of reduced property values, and, at
the same time, the City of Livonia has experienced reductions in
State Shared Revenue totaling $4 million per year, and
WHEREAS, this unrelenting fiscal pressure has compelled the City
of Livonia to reduce the level of municipal services to our residents,
businesses and schools, and
WHEREAS, it is proposed by some that the Michigan Personal
Property Tax be reduced or eliminated, and
WHEREAS, the elimination of Personal Property Tax revenue
would result in a loss of $6.6 million in revenue every year; and
WHEREAS, this revenue loss would require even further cuts in
vital local services that would be unprecedented, unwarranted and
destructive to the fabric of our community;
NOW, THEREFORE, BE IT RESOLVED, that the City of Livonia
urges the Legislature and the Governor to specifically require that
t any change in the Michigan Personal Property Tax resulting in a
1 reduction in revenue from this tax to local governments be
ift.
Regular Meeting Minutes of June 18, 2012 38328
conditioned upon a full — not partial — amount of replacement
revenue, and
BE IT FURTHER RESOLVED, that the City of Livonia urges the
Legislature and the Governor to condition any reduction in revenue
to local units of government from the Michigan Personal Property
Tax to the passage of an amendment of the Michigan Constitution
to protect the full amount of replacement revenue, and
BE IT FINALLY RESOLVED, that on behalf of our citizens,
businesses and schools, and in recognition of the vital importance
substantial and stable revenue derived from Michigan's Personal
Property Tax will have on our future economic success, the City of
Livonia urges the Legislature and the Governor to fully Replace,
not Erase, the Michigan Personal Property Tax.
A roll call vote was taken on the foregoing resolution with the following result
AYES Brosnan, Kritzman, McCann, Laura, Pastor, and Toy
NAYS Robinson
The President declared the resolution adopted
On a motion by Laura, seconded by Brosnan, and unanimously
adopted, it was
#256-12 RESOLVED, that having considered a communication from
the City Treasurer dated June 1, 2012, regarding the replacement of
sidewalks in the City of Livonia on the following parcels in the following
amounts
Parcels of property and assessment, as outlined in the
Treasurer's letter, dated June 1, 2012, is included
herein by reference,
which work was done pursuant to Council Resolution 148-11 and in
accordance with the provisions of Section 12 04 340 of the Livonia Code
of Ordinances, Title 12, Chapter 4, and the City Treasurer having
thereafter sent a statement of charges by first class mail to the owners of
property to be assessed wherein notice of the meeting by the City
Council on this date was given and at least 30 days having expired since
the giving of such notice with such charges remaining unpaid, the
Council does hereby, pursuant to the provisions of Section 3 08 150 of
the Livonia Code of Ordinances, Title 3, Chapter 8, adopt this resolution
Regular Meeting Minutes of June 18, 2012 38329
wherein a special assessment is placed upon such property for said
charges, FURTHER, the Council does hereby authorize installment
payments in the number of three (3) installments at 6% interest where
assessments exceed $400 and the property owner has requested such
installments, FURTHER, the Council does hereby request that the City
Treasurer shall give notice of the amounts herein determined to the
persons chargeable therewith, such notice to be sent by first class mail
to the last known address of such persons as shown on the most current
assessment roll of the City, and where payments herein authorized are
not made within the specified time this fact shall be reported by the City
Treasurer to the City Assessor who shall charge such amount together
with a penalty of 10% of such amounts against the persons or real
property chargeable therewith on the next general tax roll, and the City
Clerk and City Treasurer are hereby requested to do all things necessary
or incidental to the full performance of this resolution
Jill Rubarth, 35528 Parkdale, addressed Council to express her concern about the
sidewalk work she contracted out personally last year Ms Rubarth indicated she and
her husband had cement work done last year on their driveway and pulled a permit to
replace the adjacent sidewalk. However, when the City came through the same
pieces of cement were marked for replacement as part of the City's Sidewalk Repair
Program and she felt that her neighbors' sidewalks were in worse condition than her
own sidewalk. Ms Rubarth indicated their family was a one-income family with
children and felt this placed an undue hardship on them
Fabrizio Pesce, 30508 Munger, indicated he owns commercial property at the corner
of Seven Mile and Farmington and has suffered as a business owner due to the recent
economic downturn Mr Pesce indicated the strip mall he owns is close to 65%
vacant and has cost him more over $1 million in loans to keep up with sub-dividing the
property to lease space out to tenants, attorney fees, and other expenses to keep the
space occupied Further, Mr Pesce indicated he appreciated the help from the City to
get tenants to move into his property but felt the sidewalk assessment created an
unnecessary hardship for him as a Livonia business owner
Following discussion by Council, Brosnan requested the Administration provide a
report and recommendation to Council regarding the issues and concerns presented
by Ms Rubarth and the replacement of sidewalk in front of her home located at 35528
Parkdale
On a motion by Robinson, seconded by Pastor, and unanimously
adopted, it was
#257-12 WHEREAS, the City of Livonia recognizes the need to
make improvements to its existing wastewater collection system, and
WHEREAS, the City of Livonia authorized Orchard, Hiltz & McCliment,
Inc to prepare a Project Plan, which recommends the rehabilitation of
Regular Meeting Minutes of June 18, 2012 38330
approximately 5,000 feet of sanitary sewer and 600 manholes and
disconnection of approximately 25 illicit connections to improve the
conveyance of sanitary sewage through the City of Livonia Sanitary
Sewer System, and
WHEREAS, said Project Plan was presented at a Public Hearing held on
June 6, 2012, and all public comments have been considered and
addressed,
NOW THEREFORE BE IT RESOLVED, that the City of Livonia formally
adopts said Project Plan and agrees to implement the selected
alternative (Ill removal through rehabilitation of sewer pipe and
manholes, and disconnection of direct connection sources)
BE IT FURTHER RESOLVED, that the City Engineer, a position
currently held by Todd J Zilincik, P E , is designated as the authorized
representative for all activities associated with the project referenced
above, including the submittal of said Project Plan as the first step in
applying to the State of Michigan for a revolving fund loan to assist in the
implementation of the selected alternative
An e-mail communication from Richard Barr, dated June 15, 2012, re
request to postpone Agenda Items #15 and #16 regarding the transfer of Industrial
Facilities Exemption Certificate on behalf of Infineon Technologies, North America
Corporation, from 19111 Victor Parkway to 19401 Victor Parkway (IDD #114) and
application for Industrial Facilities Exemption Certificate for a new facility being
constructed at 19401 Victor Parkway (IDD #114), was received and placed on file for
the information of the Council
There was no Audience Communication at the end of the meeting
On a motion by Robinson, seconded by Brosnan, and unanimously
adopted, this 1,707th Regular Meeting of the Council of the City of Livonia was
adjourned at 9 04 p m
5 /1-t4_,24____
Terry . Marecki, City Clerk