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HomeMy WebLinkAboutCOUNCIL MINUTES 2011-11-30 38096 MINUTES OF THE ONE THOUSAND SIX HUNDRED NINETY FOURTH REGULAR MEETING OF NOVEMBER 30, 2011 On November 30, 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 Pastor led the meeting with the Pledge of Allegiance Roll was called with the following result: John Pastor, Brian Meakin, Joe Laura, Laura Toy, Maureen Miller Brosnan, Conrad Schwartz, and James McCann Absent: None 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; Brandon Kritzman, Councilmember Elect; and Mayor Jack Kirksey On a motion by Schwartz, seconded by Pastor, it was #385-11 RESOLVED, that the Minutes of the 1,693rd Regular Meeting of the Council held November 16, 2011, are hereby approved as submitted A roll call vote was taken on the foregoing resolution with the following result: AYES Pastor, Meakin, Laura, Toy, Schwartz, and McCann NAYES None PRESENT Brosnan The President declared the resolution adopted Toy extended sincere condolences to the Ficano family and indicated Robert Ficano's mother, Lena Ficano, recently passed away Toy stated the Ficano family has longtime ties to the Livonia community and offered a moment of silence to honor Mrs Ficano and offered sympathy to her family Toy also requested a moment of silence to honor the recent passing of Bobby Duggan, son of Patrick and Joan Duggan, longtime active Livonia residents Toy stated Bobby Duggan died Regular Meeting Minutes of November 30, 2011 38097 unexpectedly at a very young age and expressed sympathy and condolences to the Duggan family President McCann wished a Happy Birthday to his son, Tyler, who he indicated attends Western Michigan University and will celebrate his birthday on Saturday, December 3rd President McCann also wished a Happy Birthday to his grandson, Kaiden, who he indicated will turn four on Sunday, December 4th Mayor Kirksey announced the annual City Tree Lighting and Caroling Ceremony will take place on Tuesday, December 6, 2011, starting at 7 00 p m on the steps of City Hall, south side of the building Mayor Kirksey indicated the ceremony will then proceed to the Civic Center Library where hot chocolate, cookies, crafts, a magic show and Santa and Mrs Claus will be present. Further, Mayor Kirksey invited City retirees and employees to attend the Annual Holiday Coffee to be held in the Fifth Floor Gallery of City Hall on Thursday, December 15, 2011, from 9 30 a m until 11 00 a m Mayor Kirksey indicated singers will be present from the Jackson Preschool Program to provide entertainment for all to enjoy There was no Audience Communication at the beginning of the meeting On a motion by Pastor, seconded by Meakin, it was #386-11 RESOLVED, that having considered a communication from the City Clerk, dated November 2, 2011, forwarding an application submitted by Rene Eid, 17675 N Laurel Park, Livonia, Michigan 48152, 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 #387-11 RESOLVED, that having considered a communication from the City Clerk, dated November 10, 2011, forwarding an application submitted by Kayla Phill, 38127 Summers, Livonia, Michigan 48154, 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 #388-11 RESOLVED, that having considered the report and recommendation of the City Treasurer, dated October 31, 2011, which bears the signature of the Director of Finance and is approved for submission by the Mayor, the Council does hereby accept the proposal submitted by BS & A Software, 14965 Abbey Lane, Bath, Michigan 48808, for annual service and support fees in connection with the Equalizer Internet Tax/Assessment System for the period November 1, 2011, through October 31, 2012, for the total amount of $18,020 00, the Regular Meeting Minutes of November 30, 2011 38098 same to be expended from funds budgeted in Account No 101-253-851- 020 for this purpose, FURTHER, the Council does hereby authorize the action herein without competitive bidding in accordance with Section 3 04 140 D 4 of the Livonia Code of Ordinances, as amended #389-11 RESOLVED, that having considered a communication from the Director of Public Works, dated November 9, 2011, which bears the signature of the Director of Finance and is approved for submission by the Mayor, the Council does hereby approve a three (3) year extension of the existing contract with Brendel's Septic Tank Service, LLC, 9481 Highland Road, White Lake, Michigan 48386, for providing portable toilet service for the City's 2012 through 2014 season at the unit prices bid in their proposal, dated February 5, 2007, with a $5 00 per unit reduction for monthly handicap units, for the estimated total annual cost of $29,975 00, FURTHER, the Council does hereby authorize an expenditure in an amount not to exceed $29,975 00 from funds already budgeted for this purpose in the 2011-2012 Fiscal Year in Account No 205-527-818-000 (Municipal Refuse Fund), FURTHER, the Council does hereby authorize the action herein 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 #390-11 RESOLVED, that having considered the report and recommendation of the City Engineer, dated November 14, 2011, which bears the signature of the Director of Finance, is approved by the Director of Public Works and is approved for submission by the Mayor, regarding an additional appropriation and expenditure for work required in connection with the construction of the Fire Station #1 Drive and Police Station Rear Parking Lot Improvements Project (Contract 11-E), previously authorized in Council Resolution 204-11, adopted on July 6, 2011, the Council does hereby appropriate and authorize an additional expenditure in an amount not to exceed $107,872 19 from the Unexpended Fund Balance of the Capital Projects Fund (401) for additional items required to improve the facilities in connection with these improvements, FURTHER, the Council does hereby authorize an additional expenditure in the amount of $80,742 02 to be paid to Nagle Paving Company, 36780 Amrhein, Livonia, Michigan 48150, for this purpose, FURTHER, the Council does hereby authorize an additional expenditure in the amount of $27,130 17 to Spalding DeDecker, Inc , 905 South Blvd East, Rochester Hills, Michigan 48307, for professional services including construction staking, contract coordination, additional materials testing and construction observation #391-11 RESOLVED, that having considered the report and recommendation of the City Engineer, dated November 2, 2011, which bears the signature of the Director of Finance, is approved by the Director of Public Works and is approved for submission by the Mayor, Regular Meeting Minutes of November 30, 2011 38099 regarding an additional appropriation and expenditure for work required in connection with the Five Mile Resurfacing from Farmington Road to Merriman Road Project, previously authorized in Council Resolution 271- 06, adopted on June 14, 2006, the Council does hereby appropriate and authorize an additional expenditure in an amount not to exceed $9,319 17 from the Unexpended Fund Balance of the Michigan Transportation Fund (Major Roads) for additional construction engineering costs and additional sprinkler and landscaping charges to be paid to Wayne County, 600 Randolph, Detroit, Michigan 48226, for this purpose #392-11 RESOLVED, that having considered the report and recommendation of the City Engineer, dated November 14, 2011, which bears the signature of the Director of Finance and the City Attorney, is approved by the Director of Public Works and is approved for submission by the Mayor, to which is attached a proposed Contract Amendment between the City of Livonia and Orchard, Hiltz & McCliment, Inc , the Council does hereby authorize the Mayor and City Clerk, for and on behalf of the City of Livonia, to execute the attached QBS Contract Amendment between the City of Livonia and Orchard, Hiltz & McCliment, Inc , 34000 Plymouth Road, Livonia, Michigan 48150, to provide design services and construction engineering services for the Rennolds' Ravine Streambank Stabilization Project (RXB-14) in an amount not to exceed $40,500 00 with the opportunity to have 50% of the costs paid for as part of a grant by Wayne County; FURTHER, the Council does hereby authorize an expenditure in an amount not to exceed $40,500 00 from the Unexpended Fund Balance of the Capital Projects Fund (401) for this purpose, and the City Engineer is hereby authorized to approve minor adjustments in the work, as it becomes necessary #393-11 RESOLVED, that having considered a communication from the City Planning Commission, dated November 16, 2011, which transmits its resolution 11-68-2011, adopted on November 15, 2011, with regard to Petition 2011-10-08-11, submitted by West Bay Exploration Company, requesting site plan approval in connection with a proposal to drill an oil and gas exploration well on the Schoolcraft College Campus, located on the east side of Haggerty Road between Six Mile Road and Seven Mile Road (18600 Haggerty Road), in the Northwest 3/4 of Section 7, pursuant to the provisions set forth in Section 18 52 of Ordinance No 543, as amended, the Council does hereby concur in the recommendation of the Planning Commission and Petition 2011-10-08-11 is hereby approved and granted, subject to the following conditions 1 That the Proposed Easement Plan marked Sheet 2 dated October 12, 2011, prepared by Westshore Consulting is hereby approved and shall be adhered to, Regular Meeting Minutes of November 30, 2011 38100 2 That the Landscape Plan marked Sheet 5 dated October 12, 2011, prepared by Westshore Consulting is hereby approved and shall be adhered to, 3 That the petitioner shall secure the necessary permits, including storm water management permits, wetlands permits and soil erosion and sedimentation control permits, from Wayne County, the City of Livonia, and/or the State of Michigan Department of Environmental Quality; 4 That the specific plans referenced in this approving resolution shall be submitted to the Inspection Department at the time the building permits are applied for; and 5 Pursuant to Section 19 10 of Ordinance No 543, the Zoning Ordinance of the City of Livonia, this approval is valid for a period of one year only from the date of approval by City Council, and unless a building permit is obtained and construction has commenced, this approval shall be null and void at the expiration of said period #394-11 WHEREAS, the Governmental Accounting Standards Board (GASB) has issued Statement No 54 — Fund Balance Reporting and Governmental Fund Type Definitions, which redefines fund types and changes the terminology used for fund balance reporting on balance sheets of Governmental Funds, AND, WHEREAS, the City of Livonia City Council has been made aware of the new reporting requirements, AND, WHEREAS, the City of Livonia Finance Department recommends that all revenues received by the Cable Television Special Revenue Fund, except those considered to be restricted for public, educational, or governmental (PEG) use, and the resulting fund balance, be committed solely for the use of providing cable access television, AND, NOW, THEREFORE, BE IT RESOLVED that the City of Livonia City Council accepts and adopts the aforementioned recommendation #395-11 WHEREAS, the Governmental Accounting Standards Board (GASB) has issued Statement No 54 — Fund Balance Reporting and Governmental Fund Type Definitions, which redefines fund types and changes the terminology used for fund balance reporting on balance sheets of Governmental Funds, AND, WHEREAS, the City of Livonia City Council has been made aware of the new reporting requirements, AND, Regular Meeting Minutes of November 30, 2011 38101 WHEREAS, the City of Livonia Finance Department recommends that for the Community Recreation Special Revenue Fund, when multiple components of fund balance are available for the same expenditure (for example, a project has both restricted and unrestricted funds available for it), spending will occur in this order — unassigned, restricted, committed, and assigned For all other funds, spending will occur in this order— restricted, committed, assigned, and unassigned, AND, NOW, THEREFORE, BE IT RESOLVED that the City of Livonia City Council accepts and adopts the aforementioned recommendation A roll call vote was taken on the foregoing resolutions with the following result: AYES Pastor, Meakin, Laura, Toy, Brosnan, Schwartz, and McCann NAYS None Toy gave first reading to the following Ordinance AN ORDINANCE AMENDING SECTIONS 020 AND 030 OF TITLE 15, CHAPTER 16 (FIRE PREVENTION CODE) 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 Pastor gave first reading to the following Ordinance AN ORDINANCE AMENDING SECTION 30 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 2011-07-01-04) 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 P g 9 Regular Meeting Minutes of November 30, 2011 38102 On a motion by Meakin, seconded by Pastor, it was #396-11 RESOLVED, that having considered a communication from the Director of Finance, dated November 10, 2011, approved for submission by the Mayor, regarding a request for a temporary rent modification for George Murphy's, from December, 2011, to March, 2012, due to slow times for the business located at 36000 Seven Mile Road and to increase the monthly rent payment from April, 2012, to July, 2012, to collect the delayed rent, the Council does hereby concur in the recommendation of the Director of Finance, and does hereby grant a rent modification for George Murphy's wherein the monthly rent would be reduced to $2,837 00 over the four months from December, 2011, to March, 2012, and would be increased to $8,511 00 for the months of April, 2012, to July, 2012, which modification shall be set forth in a Lease Amendment that is acceptable to the Administration A roll call vote was taken on the foregoing resolution with the following result: AYES Pastor, Meakin, Toy, Brosnan, Schwartz, and McCann NAYS Laura The President declared the resolution adopted On a motion by Schwartz, seconded by Brosnan, it was #397-11 RESOLVED, that having considered the report and recommendation of the Director of the Housing Commission, dated October 26, 2011, which bears the signature of the Director of Finance and is approved for submission by the Mayor, which transmits Housing Commission resolution 41-11, wherein the Commission recommended the following rental adjustments to become effective March 1, 2012, with respect to City-owned scattered site properties as follows Current Proposed 2-Bedroom $430 $440 29149 Morlock 20121 Floral 27545 Long 3-Bedroom $515 $525 11910 Cardwell 12411 Arcola 31220 Hathaway 19941 Deering 9880 Harrison 11784 Arcola 33916 Five Mile Regular Meeting Minutes of November 30, 2011 38103 35546 Orangelawn 10033 Garden 12092 Arcola 20222 St. Francis 28115 Clements Circle S 14200 Beatrice 4-Bedroom $580 $590 20120 Deering The above rents exclude gas, electric and water utility charges the Council does hereby concur in and approve of the recommended action A roll call vote was taken on the foregoing resolution with the following result: AYES Pastor, Meakin, Toy, Brosnan, Schwartz, and McCann NAYS Laura The President declared the resolution adopted On a motion by Schwartz, seconded by Brosnan, it was #398-11 RESOLVED, that having considered a communication from the Director of the Housing Commission, dated October 31, 2011, which bears the signature of the Director of Finance and is approved for submission by the Mayor, which transmits Housing Commission resolution 38-11 wherein the Housing Commission has recommended certain rental adjustments with respect to Newburgh Village, the Council does hereby approve rental adjustments of $5 00 per month effective June 1, 2012, as follows Adjusted Rent Bedroom Size Current Rent Effective 6-1-12 One Bedroom $505 $510 Two Bedroom $575 $580 The above rents exclude gas and electric utility costs A roll call vote was taken on the foregoing resolution with the following result: AYES Pastor, Meakin, Brosnan, Schwartz, and McCann NAYS Laura and Toy The President declared the resolution adopted Regular Meeting Minutes of November 30, 2011 38104 Shirley Schneider, 37632 S Capitol Court, Newburgh Village, addressed Council to express her support of the proposed rental increase adjustments for Newburgh Village and indicated she felt Newburgh Village provided quality living for seniors in a home- like environment that was both reasonable and valuable for the rental rates charged to residents On a motion by Schwartz, seconded by Pastor, it was #399-11 RESOLVED, that having considered a communication from the Director of the Housing Commission, dated October 31, 2011, which bears the signature of the Director of Finance and is approved for submission by the Mayor, which transmits Housing Commission resolution 38-11 wherein the Housing Commission has recommended certain rental adjustments with respect to Silver Village, the Council does hereby approve rental adjustments of $5 00 per month effective June 1, 2012, as follows A) Pre-December, 1990 - 6 Residents Adjusted Rent Bedroom Size Current Rent Effective 6-1-12 One Bedroom $355 $360 Two Bedroom $390 $395 B) Post-December, 1990 - 103 Residents Adjusted Rent Bedroom Size Current Rent Effective 6-1-12 One Bedroom $420 $425 Two Bedroom $475 $480 The above rents exclude gas and electric utility costs A roll call vote was taken on the foregoing resolution with the following result: AYES Pastor, Meakin, Brosnan, Schwartz, and McCann NAYS Laura and Toy The President declared the resolution adopted On a motion by Meakin, seconded by Pastor, and unanimously adopted, it was #400-11 RESOLVED, that having considered a communication from the City Planning Commission, dated October 28, 2011, which transmits its resolution 10-66-2011, adopted on October 25, 2011, with regard to Regular Meeting Minutes of November 30, 2011 38105 Petition 2011-10-08-10, submitted by Manoogian Manor, requesting site plan approval in connection with a proposal to construct additions and remodel the exterior of the existing elderly housing facility, located on the west side of Middlebelt Road between Five Mile Road and Puritan Avenue (15775 Middlebelt Road), in the Southeast 1/4 of Section 14, pursuant to the provisions set forth in Section 18 58 of Ordinance No 543, as amended, the Council does hereby concur in the recommendation of the Planning Commission and Petition 2011-10-08- 10 is hereby approved and granted, subject to the following conditions 1 That the Site Plan marked Sheet AS-1 1 dated October 10, 2011, prepared by Edmund London & Associates, Inc , is hereby approved and shall be adhered to, 2 That the Elevations Plans marked Sheets A-3 0, A-3 1 and A-2 1 prepared by Edmund London & Associates, Inc , each dated October 10, 2011, are hereby approved and shall be adhered to, 3 That a fully detailed landscape plan shall be submitted for approval to the Planning Commission and City Council within sixty (60) days following approval of this petition by the City Council, 4 That the brick used in the construction shall be full face four inch (4") brick, 5 That all rooftop mechanical equipment shall be concealed from public view on all sides by screening that shall be of a compatible character, material and color to other exterior materials on the building, 6 That the three walls of the trash dumpster areas shall be constructed out of the same brick used in the construction of the building or in the event a poured wall is substituted, the wall's design, texture and color shall match that of the building and the enclosure gates shall be of solid panel steel construction or durable, long-lasting solid panel fiberglass and maintained and when not in use closed at all times, 7 That the petitioner shall secure the necessary permits, including storm water management permits, wetlands permits and soil erosion and sedimentation control permits, from Wayne County, the City of Livonia, and/or the State of Michigan Department of Environmental Quality; 8 That all light fixtures shall not exceed twenty (20') feet in height as measured from the finish grade at the base of the structure to the top of the light fixture, and such fixtures shall be aimed and Regular Meeting Minutes of November 30, 2011 38106 shielded so as to minimize stray light trespassing across property lines and glaring into adjacent roadway; 9 That the issues as outlined in the correspondence dated October 17, 2011, from the Livonia Fire and Rescue Division shall be resolved to the satisfaction of the Inspection Department and/or Engineering Division, 10 That only conforming signage is approved with this petition, and any additional signage shall be separately submitted for review and approval by the Zoning Board of Appeals, 11 That the specific plans referenced in this approving resolution shall be submitted to the Inspection Department at the time the building permits are applied for; and, 12 Pursuant to Section 19 10 of Ordinance No 543, the Zoning Ordinance of the City of Livonia, this approval is valid for a period of one year only from the date of approval by City Council, and unless a building permit is obtained this approval shall be null and void at the expiration of said period Terry Clark, Edmund London & Associates, 20750 Civic Center Drive, Southfield, was present on behalf of the Petitioner as the design architect to answer any questions of Council and thanked Council for their time and support. (Petition 2011-10-08-10) Rosemarie Arakelian, Director of Manoogian Manor, 15775 Middlebelt Road, was present to answer any questions of Council and thanked Council for their cooperation and support. (Petition 2011-10-08-10) On a motion by Schwartz, seconded by Pastor, and unanimously adopted, it was #401-11 RESOLVED, that having considered a communication from the Fire Chief, dated November 9, 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 $500 00 from Livonia Moose Lodge, the same to be appropriated and credited to Account No 702-285-336 (Fire Community Donations) for the purposes as designated by the donor There was no Audience Communication at the end of the meeting President McCann reminded residents of the City's Tree Lighting and Caroling Ceremony scheduled to take place Tuesday, December 6th starting at 7 00 p m at City Hall and indicated it was a fun-filled evening and encouraged all residents to attend Regular Meeting Minutes of November 30, 2011 38107 Meakin stated it was good to have Councilmember Brosnan back. On a motion by Schwartz, seconded by Meakin, and unanimously adopted, this 1,694th Regular Meeting of the Council of the City of Livonia was adjourned at 8 35 p m Terryarecki, City Clerk 16-}—