HomeMy WebLinkAboutCOUNCIL MINUTES 2011-06-20 (2) 37930
MINUTES OF THE ONE THOUSAND SIX HUNDRED EIGHTY THIRD
REGULAR MEETING OF JUNE 20, 2011
On June 20, 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, Maureen Miller Brosnan, Conrad Schwartz, and James McCann
Absent: Laura Toy
Elected and appointed officials present: Todd Zilincik, City Engineer;
Karen Tesner, Director of Legislative Affairs, Mark Taormina, City Planner; Don
Knapp, City Attorney; Terry Marecki, City Clerk; State Representative Phil
Cavanagh, and Mayor Jack Kirksey
On a motion by Pastor, seconded by Meakin, and unanimously
adopted, it was
#184-11 RESOLVED, that the Minutes of the 1,682"d Regular
Meeting of the Council held June 8, 2011, are hereby approved as
submitted
Pastor reminded everyone the 61st Anniversary of SPREE starts on
June 21St and ends with the annual fireworks display on Sunday Pastor indicated
wristbands for the SPREE can be purchased through Tuesday, June 21st at
www livoniaspree corn
President McCann congratulated his sister, Maureen McCann, on her
recent retirement as a school teacher for more than 30 years teaching at the Swartz
Creek Elementary School to third and fourth grade students
Mayor Kirksey addressed Council to provide an update on water and
basement claims following the storms in May Mayor Kirksey stated the City will
meet with its insurance carrier, MMRMA, sometime within the next week to ten days
to review and investigate all of the claims filed to date and will keep residents posted
on the progress made Mayor Kirksey encouraged anyone who has not already
Regular Meeting Minutes of June 20, 2011 37931
submitted a claim to do so as soon as possible to comply with the 45 day
requirement of filing
President McCann introduced Michigan State Representative Phil
Cavanagh, of District 17 State Representative Phil Cavanagh indicated he was
present at the meeting to observe and keep his pulse on what is going on in the
community and informed residents he has a new phone number should they wish to
contact him at 1-888-REP17TH
There was no Audience Communication at the beginning of the
meeting
On a motion by Pastor, seconded by Meakin, it was
#185-11 RESOLVED, that having considered an application from
Nicole Bush, 14641 Susanna, dated May 26, 2011, requesting
permission to close Susanna between Ross and Donald on Saturday,
July 30, 2011 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, including therein permission to conduct the said affair on
Sunday, July 31, 2011, in the event of inclement weather, the action
taken herein being made subject to the approval of the Police
Department.
#186-11 RESOLVED, that having considered an application from
Barbara Smith, 18760 Floral, dated May 26, 2011, requesting
permission to close Floral south of Seven Mile between the driveway of
Sands Lounge and the party store north to Clanta on Saturday, August
13, 2011, from 10 00 a 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 Saturday,
August 20, 2011, in the event of inclement weather, the action taken
herein being made subject to the approval of the Police Department.
#187-11 RESOLVED, that having considered a letter from Laura
Zain, President/Founder, Tail Wagger's 1990, dated May 31, 2011, the
Council does hereby take this means to indicate that Tail Wagger's
1990 is recognized as a non-profit organization operating in the
community, and the action herein being taken for the purpose of
affording Tail Wagger's 1990 an opportunity to obtain a charitable
gaming license or registration from the State of Michigan in
accordance with provisions of State statute
A communication containing the signed Letter of Understanding, dated
May 31, 2011, from New Big Daddy's, L L C , re request to transfer ownership of an
Regular Meeting Minutes of June 20, 2011 37932
escrowed 2010 Class C license for a business located at 19333 Victor Parkway, was
4, received and placed on file for the information of the Council
#188-11 RESOLVED, that having considered a letter from the
Michigan Liquor Control Commission, dated February 4, 2011, and the
report and recommendation from the Chief of Police, dated May 19,
2011, approved for submission by the Mayor, the Council does hereby
approve of the request from New Big Daddy's, L.L C to transfer
ownership of an escrowed 2010 Class C licensed business from
Comerica Bank, request to transfer location [Governmental Unit under
MCL 436 1531(1)] from 10300 W Jefferson, River Rouge, Michigan
48218, Wayne County; and request for a new Outdoor Service Area
and new Dance-Entertainment Permit for the business located at
19333 Victor Parkway, Livonia, Michigan 48152, Wayne County; and
the City Clerk is hereby requested to forward a certified copy of this
resolution to the Michigan Liquor Control Commission
#189-11 RESOLVED, that having considered a communication
from the City Clerk, dated June 6, 2011, regarding the establishment of
one or more Receiving Boards to administer any upcoming election
scheduled in the jurisdiction, the Council does hereby provide that at
any election in the City of Livonia at which ballots are counted and
certified at the precinct, one or more additional boards of election
inspectors may be appointed to serve as Receiving Boards pursuant to
MCL 168 679a
#190-11 RESOLVED, that having considered the report and
recommendation of the City Treasurer, dated May 25, 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
of BS&A Software, 14965 Abbey Lane, Bath, Michigan 48808, to
upgrade the tax system, special assessment system, delinquent
personal property tax system and miscellaneous receivable system for
the Treasurer's Office from BS&A Pervasive Software to BS&A Dot.Net
for the total amount of $18,935 00, FURTHER, the Council does
hereby appropriate and authorize an additional expenditure in an
amount not to exceed $18,935 00 from the Unexpended Fund Balance
of the Capital Projects Fund (401) for this purpose, FURTHER, the
Council does hereby authorize this purchase 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
#191-11 RESOLVED, that having considered the report and
recommendation of the Interim Superintendent of Parks and
Recreation, dated May 20, 2011, which bears the signature of the
Director of Finance and is approved for submission by the Mayor, the
Regular Meeting Minutes of June 20, 2011 37933
Council does hereby accept the bid of American Fence & Supply,
21200 Schoenherr, Warren, Michigan 48089, for performing all work
required in connection with the removal and replacement of existing
backstops at seven (7) municipal fields in the total amount of
$97,533 15, the same having been in fact the lowest bid received and
meets all specifications, FURTHER, the Council does hereby authorize
an expenditure in an amount not to exceed $97,533 15, from the
Unexpended Fund Account 208 for this purpose, which account shall
be reimbursed at such time as the Wayne County Grant money is
received to cover this expenditure, and the Mayor and City Clerk are
hereby authorized, for and on behalf of the City of Livonia, to execute a
contract with the aforesaid bidder and to do all other things necessary
or incidental to the full performance of this resolution
#192-11 RESOLVED, that having considered a communication
from the Superintendent of Parks and Recreation, dated June 10,
2011, which bears the signature of the Director of Finance and the
Assistant City Attorney, is approved for submission by the DPW
Director and the Mayor, and which sets forth Parks and Recreation
Commission resolution 3223-11, the Council does hereby concur in the
recommendation of the Parks and Recreation Commission and does
hereby approve Amendment No 1 to the Lease Agreement between
the City of Livonia and the Wolves and Hawks Soccer Club regarding
Jaycee Park soccer fields giving them the option of extending the lease
for two additional five (5) year terms conditioned upon the installation
of an artificial turf field at Jaycee Park at the expense of the Michigan
Wolves and Hawks Soccer Club, and the Mayor and City Clerk are
hereby authorized to execute said Amendment No 1 to the Lease
Agreement 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
#193-11 RESOLVED, that having considered a letter from Michael
Hudzik, dated June 2, 2011, which requests permission to waive
Section 8 32 070 (Noise Control) of the Livonia Code of Ordinances,
as amended, in connection with a birthday party to be held on Sunday,
June 26, 2011, at 32974 Grennada, to allow the playing of a live band,
the Council does hereby determine to waive Section 8 32 070 (Noise
Control) of the Livonia Code of Ordinances between the hours of 5 00
p m and 9 00 p m in connection with this event to be held on Sunday,
June 26, 2011
#194-11 RESOLVED, that pursuant to Section 21 02 of the Zoning
Ordinance of the City of Livonia, Ordinance No 543, as amended, and
Section 5 of Act 207 of the Public Acts of Michigan of 1921, as
amended, Michael E Duggan, Jr , 38980 Ann Arbor Trail, Livonia,
Michigan 48150, is hereby appointed to the Zoning Board of Appeals
for a three-year term expiring July 12, 2014, with all the authority and
duties as set forth in the said Zoning Ordinance and Act 207, and
Regular Meeting Minutes of June 20, 2011 37934
further provided that Mr Duggan takes the Oath of Office as required
in Chapter X, Section 2 of the City Charter, to be administered by the
City Clerk
#195-11 RESOLVED, that pursuant to Section 21 02 of the Zoning
Ordinance of the City of Livonia, Ordinance No 543, as amended, and
Section 5 of Act 207 of the Public Acts of Michigan of 1921, as
amended, Elizabeth H McCue, 11311 Berwick, Livonia, Michigan
48150, is hereby appointed to the Zoning Board of Appeals for a three-
year term expiring July 12, 2014, with all the authority and duties as set
forth in the said Zoning Ordinance and Act 207, and further provided
that Ms McCue takes the Oath of Office as required in Chapter X,
Section 2 of the City Charter, to be administered by the City Clerk.
A roll call vote was taken on the foregoing resolutions with the following result.
AYES Pastor, Meakin, Laura, Brosnan, Schwartz, and McCann
NAYS None
Meakin gave first reading to the following Ordinance
AN ORDINANCE VACATING PORTIONS OF STREET, ALLEY AND
PUBLIC GROUND (Petition 2011-03-03-01)
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
Brosnan gave second reading to the following Ordinance
AN ORDINANCE AMENDING SECTION 040 OF TITLE 13, CHAPTER
08 (WATER SERVICE RATES AND REVENUES) OF THE LIVONIA
CODE OF ORDINANCES, AS AMENDED
A roll call vote was taken on the foregoing Ordinance with the following result:
AYES Pastor, Meakin, Laura, Brosnan, Schwartz, and McCann
NAYS None
The President declared the foregoing Ordinance duly adopted, and would become
effective on publication
Regular Meeting Minutes of June 20, 2011 37935
Brosnan gave second reading to the following Ordinance
AN ORDINANCE AMENDING SECTION 120 OF TITLE 13, CHAPTER
20 (LIVONIA SEWAGE DISPOSAL SYSTEM) OF THE LIVONIA
CODE OF ORDINANCES, AS AMENDED
A roll call vote was taken on the foregoing Ordinance with the following result:
AYES Pastor, Meakin, Laura, Brosnan, Schwartz, and McCann
NAYS None
The President declared the foregoing Ordinance duly adopted, and would become
effective on publication
Meakin gave second reading to the following Ordinance
AN ORDINANCE AMENDING SECTION 050 OF TITLE 13, CHAPTER
28 (INDUSTRIAL WASTE SURCHARGE) OF THE LIVONIA CODE
OF ORDINANCES, AS AMENDED
A roll call vote was taken on the foregoing Ordinance with the following result:
AYES Pastor, Meakin, Laura, Brosnan, Schwartz, and McCann
NAYS None
The President declared the foregoing Ordinance duly adopted, and would become
effective on publication
On a motion by Pastor, seconded by Brosnan, it was
#196-11 WHEREAS, the U S Department of Housing and Urban
Development (HUD) requires the submission of certain documentation
provided under the Cranston-Gonzales National Affordable Housing
Act; and
WHEREAS, the City of Livonia, Michigan City Council has participated
in the formation of a consortium with Lincoln Park, Taylor, Dearborn
Heights, Dearborn and the County of Wayne for purposes of
participating in the federal HOME Investment Partnerships Program
(HOME) in order to increase affordable housing opportunities for the
citizens of the City of Livonia and surrounding consortium area, and
WHEREAS, the City of Livonia has extended the three year agreement
set to expire June 30, 2013, and
Regular Meeting Minutes of June 20, 2011 37936
WHEREAS, the statutes, regulations and requirements of HUD and the
City of Livonia provide for the passage of a resolution authorizing the
Chief Executive Officer of the City and City Clerk to execute the
Interlocal Agreement to create a HOME Consortium and funding
contracts with the County of Wayne for housing rehabilitation
assistance, and
WHEREAS, it is the desire of the City of Livonia City Council to
execute the Interlocal Agreement and annual funding Contracts with
the County of Wayne,
NOW THEREFORE BE IT RESOLVED BY THE COUNCIL OF THE
CITY OF LIVONIA that the Mayor and City Clerk are authorized to
execute the 2009 Contract Modification #1, 2010 Contract Agreement
for the Housing Rehabilitation Program in the form attached and the
2011 and 2012 funding Contracts with the County of Wayne subject to
approval of the Housing Director and City Attorney
A roll call vote was taken on the foregoing resolution with the following result:
AYES Pastor, Meakin, Brosnan, Schwartz, and McCann
NAYS Laura
The President declared the resolution adopted
An e-mail communication dated June 6, 2011, re the displeasure of
the owner of Body Rocks, 36600 Plymouth Road, being billed for water and
maintenance whether he wants to water his property or not, was received and
placed on file for the information of the Council
A communication from Al Zack, owner of Body Rocks located at 36600
Plymouth Road, dated June 20, 2011, re objecting to the proposed Special
Assessment District for the irrigation project along Plymouth Road, was received and
placed on file for the information of the Council
On a motion by Brosnan, seconded by Meakin, and unanimously
adopted, it was
L #197-11 WHEREAS, pursuant to due and proper notice published
and mailed to all property owners in Special Assessment District No
Regular Meeting Minutes of June 20, 2011 37937
426 for the operation of an irrigation system along portions of Plymouth
Road in the City of Livonia, Wayne County, Michigan, formerly paid for
utilizing PRDA funds, as required by the provisions of the City Charter
and Title 3, Chapter 8 of the Livonia Code of Ordinances, as amended,
a public hearing thereafter having been held thereon on June 13, 2011
at 7 00 p m at the City Hall, 33000 Civic Center Drive, Livonia,
Michigan, and the City Council having duly met and reviewed the
special assessments levied on the special assessment roll as prepared
by the City Assessor to cover the district portion of the cost of
operation of an irrigation system along portions of Plymouth Road in
Special Assessment District No 426, and
WHEREAS, the City Council has heard and carefully considered all
objections made to said assessments,
NOW, THEREFORE, BE IT RESOLVED, THAT
1 The City Council does hereby determine that the assessments
set forth in a Special Assessment Roll dated May 20, 2011, in
the amount of $87,749 03, are fair and equitable and based
upon benefits to be derived by the operation of an irrigation
system along portions of Plymouth Road in said district in
accordance with the plans of the City Engineer and resolutions
of the City Council,
2 Said Special Assessment Roll No 426 is hereby approved and
confirmed in all respects,
3 The amount of said roll shall be divided into annual installments
with interest at the rate of six (6%) percent per annum on the
unpaid balance of the assessment from December 1, 2011
Said interest shall be payable on each installment due date,
provided, however, that after the issuance of bonds in
anticipation of the collection of the unpaid assessments on the
said special assessment roll, said rate of interest shall be no
more than 1% above the average rate of interest borne by said
bonds In such cases where the installments will be less than
Ten Dollars ($10 00), the number of installments shall be
reduced so that each installment shall be above and as near
Ten Dollars ($10 00) as possible The first installment shall be
due and payable December 1, 2011, and subsequent
installments on December 1st of succeeding years,
4 Pursuant to the provisions of Section 3 08 130 of the Livonia
Code of Ordinances, as amended, the City Clerk shall endorse
the date of confirmation on the assessment roll, and the said
assessment roll shall then be immediately transmitted to the
City Treasurer who shall then publish notice as is required by
Regular Meeting Minutes of June 20, 2011 37938
Section 3 08 190 of the Livonia Code of Ordinances, as
amended, and mail assessment statements to the respective
property owners assessed in the manner and substance as
provided by said Section 3 08 190 Any property owner
assessed may pay the whole or any part of the assessment
without interest or penalty up to December 1, 2011,
5 The first installment shall be spread upon the 2012 City tax roll
in the manner required by Section 3 08.210 of the Livonia Code
of Ordinances, as amended, together with interest upon all
unpaid installments from December 1, 2011, and thereafter one
(1) installment shall be spread upon each annual tax roll
together with one (1) year's interest upon all unpaid
installments, provided, however, that when any annual
installment shall have been prepaid in the manner provided in
Title 3, Chapter 8 of the Livonia Code of Ordinances, as
amended, either within the sixty (60) day period as provided by
Section 3 08 200, or after the expiration of the sixty (60) day
period as provided by Section 3 08 220 then there shall be
spread upon the tax roll for such year only the interest for all
unpaid installments, and
6 The City Council does hereby determine to pay a portion of the
costs in a total amount of$2,508 44 for City-owned parcels
There was no Audience Communication at the end of the meeting
Pastor wished his youngest sister, Michelle, a Happy Birthday and
indicated she would celebrate her birthday on Friday, June 24th Pastor also
indicated he missed his father this past weekend as this was his first Father's Day
without him
On a motion by Pastor, seconded by Brosnan, and unanimously
adopted, this 1,683`d Regular Meeting of the Council of the City of Livonia was
adjourned at 8 22 p m
4 IL
Terr . Marecki, City Clerk