Loading...
HomeMy WebLinkAboutCOUNCIL MINUTES 2010=12-15 37760 MINUTES OF THE ONE THOUSAND SIX HUNDRED SEVENTY FIRST REGULAR MEETING OF DECEMBER 15, 2010 On December 15, 2010, 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 an invocation Roll was called with the following result: John Pastor, Brian Meakin, Laura Toy, Maureen Miller Brosnan, Conrad Schwartz, and James McCann Absent: Joe Laura. Elected and appointed officials present: Todd Zilincik, City Engineer; Karen Tesner, Director of Legislative Affairs, Mark Taormina, City Planner; Don Knapp, City Attorney; Terry A. Marecki, City Clerk, and Mayor Jack Kirksey On a motion by Toy, seconded by Meakin, it was #426-10 RESOLVED, that the Minutes of the 1,670th Regular Meeting of the Council held December 1, 2010, are hereby approved as submitted A roll call vote was taken on the foregoing resolution with the following result: AYES Meakin, Toy, Brosnan, Schwartz, and McCann NAYS None PRESENT Pastor The President declared the resolution adopted Pastor thanked residents for their generous donations to the Toys for Tots program and announced donations are still being accepted for this very worthy program and indicated applications are still being taken, on a very limited basis, given the short time before the Christmas holiday Pastor stated donations can be dropped off at his office located at 34018 Beacon, at Julius' Barber Shop or the Fifth Third Bank located on Plymouth Road Pastor also wished a Happy Birthday to Councilmember Toy and indicated Toy will celebrate her birthday on the 22nd of December Regular Meeting Minutes of December 15, 2010 37761 Mayor Kirksey addressed Council to encourage everyone to drive through the Civic Center Campus complex to enjoy the especially stunning Christmas light display this year Mayor Kirksey also indicated he was at the Ford Transmission/UAW Annual Christmas Party this past Sunday and wanted to recognize the management at Ford and UAW Local 182 members for organizing such a worthy event which benefited Livonia only children this year who have special needs as well as other local businesses for doing wonderful things at this special time of year Mayor Kirksey also commented on the recent snow storm this past weekend and indicated due to extreme, severe temperatures, plowing of City streets resulted in an atypical situation and the City did not to declare a snow emergency Mayor Kirksey explained the main routes within subdivisions were initially plowed but this resulted in much icier road conditions and the City will continue to apply salt, especially during sunlight hours, to help eliminate the icy road conditions Mayor Kirksey concluded by stating he and President McCann were present at the Federal Court building in downtown Detroit earlier in the day to show the City's support for the McDonald family who continue to fight for the reinstatement of the Livonia Chrysler Jeep dealership previously located on Plymouth Road During Audience Communication, George Donabedian, 14236 Beatrice Street, addressed Council to relay some "feel good Livonia stories" Mr Donabedian began by expressing his relief that some sycamore trees within his neighborhood have recently been removed and stated he looks forward to more being removed in the future In addition, Mr Donabedian spoke highly of the newly developed Marycrest Heights Senior Community on Middlebelt Road and indicated his belief this development will be the City's "next crown jewel" Mr Donabedian also indicated his belief that the Livonia Senior Center was awesome and has made a positive impact on his life Mr Donabedian concluded by encouraging residents to visit the new restaurant located in the new clubhouse at Willows Golf Course located at the corner of Newburgh and Eight Mile Roads, Nicky's Grill, and stated it was probably Livonia's best kept secret. Christopher Martin, 11037 Hubbard, addressed Council to express his belief in separation of Church and State and to voice his concern for having been singled out by Pastor during the invocation at the beginning of the meeting A communication from the Department of Finance, dated November 22, 2010, re forwarding various financial statements of the City of Livonia for the month ending October 31, 2010, was received and placed on file for the information of the Council A communication received in the Office of the City Clerk on December 15, 2010, re request for additional funding relative to the 2010 Asphalt Paving and Water Main Replacement Program containing the resolution adopted by the Water Regular Meeting Minutes of December 15, 2010 37762 and Sewer Board at the meeting held December 6, 2010, was received and placed on file for the information of Council (CR 111-10) On a motion by Pastor, seconded by Meakin, it was #427-10 RESOLVED, that having considered a communication from the City Clerk, dated November 23, 2010, forwarding an application submitted by Margaret Brooks and Cathy Vickers, d/b/a MC Therapeutic Massage, for a massage establishment license for property located at 17870 Farmington Road, 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 #428-10 RESOLVED, that having considered the letter from the President of the Livonia Anniversary Committee, Inc , dated November 18, 2010, requesting approval of the following items 1 The issuance of a permit to Wade Shows to conduct carnival amusement rides at Ford Field and Veterans' Park, as part of this year's SPREE-61 Celebration, on June 21, 22 and 23, 2011, from 2 00 p m to midnight and on June 24, 25, and 26, 2011, from 12 00 noon to midnight, subject to the City of Livonia, Livonia Public Schools, the Livonia Hockey Association and the Livonia Anniversary Committee, Inc. being identified as additional insured on Wade Shows' general liability insurance policy, 2 Authorization of the Anniversary Committee to conduct a fireworks display at Veterans' Park to be held on Sunday, June 26, 2011, at approximately 10 15 pm , which display will be controlled by American Fireworks, Inc., subject to providing liability insurance for this event and subject to the City of Livonia, Livonia Public Schools, the Livonia Hockey Association and the Livonia Anniversary Committee, Inc., being designated as additional insured on their policy; 3 Authorization of the Livonia Anniversary Committee to use and/or lease the facilities at Ford Field, Eddie Edgar Arena (subject to the terms of the existing lease between the Livonia Hockey Association and the City of Livonia) and Veterans' Park during the period of the SPREE-61 Celebration in accordance with the fees/waivers grid for events co-sponsored by the City of Livonia, and Regular Meeting Minutes of December 15, 2010 37763 4 A waiver of all fees prescribed by ordinance or law with respect to Items 2 and 3 above, as well as a waiver of all vendors' license fees for community organizations and/or groups authorized to participate in SPREE-61 by the Anniversary Committee, the Council does hereby concur in and approve the foregoing requests, and the City Clerk and all other appropriate City officials and agencies are hereby requested to do all things necessary or incidental to the full performance of this resolution #429-10 RESOLVED, that having considered the letter from the President of the Livonia Anniversary Committee, Inc., dated November 18, 2010, wherein it is requested that the following City streets be closed to through traffic from 8 00 am on June 20, 2011, through 12 00 noon on June 27, 2011 (Monday to Monday) Stark Road from the Family Y, 14255 Stark, to Lyndon Lyndon from Farmington Road to Stark Road the Council does hereby concur in and grant this request in the manner and form herein submitted, FURTHER, the Council does hereby request that Farmington Road be closed from the 1-96 overpass to Five Mile Road on Sunday, June 26, 2011, between the hours of 6 30 p m and 11 30 p m or until the road is returned to normal traffic operation in connection with the annual SPREE fireworks display, and does hereby authorize the City of Livonia to assume liability for any damage claims which may arise as a result of the road closure, and that Sgt. David Studt is hereby designated and authorized to sign the road closure permit on behalf of the City of Livonia, the action taken herein being made subject to the approval of the Police Department, Fire Department and Wayne County; and to the extent possible, SPREE is requested, in conjunction with the Police Department, to do all things necessary to alleviate traffic problems for the residents of Stoneleigh Village Subdivision during the 2011 Anniversary Celebration, including signs on the barricades indicating "local business and residents only " #430-10 RESOLVED, that having considered the letter from the President of the Livonia Anniversary Committee, Inc., dated November 18, 2010, the Council does hereby approve of the request from the Livonia Anniversary Committee, Inc for permission to display banners advertising SPREE-61 on Farmington Road and Five Mile Road from May 23, 2011, through June 26, 2011, and to display 4' x 8' signs at City Hall and Ford Field from May 23, 2011, through June 26, 2011, at no additional cost to SPREE, FURTHER, the Council does hereby permit the Livonia Anniversary Committee, Inc to acknowledge supporters with banners and signage not to exceed 3' x 5' in size on Ford Field and the ball diamonds only from June 20, 2011, to June 27, Regular Meeting Minutes of December 15, 2010 37764 2011, and the City Clerk and all other appropriate City officials and agencies are hereby requested to do all things necessary or incidental to the full performance of this resolution #431-10 RESOLVED, that having considered a letter from Enrico E Soave, Esq , Kucyk Soave & Fernandes, PLLC, dated November 29, 2010, requesting a waiver of the sidewalk requirement in front of 29191 Grove, and having further considered the report and recommendation of the City Engineer, dated November 30, 2010, approved for submission by the Mayor, the Council does hereby approve this request inasmuch as omitting the sidewalk on the subject property would have no detrimental effect upon the neighboring properties at this time due to the lack of any other public sidewalks existing within the neighboring area, FURTHER, the Council does hereby reserve the right to require sidewalks at this location in the event that additional sidewalks are installed in this area at some future date #432-10 RESOLVED, that having considered a letter from Enrico E Soave, Esq , Kucyk Soave & Fernandes, PLLC, dated November 29, 2010, requesting a waiver of the sidewalk requirement in front of 15400 Loveland, and having further considered the report and recommendation of the City Engineer, dated November 30, 2010, approved for submission by the Mayor, the Council does hereby approve this request inasmuch as omitting the sidewalk on the subject property would have no detrimental effect upon the neighboring properties at this time due to the lack of other public sidewalks existing within the neighboring area, FURTHER, the Council does hereby reserve the right to require sidewalks at this location in the event that additional sidewalks are installed in this area at some future date A communication from the Office of the City Clerk, dated November 19, 2010, re forwarding a communication from the Associate Superintendent, Administrative & Financial Services of the Wayne County Regional Educational Service Agency (RESA), requesting that the City continue to collect 100% of their intermediate school property taxes in our summer tax collection, was received and placed on file for the information of the Council #433-10 RESOLVED, that having considered a communication from the Director of Community Resources, dated November 22, 2010, which bears the signatures of the Finance Director and the City Attorney and is approved for submission by the Mayor, and to which is attached a proposed agreement for the Specialized Services Operating Regular Meeting Minutes of December 15, 2010 37765 Assistance Program between SMART and the City of Livonia for the period October 1, 2010, through September 30, 2011, 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, provided that the agreement is approved as to form by the Department of Law #434-10 RESOLVED, that having considered the report and recommendation of the Superintendent of Public Service - Environment & Utilities and the Director of Public Works, dated November 15, 2010, 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 Wolverine Power Systems, 50160 Pontiac Trail, Wixom, Michigan 48393, for supplying the Public Service Division (Equipment Maintenance Section) with one (1) trailer-mounted generator for the price of $40,680 00, the same having been in fact the lowest bid received which meets all specifications, FURTHER, the Council does hereby authorize an expenditure in an amount not to exceed $40,680 00 from funds already budgeted in Account No 205- 527-987-000 (Refuse Fund) for this purpose, FURTHER, the bids of Fredrickson Supply, Inc and United Rentals (North American, Inc.) are hereby rejected for the reasons indicated in the aforesaid communication #435-10 RESOLVED, that having considered the report and recommendation of the City Engineer, dated November 29, 2010, which bears the signature of Director of Finance, is approved by the Director of Public Works and approved for submission by the Mayor, regarding additional appropriation and expenditures for additional inspection services and services provided by the contractor for water main and sanitary sewer repairs in connection with the 2010 Asphalt Paving and Water Main Replacement Program, previously authorized in Council Resolution 111-10, adopted on April 12, 2010, the Council does hereby appropriate and authorize the expenditure of the additional amount of $115,117 28 from the Unexpended Fund Balance of the Water and Sewer Fund (592) to be paid to Hayball Transport, Inc , 12550 Farmington Road, Livonia, Michigan 48150, FURTHER, the Council does hereby appropriate and authorize the expenditure of the additional amount of $12,200 00 from the Unexpended Fund Balance of the Water and Sewer Fund (592) to be paid to Orchard, Hiltz & McCliment, Inc , 34000 Plymouth Road, Livonia, Michigan 48150 in connection with this project. A roll call vote was taken on the foregoing resolutions with the following result: AYES Pastor, Meakin, Toy, Brosnan, Schwartz, and McCann NAYS None Regular Meeting Minutes of December 15, 2010 37766 A communication from the Public Service Division, dated December 9, 2010, re additional information requested concerning the proposal for Consulting Lip Services for Livonia Act 87 Landfill Monitoring and Reporting, was received and placed on file for the information of the Council On a motion by Toy, seconded by Meakin, and unanimously adopted, it was #436-10 RESOLVED, that having considered a communication from the Superintendent of Public Service - Operations, dated November 29, 2010, which bears the signature of the Director of Public Works and Director of Finance and is approved for submission by the Mayor, the Council does hereby accept the proposal, dated November 22, 2010, submitted by Golder Associates, Inc , 51229 Century Court, Wixom, MI 48393, to provide consulting services for Livonia Act 87 Landfill Monitoring and Reporting and for providing services in connection with the Remedial Action Plan implementation activities approved by the Michigan Department of Natural Resources and Environment (MDNR&E) Remediation and Redevelopment Division (RRD) for the former landfill area along Glendale Avenue, including groundwater testing, monthly monitoring, doing subcontracted specialty services, and environmental reports and supervision of other required work from MDNR&E in the amount of $32,586 50; FURTHER, the Council does hereby authorize the expenditure of an amount not to exceed $32,586 50 from funds already budgeted in Account No 205-527-818-041 (Landfill Remediation) for this purpose, 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 company and to do all other things necessary or incidental to the full performance of this resolution, FURTHER, the Council does hereby authorize the action herein without competitive bidding in accordance with Section 3 04 140 D 2 and 4 of the Livonia Code of Ordinances, as amended, and the Director of Public Works is hereby authorized to approve minor adjustments in the work as it becomes necessary On a motion by Brosnan, seconded by Schwartz, it was #437-10 RESOLVED, that having considered the report and recommendation of the Superintendent of Public Service — Environment & Utilities and the Director of Public Works, dated November 30, 2010, which bears the signature of the Director of Finance and is approved for submission by the Mayor, to which is attached a proposed Amendment No 1 to the Water Service Contract between the City of Detroit and the City of Livonia, to make minor Regular Meeting Minutes of December 15, 2010 37767 adjustments/corrections to the originally signed contract which will be in effect for the next three (3) years, until the next contract reopener, the Council does hereby concur in such recommendation and does hereby approve Amendment No 1 to this contract; FURTHER, the 4ft• Council does hereby authorize the Mayor and City Clerk, for and on behalf of the City of Livonia, to execute this Amendment, and to do all other things necessary or incidental to the full performance of this resolution A roll call vote was taken on the foregoing resolution with the following result: AYES Pastor, Meakin, Brosnan, Schwartz, and McCann NAYS Toy The President declared the resolution adopted On a motion by Toy, seconded by Pastor, and unanimously adopted, it was #438-10 RESOLVED, that having considered a request from 19055 Farmington Road, LLC, regarding the inclusion in the Wayne County TURBO Development Program, the Council does hereby take this means to indicate its support and approval of the request of 19055 Farmington Road, LLC to obtain certain benefits consisting of annual disbursements equal to fifty (50) percent of the real property taxes paid for five (5) consecutive years commencing in 2011 for their property located at 19055 Farmington Road, Livonia, Michigan, under the Wayne County TURBO (Transforming Underdeveloped Residential and Business Opportunities) Development Program, FURTHER, the Mayor of the City of Livonia has also approved the benefits requested herein On a motion by Pastor, seconded by Brosnan, and unanimously adopted, it was #439-10 WHEREAS, pursuant to due and proper notice published and mailed to all property owners in Special Assessment District No 425, more particularly described in Council Resolution 364-10, adopted on October 10, 2010, as required by the provisions of the City Charter and Title 3, Chapter 8 of the Livonia Code of Ordinances, as amended, the City Council has duly met and reviewed the special assessments levied in the special assessment roll prepared by the City Assessor to cover the district in which street lighting is to be installed, such roll having been prepared on the basis of street lighting being installed in Regular Meeting Minutes of December 15, 2010 37768 Rosati Industrial Subdivision in said Special Assessment District No 425, NOW, THEREFORE, BE IT RESOLVED, that the said Council does hereby determine to install street lighting consisting of six (6) LED lights, three (3) to be mounted on existing poles and three (3) to be mounted on stock code 06 poles with underground wiring and that the assessments set forth in said Special Assessment District No 425 Roll are fair and equitable and based upon benefits derived in said district, in accordance with the plans of the City Engineer and resolutions of the City Council, said Special Assessment Roll No 425 based on installation of six (6) LED lights, three (3) to be mounted on existing poles and three (3) to be mounted on stock code 06 poles with underground wiring is hereby approved and confirmed in all respects, 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 assessment roll shall then be immediately transmitted to the City Treasurer who shall take such further action as set forth in Title 3, Chapter 8 of the Livonia Code of Ordinances, as amended, and the City Clerk is hereby authorized to execute a Municipal Street Lighting Agreement for this purpose, and further, a sum not to exceed $18,845 00 is hereby authorized from the cash payments posted by or collected from the developer of the Rosati Industrial Subdivision in order to defray the Detroit Edison Contribution-In-Aid costs connected with this street lighting installation project. On a motion by Pastor, seconded by Meakin, it was #440-10 RESOLVED, that having considered a communication from the Department of Law, dated December 6, 2010, the Council does hereby, by a two-thirds roll call vote in accordance with Section 7(1) of the Open Meetings Act, direct that a closed Committee of the Whole meeting be held for the purposes of discussing litigation matters and attorney/client privileged communications in connection with pending litigation, Linda Lott and Robert Lott v City of Livonia, et. al A roll call vote was taken on the foregoing resolution with the following result: AYES Pastor, Meakin, Toy, Brosnan, Schwartz, and McCann NAYS None The President declared the resolution adopted On a motion by Pastor, seconded by Toy, and unanimously adopted, it was Regular Meeting Minutes of December 15, 2010 37769 #441-10 RESOLVED, that having considered a communication from the Director of Community Resources, dated December 7, 2010, 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 various gifts and cash donations, in the total amount of $6,015 00, from the sources indicated therein for use by the Department of Community Resources as indicated in the aforesaid communication; FURTHER, the Council does hereby appropriate and credit the amount of $930 00 to Account No 702----285-214 (Youth Commission Trust), $4,750 00 to Account No 702---285-219 (Emergency Service Programs) and $335 00 to Account No 702--- 285-139 (Community Project Programs) for the purposes as designated by the donors There was no Audience Communication at the end of the meeting Pastor extended Merry Christmas wishes to all and indicated he believed it was time to put the "Christ" back into Christmas during this season and encouraged everyone to be kind to one another during the holiday season and throughout the entire year and wanted to extend well wishes to all Brosnan wished her daughter, Marie, a Happy Birthday and indicated her daughter will turn 16 on December 22"d President McCann wished a Merry Christmas and Happy Hanukkah to everyone and stated he wished everyone a very happy holiday season, hoped all enjoyed some peaceful time to spend with their families, and a Happy New Year On a motion by Meakin, seconded by Schwartz, and unanimously adopted, this 1,671st Regular Meeting of the Council of the City of Livonia was adjourned at 8 25 p m Je a Ter' A Marecki, City Clerk