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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