HomeMy WebLinkAboutCOUNCIL MINUTES 2012-11-21 38486
MINUTES OF THE ONE THOUSAND SEVEN HUNDRED AND SEVENTEENTH
REGULAR MEETING OF NOVEMBER 21, 2012
On November 21, 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 Kritzman led the meeting an invocation
Roll was called with the following result: Brandon Kritzman, James
McCann, Joe Laura, John Pastor, Maureen Miller Brosnan, and Laura Toy Absent:
Thomas Robinson
Elected and appointed officials present: Judy Priebe, Technical
Specialist; Don Knapp, City Attorney; Terry A. Marecki, City Clerk; and Mayor Jack
Kirksey
On a motion by Pastor, seconded by Brosnan, and unanimously
adopted, it was
#453-12 RESOLVED, that the Minutes of the 1,716th Regular
Meeting of the Council held November 7, 2012, are hereby approved as
submitted
President Toy reported Councilmember Robinson is recovering very well
from his recent kidney transplant surgery and wished him well and indicated the
Council looked forward to his return
McCann presented a cake and led the Council to sing "Happy Birthday"
to Mayor Kirksey McCann stated frequently Mayor Kirksey is present at Council
meetings during special days for his family, anniversaries and birthdays, and wanted
to present the Mayor with Council's Happy Birthday wishes
Mayor Kirksey thanked McCann and all Councilmembers for the birthday
cake and wishes and stated he was thankful for a great family, community and friends
to share his birthday with Mayor Kirksey also thanked his wife, Patt, for all her love
and support throughout the years
Laura wished Mayor Kirksey a Happy Birthday and wished everyone a
Happy Thanksgiving holiday Laura stated it was a privilege to serve Mayor Kirksey
and the Livonia Community and was grateful to be a part of such a great City and
State in which to live
Regular Meeting Minutes of November 21, 2012 38487
There was no Audience Communication at the beginning of the meeting
A communication from the Department of Finance, dated October 19,
2012, re forwarding various financial statements of the City of Livonia for the month
ending September 30, 2012, was received and placed on file for the information of the
Council
On a motion by Pastor, seconded by McCann, it was
#454-12 RESOLVED, that having considered a communication from
the City Engineer, dated November 5, 2012, approved for submission by
the Mayor, to which is attached a letter from Rino Soave, Infinity
Construction Services, LLC, 37785 Pembroke Avenue, Livonia, Michigan
48152, dated October 19, 2012, requesting a waiver of the sidewalk
requirement in front of the new residence located at 18305 Melvin, 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 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
#455-12 RESOLVED, that having considered a communication from
the City Clerk, dated November 1, 2012, forwarding an application
submitted by Wendi Murray, 20693 Josie Court, Livonia, Michigan
48152, 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
#456-12 RESOLVED, that having considered the report and
recommendation of the Director of Inspection, dated October 29, 2012,
which bears the signature of the Director of Finance and is approved for
submission by the Mayor, the Council does hereby approve a two-year
extension of the Weed Cutting Contract 99-A, commencing January 1,
2013, and expiring on December 31, 2014, with Michigan Grounds
Management, 37010 Joy Road, Livonia, Michigan 48150, under the
same rates, terms and conditions as the 1999 contract; FURTHER, the
Council does hereby authorize an advance in the contract amount from
the Municipal Refuse Fund Account for the purpose of making payments
to the contractor as the work is completed, with the provision that the
Municipal Refuse Fund Account be reimbursed as bills for weed cutting
are collected, and the Director of Inspection is hereby authorized to
Regular Meeting Minutes of November 21, 2012 38488
approve minor adjustments in the work as it becomes necessary; and
the City Clerk is hereby authorized to do all 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 4 of the Livonia Code of
Ordinances, as amended
#457-12 RESOLVED, that having considered the report and
recommendation of the Chief of Police, dated November 5, 2012, which
bears the signature of the Director of Finance, is approved as to form by
the City Attorney and approved for submission by the Mayor, the Council
does hereby authorize the purchase of two (2) Dodge Charger Police
Patrol Vehicles, to replace two vehicles totaled in accidents, from
Snethkamp Dodge, 6131 S Pennsylvania Avenue, Lansing, Michigan
48911, in the total amount of $47,896 36, FURTHER, the Council does
hereby authorize the purchase of one (1) Ford Police Interceptor Sedan
to replace one vehicle totaled in an accident, from Signature Ford, 1960
E Main Street, Owosso, Michigan 48867, in the amount of $26,876 00,
with use of MMRMA settlement funds in the amount of $38,675 00 as
partial payment for the vehicles, FURTHER, the Council does hereby
authorize the expenditure of the balance of the purchase price for the
vehicles in the amount of $36,097 36 from funds budgeted in Account
No 401-000-985-000 for this purpose, FURTHER, the Council does
hereby determine to authorize said purchases without competitive
bidding inasmuch as the same is based upon the State of Michigan and
Macomb County Consortium bids and such action is taken in
accordance with the provisions set forth in section 3 04 140 D 4 of the
Livonia code of ordinances, as amended
#458-12 RESOLVED, that having considered the report and
recommendation of the Director of Finance, dated November 1, 2012,
approved for submission by the Mayor, with regard to proposals received
from insurance carriers in connection with the City's self-insurance
program for workers' compensation, the Council does hereby authorize
the Mayor and City Clerk to enter into a contract for the period
December 1, 2012, to November 30, 2013, with Citizens Management,
Inc (CMI), 645 West Grand River, Howell, Michigan 48843, to provide
the City with claims administrative services and excess insurance
coverage when losses from any one claim reaches $450,000 00
(General Employees) or $750,000 00 (Police and Fire), for a total
estimated premium cost of $124,078 00, with said estimated cost having
been in fact the lowest quotation received for this item, and the Director
of Finance is hereby requested to do all other things necessary or
incidental to the full performance of this resolution
#459-12 RESOLVED, that having considered the report and
recommendation of the Director of Finance dated November 1, 2012,
approved for submission by the Mayor, in connection with renewal
Regular Meeting Minutes of November 21, 2012 38489
options for the City's Liability and Property Insurance coverage, the
Council does hereby authorize the Mayor and City Clerk, for and on
behalf of the City of Livonia, to execute a contract with the Michigan
Municipal Risk Management Authority, 14001 Merriman Road, Livonia,
Michigan 48154, for the period December 1, 2012, to November 30,
2013, for the City's liability and property insurance coverage for a total
premium of $1,025,956 00 and for the period December 1, 2013, to
November 30, 2014, with a premium increase to be based upon
reinsurance increases incurred by MMRMA in 2014, not to exceed eight
percent, as detailed in the aforementioned report; and the Director of
Finance is hereby requested to do all other things necessary or
incidental to the full performance of this resolution
#460-12 RESOLVED, that having considered the report and
recommendation of the Superintendent of Public Works - Environment &
Utilities, dated October 31, 2012, which bears the signature of the
Director of Public Works and the Director of Finance and is approved for
submission by the Mayor, the Council does hereby accept the bid of
ADS, 1100 Owendale Drive, Suite K, Troy, Michigan 48083, for
completing all work in connection with the 5-Year Sanitary Sewer Flow
Monitoring and Rain Gauge Program at various locations throughout the
City for the period December 1, 2012, through November 30, 2017, at a
total cost not to exceed $248,470 00, with said estimated cost having
been in fact the lowest bid received for this item and meets all
specifications, FURTHER, the Council does hereby authorize the
expenditure of an amount not to exceed $248,470 00 from funds already
budgeted in Account No 592-559-818-000 for this purpose, and the
Director of Public Works is hereby authorized to approve any minor
changes in the work as it becomes necessary, 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 bidder and to do all other things
necessary or incidental to the full performance of this resolution
#461-12 RESOLVED, that having considered a communication from
the Director of Housing, dated October 25, 2012, and the report and
recommendation of the City Engineer, dated October 26, 2012,
approved for submission by the Mayor, requesting a waiver of the
sidewalk requirement in front of the new residence located at 33680
Orangelawn, 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 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
#462-12 RESOLVED, that having considered a communication from
the City Planning Commission, dated October 30, 2012, and approved
Regular Meeting Minutes of November 21, 2012 38490
for submission by the Mayor, which transmits its resolution #10-88-2012,
adopted on October 23, 2012, with regard to Petition 2012-09-02-22,
submitted by Marx Collision requesting waiver use approval to operate
an auto body and paint shop at 30731 Eight Mile Road, located on the
Southwest corner of Eight Mile Road and Milburn Avenue in the
Northwest 1/4 of Section 2, which property is zoned M-1, the Council does
hereby concur in the recommendation made by the City Planning
Commission and Petition 2012-09-02-22 is hereby approved and
granted, subject to the following conditions
1 That the Site Plan marked A101 prepared by Najjarchitecture,
dated September 1, 2012, is hereby approved and shall be
adhered to,
2 That this approval is subject to the petitioner being granted a
variance from the Zoning Board of Appeals for deficient parking
and any conditions related thereto,
3 That all parking spaces shall be double striped, including the
provision of barrier free parking with proper signage, marking and
configuration, and all regular customer spaces shall be 10 feet by
20 feet in size as required,
4 That the site's landscaping shall be restored to the satisfaction of
the Planning Director and thereafter permanently maintained in a
healthy condition,
5 That there shall be no overnight outdoor parking or storage of
vehicles on the site,
6 That there shall be no outdoor storage of auto parts, equipment,
scrap material, waste petroleum products, junked vehicles,
unlicensed or inoperable vehicles, or other similar items in
connection with this operation, and the overhead door(s), when
not in use for vehicles entering or exiting the service facility, shall
be closed at all times,
7 That the display of any vehicles for sale is strictly prohibited,
8 That any facilities for the outdoor storage of refuse shall be
screened by means of an enclosure constructed of masonry walls
with solid panel steel construction or durable, long-lasting solid
panel fiberglass enclosure gates which shall be properly
maintained and, when not in use, closed at all times,
Ism 9 That all light fixtures shall not exceed twenty (20') feet in height
and shall be aimed and shielded so as to minimize stray light
Regular Meeting Minutes of November 21, 2012 38491
trespassing across property lines and glaring into adjacent
roadways,
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 no LED Iightband or exposed neon shall be permitted on the
site including, but not limited to, the building or around the
windows,
12 That no overhead speakers will be used inside or outside the
building,
13 That the hours of operation shall be from 8 00 a m to 7 00 p m
Monday through Saturday;
14 That the issues as outlined in the correspondence from the
Assistant Director of Inspection, dated October 23, 2012, shall be
resolved to the satisfaction of the Planning Director; and
15 That the plans referenced in this approving resolution shall be
submitted to the Inspection Department at the time the building
permits are applied for
#463-12 RESOLVED, that having considered a communication from
the City Planning Commission, dated October 24, 2012, and approved
for submission by the Mayor, which transmits its resolution #10-89-2012,
adopted on October 23, 2012, with regard to Petition 2012-09-02-23,
submitted by Tail Wagger's 1990 requesting waiver use approval to
operate a wellness-spay/neuter center at 28418 Five Mile Road, within
the Harrison Square Plaza shopping center located on the north side of
Five Mile Road between Harrison Avenue and Middlebelt Road in the
Southwest 1/4 of Section 13, which property is zoned C-1, the Council
does hereby concur in the recommendation made by the City Planning
Commission and Petition 2012-09-02-23 is hereby approved and
granted, subject to the following conditions
1 That the Plan received by the Planning Commission on
September 21, 2012, is hereby approved and shall be adhered to,
2 That the operation of the subject use shall not permit the boarding
of household pets,
3 That all animal remains, medical and animal waste shall be stored
in a freezer or other such closed container inside the building and
disposed of properly;
Regular Meeting Minutes of November 21, 2012 38492
4 That adequate soundproofing shall be installed to the extent
necessary to ensure the elimination of all noise from the area
used for the treatment and temporary keeping of such sick and
diseased household pets,
5 That open or outdoor runways, kennels, or pens are prohibited,
6 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, and
7 That the specific plan referenced in this approving resolution shall
be submitted to the Inspection Department at the time the building
permits are applied for
#464-12 RESOLVED, that having considered a communication from
the Chief of Police, dated October 26, 2012, which bears the signature of
the Director of Finance, is approved as to form by the City Attorney and
is approved for submission by the Mayor, the Council does hereby
accept the bid of Civitas IT, 2525 E Paris Avenue, SE, Suite 100, Grand
Rapids, Michigan 49546, for supplying the Police Department with fifty-
three (53) replacement desktop computers for a total amount of
$46,746 00, the same having been in fact the lowest bid received and
meets all specifications, FURTHER, the Council does hereby authorize
an expenditure in the amount of $46,746 00 as follows $35,280 00 from
funds already budgeted in Account Number 101-306-971-000 for this
purpose and $11,466 00 from funds already budgeted in Account
Number 401-000-971-000 for this purpose
#465-12 RESOLVED, that having considered a communication from
the Chief of Police, dated October 26, 2012, which bears the signature of
the Director of Finance, is approved as to form by the City Attorney and
is approved for submission by the Mayor, the Council does hereby
accept the bid of IT Solutions Group, 41039 S McMahon, Novi,
Michigan 48375 for supplying the Police Department with a virtual server
which will replace four current servers, for a total amount of $46,517.26,
the same having been in fact the lowest bid received and meets all
specifications, FURTHER, the Council does hereby authorize an
expenditure in the amount of $46,517 26 from funds already budgeted in
Account No 101-306-987-000 for this purpose
A roll call vote was taken on the foregoing resolutions with the following result:
AYES Kritzman, McCann, Laura, Pastor, Brosnan, and Toy
NAYS None
Regular Meeting Minutes of November 21, 2012 38493
An e-mail communication from S Trudell, dated November 18, 2012, re
stating objections to money being set aside for "Livonia Tomorrow" from the City's
Budget, was received and placed on file for the information of the Council (CR 35-12)
Laura provided a verbal update on the subject of "Livonia Tomorrow"
and indicated the subject matter would remain in the Economic Development,
Community Outreach and Strategic Planning Committee at this time (CR 35-12)
McCann gave first reading to the following Ordinance
AN ORDINANCE ADDING SECTION 105 TO 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
McCann gave first reading to the following Ordinance
AN ORDINANCE AMENDMENT ADDING SECTION 155 OF TITLE 15,
CHAPTER 36 (PROPERTY MAINTENANCE 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
Kritzman gave first reading to the following Ordinance
PROPOSED AMENDMENTS TO SECTIONS 030 THROUGH 110 OF
TITLE 5, CHAPTER 30 (ENTERTAINMENTS AND AMUSEMENTS) OF
THE CITY OF LIVONIA CODE OF ORDINANCES
The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in the
5,
Office of the City Clerk and is the same as if word for word repeated herein The
Regular Meeting Minutes of November 21, 2012 38494
above Ordinance was placed on the table for consideration at an upcoming Regular
meeting
A communication from the Housing Commission, dated November 16,
2012, re additional information requested by Council at the Study meeting of
November 14, 2012, concerning the sale of three City-owned properties, was received
and placed on file for the information of the Council
On a motion by Pastor, seconded by Brosnan, it was
#466-12 RESOLVED, that having considered a communication from
the Director of Housing, dated October 22, 2012, which bears the
signature of the Director of Finance and approved for submission by the
Mayor, submitted pursuant to Council Resolutions 139-10, 281-12 and
246-11, the Council does hereby approve the sale to Soave
Construction, Inc , of the following City-owned property, further
described as
20215 Floral Lots 435 and 436, Argonne Subdivision, Town 1
South, Range 9 East, Liber 40, Page 5, Wayne County Records
(Sidwell Nos 46-001-04-0434-000 and 46-001-04-0435-000) for a
total purchase price of$15,000 00,
16425 Rougeway. Lot 118, Park Woods Subdivision, Town 1
South, Range 9 East, Liber 67, Page 13, Wayne County Records
(Sidwell No 46-049-01-0118-000) for a total purchase price of
$16,000 00;
27621 Pembroke Lots 190, 191 and 192, also the north '/2 of the
adjacent vacated alley, Botsford Park Subdivision, Town 1 South,
Range 9 East, Liber 53, Page 77, Wayne County Records,
(Sidwell No 46-004-01-0190-000) for a total purchase price of
$10,000 00;
the actions herein being taken in order to best serve the interests of the
community and in accordance with Section 3 05 090.A of the Livonia
Code of Ordinances, as amended, FURTHER, the proceeds of such sale
shall be allocated to the CDBG and NSP programs as program income,
and the Mayor and City Clerk are hereby requested to execute Quit
Claim Deeds and such other documents as may be necessary or
incidental to fulfill the purpose of this resolution, and the Department of
Law is hereby requested to prepare and place in proper form such legal
documents as may be necessary to consummate this transaction, and
the City Clerk is hereby requested to have said Quit Claim Deeds
Regular Meeting Minutes of November 21, 2012 38495
recorded in the Office of the Register of Deeds and to do all other things
necessary or incidental to fulfill the purpose of this resolution
A roll call vote was taken on the foregoing resolution with the following result:
AYES Kritzman, McCann, Pastor, Brosnan, and Toy
NAYS Laura
The President declared the resolution adopted
On a motion by Brosnan, seconded by McCann, and unanimously
adopted, it was
#467-12 RESOLVED, that having considered a communication from
the Hearing Officer, dated October 3, 2012, submitted by the Director of
Inspection and approved for submission by the Mayor, with regard to a
request to demolish a house located at 15104 Lyons, Livonia, Michigan,
the legal description of which is as follows
Lot 86 and the South 80 feet of Lot 87 of Dutch Mill Gardens
Subdivision, according to the Plat thereof as recorded in Liber 68
of Plats, Page(s) 70, Wayne County Records (Commonly known
as 15104 Lyons, Livonia Michigan, Tax ID No 46-093-02-0086-
000)
and the Council having conducted a public hearing with regard to this
matter on November 14, 2012, and based upon the testimony and
evidence presented, and having reviewed the file and the order for
demolition of the Hearing Officer, the Council does hereby determine, in
accordance with the provisions set forth in Section 15 52 010 of the
Livonia Code of Ordinances, as amended, to concur in and approve the
Order of Demolition of the Hearing Officer; FURTHER, all parties in
interest, namely Ronald J White, do 29162 Franklin Circle, Flat Rock,
MI 48134, Quicken Loans at 20555 Victor Parkway, Livonia, MI 48152,
also at Compuware Building, 1050 Woodward Avenue, Detroit, MI,
48226, be ordered to demolish the single family residential located at
15104 Lyons and remove all blight and debris from the site, FURTHER,
a permit for demolition shall be applied for within five (5) days and
include the removal of all blight and debris from the site Demolition
work shall comply with the standard specification for demolition within
the City of Livonia, FURTHER, in the event a permit for demolition is
issued, the work pursuant to the permit shall commence within seven (7)
days and be finalized within thirty (30) days
Regular Meeting Minutes of November 21, 2012 38496
On a motion by Pastor, seconded by Brosnan, and unanimously
adopted, it was
#468-12 RESOLVED, that having considered a communication from
the Department of Law, dated October 30, 2012, approved for
submission by the Mayor, transmitting for Council acceptance a Grant of
Easement executed by Leo Soave Building, Inc., in connection with the
development of a new sanitary sewer at Churchill Place Condominiums
for the property located in the Southwest 1/4 of Section 32, more
particularly described as.
20' Wide Public Easement for Sanitary Sewer
Part of Lot 748 "Supervisor's Livonia Plat No 12" of part of Section 32,
Town 1 South, Range 9 East, City of Livonia, Wayne County, Michigan
as recorded in Liber 66 of Plats, Page 65, Wayne County Records The
centerline of a 20 feet wide easement being more particularly described
as beginning at a point on the North line of Joy/Newburgh
Condominiums, Wayne County Condominium Subdivision Plan No 521,
Wayne County Records, Liber 43171, Pages 1-109, distant North 00
degrees 00 minutes 00 seconds East 60 04 feet, and South 87 degrees
50 minutes 06 seconds East 310 04 feet, and North 00 degrees 00
minutes 00 seconds East 323 22 feet and South 87 degrees 50 minutes
06 seconds East 104 93 feet, from the Southwest corner of said Section
32, and proceeding thence South 02 degrees 11 minutes 33 seconds
West 12 91 feet; thence South 89 degrees 06 minutes 35 seconds East
119 62 feet; thence South 01 degree 11 minutes 30 seconds West 66 39
feet; thence South 14 degrees 31 minutes 28 seconds West 121 42 feet;
thence South 89 degrees 06 minutes 22 seconds East 76 73 feet;
thence North 89 degrees 06 minutes 22 seconds West 76 73 feet;
thence North 86 degrees 16 minutes 54 seconds West 113 43 feet to the
point of ending
the Council does hereby, for and in behalf of the City of Livonia, accept
the aforesaid Grant of Easement and the City Clerk is hereby requested
to have the same recorded in the Office of the Register of Deeds and to
do all other things necessary or incidental to fulfill the purpose of this
resolution
There was no Audience Communication at the end of the meeting
President Toy asked Councilmembers to share what they were thankful
for this Thanksgiving holiday
Brosnan indicated she was most grateful for her health and was thankful
to be present to serve on Council.
Regular Meeting Minutes of November 21, 2012 38497
Vice President Pastor indicated he was thankful for his family, friends,
and relatives and stated his son was getting married on Saturday, December 1st
L Pastor also announced he will be hosting his annual Coat, Hat and Glove Drive this
year in conjunction with Senator Walsh and former Councilmember Brian Meakin and
will have further details to announce at the December Council meetings
McCann indicated he was thankful for his beautiful, lovely wife, Linda,
who he has been married to for 25 years as well as their four children and one
grandson, his parents and siblings, and thankful all have their health McCann also
indicated he was thankful to live in such a great community and country
Kritzman indicated he was thankful for his wife's healthy pregnancy and
their family together and indicated his wife should have their youngest daughter
sometime before the end of next week.
President Toy indicated she was thankful to serve with her fellow
Councilmembers, thankful for her family members, good friends, and the Michigan
legislature for everything that is set to be done President Toy stated she is also
thankful for the City employees who help raise money for varied charitable
organizations, with the assistance of the Administration and the Mayor, by
participating in weekly Jean Day events throughout the year President Toy asked
God to bless everyone and wished everyone a Happy Thanksgiving
On a motion by Pastor, seconded by McCann, and unanimously
Ladopted, this 1,717th Regular Meeting of the Council of the City of Livonia was
adjourned at 8 18 p m
Terry A 1
.( recki, City Clerk
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