HomeMy WebLinkAboutCOUNCIL MINUTES 2011-12-14 38109
MINUTES OF THE ONE THOUSAND SIX HUNDRED NINETY FIFTH
REGULAR MEETING OF DECEMBER 14, 2011
On December 14, 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 Meakin led the meeting with an
invocation
Roll was called with the following result: Brian Meakin, Joe Laura, Laura
Toy, Maureen Miller Brosnan, Conrad Schwartz, John Pastor, 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; Dennis Wright, City Treasurer; Brandon Kritzman,
Councilmember Elect; Thomas Robinson, Councilmember Elect; and Mayor Jack
Kirksey
On a motion by Schwartz, seconded by Pastor, and unanimously
adopted, it was
#402-11 RESOLVED, that the Minutes of the 1,694th Regular
Meeting of the Council held November 30, 2011, are hereby approved
as submitted
President McCann presented plaques and commendations to outgoing
Councilmembers Conrad Schwartz and Brian Meakin and highlighted their individual
positions held and service to the Livonia community over the years On behalf of the
Council and the Administration, President McCann thanked Schwartz and Meakin for
their dedicated service to the Livonia community and wished them well in all their
future endeavors
Meakin offered a sincere thank you to his colleagues and Mayor Kirksey,
as well as past Councilmembers, for their support and assistance over the years
Meakin especially thanked his wife, Colleen, for her dedicated support and for being
such a good, loving and supportive wife Meakin highlighted some of his
accomplishments over the years while serving on the Livonia City Council including
Regular Meeting Minutes of December 14, 2011 38110
the Villages of Wonderland, College Park, and the Livonia Marketplace Meakin noted
he was proud to be a part of other notable special projects including the SMART
millage, the Neighborhood Stabilization Project, and the recent Public Safety millage
Meakin stated he was also proud to be a part of the new 16th District Court building
and the project being completed under budget and on time Meakin stated he would
continue to serve the community in his role as President of the Livonia Community
Foundation and looked forward to continuing to serve as an active leader in the
community Meakin concluded by thanking Livonia residents for the faith they placed
in him and support over the last eight years serving the community
Pastor extended a Happy Birthday wish to his nephew, Adam Sales,
who he stated would celebrate his 13th birthday on December 23`d Pastor also
wished a Happy 18th Birthday to his niece, Taylor Pastor, who he stated would
celebrate her birthday on December 15th Pastor encouraged residents to make
donations to the Coat, Hat and Canned Food Drive he was working on in collaboration
with Councilmember Meakin and State Representative John Walsh at the Knights of
Columbus Hall on Farmington Road on December 19th from 5 30 p m to 7 30 p m
Pastor also reminded residents to make donations to the annual Toys for Tots and
provided his office phone number of (734) 522-3800 should residents have any
questions or concerns Pastor concluded by thanking outgoing Councilmembers
Meakin and Schwartz and indicated their dedicated service to the City was greatly
appreciated
Brosnan wished her daughter, Marie, a Happy 17th Birthday and
indicated her daughter would celebrate her birthday on December 22nd Brosnan also
extended a sincere thank you to Councilmembers Meakin and Schwartz for their
dedicated service and time served in various capacities and stated it was a pleasure
working with them on Council
Toy extended a sincere thank you to Councilmembers Meakin and
Schwartz for their unselfish time and dedication to the Livonia community Toy stated
they each possess great leadership skills and enjoyed their friendship and knowledge
they brought to the table in serving on Council and wished them well in the future
Vice President Laura congratulated and thanked outgoing
Councilmembers Meakin and Schwartz for their dedicated service to the City and
stated their contributions and sincere efforts while on Council would be missed Vice
President Laura stated he welcomed the opportunity to work together with incoming
Councilmembers Brandon Kritzman and Thomas Robinson in the future
Vice President Laura presented a gavel to outgoing Council President
McCann on behalf of the Council and the Mayor Vice President Laura stated
Councilmembers appreciated the great leadership skills of President McCann and
indicated he led the Council with grace and dignity over the past years which he stated
was not always an easy task to accomplish Vice President Laura thanked President
McCann for doing an outstanding job and offered congratulations to him on behalf of
the entire Council
Regular Meeting Minutes of December 14, 2011 38111
President McCann thanked the Council for the gavel presented to him
and for their support during his term as Council President and stated it was an honor
serving with them President McCann stated all of the Councilmembers love the
Livonia community and take a great deal of responsibility in trying to represent all of
its' residents President McCann also thanked Mayor Kirksey for all his help and
support over the years and indicated it was an honor to serve the community
Mayor Kirksey expressed his gratitude to outgoing Councilmembers
Meakin and Schwartz for their dedicated service to the community during their time on
Council and indicated the Council itself accomplished great things collectively during
difficult times Mayor Kirksey also thanked President McCann for being a conduit
between the Council office and his office and stated it is a great responsibility for the
Council President. Mayor Kirksey also wished a Happy Anniversary to President
McCann and his wife, Linda Mayor Kirksey indicated they celebrated their 25th
wedding anniversary the past week
Mayor Kirksey also announced the Friends of Greenmead Annual
Christmas Walk was hosted on Saturday, December 3rd to raise funds for the
Greenmead Historical Park. Mayor Kirksey also indicated during the summer months
the Friends of Greenmead host a Garden Walk which also helps raise funds to
support Greenmead Mayor Kirksey concluded by stating our country will welcome
home 50,000 plus veterans, who will return to the United States in January Mayor
Kirksey stated the Livonia community will plan a way to recognize and honor the
returning veterans during the month of January and help put them in contact with local
companies that may be hiring to ensure the veterans become gainfully employed upon
their return
During Audience Communication, Marguerite Gwizdala, 9870 Seltzer,
addressed Council on behalf of Clara Zerbo Adams to express concern for the
installation and radiation emission of Smart Meters in the Livonia community Ms
Gwizdala presented the Council with a letter from Ms Adams and urged Council to
adopt a resolution that would prohibit Smart Meters from being utilized which she
stated has already been done in other communities such as Brighton, Rochester, and
Rochester Hills
A communication from the Director of Finance, dated November 21,
2011, re forwarding various financial statements of the City of Livonia for the month
ending October 31, 2011, was received and placed on file for the information of the
Council
On a motion by Schwartz, seconded by Meakin, it was
i>.
#403-11 RESOLVED, that having considered a letter from the
City Clerk, dated November 23, 2011, in accordance with the
arm provisions of Section 30a of 1963 PA 65 (MCLA 168 30a), as
Regular Meeting Minutes of December 14, 2011 38112
amended, the Council does hereby reappoint Margaret Gray, 9840
Berwick, Livonia, Michigan 48150, as a Republican member of the
Board of Canvassers of the City of Livonia for a term expiring
December 31, 2015, FURTHER, in the event of illness or absence of
this member, the City Clerk is hereby authorized to appoint a
temporary member to serve on the Board of Canvassers in
accordance with the provisions of Section 30g of 1963 PA 65 (MCLA
168 30g), as amended
#404-11 RESOLVED, that having considered a letter from the
City Clerk, dated November 23, 2011, in accordance with the
provisions of Section 30a of 1963 PA 65 (MCLA 168 30a), as
amended, the Council does hereby reappoint David Sudek, 15906
Brentwood, Livonia, Michigan 48154, as a Democratic member of the
Board of Canvassers of the City of Livonia for a term expiring
December 31, 2015, FURTHER, in the event of illness or absence of
this member, the City Clerk is hereby authorized to appoint a
temporary member to serve on the Board of Canvassers in
accordance with the provisions of Section 30g of 1963 PA 65 (MCLA
168 30g), as amended
A communication from the Office of the City Clerk, dated November
23, 2011, re notification to include Schoolcraft Community College tax levy in 2011
Summer tax levy as forwarded by Glenn Cerny, Vice President and Chief Financial
Officer of Schoolcraft Community College, was received and placed on file for the
information of the Council
A communication from the Office of the City Clerk, dated November
23, 2011, re notification to include Oakland Schools Special Education, Vocational
Education and General Education millage rate in 2011 Summer tax levy as
forwarded by John Fitzgerald, Director of Financial Services for Oakland Schools
District, was received and placed on file for the information of the Council
A communication from the Office of the City Clerk, dated November
23, 2011, re notification to include State Education Tax rate in 2011 Summer tax
levy as forwarded by Andy Dillon, State Treasurer, was received and placed on file
for the information of the Council
Regular Meeting Minutes of December 14, 2011 38113
A communication from the Office of the City Clerk, dated November
23, 2011, re notification to include Wayne County Zoological Authority millage rate
in 2011 Winter tax levy as forwarded by Jessica Pellegrino of the Wayne County
Zoological Authority, was received and placed on file for the information of the
Council
A communication from the Office of the City Clerk, dated November
23, 2011, re breakdown of Wayne County Summer tax rates for 2011 to be
included in 2011 Summer tax levy as forwarded by Michael Racklyeft, Deputy
Director, Assessment and Equalization Division of Wayne County, was received
and placed on file for the information of the Council
A communication from the Office of the City Clerk, dated November
23, 2011, re notification to include Metropark Development and Operations Millage
in 2011 Winter tax levy as forwarded by David L Wahl, Controller of Huron-Clinton
Metropolitan Authority, was received and placed on file for the information of the
Council
#405-11 RESOLVED, that having considered a communication from
the Director of Human Resources, dated December 1, 2011, which
bears the signature of the Director of Finance and is approved for
submission by the Mayor, and which transmits resolution #11-120
adopted by the Civil Service Commission on November 30, 2011,
wherein it is recommended that the proposed agreement between the
City of Livonia and the AFSCME Union Local 1917, as summarized in
the attachment to the aforesaid communication, be approved for the
period December 1, 2010, through November 30, 2013, the Council
does hereby approve of and concur in the aforesaid action of the Civil
Service Commission, and the Mayor and City Clerk are hereby
requested to affix their signatures to the said contract, 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
#406-11 RESOLVED, that having considered a communication from
the Acting Chief of Police, dated November 10, 2011, which bears the
signature of the Director of Finance, and is approved for submission by
Regular Meeting Minutes of December 14, 2011 38114
the Mayor, to which is attached a proposed Intergovernmental
Agreement between the City of Livonia and the County of Wayne, the
Council hereby authorizes participation in the Justice Assistance Grant
(JAG) Program and does, for and on behalf of the City of Livonia, accept
the 2011 Justice Assistance Grant in the amount of $12,228 00, to be
used to purchase law enforcement equipment, the same to be deposited
in Account No 223-784-558-08, and appropriated for its intended
purposes, and the Mayor and City Clerk are hereby authorized, for and
on behalf of the City of Livonia, to execute an Intergovernmental
Agreement.
#407-11 RESOLVED, that having considered the report and
recommendation of the Superintendent of Public Service - Environment
& Utilities and the Director of Public Works, dated November 22, 2011,
which bears the signature of the Director of Finance and is approved for
submission by the Mayor, the Council does hereby accept the unit price
bid of Duke's Root Control, Inc , 1021 Hiawatha Blvd West, Syracuse,
New York 13204, for completing all work required in connection with the
City's sewer line chemical root control services in an amount not to
exceed $30,000 00 based upon the Public Service Division's estimate of
units involved, and subject to a final payment based upon the actual
units completed in accordance with the unit price accepted herein, said
estimated cost and unit prices having been in fact the only bid received
for this item and meets all specifications, FURTHER, the Council does
hereby authorize an expenditure in an amount not to exceed $30,000 00
from funds already budgeted in Account No 592-559-818-000 (Water
and Sewer Fund) 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 bidder and to do all other things necessary or
incidental to the full performance of this resolution
#408-11 RESOLVED, that having considered a communication from
the Superintendent of Public Service - Environment & Utilities and the
Director of Public Works, dated November 22, 2011, which bears the
signature of the Director of Finance and is approved for submission by
the Mayor, regarding the proposed award of a contact for completing all
work required in connection with the maintenance and repairs of the
sanitary sewer system, the Council does hereby direct and authorize the
Director of Public Works together with the Director of Finance to do all
things necessary to prepare specifications and obtain bids for the
maintenance and repairs of the sanitary sewer system, in accordance
with the provisions set forth in the Financial Ordinance, the same to
thereafter be submitted to Council for its consideration
#409-11 RESOLVED, that having considered the report and
recommendation of the City Engineer, dated November 23, 2011, which
bears the signature of the Director of Finance and is approved by the
Director of Public Works, is approved as to form by the City Attorney,
Regular Meeting Minutes of December 14, 2011 38115
• and approved for submission by the Mayor, wherein approval is
requested to amend the existing contract (previously authorized in
Council Resolution No 110-11) for design engineering services for the
Newburgh Road Reconstruction Project from Five Mile Road to Six Mile
Road and also from Six Mile Road to Laurel Park Drive North, the
Council does hereby determine as follows
• To authorize the Mayor and the City Clerk to execute an
amendment to the engineering contract with Orchard, Hiltz &
McCliment, Inc , 34000 Plymouth Road, Livonia, Michigan 48150,
in an amount not to exceed $8,000 00 for design engineering
services for the Pedestrian Signals and ADA Ramp Upgrade
Project for Newburgh Road at Churchill High School,
• To authorize an additional expenditure in the amount of $8,000 00
from funds budgeted in Account No 202-463-818-125 for this
purpose, and
• To authorize the City Engineer to approve minor adjustments in
the work, as required
#410-11 RESOLVED, that having considered the report and
recommendation of the City Engineer, dated November 23, 2011, which
bears the signature of the Director of Finance and the City Attorney, is
approved by the Director of Public Works and 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 a Contract Amendment between
the City of Livonia and Orchard, Hiltz & McCliment, Inc , 34000 Plymouth
Road, Livonia, Michigan 48150, to provide construction engineering
services for the Churchill High School Pedestrian Traffic Signal
Replacement Project in an amount not to exceed $7,602 86, FURTHER,
the Council does hereby authorize an expenditure in an amount not to
exceed $7,602 86 from funds already budgeted in Account No 202-463-
818-125 for this purpose, and the City Engineer is hereby authorized to
approve minor adjustments in the work, as it becomes necessary
#411-11 RESOLVED, that having considered the report and
recommendation of the City Engineer, dated November 23, 2011, which
bears the signature of the Director of Finance and the City Attorney, is
approved by the Director of Public Works and approved for submission
by the Mayor, to which is attached a proposed Third Party Agreement
between the City of Livonia and Orchard, Hiltz & McCliment, Inc , as well
as a 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 a Third Party
Agreement between the City of Livonia and Orchard, Hiltz & McCliment,
Regular Meeting Minutes of December 14, 2011 38116
Inc , 34000 Plymouth Road, Livonia, Michigan 48150, to provide
construction engineering services for the Newburgh Road Improvement
Project from Five Mile Road to Laurel Park Drive North, in an amount not
to exceed $531,876 88, FURTHER, the Council does hereby authorize
an expenditure in an amount not to exceed $531,876 88 from funds
budgeted in Account No 202-463-818-125 (Major Street Fund — City
participation in County and MDOT projects) for this purpose, and the City
Engineer is hereby authorized to approve minor adjustments in the work,
as it becomes necessary, FURTHER, the Council does hereby authorize
the Mayor and City Clerk, for and on behalf of the City of Livonia, to
execute a Contract Amendment with Orchard, Hiltz & McCliment, Inc ,
34000 Plymouth Road, Livonia, Michigan 48150, pertaining to materials
testing
#412-11 RESOLVED, that having considered a communication from
the City Planning Commission, dated November 21, 2011, which
transmits its resolution 11-70-2011 , adopted on November 15, 2011,
with regard to Petition 2011-10-08-12, submitted by Masri Orthodontics,
requesting site plan approval in connection with a proposal to demolish
an existing building and construct a new medical office building, located
on the east side of Levan Road between Lyndon Avenue and Five Mile
Road (15230 Levan Road) in the Northeast 1/4 of Section 20, 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 2011-10-08-12 is hereby approved
and granted, subject to the following conditions
1 That the Site Plan marked Sheet SP 1 dated October 26, 2011,
as revised, prepared by GAV Associates is hereby approved and
shall be adhered to,
2 That the Landscape Plan marked Sheet L.1 dated November 7,
2011, as revised, prepared by GAV Associates is hereby
approved and shall be adhered to,
3 That the Exterior Building Elevation Plan marked Sheet A.201
dated October 26, 2011, as revised, prepared by GAV Associates
is hereby approved and shall be adhered to,
4 That all rooftop mechanical equipment shall be concealed from
public view on all sides by screening that shall be of compatible
character, material and color to other exterior materials on the
building,
5 That the brick used in the construction shall be full face four (4")
inch brick,
Regular Meeting Minutes of December 14, 2011 38117
6 That the three walls of the trash dumpster area 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 is use closed at all times,
7 That this site shall meet either the City of Livonia or the Wayne
County Storm Water Management Ordinance, whichever applies,
and shall secure any required 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 Natural
Resources and Environment (DNRE),
8 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,
9 That no LED lightboard or exposed neon shall be permitted on the
site including, but not limited to, the building or around the
windows,
10 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,
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 the City Council,
and unless a building permit is obtained and construction is
commenced, this approval shall be null and void at the expiration
of said period
A roll call vote was taken on the foregoing resolutions with the following result:
AYES Meakin, Laura, Toy, Brosnan, Schwartz, Pastor, and
McCann
NAYS None
Brosnan gave first reading to the following Ordinance
Regular Meeting Minutes of December 14, 2011 38118
AN ORDINANCE AMENDING SECTION 23 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 2011-07-01-03)
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 CHAPTER 32 (PROPERTY
MAINTENANCE CODE) OF TITLE 15 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
A communication from the Department of Law, dated October 31, 2011,
re proposed Ordinance Amendment submitted by the City Planning Commission to
waive the minimum three (3) story building height requirement in PO, High Rise
Professional Office Districts, was received and placed on file for the information of the
Council (Petition 2011-10-06-01)
Pastor gave first reading to the following Ordinance
AN ORDINANCE AMENDING SECTION 26 04(a) OF ARTICLE XXVI
OF ORDINANCE NO 543, AS AMENDED, KNOWN AND CITED AS
"THE CITY OF LIVONIA ZONING ORDINANCE " (Petition 2011-10-06-
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
Regular Meeting Minutes of December 14, 2011 38119
herein The above Ordinance was placed on the table for consideration at an
upcoming Regular meeting
Toy took from the table, for second reading and adoption, 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
A roll call vote was taken on the foregoing Ordinance with the following result:
AYES Meakin, Laura, Toy, Brosnan, Schwartz, Pastor, and
McCann
NAYS None
The President declared the foregoing Ordinance duly adopted, and would become
effective on publication
There was no Audience Communication at the end of the meeting
Toy announced Tail Waggers, a Livonia based non-profit organization
designed to help people help animals, would be hosting a food drive on December
17th and December 18th at the corner of Five Mile and Harrison from 9 30 a m to 5 00
p m Toy stated Tail Waggers will collect pet food donations to help families in need
during the holiday season and encouraged residents to make a donation to this very
worthy cause
Pastor wished everyone a Happy Holiday season and restated his
birthday wishes to his nephew and niece, Adam and Taylor Pastor also reminded all
residents about the Toys for Tots collection as well as the Coat, Hat and Canned Food
Drive hosted at the Knights of Columbus Hall on Farmington Road on December 19th
and concluded by wishing everyone a Happy New Year
Schwartz thanked all Councilmembers for their support and indicated it
was a privilege and joy to represent the citizens of Livonia Schwartz indicated the
members of Council take their jobs very seriously and work very hard to accomplish
goals and serve the community Schwartz thanked the Mayor for his respect and
dedicated leadership, together with the great men and women he has chosen to serve
the community Schwartz also thanked Terry Marecki, City Clerk, Don Knapp, City
Attorney, and Dennis Wright, City Treasurer for their smiles and friendship and
indicated the work of Council could not be done without the help of the Council staff
members, Judy and Jackie, as well as Karen who recently retired Schwartz thanked
Regular Meeting Minutes of December 14, 2011 38120
all who serve and protect our great City and welcomed incoming Councilmembers
Brandon Kritzman and Thomas Robinson to the Council
President McCann again thanked Councilmembers Schwartz and
Meakin for their dedication, time and service to the Livonia community President
McCann wished all a Happy Holiday season
On a motion by Schwartz, seconded by Meakin, and unanimously
adopted, this 1 ,695th Regular Meeting of the Council of the City of Livonia was
adjourned at 8 41 p m
Terry '$Marecki, City Clerk