HomeMy WebLinkAboutCOUNCIL MINUTES 2011-10-05 38024
MINUTES OF THE ONE THOUSAND SIX HUNDRED NINETIETH
REGULAR MEETING OF OCTOBER 5, 2011
On October 5, 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; and Terry Marecki, City Clerk.
On a motion by Schwartz, seconded by Pastor, it was
#312-11 RESOLVED, that the Minutes of the 1,689th Regular
Meeting of the Council held September 21, 2011, are hereby approved
as submitted
A roll call vote was taken on the foregoing resolution with the following result:
AYES Meakin, Laura, Schwartz, Pastor, and McCann
NAYS None
PRESENT Toy and Brosnan
Pastor wished a Happy 50th Birthday to Perry Vellucci, a Livonia
resident and employee with his company
President McCann wished a Happy 62nd Anniversary to his parents
who he indicated will celebrate their anniversary on October 6th
President McCann announced the following Public Hearings to be held
on Monday, October 10, 2011, at 7 00 p m in the Auditorium of the Livonia City Hall,
33000 Civic Center Drive, Livonia, Michigan
Regular Meeting Minutes of October 5, 2011 38025
Petition 2011-07-01-03 submitted by Kucyk, Soave and Fernandes,
PLLC to rezone property located on the west side of Henry Ruff
Road between Schoolcraft Road and Lyndon Avenue (14341 Henry
Ruff), in the Southwest 1/4 of Section 23 from RUF to R-3 (Rural Urban
Farm — '/2 Acre Lot to One Family Residential — 80' X 120' Lot), and
Kathy I Oleski, Chief Financial Officer, Applied Process Inc , is
requesting approval of an Industrial Facilities Tax Exemption
Certificate for refurbished equipment for their facility located at 12238
Newburgh Road, Livonia, MI 48150 (Industrial Development District
#92)
President McCann announced the following Public Hearing to be held
on Wednesday, October 19, 2011, at 7 00 p m in the Auditorium of the Livonia City
Hall, 33000 Civic Center Drive, Livonia, Michigan
Charles L Dardas, President, Chief Operating Officer of Washers Inc ,
(d b a Alpha Stamping Company), requesting approval of an
Exemption of Personal Property under PA 328 of 1998 in connection
with the purchase of new equipment and machinery for their facility
located at 33375 Glendale, Livonia, MI 48150 (Industrial
Development District #94)
There was no Audience Communication at the beginning of the
meeting
A communication from the Public Service Division, dated September
28, 2011, re follow up information requested by Council at its Study Meeting of
September 26, 2011, concerning Fiore Enterprises, LLC, one of the contractors who
submitted a bid to the City for snow removal service following major storms, was
received and placed on file for the information of the Council
On a motion by Toy, seconded by Brosnan, it was
#313-11 RESOLVED, that having considered a communication
from Ion and luliana Gutu, dated September 13, 2011, regarding the
request to purchase one-half of the City-owned property located at
36413 Parkdale, which is adjacent to property they currently own, the
Council does hereby refer this matter to the Administration to negotiate
a possible sale of the property
#314-11 RESOLVED, that having considered a letter from Laraine
Larkin, President, Stepping Up For MS, dated September 6, 2011, the
Council does hereby take this means to indicate that Stepping Up For
Regular Meeting Minutes of October 5, 2011 38026
MS is recognized as a non-profit organization operating in the
community, and the action herein being taken for the purpose of
affording Stepping Up For MS an opportunity to obtain a charitable
gaming license or registration from the State of Michigan in
accordance with provisions of State statute
#315-11 RESOLVED, that having considered a communication
from the City Clerk, dated September 7, 2011, forwarding an
application submitted by Jeffrey Paul Glebe, 33653 Pondview Circle,
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
#316-11 RESOLVED, that having considered a communication
from the Chief of Police, dated September 7, 2011, which bears the
signature of the Director of Finance, is approved by the City Attorney
and approved for submission by the Mayor, the Council does hereby,
for and on behalf of the City of Livonia, accept the Byrne Justice
Assistance Grant funding in the amount of $250,000 00 (with no
matching funds required), to be used to purchase eighty-three (83)
Motorola APX6000 Model II Portable Radios, which will be integrated
into the larger City-wide Motorola Communications System as detailed
in Council Resolution #407-10, said funds to be deposited and
maintained in Account No 223-779-987-000 and appropriated for its
intended purposes, FURTHER, expenditures made under this Grant
will be reimbursed by the State of Michigan, via Canton Township, in
accordance with a Memorandum of Understanding (MOU) entered into
by the City of Livonia and Canton Township
#317-11 RESOLVED, that having considered the report and
recommendation of the Superintendent of Public Service — Operations
and the Director of Public Works, dated September 12, 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 B & J Parking Lot Maintenance, Inc , 12207 Inkster Road,
Taylor, Michigan 48180, (the low overall bidder) for completing all
street sweeping required for the City's 2011 and 2012 Leaf Pickup
Program, for the estimated total cost of $39,900 00, FURTHER, in the
event the lowest bidder is unable to perform the services, the Council
does hereby accept the unit price bid of Progressive Sweeping, 12564
Inkster Road, Redford, Michigan 48239, as an alternate for completing
all street sweeping required for the City's 2011 and 2012 Leaf Pickup
Program, for the estimated total cost of $55,000 00, the final cost being
based upon the Public Service Division's estimate of units involved,
and subject to a final payment based upon the actual units completed
Regular Meeting Minutes of October 5, 2011 38027
in accordance with the unit prices accepted herein, said estimated
costs and unit prices having been in fact the lowest bids received for
this item, FURTHER, the Council does hereby authorize the use of the
services of B & J Parking Lot Maintenance, Inc , 12207 Inkster Road,
Taylor, Michigan 48180, to provide emergency street sweeping
services if necessary in an amount not to exceed $10,000 00,
FURTHER, the Council does hereby authorize the expenditure of the
foregoing amounts from funds already budgeted in Account No 205-
527-886-015 (Special Activity — Leaf Pickup) for this purpose, and the
Superintendent of Public Service — Operations and Director of Public
Works are hereby authorized to approve minor adjustments 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(s) and to do all other things necessary or
incidental to the full performance of this resolution
#318-11 RESOLVED, that having considered a communication
from the Director of Public Works, dated September 15, 2011, which
bears the signature of the Director of Finance and is approved for
submission by the Mayor, the Council does hereby authorize Stante
Excavating, 48400 West Road, Wixom, Michigan 48398, Nagle Paving
Company, 39525 W 13 Mile Road, Suite 300, Novi, Michigan 48377,
and Fiore Enterprises, LLC, 3411 West Fort Street, Detroit, Michigan
48216, to provide snow removal services for City streets during the
2011-2012 snow season for snowfalls of over four (4) inches in
accumulation and as authorized by the Mayor, pursuant to the terms
stated in the attached proposals dated September 9, 2011 (Stante
Excavating), September 13, 2011 (Nagle Paving Company), and
September 14, 2011 (Fiore Enterprises, LLC), FURTHER, the Council
does hereby authorize said action without competitive bidding in
accordance with Section 3 04 140 D 4 of the Livonia Code of
Ordinances, as amended, FURTHER, the Council does hereby
authorize the expenditures for such services from funds already
budgeted in Account No 101-463-818-020 (Road Maintenance
Contractual Services) for this purpose
#319-11 WHEREAS, the City of Livonia believes quality roads are
a vital part of any community, and
WHEREAS, certain improvements are necessary to Farmington Road
to increase traffic safety and to encourage economic development, and
WHEREAS, the County of Wayne has committed to improvement to
the Road in an area generally described as Farmington Road at Six
Mile and Seven Mile Intersections and the City of Livonia will assist
financially in the improvement of the Road, and
Regular Meeting Minutes of October 5, 2011 38028
WHEREAS, the City of Livonia will provide payment to the County of
Wayne in the estimated amount of $101,500 00 (which will be adjusted
to reflect actual costs), as the City of Livonia's participation of the total
Project Costs, and
WHEREAS, upon execution of this Agreement, the City of Livonia will
provide a Working Capital Advance to the County of Wayne in the
amount of $50,750 00 as fifty percent (50%) of the City of Livonia's
participation (as found in Exhibit A to this Agreement) of the total
Project Costs, and
NOW, THEREFORE BE IT RESOLVED, that the City of Livonia City
Council does hereby approve the proposed Agreement between the
City of Livonia and County of Wayne for the improvement of
Farmington Road at Six Mile and Seven Mile Intersections, and
BE IT FURTHER RESOLVED, that the Mayor and Clerk are authorized
to execute the Agreement on behalf of the City of Livonia
BE IT FURTHER RESOLVED, that the Livonia City Council does
hereby approve an expenditure in the estimated amount of
$101,500 00 (which will be adjusted to reflect actual costs) from funds
budgeted for 2012 in Account No 202-463-818-125 (Major Street Fund
— City Participation in MDOT and County Projects) for this purpose and
the City Engineer is hereby authorized to approve minor adjustments in
the work, as required
#320-11 WHEREAS, the City of Livonia believes quality roads are
a vital part of any community, and
WHEREAS, certain improvements are necessary to Haggerty Road
and West Chicago Road to increase traffic safety and to encourage
economic development, and
WHEREAS, the County of Wayne has committed to improvement to
the Road in an area generally described as Haggerty Road at Six Mile
Intersection and West Chicago at Merriman and Middlebelt
Intersections and the City of Livonia will assist financially in the
improvement of the Road, and
WHEREAS, the City of Livonia will provide payment to the County of
Wayne in the estimated amount of $51,860 00 (which will be adjusted
to reflect actual costs), as the City of Livonia's participation of the total
Project Costs, and
WHEREAS, upon execution of this Agreement, the City of Livonia will
provide a Working Capital Advance to the County of Wayne in the
Regular Meeting Minutes of October 5, 2011 38029
amount of $26,480 00 of the City of Livonia's participation (as found in
Exhibit A to this Agreement) of the total Project Costs, and
NOW, THEREFORE BE IT RESOLVED, that the City of Livonia City
Council does hereby approve the proposed Agreement between the
City of Livonia and County of Wayne for the improvement to Haggerty
Road at Six Mile Intersection and West Chicago at Merriman and
Middlebelt Intersections, and
BE IT FURTHER RESOLVED, that the Mayor and Clerk are authorized
to execute the Agreement on behalf of the City of Livonia
BE IT FURTHER RESOLVED, that the City of Livonia City Council
does hereby approve an expenditure in the estimated amount of
$51,860 00 (which will be adjusted to reflect actual costs) from funds
budgeted for 2012 in Account No 202-463-818-125 (Major Street Fund
— City Participation in MDOT and County Projects) for this purpose and
the City Engineer is hereby authorized to approve minor adjustments in
the work, as required
#321-11 RESOLVED, that having considered a communication
from the Department of Law, dated September 6, 2011, approved for
submission by the Mayor, in connection with a, proposed amendment
to Section 18 500(b) (Permitted Signs) of Article XVIII of the Zoning
Ordinance to allow the painting of addresses on the curb to assist in
locating a home in an emergency, the Council does hereby refer this
matter to the City Planning Commission for the holding of a public
hearing in accordance with provisions of law and City Ordinance
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
Pastor took from the table, for second reading and adoption, the
following Ordinance
AN ORDINANCE AMENDING SECTION 010 OF TITLE 12, CHAPTER
16 (PARKS AND PLAYGROUNDS) 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
Regular Meeting Minutes of October 5, 2011 38030
NAYS None
The President declared the foregoing Ordinance duly adopted, and would become
Ng effective on publication
On a motion by Toy, seconded by Pastor, and unanimously adopted, it
was
#322-11 RESOLVED, that having considered an application from
Chad Aaron Kundinger, dated September 18, 2011, requesting
permission to close North Clements Circle between Harrison and
Elmira on Saturday, October 15, 2011, from 10 00 a m to 10 00 p m
for the purpose of conducting a block party, the Council does hereby
grant permission as requested, including therein permission to conduct
the said affair on Sunday, October 16, 2011, in the event of inclement
weather, the action taken herein being made subject to the approval of
the Police Department.
Chad Kundinger, 28035 North Clements Circle, Livonia, was present to answer any
questions of Council and thanked them for their time and consideration
On a motion by Pastor, seconded by Schwartz, it was
#323-11 RESOLVED, that the City Engineer having filed with the
City Clerk a statement dated August 31, 2011, on all matters required
by Section 3 08 060 and 3 08 140 of the Livonia Code of Ordinances,
as amended, and a first public hearing having been held thereon on
September 26, 2011, after due notice as required by Section 3 08 070
of said Code, and careful consideration having been given to all such
matters, the Council does hereby, pursuant to Section 3 08 080 of said
Code
1 Accept and approve said statement in all respects,
2 Determine necessity for the Bell Branch Streambank
Stabilization Project a/k/a Rennolds' Ravine River National Wet
Weather Demonstration Project Round X, Part "B" Grant
Program for storm water general permit activities located in the
Rennolds' Ravine Subdivision of Livonia, Wayne County,
Michigan, as described in said statement; and defray the cost of
such improvement by special assessment upon the property
especially benefited in proportion to the benefits derived or to be
derived,
3 Approve the plans and specifications for the improvement as set
forth in said statement dated August 31, 2011,
Regular Meeting Minutes of October 5, 2011 38031
4 Determine that the cost of such improvement shall be paid by
special assessment upon the property especially benefited,
5 Determine that the assessment made for such improvement
shall be paid in annual installments, according to said
statement;
6 Designate the assessment district, describing the land and
premises upon which special assessments shall be levied as
follows
Lots 35 to 40, both inclusive of the Rennolds' Ravine
Subdivision, as recorded in Liber 101, Pages 51-53,
Wayne County Records, said subdivision being part of
the N E 1/4 of Section 20, T 1 S, R. 9 E, City of Livonia,
Wayne County, Michigan and also parcels 077 99 0008
005 and 077 99 0008 0006
7 Direct the City Assessor to prepare a special assessment roll in
accordance with the Council's determination on said statement
as prepared by the City Engineer dated August 31, 2011,
8 That upon completion of said roll, the City Assessor shall attach
thereto the certificate required by the provisions of Section
3 08 100 of the Livonia Code of Ordinances, as amended, and
file the same with the City Clerk, who thereupon is directed to
present the same to the City Council prior to the holding of the
second public hearing thereon pursuant to Title 3, Chapter 8 of
the Livonia Code of Ordinances
A roll call vote was taken on the foregoing resolution with the following result:
AYES Meakin, Laura, Brosnan, Schwartz, Pastor, and McCann
NAYS Toy
The President declared the resolution adopted
There was no Audience Communication at the end of the meeting
On a motion by Toy, seconded by Laura, and unanimously adopted,
this 1,690th Regular Meeting of the Council of the City of Livonia was adjourned at
815pm
J ( ( ark--11-C/—
Terry
it-11-C/.._Terry RA,)Marecki, City Clerk