HomeMy WebLinkAboutCOUNCIL MINUTES 2010-09-22 37672
MINUTES OF THE ONE THOUSAND SIX HUNDRED SIXTY FIFTH
REGULAR MEETING OF SEPTEMBER 22, 2010
On September 22, 2010, the above meeting was held at the City Hall,
33000 Civic Center Drive, Livonia, Michigan and was called to order by the
President of the Council at 8 00 p m Councilmember Pastor led the meeting with
the Pledge of Allegiance
Roll was called with the following result: John Pastor, Brian Meakin,
Laura Toy, Maureen Miller Brosnan, Conrad Schwartz, and James McCann
Absent: Joe Laura
Elected and appointed officials present: Todd Zilincik, City Engineer;
Karen Tesner, Director of Legislative Affairs, Mark Taormina, City Planner; Don
Knapp, City Attorney; Terry A. Marecki, City Clerk, Wayne County Commissioner
Joan Gebhardt; and Mayor Jack Kirksey
On a motion by Pastor, seconded by Toy, it was
#315-10 RESOLVED, that the Minutes of the 1,664th Regular
Meeting of the Council held September 8, 2010, are hereby approved
as submitted
A roll call vote was taken on the foregoing resolution with the following result:
AYES Pastor, Meakin, Brosnan, Schwartz, and McCann
NAYS None
PRESENT Toy
The President declared the resolution adopted
Meakin welcomed a Livonia hometown hero, Sgt. Dominic Freda of the
United States Marine Corps, and indicated Sgt. Freda was deployed to Afghanistan
wherein he received a meritorious promotion to Corporal Meakin indicated Sgt.
Freda was later deployed to active duty in Iraq and was again promoted to Squad
Leader and then promoted to Sergeant. Meakin further indicated Sgt. Freda was
transferred to Quantico, Virginia where he held the position of Tactics Chief and
Regular Meeting Minutes of September 22, 2010 37673
received a meritorious promotion to Staff Sergeant. Sgt. Freda was then deployed
to Afghanistan for his second tour of duty and held the position of Platoon Sergeant
and while on that tour, Sgt. Freda was injured when the MATV vehicle he was in was
hit by an IED in May, 2010 Further, Meakin indicated Sgt. Freda received two
Combat Action awards, one Navy Commendation, as well as two Navy and one U S
Marine Corp Achievement Medals with Valor during his two tours of duty Meakin
stated Sgt. Freda and his wife, Lindsay, recently had their first child, Dominic II, who
was born on September 16, 2010, and stated Sgt. Freda will return for service at
Camp Lejeune, North Carolina in the near future Meakin thanked Sgt. Freda and all
U S soldiers currently serving and protecting our country for their dedicated service
Sgt. Dominic Freda thanked Council for their recognition and extended
gratitude to all U S Marines who are currently serving our country Sgt. Freda also
thanked his family members, including his wife, mother, father, stepmother, and
grandparents, for their support during his active tours of duty while serving the
United States and expressed his appreciation for the support of the Livonia
community
President McCann announced the following Public Hearing to be held
on Monday, October 4, 2010, at the Auditorium of City Hall, 33000 Civic Center
Drive, Livonia, MI, at 7 00 p m
The proposed Annual Budget for the City of Livonia for the fiscal year
ending November 30, 2011, and
The Public Hearing required by Act 5 PA 1982, in connection with the
Truth in Taxation hearing, as adopted by the City Council at the
Regular meeting held July 7, 2010, pursuant to Council Resolution
248-10
A communication from the Department of Law, dated August 31, 2010,
re Michael Frazier v Officer Terrence O'Leary, et al, Wayne County Circuit Court
Case No 10-007027-NO, was received and placed on file for the information of the
Council
A communication from the Engineering Division, dated September 15,
2010, re revising the requested amount for the 2010 Joint and Crack Sealing
Program increase, was received and placed on file for the information of the Council.
On a motion by Pastor, seconded by Meakin, it was
#316-10 RESOLVED, that having considered the report and
recommendation of the Superintendent of Parks and Recreation, dated
Regular Meeting Minutes of September 22, 2010 37674
August 23, 2010, which bears the signature of the Director of Finance
and is approved for submission by the Mayor, to which is attached a
communication from B & B Pools and Spas, dated August 17, 2010,
wherein it is indicated that B & B Pools and Spas has offered to extend
their current contract price through November 30, 2011, the Council
does hereby authorize the purchase of 300 buckets of pulsar
briquettes from B & B Pools and Spas, 29440 Six Mile Road, Livonia,
Michigan 48152, for a price of $105 00 per bucket for a total price of
$31,500 00 for use at the Community Recreation Center, Botsford,
Clements Circle and Shelden Pools, with the understanding that such
price per bucket will remain in place through November 30, 2011,
FURTHER, the Council does hereby authorize an expenditure in the
amount of $31,500 00 ($18,900 00 from Account No 208-755-743-000
— Community Center; $5,040 00 from Account No 208-720-743-000 —
Botsford, $5,040 00 from Account No 208-721-743-000 — Clements
Circle, and $2,520 00 from Account No 208-722-743-000 — Shelden)
from funds already budgeted for this purpose, FURTHER, the Council
does hereby authorize the said purchase without competitive bidding
for the reasons indicated in the aforesaid communication, 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
#317-10 RESOLVED, that having considered the report and
recommendation of the Superintendent of Parks and Recreation, dated
September 2, 2010, which bears the signature of the Director of
Finance and is approved for submission by the Mayor, and which
transmits Resolution No 3171-10 adopted by the Parks and
Recreation Commission at its Regular meeting of August 4, 2010,
wherein it is recommended that field rental procedures be changed to
eliminate Daily and Seasonal Permits and utilizing an Hourly Permit
only, effective December 1, 2010, the Council does hereby refer this
matter to the Public Safety, Education and Recreation Committee for
its report and recommendation
#318-10 RESOLVED, that having considered the report and
recommendation of the Superintendent of Public Service — Operations
and the Director of Public Works, dated September 1, 2010, which
bears the signature of the Director of Finance and is approved for
submission by the Mayor, the Council does hereby approve a one (1)
year extension of the existing contract with B & J Parking Lot
Maintenance, Inc , 12207 Inkster Road, Taylor, Michigan 48180, for
completing all street sweeping required for the City's 2010 Leaf Pickup
Program and Supplemental Routine Sweeping, if required, at the unit
prices bid in August of 2009, for the estimated total cost of $37,400 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 in accordance with the unit prices accepted in August
of 2009 (pursuant to Council Resolution No 355-09), FURTHER, the
Regular Meeting Minutes of September 22, 2010 37675
Council does hereby authorize the expenditure of the foregoing
amount from funds already budgeted in Account No 205-527-886-015
for this purpose, and the Mayor and City Clerk are hereby authorized
to execute a contract extension for and on behalf of the City of Livonia
with the aforesaid company and to do all other things necessary or
incidental to the full performance of this resolution, FURTHER, the
Council does hereby authorize the action herein without competitive
bidding in accordance with Section 3 04 140 D 4 of the Livonia Code of
Ordinances, as amended
#319-10 RESOLVED, that having considered the report and
recommendation of the City Engineer, dated August 25, 2010,
approved by the Director of Public Works and approved for submission
by the Mayor, with regard to a request from the Wayne County
Department of Public Services that the City take jurisdiction and control
of the entire on-site storm sewer collection system as part of the
development of a Community Alliance Credit Union, 37401 Plymouth
Road, Livonia, Michigan, the Council does hereby determine as
follows
1 To advise the Wayne County Department of Public Services
(Permit Section) that the City of Livonia has approved the storm
sewer site plans and further, that the City will accept jurisdiction
and maintenance (at no expense to the County) of the storm
sewer within the property located on the south side of Plymouth
Road, west of Newburgh Road, in the Southeast 1/4 of Section
30 (See attached Maintenance Agreement from the owner,
Community Alliance Credit Union, 37401 Plymouth Road,
Livonia, Michigan 48150, indicating their willingness to
reimburse the City for any such maintenance that may become
necessary),
2 To authorize the City Engineer to execute a Wayne County
permit on behalf of the City of Livonia in connection with the
above storm sewer construction,
3 To authorize the Mayor to execute the Maintenance Agreement
on behalf of the City
#320-10 RESOLVED, that having considered the report and
recommendation of the City Engineer, dated August 24, 2010, which
bears the signature of the Director of Finance, is approved by the
Director of Public Works and approved for submission by the Mayor,
regarding expanding the 2010 Pavement Crack and Joint Sealing
Program, Contract 10-D, to include Bicentennial Drive up to the tennis
courts and the adjacent west parking lots at Bicentennial Park, which
contract was previously approved in Council Resolution 144-10,
adopted on April 28, 2010, the Council does hereby authorize the
Regular Meeting Minutes of September 22, 2010 37676
expenditure of an additional sum not to exceed $5,000 00 from
Account No 208-756-987-000 (Other Recreation — Capital Outlay) to
be paid to Michigan Joint Sealing, Inc , 28830 W Eight Mile, Suite 103,
Farmington Hills, Michigan 48336, for this additional work; FURTHER,
the foregoing amount is based upon the Engineering Division's
estimate of units involved, and is subject to final payment based upon
the actual units completed in accordance with the bid unit prices, and
the City Engineer is authorized to approve minor adjustments in the
work as it becomes necessary
#321-10 RESOLVED, that having considered a communication
from the City Planning Commission, dated August 26, 2010, which
transmits its resolution 08-60-2010, adopted on August 24, 2010, with
regard to Petition 2008-10-08-12 submitted by St. Mary Mercy Hospital
requesting site plan approval in connection with a proposal to construct
an addition to the hospital on property located on the Southwest corner
of Five Mile Road and Levan Road (36475 Five Mile Road), in the
Northwest 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 2008-10-08-12 is hereby approved and granted, subject to the
following conditions
1 That the General Site Plan marked Sheet C100 dated August 6,
2010, as revised, prepared by Hobbs + Black Architects, is
hereby approved and shall be adhered to,
2 That the General Site Plan — North marked Sheet C100-N dated
August 6, 2010, as revised, prepared by Hobbs + Black
Architects, is hereby approved and shall be adhered to,
3 That the General Site Plan — South marked Sheet C100-S dated
August 6, 2010, as revised, prepared by Hobbs + Black
Architects, is hereby approved and shall be adhered to,
4 That the Landscape Plan marked Sheet Ll dated October 24,
2008, as revised, prepared by Michael J Dul & Associates, is
hereby approved and shall be adhered to,
5 That the Detailed Planting Plan — North Site & West Courtyard
marked Sheet L2 dated October 24, 2008, as revised, prepared
by Michael J Dul & Associates, is hereby approved and shall be
adhered to,
6 That the Detailed Planting Plan — South Site marked Sheet L3
dated October 24, 2008, as revised, prepared by Michael J Dul
L. & Associates, is hereby approved and shall be adhered to,
Regular Meeting Minutes of September 22, 2010 37677
7 That all disturbed lawn areas shall be sodded in lieu of
hydroseeding,
8 That underground sprinklers are to be provided for all
landscaped and sodded areas and all planted materials shall be
installed to the satisfaction of the Inspection Department and
thereafter permanently maintained in a healthy condition,
9 That the Exterior Building Elevations Plans marked Sheets A-
200, A-201 and A-202 all dated October 24, 2008, as revised,
prepared by Hobbs + Black Architects, are hereby approved and
shall be adhered to,
10 That the brick used in the construction shall be full face four (4")
inch brick;
11 That all rooftop mechanical equipment shall be concealed from
public view on all sides by screening that shall be of a
compatible character, material and color to other exterior
materials on the building,
12 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),
13 That all light fixtures shall be aimed and shielded so as to
minimize stray light trespassing across property lines and
glaring into adjacent roadway;
14 That along Levan Road, from the south entrance drive of the
south Marion Office Building parking lot to the southern edge of
the hospital's property, a sidewalk shall be installed to the
satisfaction of the Engineering Department;
15 That the cross-walks shall conform to the Michigan Manual of
Uniform Traffic Control Devices, pavement markings and
signage shall be to the Police Department's satisfaction,
16 That the issues as outlined in the correspondence dated
November 12, 2008 from the Livonia Fire and Rescue Division
shall be resolved to the satisfaction of the Inspection
Department and/or Engineering Department;
fi..
Regular Meeting Minutes of September 22, 2010 37678
17 That this approval is subject to the petitioner being granted a
variance from the Zoning Board of Appeals for nine foot (9')
parking spaces in the designated staff parking lots and any
conditions related thereto,
18 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,
19 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,
20 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 City
Council, and unless a building permit is obtained, 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 Pastor, Meakin, Toy, Brosnan, Schwartz, and McCann
NAYS None
An article from the Detroit Free Press, dated September 1, 2010, titled
"Livonia may add footpaths, cycling trails", was received and placed on file for the
information of the Council (CR 20-10)
An e-mail communication from Todd Scott, Michigan Trails and
Greenways Alliance, dated September 1, 2010, re non-motorized planning, was
received and placed on file for the information of the Council (CR 20-10)
An e-mail communication from Kim Kehres, a Livonia resident, dated
September 1, 2010, re non-motorized transportation plan, was received and placed
on file for the information of the Council (CR 20-10)
An e-mail communication from Michael Elinsky, a Livonia resident,
dated September 1, 2010, re non-motorized transportation plan, was received and
placed on file for the information of the Council (CR 20-10)
Regular Meeting Minutes of September 22, 2010 37679
On a motion by Brosnan, seconded by Toy, and unanimously adopted,
it was
#322-10 RESOLVED, that having considered the report and
recommendation of the Infrastructure and Community Transit
Committee, dated September 1, 2010, submitted pursuant to Council
Resolution 20-10, regarding the City developing a connectivity plan for
non-motorized transportation, the Council does hereby refer the
subject of outlining the elements necessary to create a master plan for
non-motorized transportation, including the estimated costs of
engaging in the process, to the Administration for its report and
recommendation
A communication from the Division of Police, dated June 15, 2010, re
Administrative Response to CR 117-10 — traffic and crime statistics in the area of
Eight Mile and Gill Road, was received and placed on file for the information of the
Council (CR 48-10)
On a motion by Brosnan, seconded by Pastor, and unanimously
adopted, it was
#323-10 RESOLVED, that having considered the report and
recommendation of the Infrastructure and Community Transit
Committee, dated September 1, 2010, submitted pursuant to Council
Resolution 48-10, regarding the proposed installation of street lights
along the south side of Eight Mile Road, between Farmington Road
and Gill Road, the Council does hereby determine to take no further
action with regard to this matter
A communication from the Engineering Division, dated June 9, 2010,
re update on the application for grant funding through the Great Lakes Restoration
Initiative (GLRI) for the stabilization of Bell Creek, was received and placed on file
for the information of the Council (CR 44-99)
On a motion by Brosnan, seconded by Toy, and unanimously adopted,
it was
#324-10 RESOLVED, that having considered the report and
recommendation of the Infrastructure and Community Transit
Regular Meeting Minutes of September 22, 2010 37680
Committee, dated September 1, 2010, submitted pursuant to Council
Resolution 44-99, regarding the subject of a storm water management
study and possible grant funding available to the City through the
Wayne County Department of Public Services, the Council does
hereby refer the matter of how best to apply the grant funding received,
along with recommendations for how best to resolve the erosion issue
plaguing Vicky Garling, to the Administration for its report and
recommendation
On a motion by Brosnan, seconded by Schwartz, and unanimously
adopted, it was
#325-10 RESOLVED, that having considered the report and
recommendation of the Infrastructure and Community Transit
Committee, dated September 1, 2010, submitted pursuant to Council
Resolution 44-99, regarding the subject of a storm water management
study and possible grant funding available to the City through the
Wayne County Department of Public Services, the Council does
hereby refer the matter of conducting a public hearing, including, but
not limited to, an estimation of the time it would take, estimation of the
cost to each homeowner, and what the Special Assessment District
would include, with a preliminary roll, to the Administration for its report
and recommendation
A communication from the Department of Community Resources,
dated September 8, 2010, re questions raised concerning Greenmead at the
September 1, 2010, Public Safety, Education and Recreation Committee meeting,
was received and placed on file for the information of the Council (CR 1143-96)
Brosnan provided a verbal update concerning the subject of
Greenmead and indicated the matter would remain in the Public Safety, Education
and Recreation Committee at this time (CR 1143-96)
On a motion by Brosnan, seconded by Schwartz, and unanimously
adopted, it was
#326-10 RESOLVED, that having considered the report and
recommendation of the Public Safety, Education and Recreation
Committee, dated September 1, 2010, submitted pursuant to Council
Resolution 250-03, regarding the subject of the number of
memberships purchased for the Livonia Community Recreation
Center, the Council does hereby determine to take no further action
with regard to this matter
Regular Meeting Minutes of September 22, 2010 37681
Brosnan provided a verbal update on the status of the Livonia
Community Recreation Center (membership levels, millage funds, employee
matters, concerns and/or complaints) and indicated the matter would remain in the
Public Safety, Education and Recreation Committee at this time (CR 33-08)
On a motion by Brosnan, seconded by Meakin, and unanimously
adopted, it was
#327-10 RESOLVED, that having considered the report and
recommendation of the Public Safety, Education and Recreation
Committee, dated September 1, 2010, submitted pursuant to Council
Resolution 104-10, regarding the subject of feasibility of a bike/walking
path along Hubbard Road, between Five and Six Mile Roads, the
Council does hereby determine to take no further action with regard to
this matter
A communication from the Department of Law, dated September 1,
2010, re possible sale of NSP homes to the Livonia Public School Foundation, was
received and placed on file for the information of the Council (CR 171-10)
On a motion by Brosnan, seconded by Meakin, and unanimously
adopted, it was
#328-10 RESOLVED, that having considered the report and
recommendation of the Public Safety, Education and Recreation
Committee, dated September 1, 2010, submitted pursuant to Council
Resolution 171-10, regarding the subject of Neighborhood Stabilization
Program homes and the possible sale to the Livonia Public School
Foundation, the Council does hereby determine to take no further
action with regard to this matter
On a motion by Toy, seconded by Pastor, and unanimously adopted, it
was
#329-10 RESOLVED, that having considered a communication
from the Director of the Housing Commission, dated August 30, 2010,
which bears the signature of the Director of Finance and is approved
for submission by the Mayor, submitted pursuant to Council Resolution
405-09, the Council does hereby accept the offer of Tammy and
James Sekutowski to purchase City-owned property located at 28614
Seven Mile Road, Livonia, Michigan in the Southwest 1/4 of Section 1,
further described as
Regular Meeting Minutes of September 22, 2010 37682
Lot(s) 1, Iris Gardens Subdivision, according to the plat thereof as
recorded in Liber 67, Page(s) 55, Wayne County Records,
for a total purchase price of $51,000 00, which sale is conditioned
upon the purchasers obtaining financing and participating in a
homeownership training program, the action herein being taken in
order to best serve the interests of the community; FURTHER, the
Council does hereby direct that the sale proceeds be directed to the
Neighborhood Stabilization Program for purposes consistent with the
NSP Grant Agreement; and the Director of the Housing Commission is
hereby requested to execute a quit claim deed and such other
documents as may be necessary or incidental to fulfill the purpose of
this resolution, and the Director of the Housing Commission and the
Department of Law are 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 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
A communication from the Department of Management Information
Systems, dated September 15, 2010, re integration between the requested BS&A
Inspection software and the other systems at use at the City, was received and
placed on file for the information of the Council
A communication from the Inspection Department, dated September
15, 2010, re possible cost savings to the City if the proposed new BS&A system is
implemented, was received and placed on file for the information of the Council
On a motion by Toy, seconded by Pastor, and unanimously adopted, it
was
#330-10 RESOLVED, that having considered the report and
recommendation of the Director of Inspection, dated September 7,
2010, which bears the signature of the Director of Finance and is
approved for submission by the Mayor, the Council does hereby
authorize the Mayor and City Clerk, for and on behalf of the City of
Livonia, to execute a contract with BS&A Software, Inc , 14965 Abbey
Lane, Bath, Michigan 48808, for upgraded software licensing and
training for the Inspection and Sanitation personnel in an amount not to
exceed $27,790 00, as well as to do all other things necessary or
Regular Meeting Minutes of September 22, 2010 37683
incidental to the full performance of this resolution, FURTHER, the
Council does hereby authorize the Information Systems Director to do
all things necessary to prepare specifications and obtain competitive
bids for the purchase of the required computer hardware in accordance
with the provisions set forth in the Financial Ordinance, the same to
thereafter be submitted to Council for its consideration, FURTHER, the
Council does hereby authorize an expenditure in an amount not to
exceed $58,585 00 ($40,285 00 from Account No 205-525-971-000 —
Sanitation - Minor Capital Outlay, and $18,300 00 from Account No
101-371-971-000 — Inspection - Minor Capital Outlay) from funds
already budgeted for this purpose, FURTHER, the Council does
appropriate and authorize an additional expenditure in an amount not
to exceed $14,005 00 from the Unexpended Fund balance of the
Capital Projects Fund (401) for this purpose, FURTHER, the Council
does hereby authorize the execution of a contract with BS&A Software,
Inc. without competitive bidding for the reasons indicated in the
aforesaid communication, and such action is taken in accordance
Section 3 04 140 D 4 of the Livonia Code of Ordinances, as amended
During Audience Communication, Christopher Martin, 12319 Arcola,
addressed Council to express his concerns about construction progress on
Middlebelt Road and with regard to a water main break in front of one of his
properties on Arcola Mr Martin explained the water main broke over a year ago
and the property has not been completely repaired and inquired how long would it
take for the City to complete the process
Toy recognized long-time residents, Dick and Marge Brawley, who
were present for the meeting and indicated Mr and Mrs Brawley have done
extensive volunteer work for the American Red Cross and are very helpful residents
in the Brookfield Condominiums and throughout the community
Brosnan offered condolences on behalf of Council to Councilmember
Schwartz, who lost his mother last week
On a motion by Meakin, seconded by Toy, and unanimously adopted,
this 1,665th Regular Meeting of the Council of the City of Livonia was adjourned at
838 p m
J2-1Na
Ter-WA. Marecki, City Clerk