HomeMy WebLinkAboutCOUNCIL MINUTES 2010-10-06 37687
MINUTES OF THE ONE THOUSAND SIX HUNDRED SIXTY SIXTH
REGULAR MEETING OF OCTOBER 6, 2010
On October 6, 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 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;
Karen Tesner, Director of Legislative Affairs, Mark Taormina, City Planner; Don
Knapp, City Attorney; Terry A. Marecki, City Clerk, and Mayor Jack Kirksey
On a motion by Toy, seconded by Pastor, and unanimously* adopted,
it was
#331-10 RESOLVED, that the Minutes of the 1,665th Regular
Meeting of the Council held September 22, 2010, are hereby approved
as submitted
*Council Vice President Laura abstained from voting, which is recorded as a "yes"
vote under the provisions of Section 2 04 190B of the Livonia Code of Ordinances
Pastor extended Happy Birthday wishes to City Engineer, Todd
Zilincik, and thanked him for all the hard work he does for the City
Brosnan announced the Livonia Hall of Fame Induction Ceremony
scheduled to take place at 7 00 p m on Thursday, October 7, 2010, in the City Hall
Auditorium Brosnan explained this was an opportunity for residents to meet
community members who have made significant contributions to the Livonia
community and encouraged all residents to attend the event.
President McCann announced there would be an X-item discussed at
the end of the meeting concerning a request from the Engineering Division for
Regular Meeting Minutes of October 6, 2010 37688
approval of an Asset Management Plan for Major and Local Streets to allow
transfers from the Major Street and Trunkline Fund to the Local Street Fund
During Audience Communication, Loyd Romick, 33437 Michele Court,
addressed Council to express his compliments to the Livonia Police Department who
had responded on two separate occasions to incidents at the Livonia Board of
Education School Board offices Mr Romick indicated the Police Department
conducted themselves with courtesy and professionalism but expressed his concern
for the Police having to be utilized for what he felt was a violation of his rights under
the Open Meetings Act.
At the direction of the Chair, Agenda Item #2 was removed from the
Consent portion of the Agenda
On a motion by Brosnan, seconded by Laura, it was
#332-10 RESOLVED, that having considered a communication
from the Director of Community Resources, dated September 1, 2010,
which bears the signature of the Director of Finance and the City
Attorney and is approved for submission by the Mayor, to which is
attached a proposed Fiscal Year 2011 Municipal Credit Contract
between SMART and the City of Livonia for the period July 1, 2010, to
June 30, 2011, the Council does hereby authorize the Mayor and City
Clerk to execute the Municipal Credit 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
#333-10 RESOLVED, that having considered the report and
recommendation of the City Engineer, dated September 15, 2010,
which is 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 the Livonia Dermatology Plaza, 14801
Farmington 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 west side of
Farmington Road, south of Five Mile Road, in the Northeast %
of Section 21 (See attached Maintenance Agreement from the
owner, Pegouske/Moossavi Holdings LLC, indicating their
willingness to reimburse the City for any such maintenance that
may become necessary),
Regular Meeting Minutes of October 6, 2010 37689
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, and
3 To authorize the Mayor to execute the Maintenance Agreement
on behalf of the City
#334-10 RESOLVED, that having considered a communication
from the City Engineer, dated September 13, 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, the Council
does hereby amend and revise Council Resolution No 298-10 to read
as follows
RESOLVED, that having considered the report and
recommendation of the City Engineer, dated August 9, 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, and a communication from the City
Engineer, dated August 12, 2010, approved for submission by
the Mayor, regarding additional work required in connection with
the completion of the Civic Center/Library Drive Parking Lot
Improvement and Fire Stations #5 and #6 Parking Lot Paving
Project, previously authorized in Council Resolution 162-10,
adopted on May 12, 2010, the Council does hereby appropriate
and authorize the expenditure of the additional sum of
$87,891 30 ($23,041 00 for the Civic Center Library Parking Lot
and the Fire Station #5 Parking Lot from the Unexpended Fund
balance of the Capital Projects Fund (401) and $64,350 30 for
the Civic Center/Library Drive Reconstruction and Improvement
from the Unexpended Fund balance of the Local Street Fund
(203)) to be paid to Nagle Paving Company, 36788 Amrhein,
Livonia, Michigan 48150, and the City Engineer is hereby
authorized to approve minor adjustments in the work, as
needed, FURTHER, the Council does hereby authorize this
action without competitive bidding for the reasons indicated in
the aforesaid communication, and such action is taken in
accordance with Section 3 04 140 D 4 of the Livonia Code of
Ordinances, as amended
#335-10 RESOLVED, that having considered the report and
recommendation of the City Engineer, dated September 20, 2010,
which bears the signature of Director of Finance, is approved by the
Director of Public Works and approved for submission by the Mayor,
regarding an additional appropriation and expenditure for work
required in connection with the Newburgh Road Rehabilitation (1-96
Service Drive to Five Mile Road) and the construction of a dedicated
right turn lane (westbound Five Mile Road onto northbound Newburgh
Regular Meeting Minutes of October 6, 2010 37690
Road), previously authorized in Council Resolution 99-08, adopted on
March 12, 2008, the Council does hereby appropriate and authorize
the expenditure of the additional amount of $38,618 04 from the
Unexpended Fund balance of the Major Road Fund (202) to be paid to
Hubbell, Roth and Clark, P 0 Box 824, Bloomfield Hills, Michigan
48303-0824, in order to close out this project.
#336-10 RESOLVED, that having considered a letter from Nicole
Beckman and David Garcia, received in the Office of the City Clerk on
September 23, 2010, which requests permission to waive Section
8 32 070 (Noise Control) of the Livonia Code of Ordinances, as
amended, to allow a DJ to perform from approximately 5 00 p m until
11 00 p m at 16382 Farmington in connection with their wedding
scheduled for Saturday, October 9, 2010, the Council does hereby
determine to waive Section 8 32 070 (Noise Control) of the Livonia
Code of Ordinances between the hours of 5 00 p m and 11 00 p m in
connection with this event to be held on Saturday, October 9, 2010
#337-10 RESOLVED, that having considered a communication
from Angela and Joe Walsh, dated September 27, 2010, which
requests permission to waive Section 8 32 070 (Noise Control) of the
Livonia Code of Ordinances, as amended, to allow a musician to
perform from approximately 7 00 p m until 11 00 p m at 11019
Cranston in connection with an anniversary party scheduled for
Saturday, October 9, 2010, the Council does hereby determine to
waive Section 8 32 070 (Noise Control) of the Livonia Code of
Ordinances between the hours of 7 00 p m and 1000 p m in
connection with this event to be held on Saturday, October 9, 2010
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
A communication from the Human Resources Director, dated
September 16, 2010, submitting the Arbitration Opinion and Award for MERC Case
No D09 B-0220, for the Livonia Lieutenants and Sergeants Association (LLSA), was
received and placed on file for the information of the Council
On a motion by Brosnan, seconded by Toy, and unanimously adopted,
it was
Regular Meeting Minutes of October 6, 2010 37691
#338-10 RESOLVED, that having considered a communication
from the Human Resources Director, dated September 16, 2010,
approved for submission by the Mayor, which sets forth Civil Service
Resolution 10-376 adopted by the Civil Service Commission at its
Regular meeting of October 20, 2010, accepting the Arbitration
Opinion and Award for MERC Case No D09 B-0220, for the Livonia
Lieutenants and Sergeants Association (LLSA), the Council does
hereby concur in the recommendation of the Civil Service Commission
and the Arbitration Opinion and Award are hereby accepted as set
forth herein
A communication from the Office of the Mayor, dated September 28,
2010, forwarding information requested at the Finance, Budget and Technology
Committee meeting of September 21, 2010, from various departments and property
tax incentive information, was received and placed on file for the information of the
Council (CR 249-10)
A communication from the AFSCME Local 192 President, dated
September 13, 2010, re Water Department budgetary concerns, was received and
placed on file for the information of the Council (CR 249-10)
An e-mail communication from Council Vice President Joe Laura,
dated September 20, 2010, re budgetary concerns, was received and placed on file
for the information of the Council (CR 249-10)
A communication received on September 15, 2010, containing
"Supplement to Preliminary Budget 2010-2011 Personnel Worksheets", was
received and placed on file for the information of the Council (CR 249-10)
A communication received on September 15, 2010, containing "City of
Livonia Preliminary Budget Documents for Fiscal Year 2010-2011", was received
and placed on file for the information of the Council (CR 249-10)
A communication from the Department of Law, dated September 21,
2010, re comparing the City of Livonia Law Department's budget, staffing level and
Regular Meeting Minutes of October 6, 2010 37692
level of service to other similarly-sized communities in Michigan, was received and
placed on file for the information of the Council (CR 249-10)
A communication from the Office of the Mayor, dated September 21,
2010, re information on assigned City vehicles, was received and placed on file for
the information of the Council (CR 249-10)
On a motion by Pastor, seconded by Meakin, and unanimously
adopted, it was
#339-10 RESOLVED, that having considered the report and
recommendation of the Finance, Budget and Technology Committee,
dated September 21, 2010, submitted pursuant to Council Resolution
249-10, regarding the subject of the Annual Budget for the fiscal year
ending November 30, 2011, the Council does hereby refer the subject
of the Plymouth Road Development Authority (PRDA) to the Finance,
Budget and Technology Committee for its report and recommendation
Brosnan gave first reading to the following Ordinance
AN ORDINANCE AMENDING SECTION 3 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 2010-07-01-02)
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 Community Resources,
dated October 1, 2010, re alternative fuel vehicles, was received and placed on file
for the information of the Council
On a motion by Pastor, seconded by Meakin, and unanimously
adopted, it was
Regular Meeting Minutes of October 6, 2010 37693
#340-10 RESOLVED, that having considered the report and
recommendation of the Superintendent of Public Service -
Environment & Utilities, dated August 31, 2010, which bears the
signature of the Director of Finance, the Director of Public Works and
the Director of Community Resources and is approved for submission
by the Mayor, the Council does hereby authorize the purchase of one
(1) 2011 Ford E350 15 Passenger Club Wagon from Gorno Ford,
22025 Allen Road, Trenton, Michigan 48138, in the amount of
$61,085 00 for Community Transit from funds already budgeted in
Account No 218-889-985-000 (Community Transit Fund - Capital
Outlay) for this purpose, FURTHER, the Council does hereby
determine to authorize this purchase without competitive bidding
inasmuch as the same is based upon the low State of Michigan bid
price (under Contract No 07168200138), 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
On a motion by Toy, seconded by Brosnan, and unanimously adopted,
it was
#341-10 RESOLVED, that having considered a communication
from the Department of Law, dated September 23, 2010, approved for
submission by the Mayor, transmitting for Council acceptance a Grant
of Easement executed by Michael and Vickie Bell for a surface
drainage easement that was required in connection with the home
constructed at 17177 Brookview Drive in the Southeast IA of Section
11, more particularly described as
The East 12 feet of the West 30 feet following described parcel
Part of the SE 1/4 of Section 11, T 1 S , R 9 E , described as
commencing at the SE Corner of Section 11, thence North 89 degrees
58 minutes 03 seconds West 885 52 feet; thence North 00 degrees 19
minutes 49 seconds West 359 93 feet to the point of beginning, thence
South 89 degrees 57 minutes 40 seconds West 105 00 feet; thence
North 00 degrees 19 minutes 49 seconds West 60 00 feet; thence
North 89 degrees 57 minutes 40 seconds East 165 00 feet; thence
South 00 degrees 19 minutes 49 seconds East 60 00 feet; thence
South 89 degrees 57 minutes 40 seconds West 60 00 feet to the point
of beginning 0.227 Acres
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
Regular Meeting Minutes of October 6, 2010 37694
On a motion by Meakin, seconded by Pastor, and unanimously
adopted, it was
#342-10 RESOLVED, that having considered a communication
from the Department of Law, dated September 23, 2010, approved for
submission by the Mayor, transmitting for Council acceptance a Grant
of Easement executed by Michael and Vickie Bell in connection with
the development of a new sanitary sewer constructed at 17177
Brookview Drive in the Southeast '/4 of Section 11, more particularly
described as
The East 20 feet of the following described parcel
Part of the SE 1/4 of Section 11 , T 1 S , R 9 E , described as
commencing at the SE Corner of Section 11, thence North 89 degrees
58 minutes 03 seconds West 885 52 feet; thence North 00 degrees 19
minutes 49 seconds West 359 93 feet to the point of beginning, thence
South 89 degrees 57 minutes 40 seconds West 105 00 feet; thence
North 00 degrees 19 minutes 49 seconds West 60 00 feet; thence
North 89 degrees 57 minutes 40 seconds East 165 00 feet; thence
South 00 degrees 19 minutes 49 seconds East 60 00 feet; thence
South 89 degrees 57 minutes 40 seconds West 60 00 feet to the point
of beginning 0 227 Acres
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
On a motion by Pastor, seconded by Meakin, and unanimously
adopted, it was
#343-10 RESOLVED, that the Council does hereby suspend their
rules for procedure as outlined in Council Resolution 574-82 so as to
permit consideration of items that do not appear on the Agenda
On a motion by Toy, seconded by Brosnan, and unanimously adopted,
it was
#344-10 WHEREAS The State of Michigan Highways
Regulations Public Act 51 of 1951 that has been amended by Public
Act 54 of 1999, Public Act 9 of 2004 and Public Act 338 of 2006 to
allow for transfers from the Major Street and Trunkline Fund to the
Local Street Fund in the excess of 50% is permitted under Section 13
Regular Meeting Minutes of October 6, 2010 37695
(6) if the City has adopted and is following an asset management
process for its major and local street systems and adopts a resolution
which includes the following
• A list of the Major streets in the City,
• A statement that Major streets that are being adequately
maintained,
• Dollar amount of the transfer,
• The Local streets to be funded with the transfer, and
• A statement that the City is following an asset management
process for the Major and Local street systems
and
WHEREAS The City is following an asset management process for
our Major and Local street systems using the Pavement Surface
Evaluation and Rating System (PASER), and
WHEREAS Attachment "A" lists the Major streets in the City of
Livonia, and
WHEREAS The City has adequately maintained our Major roadway
system, and
WHEREAS In order to adequately fund projects that involve Local
Street Fund, the Finance Department requests $2,423,000 00 be
transferred from the Major Street and Trunkline Fund to the Local
Street Fund, and
WHEREAS This transfer will adequately fund the preservation of
Local streets provided in Attachment "B", be it
RESOLVED That the Finance Department be and is hereby
authorized to transfer $2,423,000 00 from Major Street Trunkline Fund
to the Local Street Fund as part of the City of Livonia's FY 2009
Budget process, BE IT FURTHER
RESOLVED That this amended resolution be given immediate effect.
There was no Audience Communication at the end of the meeting
Mayor Kirksey extended "Happy Anniversary" wishes to Jim and Lillian
McCann and congratulated them on 61 years of marriage
Regular Meeting Minutes of October 6, 2010 37696
On a motion by Schwartz, seconded by Pastor, and unanimously
adopted, this 1,666th Regular Meeting of the Council of the City of Livonia was
adjourned at 8 22 p m
1
TerrA. Marecki, City Clerk