HomeMy WebLinkAboutCOUNCIL MINUTES 2010-12-01 37753
MINUTES OF THE ONE THOUSAND SIX HUNDRED SEVENTIETH
REGULAR MEETING OF DECEMBER 1, 2010
On December 1, 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 Schwartz led the meeting with
an invocation
Roll was called with the following result: Conrad Schwartz, Brian
Meakin, Laura Toy, Maureen Miller Brosnan, and James McCann Absent: John
Pastor and 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, and Mayor Jack Kirksey
On a motion by Toy, seconded by Brosnan, and unanimously adopted,
it was
#414-10 RESOLVED, that the Minutes of the 1,669th Regular
Meeting of the Council held November 17, 2010, are hereby approved
as submitted
During Audience Communication, Nicholas Thornton, 29579
Nottingham Circle, addressed Council to express concern about semis being parked
overnight at the new Walmart store located at Middlebelt and Seven Mile Road In
addition, Mr Thornton stated there have been cabs and trailers left overnight at the
Sears store at the same location and stated these vehicles are basically abandoned
and inquired what storage limitations are in place to prohibit such vehicles from
being left in parking lots of businesses within the City
Sandra Thornton, 15564 Shadyside, expressed concern about the
debris left along the side of the Sears store located at the corner of Middlebelt and
Seven Mile Road and stated Sears does not live up to Livonia Code or standards
and the remodeled building looks unsightly and has debris left in the parking lot. Ms
Thornton inquired if the store's signage was in compliance with City Ordinances and
indicated it does not promote a good image of the City Ms Thornton concluded by
stating she did not feel Sears was being a good neighbor to the City of Livonia
Regular Meeting Minutes of December 1, 2010 37754
A communication from the Department of Finance, dated October 20,
2010, re forwarding various financial statements of the City of Livonia for the month
ending September 30, 2010, was received and placed on file for the information of
the Council
On a motion by Schwartz, seconded by Brosnan, it was
#415-10 RESOLVED, that having considered a letter from Bruce
Rosen, Director, Livonia Travel Baseball, Vice President of Livonia
Baseball and Softball Association, dated November 1, 2010, the
Council does hereby take this means to indicate that the Livonia
Baseball and Softball Association is recognized as a non-profit
organization operating in the community, and the action herein being
taken for the purpose of affording Livonia Baseball and Softball
Association an opportunity to obtain a charitable gaming license or
registration from the State of Michigan in accordance with provisions of
State statute
#416-10 RESOLVED, that having considered a letter from Lt.
Gregory Winn, Livonia Police Honor Guard, received in the Office of
the City Clerk on November 8, 2010, the Council does hereby take this
means to indicate that the Livonia Police Honor Guard is recognized as
a non-profit organization operating in the community, and the action
herein being taken for the purpose of affording Livonia Police Honor
Guard an opportunity to obtain a charitable gaming license or
registration from the State of Michigan in accordance with provisions of
State statute
#417-10 RESOLVED, that having considered the report and
recommendation of the City Engineer, dated November 15, 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 Construction
Engineering work required in connection with various road
improvements and traffic signal modernization on Newburgh Road,
from Laurel Park Drive North to Seven Mile Road, previously
authorized in Council Resolution 297-10, adopted on August 25, 2010,
the Council does hereby appropriate and authorize the expenditure of
the additional amount of $112,800 00 from the Unexpended Fund
Balance of the Michigan Transportation Fund (Major Roads) to be paid
to Orchard, Hiltz & McCliment, Inc , 34000 Plymouth Road, Livonia,
Michigan 48150, until federal funding becomes available for
reimbursement.
A roll call vote was taken on the foregoing resolutions with the following result:
Regular Meeting Minutes of December 1, 2010 37755
AYES Schwartz, Meakin, Toy, Brosnan, and McCann
NAYS None
On a motion by Toy, seconded by Brosnan, and unanimously adopted,
it was
#418-10 RESOLVED, that having considered the report and
recommendation of the Committee of the Whole, dated November 23,
2010, submitted pursuant to Council Resolution 360-10, regarding the
subject of extending the contract with Branch Tree Service, Inc for the
2011 Municipal Tree Trimming Program, the Council does hereby
approve a two (2) year extension of the existing contract with Branch
Tree Service, Inc , 24195 Mound Road, Warren, Michigan 48091, for
completing all work required in connection with the Municipal Tree
Trimming Program, and to provide personnel and equipment for
routine tree maintenance and tree emergencies in all sections of the
City, in connection with the 2011 and 2012 Municipal Tree Trimming
Program, for an estimated total cost not to exceed $460,000 00 per
year, based upon the Public Service Division's estimate of units
involved, and subject to final payment based upon the actual units
completed in accordance with the unit prices accepted herein (same
11% reduced prices as 2010), FURTHER, the Council does hereby
authorize an expenditure in an amount not to exceed $920,000 00 from
funds already budgeted for this purpose in Account No 205-527-818-
045, FURTHER, the Council does hereby approve the use of the
Daniel R. Andrew Public Works Facility for contractor parking of
trucks/equipment needed for the City's operations whenever the need
arises and as long as space is available, FURTHER, the Council does
hereby approve removing the requirement for performance and surety
bonding policies for the reasons stated in the aforementioned report
and recommendation, FURTHER, the Council does hereby authorize
the action herein 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
On a motion by Meakin, seconded by Toy, and unanimously adopted,
it was
#419-10 RESOLVED, that having considered the report and
recommendation of the Committee of the Whole, dated November 23,
2010, submitted pursuant to Council Resolution 146-95, regarding
Petition 94-12-2-35 submitted by Jack M Freij requesting to utilize an
SDD license for an existing store located within the Merri-Five
Shopping Center, on property located on the north side of Five Mile
Regular Meeting Minutes of December 1, 2010 37756
Road, between Merriman Road and Bainbridge Avenue, in the
Southwest 1/4 of Section 14, the Council does hereby determine to take
no further action with regard to this matter
On a motion by Schwartz, seconded by Meakin, and unanimously
adopted, it was
#420-10 RESOLVED, that having considered the report and
recommendation of the Committee of the Whole, dated November 23,
2010, submitted pursuant to Council Resolution 254-99, regarding
Petition 99-2-8-8 submitted by Phoenix Land Development requesting
site plan approval in connection with a proposal to construct
commercial buildings on property located at 33330 Plymouth Road
(Rosedale Town Square), in the Southwest 1/4 of Section 27, and the
proposed use of the balance of the George Burns Theatre property,
the Council does hereby determine to take no further action with
regard to this matter
A communication from Frank Kalinski, 9832 Berwick Street, dated
December 1, 2010, re transit within the City of Livonia, was received and placed on
file for the information of the Council (CR 364-02)
On a motion by Meakin, seconded by Toy, and unanimously adopted,
it was
#421-10 RESOLVED, that having considered the report and
recommendation of the Committee of the Whole, dated November 23,
2010, submitted pursuant to Council Resolution 364-02, regarding the
general issue of SMART - for tracking purposes, the Council does
hereby determine to take no further action with regard to this matter
On a motion by Brosnan, seconded by Schwartz, and unanimously
adopted, it was
#422-10 RESOLVED, that having considered the report and
recommendation of the Committee of the Whole, dated November 23,
2010, submitted pursuant to Council Resolutions 466-03, 575-03, 576-
03, 577-03, 578-03, regarding the subject of the proposed relocation of
the Northville Cider Mill (Parmenter's) to the Greenmead property, the
Council does hereby determine to take no further action with regard to
this matter
Regular Meeting Minutes of December 1, 2010 37757
On a motion by Toy, seconded by Schwartz, and unanimously
adopted, it was
#423-10 RESOLVED, that having considered the report and
recommendation of the Committee of the Whole, dated November 23,
2010, submitted pursuant to Council Resolution 550-04, regarding the
request for an additional payment from the City to The Senior Alliance
in the amount of $17,000 00 per year for the years 2005, 2006 and
2007 — for tracking purposes, the Council does hereby determine to
take no further action with regard to this matter
On a motion by Brosnan, seconded by Toy, it was
#424-10 RESOLVED, that having considered the recommendation
of the Department of Law, dated November 10, 2010, to amend
Section 380 of Title 13, Chapter 20 (Livonia Sewage Disposal System)
to provide for enforcement of the prohibition on discharging hazardous
waste into the City sewers, the Council does hereby refer this matter to
the Infrastructure and Community Transit Committee for its report and
recommendation
A roll call vote was taken on the foregoing resolution with the following result:
AYES Schwartz, Meakin, Toy, and Brosnan
NAYS McCann
The President declared the resolution adopted
A communication from the Department of Law, dated November 24,
2010, re work and costs associated with reports provided to the Inspection
Department by each colocator verifying compliance, was received and placed on file
for the information of the Council (Petition 2010-07-06-01)
A communication from the Department of Law, dated November 16,
2010, re annual fee information, was received and placed on file for the information
of the Council (Petition 2010-07-06-01)
On a motion by Meakin, seconded by Toy, it was
#425-10 RESOLVED, that having considered a communication
from the City Planning Commission, dated October 1, 2010, which sets
Regular Meeting Minutes of December 1, 2010 37758
forth its resolution 09-68-2010 adopted on September 28, 2010 with
regard to Petition 2010-07-06-01, submitted by the City Planning
Commission pursuant to Council Resolution 225-10 and Section
23 01(a) of Ordinance No 543, the Zoning Ordinance of the City of
Livonia, as amended, to determine whether or not to amend Section
18 42A of Article XVIII of the Zoning Ordinance in order to better insure
that operators and colocators do not have radio frequency (RF) energy
emissions or other detrimental field output and to require colocators
and operators to notify the Inspection Department of changes in
ownership and contact information, and the Council having conducted
a public hearing with regard to this matter on Monday, November 22,
2010, the Council does hereby approve Petition 2010-07-06-01 (as
revised to eliminate the proposed $150 00 certification fee) for
preparation of the Ordinance for submission to Council, and the
Department of Law is requested to prepare an Ordinance amending
Ordinance No 543, as amended, in accordance with this resolution
A roll call vote was taken on the foregoing resolution with the following result:
AYES Schwartz, Meakin, Toy, and Brosnan
NAYS McCann
The President declared the resolution adopted
There was no Audience Communication at the end of the meeting
Toy wished a Happy Birthday to Meakin and indicated his birthday was
coming up on December 11 th
President McCann wished a Happy 21st Birthday to his son, Tyler, who
celebrates his birthday on Friday, December 3rd and also wished a Happy 3rd
Birthday to his grandson, Kaiden, whose birthday is on Saturday, December 4th
On a motion by Meakin, seconded by Toy, and unanimously adopted,
this 1,670th Regular Meeting of the Council of the City of Livonia was adjourned at
8 25 p m
Ter . Marecki, City Clerk