HomeMy WebLinkAboutCOUNCIL MINUTES 2011-01-23 37797
MINUTES OF THE ONE THOUSAND SIX HUNDRED SEVENTY FIFTH
REGULAR MEETING OF FEBRUARY 23, 2011
41101. On February 23, 2011, the above meeting was held at the City Hall,
33000 Civic Center Drive, Livonia, Michigan and was called to order by the Vice
President of the Council at 8 00 p m Councilmember Brosnan led the meeting with
the Pledge of Allegiance with the assistance of Boy Scout Troup #270
Councilmember Brosnan then presented Certificates of Participation to the individual
Scout members of Troup #270 on behalf of the Council
Roll was called with the following result: Maureen Miller Brosnan,
Conrad Schwartz, John Pastor, Brian Meakin, and Joe Laura. Absent: Laura Toy
and James McCann
Elected and appointed officials present: Todd Zilincik, City Engineer;
Karen Tesner, Director of Legislative Affairs, Mark Taormina, City Planner; Don
Knapp, City Attorney; Terry Marecki, City Clerk; Alex Bishop, Director of Inspection,
Sue Daniel, Historical Commission member; former Councilmember Thomas
Robinson, and Mayor Jack Kirksey
On a motion by Pastor, seconded by Meakin, and unanimously
adopted, it was
#35-11 RESOLVED, that the Minutes of the 1,674th Regular
Meeting of the Council held February 9, 2011, are hereby approved as
submitted
Mayor Kirksey addressed Council and explained the snow storm of the
past holiday weekend brought approximately 10 1/2 inches of snow which forced the
City to use overtime for snow removal. Mayor Kirksey reported 98% of the snow has
been removed and residents should contact his office if they have any concerns or
need assistance with regard to additional snow removal on their street. Further,
Mayor Kirksey encouraged residents to help out neighbors who may need
assistance in removing snow at the approach of their driveways once their street has
Regular Meeting Minutes of February 23, 2011 37798
been plowed and acknowledged Boy Scout Troup #270 for providing assistance to
residents with shoveling snow in the recent past snow storms
There was no Audience Communication at the beginning of the
meeting
On a motion by Meakin, seconded by Pastor, it was
#36-11 RESOLVED, that having considered a letter from Joan
Gamache, dated January 26, 2011, which requests permission to
waive Section 8 32.070 (Noise Control) of the Livonia Code of
Ordinances, as amended, to allow a backyard wedding and reception
to be held at 9045 Lionel scheduled for Friday, May 20, 2011, the
Council does hereby determine to waive Section 8 32 070 (Noise
Control) of the Livonia Code of Ordinances until 11 00 p m in
connection with this event to be held on Friday, May 20, 2011
#37-11 RESOLVED, that having considered a communication
from the City Clerk, dated February 4, 2011, forwarding an application
submitted by Elizabeth Mount, 5974 Cottonwood Dr , Ypsilanti,
Michigan 48197, 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
#38-11 RESOLVED, that having considered a communication
from the City Clerk, dated February 7, 2011, forwarding an application
submitted by Michelle Stowell, 39640 Nine Mile Road, Novi, Michigan
48375, 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
#39-11 RESOLVED, that having considered a communication
from the City Clerk, dated February 4, 2011, forwarding an application
submitted by Mark Baran, 14998 Bassett St., Livonia, Michigan 48154,
for a massage apprentice 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
#40-11 RESOLVED, that having considered a communication
from the City Clerk, dated February 4, 2011, forwarding an application
submitted by Danylle Egnatios, 29745 Richland, Livonia, Michigan
48150, for a massage apprentice permit and in accordance with
Regular Meeting Minutes of February 23, 2011 37799
Chapter 5 49 of the Livonia Code of Ordinances, as amended, the
Council does hereby approve this request in the manner and form
a herein submitted, and the City Clerk is hereby requested to do all
things necessary or incidental to the full performance of this resolution
Ir
#41-11 RESOLVED, that having considered a communication
from the City Clerk, dated February 7, 2011, forwarding an application
submitted by Shantell Kimbrough, 5743 14th St., Detroit, Michigan
48208, for a massage apprentice 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
#42-11 RESOLVED, that having considered a communication
from the City Clerk, dated February 4, 2011, forwarding an application
submitted by Vijay Patel, d/b/a LaVida Massage Center, for a massage
establishment license for property located at 30985 Five Mile Road,
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
A communication from the Office of the City Clerk, dated January 31,
lir
2011, re salaries of elected officials for the calendar years 2012 and 2013 as
determined by the Local Officers Compensation Commission, was received and
placed on file for the information of the Council
#43-11 RESOLVED, that having considered a communication
from the Historical Commission and Friends of Greenmead, dated
February 1, 2011, submitted pursuant to Council Resolution 981-90,
which bears the signature of the Director of Community Resources, the
Director of Finance, and the City Attorney and is approved for
submission by the Mayor, the Council does hereby accept the proposal
of Neumann Smith Architecture, 400 Galleria Office Centre, Suite 555,
Southfield, Michigan 48034, for an Architectural Survey and
Preservation Design Services through the construction phase in
connection with the restoration of the Simmons/Hill House located at
Greenmead, in an amount not to exceed $71,000 00 (plus normal
reimbursable costs to be invoiced at direct cost not to exceed
$1,000 00), the same to be appropriated and expended from Account
No 723-000-976-000 (Historical Commission Trust Fund) for this
purpose, FURTHER, the Council does hereby authorize the said item
without competitive bidding for the reasons indicated in the aforesaid
Regular Meeting Minutes of February 23, 2011 37800
communication, and such action is taken in accordance with the
provisions set forth in Section 3 04 140 D 2 of the Livonia Code of
Ordinances, as amended, FURTHER, the Council does hereby
authorize the Mayor and City Clerk, for and on behalf of the City of
Livonia, to execute a contract with the aforesaid company and to do to
all things necessary or incidental to the full performance of this
resolution.
#44-11 RESOLVED, that having considered the report and
recommendation of the Superintendent of Public Service — Operations
and the Director of Public Works, dated January 26, 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
Greener Still, Inc , 19119 Schoolcraft, Detroit, Michigan 48223, for
completing all work required in connection with the City's 2011 Tree
and Stump Removal Program for an estimated total cost not to exceed
$84,616 00, said estimated cost and unit prices having been in fact the
lowest bid received for this item and meets all specifications,
FURTHER, the Council does hereby authorize an expenditure in the
amount of $84,616 00 from funds already budgeted in Account No
205-527-818-045 (Municipal Refuse Fund Contractual Services -
Forestry) for this purpose, and the Director of Public Works is 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 and to do all other things necessary or incidental to
the full performance of this resolution
#45-11 RESOLVED, that having considered the report and
recommendation of the Superintendent of Public Service — Operations
and the Director of Public Works, dated January 26, 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
Greg Davis Landscape Services, Inc , 20525 Fremont, Livonia,
Michigan 48150, for completing all work required in connection with the
City's 2011 Street Tree Planting Program for the estimated total cost of
$132,958 00, 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,
said estimated cost and unit prices having been in fact the lowest bid
received for this item, FURTHER, the Council does hereby authorize
the expenditure of a sum not to exceed $132,958 00 from funds
already budgeted in the following accounts Forestry, Trees,
Landscape, Materials (Account No 101-781-785-000) and Parks,
Seeding, Planting Supplies (Account No 101-781-818-020) in the
amount of $17,263 00, and the Road, Sidewalk and Tree Fund
(Account No 204-781-818-047) in the amount of $115,695 00 for this
purpose, FURTHER, in the event the low bidder is unable to supply
Regular Meeting Minutes of February 23, 2011 37801
certain species of trees, the Council does hereby accept the unit price
bid of the second lowest bidder, Weyand Bros Inc , 10888 Swan
Creek Rd , Saginaw, Michigan 48609, to supply those species for the
City's 2011 Street Tree Planting Program for the estimated total cost of
Ai, $137,655.21, FURTHER, the Council does hereby authorize the
Public Service Division to purchase additional trees at the unit prices
bid for a total amount for all work required in connection with the City's
2011 Street Tree Planting Program not to exceed $160,000 00, and
the Director of Public Works is 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
#46-11 RESOLVED, that having considered the report and
recommendation of the Director of Public Works, dated February 2,
2011, which bears the signature of the Director of Finance and is
approved for submission by the Mayor, the Council does hereby
accept the following low bids which meet specifications for supplying
the Public Service Division (Road Maintenance Section) with
aggregates (road gravel, slag and stone) specified at the unit prices bid
for the City's 2011 calendar year requirements
1 North Star Ranch, 3575 W Grand River, Howell, Michigan 48855
WC DPS — 22X — DTY $6 70 per ton
M D O T — Class ll — DTY 5 60 per ton
M D 0 T — 2NS — Natural Sand — D T Y 8 35 per ton
Pea Gravel — D T Y 11 00 per ton
36" Boulders — D T Y 49 00 per ton
2 Ellsworth Industries, Inc., P 0 Box 5366, Plymouth, Michigan
48170
M D 0 T —21 AA — Limestone — D T Y $ 9 78 per ton
M D O T — 22A— DTY 8 75 per ton
M D 0 T —2MS — Mortar Sand — D T Y 910 per ton
Ag-Lime — "Parks" — D T Y 11 09 per ton
3 Hayball Transport, Inc , 12550 Farmington, Livonia, Michigan
48150
WCDPS — 30A (Blast Furnace Slag) — D T Y $ 12 55 per ton
M DOT — 2MS — Mortar Sand — D T Y9 10 per ton
60-40 Washed — Conc Aggregates — D T Y 11 15 per ton
4 Osburn Industries, 5850 Pardee, Taylor, Michigan 48180
Regular Meeting Minutes of February 23, 2011 37802
WCDPS — 22X — DTY $ 670 per ton
5 Freeport Supply Co., 20091 Pennsylvania, Brownstown,
Michigan 48193
1" to 3" Crushed Concrete— D T Y $ 8 50 per ton
M D O T — 6A Natural Stone — DTY 10 00 per ton
8" — 16" Limestone — D T Y 19 75 per ton
FURTHER, in the event the aforesaid low bidders are unable to furnish
the materials, the Council does hereby accept the following second
lowest bids, which also meet specifications, as alternates for supplying
the Public Service Division (Road Maintenance Section) with the
materials specified at the unit prices bid for the City's 2011 calendar
year requirements
1 North Star Ranch, 3575 W Grand River, Howell, Michigan 48855
MDOT —22A — DTY $ 900 per ton
M DOT —2MS — Mortar Sand — D T Y 935 per ton
60-40 Washed — Conc Aggregates — D T Y 11.25 per ton
Ag-Lime — "Parks" — D T Y 11 60 per ton
8" — 16" Limestone — D T Y 20.25 per ton
2 Jackie's Transport, Inc., 7811 Chubb Road, Northville, Michigan
48168
MDOT — Classll — DTY $ 589 per ton
M D 0T — 2NS — Natural Sand — D T Y 848 per ton
Pea Gravel — D T Y 11 27 per ton
M D O T —6A Natural Stone — DTY 10 69 per ton
3 Hayball Transport, Inc., 12550 Farmington, Livonia, Michigan
48150
1" to 3" Crushed Concrete — D T Y $ 8 60 per ton
8" — 16" Limestone — D T Y 20.25 per ton
4 Osburn Industries, 5850 Pardee, Taylor, Michigan 48180
M D O T — 21AA — Limestone — DTY $10 45 per ton
WCDPS — 30A (Blast Furnace Slag) — D T Y 12 65 per ton
5 Freeport Supply Co , 20091 Pennsylvania, Brownstown,
Michigan 48193
WCDPS — 22X — DTY $ 690per ton
36" Boulders — D T Y 50 00 per ton
Regular Meeting Minutes of February 23, 2011 37803
FURTHER, the Council does hereby authorize the expenditure of
funds already budgeted from Account No 101-463-782-000 (Roads
Maintenance Section) for this purpose
#47-11 RESOLVED, that having considered a communication
from the City Planning Commission, dated January 27, 2011, which
transmits its resolution 01-01-2011, adopted on January 25, 2011, with
regard to Petition 2010-12-02-19, submitted by Ed Khalil requesting
waiver use approval to construct and operate a quick oil change facility
(Lube Cube) on property located on the south side of Plymouth Road,
between Harrison Road and Deering Avenue (28085 Plymouth Road),
in the Northeast 1/4 of Section 36, which property is zoned C-2, the
Council does hereby concur in the recommendation made by the City
Planning Commission and Petition 2010-12-02-19 is hereby approved
and granted, subject to the following conditions
1 That the Site Plan marked Sheet S-1 prepared by ECKO Inc ,
dated December 16, 2010, is hereby approved and shall be
adhered to except that one parking space in the front closest to
Plymouth Road and one parking space in the rear closest to the
building shall be removed and replaced with landscaping to the
satisfaction of the Planning Department;
2 That the landscaping shown on the above-referenced Site Plan
is hereby approved and shall be completed in accordance with
said plan, subject to the following stipulations
- That all planted materials shall be installed to the
satisfaction of the Inspection Department and thereafter
permanently maintained in a healthy condition, and any
existing plant material to remain or be relocated that is
dead or dying shall be replaced with new plant material of
the same variety or with a variety of equal quality and
growth characteristics,
- That all disturbed lawn areas shall be sodded in lieu of
hydroseeding,
- That all landscaped and sodded areas shall be provided
with an automatic underground irrigation system,
3 That the landscaped greenbelt along the south property line
shown on the above-referenced Site Plan is hereby accepted
and shall be substituted for the protective wall required by
Section 18 45 of the Zoning Ordinance That in the event of any
change of circumstances in the area containing the greenbelt
resulting in a diminution of the greenbelt's effectiveness as a
protective barrier, the owner of the property shall be required to
Regular Meeting Minutes of February 23, 2011 37804
submit such changes to the Planning Commission for their
review and approval or immediately construct the protective
wall,
4 That the issues specified in the Plymouth Road Development
Authority (PRDA) Resolution #2011-04 shall be resolved to the
satisfaction of the Planning Director, including reversing the
traffic flow so that vehicles being serviced enter the building
from the rear (south) and exit through the front (north),
5 That the Building Elevations Plans, both marked Sheet A-1
prepared by ECKO Inc , dated December 16, 2010, are hereby
approved and shall be adhered to,
6 That any 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,
7 That the three walls of the trash dumpster area shall be
constructed out of building materials that shall complement 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 in use closed at all times,
8 That all parking spaces shall be double striped, including the
provision of barrier free parking with proper signage, marking
and configuration, and all regular spaces shall be 10 feet by 20
feet in size as required,
9 That all light poles shall be a maximum of 20 feet high including
the base and all light fixtures shall be shielded to minimize glare
trespassing on adjacent properties and roadway;
10 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),
11 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,
REVISED
Regular Meeting Minutes of February 23, 2011 37805
12 That no LED Iightband or exposed neon shall be permitted on
this site including, but not limited to, the building or around the
windows, and
13 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
#48-11 RESOLVED, that having considered a letter from the
Michigan Liquor Control Commission, dated November 15, 2010, and
the report and recommendation of the Chief of Police, dated February
10, 2011, approved for submission by the Mayor, the Council does
hereby approve of the request from Joe's Produce Company for
transfer of ownership of a 2010 Class C licensed business located in
escrow at 22350 W Warren, Detroit, Michigan 48239, Wayne County,
from El Chihuahua Mexican Restaurant, Inc , transfer location
(Governmental Unit) under MCL 436 1531(1), and change nature of
business to SDM license to be held in conjunction with Class C license
for a business located at 33152 W Seven Mile, Livonia, Michigan
48152, Wayne County; and the City Clerk is hereby requested to
forward a certified copy of this resolution to the Michigan Liquor
Control Commission
A roll call vote was taken on the foregoing resolutions with the following result.
AYES Brosnan, Schwartz, Pastor, Meakin, and Laura
NAYS None
Pastor gave first reading to the following Ordinance
AN ORDINANCE AMENDING SECTIONS 070 AND 080 OF
TITLE 8, CHAPTER 40 (NOXIOUS WEEDS AND REFUSE) 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
Pastor invoked the Emergency Clause and gave second reading to the
foregoing Ordinance and a roll call vote was taken thereon with the following result:
AYES Brosnan, Schwartz, Pastor, Meakin, and Laura.
NAYS None
Regular Meeting Minutes of February 23, 2011 37806
The Vice President declared the foregoing Ordinance duly adopted, and would
become effective on publication
Christopher Martin, 12275 Inkster Road, addressed Council to express concern
regarding the proposed fee increase for weed/grass cutting and refuse removal as
well as to inquire if the City understood the difference between weeds and wild
flowers Mr Martin indicated his belief the proposed fee increase was merely a
revenue generating measure for the City
On a motion by Brosnan, seconded by Meakin, and unanimously
adopted, it was
#49-11 RESOLVED, that having considered the report and
recommendation of the Director of Inspection, dated February 2, 2011,
which bears the signature of the Director of Finance and is approved
for submission by the Mayor, the Council does hereby refer the subject
matter of weeds to the Capital Improvement, Natural Resources, and
Waste Management Committee for its report and recommendation
A communication from the Water and Sewer Board, dated February
17, 2011, re approving the resolution adopted at their meeting of February 7, 2011,
regarding funding for the FY 2012 State Revolving Fund (SRF) Project Plan and
Sanitary Sewer Master Plan, was received and placed on file for the information of
the Council
A communication from the Engineering Division, dated February 23,
2011, re additional information concerning the award of design services for the FY
2012 State Revolving Fund (SRF) Project Plan and Sanitary Sewer Master Plan,
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
#50-11 RESOLVED, that having considered the report and
recommendation of the City Engineer, dated February 3, 2011, which
bears the signature of the Director of Finance, is approved by the
Director of Public Works and approved for submission by the Mayor, to
which is attached a proposal from Orchard, Hiltz & McCliment, Inc
Regular Meeting Minutes of February 23, 2011 37807
(OHM) dated February 3, 2011, and having considered a resolution
from the Water and Sewer Board (WS# 4096) adopted on February 7,
2011, wherein the Board granted its approval for funds in the amount
of $96,000 00 to be taken from the Unexpended Fund Balance of the
Water and Sewer Fund to take advantage of S2 grant funding of up to
one (1) million dollars, the Council does hereby authorize the Mayor
and City Clerk, for and on behalf of the City of Livonia, to execute a
contract between the City of Livonia and Orchard, Hiltz & McCliment
(OHM), 34000 Plymouth Road, Livonia, Michigan 48150, to provide
design services for the FY 2012 State Revolving Fund (SRF) Project
Plan and Sanitary Sewer Master Plan in an amount not to exceed
$96,000 00, FURTHER, the Council does hereby appropriate and
authorize an expenditure in an amount not to exceed $96,000 00 from
Account No 592-138-010 (Unexpended Fund Balance of the Water &
Sewer Fund) for this purpose, and the City Engineer is hereby
authorized to approve minor adjustments in the work, as it becomes
necessary
Two representatives from Orchard, Hiltz & McCliment, Inc (OHM) were available in
the audience to answer any questions of Council
On a motion by Brosnan, seconded by Pastor, and unanimously
adopted, it was
#51-11 RESOLVED, the Council does hereby refer the subject
matter of the FY 2012 State Revolving Fund (SRF) Project Plan and
Sanitary Sewer Master Plan to the Infrastructure and Community
Transit Committee for tracking purposes
On a motion by Brosnan, seconded by Pastor, and unanimously
adopted, it was
#52-11 WHEREAS, the City Clerk has received an Application
for Industrial Facilities Exemption Certificate from Quality Metalcraft,
Inc , dated January 11, 2011, covering new industrial facilities to be
located within City of Livonia Industrial Development Overlay District
No 109,
WHEREAS, the City Clerk has notified in writing the Assessor of the
City of Livonia as well as the legislative body of each taxing unit which
levies ad valorem property taxes in the local governmental unit in
which the proposed facility is to be located, i e , the City of Livonia, and
advised each of them that the said Application has been received, and
WHEREAS, the City Council has afforded Quality Metalcraft, Inc , the
Assessor, and a representative of each of the affected taxing units an
Regular Meeting Minutes of February 23, 2011 37808
opportunity for a hearing on this Application and said hearing having in
fact been conducted at 7 00 p m , Monday, February 14, 2011, at the
Livonia City Hall, 33000 Civic Center Drive, Livonia, Michigan
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
LIVONIA AS FOLLOWS
1 That the City Council, on the basis of the information received
from the applicant, Quality Metalcraft, Inc , finds and
determines (a) that the granting of this Industrial Facilities
Exemption Certificate shall not have the effect of substantially
impeding the operation of the local governmental unit or
impairing the financial soundness of any taxing unit which levies
an ad valorem property tax in the local governmental unit in
which the facility is to be located, and (b) the applicant has fully
complied with the requirements of Section 9, Act No 198, P.A.
1974, as amended
2 That the City Council hereby approves the Application for
Industrial Facilities Exemption Certificate from Quality
Metalcraft, Inc covering new industrial facilities to be located
within the City of Livonia Industrial Development Overlay District
No 109, for 9 years
3 That in accordance with the requirements of Section 22, Act
198, P.A. 1974, as amended, wherein a Letter of Agreement
between the applicant and the City is required in order to clarify
the understanding and the commitment between the applicant
and the City Council upon approval of an Industrial Facilities
Exemption Certificate, the Council hereby authorizes the Mayor
and City Clerk to sign such Letter of Agreement as duly
executed by the applicant and incorporate such Letter of
Agreement as part of the documentation required to process
applications for Industrial Facilities Exemption Certificates.
There was no Audience Communication at the end of the meeting
On a motion by Meakin, seconded by Brosnan, and unanimously
adopted, this 1,675th Regular Meeting of the Council of the City of Livonia was
adjourned at 8 29 p m
4 Gj�tt�u/x�
Terry Marecki, City Clerk
37809
MINUTES OF THE ONE THOUSAND SIX HUNDRED SEVENTY SIXTH
REGULAR MEETING OF MARCH 9, 2011
On March 9, 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 Schwartz led the meeting with the Pledge of
Allegiance
Roll was called with the following result: Conrad Schwartz, John
Pastor, Brian Meakin, Joe Laura, Laura Toy, and James McCann Absent:
Maureen Miller Brosnan
Elected and appointed officials present: Todd Zilincik, City Engineer;
Karen Tesner, Director of Legislative Affairs, Mark Taormina, City Planner; Don
Knapp, City Attorney; Terry Marecki, City Clerk, and Mayor Jack Kirksey
On a motion by Pastor, seconded by Schwartz, it was
#53-11 RESOLVED, that the Minutes of the 1,675th Regular
Meeting of the Council held February 23, 2011, are hereby approved
as submitted
A roll call vote was taken on the foregoing resolution with the following result:
AYES Schwartz, Pastor, Meakin, and Laura
NAYS None
PRESENT Toy and McCann
The President declared the resolution adopted
Schwartz presented a proclamation on behalf of City Council and the
Mayor in support of the National Multiple Sclerosis Society to recognize the "World
Multiple Sclerosis Awareness Week" and indicated Livonia will celebrate same the
week of March 14th through March 20th Schwartz presented the proclamation to
Livonia resident Joanne Camiller
Joanne Camiller was present to accept the Proclamation and thanked
Council for their support and appreciated recognition of the Multiple Sclerosis
Regular Meeting Minutes of March 9, 2011 37810
Society Ms Camiller explained research is crucial to combat this disease and the
more people that are registered equals more research projects for the State of
Michigan Ms Camiller explained the event will have a lot of media coverage and
scheduled events to spread awareness of Multiple Sclerosis and provided the
website address of www.nationalmssociety org/miq for residents to obtain additional
information
Laura Cox, Wayne County Commissioner, addressed Council to
explain that she supported funding for various City park projects to help replace back
stops of baseball diamonds that were in need of repair and to obtain funding for the
Idyl Wyld Stabilization Project from the Wayne County Parks millage funding Ms
Cox stated she was glad to bring funding back to the Livonia community to provide
much needed work at local parks and thanked Council for their support.
President McCann congratulated Livonia's Ford Transmission Plant on
receiving the "Clean Corporate Citizen Award" again from the Michigan Department
of Environmental Quality President McCann thanked and congratulated Ford Motor
Company for their continued, diligent efforts to enhance Michigan natural resources
During Audience Communication, Christopher Martin, 12275 Inkster
Road, addressed Council to express his disagreement with a notice that was
presented to his neighbors for a Zoning Board of Appeals matter that was scheduled
to be heard on March 22nd with regard to possible fence installation at his business
located on Inkster Road
Scott Bahr, 14416 Summerside, addressed Council to explain he
participated in the Livonia Community Marketing Consortium project and was
pleased to announce they have completed a website for Livonia which they hope will
become Livonia's "cyber downtown" Mr Bahr stated the site will go live on
Thursday, March 'Mtn and the website's address was www.LivoniaSpirit.orq Mr
Bahr explained the website was designed to be a first stop for all things Livonia to
include an interactive map of the community, one single event calendar, and will
have useful links as well. Mr Bahr encouraged all Council members and residents
to visit the website and provide feedback so the website can be updated and evolve
to help promote Livonia as a community with great community spirit.
On a motion by Toy, seconded by Pastor, it was
#54-11 RESOLVED, that having considered a communication
from the City Clerk, dated February 17, 2011, forwarding an application
submitted by Leka Smith, 20557 Northville Place, Apt. 2107, Northville,
Michigan 48167, 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
Regular Meeting Minutes of March 9, 2011 37811
#55-11 RESOLVED, that having considered a letter from Jessica
Schulte, Event Production Manager, Event 360, Inc , Susan G Komen
3-Day for the Cure, dated January 25, 2011, which requests
permission to waive Sections 8 32 070 (Noise Control) and 12 20 080
(Public Lands) of the Livonia Code of Ordinances, as amended, in
connection with their Breast Cancer 3-Day EventNValk, which will take
place in Livonia from August 12 through August 14, 2011, to allow the
playing of music and announcements via loudspeakers, as well as the
erection and use of tents on public land (Rotary Park), the Council
does hereby grant and approve this request in the manner and form
herein submitted, subject to providing the City with evidence of liability
insurance coverage and execution of an appropriate Hold Harmless
Agreement.
#56-11 RESOLVED, that having considered a communication
from the Mayor, dated February 9, 2011, concerning the reappointment
of Lora Weingarden to the Board of Ethics, and pursuant to Section
2 200 070 of the Livonia Code of Ordinances, as amended, the Council
does hereby consent to and confirm the reappointment of Lora
Weingarden, 32941 Southgate, Livonia, Michigan 48152, to the Board
of Ethics for a three year term commencing March 1, 2011, and
expiring March 1, 2014
#57-11 RESOLVED, that having considered a communication
from Councilmember Laura Toy, dated February 28, 2011, regarding
the subject of athletic recognition signs, the Council does hereby refer
this matter to the Legislative Affairs Committee for its report and
recommendation
#58-11 RESOLVED, that having considered the report and
recommendation of Superintendent of Parks and Recreation, dated
February 11, 2011, 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 Intergovernmental Agreement
between the City of Livonia and the County of Wayne for various
improvements at Idyl Wyld Golf Course, as well as baseball/softball
diamond renovations at Bicentennial Park, Beverly Park, Castle
Gardens Park, Compton Park, Dooley Park, McCann Park and Moelke
Park utilizing grant funds, the Council does hereby authorize the Mayor
and City Clerk, for and on behalf of the City of Livonia, to execute this
agreement in the manner and form herein submitted, FURTHER, the
Council does hereby authorize the expenditure of the sum of$1,722 00
(the City's estimated share of the total estimated cost of this project of
$251,722 00) from the Golf Course Capital Improvement Fund 409 for
this purpose, and the City Clerk is hereby requested to forward a
certified copy of this resolution, together with the signed agreements,
to the Wayne County Department of Public Services
Regular Meeting Minutes of March 9, 2011 37812
#59-11 RESOLVED, that having considered the report and
recommendation of the City Engineer, dated February 14, 2011, 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 repair of sidewalks in the City of Livonia pursuant to the
2010 Sidewalk Program, at the locations and in the amounts indicated
in the attachment to the aforesaid communication, which work was
done pursuant to Council Resolution No 113-10 and in accordance
with the provisions of Section 340 of Title 12, Chapter 4 of the Livonia
Code of Ordinances, as amended, the City Treasurer is hereby
directed to send a statement of charges to all property owners in the
amounts listed above in accordance with Section 150 of Title 3,
Chapter 8 of the Livonia Code of Ordinances, as amended, and the
Council does hereby establish the evening of June 8, 2011, at 8 00
p m at the Livonia City Hall, 33000 Civic Center Drive, Livonia,
Michigan, as the time and place when the Council shall meet for the
purpose of adopting a resolution placing a special assessment upon
said property for such charges unless the same are paid prior to the
date of such meeting, and the City Clerk and City Treasurer are hereby
requested to do all things necessary or incidental to the full
performance of this resolution
#60-11 RESOLVED, that having considered a communication
from the City Planning Commission, dated February 10, 2011, which
transmits its resolution 02-06-2011, adopted on February 8, 2011, with
regard to Petition 2010-12-02-20, submitted by Richard Mancini
requesting waiver use approval to operate a used auto dealership
(Mancini Motors) with outdoor display of vehicles on property located
on the north side of Plymouth Road between Middlebelt Road and
Camden Avenue (29074 Plymouth Road), in the Southwest 1/4 of
Section 25, which property is zoned C-2, the Council does hereby
concur in the recommendation made by the City Planning Commission
and Petition 2010-12-02-20 is hereby approved and granted, subject to
the following conditions
1 That the Site Plan received by the Planning Commission on
December 17, 2010, is hereby approved and shall be adhered
to,
2 That the landscaping shown on the above-referenced Site Plan,
as well as the Plymouth Road Landscape Plan date stamped
February 1, 2011, are hereby approved and shall be adhered to,
subject to the following stipulations
That all planted materials shall be installed to the
satisfaction of the Inspection Department and thereafter
permanently maintained in a healthy condition, and any
existing plant material to remain or be relocated that is
Regular Meeting Minutes of March 9, 2011 37813
dead or dying shall be replaced with new plant material of
the same variety or with a variety of equal quality and
growth characteristics,
- That all disturbed lawn areas shall be sodded in lieu of
hydroseeding,
- That all landscaped and sodded areas shall be provided
with an automatic underground irrigation system,
3 That the issues specified in the Plymouth Road Development
Authority (PRDA) Resolution #2011-04 shall be resolved to the
satisfaction of the Planning Director;
4 That the landscaped greenbelt along the north property line
shown on the above-referenced Site Plan is hereby accepted
and shall be substituted for the protective wall required by
Section 18 45 of the Zoning Ordinance That in the event of any
change of circumstances in the area containing the greenbelt
resulting in a diminution of the greenbelt's effectiveness as a
protective barrier, the owner of the property shall be required to
submit such changes to the Planning Commission for their
review and approval or immediately construct the protective
wall,
5 That the number of vehicles on display outdoors be limited to
twenty (20) within the areas shown on the site plan, and that no
vehicles for sale shall be displayed closer than twenty feet (20')
from the front lot line,
6 That there shall be no outdoor storage of auto parts, equipment,
scrap material, waste petroleum products or other similar items
in connection with the auto service facility, and the overhead
doors, when not in use for vehicles entering or exiting the
service facility, shall be closed at all times,
7 That all parking spaces shall be double striped, including the
provision of barrier free parking with proper signage, marking
and configuration, and all regular spaces shall be 10' by 20' in
size as required,
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 lightband or exposed neon shall be permitted on
the site including, but not limited to, the building or around the
windows,
Regular Meeting Minutes of March 9, 2011 37814
10 That no loud speakers shall be used outside the building,
11 That the auto service facility shall not have more than three (3)
bays or work stations,
12 That the entire site shall be cleaned up and all abandoned
equipment, trailers and rubbish shall be removed,
13 That the hours of operation shall be Monday and Thursday from
9 00 a m to 9 00 p m , Tuesday, Wednesday and Friday from
9 00 a m to 6 00 p m , and closed on Saturday and Sunday;
14 That any lighting equipment added to the site, including fixtures
mounted on the existing utility poles, shall be directed and
shielded/hooded so as to minimize glare trespassing on
adjacent properties and roadways, that the height of such
equipment shall be limited to 20 feet where possible, and that all
lights, except for low-level security lighting (i e , 250W or less)
shall be turned off each night within one (1) hour after the
business closes,
15 That only minor repairs and maintenance work on vehicles be
conducted at this site, and the repair work shall not include
collision repair; and
16 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
#61-11 RESOLVED, that having considered a communication
from the Department of Law, dated February 11, 2011, which bears the
signature of the City Treasurer and is approved for submission by the
Mayor, the Council does hereby approve the attached Pay
Connexionsm Agreement between the City of Livonia and JP Morgan
Chase, to allow the Treasurer's Office the ability to accept credit and
debit card payments with the understanding that the convenience fees
set forth therein (2 5% of the payment amount, with a minimum of
$3 95 per payment, for credit card and signature debit card payments
and $3 95 per payment for PIN debit card payments) will be paid by
the taxpayer; FURTHER, the Council does hereby authorize the Mayor
and City Clerk, for and on behalf of the City of Livonia, to execute the
attached Agreement in the manner and form herein submitted and to
do all things necessary or incidental to the full performance of this
resolution
A roll call vote was taken on the foregoing resolutions with the following result:
AYES Schwartz, Pastor, Meakin, Laura, Toy, and McCann
Regular Meeting Minutes of March 9, 2011 37815
NAYS None
On a motion by Meakin, seconded by Toy, it was
#62-11 RESOLVED, that having considered the report and
recommendation of the Director of the Housing Commission, dated
February 17, 2011, which bears the signature of the Director of
Finance and is approved for submission by the Mayor, and to which is
attached a report containing an explanation of the proposed 2011-2012
Community Development Block Grant (CDBG) Program and tentative
Budget, the Council does hereby take this means to indicate its
informal approval of the proposed program and tentative Budget and
does further authorize the Housing Commission to conduct a second
public hearing on this matter for public comment and to thereafter
prepare a final program and Budget for submission to the City Council
A roll call vote was taken on the foregoing resolution with the following result:
AYES Schwartz, Pastor, Meakin, Toy, and McCann
NAYS Laura
The President declared the resolution adopted
A communication from the Public Service Division, dated March 1,
2011, forwarding copies of bids received for the Annual Household Hazardous
Waste event, was received and placed on file for the information of the Council
On a motion by Pastor, seconded by Schwartz, it was
#63-11 RESOLVED, that having considered a communication
from the Superintendent of Public Service — Municipal Services and
the Director of Public Works, dated February 14, 2011, which bears the
signature of the Director of Finance and the City Attorney, and is
approved for submission by the Mayor, regarding the City's Annual
Household Hazardous Waste Drop-off Day event for the service years
2011 through 2013, the Council does hereby authorize the Mayor and
City Clerk, for and on behalf of the City of Livonia, to execute a
contract with Environmental Recycling Group, 13040 Merriman Road,
Suite 200, Livonia, Michigan 48150-1816, to provide services for the
2011 through 2013 Household Hazardous Waste Collection Program,
the Livonia event being held on April 30, 2011, at Ford Field, in a total
amount not to exceed $178,605 00, the same having been the lowest
bid received and meets all specifications, FURTHER, the Council does
hereby authorize an expenditure in an amount not to exceed
$178,605 00 from funds already budgeted in Account No 205-527-
Regular Meeting Minutes of March 9, 2011 37816
818-035 (Municipal Refuse Fund) for this purpose, FURTHER, in the
event the low bidder is unable to perform the work requested, the
Council does hereby authorize the Mayor and City Clerk, for and on
behalf of the City of Livonia, to execute a contract with the second
lowest bidder, EQ Industrial Services, Inc , 2701 North 1-94 Service
Drive, Ypsilanti, Michigan 48198, to provide back up services for the
2011 through 2013 Household Hazardous Waste Collection Program
for the estimated total cost of $188,895 00, FURTHER, the Council
does hereby authorize payment to the City of Northville, 215 West
Main Street, Northville, Michigan 48167-1540, in an amount not to
exceed $90,000 00 for Livonia residents' use of the
Northville/Northville Township Household Hazardous Waste Drop-Off
event for the service years 2011 through 2013 (dates to be
determined), from funds already budgeted in Account No 205-527-
818-035 (Municipal Refuse Fund) for this purpose
A roll call vote was taken on the foregoing resolution with the following result:
AYES Schwartz, Pastor, Meakin, Toy, and McCann
NAYS Laura
The President declared the resolution adopted
On a motion by Pastor, seconded by Toy, and unanimously adopted, it
was
#64-11 RESOLVED, that having considered a communication
from the Department of Law, dated February 11, 2011, proposing to
amend Title 3, Chapter 04 (Financial Procedures) of the Livonia Code
of Ordinances, as amended, the Council does hereby refer this item
back to the Department of Law to revise the proposed amendment to
include a provision that electronic notice of bids be provided to all
Councilmembers and that the financial threshold for Council approval
remain at $15,000 00
On a motion by Toy, seconded by Laura, and unanimously adopted, it
was
#65-11 RESOLVED, that the Council does hereby refer the
subject matter of LivoniaSpirit.Org to the Economic Development,
Community Outreach and Strategic Planning Committee for its report
and recommendation
There was no Audience Communication at the end of the meeting
Regular Meeting Minutes of March 9, 2011 37817
Pastor extended an offer of congratulations to Mayor Kirksey's wife,
Pat Kirksey, for an award she received presented by Wayne County Commissioner
Laura Cox which recognized her for all the hard work she does for the Livonia
community Pastor concluded by wishing his brother, Craig Pastor, a Happy
Birthday
On a motion by Pastor, seconded by Toy, and unanimously adopted,
this 1,676th Regular Meeting of the Council of the City of Livonia was adjourned at
833 p m
Terry Marecki, City Clerk