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HomeMy WebLinkAboutCOUNCIL MINUTES 2010-01-13 37421 MINUTES OF THE ONE THOUSAND SIX HUNDRED FORTY EIGHTH REGULAR MEETING OF JANUARY 13, 2010 On January 13, 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 Toy led the meeting with the invocation Roll was called with the following result: Laura Toy, Maureen Miller Brosnan, John Pastor, Brian Meakin, Terry Godfroid-Marecki, and Joe Laura Absent: 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; Linda Grimsby, City Clerk; Joe Taylor, Planning Commissioner; and Mayor Jack Kirksey On a motion by Meakin, seconded by Toy, it was #01-10 RESOLVED, that the Minutes of the 1,647th Regular Meeting of the Council held December 16, 2009, are hereby approved as submitted A roll call vote was taken on the foregoing resolution with the following result: AYES Toy, Pastor, Meakin, Godfroid-Marecki, and Laura NAYS None PRESENT Brosnan Vice-President Laura declared the resolution adopted Godfroid-Marecki wished her son, Andrei, a Happy Belated 17th Birthday and indicated her son celebrated his birthday on Sunday, January 10th Toy announced her sister's Dutch Shepherd, imported from Holland, is expecting puppies Toy indicated there are only 20 dogs of this breed in the United States and wished her sister and brother-in-law much luck when the puppies are Regular Meeting Minutes of January 13, 2010 37422 born In addition, Toy requested a moment of silence in honor of the recent passing of long-time Livonia resident and good friend, Victor Bash, who was buried earlier that day Vice-President Laura announced there would be an "X" item discussed at the end of the meeting concerning a request from the Department of Law to schedule a Closed Committee of the Whole meeting to discuss pending litigation and attorney/client privileged communication Vice-President Laura announced the following Public Hearing to be held on Monday, February 1, 2010, at 7 00 p m , in the Auditorium of the Livonia City Hall, 33000 Civic Center Drive, Livonia, MI Appeal of the denial of the Planning Commission regarding Petition 2009-11-02-16 submitted by Tomii Chinese Accupressure requesting waiver use approval to operate a massage establishment on property located on the north side of Seven Mile Road, between Farmington Road and Norwich Road (33600 Seven Mile Road), in the Southwest '/ of Section 4 During Audience Communication, Charlotte Hudson, 14146 Henry Ruff, inquired how to submit a petition to Council containing 600 resident signatures requesting the stop sign at the intersection of Lyndon and Henry Ruff, in front of Roosevelt Elementary School, be restored and indicated she had been instructed to bring this matter first to Council On a motion by Brosnan, seconded by Toy, it was #02-10 RESOLVED, that the Council does hereby refer the subject of placing a stop sign at the intersection of Henry Ruff and Lyndon, in front of Roosevelt Elementary School, to the Committee of the Whole for its report and recommendation A roll call vote was taken on the foregoing resolution with the following result: AYES Toy, Brosnan, Pastor, and Laura NAYS Meakin and Godfroid-Marecki Vice-President Laura declared the resolution adopted Dawnne Toppa, 30969 Morlock, President of Livonia Jaycees, introduced herself to the Councilmembers as the 2010 President for the Jaycees Further, Ms Toppa extended an invitation to Councilmembers to attend the Jaycees' 2009 End of the Year Banquet scheduled for Friday, January 22, 2010, at 6 30 p m at St. Mary's Cultural Center Ms Toppa indicated this year's keynote speaker would be Mike Cox, Attorney General for the State of Michigan, and indicated tickets are available through the Jaycees' website of www.livoniajaycees.com REVISED Regular Meeting Minutes of January 13, 2010 37423 Joe Neussendorfer, 11316 Merriman, addressed Council to express his suggestions for Livonia becoming a "green" economy and stated the Livonia website could be revised and modeled after the City of Novi's website which demonstrates its commitment to a green economy Further, Mr Neussendorfer added Livonia's website could focus on Economic Development initiatives crucial during the current economic climate Mr Neussendorfer also indicated the City's website could contain environmental themed posters and articles created by school children from Livonia and suggested the City adopt the slogan "Livonia can't grow without a green economy " A communication from the Office of the Mayor, dated December 23, 2009, re. forwarding the Annual Report for the Fiscal Year 2008-2009 which reflects activities of the Livonia City Departments, Commissions and Boards, was received and placed on file for the information of the Council. A communication from the Department of Law, dated January 4, 2010, re update from the State of Michigan concerning Massage Therapist Licensing, was received and placed on file for the information of the Council (CR 77-09) A communication from the Office of the City Clerk, dated January 5, 2010, re forwarding a communication from the Assistant Superintendent for Business/Support Services for the Clarenceville School District, re Regular School Board Election, was received and placed on file for the information of the Council. On a motion by Toy, seconded by Meakin, it was A communication from the Office of the City Clerk, dated December 15, 2009, re forwarding a communication from the Associate Superintendent, Administrative & Financial Services, requesting that the City continue to collect the Wayne County Regional Educational Service Agency (RESA) taxes for the year 2010, was received and placed on file for the information of the Council #03-10 RESOLVED, that having considered a communication from the Assistant Assessor, dated December 11, 2009, which bears the signature of the Director of Finance and is approved for submission by the Mayor, and in accordance with Chapter VIII, Section 6 of the Regular Meeting Minutes of January 13, 2010 37424 Charter of the City of Livonia, the Council does hereby determine to approve the following dates for the Board of Review to conduct public hearings in 2010, which public hearings are to be conducted in the Conference Room of the City Assessor on the first floor of the Livonia City Hall, 33000 Civic Center Drive, Livonia, Michigan 48154 FIRST SESSION Tuesday March 2, 2010 Organizational Meeting 9.00 a.m.- 1 00 p m Wednesday March 3, 2010 9.00 a.m - 12:00 p m. 1 30 p m -4 30 p m. Thursday March 4, 2010 9.00 a.m - 12.00 p m 1 30 p m -4 30 p m Friday March 5, 2010 9.00 a.m.- 12.00 p m. Saturday March 6, 2010 9.00 a.m - 1 00 p m SECOND SESSION Monday March 8, 2010 9.00 am - 12:00 p m 1 30 p m -4 30 p m. Tuesday March 9, 2010 1 00 p m - 4 00 p m 5.00 p m -9.00 p m Thursday March 11, 2010 9 00 a.m - 12.00 p m 1 30 p m -4 30 p m. Friday March 12, 2010 9.00 a.m - 12.00 p m 1 30 p m -4 30 p m Monday March 15, 2010 9.00 a.m. - 12.00 p m 1 30 p m -4 30 p m FURTHER, the Council does hereby determine that the daily rate of compensation to be paid to the members of the Board of Review shall be $120 00 for the Chairperson and $100 00 for other members Pursuant to Public Act No 165, Public Acts of 1971, we hereby give notice that the following tentative ratios and multipliers will be used to determine the State Equalized Value (S E V ) for the year 2010 CLASS RATIO S.E V FACTOR (MULTIPLIER) Agricultural 50 00 1 0000 Commercial 50 00 1 0000 Industrial 50 00 1 0000 Residential 50 00 1 0000 Personal 50 00 1 0000 #04-10 RESOLVED, that having considered the report and recommendation of the City Treasurer, dated December 14, 2009, which bears the signature of the Director of Finance and is approved for submission by the Mayor, the Council does hereby accept the proposal submitted by BS & A Software, 14965 Abbey Lane, Bath, Michigan 48808, for annual service and support fees in connection with the Equalizer Internet Tax/Assessment System for a two (2) year period (11-1-09 through 10-31-11) in the amount of $17,000 00 per year, the same to be expended from Account No 101-253-851-020 for this purpose, 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 #05-10 RESOLVED, that having considered a communication from the Chairman of the Water and Sewer Board, dated December Regular Meeting Minutes of January 13, 2010 37425 16, 2009, which bears the signature of the Director of Finance and is approved for submission by the Mayor, and which transmits Water and Sewer Board resolution WS 4020 12/09, the Council does hereby approve a one-year extension of the existing contract with Vanguard Utility Service, Inc., 1421 West 9th Street, Owensboro, Kentucky 42301, to test, repair and calibrate large commercial water meters at the unit prices submitted in February of 2007 for all meter sizes requested for the period through December 31, 2010, for the estimated amount of $26,720 00 plus an additional amount of $8,000 00 for the purchase of repair parts, 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, FURTHER, the Council does hereby authorize the expenditure of funds already budgeted in Account No 592-559-818- 000 (Water and Sewer Contractual Services) for this purpose #06-10 RESOLVED, that having considered a communication from the Chairman of the Water and Sewer Board, dated December 16, 2009, which bears the signature of the Director of Finance and is approved for submission by the Mayor, and which sets forth Water and Sewer Board Resolution WS 4019 12/09, the Council does hereby approve a one-year extension of the existing contract with D'Angelo Brothers, Inc , 25543 Ranchwood, Farmington Hills, Michigan 48335, for performing water main taps and service connections, 3/4" to 2", at various locations throughout the City, at the unit prices bid in their proposal dated February 11, 2005, for the period December 1, 2009, through November 30, 2010, with a cap of $4,000 00 in the retainage amount; 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 #07-10 RESOLVED, that having considered the report and recommendation of the Water and Sewer Board, dated December 16, 2009, which bears the signature of the Director of Finance and is approved for submission by the Mayor, which transmits its resolution WS 4021 12/09, and a communication from the Superintendent of Public Service, dated December 2, 2009, the Council does hereby authorize purchases from East Jordan Iron Works, 13001 Northend Avenue, Oak Park, Michigan 48237, for stormwater, water main and sanitary manhole related items in an amount not to exceed $60,000 00 annually; FURTHER, the Council does hereby authorize an expenditure in an amount not to exceed $60,000 00 from funds already budgeted in Account Nos 592-559-787-060 (Water Valves & Gate Wells), 592-559-787-050 (Water Main Supply), 592-559-787-070 (Hydrant Supply), and 592-559-796-000 (Sanitary Supply) for this purpose, FURTHER, the Council does hereby authorize such action without competitive bidding for the reasons indicated in the aforesaid Regular Meeting Minutes of January 13, 2010 37426 communication, and such action is taken in accordance with Section 3 04 140 D 4 of the Livonia Code or Ordinances, as amended #08-10 RESOLVED, that having considered the report and recommendation of the Director of Public Works, dated December 8, 2009, which bears the signature of the Director of Finance and is approved for submission by the Mayor, the Council does hereby accept the bid of Elevator Technology, Inc , 4628 St. Aubin, Detroit, Michigan 48207, for performing elevator maintenance services for a five year period (2010 through 2014) in the total amount of $49,380 00, the same having been in fact the lowest bid received and meets all specifications, FURTHER, the Council does hereby authorize an expenditure in an amount not to exceed $49,380 00 from funds already budgeted in Account No 101-447-818-000 for this purpose, FURTHER, 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 executed 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 A roll call vote was taken on the foregoing resolutions with the following result: AYES Toy, Brosnan, Pastor, Meakin, Godfroid-Marecki, and Laura NAYS None Christopher Martin, 12275 Inkster Road, addressed Council to inquire of the location for the 2010 Board of Review Meetings In addition, Mr Martin explained he had been barred from attending the Board of Review meetings held two years prior which led him to investigate the matter with the City's Law Department and was advised the Board of Review meetings fall under the regulations of the Open Meetings Act. Mr Martin further indicated he did not feel the City was following the State laws of taxation An e-mail communication from Gene Scott, dated December 6, 2009, re requesting an actual leash law be adopted by the City, was received and placed on file for the information of the Council (CR 508-08) A communication from the Animals & Society Institute, dated December 7, 2009, re forwarding a copy of their booklet, Dog Bites Problems and Regular Meeting Minutes of January 13, 2010 37427 Solutions, was received and placed on file for the information of the Council (CR 508-08) An e-mail communication from Paul Stiles, dated December 13, 2009, re requesting Council consider adopting a leash law for the City, was received and placed on file for the information of the Council (CR 508-08) An e-mail communication from Ian Wilshaw, dated December 11, 2009, re requesting Council take no further action on the proposed Vicious Animals Ordinance, was received and placed on file for the information of the Council (CR 508-08) A communication from the Department of Law, dated December 2, 2009, re Administrative Response to CR 508-08 — proposed Vicious Animals Ordinance, was received and placed on file for the information of the Council (CR 508-08) Toy gave first reading to the following Ordinance AN ORDINANCE AMENDING SECTION 040 AND REPEALING SECTION 370 OF TITLE 6, CHAPTER 04 (DOGS) 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 Toy gave first reading to the following Ordinance AN ORDINANCE ADDING CHAPTER 07 (VICIOUS ANIMALS) TO TITLE 6 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 A communication from Masoud Shango, dated December 3, 2009, re withdrawing his request to rezone property located on the south side of Schoolcraft Regular Meeting Minutes of January 13, 2010 37428 Road, east of Merriman (13820-13840 Merriman Road and 31281 Schoolcraft Road) from OS to C-2, was received and placed on file for the information of the Council (CR 447-09)(Petition 2009-08-01-01) On a motion by Toy, seconded by Meakin, and unanimously adopted, it was #09-10 RESOLVED, that having considered a communication from the City Planning Commission, dated September 23, 2009, which transmits its resolution 09-56-2009, adopted on September 22, 2009, with regard to Petition 2009-08-01-01, submitted by Masoud Shango requesting to rezone property located on the south side of Schoolcraft Road east of Merriman Road (13820-13840 Merriman Road and 31281 Schoolcraft Road), in the Northwest 1/4 of Section 26, from OS to C-2, and having considered a subsequent communication from Masoud Shango, dated December 3, 2009, requesting withdrawal of the petition, the Council does hereby determine to take no further action with respect to this petition based upon the Petitioner's request to withdraw this petition At 8 55 p m Vice-President Laura passed the gavel to Councilmember Toy to speak in opposition to the following matter On a motion by Meakin, seconded by Pastor, it was #10-10 RESOLVED, that having considered a communication from the Human Resources Director, dated December 10, 2009, which bears the signature of the Director of Finance and is approved for submission by the Mayor, which sets forth Civil Service Commission Resolution 09-211, adopted on November 18, 2009, wherein the Commission recommended approval of the creation of a classification of Planning and Economic Development Director, the Council does hereby concur in and approve the recommendation of the Civil Service Commission to create the new classification of Planning and Economic Development Director in the classified service with the following pay range December 1, 2008 December 1, 2009 Step 1 $ 91,624 00 $ 93,454 40 Step 1 5 $ 93,475 20 $ 95,347 20 Step 2 $ 95,222 40 $ 97,136 00 Step 3 Step 4 $ 99,070 40 $103,126 40 $101,046 40 $105,185 60 Regular Meeting Minutes of January 13, 2010 37429 Step 5 $107,161 60 $109,304 00 A roll call vote was taken on the foregoing resolution with the following result: AYES Pastor, Meakin, Godfroid-Marecki, and Toy NAYS Brosnan and Laura Councilmember Toy declared the resolution adopted At 9 03 p m , Vice-President Laura resumed the gavel On a motion by Godfroid-Marecki, seconded by Brosnan, it was #11-10 RESOLVED, that having considered a communication from the Director of the Housing Commission, dated December 18, 2009, which bears the signature of the Director of Finance and is approved for submission by the Mayor, which transmits Housing Commission resolution 46-09 wherein the Housing Commission has recommended certain rental adjustments with respect to Newburgh Village, the Council does hereby approve rental adjustments of $5 00 per month effective June 1, 2010, as follows Adjusted Rent Bedroom Size Current Rent Effective 6-1-10 One Bedroom $500 $505 Two Bedroom $570 $575 The above rents exclude gas and electric utility costs A roll call vote was taken on the foregoing resolution with the following result: AYES Brosnan, Pastor, Meakin, and Godfroid-Marecki NAYS Toy and Laura Vice-President Laura declared the resolution adopted On a motion by Meakin, seconded by Godfroid-Marecki, it was #12-10 RESOLVED, that having considered a communication from the Director of the Housing Commission, dated December 18, 2009, which bears the signature of the Director of Finance and is approved for submission by the Mayor, which transmits Housing Commission resolution 46-09 wherein the Housing Commission has recommended certain rental adjustments with respect to Silver Village, the Council does hereby approve rental adjustments of $5 00 per month effective June 1, 2010 as follows Regular Meeting Minutes of January 13, 2010 37430 A) Pre-December, 1990 - 9 Residents Adjusted Rent Bedroom Size Current Rent Effective 6-1-10 One Bedroom $350 $355 Two Bedroom $385 $390 B) Post-December, 1990 - 100 Residents Adjusted Rent Bedroom Size Current Rent Effective 6-1-10 One Bedroom $415 $420 Two Bedroom $470 $475 The above rents exclude gas and electric utility costs A roll call vote was taken on the foregoing resolution with the following result: AYES Brosnan, Pastor, Meakin, and Godfroid-Marecki NAYS Toy and Laura Vice-President Laura declared the resolution adopted On a motion by Brosnan, seconded by Godfroid-Marecki, it was #13-10 RESOLVED, that having considered the report and recommendation of the Director of the Housing Commission, dated December 18, 2009, which bears the signature of the Director of Finance and is approved for submission by the Mayor, which transmits Housing Commission resolution 47-09, wherein the Commission recommended the following rental adjustments to become effective March 1, 2010, with respect to City-owned scattered site properties as follows Current Proposed 2-Bedroom $400 $420 29149 Morlock 20121 Floral 27545 Long 3-Bedroom $485 $505 11910 Cardwell 12411 Arcola 31220 Hathaway 19941 Deering 9880 Harrison 11784 Arcola Regular Meeting Minutes of January 13, 2010 37431 33916 Five Mile 10033 Garden 35546 Orangelawn 12092 Arcola 20222 St. Francis 4-Bedroom $550 $570 20120 Deering The above rents exclude gas, electric and water utility charges The Council does hereby concur in and approve of the recommended action A roll call vote was taken on the foregoing resolution with the following result: AYES Toy, Brosnan, Pastor, Meakin, and Godfroid-Marecki NAYS Laura Vice-President Laura declared the resolution adopted Christopher Martin, 12275 Inkster Road addressed Council to inquire the amount of the rental rates for the City-owned scattered site properties and to inquire how many of said homes were rented out at the present time At 9 12 p m Councilmember Pastor stepped down to avoid a perceived conflict of interest. On a motion by Toy, seconded by Meakin, it was #14-10 RESOLVED, that having considered the report and recommendation of the City Engineer, dated December 15, 2009, approved for submission by the Mayor, the Council does hereby authorize the release to GHP II, L.L C , 34018 Beacon, Livonia, Michigan 48150, the proprietor of River Pines Site Condominiums, located in the Northwest 1/4 of Section 9, of the financial assurances previously deposited pursuant to Council Resolution 838-00 adopted on November 8, 2000, specifically. General Improvement Bond $10,000 00 (all cash), Sidewalk Bond $ 5,000 00 (all cash), and Landscape/Entrance Marker $ 1,500 00 (all cash), and the action herein being taken is for the reasons indicated in the aforementioned report of the City Engineer that all these improvements i.. have been satisfactorily installed in accordance with the rules and regulations and ordinances of the City of Livonia Regular Meeting Minutes of January 13, 2010 37432 A roll call vote was taken on the foregoing resolution with the following result: AYES Toy, Brosnan, Meakin, Godfroid-Marecki, and Laura NAYS None Vice-President Laura declared the resolution adopted Pastor returned to the podium at 9 13 p m On a motion by Pastor, seconded by Meakin, and unanimously adopted, it was #15-10 RESOLVED, that having considered a communication from the Director of Community Resources, dated December 8, 2009, which bears the signature of the Director of Finance and is approved for submission by the Mayor, the Council does, for and on behalf of the City of Livonia, accept various cash donations in the amount of $2,807 00 from the sources indicated therein, FURTHER, the Council does hereby appropriate and credit the amounts of $25 00 to Account No 702-285-214 (Youth Commission Trust), $50 00 to Account No 724-000-090-010 (Arts Trust Donations), $150 00 to Account No 702- 285-139 (Community Projects), $615 00 to Account No 702-285-219 (Emergency Service Programs) and $1,967 00 to Account No 702- 000-285-216 (Senior Citizen Programs) for the purposes as designated by the donors On a motion by Toy, seconded by Pastor, and unanimously adopted, it was #16-10 RESOLVED, that having considered a communication from the Director of Community Resources, dated December 14, 2009, which bears the signature of the Director of Finance and is approved for submission by the Mayor, the Council does, for and on behalf of the City of Livonia, accept various cash donations, in the total amount of $65,272 00, from the sources indicated therein for use by Greenmead as indicated in the aforesaid communication, FURTHER, the Council does hereby appropriate and credit the amount of $65,272 00 to Account No 723-000-690-010 (Livonia Historical Commission/Greenmead) for the purposes as designated by the donors On a motion by Pastor, seconded by Toy, and unanimously adopted, it was Regular Meeting Minutes of January 13, 2010 37433 #17-10 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 Pastor, it was #18-10 RESOLVED, that having considered a communication from the Department of Law, dated January 7, 2010, the Council does hereby, by a two-thirds roll call vote in accordance with Section 7(1) of the Open Meetings Act, direct that a Closed Committee of the Whole meeting be held for the purposes of discussing pending litigation matters and attorney/client privileged communications A roll call vote was taken on the foregoing resolution with the following result: AYES Toy, Brosnan, Pastor, Meakin, Godfroid-Marecki, and Laura NAYS None Vice-President Laura declared the resolution adopted During Audience Communication, John Grzebik, 11301 Hubbell, addressed Council to indicate that a fundraiser was being held at Buffalo Wild Wings located at South Laurel Park Drive and Six Mile Road and would end at 11 00 p m tonight. Mr Grzebik indicated 20% of the proceeds taken in by the restaurant would be donated to the Franklin High School Seniors All Night Party In addition, Mr Grzebik indicated State Legislators including John Walsh, Senator Anderson, and Richard LeBlanc would be coming to meet with Livonia residents on Monday, January 25, 2010, at Stevenson High School Cafeteria, to discuss school funding and budget issues Mr Grzebik indicated anyone who could not make it to Lansing to show their support for the Livonia school districts or to ask questions on any legislative issues, should attend the meeting scheduled on January 25th Mr Grzebik provided the Livonia Public School Board of Education's office telephone number of (734) 744-2522, should residents have any questions or require further information Godfroid-Marecki complimented Vice-President Laura for doing a great job and running a good meeting in the absence of the Council President. On a motion by Meakin, seconded by Toy, and unanimously adopted, this 1,648th Regular Meeting of the Council of the City of Livonia was adjourned at 917pm Linda Grimsby, City Clerk,I (.J