HomeMy WebLinkAboutCOUNCIL MINUTES 2010-02-10 37449
MINUTES OF THE ONE THOUSAND SIX HUNDRED FIFTIETH
REGULAR MEETING OF FEBRUARY 10, 2010
On February 10, 2010, the above meeting was held at the City Hall,
33000 Civic Center Drive, Livonia, Michigan and was called to order by the
President of the Council at 8 00 p m Councilmember Pastor led the meeting with
the Pledge of Allegiance, joined by Cub Scout Pack #851
Roll was called with the following result: John Pastor, Brian Meakin,
Terry Godfroid-Marecki, Joe Laura, Laura Toy, Maureen Miller Brosnan, 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; Linda Grimsby, City Clerk, Police Deputy Chief Curtis Caid,
and Mayor Jack Kirksey
On a motion by Pastor, seconded by Meakin, and unanimously
adopted, it was
#37-10 RESOLVED, that the Minutes of the 1,649th Regular
Meeting of the Council held January 27, 2010, are hereby approved as
submitted
Mayor Kirksey addressed Council to explain the recent snow storm has
necessitated the snow plowing of all neighborhoods and secondary roads in Livonia,
approximately 370 miles of roads, which should be completed at approximately 4 00
am. or 5 00 am on February 11th Further, Mayor Kirksey indicated the City has
declared a Snow Emergency which was posted on the City's Cable Channel, all
major television networks and was announced on 1670 AM radio station Mayor
indicated all vehicles left parked on City streets began to be ticketed at 8.00 a.m
today, following residents being advised with a more than an ample 11 hour warning
Mayor Kirksey also wanted to remind residents that most of the City's major
roadways are the responsibility of Wayne County Mayor also recited the roads
which are the responsibility of the City and indicated the same are plowed by City
employees in conjunction with private contractors
Regular Meeting Minutes of February 10, 2010 37450
In addition, Mayor Kirksey reminded residents to shovel their walks in
front of their homes within 24 hours of a snow episode in accordance with the City's
Ordinance and encouraged residents to assist their neighbors and seniors within
their subdivision, who cannot shovel their own walkways, during snow situations
dim Mayor stated residents can sign up for e-mail alerts through the City's website at
www.ci livonia.mi.us and the Livonia Police Department will provide e-mail
notifications to inform them when a Snow Emergency has been declared Mayor
Kirksey also reported last year approximately $3,000,000 in overtime expenses were
incurred by the City due to multiple snow episodes requiring plowing on weekends
and holidays However, Mayor indicated this particular snow episode resulted in
regular wages being paid for snow plowing which was estimated to result in an
expense of approximately $80,000-$90,000 Mayor Kirskey informed Council all
resources that are available to the City are being used, approximately 27 pieces of
equipment in total, to plow the significant amount of roadway that is the City's
responsibility and thanked the dedicated people who are doing a great job in
accomplishing the task.
Godfroid-Marecki congratulated City Attorney Don Knapp and his wife
Kathy on their recent announcement of expecting twins in August, 2010
On behalf of Councilmember Pastor, Brosnan presented a
Proclamation to honor the Boy Scouts of America for celebrating their 100 year
anniversary and proclaiming the week of February 8th through February 14th, 2010,
"Boy Scout Centennial Week in Livonia "
There was no Audience Communication at the beginning of the
meeting
On a motion by Brosnan, seconded by Laura, it was
#38-10 RESOLVED, that pursuant to the provisions of Section 5,
Chapter VIII of the Charter of the City of Livonia, and based upon the
appointment of the Mayor, dated January 25, 2010, the Council does
hereby consent to and confirm the appointment of William D Tancill,
35355 Lancashire, Livonia, Michigan 48152, to the Board of Review for
a term of three years commencing February 17, 2010, and expiring
February 16, 2013, provided that Mr Tancill takes the Oath of Office
as required in Chapter X, Section 2 of the City Charter, to be
administered by the City Clerk.
#39-10 RESOLVED, that having considered a letter from Abesita
Garcia, American Cancer Society, Relay for Life of Livonia Event Chair
2010, dated January 13, 2010, 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
overnight outdoor gathering to raise funds for the fight against cancer,
which will take place in Livonia from 1000 a m Saturday, June 5,
2010, through 10 00 am Sunday, June 6, 2010, to allow the playing of
Regular Meeting Minutes of February 10, 2010 37451
music and announcements via loudspeakers, as well as the erection
and use of tents on public land (Bentley Field), 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.
#40-10 RESOLVED, that having considered a letter from Dana
M D Sosnowski, Production Coordinator, Susan G Komen 3-Day for
the Cure (Michigan), dated January 14, 2010, 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 Event/Walk, which will take
place in Livonia from August 13 through August 15, 2010, 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.
#41-10 RESOLVED, that having considered a letter from Enrico
E Soave, Esq , dated January 15, 2010, which requests permission to
waive Section 8 32 070 (Noise Control) of the Livonia Code of
Ordinances, as amended, to allow an outdoor tent event at Doc's
Sports Retreat, LLC, located at 19265 Victor Parkway, scheduled for
Wednesday, March 17, 2010, the Council does hereby determine to
waive Section 8 32.070 (Noise Control) of the Livonia Code of
Ordinances in connection with this event.
#42-10 RESOLVED, that having considered a letter from the
Michigan Liquor Control Commission, dated February 9, 2009, and a
report and recommendation of the Chief of Police, dated January 5,
2010, in connection therewith, the Council does hereby recommend
approval of the request from RNZ, Inc to transfer all stock in a 2008
SDD and SDM licensed business by dropping Najib Zebari through
transfer of 1,000 shares of stock to new stockholder, Darren Zebari, for
a business located at 19610 Middlebelt, Livonia, Michigan 48154,
Wayne County; and the City Clerk is hereby requested to forward a
certified copy of this resolution to the Michigan Liquor Control
Commission
#43-10 RESOLVED, that having considered a letter from the
Michigan Liquor Control Commission, dated October 12, 2009, and the
report and recommendation from the Chief of Police, dated January 8,
2010, approved for submission by the Mayor, the Council does hereby
approve of the request from Stan's Market, Inc. for transfer of
ownership of a 2009 SDM licensed business from Stan's Market #3,
Regular Meeting Minutes of February 10, 2010 37452
Inc , for a business located at 33503 W Five Mile, Livonia, Michigan
48154, Wayne County; and the City Clerk is hereby requested to
forward a certified copy of this resolution to the Michigan Liquor
Control Commission
#44-10 RESOLVED, that having considered the report and
recommendation of the Fire Chief, dated January 8, 2010, which bears
the signature of the Director of Finance and is approved for submission
by the Mayor, the Council does hereby authorize the purchase of two
(2) Zoll E-Series Bi-Phasic Cardiac Monitors/Defibrillators for the Fire
Department from Zoll Medical Corporation, 269 Mill Road, South
Chelmsford, Massachusetts 01824, for an amount not to exceed
$38,508 60; FURTHER, the Council does hereby authorize an
expenditure in an amount not to exceed $38,508 60 from funds already
budgeted in Account No 401-000-987-000 for this purpose,
FURTHER, the Council does hereby authorize the said action without
competitive bidding for the reasons indicated in the aforesaid
communication, and such action is taken in accordance Section
3 04 140 D 2 of the Livonia Code of Ordinances, as amended
#45-10 RESOLVED, that having considered the report and
recommendation of the Superintendent of Public Service - Operations
and the Director of Public Works, dated January 11, 2010, which bears
the signature of the Director of Finance and is approved for submission
by the Mayor, the Council does hereby authorize a one-year extension
of the contract with Paterson Tree Service, 5400 Washington Rd ,
Carsonville, Michigan 48419, for completing all work required in
connection with the City's 2010 Tree and Stump Removal Program at
their 2009 pricing for an estimated total cost not to exceed
$213,900 00, FURTHER, the Council does hereby authorize an
expenditure in an amount not to exceed $213,900 00 from funds
already budgeted in Account No 205-527-818-045 (Municipal Refuse
Fund Contractual Services - Forestry) for this purpose, FURTHER, the
Council does hereby authorize this service 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, 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 company and to do all other things necessary or
incidental to the full performance of this resolution, FURTHER, the
Council does hereby approve the removal of the requirement for
performance and surety bonding policies as recommended in the
aforesaid communication
#46-10 RESOLVED, that having considered the report and
recommendation of the Superintendent of Public Service - Operations
Regular Meeting Minutes of February 10, 2010 37453
and the Director of Public Works, dated January 15, 2010, which bears
the signature of the Director of Finance and is approved for submission
by the Mayor, the Council does hereby authorize a one-year extension
of the contracts with Allied-Eagle Supply, 1801 Howard, Detroit,
Michigan 48216, HP Products Corporation, 4220 Saguaro Trail,
Indianapolis, Indiana 46268, and Parnin Janitor Supply, 15356
Middlebelt, Livonia, Michigan 48154, for supplying the Public Service
Division (Building Maintenance Section) with custodial supplies at the
unit prices bid in their proposals dated September 30, 2008,
(previously accepted in Council Resolution No 414-08) for the period
December 1, 2009, through November 30, 2010; FURTHER, the
Council does hereby authorize an expenditure in an amount not to
exceed $60,000 00 from funds already budgeted in Account No 101-
447-776-000 for this purpose, FURTHER, the Council does hereby
authorize this item 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
#47-10 RESOLVED, that having considered a communication
from the City Engineer and Director of Public Works, dated January 22,
2010, approved for submission by the Mayor, the Council does hereby
refer the Water Distribution System Master Plan Presentation by
Orchard, Hiltz & McCliment, Inc to the Infrastructure and Community
Transit Committee for its report and recommendation
#48-10 RESOLVED, that having considered a communication
from the City Engineer and Director of Public Works, dated January 22,
2010, approved for submission by the Mayor, the Council does hereby
refer the subject of the proposed installation of street lights along the
south side of 8 Mile Road between Farmington Road and Gill Road to
the Infrastructure and Community Transit Committee for its report and
recommendation
#49-10 RESOLVED, that having considered a communication
from the City Engineer and Director of Public Works, dated January 22,
2010, approved for submission by the Mayor, the Council does hereby
refer the subject of the Quality-Based Selection (QBS) process for
future proposals relating to Professional Engineering Consulting
Services to the Infrastructure and Community Transit Committee for its
report and recommendation
#50-10 RESOLVED, that having considered a communication
from the Department of Law, dated January 25, 2010, regarding a
proposed Ground Lease Agreement between Schoolcraft Community
College and the City of Livonia for City-owned property on Glendale
Avenue for the construction of a Public Safety Training Campus, the
Council does hereby refer this matter to the Capital Improvement,
Regular Meeting Minutes of February 10, 2010 37454
Natural Resources and Waste Management Committee for its report
and recommendation
A roll call vote was taken on the foregoing resolutions with the following result:
AYES Pastor, Meakin, Godfroid-Marecki, Laura, Toy, Brosnan,
and McCann
NAYS None
Christopher Martin, 12275 Inkster Road, addressed Council to express his criticism
of the Board of Review and to inquire if members of this Board have been instructed
the Board's meetings are open to the public.
A communication from the City Planning Commission, dated February
9, 2010, re current status of all "On-Premise" liquor licenses within the City, was
received and placed on file for the information of the Council (Petition 2009-12-02-
20)
On a motion by Toy, seconded by Brosnan, and unanimously adopted,
it was
#51-10 RESOLVED, that having considered a communication
from the City Planning Commission, dated January 28, 2010, which
transmits its resolution 01-04-2010, adopted on January 26, 2010, with
regard to Petition 2009-12-02-20, submitted by Las Palapas, L.L.0
requesting waiver use approval to operate a full service restaurant on
property located on the north side of Plymouth Road, between
Farmington Road and Mayfield Avenue (33302 Plymouth Road), in the
Southwest 1/4 of Section 27, which property is zoned C-2, the Council
does hereby concur in the recommendation made by the City Planning
Commission and Petition 2009-12-02-20 is hereby approved and
granted, subject to the following conditions
1 That the maximum number of customer seats shall not exceed
94 seats,
2. That the petitioner shall correct to the Inspection Department's
satisfaction the stipulations contained in the correspondence
dated January 12, 2010,
3 That the outdoor storage of refuse shall be limited to the
screened compactor area as shown on the approved site plan
for this commercial development and there shall be no
Regular Meeting Minutes of February 10, 2010 37455
additional outdoor refuse storage areas anywhere else on the
site in connection with this use,
4 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,
5 That no LED lightband or exposed neon shall be permitted on
the site including, but not limited to, the building or around the
windows,
6 That the business shall close at 10 00 p m Sunday through
Thursday, and 11 00 p m Friday and Saturday; and
7 That the petitioner and owner shall check the trash compactor to
make sure it is working properly, and that the frequency of
pickups be increased as needed in order to handle the
additional trash generated by the restaurant.
A communication from the City Planning Commission, dated February
9, 2010, re current status of all "On-Premise" liquor licenses within the City, was
received and placed on file for the information of the Council (Petition 2009-12-02-
22)
On a motion by Brosnan, seconded by Godfroid-Marecki, and
unanimously adopted, it was
#52-10 RESOLVED, that having considered a communication
from the City Planning Commission, dated January 28, 2010, which
transmits its resolution 01-06-2010, adopted on January 26, 2010, with
regard to Petition 2009-12-02-22, submitted by Las Palapas, L.L.0
requesting waiver use approval to utilize a Class C liquor license (sale
of beer, wine, and spirits for consumption on the premises) in
connection with a full service restaurant on property located on the
north side of Plymouth Road, between Farmington Road and Mayfield
Avenue (33302 Plymouth Road), in the Southwest % of Section 27,
which property is zoned C-2, the Council does hereby concur in the
recommendation made by the City Planning Commission and Petition
2009-12-02-22 is hereby approved and granted, subject to the
following conditions
1 That the use of a Class C license at this location shall be
permitted only under the circumstances that the Zoning
Ordinance standard set forth in Section 11 03(h)(1) requiring
Regular Meeting Minutes of February 10, 2010 37456
that there be at least a 1,000 foot separation between Class C
licensed establishments is waived by the City Council, and
2 That the petitioner shall enter into a Conditional Agreement
limiting this waiver use to this user only, with the provision to
extend this waiver use to a new user only upon the approval of
the new user by the City Council and the Michigan Liquor
Control Commission
FURTHER, the Council does hereby waive the 1,000 foot separation
requirement set forth in Section 11 03(h)(1) of the Zoning Ordinance
On a motion by Toy, seconded by Meakin, and unanimously adopted,
it was
#53-10 RESOLVED, that having considered a communication
from the City Planning Commission, dated December 22, 2009, which
transmits its resolution 12-69-2009, adopted on December 15, 2009,
with regard to 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 Southeast 1/4 of Section 4, which property is zoned
C-1, and the Council having conducted a public hearing with regard to
this matter on February 1, 2010, the Council does hereby reject the
recommendation of the Planning Commission and Petition 2009-11-02-
16 is hereby approved subject to the following conditions
1 That this facility shall comply with all of the special waiver use
standards and requirements pertaining to massage
establishments as set forth in Section 10 03(m) of Zoning
Ordinance No 543,
2 That this facility shall conform to the provisions set forth in
Chapter 5 49 of the Livonia Code of Ordinances pertaining to
massage establishments,
3 That all of the issues listed in the correspondence dated
December 2, 2009, from the Inspection Department shall be
resolved to that Department's satisfaction, and
4 That the petitioner shall enter into a conditional agreement
limiting this waiver use to this user only, with the provision to
extend this waiver use to a new user only upon the approval of
the new user by the City Council
Regular Meeting Minutes of February 10, 2010 37457
On a motion by Godfroid-Marecki, seconded by Meakin, and
unanimously adopted, it was
#54-10 RESOLVED, that having considered a communication
from the Department of Law, dated January 26, 2010, approved for
submission by the Mayor, the Council does hereby amend and revise
Council Resolution 439-09 adopted at the November 4, 2009 Regular
meeting so as to have the same read as follows
RESOLVED, that having considered a letter from Denise King,
Executive Director, Community Opportunity Center, dated
October 12, 2009, the Council does hereby take this means to
indicate that Livonia Opportunity House is recognized as a
non-profit organization operating in the community, and the
action herein being taken for the purpose of affording Livonia
Opportunity House an opportunity to obtain a charitable
gaming license or registration from the State of Michigan in
accordance with provisions of State statute
There was no Audience Communication at the end of the meeting
On a motion by Toy, seconded by Brosnan, and unanimously adopted,
this 1,650th Regular Meeting of the Council of the City of Livonia was adjourned at
832 p m
,7
Linda Grimsby, City Cl