HomeMy WebLinkAboutCOUNCIL MINUTES 2010=03-10 37475
MINUTES OF THE ONE THOUSAND SIX HUNDRED FIFTY SECOND
REGULAR MEETING OF MARCH 10, 2010
On March 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 Godfroid-Marecki led the
meeting with an invocation
Roll was called with the following result: Terry Godfroid-Marecki,
Laura Toy, Maureen Miller Brosnan, John Pastor, Brian Meakin, 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; Bob Biga, Human Resources Director; Dawn Borregard,
Assistant City Assessor; Fire Chief Shadd Whitehead, Police Chief Robert
Stevenson, Linda Grimsby, City Clerk, Laura Cox, Wayne County Commissioner;
and Mayor Jack Kirksey
On a motion by Toy, seconded by Pastor, it was
#75-10 RESOLVED, that the Minutes of the 1,651st Regular
Meeting of the Council held February 24, 2010, are hereby approved
as submitted
A roll call vote was taken on the foregoing resolution with the following result:
AYES Godroid-Marecki, Toy, Brosnan, Pastor, and Meakin
NAYS None
PRESENT Laura
Vice-President Laura declared the resolution adopted
Councilmember Pastor wished a Happy Birthday to his sister-in-law
who he indicated celebrated her birthday on Monday, March 8th, a Happy Birthday to
Regular Meeting Minutes of March 10, 2010 37476
his brother Craig, who celebrated his birthday on Tuesday, March 9th; and a Happy
Birthday to his sister-in-law, Sharon, who celebrated her birthday today
Councilmember Toy announced with regret the passing of long-time
friend and Livonia resident, Randy Barnett. Toy indicated Mr Barnett was a Viet
Nam veteran who graduated from Bentley High School and watched the Council
meetings every week on television
Councilmember Godfroid-Marecki congratulated Mayor Kirksey for an
uplifting State of the City address earlier that day and stated there were
approximately 530 people in attendance at the event.
Vice-President Laura apologized to Mayor Kirksey and his colleagues
for not being able to attend the Mayor's State of the City address and indicated a
work assignment prevented him from being present.
During Audience Communication, Wayne County Commissioner Laura
Cox extended her congratulations to Mayor Kirksey and the Livonia Chamber of
Commerce for an excellent State of the City address and stated she was present
before Council to provide an update on upcoming events Commissioner Cox stated
she began the "Transparency in Government" program last year for budget analysis
and invited residents to check out the Wayne County website under her link to view
the budget which illustrates how tax dollars are spent for the 10th District.
Commissioner Cox also announced this year's Wayne County
Household Hazardous Waste Day will be held on Saturday, May 1st at Ford Field in
Livonia She explained the event is held in conjunction with Northville Township and
provides a means for Wayne County residents to dispose of hazardous items that
cannot be disposed of through regular weekly trash disposal In addition,
Commissioner Cox announced she will host her sixth annual "Parks Clean Up Day"
in Hines Park at Cass Benton Volunteers will be planting wildflowers and perform
weeding in the park. Commissioner Cox indicated a date has not yet been set but
the event typically takes place the first or second Saturday in May The first 50
volunteers who participate will receive free Tigers tickets and encouraged all to
participate Commissioner Cox stated anyone interested can contact her via email
at Icox@county.wayne.mi.us or by phone at (313) 224-0946
A Letter of Understanding between the City of Livonia and Liberty One
Corp , dated March 5, 2010, re request for an Entertainment Permit for the business
located at 31630 Plymouth Road, was received and placed on file for the information
of the Council
A communication from the Planning Department, dated March 10,
2010, re additional information requested concerning the parking variance
Regular Meeting Minutes of March 10, 2010 37477
requirements for the business located at 31630 Plymouth Road, was received and
placed on file for the information of Council
On a motion by Toy, seconded by Pastor, it was
A communication from Frank W Audia, Plante Moran, dated February
4, 2010, re pre-audit information required in connection with required auditing
standards to communicate certain information to Council with respect to the Annual
Audit, was received and placed on file for the information of the Council
#76-10 RESOLVED, that having considered a letter from the
Michigan Liquor Control Commission, dated August 27, 2009, and a
report and recommendation of the Chief of Police, dated January 8,
2010, in connection therewith, the Council does hereby recommend
approval of the request from Galaxy Wine Distributors, Inc. to transfer
stock by dropping Vera Karana as stockholder through transfer of the
1,000 shares to new stockholder Rani Sheena, in conjunction with a
2009 Wholesaler License and Outstate Seller of Wine License for a
business located at 29500 Six 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
#77-10 RESOLVED, that having considered a letter from the
Michigan Liquor Control Commission, dated June 10, 2009, and a
report and recommendation of the Chief of Police, dated February 8,
2010, in connection therewith, the Council does hereby recommend
approval of the request from Liberty One Corp to transfer stock in a
2009 Class C licensed business with Entertainment Permit without
Dressing Rooms, Official Permit (Food) and Outdoor Service (1 area)
through transfer of stock (2004 Licensing Year) by adding Scott
LePage as new stockholder through transfer of 900 shares of stock
from Norman R. LePage, Transfer stock (2005 Licensing Year)
wherein Norman R LePage transfers 900 shares of stock to existing
stockholder, Scott LePage, also transfer stock wherein the corporation
issued an additional 9,000 shares of stock to existing stockholder,
Norman LePage, for a business located at 31630 Plymouth Road,
Livonia, Michigan 48150, Wayne County, and the City Clerk is hereby
requested to forward a certified copy of this resolution to the Michigan
Liquor Control Commission
#78-10 RESOLVED, that the Council does hereby direct that
Liberty One take all steps necessary to provide sufficient parking for
the restaurant to the satisfaction of the Planning Department, including
Regular Meeting Minutes of March 10, 2010 37478
applying for any necessary variances or extensions thereof, on or
before April 30, 2010
#79-10 RESOLVED, that having considered a letter from the
Michigan Liquor Control Commission, dated January 14, 2010, and the
report and recommendation of the Chief of Police, dated February 8,
2010, in connection therewith, the Council does hereby determine that
it has no objection to and does recommend approval of the amended
request from Fine Wine Distributors for a new wholesaler license to be
located at 30962 Industrial, Unit 29, Livonia, Michigan 48150 (not Unit
6), Wayne County; and the City Clerk is hereby requested to forward a
certified copy of this resolution to the Michigan Liquor Control
Commission
#80-10 RESOLVED, that having considered the report and
recommendation of the City Engineer, dated February 16, 2010, which
bears the signature of the Director of Public Works and the Director of
Finance and is approved for submission by the Mayor, to which is
attached a summary outlining the final allocation of costs in connection
with the 2009 Sidewalk Program pursuant to Council Resolution 180-
09, the Council does hereby determine as follows.
1 To establish the final project cost at $682,209 69 of which total
$178,493 53 is to be charged to the Single Lot Assessments
and $503,716 16 is to be charged to the following City funds
$380,634 77 to the Road, Sidewalk and Tree Fund (Account No
204-441-818-104), $24,012 41 to the Unexpended Fund
Balance of the Michigan Transportation Fund (Major Road
Account), $88,652 58 to the Unexpended Fund Balance of the
Michigan Transportation Fund (Local Road Account), and
$10,416 40 to the Unexpended Fund Balance of the Water and
Sewer Fund,
2 To authorize an additional appropriation and expenditure in the
amount of $33,857 00 from the Unexpended Fund Balance of
the Michigan Transportation Fund (Major Road Account) with
the provision that this fund be reimbursed from that portion of
the project which is to be financed by special assessments at
such time as funds are subsequently received from the payment
of bills and assessments by the affected homeowners,
3 To authorize an additional appropriation and expenditure in the
amount of $32,414 34 from the Road, Sidewalk and Tree Fund,
Account No 204-441-818-104 to cover additional slab
replacements related to repairs of sidewalks heaved by tree
roots,
Regular Meeting Minutes of March 10, 2010 37479
4 To authorize an additional appropriation and expenditure of
$5,253 61 from the Unexpended Fund Balance of the Michigan
Transportation Fund (Major Road Account) to cover the costs
related to the construction or reconstruction of additional
handicap ramps at major roads and other City costs and to
cover the administrative costs connected with this work,
5 To authorize an additional appropriation and expenditure of
$3,116 40 from the Unexpended Fund Balance of the Water and
Sewer Fund for sidewalk work adjacent to and including water,
storm and sanitary structure repairs, and
6 To authorize a payment of $22,585 64 to Joe Rotondo
Construction Corporation, 20711 Randall, Farmington Hills, MI
48336, $17,585 64 to be paid for the work done as part of
Construction Estimate #8 and $5,000 00 as the final payment
upon the final release by the Engineering Division for work
related to Contract 09-G
#81-10 RESOLVED, that having considered the report and
recommendation of the City Engineer, dated February 16, 2009,
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 2009 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 180-09 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 9, 2010, 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
#82-10 RESOLVED, that having considered the report and
recommendation of the City Engineer, dated February 18, 2010, which
bears the signature of the Director of Finance, is approved by the
Director of Public Works and is approved for submission by the
Mayor, the Council does hereby accept the unit price bid of Soave
Landscaping LLC, 33611 Plymouth Road, Livonia, Michigan 48150,
for completing all work required in connection with the 2010 Sidewalk
and Pavement Replacement Program - Water Main Breaks (Contract
Regular Meeting Minutes of March 10, 2010 37480
10-F) for the estimated total cost of $74,234 75 (Phase I - $38,505 00
and Phase II - $35,729 75), based upon the Engineering Division's
estimate of units involved, and subject to a 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
appropriate and authorize an expenditure in the amount of $74,234 75
from Water and Sewer Construction in Progress Account No 592-
158-000 for this purpose, and the City Engineer 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
#83-10 RESOLVED, that having considered the report and
recommendation of the City Engineer, dated February 22, 2010, which
bears the signature of the Director of Public Works and the Director of
Finance and is approved for submission by the Mayor, with regard to
proposals received for design consultant services for the Middlebelt
Road (Five Mile Road to Seven Mile Road) Traffic Signal
Modernization Project, in connection with MDOT approved Safety
Improvement Projects to reduce the number of accidents at the
intersections of Middlebelt Road at Five, Six and Seven Mile Roads,
the Council does hereby concur in the evaluations made by DPW and
the Engineering Department, and does hereby accept the proposal
submitted by Spalding DeDecker Associates, Inc., 905 South
Boulevard East, Rochester Hills, Michigan 48307, for providing Design
Consultant Services for the Traffic Signal Modernization Project for
Middlebelt Road (Five Mile Road to Seven Mile Road) in an amount
not to exceed $35,110 00; FURTHER, the Council does hereby
authorize an expenditure in an amount not to exceed $35,110 00 from
funds already budgeted in Account No 202-463-818-125 (Michigan
Transportation Fund — Major Road Account) for this purpose, and the
City Engineer is hereby authorized to approve minor adjustments in the
work as it becomes necessary; and the Mayor and City Clerk are
hereby authorized, for and on behalf of the City of Livonia, to execute a
contract with the aforesaid company and to do all other things
necessary or incidental to the full performance of this resolution
#84-10 RESOLVED, that having considered a communication
from the City Planning Commission, dated February 11, 2010, which
sets forth its resolution 02-12-2010, adopted on February 9, 2010, with
regard to a request from Vision Quest Consulting for a one-year
extension of the approval of Petition 2009-02-08-03, relative to
approval of a site plan in connection with a proposal to construct an
addition to the office building (Coburn-Kleinfeldt Eye Clinic) on property
located on the north side of Six Mile Road between Farmington Road
REVISED
Regular Meeting Minutes of March 10, 2010 37481
and Laurel Drive (33400 Six Mile Road), in the Southeast 1/4 of Section
9, previously granted in Council Resolution 151-09, adopted on April 8,
2009, the Council does hereby concur in the recommendation of the
Planning Commission and does hereby approve the requested
extension of the site plan approval in connection with Petition 2009-02-
08-03, subject to the following conditions
1 That the request for an extension of Site Plan Approval by
Vision Quest Consulting in a letter dated January 26, 2010, in
connection with Petition 2009-02-08-03, which permitted the
construction of an addition to the office building (Coburn-
Kleinfeldt Eye Clinic) at 33400 Six Mile Road, located on the
north side of Six Mile Road between Farmington Road and
Laurel Drive in the Southeast 1/4 of Section 9, is hereby
approved for a one-year period, and
2 That all conditions imposed by Council Resolution #151-09 shall
remain in effect to the extent that they are not in conflict with the
foregoing condition
A roll call vote was taken on the foregoing resolutions with the following result:
AYES Godfroid-Marecki, Toy, Brosnan, Pastor, Meakin, and
NAYS Laura
None
A communication prepared by Orchard, Hiltz & McCliment, dated
February 22, 2010, entitled "2010 Water System, Master Plan & Drinking Water
Revolving Fund (DWRF) Loan Project Plan", was received and placed on file for the
information of the Council (CR 47-10)
Brosnan provided a verbal update concerning the subject of a Water
Distribution System Master Plan and the presentation given by Orchard, Hiltz &
McCliment, and indicated the matter would remain in the Infrastructure and
Community Transit Committee at this time (CR 47-10)
A communication from the Public Service Division, dated January 22,
2010, re update on the Great Lakes Restoration Initiative (GLRI) grant, was
received and placed on file for the information of the Council (CR 44-99)
REVISED
Regular Meeting Minutes of March 10, 2010 37482
A communication from the Engineering Division, dated February 19,
2010, re streambank stabiliation at 16135 Bell Creek Court, was received and
placed on file for the information of the Council. (CR 44-99)
A communication from the Engineering Division, dated February 23,
2010, to Vicky Garling, re forwarding to her a copy of the Great Lakes Restoration
Initiative (GLRI) grant application, was received and placed on file for the information
of the Council (CR 44-99)
Three (3) communications from the Office of the Mayor, dated
February 24, 2010, addressed to Senator Carl Levin, Senator Debbie Stabenow and
Representative Thaddeus McCotter, requesting their assistance in monitoring Great
Lakes Restoration Initiative (GLRI) grant application in order to secure the funding
necessary, was received and placed on file for the information of the Council (CR
44-99)
Brosnan provided a verbal update concerning the Great Lakes
Restoration Initiative (GLRI) grant submitted to provide streambank stabilization
along Bell Creek, particularly at 16135 Bell Creek Court, and indicated this matter
would remain in the Infrastructure and Community Transit Committee at this time
(CR 44-99)
A revised Ground Lease Agreement between Schoolcraft Community
College and the City of Livonia, received on March 8, 2010, in the Office of the City
Clerk, re City-owned property on Glendale Avenue for the construction of a Public
Safety Training Campus, was received and placed on file for the information of the
Council (CR 50-10)
On a motion by Meakin, seconded by Brosnan, and unanimously
adopted, it was
#85-10 RESOLVED, that having considered the report and
recommendation of the Capital Improvement, Natural Resources and
Regular Meeting Minutes of March 10, 2010 37483
Waste Management Committee, dated March 1, 2010, submitted
pursuant to Council Resolution No 50-10, and a communication from
the Department of Law, dated January 25, 2010, approved for
submission by the Mayor, to which is attached 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 authorize the Mayor and City Clerk, for and on behalf of the
City of Livonia, to execute the Ground Lease Agreement, as well as to
do all other things necessary or incidental to the full performance of
this resolution
Jill O'Sullivan, representative of Schoolcraft Community College, 18600 Haggerty
Road, Livonia, addressed Council to thank them for their time and cooperation in
reaching a mutual agreement concerning the proposed Public Safety Training
Campus on City-owned property on Glendale Avenue
A communication from the Public Service Division, dated March 8,
2010, re requesting the proposed meter purchase contract with Etna Supply for
small diameter water meters, compound water meters, fire line meters, testers, and
meter reading appurtenances be referred to the appropriate Council Committee, was
received and placed on file for the information of the Council
On a motion by Godfroid-Marecki, seconded by Brosnan, and
unanimously adopted, it was
#86-10 RESOLVED, that having considered a communication
from the Superintendent of Public Service — Operations and the
Director of Public Works, dated March 8, 2010, in connection with the
proposed meter purchase contract with Etna Supply, the Council does
hereby refer this matter to the Infrastructure and Community Transit
Committee for its report and recommendation
On a motion by Toy, seconded by Brosnan, and unanimously adopted,
it was
#87-10 RESOLVED, that having considered a letter from Enrico
E. Soave, Esq , dated March 1, 2010, regarding changing the date
requested to waive the noise ordinance in connection with an outdoor
tent event at Doc's Sports Retreat, LLC located at 19265 Victor
Parkway to Wednesday, May 5, 2010, the Council does hereby amend
REVISED
Regular Meeting Minutes of March 10, 2010 37484
and revise Council Resolution 41-10 adopted at the February 10, 2010,
Regular meeting so as to have the same read as follows
RESOLVED, that having considered a letter from Enrico E
t,,,, 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, May 5, 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.
Enrico Soave, Attorney on behalf of Doc's Sports Retreat, LLC, 37717 Seven Mile
Road, was present to answer any questions of Council and to thank Council for their
continued cooperation
On a motion by Meakin, seconded by Pastor, and unanimously
adopted, it was
#88-10 RESOLVED, that having considered a communication
from the Mayor, dated February 25, 2010, the Council does hereby
discharge the Committee of the Whole from further consideration of
Council Resolution 427-09 relating to a request for consideration of an
amendment to the Livonia Retiree Health and Disability Benefits Plan
and Trust (VEBA) Plan Document.
On a motion by Meakin, seconded by Toy, and unanimously adopted,
it was
#89-10 RESOLVED, that having considered a communication
from the Mayor, dated February 25, 2010, and the report and
recommendation of the Human Resources Director, dated September
2, 2009, which bears the signature of the Director of Finance and is
approved for submission by the Mayor, and which transmits resolution
09-167 adopted by the Civil Service Commission on September 16,
2009, and a report and recommendation from the Secretary of the
Livonia Employees Retirement System, dated August 12, 2009, which
transmits resolution V 09-30 adopted by the Board of Trustees of the
Livonia Employees Retiree Health and Disability Benefits Plan and
Trust (VEBA), regarding a request for consideration of an amendment
to the Livonia Retiree Health and Disability Benefits Plan and Trust
(VEBA) Plan Document to incorporate language regarding participant
contributions and to provide non-union employees a one-time
irrevocable election to participate in or opt out of the Plan as required
by Internal Revenue Service Code Section 501(c)(9), the Council does
Regular Meeting Minutes of March 10, 2010 37485
hereby approve the proposed amendment to the Retiree Health and
Disability Benefits Plan and Trust (VEBA) Plan Document.
On a motion by Brosnan, seconded by Meakin, and unanimously
adopted, it was
#90-10 RESOLVED, that the Council does hereby refer the issue
of the vacancy of the City Clerk position to the Committee of the Whole
for its report and recommendation
Toy indicated this would be the last meeting attended by City Clerk
Linda Grimsby, given her recent announcement of retirement after more than 30
years of dedicated service to the City Toy stated she encouraged Ms Grimsby to
run for the City Treasurer's position when she vacated that position Toy stated the
Council at that time appointed Ms Grimsby and she did an excellent job elevating
that Office and was admired by her Staff at the time and subsequent thereto Toy
indicated following her tenure as City Treasurer, Ms Grimsby ran for and won the
position of City Clerk. Toy indicated Ms Grimsby has done an outstanding job in her
many years of service as a public servant and wished her well and thanked her for
her outstanding contributions to the City
Meakin thanked Ms Grimsby for her many years of service and wished
her well in her retirement.
Pastor reiterated the well wishes of Toy and Meakin and stated Ms
Grimsby would be missed by everyone at City Hall
Godfroid-Marecki thanked Ms Grimsby for her 30 years of great
service and indicated she would be missed by all
Brosnan wished Ms Grimsby well in her retirement and indicated she
has a great deal to offer wherever she may go and whatever she may do Brosnan
stated Livonia has benefited from the many years of talent and skill Ms Grimsby
brought to the City and wished her peace in her retirement.
Laura offered retirement congratulations to Ms Grimsby and indicated
she should be proud of the job she has done because Council has always had great
confidence things would be done right and with the greatest of integrity by her
Brosnan announced Bill Joyner is planning a "Hometown Birthday
Bash" to celebrate the 175th anniversary of the founding of Livonia as a township
Brosnan indicated the event would be full of fun-filled activities and would be
attended by current and former elected officials The event is scheduled to take
place on Sunday, March 28th from 1 00 to 3.00 p m at the Civic Center Library and
encouraged all to attend the event.
Regular Meeting Minutes of March 10, 2010 37486
Godfroid-Marecki congratulated Laura for doing a good job running the
meeting in the absence of President McCann
On a motion by Meakin, seconded by Toy, and unanimously adopted,
this 1,652nd Regular Meeting of the Council of the City of Livonia was adjourned at
842 p m
CZnia, Aeo-2,41
Linda Grimsby, City CI4,,