HomeMy WebLinkAboutCOUNCIL MINUTES 2009-06-10 37201
MINUTES OF THE ONE THOUSAND SIX HUNDRED THIRTY FOURTH
REGULAR MEETING OF JUNE 10, 2009
On June 10, 2009, 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 Pastor led the meeting with the Pledge
of Allegiance
Roll was called with the following result: John Pastor, Joe Laura, Brian
Meakin, Thomas Robinson, and Terry Godfroid-Marecki Absent: James McCann
and Laura Toy
Elected and appointed officials present: Todd Zilincik, City Engineer;
Karen Tesner, Director of Legislative Affairs, Mark Taormina, City Planner; Don
Knapp, City Attorney; Alex Bishop, Director of Inspection, Fire Chief Shadd
Whitehead, Kevin Roney, Assistant City Engineer; Michael Slater, Director of
Finance, Linda Grimsby, City Clerk, and Mayor Jack Kirksey
On a motion by Meakin, seconded by Pastor, and unanimously
adopted, it was
#242-09 RESOLVED that the Minutes of the 1,633`d Regular
Meeting of the Council held May 27, 2009 are hereby approved as
submitted
On a motion by Meakin, seconded by Pastor, and unanimously
adopted, it was
#243-09 RESOLVED that the Minutes of the 245th Special
Meeting of the Council held June 6, 2009 are hereby approved as
submitted
Regular Meeting Minutes of June 10, 2009 37202
Pastor welcomed back his son, Ryan, and his girlfriend, Ashley, who
recently returned from their three and a half week Intercultural Relations Internships
with Spring Arbor University in Uganda and Greece
Robinson wished his sister, Janet Roberts, a Happy Birthday and
indicated his sister will celebrate a "milestone" birthday
Vice-President Godfroid-Marecki welcomed back Karen Tesner,
Director of Legislative Affairs, who recently returned and thanked Judy Priebe for her
diligent work in the absence of Ms Tesner
Laura presented a commendation on behalf of the Mayor and Council
to Seedlings Braille Books for Children, which recently celebrated its 25th
Anniversary The Founder and Director of Seedlings, Debra J Bonde, was present
at the meeting to accept the commendation
Pastor presented at tribute to Major Joseph Girolamo (Major Joe), who
was recently named "Veteran of the Year" Pastor indicated Major Joe was present
at many Eagle Scout ceremonies throughout the community and thanked Major Joe
for his dedication and service to our nation
Wayne County Commissioner Joan Gebhardt, State Senator Glenn
Anderson, and State Representative John Walsh presented Major Joseph Girolamo
(Major Joe) with tributes and honored Major Joe for serving his country and winning
the recent "Veteran of the Year" award Major Joe was present to accept the
tributes and thanked everyone for their support and the honor of being named
"Veteran of the Year"
During Audience Communication, Mark Garrison, 19318 St. Francis,
President, Livonia Jaycees, provided Council with an update on recent awards and
accomplishments of the Livonia Chapter of Jaycees obtained at the recent statewide
Jaycees convention
Brandon Kritzman, 29601 Jacquelyn Drive, Vice President of
Community Development, Livonia Jaycees, was present at the meeting and
addressed Council to provide an update on recently completed charity and
community service-related projects and indicated the Livonia Jaycees has planned
several future events as well
Joe Neussendorfer, 11316 Merriman Road, addressed Council to
recognize the many Livonia residents who maintain the City's public rights-of-way
Mr Neussendorfer indicated these residents mow the grass, cut down weeds,
unplug storm sewers, pick up trash, plant flowers, and clear snow and other
obstructions from City fire hydrants and wanted to make sure these residents were
commended for their diligent efforts
Regular Meeting Minutes of June 10, 2009 37203
Mayor Kirksey addressed Council to review recent past events and
stated the Council held its 245th Special Meeting last Saturday, June 6, 2009, to
adopt a resolution in support of the auto dealerships within the City Mayor Kirksey
announced the GM Powertrain plant is scheduled to close in June, 2010 In
addition, Mayor Kirksey encouraged all Livonia citizens to write letters to the
appropriate lawmakers to show their support of the auto dealerships and to indicate
their objections to the mandated closing of various dealerships located along
Plymouth Road
A communication from the Department of Finance, dated May 27,
2009, re forwarding various financial statements of the City of Livonia for the month
ending April 30, 2009, was received and placed on file for the information of the
Council.
On a motion by Pastor, seconded by Laura, it was
#244-09 RESOLVED, that having considered an application from
Patricia Holcomb, 12387 Cavell, dated May 19, 2009, requesting
permission to close Cavell between Grantland and Capitol on
Saturday, July 4, 2009, from 10 00 a m to 10 00 p m for the purpose
of conducting a block party, the Council does hereby grant permission
as requested, the action taken herein being made subject to the
approval of the Police Department.
#245-09 RESOLVED, that having considered an application from
Stacie Pettit, 8937 Louisiana, dated May 20, 2009, requesting
permission to close Louisiana between Oregon and Kentucky on
Saturday, August 29, 2009, from 11 00 am to 10 00 pm for the
purpose of conducting a block party, the Council does hereby grant
permission as requested, the action taken herein being made subject
to the approval of the Police Department.
#246-09 RESOLVED, that having considered an application from
Andrea Kolhoff, Devon-Aire Civic Association, 9903 Flamingo, dated
May 14, 2008, requesting permission to close Sunset between
Richland and Robert and Robert between Sunset and Flamingo on
Saturday, August 8, 2009, from 1000 a.m to 6 00 p m for the purpose
of conducting a block party, the Council does hereby grant permission
as requested, including therein permission to conduct the said affair on
Sunday, August 9, 2009, in the event of inclement weather, the action
taken herein being made subject to the approval of the Police
L. Department.
Regular Meeting Minutes of June 10, 2009 37204
#247-09 RESOLVED, that having considered an application from
Nicole Bush, 14641 Susanna, dated May 22, 2009, requesting
permission to close Susanna between Ross and Donald on Saturday,
July 11, 2009, from 1 00 p m to 10 00 p m for the purpose of
conducting a block party, the Council does hereby grant permission as
requested, including therein permission to conduct the said affair on
Sunday, July 12, 2009, in the event of inclement weather, the action
taken herein being made subject to the approval of the Police
Department.
#248-09 RESOLVED, that having considered a letter from Fred E
Sackllah, Festival Chair Person, The Basilica of St. Mary Antiochian
Orthodox Church, dated May 21, 2009, regarding their Second Annual
Sahara Fest scheduled for Thursday through Sunday, July 16-19,
2009, the Council does hereby grant and approve three (3) 4' x 4'
signs to be placed on St. Mary's property and at Bryant Park no earlier
than Wednesday, June 17, 2009, and removed no later than Monday,
July 20, 2009
#249-09 RESOLVED, that having considered a letter from Fred E.
Sackllah, Festival Chair Person, The Basilica of St. Mary Antiochian
Orthodox Church, dated May 21, 2009, regarding their Second Annual
Sahara Fest scheduled for Thursday through Sunday, July 16-19,
2009, the Council does hereby determine to waive Section 8 32 070
(Noise Control) of the Livonia Code of Ordinances between the hours
of 10 00 a m and 10 00 p m , except on Sunday ending at 9 00 p m ,
in connection with this event to be held July 16-19, 2009 at Bryant Park
located at 18000 Merriman Road
#250-09 RESOLVED, that having considered the report and
recommendation of the City Engineer — Operations and the Director of
Public Works, dated May 12, 2009, 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 100% of the City's
requirement of rock salt used for ice control from The Detroit Salt
Company, 12841 Sanders Street, Detroit, Michigan 48217, at the unit
price of $41 77 per ton available through consortium bid pricing, for an
estimated total amount of $229,735 00, for the period August 1, 2009,
through June 30, 2010; FURTHER, the Council does hereby authorize
an expenditure in an amount not to exceed $229,735 00 from funds
already budgeted for this purpose in Account No 101-463-784-000
(Snow Removal Supplies), FURTHER, the Council does hereby
authorize the aforesaid action without competitive bidding in
accordance with Section 3 04 140 D 4 of the Livonia Code of
Ordinances, as amended
i
Regular Meeting Minutes of June 10, 2009 37205
#251-09 RESOLVED, that having considered the report and
recommendation of the City Engineer, dated May 12, 2009, which
bears the signature of the Director of Public Works and is approved for
submission by the Mayor, the Council does hereby authorize the
release to Leo Soave Building, Inc, 20592 Chestnut Circle, Livonia,
Michigan 48152, the proprietor of Livonia Manor Site Condominiums,
located in the Southeast 1/4 of Section 3, of the financial assurances
previously deposited pursuant to Council Resolution 468-06 adopted
on September 27, 2006, specifically'
Sidewalk Bond $5,000 00 (all cash), and
Monuments and Markers $ 670 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
have been satisfactorily installed in accordance with the Rules and
Regulations and Ordinances of the City of Livonia
#252-09 RESOLVED, that having considered the report and
recommendation of the City Engineer, dated May 22, 2009, which
bears the signature of the Director of Finance and is approved by the
Director of Public Works and approved for submission by the Mayor,
with regard to proposals received for on-call Construction Inspection
and Testing Services and Inspection Only Services for work performed
on City of Livonia property or within the right-of-way, the Council does
hereby concur in the evaluations made by the Engineering Division,
and does hereby approve a two (2) year contract ending November 30,
2010, with a one (1) year renewable clause to provide on-call
Construction Inspection and Testing Services with Orchard, Hiltz and
McCliment, Inc , 34000 Plymouth Road, Livonia, Michigan 48150 for
an amount not to exceed $512 00 per day, and with Spalding,
DeDecker Associates, Inc , 905 S Boulevard East, Rochester Hills,
Michigan 48307 for an amount not to exceed $480 00 per day for the
services of a Construction Tech II and $600 00 per day for a Senior
Construction Tech, FURTHER, the Council does hereby authorize a
two (2) year contract ending November 30, 2010, with a one (1) year
renewable clause to provide on-call Inspection Only Services with
Professional Engineering Associates, Inc , 2430 Rochester Ct., Suite
100, Troy, Michigan 48083 for an amount not to exceed $500 00 per
day, with Ken P Buccilli, L.L.0 , 22248 Cape Cod Way, Farmington
Hills, Michigan 48336 in an amount not to exceed $440 00 per day,
and with Wade Trim Associates, Inc , 25251 Northline Road, Taylor,
Michigan 48180 in an amount not to exceed $400 00 per day;
FURTHER, the Council does hereby authorize these expenditures
from funds budgeted in Account No 101-441-818-005 (Professional
Services Account) and/or in Account No 101-441-702-000 (Salaries
Regular Meeting Minutes of June 10, 2009 37206
and Wages) for this purpose, and the Mayor and City Clerk are hereby
authorized, for and on behalf of the City of Livonia, to execute
contracts with the aforesaid companies and to do all other things
necessary or incidental to the full performance of this resolution
#253-09 RESOLVED, that having considered a communication
from the City Planning Commission, dated May 20, 2009, which
transmits its resolution 05-33-2009 adopted on May 19, 2009, with
regard to Petition 2009-04-08-05 submitted by Nudell Evangelista
Architects, requesting site plan approval in connection with a proposal
to construct a new clubhouse at the Whispering Willows Golf Course
on property located on the east side of Newburgh Road between
Seven Mile Road and Eight Mile Road (20500 Newburgh Road), in the
Northwest 1/4 of Section 5, pursuant to the provisions set forth in
Section 18 58 of Ordinance No 543, as amended, the Council does
hereby concur in the recommendation made by the Planning
Commission and Petition 2009-04-08-05 is hereby approved and
granted, subject to the following conditions
1 That the Site Plan marked Sheet A-100 dated May 1, 2009, as
revised, prepared by Nudell Evangelista Architects, is hereby
approved and shall be adhered to,
2 That the Exterior Building Elevation Plans marked Sheets A501
and A502 both dated May 13, 2009, as revised, prepared by
Nudell Evangelista Architects, are hereby approved and shall be
adhered to,
3 That the brick used in the construction shall be full face four (4")
inch brick,
4 That the three walls of the trash dumpster area shall be
constructed out of the same brick used in the construction of the
building or in the event a poured wall is substituted, the wall's
design, texture and color shall match 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,
5 That the 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
Environmental Quality;
Regular Meeting Minutes of June 10, 2009 37207
toe 6 That the petitioner shall correct to the Fire Department's
satisfaction the stipulations contained in the correspondence
dated May 1, 2009,
7 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; and
8 Pursuant to Section 19 10 of Ordinance No 543, the Zoning
Ordinance of the City of Livonia, this approval is valid for a
period of one year only from the date of approval by City
Council, and unless a building permit is obtained, this approval
shall be null and void at the expiration of said period
A roll call vote was taken on the foregoing resolutions with the following result:
AYES Pastor, Laura, Meakin, Robinson, and Godfroid-Marecki
NAYS None
A communication from the Engineering Division, dated June 3, 2009,
re the economic impact on the Water and Sewer Fund by limiting the consumption
rate increase to 5 3% provided as additional information concerning Water and
Sewer rates, was received and placed on file for the information of the Council (CR
214-09)
A communication from the Engineering Division, received in the Office
of the City Clerk on June 5, 2009, re Water and Sewer Rate History for period 1999-
2009 provided as additional information concerning Water and Sewer rates, was
received and placed on file for the information of the Council (CR 214-09)
On a motion by Meakin, seconded by Pastor, and unanimously
adopted, it was
#254-09 RESOLVED, that the Council does hereby discharge the
Committee of the Whole from further consideration of Council
Resolution 155-09 relating to the proposed Water Service Contract
Regular Meeting Minutes of June 10, 2009 37208
between the City of Livonia and the City of Detroit, and does hereby
direct that this matter be taken up for consideration by the Council at
this time
On a motion by Meakin, seconded by Pastor, and unanimously
adopted, it was
#255-09 RESOLVED, that having considered a communication
from the Water and Sewer Board, dated March 16, 2009, which bears
the signature of the City Attorney and is approved for submission by
the Mayor, and which sets forth Water and Sewer Board resolution WS
3903 wherein the Board concurred with the recommendation of the
Assistant City Engineer in his letter dated February 26, 2009 and has
recommended that the proposed Water Service Contract between the
City of Livonia and the City of Detroit be approved, the Council does
hereby approve the Water Service Contract between the City of
Livonia and the City of Detroit in the manner and form herein submitted
for a term of thirty (30) years with the option of renewing for ten (10)
year terms thereafter; and the Mayor and City Clerk are hereby
authorized, for and on behalf of the City of Livonia, to execute the
contract and to do all other things necessary or incidental to the full
performance of this resolution
Pastor gave first reading to the following Ordinance
AN ORDINANCE AMENDING SECTION 040 OF TITLE 13, CHAPTER
08 (WATER SERVICE RATES AND REVENUES) 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 Pastor, Laura, Meakin, and Robinson
NAYS Godfroid-Marecki
The Vice-President declared the foregoing Ordinance duly adopted, and would
become effective on publication
Regular Meeting Minutes of June 10, 2009 37209
Pastor gave first reading to the following Ordinance
AN ORDINANCE AMENDING SECTION 120 OF TITLE 13, CHAPTER
20 (LIVONIA SEWAGE DISPOSAL SYSTEM) 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 Pastor, Laura, Meakin, and Robinson
NAYS Godfroid-Marecki
The Vice-President declared the foregoing Ordinance duly adopted, and would
become effective on publication
Pastor gave first reading to the following Ordinance
AN ORDINANCE AMENDING SECTION 050 OF TITLE 13, CHAPTER
28 (INDUSTRIAL WAGE SURCHARGE) OF THE LIVONIA CODE OF
ORDINANCES, AS AMENDED
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 Pastor, Laura, Meakin, and Robinson
NAYS Godfroid-Marecki
The Vice-President declared the foregoing Ordinance duly adopted, and would
become effective on publication
Pastor gave first reading to the following Ordinance
AN ORDINANCE ADDING SECTION 17 09 TO ARTICLE XVII OF
ORDINANCE NO 543, AS AMENDED, KNOWN AND CITED AS "THE
CITY OF LIVONIA ZONING ORDINANCE " (Petition 2008-05-06-01)
Regular Meeting Minutes of June 10, 2009 37210
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 The
above Ordinance was placed on the table for consideration at an upcoming regular
meeting
Meakin gave first reading to the following Ordinance
AN ORDINANCE ADDING SECTION 250 TO TITLE 3, CHAPTER 04
(FINANCIAL PROCEDURES) OF THE LIVONIA CODE OF
ORDINANCES, AS AMENDED
Meakin 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 Pastor, Meakin, Robinson, and Godfroid-Marecki
NAYS Laura
The Vice-President declared the foregoing Ordinance duly adopted, and would
become effective on publication
On a motion by Meakin, seconded by Laura, and unanimously
adopted, it was
#256-09 RESOLVED, that having considered a communication
from the City Treasurer dated June 2, 2009, regarding the replacement
of sidewalks in the City of Livonia in connection with the 2008 Sidewalk
Program on the following parcels in the following amounts
Parcels of property and assessment, as outlined in
the Treasurer's letter, dated June 2, 2009, is included
herein by reference,
which work was done pursuant to Council Resolution 182-08 and in
accordance with the provisions of Section 12 04 340 of the Livonia
Code of Ordinances, as amended, and the City Treasurer having
thereafter sent a statement of charges by first class mail to the owners
of property to be assessed wherein notice of the meeting by the City
Regular Meeting Minutes of June 10, 2009 37211
Council on this date was given and at least 30 days having expired
since the giving of such notice with such charges remaining unpaid,
the Council does hereby, pursuant to the provisions of Section
3 08 150 of the Livonia Code of Ordinances, adopt this resolution
wherein a special assessment is placed upon such property for said
charges, FURTHER, the Council does hereby authorize installment
payments in the number of three (3) installments at 6% interest where
assessments exceed $400 and the property owner has requested such
installments, FURTHER, the Council does hereby request that the City
Treasurer shall give notice of the amounts herein determined to the
persons chargeable therewith, such notice to be sent by first class mail
to the last known address of such persons as shown on the most
current assessment roll of the City, and where payments herein
authorized are not made within the specified time this fact shall be
reported by the City Treasurer to the City Assessor who shall charge
such amount together with a penalty of 10% of such amounts against
the persons or real property chargeable therewith on the next general
tax roll, and the City Clerk and City Treasurer are hereby requested to
do all things necessary or incidental to the full performance of this
resolution
Shawn Brewer, 32296 Meadowbrook, addressed Council to inquire whether
payment arrangements could be negotiated with the City for residents who have
encountered difficult economic times relative to repayment for work completed in the
2008 Sidewalk Program (CR 127-09)
On a motion by Pastor, seconded by Robinson, and unanimously
adopted, it was
#257-09 RESOLVED, that having considered a communication
from the Director of Inspection, dated April 10, 2009, approved for
submission by the Mayor, with regard to a request to demolish the
residential structures located at 33680 Orangelawn, Livonia, Michigan,
the legal description of which is as follows
Lot 141 Excluding North 338 0 Ft. of Supervisors Livonia
Plat No 2, TIS R9E, Liber 66 of Plats P1 Wayne County
Records (Commonly known as 33680 Orangelawn,
Livonia, Michigan, Tax ID No 46-129-01-0141-001)
and the Council having conducted a Public Hearing with regard to this
matter on May 27, 2009, and based upon the testimony and evidence
presented, and having reviewed the file and the Order for Demolition of
the Hearing Officer, the Council does hereby determine, in accordance
with the provisions set forth in Section 15 52 150 of the Livonia Code
Regular Meeting Minutes of June 10, 2009 37212
of Ordinances, as amended, to concur in and approve the Order of
Demolition of the Hearing Officer; FURTHER, the Director of
Inspection is hereby authorized to do all things necessary to
accomplish the demolition of the said structures on or after July 18,
2009, in accordance with provisions of City Ordinance and law, the
cost of which is to be borne by the owner(s) of the said property in
accordance with Section 15 52 180 of the Livonia Code of Ordinances
On a motion by Laura, seconded by Pastor, and unanimously adopted,
it was
#258-09 RESOLVED, that having considered the request of
Councilmember Joe Laura to prohibit utilizing City fuel in connection
with personal use of City vehicles, the Council does hereby refer this
matter to the Committee of the Whole for its report and
recommendation
On a motion by Robinson, seconded by Pastor, and unanimously
adopted, it was
#259-09 RESOLVED, that the Council does hereby discharge the
Committee of the Whole from further consideration of Council
Resolution 164-09 relating to the issue of placing City logos on City-
owned vehicles, and does hereby direct that this matter be taken up for
consideration by the Council at this time
On a motion by Robinson, seconded by Laura, and unanimously
adopted, it was
#260-09 RESOLVED, that having considered a request from
Councilmember Thomas Robinson, the Council does hereby refer the
matter of placing logos on City-owned vehicles to the Department of
Law for preparation of a policy or Ordinance that requires City logos to
be placed on all City-owned vehicles with the exception of the Mayor,
16th District Court Judges, and Police vehicles utilized for undercover
or surveillance purposes, for submission to Council
There was no Audience Communication at the end of the meeting
Laura commended Vice-President Godfroid-Marecki for running a good
but difficult meeting and thanked Councilmember Pastor for his hard work and
excellent leadership skills Laura indicated Pastor was an asset to Council and to
the City as well
Regular Meeting Minutes of June 10, 2009 37213
Robinson concurred with Laura's comments regarding Vice-President
Godfroid-Marecki and Councilmember Pastor and added "Go Wings!"
Godfroid-Marecki congratulated Kevin and Beth Priddy on the birth of
their third child, James, and indicated James is doing well and recovering from
surgery at this time
Pastor thanked fellow Councilmembers for their comments and support
and stated he looked forward to working on other issues with the Council in the
future
On a motion by Meakin, seconded by Robinson, and unanimously
adopted, this 1,634th Regular Meeting of the Council of the City of Livonia was
adjourned at 911 p.m
(- 1.1Y2/2/-v
Linda Grimsby, City Cl