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HomeMy WebLinkAboutCOUNCIL MINUTES 2002-12-09 MINUTES OF THE ONE THOUSAND FOUR HUNDRED SEVENTY-EIGHTH REGULAR MEETING OF DECEMBER 9, 2002 On December 9, 2002, 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 Knapp delivered the invocation, and offered his condolences to the family of Janet Cooper, who was a member of the City of Livonia Board of Ethics and has served the City of Livonia in many areas Roll was called with the following result: Donald Knapp, Val Vandersloot, Linda Dolan, Gerald Taylor, Joe Laura, Maureen Miller Brosnan, and Jack Engebretson Absent: - None Elected and appointed officials present: Jack E Kirksey, Mayor; John Hill, Assistant City Engineer; Mark Taormina, City Planner; Sean Kavanagh, City Attorney; Joan McCotter, City Clerk, Karen Szymula, Director of Legislative Affairs, Ron Reinke, Superintendent of Parks and Recreation and Ian Wilshaw, Traffic Commission On a motion by Taylor, seconded by Brosnan, it was CR 636-02 RESOLVED, that the minutes of the 1,477th Regular Meeting of the Council held November 20, 2002 are hereby approved as submitted A roll call vote was taken on the foregoing resolution with the following result. AYES Knapp, Dolan, Taylor, Laura and Brosnan NAYS None PRESENT Vandersloot and Engebretson During the audience communication portion of the agenda, Kenneth Slusser, 36535 Roycroft, Livonia, 48154, expressed his concerns about the Travel Program of the Livonia Hockey Association, specifically, his opinion that there is routine benching of players on Livonia travel teams and routine cutting of Livonia players in Regular Meeting of December 9, 2002 33865 favor of non-resident players, so that more-skilled players can have more ice time and result in a winning team Mayor Kirksey thanked the following Parks Division employees for the Christmas lighting display, the Friends of Greenmead who conducted the Annual Christmas Walk on Saturday, December 7, and the Public Service employees who did an excellent job on leaf pick-up/snow removal duty He also spoke about the State- funded revenue cuts (about 3 5%), and thanked Senators Thaddeus McCotter and Loren Bennett and Representatives Laura Toy and John Stewart for their efforts on behalf of the City of Livonia relative to this matter Council President Engebretson recognized Ed Clancy and Boy Scout Troop 900 from Mt. Hope Lutheran Church who were in attendance at the Council Meeting in connection with earning a merit badge A communication from the Department of Finance, dated November 20, 2002, re forwarding various financial statements of the City of Livonia for the month ending October 31 , 2002, was received and placed on file for the information of the Council On a motion by Brosnan, seconded by Knapp, it was CR 637-02 RESOLVED, that having considered the letter from Steve Cooper, St. Edith Festival Committee, dated November 6, 2002, requesting the Council grant a waiver of the City's noise ordinance to allow entertainment as part of their Church Festival in St. Edith's parking lot on Friday and Saturday, June 13 and 14, 2003, as amended from 5 00 pm to 10 00 p m , and from 4 00 p m to1000pm on Sunday, June 15, 2003, the Council does hereby approve this request in the manner and form herein submitted CR 638-02 RESOLVED, that having considered the report and recommendation of the Director of Public Works, City Engineer, Superintendent of Parks and Recreation, City Librarian and the Water and Sewer Board Chairman, dated October 23, 2002, which bears the signature of the Director of Finance and is approved for submission by the Mayor, the Council does hereby authorize an additional appropriation and expenditure in the amount of $13,800 00 (single lot assessment portion of the 2002 Sidewalk Program) to be paid to Hard Rock Concrete, Inc , 38146 Abruzzi Drive, Westland, Michigan 48185, from the General Obligation Road Improvement Bond issue with the provision that this Bond Issue be reimbursed from that portion of the project which is to be financed by special assessment at such time as funds are subsequently Regular Meeting of December 9, 2002 33866 received from the payment of bills and assessments by affected property owners, FURTHER, the Council does hereby appropriate and authorize an additional expenditure in the amount of $1,017 45 from the Michigan Transportation Fund (Local Road Account) to pay for the City's portion of the contract; FURTHER, the Council does hereby authorize an appropriation and expenditure of $880 00 for work completed at Sheldon Pool from the Sheldon Pool Capital Improvement Fund (Account No 101- 722-987-000), $5,057 00 for work completed in connection with the Noble Library parking lot from the Library Trust Fund (Account 101-722-390-000) and $33,045 55 for replacing concrete in conjunction with water main breaks from the Unexpended Fund Balance of the Water and Sewer Fund CR 639-02 RESOLVED, that having considered the report and recommendation of the Director of Public Works and the City Engineer, dated November 14, 2002, which bears the signature of the Director of Finance and is approved for submission by the Mayor, and to enable the City to continue to be the municipal enforcing authority for soil erosion, the Council does hereby accept the low quotation submitted by Quality Control Inspection, Inc , 40 Tarbell Avenue, Bedford, Ohio 44148, to perform soil erosion and sedimentation control inspections on an as- needed basis at a rate of $45 00 per hour; FURTHER, the Council does hereby authorize an expenditure in an amount not to exceed $9,000 00 for the balance of this fiscal year and an amount not to exceed $30,000 00 for the 2003 fiscal year from funds budgeted in the Contractual Services- Consultant Account No 101-441-818-005 for this purpose CR 640-02 RESOLVED, that having considered the report and recommendation of the Director of Public Works and the City Engineer, dated November 12, 2002, which bears the signature of the Finance Director and is approved for submission by the Mayor, the Council does hereby establish the final project cost at $38,379 14 for the Loveland Avenue Underdrain System Project, previously approved in Council Resolution 416-02, and authorize an additional appropriation and expenditure in the amount of $13,634 80 from the Unexpended Fund Balance of the Drainage Projects Construction Fund (465) for the elimination of a gas main conflict and additional restoration ($7,670 00) and installing a 15" sewer instead of a 6" sewer ($5,964 80), FURTHER, the Council does hereby authorize final payment in the amount of $38,379 14 to Maintenance Men, Inc , 29100 Terrence, Livonia, Michigan 48154, upon final acceptance by the Engineering Department. CR 641-02 RESOLVED, that having considered the report and recommendation of the Department of Law, dated November 7, 2002, approved for submission by the Mayor, in connection with Council Resolution 486-02, the Council does hereby determine that construction bonds in the amount of $1,000 00 shall be posted by telecommunications Regular Meeting of December 9, 2002 33867 providers for construction of overhead telecommunications facilities in the City, and that bonds in the amount of $500 00 for each four hundred (400) feet of underground telecommunications facilities construction shall be posted by telecommunications providers A roll call vote was taken on the foregoing resolutions with the following result: AYES Knapp, Vandersloot , Dolan, Taylor, Laura, Brosnan, and Engebretson NAYS None A communication from the Department of Law, dated August 8, 2002, re amending the clustering provisions of the City of Livonia's Zoning Ordinance, as well as one dated December 3, 2002 re revising the first sentence of Section 20 04 by adding the verbiage " shall send a resolution recommending approval or denial to the City Council for the final " , was received and placed on file for the information of the Council (Petition 2001-09-06-09) (CR 242-02 and 372-02) Councilmember Brosnan gave first reading to the following Ordinance AN ORDINANCE AMENDING SECTIONS 20 02A, 20 04 AND 20 05 OF ARTICLE XX OF ORDINANCE NO 543, AS AMENDED, KNOWN AND CITED AS "THE CITY OF LIVONIA ZONING ORDINANCE" (Petition 2001-09-06-09) 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 the next regular meeting A communication from the Department of Public Works, dated November 6, 2002, re the Signage Package, Marquis Sign Revision and proposed Equipment Storage Building, relative to the Livonia Community Recreation Center, was received and placed on file for the information of the Council Regular Meeting of December 9, 2002 33868 A communication from Ronald Reinke, Superintendent of Parks and Recreation, and Robert Schron, City Engineer, dated November 18, 2002, re the safety issues of message signs, relative to the proposed signage for the Livonia Community Recreation Center, was received and placed on file for the information of the Council A communication from Sgt. Wesley McKee, Livonia Police Department, dated November 22, 2002, re issues of safety regarding scrolling signs and no relation being found between signs and accidents at intersections controlled by traffic signals, as it relates to signage at the Livonia Community Recreation Center, was received and placed on file for the information of the Council At the direction of the Chair, a vote on Agenda Item # 7, regarding signage at the Livonia Community Recreation Center, was transferred to the City Council meeting of December 18, 2002 At the direction of the chair, the subject matter of installing an equipment storage building at the Livonia Community Recreation Center is to remain in the Capital Improvement Committee Mark Russell, Russell Design, 108 N Center Street, Northville, Michigan, was present at the meeting to answer questions of the Council Councilmember Knapp gave first reading to the following Ordinance AN ORDINANCE AMENDING SECTION 33 OF THE ZONING MAP OF THE CITY OF LIVONIA AND AMENDING ARTICLE III OF ORDINANCE NO 543, AS AMENDED, KNOWN AND CITED AS "THE CITY OF LIVONIA ZONING ORDINANCE" BY ADDING SECTION 3 THERETO (Petition 2002-06-01-09) Regular Meeting of December 9, 2002 33869 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 the next regular meeting At the direction of the Chair, Agenda Item #9, regarding proposed amendments to the Retirement Ordinance, was removed from the agenda and will be placed on the agenda of the Council meeting of December 18, 2002 Councilmember Brosnan gave first reading to the following Ordinance AN ORDINANCE ADDING CHAPTER 05 (TELECOMMUNICATIONS) TO TITLE 12 AND REPEALING CHAPTER 06 (TELECOMMUNICATIONS) OF TITLE 12 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 The above Ordinance was placed on the table for consideration at the next regular meeting A communication from the Department of Law, dated December 5, 2002, re additional language to Section 12 05 090 of the Telecommunications Ordinance, wherein a specific time period is set for repair to damage of right-of-way after installation, w as received and placed on file for the information of the Council On a motion by Brosnan, seconded by Knapp, and unanimously adopted, it was CR 642-02 WHEREAS, the State of Michigan recently enacted the Metropolitan Extension Telecommunications Rights-of-Way Oversight Act, Act No 48 of the Public Acts of 2002 (the "Act"), and WHEREAS, the Act, among other things, provides for a uniform permit and permit fee for access to and use of the public rights-of-way by telecommunications providers, and Regular Meeting of December 9, 2002 33870 WHEREAS, the Act further provides, among other things, for a distribution of funds from the Metropolitan Extension Telecommunications Rights-of- Way Oversight Authority (the "Authority"), established pursuant to Section 3 of the Act, provided the City takes certain action in compliance with the Act; and WHEREAS, the City has, contemporaneously with this resolution, adopted Ordinance No 2586 (the "Ordinance") for purposes of complying with the requirements of the Act, so as to ensure that the City qualifies for distributions from the Authority under the Act; and WHEREAS, the City desires to give additional instruction and direction to the City personnel charged with implementing the Ordinance, NOW, THEREFORE, it is hereby RESOLVED, that the City Attorney is hereby authorized and directed to identify all telecommunications providers holding permits or authorizations issued by the City and, as part of that process, to compile a list of all telecommunication providers who have paid fees to the City since 1990, all telecommunications providers identified in the City's engineering or construction permit files, and all regulated telephone interexchange carriers and competitive access providers listed on the website of the Michigan Public Service Commission, and all regulated local telephone companies licensed in Michigan listed on such website, FURTHER RESOLVED, that the City Attorney is hereby authorized and directed to provide a copy of the Ordinance to the cable company providing service in the City, and to all telecommunications providers identified above, in satisfaction of the requirements of Section 13(4) of the Act; and FURTHER RESOLVED, that the Finance Department of the City is hereby directed to return to telecommunications providers any checks or portion of checks received by the City from such providers for access and usage of the public rights-of-way in the City after November 1, 2002 (other than the $500 00 application fee allowed under the Act and any fees or funds received from the Authority) Councilmember Taylor took from the table, for second reading and adoption, the following Ordinance AN ORDINANCE VACATING PORTIONS OF STREET, ALLEY AND PUBLIC GROUND (Petition 2002-04-03-04) Regular Meeting of December 9, 2002 33871 A roll call vote was taken on the foregoing Ordinance with the following result: AYES Knapp, Vandersloot, Dolan, Taylor, Laura, Brosnan and Engebretson NAYS None The President declared the foregoing Ordinance duly adopted, and would become effective on publication On a motion by Knapp, seconded by Dolan, and unanimously adopted, it was CR 643-02 RESOLVED, that having considered a communication from the Fire Chief, dated October 25, 2002, 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 a cash donation in the amount of $996 63 from Champps Entertainment, Inc , the same to be appropriated and credited to Account No 702 285-336 to be used for the purposes designated by the donor On a motion by Brosnan, seconded by Knapp, and unanimously adopted, it was CR 644-02 RESOLVED, that having considered a communication from the Fire Chief, dated November 15, 2002, 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 a cash donation in the amount of $500 00 from the Livonia Community Foundation, the same to be appropriated and credited to Account No 702 --- 285-338 to be used for the purposes designated by the donor On a motion by Taylor, seconded by Dolan, and unanimously adopted, it was CR 645-02 RESOLVED, that having considered a communication from the Director of Community Resources, dated November 21, 2002, 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 a grant for the Civic Park Senior Center's Healthy Aging ithi• In Place Program in the amount of $3,500 00 from the Livonia Community Foundation, Inc , the same to be appropriated and credited to Account No Regular Meeting of 9, 2002 33872 225-000-698-000 for this purpose, FURTHER, the Council does, for and on behalf of the City of Livonia, accept a grant to provide transportation to medical appointments for seniors and handicapped residents in the amount of $5,000 00 from the Livonia Community Foundation, Inc , the same to be appropriated and credited to Account No 702 --- 285-218 for this purpose During the audience communication portion agenda of the meeting, Council President Engebretson offered condolences to the family of Janet Cooper On a motion by Brosnan, seconded by Taylor, and unanimously adopted, this 1,478th Regular Meeting of the Council of the City of Livonia was adjourned at 8 37 p m , December 9, 2002 0-a,44., 71/6 eirtA--"/ ioan McCotter, City Clerk