HomeMy WebLinkAboutCOUNCIL MINUTES 2009-09-23 37310
MINUTES OF THE ONE THOUSAND SIX HUNDRED FORTY FIRST
REGULAR MEETING OF SEPTEMBER 23, 2009
On September 23, 2009, 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 Laura led the meeting with the
Pledge of Allegiance
Roll was called with the following result: Joe Laura, Brian Meakin,
Thomas Robinson, Terry Godfroid-Marecki, John Pastor, and Laura Toy 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; Jim Zoumbaris, City Engineer - Operations, David Varga,
Director of Administrative Services, Jim Policelli, Traffic Commission, Lynda Scheel,
Planning Commission, and Linda Grimsby, City Clerk.
On a motion by Meakin, seconded by Pastor, and unanimously
adopted, it was
#388-09 RESOLVED that the Minutes of the 1,640th Regular
Meeting of the Council held September 9, 2009, are hereby approved,
with an amendment to Council Resolution 382-09, as follows
#382-09 RESOLVED, that having considered a letter from Enrico
E Soave, Esq , dated August 21, 2009, 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, tentatively
scheduled for Friday, October 2, 2009, the Council does hereby
determine to waive Section 8 32 070 (Noise Control) of the Livonia
Code of Ordinances between the hours of 7.00 p m and 11.00 p m in
connection with this event tentatively scheduled for Friday, October
2009 October 30, 2009
Regular Meeting Minutes of September 23, 2009 37311
President Toy announced the passing of retired Judge James Mies, a
longtime community member and former District and Circuit Court Judge President
Toy stated Judge Mies was an exemplary citizen for the Livonia community and will
be deeply missed by all President Toy requested a moment of silence in honor of
Judge Mies
Pastor announced the 15th Annual Senior Celebration is scheduled for
Friday, October 2nd, and runs from 9 30 a m to 1 30 p m at Laurel Manor Pastor
stated tickets for this event are $5 00 and include a hot meal, Bingo, music, games
and prizes In addition, Pastor indicated flu shots and blood pressure readings are
available at the event and tickets are still available at the Livonia Senior Center
Robinson congratulated his niece, Madison Roberts, on winning her
recent election to Student Council Robinson indicated his niece ran for and won a
seat on her Elementary School's Student Council and wished her much success in
her future, political career endeavors
There was no Audience Communication at the beginning of the
meeting
A communication from the Department of Finance, dated August 26,
2009, re forwarding various financial statements of the City of Livonia for the month
ending July 31, 2009, was received and placed on file for the information of the
Council
On a motion by Pastor, seconded by Robinson, it was
#389-09 RESOLVED, that having considered an application from
Bryan Tabor, 11548 Cavell, and Clayton Campbell, 11499 Cavell,
dated August 28, 2009, requesting permission to close Cavell south of
Plymouth and west of Inkster between 11548 Cavell and 11499 Cavell
on Saturday, October 31, 2009, from 2 00 pm 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.
#390-09 RESOLVED, that having considered a letter from Steven
and Lynn Favers, dated August 27, 2009, which requests permission
to waive Section 8 32 070 (Noise Control) of the Livonia Code of
Ordinances, as amended, to allow a live band to perform from
approximately 7 00 p m to 10 00 p m at 17356 Stamwich in
connection with an informal celebration scheduled for Saturday,
October 3, 2009, the Council does hereby determine to waive Section
Regular Meeting Minutes of September 23, 2009 37312
8 32 070 (Noise Control) of the Livonia Code of Ordinances between
the hours of 7 00 p m and 10 00 p m in connection with this event to
be held on Saturday, October 3, 2009
#391-09 RESOLVED, that having considered a letter from the
Michigan Liquor Control Commission, dated April 21, 2009, and the
report and recommendation of the Chief of Police, dated August 27,
2009, approved for submission by the Mayor, the Council does hereby
approve of the request from Liquor Vault II, Inc. for transfer of
ownership of a 2008 SDD and SDM licensed business with Sunday
Sales Permit from H & A Ventures, Inc for a business located at 29241
— 29243 Six Mile Road, Livonia, Michigan, Wayne County; and the
City Clerk is hereby requested to forward a certified copy of this
resolution to the Michigan Liquor Control Commission
#392-09 RESOLVED, that having considered the report and
recommendation of the Water and Sewer Board, dated September 4,
2009, which bears the signature of the Director of Finance and is
approved for submission by the Mayor, and which transmits resolution
WS 3963 9/09 adopted by the Water and Sewer Board on September
2, 2009, and to which is attached the recommendation of the Assistant
City Engineer, dated September 2, 2009, the Council does hereby
accept the base contract bid of Downunder Municipal Services, LLC,
5787 Stadium Drive, Kalamazoo, Michigan 49009, for completing all
work required in connection with the Coventry Gardens Subdivision
sanitary sewer cleaning, videotaping and spot repairs for the total cost
of $587,881 45, the same having been the lowest bid received and
meets all specifications, FURTHER, the Council does hereby
authorize an expenditure in an amount not to exceed $587,881 45 from
the remaining proceeds of the 2005 Water and Sewer Bond Sale,
FURTHER, the City Engineer is hereby authorized to direct additional
work as needed, identified as "Alternate Bid" items (based on results of
television inspection) in an amount not to exceed $100,000 00 from the
remaining funds of the 2005 Water and Sewer Bond Sale, FURTHER,
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
#393-09 WHEREAS, the City of Livonia believes quality roads are
a vital part of any community, and
WHEREAS, certain improvements are necessary to Middlebelt Road to
increase traffic safety and to encourage economic development, and
Regular Meeting Minutes of September 23, 2009 37313
WHEREAS, the County of Wayne has committed to resurfacing the
Road in an area generally described as Middlebelt Road from Five Mile
to Seven Mile and the City of Livonia will assist financially in the
resurfacing of the road, and
WHEREAS, the City of Livonia will provide payment to the County of
Wayne in the estimated amount of $199,076 00 (which will be adjusted
to reflect actual costs), as the City of Livonia's participation of the total
Project Costs, and
WHEREAS, upon execution of the proposed Agreement, the City of
Livonia will provide a Working Capital Advance to the County of Wayne
in the amount of $99,538 00 as fifty percent (50%) of the City of
Livonia's participation (as found in Exhibit A to the proposed
Agreement) of the total Project Cost; and
NOW, THEREFORE BE IT RESOLVED, that the Charter City of
Livonia City Council does hereby approve the proposed Agreement
between the City of Livonia and County of Wayne for the resurfacing of
Middlebelt Road from Five Mile to Seven Mile, and does hereby
authorize an expenditure in the estimated amount of $199,076 00 (for
the City's estimated share of this project) from funds already budgeted
in Account No 202-463-818-125 (Major Street Fund - County Project
Participation), and
BE IT FURTHER RESOLVED, that the Mayor and City Clerk are
hereby authorized to execute the Agreement on behalf of the Charter
City of Livonia, and the City Clerk is hereby requested to forward a
certified copy of this resolution to the Wayne County Department of
Public Services
#394-09 RESOLVED, that having considered the report and
recommendation of the City Engineer, dated September 1, 2009, which
bears the signature of the Director of Finance and the Director of
Public Works, is approved as to form by the City Attorney and
approved for submission by the Mayor, to which is attached a
proposed agreement between the Michigan Department of
Transportation and the City of Livonia for bicycle path improvements
along the west side of Highway 1-275/1-96 from the north City limits at
Eight Mile Road to the west City limits near Five Mile Road, the
Council does hereby authorize the Mayor and City Clerk, for and on
behalf of the City of Livonia, to execute this agreement in the manner
and form herein submitted, FURTHER, the Council does hereby
authorize the expenditure of a sum estimated at $2,800 00 from
tiarr Account No 202-463-818-125 (Major Street Fund — City Participation
Regular Meeting Minutes of September 23, 2009 37314
in County and MDOT Projects) for the City's estimated share of this
project (2% of the total estimated cost for this project of $124,600 00),
and the City Clerk is hereby requested to forward a certified copy of
this resolution, together with the signed agreements, to the Michigan
Department of Transportation
#395-09 RESOLVED, that having considered a communication
from Council President Laura M Toy, dated September 8, 2009,
regarding the subject of Garage Sales, the Council does hereby refer
the issue of Garage Sales to the Legislative Affairs Committee for its
report and recommendation
#396-09 RESOLVED, that having considered a communication
from Council President Laura M Toy and Council Vice President Terry
A. Godfroid-Marecki, dated September 15, 2009, requesting approval
to create an area of "Bentley Bricks" near the entrance to the Livonia
Community Recreation Center to represent the alumni of Bentley
School, the Council does hereby approve this request in the manner
and form herein submitted, FURTHER, the Council does hereby refer
this matter to the Parks and Recreation Commission for its report and
recommendation
A roll call vote was then taken on the foregoing resolutions with the following result:
AYES Laura, Meakin, Robinson, Godfroid-Marecki, Pastor,
and Toy
NAYS None
Godfroid-Marecki gave first reading to the following Ordinance
AN ORDINANCE ADDING CHAPTER 51 (VACANT AND
ABANDONED STRUCTURES) TO TITLE 15 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 an upcoming Regular
meeting
Godfroid-Marecki gave first reading to the following Ordinance
Regular Meeting Minutes of September 23, 2009 37315
AN ORDINANCE AMENDING SECTION 040 OF TITLE 15, CHAPTER
52 (DANGEROUS BUILDINGS AND STRUCTURES) 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 an upcoming Regular
meeting
Meakin, took from the table for second reading and adoption, the
following Ordinance
AN ORDINANCE ADDING SECTIONS 090, 100, 110, 120, 130, 140,
AND 150 OF TITLE 13, CHAPTER 04 (GENERAL USE
REGULATIONS) OF THE LIVONIA CODE OF ORDINANCES, AS
AMENDED
A roll call vote was taken on the foregoing Ordinance with the following result:
AYES Laura, Meakin, Robinson, Godfroid-Marecki, Pastor,
and Toy
NAYS None
The President declared the foregoing Ordinance duly adopted, and would become
effective on publication
There was no Audience Communication at the end of the meeting
On a motion by Pastor, seconded by Laura, and unanimously adopted,
this 1,641st Regular Meeting of the Council of the City of Livonia was adjourned at
811 pm
Linda Grimsby, City Clerk
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