HomeMy WebLinkAboutCOUNCIL MINUTES 2009-04-08 37114
MINUTES OF THE ONE THOUSAND SIX HUNDRED THIRTIETH
REGULAR MEETING OF APRIL 8, 2009
On April 8, 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 Pastor led the meeting with the Pledge of
Allegiance, joined by the Franklin High School Patriots Girls' Varsity Basketball
Team
Roll was called with the following result: John Pastor, Joe Laura, Brian
Meakin, Thomas Robinson, James McCann, and Laura Toy Absent. Terry
Godfroid-Marecki
Elected and appointed officials present: Todd Zilincik, City Engineer;
Karen Tesner, Director of Legislative Affairs, Mark Taormina, City Planner; Don
Knapp, City Attorney; Kevin Roney, Assistant City Engineer; Kevin Maillard, Director
of Public Works, Karen Kapchonick, Superintendent of Parks and Recreation, Linda
Grimsby, City Clerk, Lynda Scheel, Livonia Brownfield Redevelopment Authority
member; Paul Condon, Livonia Brownfield Redevelopment Authority member; and
Mayor Jack Kirksey
On a motion by Robinson, seconded by Meakin, and unanimously
adopted, it was
#138-09 RESOLVED that the Minutes of the 1,629th Regular
Meeting of the Council held March 25, 2009 are hereby approved as
submitted
President Toy announced there would be an "X" item discussed at the
end of the meeting concerning a request from the Department of Law to schedule a
Closed Committee of the Whole Meeting to discuss pending litigation and
attorney/client privileged communications regarding Max Bandy v City of Livonia
Regular Meeting Minutes of April 8, 2009 37115
President Toy congratulated the Livonia Franklin Girls' Varsity
Basketball Team, which had the best season in Franklin's history and welcomed the
1. team to the meeting
Councilmember Laura presented a Commendation to the Livonia
Franklin Girls' Varsity Basketball Team on behalf of the Mayor and Council for an
outstanding season and presented certificates to the individual members present.
There was no Audience Communication at the beginning of the
meeting
A communication from the Department of Finance, dated March 19,
2009, re forwarding various financial statements of the City of Livonia for the month
ending December 31, 2008, was received and placed on file for the information of
the Council
A communication from the Engineering Division, dated April 6, 2009,
re account correction for the 2009 Asphalt Road Reconstruction and Rehabilitation
Program (Contract No 09-A), was received and placed on file for the information of
the Council
On a motion by Pastor, seconded by Meakin, it was
#139-09 RESOLVED, that having considered a letter from the
Michigan Liquor Control Commission, dated July 8, 2008, and a report
and recommendation of the Chief of Police, dated March 4, 2009,
approved for submission by the Mayor, the Council does hereby
recommend approval of the request from Max & Erma's Restaurants,
Inc. (a Delaware corporation) to transfer all stock in a 2008 Class C
licensed business from public corporation to new stockholder, G&R
Acquisition, Inc. (thru merger), for a business located at 37714 West
Six Mile Road, Laurel Park Plaza, Livonia, Michigan 48152, Wayne
County; and the City Clerk is hereby requested to forward a certified
copy of this resolution to the Michigan Liquor Control Commission
#140-09 RESOLVED, that having considered a letter from the
Michigan Liquor Control Commission, dated December 5, 2008, and
the report and recommendation from the Chief of Police, dated March
11, 2009, approved for submission by the Mayor, the Council does
Regular Meeting Minutes of April 8, 2009 37116
hereby approve of the request from Mezza Mediterranean Grille of
Livonia, LLC for transfer of ownership of a 2008 Class C licensed
business located in escrow at 30282 Plymouth, Livonia, Michigan
48150, from Bogarts Billiards & Café, Inc , and to transfer location to
37367 Six Mile, Livonia, Michigan 48152, Wayne County and for a new
Official Permit (Food) for a business located at 37367 Six Mile, Livonia,
Michigan 48152, Wayne County; and the City Clerk is hereby
requested to forward a certified copy of this resolution to the Michigan
Liquor Control Commission
#141-09 RESOLVED, that having considered a communication
from the Mayor, dated March 20, 2009, wherein he has requested
approval of the reappointment of Maureen Simari, 15532 Penn Drive,
Livonia, Michigan 48154, to the Local Officers Compensation
Commission for a seven-year term expiring April 2, 2016, pursuant to
Section 2 48 020 of the Livonia Code of Ordinances, as amended, and
Act No 197 of the Public Acts of Michigan of 1975, as amended, the
Council does hereby confirm and approve such reappointment.
#142-09 RESOLVED, that having considered the report and
recommendation of the City Assessor, dated March 11, 2009,
approved for submission by the Mayor, with regard to Industrial
Facilities Exemption Certificate #2003-396, which was issued on
December 31, 2003, and is scheduled to expire on December 31,
2015, and which was heretofore referred to as City of Livonia Industrial
Development District No 62, relative to ElringKlinger Sealing Systems
(USA) Inc , located at 35955 Veronica, the Council does hereby
determine to revoke the said Industrial Facilities Exemption Certificate,
the action herein being taken for the reasons set forth in the aforesaid
report and recommendation of the City Assessor
A communication from the Department of Finance, dated February 19,
2009, re the Annual Report for the fiscal year ending November 30, 2008,
concerning the investment activity of City Funds, was received and placed on file for
the information of the Council (CR 820-98)
#143-09 RESOLVED, that having considered the report and
recommendation of the Superintendent of Parks and Recreation, dated
March 19, 2009, which bears the signature of the Director of Finance
and is approved for submission by the Mayor, the Council does hereby
accept the bid of Corporate Dining Concepts, 1645 W Hamlin Road,
Rochester Hills, Michigan 48309, for supplying the Parks and
Recreation Department with beverage and -snack vending service at
Regular Meeting Minutes of April 8, 2009 37117
the Livonia Community Recreation Center for a three-year term
commencing on May 1, 2009, through April 30, 2012, with Corporate
Dining Concepts to pay the City 41% of their revenue from such
vending machines, the same having been the most advantageous bid
received by the City for this item, and the Mayor and City Clerk are
hereby authorized to execute an agreement for and on behalf of the
City of Livonia with the aforesaid bidder, subject to approval as to form
by the Department of Law, and to do all other things necessary or
incidental to the full performance of this resolution
#144-09 RESOLVED, that having considered the report and
recommendation of the Superintendent of Parks and Recreation and
the City Engineer, dated March 19, 2009, 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 bid of Northwest Consultants, Inc., 44978 Ford Road, Suite
A, Canton, Michigan 48187, for providing site design services for a
new club house at Whispering Willows Golf Course for an amount not
to exceed $30,230 00, the same having been in fact the lowest bid
received and meets all specifications, and such amount is hereby
authorized to be expended from funds already budgeted in Account
No 409 (Golf Course Capital Projects Fund) for this purpose, 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 do all
other things necessary or incidental to the full performance of this
resolution
#145-09 RESOLVED, that having considered a communication
from the Water and Sewer Board, dated March 6, 2009, which bears
the signature of the Director of Finance and is approved for submission
by the Mayor, and which sets forth Water and Sewer Board resolution
WS 3902 3/09, and a communication from the City Engineer
(Operations), dated February 18, 2009, the Council does hereby
accept the bid of HD Supply, 2820 Michigan Avenue, Ypsilanti,
Michigan 48198, for supplying the Public Service Division (Water
Maintenance Section) with water service parts and fittings at the unit
prices bid for the estimated total cost of $19,076 70 for the 2009
calendar year, the same having been in fact the lowest bid received
and meets all specifications, FURTHER, the Council does hereby
authorize an expenditure in an amount not to exceed $19,076 70 from
funds already budgeted in Account No 592-000-111-020 for this
purpose
#146-09 RESOLVED, that having considered the report and
recommendation of the City Engineer - Operations, the Director of
Public Works and the Superintendent of Parks and Recreation, dated
Regular Meeting Minutes of April 8, 2009 37118
March 9, 2009, which bears the signature of the Director of Finance
and is approved for submission by the Mayor, the Council does hereby
accept the bid of Temperature Services, Inc , 37107 Schoolcraft,
Livonia, Michigan 48150, for completing all work necessary in
connection with the Livonia Community Recreational Center HVAC
Maintenance Service contract for a period of three years in an amount
not to exceed $127,498 00 ($41,248 00 for year 1, $42,485 00 for year
2 and $43,765 00 for year 3), the same having been the lowest bid
received and meets all specifications and such amount is hereby
authorized to be expended from funds already budgeted in Account
No 208-755-818-020 for this purpose, 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
#147-09 RESOLVED, that having considered the report and
recommendation of the City Engineer, dated March 23, 2009, 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 Hayball Transport,
Inc , 12550 Farmington Road, Livonia, Michigan 48150, for completing
all work required in connection with the 2009 Asphalt Pavement
Rehabilitation and Reconstruction Program (Contract 09-A) on various
streets throughout the City of Livonia for the estimated total cost of
$1,747,792 24, based on the Engineering Division's estimate of units of
work involved and subject to the final payment based on the actual
units of work completed in accordance with the unit prices accepted
herein, said estimated cost and unit prices having been in fact the
lowest bid received with the 3% local bidders preference applied per
Section 3 04 140 EE of the Livonia Code of Ordinances, and meets all
specifications, FURTHER, the Council does hereby authorize an
expenditure in an amount not to exceed $1,747,792.24 from funds
already budgeted in the Road, Sidewalk and Tree Fund as follows
Account No 204-463-818-110 (Reconstruction) $1,338,769 13
Account No 204-463-818-112 (Rehabilitation) 409,023 11
for this purpose, and the City Engineer is hereby authorized to approve
any 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
#148-09 RESOLVED, that having considered the report and
recommendation of the City Engineer, dated March 19, 2009, which
Regular Meeting Minutes of April 8, 2009 37119
bears the signature of the Director of Finance, is approved by the
160 Director of Public Works and is approved for submission by the Mayor,
the Council does hereby accept the proposal submitted by Orchard,
Hiltz & McCliment, Inc , 34000 Plymouth Road, Livonia, Michigan
48150, for providing design proposals for the reconstruction of Lyndon
Avenue from Henry Ruff Road to Middlebelt Road in an amount not to
exceed $26,250 00, FURTHER, the Council does hereby authorize an
expenditure in an amount not to exceed $26,250 00 from the
Unexpended Fund Balance of the Michigan Transportation Fund
(Major Road Account) for this purpose, 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,
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
#149-09 WHEREAS, pursuant to due and proper notice published
and mailed to all property owners in Special Assessment District No
424 more particularly described in Council Resolution 484-08, adopted
on October 22, 2008, as required by the provisions of the City Charter
and Title 3, Chapter 8 of the Livonia Code of ordinances, as amended,
the City Council has duly met and reviewed the special assessments
levied in the special assessment roll prepared by the City Assessor (as
revised) to cover the district in which street lighting is to be installed,
such roll having been prepared on the basis of street lighting being
installed in Churchill Manor Site Condominiums in said Special
Assessment District No 424,
NOW, THEREFORE, BE IT RESOLVED, that the said Council does
hereby determine to install street lighting consisting of seven (7) 100-
watt high pressure sodium lights on 14 foot high Colonial post top
poles with underground wiring and that the assessments set forth in
said Special Assessment District No 424 Roll (as revised) are fair and
equitable and based upon benefits derived in said district, in
accordance with the plans of the City Engineer and resolutions of the
City Council, said Special Assessment Roll No 424 based on
installation of seven (7) 100-watt high pressure sodium lights on 14
foot high Colonial post top poles with underground wiring is hereby
approved and confirmed in all respects, pursuant to the provisions of
Section 3 08 130 of the Livonia Code of Ordinances, as amended, the
City Clerk shall endorse the date of confirmation on the Assessment
Roll, and the Assessment Roll shall then be immediately transmitted to
the City Treasurer who shall take such further action as set forth in
Title 3, Chapter 8 of the Livonia Code of Ordinances, as amended, and
Regular Meeting Minutes of April 8, 2009 37120
the City Clerk is hereby authorized to execute a Municipal Street
Lighting Agreement for this purpose, and further, a sum not to exceed
$11,201 00 is hereby authorized from the cash payments posted by or
collected from the developer of the Churchill Manor Site
Condominiums in order to defray the Detroit Edison contribution-in-aid
costs connected with this street lighting installation project.
#150-09 RESOLVED, that having considered a communication
from the City Engineer, dated March 9, 2009, the Council does hereby
amend and revise Council Resolution 15-09 adopted at the January
14, 2009 Regular meeting so as to have the same read as follows
RESOLVED, that having considered the report and
recommendation of the Infrastructure and Community Transit
Committee, dated December 10, 2008, submitted pursuant to
Council Resolution 101-08, regarding the proposed installation
of street lights in Kenwood Meadows Subdivision and Kenwood
Meadows Subdivision #2, and
WHEREAS, pursuant to due and proper notice published and
mailed to all property owners in Special Assessment District No
423, more particularly described in Council Resolution 101-08
adopted on March 12, 2008, as required by the provisions of the
City Charter and Title 3, Chapter 8 of the Livonia Code of
Ordinances, as amended, the City Council has duly met and
reviewed the special assessments levied in the special
assessment roll prepared by the City Assessor (as revised on
March 3, 2009) to cover the district in which street lighting is to
be installed, such roll having been prepared on the basis of
street lighting being installed in Kenwood Meadows Subdivision
and Kenwood Meadows #2 in said Special Assessment District
No 423,
NOW, THEREFORE, BE IT RESOLVED, that the Council does
hereby determine to install street lighting consisting of six (6)
100 watt high pressure sodium lights on 14 foot high colonial
post top poles and one (1) LED light on a 14 foot high
colonial post top pole and that the assessments set forth in
said Special Assessment District No 423 Roll (as revised on
March 3, 2009) are fair and equitable and based upon benefits
derived in said district, in accordance with the plans of the City
Engineer and resolutions of the City Council, said Special
Assessment Roll No 423 (as revised on March 3, 2009) based
on installation of six (6) 100 watt high pressure sodium lights
on 14 foot high colonial post top poles and one (1) LED light
on a 14 foot high colonial post top pole is hereby approved
Regular Meeting Minutes of April 8, 2009 37121
and confirmed in all respects, pursuant to the provisions of
Section 3 08 130 of the Livonia Code of Ordinances, as
amended, the City Clerk shall endorse the date of confirmation
on the Assessment Roll, and the Assessment Roll shall then be
immediately transmitted to the City Treasurer who shall take
such further action as set forth in Title 3, Chapter 8 of the
Livonia Code of Ordinances, as amended, and the City Clerk is
hereby authorized to execute a Municipal Street Lighting
Agreement as provided by Detroit Edison for this purpose, and
further, a sum not to exceed $9,433 00 is hereby authorized to
be expended from the cash payments posted by or collected
from the developer of the Kenwood Meadows Subdivision and
Kenwood Meadows Subdivision #2 in order to defray the Detroit
Edison contribution-in-aid costs connected with this street
lighting installation project.
#151-09 RESOLVED, that having considered a communication
from the City Planning Commission, dated March 12, 2009, which
transmits its resolution 03-23-2009 adopted on March 10, 2009, with
regard to Petition 2009-02-08-03 submitted by Vision Quest
Consulting, requesting site plan approval 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 and Laurel Drive (33400 Six Mile Road), in the
Southeast 1/4 of Section 9, 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 2009-02-08-03 is hereby approved and
granted, subject to the following conditions
1 That the Site Plan marked Sheet 1 of 2 dated March 19, 2009,
as revised, prepared by Fenn & Associates, is hereby approved
and shall be adhered to, except for the fact that all parking
spaces shall measure ten (10') feet in width by twenty (20') feet
in length and all parking spaces shall be double striped,
2 That the Exterior Building Elevation Plan marked Sheet A-2
dated February 9, 2009, as revised, prepared by AJ Design
Architects, is 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 all rooftop mechanical equipment shall be concealed from
public view on all sides by screening that shall be of a
Regular Meeting Minutes of April 8, 2009 37122
compatible character, material and color to other exterior
5 materials on the building,
That the three walls of the trash dumpster area shall be
constructed out of building materials that shall complement 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,
6 That this site shall meet the Wayne County Storm Water
Management Ordinance and shall secure the necessary
permits, including storm water management permits, wetlands
permits and soil erosion and sedimentation control permits, the
Wayne County, the City of Livonia, and/or the State of Michigan
Department of Environmental Quality;
7 That all light fixtures shall not exceed twenty (20') feet in height
and shall be aimed and shielded so as to minimize stray light
trespassing across property lines and glaring into adjacent
roadway;
8 The Petitioner shall be allowed to "landbank," pursuant to
Section 18 37(j) of the Zoning Ordinance, the eight (8) parking
spaces shown along the east side of the building, and the
landscaping that currently exists in this area shall be maintained
to the satisfaction of the Inspection Department;
9 Additional evergreen trees shall be planted in the northwest
corner of the property at the direction of the Planning
Department in order to fill the gaps that currently exist in the
landscaping in that area and to help shield the office building
from the adjacent single family residential home(s),
10 Only matching metal panels shall be allowed on the upper
fascia of the south elevation of the addition where the building is
visible to the public, and E I F S , shall be allowed as an
alternative to the metal panels on the north and west sides of
the addition where the building is less visible,
11 That the gates of the trash enclosure shall be padlocked when
not in use in order to prevent unauthorized use of the dumpster;
12 That the masonry screen wall shall be repaired wherever
needed as determined by the Inspection Department;
Regular Meeting Minutes of April 8, 2009 37123
13 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
14 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, McCann, and Toy
NAYS None
A communication from the Civil Service Department, dated March 23,
2009, withdrawing the request to have Ameraplan provide administrative services for
the City's dental and optical programs as the proposals have expired and are no
longer in effect, was received and placed on file for the information of the Council
(CR 183-05)
On a motion by Meakin, seconded by Laura, and unanimously
adopted, it was
#152-09 RESOLVED, that having considered the report and
recommendation of the Committee of the Whole, dated March 23,
2009, submitted pursuant to Council Resolution 183-05, regarding the
subject of an off-site administrative agreement between the City of
Livonia and Ameraplan to provide administrative services for the City's
dental and optical programs due to staff reductions and the time-
consuming nature of these services, the Council does hereby
determine to take no further action with regard to this matter
Communications from the Director of Legislative Affairs, dated
December 11, 2008, November 30, 2007, and December 6, 2006, containing the
breakdown of Zoning Board of Appeal Cases prepared and heard, as well as Board
attendance records for the period of December 1, 2005, through November 30,
Regular Meeting Minutes of April 8, 2009 37124
2008, were received and placed on file for the information of the Council (CR 737-
00)
President Toy provided a verbal update concerning performance and
procedures of the Zoning Board of Appeals and indicated this item would remain in
the Committee of the Whole (CR 737-00)
President Toy provided a verbal update concerning the subject of a St.
Patrick's Day Parade on Plymouth Road and indicated this item would remain in the
Committee of the Whole (CR 22-09)
On a motion by Robinson, seconded by Meakin, and unanimously
adopted, it was
#153-09 RESOLVED, that having considered the report and
recommendation of the Committee of the Whole, submitted pursuant to
Council Resolution 16-00, regarding the subject of high-tech
communications, the Council does hereby determine to take no further
action with regard to this matter
A communication from the Engineering Division, dated October 30,
2001, re Administrative Response to CR 543-01 , summary of the rights-of-way in
the industrial corridor and the subject of telecommunications thoroughfares, was
received and placed on file for the information of the Council (CR 542-01)
On a motion by Meakin, seconded by Robinson, and unanimously
adopted, it was
#154-09 RESOLVED, that having considered the report and
recommendation of the Committee of the Whole, submitted pursuant to
Council Resolution 542-01, regarding the subject of the creation of a
Telecommunications Thoroughfare, the. Council does hereby
determine to take no further action with regard to this matter
An e-mail communication from the Director of Administrative Services,
dated January 15, 2009, re forwarding information received from Congressman
Thaddeus McCotter on flooding/bank erosion problems in the Bell Creek and
Regular Meeting Minutes of April 8, 2009 37125
Reynolds Ravine Subdivisions, was received and placed on file for the information of
the Council (CR 44-99)
An email communication from the Office of State Representative John
Walsh, dated March 10, 2009, re Bell Creek and other erosion sites in Livonia, was
received and placed on file for the information of the Council (CR 44-99)
Laura indicated the subject of a Storm Water Management Study will
remain in the Infrastructure and Community Transit Committee (CR 44-99)
An email communication from resident Mike Meister, dated March 9,
2009, re condition of repaired and rehabilitated roadway of Laurel Park South
completed as part of the Road Repair Program, was received and placed on file for
the information of the Council (CR 562-02)
Laura indicated the subject of the Road Repair Program (2008-2010),
including Lyndon Avenue, east of Levan Road, will remain in the Infrastructure and
Community Transit Committee (CR 562-02)
An email communication from resident Amanda Toth, dated April 1,
2009, re expressing support for the removal of the play structure at Beverly Park,
was received and placed on file for the information of the Council (CR 80-09)
An email communication from resident Jeffrey Prowse, dated March
31, 2009, re expressing opposition to the removal of the play structure at Beverly
Park, was received and placed on file for the information of the Council (CR 80-09)
An email communication from resident Lucy Gorecki, dated March 30,
2009, re expressing support for the removal of the play structure at Beverly Park,
was received and placed on file for the information of the Council (CR 80-09)
An email communication from the Director of Administrative Services,
dated March 6, 2009, forwarding a summary from the Superintendent of Parks &
41.
Regular Meeting Minutes of April 8, 2009 37126
Recreation re a recent meeting of the Beverly Park Committee, was received and
placed on file for the information of the Council (CR 80-09)
An email communication from resident Darlene LaVere, dated March
24, 2009, re expressing opposition to the removal of the play structure at Beverly
Park, was received and placed on file for the information of the Council (CR 80-09)
An email communication from resident Marcella Groulx, dated March
22, 2009, re expressing opposition to the removal of the play structure at Beverly
Park, was received and placed on file for the information of the Council (CR 80-09)
An email communication from resident Kimberly Mikonczyk, dated
March 20, 2009, re expressing opposition to the removal of the play structure at
Beverly Park, was received and placed on file for the information of the Council
(CR 80-09)
A typographical communication from the Director or Legislative Affairs,
dated March 19, 2009, relaying phone message from resident Kim Chuy of the same
date, re expressing opposition to the removal of the play structure at Beverly Park,
was received and placed on file for the information of the Council (CR 80-09)
An email communication from resident Gail Garrity, dated March 16,
2009, re expressing opposition to the removal of the play structure at Beverly Park,
was received and placed on file for the information of the Council (CR 80-09)
A communication from the Department of Parks & Recreation, dated
March 26, 2009, re compiled information concerning the Beverly Park Project, was
received and placed on file for the information of the Council (CR 80-09)
Regular Meeting Minutes of April 8, 2009 37127
An email communication from resident Chris Nelson, dated March 30,
2009, re expressing opposition to the removal of the play structure at Beverly Park,
was received and placed on file for the information of the Council (CR 80-09)
An email communication from resident Jacki Sotzen, dated March 29,
2009, containing "Beverly Park Project — The Community's Report", was received
and placed on file for the information of the Council (CR 80-09)
A communication from A to Z Recreation, dated March 30, 2009,
entitled "Beverly Park Renovation", was received and placed on file for the
information of the Council (CR 80-09)
A communication from Testing Engineers & Consultants, Inc , dated
March 30, 2009, re soil and wood sampling of the play structure at Beverly Park,
was received and placed on file for the information of the Council (CR 80-09)
A Press Release issued by the Office of the Mayor, dated April 8,
2009, re safety concerns prompting the closing of Beverly Park, was received and
placed on file for the information of the Council (CR 80-09)
A communication from Testing Engineers & Consultants, Inc., dated
April 8, 2009, re completion of its report for the sampling of soil and wood of the
play structure at Beverly Park, was received and placed on file for the information of
the Council (CR 80-09)
Laura indicated the subject of Beverly Park will remain in the
Infrastructure and Community Transit Committee (CR 80-09)
A communication from the Engineering Division, dated April 3, 2009,
re update on the subject of the 1-275 noise abatement, was received and placed on
file for the information of the Council (CR 816-00)
Regular Meeting Minutes of April 8, 2009 37128
Laura indicated the subject of the 1-275 noise abatement will remain in
the Infrastructure and Community Transit Committee (CR 816-00)
5
Anne Brissette, 18958 Hillcrest, addressed Council to express her
desire to have the City work together with residents to preserve Beverly Park for the
community
Meakin gave first reading to the following Ordinance
AN ORDINANCE AMENDING SECTION 6 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 2008-09-01-08)
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
A communication from Vice President Godfroid-Marecki, dated April 6,
2009, requesting Item #18, the first reading of proposed ordinance amendments
pertaining to towing costs, be removed from the Agenda, was received and placed
on file for the information of the Council (CR 106-09)
At the direction of the Chair, Item #18 was removed from the Agenda.
Pastor took from the table, for second reading and adoption, the
following Ordinance
AN ORDINANCE AMENDING SECTION 24 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 2008-10-01-09)
A roll call vote was taken on the foregoing Ordinance with the following result:
AYES Pastor, Laura, Meakin, Robinson, McCann, and Toy
Regular Meeting Minutes of April 8, 2009 37129
NAYS None
The President declared the foregoing Ordinance duly adopted, and would become
effective on publication
On a motion by Robinson, seconded by McCann, and unanimously
adopted, it was
#155-09 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 3/09, and a communication from the Assistant City Engineer,
dated February 25, 2009, regarding the proposed Water Service
Contract between the City of Livonia and the City of Detroit, the
Council does hereby refer this matter to the Committee of the Whole
for its report and recommendation
An e-mail communication from the Director of Public Works, dated
April 6, 2009, re composting operation requirements applicable to the request to
lease 3 5 to 4 acres of the City's Glendale property submitted by Environmental
Wood Solutions, Inc., was received and placed on file for the information of the
Council
A communication from Environmental Wood Solutions, Inc , dated
April 6, 2009, re revised proposal requesting to lease 3 5 to 4 acres of the City's
Glendale property, was received and placed on file for the information of the Council
An e-mail communication from Environmental Wood Solutions, Inc ,
dated April 8, 2009, re requesting to have their item removed from the Agenda, was
received and placed on file for the information of the Council
On a motion by McCann, seconded by Robinson, and unanimously
adopted, it was
Regular Meeting Minutes of April 8, 2009 37130
#156-09 RESOLVED, that having considered the report and
recommendation of the City Engineer - Operations and the Director of
Public Works, dated February 26, 2009, which bears the signature of
the Director of Finance and City Attorney and is approved for
submission by the Mayor, the Council does hereby determine to take
no further action with regard to the request from Environmental Wood
Solutions, Inc to lease a portion of the City's Glendale property to
grind specific biomass for disposal and transfer woodchip material to
an out-source location
A communication from the Engineering Division, dated April 3, 2009,
re additional information on bid evaluations and selection criteria for Engineering
Consultant for the project to reconstruct westbound Schoolcraft Road from Scone to
the Bridge over 1-96, was received and placed on file for the information of the
Council
On a motion by McCann, seconded by Pastor, and unanimously
adopted, it was
#157-09 RESOLVED, that having considered the report and
recommendation of the City Engineer, dated March 19, 2009, 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 proposal submitted by Spalding
DeDecker and Associates, Inc., 905 South Boulevard East, Rochester
Hills, Michigan 48307, for providing design services for improvements
to reconstruct westbound Schoolcraft Road (Scone to Bridge over I-
96), 0 30 miles in length, in an amount not to exceed $30,600 00,
FURTHER, the Council does hereby authorize an expenditure in an
amount not to exceed $30,600 00 from the Unexpended Fund Balance
of the Michigan Transportation Fund (Major Road Account) for this
purpose, 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, 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
Regular Meeting Minutes of April 8, 2009 37131
Don Kolhoff, 14066 Mayfield, Livonia, addressed Council to inquire
whether the reconstruction project of westbound Schoolcraft Road would include the
approach to the Bridge over 1-96 and indicated prior State projects did not include
same
A communication from Council President Toy, dated March 30, 2009,
re Local Officers Compensation Commission meeting of March 18, 2009, was
received and placed on file for the information of the Council
A communication from the Office of the City Clerk, dated March 25,
2009, re determination of the Local Officers Compensation Commission concerning
salaries of elected officials for the calendar years of 2010 and 2011, was received
and placed on file for the information of the Council
On a motion by Meakin, seconded by McCann, and unanimously
adopted, it was
#158-09 RESOLVED, that having considered the report and
recommendation of the Mayor, dated April 2, 2009, requesting Council
to adopt a resolution supporting the creation of a Renaissance Zone in
the City to house an alternative energy production facility, the Council
does hereby approve and support the creation of a Renaissance Zone
in the City of Livonia to house an alternative energy production facility;
FURTHER, in the event a Renaissance Zone designation is granted,
persons and property within the Renaissance Zone are exempt from
taxes levied by the City of Livonia as provided in the Michigan
Renaissance Zone Act (Act 376 of 1996, as amended), FURTHER,
the City Clerk is hereby directed to file a true and complete copy of this
resolution with the Michigan Economic Development Corporation
promptly after adoption and to do all other things necessary or
incidental to the full performance of this resolution
On a motion by McCann, seconded by Meakin, and unanimously
adopted, it was
#159-09 RESOLVED, that the Council does hereby suspend their
rules for procedure as outlined in Council Resolution 574-82 so as to
permit consideration of items that do not appear on the Agenda
Regular Meeting Minutes of April 8, 2009 37132
On a motion by McCann, seconded by Robinson, it was
#160-09 RESOLVED, that having considered a communication
from the Department of Law, dated April 8, 2009, the Council does
hereby, by a two-thirds roll call vote in accordance with Section 7(1) of
the Open Meetings Act, direct that a Closed Committee of the Whole
meeting be held for the purposes of discussing litigation matters and
attorney/client privileged communications in connection with pending
litigation, Max Bandy v City of Livonia
A roll call vote was taken on the foregoing resolution with the following result:
AYES Pastor, Laura, Meakin, Robinson, McCann, and Toy
NAYS None
The President declared the resolution adopted
Don Kolhoff, 14066 Mayfield, Livonia, announced the Livonia
Symphony Orchestra will host its annual golf outing fundraiser on Friday, June 12,
2009, at the Fox Creek Golf Course
Mayor Kirksey addressed Council to thank Mark Taormina, City
Planner, for his efforts and diligent work in coordinating recent aggressive economic
development efforts, in the absence of an Economic Development Director
On a motion by Meakin, seconded by Laura, and unanimously
adopted, this 1 ,630th Regular Meeting of the Council of the City of Livonia was
adjourned at 8 52 p m
!� V pr?rai /Li771
Linda Grimsby, City Cler