HomeMy WebLinkAboutCOUNCIL MINUTES 2008-08-13 36811
MINUTES OF THE ONE THOUSAND SIX HUNDRED FOURTEENTH
1. REGULAR MEETING OF AUGUST 13, 2008
On August 13, 2008, 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 Councilman Laura led the meeting with the
Pledge of Allegiance
Roll was called with the following result: Joe Laura, Brian Meakin,
Thomas Robinson, Don Knapp, Terry Godfroid-Marecki, and Laura Toy Absent:
James McCann
Elected and appointed officials present: Sean Kavanagh, City Attorney;
Kevin Roney, City Engineer (Utilities & Engineering), Karen Tesner, Director of
Legislative Affairs, Mark Taormina, City Planner; Linda Grimsby, City Clerk, Linda
Scheel, Livonia Public Schools, Ian Wilshaw, Planning Commission, and Mayor Jack
Kirksey
On a motion by Robinson, seconded by Meakin, it was
#333-08 RESOLVED that the Minutes of the 1,613th Regular
Meeting of the Council held July 21, 2008 are hereby approved as
submitted
A roll call vote was taken on the foregoing resolution with the following result:
AYES Laura, Meakin, Robinson, Godfroid-Marecki, and Toy
NAYS None
PRESENT Knapp
The President declared the resolution adopted
Regular Meeting Minutes of August 13, 2008 36812
President Toy offered sincere condolences to the family members of
Judy Pearson, former City employee who was very active in local community
groups, who recently passed away
President Toy announced Livonia resident Sheila Taormina will be
competing in the Pentathalon event at the Beijing 2008 Summer Olympics next
Friday
There was no Audience Communication at the beginning of the
meeting
A communication from the Department of Finance, dated July 18,
2008, re forwarding various financial statements of the City of Livonia for the month
ending June 30, 2008, was received and placed on file for the information of the
Council
On a motion by Knapp, seconded by Meakin, it was
#334-08 RESOLVED, that having considered an application from
Lori Miller, 14415 Blue Skies, dated July 14, 2008, requesting
permission to close Blue Skies betWeen Lyndon and Mason on
Saturday, September 13, 2008, from 400 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, September 14, 2008, in the event of inclement
weather, the action taken herein being made subject to the approval of
the Police Department.
#335-08 RESOLVED, that having considered an application from
Diane Coccia, 14120 Ingram, dated June 19, 2008, requesting
permission to close Ingram between Perth and Berwick on Saturday,
August 23, 2008, from 4 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
Saturday, September 6, 2008, in the event of inclement weather, the
action taken herein being made subject to the approval of the Police
Department.
#336-08 RESOLVED, that having considered an application from
Karen Werden, 19651 Flamingo, dated July 8, 2008, requesting
permission to close Flamingo between St. Martins and Bretton on
Sunday, August 24, 2008, from 3 00 p m to 1000 p m for the purpose
of conducting a block party, the Council does hereby grant permission
Regular Meeting Minutes of August 13, 2008 36813
as requested, including therein permission to conduct the said affair on
Saturday, September 6, 2008, in the event of inclement weather, the
action taken herein being made subject to the approval of the Police
Department.
#337-08 RESOLVED, that having considered an application from
Charity Gould, 15980 Gary Lane, dated July 11, 2008, requesting
permission to close Gary Lane between Ellen, Edgewood and
Riverside on Saturday, September 20, 2008, from 5 30 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, September 21, 2008, in the event of
inclement weather, the action taken herein being made subject to the
approval of the Police Department.
#338-08 RESOLVED, that having considered an application from
John Walker, 33960 Fairfax, dated July ,14, 2008, requesting
permission to close Fairfax between Norwich and Fonville on Friday,
August 22, 2008, from 2.00 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
Saturday, August 23, 2008, in the event of inclement weather, the
action taken herein being made subject to the approval of the Police
Department.
#339-08 RESOLVED, that having considered an application from
Andy Magar, 17515 Doris, dated July 14, 2008, requesting permission
to close Sunset between Bobrich and Jeanine on Saturday, September
13, 2008, from 3 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.
#340-08 RESOLVED, that having considered a letter from Brenda
Uren, Chairperson, Clarenceville Athletic Booster Club, dated June 25,
2008, which requests permission to display a 10' x 4' banner across
the frame of the bridge in front of Clarenceville High School and to
display signs announcing their Fall Craft Show to be conducted on
Saturday, September 27, 2008, which signs are to be 15"x 22" in size
and which will be displayed at various locations in the City no earlier
than Saturday, September 20, 2008, and removed no later than
Monday, September 29, 2008, the Council does hereby grant and
approve this request in the manner and form herein submitted, with the
understanding that the City is not responsible should the signs be
removed by Wayne County
Regular Meeting Minutes of August 13, 2008 36814
#341-08 RESOLVED, that having considered a communication
from the City Clerk, dated July 9, 2008, forwarding an application
submitted by Amanda Hiil, 9144 Idaho, Livonia, Michigan 48150, for a
iitmo massage apprentice permit and in accordance with Chapter 5 49 of the
Livonia Code of Ordinances, as amended, the Council does hereby
approve this request in the manner and form herein submitted, and the
City Clerk is hereby requested to do all things necessary or incidental
to the full performance of this resolution
#342-08 RESOLVED, that having considered a communication
from Daniel E Howard, dated July 7, 2008, which in accordance with
the provisions of Section 5 03 090 of the Livonia Code of Ordinances,
as amended, takes an appeal from a determination made by the
Livonia Police Department with regard to the denial of his application
for a Scavenger License in the City of Livonia, the Council does hereby
uphold the determination made by the Police Department and the
request for a scavenger license in the City of Livonia is hereby denied
for the reasons given by the Police Department.
#343-08 RESOLVED, that having considered a communication
from the City Assessor, dated July 9, 2008, approved for submission
by the Mayor, with regard to a request from Nick and Maria Albace,
and in accordance with the provisions of 1967 PA 288, as amended,
as well as Section 18 46 of Ordinance No 543, as amended, the
Council does hereby approve of the proposed division of Tax Item No
46-144-99-0094-000 into two parcels, the legal descriptions of which
shall read as follows
PARCEL A
Land in the City of Livonia, County of Wayne, State of Michigan,
being part of the east 1/2 of the southeast % of Section 36, Town
1 South, Range 9 east, being more described as commencing
at a point distant north 89'41'00" west 1057 11 feet and north
00°04'00" east 400 00 feet from the southeast corner of said
Section 36, thence north 00°04'40" east, 50 00 feet along the
easterly right-of-way of Cardwell Avenue (60 ft. R 0 W ), thence
south 89°41'00" east, 232 00 feet; thence south 00°04'40" west,
100 00 feet, thence north 89°41'00" west, 232 00 feet to the
point of beginning, containing 11,599 899 sq ft. or 0 266 acres,
subject to any and all easements of record
PARCEL B
Land in the City of Livonia, County of Wayne, State of Michigan,
being part of the east IA of the southeast IA of Section 36, Town
1 South, Range 9 east, being more described as commencing
at a point distant north 89°41'00" west 1057 11 feet and north
Regular Meeting Minutes of August 13, 2008 36815
00°04'00" east 450 00 feet from the southeast corner of said
Section 36, thence north 00°0440" east, 50 00 feet along the
easterly right-of-way of Cardwell Avenue (60 ft. R.0 W ), thence
south 89°41'00" east, 232 00 feet; thence south 00°04'40" west,
50 00 feet, thence north 89°41'00" west, 232 00 feet to the point
of beginning, containing 11,599 899 sq ft. or 0 266 acres,
subject to any and all easements of record
as shown on the map attached to the aforesaid communication which
is made a part hereof by reference, FURTHER, in accordance with
Section 16 32.030 of the Livonia Code of Ordinances, as amended,
and Section 18 46 of Zoning Ordinance No 543, as amended, the
Council does hereby waive the minimum lot width, lot area and width-
to-depth ratio requirements set forth in Zoning Ordinance No 543, as
amended, with respect to this property division since the proposed lot
would be consistent with the size, shape and width of lots existing in
the vicinity of the proposed split; FURTHER, any homes constructed
on these parcels shall have at least 65% brick at a four-inch (4")
minimum, and the City Clerk is hereby requested to cause a certified
copy of this resolution to be recorded in the Office of the Wayne
County Register of Deeds
#344-08 RESOLVED, that having considered the report and
recommendation of the City Engineer=1,— Operations, dated July 11,
2008, which bears the signature of the Director of Public Works and
the Director of Finance and is approved for submission by the Mayor,
the Council does hereby accept the bid of Vermeer of Michigan, Inc ,
1005 Thorrez Road, Jackson, Michigan 49201, for supplying the Public
Service Division (Road Maintenance Section) with one (1) Trailer-
Mounted Wet/Dry Vacuum Unit with High Pressure Water Nozzle, for a
total price of $53,560 00, the same having been in fact the lowest bid
received which meets specifications, FURTHER, the Council does
hereby authorize an expenditure in the amount of $53,560 00 from
funds already budgeted in Account No 101-446-987-000, for this
purpose, FURTHER, the bid of Jack Doheny Supplies, Inc is hereby
rejected for the reasons indicated in the attachment.
#345-08 RESOLVED, that having considered a letter from the
Department of Law, dated July 11, 2008, relating to the tax-foreclosed
property at 9001 Hugh, the Council does hereby authorize the exercise
of the City's statutory right of first refusal with respect to such property,
and payment to the County therefore in the amount of the statutory
minimum bid, being $9,736 81, upon payment to the City of that
amount from Community Development Block Grant funds, and the
Mayor and City Clerk are hereby authorized to execute documents on
Regular Meeting Minutes of August 13, 2008 36816
behalf of the City of Livonia and to do all other things necessary or
incidental to the full performance of this resolution
A roll call vote was taken on the foregoing resolutions with the following result:
AYES Laura, Meakin, Robinson, Knapp, Godfroid-Marecki,
and Toy
NAYS None
A communication from the Director of Legislative Affairs, dated July
24, 2008, re time limitations on outdoor parties in connection with requests to waive
the Noise Ordinance, was received and placed on file for the information of the
Council
A communication from the Department of Law, dated July 30, 2008,
re Dispatch Run Sheet from 2007 for 12332 Camden, Livonia, was received and
placed on file for the information of the Council
On a motion by Meakin, seconded by Godfroid-Marecki, and
unanimously adopted, it was
#346-08 RESOLVED, that having considered a letter from Mr
and Mrs Joseph Swingle, dated July 10, 2008, which requests
permission to waive Section 8 32 070 (Noise Control) of the Livonia
Code of Ordinances, as amended, in connection with an outdoors
gathering to be held on Saturday, August 23, 2008, at 12332 Camden,
to allow the playing of a live band, the Council does hereby grant and
approve this request in the manner and form herein submitted with the
understanding that this approval is limited to no later than 10.00 p m
on August 23, 2008
On a motion by Meakin, seconded by Laura, and unanimously
adopted, it was
#347-08 RESOLVED, that having considered a communication
from the City Clerk, dated July 9, 2008, forwarding an application
submitted by Lee Shaw, 11026 Melrose, Livonia, Michigan 48150, for a
ibm massage therapist permit and in accordance with Chapter 5 49 of the
Regular Meeting Minutes of August 13, 2008 36817
Livonia Code of Ordinances, as amended, the Council does hereby
approve this request in the manner and form herein submitted, and the
City Clerk is hereby requested to do all things necessary or incidental
to the full performance of this resolution
Lee Shaw, 11026 Melrose, Livonia, was present at the meeting to
answer any questions of Council
On a motion by Laura, it was
RESOLVED, that having received a communication from Bryan L
Amann, Bryan L Amann, PLLC, dated June 30, 2008, requesting
approval of a resolution of authorization for the preparation and
submission of a Brownfield Redevelopment Plan and inclusion in the
Wayne County TURBO Program regarding approximately 40 acres
located on the northwest corner of Middlebelt and Seven Mile Roads,
the Council does hereby refer this matter to the Committee of the
Whole for its report and recommendation
The motion failed for lack of support.
On a motion by Meakin, seconded by Robinson, it was
RESOLVED, that having received a communication from Bryan L
Amann, Bryan L Amann, PLLC, dated June 30, 2008, requesting
approval of a resolution of authorization for the preparation and
submission of a Brownfield Redevelopment Plan and inclusion in the
Wayne County TURBO Program regarding approximately 40 acres
located on the northwest corner of Middlebelt and Seven Mile Roads,
the Council does hereby refer this matter to the Legislative Committee
for its report and recommendation
Carl Zarbo, Livonia Mall, was present at the meeting to answer any
questions of Council
Bryan Amann, Bryan L Amann, PLLC, was present at the meeting to
answer any questions of Council
The President relinquished the Chair to the Vice-President at 8 17 p m
to express her concerns about the redevelopment of the property located on the
northwest corner of Middlebelt and Seven Mile Roads (former Livonia Mall) given the
current economic conditions
Mayor Kirksey addressed Council to express the importance of the
proposed redevelopment of the property located on the northwest corner of
Middlebelt and Seven Mile Roads (former Livonia Mall) and stated he would like all
Regular Meeting Minutes of August 13, 2008 36818
members of the Council to be present at the Committee meeting wherein this matter
is discussed further
A roll call vote was then taken on the proposed resolution by Meakin and Robinson,
as follows
#348-08 RESOLVED, that having received a communication from
Bryan L Amann, Bryan L Amann, PLLC, dated June 30, 2008,
requesting approval of a resolution of authorization for the preparation
and submission of a Brownfield Redevelopment Plan and inclusion in
the Wayne County TURBO Program regarding approximately 40 acres
located on the northwest corner of Middlebelt and Seven Mile Roads,
the Council does hereby refer this matter to the Legislative Affairs
Committee for its report and recommendation
with the following result:
AYES Meakin, Robinson, Knapp, and Godfroid-Marecki
NAYS Laura and Toy
The Vice- President declared the resolution adopted
The President resumed the Chair at 8 42 p m
On a motion by Knapp, seconded by Godfroid-Marecki, and
unanimously adopted, it was
#349-08 RESOLVED, that having considered a communication
from the City Librarian, dated July 25, 2008, 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 various gifts and cash donations, in the total amount of
$56,760 00, from the sources indicated therein for use by the Livonia
Public Library as indicated in the aforesaid communication, FURTHER,
the Council does hereby appropriate and credit the amount of
$35,125 00 to Account No 702-000-285-271, $10,475 00 to Account
No 702-000-285-272, and $11,160 00 to Account No 702-000-285-
273 for the purposes as designated by the donors
During Audience Communication, Dianne Marietti, 15044 Fairway,
Livonia, acknowledged the significant voter turn-out at the recent Primary election
and thanked voters for doing a great job
Regular Meeting Minutes of August 13, 2008 36819
Knapp welcomed his wife, Kathy, as Livonia's newest resident and
thanked fellow Council members for attending his recent wedding
On a motion by Meakin, seconded by Knapp, this 1,614th Regular
Meeting of the Council of the City of Livonia was adjourned at 8 45 p m
Linda Grimsby, City Clerk