HomeMy WebLinkAboutCOUNCIL MINUTES 2008-01-30 36585
MINUTES OF THE ONE THOUSAND SIX HUNDRED FIRST
REGULAR MEETING OF JANUARY 30, 2008
On January 30, 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 Councilmember McCann led the meeting with the Pledge of
Allegiance
Roll was called with the following result: James McCann, Joe Laura, Brian
Meakin, Thomas Robinson, Don Knapp, Terry Godfroid-Marecki, and Laura Toy
Absent: None
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; and Maureen Cosgrove, Assistant City
Clerk.
On a motion by Meakin, seconded by McCann, and unanimously adopted,
it was
#19-08 RESOLVED that the Minutes of the 1,600th Regular Meeting
of the Council held January 16, 2008 are hereby approved as submitted
There was no audience communication at the beginning of the meeting
Vice President Godfroid-Marecki wished Councilmember Knapp a Happy
Birthday and congratulated her daughter, Jordyn, and son-in-law, John, who recently
announced they are expecting their second child this summer
Knapp wished his father a Happy Birthday and indicated his father
celebrated a "landmark" birthday on Tuesday, January 29th
Robinson wished his grandmother, Stella Robinson, a Happy 95th
Birthday, whose birthday was also on Tuesday, January 29th
Regular Meeting Minutes of January 30, 2008 36586
President Toy mentioned this week's State of the State address given by
Governor Jennifer Granholm and thanked Robinson for being her guest at this event.
On a motion by Robinson, seconded by Knapp, it was
#20-08 RESOLVED, that having considered a letter from Cathy
Shook, MOPS Representative, Bell Creek Community Church, dated
January 10, 2008, which requests permission to display signs announcing
their Mom to Mom Sale to be conducted at Franklin High School on
Saturday, March 1, 2008, which signs are to be 18" x 24" in size and
which will be displayed at various locations in the City, no earlier than
Sunday, February 24, 2008, and removed no later than Sunday, March 2,
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
#21-08 RESOLVED, that having considered the letter from the
President of the Livonia Anniversary Committee, Inc., dated January 11,
2008, requesting approval of the following items.
1 The issuance of a permit to Wade Shows to conduct carnival
amusement rides at Ford Field and Veterans' Park, as part of this
year's SPREE-58 Celebration, on June 24, 25 and 26, 2008, from
2.00 p m to midnight and on June 27, 28, and 29, 2008, from 12 00
noon to midnight, subject to the City of Livonia, Livonia Public
Schools, the Livonia Hockey Association and the Livonia
Anniversary Committee, Inc. being identified as additional insured
on Wade Shows' general liability insurance policy;
2 Authorization of the Anniversary Committee to conduct a fireworks
display at Veterans' Park to be held on Sunday, June 29, 2008, at
approximately 10 15 p m , which display will be controlled by
American Fireworks, Inc., subject to providing liability insurance for
this event and subject to the City of Livonia, Livonia Public Schools,
the Livonia Hockey Association and the Livonia Anniversary
Committee, Inc , being designated as additional insured on their
policy;
3 Authorization of the Livonia Anniversary Committee to use and/or
lease the facilities at Ford Field, Eddie Edgar Arena (subject to the
terms of the existing lease between the Livonia Hockey Association
and the City of Livonia) and Veterans' Park during the period of the
SPREE-58 celebration in accordance with the fees/waivers grid for
events co-sponsored by the City of Livonia, and
Regular Meeting Minutes of January 30, 2008 36587
4 A waiver of all fees prescribed by ordinance or law with respect to
Items 2 and 3 above, as well as a waiver of all vendors' license
fees for community organizations and/or groups authorized to
participate in SPREE-58 by the Anniversary Committee,
the Council does hereby concur in and approve the foregoing requests,
and the City Clerk and all other appropriate City officials and agencies are
hereby requested to do all things necessary or incidental to the full
performance of this resolution
#22-08 RESOLVED, that having considered the letter from the
President of the Livonia Anniversary Committee, Inc., dated January 11,
2008, wherein it is requested that the following City streets be closed to
through traffic from 8 00 a m on June 23, 2008, through 12.00 noon on
June 30, 2008 (Monday through Monday).
Stark Road from the Family Y, 14255 Stark, to Lyndon
Lyndon from Farmington Road to Stark Road
the Council does hereby concur in and grant this request in the manner
and form herein submitted, FURTHER, the Council does hereby request
that Farmington Road be closed from the 1-96 overpass and Five Mile
Road on Sunday, June 29, 2008, between the hours of 8 30 p m and
11 30 p m or until the road is returned to normal traffic operation in
connection with the annual SPREE fireworks display, and does hereby
authorize the City of Livonia to assume liability for any damage claims
which may arise as a result of the road closure, and that Sgt. David Studt
is hereby designated and authorized to sign the road closure permit on
behalf of the City of Livonia, the action taken herein being made subject to
the approval of the Police Department, Fire Department and Wayne
County; and to the extent possible, SPREE is requested, in conjunction
with the Police Department, to do all things necessary to alleviate traffic
problems for the residents of Stoneleigh Village Subdivision during the
2008 Anniversary Celebration, including signs on the barricades indicating
"local business and residents only "
#23-08 RESOLVED, that having considered the letter from the
President of the Livonia Anniversary Committee, Inc., dated January 11,
2008, the Council does hereby approve of the request from the Livonia
Anniversary Committee, Inc for permission to display banners advertising
SPREE-58 on Farmington Road and Five Mile Road from May 26, 2008,
through June 29, 2008, and to display 4' x 8' signs at City Hall and Ford
Field from May 26, 2008, through June 29, 2008, at no additional cost to
SPREE, FURTHER, the Council does hereby permit the Livonia
Anniversary Committee, Inc. to acknowledge supporters with banners and
signage not to exceed 3' x 5' in size on Ford Field and the ball diamonds
Regular Meeting Minutes of January 30, 2008 36588
only from June 24, 2008, to June 29, 2008, and the City Clerk and all
other appropriate City officials and agencies are hereby requested to do
all things necessary or incidental to the full performance of this resolution
A communication from the Office of the City Clerk, dated January 7, 2008,
re forwarding a communication from the Executive Director, Administrative & Financial
Services, of the Wayne County Regional Educational Service Agency, re collection of
the Wayne County Regional Educational Service Agency's (RESA) taxes for the year
2008, was received and placed on file for the information of the Council
#24-08 RESOLVED, that having considered the report and
recommendation of the Director of the Housing Commission, dated
January 10, 2008, 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 Michelini Custom Building, 28745 Avondale, Inkster,
Michigan 48141, for the purchase and installation of 107 apartment entry
doors in the Silver Village Housing Community for the total amount of
$58,310 00, the same having been in fact the lowest bid received and
meets all specifications, FURTHER, the Council does hereby authorize
the expenditure of a sum not to exceed $58,310 00 from funds already
budgeted in Account No 296-831-931-000 (Silver Village Building
Maintenance) for this purpose, and the Director of the Housing
Commission is 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
#25-08 RESOLVED, that having considered a communication from
the Director of Community Resources, dated January 9, 2008, which
bears the signature of the Finance Director, is approved by the City
Attorney and is approved for submission by the Mayor, and to which is
attached a proposed agreement for the Specialized Services Operating
Assistance Program between SMART and the City of Livonia for the
period October 1, 2007, through September 30, 2008, the Council does,
for and on behalf of the City of Livonia, authorize the Mayor and City Clerk
to execute the said agreement in the manner and form herein submitted,
provided that the agreement is approved as to form by the Department of
Law
#26-08 RESOLVED, that having considered the report and
recommendation of the Director of Inspection, dated January 8, 2008,
which bears the signature of the Director of Finance and is approved for
submission by the Mayor, the Council does hereby approve the extension
Regular Meeting Minutes of January 30, 2008 36589
of the Weed Cutting Contract 99-A, commencing January 1, 2008, and
expiring on December 31, 2008, with Michigan Grounds Management,
14931 Farmington Road, Livonia, Michigan 48154, under the same rates,
terms and conditions as the 1999 contract; FURTHER, the Council does
hereby authorize an advance in the contract amount from the Municipal
Refuse Fund Account for the purpose of making payments to the
contractor as the work is completed, with the provision that the Municipal
Refuse Fund Account be reimbursed as bills for weed cutting are
collected, and the Director of Inspection is hereby authorized to approve
minor adjustments in the work as it becomes necessary; and the City
Clerk is hereby authorized to do all things necessary or incidental to the
full performance of this resolution, FURTHER, the Council does hereby
authorize the action herein without competitive bidding in accordance with
Section 3 04 140 D 4 of the Livonia Code of Ordinances, as amended
#27-08 RESOLVED, that having considered the report and
recommendation of the City Engineer - Operations, dated January 3,
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 authorize the purchase of three (3) John Deere utility
tractors from Thesier Equipment Company, 28342 Pontiac Trail, South
Lyon, Michigan 48178, for a net price of $101,665 83, based on a total
price of $133,465 83 less trade-ins of $31,800 00, the same to be
expended from funds already budgeted for this purpose in Account No
101-446-987-000 (Capital Outlay), FURTHER, the Council does hereby
determine to authorize the said purchase without competitive bidding
inasmuch as the same is based upon the low State of Michigan bid price
(under Contract No 07166200191) and such action is taken in
accordance with Section 3 04 140 D 4 of the Livonia Code of Ordinances,
as amended
#28-08 RESOLVED, that having considered the report and
recommendation of the City Engineer - Operations, dated January 3,
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 authorize the purchase of five (5) John Deere Gators
from Commercial Lawnmower, 32098 Plymouth Road, Livonia, Michigan
48150, for a net price of $28,958 56, based on a total price of $34,958 56
less trade-ins of $6,000 00, the same to be expended from funds already
budgeted for this purpose in Account No 101-446-987-000 (Capital
Outlay), FURTHER, the Council does hereby determine to authorize the
said purchase without competitive bidding inasmuch as the same is based
upon the low State of Michigan bid price (under Contract No
071B6200191) and such action is taken in accordance with Section
L3 04 140 D 4 of the Livonia Code of Ordinances, as amended
Regular Meeting Minutes of January 30, 2008 36590
#29-08 RESOLVED, that having considered the report and
recommendation of the City Engineer - Operations, dated January 3,
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 authorize the purchase of one (1) Toro
Groundmaster 3505-D mower from Spartan Distributors, 487 W Division
Street, P 0 Box 246, Sparta, Michigan 49345, for a net price of
$23,968 57, based on a total price of $24,968 57 less trade-in of
$1,000 00, the same to be expended from funds already budgeted for this
purpose in Account No 101-446-987-000 (Capital Outlay), FURTHER, the
Council does hereby determine to authorize the said purchase without
competitive bidding inasmuch as the same is based upon the low State of
Michigan bid price (under Contract No 071B7200194) and such action is
taken in accordance with Section 3 04 140 D 4 of the Livonia Code of
Ordinances, as amended
#30-08 RESOLVED, that having considered the report and
recommendation of the City Engineer - Operations, dated January 3,
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 authorize the purchase of three (3) Toro Zero-Turn
mowers, Model 74253, from Commercial Lawnmower, 32098 Plymouth
Road, Livonia, Michigan 48150, for a net price of $25,367 00, based on a
total price of $29,367 00 less trade-ins of $4,000 00, the same to be
expended from funds already budgeted for this purpose in Account No
101-446-987-000 (Capital Outlay), FURTHER, the Council does hereby
determine to authorize the said purchase without competitive bidding
inasmuch as the same is based upon the low State of Michigan bid price
(under Contract No 071B7200194) and such action is taken in
accordance with Section 3 04 140 D 4 of the Livonia Code of Ordinances,
as amended
#31-08 RESOLVED, that having considered the report and
recommendation of the City Engineer and Director of Public Works, dated
January 10, 2008, which bears the signature of the Director of Finance
and is approved for submission by the Mayor, regarding a Final Change
Order for additional work required in connection with the existing contract
between the City of Livonia and Century Cement, previously authorized in
Council Resolution 196-07, adopted on May 9, 2007, for the 2007
Concrete Paving Program, the Council does hereby approve the final
contract amount of $1,628,445 82 (as revised), of which the amount of
$69,011 82 represents additional work requested by the City; FURTHER,
the Council does hereby appropriate and authorize the expenditure of the
additional sum of $69,011 82 for additional work requested, FURTHER,
the Council does hereby authorize final payment to be made to Century
Cement, Inc , 12600 Sibley Road, Riverview, Michigan 48193, from
Regular Meeting Minutes of January 30, 2008 36591
Account Nos 204-463-818-110, 112, and 114 (Road, Sidewalk and Tree
Fund — Reconstruction) for this purpose
#32-08 RESOLVED, that having considered a communication from
the Department of Law, dated January 9, 2008, which bears the signature
of the Director of Finance and the City Assessor and is approved for
submission by the Mayor, the Council does hereby accept the proposal
submitted by Heinowski Appraisal and Consulting, LLC, 595 Forest, Suite
5B, Plymouth, Michigan 48170, for performing real estate appraisals of
property owned by General Motors located in the City in an amount not to
exceed $33,000 00; FURTHER, the Council does hereby appropriate and
authorize the expenditure of a sum not to exceed $33,000 00 from the
unexpended fund balance of the Plymouth Road Development Fund (262)
for this purpose, FURTHER, the Council does hereby authorize the action
herein without competitive bidding in accordance with Section
3 04 140 D 2 of the Livonia Code of Ordinances, as amended, 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 company, after 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
#33-08 RESOLVED, that having considered a communication from
Councilmember Joe Laura, dated January 3, 2008, the Council does
hereby refer the subject of an update on the status of the Livonia
Community Recreation Center (including information regarding
membership levels, millage funds, employee matters, concerns and/or
complaints) to the Administration for a report and recommendation,
FURTHER, the Council does hereby refer this matter to the Public Safety,
Education and Recreation Committee for its report and recommendation
A roll call vote was taken on the foregoing resolutions with the following result:
AYES McCann, Laura, Meakin, Robinson, Knapp,
Godfroid-Marecki, and Toy
NAYS None
Knapp gave first reading to the following Ordinance
AN ORDINANCE AMENDING SECTIONS 020, 030, 040, 070, AND 080
OF TITLE 8, CHAPTER 40 (NOXIOUS WEEDS AND REFUSE) OF THE
LIVONIA CODE OF ORDINANCES, AS AMENDED
Regular Meeting Minutes of January 30, 2008 36592
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
On a motion by Meakin, seconded by Knapp, and unanimously adopted, it
was
#34-08 WHEREAS, pursuant to Act 198 of the Public Acts of 1974,
as amended, this Council has the authority to establish Industrial
Development Districts within the boundaries of the City of Livonia, and
WHEREAS, a proposal was made regarding the establishment of an
Industrial Development District encompassing land situated in the City of
Livonia (37640 Seven Mile Road), comprised of an area of approximately
6 376 acres lying in the Southeast 1/4 of Section 6, more particularly
described in Exhibit A, attached hereto and incorporated by reference
herein, which area is hereinafter referred to as "City of Livonia Industrial
Development District No 113", and
WHEREAS, written notice has been given by certified mail to S & N
Development Company, LLC of the Council's pending action on this
resolution and of its right to a hearing on the establishment of proposed
City of Livonia Industrial Development District No 113, and
WHEREAS, notice has been given to all interested owners, residents and
taxpayers in the Livonia area of a public hearing on the establishment of
the proposed City of Livonia Industrial Development District No 113, and
WHEREAS, on January 9, 2008, a public hearing was held on the
establishment of proposed City of Livonia Industrial Development District
No 113, at which time S & N Development Company, LLC and other
taxpayers and residents of the City of Livonia had an opportunity to be
heard (a copy of the statements both written and oral made at such
hearing being on file with this City Council), and a representative of S & N
Development Company, LLC attended said hearing and acknowledged
receipt of notice of such hearing on behalf of the said corporation,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
LIVONIA, AS FOLLOWS
LI An Industrial Development District is hereby established, such
district to consist of the area described above
Regular Meeting Minutes of January 30, 2008 36593
2 Such Industrial Development District is hereby designated as the
"City of Livonia Industrial Development District No 113 "
EXHIBIT A
Part of the SE 1/4 of Section 6, T 1 S , R.9 E , City of Livonia, Wayne
County, Michigan, described as
Beginning It a point distant S 89°38'20" W 630 00 feet along the
south line of said Section 6, and N 00°07'51" W 60 00 feet to the
north right-of-way line of Seven Mile Road, and S 89°38'20" W
along said north right-of-way line 60 00 feet from the SE corner of
said Section 6, proceeding thence S 89°38'20" W 557.29 feet;
thence N 00°07'51" W (N 00°06'30" W measured) 20 0 feet; thence
S 89°38'20" W 230 00 feet; thence N 83°38'39" W 70 45 feet (69 07
feet measured), the last four courses being along said north right-
of-way line of Seven Mile Road, thence N 00°06'30" W along the
east right-of-way line of Victor Parkway 410 00 feet (409 99 feet
measured), thence S 83°16'00" E 402 72 feet (401 34 feet
measured), thence S 69°46'41" E 42 66 feet; thence S 59°32'18" E
484 76 feet; thence S 00°07'51" E 125 12 feet to the point of
beginning Containing 6 376 acres Subject to all easements and
restrictions of record, if any
A communication from the Planning Commission, dated January 15, 2008,
re revised Industrial Facilities Exemption Certificate Letter of Agreement between the
City of Livonia and Valasis Manufacturing Company to reflect a revised investment total
at their facility located at 35955 Schoolcraft Road, was received and placed on file for
the information of the Council (CR 513-07)
On a motion by Meakin, seconded by Laura, and unanimously adopted, it
was
#35-08 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 January 30, 2008 36594
Meakin gave first reading to the following Ordinance
AN ORDINANCE AMENDING SECTIONS 020, 030, 040, 060,
AND 070 OF TITLE 10, CHAPTER 63 (SNOW ALERT) 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
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 McCann, Laura, Meakin, Robinson, Knapp,
Godfroid-Marecki, 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 Knapp, seconded by Laura, and unanimously adopted,
this 1,601st Regular Meeting of the Council of the City of Livonia was adjourned at 8 15
p m
Linda Grimsby, City Clerk /