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HomeMy WebLinkAboutCOUNCIL MINUTES 2008-03-12 36637 MINUTES OF THE ONE THOUSAND SIX HUNDRED FOURTH REGULAR MEETING OF MARCH 12, 2008 On March 12, 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 Robinson introduced several senior students from Catholic Central High School, who led the meeting with the Pledge of Allegiance Roll was called with the following result. Thomas Robinson, Don Knapp, Terry Godfroid-Marecki, James McCann, Joe Laura, Brian Meakin, 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, and Mark Taormina, City Planner On a motion by Knapp, seconded by Robinson, and unanimously adopted, it was #81-08 RESOLVED that the Minutes of the l,603rd Regular Meeting of the Council held February 27, 2008 are hereby approved as submitted President Toy announced Livonia is hosting its 21st Bi-Annual Ice Show scheduled for Friday, March 14, 2008, and Saturday, March 15, 2008 This event will be held at Eddie Edgar Ice Arena with scheduled show times of 7 00 p m on Friday, March 14th and two shows on Saturday, March 15th at 100 pm and 7 00 p m. President Toy explained tickets can be purchased at the Livonia Community Recreation Center or at the door of Eddie Edgar on the day of the event. For more information regarding Livonia's Ice Show, residents were advised to call (734) 466- 2410 President Toy introduced and welcomed Linda Scheel, President of the Livonia Public School Board of Education, to the Council meeting Ms Scheel thanked the Council, its staff, and the entire community for the outpouring of Regular Meeting Minutes of March 12, 2008 36638 overwhelming support to aid in the recovery from the recent fire at Webster Elementary Ms Scheel explained Webster Elementary houses the Academically Talented program and the county-wide Special Education classes for elementary students She was proud to inform Council that within one week of the fire, students were back in school over at Taylor Elementary Ms Scheel thanked the teachers and families of Webster, and the entire community, for their diligent efforts in getting students back to school in such a quick manner She also expressed gratitude to the Mayor, the Fire Department, and the Police Department for their outstanding service and continued support following such a traumatic event. President Toy announced there would be three "X" items addressed at the end of the meeting regarding two signage requests submitted by the Livonia Family YMCA and the Northwest Detroit Coin Club, and the third "X" item regarding 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 (Kendricks v City of Livonia) There was no Audience Communication at the beginning of the meeting On a motion by McCann, seconded by Knapp, it was #82-08 RESOLVED, that having considered a letter from Louis Fox, Show Chairman, Livonia Wood Carvers Club, dated February 13, 2008, which requests permission to display signs announcing their 34th Annual Carving Show, to be conducted at Monaghan Knights of Columbus on Saturday, August 16, 2008, which signs are to be 18" x 22" in size and which will be displayed at various locations in the City, no earlier than Sunday, August 10, 2008, and removed no later than Sunday, August 17, 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 #83-08 RESOLVED, that having considered a communication from the Director of Community Resources, dated February 7, 2008, which bears the signature of the Director of Finance, is approved by the City Attorney and is approved for submission by the Mayor, to which is attached a proposed Fiscal Year 2008 Municipal Credit Contract between SMART and the City of Livonia for the period July 1, 2007, to June 30, 2008, the Council does hereby authorize the Mayor and City Clerk to execute the Municipal Credit Contract for and on behalf of the City of Livonia for fiscal year 2008 and to do all other things necessary or incidental to the full performance of this resolution Regular Meeting Minutes of March 12, 2008 36639 #84-08 RESOLVED, that having considered the report and recommendation of the Chief of Police, dated February 6, 2008, which bears the signature of the Director of Finance and is approved for submission by the Mayor, the Council does hereby authorize the purchase of a Digital Intelligence Forensic File Server from Digital Intelligence, Inc , 17165 W Glendale Drive, New Berlin, Wisconsin 53151, FURTHER, the Council does hereby appropriate and authorize an expenditure in the amount of $90,552 00 from the unexpended fund balance of adjudicated federal forfeiture funds for this purpose, FURTHER, the Council does hereby determine to authorize the said purchase without competitive bidding for the reasons indicated in the aforesaid communication, and such action is taken in accordance with Section 3 04 140 D 4 of the Livonia Code of Ordinances, as amended #85-08 RESOLVED, that having considered the report and recommendation of the Superintendent of Parks and Recreation, dated February 22, 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 Bedzyk Bros , Inc., 30057 W Eight Mile, Livonia, Michigan 48152, for completing all work required in connection with the construction of a 36' x 44' shelter at Rotary Park for the total amount of $31,500 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 $31,500 00 from funds already budgeted in Account No 208-756-987- 000 for this purpose, FURTHER, the Superintendent of Parks and Recreation is hereby authorized to approve minor adjustments in the work as it becomes necessary and any costs in excess of $31,500 00 shall require preauthorization by the Superintendent of Parks and Recreation, FURTHER, 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 #86-08 RESOLVED, that having considered the report and recommendation of the Director of the Housing Commission, dated February 22, 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 Lake Region, Inc., P 0 Box 151, Southfield, Michigan 48037, for purchase and delivery of 105 Frigidaire, 18" dishwashers to be installed by Housing Commission Maintenance personnel at Newburgh Village for the total price of $28,245 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 $28,245 00 for this Regular Meeting Minutes of March 12, 2008 36640 purpose from Account No 294-834-931-000, and the Director of the Housing Commission is hereby authorized to execute a contract for and on behalf of the Housing Commission with the aforesaid bidder and to do all other things necessary or incidental to the full performance of this resolution A communication from the Department of Finance, dated February 19, 2008, re the Annual Report for the fiscal year ending November 30, .007, on the investment activity of City funds, was received and placed on file for the information of the Council (CR 820-98) #87-08 RESOLVED, that having considered the report and recommendation of the Director of Finance, dated February 21, 2008, approved for submission by the Mayor, to which is attached a list of recommended final budget adjustments required for the Fiscal Year 2007 budget, the Council does hereby authorize said budget adjustments and transfers in the manner and form set forth in the attachment. #88-08 RESOLVED, that having considered the report and recommendation of the City Engineer — Operations and the Director of Public Works, dated February 22, 2008, which bears the signature of the Director of Finance and is approved for submission by the Mayor, the Council does hereby accept the unit price bid of Branch Tree Service, 24195 Mound Road, Warren, Michigan 48091, for completing all work required in connection with the City's 2008 Tree and Stump Removal Program for an estimated total cost not to exceed $75,055 00, said estimated cost and unit prices having been the second lowest bid received and meets all specifications, FURTHER, the bid of Horton's Tree Service is hereby rejected for the reasons listed in the aforementioned report and recommendation, FURTHER, the Council does hereby authorize an expenditure in the amount of $75,055 00 from funds already budgeted in Account No 205-527-818- 045 (Municipal Refuse Fund Contractual Services - Forestry) for this purpose, and the Director of Public Works 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 #89-08 RESOLVED, that having considered the report and recommendation of the City Engineer (Utilities and Engineering), dated Regular Meeting Minutes of March 12, 2008 36641 February 11, 2008, approved by the Director of Public Works and approved for submission by the Mayor, regarding repair of sidewalks in the City of Livonia pursuant to the 2007 Sidewalk Program, at the locations and in the amounts indicated in the attachment to the aforesaid communication, which work was done pursuant to Council Resolution No 124-07 and in accordance with the provisions of Section 340 of Title 12, Chapter 4 of the Livonia Code of Ordinances, as amended, the City Treasurer is hereby directed to send a statement of charges to all property owners in the amounts listed above in accordance with Section 150 of Title 3, Chapter 8 of the Livonia Code of Ordinances, as amended, and the Council does hereby establish the evening of June 11, 2008, at 8.00 p m at the Livonia City Hall, 33000 Civic Center Drive, Livonia, Michigan, as the time and place when the Council shall meet for the purpose of adopting a resolution placing a special assessment upon said property for such charges unless the same are paid prior to the date of such meeting, and the City Clerk and City Treasurer are hereby requested to do all things necessary or incidental to the full performance of this resolution #90-08 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, in connection with the selection of a mechanical engineering consultant for the City Hall heating, ventilation and air conditioning (HVAC) replacement project, excluding the Annex, the Council does hereby accept the proposal submitted by DiClemente Siegel Design, Inc., 28105 Greenfield Road, Southfield, Michigan 48076, to provide mechanical engineering consulting services in connection with the City Hall heating, ventilation and air conditioning (HVAC) replacement project, excluding the Annex, in the estimated amount of $327,400 00 (6 9% of estimated construction costs), such amount to be expended from funds already budgeted for this purpose in Account No 401-000-975- 000 (Capital Projects Fund, Building Capital Outlay) for this purpose, and the Director of Public Works 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 company and to do all other things necessary or incidental to the full performance of this resolution, FURTHER, the Council does hereby determine to authorize the said purchase without competitive bidding for the reasons indicated in the aforesaid communication, and such action is taken in accordance with Section 3 04 140 D.2 of the Livonia Code of Ordinances, as amended Regular Meeting Minutes of March 12, 2008 36642 #91-08 RESOLVED, that having considered a communication from the City Planning Commission, dated February 6, 2008, which transmits its resolution 02-08-2008, adopted on February 5, 2008, with regard to Petition 2008-01-02-02, submitted by JCD III, L L.0 requesting waiver use approval to operate a full service restaurant with outdoor seating (Jimmy John's Gourmet Sandwiches) on property located on the south side of Eight Mile Road between Farmington Road and Shadyside Road (33177 Eight Mile Road), in the Northwest 1/4 of Section 3, which property is zoned C-2, the Council does hereby concur in the recommendation made by the City Planning Commission and Petition 2008-01-02-02 is hereby approved and granted, subject to the following conditions That the customer seating provided in connection with the subject use shall be in accordance with the Store Layout Plan submitted by Jimmy John's Gourmet Sandwiches, dated January 2, 2008, 2 That the maximum customer seating count shall not exceed a total of 56 seats, including 52 interior seats and 4 outdoor seats, 3 That the outdoor seating shall be situated in close proximity to the north (front) wall of the building in order to maximize the separation distance from the parking area, and for the purpose of insuring the provision of sufficient clear space for pedestrian and handicapped accessibility on the sidewalk, 4 That a trash receptacle shall be provided for the outdoor dining area and shall be emptied regularly as needed, 5 That only conforming signage is approved with this petition, and any additional signage shall be submitted for review and approval by the Planning Commission and City Council, 6 That no LED lightband or exposed neon shall be permitted on the site including, but not limited to, the building or around the windows, 7 That the specific plan referenced in this approving resolution shall be submitted to the Inspection Department at the time the building permits are applied for; and 8 That all conditions imposed by Council Resolution 321-07, which granted site plan approval for the Eight Mile Place Development under Petition 2007-04-08-08, shall remain in effect to the extent that they are not in conflict with this approval Regular Meeting Minutes of March 12, 2008 36643 #92-08 RESOLVED, that having considered a communication from the City Planning Commission, dated February 6, 2008, which transmits its resolution 02-09-2008, adopted on February 5, 2008, with regard to Petition 2008-01-02-03, submitted by Leo's Coney Island requesting waiver use approval to operate a full service restaurant on property located on the south side of Eight Mile Road between Farmington Road and Shadyside Road (33161 Eight Mile Road), in the Northwest 1/4 of Section 3, which property is zoned C-2, the Council does hereby concur ki the recommendation made by the City Planning Commission and Petition 2008-01-02-03 is hereby approved and granted, subject to the following conditions 1 That the Floor Plan/North Elevation Plan marked Sheet 1 prepared by Antonino Scavo & Associates, Inc , dated January 4, 2008, is hereby approved and shall be adhered to, 2 That the maximum customer seating count shall not exceed 130 seats, 3 That only conforming signage is approved with this petition, and any additional signage shall be submitted for review and approval by the Planning Commission and City Council, 4 That no LED lightband or exposed neon shall be permitted on the site including, but not limited to, the building or around the windows, 5 That the specific plan referenced in this approving resolution shall be submitted to the Inspection Department at the time the building permits are applied for; and 6 That all conditions imposed by Council Resolution 321-07, which granted site plan approval for the Eight Mile Place Development under Petition 2007-04-08-08, shall remain in effect to the extent that they are not in conflict with this approval A roll call vote was taken on the foregoing resolutions with the following result: AYES Robinson, Knapp, Godfroid-Marecki, McCann, Laura, Meakin, and Toy NAYS None A communication from the Department of Parks and Recreation, dated February 19, 2008, re Administrative response concerning Livonia Community Regular Meeting Minutes of March 12, 2008 36644 Recreation Center (including membership levels, millage funds, employee matters, concerns and/or complaints), was received and placed on file for the information of the Council (CR 33-08) A communication from David Miller, dated February 20, 2008, re concerns about usage of the lap pool at the Livonia Community Recreation Center, was received and placed on file for the information of the Council An email communication from a member of the Livonia Community Recreation Center, dated March 4, 2008, re problems and concerns experienced at the Livonia Community Recreation Center, was received and placed on file for the information of the Council A communication from the Department of Parks and Recreation, dated March 7, 2008, re response to problems and concerns experienced at the Livonia Community Recreation Center as expressed by a resident via email communication dated March 4, 2008, was received and placed on file for the information of the Council On a motion by Robinson, seconded by Laura, and unanimously adopted,, it was #93-08 RESOLVED, that having considered the report and recommendation of the Public Safety, Education and Recreation Committee, dated February 19, 2008, submitted pursuant to Council Resolution 33-08, regarding the subject of an update on the status of the Community Recreation Center, the Council does hereby refer the issue of pool utilization and options to the Administration for its report and recommendation Robinson indicated this matter will remain in the Public Safety, Education and Recreation Committee at this time Regular Meeting Minutes of March 12, 2008 36645 On a motion by Laura, seconded by Knapp, and unanimously adopted, it was #94-08 RESOLVED, that having considered the report and recommendation of the Infrastructure and Community Transit Committee, dated February 25, 2008, submitted pursuant to Council Resolution 751-98, regarding the subject of drainage concerns in the Bell Creek area west of Fitzgerald Avenue in the .1i11 1/4 of Section 5, the Council does hereby determine to take no further action with regard to this matter On a motion by Laura, seconded by Godfroid-Marecki, and unanimously adopted, it was #95-08 RESOLVED, that having considered the report and recommendation of the Infrastructure and Community Transit Committee, dated February 25, 2008, regarding the subject of the Water Distribution System Improvement Project, the Council does hereby determine to take no further action with regard to this matter On a motion by Laura, seconded by Godfroid-Marecki, and unanimously adopted, it was #96-08 RESOLVED, that having considered the report and recommendation of the Infrastructure and Community Transit Committee, dated February 25, 2008, submitted pursuant to Council Resolution 44-99, regarding the subject of a Storm Water Management Study, the Council does hereby refer this matter to the Administration for its report and recommendation Laura provided a verbal update regarding the study of a Needs Assessment and Service Plan for transportation services and indicated this matter was referred to the Council for tracking purposes Laura further stated this item will remain in the Infrastructure and Community Transit Committee at this time (CR 356-02) On a motion by Laura, seconded by Meakin, and unanimously adopted, it was #97-08 RESOLVED, that having considered the report and recommendation of the Infrastructure and Community Transit Committee, dated February 25, 2008, submitted pursuant to Council Regular Meeting Minutes of March 12, 2008 36646 Resolution 11-06, regarding the subject of the amount of brick pavers and the percentage of lot coverage that can be installed on residential lots, the Council does hereby determine to take no further action with regard to this matter Meakin took from the table, for second reading and adoption, the following Ordinance ( AN ORDINANCE AMENDING SECTION 290 OF CHAPTER 04 (DOGS) OF TITLE 6 (ANIMALS) OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED A roll call vote was taken on the foregoing Ordinance with the following result: AYES Robinson, Knapp, Godfroid-Marecki, McCann, Laura, Meakin, and Toy NAYS None The President declared the foregoing Ordinance duly adopted, and would become effective on publication Knapp took from the table, for second reading and adoption, the following Ordinance AN ORDINANCE AMENDING SECTION 14 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 2007-07-01-05) A roll call vote was taken on the foregoing Ordinance with the following result. AYES Robinson, Knapp, Godfroid-Marecki, McCann, Laura, Meakin, and Toy NAYS None On a motion by Knapp, seconded by Laura, and unanimously adopted, it was Regular Meeting Minutes of March 12, 2008 36647 #98-08 RESOLVED, that having considered a communication from the City Planning Commission, dated February 7, 2008, which transmits its resolution 02-10-2007 adopted on February 5, 2008, with regard to Petition 2008-01-08-01 submitted by Marycrest Manor, requesting site plan approval in connection with an expansion of an elderly housing facility that would include the construction of a new three-story independent living complex and a new one-story assisted living facility on property located on the west side of Middlebelt Road between Five Mile Road and Wentworth Avenue (15475 and 15495 Middlebelt Road), in the Southeast 1/4 of Section 14, 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 2008-01-08-01 is hereby approved and granted, subject to the following conditions 1 That the Site Plan marked Sheet AS1 1 prepared by Edmund London & Associates, Inc., dated December 21, 2007, is hereby approved and shall be adhered to, 2 That the Tree Preservation Plan and Landscape Plan marked Sheets L1 and L2 prepared by Nowak & Fraus, each dated December 20, 2007, are hereby approved and shall be adhered to, 3 All disturbed lawn areas shall be replaced with sod in lieu of using hydro-seed, 4 That underground sprinklers are to be provided for all landscaped and sodded areas, and all planted materials shall be installed to the satisfaction of the Inspection Department and thereafter permanently maintained in a healthy condition, 5 That the Enlarged Composite Exterior Elevations Plans marked Sheets A3 1 and A3.2 prepared by Edmund London & Associates, Inc., each dated December 21, 2007, are hereby approved and shall be adhered to, 6 That the brick used in the construction shall be full face 4 inch brick, no exceptions, 7 That all light fixtures shall not exceed 20 feet in height and shall be shielded to minimize glare trespassing on adjacent properties and roadway; 8 That all parking spaces shall be double striped, Regular Meeting Minutes of March 12, 2008 36648 9 That the site's dumpster enclosure shall be of masonry construction to match the building brick and shall have metal gates which, when not in use, shall be closed at all times, 10 That only conforming signs are approved with this petition, and 11 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 The Petitioner was present at the meeting to answer any questions of Council A communication from Orchard, Hiltz & McCliment, Inc , dated March 10, 2008, re Newburgh Road Rehabilitation and the addition of a right turn lane (Westbound Five Mile Road onto Northbound Newburgh Road), was received and placed on file for the information of the Council On a motion by Knapp, seconded by McCann, and unanimously adopted, it was #99-08 RESOLVED, that having considered a communication from the City Engineer (Utilities and Engineering), dated February 21, 2008, which bears the signature of the Finance Director, 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 Hubbell, Roth & Clark, Inc , P 0 Box 824, Bloomfield Hills, Michigan 48303-0824, for performing consulting engineering services for the Newburgh Road Rehabilitation (1-96 Service Drive to Five Mile Road) and the addition of a right turn lane (Westbound Five Mile onto Northbound Newburgh Road) in an amount not to exceed $166,779 68, the same to be appropriated and expended from the unexpended fund balance of the Major Road Fund, and the City Engineer (Utilities and Engineering) is hereby authorized to approve minor adjustments in the work as it become necessary; FURTHER, 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, FURTHER, the Council does hereby determine to authorize the said purchase without competitive bidding for the reasons indicated in the Regular Meeting Minutes of March 12, 2008 36649 aforesaid communication, and such action is taken in accordance with Section 3 04 140 D.2 of the Livonia Code of Ordinances, as amended ia. On a motion by McCann, seconded by Laura, and unanimously adopted, it was #100-08 WHEREAS, pursuant to due and proper notice published and mailed to all property owners in Special Assessment District No 422 more particularly described in Council Resolution 619-07, adopted on December 19, 2007, 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 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 Curtis Creek Site Condominiums in said Special Assessment District No 422, NOW, THEREFORE, BE IT RESOLVED, that the said Council does hereby determine to install street lighting consisting of three (3) 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 422 Roll 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 422 based on installation of three (3) 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 the City Clerk is hereby authorized to execute a Municipal Street Lighting Agreement for this purpose, and FURTHER, a sum not to exceed $2,393 00 is hereby authorized from the cash payments posted by or collected from the developer of the Curtis Creek Site Condominiums in order to defray the Detroit Edison contribution-in-aid costs connected with this street lighting installation project. On a motion by Knapp, seconded by Godfroid-Marecki, and unanimously adopted, it was Regular Meeting Minutes of March 12, 2008 36650 #101-08 RESOLVED, that the City Assessor having prepared an S.A.D , dated January 10, 2008, and in accordance with the provisions of Section 3 08 060 of Title 3, Chapter 8 of the Livonia Code of Ordinances, as amended, containing a report with regard to the proposed installation of street lights in Kenwood Meadows Subdivision and Kenwood Meadows Subdivision #2, located on the south side of Five Mile Road between Cavell Avenue and Santa Anita Avenue in the Northeast 1/4 of Section 24, and a public hearing having been held thereon on February 20, 2008, after due notiqe as required by Title 3, Chapter 8 of said Code, as amended, and after careful consideration having been given to all such matters including the various objections, comments and observations of individuals in attendance at such public hearing, the Council does hereby refer this matter to the Infrastructure and Community Transit Committee for its report and recommendation A communication from the Department of Law, dated February 21, 2008, re City of Livonia's Motion for Summary Disposition re Vassallo v City of Livonia, was received and placed on file for the information of the Council On a motion by McCann, seconded by Meakin, and unanimously adopted, it was #102-08 RESOLVED, that having considered a communication from the Department of Law, dated February 29, 2008, approved for submission by the Mayor, transmitting for Council acceptance of a Grant of Easement executed by John R. Pastor on behalf of N & R Pastor LLC, in connection with an ingress and egress easement from relocated Haggerty Road to the City of Livonia Meter Pit located in the Northwest 1/4 of Section 6, more particularly described as A parcel of land located in the Northeast 1/4 of Section 1, T 1S, R. 8E, Northville Township, Wayne County, Michigan described as beginning at a point on the East line of said Section 1 distant S 01°46'19"E , 313 41 feet from the Northeast corner of said Section 1 and proceeding thence S 01°46119"E , 27 43 feet; thence S 78°02'13"W , 180 00 feet; thence S 11°57'47"E , 15 50 feet; thence S 7802'13'W , 282 00 feet; thence N 15°14'59"W , 27 83 feet; thence S 78°0213"W , 58 50 feet; thence N.24°55'469W , 22 06 feet; thence N 7802'13"E , 107 40 feet; thence S 08°46'14"E , 26 82 feet; thence N 78°02'1 3"E , Regular Meeting Minutes of March 12, 2008 36651 214 00 feet; thence N 11°57147"W , 20 00 feet; thence N 78°02'13"E , 212 00 feet to the point of beginning the Council does hereby, for and in behalf of the City of Livonia, accept the aforesaid grant of easement and the City Clerk is hereby requested to have the same recorded in the Office of the Register of Deeds and to do all other things necessary or incidental to fulfill the purpose of this resolution On a motion by Knapp, seconded by Meakin, and unanimously adopted, it was #103-08 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 Jean Hishmeh, Child Watch, Livonia Family YMCA, was present at the meeting to address Council regarding a request to display signs advertising a Mom to Mom Sale to be held on March 30, 2008, a the Livonia YMCA. On a motion by Meakin, seconded by Laura, and unanimously adopted, it was #104-08 RESOLVED, that having considered a letter from Jean Hishmeh, Child Watch, Livonia Family YMCA, dated February 28, 2008, which requests permission to display a banner on a van at the front of the YMCA, and 24" x 18" signs at various locations in the City announcing their annual Mom to Mom Sale to be held on Sunday, March 30, 2008, which signs shall be installed no earlier than Monday, March 24, 2008, and removed no later than Sunday, March 30, 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 Evelina Bryant, Member of the Northwest Detroit Coin Club, was present at the meeting to address Council regarding a request to display signs advertising the Spring Coin Show to be held at the Livonia Senior Center on Sunday, March 30, 2008 On a motion by Laura, seconded by Knapp, and unanimously adopted, it was Regular Meeting Minutes of March 12, 2008 36652 #105-08 RESOLVED, that having considered a letter from Evelina M Bryant, Member, Northwest Detroit Coin Club, dated February 26, 2008, which requests permission to display signs announcing their Spring Coin Show to be conducted at the Livonia Senior Center on Sunday, March 30, 2008, which signs will be displayed at various locations in the City, no earlier than Sunday, March 30, 2008, and removed no later than Sunday, March 30, 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 On a motion by Robinson, seconded by Meakin, it was #106-08 RESOLVED, that having considered a communication from the Department of Law, dated March 5, 2008, 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, Kendricks v City of Livonia A roll call vote was taken on the foregoing resolution with the following result: AYES Robinson, Knapp, Godfroid-Marecki, McCann, Laura, Meakin, and Toy NAYS None There was no Audience Communication at the end of the meeting Knapp congratulated his brother, Craig, and his wife, Jennifer, on celebrating their wedding anniversary this evening and wished them a "Happy Anniversary" On a motion by McCann, seconded by Laura, and unanimously adopted, this 'I,604th Regular Meeting of the Council of the City of Livonia was adjourned at 8 47 p m ji.e;idet /fizc Linda GrimsZ, C7it'y Cle-r0