HomeMy WebLinkAboutCOUNCIL MINUTES 2006-04-26 35667
MINUTES OF THE ONE THOUSAND FIVE HUNDRED FIFTY-NINTH
REGULAR MEETING OF APRIL 26, 2006
On April 26, 2006, 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 Godfroid-Marecki delivered the invocation
Roll was called with the following result: Terry Godfroid-Marecki,
Thomas Robinson, Gerald Taylor, Donald Knapp and James McCann
Absent: Joe Laura and Brian Meakin, representing the City in another capacity
Elected and appointed officials present Robert Schron, City Engineer;
Mark Taormina, City Planner; Sean Kavanagh, City Attorney; Val Vandersloot, City
Clerk, Karen Szymula, Director of Legislative Affairs and Kevin Roney, Public Utility
Manager
On a motion by Robinson, seconded by Taylor, and unanimously
adopted, it was
CR 177-06 RESOLVED, that the minutes of the 1,558th Regular
Meeting of the Council held April 12, 2006 are hereby approved as
submitted
During the audience communication portion of the agenda, City Clerk
Val Vandersloot reminded residents that next Tuesday, May 2, is Election Day for
both Livonia Public Schools and Clarenceville Public Schools Polling sites are the
same as before If voters need to vote by absentee ballot, they need to contact the
City Clerk's Office to get an application
George Boller, 36270 Hammer Lane, Livonia, spoke to the Council
about making our automobiles more fuel efficient. He presented an article printed
from Yahoo News website entitled, "How to Ease the Pain at the Pump" He
suggested the City re-evaluate the need for "STOP" signs in Livonia, and consider
replacing some of them with "YIELD" signs, if appropriate, thus conserving fuel
Other suggestions mentioned were have the City license all lawn services
operating in Livonia and force compliance with immigration policies for their
workforces, if appropriate, and enforce compliance with the existing Noise
Ordinance
At the direction of the Chair, Item #9 (Petition 2006-03-08-05 from St.
Mary Mercy Hospital — Water Detention) and Item #15 (Petition 2004-10-08-19 from
Regular Meeting of April 26, 2006 35668
Apple Crest Dental) were removed from the agenda and will be placed on the
agenda for the Regular Council Meeting of May 10, 2006
On a motion by Knapp, seconded by Godfroid-Marecki, it was
CR 178-06 RESOLVED, that having considered an application from
Amy Fogle, 9870 Henry Ruff, dated April 7, 2006, requesting
permission to close Henry Ruff between Robert Drive and Orangelawn
on Saturday, June 3, 2006, from 12 00 noon 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, June 10, 2006, in the event of inclement
weather, the action taken herein being made subject to the approval of
the Police Department.
CR 179-06 RESOLVED, that having considered an application from
Andrea Kolhoff, 9903 Flamingo, representing Devon-Aire Civic
Association, dated April 10, 2006, requesting permission to close
Sunset, from Richland north to Robert Drive, and Robert Drive,
between Sunset and Hillcrest, on Saturday, August 19, 2006, 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 Sunday, August 20, 2006, in
the event of inclement weather, the action taken herein being made
subject to the approval of the Police Department
CR 180-06 RESOLVED, that having considered a letter from Michael
Soave, Soave Homes, 33611 Plymouth Road, dated April 4, 2006,
requesting a waiver of the sidewalk requirement in front of new homes
being constructed at 15435 Woodring and 33087 Rayburn in the
Southwest 1/4 of Section 15, and having further considered the reports
and recommendations of the City Engineer, both dated April 10, 2006,
approved for submission by the Mayor, the Council does hereby
approve this request inasmuch as omitting the sidewalk on the subject
properties would have no detrimental effect upon the neighboring
properties at this time due to the widely scattered public sidewalks
existing within the neighboring area, FURTHER, the Council does
hereby reserve the right to require sidewalks at this location in the
event that additional sidewalks are installed in this area at some future
date
CR 181-06 RESOLVED, that having considered a communication
from the Chairman of the Water and Sewer Board, dated April 4, 2006,
which bears the signature of the Director of Finance and is approved
for submission by the Mayor, and which transmits Water and Sewer
Board resolution WS 3655 04/06, the Council does hereby accept the
rinarrue aria is approveu suUrnission oy me iviayor, w wnicn is
attached a summary outlining the final allocation of costs in connection
Regular Meeting of April 26, 2006 35670
with the 2005 Sidewalk Program pursuant to Council Resolution 229-
05 and 105-05, the Council does hereby determine as follows
1 To establish the final project cost at $393,465 81 of which a total
of $65,568 18 is to be charged to the Single Lot Assessments
and $283,907 45 is to be charged to Account No 204-441-818-
104 (Road, Sidewalk and Tree Fund),
2 To authorize an additional appropriation and expenditure in the
amount of $83,907 45 from Account No 204-441-818-104
(Road, Sidewalk and Tree Fund) to cover additional slab
replacements related to repairs of sidewalks heaved by tree
roots,
3 To authorize an additional appropriation and expenditure in the
amount of $11,657 38 from the Michigan Transportation Fund
(Local Road Account) for work adjacent to Civic Center and
Shadyside Drives,
4 To authorize an expenditure in the amount of $954 24 from
funds already budgeted in Account No 208-755-971-000 for
repairs at the Recreation Center;
5 To authorize an expenditure in the amount of $4,369 40 from
funds already budgeted in Account No 271-738-931-020 for
repairs at the Civic Center Library;
6 To authorize invoicing the Livonia Housing Commission in the
final amount of$8,509 16 for repairs at Silver Village, and
7 To authorize final payment in the amount of $5,000 00 to Gaglio
P & R Cement, 13320 Mortenview, Taylor, Michigan 48180 for
work related to the 2005 Sidewalk Program (Contract 05-G)
upon final release by the Engineering Division
CR 184-06 RESOLVED, that having considered the report and
recommendation of the Director of Public Works and the City Engineer,
dated March 22, 2006, 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 Joe Rotondo Construction
Corporation, 20771 Randall, Farmington Hills, Michigan 48336, for
completing all work required in connection with the 2006 Sidewalk
Replacement Program - Contract 06-G, at the unit prices bid for a total
amount not to exceed $448,282 00, based upon the Engineering
Division's estimate of units involved, and subject to a final payment
based upon the actual units completed in accordance with the unit
Regular Meeting of April 26, 2006 35671
prices accepted herein, said estimated cost and unit prices having
been in fact the lowest bid received for this item, FURTHER, the
Council does hereby authorize an advance in the amount of
$132,580 35 (single lot assessment portion of the program) from the
General Obligation Road Improvement Bond Issue with the provision
that this bond issue be reimbursed from that portion of the project
which is to be financed by special assessment at such time as funds
are subsequently received from the payment of bills and assessments
by affected property owners, FURTHER, the Council does hereby
authorize an expenditure in the amount of $200,000 00 from funds
already budgeted for this purpose from Account No 204-441-818-104
(Road, Sidewalk and Tree Fund - Contractual Service Sidewalk) for
repair to sidewalks heaved by tree roots, FURTHER, the Council does
hereby appropriate and authorize an additional expenditure in the
amount of $115,701 65 from the Unexpended Fund Balance of the
Road, Sidewalk and Tree Fund to repair sidewalks heaved by tree
roots, 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
CR 185-06 RESOLVED, that having considered the report and
recommendation of the Director of Public Works and the City Engineer,
dated March 30, 2006, 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 Bidigare Contractors, Inc.,
7820 Chubb Road, Northville, Michigan 48168, for completing all work
required in connection with the 2006 Water Main Replacement Project
(Contract 06-J) for the estimated total cost of$649,662 47, based upon
the Engineering Division's estimate of units involved, and subject to a
final payment based upon the actual units completed in accordance
with the unit prices accepted herein, said estimated cost and unit
prices having been in fact the lowest bid received for this item,
FURTHER, the Council does hereby appropriate and authorize the
expenditure of a sum not to exceed $649,662 47 for this project
utilizing monies from the Water and Sewer Bond Issuance, and the
City Engineer is hereby authorized to approve minor adjustments in the
work as it becomes necessary; and the Mayor and City Clerk are
hereby authorized to execute a contract for and on behalf of the City of
Livonia with the aforesaid bidder and to do all other things necessary
or incidental to the full performance of this resolution
CR 186-06 RESOLVED, that having considered a communication
from the City Planning Commission, dated March 24, 2006, which
Regular Meeting of April 26, 2006 35672
transmits its resolution 03-33-2006 adopted on March 21, 2006, with
regard to Petition 2006-03-08-07 submitted by General Properties Co ,
LLC, on behalf of Sunset View Site Condominiums, requesting
approval of the Master Deed, bylaws and site plan in connection with a
proposal to construct a site condominium development (Sunset View
Site Condominiums) on property located at 30250 Morlock Street, on
the west side of Sunset Avenue between Eight Mile Road and Fargo
Avenue in the Northwest 1/4 of Section 2, pursuant to the provisions
set forth in Section 18 62 of Ordinance No 543, as amended, the
Council does hereby concur in the recommendation of the Planning
Commission and Petition 2006-03-08-07 is hereby approved and
granted, subject to the following conditions
1 That the Master Deed and bylaws comply with the requirements
of the Subdivision Control Ordinance, Title 16, Chapter 16 04-
16 40 of the Livonia Code of Ordinances, and Article XX,
Section 20 01-20 06 of Zoning Ordinance No 543,
2 In the event of a conflict between the provisions set forth in the
Master Deed and bylaws and the requirements set forth in the
City of Livonia Zoning Ordinance No 543, as amended, the
Zoning Ordinance requirements shall prevail and petitioner shall
comply with the Zoning Ordinance requirements,
3 That the petitioner shall include language in the Master Deed
and bylaws or a separate recordable instrument wherein the
condominium association shall reimburse the City of Livonia for
any maintenance or repair costs incurred for the storm water
detention/retention and outlet facilities, and giving the City of
Livonia the right to impose liens on each lot owner's property
prorata and place said charges on their real estate tax bills in
the event said charges are not paid by the condominium
association (or each lot owner) within thirty (30) days of billing
for the City of Livonia,
4 That the Site Plan marked Sheet 1 dated July 20, 2000, as
revised, prepared by Warner, Cantrell & Padmos, is hereby
approved and shall be adhered to, except for the fact that all ten
lots of the development shall meet the minimum lot size
requirements and conform to all required setbacks, including the
minimum lot width requirement at the required front yard
setback,
5 That streetlights and sidewalks shall be installed throughout the
development to the satisfaction of the Engineering Division,
Regular Meeting of April 26, 2006 35673
6 That the Site Plan referenced in this approving resolution shall
be submitted to the Inspection Department at the time the
building permits are applied for;
7 That the petitioner shall secure the necessary storm water
management permits from Wayne County, the City of Livonia,
and/or the State of Michigan,
8 That the portion of six (6) foot high chain link fencing, as
described in the Inspection Department's correspondence dated
March 15, 2006, shall be removed,
9 That the petitioner shall correct to the Fire Department's
satisfaction the item outlined in the correspondence dated
March 14, 2006,
10 That the petitioner shall correct to the Engineering Division's
satisfaction the items outlined in the correspondence dated
March 16, 2006, and
11 That all required cash deposits, certified checks, irrevocable
bank letters of credit and/or surety bonds which shall be
Limp established by the City Engineer pursuant to Article XVIII of
Zoning Ordinance No 543, Section 18 66 of the ordinance, shall
be deposited with the City prior to the issuance of engineering
permits for this site condominium development.
FURTHER, the Council does hereby waive the Open Space
Requirement of the Subdivision Rules and Regulations in connection
with this site condominium development.
A roll call vote was taken on the foregoing resolutions with the following result.
AYES Godfroid-Marecki, Robinson, Taylor, Knapp and McCann
NAYS None
An aerial view of a portion of Haldane Street from the Planning
Department, dated April 26, 2006, re sidewalk requirement waiver from Angelo
Mauti at 33340 and 33350 Haldane, was received and placed on file for the
information of the Council
Regular Meeting of April 26, 2006 35674
On a motion by Robinson, seconded by Taylor, and unanimously
adopted, it was
CR 187-06 RESOLVED, that having considered a letter from Angelo
Mauti, 17017 Doris Street, dated April 6, 2006, requesting a waiver of the
sidewalk requirement in front of new homes being constructed at 33340
Haldane and 33350 Haldane, located north of Seven Mile and east of
Farmington Roads in the Southwest 1/4 of Section 3, and having further
considered the report and recommendation of the City Engineer, dated April
11, 2006, approved for submission by the Mayor, the Council does hereby
approve this request, inasmuch as omitting the sidewalk on the subject
properties would have no detrimental effect upon the neighboring properties
at this time due to the widely scattered public sidewalks existing within the
neighboring area, FURTHER, the Council does hereby reserve the right to
require sidewalks at this location in the event that additional sidewalks are
installed in this area at some future date
Two aerial views of a portion of Garden Street, as well as a listing of existing
lot sizes in this area, presented by Dean Kallis at the meeting of April26, 2006, re his
request for a lot split at 14950 Garden, were received and placed on file for the information
of the Council
An aerial view of a portion of Garden Street from the Planning Department,
dated April 21, 2006, re a request for a lot split at 14950 Garden, was received and placed
on file for the information of the Council
On a motion by Knapp, seconded by Taylor, it was
RESOLVED, that having considered a communication from
the City Assessor, dated April 4, 2006, approved for submission by the
Mayor, with regard to a request from Dean Kallis, 14950 Garden, Livonia,
Michigan 48154, 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-
094-02-0034-000 into two parcels, the legal descriptions of which shall read
as follows
PARCEL A
Lot 34 of B E Taylor's Greenmoor Subdivision as recorded in Liber 70 on
Page 26, Wayne County Records
PARCEL B
Lot 35 of B E Taylor's Greenmoor Subdivision as recorded in Liber 70 on
Page 26, Wayne County Records
Regular Meeting of April 26, 2006 35675
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 and area
requirements set forth in Zoning Ordinance No 543, as amended, with
respect to this property division, 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
A roll call vote was taken on the foregoing resolution with the following result.
AYES Knapp
NAYS Godfroid-Marecki, Robinson, Taylor and McCann
The President declared the resolution failed for lack of support.
On a motion by Robinson, seconded by Taylor, it was
CR 188-06 RESOLVED, that having considered a communication
from the City Assessor, dated April 4, 2006, approved for submission
by the Mayor, with regard to a request from Dean Kallis, 14950
Garden, Livonia, Michigan 48154, and in accordance with the
provisions of 1967 PA 288, as amended, as well as Section 18 46 of
Ordinance 543, as amended, the Council does hereby determine to
deny the request for dividing Tax Item No 46-094-02-0034-000 into
two (2) parcels since the same would be in violation of the City's
zoning ordinance and law, as well as for the reason that the proposed
lot split would not be consistent with good planning and zoning
practice
A roll call vote was taken on the foregoing resolution with the following result.
AYES Godfroid-Marecki, Robinson and Taylor
NAYS Knapp and McCann
The President declared the resolution adopted
A communication from the Public Service Division, dated April 20,
2006, re the feasibility of leasing a combination Sewer Cleaner and Vacuum
Regular Meeting of April 26, 2006 35676
Manhole Cleaner, as it relates to the award of bid for this same piece of equipment,
was received and placed on file for the information of the Council
A communication from Douglas Day, 14364 Gary Lane, Livonia, dated
April 25, 2006, re his opposition to purchasing a new combination Sewer Cleaner
and Vacuum Manhole Cleaner at this time, was received and placed on file for the
information of the Council
On a motion by Taylor, seconded by Robinson, and unanimously
adopted, it was
CR 189-06 RESOLVED, that having considered a communication
from the Water and Sewer Board, dated April 4, 2006, which bears the
signature of the Finance Director and is approved for submission by
the Mayor, which transmits its resolution WS 3656 04/06, wherein the
Board concurs in the recommendation made by the Public Utility
Manager in a letter dated March 27, 2006, attached thereto, the
Council does hereby accept the bid of Jack Doheny Supplies, Inc., 777
Doheny Court, P 0 Box 609, Northville, Michigan 48167, for
supplying the Public Service Division (Water and Sewer Section) with
one (1) 2006 Combination Sewer Cleaner and Vacuum Manhole
Cleaner mounted on a heavy-duty truck chassis for a net price of
$185,000 00, based on a total price of $305,000 00 less trade-in of
$120,000 00, the same having been in fact the lowest and only bid
received and meets all specifications, FURTHER, the Council does
hereby authorize an expenditure in the amount of $185,000 00 from
funds already budgeted for this purpose in Account No 592-559-142-
000 (Water and Sewer Section Capital Outlay)
On a motion by Godfroid-Marecki, seconded by Taylor, and
unanimously adopted, it was,
CR 190-06 WHEREAS, in 1872, J Sterling Morton proposed to the
Nebraska Board of Agriculture that a special day be set aside for the
planting of trees, and
WHEREAS, this holiday, called Arbor Day, was first observed with the
planting of more than a million trees in Nebraska, and Arbor Day is
now observed throughout the nation and the world, and
Regular Meeting of April 26, 2006 35677
WHEREAS, trees reduce the erosion of our precious topsoil by wind
and water, cut heating and cooling costs, moderate the temperature,
clean the air, produce oxygen and provide habitat for wildlife, and
WHEREAS, trees are a renewable resource giving up paper, wood for
our homes, fuel for our fires, and countless other wood products, and
WHEREAS, trees in our City increase property values, enhance the
economic vitality of business areas, and beautify our community; and
WHEREAS, trees, wherever they are planted, are a source of joy and
spiritual renewal, and
WHEREAS, Livonia has been recognized as a Tree City USA by The
National Arbor Day Foundation for the last seven years and desires to
continue its tree-planting practices,
NOW, THEREFORE, BE IT RESOLVED, that the Mayor and members
of the City Council of the City of Livonia hereby proclaim Friday, April
28, 2006, as Arbor Day in the City of Livonia, and urge all citizens to
celebrate Arbor Day and to support efforts to protect our trees and
woodlands, and
FURTHER, we urge all citizens to plant trees to promote the well being
of this and future generations, and we invite citizens to join in the
commemoration of Arbor Day planned by the Tree City Committee at
Fairway Park adjacent to Hoover Elementary School at 2 30 p m on
Friday, April 28, 2006
BE IT FURTHER RESOLVED, that copies of this resolution be sent to
Governor Jennifer Granholm, State Senator Laura M Toy, State
Representative John Pastor, State Representative Andy Dillon, the
Michigan Municipal League State and Federal Affairs Division, the
Conference of Western Wayne and the Plymouth Road Development
Authority
A communication from the Law Department, dated April 25, 2006, re
a tax history for 15150 Levan Road, was received and placed on file for the
information of the Council
A fax communication from Steven Schneemann, Architect, dated April
26, 2006, re the removal from the Council Meeting of April 26, 2006 the subject
Regular Meeting of April 26, 2006 35679
On a motion by Godfroid-Marecki, seconded by Knapp, and
unanimously adopted, it was
CR 193-06 RESOLVED, that having considered a communication
from the Police Chief, dated April 11, 2006, which bears the signatures
of the Director of Finance and the Director of Public Safety, and is
approved for submission by the Mayor, the Council does, for and on
behalf of the City of Livonia, accept a grant award in the amount of
$1,000 00 from the Wal-Mart Foundation, 702 S W 8th Street,
Bentonville, Arkansas 72716, the same to be appropriated and
credited to Account No 702---285-213 (General Donations) to be used
to purchase supplemental supplies for the Police Honor Guard unit.
On a motion by Knapp, seconded by Robinson, and unanimously
adopted, this 1 Regular Meeting of the Council of the City of Livonia was
adjourned at 8 25 p m , April 26, 2006
Val Vandersloot, City Clerk