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HomeMy WebLinkAboutCOUNCIL MINUTES 2005-09-28 39352 MINUTES OF THE ONE THOUSAND FIVE HUNDRED FORTY-FIFTH REGULAR MEETING OF SEPTEMBER 28, 2005 On September 28, 2005, 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, James McCann, Thomas Robinson, Brian Meakin, Frank J Kokenakes and Gerald Taylor Absent: Donald Knapp Elected and appointed officials present: Robert Schron, City Engineer; Mark Taormina, City Planner; Sean Kavanagh, City Attorney; Karen Tesner, Assistant City Clerk, Karen Szymula, Director of Legislative Affairs, Stan Dobis, Cable Commission and Fernon Feenstra, Chairman of the Livonia Veterans' Memorial and Wall of Honor Committee On a motion by Kokenakes, seconded by Godfroid-Marecki, and unanimously adopted, it was CR 477-05 RESOLVED, that the minutes of the 1,544th Regular Meeting of the Council held September 14, 2005 are hereby approved as submitted During the audience communication portion of the agenda, Councilmember Robinson reported that he attended a Detroit Water and Sewer meeting yesterday regarding Emergency Preparedness It was the first of four meetings and the primary topic of the meeting was communications Two disaster and recovery scenarios were presented, one in which communication was operative and one in which there was no operative communication He wants to let the public know that there are ongoing efforts being made to plan for emergencies in the County and the City He will forward an update of this meeting to the Council Councilmember Kokenakes recognized and acknowledged a Livonia citizen, Suzanne Daniels of the Livonia Historical Commission, who received an Achievement Award from the Wayne County Arts, Humanities and History Commission Regular Meeting of September 28, 2005 39353 On a motion by McCann, seconded by Meakin, it was CR 478-05 RESOLVED, that having considered a communication from the Mayor and the Chairman of the Livonia Veterans' Memorial and Wall of Honor Committee, dated September 6, 2005, requesting the approval of the proposed monument and memorial wall for the Memorial Plaza at Veterans' Park located at the northeast corner of Five Mile and Farmington Roads, the Council does hereby approve the design and location for the Monument and Memorial Wall as presented at the Study Meeting of September 19, 2005 CR 479-05 RESOLVED, that having considered an application from Ken Graczyk, 39138 Orangelawn, dated September 7, 2005, requesting permission to close Orangelawn between Bassett and Adams on Saturday, October 8, 2005, from 4 30 p m to 9 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, October 9, 2005, in the event of inclement weather, the action taken herein being made subject to the approval of the Police Department. CR 480-05 RESOLVED, that having considered a letter from Marjorie S Lynch, Coordinator, Special Events & Fundraising for the Schoolcraft College Foundation, dated September 1, 2005, wherein a request is submitted to place 22" x 14" signs advertising a fall craft show to be conducted on Saturday and Sunday, November 12 and 13, 2005, at Schoolcraft College, the purpose of which is to raise funds for student scholarships, which signs shall be installed no earlier than Monday, November 7, 2005, and removed no later than Monday, November 14, 2005 at various locations in the City, 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 CR 481-05 RESOLVED, that having considered a letter from Christine Stoll, Rummage Sale Advertising Chairperson, on behalf of St. Genevieve School, dated September 7, 2005, requesting permission to display signs announcing a rummage sale to be conducted on Friday and Saturday, October 14 and 15, 2005, which signs shall be displayed at various locations in the City no earlier than Sunday, October 9, 2005, and removed no later than 6 00 p m on Sunday, October 16, 2005, 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 CR 482-05 RESOLVED, that having considered the report and recommendation of the Director of the Housing Commission, dated September 6, 2005, approved for submission by the Mayor, wherein it is Regular Meeting of September 28, 2005 39354 indicated that the Housing Commission has recommended approval to increase the late fee to $25 00 for payment received after the 12th day of the month for rental payments for City-owned scattered site single family homes, effective January 1, 2006, the Council does hereby concur in and approve of the recommended action CR 483-05 RESOLVED, that having considered the report and recommendation of the Director of the Housing Commission, dated September 6, 2005, which bears the signature of the Director of Finance and is approved for submission by the Mayor, which sets forth Housing Commission resolution 16-05, wherein the Commission recommended the following rental increases to become effective January 1, 2006, with respect to City-owned scattered site single family properties as follows Current Proposed 2-Bedroom $350 $360 29149 Morlock 20121 Floral 27545 Long 3-Bedroom $435 $445 11910 Cardwell 12411 Arcola 31220 Hathaway 19941 Deering 9880 Harrison 11784 Arcola 33916 Five Mile 10033 Garden 35546 Orangelawn 12092 Arcola 20222 St. Francis 4-Bedroom $500 $510 20120 Deering The above rents exclude all utilities the Council does hereby concur in and approve of the recommended action CR 484-05 RESOLVED, that Enrico Rosati, Rosati Land Development, LLC, 18845 Gary Lane, Livonia, as proprietor, having requested the City Council to approve the proposed preliminary plat of the following subdivision Pastena Villa Subdivision to be located on the west side of Stark Road between Beacon Road and the CSX Railroad in the Southwest 1/4 of Section 28, City of Livonia, Wayne County, Michigan, the Regular Meeting of September 28, 2005 39355 said proposed preliminary plat being dated November 11, 2002, and it further appearing that tentative approval of such preliminary plat was given by the City Planning Commission, after due notice and a public hearing on March 11, 2003, and it further appearing that such preliminary plat, together with development plans and specifications for improvements therein have been examined and approved by the Engineering Division as is set forth in the report of that department dated August 26, 2005, therefore, the City Council does hereby approve of the said preliminary plat on the following conditions (1) All of the improvement, utilities and grading shall be constructed, installed and accomplished in conformity with the provisions of the ordinances of the City of Livonia, including the Subdivision Control Ordinance, being Title 16, Chapters 16 04 through 16 24 of the Livonia Code of Ordinances, as amended, the Subdivision Regulations of the Planning Commission, the regulations and specifications of the Engineering Division and the Development Plans submitted by the proprietor and approved by such department; all such improvements to be constructed, installed, accomplished and completed within a period of two (2) years from the effective date of this resolution, failing this, the approval contained herein shall be considered null, void and of no effect whatsoever; (2) That all inspection fees and other charges due to the City of Livonia shall be fully paid at the time and in the manner provided in the said Subdivision Control Ordinance, as amended, (3) That the installation of all such improvements shall be subject at all times to the supervision and inspection and final approval of the Engineering Division, and such improvements shall not be considered as having been satisfactorily and completely installed until there is filed with the City Council the certificate as provided in Section 16 24 370 of the said Subdivision Control Ordinance, as amended, (4) That the proprietor enter into an agreement with the City of Livonia agreeing to construct, within the prescribed period of time and in the prescribed manner, all improvements required to the extent required by the City of Livonia and as shown on the approved development plans, (5) That the final true record plat of the aforesaid subdivision shall be submitted and must receive the final approval of the City Planning Commission as evidence that such plat is in compliance with existing Subdivision Regulations, Regular Meeting of September 28, 2005 39356 (6) That the final true plat of the aforesaid subdivision shall be submitted and must receive the final approval of the City Council within two (2) years from the effective date of this resolution, the two City Council shall approve final plats of the aforesaid proposed subdivision if drawn in substantial conformity with the proposed plat as approved herein, and provided there has been compliance with all other requirements of State Statute, the Subdivision Control Act, the Subdivision Control Ordinance and this resolution, (7) That, for the purpose of obtaining approval of final plats prior to the completion of all required improvements the proprietor may file with the City of Livonia a corporate surety bond, certified check, cash bond, irrevocable letter of credit, or other financial assurance in such form as may be approved by the Department of Law guaranteeing the satisfactory installation of all such improvements, utilities and grading by the proprietor within the prescribed period, that in the event the proprietor elects to deposit such financial assurances the same shall be in the following amounts [a] General Improvement Bond $503,000 00, of which at least 10,000 00 shall be in cash [b] Sidewalk Bond 34,000 00, of which at least 5,000 00 shall be in cash [c] Grade & Soil Erosion Control 5,400 00 (cash) [d] Monuments & Lot Markers 900 00 (cash) and require cash payments in addition to the above amounts, in the total amount of$67,817 00 (8) That the distribution lines for telephones and electric service are to be placed underground and ornamental street lights are to be provided throughout the Subdivision in accordance with City ordinances CR 485-05 RESOLVED, that having considered the report and recommendation of the City Engineer, dated September 8, 2005, approved for submission by the Mayor, the council does hereby authorize the release to John Decina Development Company, 8995 Cardwell, Livonia, Michigan 48150, the proprietor of Donna Estates Subdivision, located on the south side of Seven Mile Road between Laurel Road and Gill Road in the northwest 1/4 of Section 9, of the financial assurances previously deposited pursuant to Council Resolution 825-90, adopted on September 12, 1990, and subsequently amended by Council Resolution 61-91, adopted on January 28, 1991, specifically. Regular Meeting of September 28, 2005 39357 a) General Improvement Bond $1,000 00 (all cash), b) Grading and Soil Erosion Control 2,000 00 (all cash), c) Monuments and Markers 180 00 (all cash) and the action herein being taken is for the reasons indicated in the aforementioned report of the City Engineer that all these improvements have been satisfactorily installed in accordance with the rules and regulations and ordinances of the City of Livonia CR 486-05 RESOLVED, that having considered the report and recommendation of the Chief of Police, dated August 23, 2005, which bears the signature of the Public Safety Director, the Finance Director and the City Attorney, and is approved for submission by the Mayor Pro Tern, the Council does herby authorize the renewal of the Agreement between the City of Livonia and the Isabella County Sheriff, 207 Court Street, Mt. Pleasant, Michigan 48858, for providing transportation and lodging of prisoners for a rate of $36 00 per diem for the period August 1, 2005 through July 31, 2006, with the City retaining the option to extend the Agreement on an annual basis through July 31, 2008, and the Mayor and City Clerk are hereby authorized, for and on behalf of the City of Livonia, to execute an Agreement with the aforesaid organization and to do all other things necessary or incidental to the full performance of this resolution, FURTHER, the Council does hereby take this action without competitive bidding for the reasons indicated in the aforesaid communication, and such action is taken in accordance with Section 3 04 140D2 and 4 of the Livonia Code of Ordinances, as amended CR 487-05 RESOLVED, that having considered a communication from the Director of Community Resources, dated September 6, 2005, which bears the signatures of the City Attorney and the Director of Finance, and is approved for submission by the Mayor, and to which is attached a proposed Agreement between the City of Livonia and the Wayne County Office of Senior Citizens Services for the distribution of U S D.A. TEFAP commodities products to low income residents through September 30, 2006, the Council does hereby authorize the Mayor and City Clerk, for and on behalf of the City of Livonia, to execute the said Agreement in the manner and form herein submitted, as well as 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 Godfroid-Marecki, McCann, Robinson, Meakin, Kokenakes and Taylor NAYS None Regular Meeting of September 28, 2005 35359 Councilmember Kokenakes took from the table, for second reading and adoption, the following Ordinance AN ORDINANCE AMENDING SECTION 230 OF TITLE 5, CHAPTER 84 (TAXICABS) OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED A roll call vote was taken on the foregoing Ordinance with the following result: AYES Godfroid-Marecki, McCann, Robinson, Meakin, Kokenakes and Taylor NAYS None The President declared the foregoing Ordinance duly adopted, and would become effective on publication During the audience communication portion of the agenda at the end of the meeting, Fernon Feenstra, Chairman of the Livonia Veterans' Memorial and Wall of Honor Committee, thanked Council President Taylor for bringing this subject matter to the attention of the public, thanked the Council and Mayor's staff for helping with the communications and meetings relative to this issue, and also thanked Suzanne Daniels hip for her research work. This committee now has 102 people on their list that they will recognize, and they plan on breaking ground before the snow flies Pictures of the proposed project will be able to be viewed on Channel 4 TV sometime in the future On a motion by Meakin, seconded by McCann, and unanimously adopted, this 1,545th Regular Meeting of the Council of the City of Livonia was adjourned at 8 10 p m , September 28, 2005 Val Vandersloot, City Clerk ("<,..1z