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HomeMy WebLinkAboutCOUNCIL MINUTES 2004-05-05 34609 MINUTES OF THE ONE THOUSAND FIVE HUNDRED TWELVTH REGULAR MEETING OF MAY 5, 2004 On May 5, 2004 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 delivered the invocation Roll was called with the following result: James McCann, Thomas Robinson, Donald Knapp, Brian Meakin, Frank J Kokenakes and Gerald Taylor Absent None Elected and appointed officials present: Robert Schron, City Engineer; Mark Taormina, City Planner; Sean Kavanagh, City Attorney; Val Vandersloot, City Clerk and Karen Szymula, Director of Legislative Affairs On a motion by Meakin, seconded by McCann, and unanimously adopted, it was CR 183-04 RESOLVED, that the minutes of the 1 ,511th Regular Meeting of the Council held April 21, 2004 are hereby approved as corrected by the following CR 163-04 RESOLVED, that having considered a letter from the Michigan Liquor Control Commission, dated January 23, 2004, and the report and recommendation of the Chief of Police, dated March 31, 2004, approved for submission by the Mayor, the Council does hereby approve of the request from George Subu, Sr Subu Enterprises, Inc. for transfer of ownership of a 2003 Class C Licensed Business with Official Permit (Food) from Mihailovich Enterprises, Inc , and a new Dance- Entertainment Permit for a business located at 20300 Farmington Road, Livonia, Michigan, Wayne County; and the City Clerk is hereby requested to forward a certified copy of this resolution to the Michigan Liquor Control Commission During the audience communication portion of the agenda, Councilmember McCann read a proclamation from the Offices of the Mayor and City 34610 Council wherein it is proclaimed that Saturday, May 8, 2004 is National Association of Letter Carriers Food Drive Day Maria Henderson from the Livonia Post Office, 11800 Merriman Road, spoke to the Council representing the Letter Carriers, and asked for the residents' support of their Food Drive on May 8, 2004 Councilmember Knapp announced that Boy Scout Troop 270 was present in the audience at tonight's Council meeting A communication from the Department of Law, dated April 13, 2004, re Jean F. Wynn, et al v City of Livonia, et al, Wayne County Circuit Court Case No 03- 331187AA (in connection with Petition 2003-02-01-09 submitted by William Roskelly to rezone property on the west side of Cranston Avenue between West Chicago Road and Orangelawn Avenue in the Northeast 1/4 of Section 34 from PL to R-1, as amended), was received and placed on file for the information of the Council A communication from the Department of Law, dated April 21, 2004, re Kowalski, et al v City of Livonia, Wayne County Circuit Court Case No 03-338095-CZ, was received and placed on file for the information of the Council A communication from the Department of Finance, dated April 20, 2004, re forwarding various financial statements of the City of Livonia for the month ending March 31, 2004, was received and placed on file for the information of the Council A communication from the Department of Law, dated May 4, 2004, re replying to a question posed at the Regular Meeting of April 21, 2004 relative to filling City Council vacancies by election, from George Boller, 36270 Hammer Lane, 48152, was received and placed on file for the information of the Council On a motion by Knapp, seconded by Meakin, it was CR 184-04 RESOLVED, that having considered an application from Kathleen A. Fitzgerald, 9917 Cranston, dated April 15, 2004, requesting 34611 permission to close Cranston between Elmira and Orangelawn on Monday, May 31, 2004, from 2 00 p m to 8 00 p m for the purpose of conducting a block party, the Council does hereby grant permission as requested, the action taken herein being made subject to the approval of the Police Department. CR 185-04 RESOLVED, that having considered an application from Lisa Cosnowski, 9840 Arden, dated April 16, 2004, requesting permission to close Arden between Orangelawn and West Chicago on Saturday, May 22, 2004, from 4 30 p m to 10 00 p m for the purpose of conducting a block party, the Council does hereby grant permission as requested, the action taken herein being made subject to the approval of the Police Department. CR 186-04 RESOLVED, that having considered a letter from Roz Blanck, T H E Friends of Literacy, dated April 19, 2004, which requests permission to place four signs at the corner of Six Mile and Newburgh Roads to advertise their annual used book and media sale at Laurel Park Place scheduled for Sunday, May 16, 2004 through Sunday, May 23, 2004, which signs shall be approximately 18"x 24" in size and shall be displayed no earlier than May 10, 2004, and removed no later than May 24, 2004, the Council does hereby grant and approve this request in the manner and form herein submitted CR 187-04 RESOLVED, that having considered a letter from Jill M Johnson, Cornerstone Family Worship Center Representative, dated April 19, 2004, which requests permission to place signs at various locations in the City to advertise their Family Fun Festival scheduled for Saturday, June 12, 2004 from 1 00 p m until 8 00 p m , which signs shall be approximately 18"x 24" in size, and shall be displayed no earlier than Sunday, June 6, 2004, and removed no later than Sunday, June 13, 2004, as well as one 84" x 72" sign at the festival location (to be placed on church property and not on the right-of-way), to be displayed beginning May 30, 2004, and removed no later than Sunday, June 13, 2004, the Council does hereby grant and approve this request in the manner and form herein submitted CR 188-04 RESOLVED, that having considered a communication from the Chairperson of the Livonia Arts Commission and the Director of Community Resources, dated April 8, 2004, approved for submission by the Mayor, which requests permission to display signs announcing the annual Arts and Crafts Festival at the Greenmead Historical Village to be held on Saturday, June 12 and Sunday, June 13, 2004, which signs are to be 18" x 24" in size and which will be displayed at all major intersections in the City from Sunday, June 6, 2004, through Monday, June 14, 2004, the 34612 Council does hereby grant and approve this request in the manner and form herein submitted CR 189-04 RESOLVED, that having considered the report and recommendation of the City Engineer, dated March 29, 2004, which bears the signature of the Director of Finance, is approved by the Director of Public Works and is approved for submission by the Mayor, regarding a proposed amendment to the Engineering Services Contract for Design and Construction Services between the City of Livonia and Orchard, Hiltz & McCliment, 34000 Plymouth Road, Livonia, Michigan 48150, (previously approved in Council Resolution 611-02 and amended by Council Resolutions 124-03 and 570-03) for additional work in connection with the 2004 Asphalt Pavement Rehabilitation/Reconstruction Paving Program, the Council does hereby approve Amendment No 4 to this contract for additional services in the amount of $135,170 00 ($33,970 00 for Design, $94,200 00 for Construction Engineering and $7,000 00 for Testing), FURTHER, the Council does hereby authorize an appropriation and expenditure in an amount not to exceed $81,870 00 from the Unexpended Fund Balance of the Road, Sidewalk and Tree Fund (Account No 204- 441-818-102) for this purpose, with the understanding that the City of Westland will reimburse the City of Livonia in the amount of$13,500 00 for 1,800 feet of additional paving on Ann Arbor Trail in the City of Westland, FURTHER, the Council does hereby authorize an appropriation and expenditure in the amount of $53,300 00 from the 2000 Water and Sewer Revenue Bond Issue for additional water main replacements, 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 Amendment No 4, 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 CR 190-04 RESOLVED, that having considered the report and recommendation of the City Engineer, dated April 15, 2004, which bears the signature of the Director of Finance, is approved by the Director of Public Works and is approved for submission by the Mayor, the Council does hereby accept the bid of Hayball Transport, Inc , 12550 Farmington Road, Livonia, Michigan 48150, for the 2004 Asphalt Pavement Rehabilitation/ Reconstruction Program (Contract 04-A) on various asphalt streets throughout the City of Livonia based on the Pavement Management Study, for the estimated total cost of $2,880,582 45, based on the Engineering Division's estimate of units of work involved and subject to the final payment based on the actual units of work as constructed 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 authorize an 34612 Council does hereby grant and approve this request in the manner and form herein submitted CR 189-04 RESOLVED, that having considered the report and recommendation of the City Engineer, dated March 29, 2004, which bears the signature of the Director of Finance, is approved by the Director of Public Works and is approved for submission by the Mayor, regarding a proposed amendment to the Engineering Services Contract for Design and Construction Services between the City of Livonia and Orchard, Hiltz & McCliment, 34935 Schoolcraft Road, Livonia, Michigan 48150, (previously approved in Council Resolution 611-02 and amended by Council Resolutions 124-03 and 570-03) for additional work in connection with the 2004 Asphalt Pavement Rehabilitation/Reconstruction Paving Program, the Council does hereby approve Amendment No 4 to this contract for additional services in the amount of $135,170 00 ($33,970 00 for Design, $94,200 00 for Construction Engineering and $7,000 00 for Testing), FURTHER, the Council does hereby authorize an appropriation and expenditure in an amount not to exceed $81,870 00 from the Unexpended Fund Balance of the Road, Sidewalk and Tree Fund (Account No 204-441-818-102) for this purpose, with the understanding that the City of Westland will reimburse the City of Livonia in the amount of $13,500 00 for 1,800 feet of additional paving on Ann Arbor Trail in the City of Westland, FURTHER, the Council does hereby authorize an appropriation and expenditure in the amount of $53,300 00 from the 2000 Water and Sewer Revenue Bond Issue for additional water main replacements, 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 Amendment No 4, 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 CR 190-04 RESOLVED, that having considered the report and recommendation of the City Engineer, dated April 15, 2004, which bears the signature of the Director of Finance, is approved by the Director of Public Works and is approved for submission by the Mayor, the Council does hereby accept the bid of Hayball Transport, Inc , 12550 Farmington Road, Livonia, Michigan 48150, for the 2004 Asphalt Pavement Rehabilitation/ Reconstruction Program (Contract 04-A) on various asphalt streets throughout the City of Livonia based on the Pavement Management Study, for the estimated total cost of $2,880,582 45, based on the Engineering Division's estimate of units of work involved and subject to the final payment based on the actual units of work as constructed 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 authorize an 34613 expenditure in an amount not to exceed $2,570,815 65 from funds already budgeted in the Road, Sidewalk and Tree Fund as follows Reconstruction Account No 204-463-818-110 $ 743,264 23 Rehabilitation Account No 204-463-818-112 1,728,731 45 Maintenance Account No 204-463-818-114 98,819 97 for this purpose, FURTHER, the Council does hereby appropriate and authorize an expenditure in the amount of $309,766 80 for the water main replacement portion of the project utilizing all remaining monies from the 2000 Bond Sale with the remainder coming from the Unexpended Fund Balance of the Water and Sewer Fund with reimbursement from a future bond sale, and the City Engineer is hereby authorized to approve any minor adjustments in the work as completed, 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 191-04 RESOLVED, that having considered the report and recommendation of the City Engineer, dated April 2, 2004, which bears the signature of the Director of Finance, is approved by the Director of Public Works and is approved for submission by the Mayor, the Council does hereby accept the bid of Major Cement Company, 15361 Dale, Detroit, Michigan 48223 for the 2004 Concrete Pavement Rehabilitation/ Reconstruction Program (Contract 04-C) on various concrete streets throughout the City of Livonia based on the Pavement Management Study, for the estimated total cost of $1,319,089 91, based on the Engineering Division's estimate of units of work involved and subject to the final payment based on the actual units of work as constructed 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 authorize an expenditure in an amount not to exceed $1,359,089 91 (including a contingency of $40,000 00 if it becomes necessary to remove additional scattered slabs to improve the project) from funds already budgeted in the Road, Sidewalk and Tree Fund as follows Reconstruction Account No 204-463-818-110 $178,360 00 Rehabilitation Account No 204-463-818-112 $694,346 37 Maintenance Account No 204-463-818-114 $486,383 54 for this purpose, and the City Engineer is hereby authorized to approve any minor adjustments in the work as completed, 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 34614 A roll call vote was taken on the foregoing resolutions with the following result: AYES McCann, Robinson, Knapp, Meakin, Kokenakes and Taylor NAYS None A communication from the Civil Service Department, dated February 20, 2004, re the Membership Status of 16th District Court Employees in the Livonia Employees Retirement System (LERS) Defined Contribution Plan, was received and placed on file for the information of the Council A communication from the 16th District Court, dated March 2, 2004, forwarding information booklets provided by MERS re Defined Benefit Overview, was received and placed on file for the information of the Council A communication from the 16th District Court, dated March 29, 2004, re the Municipal Employees' Retirement System of Michigan (MERS) Contribution Rate Calculation, was received and placed on file for the information of the Council A communication from Attorney Anthony A. Asher of Sullivan, Ward, Asher & Patton, P C , dated April 14, 2004, re the representation of the 16th District Judicial Court relative to their participation in the MERS Defined Benefit Pension Plan, was received and placed on file for the information of the Council A communication from Linda Pittman, Marketing Manager, Municipal Employees' Retirement System of Michigan, to Joseph Mysliwiec, 16th District Court, dated August 21, 2003, re the Initial Actuarial Valuation for the City of Livonia, was received and placed on file for the information of the Council Councilmember McCann left the podium at 8 10 p m due to a potential conflict of interest. 34615 On a motion by Knapp, seconded by Kokenakes, and unanimously adopted, it was CR 192-04 RESOLVED, that having considered the report and recommendation of the Committee of the Whole, dated April 14, 2004, submitted pursuant to Council Resolution 53-04, in connection with the communication from the District Judges, Court Administrator and Employee Representatives of the 16th District Court, dated January 12, 2004, requesting the adoption of a resolution approving the Court's participation in the Michigan Employee Retirement System (MERS) Defined Benefit Pension Plan and the voluntary transfer of current full-time employees' account balances from the City of Livonia Defined Contribution Plan for those who wish to participate in the MERS Defined Benefit Pension Plan, the Council does hereby refer the subject of the cost to the City if the 16th District Court exercised its option to participate in the MERS Defined Benefit Pension Plan to the Finance Department and Civil Service Department. Councilmember McCann returned to the podium at 8 12 p m A communication from the Department of Public Works, Engineering Division, dated December 16, 2003, re their investigation of any drainage problems relative to a proposed lot split at 16710 Harrison by Kim Kostich of Anchor Homes on behalf of Thomas Moore, into two parcels, was received and placed on file for the information of the Council A petition with 28 signatures, received on May 3, 2004, opposing a proposed lot split at 16710 Harrison by Kim Kostich of Anchor Homes on behalf of Thomas Moore, into two parcels, was received and placed on file for the information of the Council A communication from Dr and Mrs Mark Hannis, dated April 10, 2004, re their opposition to a proposed lot split at 16710 Harrison by Kim Kostich of Anchor Homes on behalf of Thomas Moore, into two parcels, was received and placed on file for the information of the Council 34616 A communication from the Engineering Division, dated April 26, 2004, re drainage issues and the presence of an underground river (aquifer) in the vicinity of 16710 Harrison, relative to a proposed lot split there by Kim Kostich of Anchor Homes on behalf of Thomas Moore, into two parcels, was received and placed on file for the information of the Council A communication from Terry A. Godfroid-Marecki, dated April 29, 2004, re her resignation from the Livonia Board of Education, effective Wednesday, May 5, 2004, due to the fact that she will be appointed to a seat on the Livonia City Council, was received and placed on file for the information of the Council A communication from George Boller, 36270 Hammer Lane, Livonia, 48152, re his support for holding a special election to fill the current Council vacancy, was received and placed on file for the information of the Council On a motion by Meakin, seconded by Robinson, and unanimously adopted, it was CR 193-04 RESOLVED, that having considered the report and recommendation of the Committee of the Whole, dated April 27, 2004, Terry Godfroid-Marecki is hereby appointed to the Office of Councilmember of the Livonia City Council to fill the unexpired term of Linda Dolan, which term expires December 31, 2005 Councilmember Meakin gave first reading to the following Ordinance AN ORDINANCE AMENDING SECTION 10 02 OF ARTICLE X OF ORDINANCE NO 543, AS AMENDED, KNOWN AND CITED AS "THE CITY OF LIVONIA ZONING ORDINANCE" (Petition 2003-11-06-07) 34617 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 the next regular meeting Councilmember Knapp took from the table, for second reading and adoption, the following Ordinance AN ORDINANCE VACATING THE USE OF PORTIONS OF STREET, ALLEY AND PUBLIC GROUND (Petition 2004-01-03-01) A roll call vote was taken on the foregoing Ordinance with the following result: AYES McCann, Robinson, Knapp, Meakin, Kokenakes and Taylor NAYS None The President declared the foregoing Ordinance duly adopted, and would become effective on publication A communication from the Law Department, dated May 3, 2004, re circumstances when lot split petitions resulting in undersized lots can be heard by City Council, relative to a proposed Ordinance amendment regarding lot partitions, was received and placed on file for the information of the Council Councilmember Kokenakes took from the table, for second reading and adoption, the following Ordinance AN ORDINANCE AMENDING TITLE 16, CHAPTER 32 (LOT PARTITION) OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED A roll call vote was taken on the foregoing Ordinance with the following result: AYES McCann, Robinson, Knapp, Meakin, Kokenakes and Taylor NAYS None 34618 The President declared the foregoing Ordinance duly adopted, and would become effective on publication A communication from the Office of the Treasurer, dated May 4, 2004, re 6 additional sidewalk applications for the 2003 Sidewalk Program, was received and placed on file for the information of the Council On a motion by Knapp, seconded by Meakin, and unanimously adopted, it was CR 194-04 RESOLVED, that having considered a communication from the City Treasurer dated April 19, 2004, regarding the replacement of sidewalks in connection with the 2003 Sidewalk Program, Contract 03-B, single lot assessments in the City of Livonia on the following parcels in the following amounts Parcels of property and assessment, as outlined in the Engineering Division's letter dated January 28, 2004, is included herein by reference, which work was done pursuant to Council Resolution 154-03 in accordance with the provisions of Section 12 04 340 of the Livonia Code of Ordinances, Title 12, Chapter 4 and the City Treasurer having thereafter sent a statement of charges by first class mail to the owners of property to be assessed wherein notice of the meeting by the City Council on this date was given and at least 30 days having expired since the giving of such notice with such charges remaining unpaid, the Council does hereby pursuant to the provisions of Section 3 08 150 of the Livonia Code of Ordinances, Title 3, Chapter 8, adopt this resolution wherein a special assessment is placed upon such property for said charges, FURTHER, the Council does hereby authorize installment payments in the number of three (3) installments at 6% interest where assessments exceed $400 and the property owner has requested such installments, FURTHER, the Council does hereby request that the City Treasurer shall give notice of the amounts herein determined to the persons chargeable therewith, such notice to be sent by first class mail to the last known address of such persons as shown on the most current assessment roll of the City, and where payments herein authorized are not made within the specified time this fact shall be reported by the City Treasurer to the City Assessor who shall charge such amount together with a penalty of 10% of such amounts against the persons or real property chargeable therewith on the next general tax roll, and the City Clerk and City Treasurer are 34619 hereby requested to do all things necessary or incidental to the full performance of this resolution On a motion by Knapp, seconded by Robinson, and unanimously adopted, it was CR 195-04 WHEREAS, pursuant to Act No 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 and comprised of an area of approximately 1 70 acres, 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 95", and WHEREAS, written notice has been given by certified mail to Sam Shamie, Managing Member of N & J Development Co , LLC, a Michigan Limited Liability Co , on behalf of Infineon Technologies North America Corp 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 95, 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 95, and WHEREAS, on April 19, 2004, a public hearing was held on the establishment of proposed City of Livonia Industrial Development District No 95, at which time Sam Shamie, Managing Member of N & J Development Co , LLC, a Michigan Limited Liability Co , on behalf of Infineon Technologies North America Corp , 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 on behalf of Infineon Technologies North America Corp 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 1 An Industrial Development District is hereby established, such district to consist of the area described in Exhibit A, attached hereto 34620 2 Such Industrial Development District is hereby designated as the "City of Livonia Industrial Development District No 95 " EXHIBIT A A parcel of land being a part of the Southeast 1/4 of Section 6, Town 1 South, Range 9 East, City of Livonia, Wayne County, Michigan, described as. Commencing at the South '/4 corner of Section 6, thence along the said line of Section 6, North 88 degrees 03 minutes 03 seconds East 791 00 feet and North 01 degrees 56 minutes 57 seconds West 100 feet to the point of beginning and proceeding thence along the East line of the I- 275 Expressway (limited access Right of Way) the following two courses. (1) North 46 degrees 56 minutes 57 seconds West 176 78 feet and (2) North 01 degrees 56 minutes 57 seconds West 127 14 feet; thence North 88 degrees 03 minutes 03 seconds East 325 25 feet to a point on the West line of Victor Parkway; thence along the said line South 01 degrees 41 minutes 48 seconds East 252 12 feet to a point on the North line of Seven Mile Road South 88 degrees 02 minutes 40 seconds West 199 13 feet to the point of beginning Sean Slusser, 46866 Sunnybrook, Novi, a representative of the petitioner, was present at the meeting to answer questions of the Council On a motion by McCann, seconded by Knapp, and unanimously adopted, it was CR 196-04 RESOLVED, that having considered a letter from Sara Grivas, Youth Director, Christ Our Savior Lutheran Church, received May 4, 2004, which requests permission to waive the noise ordinance in order to hold a youth outreach event scheduled for Saturday, May 22, 2004, from 1 00 p m —9 00 p m , which will include the participation of nine bands and a skate team, the Council does hereby grant and approve this request in the manner and form herein submitted Mark Hannis, 16797 Harrison, Livonia, 48154, asked Council for an explanation of Item #14, the Ordinance Amendment re Lot Partitions On a motion by McCann, seconded by Knapp, and unanimously adopted, it was 34621 CR 197-04 RESOLVED, that having considered a communication from Victor Ansara, Ansara Restaurant Group, Inc , the Council does hereby refer the question of a curb cut in front of the Red Robin Restaurant on Six Mile Road, which could ease the potential heavy traffic on 16995 South Laurel Park Drive into the adjacent neighborhood, to the Traffic Commission and the Traffic Improvement Association for their reports and recommendations Councilmember Knapp sent "Happy Mother's Day" wishes to his mother Councilmember Robinson sent "Happy Mother's Day" wishes to his mother Councilmember McCann sent "Happy Mother's Day" wishes to both his mother and his wife On a motion by Knapp, seconded by Meakin, and unanimously adopted, this 1,512th Regular Meeting of the Council of the City of Livonia was adjourned at 8 50 p m , May 5, 2004 Val Vandersloot, City Clerk