HomeMy WebLinkAboutCOUNCIL MINUTES 2008-12-17 36991
MINUTES OF THE ONE THOUSAND SIX HUNDRED TWENTY THIRD
REGULAR MEETING OF DECEMBER 17, 2008
On December 17, 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 Knapp led the meeting with the
invocation
Roll was called with the following result Don Knapp, Terry Godfroid-
Marecki, James McCann, Joe Laura, Brian Meakin, Thomas Robinson, and Laura
Toy Absent. None
Elected and appointed officials present: Sean Kavanagh, City Attorney;
Todd Zilincik, City Engineer; Karen Tesner, Director of Legislative Affairs, Mark
Taormina, City Planner; Michael Slater, Director of Finance, James Inglis, Director of
Housing Commission, Maureen Cosgrove, Assistant City Clerk, and Mayor Jack
Kirksey
On a motion by Robinson, seconded by Knapp, and unanimously
adopted, it was
#550-08 RESOLVED that the Minutes of the .1,622nd Regular
Meeting of the Council held December 3, 2008 are hereby approved as
submitted
Godfroid-Marecki wished President Toy a Happy Birthday and
indicated President Toy would celebrate her birthday on December 22nd' Godfroid-
Marecki also wished her grandson, Vincent, a Happy Birthday and indicated Vincent
would turn two years old on Saturday, December 20, 2008
Toy announced the annual Holiday Food Drive hosted by State
Representative elect John Walsh and current State Representative John Pastor
would take place at the Monaghan Knights of Columbus Hall on Farmington Road
on Thursday, December 18, 2008 Toy indicated the purpose of the event is to
Regular Meeting Minutes of December 17, 2008 36992
collect food donations for the Gleaners Food Bank and invited all residents to
participate
There was no Audience Communication at the beginning of the
meeting
On a motion by Laura, seconded by Robinson, it was
RESOLVED, that the Council does hereby Amend the Orders of the
Day to add a discussion regarding City vacancies
After much discussion, a motion was made by McCann, seconded by Knapp, to Call
the Question and end debate
A roll call vote was taken on the foregoing resolution with the following result.
AYES Laura and Robinson
NAYS Godfroid-Marecki, McCann, Meakin, Knapp, and Toy
The President declared the resolution failed due to lack of a majority vote
A communication from the Department of Finance, dated November
20, 2008, re forwarding various financial statements of the City of Livonia for the
month ending October 31, 2008, was received and placed on file for the information
of Council
On a motion by Meakin, seconded by Knapp, it was
#551-08 RESOLVED, that having considered a letter from Sharon
Dolmetsch, Raffle Chairperson, Michigan Wolves Hawks Youth Soccer
Club, dated December 1, 2008, the Council does hereby take this
means to indicate that Michigan Wolves Hawks Soccer Club is
recognized as a non-profit organization operating in the community,
and the action herein being taken for the purpose of affording Michigan
Wolves Hawks Soccer Club an opportunity to obtain a charitable
gaming license or registration from the State of Michigan in
accordance with provisions of State statute
A roll call vote was taken on the foregoing resolution with the following result:
AYES Knapp, Godfroid-Marecki, McCann, Laura, Meakin,
Robinson, and Toy
Regular Meeting Minutes of December 17, 2008 36993
NAYS None
A communication from the Department of Law, dated November 24,
2008, containing the Board of Ethics Ninth Annual Report, was received and placed
on file for the information of the Council
Meakin gave first reading to the following Ordinance
AN ORDINANCE AMENDING SECTION 070 OF TITLE 2, CHAPTER
200 (ETHICS) OF THE LIVONIA CODE OF ORDINANCES, AS
AMENDED
The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in the
Office of the City Clerk and is the same as if word for word repeated herein The
above Ordinance was placed on the table for consideration at an upcoming regular
meeting
Godfroid-Marecki gave first reading to the following Ordinance
AN ORDINANCE AMENDING SECTION 090 OF TITLE 10, CHAPTER
09 (TRAFFIC DIVISION) OF THE LIVONIA CODE OF ORDINANCES,
AS AMENDED
The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in the
Office of the City Clerk and is the same as if word for word repeated herein The
above Ordinance was placed on the table for consideration at an upcoming regular
meeting
On a motion by Godfroid-Marecki, seconded by Knapp, it was
#552-08 RESOLVED, that having considered the report and
recommendation of the Director of the Housing Commission, dated
November 20, 2008, which bears the signature of the Director of
Finance and is approved for submission by the Mayor, the Council
does hereby authorize the Livonia Housing Commission to acquire the
Federal Housing Administration-HUD foreclosed properties located at
19965 Inkster, 9994 E Clements Circle, and 29115 W Chicago, for
Regular Meeting Minutes of December 17, 2008 36994
the purchase price of $1 00 each, plus applicable closing costs,
FURTHER, that a sum not to exceed $1,500 00 per property is hereby
authorized to be expended from the Community Development Block
Grant (CDBG) funds Account No 231-800-818-683 for this purpose,
and the Director of the Housing Commission is hereby requested to do
all things necessary or incidental to the full performance of this
resolution
After much discussion, a motion was made by Meakin, seconded by Godfroid-
Marecki, to Call the Question and end debate
A roll call vote was taken on the foregoing resolution with the following result:
AYES Knapp, Godfroid-Marecki, McCann, and Meakin
NAYS Laura, Robinson, and Toy
The President declared the resolution adopted
On a motion by Knapp, seconded by Meakin, and unanimously
adopted, it was
#553-08 RESOLVED, that having considered a letter from the
Michigan Liquor Control Commission, dated April 18, 2008, and the
report and recommendation of the Chief of Police, dated November 13,
2008, approved for submission by the Mayor, the Council does hereby
approve of the request from Arbor Drugs, Inc , for transfer of location of
a 2008 SDM license from 36630 Five Mile Road, Livonia, Michigan
48154, Wayne County to 37340 Five Mile Road, Livonia, Michigan
48154, Wayne County; and fcr a drive-up window (Step I) with the
understanding that no alcohol sales shall be permitted through the
drive up window; and the City Clerk is hereby requested to forward a
certified copy of this resolution to the Michigan Liquor Control
Commission
On a motion by Godfroid-Marecki, seconded by Meakin, and
unanimously adopted, it was
#554-08 RESOLVED, that having considered a letter from the
Michigan Liquor Control Commission, dated October 7, 2008, and the
report and recommendation of the Chief of Police, dated November 13,
2008, approved for submission by the Mayor, the Council does hereby
approve of the request from Woodward Detroit CVS, L L C , for
transfer of ownership of a 2008 SDM licensed business from Arbor
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Drugs, Inc (Step II) with the understanding that no alcohol sales shall
be permitted through the drive up window, for a business located at
37340 Five Mile 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
A communication from the Department of Law, dated December 15,
2008, re revised Brownfield Plan of the former Livonia Mall property between
Livonia Phoenix, LLC, the Livonia Brownfield Redevelopment Authority and the City
of Livonia, was received and placed on file for the information of the Council (CR
348-08 and CR 427-08)
A communication from the Department of Law, dated December 16,
2008, re revised Reimbursement Agreement and relevant payment schedules for
the Brownfield Plan of the former Livonia Mall property between Livonia Phoenix,
LLC, the Livonia Brownfield Redevelopment Authority and the City of Livonia, was
received and placed on file for the information of the Council (CR 348-08 and CR
427-08)
On a motion by Knapp, seconded by Godfroid-Marecki, it was
#555-08 RESOLVED, that having considered a communication
from the Brownfield Redevelopment Authority, dated December 9,
2008, approved for submission by the Mayor, and which transmits its
resolution 08-08, adopted on December 3, 2008, and having further
considered a communication from the Department of Law, dated
December 15, 2008, the Council does hereby approve the Brownfield
Plan for the former Livonia Mall property, together with Exhibits and
schedules thereto, in the manner and form herein submitted, subject to
approval as to form by the City's Law Department.
After much discussion, a motion was made by Godfroid-Marecki to Call the Question
and end debate
A roll call vote was taken on the foregoing resolution with the following result:
AYES Knapp, Godfroid-Marecki, McCann, Laura, Meakin,
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NAYS and Toy
Robinson
The President declared the resolution adopted
On a motion by Knapp, seconded by Godfroid-Marecki, it was
#556-08 RESOLVED, that having considered a communication
from the Brownfield Redevelopment Authority, dated December 9,
2008, approved for submission by the Mayor, and which transmits its
resolution 09-08, adopted on December 3, 2008, and having further
considered a communication from the Department of Law, dated
December 15, 2008, the Council does hereby approve the
Reimbursement Agreement between the City of Livonia, the Brownfield
Redevelopment Authority, and Livonia Phoenix, LLC providing for
reimbursement of eligible costs pursuant to the Brownfield Plan for the
former Livonia Mall property in the manner and form herein submitted,
and the Mayor and City Clerk are hereby authorized, for and on behalf
of the City of Livonia, to execute such Reimbursement Agreement,
subject to approval as to form by the City's Law Department, and with
a ninety (90) day period for the land owner to execute the Agreement.
A roll call vote was taken on the foregoing resolution with the following result.
AYES Knapp, Godfroid-Marecki, McCann, Laura, Meakin,
and Toy
NAYS Robinson
The President declared the resolution adopted
On a motion by Godfroid-Marecki, seconded by Meakin, it was
#557-08 RESOLVED, that having considered a request from
Livonia Phoenix, LLC, regarding inclusion in the Wayne County
TURBO Tax Program, and a public hearing having been held on
December 10, 2008, the Council does hereby take this means to
indicate its support and approval of the request of Livonia Phoenix,
LLC to obtain tax relief for their property located at 29504-29650
Seven Mile Road, Livonia, Michigan, under the Wayne County TURBO
(Transforming Underdeveloped Residential and Business
Opportunities) Development Program, provided that Livonia Phoenix,
LLC executes the Reimbursement Agreement with the City and the
City's Brownfield Redevelopment Authority prior to its participation in
the TURBO Program
Regular Meeting Minutes of December 17, 2008 36997
A roll call vote was taken on the foregoing resolution with the following result.
AYES Knapp, Godfroid-Marecki, McCann, Laura, Meakin,
and Toy
NAYS Robinson
The President declared the resolution adopted
Bryan L Amann, Attorney for Petitioner, Livonia Phoenix, LLC, 355 N
Canton Center Road, Canton, was present at the meeting to answer any questions
of Council regarding the Brownfield Plan, the Brownfield Reimbursement Agreement
and participation in the TURBO Tax Program for the proposed development of the
former Livonia Mall property (37640 Seven Mile Road)
Bill Eisenberg, Grand Sakwa Properties, was present at the meeting to
answer any questions of Council regarding the Brownfield Plan, the Brownfield
Reimbursement Agreement, and participation in the TURBO Tax Program for the
proposed development of the former Livonia Mall property (37640 Seven Mile
Road)
Yvonne Nemeth, 29191 Roycroft, Livonia, addressed Council to inquire
about the hours of operation for the proposed Wal-Mart that is scheduled to go in at
the Livonia Phoenix, LLC development of the former Livonia Mall property (37640
Seven Mile Road).
A communication from the Office of the Mayor, dated November 19,
2008, regarding leasing and renovations to City owned building located at 10800
Farmington Road, was received and placed on file for the information of the Council
An e-mail communication from Will Buyers, Sign Stuff, Inc , dated
December 3, 2008, regarding proposed signage for the Housing Administrative
Offices to be located at City owned building located at 10800 Farmington Road, was
received and placed on file for the information of the Council
On a motion by Godfroid-Marecki, seconded by Meakin, it was
#558-08 RESOLVED, that having considered a communication
from Councilmembers Terry A. Godfroid-Marecki, Brian Meakin and
James C McCann, dated December 5, 2008, the Council does hereby
Regular Meeting Minutes of December 17, 2008 36998
discharge the Committee of the Whole from further consideration of
Council Resolution 432-08 relating to the interior and exterior
renovation of the City owned building located at 10800 Farmington
Road, and does hereby direct that this matter be taken up for
consideration by the Council at this time
A roll call vote was taken on the foregoing resolution with the following result.
AYES Knapp, Godfroid-Marecki, McCann, and Meakin
NAYS Laura, Robinson, and Toy
The President declared the resolution adopted
On a motion by Godfroid-Marecki, seconded by Meakin, it was
#559-08 RESOLVED, that having considered the report and
recommendation of the Director of the Housing Commission, dated
August 25, 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 Qualified Construction Inc , 4706 Product Drive, Suite
5, Wixom, Michigan 48393, for completing all work required in
connection with the interior and exterior renovation of the City owned
building located at 10800 Farmington Road, to be used for the
Administrative offices for the Community Development Block Grant
(CDBG) and Housing Choice Voucher Programs, for the sum of
$145,885 00, the same having been in fact the lowest bid received and
meets all specifications, FURTHER, the Council does hereby
appropriate and authorize an expenditure in an amount not to exceed
$17,640 00 from the Unexpended Fund Balance of the Capital Projects
Fund (401) for the City's portion of the total cost; FURTHER, the
Council does hereby authorize an expenditure in an amount not to
exceed $128,245 00 from the Unexpended Fund Balance of the
Housing Commission CDBG, Housing Choice Voucher and New
Construction Fund for this purpose, and the Director of the Housing
Commission is hereby authorized to approve minor adjustments in the
work as it becomes necessary, and the Director of the Housing
Commission is hereby authorized to execute a contract for and on
behalf of the City of Livonia with the aforesaid bidder and to do all
other things necessary or incidental to the full performance of this
resolution
After much discussion, a motion was made by Godfroid-Marecki to Call the Question
and end debate
A roll call vote was taken on the foregoing resolution with the following result:
Regular Meeting Minutes of December 17, 2008 36999
AYES Knapp, Godfroid-Marecki, McCann, and Meakin
f
NAYS Laura, Robinson, and Toy
The President declared the resolution adopted
Yvonne Nemeth, 29191 Roycroft, Livonia, addressed Council to inquire
about the purpose and intent of recent Robocalls sponsored by Councilman
Robinson in opposition to Administrative offices of the Community Development
Block Grant (CDBG) and Housing Choice Voucher Programs of the Livonia Housing
Commission being relocated to the City owned building located at 10800 Farmington
Road (CR 432-08)
Josie Smith, 33648 Lyndon, Livonia, addressed Council to express her
support of Administrative offices of the Community Development Block Grant
(CDBG) and Housing Choice Voucher Programs of the Livonia Housing Commission
being relocated to the City owned building located at 10800 Farmington Road (CR
432-08)
On a motion by Knapp, seconded by McCann, and unanimously
adopted, it was
#560-08 RESOLVED, that having considered a communication
from the Director of Community Resources, dated December 4, 2008,
which bears the signature of the Director of Finance and is approved
for submission by the Mayor, the Council does, for and on behalf of the
City of Livonia, accept various cash donations in the total amount of
$42,404 25 from the sources indicated therein, FURTHER, the Council
does hereby appropriate and credit the amount of $39,404 25 to
Account No 723-000-690-010 (Historical Commission Trust) and
$3,000 00 to Account No 702-285-219 (Emergency Service Programs)
for the purposes designated by the donors
During Audience Communication, Dianne Marietti, 15044 Fairway,
Livonia, addressed Council to inquire about extending the length of time Council
meetings are archived on the City's website
Mayor Kirksey thanked Sean Kavanagh, City Attorney, for his 17 years
of public service and indicated Mr Kavanagh has served as a Council member,
Magistrate and as the City Attorney Mayor Kirksey, Councilman Knapp and
Councilman McCann all wished Mr Kavanagh well in his new position as District
Judge
Regular Meeting Minutes of December 17, 2008 37000
Laura complimented and thanked President Toy for doing a great job
and running a well meeting
Robinson wished everyone a Merry Christmas
President Toy congratulated Sean Kavanagh on his new position as
District Judge and wished everyone a Merry Christmas
On a motion by McCann, seconded by Robinson, and unanimously
adopted, this 1623rd Regular Meeting of the Council of the City of Livonia was
adjourned at 9 54 p m
Linda Grimsby,Grimsby, City Clerk