HomeMy WebLinkAboutCOUNCIL MINUTES 2008-04-30 36696
MINUTES OF THE ONE THOUSAND SIX HUNDRED SEVENTH
REGULAR MEETING OF APRIL 30, 2008
On April 30, 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 McCann led the meeting with the invocation
Roll was called with the following result: James McCann, Joe Laura,
Brian Meakin, Thomas Robinson, Don Knapp, Terry Godfroid-Marecki, 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, Mark Taormina, City Planner; Linda Grimsby, City Clerk, and
Mayor Jack Kirksey
On a motion by Robinson, seconded by McCann, and unanimously
adopted, it was
#169-08 RESOLVED that the Minutes of the 1,606th Regular
Meeting of the Council held April 16, 2008 are hereby approved as
submitted
McCann wished Robinson a Happy Birthday McCann indicated this is
Robinson's fifth year sharing his birthday with the City of Livonia and thanked him for
his years of service
Wayne County Commissioner Laura Cox was present at the meeting
to provide an update to residents about upcoming Wayne County events
Commissioner Cox announced Saturday, May 3, 2008, is the "Parks Clean Up
Event", from 9 30 a m to 12 00 p m The first 50 volunteers for this event will
receive a pair of Tiger tickets The event will take place at Cass Benton and
registration begins at 8 30 a m Volunteers will be planting wildflowers and perform
weeding in the park. In addition, Wayne County's Household Hazardous Waste Day
is scheduled for Saturday, May 3, 2008, at Ford Field in Livonia and is open to all
Wayne County residents Finally, Commissioner Cox announced that Wayne
County Budget processing will be starting soon in June
Regular Meeting Minutes of April 30, 2008 36697
Lynda Scheel, President of the Livonia Board of Education, was
present at the meeting to encourage all residents to participate in the May 6, 2008,
School Board elections for both the Livonia Public Schools and the Clarenceville
Public Schools
City Clerk Linda Grimsby indicated Absentee Ballots are currently
available at the Clerk's Office for the School Board elections on May 6, 2008
Further, the Clerk's Office will be open for voting purposes from 8 30 a m to 2.00
p m on Saturday, May 3, 2008
President Toy announced the following Public Hearing to be held on
Monday, May 19, 2008, at the Auditorium of City Hall, 33000 Civic Center Drive,
Livonia, MI, at TOO p m
Petition 2008-03-01-01 submitted by Sam Baki and Joan Ketchum
requesting to rezone property located on the southeast corner of Hugh
Avenue and Norfolk Avenue (20280 Hugh Avenue), in the Northeast 1/4
of Section 2, from RUFA to R-1 (Rural Urban Farm — 1/2 Acre Lots to
One Family Residential — 60' x 120' Lots)
A communication from the Department of Finance, dated April 3, 2008,
re forwarding various financial statements of the City of Livonia for the month
ending February 29, 2008, was received and placed on file for the information of the
Council
A communication from the Department of Law, dated April 9, 2008, re
Mona Mason v City of Livonia, U S District Court Case No 06-14032, was received
and placed on file for the information of the Council
On a motion by Laura, seconded by Knapp, and unanimously adopted,
it was
#170-08 RESOLVED, that having considered a request from
Council President Laura Toy, the Council does hereby refer the subject
of outdoor patios at restaurants and/or businesses within the City to
the Administration for its report and recommendation
On a motion by Meakin, seconded by McCann, it was
Regular Meeting Minutes of April 30, 2008 36698
#171-08 RESOLVED, that having considered an application from
Amy Fogle, 9870 Henry Ruff, dated April 11, 2008, requesting
permission to close Henry Ruff between Robert and Orangelawn on
Saturday, June 7, 2008, from 12 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
Saturday, June 14, 2008, in the event of inclement weather, the action
taken herein being made subject to the approval of the Police
Department.
#172-08 RESOLVED, that having considered a letter from
Brenda Uren, Clarenceville Athletic Booster Club, dated April 8, 2008,
which requests permission to display signs announcing their second
annual Car/Craft Show to be conducted at Clarenceville High School
on Saturday, May 31, 2008, which signs are to be 15" x 22" in size
and which will be displayed at various locations in the City of Livonia
only, no earlier than Saturday, May 24, 2008, and removed no later
than Sunday, June 1, 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 and that larger signs shall not be
permitted
#173-08 RESOLVED, that having considered a communication
from the Livonia Arts Commission and the Director of Community
Resources, dated April 9, 2008, approved for submission by the
Mayor, which requests permission to display signs announcing their
annual Arts and Crafts Festival to be held on Saturday, June 14, 2008,
and Sunday, June 15, 2008, on the City Hall grounds, which signs are
to be 18" x 24" in size and which will be displayed at all major
intersections in the City and four (4) 4' x 8' signs to be located on
appropriate islands by the main thoroughfares in the City of Livonia,
from Sunday, June 8, 2008, through Monday, June 16, 2008, the
Council does hereby grant and approve this request in the manner and
form herein submitted
#174-08 RESOLVED, that having considered a communication
from the Director of Community Resources and the Chairperson of the
Historical Commission, dated April 11, 2008, approved for submission
by the Mayor, which requests permission to display two banner signs
(4' x 8') on the fencing at Greenmead and 25" x 15" signs at various
locations in the City announcing the Flea Market to be held Sunday,
June 1, 2008, at Greenmead, which signs shall be installed no earlier
than Friday, May 23, 2008, and removed no later than Tuesday, June
3, 2008, the Council does hereby grant and approve this request in the
manner and form herein submitted
Regular Meeting Minutes of April 30, 2008 36699
#175-08 RESOLVED, that having considered a letter from Father
Joseph Marquis, Administrator, Sacred Heart Byzantine Catholic
Church, dated April 8, 2008, which requests permission to waive
Section 8 32 070 (Noise Control) of the Livonia Code of Ordinances,
as amended, in connection with their two day Christian concert, which
will take place in Livonia from August 9, 2008, through August 10,
2008, to allow the playing of music and announcements via speakers,
the Council does hereby grant and approve this request in the manner
and form herein submitted
#176-08 RESOLVED, that having considered a communication
from the Mayor, dated April 14, 2008, wherein he has requested
approval of the reappointment of Dennis Kujawa, 18521 Glengarry
Drive, Livonia, Michigan 48152, to the Livonia Plymouth Road
Development Authority as a business interest or owner for a four-year
term expiring May 16, 2012, pursuant to Section 3 16 060 of the
Livonia Code of Ordinances, as amended, and Act No 197 of the
Public Acts of Michigan of 1975, as amended, the Council does hereby
confirm and approve such reappointment.
#177-08 RESOLVED, that having considered the report and
recommendation of the Information Systems Director, dated April 8,
2008, which bears the signature of the Director of Finance and is
approved for submission by the Mayor, the Council does hereby
accept the quote submitted by ESRI Inc., 380 New York Street,
Redlands, California 92373, to provide software maintenance for
Livonia's Geographic Information System (GIS) in the amount of
$16,558 90, the same to be expended from funds already budgeted in
Account No 101-915-851-020 for this purpose, FURTHER, the Council
does hereby authorize the 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
#178-08 RESOLVED, that having considered a communication
from the Fire Chief, dated April 1, 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 one (1) Zoll E-
Series Bi-Phasic Cardiac Monitor from Zoll Medical Corporation, 269
Milli Road, South Chelmsford, Massachusetts 01824, in the amount of
$19,985 00, the same to be expended from funds already budgeted in
Account No 101-338-987-000 for this purpose, FURTHER, the Council
does hereby authorize the purchase of said item 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
Regular Meeting Minutes of April 30, 2008 36700
A communication from the Department of Finance, dated April 9, 2008,
re the investment of public funds as of February 29, 2008, as required by Public Act
213 of 2007, was received and placed on file for the information of the Council
A communication from the Plymouth Road Development Authority
(PRDA), dated April 9, 2008, re forwarding the 2007 Annual Report for the Plymouth
Road Development Authority (PRDA), was received and placed on file for the
information of the Council
#179-08 RESOLVED, THAT WHEREAS, under the provisions of
Title I of the Housing and Community Development Act of 1974, as
amended, the Secretary of Housing and Urban Development is
authorized to make grants to units of local government to help finance
community development programs, and
WHEREAS, the primary objective of such Act is the development of
viable urban communities by providing decent housing and suitable
living environment and expanding economic opportunities, principally
for persons of low and moderate income, and
WHEREAS, to obtain its Fiscal Year 2008-2009 entitlement funds
under the Community Development Block Grant Program as
authorized by the Housing Community Development Act of 1974, the
City of Livonia must submit a Statement of Community Development
Objectives and Projected Use of Funds, satisfactory assurances that
the Program will be conducted and administered in accordance with
appropriate federal and state laws and Department of Housing and
Urban Development regulations, and satisfactory assurances that,
prior to submission of its Final Statement of Community Development
Objectives and Projected Use of Funds, it has (A) provided citizens
with adequate information concerning the amount of funds available for
proposed community development and housing activities, the range of
activities that may be undertaken, the estimated amount of those funds
proposed to be used for activities that will benefit low and moderate
income persons, and other important program requirements, (B) held a
public hearing to obtain the views of citizens on community
development and housing needs, and (C) provided citizens an
adequate opportunity to examine the content of and to submit
comments on the proposed Statement of Community Development
Objectives and Projected Use of Funds
Regular Meeting Minutes of April 30, 2008 36701
NOW, THEREFORE, BE IT RESOLVED, by the City Council of
Livonia, Michigan, that the Final Statement of Community
Development Objectives and Projected Use of Funds for the Fiscal
Year 2008-2009 Community Development Block Grant Program is
hereby approved and shall be submitted to the Department of Housing
and Urban Development.
#180-08 RESOLVED, that having considered the report and
recommendation of the Director of the Housing Commission, dated
April 4, 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 Best Asphalt, 6334 N Beverly Plaza, Romulus,
Michigan 48174, for completing all work required in connection with the
Section 1 Botsford School walking foot bridge and bike path asphalt
and lighting improvement project for an amount not to exceed
$69,450 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 $69,450 00 from funds already
budgeted in Community Development Block Grant Account No 230-
800-818-681 for this purpose, and the Director of the Housing
Commission is hereby authorized to execute a contract, for and on
behalf of the Livonia Housing Commission, with the aforesaid bidder
and to do all things necessary or incidental to the full performance of
this resolution
#181-08 RESOLVED, that having considered the report and
recommendation of the City Engineer - Operations, the Director of
Public Works and the Director of Inspection, dated April 11, 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 four (4) 2008 Ford Escape SUV's for the Inspection
Department from Gorno Ford, 22025 Allen Road, Trenton, Michigan
48138, for the total amount of $58,800 00, the same to be expended
from funds already budgeted for this purpose in Account No 205-525-
985-000, FURTHER, the Council does hereby determine to authorize
the said purchase without competitive bidding inasmuch as the same is
based upon the low State of Michigan bid price (under Contract No
07166200082), and such action is taken in accordance with the
provisions set forth in Section 3 04 140 D 4 of the Livonia Code of
Ordinances, as amended
#182-08 RESOLVED, that having considered the report and
recommendation of the City Engineer (Utilities and Engineering), dated
April 14, 2008, which bears the signature of the Director of Finance
and is approved by the Director of Public Works and approved for
submission by the Mayor, the Council does hereby accept the unit
Regular Meeting Minutes of April 30, 2008 36702
price bid of Joe Rotondo Construction Corporation, 20771 Randall,
Farmington Hills, Michigan 48336, for completing all work required in
connection with the 2008 Sidewalk Replacement Program (Contract
08-G) at the unit prices bid for a total amount not to exceed
$439,120 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 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 $111,209 00 (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 $4,097 00 from the Unexpended Fund Balance of the
Major Road Account and $48,557 00 from the Unexpended Fund
Balance of the Local Road Account of the Michigan Transportation
Fund to cover the costs related to the construction or reconstruction of
handicap ramps at major and local roads, FURTHER, the Council does
hereby authorize an expenditure in the amount of $5,210 00 from the
Unexpended Fund Balance of the Water and Sewer Fund for sidewalk
work adjacent to and including water, storm and sanitary structure
repairs, FURTHER, the Council does hereby authorize an expenditure
in the amount of $200,000 00 from funds already budgeted for this
purpose from the Road, Sidewalk and Tree Fund (Account No 204-
441-818-104 — 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 $113,959 00
from the Unexpended Fund Balance of the Road, Sidewalk and Tree
Fund to repair sidewalks heaved by tree roots, and the City Engineer
(Utilities and Engineering) 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
#183-08 RESOLVED, that having considered a communication
from the Department of Law, dated April 1, 2008, which bears the
signature of the Director of Inspection and the Planning Director, and is
approved for submission by the Mayor, in connection with the
proposed amendment to Section 18 64 (Utilities) of Article XVIII of the
Zoning Ordinance to require stormwater detention ponds that are
developed as part of a new residential subdivision or condominium to
Regular Meeting Minutes of April 30, 2008 36703
be located in parks, outlots or general common areas and not on
subdivision lots or limited common areas, the Council does hereby
refer this matter to the City Planning Commission for the holding of a
public hearing in accordance with provisions of law and City
Ordinance
A roll call vote was taken on the foregoing resolutions with the following result:
AYES McCann, Laura, Meakin, Robinson, Knapp,
Godfroid-Marecki, and Toy
NAYS None
Carrie Spurting, Livonia Arts Commission, was present at the meeting
to request signage for the Music from the Heart concerts be placed in more visible
locations on the Five Mile and Farmington Road boulevards
On a motion by McCann, seconded by Knapp, and unanimously
adopted, it was
#184-08 RESOLVED, that having considered a communication
from the Livonia Arts Commission and the Director of Community
Resources, dated April 9, 2008, approved for submission by the
Mayor, which requests permission to display signs announcing their
annual Music from the Heart concerts to be held on Thursdays, July
10, 17, 24, and 31, 2008, and August 7, 14, 21, and 28, 2008, on the
City Hall grounds, which signs are to be 4' x 8' in size and which will be
displayed at two locations in the median in the City of Livonia only,
from Sunday, June 29, 2008, through Monday, September 1, 2008, the
Council does hereby grant and approve this request in the manner and
form herein submitted
On a motion by Laura, seconded by Meakin, and unanimously
adopted, it was
#185-08 RESOLVED, that having considered a letter from the
Michigan Liquor Control Commission, dated January 16, 2008, and the
report and recommendation of the Chief of Police, dated April 9, 2008,
approved for submission by the Mayor, with respect to the request
from Select Hotels Group, L L C (a Delaware Limited Liability
Company) to transfer ownership of a 2007 Class C licensed business
located in escrow at 1400 Porter, Detroit, Michigan 48216, Wayne
County, from Porter Street Restaurant & Bar, LLC, to transfer location
(Governmental Unit) [MCL 436 1531(1)] from 1400 Porter, Detroit,
Regular Meeting Minutes of April 30, 2008 36704
Michigan 48216, Wayne County to 19300 Haggerty, Livonia, Michigan
48152, Wayne County; to transfer classification to a B-Hotel Licensed
Business, and for new Official Permit (Food), the Council does hereby
determine to hold this matter in abeyance until the appropriate waiver
use petition to utilize a Class C license at this location has been filed
and considered by the Planning Commission and the City Council
On a motion by Knapp, seconded by Godfroid-Marecki, it was
#186-08 RESOLVED, that having considered a communication
from the Department of Law, dated April 18, 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, Von Maur Partnership v City of Livonia
A roll call vote was taken on the foregoing resolution with the following result.
AYES McCann, Laura, Meakin, Robinson, Knapp,
Godfroid-Marecki, and Toy
NAYS None
The President declared the resolution adopted
McCann wished his daughter, Katie Davis, a Happy Birthday Katie
will celebrate her birthday with her new son, Kaden James, on Sunday, May 4, 2008
There was no Audience Communication at the end of the meeting
On a motion by McCann, seconded by Knapp, this 1,607th Regular
Meeting of the Council of the City of Livonia was adjourned at 8.27 p m
41110' . ./i.4 A1. J1!.114
Linda Grimsby, City Clerk/