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HomeMy WebLinkAboutCOUNCIL MINUTES 2008-10-08 36895 MINUTES OF THE ONE THOUSAND SIX HUNDRED EIGHTEENTH REGULAR MEETING OF OCTOBER 8, 2008 On October 8, 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 Vice-President Godfroid-Marecki led the meeting with the invocation President Toy introduced Weblos and Cub Scout Leader Katie Walrad, on behalf of Pack 852 from Randolph, Roosevelt and Garfield Elementary Schools The Scouts were present at the meeting to lead in the Pledge of Allegiance and to present the colors of the flags Roll was called with the following result: Terry Godfroid-Marecki, James McCann, Brian Meakin, Thomas Robinson, Don Knapp, and Laura Toy Absent: Joe Laura 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, Karen Kapchonick, Superintendent of Parks and Recreation, and Mayor Jack Kirksey On a motion by Knapp, seconded by Meakin, and unanimously it was #437-08 RESOLVED that the Minutes of the 1,617th Regular Meeting of the Council held September 24, 2008 are hereby approved as submitted President Toy announced Alice Gunderson, the first female Council member of Livonia's City Council, recently passed away and requested a moment of silence in her honor State Representative John Pastor addressed Council to announce the 14th Annual Senior Celebration scheduled for Friday, October 10, 2008, at 9 30 a m to take place at Laurel Manor Mr Pastor indicated tickets for the event are $5 00 and are available at the Senior Center or at the door If residents need senior Regular Meeting Minutes of October 8, 2008 36896 transportation to Laurel Manor, Mr Pastor indicated to call the Civic Park Senior Center at (734) 466-2555 President Toy announced there would be an "X" item discussed at the end of the meeting concerning a signage request submitted by the Women's Guild at St. Michael the Archangel Parish to advertise their Craft and Bake Sale President Toy announced the following Public Hearing to be held on Monday, November 10, 2008, at the Auditorium of City Hall, 33000 Civic Center Drive, Livonia, MI, at 7.00 p m The Council will consider a proposal to create and provide for the operation of a Brownfield Redevelopment Authority within the City of Livonia pursuant to and in accordance with the provisions of the Brownfield Redevelopment Authority Act, being Act 381 of the Public Acts of the State of Michigan of 1996, as amended During Audience Communication, Rita Queen, 29822 West Chicago, was present at the meeting to express her concerns re the removal of stop signs within her neighborhood and the lack of response from the Traffic Commission to the concerns she has expressed A communication from Rita Queen, 29822 West Chicago, dated September 23, 2008, re concerns surrounding the removal of stop signs within her neighborhood, was received and placed on file for the information of the Council Isam Jaghab, 29853 Linda, addressed Council to express his concern regarding the approval of the proposed Hookah restaurant establishment to be developed at 29447 Middlebelt. (Petition 2008-05-02-14) Mikey Sobh, 6908 Ternes, Dearborn, owner of Habibi Hookah bar, addressed Council to express his concern regarding approval of the proposed Hookah restaurant establishment to be developed at 29447 Middlebelt and a recent fire at his own business (Petition 2008-05-02-14) A communication from the Department of Finance, dated September 18, 2008, re Quarterly Investment Report for the City of Livonia as of August 31, 2008, was received and placed on file for the information of the Council A communication from the Department of Finance, dated September 19, 2008, re forwarding various financial statements of the City of Livonia for the Regular Meeting Minutes of October 8, 2008 36897 month ending August 31, 2008, was received and placed on file for the information of the Council On a motion by Robinson, seconded by Godfroid-Marecki, it was #438-08 RESOLVED, that having considered an application from Glenn Davis, 37840 Ladywood, dated September 12, 2008, requesting permission to close Ladywood from the intersection of Ladywood and Stonehouse Circle to 4 houses north of that intersection on Saturday, October 11, 2008, from 3 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, October 12, 2008, in the event of inclement weather, the action taken herein being made subject to the approval of the Police Department. #439-08 RESOLVED, that having considered an application from Virginia Bosak, dated September 16, 2008, requesting permission to close Myrna, from the end of Myrna east to Newburgh Road on Sunday, October 19, 2008, from 2 00 p m to 5 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. #440-08 RESOLVED, that having considered a communication from Sheri Clements, MOPS Representative, Bell Creek Community Church, dated September 16, 2008, which requests permission to display signs announcing their Mom to Mom Sale to be conducted at Franklin High School on Saturday, October 25, 2008, which signs are to be 18"x 24" in size and which will be displayed at various locations in the City no earlier than Sunday, October 19, 2008, and removed no later than Sunday, October 26, 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 #441-08 RESOLVED, that having considered a letter from Evelina M Bryant, Member of the Northwest Detroit Coin Club, dated September 15, 2008, which requests permission to display signs announcing their Fall Coin Show to be conducted at the Livonia Senior Center on Sunday, November 2, 2008, which signs will be displayed at various locations in the City no earlier than 8 00 a m on Sunday, November 2, 2008, and removed no later than 6 00 p m on Sunday, November 2, 2008, the Council does hereby grant and approve this request in the manner and form herein submitted, with the Regular Meeting Minutes of October 8, 2008 36898 understanding that the City is not responsible should the signs be removed by Wayne County #442-08 RESOLVED, that having considered a letter from Marjorie S Lynch, Coordinator, Special Events & Fundraising, Schoolcraft College Foundation, dated September 17, 2008, which requests permission to display signs announcing their annual Fall Craft Show to be conducted on Saturday and Sunday, November 8 and 9, 2008, which signs are 22" x 14" in size and will be displayed at various locations in the City no earlier than Monday, November 3, 2008, and removed no later than Monday, November 10, 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 #443-08 RESOLVED, that having considered a letter from Elizabeth Hering, Director of Bands and Orchestra, Churchill High School, dated September 17, 2008, which requests permission to display signs announcing their Rummage Sale to be conducted on Saturday, October 18, 2008, which signs are 22" x 28" in size and will be displayed at various locations in the City no earlier than Saturday, October 11, 2008, and removed no later than Sunday, October 19, 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 #444-08 RESOLVED, that having considered a letter from David Bibik, President, Clarenceville Athletic Booster Club, dated September 21, 2008, the Council does hereby take this means to indicate that Clarenceville Athletic Booster Club is recognized as a non-profit organization operating in the community, and the action herein being taken for the purpose of affording Clarenceville Athletic Booster Club an opportunity to obtain a charitable gaming license or registration from the State of Michigan in accordance with provisions of State statute #445-08 RESOLVED, that having considered a letter from Christopher Sytek, GreyHeart Representative, GreyHeart, Greyhound Rescue and Adoption of Michigan, dated September 22, 2008, the Council does hereby take this means to indicate that GreyHeart, Greyhound Rescue and Adoption of Michigan is recognized as a non- profit organization operating in the community, and the action herein being taken for the purpose of affording GreyHeart, Greyhound Rescue and Adoption of Michigan an opportunity to obtain a charitable gaming license or registration from the State of Michigan in accordance with provisions of State statute Regular Meeting Minutes of October 8, 2008 36899 #446-08 RESOLVED, that having considered a letter from Barney Knorp, Fundraising Committee Representative, Livonia Storm Girls Fastpitch Softball Organization, dated September 11, 2008, the Council does hereby take this means to indicate that Livonia Storm Girls Fastpitch Softball Organization is recognized as a non-profit organization operating in the community, and the action herein being taken for the purpose of affording Livonia Storm Girls Fastpitch Softball Organization an opportunity to obtain a charitable gaming license or registration from the State of Michigan in accordance with provisions of State statute #447-08 RESOLVED, that having considered a letter from Tom Celani, President, Hearts of Livonia, dated September 11, 2008, the Council does hereby determine as follows 1 That Hearts of Livonia is a worthy non-profit charity in the community; 2 That the City of Livonia shall be one of the co-sponsors of the 2009 Ben Celani Golf Day Benefit; and 3 That Hearts of Livonia is hereby granted approval to use the Whispering Willows and Fox Creek Municipal Golf Courses, only, on Wednesday, August 19, 2009, for the 31St annual golf outing A communication from the Office of the City Clerk, dated September 19, 2008, re notification to include Wayne County Zoological Authority Millage Rate in 2008 Winter tax levy as forwarded by the Director of Assessment and Equalization, Wayne County Department of Management and Budget, was received and placed on file for the information of the Council #448-08 RESOLVED, that having considered a communication from the Mayor, dated September 17, 2008, wherein he has requested approval of the appointment of Elizabeth H McCue, 11311 Berwick, Livonia, Michigan 48150, to the Livonia Plymouth Road Development Authority as a representative of the Business/Property 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 appointment provided that Ms McCue takes Regular Meeting Minutes of October 8, 2008 36900 the Oath of Office as required in Section 2, Chapter X of the City Charter, to be administered by the Office of the City Clerk. #449-08 RESOLVED, that having considered the report and recommendation of the Superintendent of Parks and Recreation, dated September 18, 2008, 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 ID Enterprises, 32788 Five Mile Road, Livonia, Michigan 48154, for design (cover and typesetting), three proofs, editing, printing and sorting of the "L" Magazine, at the unit prices specified in the attachment to the aforesaid communication per issue, for a two year period from April 2009 through March 2011, the Council having determined to accept such bid in lieu of the low bid for the reasons outlined in the aforementioned report and recommendation, FURTHER, the Council does hereby authorize the expenditure of an amount not to exceed $59,000 00 from Account No 101-707-904-000 (Parks and Recreation) and Account No 208-755-905-000 (Community Recreation) for this purpose, FURTHER, the bid of Markers Group is hereby rejected for the reasons listed in the aforementioned report and recommendation #450-08 RESOLVED, that having considered a communication from the Superintendent of Parks and Recreation, dated September 18, 2008, 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 Plymouth Nursery and Garden Center, 9900 Ann Arbor Road, Plymouth, Michigan 48170, for completing all work required in connection with the tree planting project at Fox Creek Golf Course —Area "D" & "E" for the estimated total cost of$35,182 00, said estimated cost and unit prices having been in fact the lowest bid received for this item, and an amount not to exceed $35,182 00 is hereby authorized to be expended from funds already budgeted in Account No 409-000-974-103 (Golf Course Capital Improvement — Fox Creek) for this purpose, 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 #451-08 RESOLVED, that having considered the report and recommendation of the Superintendent of Parks and Recreation, dated September 16, 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 Nudell-Evangelista Architects, 31690 W Twelve Mile Road, Farmington Hills, Michigan 48334, for providing architectural services for a new club house at Whispering Willows Golf Regular Meeting Minutes of October 8, 2008 36901 Course for an amount not to exceed $55,000 00, the same having been in fact the lowest bid received which meets all specifications, and the bid of New Perspectives is hereby rejected for the reasons listed in the aforementioned report and recommendation, and an amount not to exceed $55,000 00 is hereby authorized to be expended from funds already budgeted in the Golf Course Capital Projects Fund (409) for this purpose, FURTHER, 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 do all other things necessary or incidental to the full performance of this resolution #452-08 RESOLVED, that having considered the report and recommendation of the City Engineer, dated September 10, 2008, which bears the signature of the Director of Public Works, the Director of Finance and the Superintendent of Parks and Recreation, and is approved for submission by the Mayor, regarding additional work items performed by Nagle Paving Company in connection with the 2007 Park Paving Project for Mies Park and Bien Park (formerly Tiffany Park) (Contract 07-M) previously authorized in Council Resolution 368-07, adopted on August 13, 2007, the Council does hereby appropriate and authorize the expenditure of the additional sum of $21,939 05 from Account No 208-756-974-000 (Community Recreation — Other Recreation) to be paid to Nagle Paving Company, 39525 W 13 Mile Road, Suite 300, Novi, Michigan 48377, for this additional work. #453-08 RESOLVED, that having considered the report and recommendation of the City Engineer, dated September 15, 2008, which bears the signature of the Director of Public Works and is approved for submission by the Mayor, with regard to a request from the Wayne County Department of Public Services that the City take jurisdiction and control of the entire on-site storm sewer collection system as part of the development of a KFC Take Home of Livonia at 29060 Plymouth Road, Livonia, Michigan, the Council does hereby determine as follows 1 To advise the Wayne County Department of Public Services (Permit Section) that the City of Livonia has approved the storm sewer site plans and further, that the City will accept jurisdiction and maintenance (at no expense to the County) of the storm sewer within the property located on the north side of Plymouth Road, east of Middlebelt Road, in the Southwest 1/4 of Section 25 (See attached maintenance agreement from the owner, 29060 Plymouth Road LLC, indicating their willingness to reimburse the City for any such maintenance that may become necessary), Regular Meeting Minutes of October 8, 2008 36902 2 To authorize the City Engineer to execute a Wayne County permit on behalf of the City of Livonia in connection with the above storm sewer construction, and 3 To authorize the Mayor to execute the maintenance agreement on behalf of the City A roll call vote was taken on the foregoing resolutions with the following result: AYES Godfroid-Marecki, McCann, Meakin, Robinson, Knapp, and Toy NAYS None Godfroid-Marecki took from the table, for second reading and adoption, the following Ordinance AN ORDINANCE AMENDING SECTION 18 64 OF ARTICLE XVIII OF ORDINANCE NO 543, AS AMENDED, KNOWN AND CITED AS "THE CITY OF LIVONIA ZONING ORDINANCE" A roll call vote was taken on the foregoing Ordinance with the following result. AYES Godfroid-Marecki, McCann, Meakin, Robinson, Knapp, and Toy NAYS None The President declared the foregoing Ordinance duly adopted, and would become effective on publication A communication from the Department of Law, dated October 6, 2008, re request for grant of easement in Madonna Park submitted by AT&T, was received and placed on file for the information of the Council On a motion by Knapp, seconded by McCann, and unanimously adopted, it was #454-08 RESOLVED, that having considered a letter from Lori Doughty, Director External Affairs, AT&T Michigan, received in the Office of the City Clerk on September 22, 2008, requesting to obtain an Regular Meeting Minutes of October 8, 2008 36903 easement in Madonna Park (a Nature Preserve) to install a new cabinet to provide AT&T U-verse video service, high speed internet and other Internet Protocol-enabled services to the residents near the park, and the report and recommendation of the City Engineer, dated September 25, 2008, in connection therewith, the Council does hereby deny this request. A communication from the Department of Parks & Recreation, dated October 6, 2008, re additional information for Pulsar Briquette storage, was received and placed on file for the information of the Council (CR 414-07) On a motion by Meakin, seconded by Godfroid-Marecki, and unanimously adopted, it was #455-08 RESOLVED, that having considered the report and recommendation of the Superintendent of Parks and Recreation, dated September 18, 2008, which bears the signature of the Director of Finance and is approved for submission by the Mayor, to which is attached a communication from B & B Pools and Spas, dated September 4, 2008, wherein it is indicated that B & B Pools and Spas has offered to extend the prices bid in 2005 through November 30, 2009, provided that the City purchases in bulk, and having considered a subsequent communication from the Superintendent of Parks and Recreation, dated October 6, 2008, which bears the signature of the Director of Finance and is approved for submission by the Mayor, indicating that bulk storage cannot be secured, the Council does hereby authorize the purchase of 300 buckets of Pulsar Briquettes from B & B Pools and Spas, 29440 Six Mile Road, Livonia, Michigan 48152, for a price of $105 00 per bucket for a total price of $31,500 00 for use at the Community Recreation Center, Botsford, Clements Circle and Shelden Pools, with the understanding that such price per bucket will remain in place through November 30, 2009, FURTHER, the Council does hereby authorize an expenditure in the amount of $31,500 00 ($18,900 00 from Account No 208-755-743-000 — Community Center; $5,040 00 from Account No 208-720-743-000 — Botsford, $5,040 00 from Account No 208-721-743-000 — Clements Circle, and $2,520 00 from Account No 208-722-743-000 - Shelden) from funds already budgeted for this purpose, FURTHER, the Council does hereby authorize the said purchase without competitive bidding for the reasons indicated in the aforesaid communication, 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 Regular Meeting Minutes of October 8, 2008 36904 Knapp stepped down from the podium at 8 40 p m to avoid a perceived conflict of interest. On a motion by Godfroid-Marecki, seconded by McCann, it was #456-08 RESOLVED, that having considered the report and recommendation of the City Engineer, dated September 12, 2008, which bears the signature of the Director of Public Works and is approved for submission by the Mayor, with regard to a request from the Wayne County Department of Public Services that the City take jurisdiction and control of the entire on-site storm sewer collection system as part of the development of Village Shops of Wonderland in the N E 1/4 of Section 35, the Council does hereby determine as follows 1 To advise the Wayne County Department of Public Services (Permit Section) that the City of Livonia has approved the storm sewer site plans and further, that the City will accept jurisdiction and maintenance (at no expense to the County) of the storm sewer within the property located on the southwest corner of Plymouth and Middlebelt Roads, in the N E 1/4 of Section 35 (See attached maintenance agreement from the owner, Middlebelt Plymouth Ventures, L L.0 indicating their willingness to reimburse the City for any such maintenance that may become necessary), 2 To authorize the City Engineer to execute a Wayne County permit on behalf of the City of Livonia in connection with the above storm sewer construction, and 3 To authorize the Mayor to execute the maintenance agreement on behalf of the City A roll call vote was taken on the foregoing resolution with the following result: AYES Godfroid-Marecki, McCann, Meakin, Robinson, and Toy NAYS None Knapp returned to the podium at 8 42 p m Regular Meeting Minutes of October 8, 2008 36905 On a motion by Knapp, seconded by Meakin, and unanimously adopted, it was, #457-08 RESOLVED, that having considered a communication from the Department of Law, dated September 30, 2008, approved for submission by the Mayor, the Council does hereby amend and revise Council Resolution 376-08 so as to read as follows RESOLVED, that having considered a communication from the Michigan Liquor Control Commission, dated October 9, 2007, and the report and recommendation of the Chief of Police, dated July 21, 2008, approved for submission by the Mayor, the Council does hereby approve of the request from RAAGA International, LLC to transfer ownership of a 2007 Class C licensed business with Entertainment Permit, located in escrow at 5955 Allen, Allen Park, Michigan 48101, Wayne County, from 5955 Inc. and to transfer location (Governmental Unit) (MCL 436 1531[1]) to 37116 and 37120 Six Mile Road, Livonia, Michigan 48152, Wayne County; 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 McCann, seconded by Meakin, and unanimously adopted, it was #458-08 RESOLVED, that the Council does hereby suspend their rules for procedure as outlined in Council Resolution 574-82 so as to permit consideration of items that do not appear on the Agenda On a motion by McCann, seconded by Knapp, and unanimously adopted, it was #459-08 RESOLVED, that having considered a letter from Kate Barczuk, President, Women's Guild at St. Michael the Archangel Parish, dated September 26, 2008, which requests permission to display signs announcing their Craft and Bake Sale to be conducted on Saturday, October 25, 2008, which signs are 20" x 14" in size and will be displayed at various locations in the City no earlier than Sunday, October 19, 2008, and removed no later than Sunday, October 26, 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 Regular Meeting Minutes of October 8, 2008 36906 There was no Audience Communication at the end of the meeting Knapp wished his sister, Monica Hall, a Happy Birthday and indicated his sister will celebrate her birthday on October 13th McCann wished his mother and father a Happy 59th Anniversary, and indicated his parents' wedding anniversary was on Monday, October 6th On a motion by Meakin, seconded by Robinson, and unanimously adopted, this 1,618th Regular Meeting of the Council of the City of Livonia was adjourned at 8 45 p m .di Linda Grimsby, City Cler(