HomeMy WebLinkAboutCOUNCIL MINUTES 2007-11-26 36511
MINUTES OF THE ONE THOUSAND FIVE HUNDRED
NINETY SEVENTH REGULAR MEETING OF NOVEMBER 26, 2007
On November 26, 2007, 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 Taylor led the meeting with
the Pledge of Allegiance
Roll was called with the following result. Gerald Taylor, Don Knapp,
Brian Meakin, Terry Godfroid-Marecki, Joe Laura, Thomas Robinson, and James
McCann 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, and Maureen Cosgrove, Assistant
City Clerk.
On a motion by Robinson, seconded by Taylor, and unanimously
adopted, it was
#567-07 RESOLVED that the Minutes of the 1,596th Regular
Meeting of the Council held November 7, 2007 are hereby approved as
submitted
A roll call vote was taken on the foregoing resolution with the following result.
AYES Taylor, Knapp, Meakin, Godfroid-Marecki, Robinson,
and McCann
NAYS None
PRESENT Laura
The President declared the resolution adopted
Regular Meeting Minutes of November 26, 2007 36512
meeting There was no audience communication at the beginning of the
Council President McCann congratulated the Livonia Stevenson High
School Spartans' football team for making it to the State Championship finals at
Detroit's Ford Field on Saturday, November 24, 2007 He congratulated the
Spartans for having a great season and playing very well
Godfroid-Marecki congratulated the Stevenson Girls Swim (and Dive
Team for becoming the runner-up in the Division I State Championship Swim Meet
and congratulated her daughter, Brynn, for her accomplishments on the swim team
in setting multiple league and pool records
A communication from the Engineering Division, dated November 19,
2007, re aerial photograph of 14900 Harrison and the sidewalk waiver request
made by Dumitru Dafinescu, was received and placed on file for the information of
the Council
On a motion by Meakin, seconded by Knapp, it was
#568-07 RESOLVED, that having considered a letter from Dumitru
Dafinescu, dated November 5, 2007, requesting a waiver of the
sidewalk requirement in front of and on the side of the home he is
building located at 14900 Harrison, and having further considered the
report and recommendation of the City Engineer (Utilities and
Engineering), dated November 19, 2007, approved for submission by
the Mayor, the Council does hereby approve this request inasmuch as
omitting the sidewalk on the subject property would have no
detrimental effect upon the neighboring properties at this time due to
lack of any other public sidewalks existing within the neighboring area,
FURTHER, the Council does hereby reserve the right to require
sidewalks at this location in the event that additional sidewalks are
installed in this area at some future date
#569-07 RESOLVED, that having considered a communication
from the Acting Chief of Police, dated October 16, 2007, which bears
the signature of the Director of Finance and is approved for submission
by the Director of Public Safety and the Mayor, the Council does
hereby authorize the purchase of 45 replacement laptop computers for
use in marked patrol vehicles, 24 Lund Computer Mounts, and 5
WLAN Diversity Antennas from Motorola, 2465 Riverside Drive #308,
Trenton, Michigan 48183, in the total amount of $228,730 00,
Regular Meeting Minutes of November 26, 2007 36513
FURTHER, the Council does hereby authorize an expenditure in the
amount of $176,800 00 from Account No 401-000-976-028 (Capital
Projects — Police Computer Systems) and $51,930 00 from Account
No 261-000-987-000 (Public Safety Communication — Capital Outlay)
for this purpose, FURTHER, the Council does hereby authorize the
action herein without competitive bidding for the reasons indicated in
the aforesaid communication, and such action is taken in accordance
with Section 3 04 140D4 of the Livonia Code of Ordinances, as
amended
#570-07 RESOLVED, that having considered the report and
recommendation of the Fire Chief, dated October 29, 2007, which
bears the signature of the Public Safety Director and the Director of
Finance and is approved for submission by the Mayor, the Council
does hereby approve the purchase of one (1) used Emergency One
Cyclone Fire Engine Pumper from the City of Farmington Hills, 31455
West Eleven Mile Road, Farmington Hills, Michigan 48336 for the total
amount of $19,785 00, FURTHER, the Council does hereby authorize
an expenditure in the amount of $19,785 00 from funds already
budgeted in Account No 101-338-985-000 (Capital Outlay - Vehicle)
for this purpose, FURTHER, the Council determines that the 1988
Pierce Pumper Reserve Engine 2 currently owned by the City of
Livonia is surplus property that is no longer needed due to its age and
poor condition and does hereby authorize the Livonia Fire Department
to donate such fire engine to Schoolcraft College
#571-07 RESOLVED, that having considered the report and
recommendation of the City Engineer (Operations) and the Director of
Public Works, dated October 30, 2007, 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) 2008 Ford
E-350 cutaway van for the Public Service Division from Gorno Ford,
22025 Allen Road, Woodhaven, Michigan 48183, in the amount of
$27,374 00, the same to be expended from funds already budgeted in
the 2007-2008 Capital Outlay Budget (Account No 592-140-000),
FURTHER, the Council does hereby determine to authorize said
purchase without competitive bidding inasmuch as the same is based
upon the low State of Michigan bid price (under Contract No
07166200079), and such action is taken in accordance with the
provisions set forth in Section 3 04 140D4 of the Livonia Code of
Ordinances, as amended
#572-07 RESOLVED, that having considered the report and
recommendation of the Director of Finance, dated October 26, 2007,
approved for submission by the Mayor, with regard to quotes received
for life insurance and Accidental Death and Dismemberment coverage
Regular Meeting Minutes of November 26, 2007 36514
lap as set forth in the list and tabulation attached to the aforesaid
communication, the Council does hereby accept the low quote of
Mutual of Omaha Insurance Company, Omaha, Nebraska 68175, to
provide life insurance at the rate of$ 245 per $1,000 payroll per month
and Accidental Death and Dismemberment insurance at the rate of
$ 02 per $1,000 payroll per month, the same having been in fact the
lowest quote received, FURTHER, the Council does hereby authorize
an Agreement between the City of Livonia and Mutual of Omaha
Insurance Company to buy life insurance and Accidental Death and
Dismemberment insurance coverage at these rates for a three year
period effective December 1, 2007, and ending November 30, 2010,
FURTHER, the Council does hereby authorize such action without
competitive bidding in accordance with Section 3 04 140D2 of the
Livonia Code of Ordinances, as amended
#573-07 RESOLVED, that having considered a communication
from the Director of the Housing Commission, dated October 19, 2007,
which bears the signature of the Director of Finance and is approved
for submission by the Mayor, which transmits Housing Commission
resolution 39-07 wherein the Housing Commission has recommended
certain rental adjustments with respect to Newburgh Village, the
Council does hereby approve rental adjustments of $5 00 per month
effective June 1, 2008, as follows
Adjusted Rent
Bedroom Size Current Rent Effective 6-1-08
One Bedroom $495 $500
Two Bedroom $565 $570
The above rents exclude gas and electric utility costs
#574-07 RESOLVED, that having considered a communication
from the Director of the Housing Commission, dated October 19, 2007,
which bears the signature of the Director of Finance and is approved
for submission by the Mayor, which transmits Housing Commission
resolution 39-07 wherein the Housing Commission has recommended
certain rental adjustments with respect to Silver Village, the Council
does hereby approve rental adjustments of $5 00 per month effective
June 1, 2008 as follows
A) Pre-December, 1990 - 13 Residents
Adjusted Rent
Bedroom Size
Two Bedroom Current Rent
$380 Effective 6-1-08
One Bedroom $345
$350
$385
Regular Meeting Minutes of November 26, 2007 36515
B) Post-December, 1990 - 95 Residents.
Adjusted Rent
Bedroom Size Current Rent Effective 6-1-08
One Bedroom $410 $415
Two Bedroom $465 $470
The above rents exclude gas and electric utility costs
#575-07 RESOLVED, that having considered the report and
recommendation of the Director of the Housing Commission, dated
October 19, 2007, which bears the signature of the Director of Finance
and is approved for submission by the Mayor, which transmits Housing
Commission resolution 40-07, wherein the Commission recommended
the following rental increases to become effective January 1, 2008,
with respect to City-owned scattered site properties as follows
Current Proposed
2-Bedroom $360 $370
29149 Morlock
20121 Floral
27545 Long
3-Bedroom $445 $455
11910 Cardwell
12411 Arcola
31220 Hathaway
19941 Deering
9880 Harrison
11784 Arcola
33916 Five Mile
10033 Garden
35546 Orangelawn
12092 Arcola
20222 St. Francis
4-Bedroom $510 $520
20120 Deering
The above rents exclude all utilities
the Council does hereby concur in and approve of the recommended
action, FURTHER, the Council does hereby approve the establishment
of market rents for families whose gross income exceeds the income
limits and such market rents shall be as follows
Regular Meeting Minutes of November 26, 2007 36516
Bedroom Size. Market Rent:
2 — Bedroom $ 750 00
411iro
3 — Bedroom $1,000 00
4 — Bedroom $1,200 00
#576-07 RESOLVED, that having considered a communication
from the City Planning Commission, dated October 24, 2007, which
transmits its resolution 10-122-2007, adopted on October 23, 2007,
with regard to Petition 2007-09-02-37, submitted by Great Lakes Fresh
Mex requesting waiver use approval to construct and operate a full
service restaurant (Qdoba Mexican Grill) on property located on the
south side of Plymouth Road between Middlebelt Road and Milburn
Avenue (29515 Plymouth Road) in the Northeast 1/4 of Section 35,
which property is zoned C-2, the Council does hereby concur in the
recommendation made by the City Planning Commission and Petition
2007-09-02-37 is hereby approved and granted, subject to the
following conditions
1 That the Floor Plan marked Sheet Al prepared by Creekwood
Architecture, Inc , dated August 28, 2007, is hereby approved
and shall be adhered to,
2 That the maximum customer seating count shall not exceed a
total of 94 seats, including 72 interior seats and 22 exterior patio
seats,
3 That the outdoor patio seating, which shall lie behind and be
bounded by sections of three (3) foot high wrought-iron fencing,
shall be confined to the areas designated for that purpose on
the above referenced Floor Plan,
4 That a trash receptacle shall be provided for the outdoor patio
area and shall be emptied regularly as needed,
5 That only conforming signage is approved with this petition, and
any additional signage shall be separately submitted for review
and approval by the Zoning Board of Appeals,
6 That no LED lightband or exposed neon shall be permitted on
the site including, but not limited to, the building or around the
windows,
7 That wall signage shall not be illuminated beyond one (1) hour
after this business closes, and
Regular Meeting Minutes of November 26, 2007 36517
8 That the specific plan referenced in this approving resolution
shall be submitted to the Inspection Department at the time the
building permits are applied for
#577-07 RESOLVED, that having considered a communication
from Councilmember Joe Laura, dated October 29, 2007, the Council
does hereby refer the subject of easing signage regulations for
commercial businesses to the Committee of the Whole for its report
and recommendation
#578-07 RESOLVED, that having considered a communication
from Councilmember Joe Laura, dated October 29, 2007, the Council
does hereby refer the subject of easing signage regulations for
commercial businesses to the Administration for its report and
recommendation
#579-07 RESOLVED, that having considered a request from
Councilmember Joe Taylor, the Council does hereby refer the subject
of increasing the size of the "Yield to Children" sign at Hoover School
to the Traffic Commission and the Administration for their respective
reports and recommendations
A roll call vote was taken on the foregoing resolutions with the following result:
AYES Taylor, Knapp, Meakin, Godfroid-Marecki, Laura,
Robinson, and McCann
NAYS None
Godfroid-Marecki took from the table, for second reading and adoption,
the following Ordinance
AN ORDINANCE AMENDING SECTION 240 OF TITLE 10, CHAPTER
21 (TRAFFIC VIOLATIONS) OF THE LIVONIA CODE OF
ORDINANCES, AS AMENDED
A roll call vote was taken on the foregoing Ordinance with the following result.
AYES Taylor, Knapp, Meakin, Godfroid-Marecki, Laura,
Robinson, and McCann
NAYS None
Regular Meeting Minutes of November 26, 2007 36518
The President declared the foregoing Ordinance duly adopted, and would become
effective on publication
Godfroid-Marecki took from the table, for second reading and adoption,
the following Ordinance
AN ORDINANCE AMENDING SECTION 18 45 OF ARTICLE XVIII OF
ORDINANCE NO 543, AS AMENDED, KNOWN AND CITED AS "THE
CITY OF LIVONIA ZONING ORDINANCE" (Petition 2007-06-06-03)
A roll call vote was taken on the foregoing Ordinance with the following result.
AYES Taylor, Knapp, Meakin, Godfroid-Marecki, Laura,
Robinson, and McCann
NAYS None
The President declared the foregoing Ordinance duly adopted, and would become
effective on publication
Godfroid-Marecki took from the table, for second reading and adoption,
the following Ordinance
AN ORDINANCE AMENDING SECTION 19 06 OF ARTICLE XIX OF
ORDINANCE NO 543, AS AMENDED, KNOWN AND CITED AS "THE
CITY OF LIVONIA ZONING ORDINANCE" (Petition 2007-06-06-03)
A roll call vote was taken on the foregoing Ordinance with the following result
AYES Taylor, Knapp, Meakin, Godfroid-Marecki, Laura,
Robinson, and McCann
NAYS None
The President declared the foregoing Ordinance duly adopted, and would become
effective on publication
On a motion by Robinson, seconded by Taylor, and unanimously
adopted, it was
Regular Meeting Minutes of November 26, 2007 36519
#580-07 RESOLVED, that having considered a communication
from Councilmember Thomas Robinson, dated November 15, 2007,
regarding the subject of the request of New Par d/b/a Verizon Wireless
to install a wireless communication facility (antenna) at Bicentennial
Park, the Council does hereby discharge the Legislative Committee
from further consideration of Council Resolution 53-05 pertaining to
this subject.
On a motion by Robinson, seconded by Meakin, and unanimously
adopted, it was
#581-07 RESOLVED, that having considered a communication
from the City Planning Commission, dated October 24, 2007, which
transmits its resolution 10-123-2007, adopted on October 23, 2007,
with regard to Petition 2007-09-02-38, submitted by Verizon Wireless
requesting waiver use approval to construct a 150 foot high wireless
communication cellular antenna tower at Bicentennial Park on property
located on the north side of Seven Mile Road between Gary Lane and
Levan Court (36228 Seven Mile Road) in the Southeast 1/4 of Section
5, which property is zoned PL, the Council does hereby concur in the
recommendation made by the City Planning Commission and Petition
2007-09-02-38 is hereby approved and granted, subject to the
following conditions
1 That the Site Plan marked Sheet 1 prepared by Midwestern
Consulting, dated October 17, 2007, as revised, is hereby
approved and shall be adhered to,
2 That the Shelter Elevation and Floor Plan marked Sheet 2
prepared by Midwestern Consulting, dated October 5, 2007, is
hereby approved and shall be adhered to,
3 That all equipment shelter buildings shall be constructed with
full face 4" brick on all four sides,
4 That the proposed evergreen trees to be provided for screening
purposes around the perimeter of the lease area as portrayed
on the above referenced site plan shall consist of fifteen (15)
Mission Blue Colorado Spruce trees (or similar species), each
not less than six (6) feet in height, which shall be installed to the
satisfaction of the Inspection Department and thereafter
permanently maintained in a healthy condition,
5 That barbed wire shall not be allowed anywhere on the facility;
and
Regular Meeting Minutes of November 26, 2007 36520
6 That the specific plans referenced in this approving resolution
shall be submitted to the Inspection Department at the time the
building permits are applied for
Robert LaBelle, 34523 Camborne, Livonia, on behalf of Verizon
Wireless, was present at the meeting to answer any questions of Council
On a motion Ly Taylor, seconded by Godfroid-Marecki, and
unanimously adopted, it was
#582-07 RESOLVED, that having considered the report and
recommendation of the Department of Law, dated August 13, 2007,
approved for submission by the Mayor, to which is attached a
proposed lease agreement between the City of Livonia and New Par
d/b/a Verizon Wireless, for a period of five (5) years with up to four
additional five-year terms thereafter, for a wireless communication
cellular antenna tower to be located within Bicentennial Park, at an
initial annual rent of$24,000 00 (payable in monthly installments) to be
paid to the City (with a 3% annual escalator), the Council does hereby
authorize the Mayor and City Clerk, for and on behalf of the City of
Livonia, to execute the attached agreement in the manner and form
herein submitted, as well as to do all other things necessary or
incidental to the full performance of this resolution
On a motion by Taylor, seconded by Knapp, and unanimously
adopted, it was
#583-07 RESOLVED, that having considered a communication
from the Department of Law, dated November 8, 2007, approved for
submission by the Mayor, 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, 39000
Associates, LLC v City of Livonia
A roll call vote was taken on the foregoing resolution with the following result.
AYES Taylor, Knapp, Meakin, Godfroid-Marecki, Laura,
Robinson, and McCann
NAYS None
Regular Meeting Minutes of November 26, 2007 36521
There was no audience communication at the end of the meeting
On a motion by Knapp, seconded by Taylor, and unanimously
adopted, this 1,597th Regular Meeting of the Council of the City of Livonia was
adjourned at 8 16 p m
Val Vandersloot, City Clerk