HomeMy WebLinkAboutCOUNCIL MINUTES 2007-01-31 36063
MINUTES OF THE ONE THOUSAND FIVE HUNDRED
SEVENTY-SEVENTH REGULAR MEETING OF JANUARY 31, 2007
On January 31 , 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 Godfroid-Marecki delivered the invocation
Roll was called with the following result: Terry Godfroid-Marecki, Joe
Laura, Thomas Robinson, Gerald Taylor, Donald Knapp, Brian Meakin and James
McCann Absent: none
Elected and appointed officials present: Robert Schron, City Engineer;
Mark Taormina, City Planner; Sean Kavanagh, City Attorney; Val Vandersloot, City
Clerk, Karen Kapchonick, Superintendent of Parks & Recreation, and Karen Szymula,
Legislative Affairs, City Council
On a motion by Robinson, seconded by Knapp, and unanimously adopted,
it was
#25-07 RESOLVED that the Minutes of the 1,576th Regular Meeting
of the Council held January 17, 2007 are hereby approved as submitted
City Clerk Val Vandersloot announced that the 2007 Pet Tags have
arrived in her office Livonia residents who own cats, dogs or ferrets can come in to
purchase them Residents are required to bring proof of updated rabies vaccinations
and pet licenses should be purchased before June 1, 2007 to avoid penalties
Robinson congratulated Jason Janicki of Troop #875 for becoming an
Eagle Scout on January 18, 2007 He also wished his grandmother a Happy Birthday
She turned 94 years old on Monday, January 29th
On a motion by Knapp, seconded by Taylor, it was
#26-07 RESOLVED, that having considered a communication from
the City Assessor, dated December 12, 2006, which bears the signature of
the Director of Finance and is approved for submission by the Mayor, and
L in accordance with Chapter VIII, Section 6 of the Charter of the City of
Regular Meeting Minutes of January 31, 2007 36064
Livonia, the Council does hereby determine to approve the following dates
for the Board of Review to conduct Public Hearings in 2007, which Public
Hearings are to be conducted in the Conference Room of the City
Assessor on the first floor of the Livonia City Hall, 33000 Civic Center
Drive, Livonia, Michigan 48154
First Session
Tuesday March 6, 2007 Organizational Meeting 9 00 a m — 1.00 p m
Friday March 9, 2007 900 a m — 12 00 p m 1 30 p m — 430 p m
Saturday March 10, 2007 9 00 a m — 1.00 p m
Second Session
Monday March 12, 2007 1 00 p m — 4 00 p m 5 30 p m — 9.00 p m
Tuesday March 13, 2007 9 00 a m — 12.00 p m 1 30 p m — 4 30 p m
Thursday March 15, 2007 9 00 a m — 12 00 p m 1 30 p m —4 30 p m
Friday March 16, 2007 9 00 a m — 12 00 p m 1 30 p m —4 30 p m
FURTHER, the Council does hereby determine that the daily rate of
compensation to be paid to the members of the Board of Review shall be
$120 00 for the Chairperson and $100 00 for other members
Pursuant to Public Act No 165, Public Acts of 1971, we hereby give notice
that the following tentative ratios and multipliers will be used to determine
the State Equalized Value (S E V ) for the year 2007
CLASS RATIO S.E.V. FACTOR (MULTIPLIER)
Agricultural 50 00 1 0000
Commercial 50 00 1 0000
Industrial 50 00 1 0000
Residential 50 00 1 0000
Personal 50 00 1 0000
#27-07 RESOLVED, that having considered a letter from the
Michigan Liquor Control Commission, dated August 25, 2006, and the
report and recommendation of the Chief of Police, dated January 4, 2007,
approved for submission by the Director of Public Safety and the Mayor,
the Council does hereby approve of the request from Fonte Business
Acquisition, LLC, for transfer of ownership of a 2006 Class C/SDM
licensed business with Sunday Sales from Fonte D'Amore, Inc., for a
business located at 32030 Plymouth Road, Livonia, Michigan, Wayne
County; FURTHER, the Council does hereby approve the request for a
new official permit (food) and to drop the existing SDM, and the City Clerk
is hereby requested to forward a certified copy of this resolution to the
Michigan Liquor Control Commission
Regular Meeting Minutes of January 31, 2007 36065
#28-07 RESOLVED, that having considered the report and
recommendation of the Chief of Police, dated December 22, 2006, which
bears the signature of the Director of Public Safety and the Director of
Finance and is approved for submission by the Mayor, the Council does
hereby authorize the purchase of eleven (11) replacement police vehicles
as follows
Ten (10) 2007 Ford Crown Victoria (Interceptor) Police Vehicles from
Signature Ford, 3942 Lansing Road, Perry, Michigan 48872, in the
amount of $19,764 00 each for a total amount of $197,640 00, through the
Macomb County consortium,
One (1) 2007 Dodge Charger Police Vehicle from Bill Snethkamp's
Lansing Dodge, 6131 S Pennsylvania Avenue, Lansing, Michigan 48911,
in the amount of $21,584 37, through the State of Michigan bidding
process,
FURTHER, the amount of $219,224 37 is hereby authorized to be
expended from funds already budgeted for this purpose in Account No
101-325-985-000, FURTHER, the Council does hereby determine to
authorize the said purchases without competitive bidding inasmuch as the
same is based upon the low Macomb County consortium and State of
Michigan bids 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
#29-07 RESOLVED, that having considered a communication from
the Superintendent of Parks and Recreation, dated January 8, 2007,
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 I D 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 aforesaid
communication per issue, for a one year period from April 1, 2007, through
March 31, 2008 for a total estimated cost of $50,000 00, said unit prices
having been in fact the only bid received and meets all specifications,
FURTHER, the Council does hereby authorize the expenditure of an
amount not to exceed $50,000 00 from Account No 101-707-904-000
(Parks and Recreation) and Account No 208-755-905-000 (Community
Recreation) for this purpose
#30-07 RESOLVED, that having considered a communication from
the Water and Sewer Board, dated January 9, 2007, which bears the
signature of the Director of Finance and is approved for submission by the
Mayor, and which transmits its resolution WS 3709 01/07, the Council
Regular Meeting Minutes of January 31, 2007 36066
does hereby accept the proposal received on November 20, 2006, from
Invensys Metering Systems, Inc., 1501 Ardmore Boulevard, Pittsburgh,
Pennsylvania 15221, to supply small diameter water meters, compound
water meters, fire line meters, testers and meter reading appurtenances
for the period January 1, 2007 through December 31, 2007, based upon
the unit prices set forth in the attachment therein and based upon no
increase over existing prices from 2006, FURTHER, the Council does
hereby authorize such expenditure from funds already budgeted in the
Water and Sewer Fund Inventory - Water Meters (Account No 592-111-
060) for this purpose, FURTHER, the Council does hereby authorize the
purchase of said items 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 140D4 of the
Livonia Code of Ordinances, as amended
#31-07 RESOLVED, that having a communication from the
Superintendent of Public Service, dated January 8, 2007, which bears the
signature of the Director of Finance and is approved for submission by the
Mayor, the Council does hereby accept the proposal to extend the 2006
bid of Ashton Tree Service, Inc., 30443 Industrial Road, Livonia, Michigan
48150, for completing all work required in connection with the 2007 Tree
and Stump Removal from City Park Sites Program for an estimated total
cost not to exceed $31,024 00, FURTHER, the Council does hereby
authorize an expenditure, without competitive bidding, in an amount not to
exceed $31,024 00 from funds already budgeted for this purpose in
Account No 205-527-818-045 (Municipal Refuse Fund Contractual
Services — Forestry), and the Superintendent of Public Service is hereby
authorized to approve minor adjustments in the work as it becomes
necessary
#32-07 RESOLVED, that having considered the report and
recommendation of the City Engineer, dated December 19, 2006,
approved for submission by the Mayor, with regard to a request from the
Wayne County Department of Public Service that the City take jurisdiction
and control of the entire on-site storm sewer collection system as part of
the construction of the American Montessori Academy at 14800 Middlebelt
Road, Livonia, Michigan, the Council does hereby determine as follows
1 To advise the Wayne County Department of Public Service (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 east side of Middlebelt Road,
south of Five Mile Road in the N W 1/4 of Section 24 (See
attached maintenance agreement from the owner, Middlebelt
Holdings, L L C , indicating their willingness to reimburse the City
for any such maintenance that may become necessary),
Regular Meeting Minutes of January 31, 2007 36067
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
#33-07 RESOLVED, that having considered the report and
recommendation of the City Engineer, dated January 3, 2007, which bears
the signature of the Director of Public Works and the Director of Finance
and is approved for submission by the Mayor, to which is attached a
summary outlining the final allocation of costs in connection with the 2003
Sidewalk Program authorized pursuant to Council Resolutions 393-03 and
104-03, the Council does hereby determine as follows
1 To establish the final project cost at $492,013 05 of which a total of
$124,483 58 is to be charged to the Single Lot Assessments and a
total of $367,529 47 is to be charged to the following City funds
$32,511 76 to the Major Road Account, $65,670 91 to the Local
Road Account, $244,968 60 to the Road, Sidewalk and Tree
Account No 204-441-818-104, $20,572 80 to the Unexpended
Fund Balance of the Water and Sewer Fund and $3,805 40 to the
Livonia Police Department Account No 265-334-987-000;
2 To authorize an additional appropriation and expenditure in the
amount of $18,726 60 from Account No 204-441-818-104 (Road,
Sidewalk and Tree Fund) to cover costs related to repairs of
sidewalk heaved by tree roots,
3 To authorize an additional appropriation and expenditure in the
amount of $9,972 80 from the Unexpended Fund Balance of the
Water and Sewer Fund for additional work related to repair of
various water main break locations,
4 To authorize an additional appropriation and expenditure in the
amount of $3,805 40 from the Livonia Police Department Account
No 265-334-987-000 for the installation of sidewalk from the Police
Department to the 16th District Court,
5 To authorize an additional appropriation and expenditure in the
amount of $18,594 58 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
Regular Meeting Minutes of January 31, 2007 36068
6 received from the payment of bills and assessments by affected
homeowners, and
To authorize final payment in the amount of $2,000 00 to Hard
Rock Concrete, 38146 Abruzzi Drive, Westland, Michigan 48185
for work related to Contract 03-B upon final release of the punch list
work by the Engineering Division
#34-07 RESOLVED, that having considered the report and
recommendation of the City Engineer, dated December 20, 2006, as
revised, which bears the signature of the Director of Public Works and the
Director of Finance and is approved for submission by the Mayor, to which
is attached a summary outlining the final allocation of costs in connection
with the 2006 Sidewalk Program authorized pursuant to Council
Resolution 184-06, the Council does hereby determine as follows
1 To establish the final project cost at $502,270.23 (includes the 10%
Engineering Division's administrative fee) of which a total of
$142,296 71 is to be charged to the Single Lot Assessments and a
total of $359,342 22 is to be charged to the Road, Sidewalk and
Tree Fund, Account No 204-441-818-104,
L
2 To authorize invoicing the Livonia Housing Commission in the final
amount of$631 30 for repairs at City owned houses,
3 To authorize an additional appropriation and expenditure in the
amount of $43,640 57 from Account No 204-441-818-104 (Road,
Sidewalk and Tree Fund) to cover additional slab replacements
related to repairs of sidewalks heaved by tree roots,
4 To authorize an additional appropriation and expenditure in the
amount of $9,716 36 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
homeowners, and
5 To authorize final payment in the amount of $3,000 00 to Joe
Rotondo Construction Corporation, 20771 Randall, Farmington
Hills, Michigan 48336 for work related to Contract 06-G upon final
release by the Engineering Division
#35-07 RESOLVED, that having considered a communication from
the City Planning Commission, dated October 20, 2006, which transmits
its resolution 10-114-2006, adopted on October 17, 2006, with regard to
Regular Meeting Minutes of January 31, 2007 REVISED 36069
Petition 2006-06-08-12 submitted by Lewandowski Engineers, on behalf of
Marathon Petroleum Company, requesting approval of all plans in
connection with a proposal to demolish and reconstruct the gas station
(Speedway) located at 33405 Plymouth Road in the Northeast 1/4 of
Section 33, pursuant to the provisions set forth in Section 18 47 of
Ordinance No 543, as amended, the Council does hereby concur in the
recommendation of the Planning Commission and Petition 2006-06-08-12
is hereby approved and granted, subject to the following conditions.
1 That the Site Plan marked 8800-CS dated June 16, 2006, as
revised and received by the Planning Commission on January
11, 2007, prepared by Marathon Petroleum Company, is hereby
approved and shall be adhered to, subject to any revisions as noted
below;
2 That this approval is subject to the petitioner being granted a
variance from the Zoning Board of Appeals for deficient parking and
deficient building (utility building) setback and any conditions
related thereto,
3 That the Landscape Plan marked L-1 dated January 9, 2007, as
revised, prepared by Landscape Architects, is hereby approved
4 and shall be adhered to,
That the height of the planted trees shall be measured from the top
of the root ball to the mid-point of the top leader;
5 That all disturbed lawn areas shall be sodded in lieu of
hydroseeding,
6 That underground sprinklers are to be provided for all landscaped
and sodded areas, and all planted materials shall be installed to the
satisfaction of the Inspection Department and thereafter
permanently maintained in a healthy condition,
7 That the Exterior Building Elevation Plans marked A-4 1 and A-4.2,
both dated January 6, 2006, as revised, prepared by Marathon
Petroleum Company, are hereby approved and shall be adhered to,
8 That the brick used in the construction shall be full-face 4 inch
brick,
9 That the three walls of the trash dumpster area shall be constructed
out of the same brick used in the construction of the building, and
the enclosure gates shall be metal and when not in use closed at all
times,
Regular MeetingMinutes of January 31, 2007 36070
10 That all rooftop mechanical equipment shall be relocated to ground
level and concealed from public view on all sides by either
screening that shall be of a compatible character, material and
color to other exterior materials on the building and/or landscaping,
11 That the gas pump island canopy shall not exceed 18 feet in height,
and its support columns shall be covered with the same brick used
in the construction of the building,
12 That the leading edge of the pump island canopy shall not be any
closer than 10 feet from the property line,
13 That the lights of the pump island canopy shall be recessed in such
a way that the intensity of the illumination is decreased,
14 That the petitioner shall secure the necessary storm water
management permits from Wayne County, the City of Livonia,
and/or the State of Michigan,
15 That all light fixtures shall not exceed 20 feet in height and shall be
aimed and shielded so as to minimize stray light trespassing across
property lines and glaring into adjacent roadway;
16 That the petitioner shall correct to the Police Department's
satisfaction the item outlined in the correspondence dated July 6,
2006,
17 No outside storage, placement or display of merchandise shall be
permitted at any time on this site, however, the foregoing
prohibition shall not apply to the display, on the pump islands only,
of oil based products as permitted in Section 11 04(a) of the Zoning
Ordinance,
18 That free air shall be provided at all times this station is open for
business The free air shall be dispensed at the point of service
without having to enter the station or the performance of any extra
action in order to obtain the air without charge,
19 That there shall be no outside propane cylinder storage units
permitted on the site,
20 That only conforming signage is approved with this petition, and
any additional signage shall be separately submitted for review and
approval by the Planning Commission and City Council,
Regular Meeting Minutes of January 31, 2007 36071
21 That no part of the pump island canopy fascia, with the exception of
the individual letter and logo signs, shall be illuminated,
22 That no LED lightband or exposed neon shall be permitted on this
site, including but not limited to, the pump island canopy, building or
around the windows,
23 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; and
24 Pursuant to Section 19 10 of Ordinance #543, the Zoning
Ordinance of the City of Livonia, this approval is valid for a period of
one year only from the date of approval by City Council, and unless
a building permit is obtained, this approval shall be null and void at
the expiration of said period
A roll call vote was taken on the foregoing resolutions with the following result:
AYES Godfroid-Marecki, Laura, Robinson, Taylor, Knapp, Meakin and
McCann
NAYS None
On a motion by Knapp, seconded by Robinson, and unanimously adopted,
it was
#36-07 RESOLVED, that having considered the report and
recommendation of the Committee of the Whole, dated January 30, 2007,
submitted pursuant to Council Resolution 591-06, and a communication
from the City Planning Commission, dated October 4, 2006, which
transmits its resolution 10-104-2006 with regard to Petition 2006-08-01-07,
adopted on October 3, 2006, submitted by Agree Limited Partnership,
requesting to rezone property at 17001 Newburgh Road, located on the
west side of Newburgh Road between Mallory Drive and Six Mile Road in
the Northeast 1/4 of Section 18 from C-1 to C-2, and having considered a
subsequent communication from David H Johns, Restaurant
Development Manager, dated January 18, 2007, withdrawing such
request, the Council does hereby determine to take no further action with
respect to this item
Communication from Mario Tartaglia of Valia, Inc. dated January 31,
2007, regarding improvements to be made to the property located at 36274 Five Mile
Regular Meeting Minutes of January 31, 2007 36072
Road (Aloha Party Store), was received and placed on file for the information of the
Council (Petition 2006-10-02-23)
On a motion by Taylor, seconded by Knapp, and unanimously adopted, it
was
#37-07 RESOLVED, that having considered the report and
recommendation of the Committee of the Whole, dated January 30, 2007,
submitted pursuant to Council Resolution 607-06, and a communication
from the City Planning Commission, dated November 16, 2006, which sets
forth its resolution 11-119-2006 adopted on November 14, 2006, with
regard to Petition 2006-10-02-23 submitted by Valia, Inc. requesting
waiver use approval to utilize an SDD license at 36274 Five Mile Road
(Aloha Market) located on the north side of Five Mile Road between Levan
Road and Golfview Drive in the Southeast 1/4 of Section 17, which
property is zoned C-2, the Council does hereby approve the
recommendation of the City Planning Commission and said Petition 2006-
10-02-23 is hereby approved and granted, subject to the following
conditions
1 That all liquor products allowed to be sold in connection with the
use of an SDD license at this location shall be displayed behind a
counter with no direct public access in accordance with the Floor
Plan submitted by Valia, Inc , as received by the Planning
Commission on October 10, 2006,
2 That metal gates shall be installed on the existing dumpster
enclosure located in the northwesterly portion of the subject
property;
3 That only conforming signage is approved with this petition, and
any additional signage shall be submitted for review and approval
by the Planning Commission and City Council,
4 That the use of LED lightbands or exposed neon, such as to outline
windows or building features, shall not be permitted on the site, and
5 That the specific plan referenced in this approved resolution shall
be submitted to the Inspection Department at the time of application
for the building permits and/or zoning compliance permits
Meakin gave first reading to the following Ordinance
Regular Meeting Minutes of January 31, 2007 36073
AN ORDINANCE AMENDING SECTION 010 OF TITLE 12,
CHAPTER 16 (PARKS AND PLAYGROUNDS) 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
Meakin took from the table, for second reading and adoption, the
following Ordinance
AN ORDINANCE AMENDING SUBSECTION (C)(5) OF SECTION
070 OF TITLE 2, CHAPTER 200 (ETHICS) OF THE LIVONIA
CODE OF ORDINANCES, AS AMENDED
A roll call vote was taken on the foregoing Ordinance with the following result:
AYES Godfroid-Marecki, Laura, Robinson, Taylor, Knapp, Meakin
and McCann
NAYS None
The President declared the foregoing Ordinance duly adopted, and would become
effective on publication
Taylor took from the table, for second reading and adoption, the
following Ordinance
AN ORDINANCE VACATING PORTIONS OF STREET, ALLEY
AND PUBLIC GROUND (Petition 2006-08-03-03)
A roll call vote was taken on the foregoing Ordinance with the following result:
AYES Godfroid-Marecki, Laura, Robinson, Taylor, Knapp, Meakin
and McCann
NAYS None
The President declared the foregoing Ordinance duly adopted, and would become
effective on publication
Regular Meeting Minutes of January 31, 2007 36074
Robinson took from the table, for second reading and adoption the
following Ordinance
AN ORDINANCE REPEALING CHAPTER 51 (MOTOR BUSES)
OF TITLE 5, OF THE LIVONIA CODE OF ORDINANCES, AS
AMENDED
A roll call vote was taken on the foregoing Ordinance with the following result:
AYES Godfroid-Marecki, Laura, Robinson, Taylor, Knapp, Meakin
and McCann
NAYS None
The President declared the foregoing Ordinance duly adopted, and would become
effective on publication
Robinson took from the table, for second reading and adoption, the
following Ordinance
AN ORDINANCE AMENDING CHAPTER 84 (TAXICABS AND
MOTOR VEHICLES FOR HIRE) OF TITLE 5 OF THE LIVONIA
CODE OF ORDINANCES, AS AMENDED
A roll call vote was taken on the foregoing Ordinance with the following result:
AYES Godfroid-Marecki, Laura, Robinson, Taylor, Knapp, Meakin
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 ADDING CHAPTER 45 (CONDUCT IN VICINITY
OF FUNERALS) TO TITLE 9 OF THE LIVONIA CODE OF
ORDINANCES, AS AMENDED
Regular Meeting Minutes of January 31, 2007 36075
A roll call vote was taken on the foregoing Ordinance with the following result:
AYES Godfroid-Marecki, Laura, Robinson, Taylor, Knapp, Meakin
and McCann
NAYS None
The President declared the foregoing Ordinance duly adopted, and would become
effective on publication
On a motion by Taylor, seconded by Knapp, and unanimously adopted, it
was
#38-07 RESOLVED, that having considered a communication from
the City Clerk, dated January 22, 2007, the Council does hereby
determine that the 1995 Optech Eagle voting equipment is surplus
property which is no longer used or needed for City purposes, FURTHER,
the Council does hereby authorize the disposal of such equipment by
donating same to another governmental entity
There was no audience communication at the end of the meeting
On a motion by Robinson, seconded by Laura, and unanimously adopted,
this 1,577th Regular Meeting of the Council of the City of Livonia was adjourned at 8 15
p m., January 31, 2007
Val Vandersloot, City Clerk