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HomeMy WebLinkAboutCOUNCIL MINUTES 2006-07-05 35802 MINUTES OF THE ONE THOUSAND FIVE HUNDRED SIXTY-FOURTH REGULAR MEETING OF JULY 5, 2006 On July 5, 2006, 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 Meakin led the Council in the recitation of the Pledge of Allegiance Roll was called with the following result: Brian Meakin, Terry Godfroid-Marecki, Thomas Robinson, Gerald Taylor, Donald Knapp, and James McCann Absent. Joe Laura, who was serving the City in another capacity Elected and appointed officials present: Jim Zoumbaris, Public Service, Mark Taormina, City Planner; Sean Kavanagh, City Attorney; Karen Tesner, Assistant City Clerk, Stan Dobis, Cable Commission and Ian Wilshaw, Planning Commission On a motion by Knapp, seconded by Robinson, and unanimously adopted, it was CR 330-06 RESOLVED, that the minutes of the 1,563rd Regular Meeting of the Council held June 26, 2006, are hereby approved as submitted During the audience communication portion of the agenda, Council Vice-President Knapp wished his nephew, Andrew Hall, a "Happy 2nd Birthday" Christopher Martin, 11037 Hubbard Road, addressed a resurfacing problem at the intersection of Capitol and Cavell, where his business is located On a motion by Robinson, seconded by Godfroid-Marecki, and unanimously adopted, it was Regular Meeting of July 5, 2006 35803 CR 331-06 RESOLVED, that having considered a request from Christopher Martin, regarding the current condition of the road resurfacing at the intersection of Capitol and Cavell, the Council does hereby refer this subject matter to the Administration for a report and recommendation A communication from the Department of Finance, dated June 20, 2006, re forwarding various financial statements of the City of Livonia for the month ending May 31, 2006, was received and placed on file for the information of the Council On a motion by Knapp, seconded by Meakin, and unanimously adopted, it was CR 332-06 RESOLVED, that having considered an application from Barbara Smith, 18760 Floral, dated June 12, 2006, requesting permission to close Floral, after the business parking lots south of Seven Mile Road to Clarita on Saturday, August 12, 2006, from 11 00 a 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, August 19, 2006, in the event of inclement weather, the action taken herein being made subject to the approval of the Police Department. CR 333-06 RESOLVED, that having considered an application from Lisa Damico, 33024 Martin, dated June 15, 2006, requesting permission to close Martin between Loveland and Westmore on Saturday, August 12, 2006, from 2 00 p m to 10 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. CR 334-06 RESOLVED, that having considered Petition 2006-06-03- 01, submitted by Lori Barnes, dated June 1, 2006, wherein a request is submitted for the vacating of a six foot utility easement located at her residence at 17417 Francavilla for the purpose of installing a swimming pool in the backyard, (Lot 182 in Francavilla Subdivision No 2) in the Southeast 1/4 of Section 9, and having considered the report and recommendation of the City Engineer, dated June 16, 2006, approved for submission by the Mayor, the Council does hereby refer this item to the City Planning Commission for action and recommendation in accordance with provisions of law and City ordinance 35804 Regular Meeting of July 5, 2006 CR 335-06 RESOLVED, that having considered a communication from the City Engineer, dated June 12, 2006, approved for submission by the Mayor, the Council does hereby approve the request of Tony Angelo Cement Construction Company, 46850 Grand River Avenue, Novi, Michigan 48374-1327 for the placement of a temporary portable concrete batch plant on the northwest section of the parking lot at the Livonia Mall, and which has been approved by the owners of Livonia Mall, (in connection with the Seven Mile Road Reconstruction Project) for the period July through mid-October, 2006, subject to the following conditions 1 Provide a Certificate of Insurance on all contractor operations 2 Hold harmless the City and its agents, as well as the owner of the property and its agents, for wrongdoing occurring on the site that are the direct result of the contractor's occupancy 3 Grade and restore the site to the owner's requirement, or better, directly upon completion of activities 4 Keep the premises dust free in accordance with the permit issued by the Michigan Department of Environmental Quality 5 Abide by all existing laws and regulations, both local and State, pertaining to erosion, siltation and pollution of watercourses 6 Obtain all necessary permits from the City of Livonia and abide by all local ordinances 7 Hours of operation shall be limited to the hours between 7 00 a m and 8.00 p m CR 336-06 RESOLVED, that having considered the report and recommendation of the City Engineer, dated June 19, 2006, which bears the signature of the Director of Finance, is approved as to form by the City Attorney, and is approved for submission by the Mayor, to which is attached an Agreement between the Michigan Department of Transportation and the City of Livonia for the reconstruction and resurfacing of Stark Road from Plymouth Road to Eastbound Schoolcraft Road and along Eastbound Schoolcraft Road from Stark Road to Farmington Road, the Council does hereby authorize the Mayor and City Clerk, for and on behalf of the City of Livonia, to execute this Agreement in the manner and form herein submitted, FURTHER, the Council does hereby appropriate and authorize the expenditure in the amount of $934,940 00 from the remaining balance in the General Obligation Road Improvement Bond Issue for this 35805 Regular Meeting of July 5, 2006 purpose, FURTHER, the Council does hereby appropriate and authorize the expenditure of additional funds from the Major Road Fund for this project, with the understanding that the City's share of this project is $522,800 00 (4322% of the total estimated cost for this project which is estimated to be $1,209,700 00) and the City will advance the amount of $412,140 00 to the Federal Government (with such amount of $412,140 00 to be reimbursed to the City of Livonia over the next four years [2007-2010]), and the City Clerk is hereby requested to forward a certified copy of this resolution, together with the signed agreement, to the Michigan Department of Transportation, and to do all other things necessary or incidental to the full performance of this resolution A roll call vote was taken on the foregoing resolution with the following result: AYES Meakin, Godfroid-Marecki, Robinson, Taylor, Knapp and McCann NAYS None Councilmember Taylor gave first reading to the following Ordinance AN ORDINANCE AMENDING SECTIONS 290 AND 340 OF TITLE 15, CHAPTER 40 (SWIMMING POOLS) 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 the next regular meeting Councilmember Taylor gave first reading to the following Ordinance 35806 Regular Meeting of July 5, 2006 AN ORDINANCE AMENDING SECTION 080 OF TITLE 8, CHAPTER 24 (NUISANCES) 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 the next regular meeting On a motion by Knapp, seconded by Godfroid-Marecki, and unanimously adopted, it was CR 337-06 RESOLVED, that the City Engineer having filed with the City Clerk a statement dated May 5, 2006, on all matters required by Section 3 08 060 of the Livonia Code of Ordinances, as amended, and a first public hearing having been held thereon on Monday, June 19, 2006, after due notice as required by Section 3 08 070 of said Code, and after careful consideration having been given to all such matters, the Council does hereby, pursuant to Section 3 08 080 of said Code (1) accept and approve said statement in all respects, (2) determine to make the improvement consisting of the installation of 100-watt high pressure sodium lights with colonial luminaries with underground wiring in the Harrison Woods Site Condominiums, located on the south side of Seven Mile Road between Lathers Avenue and Brentwood Avenue in the North 1/2 of Section 12, T 1 S , R 9 E , City of Livonia, Wayne County, Michigan, as described in said statement, and to defray the cost of such improvement by special assessment upon the property especially benefited in proportion to the benefits derived or to be derived, (3) approve the plans and specifications for said improvement as set forth in said statement dated May 5, 2006, (4) determine that the cost of such improvement shall be paid by special assessment upon the property especially benefited, (5) determine that the assessment made for such improvement shall be paid in annual installments, according to said statement; 35807 Regular Meeting of July 5, 2006 (6) designate the assessment district, describing the land and premises upon which special assessments shall be levied as follows Lots 1 to 18 both inclusive, of the Harrison Woods Site Condominiums, as recorded in the Wayne County Condo Plan #434, Liber 29280, Pages 663- 692, Wayne County Records, said development being part of the N 114 of Section 12, T 1 S , R. 9 E , City of Livonia, Wayne County, Michigan and also Parcel Numbers 045 03 0050 003 and 045 03 0047 002, (7) direct the City Assessor to prepare a special assessment roll in accordance with the Council's determination on said statements as prepared by the City Engineer dated May 5, 2006, and (8) that upon completion of said roll, the City Assessor shall attach thereto the certificate required by the provisions of Section 3 08 100 of the Livonia Code of Ordinances, as amended, and file the same with the City Clerk, who thereupon is directed to present the same to the City Council prior to the holding of the second public hearing thereon pursuant to Title 3, Chapter 8 of the Livonia Code of Ordinances On a motion by Knapp, seconded by Robinson, and unanimously adopted, this 1,564th Regular Meeting of the Council of the City of Livonia was adjourned at 8 10 p m , July 5, 2006 a-vL-1-,— .4 Val Vandersloot, City Clerk