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HomeMy WebLinkAboutCOUNCIL MINUTES 2006-02-22 15578 MINUTES OF THE ONE THOUSAND FIVE HUNDRED FIFTY-FIFTH REGULAR MEETING OF FEBRUARY 22, 2006 On February 22, 2006, the above meeting was held at the City Hall, 33000 Civic Center Drive, Livonia, Michigan, and was called to order by the Vice- President of the Council at 8 00 p m Councilmember Robinson deferred to Councilmember Taylor, who offered a moment of silence in honor of the recently deceased Edward H McNamara, former mayor of Livonia, who passed away on February 19, 2006 He recalled the many accomplishments of Edward H McNamara during his years as Councilmember and Mayor of the City of Livonia, and during his term of service as Wayne County Executive Roll was called with the following result: Thomas Robinson, Gerald Taylor, Brian Meakin, Terry Godfroid-Marecki and Don Knapp Absent Joe Laura and James McCann Elected and appointed officials present. Robert Schron, City Engineer; Mark Taormina, City Planner; Sean Kavanagh, City Attorney; Val Vandersloot, City Clerk, Karen Szymula, Director of Legislative Affairs, Jeff Bryant, Director of Economic Development; Stan Dobis, Cable Commission and Ian Wilshaw, Traffic and Cable Commissions On a motion by Robinson, seconded by Meakin, and unanimously adopted, it was CR 71-06 RESOLVED, that the minutes of the 1,554th Regular Meeting of the Council held February 8, 2006 are hereby approved as submitted On a motion by Taylor, seconded by Godfroid-Marecki, and unanimously adopted, it was Regular Meeting of February 22, 2006 35579 CR 72-06 RESOLVED, that the Council does hereby determine to consider the matter of renaming Livonia City Hall to Edward H McNamara City Hall, and refers this subject matter to the Committee of the Whole for its report and recommendation During the audience communication portion of the agenda, Councilmember Godfroid-Marecki wished Councilmember Taylor a "Happy Birthday", which he will celebrate on February 23 Council Vice-President Knapp announced that a Public Hearing for the following item will be held on Monday, March 6, 2006 at 7 00 P M , in the Auditorium of the Livonia City Hall, 33000 Civic Center Drive, Livonia, MI Proposed Special Assessment Street Lighting Project Cross Winds Estates Subdivision, N E 14/ of Section 4, located on the west side of Farmington Road, between Seven Mile Road and Norfolk Avenue Establishment of the Assessment Roll Council Vice-President Knapp also announced that a Public Hearing for the following item will be held on Monday, March 27, 2006 at 7 00 P M , in the Auditorium of the Livonia City Hall, 33000 Civic Center Drive, Livonia, MI Proposed Special Assessment Street Improvement Project Pickford Avenue, South of Seven Mile between Merriman and Middlebelt (Bainbridge to Hillcrest) Establishment of the Assessment Roll On a motion by Meakin, seconded by Godfroid-Marecki, it was CR 73-06 RESOLVED, that having considered a letter from Therese Vick, MOPS Sale Co-Coordinator, St. Edith and St. Kenneth Parishes, dated January 26, 2006, which requests permission to display 14" x 23" signs announcing the Mom-to-Mom Sale at St. Edith's Church to be conducted on Saturday, April 22, 2006, which signs shall be displayed at various locations in the City no earlier than Saturday, April 15, 2006, and removed no later than Saturday, April 22, 2006, as well as the placement of a 2' x 3' sign in front of the church, 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 CR 74-06 RESOLVED, that having considered a letter from Robert J Mercier, Group Car Sale Marketing Manager, on behalf of Enterprise Rent-A-Car and Livonia area Credit Unions, dated January 30, 2006, wherein a request is submitted to hold private "Member's' Only" one- day and two-day auto sales of used rental vehicles in the parking lots Regular Meeting of February 22, 2006 35580 at Co-op Services Credit Union, 29550 Five Mile Road, Livonia, Michigan 48154, on May 4 and 5, 2006, from 10 00 a m to 6 00 p m , at Parkside Credit Union, 36525 Plymouth Road, Livonia, Michigan 48150, on March 17, 2006, from 10 00 a m to 6.00 p m , and at Community Choice Credit Union, 15420 Farmington Road, Livonia, Michigan 48154, on May 19, 2006, from 10 00 a m to 6 00 p m , with the inventory to be placed on the credit union property on the day prior to the events and moved out promptly following the events, the Council does hereby approve of these one-day and two-day "Member's Only" used auto sales in the manner and form herein requested A communication from the Department of Finance, dated January 26, 2006, re the investment activity of City funds, excluding the City's pension funds, as required pursuant to the guidelines of the City Investment Policy, was received and placed on file for the information of the Council (CR 820-98) CR 75-06 RESOLVED, that having considered the report and recommendation of the Director of Inspection, dated January 27, 2006, which bears the signature of the Director of Finance and is approved for submission by the Mayor, the Council does hereby approve the extension of the Weed Cutting Contract 99-A, commencing January 1, 2006, and expiring on December 31, 2006, with Michigan Grounds Management, 14931 Farmington Road, Livonia, Michigan 48154, under the same rates, terms and conditions as the 1999 contract, FURTHER, the Council does hereby authorize an advance in the contract amount from the Municipal Refuse Fund Account for the purpose of making payments to the contractor as the work is completed, with the provision that the Municipal Refuse Fund Account be reimbursed as bills for weed cutting are collected, and the Director of Inspection is hereby authorized to approve minor adjustments in the work as it becomes necessary, and the City Clerk is hereby authorized to do all things necessary or incidental to the full performance of this resolution, FURTHER, the Council does hereby authorize the action herein without competitive bidding in accordance with Section 3 04 140D4 of the Livonia Code of Ordinances, as amended CR 76-06 RESOLVED, that having considered the report and recommendation of the Director of Public Works and the Superintendent of Public Service, dated February 2, 2006, 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 Rayco of Michigan, Inc , 19322 Gerald Street, Northville, Michigan 48167, for supplying the Public Service Division (Road Maintenance Section) with Regular Meeting of February 22, 2006 35581 one (1) stump grinder for a net price of $32,750 00, based on a total price of $38,750 00 less trade-in of $6,000 00, the same having been in fact the lowest bid received which meets all specifications, and the amount of $32,750 00 is hereby authorized to be expended from funds already budgeted in Account No 205-527-987-000 (Refuse Fund) for this purpose CR 77-06 RESOLVED, that having considered the report and recommendation of the Director of Public Works and the Superintendent of Public Service, dated January 24, 2006, 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 Commercial Lawnmower, 32098 Plymouth Road, Livonia, Michigan 48150, for supplying the Public Service Division with two (2) John Deere HPX Gators for a net price of $25,598 76, based on a total price of $29,248 76 less trade-ins of $3,650 00, the same to be expended from funds already budgeted for this purpose in Account No 101-446-987- 000 (Capital Outlay), 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 Agreement No 07160000446) 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 CR 78-06 RESOLVED, that having considered the report and recommendation of the Director of Public Works and the Assistant Superintendent of Public Service, dated January 19, 2006, which bears the signature of the Director of Finance and is approved for submission by the Mayor, the Council does hereby authorize a one-year extension of the contract with Great Lakes Sanitation, P 0 Box 631, Eastpointe, Michigan 48021, to provide portable toilet service for the 2006 season at the unit prices bid in their proposal dated March 11, 2003, with the understanding that such service shall also include hand washing stations at no cost at each of the special events where portable toilet service is provided and a lavatory trailer unit at the unit price of $300 00 for the Arts and Crafts Festival, FURTHER, the Council does hereby authorize this service 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, FURTHER, the Council does hereby authorize the expenditure of funds already budgeted from Account No 205-527-818-000 (Municipal Refuse Fund) for this purpose CR 79-06 RESOLVED, that having considered the report and recommendation of the City Engineer and the Director of Public Works, dated January 18, 2006, which bears the signature of the Director of Regular Meeting of February 22, 2006 35582 L Finance, and is approved for submission by the Mayor, the Council does hereby authorize a one-year extension of the contract with Michigan Joint Sealing, Inc , 30301 Navin, Livonia, Michigan 48152, for completing all work required in connection with the 2006 Pavement Joint and Crack Sealing Program for the estimated total cost of $150,000 00, FURTHER, the Council does hereby authorize an expenditure in the estimated total amounts of $120,000 00 from Account No 203-463-818-117 (Local Roads), and $30,000 00 from Account No 202-463-818-117 (Major Roads) from funds already budgeted for this purpose, FURTHER, the foregoing amounts are based upon the Engineering Division's estimate of units involved, and are subject to final payments based upon the actual units completed in accordance with the unit prices accepted in 2005, 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 CR 80-06 RESOLVED, that having considered a communication from the City Planning Commission, dated February 1, 2006, which transmits its resolution 01-09-2006, adopted on January 31, 2006, with regard to Petition 2005-11-02-23 submitted by Mid America Shows, Inc , requesting waiver use approval to conduct a carnival sponsored by the Livonia Mall Merchants Association consisting of amusement rides, games and food concessions from Thursday, May 4, 2006, through Sunday, May 14, 2006, inclusive, on property located on the north side of Seven Mile Road between Middlebelt Road and Purlingbrook Road in the Southeast 1/4 of Section 2, which property is zoned C-2, the Council does hereby concur in the recommendation of the Planning Commission and Petition 2005-11-02-23 is hereby approved and granted, subject to the following conditions 1 That the carnival shall be limited to the dates as specified by Mid America Shows, Inc , which are May 4, 2006, through May 14, 2006, inclusive, 2 That the proposed carnival operation shall be confined to the area as illustrated on the site plan submitted with this request; 3 That all rides, food concessions, booths and all other equipment and apparatus relating to the operation of the carnival shall be located at least 60 feet distant from the Seven Mile Road right- I. of-way line, 4 That all trucks and other transportation equipment shall be parked or stored within the northwesterly portion of the Livonia Regular Meeting of February 22, 2006 35583 Mall parking lot, but no closer than 100 feet from the west property line abutting the Ziegler Place site or 250 feet from the south property line abutting Hunters Brook Condominiums, 5 That there shall be no motors running on the stored trucks during late hours, especially between 11 00 p m and 7T00 a m , including motors on any refrigeration trucks, 6 That there shall be no living quarters at the location of the stored trucks, 7 That adequate access to nearest local hydrants shall be provided for firefighting and that adequate access shall be provided for medical units and personnel, 8 That adequate security shall be provided to insure a safe and orderly event, 9 That temporary fences/barricades shall be placed along north, east and west perimeters to prevent pedestrians/children from walking or running into traffic areas, and 10 That the hours of operation of the carnival shall be as stated in a letter dated November 7, 2005, from James K Wegerly, Vice President of Mid America Shows, Inc , which has been approved by the Police Department. CR 81-06 RESOLVED, that having considered a communication from the City Planning Commission, dated February 2, 2006, which transmits its resolution 01-10-2006, adopted on January 31, 2006, with regard to Petition 2005-12-02-24 submitted by Flemings/Great Lakes- 1, Limited Partnership, requesting waiver use approval to construct and operate a full service free-standing restaurant located at 17400 Haggerty Road, on the east side of Haggerty Road between Six Mile Road and Seven Mile Road in the Southwest 1/4 of Section 7, which property is zoned C-2, the Council does hereby concur in the recommendation of the Planning Commission and Petition 2005-12-02- 24 is hereby approved and granted, subject to the following conditions 1 That the Site Plan prepared by Nelsen Architects, Inc , dated February 13, 2006, as revised, is hereby approved and shall be adhered to, 2 That the Landscape Plan marked Sheet L-1 prepared by J Eppink Partners, Inc , with a submission date of November 28, 2005, is hereby approved and shall be adhered to, Regular Meeting of February 22, 2006 35584 3 That all disturbed lawn areas shall be sodded in lieu of hydroseeding, 4 That underground sprinklers shall 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, 5 That the South and East Building Elevations Plan and the North and West Building Elevations Plan prepared by Nelsen Architects, Inc , both dated February 13, 2006, as revised, are hereby approved and shall be adhered to, 6 That the maximum number of customer seats shall not exceed 294, including 262 interior seats and 32 exterior patio seats, 7 That the dumpster enclosure shall be constructed of CMU units with a stucco exterior finish to match the building and shall have metal gates which, when not in use, shall be closed at all times, 8 That all rooftop mechanical equipment shall be concealed from public view on all sides by screening that shall be of a compatible character, material and color to other exterior materials on the building, 9 That all pole mounted light fixtures shall be shielded and shall not exceed a maximum height of 20 feet above grade, 10 That all parking spaces shall be double striped, 11 That wall signage shall be limited to the signs portrayed on the Building Elevation Plans, subject to any variance that may be needed from the Zoning Board of Appeals and any conditions pertaining thereto Any additional signage shall be separately submitted for review and approval by the Planning Commission and City Council, 12 That no LED lightband or exposed neon shall be permitted on this site, including but not limited to, the building or around the windows, 13 That this approval shall incorporate the stipulation contained in the correspondence dated January 16, 2006, from the Traffic Bureau, Regular Meeting of February 22, 2006 35585 14 That sound levels of any outdoor speakers shall be kept to a reasonable minimum so as to not become objectionable, and 15 That the specific plans referenced in this approving resolution shall be submitted to the Inspection Department at the time of application for the building permits A roll call vote was taken on the foregoing resolutions with the following result: AYES Robinson, Taylor, Meakin, Godfroid-Marecki and Knapp NAYS None Councilmember Robinson took from the table, for second reading and adoption, the following Ordinance AN ORDINANCE AMENDING CHAPTER 22 (INDECENT AND IMPROPER CONDUCT) OF TITLE 9 OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED A roll call vote was taken on the foregoing Ordinance with the following result: AYES Robinson, Taylor, Meakin, Godfroid-Marecki and Knapp NAYS None The President declared the foregoing Ordinance duly adopted, and would become effective on publication A communication from the Economic Development Director, dated January 30, 2006, - Administrative Reply - re the subject of proactively creating Industrial Development Districts on a larger scale for vacant buildings within the City, was received and placed on file for the information of the Council (CR 587-05) On a motion by Robinson, seconded by Taylor, and unanimously adopted, it was law Regular Meeting of February 22, 2006 35586 CR 82-06 RESOLVED, that having considered the report and recommendation of the Economic Development Director, dated January 30, 2006, approved for submission by the Mayor, in connection with the subject of proactively creating Industrial Development Districts on a larger scale for vacant buildings within the City, the Council does hereby refer the creation of six (6) Industrial Development Section-overlay districts for City of Livonia Sections 25, 26, 27, 28, 29 and 30 to the Finance, Insurance and Budget Committee for its report and recommendation Wes Graff, Director of Livonia Chamber of Commerce, addressed the Council and recommended approval of the Industrial Development Section-Overlay Districts for the City of Livonia On a motion by Robinson, seconded by Taylor, and unanimously adopted, it was CR 83-06 RESOLVED, that having considered the report and recommendation of the Economic Development Director, dated January 30, 2006, approved for submission by the Mayor, in connection with the subject of proactively creating Industrial Development Districts on a larger scale for vacant buildings within the City, the Council does hereby refer the subject of revisiting the City's Tax Incentive Policy in connection with Industrial Development Districts to the Finance, Insurance and Budget Committee for its report and recommendation Lorrie Bishell, a representative from FiberTower Corporation, 100 W Big Beaver Road, Troy, MI 48084, inquired as to whether a letter from Police Chief Stevenson and Communications Supervisor Joe Sellinger, relative to leasing space on the Police Communications Tower, had been received by the Councilmembers A communication from the Division of Police, dated February 17, 2006, re no objection to the proposal from FiberTower Corporation relative to leasing space on the Police Communications Tower, was received and placed on file for the information of the Council On a motion by Taylor, seconded by Godfroid-Marecki, and unanimously adopted, it was Regular Meeting of February 22, 2006 35587 CR 84-06 RESOLVED, that having considered a communication from the Department of Law, dated February 6, 2006, which bears the signature of the Director of Finance and is approved for submission by the Mayor, to which is attached a Proposed Lease Agreement between the City of Livonia and FiberTower Corporation, a Delaware company, 185 Berry Street, Suite 4800, San Francisco, California 94107, for a period of five years, with the option of five (5) additional and separate, successive five (5) year renewal periods, for use of a portion of the communications tower located at the police station at the monthly rent of $300 00 to be paid to the City (which amount shall be increased by 10% every five years), 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 things necessary or incidental to the full performance of this resolution On a motion by Taylor, seconded by Godfroid-Marecki, and unanimously adopted, it was CR 85-06 RESOLVED, that having considered a communication from the Mayor, dated February 13, 2006, concerning the reappointment of Audrey Greenleaf to the Board of Ethics, and pursuant to Section 2.200 070 of the Livonia Code of Ordinances, as amended, the Council does hereby consent to and confirm the reappointment of Audrey Greenleaf, 37721 Bristol, Livonia, Michigan 48154, to the Board of Ethics for a three year term commencing March 1, 2006 and expiring March 1, 2009 On a motion by Godfroid-Marecki, seconded by Meakin, and unanimously adopted, it was CR 86-06 RESOLVED, that having considered a communication from the Mayor, dated February 13, 2006, concerning the reappointment of Jacob Ghannam to the Board of Ethics, and pursuant to Section 2 200 070 of the Livonia Code of Ordinances, as amended, the Council does hereby consent to and confirm the reappointment of Jacob Ghannam, 35202 Curtis, Livonia, Michigan 48152, to the Board of Ethics for a three year term commencing March 1, 2006 and expiring March 1, 2009 Regular Meeting of February 22, 2006 35588 On a motion by Meakin, seconded by Robinson and unanimously adopted, this 1,555th Regular Meeting of the Council of the City of Livonia was adjourned at 8 20 p m , February 22, 2006 lbw Val Vandersloot, City Clerk