HomeMy WebLinkAboutCOUNCIL MINUTES 2006-04-12 35644
MINUTES OF THE ONE THOUSAND FIVE HUNDRED FIFTY-EIGHTH
REGULAR MEETING OF APRIL 12, 2006
On April 12, 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 delivered the invocation
Roll was called with the following result: Brian Meakin, Terry
Godfroid-Marecki, Joe Laura, Thomas Robinson, Gerald Taylor, Donald Knapp and
James McCann
Absent: None
Elected and appointed officials present. Mayor Jack Engebretson,
Robert Schron, City Engineer; Mark Taormina, City Planner; Sean Kavanagh, City
Attorney; Val Vandersloot, City Clerk, Karen Szymula, Director of Legislative Affairs,
Michael Slater, Director of Finance, Robert Biga, Director of Human Resources, Dan
Putman, Director of Information Systems, Ian Wilshaw, Traffic and Cable
Commissions and Yvonne Lillibridge, President of Union Local 192
On a motion by Taylor, seconded by Robinson, and unanimously
adopted, it was
CR 152-06 RESOLVED, that the minutes of the 1,557th Regular
Meeting of the Council held March 22, 2006 are hereby approved as
submitted
During the audience communication portion of the agenda at the
beginning of the meeting, Councilmember Robinson introduced Pamela Ochodnicky,
8942 Laurel Avenue Ms Ochodnicky spoke to the Council and the audience on
behalf of fundraising for helping to find a cure for blood cancers To make a
contribution to this worthy cause, she gave the following website address
http.//www.active.com/donate/hfdmi/pochodnicky
City Clerk Val Vandersloot announced that absentee voter applications
are available for the May 2, 2006 School Election Residents must contact the City
Clerk's Office to request the absentee voter applications because a recent Wayne
Regular Meeting of April 12, 2006 35645
County Circuit Court decision forbids automatic mailing of these applications Voters
can obtain applications at the City Clerk's counter, at the Senior Citizen Center, on
the City website, or by calling (734) 466-2121, the absentee voter hotline Senate
Bill 746 has been introduced to establish a uniform process for all Clerks in Michigan
to use for the mailing of these applications
Council President McCann announced that Public Hearings for the
following items will be held on Wednesday, May 17, 2006 at TOO p m , in the
Auditorium of the Livonia City Hall, 33000 Civic Center Drive, Livonia, MI
ITEM
1 Petition 2006-02-01-01 submitted by Dilip Dey, R.P.T requesting to rezone
the property at 29945 and 29929 Six Mile Road, located on the south side of
Six Mile Road between Oporto Avenue and Middlebelt Road in the Northeast 1/4
of Section 14, from RUFA to OS and P (CPC Denied 4-4-06)
2 Petition 2006-02-01-02 submitted by Pietro Bevacqua of Bevacqua
Building Company requesting to rezone the property at 29965 Six Mile Road,
located on the south side of Six Mile Road between Oporto Avenue and
Middlebelt Road in the Northeast 1/4 of Section 14, from RUFA to OS (CPC
Denied 4-4-06)
Yvonne Lillibridge, President of Union Local 192 and a Livonia
resident, 11263 Stark Road, spoke to the Council about the Union's concerns
relative to the current status of the contract negotiations between Local 192 and the
City of Livonia as well as vacancies in union positions
A communication from the Department of Finance, dated March 9,
2006, re forwarding various financial statements of the City of Livonia for the month
ending December 31, 2005, was received and placed on file for the information of
the Council
A communication from the Department of Finance, dated March 16,
2006, re forwarding various financial statements of the City of Livonia for the month
ending January 31, 2006, was received and placed on file for the information of the
Council
Regular Meeting of April 12, 2006 35646
A communication from the Department of Finance, dated March 23,
2006, re forwarding various financial statements of the City of Livonia for the month
ending February 28, 2006, was received and placed on file for the information of the
Council
On a motion by Knapp, seconded by Godfroid-Marecki, it was
CR 153-06 RESOLVED, that having considered an application from
Deborah Meade, 19909 St. Francis, dated February 22, 2006,
requesting permission to close Pembroke between St. Francis and
Deering on Saturday, June 10, 2006, from 10 00 a m to 1000 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 154-06 RESOLVED, that the Council does hereby refer the
subject of block parties and guidelines for future requests to the
Committee of the Whole for its report and recommendation
CR 155-06 RESOLVED, that having considered a letter from Louis
1. Fox, Show Chairman of the Livonia Wood Carvers Club, dated March
20, 2006, which requests permission to display temporary advertising
signs for their Annual Woodcarving Show to be conducted at
Monaghan Knights of Columbus, 19801 Farmington Road, Livonia, on
Saturday, August 5, 2006, which signs will be 18" x 22" in size and will
be displayed from July 30 through August 5, 2006, at various locations
in the City, the Council does hereby approve and grant 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 156-06 RESOLVED, that having considered a communication
from the City Clerk, dated March 20, 2006, forwarding an application
submitted by Pal Kokity, 24036 Currier Street, Dearborn Heights,
Michigan 48125, for a therapeutic massage permit and in accordance
with Ordinance No 2687, effective December 12, 2004, the Council
does hereby approve this request in the manner and form herein
submitted, and the City Clerk is hereby requested to do all things
necessary or incidental to the full performance of this resolution
CR 157-06 RESOLVED, that having considered a communication
from the City Clerk, dated March 23, 2006, forwarding an application
submitted by Katrine Sheree Jackson, 14172 Merriman Road, Livonia,
Michigan 48154, for a motor vehicle for hire license to provide
Regular Meeting of April 12, 2006 35647
transportation services for school-aged children and to operate under
the name of "Kids Door 2 Door Service, which business is located at
30951 Five Mile Road, #126, Livonia, Michigan 48154, and in
Clap accordance with Chapter 5 84 of the Livonia Code of Ordinances, the
Council does hereby approve this request in the manner and form
herein submitted, and the City Clerk is hereby requested to do all
things necessary or incidental to the full performance of this resolution
CR 158-06 RESOLVED, that the Council does hereby refer the
subject of the Taxicab Ordinance (Chapter 5 84 of the Livonia Code of
Ordinances) and how it applies to child care transportation to the
Legislative Committee for its report and recommendation
CR 159-06 RESOLVED, that having considered a communication
from the City Assessor, dated March 21, 2006, approved for
submission by the Mayor, with regard to a request from Leo Soave,
20592 Chestnut Drive, Livonia, Michigan 48152, and in accordance
with the provisions of 1967 PA 288, as amended, as well as Section
18 46 of Ordinance No 543, as amended, the Council does hereby
approve of the proposed division of Tax Item No 46-093-99-0012-000
into four parcels, including a parcel for the dedication of road right-of-
way (Taylor Boulevard), the legal descriptions of which shall read as
follows
PARCEL D
Part of the N E 'A of Section 24, T 1 S , R 9 E , City of Livonia, Wayne
County, Michigan, described as beginning at a point distant South 89
degrees 49 minutes 00 seconds West 658 00 feet, and South 00
degrees 19 minutes 30 seconds East 1075 00 feet from the N E
corner of said Section 24, and proceeding thence South 00 degrees 19
minutes 30 seconds East 80 00 feet; thence South 89 degrees 49
minutes 00 seconds West 361 40 feet; thence North 00 degrees 24
minutes 15 seconds West 80 00 feet, thence North 89 degrees 49
minutes 00 seconds East 361 50 feet to the point of beginning
Containing 0 66 Acres
PARCEL E
Part of the N E 1/4 of Section 24, T 1 S , R 9 E , City of Livonia, Wayne
County, Michigan, described as beginning at a point distant South 89
degrees 49 minutes 00 seconds West 658 00 feet, and South 00
degrees 19 minutes 30 seconds East 1075 00 feet, and South 89
degrees 49 minutes 00 seconds West 361 50 feet from the N E corner
*" of said Section 24, and proceeding thence South 00 degrees 24
Regular Meeting of April 12, 2006 35648
minutes 15 seconds East 80 00 feet, thence South 89 degrees 49
minutes 00 seconds West 120 00 feet, thence North 00 degrees 24
minutes 15 seconds West 80 00 feet; thence North 89 degrees 49
minutes 00 seconds East 120 00 feet to the point of beginning
Containing 0 22 Acres
PARCEL F
Part of the N E 1/4 of Section 24, T 1 S , R 9 E , City of Livonia, Wayne
County, Michigan, described as beginning at a point distant South 89
degrees 49 minutes 00 seconds West 658 00 feet, and South 00
degrees 19 minutes 30 seconds East 1075 00 feet, and South 89
degrees 49 minutes 00 seconds West 541 50 feet from the N E corner
of said Section 24, and proceeding thence South 00 degrees 24
minutes 15 seconds East 80 00 feet; thence South 89 degrees 49
minutes 00 seconds West 120 00 feet, thence North 00 degrees 24
minutes 15 seconds West 80 00 feet, thence North 89 degrees 49
minutes 00 seconds East 120 00 feet to the point of beginning
Containing 0 22 Acres
ROAD PARCEL
Part of the N E 1/ of Section 24, T 1 S , R 9 E , City of Livonia, Wayne
County, Michigan, described as beginning at a point distant South 89
degrees 49 minutes 00 seconds West 658 00 feet, and South 00
degrees 19 minutes 30 seconds East 1075 00 feet, and South 89
degrees 49 minutes 00 seconds West 481 50 from the N E corner of
said Section 24, and proceeding thence South 00 degrees 24 minutes
15 seconds East 80 00 feet, thence South 89 degrees 49 minutes 00
seconds West 60 00 feet, thence North 00 degrees 24 minutes 15
seconds West 80 00 feet; thence North 89 degrees 49 minutes 00
seconds East 60 00 feet to the point of beginning Containing 0 11
Acres
as shown on the map attached to the aforesaid communication which
is made a part hereof by reference, FURTHER, in accordance with
Section 16 32 030 of the Livonia Code of Ordinances, as amended,
and Section 18 46 of Zoning Ordinance No 543, as amended, the
Council does hereby waive the minimum lot width and maximum
depth-to-width requirements set forth in Zoning Ordinance No 543, as
amended, with respect to this property division, FURTHER, the Council
does hereby find that a) the proposed lots substantially comply with the
otherwise applicable lot width requirements, and b) the proposed lots
would be consistent with the size, shape and width of lots existing in
the vicinity of the proposed split; and the City Clerk is hereby
Regular Meeting of April 12, 2006 35649
requested to cause a certified copy of this resolution to be recorded in
the Office of the Wayne County Register of Deeds
CR 160-06 RESOLVED, that having considered the report and
recommendation of the Director of Finance, dated March 7, 2006,
approved for submission by the Mayor, requesting that the designation
of authorized depositories be approved to allow the City to collect
property tax payments and water bills, as well as to purchase
Certificates of Deposit at these locations, and in accordance with
Chapter VII, Section 11 of the City Charter, the Council does hereby
approve of the designation of authorized depositories as set forth in the
aforementioned report in the manner and form herein submitted
CR 161-06 RESOLVED, that having considered the report and
recommendation of the Chief of Police, dated March 21, 2006, which
bears the signatures 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 four (4) unmarked police
vehicles as follows
One (1) 2006 Chevrolet vehicle from Buff Whelan Chevrolet, 40445
Van Dyke, Sterling Heights, Michigan 48313, in the amount of
$23,623 41, through the Oakland County consortium,
One (1) 2006 Chrysler vehicle from Golling Chrysler Jeep, 2405 S
Telegraph Road, Bloomfield Hills, Michigan 48302, in the amount of
$22,470 00, through the Oakland County consortium, and
Two (2) 2006 Dodge vehicles from Slingerland Chrysler Dodge, 3640
E M-21, Corunna, Michigan 48817, in the amount of $21,244 68 each,
for a total amount of $42,489 36, through the Macomb County
consortium,
FURTHER, the amount of $88,582 77 is hereby authorized to be
expended from funds already budgeted for this purpose in Account No
265-334-985-000 (Federal Forfeiture Account), FURTHER, the
Council does hereby determine to authorize the said purchases without
competitive bidding inasmuch as the same is based upon the low
Oakland County and Macomb County consortium 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,
FURTHER, the Council does hereby authorize the disposal of four
used vehicles at auction in connection with this matter
Regular Meeting of April 12, 2006 35650
CR 162-06 RESOLVED, that having considered a communication
from the Director of Community Resources and the Chairperson of the
Historical Commission, dated March 7, 2006, which bears the
signature of the Director of Finance and is approved for submission by
the Mayor, to which is attached a letter from Patrick R Sturdy, on
behalf of J C I F , requesting permission to hold an Irish Festival at
Greenmead on Saturday, September 23, 2006, from 11 00 a m to 9 00
p m and Sunday, September 24, 2006, from 9 00 a m to 6.00 p m ,
the Council does hereby grant permission as requested, the action
taken herein being subject to the following conditions
1 That the JCIF and all equipment operators shall provide the
City of Livonia with appropriate insurance policies naming the
City of Livonia as additional insured with liability coverage of $1
million, and all certificates of insurance shall be submitted to the
Department of Law for approval by the City prior to the event;
2 That the JCIF and any vendors involved in the sale of beer or
wine on Greenmead property shall provide the City of Livonia
with an insurance policy naming the City of Livonia as additional
insured with liquor liability coverage in the amount of $1 million,
such certificate to be submitted to the Department of Law for
approval by the City prior to the event;
3 That the JCIF shall execute a hold harmless agreement in
favor of the City of Livonia in a manner and form acceptable to
the Department of Law;
4 That all vendors must obtain transient merchant licenses from
the City of Livonia prior to the event, and all necessary licenses
and permits from state and county agencies prior to the event,
5 That the JCIF shall pay the police fee as stated on the City of
Livonia Fees/Waivers IV Category Grid as established in
Council Resolution 660-03, adopted on December 17, 2003,
FURTHER, the Council does hereby approve the proposed flat rate fee
of $3,000 00 as set forth in the attachment to the aforementioned
correspondence from the JCIF for use of the property; and with the
further understanding that the Historical Commission will have the
opportunity to realize additional profits from operating a food booth,
advanced ticket sales and sales from gift shop operations, FURTHER,
JCIF will be responsible for handling parking and will be entitled to
retain parking fees
Regular Meeting of April 12, 2006 35651
CR 163-06 RESOLVED, that having considered the report and
recommendation of the Director of the Housing Commission, dated
February 24, 2006, which bears the signature of the Director of
Finance and is approved for submission by the Mayor, and to which is
attached a report containing an explanation of the 2006-2007
Community Development Block Grant (CDBG) Program and Budget,
the Council does hereby take this means to indicate its informal
approval of the proposed program and tentative budget and does
further authorize the Housing Commission to conduct a second public
hearing on this matter for public comment and to thereafter prepare a
final program and budget for submission to the City Council
CR 164-06 RESOLVED, that having considered a communication
from the Water and Sewer Board, dated March 7, 2006, which bears
the signature of the Finance Director and is approved for submission
by the Mayor, which transmits its resolution WS 3650 03/06, wherein
the Board concurs in the recommendation made by the Public Utility
Manager in a letter dated February 6, 2006, attached thereto, the
Council does hereby accept the bid of Motor City Trucks, 39300
Schoolcraft Road, Livonia, Michigan 48150, for supplying the Public
Service Division (Water and Sewer Section) with one (1) 2007 Sterling
tandem axle dump truck, Model LT8513, for a net price of $65,490 00,
based on a total price of $86,490 00 less trade-in of $21,000 00, the
same having been in fact the lowest and only bid received and meets
all specifications, FURTHER, the Council does hereby authorize an
expenditure in the amount of $65,490 00 from funds already budgeted
for this purpose in Account No 592-559-142-000 (Water and Sewer
Section Capital Outlay)
A petition with signatures from several individuals, received April 11,
2006, re requesting a cul-de-sac be installed at the end of Taylor Boulevard,
relative to a requested lot split at 14933 Cavell, was received and placed on file for
the information of the Council (Agenda Item #5)
An e-mail communication from the Director of Public Safety, dated
April 10, 2006, re the purchase of four unmarked police vehicles, was received and
placed on file for the information of the Council (Agenda Item #7)
Regular Meeting of April 12, 2006 35652
Russell Barnes, 14801 Cavell, spoke to Council and inquired about a
road that had been installed on Taylor Boulevard before the lot split had been
approved by Council at tonight's meeting, and also requested that a cul-de-sac be
installed on Taylor Boulevard, relative to a requested lot split at 14933 Cavell
Agenda Item #5)
A roll call vote was taken on the foregoing resolutions with the following result:
AYES Meakin, Godfroid-Marecki, Laura, Robinson, Taylor, Knapp
and McCann
NAYS None
On a motion by Meakin, seconded by Laura, it was
CR 165-06 RESOLVED, that having considered the report and
recommendation of the Capital Improvement Committee, dated March
28, 2006, submitted pursuant to Council Resolution 95-06, in
connection with the proposed upgrade of New World Computer
Software, the Council does hereby accept the proposal of New World
Systems, Inc , 888 Big Beaver Road, Suite 600, Troy, Michigan 48084,
to provide the City with software upgrades (as detailed in a
communication from the Director of Information Systems dated
February 15, 2006), in the amount of $560,000 00, FURTHER, the
Council does hereby authorize the Finance Department to purchase
the necessary computer hardware and operating systems for this
project under the State of Michigan bid pricing in an amount not to
exceed $50,000 00, to solicit requests for proposals for third party
Project Management Services, and to negotiate a proposed contract
with BS&A for conversion of the tax system, FURTHER, the Council
does hereby authorize the following amounts to be appropriated and
expended from the following accounts as follows
Major Roads Fund (202) $ 29,200 00
Local Roads Fund (203) 58,400 00
Refuse Fund (205) 80,300 00
Community Recreation Fund (208) 43,800 00
Water and Sewer Fund (592) 197,100 00
Capital Projects Fund (401) 240,200 00
Regular Meeting of April 12, 2006 35653
FURTHER, the Council does hereby approve the expenditure of
$81,000 00 already budgeted for this purpose from Account No 101-
915-944-000 (General Fund - Information Systems), and the Mayor
and City Clerk are hereby authorized, for and on behalf of the City of
Livonia, to execute a contract with New World Systems, and to do all
other things necessary or incidental to the full performance of this
resolution, FURTHER, the Council does hereby authorize such action
without competitive bidding and is taken in accordance with Section
3 04 140D 2 and 4 of the Livonia Code of Ordinances, as amended
A roll call vote was taken on the foregoing resolution with the following result.
AYES Meakin, Godfroid-Marecki, Laura, Taylor, Knapp and McCann
NAYS Robinson
The President declared the resolution duly adopted
The following City of Livonia employees, some of which are also City of
Livonia residents, spoke in opposition to the purchase of new software for the New
World computer program
Ken Grzembski 9031 Laurel
Arica Flores 33034 Benson, Westland
Dave Benson 1958 Hardy
Yvonne Lillibridge 11263 Stark Road
Council Vice-President Knapp left the podium at 8 38 p m to avoid a perceived
conflict of interest.
Councilmember Godfroid-Marecki took from the table, for second
reading and adoption, the following Ordinance
AN ORDINANCE AMENDING ZONING
ORDINANCE NO 543, AS AMENDED, KNOWN
AND CITED AS "THE CITY OF LIVONIA ZONING
ORDINANCE" BY ADDING SECTION 3
THERETO (Petition 2005-04-01-03)
A roll call vote was taken on the foregoing Ordinance with the following result:
AYES Meakin, Godfroid-Marecki, Laura, Robinson, Taylor
and McCann
NAYS None
Regular Meeting of April 12, 2006 35654
The President declared the foregoing Ordinance duly adopted, and would
become effective on publication
On a motion by Godfroid-Marecki, seconded by Meakin, it was
CR 166-06 RESOLVED, that having considered a communication
from the City Planning Commission, dated March 13, 2006, which
transmits its resolution 03-30-2006, adopted on March 7, 2006, with
regard to Petition 2006-01-08-02 submitted by Cade Investment, on
behalf of Cade Meadows Site Condominiums, requesting approval of
the Master Deed, bylaws and site plan in connection with a proposal to
construct a site condominium development on property located at
36905 Ann Arbor Trail, on the south side of Ann Arbor Trail between
Newburgh Road and Dowling Avenue in the Northwest 1/4 of Section
32, pursuant to the provisions set forth in Section 18 62 of Ordinance
No 543, as amended, the Council does hereby concur in the
recommendation of the Planning Commission and Petition 2006-01-08-
02 is hereby approved and granted, subject to the following conditions
1 That the Master Deed and bylaws comply with the requirements
of the Subdivision Control Ordinance, Title 16, Chapter 16 04-
16 40 of the Livonia Code of Ordinances, and Article XX,
Section 20 01-20 06 of Zoning Ordinance No 543, except for
the fact the following shall be incorporated
• That the first floor of each condominium unit shall be brick
or stone, on all four (4) sides, and the total amount of brick
or stone on each two-story unit shall not be less than 65%
and not less than 80% on one-story dwellings,
• That all exterior chimneys shall be brick,
2 That the brick used in the construction of each condominium
unit shall be full face four (4) inch brick,
3 That streetlights and sidewalks shall be installed throughout the
development to the satisfaction of the Engineering Division,
4 In the event of a conflict between the provisions set forth in the
Master Deed and bylaws and the requirements set forth in the
City of Livonia Zoning Ordinance No 543, as amended, the
Zoning Ordinance requirements shall prevail and petitioner shall
comply with the Zoning Ordinance requirements,
Regular Meeting of April 12, 2006 35655
5 That the petitioner shall include language in the Master Deed
and bylaws or a separate recordable instrument wherein the
condominium association shall reimburse the City of Livonia for
any maintenance or repair costs incurred for the storm water
detention/retention and outlet facilities, and giving the City of
Livonia the right to impose liens on each lot owner's property
prorata and place said charges on their real estate tax bills in
the event said charges are not paid by the condominium
association (or each lot owner) within thirty (30) days of billing
for the City of Livonia,
6 That the Site Plan marked Sheet 1 of 2 dated December 12,
2005, prepared by South Hill Construction Company, is hereby
approved and shall be adhered to,
7 That a full detailed Landscape Plan for the detention area, cul-
de-sac island and the street frontage along Ann Arbor Trail shall
be submitted to the Planning Commission and City Council for
their review and approval,
8 That only a conforming entrance marker is approved with this
petition, and any additional signage shall be separately
submitted for review and approval by the Planning Commission
and City Council,
9 That the petitioner shall secure the necessary storm water
management permits from Wayne County, the City of Livonia,
and/or the State of Michigan,
10 That the Developer shall submit for approval an ongoing
mosquito control program, as approved by the Department of
Public Works, describing maintenance operations and larvicide
applications to the City of Livonia Inspection Department prior to
the construction of the stormwater retention facility;
11 That the Condominium Association shall provide annual reports
to the Inspection Department on the maintenance and larvicide
treatments completed on the stormwater detention pond,
12 That the petitioner shall correct to the Fire Department's
satisfaction the items outlined in the correspondence dated
January 11, 2006,
13 That this approval is subject to the petitioner being granted a
variance from the Zoning Board of Appeals for deficient lot width
for Lot 11 and any conditions related thereto,
Regular Meeting of April 12, 2006 35656
14 That the Site Plan referenced in this approving resolution shall
be submitted to the Inspection Department at the time the
building permits are applied for; and
15 That all required cash deposits, certified checks, irrevocable
bank letters of credit and/or surety bonds which shall be
established by the City Engineer pursuant to Article XVIII of
Ordinance No 543, Section 18 66 of the ordinance, shall be
deposited with the City prior to the issuance of engineering
permits for this site condominium development,
FURTHER, the Council does hereby waive the Open Space
Requirement of the Subdivision Rules and Regulations in connection
with this site condominium development.
A roll call vote was taken on the foregoing resolution with the following result
AYES Meakin, Godfroid-Marecki, Laura, Robinson, Taylor and
McCann
NAYS None
The President declared the resolution duly adopted
Council Vice-President Knapp returned to the podium at 8 41 p m
A communication from the Engineering Division, dated April 4, 2006,
re recommending the approval of a sidewalk waiver requirement at 19930
Hubbard, was received and placed on file for the information of the Council
On a motion by Meakin, seconded by Godfroid-Marecki, and
unanimously adopted, it was
CR 167-06 RESOLVED, that having considered a letter from William
and Lisa A. Flinchum, dated March 10, 2006, requesting a waiver of
the sidewalk requirement in front of their new home being constructed
at 19930 Hubbard Street, located south of Eight Mile Road and east of
Farmington Road in the Northeast 1/4 of Section 3, and having further
considered the report and recommendation of the City Engineer, dated
April 4, 2006, 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
aim properties at this time due to lack of any other public sidewalks existing
Regular Meeting of April 12, 2006 35657
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
A communication from the Engineering Division, dated April 4, 2006, re
recommending the approval of a sidewalk waiver requirement at 19934 Hubbard,
was received and placed on file for the information of the Council
On a motion by Godfroid-Marecki, seconded by Meakin, and
unanimously adopted, it was
CR 168-06 RESOLVED, that having considered a letter from Andrew
Yaworsky and Nancy McGuire-Yaworsky, dated March 10, 2006,
requesting a waiver of the sidewalk requirement in front of their new
home being constructed at 19934 Hubbard Street, located south of
Eight Mile Road and east of Farmington Road in the Northeast 1/4 of
Section 3, and having further considered the report and
recommendation of the City Engineer, dated April 4, 2006, 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
On a motion by Knapp, seconded by Robinson, it was
CR 169-06 RESOLVED, that having considered a communication
from the City Assessor, dated March 21, 2006, approved for
submission by the Mayor, with regard to a request from Richard Bame,
20251 Beatrice, Livonia, Michigan 48152, relative to dividing Tax Item
No 46 005 02 0010 006 into two parcels (20250 Beatrice), the Council
does hereby refer this subject matter to the Streets, Roads and Plats
Committee for a report and recommendation
A roll call vote was taken on the foregoing resolution with the following result.
AYES Meakin, Godfroid-Marecki, Laura, Robinson, Knapp and
McCann
NAYS Taylor
The President declared the resolution duly adopted
Regular Meeting of April 12, 2006 35658
Council President McCann passed the gavel to Council Vice-President Knapp when
he stepped down from the podium at 8 45 p m to avoid a perceived conflict of
interest.
New building elevation drawings, submitted by John J Mahn,
President of SEMCO, dated April 10, 2006, on behalf of James Towne
Condominiums, were received and placed on file for the information of the Council
(Petition 2005-07-08-14)
On a motion by Meakin, seconded by Godfroid-Marecki, it was
CR 170-06 RESOLVED, that having considered a communication
from John J Mahn, President of Southeastern Michigan Management
Company, dated February 22, 2006, requesting approval of a revised
site plan in connection with Petition 2005-07-08-14, submitted by
Southeastern Michigan Management Company, on behalf of James
Towne Condominiums, previously approved in Council Resolution 538-
05, adopted on November 14, 2005, involving a proposal to construct a
condominium development on properties located at 27480 and 27486
Five Mile Road, on the north side of Five Mile Road, between Inkster
Road and Foch Avenue in the Southeast 1/4 of Section 13, pursuant to
the provisions set forth in Section 18 62 of Ordinance No 543, as
amended, the Council does hereby approve the revised site plan in
connection with Petition 2005-07-08-14, subject to the following
conditions
1 That the Master Deed and bylaws comply with the requirements
of the Subdivision Control Ordinance, Title 16, Chapter 16 04-
16 40 of the Livonia Code of Ordinances, and Article XX,
Section 20 01-20 06 of Zoning Ordinance #543, except for the
fact the following shall be incorporated
• That the first floor of the building shall be brick or stone, on
all four (4) sides, and the total amount of brick or stone on
the second story shall not be less than 65%,
• That all exterior chimneys shall be brick,
• That the brick used in the construction shall be full-face four
(4) inch brick,
Regular Meeting of April 12, 2006 35659
2 In the event of a conflict between the provisions set forth in the
Master Deed and bylaws and the requirements set forth in the
City of Livonia Zoning Ordinance No 543, as amended, the
Zoning Ordinance requirements shall prevail and petitioner shall
comply with the Zoning Ordinance requirements,
3 That the petitioner shall include language in the Master Deed
and bylaws or a separate recordable instrument wherein the
condominium association shall reimburse the City of Livonia for
any maintenance or repair costs incurred for the storm water
detention/retention and outlet facilities, and giving the City of
Livonia the right to impose liens on each lot owner's property
prorata and place said charges on their real estate tax bills in
the event said charges are not paid by the condominium
association (or each lot owner) within thirty (30) days of billing
for the City of Livonia,
4 That all required cash deposits, certified checks, irrevocable
bank letters of credit and/or surety bonds which shall be
established by the City Engineer pursuant to Article XVIII of
Ordinance No 543, Section 18 66 of the ordinance, shall be
deposited with the City prior to the issuance of engineering
permits for this condominium development,
5 That the Site Plan marked Sheet 1 dated January 17, 2006, as
revised, prepared by Arpee/Donnan, is hereby approved and
shall be adhered to,
6 That the Landscape Plan marked LP-1 dated September 2,
2005, as revised, prepared by Nagy & Associates, is hereby
approved and shall be adhered to,
7 That the Elevation Plans, dated April 10, 2006, as revised,
prepared by R G Myers and Associates, Inc , Architect, are
hereby approved and shall be adhered to,
8 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;
Regular Meeting of April 12, 2006 35660
9 That all disturbed lawn areas shall be sodded in lieu of
hydroseeding,
10 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,
11 That the petitioner shall secure the necessary storm water
management permits from Wayne County, the City of Livonia,
and/or the State of Michigan,
12 That the petitioner shall correct to the Fire Department's
satisfaction the items outlined in the correspondence dated
August 9, 2005, and
13 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
A roll call vote was taken on the foregoing resolution with the following result:
AYES Meakin, Godfroid-Marecki, Taylor and Knapp
NAYS Laura and Robinson
The President declared the resolution duly adopted
Council Vice-President Knapp returned the gavel to Council President McCann
when he returned to the podium at 8 50 p m
A letter from the City Treasurer, dated April 4, 2006, re notification of
property owners involved in the 2005 Sidewalk Program of the charges assessed for
their respective properties, was received and placed on file for the information of the
law
Council
Regular Meeting of April 12, 2006 35661
A note from Bonnie Johnson, Technical Specialist, City Council Office,
dated March 15, 2006, re listing dates for Council meetings relative to the 2005
Sidewalk Program, was received and placed on file for the information of the
Council
On a motion by Taylor, seconded by Knapp, and unanimously
adopted, it was
CR 171-06 RESOLVED, that having considered a communication
from the City Treasurer dated April 4, 2006, regarding the replacement
of sidewalks in connection with the 2005 Sidewalk Program, Contract
05-G, single lot assessments in the City of Livonia on the following
parcels in the following amounts
Parcels of property and assessment, as outlined in the
City Treasurer's letter dated April 4, 2006, is included
herein by reference,
which work was done pursuant to Council Resolutions 105-05 and
560-04 in accordance with the provisions of Section 12 04 340 of the
Livonia Code of Ordinances, Title 12, Chapter 4 and the City Treasurer
having thereafter sent a statement of charges by first class mail to the
owners of property to be assessed wherein notice of the meeting by
the City Council on this date was given and at least 30 days having
expired since the giving of such notice with such charges remaining
unpaid, the Council does hereby pursuant to the provisions of Section
3 08 150 of the Livonia Code of Ordinances, Title 3, Chapter 8, adopt
this resolution wherein a special assessment is placed upon such
property for said charges, FURTHER, the Council does hereby
authorize installment payments in the number of three (3) installments
at 6% interest where assessments exceed $400 and the property
owner has requested such installments, FURTHER, the Council does
hereby request that the City Treasurer shall give notice of the amounts
herein determined to the persons chargeable therewith, such notice to
be sent by first class mail to the last known address of such persons as
shown on the most current assessment roll of the City, and where
payments herein authorized are not made within the specified time this
fact shall be reported by the City Treasurer to the City Assessor who
shall charge such amount together with a penalty of 10% of such
amounts against the persons or real property chargeable therewith on
Regular Meeting of April 12, 2006 35662
the next general tax roll, and the City Clerk and City Treasurer are
hereby requested to do all things necessary or incidental to the full
performance of this resolution
A communication from the Department of Assessment, dated April 4,
2006, re the proposed Special Assessment Street Improvement Project for Pickford
Avenue, south of Seven Mile between Merriman and Middlebelt Roads (Bainbridge
to Hillcrest) using the Alternate IV method, was received and placed on file for the
information of the Council
On a motion by Laura, seconded by Knapp, and unanimously adopted,
it was
CR 172-06 RESOLVED, that in connection with the proposed special
assessment street improvement project on Pickford Avenue
(Bainbridge to Hillcrest), located south of Seven Mile Road between
Merriman and Middlebelt Roads, the Council does hereby refer the
subject of costs of Alternate IV to the Streets, Roads and Plats
Committee for its report and recommendation
Robert Smith, 30647 Pickford, and Debra Law, 18364 Sunset, spoke to
the Council in support of the special assessment street improvement project on
Pickford being sent to the Streets, Roads and Plats Committee
On a motion by Taylor, seconded by Laura, and unanimously adopted,
it was
CR 173-06 RESOLVED, that having considered the report and
recommendation of the Director of Public Works and the City Engineer,
dated February 27, 2006, which bears the signature of the Director of
Finance and is approved for submission by the Mayor, and the report
and recommendation of the City Assessor, dated April 4, 2006,
approved for submission by the Mayor, with regard to the proposed
award of contract for the Special Assessment Street Improvement
Project (Alternate IV) for Pickford Avenue (Bainbridge to Hillcrest),
located south of Seven Mile Road between Merriman and Middlebelt
Roads in the Northwest 1/4 of Section 11, the Council does hereby
Regular Meeting of April 12, 2006 35663
determine to refer this subject matter to the Streets, Roads and Plats
Committee for a report and recommendation
On a motion by Taylor, seconded by Godfroid-Marecki, and
unanimously adopted, it was
CR 174-06 RESOLVED, that having considered the report and
recommendation of the Director of Public Works and the City Engineer,
dated February 27, 2006, which bears the signature of the Director of
Finance and is approved for submission by the Mayor, and the report
and recommendation of the City Assessor, dated April 4, 2006,
approved for submission by the Mayor, with regard to the proposed
Special Assessment Street Improvement Project (Alternate IV) for
Pickford Avenue (Bainbridge to Hillcrest), located south of Seven Mile
Road between Merriman and Middlebelt Roads in the Northwest 1/4 of
Section 11, the Council does hereby refer the subject of no parking on
Pickford to the Traffic Commission for its report and recommendation
On a motion by Meakin, seconded by Taylor, and unanimously
adopted, it was
CR 175-06 RESOLVED, that having considered a communication
from the Superintendent of Parks and Recreation, dated March 16,
2006, which bears the signature of the Director of Finance and is
approved for submission by the Mayor, the Council does, for and on
behalf of the City of Livonia, accept various gifts, cash donations and
materials and labor in the amount of $48,112 00 (including $43,012 00
in maintenance and improvements that have been made to Wilson
Barn) from the sources indicated therein, FURTHER, the Council does
hereby appropriate and credit the amounts of $5,000 00 to Account
No 401-000-974-010 (Land Improvements-Parks) and $100 00 to
Account No 702-285-125 (Deposits-Recreation-Miscellaneous) for the
purposes as designated by the donors
On a motion by Robinson, seconded by Meakin, and unanimously
adopted, it was
CR 176-06 RESOLVED, that upon the request of Councilmember
Robinson, the Council does hereby determine that the subject matter
of forfeiture funds and their use be referred to the Committee of the
Whole for a report and recommendation
Regular Meeting of April 12, 2006 35664
During the audience communication portion of the agenda at the end
of the meeting, Councilmember Laura encouraged anyone who is interested in
contacting him to do so by identifying themselves, not by sending an anonymous
message
On a motion by Taylor, seconded by Meakin, and unanimously
adopted, this 1,558th Regular Meeting of the Council of the City of Livonia was
adjourned at 902 p m , April 12, 2006
Val Vandersloot, City Clerk