HomeMy WebLinkAboutCOUNCIL MINUTES 2005-03-16 35017
MINUTES OF THE ONE THOUSAND FIVE HUNDREDTHIRTY-SECOND
REGULAR MEETING OF MARCH 16, 2005
On March 16, 2005, 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 Knapp delivered the invocation
Roll was called with the following result: Donald Knapp, Brian Meakin,
Frank J Kokenakes, Terry Godfroid-Marecki, James McCann, Thomas Robinson, and
Gerald Taylor
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, Linda Grimsby,
City Treasurer; Karen Kapchonick, Acting Superintendent of Parks and Recreation and
Captain Cramb, Livonia Police Department.
On a motion by Knapp, seconded by Kokenakes, and unanimously
adopted, it was
CR 78-05 RESOLVED, that the minutes of the 1,531st Regular Meeting
of the Council held February 23, 2005 are hereby approved as submitted
During the audience communication portion of the agenda, Don Kolhoff,
14066 Mayfield, spoke about the Livonia Symphony Orchestra giving its last concert on
March 19, 2005 at Ward Presbyterian Church along with the church choir In the
summer, the Orchestra will participate in the Library's program to introduce classical
music to students, and a fundraising golf outing for the Symphony Orchestra will be held
at Fox Creek Golf Course on June 15, 2005
Mr Rzucidlo, 39262 Allen, spoke to the Council voicing his concerns
about underage drinking and vandalism in his neighborhood
Councilmember McCann wished a "Happy St Patrick's Day" to everyone
Regular Meeting of March 16, 2005 35018
Council President Taylor announced that a Public Hearing would be held
on the following item on Monday, April 11, 2005 at 7 00 P m in the Auditorium of the
Livonia city Hall, 33000 Civic Center Drive, Livonia, MI
Appeal of the Denial by the City Planning Commission of Petition
2005-01-02-02, submitted by DCA, LLC, that requested waiver use
approval for the outdoor storage of vehicles and materials in connection
with a lawn care business, known as Hollywood Lawn Care, at 33760
Plymouth Road, located on the north side of Plymouth Road between
Farmington Road and Stark Road in the Southeast 1/4 of Section 28
A communication from the Department of Law, dated March 2, 2005, re
Costco Wholesale Corporation v City of Livonia, Michigan Court of Appeals Docket No
258990, and a granting of a stay of proceedings from the Court of Appeals, was
received and placed on file (CRs 153-04, 154-04, 155-04 and 156-04)
On a motion by Robinson, seconded by Kokenakes, it was
A communication from the Department of Finance, dated March 10, 2005,
re a check received in the amount of $520 30 from Brinker International, Inc for false
alarm billing as it refers to a Class C License Transfer at 39300 Seven Mile Road,
Livonia, MI 48152, was received and placed on file for the information of the Council
(Agenda Item #14)
CR 79-05 RESOLVED, that having considered an application from
Amy Fogle, 9870 Henry Ruff, dated February 10, 2005, requesting
permission to close Henry Ruff between Orangelawn and Robert Drive on
Saturday, June 4, 2005, from 12 00 noon 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
Sunday, June 5, 2005, in the event of inclement weather, the action taken
herein being made subject to the approval of the Police Department.
CR 80-05 RESOLVED, that having considered an application from
Patricia Holcomb, 12387 Cavell, dated February 15, 2005, requesting
permission to close Cavell between Capitol and Grantland on Monday,
July 4, 2005, 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, the
Regular Meeting of March 16, 2005 35019
action taken herein being made subject to the approval of the Police
Department.
CR 81-05 RESOLVED, that having considered a letter from Diane
Bergendahl, President of the Livonia Garden Club, dated February 11,
2005, which requests permission to display two 4' x 8' banner signs on the
fencing at Greenmead and 25" x 15" signs at various locations in the City
announcing the club's Plant Sharing event to be held Saturday, May 14,
2005 at Greenmead, which signs shall be installed no earlier than
Saturday, May 7, 2005, and removed no later than Tuesday, May 17,
2005, 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 82-05 RESOLVED, that having considered a letter from Reverend
C Allen Kannapell, St. Andrew's Episcopal Church, dated February 17,
2005, which requests permission to place a 10' x 2' banner in front of their
property near Hubbard Road, inviting people to worship at their Easter
services on March 27, 2005, which banner would be installed on Sunday,
March 20, 2005 and removed no later than Sunday, March 27, 2005, the
Council does hereby grant and approve this request in the manner and
form herein submitted
CR 83-05 RESOLVED, that having considered a letter from Brian Lee,
representing St. Edith Parish, dated February 20, 2005, which requests
permission to display signs announcing the 3rd Annual St. Edith Parish's
Family Festival to be conducted on Friday, June 10, 2005 through
Sunday, June 12, 2005, which signs will be 18" x 22" in size and will be
displayed at various intersections in the City from Friday, June 3, 2005
through Monday, June 13, 2005, 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 84-05 RESOLVED, that having considered a letter from Ron Morin,
Show Chairman of the Livonia Wood Carvers Club, dated February 10,
2005 which requests permission to display temporary advertising signs for
the Annual Woodcarving Show to be conducted at Monaghan Knights of
Columbus, 19801 Farmington Road, Livonia, on August 20, 2005, which
signs will be 18" x 22" in size and will be displayed from August 14 through
August 21, 2005, 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
Regular Meeting of March 16, 2005 35020
CR 85-05 RESOLVED, that having considered a communication from
the City Clerk, dated February 16, 2005, forwarding an application
submitted by Mary Labadie, 5039 Culver, Brighton, Michigan 48114, for a
therapeutic massage permit and in accordance with Ordinance No 2687,
adopted on November 22, 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 86-05 RESOLVED, that having considered a communication from
the City Clerk, dated February 16, 2005, forwarding an application
submitted by Sheryl Gould, 42039 Woodbridge, Canton, Michigan 48188,
for a therapeutic massage permit and in accordance with Ordinance No
2687, adopted on November 22, 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 87-05 RESOLVED, that having considered a communication from
the City Clerk, dated February 16, 2005, forwarding an application
submitted by Connie J Hall, 8830 Marion, Redford, Michigan 48239, for a
therapeutic massage apprentice permit and in accordance with
Ordinance No 2687, adopted on November 22, 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 88-05 RESOLVED, that having considered a communication from
the City Clerk, dated February 16, 2005, forwarding an application
submitted by Katherine Sugiyama, 40475 Meadow Trail, Northville,
Michigan 48167, for a therapeutic massage apprentice permit and in
accordance with Ordinance No 2687, adopted on November 22, 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 89-05 RESOLVED, that having considered a letter from Paul A.
Kovceses, Diamante Building Co , Inc , dated February 14, 2005,
requesting elimination of the sidewalk requirement within the Scone Court
Lot Split Development located west of Newburgh Road, on the north side
of Schoolcraft Road in the Southeast 1/4 of Section 19, and having further
considered the reports and recommendations of the City Engineer, dated
March 1, 2005 and March 4, 2005, respectively, approved for submission
by the Mayor, the Council does hereby approve this request only with
respect to the sidewalk requirement adjacent to Parcel 7 on the west side
of Scone Court due to the limited yard available and subject to the
Regular Meeting of March 16, 2005 35021
condition that sidewalks be installed on the east side of Scone Court and
on the balance of the north and south sides of the east/west portion of
Scone Court as recommended by the City Engineer in his correspondence
dated March 4, 2005, since omitting the sidewalk on these properties
would be detrimental to the City and its residents
CR 90-05 RESOLVED, that having considered a letter from Kim
Kostich, Anchor Homes, LLC, dated February 23, 2005, requesting
elimination of the sidewalk requirement in front of homes to be constructed
at 16642 and 16648 Harrison, and having further considered the report
and recommendation of the City Engineer, dated February 24, 2005,
approved for submission by the Mayor, the Council does hereby approve
this request inasmuch as omitting the sidewalk on the subject properties
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
CR 91-05 RESOLVED, that having considered a letter from Louis
Baumgartner, 37821 Grantland, dated February 26, 2005, requesting
elimination of the sidewalk requirement in front of a home to be
constructed at 37780 Grantland, and having further considered the report
and recommendation of the City Engineer, dated March 1, 2005, 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
CR 92-05 RESOLVED, that having considered a letter from the
Michigan Liquor Control Commission, dated September 1, 2004, and the
report and recommendation of the Chief of Police, dated February 24,
2005, approved for submission by the Director of Public Safety and the
Mayor, the Council does hereby approve of the request from Brinker
Michigan, Inc (a Delaware Corporation) for transfer of ownership of a
2004 Class C Licensed Business from Brinker Restaurant Corporation for
a business located at 39300 Seven Mile Road, Livonia, Michigan, Wayne
County; and the City Clerk is hereby requested to forward a certified copy
of this resolution to the Michigan Liquor Control Commission
CR 93-05 RESOLVED, that having considered the request of
Councilmember Knapp at the Study Meeting of March 7, 2005, the Council
does hereby refer the subject of vandalism problems on Sunset, Clarita
Regular Meeting of March 16, 2005 35022
and Bainbridge, south of Seven Mile Road to the Administration for its
report and recommendation
CR 94-05 RESOLVED, that having considered the report and
recommendation of the Director of Finance, dated February 7, 2005,
approved for submission by the Mayor, to which is attached recommended
final budget adjustments required for the Fiscal Year 2004 budget, the
Council does hereby authorize said budget adjustments and transfers in
the manner and form set forth in the attachment.
CR 95-05 RESOLVED, that having considered a communication from
the Department of Management Information Systems, dated February 23,
2005, which bears the signature of the Director of Finance and is
approved for submission by the Mayor, requesting approval to donate
obsolete City computer equipment to a non-profit company that
refurbishes/rebuilds them and provides them to schools and other
organizations, the Council does hereby approve of the City's donation of
obsolete computer equipment that is over four (4) years old to JDS
Computer Donations, Inc , 15441 Fitzgerald, Livonia, Michigan 48154, and
the Information Services Director is hereby requested to do all things
necessary or incidental to the full performance of this resolution
A communication from Livonia Housing Commission, dated February 3,
2005, re The Michigan State Housing Development Authority's (MSHDA) Housing
Resources Fund for the purpose of providing a substantial Home Rehabilitation Loan
Program, and the City's ineligibility status under the revised guidelines, was received
and placed on file for the information of the Council (CR 04-05)
CR 96-05 RESOLVED, that having considered the report and
recommendation of the Director of the Housing Commission, dated
February 11, 2005, 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 2005-2006 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 97-05 RESOLVED, that having considered the report and
recommendation of the Director of Community Resources and the
Regular Meeting of March 16, 2005 35023
Chairman of the Livonia Cable Television Commission, dated February
23, 2005, which bears the signature of the Director of Finance and is
approved for submission by the Mayor, and which transmits Livonia Cable
Television Commission resolution 297-05, the Council does hereby accept
the bid of Midwest Media Group, Inc , 811 N Main, Suite 102, Royal Oak,
Michigan 48067, for supplying the Department of Community Resources
(Cable Division) with a new Avid Computer-Based Editor for the Cable
Edit Suite for the total amount of $37,327 00, such amount to be
expended from funds already budgeted in Account No 297-751-983-000
for this purpose, the same having been in fact the lowest bid received
which meets all specifications
CR 98-05 RESOLVED, that having considered the report and
recommendation of the Director of Community Resources and the
Chairman of the Livonia Cable Television Commission, dated February
23, 2005, which bears the signature of the Director of Finance and is
approved for submission by the Mayor, wherein it is requested that a fee
be adopted for providing DVD copies of City Channel 8 programs in an
effort to cover the cost of DVDs, equipment wear and tear and staff time,
the Council does hereby adopt the revised fee schedule as recommended
to add fees for DVD copies as follows
VHS DVD
Resident $12 00/tape $15 00/DVD
Non-Resident $15 00/tape $18 00/DVD
City Department Copies $5 00/tape $5 00/DVD
and such fees shall be deposited and credited to Account No 297-000-
627-000 (Cable Revenue) for this purpose
CR 99-05 RESOLVED, that having considered a communication from
the Acting Superintendent of Parks and Recreation, dated February 28,
2005, 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 All America Embroidery, 31600 Plymouth Road,
Livonia, Michigan 48150, for supplying the Parks and Recreation
Department with Special Events Clothing, Item Nos 3 and 5, as indicated
on the attachment to the aforesaid communication, for the 2005 fiscal
year, the same having been in fact the lowest bid received with the 3%
local bidders preference applied per Section 3 04 140E of the Livonia
Code of Ordinances, and meets all specifications, FURTHER, the Council
does hereby accept the unit price bid of Monroe Sports Varsity Athletic,
1307 W Seventh Street, Monroe, Michigan 48161, for supplying the Parks
and Recreation Department with Special Events Clothing, Item Nos 1 and
18, as indicated on the attachment to the aforesaid communication, for the
2005 fiscal year, the same having been in fact the lowest bid received and
Regular Meeting of March 16, 2005 35024
meets all specifications, FURTHER, the Council does hereby accept the
unit price bid of Kelgraphics, 110 W River Street, Cadillac, Michigan
49601, for supplying the Parks and Recreation Department with Special
Events Clothing, Item Nos 2, 4, 6 through 17, 19 and 20, as indicated on
the attachment to the aforesaid communication, for the 2005 fiscal year,
the same having been in fact the lowest bid received and meets all
specifications, FURTHER, the Council does hereby authorize funds
already budgeted in the Department of Parks and Recreation and
Community Center Accounts for this purpose
CR 100-05 RESOLVED, that having considered a communication from
the Acting Superintendent of Parks and Recreation, dated February 28,
2005, which bears the signature of the Director of Finance and is
approved for submission by the Mayor, and which transmits Parks and
Recreation Commission resolution 2782-05, wherein it is requested that
certain fees be established for summer camp activities in the amount of
$40 00 for residents and $50 00 for non-residents, the Council does
hereby approve of and concur in such action
CR 101-05 RESOLVED, that having considered the report and
recommendation of the Superintendent of Public Service and the Director
of Public Works, dated February 15, 2005, which bears the signature of
the Director of Finance and is approved for submission by the Mayor, the
Council does hereby accept the low bid which meets specifications of
Clawson & Killins Concrete Companies, 27575 Wixom Road, Novi,
Michigan 48374, for supplying the Public Service Division (Road
Maintenance Section) with readymix concrete at the unit prices bid for the
period April 1, 2005, through March 31, 2006, for an estimated total
amount of$56,000 00, FURTHER, in the event the aforesaid low bidder is
unable to furnish the material, the Council does hereby accept the second
lowest bid which meets specifications of National Ready-Mix, Inc , 39000
Ford Road, Westland, Michigan 48185, for supplying the Public Service
Division (Road Maintenance Section) with readymix concrete at the unit
prices bid for the period April 1, 2005, through March 31, 2006, for an
estimated total amount of $59,780 00, such funds to be expended from
Account No 101-463-782-000 (Roads Maintenance Section) for this
purpose
CR 102-05 RESOLVED, that having considered the report and
recommendation of the Superintendent of Public Service and the Director
of Public Works, dated February 16, 2005, which bears the signature of
the Director of Finance and is approved for submission by the Mayor, the
Council does hereby accept the following low bids which meet
specifications for supplying the Public Service Division (Road
Maintenance Section) with bituminous materials specified at the unit
prices bid for the period May 1, 2005, through April 30, 2006
Regular Meeting of March 16, 2005 35025
I Nagle Paving Company, 39525 13 Mile Road, Novi, Michigan 48377
12 WM Asphaltic Concrete $34 00 per ton
1100 Asphaltic Concrete 29 00 per ton
20 Wearing Fine (Driveway Top) 31 00 per ton
31 M Wearing 33 00 per ton
2 Barrett Paving Materials, Inc., 5800 Cherry Hill Road, Ypsilanti, Michigan 48198
Cold Patch Asphaltic Material
(Pave 192), delivered $49 43 per ton
3 QPR, 12735 Morris Road, Suite 200, Alpharetta, Georgia 30004
Cold Patch Material (U P M or
Q P R.), delivered $54 50 per ton
FURTHER, in the event the aforesaid low bidders are unable to furnish the
materials, the Council does hereby accept the following second lowest
bids, which also meet specifications, as alternates for supplying the Public
Service Division (Road Maintenance Section) with bituminous materials
specified at the unit prices bid for the period May 1, 2005, through April
30, 2006
1 Cadillac Asphalt LLC, 51777 Twelve Mile Road, Wixom, Michigan 48393
12 WM Asphaltic Concrete $32 00 per ton
20 Wearing Fine (Driveway Top) 32 00 per ton
31 M Wearing 34 00 per ton
2 Ajax Materials Corporation, 830 Kirts Boulevard, Suite 100, Troy, Michigan
48084
1100 Asphaltic Concrete $30 50 per ton
Cold Patch Asphaltic Material
(Pave 192), delivered $54 00 per ton
3 Saginaw Asphalt Paving Company, 2981 Carrollton Road, Saginaw, Michigan
48604
Cold Patch Material (U P M or
Q P R ), delivered $58 60 per ton
Regular Meeting of March 16, 2005 35026
FURTHER, the Council does hereby authorize the expenditure of funds
already budgeted from Account No 101-463-782-000 (Road Maintenance
Section) for this purpose
CR 103-05 RESOLVED, that having considered the report and
recommendation of the Superintendent of Public Service and the Director
of Public Works, dated February 17, 2005, which bears the signature of
the Director of Finance and is approved for submission by the Mayor, the
Council does hereby accept the following low bids which meet
specifications for supplying the Public Service Division (Road
Maintenance Section)with aggregate materials specified at the unit prices
bid for the 2005 calendar year requirements
1 Hayball Transport, Inc., 12550 Farmington Road, Livonia, Michigan 48150
M D 0 T - 21AA - Limestone $ 8 00 per ton
M D 0 T - 22A 7 10 per ton
WCRC - 22X 6 20 per ton
WCR.0 - 3A 12 25 per ton
WCRC - Porous Backfill Grade A 5.25 per ton
W C R.0 - Porous Backfill Grade B 9 55 per ton
W C R.0 - 2NS - Natural Sand 7 15 per ton
60-40 Washed - Conc Aggregates 11 15 per ton
Pea Gravel
10 40 per ton
1" to 3" Crushed Concrete 8 50 per ton
3 X 1 Blast Furnace Slag
12 25 per ton
2 Jackie's Transport, 7811 Chubb Road, Northville, Michigan 48167
W C R.0 - 30A (Slag) $ 9 78 per ton
WCRC - 2MS - Mortar Sand 8 02 per ton
Ag-Lime - "Parks" 9 81 per ton
3 Osburn Industries, Inc., 5850 Pardee, Taylor, Michigan 48180
WCR.0 - 3X $ 12 59 per ton
4 Ellsworth Industries, Inc., P 0 Box 5366, Plymouth, Michigan 48170
10A Aggregate Stone $ 9 50 per ton
FURTHER, in the event the aforesaid low bidders are unable to furnish the
materials, the Council does hereby accept the following second lowest
bids, which also meet specifications, as alternates for supplying the Public
Service Division (Road Maintenance Section) with the materials specified
at the unit prices bid for the 2005 calendar year requirements
Regular Meeting of March 16, 2005 35027
Li Hayball Transport, Inc., 12550 Farmington Road, Livonia, Michigan 48150
W C R.0 - 30A (Slag) $ 10 75 per ton
WCRC - 2MS - Mortar Sand 8 30 per ton
10A Aggregate Stone 10 50 per ton
Ag-Lime - "Parks" 16 75 per ton
2 Jackie's Transport, 7811 Chubb Road, Northville, Michigan 48167
W C R.0 - 2NS - Natural Sand $ 7 50 per ton
60-40 Washed - Conc. Aggregates 11 32 per ton
3 X 1 Blast Furnace Slag 12 14 per ton
3 Osburn Industries, Inc., 5850 Pardee, Taylor, Michigan 48180
W C R C - Porous Backfill Grade A $ 5 10 per ton
W C R.0 - Porous Backfill Grade B 10 23 per ton
Pea Gravel 10 90 per ton
1" to 3" Crushed Concrete 9 34 per ton
4 Ellsworth Industries, Inc., P 0 Box 5366, Plymouth, Michigan 48170
M D 0 T 21AA - Limestone $ 8 49 per ton
5 Edw. C. Levy Co., 8800 Dix Avenue, Detroit, Michigan 48209
MOOT - 22A $ 7 91 per ton
W C R.0 - 22X 6 53 per ton
W C R.0 - 3A 12 20 per ton
FURTHER, the Council does hereby authorize the expenditure of funds
already budgeted from Account No 101-463-782-000 (Road Maintenance
Section) for this purpose
CR 104-05 RESOLVED, that having considered the report and
recommendation of the City Engineer, dated February 4, 2005, which
bears the signature of the Director of Finance and the Director of Public
Works, and is approved for submission by the Mayor, the Council does
hereby accept the unit price bid of Hayball Transport Inc., 12550
Farmington Road, Livonia, Michigan 48150, for completing all work
required in connection with the 2005 Thin Asphalt Overlay Program
(Contract 05-E) for the estimated total cost of $397,681 15, based on the
Engineering Division's estimate of units involved, and subject to a final
payment based upon the actual units completed in accordance with the
unit prices accepted herein, said estimated cost and unit prices having
been in fact the lowest bid received and meets specifications, FURTHER,
Regular Meeting of March 16, 2005 35028
the Council does hereby authorize an expenditure in the amount of
$397,681 15 from funds already budgeted in Account No 204-463-818-
114 (Roads, Sidewalks and Tree Fund - Maintenance) for this purpose,
and the City Engineer is hereby authorized to approve minor adjustments
in the work as it becomes necessary; and the Mayor and City Clerk are
hereby authorized, for and on behalf of the City of Livonia, to execute a
contract with the aforesaid bidder and to do all other things necessary or
incidental to the full performance of this resolution
CR 105-05 RESOLVED, that having considered the report and
recommendation of the City Engineer, dated February 16, 2005, which
bears the signature of the Director of Finance, is approved by the Director
of Public Works and the Director of the Housing Commission, and is
approved for submission by the Mayor, the Council does hereby accept
the bid of Gaglio P & R Cement Company, 13320 Mortenview, Taylor,
Michigan 48180, for completing all work required in connection with the
2005 Sidewalk Program at the unit prices bid for a total amount not to
exceed $346,096 00, based upon the Engineering Division's estimate of
units involved, and subject to a final payment based upon the actual units
completed in accordance with the unit prices accepted herein, said
estimated cost and unit prices having been in fact the lowest bid received
for this item, FURTHER, the Council does hereby authorize an advance in
the amount of $142,000 26 (single lot assessment portion of the program)
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 property owners, FURTHER, the Council does
hereby authorize an expenditure in the amount of $200,000 00 from funds
already budgeted for this purpose from Account No 204-441-818-104
(Road, Sidewalk and Tree Fund - Contractual Service Sidewalk) for repair
to sidewalks heaved by tree roots, FURTHER, the Council does hereby
authorize an invoice be sent to the Livonia Housing Commission in the
amount of $4,095 74 for work completed at Silver Village, and the Director
of Public Works is hereby authorized to approve minor adjustments in the
work as it becomes necessary; and the Mayor and City Clerk are hereby
authorized to execute a contract for and on behalf of the City of Livonia
with the aforesaid bidder and to do all other things necessary or incidental
to the full performance of this resolution
CR 106-05 RESOLVED, that having considered a communication from
the City Planning Commission, dated February 14, 2005, which transmits
its resolution 02-16-2005 adopted on February 8, 2005, with regard to the
request for approval of a landscape plan submitted by John Colucci, in
connection with Petition 2004-09-08-18, which previously received site
plan approval on December 6, 2004 (Council Resolution No 561-04) to
Regular Meeting of March 16, 2005 35029
construct an addition to the office building located at 10811 Farmington
Road on the west side of Farmington Road between Orangelawn Avenue
and Plymouth Road in the Northeast 1/4 of Section 33, the Council does
hereby concur in the recommendation of the Planning Commission, and
the Landscape Plan in connection with Petition 2004-09-08-18 is hereby
approved and granted, subject to the following conditions
1 That the Landscape Plan marked Sheet L-1 dated December 16,
2004, as revised, prepared by George J Hartman Architects, is
hereby approved and shall be adhered to,
2 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;
3 That all disturbed lawn areas shall be sodded in lieu of
hydroseeding,
4 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,
5 That the natural landscaped greenbelt along the west property line,
as shown on the approved Landscape Plan, is hereby accepted
and shall be substituted for the protective wall required by Section
18 45 of the Zoning Ordinance,
6 That any change of circumstances in the area containing the
greenbelt resulting in a diminution of the greenbelt's effectiveness
as a protective barrier, the owner of the property shall be required
to submit such changes to the Planning Commission and City
Council for their review and approval or immediately construct the
protective wall pursuant to Section 18 45,
7 That for the south property line, the petitioner shall have the option
of either erecting a protective wall immediately, going the Zoning
Board of Appeals for a temporary wall variance or seeking the
consent of the abutting property owner(s),
8 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
9 That all other conditions imposed by Council Resolution #561-04
shall remain in effect to the extent that they are not in conflict with
the foregoing conditions
Regular Meeting of March 16, 2005 35030
CR 107-05 RESOLVED, that having considered a communication from
the Department of Law, dated February 15, 2005, approved for
submission by the Mayor, and which transmits the request of Sandra
Beslach of the Sideline Restaurant for the renewal and/or renegotiation of
the sublease agreement for the Fox Creek Clubhouse, the Council does
hereby refer this item to the Committee of the Whole for its report and
recommendation
A roll call vote was taken on the foregoing resolutions with the following result:
AYES Knapp, Meakin, Kokenakes, Godfroid-Marecki, McCann, Robinson
and Taylor
NAYS None
A communication from the Public Service Division, dated February 14,
2005, re changing the recommended pavement repair treatment for Lyndon Road,
east of Levan Road, from "Rehabilitation" to "Reconstruction", relative to the 2005 Road
Repair Program, was received and placed on file for the information of the Council
On a motion by Godfroid-Marecki, seconded by Knapp, and unanimously
adopted, it was
CR 108-05 RESOLVED, that having considered the report and
recommendation of the Streets, Roads and Plats Committee, dated
February 15, 2005, submitted pursuant to Council Resolution 552-04, in
connection with the proposed repair method for Lyndon Avenue, east of
Levan Road, as part of the 2005 Road Repair Program, the Council does
hereby approve of the removal of Lyndon Avenue, east of Levan Road
from the 2005 Road Repair Program with the understanding that
reconstruction (rather than rehabilitation) of the road will be scheduled for
a future date as recommended by the Department of Public Works
This item will remain in the Committee of the Whole for the purpose of updating the
public.
Councilmember Kokenakes gave first reading to the following
Ordinance
Regular Meeting of March 16, 2005 35031
AN ORDINANCE AMENDING SECTION 240 OF TITLE 10,
CHAPTER 21 (TRAFFIC VIOLATIONS) 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 Meakin gave first reading to the following
Ordinance
AN ORDINANCE AMENDING SECTION 33 OF THE
ZONING MAP OF THE CITY OF LIVONIA AND AMENDING
ARTICLE III OF ORDINANCE NO 543, AS AMENDED,
KNOWN AND CITED AS "THE CITY OF LIVONIA ZONING
ORDINANCE" BY ADDING SECTION 3 THERETO
(Petition 2004-11-01-16)
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
A communication from the Department of Law, dated March 9, 2005, re
ordinance amendments relative to separating Clarenceville Public Schools school
precincts from the Livonia Public Schools school precincts, due to recent election reform
legislation, was received and placed on file for the information of the Council
Councilmember McCann gave first reading to the following
Ordinance
AN ORDINANCE AMENDING SECTIONS 010, 030, 040,
100, 110 OF AND ADDING SECTION 021 TO CHAPTER 08
(ELECTION PRECINCTS) OF TITLE 1 OF THE LIVONIA
CODE OF ORDINANCES, AS AMENDED
Regular Meeting of March 16, 2005 35032
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
Councilmember McCann invoked the Emergency Clause and gave
second reading to the foregoing Ordinance and a roll call vote was taken thereon
with the following result:
AYES Knapp, Meakin, Kokenakes, Godfroid-Marecki, McCann,
Robinson and Taylor
NAYS None
The President declared the foregoing Ordinance duly adopted, and would become
effective on publication
A communication from the Office of the Treasurer, dated March 8,
2005, re additional information relative to the extension of A & W Delinquent Tax
Collection Agreement, was received and placed on file for the information of the
Council
On a motion by Meakin, seconded by Robinson, and unanimously
adopted, it was
CR 109-05 RESOLVED, that having considered a communication from
the City Treasurer, dated February 1, 2005, which bears the signature of
the Director of Finance and is approved for submission by the Mayor, the
Council does hereby authorize an extension of the City's current
Agreement with A & W Collections, 6806 Tiffany Circle, Canton, Michigan
48187, for collection of delinquent personal property taxes, with the
understanding that the Treasurer's Office shall send one additional notice
to the taxpayer prior to turning over the collection of such taxes to A & W
Collections, the cost of which service is to be taken from 1°/0 per month
interest and 4% collection fees and which Agreement shall be for the
period December 1, 2004, through November 30, 2007, and will be
subject to cancellation by either party upon giving sixty (60) days notice
and which Agreement is herein made subject to approval as to form by the
Department of Law; and the Mayor and City Clerk are hereby authorized
to execute such contract for and on behalf of the City of Livonia with the
Regular Meeting of March 16, 2005 35033
aforesaid company; FURTHER, the Council does hereby authorize the
action herein without competitive bidding in accordance with Section
3 04 140D2 and 4 of the Livonia Code of Ordinances, as amended
A communication from the Department of Community Resources, dated
March 10, 2005, re the City Newsletter and some cost savings suggestions relative to
its publication, 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 110-05 RESOLVED, that having considered a communication from
the Director of Community Resources, dated February 25, 2005, 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
Kimcraft Printers, Inc , 7757 Ronda Drive, Canton, Michigan 48187, for
printing, sorting and delivering to the post office, the 16 or 20 page
publication of the City Newsletter to be published four times a year, for the
price of $5,480 00 per issue for the 16 page publication and $7,190 00 per
issue for the 20 page publication, for a two year period from April 1, 2005,
through March 31, 2007, said unit prices having been in fact the lowest bid
received which meets specifications, FURTHER, the Council does hereby
authorize the expenditure of funds already budgeted from Account No
101-891-886-110 for this purpose
A revised Landscape Plan, dated March 8, 2005, re Standard Federal
Bank, located at 15983 Middlebelt Road, was received and placed on file for the
information of the Council (Petition 2005-01-08-01)
On a motion by Knapp, seconded by Godfroid-Marecki, and unanimously
adopted, it was
CR 111-05 RESOLVED, that having considered a communication from
the City Planning Commission, dated February 14, 2005, which transmits
its resolution 02-13-2005, adopted on February 8, 2005, with regard to
Petition 2005-01-08-01 submitted by Boggio Associates, on behalf of
Standard Federal Bank, requesting site plan approval in connection with
a proposal to construct an addition and renovate the exterior of the bank
located at 15983 Middlebelt Road, on the west side of Middlebelt Road,
between Five Mile Road and Puritan Avenue in the Southeast 1/4 of
Regular Meeting of March 16, 2005 35034
Section 14, pursuant to the provisions set forth in Section 18 58 of
Ordinance No 543, as amended, the Council does hereby concur in the
recommendation of the Planning Commission and Petition 2005-01-08-01
is hereby approved and granted, subject to the following conditions
1 That the Site Plan marked Sheet A-1 dated January 14, 2005,
prepared by Michael A Boggio Associates Architects, is hereby
approved and shall be adhered to,
2 That the Landscape Plan marked Sheet LS-1 dated March 8, 2005,
as revised, prepared by Michael A. Boggio Associates Architects, is
hereby approved and shall be adhered to,
3 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;
4 That all disturbed lawn areas shall be sodded in lieu of
hydroseeding,
5 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,
6 That the Exterior Building Elevation Plan marked Sheet A-3 dated
January 14, 2005, prepared by Michael A. Boggio Associates
Architects, is hereby approved and shall be adhered to,
7 That the brick used in the construction shall be full-face four (4)
inch brick,
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 there shall be no dumpster located outside of the building, and
all trash must be contained within the building except on the day
trash is scheduled for removal,
10 That the petitioner shall secure the necessary storm water
management permits from Wayne County, the City of Livonia,
and/or the State of Michigan,
11 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;
Regular Meeting of March 16, 2005 35035
12 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,
13 That the landscaped greenbelt along the west property line, as
shown on the approved landscaped plan, is hereby accepted and
shall be substituted for the protective wall required by Section 18 45
of the Zoning Ordinance,
14 That any change of circumstances in the area containing the
greenbelt resulting in a diminution of the greenbelt's effectiveness
as a protective barrier, the owner of the property shall be required
to submit such changes to the Planning Commission for their
review and approval or immediately construct the protective wall
pursuant to Section 18 45,
15 That for the south property line, the petitioner shall have the option
of either erecting a protective wall immediately, going to the Zoning
Board of Appeals for a temporary wall variance, or seeking the
consent of the abutting property owner(s), and
16 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
Councilmember Knapp left the podium at 8 26 p m due to a potential conflict of interest.
On a motion by Meakin, seconded by McCann, it was
CR 112-05 RESOLVED, that having considered a communication from
the City Planning Commission, dated January 27, 2005, which sets forth
its resolution 01-07-2005 adopted on January 25, 2005, with regard to
Petition 2004-12-01-17, submitted by Gary Nixon and Helen Nixon for a
change of zoning of property located at 34625 Eight Mile Road, on the
south side of Eight Mile Road between Gill Road and Ellen Drive in the
Northwest 1/4 of Section 4, from RUFB to OS and R-4, and the Council
having conducted a public hearing with regard to this matter on February
28, 2005, the Council does hereby approve Petition 2004-12-01-17 as
submitted for preparation of the ordinance for submission to Council, and
the City Planner is hereby instructed to cause the necessary map for
publication to be prepared indicating the zoning change herein approved
and to furnish the same to the Department of Law and, upon receipt of
such map, the Department of Law is requested to prepare an ordinance
amending Ordinance No 543, as amended, in accordance with this
resolution
A roll call vote was taken on the foregoing resolution with the following result:
Regular Meeting of March 16, 2005 35036
AYES Meakin, Kokenakes, Godfroid-Marecki, McCann, Robinson and
Taylor
NAYS None
The President declared the resolution duly adopted
Councilmember Knapp returned to the podium at 8 30 p m
On a motion by Knapp, seconded by Robinson, it was
CR 113-05 RESOLVED, that having considered a communication from
the City Planning Commission, dated January 27, 2005, which sets forth
its resolution 01-08-2005 adopted on January 25, 2005, with regard to
Petition 2004-12-01-18, submitted by David Mowett and Wing Chan for a
change of zoning of properties located at 29001, 29005 and 29015 Five
Mile Road, on the south side of Five Mile Road between Paderewski
Avenue and Haller Avenue in the Northwest 1/4 of Section 24, from R-1 to
C-1, and the Council having conducted a public hearing with regard to this
matter on February 28, 2005, the Council does hereby approve Petition
2004-12-01-18 as amended, so as to rezone these properties to OS, for
preparation of the ordinance for submission to Council, and the City
Planner is hereby instructed to cause the necessary map for publication to
be prepared indicating the zoning change herein approved and to furnish
the same to the Department of Law and, upon receipt of such map, the
Department of Law is requested to prepare an ordinance amending
Ordinance No 543, as amended, in accordance with this resolution
A roll call vote was taken on the foregoing resolution with the following result:
AYES Knapp, Godfroid-Marecki, McCann, Robinson and Taylor
NAYS Meakin and Kokenakes
The President declared the resolution duly adopted
During the audience communication portion of the agenda at the end of
the meeting, Council Vice-President Meakin wished a "Happy St. Patrick's Day" to all
On a motion by Knapp, seconded by Robinson, and unanimously adopted,
this 1,532nd Regular Meeting of the Council of the City of Livonia was adjourned at
8 34 p m , March 16, 2005
6,/44 -fze-may
Val Vandersloot, City Clerk