HomeMy WebLinkAboutCOUNCIL MINUTES 2004-07-07 34707
MINUTES OF THE ONE THOUSAND FIVE HUNDRED SIXTEENTH
REGULAR MEETING OF JULY 7, 2004
On July 7, 2004, 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 Kokenakes delivered the invocation
Roll was called with the following result: Frank J Kokenakes, Terry
Godfroid-Marecki, James McCann, Thomas Robinson, Donald Knapp, Brian Meakin,
and Gerald Taylor
Absent: None
Elected and appointed officials present: Robert Schron, City Engineer;
Mark Taormina, City Planner; Sean Kavanagh, City Attorney and Val Vandersloot, City
Clerk.
On a motion by Knapp, seconded by Meakin, and unanimously adopted, it
was
CR 288-04 RESOLVED, that the minutes of the 1,515th Regular Meeting
of the Council held June 16, 2004 are hereby approved as submitted
During the audience communication portion of the agenda,
Councilmember Knapp reminded the citizens of the existence of the City's emergency
radio station, which can be found on the radio dial at 1670 AM
Council President Taylor announced a Public Hearing for the following
item to be held on Wednesday, September 1, 2004 at 7 00 P M , in the Auditorium of
the Livonia City Hall, 33000 Civic Center Drive, Livonia, MI
Petition 2004-04-02-24 submitted by Pete Wood Plumbing requesting waiver
use approval to expand outdoor storage for contractors to store commercial
vehicles at 31675 Eight Mile Road, located on the south side of Eight Mile Road
between Merriman Road and Osmus Avenue in the Northeast 1/4 of Section 3
(Petition Denied by the CPC 6-15-04 on Appeal to Council )
34708
Regular Meeting of July 7, 2004
A communication from the Finance Department, dated June 21, 2004, re
forwarding the financial statements of the City of Livonia for the month ending May 31,
2004, was received and placed on file for the information of the Council
On a motion by Meakin, seconded by Knapp, it was
CR 289-04 RESOLVED, that having considered an application from
Amanda DellaSavia, 34367 Capitol, dated June 9, 2004, requesting
permission to close Capitol/Beacon, between Stark Road and Brewster on
Saturday, July 31, 2004, 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, the action taken herein being made subject to the approval of
the Police Department.
CR 290-04 RESOLVED, that having considered an application from
Phyllis Heavenridge, 9246 Woodring, dated June 9, 2004, requesting
permission to close Woodring between Vermont and Oregon on Saturday,
August 7, 2004, from 1 00 p m to 10 00 p m for the purpose of
conducting a block party, the Council does hereby grant permission as
requested, including therein permission to conduct the said affair on
Sunday, August 8, 2004, in the event of inclement weather, the action
taken herein being made subject to the approval of the Police Department.
CR 291-04 RESOLVED, that having considered a communication from
James M Evans, Field Set-Up for the St. Andrew's Society of Detroit
Annual Highland Games, dated June 3, 2004, which requests permission
to display two banner signs (4' x 8') on the fencing at Greenmead and 24"
x 18" signs at various locations in the City announcing the St. Andrew's
Society of Detroit Annual Highland Games to be held Saturday, August 7,
2004, at Greenmead, which signs shall be installed no earlier than
Wednesday, July 28, 2004, and removed no later than Tuesday, August
10, 2004, the Council does hereby grant and approve this request in the
manner and form herein submitted
CR 292-04 RESOLVED, that having considered a letter from Dale
Coller, Event Chariman, on behalf of the Rotary Club of Livonia, dated
June 2, 2004, requesting permission to sell beer, to place a banner at the
entrance to Rotary Park for a period not to exceed two weeks, and to
place 18"x 28" wire mounted signs at various intersections of the City,
announcing the Rotary Club of Livonia's Annual Bar-B-Que and Family
Fun Fest to be held at Rotary Park on Sunday, August 8, 2004, as a fund-
raiser for Rotary Park and other Rotary community and international
projects, the Council does hereby grant permission as requested, the
action taken herein being subject to the following conditions
34709
Regular Meeting of July 7, 2004
I The Rotary Club of Livonia shall provide the City of Livonia with an
appropriate insurance policy naming the City of Livonia as
additional insured with liquor liability coverage in the amount of $1
million, and such certificate of insurance shall be submitted to the
Department of Law for approval by the City prior to the event;
2 That all alcoholic beverages will be sold only by Rotarians and
proof of legitimate drinking age will be required,
3 That alcoholic beverages will be served in a fenced off area,
4 That the Rotary Club will obtain a 24-hour Alcohol Sales Permit
from the State of Michigan prior to this event;
5 That medical and security personnel shall be on site at all times,
and
6 That the wire-mounted road signs will be installed on July 24, 2004
and removed by Monday, August 9, 2004
CR 293-04 RESOLVED, that having considered the report and
recommendation of the Chief of Police, dated June 7, 2004, which bears
the signature of the Director of Finance, is approved by the Director of
Public Safety, and is approved for submission by the Mayor, the Council
does hereby authorize the purchase of Patrol and Intelligence Bureau
vehicles as follows
One (1) Pontiac from Red Holman Pontiac - GMC, 35300 Ford Road,
Westland, Michigan 48185, in the amount of $23,274 00, through the
Oakland County consortium,
Two (2) Dodges from Aurand Slingerland Dodge, 3140 E M 21,
Owosso, Michigan 48867, in the total amount of $43,518 25, through
the Oakland County consortium,
One (1) Ford from Gorno Ford, 22025 Allen Road, Woodhaven,
Michigan 48183, in the amount of $15,289 00 through the State of
Michigan bid,
Five (5) Chevrolets from Shaheen Chevrolet, P 0 Box 27247,
Lansing, Michigan 48909, in the total amount of $92,000 00, through
the State of Michigan bid,
FURTHER, the total amount of $174,081 25 is hereby authorized to be
expended from funds already budgeted for this purpose ($84,081 25 from
Account No 265-334-985-000 - Federal Forfeiture Fund and $90,000 00
34710
Regular Meeting of July 7, 2004
from Supplemental Capital Outlay Account No 401-000-985-000);
FURTHER, the Council does hereby determine to authorize the said
purchases without competitive bidding inasmuch as the same is based
upon the low Oakland County and State of Michigan 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
A communication from the Office of the City Clerk, dated June 14, 2004,
re tax rates for the Wayne County Regional Educational Service Agency (RESA) for
the year 2004, and the collection of same as a summer tax, was received and placed on
file for the information of the Council
CR 294-04 RESOLVED, that having considered a communication from
the Water and Sewer Board, dated June 3, 2004, which bears the
signature of the Finance Director and is approved for submission by the
Mayor, which transmits its resolution WS 3524 06/04, wherein the Board
concurs in the recommendation made by the Public Utility Manager in a
letter dated May 26, 2004, attached thereto, the Council does hereby
accept the bid of Jack Doheny Supplies, Inc , 777 Doheny Court,
Northville, Michigan 48167, for supplying the Public Service Division
(Water and Sewer Section) with one (1) truck-mounted Sewer Jet Rodder
(SECA Model 800-H) for a net price of$121,987 00, based on a total price
of $144,487 00 less trade-in of $22,500 00, the same having been the
lowest bid received which meets specifications
CR 295-04 RESOLVED, that having considered a communication from
the Water and Sewer Board, dated June 3, 2004, which bears the
signature of the Finance Director and is approved for submission by the
Mayor, which transmits its resolution WS 3523 06/04, wherein the Board
concurs in the recommendation made by the Public Utility Manager in a
letter dated May 19, 2004, attached thereto, the Council does hereby
accept the bid of Burke Equipment Company, 36000 Mound Road,
Sterling Heights, Michigan 48310, for supplying the Public Service Division
(Water and Sewer Section) with two (2) 6-inch trailer-mounted trash
pumps, Thompson Model 6HT-DDST-4-2011 for a total price of
$34,990 00, the same having been the lowest bid received which meets
specifications
CR 296-04 RESOLVED, that having considered the report and
recommendation of the Superintendent of Public Service and the Director
of Public Works, dated June 7, 2004, which bears the signature of the
Director of Finance and is approved for submission by the Mayor, the
Council does hereby authorize the purchase of one (1) 2005 International
34711
Regular Meeting of July 7, 2004
cab and chassis with a Jerr-Dan steel flatbed for a total price of
$59,960 00, for the Public Service Division (Equipment Maintenance
Section) from Fallsway Equipment Company, 3301-D Lapeer Road,
Auburn Hills, Michigan 48326, FURTHER, the Council does hereby
authorize the purchase of said item 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, and the amount of $59,960 00 is hereby
authorized to be expended from funds already budgeted in Account No
401-000-985-000 (Equipment Maintenance Capital Outlay) for this
purpose (pursuant to Council Resolution 221-04)
CR 297-04 RESOLVED, that having considered the report and
recommendation of the Superintendent of Public Service and the Director
of Public Works, dated June 7, 2004, which bears the signature of the
Director of Finance, and is approved for submission by the Mayor, the
Council does hereby authorize the purchase of six (6) 2005 Ford F250 4x4
extended cab pickup trucks and related equipment in the amount of
$130,388 00, one (1) 2005 Ford Econoline (3/4 ton cargo van) in the
amount of $14,292 00; five (5) 2005 Ford Taurus SEL sedans in the
amount of $74,820 00, and one (1) 2005 Ford Econoline (8 passenger) in
the amount of $19,039 00, from Gorno Ford, 22025 Allen Road, Trenton,
Michigan 48183, FURTHER, the total amount of $238,539 00 is hereby
authorized to be expended from funds already budgeted in Account No
401-000-985-000 (Equipment Maintenance Capital Outlay) for this
purpose (pursuant to Council Resolution 221-04); FURTHER, the Council
does hereby authorize the purchase of said items without competitive
bidding inasmuch as the same is based upon the low State of Michigan
bid prices, 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 298-04 RESOLVED, that Leo Soave Building, Inc., 20592 Chestnut
Circle, Livonia, Michigan 48152, as proprietor, having requested the City
Council approve the proposed Cavell Woods Site Condominium
Development in the Northeast 1/4 of Section 24 of the City of Livonia
(hereafter the "Condominium"), and it further appearing that approval of
the site plan for the Condominium was given by the City Planning
Commission on June 17, 2003, and by the City Council on August 27,
2003 (and as amended and revised on December 3, 2003), and it further
appearing the such Site Plan, together with Development Plans and
Specifications for Improvements have been examined and approved by
the Department of Public Works as set forth in the report of that
Department dated June 2, 2004, and the City Council having approved the
Master Deed on August 27, 2003, in Council Resolution 451-03
34712
Regular Meeting of July 7, 2004
(subsequently amended in Council Resolution 628-03), therefore, the City
Council does hereby establish the following requirements.
(1) All of the improvements, utilities and grading shall be constructed,
installed and accomplished in conformity with the provisions of the
ordinances of the City of Livonia, and the regulations and
specifications of the Department of Public Works and the
Development Plans submitted by the proprietor and approved by
such Department; all such improvements to be constructed,
installed, accomplished and completed within a period of two (2)
years from the effective date of this resolution, failing this, the
approval contained herein shall be considered null, void and of no
effect whatsoever;
(2) That all inspection fees and other charges due to the City of Livonia
shall be fully paid at the time and in the manner provided in the said
ordinance provisions,
(3) That the installation of all such improvements shall be subject at all
times to the supervision and inspection and final approval of the
Department of Public Works, and such improvements shall not be
considered as having been satisfactorily and completely installed
until there is filed with the City Council the certificate as provided in
L. such ordinance provisions,
(4) That the proprietor enter into an agreement with the City of Livonia
agreeing to construct, within the prescribed period of time and in
the prescribed manner, all improvements required to the extent
required by the City of Livonia and as shown on the approved
Development Plans,
(5) That as a condition of obtaining final approval of the Master Deed
prior to the completion of all required improvements, the proprietor
shall file with the City of Livonia a corporate surety bond, certified
check, cash bond, irrevocable letter of credit, or other financial
assurance in such form as may be approved by the Department of
Law guaranteeing the satisfactory installation of all such
improvements, utilities and grading by the proprietor within the
prescribed period in the following amounts
(a) General Improvement Bond $260,000 00
($ 10,000 00 minimum cash)
(b) Sidewalk Bond $ 21,000 00
($ 5,000 00 minimum cash)
34713
Regular Meeting of July 7, 2004
(c) Grading & Soil Erosion
Control Bond $ 3,000 00 (all cash)
(d) Landscape/Entrance Markers $ 25,000 00
($ 5,000 00 minimum cash)
and require cash payments in addition to the above amounts, in the
total amount of$34,055 00
(6) 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; and
(7) That the distribution lines for telephones and electric service are to
be placed underground and ornamental streetlights are to be
provided throughout the Condominium in accordance with City
ordinances
CR 299-04 RESOLVED, that having considered a communication from
the City Planning Commission, dated June 7, 2004, which sets forth its
resolution 06-77-2004 adopted on June 1, 2004, with regard to Petition
2004-04-02-23 submitted by Rolaro, Inc , d/b/a Rio Wraps, requesting
waiver use approval to operate a limited service restaurant (Rio Wraps
Restaurant) located at 33523 Eight Mile Road, on the south side of Eight
Mile Road between Farmington and Gill Roads in the Northeast 1/4 of
Section 4, which property is zoned C-2, the Council does hereby concur in
the recommendation of the City Planning Commission and Petition 2004-
04-02-23 is hereby approved and granted, subject to the following
conditions
1 That the number of customer seats shall be limited to no more than
30 seats,
2 That the following issues as outlined in the correspondence dated
May 10, 2004 from the Inspection Department shall be rectified to
that Department's satisfaction
• That this space shall meet the current barrier free code in its
entirety, including any point-of-sale counter, exterior entry door
and all bathrooms,
• That the barrier free exterior access ramp shall be repaired or
replaced,
REVISED 7/27/04 - SEE BOLD TYPE
CR 301-04 PAGE 34714
Regular Meeting of July 7, 2004
3 That a dumpster shall be provided for the subject restaurant and
shall be emptied regularly as needed
A roll call vote was taken on the foregoing resolutions with the following result:
AYES Kokenakes, Godfroid-Marecki, McCann, Robinson, Knapp, Meakin
and Taylor
NAYS None
A communication from Scott Heinzman, 37601 Grantland, Livonia, 48150,
dated June 9, 2004, re his support of allowing massage therapists to work in private
homes, 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 300-04 RESOLVED, that having considered the report and
recommendation of the Legislative Committee, dated June 22, 2004,
submitted pursuant to Council Resolution 294-03, regarding the subject of
proposed amendments to Zoning Ordinance No 543, as amended, to
allow myomassologists (massage therapists) to either open their own
office, or to work in health clubs, hair salons, day spas, for corporate chair
massages, or in a YMCA within the City limits, the Council does hereby
refer the proposed ordinance amendment to Section 5 48 090 of the
Livonia Code of Ordinances, as amended, with suggested changes, to the
Department of Law for preparation and submission to Council
On a motion by Knapp, seconded by Kokenakes, and unanimously
adopted, it was
CR 301-04 RESOLVED, that having considered the report and
recommendation of the Legislative Committee, dated June 22, 2004,
submitted pursuant to Council Resolution 294-03, regarding the subject of
proposed amendments to Zoning Ordinance No 543, as amended, to
allow myomassologists (massage therapists) to either open their own
office, or to work in health clubs, hair salons, day spas, for corporate chair
massages, or in a YMCA within the City limits, the Council does hereby
refer the proposed amendments to sections 2 08, 9.03, 10 03 and 11 03 of
Zoning Ordinance No 543, as amended, to the City Planning Commission
for action and recommendation in accordance with provisions of law and
City ordinance
34715
Regular Meeting of July 7, 2004
A communication from Scott D Edwards, Plunkett & Cooney, on behalf of
Cameron Mitchell Restaurants, LLC, dated June 23, 2004, re withdrawal of their
request for a new Class C Quota License, and their intent to obtain a Wayne County on-
premise license for transfer and use at the Mitchell's Fish House, 17600 Haggerty
Road, was received and placed on file for the information of the Council
A communication from John B Carlin, Jr , Plunkett & Cooney, on behalf of
Cameron Mitchell Restaurants, LLC, dated June 28, 2004, re clarifying that Mitchell's
Fish House, 17600 Haggerty Road, will not be making an application for an SDM
license, but only a Class C license, was received and placed on file for the information
of the Council
A communication from Scott D Edwards, Plunkett & Cooney, on behalf of
Cameron Mitchell Restaurants, LLC, dated June 30, 2004, re Mitchell's Fish House,
17600 Haggerty Road, acquiring a Class C Liquor License from Zivko Marinkovich,
currently located at 8414-8418 Michigan Avenue, Detroit (Wayne County), Michigan
48210, was received and placed on file for the information of the Council
On a motion by McCann, seconded by Robinson, and unanimously
adopted, it was
CR 302-04 RESOLVED, that having considered a letter from John B
Carlin, Jr , Plunkett & Cooney, on behalf of Cameron Mitchell Restaurants,
LLC, dated June 10, 2004, with regard to a request from Cameron Mitchell
Restaurants, LLC (Mitchell's Fish Market) requesting approval of an
application for a new Michigan Liquor Control Commission Class C full
year liquor license for a full service restaurant to be located at 17600
Haggerty Road, on the east side of Haggerty between Six Mile and Seven
Mile Roads, Livonia, Michigan, Wayne County, the Council does hereby
determine to take no further action with regard to this matter
34716
Regular Meeting of July 7, 2004
A communication from John B Carlin, Jr , Plunkett & Cooney, on behalf of
Bravo Development, Inc , dated June 28, 2004, re clarifying that Bravo Restaurant,
17700 Haggerty Road, will not be making an application for an SDM license, but only a
Class C license, was received and placed on file for the information of the Council
On a motion by McCann, seconded by Knapp, and unanimously adopted,
it was
CR 303-04 RESOLVED, that having considered a letter from John B
Carlin, Jr , Plunkett & Cooney, on behalf of Bravo Development, Inc. d/b/a/
Cucina Development Inc , dated June 10, 2004, requesting approval of an
application for a new Michigan Liquor Control Commission Class C full
year liquor license, a Sunday Sales Permit, an Official Permit for the Sale
of Food on Sundays, and an Outdoor Service Permit for a full service
restaurant to be located at 17700 Haggerty Road, Livonia, Michigan,
Wayne County, the Council does hereby take this means to advise the
Michigan Liquor Control Commission that the City Council approves the
said request "above all others", and the City Clerk is hereby requested to
forward a certified copy of this resolution to the Michigan Liquor Control
Commission
A communication from the Assessment Department, dated June 30, 2004,
re its policy of assessing cell tower structures as personal property and not real property,
was received and placed on file for the information of the Council
A communication from Joseph Winter, 17255 Carol, Livonia, 48152, dated
June 29, 2004, re supporting the proposed T-Mobile flagpole wireless communication
tower at Beth El Cemetery located at 28300 Six Mile Road, was received and placed on
file for the information of the Council
On a motion by Meakin, seconded by Knapp, and unanimously adopted, it
was
CR 304-04 RESOLVED, that having considered a communication from
the City Planning Commission, dated June 4, 2004, which sets forth its
Elko resolution 06-76-2004 adopted on June 1, 2004, with regard to Petition
34717
Regular Meeting of July 7, 2004
2004-04-02-22, submitted by Scott Iglehart, on behalf of T-Mobile,
requesting waiver use approval to erect a flagpole wireless communication
tower at the Beth El Cemetery located at 28300 Six Mile Road, on the
north side of Six Mile Road between Middlebelt Road and Carol Drive in
the Southwest 1/4 of Section 12, which property is zoned AG, the Council
does hereby concur in the recommendation of the City Planning
Commission and Petition 2004-04-02-22 is hereby approved and granted,
subject to the following conditions
1 That the Survey Site Plan, marked Sheet Number S-1, prepared by
Landtech Professional Surveying and Engineering, dated May 12,
2004, as revised, is hereby approved and shall be adhered to,
2 That the Enlarged Site Plan, marked Sheet Number C-1, prepared
by Landtech Professional Surveying and Engineering, dated May
12, 2004, as revised, is hereby approved and shall be adhered to,
except that the proposed landscaping around the lease area shall
consist of minimum eight (8) foot high evergreen trees spaced ten
(10) feet apart on-center;
3 That the Elevation and Mounting Details Plan, marked Sheet
Number C-2, prepared by Landtech Professional Surveying and
Engineering, dated May 12, 2004, as revised, is hereby approved
and shall be adhered to,
4 That the proposed landscaping shown on the above referenced
Enlarged Site Plan shall consist of a minimum of eight (8) foot high
evergreen trees planted ten (10) feet on-centers and shall be
installed to the satisfaction of the Inspection Department;
5 That all light fixtures shall be aimed and shielded so as to minimize
stray light trespassing across property lines and glaring into
adjacent roadway; and
6 That the plans referenced in this approving resolution shall be
submitted to the Inspection Department at the time the building
permits are applied for
On a motion by Kokenakes, seconded by Robinson, and unanimously
adopted, it was
CR 305-04 RESOLVED, that having considered a communication from
the City Planning Commission, dated June 8, 2004, which sets forth its
resolution 06-79-2004 adopted on June 1, 2004, with regard to Petition
2004-04-02-25 submitted by Clippers Landscaping, requesting waiver use
34718
Regular Meeting of July 7, 2004
approval for outdoor storage of landscape supplies and equipment at a
business located at 13320 Stark Road, on the east side of Stark Road
between Schoolcraft Road and the CSX Railroad in the Northeast 1/4 of
Section 28, which property is zoned M-1, the Council does hereby concur
in the recommendation of the City Planning Commission and Petition
2004-04-02-25 is hereby approved and granted, subject to the following
conditions
1 That the Site Plan submitted by Clippers Landscape and Supply,
dated April 30, 2004, is hereby approved and shall be adhered to,
2 That the outdoor storage of trucks, trailers, equipment and materials
shall be limited to the locations shown on the approved Site Plan and
shall be maintained in an orderly manner;
3 That the bulk storage bins shall be constructed in accordance with
the details provided on the Site Plan, and the outdoor storage of all
loose material such as mulch, stone, sand, topsoil, bark, peat and
salt shall only occur within these bins,
4 That the landscaped areas shall receive needed maintenance to the
satisfaction of the Inspection Department and shall thereafter be
permanently maintained in a healthy condition,
5 That there shall be no outdoor storage of inoperable equipment,
scrap material, debris or other similar items generated by the subject
use,
6 That the following issues as outlined in the correspondence dated
May 10, 2004, from the Inspection Department shall be resolved to
that department's satisfaction
• A pipe frame for an indeterminate use in the front yard, either in
or close to the right-of-way, shall be removed,
• The salt storage area must be constructed to meet MDEQ
standards and is reviewed as uncovered or open,
• All existing structures, sheds and hoppers, outside of the main
building, numbering 4, shall be demolished and removed as per
site plan,
• The parking lot shall receive maintenance, repair, resealing and
double striping of required parking, accessible parking nearest
the building entry shall be signed and marked,
34719
Regular Meeting of July 7, 2004
• The grade elevation differential between this site and the north
abutting property will need to be addressed by the petitioner;
and
law
7 That the plans referenced in this approving resolution shall be
submitted to the Inspection Department at the time the building
permits are applied for
On a motion by Meakin, seconded by Knapp, and unanimously adopted, it
was
CR 306-04 RESOLVED, that pursuant to Section 21 02 of the Zoning
Ordinance of the City of Livonia, Ordinance No 543, as amended, and
Section 5 of Act 207 of the Public Acts of Michigan of 1921, as amended,
Craig S Pastor, 20072 Parker, Livonia, Michigan 48152, is hereby
appointed to the Zoning Board of Appeals for a three-year term expiring
July 12, 2007, with all the authority and duties as set forth in the said
Zoning Ordinance and Act 207, and further provided that Mr Pastor takes
the Oath of Office as required in Chapter X, Section 2 of the City Charter,
to be administered by the City Clerk.
On a motion by Robinson, seconded by McCann, and unanimously
adopted, it was
CR 307-04 RESOLVED, that pursuant to Section 21 02 of the Zoning
Ordinance of the City of Livonia, Ordinance No 543, as amended, and
Section 5 of Act 207 of the Public Acts of Michigan of 1921, as amended,
Sam Caramagno, 17441 Merriman, Livonia, Michigan 48152, is hereby
appointed to the Zoning Board of Appeals for a three-year term expiring
July 12, 2007, with all the authority and duties as set forth in the said
Zoning Ordinance and Act 207, and further provided that Mr Caramagno
takes the Oath of Office as required in Chapter X, Section 2 of the City
Charter, to be administered by the City Clerk.
On a motion by McCann, seconded by Meakin, and unanimously adopted,
it was
CR 308-04 RESOLVED, that having considered a communication from
the Police Chief, dated June 21, 2004, which bears the signature of the
Director of Finance and the Director of Public Safety, and is approved for
submission by the Mayor, the Council does, for and on behalf of the City
of Livonia, accept a Bonus Grant Award in the amount of$600 00 from the
Wal-Mart Foundation, 702 S W 8th Street, Bentonville, Arkansas 72716,
34720
Regular Meeting of July 7, 2004
the same to be deposited in and credited to Account No 702-----285-213
(Police Crime Prevention) to be used toward the purchase of new Police
Honor Guard uniforms
On a motion by Kokenakes, seconded by Robinson, and unanimously
adopted, it was
CR 309-04 RESOLVED, that having considered a communication from
the Department of Law, dated June 24, 2004, approved for submission by
the Mayor, transmitting for Council acceptance three Grants of Easement,
more particularly described as
(1) Grant of Easement dated June 17, 2004, executed by Pietro
and Maria Bevacqua, to the City of Livonia, for*
An easement described as
The West twelve (12) feet of the following parcel of land Part of Lots
38 and 39, B E Taylor's Green Acres, being a subdivision of part of
the North 1/2 of Section 23, T1 S , R9 E , Livonia Twp (now City of
Livonia), Wayne County, Michigan, as recorded in Liber 69 of Plats,
Page 75 of Wayne County Records Being more particularly described
as Commencing at the northeast corner of said Lot 39, thence South
00°19'15" E , 290 03 feet along the east line of said Lot 39 to the point
of beginning, thence continuing along said east line South 00°19'15"
E , 107 90 feet; thence South 89°17'55" W 152 22 feet to a point on
the west line of said Lot 38, thence North along said west line 106 72
feet; thence North 88'51'01" E 151 62 feet to the point of beginning
Parcel ID No 089010038002
(2) Grant of Easement dated June 17, 2004, executed by Pietro
and Maria Bevacqua, to the City of Livonia, for
An easement described as
The South six (6) feet; Also, the West twelve (12) feet of the following
parcel of land Part of Lots 38 and 39, B E Taylor's Green Acres,
being a subdivision of part of the North 1/2 of Section 23, T 1 S , R.9
E Livonia Twp (now City of Livonia), Wayne County, Michigan, as
recorded in Liber 69 of Plats, Page 75 of Wayne County Records
Being more particularly described as Commencing at the northeast
corner of said Lot 39, thence South 00°19'15" E , 397 93 feet along the
east line of said Lot 39 to the point of beginning, thence continuing
along said east line South 00°19'15" E , 107 90 feet; thence South
aim 89°44'35" W 152 82 feet to a point on the west line of said Lot 38,
34721
Regular Meeting of July 7, 2004
thence North along said west line 106 72 feet; thence North 89°17'55"
E 152.22 feet to the point of beginning
Parcel ID No 089010038003
(3) Grant of Easement dated June 17, 2004, executed by Pietro
and Maria Bevacqua, to the City of Livonia, for
An easement described as.
The North six (6) feet of the following parcel of land Part of Lots 38
and 39, B E Taylor's Green Acres, being a subdivision of part of the
North 1/2 of Section 23, T 1 S , R.9 E , Livonia Twp (now City of
Livonia), Wayne County, Michigan, as recorded in Liber 69 of Plats,
Page 75 of Wayne County Records. Being more particularly described
as Commencing at the northeast corner of said Lot 39, thence South
00°19'15" E., 505 83 feet along the east line of said Lot 39 to the point
of beginning, thence continuing along said east line South 00°19'15"
E , 107 91 feet to the southeast corner of said Lot 39; thence North
89°48'40" W 153 42 feet along the south line of said Lots 39 and 38 to
the southwest corner of said Lot 38, thence North 106 72 feet along
the west line of said Lot 38, thence North 89°44'24" E 152 82 feet to
the point of beginning
Parcel ID No 089010038004
the Council does hereby, for and on behalf of the City of Livonia, accept
the aforesaid Grants of Easement and the City Clerk is hereby requested
to have the same recorded in the Office of the Register of Deeds and to
do all other things necessary or incidental to fulfill the purpose of this
resolution
On a motion by Meakin, seconded by Kokenakes, and unanimously
adopted, it was.
CR 310-04 RESOLVED, that having considered a communication from
the Department of Law, dated June 29, 2004, approved for submission by
the Mayor, with regard to a proposed amendment to Council Resolution
189-04 in connection with the 2004 Asphalt Pavement Rehabilitation/
Reconstruction Paving Program and the 1,800 feet of additional paving of
Ann Arbor Trail in the City of Westland, the Council does hereby amend
and revise Council Resolution 189-04 to read as follows
RESOLVED, that having considered the report and
recommendation of the City Engineer, dated March 29, 2004, which
bears the signature of the Director of Finance, is approved by the
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Regular Meeting of July 7, 2004
Director of Public Works and is approved for submission by the
Mayor, regarding a proposed amendment to the Engineering
Services Contract for Design and Construction Services between
the City of Livonia and Orchard, Hiltz & McCliment, 34000
Plymouth Road, Livonia, Michigan 48150, (previously approved in
Council Resolution 611-02 and amended by Council Resolutions
124-03 and 570-03) for additional work in connection with the 2004
Asphalt Pavement Rehabilitation/Reconstruction Paving Program,
the Council does hereby approve Amendment No 4 to this contract
for additional services in the amount of $135,170 00 ($33,970 00
for Design, $94,200 00 for Construction Engineering and $7,000 00
for Testing), FURTHER, the Council does hereby authorize an
appropriation and expenditure in an amount not to exceed
$81,870 00 from the Unexpended Fund Balance of the Road,
Sidewalk and Tree Fund (Account No 204-441-818-102) for this
purpose, with the understanding that the City of Westland will
reimburse the City of Livonia for engineering services in the
amount of $13,500 00 for 1,800 feet of additional paving on Ann
Arbor Trail in the City of Westland, FURTHER, the Council does
hereby authorize an appropriation and expenditure in the amount of
$53,300 00 from the 2000 Water and Sewer Revenue Bond Issue
for additional water main replacements, 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 Amendment No 4, for and on behalf
of the City of Livonia with the aforesaid company, and to do all
other things necessary or incidental to the full performance of this
resolution
On a motion by Kokenakes, seconded by Meakin, and unanimously
adopted, it was
CR 311-04 RESOLVED, that having considered a communication from
the Department of Law, dated June 29, 2004, approved for submission by
the Mayor, with regard to a proposed amendment to Council Resolutions
190-04 in connection with the 2004 Asphalt Pavement Rehabilitation/
Reconstruction Paving Program and the 1,800 feet of additional paving of
Ann Arbor Trail in the City of Westland, the Council does hereby amend
and revise Council Resolution 190-04 to read as follows.
RESOLVED, that having considered the report and
recommendation of the City Engineer, dated April 15, 2004, which
bears the signature of the Director of Finance, is approved by the
Director of Public Works and is approved for submission by the
Mayor, the Council does hereby accept the bid of Hayball
34723
Regular Meeting of July 7, 2004
Transport, Inc , 12550 Farmington Road, Livonia, Michigan 48150,
for the 2004 Asphalt Pavement Rehabilitation/ Reconstruction
Program (Contract 04-A) on various asphalt streets throughout the
City of Livonia based on the Pavement Management Study, for the
estimated total cost of $2,880,582 45, based on the Engineering
Division's estimate of units of work involved and subject to the final
payment based on the actual units of work as constructed 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
expenditure in an amount not to exceed $2,570,815 65 from funds
already budgeted in the Road, Sidewalk and Tree Fund as follows
Reconstruction Account No 204-463-818-110 $ 743,264 23
Rehabilitation Account No 204-463-818-112 1,728,731 45
Maintenance Account No 204-463-818-114 98,819 97
for this purpose, FURTHER, the Council does hereby appropriate
and authorize an expenditure in the amount of $309,766 80 for the
water main replacement portion of the project utilizing all remaining
monies from the 2000 Bond Sale with the remainder coming from
the Unexpended Fund Balance of the Water and Sewer Fund with
reimbursement from a future bond sale, and the City Engineer is
hereby authorized to approve any minor adjustments in the work as
completed, 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, FURTHER, the Council
does hereby authorize the Mayor and City Clerk to execute an
Agreement with the City of Westland wherein the City of
Westland will reimburse the City of Livonia the cost of paving
1,800 feet of Ann Arbor Trail in the City of Westland, which
amount is estimated to be $80,000 00.
On a motion by McCann, seconded by Knapp, and unanimously
adopted, it was
CR 312-04 RESOLVED, that the Council does hereby suspend their
rules for procedure as outlined in Council Resolution 574-82 so as to
permit consideration of items that do not appear on the agenda
On a motion by Kokenakes, seconded by Knapp, it was
CR 313-04 RESOLVED, that having considered a communication from
the Department of Law, dated July 7, 2004, the Council does hereby, by a
two-thirds roll call vote in accordance with Section 7(1) of the Open
34724
Regular Meeting of July 7, 2004
Meetings Act, direct that a closed Committee of the Whole meeting be
held for the purposes of discussing litigation matters and attorney/client
privileged communications in connection with pending litigation, Middlebelt
Plymouth Venture, LLC (Wonderland Mall) v City of Livonia
A roll call vote was taken on the foregoing resolution with the following result:
AYES Kokenakes, Godfroid-Marecki, McCann, Robinson, Knapp, Meakin
and Taylor
NAYS None
The President declared the resolution duly adopted
During the audience communication portion of the agenda at the end of
the meeting, Council President Taylor thanked City Attorney Sean Kavanagh and the
Law Department for their efforts relative to receiving a $110,000.00 check from the
Detroit Water Department due to damage done to the City of Livonia water mains.
Councilmember Knapp congratulated his sister, Monica F Hall, on the
birth of his second nephew, Andrew Michael Hall, born on July 5, 2004
On a motion by Meakin, seconded by Knapp, and unanimously adopted,
this 1,516th Regular Meeting of the Council of the City of Livonia was adjourned at 8 36
p m , July 7, 2004
di-14-44-',4-154frfr
Val Vandersloot, City Clerk