HomeMy WebLinkAboutCOUNCIL MINUTES 2009-04-29 37133
MINUTES OF THE ONE THOUSAND SIX HUNDRED THIRTY FIRST
REGULAR MEETING OF APRIL 29, 2009
On April 29, 2009, the above meeting was held at the City Hall, 33000
Civic Center Drive, Livonia, Michigan and was called to order by the Vice-President
of the Council at 8 00 p m Councilmember Laura led the meeting with the Pledge of
Allegiance
Roll was called with the following result: Joe Laura, Brian Meakin,
Thomas Robinson, James McCann, John Pastor, and Terry Godfroid-Marecki
Absent. Laura Toy
Elected and appointed officials present: Todd Zilincik, City Engineer;
Judy Priebe, Technical Specialist, Mark Taormina, City Planner; Don Knapp, City
Attorney; Linda Grimsby, City Clerk, Diane Policelli, Library Commissioner; Lynda
Scheel, Livonia Public School Board Trustee, and Mayor Jack Kirksey
On a motion by Meakin, seconded by Robinson, it was
#161-09 RESOLVED that the Minutes of the 1,630th Regular
Meeting of the Council held April 8, 2009 are hereby approved as
submitted
A roll call vote was taken on the foregoing resolution with the following result:
AYES Laura, Meakin, Robinson, McCann, and Pastor
NAYS None
PRESENT Godfroid-Marecki
The Vice-President declared the resolution adopted
Vice-President Godfroid-Marecki wished Karen Tesner, Director of
Legislative Affairs, a speedy recovery from her recent surgery on behalf of the
Council
Regular Meeting Minutes of April 29, 2009 37134
Vice-President Godfroid-Marecki wished Councilmember Robinson a
Happy Birthday and indicated Robinson will celebrate his birthday tomorrow, April
30th
Vice-President Godfroid-Marecki welcomed Boy Scout Troup 271 to
the meeting
Mayor Kirksey addressed Council to thank everyone for the success of
the recent Town Hall Meeting held at City Hall on Monday, April 27, 2009 Mayor
Kirksey thanked residents for participating and offering their suggestions on ways to
help balance the City's budget. Mayor indicated he will meet with all City Union
employees within the next two weeks and will get back with Council regarding
recommendations for the City's Economic Development plan, revenue
enhancement, and possible cost-cutting strategies for final approval
Mayor Kirksey also reported he had met with Public Safety Officials
earlier in the day and was pleased to report everything has been prepared to
respond to an outbreak of the H1N1 Flu (Swine Flu), should an outbreak occur
Mayor Kirksey informed residents they can obtain more detailed information about
the City's budget concerns and the H1N1 Flu (Swine Flu) from the City's website
Vice-President Godfroid-Marecki announced a Public Hearing for the
following two items to be held on Wednesday, May 6, 2009, at 6 30 p m in the
Auditorium of Livonia City Hall, 33000 Civic Center Drive, Livonia, Michigan
A123 Systems, Inc., requesting approval of an Industrial Facilities
Exemption Certificate in connection with the development of their
facility located at 39000 West Seven Mile Road, Livonia, MI 48152,
which will include the purchase of new equipment and machinery
(Industrial Development District#13)
AND
A123 Systems, Inc , requesting approval of an Exemption of Personal
Property under PA 328 of 1998 in connection with the development of
their facility located at 39000 West Seven Mile Road, Livonia, MI
48152, which will include the purchase of new equipment and
machinery (Industrial Development District#13)
On a motion by Pastor, seconded by Meakin, and unanimously
adopted, it was
#162-09 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
Regular Meeting Minutes of April 29, 2009 37135
On a motion by Meakin, seconded by Pastor, it was
#163-09 RESOLVED, that the Council does hereby suspend the
requirement for notice 10 days prior to a hearing on an Application for
Industrial Facilities Exemption under Public Act 198 of 1974, as
amended, set forth in the City's Tax Incentive Policy adopted in
Council Resolution 504-05, with respect to an Application from A123
Systems, Inc., as to which a hearing will be held before the Council at
6 30 p m on Wednesday, May 6, 2009, FURTHER, the City Clerk is
hereby directed to give the statutory written notice of said hearing as
soon as it is feasible to do so
A roll call vote was taken on the foregoing resolution with the following result.
AYES Laura, Meakin, Robinson, McCann, Pastor, and
Godfroid-Marecki
NAYS None
The Vice-President declared the resolution adopted
Vice-President Godfroid-Marecki announced a Public Hearing for the
following item to be held on Wednesday, May 27, 2009, at 7 00 p m in the
Auditorium of Livonia City Hall, 33000 Civic Center Drive, Livonia, Michigan
Request of Alex Bishop, Director of Inspection, City of Livonia, to hold
a hearing on the findings of the Order of the Hearing Officer regarding
the demolition of the residential structure located at 33680
Orangelawn, Livonia, MI 48150, in accordance with Section 140 of
Chapter 15 52, Dangerous Buildings and Structures, of the Livonia
Code of Ordinances, as amended
During Audience Communication, Lynda Scheel, Livonia Public School
Board Trustee, reminded residents to vote in the upcoming School Board election to
be held on Tuesday, May 5, 2009 Ms Scheel indicated the polls will be open from
7 00 a m to 8 00 p m on May 5th and residents can obtain an Absentee Ballot
through Saturday, May 2nd
On a motion by Robinson, seconded by Laura, and unanimously
adopted, it was
#164-09 RESOLVED, that having considered a request from
Thomas Robinson, the Council does hereby refer the issue of placing
the City logo on all vehicles owned by the City to the Committee of the
Whole for its report and recommendation
Regular Meeting Minutes of April 29, 2009 37136
A communication from the Department of Finance, dated April 2, 2009,
re forwarding various financial statements of the City of Livonia for the month
ending January 31, 2009, was received and placed on file for the information of the
Council
A communication from the Department of Finance, dated April 14,
2009, re forwarding various financial statements of the City of Livonia for the month
ending February 28, 2009, was received and placed on file for the information of the
Council
A communication from the Division of Police, dated April 22, 2009, re
additional information in opposition to granting the request submitted by Detroit
ISKCON to waive the City's Noise Ordinance on Saturday, June 27, 2009, for their
proposed parade entitled "Festival of Chariots", was received and placed on file for
the information of the Council
On a motion by Meakin, seconded by Pastor, it was
#165-09 RESOLVED, that having considered an application from
Kathleen A. Fitzgerald, 9917 Cranston, dated April 8, 2009, requesting
permission to close Cranston between Elmira and Orangelawn on
Monday, May 25, 2009, from 2 00 p m to 8 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.
#166-09 RESOLVED, that having considered an application from
Amy Fogle, 9870 Henry Ruff, dated April 13, 2009, requesting
permission to close Henry Ruff between Robert and Orangelawn on
Saturday, June 6, 2009, from 12 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, June 7, 2009, in the event of inclement weather, the action
taken herein being made subject to the approval of the Police
Department.
Regular Meeting Minutes of April 29, 2009 37137
#167-09 RESOLVED, that having considered a letter from Peggy
Roberts, Executive Director, AAA Pregnancy Resource Center, dated
April 13, 2009, which requests permission to waive Section 8 32 070
(Noise Control) of the Livonia Code of Ordinances, in connection with
the Annual Walk For Life Fundraiser, which will take place in Livonia
on Saturday, May 16, 2009, to allow a live band to perform between
the hours of 9 00 a m and 2 00 p m at 16751 and 16755 Middlebelt
Road, the Council does hereby grant and approve this request in the
manner and form herein submitted
#168-09 RESOLVED, that having considered a letter from
Naimish Patel, Director of Events, Detroit ISKCON, dated April 14,
2009, which requests permission to waive Section 8 32 070 (Noise
Control) of the Livonia Code of Ordinances, as amended, to close
portions of streets in Livonia and for approval of the 13th Annual
Festival of Chariots to allow a parade pulling a large chariot, with
music, singing and dancing and for a festival to be located at 28875
Seven Mile Road on Saturday, June 27, 2009, and having further
considered the report and recommendation of the Chief of Police,
dated April 22, 2009, the Council does hereby determine to deny this
request due to the reasons set forth in the aforesaid report and
recommendation
#169-09 RESOLVED, that having considered a letter from the
Michigan Liquor Control Commission, dated January 21, 2009, and the
report and recommendation of the Chief of Police, dated April 1, 2009,
approved for submission by the Mayor, the Council does hereby
approve of the request from SEP-12, L L C for transfer of ownership of
a 2008 Class C licensed business located in escrow at 6553 E
McNichols, Detroit, Michigan 48212, Wayne County, from Hamilton's
Red Rooster #1, Inc , to transfer location (Governmental Unit) (MCL
436 1531(1)) for a business located at 31530 Plymouth Road, Livonia,
Michigan, Wayne County; and for a new Official Permit (Food), and the
City Clerk is hereby requested to forward a certified copy of this
resolution to the Michigan Liquor Control Commission
#170-09 RESOLVED, that having considered a communication
from the City Clerk, dated March 27, 2009, regarding the establishment
of one or more Receiving Boards to administer any upcoming election
scheduled in the jurisdiction, the Council does hereby provide that at
any election in the City of Livonia at which ballots are counted and
certified at the precinct, one or more additional Boards of Election
Inspectors may be appointed to serve as Receiving Boards pursuant to
MCL 168 679a
I
two
Regular Meeting Minutes of April 29, 2009 37138
#171-09 RESOLVED, that having considered a communication
from the City Treasurer, dated March 25, 2009, which bears the
signature of the Director of Finance and is approved for submission by
the Mayor, the Council does hereby amend and revise Council
Resolution 31-09 adopted at the January 28, 2009 Regular meeting so
as to have the same read as follows
RESOLVED, that having considered a communication from the
City Treasurer, dated January 12, 2009, which bears the
signature of the Finance Director and is approved for
submission by the Mayor, the Council does hereby approve the
appointment of Sharon Dolmetsch to the position of Deputy
Treasurer effective February 1, 2009, FURTHER, the Council
does hereby establish the salary for this position in the amount
of $60,361 60 with the understanding that all benefits, as well as
the salary increase to be effective December 1, 2008, as
previously approved by the Council for other appointed positions
within the City be also extended to this position
#172-09 RESOLVED, THAT WHEREAS, under the provisions of
Title I of the Housing and Community Development Act of 1974, as
amended, the Secretary of Housing and Urban Development is
authorized to make grants to units of local government to help finance
community development programs, and
WHEREAS, the primary objective of such Act is the development of
viable urban communities by providing decent housing and suitable
living environment and expanding economic opportunities, principally
for persons of low and moderate income, and
WHEREAS, to obtain its Fiscal Year 2009-2010 entitlement funds
under the Community Development Block Grant Program as
authorized by the Housing Community Development Act of 1974, the
City of Livonia must submit a statement of community development
objectives and project use of funds, satisfactory assurances that the
Program will be conducted and administered in accordance with
appropriate federal and state laws and Department of Housing and
Urban Development regulations, and satisfactory assurances that,
prior to submission of its Final Statement of Community Development
Objectives and Projected Use of Funds, it has (A) provided citizens
with adequate information concerning the amount of funds available for
proposed community development and housing activities, the range of
activities that may be undertaken, the estimated amount of those funds
proposed to be used for activities that will benefit low and moderate
income persons, and other important program requirements, (B) held a
public hearing to obtain the views of citizens on community
REVISED
Regular Meeting Minutes of April 29, 2009 37139
development and housing needs, and (C) provided citizens an
adequate opportunity to examine the content of and to submit
comments on the proposed Statement of Community Development
Objectives and Projected Use of Funds
NOW, THEREFORE, BE IT RESOLVED, by the City Council of
Livonia, Michigan, that the Final Statement of Community
Development Objectives and Projected Use of Funds for the Fiscal
Year 2009-2010 Community Development Block Grant Program is
hereby approved and shall be submitted to the Department of Housing
and Urban Development; FURTHER, the Director of Housing, Mayor,
and City Clerk shall have the authority to execute the sub-recipient
contracts
#173-09 RESOLVED, that having considered the report and
recommendation of the Director of the Housing Commission, dated
April 1, 2009, which bears the signature of the Director of Finance and
is approved for submission by the Mayor, and to which is attached
proposed Hold Harmless Contracts between the City of Livonia and
First Step, Fair Housing Center of Metropolitan Detroit, Jacque Martin-
Downs, MA/MSW, St. John Health System/Eastwood Clinics, John V
Farrar, Ed D, LPC, Geriatric Case Management; Hegira Programs,
Inc., Starfish Family Services, Madonna University; and Quality Care
Counseling for the period July 1, 2009, through June 30, 2010, in
connection with the CDBG-Funded Victim Assistance, Fair Housing
Initiative and Mental Health Counseling Programs, the Council does
hereby authorize the Mayor, City Clerk and Housing Director, for and
on behalf of the City of Livonia, to execute the hold harmless contracts
in the manner and form herein submitted, as well as to do all other
things necessary or incidental to the full performance of this resolution
#174-09 RESOLVED, that having considered the report and
recommendation of the Housing Director, dated April 1, 2009, which
bears the signature of the Director of Finance and is approved for
submission by the Mayor, to which is attached a proposed
Community/Financial Institution Participation Agreement between the
City of Livonia - Housing Commission and the Michigan State Housing
Development Authority (MSHDA) to continue the Housing
Commission's participation in the MSHDA Property Improvement
Program (PIP) with a new lending institution (Fifth Third Bank), the
Council does hereby approve this Agreement in the manner and form
herein submitted, and the Mayor, City Clerk and Housing Director are
hereby authorized to execute this Agreement, for and on behalf of the
City of Livonia, and to do all things necessary or incidental to the full
performance of this resolution, FURTHER, the Council does hereby
authorize the Mayor, City Clerk and Housing Director to execute new
Regular Meeting Minutes of April 29, 2009 37140
Participation Agreements should MSHDA approve new community
lenders
#175-09 RESOLVED, that having considered the report and
recommendation of the City Engineer-Operations and the Director of
Public Works, dated April 7, 2009, 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 The ODB Co , 5118 Glen Alden
Drive, Richmond, Virginia 23231, for supplying the Public Service
Division (Road Maintenance Section) with three (3) trailer-mounted leaf
collectors for a net price of $53,385 00, based on a total price of
$56,010 00 less trade-ins of $2,625 00, the same having been in fact
the lowest and only bid received and meets all specifications, and the
amount of $53,385 00 is hereby authorized to be expended from funds
already budgeted in Account No 205-527-987-000 (Municipal Refuse
Fund) for this purpose
#176-09 RESOLVED, that having considered the report and
recommendation of the City Engineer — Operations and the Director of
Public Works, dated April 8, 2009, 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, 2009, through April 30, 2010
1 Nagle Paving Company, 39525 13 Mile Road, Novi, Michigan 48377
1100T 20A Asphaltic Concrete $39 75 per ton
1100T 36A Asphaltic Concrete 43 50 per ton
1100L Asphaltic Concrete 39 00 per ton
2 Barrett Paving Materials, 13501 Huron River Drive, Romulus,
Michigan 48174
Cold Patch Material — Pave 192, Delivered $79 00 per ton
3 Ajax Materials Corporation, 830 Kirts Boulevard, Suite 100, Troy,
Michigan 48084
Cold Patch Material — U P M or Q P R.,
Delivered $87 25 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
Regular Meeting Minutes of April 29, 2009 37141
the Public Service Division (Road Maintenance Section) with
bituminous materials specified at the unit prices bid for the period May
1, 2009, through April 30, 2010
1 Ajax Materials Corporation, 830 Kirts Boulevard, Suite 100, Troy,
Michigan 48084
1100T 20A Asphaltic Concrete $45 00 per ton
1100T 36A Asphaltic Concrete 50 00 per ton
1100L Asphaltic Concrete 44 00 per ton
Cold Patch Material — Pave 192, Delivered 84 54 per ton
2 Saginaw Asphalt Paving Company, 2981 Carrollton Road, Saginaw,
Michigan 48604
Cold Patch Material — U P M or Q P R.,
Delivered $88 90 per ton
FURTHER, the Council does hereby authorize the expenditure of
funds already budgeted from Account No 101-463-782-000 for this
purpose
#177-09 RESOLVED, that having considered the report and
recommendation of the City Engineer, dated April 3, 2009, 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 unit price bid of DiLisio Contracting
Inc., 23525 Lakepointe Drive, Clinton Twp , Michigan 48036, for
completing all work required in connection with the 2009 Concrete
Road Repair Program — Reconstruction Project (Contract 09-C) on
various streets throughout the City of Livonia for the estimated total
cost of $2,018,227 50, 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 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 expenditure in an amount not to exceed
$1,730,482 25 from funds already budgeted in the Roads, Sidewalks
and Tree Fund (Account No 202-463-818-110 — Reconstruction) for
this purpose, FURTHER, the Council does hereby authorize an
expenditure in an amount not to exceed $287,745 25 for the West
Chicago Water Replacement portion of the 2009 Concrete Road
Repair Program — Reconstruction from the proceeds of the 2005 Water
and Sewer Bond Issuance for this purpose, and the City Engineer is
hereby authorized to approve any minor adjustments in the work as it
becomes necessary; and the Mayor and City Clerk are hereby
Regular Meeting Minutes of April 29, 2009 37142
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
#178-09 RESOLVED, that having considered the report and
recommendation of the City Engineer, dated March 23, 2009, 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 unit price bid of Michigan Joint
Sealing, Inc , 28830 W Eight Mile, Suite 103, Farmington Hills,
Michigan 48336, for completing all work required in connection with the
2009 Pavement Crack and Joint Sealing Program (Contract 09-D) for
the estimated total cost of $123,715 00, FURTHER, the Council does
hereby authorize an expenditure in the amount of $93,715 00 from
funds already budgeted in Account No 203-463-818-117 (Local
Roads) and in the amount of $30,000 00 from funds already budgeted
in Account No 202-463-818-117 (Major Roads) for this purpose,
FURTHER, the foregoing amounts are based upon the Engineering
Division's estimate of units involved, and are subject to final payments
based upon the actual units completed in accordance with the unit
prices accepted herein, said estimated costs and unit prices having
been in fact the lowest bid received and meets all specifications, 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 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
#179-09 RESOLVED, that having considered the report and
recommendation of the City Engineer, dated April 3, 2009, which bears
the signature of the Director of Finance, is approved by the Director of
Public Works and Superintendent of Parks and Recreation and is
approved for submission by the Mayor, the Council does hereby
accept the unit price bid of Racquet Sports, 5850 Comstock Park
Drive, Comstock Park, Michigan 49321, for completing all work
required in connection with the 2009 Tennis Court Maintenance Project
(Contract 09-E) for the estimated total cost of $126,849 52, FURTHER,
the Council does hereby authorize an expenditure in the amount of
$126,849 52 from funds already budgeted in Account No 208-756-
987-000 (Community Recreation — Other Recreation — Capital
Projects) for this purpose, FURTHER, the foregoing amounts are
based upon the Engineering Division's estimate of units involved, and
are subject to final payments based upon the actual units completed in
accordance with the unit prices accepted herein, said estimated costs
and unit prices having been in fact the lowest bid received and meets
all specifications, and the City Engineer is hereby authorized to
Regular Meeting Minutes of April 29, 2009 37143
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
#180-09 RESOLVED, that having considered the report and
recommendation of the City Engineer, dated April 8, 2009, 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 unit price bid of Joe Rotondo
Construction, 38807 Ann Arbor Road, Suite 2, Livonia, Michigan
48150, for completing all work required in connection with the 2009
Sidewalk Replacement Program (Contract 09-G) at the unit prices bid
for a total amount not to exceed $603,677 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
$144,636 53 (single lot assessment portion of the program) from the
Road, Sidewalk and Tree Fund with the provision that this fund 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 $18,758 80 from the Unexpended Fund Balance of
the Major Road Account and $145,128 94 from the Unexpended Fund
Balance of the Local Road Account of the Michigan Transportation
Fund to cover the costs related to the construction or reconstruction of
handicap ramps at major and local roads, FURTHER, the Council does
hereby authorize an expenditure in the amount of $7,300 00 from the
Unexpended Fund Balance of the Water and Sewer Fund for sidewalk
work adjacent to and including water, storm and sanitary structure
repairs, FURTHER, the Council does hereby authorize an expenditure
in the amount of $200,000 00 from funds already budgeted for this
purpose from the Road, Sidewalk and Tree Fund (Account No 204-
441-818-104 — Contractual Service Sidewalk) for repair of sidewalks
heaved by tree roots, FURTHER, the Council does hereby appropriate
and authorize an additional expenditure in the amount of $148,220 43
from the Unexpended Fund Balance of the Road, Sidewalk and Tree
Fund to repair sidewalks heaved by tree roots, 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 to execute a contract for and on behalf of the City of Livonia
Regular Meeting Minutes of April 29, 2009 37144
with the aforesaid bidder and to do all other things necessary or
incidental to the full performance of this resolution
#181-09 RESOLVED, that having considered the report and
recommendation of the City Engineer, dated April 3, 2009, 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 unit price bid of Galui Construction
Inc., 33805 Harper Ave , Clinton Twp , Michigan 48035, for completing
all work required in connection with the 2009 Concrete Road Repair
Program — Maintenance (Contract 09-L) on various streets throughout
the City of Livonia for the estimated total cost of $1,063,225 00, 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
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 expenditure in an amount not to exceed $1,063,225 00 from funds
already budgeted in the Roads, Sidewalks and Tree Fund (Account
No 204-463-818-114 — Maintenance) for this purpose, and the City
Engineer is hereby authorized to approve any 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
#182-09 RESOLVED, that having considered a communication
from the City Planning Commission, dated March 31, 2009, which
transmits its resolution 03-25-2009, adopted on March 24, 2009, with
regard to Petition 2009-02-02-04, submitted by JML3, L.L C
requesting waiver use approval for outdoor seating for an existing full
service restaurant (Aladdin's Eatery) on property located on the north
side of Six Mile Road, between Newburgh Road and Fitzgerald
Avenue (37104 Six Mile Road), within the Key Bank Commons
Shopping Center, in the Southwest 1/4 of Section 8, which property is
zoned C-2, the Council does hereby concur in the recommendation
made by the City Planning Commission and Petition 2009-02-02-04 is
hereby approved and granted, subject to the following conditions
1 That the Proposed Outdoor Seating Plan marked Sheet C-1
prepared by Technical Group Inc., received by the Planning
Commission on March 13, 2009, is hereby approved and shall
be adhered to, with the outdoor seating being confined to
portions of the sidewalk directly south of the subject restaurant
unit as shown on said plan,
Regular Meeting Minutes of April 29, 2009 37145
2 That the gate in the fence enclosing the outdoor seating area
shall be positioned to swing open to allow passage in the
direction of the handicapped ramp and at least 60 inches of
clear space shall be maintained between the fence and the
south edge of the sidewalk and also between the fence and the
existing planter on the westerly portion of the sidewalk,
3 That the maximum number of customer seats shall not exceed
84 seats, including 60 seats inside the building and 24 outdoor
seats,
4 That trash receptacles shall be provided for the outdoor seating
area and shall be emptied regularly as needed,
5 That all lighting equipment installed for the outdoor seating area
shall be hooded or shielded to minimize stray light trespassing
across property lines and glaring into adjacent roadway;
6 That sound levels of any outdoor speakers shall be kept to a
reasonable minimum so as to not become objectionable,
7 That only conforming signage is approved with this petition, and
any additional signage shall be submitted for review and
approval by the Planning Commission and City Council,
8 That no LED lightband or exposed neon shall be permitted on
the site including, but not limited to, the building or around the
windows,
9 That all conditions imposed by Council Resolution #514-08,
which granted waiver use approval to operate a Class C license
in connection with the subject restaurant, shall remain in effect
to the extent that they are not in conflict with this approval, and
10 That the specific plans referenced in this approving resolution
shall be submitted to the Inspection Department at the time of
application for a Zoning Compliance Permit for the outdoor
dining
#183-09 RESOLVED, that having considered a request from
Councilmember James McCann, the Council does hereby refer the
subject of the maintenance of bank-owned and abandoned properties
to the Legislative Affairs Committee for its report and recommendation
A roll call vote was taken on the foregoing resolutions with the following result:
Regular Meeting Minutes of April 29, 2009 37146
AYES Laura, Meakin, Robinson, McCann, Pastor, and
Godfroid-Marecki
NAYS None
A communication from Plante & Moran, dated April 7, 2009, re
summarized Audit Presentation for the City of Livonia for the Fiscal Year ending
November 30, 2008, was received and placed on file for the information of the
Council (CR 367-02)
A communication from the Department of Finance, dated April 2, 2009,
re City of Livonia Audit Reports for the Fiscal Year ending November 30, 2008, was
received and placed on file for the information of the Council (CR 367-02)
Pastor provided a verbal update regarding the topic of annual audit
reports for the City and indicated the matter would remain in the Finance, Budget
and Technology Committee (CR 367-02)
McCann gave first reading to the following Ordinance
AN ORDINANCE AMENDING SECTION 070 OF TITLE 5, CHAPTER
33 (GARAGE, YARD, BASEMENT AND RUMMAGE SALES) 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 an upcoming regular
meeting
Meakin took from the table, for second reading and adoption, the
following Ordinance
AN ORDINANCE AMENDING SECTION 9 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 2008-09-01-07)
it
Regular Meeting Minutes of April 29, 2009 37147
A roll call vote was taken on the foregoing Ordinance with the following result:
AYES Laura, Meakin, Robinson, McCann, Pastor, and
Godfroid-Marecki
NAYS None
The Vice-President declared the foregoing Ordinance duly adopted, and would
become effective on publication
On a motion by Pastor, seconded by Laura, and unanimously adopted,
it was
#184-09 RESOLVED, that pursuant to a Public Hearing having
been held by the City Planning Commission on January 27, 2009, on
Petition 2008-12-02-31 submitted by 19055 Farmington Road L.L C
requesting waiver use approval to operate a full service restaurant with
drive-up window facilities at 19055 Farmington Road, located on the
west side of Farmington Road between Clarita Avenue and Seven Mile
Road in the Northeast 1/4 of Section 9, which property is currently
zoned C-2 with the exception of a portion of the parcel which is
currently zoned R-3 and is proposed to be rezoned to C-2, the
Planning Commission does hereby recommend to the City Council that
Petition 2008-12-02-31 be approved subject to the following conditions
1 That the Site Plan marked Sheet 1 of Job #08031 prepared by
Arpee/Donnan, Inc , dated April 15, 2009, as revised, is hereby
approved and shall be adhered to,
2 That the Landscape Plan marked Sheet 2 of Job #0831
prepared by Arpee/Donnan, Inc , dated March 30, 2009, as
revised, is hereby approved and shall be adhered to, subject to
the following stipulations
That all disturbed lawn areas shall be sodded in lieu
of hydroseeding,
- That underground sprinklers shall be provided for all
landscaped and sodded areas,
That all planted materials shall be installed to the
satisfaction of the Inspection Department and thereafter
permanently maintained in a healthy condition,
Regular Meeting Minutes of April 29, 2009 37148
3 That the maximum number of customer seats shall not exceed a
total of forty-six (46) seats, including thirty-one (31) interior
seats and fifteen (15) outdoor patio seats,
4 That the Exterior Elevations Plan marked Sheet A-7 prepared
by Advanced Restaurant Design & Engineering, dated January
29, 2009, is hereby approved and shall be adhered to,
5 That the brick used in the construction shall be full face 4-inch
brick,
6 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,
7 That the masonry screen wall and the walls of the dumpster
enclosure shall be constructed of full face 4" brick, or poured
concrete with simulated brick design, and the enclosure gates
shall be of steel construction or reinforced fiberglass which,
when not in use, shall be closed at all times,
8 That the light poles shall be a maximum of 20 feet high including
the base and all light fixtures shall be shielded to minimize glare
trespassing on adjacent properties and roadways,
9 That all parking spaces shall be double striped, including the
provision of barrier free parking with proper signage, marking
and configuration, and all parking spaces shall comply with size
requirements,
10 That the outdoor patio seating shall be confined to the area
designated for that purpose on the above referenced Site Plan,
11 That the patio enclosure shall consist of brick piers with wrought
iron fencing, subject to final approval of Planning and Inspection
Departments,
12 That the outdoor dining shall be conducted in a manner that will
insure that sufficient clear space for pedestrian circulation and
egress is maintained on the sidewalk at all times,
13 That a trash receptacle shall be provided for the outdoor patio
area and shall be emptied regularly as needed,
Regular Meeting Minutes of April 29, 2009 37149
14 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,
15 That no LED lightband or exposed neon shall be permitted on
this site including, but not limited to, the building or around the
windows,
16 That the hours of operation of the drive-up window shall be
limited to the time period between 6 00 a m and 12.00 midnight;
17 That the petitioner shall present evidence of a cross parking
agreement that provides for sufficient parking on adjacent
property; and
18 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
On a motion by Pastor, seconded by Meakin, and unanimously
adopted, it was
#185-09 RESOLVED, that having considered the report and
recommendation of the City Engineer — Operations and the Director of
Public Works, dated April 7, 2009, which bears the signature of the
Director of Finance and is approved for submission by the Mayor, the
Council does hereby accept the bid of Rayco of Michigan, Inc., 19322
Gerald Street, Northville, Michigan 48167, for supplying the Public
Service Division (Road Maintenance Section) with three (3) 16 5"
brush chippers for a net price of $126,800 00, based on a total price of
$142,800 00 less trade-ins of $16,000 00, the same having been in
fact the lowest bid received and meets all specifications, and the
amount of $126,800 00 is hereby authorized to be expended from
funds already budgeted in Account No 205-527-987-000 (Municipal
Refuse Fund) for this purpose
A communication from the Department of Finance, dated April 28,
2009, re additional information on wage comparables relative to the Fire Fighters
Union Tentative Agreement, was received and placed on file for the information of
the Council
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Regular Meeting Minutes of April 29, 2009 37150
On a motion by Pastor, seconded by Meakin, and unanimously
adopted, it was
#186-09 RESOLVED, that having considered the report and
recommendation of the Human Resources Director, dated March 5,
2009, approved for submission by the Mayor, and which transmits its
resolution 09-44 adopted by the Civil Service Commission on March 3,
2009, wherein the Commission has approved the proposed Agreement
between the City of Livonia and the Livonia Fire Fighters Union for the
period December 1, 2008, through November 30, 2012, the Council
does hereby concur in the recommendation of the Civil Service
Commission and the said Agreement is hereby approved, and the
Mayor and City Clerk are hereby requested to affix their signatures to
the aforesaid contract, for and on behalf of the City of Livonia, and to
do all other things necessary or incidental to the full performance of
this resolution
On a motion by McCann, seconded by Meakin, it was
#187-09 RESOLVED, that having considered a communication
from the Department of Law, dated April 14, 2009, the Council does
hereby, by a two-thirds roll call vote in accordance with Section 7(1) of
the Open 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, Lois Waller v City of Livonia
A roll call vote was taken on the foregoing resolution with the following result:
AYES Laura, Meakin, Robinson, McCann, Pastor, and
Godfroid-Marecki
NAYS None
The Vice-President declared the resolution adopted
There was no Audience Communication at the end of the meeting
Pastor wished his daughter, Rachel, good luck in her upcoming dance
competition this weekend to be held at Mercy High School
McCann congratulated his son, Tyler, for successfully completing his
first year away at college at Western Michigan University
Regular Meeting Minutes of April 29, 2009 37151
Vice-President Godfroid-Marecki congratulated her daughter, Brynn,
for successfully completing her first year at college
On a motion by Pastor, seconded by McCann, and unanimously
adopted, this 1,631st Regular Meeting of the Council of the City of Livonia was
adjourned at 8 28 p m
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Linda Grimsby, City Clerk