HomeMy WebLinkAboutCOUNCIL MINUTES 2006-12-04 REVISED 36012
REVISED MINUTES OF THE ONE THOUSAND FIVE HUNDRED SEVENTY-FOURTH
REGULAR MEETING OF DECEMBER 4, 2006
On December 4, 2006, the above meeting was held at the City Hall, 33000
Civic Center Drive, Livonia, Michigan, and was called to order by the President of the
Council at 8 00 p m Councilmember Taylor gave the invocation and asked for a
moment of silence for Stan Dobis, who passed away on Saturday, December 2, 2006
Roll was called with the following result: Gerald Taylor, Donald Knapp,
Brian Meakin, Terry Godfroid-Marecki, Joe Laura, Thomas Robinson and James
McCann Absent: none
Elected and appointed officials present: Jack Engebretson, Mayor;
Val Vandersloot, City Clerk, Mark Taormina, City Planner; Robert Schron, City
Engineer; Sean P Kavanagh, City Attorney; Karen Szymula, Director of Legislative
Affairs, Sherron Schultz, City Assessor and Dan Putman, Information Systems Director
On a motion by Robinson, seconded by Knapp and adopted, it was
#580-06 RESOLVED that the minutes of the 1,573rd Regular Meeting
of the Council held November 20, 2006 are hereby approved as
submitted
A roll call vote was taken on the foregoing resolution with the following result:
AYES Taylor, Knapp, Meakin, Laura, Robinson and McCann
NAYS None
PRESENT Godfroid-Marecki
Knapp expressed condolences to the family of Stan Dobis, long-time
Cable Commissioner and Channel 8 cameraman
Regular Meeting Minutes of December 4, 2006 36013
Council President McCann announced that two X-items were added to the
end of the agenda, an appointment to the Board of Asessors, as well as an appointment
to the PRDA.
Council President McCann reminisced about Stan Dobis and also sent
condolences to his family
Council President McCann also announced that a Public Hearing for the
following item will be held on Wednesday, January 24, 2007 at 7 00 p m in the
Auditorium of the Livonia City Hall, 33000 Civic Center Drive, Livonia, MI
APPLICATION FOR INDUSTRIAL FACILITIES EXEMPTION
CERTIFICATE David E Starkie, Chief Financial Officer, Bodycote
Thermal Processing, Inc , re to cover the addition of low pressure
carburize equipment to increase their production of transmission gears at
their facility located at 31888 Glendale, Livonia MI 48150 (I D D No 103)
Communication from the Department of Finance, dated November 20,
2006, re forwarding various financial statements of the City of Livonia for the month
ending October 30, 2006, was received and placed on file for the information of the
Council
Communication from the Engineering Division, dated November 28, 2006,
re additional information on the request to extend the Design and Construction
Engineering Contracts for the 2007 Concrete Pavement and Asphalt Pavement
Reconstruction and Rehabilitation Programs was received and placed on file for the
information of the Council (CR 464-05 and CR 465-04)
On a motion by Meakin, seconded by Knapp, it was
#581-06 RESOLVED, that having considered a letter from the
Michigan Liquor Control Commission, dated July 21, 2006, and the report
and recommendation of the Chief of Police, dated November 9, 2006,
approved for submission by the Director of Public Safety and the Mayor,
the Council does hereby approve of the request from Fleming's/Great
Lakes-I, Limited Partnership (a Florida Limited Partnership) for Transfer of
Ownership of a 2006 Class C Licensed Business (in escrow) with Official
Permit (food) from Han Dynasty International, Ltd , and to transfer location
from 23514 w Seven Mile, Detroit, Michigan 48219, Wayne County;
Regular Meeting Minutes of December 4, 2006 36014
FURTHER, the Council does hereby determine that it has no objection to
and does recommend approval of the request from Fleming's/Great
Lakes-I, for a new Outdoor Service Permit (and to cancel the Dance-
Entertainment Permit) to be held in conjunction for the business located at
17400 Haggerty 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
#582-06 RESOLVED, that having considered the report and
recommendation of the Chief of Police, dated November 8, 2006, which
bears the signature of the Finance Director and is approved for
submission by the Director of Public Safety and the Mayor, the Council
does hereby accept the unit price bid of Allie Brothers, Inc., 20295
Middlebelt, Livonia, Michigan 48152, for supplying the Division of Police
with police uniforms for the unit prices set forth in the attachment, for a
total estimated price of $76,747 61, which unit prices shall remain in effect
through January 1, 2009, FURTHER, the Council does hereby determine
the aforesaid bid to be a better bid than the bid submitted by Metropolitan
Uniforms, 438 Macomb, Detroit, Michigan 48226, for the reasons indicated
in the aforesaid communication, and the action taken herein being made
in accordance with Section 3 04 140E of the Livonia Code of Ordinances,
as amended
#583-06 RESOLVED, that having considered the recommendation of
the Chairman of the Water and Sewer Board, dated November 13, 2006,
which bears the signature of the Director of Finance and is approved for
submission by the Mayor, and which transmits its resolution WS 3697
11/06, adopted on November 6, 2006, the Council does hereby accept the
bid of ADS Environmental Services, Inc , 330 East Maple Road, Suite J,
Troy, Michigan 48033, for installing flow monitors and rain gauges at
various locations throughout the City as well as providing maintenance
and data processing services for a five (5) year period commencing upon
execution of the contract, at a total cost not to exceed $209,896 00 from
funds already budgeted in Account No 592-559-818-000 (Water and
Sewer Fund, Field Operations, Contractual Services) for this purpose,
FURTHER, the Mayor and the 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, FURTHER, the Council does hereby
authorize the Director of Public Works to make minor adjustments in the
work as it becomes necessary, including changing the number of flow
monitors and rain gauges at the unit prices reflected in the bid tabulation
#584-06 WHEREAS, the City of Livonia believes quality roads are a
vital part of any community, and
Regular Meeting Minutes of December 4, 2006 36015
WHEREAS, certain improvements are necessary to Six Mile Road from
Haggerty Road to Farmington Road to increase traffic safety and to
encourage economic development, and
WHEREAS, the County of Wayne has committed to the resurfacing the
Roads in an area generally described as Six Mile Road from Haggerty
Road to Farmington Road and the City of Livonia will assist financially in
the resurfacing of the road, and
WHEREAS, the City of Livonia will provide payment to the County of
Wayne in the amount of $209,889 00 (as found in Exhibit A to the
Agreement) towards the total cost of the project; and
NOW, THEREFORE BE IT RESOLVED, that the Livonia City Council
does hereby approve the proposed Agreement between the City of Livonia
and County of Wayne for the resurfacing of Six Mile Road from Haggerty
Road to Farmington Road and does hereby authorize an expenditure in an
amount estimated at $209,889 00 (for the city's share of this project) from
funds already budgeted in Account No 202-463-818-125 for this purpose,
with an initial deposit of $104,944 50 to be made by the City and further
expenditures being made upon receipt of invoices from Wayne County;
and
BE IT FURTHER RESOLVED, that the Mayor and City Clerk are hereby
authorized to execute the Agreement for and on behalf of the City of
Livonia, and the City Clerk is hereby requested to forward a certified copy
of this resolution, together with the signed Agreement, to the Wayne
County Department of Public Services
#585-06 RESOLVED, that having considered the report and
recommendation of the City Engineer, dated November 6, 2006, which
bears the signature of the Director of Finance, is reviewed as to form by
the City Attorney, and is approved for submission by the Mayor, to which
is attached a proposed Amendment to Contract 06-5260 between the
Michigan Department of Transportation and the City of Livonia for the
Reconstruction and Resurfacing of Stark Road — Plymouth Road to
Eastbound Schoolcraft Road and Eastbound Schoolcraft — Stark Road to
Farmington Road (previously approved in Council Resolution 336-06
adopted on July 5, 2006), which acknowledges the grant received by the
City under the State Local Jobs Today Program, the Council does hereby
approve an Amendment to this Contract reducing the City's share of this
project from $522,800 00 to $348,800 00, FURTHER, the Mayor and City
Clerk are hereby authorized, for and on behalf of the City of Livonia, to
Regular Meeting Minutes of December 4, 2006 36016
execute the Amendment to the contract and to do all other things
necessary or incidental to the full performance of this resolution
#586-06 RESOLVED, that having considered the report and
recommendation of the City Engineer, dated November 9, 2006, which
bears the signature of the Director of Finance, and is approved for
submission by the Mayor; the Council does hereby approve an
amendment to the existing Design and Construction Engineering Contract
with Orchard, Hiltz and McCliment, Inc., 34000 Plymouth Road, Livonia,
Michigan 48150, in an amount not to exceed $549,000 00 for the 2007
Concrete Paving Program, FURTHER, the Council does hereby approve
an Amendment to the Engineering Contract with Spalding Dedecker
Associates, Inc , 905 South Boulevard East, Rochester Hills, Michigan
48307, in an amount not to exceed $400,969 00 for the 2007 Asphalt
Paving Program, FURTHER, the Council does hereby authorize an
expenditure in the amount of $750,000 00 from funds already budgeted in
the Road, Sidewalk and Tree Fund (Account No 204-441-818-102) for
this purpose, FURTHER, the Council does hereby appropriate and
authorize an additional expenditure in the amount of $199,969 00 from the
Unexpended Fund Balance of the Road, Sidewalk and Tree Fund for this
purpose, FURTHER, the Mayor and City Clerk are hereby authorized to
execute amendments to the existing contracts, for and on behalf of the
City of Livonia, with the aforesaid companies, and to do all other things
necessary or incidental to the full performance of this resolution,
FURTHER, the Council does hereby authorize the action herein without
competitive bidding in accordance with Section 3 04 140D2 of the Livonia
Code of Ordinances, as amended
A roll call vote was taken on the foregoing resolutions with the following result:
AYES Taylor, Knapp, Meakin, Godfroid-Marecki, Laura, Robinson and
McCann
NAYS None
At the direction of the Chair, and as the Petitioner was not present, Item
#7(a) regarding Site Plan Petition 2006-07-08-16 submitted by Byblos General
Contracting Company in connection with a proposal to demolish and reconstruct the
Mobil gas station located at 29401 Five Mile Road was removed from the agenda and
will be placed on the agenda of the Regular Council Meeting of January 17, 2007
Communication from the Public Service Division, dated October 12, 2006,
re status reports on services provided by Honeywell, Inc to the Community Recreation
Regular Meeting Minutes of December 4, 2006 36017
Center for the periods April through June, 2006 and July through September, 2006 was
received and placed on file for the information of the Council (CR 604-05)
Communication from the Public Service Division, dated November 14,
2006, re recommendation to reduce Honeywell staff support to two days per month
and to continue the existing contract with Honeywell for a one-year preventive
maintenance program for the Community Recreation Center was received and placed
on file for the information of the Council (CR 603-05 and CR 604-05)
On a motion by Taylor, seconded by Knapp and unanimously adopted, it
was
#587-06 RESOLVED, that having considered the report and
recommendation of the Committee of the Whole, submitted pursuant to
Council Resolution No 604-05, and having considered a communication
from the Public Utility Manager, the Public Works Coordinator and the
Superintendent of Parks and Recreation, dated November 14, 2006,
which bears the signature of the Director of Finance and is approved for
submission by the Mayor, with regard to the extension or modification of
the existing program with Honeywell, Inc., the Council does hereby
approve the renewal of the existing Contract with Honeywell, Inc., 23978
Research Drive, Farmington Hills, Michigan 48335 (previously approved
pursuant to Council Resolution No 603-05, adopted on December 21,
2005), for a one (1) year Preventative Maintenance Program for the
Community Recreation Center in an amount not to exceed $51,240 00,
and such amount is hereby authorized to be expended from funds already
budgeted in Account No 208-755-818-020 (Community Center —
Professional and Contractual Services - Maintenance) for this purpose,
FURTHER, the Council does hereby authorize such action without
competitive bidding for the reasons indicated in the aforesaid
communication, and such action is taken in accordance Section
3 04 140D4 of the Livonia Code of Ordinances, as amended, and the
Mayor and City Clerk are hereby authorized, for and on behalf of the City
of Livonia, to execute a contract extension with the aforesaid company
and to do all other things necessary or incidental to the full performance of
this resolution
Regular Meeting Minutes of December 4, 2006 36018
On a motion by Taylor, seconded by Godfroid-Marecki and unanimously
adopted, it was
#588-06 RESOLVED, that having considered the report and
recommendation of the Committee of the Whole, dated November 21,
2006, submitted pursuant to Council Resolution No 604-05, and having
considered a communication by the Public Utility Manager, Public Works
Coordinator and the Superintendent of Parks and Recreation, dated
November 14, 2006, which bears the signature of the Director of Finance
and is approved for submission by the Mayor, with regard to the Staff
Support Services provided by Honeywell, Inc , the Council does hereby
approve the reduction of the staff support services by a Honeywell
Technician from one (1) day per week to two (2) days per month for the
annual cost of $18,618 00, and such amount is hereby authorized to be
expended from funds already budgeted in Account No 101-447-818-000
(General Fund, Public Service — Building Maintenance) for this purpose,
FURTHER, the Council does hereby authorize such action without
competitive bidding for the reasons indicated in the aforesaid
communication, and such action is taken in accordance Section
3 04 140D4 of the Livonia Code of Ordinances, as amended, and the
Mayor and City Clerk are hereby authorized, for and on behalf of the City
of Livonia, to execute a modification of the existing contract with the
aforesaid company and to do all other things necessary or incidental to the
full performance of this resolution
At the direction of the Chair, the subject matter of Honeywell, Inc and the
City Hall building heating and air conditioning problems shall remain in the Committee of
the Whole (CR 314-06)
Taylor gave First Reading to the following Ordinance
AN ORDINANCE AMENDING SECTION 21 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 2006-07-01-06)
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
Regular Meeting Minutes of December 4, 2006 36019
Communication from the Department of Management Information
Systems, dated December 1, 2006, re a listing of the major Information Systems
expenditures over the past 24 months was received and placed on file for the
information of the Council
On a motion by Godfroid-Marecki, seconded by Taylor, it was
#589-06 RESOLVED, that having considered the report and
recommendation of the Information Systems Director, dated November 6,
2006, which bears the signature of the Director of Finance and is
approved for submission by the Mayor, the Council does hereby approve
an extension of the current lease between the City of Livonia and
Solarcom, LLC (or its successors) for the IBM AS/400 (i-Series) Computer
for the City's New World Systems Financial Systems for a period of one
(1) year in the amount of $4,873 00 per quarter; FURTHER, the Mayor
and the City Clerk are hereby authorized, for and on behalf of the City of
Livonia, to execute a contract with the aforesaid company, subject to
approval as to form by the Department of Law, and to do all other things
necessary or incidental to the full performance of this resolution
A roll call vote was taken on the foregoing resolution with the following result:
AYES Taylor, Knapp, Meakin, Godfroid-Marecki Laura and McCann
NAYS Robinson
The President declared the resolution adopted
On a motion by Godfroid-Marecki, seconded by Laura, it was
#590-06 RESOLVED, that having considered the report and
recommendation of the Information Systems Director, dated November 7,
2006, which bears the signature of the Treasurer and the Director of
Finance and is approved for submission by the Mayor, the Council does
hereby accept the proposal submitted by BS&A Software, 14965 Abbey
Lane, Bath, Michigan 48808, for the purchase of the Equalizer
Miscellaneous Receivables, Tax, Special Assessment and Delinquent
Property Software Systems with Data Conversions, Training, Necessary
Program Customizations and the first year of maintenance for a total cost
of $57,580 00, the same to be expended from funds already budgeted for
this purpose in Account No 101-915-944-000, FURTHER, the Mayor and
the City Clerk are hereby authorized, for and on behalf of the City of
Regular Meeting Minutes of December 4, 2006 36020
Livonia, to execute a contract with the aforesaid company, subject to
approval as to form by the Department of Law, and to do all other things
necessary or incidental to the full performance of this resolution
A roll call vote was taken on the foregoing resolution with the following result:
AYES Taylor, Knapp, Meakin, Godfroid-Marecki, Laura and McCann
NAYS Robinson
The President declared the resolution adopted
On a motion by Meakin, seconded by Knapp, it was
#591-06 RESOLVED, that having considered a communication from
the City Planning Commission, dated October 5, 2006, which transmits its
resolution 10-104-2006, adopted on October 3, 2006, with regard to
Petition 2006-08-01-07, submitted by Agree Limited Partnership,
requesting to rezone property located at 17001 Newburgh Road, on the
west side of Newburgh Road between Mallory Drive and Six Mile Road in
the Northeast 1/4 of Section 18, which property is zoned C-1, 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 resolution with the following result:
AYES Taylor, Knapp, Meakin, Godfroid-Marecki, Robinson and McCann
NAYS Laura
The President declared the resolution adopted
Barry Gavel, 38173 Bloomfield Drive, Livonia, MI, spoke against approving
Petition 2006-08-01-07
Kelton Jones, 37568 Bloomfield, Livonia, MI, voiced his opposition to
approving Petition 2006-08-01-07
Craig Gauthier, 16124 Houghton, Livonia, MI also spoke in opposition of
approving Petition 2006-08-01-07
Communication from David H Johns, Schostak Brothers & Company,
dated December 4, 2006, re information on the operating hours and forwarding a traffic
Regular Meeting Minutes of December 4, 2006 36021
generation report prepared by Michael R. Cool, P E , Reid, Cool & Michalski, Inc
pertaining to Petition 2006-08-01-07 for the proposed Del Taco Restaurant at 17001
Newburgh Road was received and placed on file for the information of the Council
E-mail communication from David H Johns, Schostak Brothers &
Company, received in the Council Office on December 1, 2006, re forwarding a rear
view and drive-thru rendering for the proposed Del Taco Restaurant at 17001 Newburgh
Road was received and placed on file for the information of the Council (Petition 2006-
08-01-07)
Communication from the Laurel Park South Community Association, dated
November 30, 2006, re forwarding petitions signed by residents in the Laurel Park
South and Laurel Park II Subdivisions opposing Petition 2006-08-01-07 was received
and placed on file for the information of the Council
E-mail from Greg and Mary Anne Ralko, 16232 Houghton Drive, received
by the City Council on November 27, 2006, re expressing opposition to Petition 2006-
08-01-07 for a proposed Del Taco Restaurant was received and placed on file for the
information of the Council
E-mail from Kimberly A. Kehres, received by the City Council on
November 27, 2006, re expressing opposition to Petition 2006-08-01-07 for a proposed
Del Taco Restaurant was received and placed on file for the information of the Council
E-mail from Mick and Rosanne Green, 15840 Marsha Avenue, received
by the City Council on November 28, 2006, re expressing opposition to Petition 2006-
08-01-07 for a proposed Del Taco Restaurant was received and placed on file for the
information of the Council
Regular Meeting Minutes of December 4, 2006 36022
E-mail from Mr and Mrs William Ferguson, 37612 Mallory Drive, received
by the City Council on November 28, 2006, re expressing opposition to Petition 2006-
08-01-07 for a proposed Del Taco Restaurant was received and placed on file for the
information of the Council
E-mail from Curt and Carolyn McNamara, received by the City Council on
November 30, 2006, re expressing opposition to Petition 2006-08-01-07 for a proposed
Del Taco Restaurant was received and placed on file for the information of the Council
E-mail from Kevin C Bush, received by the City Council on November 30,
2006, re expressing opposition to Petition 2006-08-01-07 for a proposed Del Taco
Restaurant was received and placed on file for the information of the Council
E-mail from Craig Gauthier, 16124 Houghton, received by the City Council
on December 1, 2006, re expressing opposition to Petition 2006-08-01-07 for a
proposed Del Taco Restaurant was received and placed on file for the information of the
Council
E-mail from Thomas Ambers, 38075 Mallory Drive, received by the City
Council on December 4, 2006, re expressing opposition to Petition 2006-08-01-07 for a
proposed Del Taco Restaurant was received and placed on file for the information of the
Council
E-mail from Patricia O'Brien, 16433 Marsha, received by the City Council
on December 1, 2006, re expressing opposition to Petition 2006-08-01-07 for a
proposed Del Taco Restaurant was received and placed on file for the information of the
Council
Regular Meeting Minutes of December 4, 2006 36023
On a motion by Knapp, seconded by Taylor and unanimously adopted it
was
#592-06 RESOLVED, that having considered a communication from
the Superintendent of Parks and Recreation, dated November 15, 2006,
which bears the signature of the Director of Finance and is approved for
submission by the Mayor, the Council does, for and on behalf of the City
of Livonia, accept various gifts and cash donations, in the total amount of
$970 50, from the sources indicated therein for use by the Livonia
Department of Parks and Recreation as indicated in the aforesaid
communication, FURTHER, the Council does hereby appropriate and
credit the amount of $970 50 to Account No 702-285-125 (Deposits-
Recreation-Misc) for the purposes as designated by the donors
Communication from the Department of Law, dated November 28, 2006,
re forwarding an Interlocal Cooperation Agreement for accepting transfers by and
between the Livonia Community Resources Department and the Detroit Department of
Transportation in connection with the Livonia Community Transit Program was received
and placed on file for the information of the Council
On a motion by Taylor, seconded by Laura and unanimously adopted, it
was.
#593-06 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 Taylor, seconded by Knapp and unanimously adopted, it
was
#594-06 RESOLVED, that pursuant to the provisions of Section 5,
Chapter VIII of the Charter of the City of Livonia, and based upon the
appointment of the Mayor, dated November 29, 2006, the Council does
hereby consent to and confirm the appointment of Linda J Trewin, 19984
Hubbard, Livonia, Michigan 48152, to the Board of Review to fill the
unexpired term of office of Mark R. Thomas, which will expire on February
16, 2007, as well as a reappointment of Ms Trewin for a new three year
term expiring February 16, 2010, provided that Ms Trewin takes the oath
Regular Meeting Minutes of December 4, 2006 36024
of office as required in Chapter X, Section 2 of the City Charter, to be
administered by the City Clerk.
On a motion by Laura, seconded by Robinson and unanimously adopted,
it was
#595-06 RESOLVED, that pursuant to the provisions of Section 5,
Chapter VIII of the Charter of the City of Livonia, and based upon the
appointment of the Mayor, dated December 1, 2006, the Council does
hereby consent to and confirm the appointment of Dan West, 33233 Five
Mile Road, Livonia, Michigan 48154, to the Plymouth Road Development
Authority as a representative of the Livonia Chamber of Commerce to fill
the unexpired term of Wes Graff, which will expire on May 16, 2007, as
well as a reappointment of Mr West for a new four year term expiring May
16, 2011, pursuant to Section 3 16 060 of the Livonia Code of Ordinances,
as amended, and Act No 197 of the Public Acts of Michigan of 1975, as
amended, provided that Mr West takes the oath of office as required in
Chapter X, Section 2 of the City Charter, to be administered by the City
Clerk.
During the Audience Communication portion of the meeting, the Mayor
shared some of his memories of Stan Dobis
On a motion by Robinson, seconded by Meakin and unanimously
adopted, the 1,574th Regular Meeting of the Council of the City of Livonia was
adjourned at 8 45 p m , December 4, 2006
(4
Val Vandersloot, City Clerk