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HomeMy WebLinkAboutSYNOPSIS - 2008-03-31 th SYNOPSIS OF THE MINUTES OF THE 1,605 REGULAR MEETING LIVONIA CITY COUNCIL – MARCH 31, 2008 ________________________________________________________________ Meeting was called to order at 8:00 p.m. Present: Don Knapp, James McCann, Joe Laura, Brian Meakin, Tom Robinson, and Laura Toy. Absent: Terry Godfroid-Marecki. MAD #107-08 Resolution by Robinson and Meakin, approving the minutes of the th FAT 1,604 Regular Meeting of the Council held March 12, 2008, as submitted. A roll call vote was taken on the foregoing resolution: AYES: Knapp, Laura, McCann, Meakin, Robinson, and Toy. NAYS: None. Mayor Jack Kirksey encouraged citizens to send in the survey that was in the Spring Newsletter or on the City of Livonia website regarding services in the City. Also, they are still collecting letters to take to Sears Management in Illinois to encourage the redevelopment of Livonia Mall. The Mayor stated they are reviewing the use of 24-7 take-home cars to re-establish guidelines for the fleet and will be doing a study. Council President Laura Toy announced that Council Member Joe Laura is th celebrating his 30 year at Ford Motor Company. AUDIENCE COMMUNICATION: None. Council President Laura Toy announced that there will be two (2) “X” items added to the agenda at the end of the meeting as follows: Request to schedule a Closed Committee of the Whole meeting to discuss pending litigation and attorney/client privileged communications in regard to Newburgh/Six Mile Limited Partnership v City of Livonia. Request to schedule a Closed Committee of the Whole meeting to discuss pending litigation and attorney/client privileged communications in regard to General Motors Corporation v City of Livonia. At the direction of the Chair, Item #16, regarding proposals to supply the Road Maintenance Section of the Public Service Division with four (4) 16.5” brush chippers, was removed from the Consent portion of the Agenda. th SYNOPSIS OF THE MINUTES OF THE 1,605 REGULAR MEETING 2 LIVONIA CITY COUNCIL – March 31, 2008 The following items were received and filed: A communication from the Finance Department, dated March 13, 2008, forwarding various financial statements of the City of Livonia for the month ending December 31, 2007. A communication from the Public Service Division, dated March 28, 2008, regarding a recommendation to rescind all bids for the four (4) 16.5” brush chippers. A communication from the Law Department, dated March 4, 2008, regarding amendments to the Michigan Zoning Enabling Act referencing Ordinance Nos. 2759 through 2765 and the June 9, 2006 correspondence from the Law Department. A communication from the Civil Service Department, dated February 11, 2008, regarding the 2007-2010 AFSCME Local 192 Wage Rate Schedules effective December 1, 2007. A communication from the Finance, Budget & Technology Committee, dated March 18, 2008, entitled “City of Livonia, Assigned City Vehicles”. (CR 106-97) A communication from the Parks & Recreation Department, dated March 19, 2008, entitled “Livonia Parks & Recreation, Athletic Fee History”. (CR 338-96 and CR 275-97) A communication from the Finance Department, dated March 25, 2008, regarding a report and recommendation on potential adjustments to the current ordinance providing authority for minor adjustments to approved contract cost overruns. (CR 278-04) An email communication from Sharon Ulmer, Whitehill Enterprises, dated March 25, 2008, regarding Laurel Pointe addresses assigned to the proposed Buffalo Wild Wings restaurant and Retail Buildings “A” and “B”. An email communication with photograph attachments from Sharon Ulmer, Whitehill Enterprises, dated March 28, 2008, regarding the proposed Buffalo Wild Wings’ outdoor patio. An email communication from Mark Taormina, Planning Director, dated March 25, 2008, regarding outdoor patios of other restaurants in connection with the proposed Buffalo Wild Wings’ outdoor patio. An email communication from Joe Laura, Council Member, dated March 25, 2008, regarding an email received from a citizen in reference to the proposed Buffalo Wild Wings restaurant. th SYNOPSIS OF THE MINUTES OF THE 1,605 REGULAR MEETING 3 LIVONIA CITY COUNCIL – March 31, 2008 A communication from the Civil Service Department, dated March 31, 2008, regarding the 2007-2010 Wage Rate Schedule for Administrative and Professional Salaries effective December 1, 2007. A communication from the Civil Service Department, dated March 31, 2008, regarding the 2007-2010 Wage Rate Schedule for Exempt and Confidential Salaries effective December 1, 2007. A communication from the Civil Service Department, dated March 31, 2008, regarding the 2007-2010 Wage Rate Schedule for Appointees Salaries effective December 1, 2007. The following resolutions were offered by McCann and Laura: #108-08 Approving a request, submitted by Wendy and Robert Graham, MAD Audra Katchorek and Michelle Scott, Botsford BEST Team, to display 18” x 24” FAT signs at various locations in the City announcing their Mom2Mom Sale to be held OrdEnf at Botsford Elementary School on Saturday, May 3, 2008 from 9:00 a.m. to 1:00 p.m.; FURTHER, signs will be displayed from Sunday, April 27, 2008, and removed no later than Saturday, May 3, 2008. #109-08 Approving a request, submitted by Sandy O’Daniel, Administrative MAD Assistant, to display 18” x 24” signs at various locations in the City announcing FAT the Newburg United Methodist Church Mom to Mom Sale on Saturday, April 26, OrdEnf 2008 and the Rummage Sale to be held at the Church from Thursday, May 1, 2008 through Saturday, May 3, 2008; FURTHER, signs will be displayed Saturday, April 19, 2008, and removed no later than Sunday, April 27, 2008 for the Mom to Mom Sale, and no earlier than Thursday, April 24, 2008, and removed no later than Sunday, May 4, 2008 for the Rummage Sale. #110-08 Approving a request, submitted by Susan Regalia, Sale Committee, MAD Northwest Suburban Mothers of Multiples, to display 14” x 22” signs at various FAT locations in the City announcing their Clothing Sale to be held at St. Matthew’s OrdEnf United Methodist Church, 30900 Six Mile Road, on Saturday, April 12, 2008; FURTHER, signs will be displayed from Saturday, April 5, 2008, and removed no later than Saturday, April 12, 2008. #111-08 Approving the request by Peggy Roberts, Executive Director of the MAD AAA Pregnancy Resource Center, waiving Section 8.32.070 (Noise Control) of FAT OrdEnf the Livonia Code of Ordinances, to allow a live band to perform outdoors at the Police Annual Walk For Life Fundraiser at 16751 Middlebelt Road, on Saturday, May 17, 2008, from approximately 9:00 a.m. to 11:00 a.m. #112-08 Approving a request from Karen Renas, 13958 Blackburn, Livonia, MAD FAT MI 48154, for a therapeutic massage therapist permit in accordance with Chapter OrdEnf 5.49 of the Livonia Code of Ordinances, as amended. Clerk Police th SYNOPSIS OF THE MINUTES OF THE 1,605 REGULAR MEETING 4 LIVONIA CITY COUNCIL – March 31, 2008 #113-08 Adopting a resolution proclaiming Friday, April 25, 2008 as Arbor MAD FAT Day in the City of Livonia; FURTHER, inviting citizens to join in the Parks& commemoration planned by the Tree City Committee at Beverly Park adjacent to Rec Coolidge Elementary School at 3:00 p.m. MAD #114-08 Confirming the reappointment of Lora Weingarden, 32941 FAT Southgate, to the Livonia Board of Ethics for a three-year term starting March 1, CivServ 2008 and expiring March 1, 2011. MAD FAT #115-08 Approving a request from Great Lakes Dining, Inc. to transfer Insp ownership of a 2007 Class C licensed business in escrow at 5070 Schaefer, Plan Dearborn, MI 48124, from Y.H.S. Inc., and to transfer location (governmental Police unit) to 20120 Haggerty, Livonia, MI 48154; FURTHER, approving a request for a Fire new Official Permit (Food) for the business located at 20120 Haggerty. MAD FAT #116-08 Approving a request from O’Malley’s Bar & Grill of Livonia, Inc. to Insp transfer ownership of a 2007 Class C licensed business from McBobs Pub & Plan Grub, LLC for the business located at 15231 Farmington Road. Police Fire #117-08 Authorizing a budget adjustment to transfer $25,000.00 from the MAD unexpended fund balance of the Federal Forfeiture Fund (265) for an approved FAT community-based project through the Community Resources Department. ComRes #118-08 Authorizing the purchase of forty-six (46) desktop computers from MAD Hewlett-Packard, 10810 Farnam, Omaha, NE 68154, for a total cost of FAT $50,002.92 from pricing obtained through the Regional Media Center Association Police of MI (REMC) purchasing consortium to be used by the Police and Fire Fire Departments; FURTHER, authorizing the purchase without competitive bidding in accordance with Section 3.04.140D4 of the Livonia Code of Ordinances, as amended. #119-08 Authorizing the purchase of twenty-one (21) replacement MAD workstations from Dell, One Dell Way RR8, Round Rock, TX 78681, for the FAT Livonia Public Library in the total amount of $35,950.86 through the State of ComRes Library Michigan contract from budgeted funds; FURTHER, authorizing the purchase without competitive bidding in accordance with Section 3.04.140D4 of the Livonia Code of Ordinances, as amended. MAD #120-08 Referring to the Department of Law for preparing an appropriate FAT amendment to Title 13, Chapter 08, Section 201 (Water Meter Turn-on and Turn- W&S off Charges) of the Livonia Code of Ordinances to ensure costs are borne by DPW residents affected. #121-08 Designating Patrick Hogan, Director of Public Works, as the single MAD FAT Street Administrator for the City of Livonia as required by the Michigan DPW Department of Transportation (MDOT). th SYNOPSIS OF THE MINUTES OF THE 1,605 REGULAR MEETING 5 LIVONIA CITY COUNCIL – March 31, 2008 #122-08 Accepting the lowest and only bid received meeting all MAD specifications of ODB Company, Inc., 5118 Glen Alden Drive, Richmond, VA FAT 23231, for supplying the Road Maintenance Section of the Public Service DPW Division with two (2) trailer-mounted leaf collectors in the amount of $35,990.00, less trade-in of $1,750.00, for a total net amount of $34,240.00 from budgeted funds. #123-08 Accepting the lowest unit price bid that meets all specifications of MAD Piedmont Concrete, Inc., 29334 W. Eight Mile Road, Farmington Hills, MI 48336, FAT DPW for supplying the Road Maintenance Section of the Public Service Division with Eng readymix concrete at the unit prices bid for the period April 1, 2008 through March 31, 2009 for an estimated amount of $38,100.00 from budgeted funds; FURTHER, accepting the second lowest unit price bid that meets all specifications of National Readymix, Inc., 39000 Ford Road, Westland, MI 48185, for a total estimated amount of $39,000.00 from budgeted funds in the event that Piedmont Concrete, Inc. is unable to furnish the material. #124-08 Accepting the low bids received which meet specifications of Nagle MAD Paving Company, 39525 13 Mile Road, Novi, MI 48377; Ajax Materials FAT Corporation, 830 Kirts Boulevard, Suite 100, Troy, MI 48084; and Saginaw DPW Asphalt Paving Company, 2981 Carrollton Road, Saginaw, MI 48604, for Eng supplying the Road Maintenance Section of the Public Service Division with bituminous materials at the unit prices bid for the period May 1, 2008 through April 30, 2009 from budgeted funds; FURTHER, accepting the second lowest bids which meet all specifications of Cadillac Asphalt LLC, 51777 W. Twelve Mile Road, Wixom, MI 48393, and Barrett Paving Materials, 13501 Huron River Drive, Romulus, MI 48174, from budgeted funds in the event that the low bidders are unable to furnish the materials. #125-08 Authorizing a three-year contract with The Environmental Quality MAD Company, 2701 North I-94 Service Drive, Ypsilanti, MI 48198, to provide services FAT for the 2008 through 2010 Household Hazardous Waste Collection Program with DPW the Livonia event being held on Saturday, May 3, 2008 at Ford Field from 8:30 a.m. to 3:00 p.m. and the Northville/Northville Township event to be held in the Fall of 2008 in an amount not to exceed $162,900.00 from budgeted funds; FURTHER, authorizing payment to the City of Northville, 215 West Main Street, Northville, MI 48167-1540, for Livonia residents’ use of the Northville/Northville Township site for the 2008 through 2010 Household Hazardous Waste Drop-off events (dates to be determined). #126-08 Authorizing the purchase from Gorno Ford, 22025 Allen Road, MAD Woodhaven, MI 48183, for two (2) ¾ ton 4x4 extended cab pickups with 8-foot FAT boxes in the amount of $43,864.00, and two (2) ¾ ton 4x4 extended cab pickups DPW with 8-foot boxes and boss V plows with snow deflectors, light kits and hand held Parks& Rec control in the amount of $52,734.00 for the Road Maintenance Section; three (3) ¾ ton 4x4 extended cab pickups with 8-foot boxes in the amount of $65,796.00, th SYNOPSIS OF THE MINUTES OF THE 1,605 REGULAR MEETING 6 LIVONIA CITY COUNCIL – March 31, 2008 one (1) ¾ ton 4x4 extended cab pickup with 8-foot box and boss V plow with snow deflectors, light kit and hand held control in the amount of $32,357.00, and one (1) ¾ ton cargo van in the amount of $16,425.00 for the Parks & Forestry Section; and one (1) ¾ ton cargo van in the amount of $15,630.00 for the Building Maintenance Section, for a grand total of $174,072.00 for ten (10) vehicles; FURTHER, authorizing the purchases from budgeted funds utilizing the low State of Michigan bid price. #127-08 Approving a Sign Permit Application, Petition 2008-01-SN-01, MAD submitted by Livonia Chestnut Limited, on behalf of T.G.I. Friday’s and Panera FAT Bread restaurants, for a ground sign for the two (2) restaurants located at 20120 Insp and 20140 Haggerty Road on property located on the east side of Haggerty Plan Eng Road, between Seven Mile Road and Eight Mile Road, in the N.W. ¼ of Section 6, subject to conditions. #128-08 Approving Petition 2008-01-02-04, submitted by Mike Chen, MAD FAT requesting waiver use approval to operate a limited service China House Inn Insp restaurant on property located at 33018 W. Seven Mile Road on the north side of Plan Seven Mile Road, between Farmington Road and Merriman Road, in the S.W. ¼ Eng of Section 3, which is zoned C-1, P and R-3, subject to conditions. #129-08 Approving Petition 2008-01-02-05, submitted by Construction MAD FAT Consulting Service, requesting waiver use approval to operate Brookfield Insp Academy (a preschool/elementary school) on property located at 38945 Ann Plan Arbor Road on the south side of Ann Arbor Road, between Eckles Road and Hix Eng Road, in the S.W. ¼ of Section 31, which is zoned OS, subject to conditions. #130-08 Approving Petition 2008-01-08-02, submitted by LVM Architectural MAD Services, on behalf of the Parkview Baptist Church, relating to a proposal to FAT expand and renovate the exterior of the existing fellowship hall and to expand the Insp parking lot of the church on property located at 9355 Stark Road on the west side Plan Eng of Stark Road, between Ann Arbor Trail and Plymouth Road, in the S.W. ¼ of Section 33, subject to conditions. #131-08 Approving a Sublease Agreement between the City of Livonia and MAD Thomas J. Welsh, an individual, and T.J.W., Inc. for the Fox Creek Clubhouse FAT Office Space for operations of the Golf Pro starting April 1, 2008 and ending Parks& November 1, 2014. (CR 109-01, CR 68-06 and CR 462-07) Rec A roll call vote was taken on the foregoing resolutions: AYES: Knapp, Laura, McCann, Meakin, Robinson, and Toy. NAYS: None. th SYNOPSIS OF THE MINUTES OF THE 1,605 REGULAR MEETING 7 LIVONIA CITY COUNCIL – March 31, 2008 #132-08 Resolution by Knapp and Laura, unanimously adopted, rejecting all MAD FAT bids received on March 4, 2008 in connection with proposals to supply the Road DPW Maintenance Section of the Public Service Division with four (4) 16.5” brush chippers; FURTHER, the Public Service Division will re-bid this equipment. #133-08 Resolution by Knapp and Meakin, unanimously adopted, approving MAD the collective bargaining agreement between the City of Livonia and AFSCME FAT Union Local 192 for the period December 1, 2007 through November 30, 2010. CivServ (CR 18-00) #134-08 Resolution by Knapp and Laura, unanimously adopted, authorizing MAD an extension of the City’s agreement with A & W Collections, 6806 Tiffany Circle, FAT Canton, MI 48187, for collection of delinquent personal property taxes for December 1, 2007 through November 30, 2010; FURTHER, the Treasurer’s Office shall send one additional notice to the taxpayer prior to turning over the collection to A & W Collections, and the cost is to be taken from 1% per month interest and 4% collection fees which will be subject to cancellation by either party upon giving sixty (60) days notice; FURTHER, authorizing this action without competitive bidding. (CR 598-07) #135-08 Resolution by Knapp and Laura, unanimously adopted, determining MAD to take no further action regarding the subject of specifications for taking FAT competitive proposals for the employment of bond counsel and labor attorney. (CR 442-94) #136-08 Resolution by Knapp and Laura, unanimously adopted, determining MAD to take no further action in regard to the subject of State Revenue Sharing which FAT was referred for tracking purposes. (CR 271-95) MAD #137-08 Resolution by Knapp and Laura, unanimously adopted, determining FAT to take no further action regarding the subject of the feasibility of a proposal for a Eng new General Obligation Road Repair Bond Issue \[2 mills\]. (CR 173-97) DPW #138-08 Resolution by Knapp and Laura, unanimously adopted, determining MAD to take no further action regarding the subject of deleting the annual season fee FAT for City park athletic facilities in favor of “time slots” and information supporting Parks& Rec the rates for time slots \[i.e., $10 and $25\]. (CR 338-96 and CR 275-97) #139-08 Resolution by Knapp and Laura, unanimously adopted, determining MAD to take no further action in regard to contract cost overruns--to revisit a firm FAT $15,000 overrun versus a percentage. (CR 278-04) #140-08 Resolution by Knapp and Laura, unanimously adopted, referring to MAD the Administration for its report and recommendation on the issue of contacting FAT Great West regarding their corporate fraud policy. (CR 577-04) CivServ th SYNOPSIS OF THE MINUTES OF THE 1,605 REGULAR MEETING 8 LIVONIA CITY COUNCIL – March 31, 2008 MAD #141-08 Resolution by Knapp and Laura, unanimously adopted, determining FAT to take no further action in connection with revisiting the City’s Tax Incentive Econ Dev Policy regarding Industrial Development Districts. (CR 83-06) #142-08 Resolution by McCann and Knapp, unanimously adopted, MAD FAT approving a request for a two-year site plan extension in connection with Petition Insp 2005-10-08-19, submitted by Tiseo Architects, regarding a proposal to construct Plan an office building on property located at 29029 Eight Mile Road on the south side Eng of Eight Mile Road, between Middlebelt Road and Brentwood Avenue, in the N.W. ¼ of Section 1. (CR 601-05 and CR 47-07) #143-08 Resolution by Meakin and Laura, unanimously adopted, approving MAD Petition 2008-01-02-06, submitted by Baymont/Mid-Atlantic, requesting waiver FAT Insp use approval to operate a limited service Tropical Smoothie Café restaurant on Plan property located at 30971 Five Mile Road on the south side of Five Mile Road, Eng between Merriman Road and Henry Ruff Road, in the N.W. ¼ of Section 23, subject to conditions. #144-08 Resolution by Laura and Meakin, unanimously adopted, Item #31, MAD regarding Petition 2008-02-02-07 submitted by Laurel Pointe, L.L.C. in FAT connection with a proposed Buffalo Wild Wings restaurant, was removed from Insp Plan the agenda and will be placed on the agenda for the next Regular Council Eng Meeting of April 16, 2008. #145-08 Resolution by Laura and Meakin, unanimously adopted, approving MAD the salary and fringe benefit adjustments for Administrative, Professional, FAT CivServ Exempt and Confidential Classifications for the period December 1, 2007 through November 30, 2010. McCann left the podium at 9:06 p.m. in order to avoid a perceived conflict of interest. #146-08 Resolution by Laura and Meakin, unanimously adopted, approving MAD FAT the salary and fringe benefit adjustments for Appointed Department Head CivServ Classifications for the period December 1, 2007 through November 30, 2010. McCann returned to the podium at 9:07 p.m. #147-08 Resolution by Laura and Meakin, unanimously adopted, MAD suspending the rules for procedure as outlined in Council Resolution 574-82 in FAT order to permit consideration of items that do not appear on the Agenda. #148-08 Resolution by McCann and Knapp, unanimously adopted, directing MAD that a Closed Committee of the Whole meeting be held to discuss litigation FAT matters and attorney/client privileged communications in connection with pending litigation, Newburgh/Six Mile Limited Partnership v City of Livonia. th SYNOPSIS OF THE MINUTES OF THE 1,605 REGULAR MEETING 9 LIVONIA CITY COUNCIL – March 31, 2008 A roll call vote was taken on the foregoing resolution: AYES: Knapp, Laura, McCann, Meakin, Robinson, and Toy. NAYS: None. #149-08 Resolution by Knapp and Meakin, unanimously adopted, directing MAD that a Closed Committee of the Whole meeting be held for the purposes of FAT discussing litigation matters and attorney/client privileged communications in connection with pending litigation, General Motors Corporation v City of Livonia. A roll call vote was taken on the foregoing resolution: AYES: Knapp, Laura, McCann, Meakin, Robinson, and Toy. NAYS: None. AUDIENCE COMMUNICATION: None. th By Laura and Knapp, unanimously adopted, adjourning this 1,605 Regular Meeting of the Council of the City of Livonia at 9:14 p.m. on March 31, 2008. LINDA GRIMSBY, CITY CLERK *The foregoing is a summary of the Council’s proceedings in synopsis form as authorized by CR 1158-68. The full text of the official minutes of this meeting is on file in the Office of the City Clerk and is available to the public upon request.