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Home My WebLink AboutSYNOPSIS - 2010-04-28 th SYNOPSIS OF THE MINUTES OF THE 1,655 REGULAR MEETING LIVONIA CITY COUNCIL – APRIL 28, 2010 Meeting was called to order at 8:00 p.m. Present: Brian Meakin, Joe Laura, Laura Toy, Maureen Brosnan, John Pastor, and James McCann. Absent: None. President McCann announced Terry A. Marecki resigned from Council effective 5:00 p.m., April 28, 2010. #123-10 Resolution by Toy and Brosnan, unanimously adopted, approving the th minutes of the 1,654 Regular Meeting of the Council held April 12, 2010. th #124-10 Resolution by Toy and Laura, approving the minutes of the 246 Special Meeting of the Council held April 16, 2010. A roll call vote was taken on the foregoing resolution with the following result: AYES: Meakin, Laura, Toy, Brosnan, and McCann. NAYS: None. PRESENT: Pastor. #125-10 Resolution by Toy and Laura, unanimously adopted, approving the th minutes of the 247 Special Meeting of the Council held April 25, 2010. Brosnan on behalf of the City Council and the Mayor, presented a proclamation proclaiming Saturday, May 8, 2010 as National Association of Letter Carriers Food Drive Day in Livonia. A letter carrier from Livonia accepted the proclamation. Mr. George Dimopoulos, owner of Senate Coney Island recently received an award for his business in Livonia by the Chamber of Commerce and Livonia Observer as being one of the best businesses in the community. Mr. Dimopoulos spoke about how he came from Greece in 1969 to the USA. He spoke of all the hard work he, his wife and children have done and continue to do on a daily basis to achieve their success. He also spoke of his love for this country and the community. AUDIENCE COMMUNICATION: Lieutenant Colonel (Retired) Gary Aten, Executive Director of the Michigan Committee for the Employer Support of the Guard and Reserve (ESGR), a Department of Defense agency that is tasked with obtaining employer support for those who serve in the Guard and Reserve. Livonia was nominated by Ruth Love, employee of the Livonia Police Department and Senior Master Sergeant (SMSgt.) in the USAF Reserve. On behalf of ESGR, LtC. Aten presented various awards and commendations to Mayor Kirksey and City Council for the City’s continued cooperation and support of employees, specifically the Police Department, who have been called up for active duty to serve the Nation. th SYNOPSIS OF THE MINUTES OF THE 1,655 REGULAR MEETING 2 LIVONIA CITY COUNCIL – April 28, 2010 Terry A. Marecki was sworn in as the new City Clerk of Livonia by Maureen Cosgrove, Assistant City Clerk. Walter Epps introduced himself to Council and the audience. He is a candidate for the Wayne County Sheriff and looks forward to meeting with people following the Council meeting. The following items were received and filed: A communication from the Department of Finance, dated March 24, 2010, re: forwarding various financial statements of the City of Livonia for the month ending January 31, 2010. A communication from the Department of Finance, dated April 5, 2010, re: forwarding various financial statements of the City of Livonia for the month ending February 28, 2010. A communication from Windsor Capital Group, dated April 27, 2010, re: a Letter of Understanding for a business located at 19525 Victor Parkway. A communication from the Director of Human Resources, dated March 23, 2010, to which is attached the 401(a) Defined Contribution Plan Annual Report for 2009. A communication from the Planning Department dated March 25, 2010, re: acknowledging receipt of a valid protest with respect to Petition 2009-11-01-02. A communication from McLaren Performance Technologies, dated April 21, 2010, re: submitting a Conditional Rezoning Agreement and Statement of Voluntary Conditions pertaining to Petition 2009-11-01-02. A petition received on April 27, 2010, from five (5) surrounding McLaren property owners withdrawing their formal protest of Petition 2009-11-01-02. A communication from the Department of Law dated April 27, 2010, re: amended proposed Ordinance Amendment incorporating the Conditional Rezoning Agreement. A communication from the Planning Commission dated April 27, 2010, re: valid protest of Petition 2009-11-01-02 no longer exists. A communication from the Engineering Division dated April 22, 2010, re: action other cities have taken regarding participation in the Wayne County Final Order of Abatement Project. th SYNOPSIS OF THE MINUTES OF THE 1,655 REGULAR MEETING 3 LIVONIA CITY COUNCIL – April 28, 2010 A communication from the Engineering Division dated April 23, 2010, re: submitting the Statement of Qualifications for K & B Asphalt Sealcoating Inc. and Michigan Joint Sealing, Inc. A communication from Steven Cohen, Burton Hollow Plaza, dated April 22, 2010, re: property maintenance issues. (Petition 2010-03-02-05) A communication from the Department of Law, dated April 27, 2010, re: submitting a correction to the legal description for the property to be leased by Schoolcraft College. (CR 85-10) At the direction of the Chair Items #9 and #10 were removed from the Consent portion of the Agenda. The following resolutions were offered by Toy and Brosnan: MAD #126-10 Approving the request from Shivamdepash, Inc. for transfer of ownership FAT of a 2009 SDD & SDM licensed business from AMNS, Inc., for a business located at Police 19191 Merriman, Livonia, MI. MAD #127-10 Approving the request from Windsor Capital Group, Inc. to transfer FAT Police ownership of a 2009 Resort B-Hotel licensed business with Dance-Entertainment Permit, Official Permit (Food) and 2 Bars from Nesbitt Partners Livonia Venture, Ltd., for a business located at 19525 Victor Parkway, Livonia, MI. MAD #128-10 Approving the request from Wal-Mart Stores East, Limited Partnership, for FAT a new SDM License and a new Direct Connection, for a business located at 29574 Police Seven Mile, Livonia, MI. #129-10 Approving and confirming the reappointment of Wayne Glass to the MAD FAT Livonia Plymouth Road Development Authority as a representative of the Other Tax CivSvc Entity in the District representing Schoolcraft College for a four-year term expiring May Planning 16, 2014. MAD #130-10 Approving and confirming the reappointment of Scott Grace to the Livonia FAT Plymouth Road Development Authority as a representative of the Business/Property CivSvc Owner in the District for a four-year term expiring May 16, 2014. Planning #131-10 Approving and confirming the reappointment of John Hiltz to the Livonia MAD Plymouth Road Development Authority as a representative of the Business/Property FAT CivSvc Owner in the District for a four-year term expiring May 16, 2014. Planning th SYNOPSIS OF THE MINUTES OF THE 1,655 REGULAR MEETING 4 LIVONIA CITY COUNCIL – April 28, 2010 #132-10 Authorizing the purchase of 4 replacement police vehicles from budgeted MAD funds; FURTHER, authorizing the transfer of four (4) surplus City-owned vehicles to FAT other City departments or the disposal thereof at public auction after receipt of the new Police vehicles. #133-10 Authorizing the sale of the City-owned vacant lots located at 19965 Inkster MAD Road, parcel numbers 46-001-04-0008-000 and 46-001-04-0009-000, to Victoria FAT Paschke, 19963 Inkster Road, Livonia, MI, an adjacent property owner, for a total cash Assessor HsgCmmn sale price of $10,000.00, the action herein being taken in order to best serve the interests of the community. #134-10 Accepting the unit price bid of DiPonio & Morelli Construction Company, MAD 2673 E. Maple Road, Milford, MI 48381, for completing all work required in connection FAT Eng with the 2010 Farmington Road Sanitary Sewer Replacement and Relining Project (Contract 10-J) for the estimated total cost of $359,395.70; FURTHER, authorizing an additional expenditure in the amount of $74,100.00 for an emergency sanitary sewer repair to be paid to D’Angelo Brothers Inc., 25543 Ranchwood, Farmington Hills, MI 48335; FURTHER, authorizing an additional expenditure in the amount of $7,100.00 for inspection/testing services to be paid to Orchard, Hiltz & McCliment, Inc., 34000 Plymouth Road, Livonia, MI 48150; and the City Engineer is authorized to approve minor adjustments in the work as it becomes necessary. #135-10 Approving the waiver use approval request submitted by Gasso MAD Development Company LLC, on behalf of John Deere Landscapes, to operate a FAT Insp contractors yard in an M-1 District on property located on the east side of Merriman Planning Road between the railroad right-of-way and Schoolcraft Road (13580 Merriman Road), in the NW ¼ of Section 26, subject to conditions. (Petition 2010-02-02-01) #136-10 Approving the waiver use approval request submitted by Apartment MAD FAT Services Company, to operate a contractors yard in an M-1 District on property located Insp on the north side of Glendale Avenue between Stark Road and Fairlane Avenue (34600 Planning Glendale Avenue), in the NW ¼ of Section 28, subject to conditions. (Petition 2010-03- 02-04) A roll call vote was taken on the foregoing resolutions with the following result: AYES: Meakin, Laura, Toy, Brosnan, Pastor and McCann. NAYS: None. MAD #137-10 Resolution by Brosnan and Toy, approving the 2010-2011 CDBG Program FAT Annual Plan and Budget. Insp Planning A roll call vote was taken on the foregoing resolution with the following result: HsgCmmn AYES: Meakin, Toy, Brosnan, Pastor and McCann. NAYS: Laura. MAD FAT Police th SYNOPSIS OF THE MINUTES OF THE 1,655 REGULAR MEETING 5 LIVONIA CITY COUNCIL – April 28, 2010 #138-10 Resolution by Toy and Brosnan, authorizing the Mayor, City Clerk and MAD Housing Director, for and on behalf of the City of Livonia, to execute the Hold Harmless FAT Contracts between the City of Livonia and First Step, Fair Housing Center of Insp Metropolitan Detroit, Jacque Martin-Downs, MA/MSW; St. John Health Planning System/Eastwood Clinics; John V. Farrar, ED. D, LPC; Hegira Programs, Inc.; Madonna HsgCmmn University; and Quality Care Counseling for the period July 1, 2010 through June 30, 2011 in connection with the CDBG-funded victim assistance, fair housing initiative and mental health counseling programs. (CR 66-09, CR 173-09) A roll call vote was taken on the foregoing resolution with the following result: AYES: Meakin, Toy, Brosnan, Pastor and McCann. NAYS: Laura. MAD #139-10 Resolution by Brosnan and Meakin, authorizing the Livonia Housing FAT Commission to acquire three (3) Fannie Mae foreclosed properties for the appraisal Assessor price less a 1% discount for a total purchase price of $101,580.00 ($33,280.00 for HsgCmmn 20108 Antago, $23,750.00 for 19320 Brentwood and $44,550.00 for 20215 Floral) from budgeted funds; FURTHER, authorizing an expenditure in an amount not to exceed $7,000.00 per property for estimated closing costs. A roll call vote was taken on the foregoing resolution with the following result: AYES: Meakin, Toy, Brosnan, Pastor and McCann. NAYS: Laura. UNFINISHED BUSINESS: Toy gave FIRST READING to the following Ordinance: AN ORDINANCE AMENDING SECTION 23 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. Meakin gave FIRST READING to the following Ordinance: AN ORDINANCE AMENDING SECTION 3 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. Meakin invoked the EMERGENCY CLAUSE and gave SECOND READING to the foregoing Ordinance, and a roll call vote was taken: th SYNOPSIS OF THE MINUTES OF THE 1,655 REGULAR MEETING 6 LIVONIA CITY COUNCIL – April 28, 2010 A roll call vote was taken on the foregoing Ordinance: AYES: Meakin, Laura, Toy, Brosnan, Pastor and McCann. NAYS: None. Brosnan gave SECOND READING to the following Ordinance: AN ORDINANCE AMENDING SECTION 140 OF TITLE 3, CHAPTER 04 (FINANCIAL PROCEDURES) OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED. A roll call vote was taken on the foregoing Ordinance: AYES: Meakin, Laura, Toy, Brosnan, Pastor and McCann. NAYS: None. MAD #140-10 Resolution by Brosnan and Meakin, unanimously adopted, approving the FAT Engineering Department’s request to proceed with the QBS process for selection of Eng professional services as submitted. #141-10 Resolution by Toy and Pastor, approving the request submitted by Wayne MAD and Billie Roberts for a waiver of the sidewalk requirement in front of their newly FAT constructed home located at 14401 Henry Ruff; FURTHER, reserving the right to Eng require sidewalks at this location in the event that additional sidewalks are installed in this area at some future date. A roll call vote was taken on the foregoing resolution with the following result: AYES: Meakin, Laura, Toy, Brosnan and Pastor. NAYS: McCann. #142-10 Resolution by Brosnan and Toy, approving changes to wages, MAD classifications and qualifications for Department of Parks and Recreation. FAT CivSvc Pks&Rec A roll call vote was taken on the foregoing resolution with the following result: AYES: Toy, Brosnan, Pastor, and McCann. NAYS: Meakin and Laura. MAD #143-10 Resolution by Toy and Brosnan, unanimously adopted, authorizing FAT participation in a Sanitary Manhole Rehabilitation Project to be done by the Wayne Eng County Department of Public Services, Water Quality Management Division; FURTHER, authorizing an appropriation and expenditure in an amount not to exceed $83,805.00 from budgeted funds; and authorizing the City Engineer to approve minor adjustments in the work as it becomes necessary. #144-10 Resolution by Pastor and Meakin, unanimously adopted, accepting the MAD unit price bid of Michigan Joint Sealing, Inc., 28830 W. Eight Mile, Suite 103, FAT Farmington Hills, MI 48336, for completing all work required in connection with the 2010 Eng Pavement Crack and Joint Sealing Program (Contract 10-D) for the estimated total cost th SYNOPSIS OF THE MINUTES OF THE 1,655 REGULAR MEETING 7 LIVONIA CITY COUNCIL – April 28, 2010 of $151,000.00; FURTHER, authorizing the City Engineer to approve minor adjustments in the work as it becomes necessary; FURTHER, the bid of K & B Asphalt Sealcoating, Inc. is hereby rejected for the reasons indicated in the aforesaid communication. Pastor stepped down from the podium at 8:44 p.m. to avoid the appearance of a conflict of interest regarding the next 2 items. #145-10 Resolution by Toy and Brosnan, unanimously adopted, approving and MAD granting Petition 2010-02-02-02, submitted by Dortch Enterprises, LLC, requesting FAT Insp approval to construct and operate a drive-in restaurant with drive-up window facilities Planning (Sonic Drive-In Restaurant) on property located on the south side of Seven Mile Road between Middlebelt Road and Maplewood Avenue (29155 Seven Mile Road), in the NW ¼ of Section 12, subject to conditions. #146-10 Resolution by Meakin and Toy, waiving the twelve (12) feet width MAD requirement for the traffic lane serving the drive-up service facility set forth in Section FAT 11.03(c)(1)a2 of Zoning Ordinance No. 543, as amended, in connection with the Insp Planning approval of waiver use Petition 2010-02-02-02. A roll call vote was taken on the foregoing resolution with the following result: AYES: Meakin, Laura, Toy, Brosnan, and McCann. NAYS: None. #147-10 Resolution by Toy and Meakin, unanimously adopted, approving and MAD granting Petition 2010-03-02-05, submitted by Brad Turowski; requesting waiver use FAT approval to operate a limited service restaurant (Subway) on property located on the Insp east side of Farmington Road between Six Mile Road and Curtis Avenue (17134 Planning Farmington Road), in the SW ¼ of Section 10, subject to conditions. Pastor returned to the podium at 8:52 p.m. NEW BUSINESS: MAD FAT #148-10 Resolution by Meakin and Toy, unanimously adopted, accepting a Grant Eng Planning of Easement from Marsha Adams, for the development of a new storm water line being Assessor constructed at 11925 Stark Road in the South 1/2 of Section 28. MAD #149-10 Resolution by Meakin and Brosnan, unanimously adopted, accepting a FAT Grant of Easement from Michael and Dawn Nowak, for the development of a new storm Eng water line being constructed at 36463 Ann Arbor Trail in the SW ¼ of Section 32. Planning Assessor #150-10 Resolution by Toy and Brosnan, unanimously adopted, amending and MAD revising Council Resolution 85-10 to include the legal description of the City-owned FAT property on Glendale Avenue to be leased by Schoolcraft College. (CR 85-10) Eng Planning Police th SYNOPSIS OF THE MINUTES OF THE 1,655 REGULAR MEETING 8 LIVONIA CITY COUNCIL – April 28, 2010 AUDIENCE COMMUNICATION: None. Toy congratulated Terry A. Marecki on becoming the City Clerk. th By Toy and Brosnan, unanimously adopted, adjourning this 1,655 Regular Meeting of the Council of the City of Livonia at 8:55 p.m. on April 28, 2010. TERRY A. MARECKI 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.