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Home My WebLink AboutSYNOPSIS - 2010-11-03 th SYNOPSIS OF THE MINUTES OF THE 1,668 REGULAR MEETING LIVONIA CITY COUNCIL – NOVEMBER 3, 2010 Meeting was called to order at 8:00 p.m. Present: Laura Toy, Maureen Miller Brosnan, Conrad Schwartz, John Pastor, Brian Meakin, Joe Laura, and James McCann. Absent: None. #369-10 Resolution by Pastor and Toy, unanimously adopted, approving the MAD th minutes of the 1,667 Regular Meeting of the Council held October 20, 2010. FAT Mayor Kirksey congratulated City Clerk, Terry Marecki and her dedicated staff on the fine job they did this election. He also congratulated the winners of the election that were selected to lead us in the next few years. Mayor Kirksey said he is hopeful that this will be a time where everyone will forget party labels and partisanship because the challenges in the near future are immense and anything that can be done to quicken the economy to find those coveted jobs and keep Livonia on track will be much appreciated. President McCann congratulated Councilmember John Pastor on a great effort on his bid for State Senate. He also congratulated City Clerk, Terry Marecki and her staff for a great job on the election. Pastor congratulated his opponent Senator Glenn Anderson and thanked everyone that voted for him. He also thanked City Clerk, Terry Marecki and her staff on getting the results out so efficiently. He looks forward to finishing out his term and the future. Vice-President Laura referred the subject matter of CR 260-09, adopted by the Council at its Regular meeting of June 10, 2009, to the Administration for follow-up and requested the Council be presented with the appropriate material no later than the next Regular meeting of Council scheduled for November 17, 2010. Further, Laura inquired why this resolution was not implemented and requested the Administration provide an explanation concerning the matter. Don Knapp, City Attorney, gave an update re: Christopher Maiberger and Ross Towing of Livonia v City of Livonia, et al, U. S. District Court, Eastern District of Michigan Case No. 2:09-cv-15000. He said the Plaintiff filed a motion for a reconsideration of the summary judgment but their motion was denied. Knapp said if they don’t file an appeal by Monday, November 8, 2010, the case will be effectively over. AUDIENCE COMMUNICATION: None. The following items were received and filed: th SYNOPSIS OF THE MINUTES OF THE 1,668 REGULAR MEETING 2 LIVONIA CITY COUNCIL – November 3, 2010 A communication from the Department of Law, dated October 11, 2010, re: Christopher Maiberger and Ross Towing of Livonia v City of Livonia, et al, U. S. District Court, Eastern District of Michigan Case No. 2:09-cv-15000. A petition signed by nine (9) neighboring properties objecting to a drive-up window at the Dairy Queen, 37405 Ann Arbor Road.(Petition 2010-06-02-13) (CR 303-10) A communication from the Department of Law, dated October 20, 2010, re: forwarding proposed ordinance amendment for rezoning Petition 2010-02-01-01. (CR 247-10) A communication from the Livonia Housing Commission, dated October 28, 2010, forwarding a revised Purchase Agreement with a corrected legal description for property located at 11750 Cardwell. The following resolutions were offered by Meakin and Brosnan: MAD #370-10 Approving the reappointment of Jim Cambridge, 36223 Ladywood, FAT Livonia, Michigan 48154, to the Livonia Brownfield Redevelopment Authority for a term CivSvc of three years, which will expire on November 24, 2013. Planning MAD #371-10 Approving the reappointment of Michael Paul Condon, 31115 Hillbrook, FAT Livonia, Michigan 48152, to the Livonia Brownfield Redevelopment Authority for a term CivSvc of three years, which will expire on November 24, 2013. Planning #372-10 Approving the reappointment of Ashley Krueger, 37434 N. Laurel Park MAD Drive, Livonia, Michigan 48152, to the Livonia Brownfield Redevelopment Authority for a FAT CivSvc term of three years, which will expire on November 24, 2013. Planning #373-10 Accepting the bid of EPM Solutions, 16012 Flintlock Road, Suite 1100, MAD Cupertino, California 95014, for providing the Information Systems Department with FAT Upgraded Microsoft Server Software Licenses; FURTHER, authorizing an expenditure InfoSys in an amount not to exceed $21,213.32 from budgeted funds. #374-10 Accepting the unit price bid of Grand River Printing and Imaging, 8455 MAD Haggerty, Belleville, Michigan 48111, for design (cover and typesetting), three proofs, FAT editing, printing and sorting of the “L” Magazine for a two year period from April 2011 to P&R CommRes March 2013; FURTHER, authorizing an expenditure in an amount not to exceed $55,000.00 per contract year from budgeted funds. #375-10 Accepting the unit price bids meeting all specifications of Impressive MAD Promotional Products, LLC, Shoeb Ali, 645 N. Rochester Rd., Clawson, MI 48017, for FAT P&R seven (7) items of clothing; and Line Drive Sports, Jessica Seabridge, 5977 E. 14 Mile Rd., Sterling Hgts, MI 48312, for two (2) items of clothing; and International Promotional Ideas, Jackie Leeper, 1310 Louis Ave., Elk Grove Village, IL 60007, for three (3) items of clothing; and Artistic Touch, Rachel Muscott, 30418 Elmira, Livonia, MI 48150, for one (1) item of clothing; and Allgraphics Corporation, Frank Alspector, 28960 E. King th SYNOPSIS OF THE MINUTES OF THE 1,668 REGULAR MEETING 3 LIVONIA CITY COUNCIL – November 3, 2010 William Dr., Farmington Hills, MI 48331, for twenty (20) items of clothing; and Arrow Uniform Rental, LLC, Scott Wakefield, 6400 Monroe Blvd., Taylor, MI 48180, for two (2) items of clothing, to supply Parks and Recreation Department for the 2011 Fiscal Year; FURTHER, authorizing the purchases from budgeted funds. #376-10 Approving the purchase of three (3) pieces of used leaf equipment (two (2) MAD 2008 self-contained vacuum leaf machines and one (1) 2007 leaf claw for the front of a FAT tractor) from the City of Westland; FURTHER, authorizing an expenditure in an amount not to exceed $20,000.00 from funds budgeted. #377-10 Determining to advise the Wayne County Department of Public Services MAD (Permit Section) that the City of Livonia has approved the storm sewer site plans and FAT FURTHER, that the City will accept jurisdiction and maintenance (at no expense to the Eng County) of the storm sewer within the property located on the north side of Six Mile Road, west of Farmington Road (33400 West Six Mile Road); FURTHER, authorizing the City Engineer to execute a Wayne County permit on behalf of the City of Livonia in connection with the above storm sewer construction; and FURTHER, authorizing the Mayor to execute the maintenance agreement on behalf of the City with Livonia Outpatient Surgery Center, LLC to reimburse the City for any such maintenance that may become necessary. MAD #378-10 Approving the 2011 Road Repair Program as proposed by the Department FAT Eng of Public Works and reviewed by the Citizens Advisory Committee on Roads for the ninth year of the ten-year paving millage approved by Livonia residents. #379-10 Authorizing the Mayor and City Clerk, for and on behalf of the City of MAD Livonia, to execute a contract amendment between the City of Livonia and Orchard, FAT Hiltz and McCliment, 34000 Plymouth Road, Livonia, Michigan 48150, to provide Eng Design Engineering and Construction Engineering for the Asphalt Program in an amount not to exceed $259,000.00; FURTHER, the Council does hereby authorize the Mayor and City Clerk, for and on behalf of the City of Livonia, to execute a contract amendment between the City of Livonia and Anderson, Eckstein and Westrick, Inc., 51301 Schoenherr, Shelby Township, Michigan 48315, to provide Design Services and Construction Engineering Services for the Concrete Program in an amount not to exceed $297,065.00; FURTHER, the Council does hereby authorize an expenditure in an amount not to exceed $556,065.00 from budgeted funds, and the City Engineer is hereby authorized to approve minor adjustments in the work as it becomes necessary. (CR 458-09 and CR 506-07) #380-10 Authorizing the Mayor and City Clerk, for and on behalf of the City of MAD Livonia, to execute a contract between the City of Livonia and Spalding DeDecker FAT Eng Associates, Inc., 905 South Boulevard East, Rochester Hills, Michigan 48307, to provide Design Engineering Services for the Police and Fire Station Campus Improvements; FURTHER, authorizing an expenditure in an amount not to exceed $40,100.00 from funds budgeted; and the City Engineer is hereby authorized to approve minor adjustments in the work as it becomes necessary. th SYNOPSIS OF THE MINUTES OF THE 1,668 REGULAR MEETING 4 LIVONIA CITY COUNCIL – November 3, 2010 #381-10 Authorizing the Mayor and City Clerk, for and on behalf of the City of MAD Livonia, to execute a contract amendment between the City of Livonia and Orchard, FAT Hiltz and McCliment, 34000 Plymouth Road, Livonia, Michigan 48150, to provide design Eng services to upgrade the pedestrian signals with new countdown LED pedestrian signals and remove and replace sidewalk ramps to meet ADA compliance on West Chicago at Merriman and Middlebelt Roads; FURTHER, authorizing an expenditure in an amount not to exceed $15,700.00 from funds budgeted; and the City Engineer is hereby authorized to approve minor adjustments in the work as it becomes necessary. #382-10 Approving a one (1) year extension (ending November 30, 2011) of the MAD existing contract to provide on-call construction inspection and testing services with FAT Eng Orchard, Hiltz and McCliment, Inc., 34000 Plymouth Road, Livonia, Michigan 48150 for an amount not to exceed $512.00 per day, and with Spalding DeDecker Associates, Inc., 905 S. Boulevard East, Rochester Hills, Michigan 48307 for an amount not to exceed $480.00 per day for the services of a Construction Tech II and $600.00 per day for a Senior Construction Tech; FURTHER, authorizing a one (1) year extension (ending November 30, 2011) of the existing contract to provide on-call inspection only services with Professional Engineering Associates, 2430 Rochester Ct., Suite 100, Troy, Michigan 48083 for an amount not to exceed $500.00 per day, and with Ken P. Buccilli, LLC, 22248 Cape Cod Way, Farmington Hills, Michigan 48336 for an amount not to exceed $440.00 per day; FURTHER, the Council does hereby authorize these expenditures from funds budgeted. (CR 252-09) #383-10 Approving Petition 2010-08-02-14, submitted by Young O. Coutts MAD FAT requesting waiver use approval to operate a full service restaurant (Sushi & Rolls) within Insp the College Park Marketplace retail center, on property located at 17382 Haggerty Road Planning subject to conditions. A roll call vote was taken on the foregoing resolutions with the following result: AYES: Toy, Brosnan, Schwartz, Pastor, Meakin, Laura, and McCann. NAYS: None. #384-10 Resolution by Meakin and Toy, unanimously adopted, determining to take MAD no further action regarding the issue of drive-up window facilities for Petition 2010-06- FAT 02-13 submitted by Dairy Queen, in connection with a full service restaurant on property Planning located at 37405 Ann Arbor Road. Toy 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. (Petition 2010-02-01-01) th SYNOPSIS OF THE MINUTES OF THE 1,668 REGULAR MEETING 5 LIVONIA CITY COUNCIL – November 3, 2010 MAD #385-10 Resolution by Meakin and Brosnan, unanimously adopted, determining to FAT take no further action regarding the subject of allowing Coney Island-type restaurants to Planning utilize a tavern license (sale of beer and wine for consumption on the premises.) Police (Petition 2010-06-02-11) (CR 261-10) (CR 262-10) Insp #386-10 Resolution by Toy and Brosnan, unanimously adopted, determining to MAD FAT take no further action regarding the subject of mixed use zoning. (CR 133-09) Planning #387-10 Resolution by Pastor and Meakin, unanimously adopted, determining to MAD take no further action regarding the subject of a St. Patrick’s Day parade on Plymouth FAT Road. (CR 22-09) #388-10 Resolution by Pastor and Brosnan, unanimously adopted, determining to MAD FAT take no further action regarding the subject of an indoor sports arena (specifically for P&R soccer.) (CR 479-07) #389-10 Resolution by Pastor and Brosnan, unanimously adopted, determining to MAD FAT take no further action regarding the subject of easing signage regulations for Planning commercial businesses. (CR 577-07) Insp UNFINISHED BUSINESS #390-10 Resolution by Schwartz and Pastor, accepting the offer of Ms. Misty Hoyer MAD to purchase City-owned property located at 11750 Cardwell for a total purchase price of FAT $66,000.00, which sale is conditioned upon the purchaser obtaining financing and Housing participating in a homeownership training program; FURTHER, directing that the sale Assessr proceeds be directed to the Neighborhood Stabilization Program for purposes consistent with the NSP Grant Agreement. (CR 518-08) A roll call vote was taken on the foregoing resolution with the following result: AYES: Toy, Brosnan, Schwartz, Pastor, Meakin, and McCann. NAYS: Laura. #391-10 Resolution by Brosnan and Toy, denying request to increase usage fees MAD FAT for pavilion rentals. (CR 543-08) P&R A roll call vote was taken on the foregoing resolution with the following result: AYES: Toy, Brosnan, Pastor, Meakin, and Laura. NAYS: Schwartz and McCann. #392-10 Resolution by Brosnan and Meakin, approving and granting Petition 2010- MAD 08-02-15, submitted by Vijay M. Patel requesting waiver use approval to operate a FAT massage establishment (LaVida Massage Center) within the Livonia Plaza shopping Planning center, on property located on the south side of Five Mile Road, between Merriman Insp Road and Henry Ruff Road (30985 Five Mile Road), subject to conditions. th SYNOPSIS OF THE MINUTES OF THE 1,668 REGULAR MEETING 6 LIVONIA CITY COUNCIL – November 3, 2010 A roll call vote was taken on the foregoing resolution with the following result: AYES: Toy, Brosnan, Pastor, Meakin, and Laura. NAYS: Schwartz and McCann. #393-10 Resolution by Brosnan and Meakin, in connection with Petition 2010-08- MAD 02-15 submitted by Vijay M. Patel, requesting waiver use approval to operate a FAT massage establishment (LaVida Massage Center), located at 30985 Five Mile Road, Planning Insp waiving the requirement set forth in section 11.03(u)(3) of Zoning Ordinance No. 543, as amended, which requires that no massage establishments be located within 400 feet of a preexisting school. A roll call vote was taken on the foregoing resolution with the following result: AYES: Toy, Brosnan, Pastor, Meakin, Laura, and McCann. NAYS: Schwartz. MAD #394-10 Resolution by Pastor and Meakin, unanimously adopted, approving and FAT granting Petition 2010-09-02-16, submitted by Joe’s Produce requesting waiver use Planning approval to utilize a Tavern license (sale of beer and wine for consumption on the Police premises), on property located at 33152 Seven Mile Road, subject to conditions. Insp NEW BUSINESS MAD #395-10 Resolution by Pastor and Toy, unanimously adopted, suspending the rules FAT for procedure as outlined in Council Resolution 574-82 in order to permit consideration of items that do not appear on the agenda. #396-10 Resolution by Meakin and Brosnan, unanimously adopted, recognizing MAD Livonia Symphony Orchestra as a non-profit organization operating in the Community, FAT and the action herein being taken for the purpose of affording Livonia Symphony Planning Orchestra an opportunity to obtain a charitable gaming license or registration from the Police Insp State of Michigan in accordance with provisions of State statute, to host Texas Hold-em Parties at Kickers. #397-10 Resolution by Schwartz and Meakin, unanimously adopted, indicating MAD utter dissatisfaction with the inordinately slow progress of the Wayne County Middlebelt FAT Road Reconstruction Project and the lengthy disruption to motorists and businesses Planning along Middlebelt Road; FURTHER, taking this means to advise contractors who are Eng awarded contracts with the City of Livonia that they will be required to demonstrate appropriate sensitivity to the needs of taxpayers and businesses in the performance of those contracts; FURTHER, encouraging Wayne County Executive Robert Ficano and the Wayne County Commission to demand greater accountability of itself and those contractors who work for them to ensure that the impact of road construction and other such projects are completed in an efficient manner with minimal disruption to affected businesses and residents. th SYNOPSIS OF THE MINUTES OF THE 1,668 REGULAR MEETING 7 LIVONIA CITY COUNCIL – November 3, 2010 AUDIENCE COMMUNICATION: None. President McCann asked for a moment of silence for Constantino DelSignore who passed away last week. th By Pastor and Brosnan, unanimously adopted, adjourning this 1,668 Regular Meeting of the Council of the City of Livonia at 8:47 p.m. on November 3, 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.