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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 L 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 L � Q, 1fnJ Linda Grimsby, City Clerk