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Home My WebLink AboutSYNOPSIS - 2009-04-29 st SYNOPSIS OF THE MINUTES OF THE 1,631 REGULAR MEETING LIVONIA CITY COUNCIL – APRIL 29, 2009 ________________________________________________________________ Meeting was called to order at 8:00 p.m. Present: Joe Laura, Brian Meakin, Thomas Robinson, James McCann, John Pastor, and Terry Godfroid- Marecki. Absent: Laura Toy. MAD #161-09 Resolution by Meakin and Robinson, approving the minutes of the th FAT 1,630 Regular Meeting of the Council held April 8, 2009, as submitted. A roll call vote was taken on the foregoing resolution: AYES: Laura, Meakin, Robinson, McCann, and Pastor. NAYS: None. PRESENT: Godfroid-Marecki. Council Vice President Godfroid-Marecki wished the Director of Legislative Affairs, Karen Tesner, a speedy recovery from surgery. She wished Councilman Robinson a Happy Birthday on April 30, 2009. She also welcomed Boy Scout Troop 271 to the meeting. Mayor Jack Kirksey thanked participants for attending the Town Hall Meeting on April 27, 2009 and submitting their suggestions on budget strategies and will meet with union representatives in the next few weeks. The Mayor met with Public Safety officials to be prepared to respond to the H1N1 (swine influenza) issue. Everyone should wash their hands frequently. Council Vice President Godfroid-Marecki announced Public Hearings for two (2) items that are to be held in the Auditorium of the Livonia City Hall, 33000 Civic Center Drive, Livonia, MI, on the following: Wednesday, May 6, 2009 at 6:30 p.m.: 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 No. 13) 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 No. 13) st SYNOPSIS OF THE MINUTES OF THE 1,631 REGULAR MEETING 2 LIVONIA CITY COUNCIL – April 29, 2009 #162-09 Resolution by Pastor and Meakin, unanimously adopted, MAD FAT suspending the rules for procedure as outlined in Council Resolution 574-82 in order to permit consideration of items that do not appear on the agenda. #163-09 Resolution by Meakin and Pastor, unanimously adopted, MAD suspending the requirement for notice ten (10) days prior to a hearing on an FAT application for Industrial Facilities Exemption under Public Act 198 of 1974, as EconDev amended, set forth in the City’s Tax Incentive Policy adopted in Council Assr Resolution 504-05 in connection with an application from A123 Systems, Inc. to hold a hearing on May 6, 2009 at 6:30 p.m. A roll call vote was taken on the foregoing resolution: AYES: Laura, Meakin, Robinson, McCann, Pastor, and Godfroid- Marecki. NAYS: None. Council Vice President Godfroid-Marecki announced that a Public Hearing for the following item will be held on Wednesday, May 27, 2009 at 7:00 p.m. in the Auditorium of the Livonia City Hall, 33000 Civic Center Drive, Livonia, MI: 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 structures 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. AUDIENCE COMMUNICATION: Lynda Scheel, Livonia Public Schools’ Board of Education, 19980 Mayfield, reminded the audience of the upcoming school board election on Tuesday, May 5, 2009. Polls are open from 7:00 a.m. until 8:00 p.m. Absentee ballots are available on Saturday, May 2, 2009 from 8:30 a.m. until 2:00 p.m. #164-09 Resolution by Robinson and Laura, unanimously adopted, referring MAD FAT to the Committee of the Whole for their report and recommendation on the Insp subject of placing the City logo on all vehicles owned by the City. DPW Eng The following items were received and filed: OrdEnf A communication from the Department of Finance, dated April 2, 2009, regarding forwarding various financial statements of the City of Livonia for the month ending January 31, 2009. st SYNOPSIS OF THE MINUTES OF THE 1,631 REGULAR MEETING 3 LIVONIA CITY COUNCIL – April 29, 2009 A communication from the Department of Finance, dated April 14, 2009, regarding forwarding various financial statements of the City of Livonia for the month ending February 28, 2009. A communication from the Division of Police, dated April 22, 2009, regarding the Festival of Chariots Parade request. A summarized Audit Presentation distributed by Plante & Moran, dated April 7, 2009, regarding Annual City of Livonia Audit Reports for the period December 1, 2007 to November 30, 2008. (CR 367-02) A communication from the Department of Finance, dated April 2, 2009, submitting the City of Livonia Audit Reports for the Fiscal Year ended November 30, 2008. (CR 367-02) A communication from the Department of Finance, dated April 28, 2009, regarding additional information on the Livonia Firefighters Tentative Agreement Wage Comparables. The following resolutions were offered by Meakin and Pastor: #165-09 Approving the request of Kathleen A. Fitzgerald to hold a block MAD party and close Cranston, between Elmira and Orangelawn, on Monday, May 25, FAT 2009, from 2:00 p.m. to 8:00 p.m., subject to the approval of the Police Police Department. #166-09 Approving the request of Amy Fogle to hold a block party and close MAD Henry Ruff, between Robert and Orangelawn, on Saturday, June 6, 2009, from FAT Police 12:00 p.m. to 10:00 p.m., with a rain date requested of Sunday, June 7, 2009, subject to the approval of the Police Department. MAD #167-09 Approving a request, submitted by Peggy Roberts, Executive FAT Director, AAA Pregnancy Resource Center, waiving Section 8.32.070 (Noise Police Control) of the Livonia Code of Ordinances in connection with the Annual Walk OrdEnf for Life Fundraiser on Saturday, May 16, 2009, to allow a live band to perform from 9:00 a.m. to 2:00 p.m. at 16751 and 16755 Middlebelt Road. #168-09 Denying a request, submitted by Naimish Patel, Director of Events, MAD Detroit ISKCON, to waive Section 8.32.070 (Noise Control) of the Livonia Code FAT th Police of Ordinances in connection with their 13 Annual Festival of Chariots at 28875 OrdEnf Seven Mile Road to allow a parade on Saturday, June 27, 2009. MAD #169-09 Approving a request from SEP-12, LLC to transfer ownership of a FAT 2008 Class C licensed business in escrow from Hamilton’s Red Rooster #1, Inc. Insp and transfer location from 6553 E. McNichols, Detroit, MI 48212, for the business Plan located at 31530 Plymouth Road, Livonia, MI 48152; FURTHER, approving a Police Fire st SYNOPSIS OF THE MINUTES OF THE 1,631 REGULAR MEETING 4 LIVONIA CITY COUNCIL – April 29, 2009 request for a new Official Permit (Food) for the business located at 31530 Plymouth Road. #170-09 Providing that one (1) or more additional boards of Election MAD Inspectors may be appointed to serve as Receiving Boards pursuant to MCL FAT 168.679a at any City election at which ballots are counted and certified at the Clerk precinct. MAD #171-09 Amending Council Resolution 31-09, approving the appointment of FAT Sharon Dolmetsch to the position of Deputy Treasurer, effective February 1, CivServ 2009; FURTHER, all benefits, as well as the salary increase to be effective December 1, 2008. MAD #172-09 Approving the 2009-2010 Community Development Block Grant FAT (CDBG) Program Annual Plan and Budget. (CR 66-09) Housing #173-09 Approving Hold Harmless Contracts between the City of Livonia MAD and First Step; Fair Housing Center of Metropolitan Detroit; Jacque Martin- FAT Downs, MA/MSW; St. John Health System/Eastwood Clinics; John V. Farrar, ED. Housing 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. (CR 66-09) #174-09 Approving the Community/Financial Institution Participation MAD Agreement between the City of Livonia and the Michigan State Housing FAT Development Authority (MSHDA) to continue Housing Commission’s participation Housing in the MSHDA Property Improvement Program (PIP) with Fifth Third Bank, a new lending institution, to offer low interest loans to homeowners for housing rehabilitation improvements; FURTHER, authorizing the execution of new Participation Agreements should MSHDA approve new community lenders. (CR 230-00 and CR 166-99) #175-09 Accepting the lowest and only bid received meeting all MAD FAT specifications of ODB Co., 5118 Glen Alden Drive, Richmond, VA 23231, to DPW supply the Road Maintenance Section of the Public Service Division with three Eng (3) Trailer-Mounted Leaf Collectors for a net price of $53,385.00, based on a total of $56,010.00 less trade-ins of $2,625.00, from budgeted funds. #176-09 Accepting the low bids received which meet specifications of Nagle MAD Paving Company, 39525 Thirteen Mile Road, Novi, MI 48377; Barrett Paving FAT Materials, 13501 Huron River Drive, Romulus, MI 48174; and Ajax Materials DPW Corporation, 830 Kirts Boulevard, Suite 100, Troy, MI 48084, to supply the Road Eng Maintenance Section of the Public Service Division with bituminous materials at unit prices bid for the period May 1, 2009 through April 30, 2010 from budgeted st SYNOPSIS OF THE MINUTES OF THE 1,631 REGULAR MEETING 5 LIVONIA CITY COUNCIL – April 29, 2009 funds; FURTHER, accepting the second lowest bids which meet all specifications of Ajax Materials Corporation, 830 Kirts Boulevard, Suite 100, Troy, MI 48084 and Saginaw Asphalt Paving Company, 2981 Carrollton Road, Saginaw, MI 48604, in the event low bidders are unable to furnish the materials. #177-09 Accepting the lowest unit price bid of Dilisio Contracting Inc., 23525 MAD Lakepointe Drive, Clinton Township, MI 48036, to complete all work required on FAT various streets throughout the City in connection with the 2009 Concrete Road DPW Eng Repair Program – Reconstruction Project (Contract 09-C) for an estimated cost of $2,018,227.50 from budgeted funds, based on Engineering Division’s estimate of units involved; FURTHER, authorizing the City Engineer to approve any minor adjustments in the work as necessary. #178-09 Accepting the lowest unit price bid received meeting all MAD specifications of Michigan Joint Sealing, Inc., 28830 W. Eight Mile, Suite 103, FAT Farmington Hills, MI 48336, to complete all work required for the 2009 Pavement DPW Crack and Joint Sealing Program (Contract 09-D) for a total estimated cost of Eng $123,715.00 from budgeted funds, based on Engineering Division’s estimate of units involved; FURTHER, authorizing the City Engineer to approve minor adjustments in the work as necessary. #179-09 Accepting the lowest unit price bid received meeting all MAD specifications of Racquet Sports, 5850 Comstock Park Drive, Comstock Park, MI FAT 49321, for an estimated total cost of $126,849.52 from budgeted funds, based on DPW Engineering Division’s estimate of units involved, to complete all work required Eng Parks&Rec relating to the 2009 Tennis Court Maintenance Project, Contract 09-E; FURTHER, authorizing the City Engineer to approve minor adjustments in the work as necessary. #180-09 Accepting the lowest unit price bid received of Joe Rotondo MAD Construction, 38807 Ann Arbor Road, Suite 2, Livonia, MI 48150, to complete all FAT work required relating to the 2009 Sidewalk Replacement Program (Contract 09- DPW Eng G) for a total amount not exceeding $603,677.00 from budgeted funds, based on Engineering Division’s estimate of units involved; FURTHER, authorizing an advance of $144,636.53 from the single lot assessment portion of the program and reimbursed when funds are received from the payment of bills and assessments by affected property owners; FURTHER, authorizing an expenditure of $18,758.80 and $145,128.94 from budgeted funds for construction or reconstruction of handicap ramps at major and local roads; FURTHER, authorizing an expenditure of $7,300.00 from budgeted funds for sidewalk work adjacent to and including water, storm and sanitary structure repairs; FURTHER, authorizing an expenditure of $200,000.00 and an additional $148,220.43 from budgeted funds for repair of sidewalks heaved by tree roots; FURTHER, authorizing the City Engineer to approve minor adjustments in the work as necessary. st SYNOPSIS OF THE MINUTES OF THE 1,631 REGULAR MEETING 6 LIVONIA CITY COUNCIL – April 29, 2009 #181-09 Accepting the lowest unit price bid received of Galui Construction MAD Inc., 33805 Harper Avenue, Clinton Township, MI 48035, to complete all work FAT required on various streets throughout the City in connection with the 2009 DPW Concrete Road Repair Program – Maintenance (Contract 09-L) for an estimated Eng cost of $1,063,225.00 from budgeted funds, based on Engineering Division’s estimate of units involved; FURTHER, authorizing the City Engineer to approve any minor adjustments in the work as necessary. #182-09 Approving Petition 2009-02-02-04, submitted by JML3, L.L.C., MAD requesting waiver use approval for outdoor seating at an existing full-service FAT Alladin’s Eatery restaurant located at 37104 Six Mile Road on the north side of Insp Six Mile Road, between Newburgh Road and Fitzgerald Avenue, within the Key Plan Eng Bank Commons Shopping Center, in the S.W. 1/4 of Section 8, zoned C-2, and subject to conditions. #183-09 Referring to the Legislative Affairs Committee for its report and MAD FAT recommendation regarding the maintenance of bank-owned and abandoned Housing properties. A roll call vote was taken on the foregoing resolutions: AYES: Laura, Meakin, Robinson, McCann, Pastor and Godfroid- Marecki. NAYS: None. 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. (CR 94-09) Meakin gave SECOND READING to 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) A roll call vote was taken on the foregoing Ordinance: AYES: Laura, Meakin, Robinson, McCann, Pastor, and Godfroid- Marecki. NAYS: None. MAD #184-09 Resolution by Pastor and Laura, unanimously adopted, approving FAT Petition 2008-12-02-31, submitted by 19055 Farmington Road L.L.C., requesting Insp Plan Eng st SYNOPSIS OF THE MINUTES OF THE 1,631 REGULAR MEETING 7 LIVONIA CITY COUNCIL – April 29, 2009 a waiver use approval to operate a full-service restaurant with drive-up facilities on property located at 19055 Farmington Road, on the west side of Farmington Road, between Clarita Avenue and Seven Mile Road, in the N.E. 1/4 of Section 9, subject to conditions. #185-09 Resolution by Pastor and Meakin, unanimously adopted, accepting MAD the lowest bid received meeting all specifications of Rayco of Michigan, Inc., FAT 19322 Gerald Street, Northville, MI 48167, to supply the Road Maintenance DPW Eng Section of the Public Service Division with three (3) 16.5” Brush Chippers for a net price of $126,800.00 from budgeted funds, based on a total of $142,800.00 less trade-ins of $16,000.00. MAD #186-09 Resolution by Pastor and Meakin, unanimously adopted, approving FAT Fire the proposed Agreement between the City of Livonia and the Livonia Fire CivServ Fighters Union for the period December 1, 2008 through November 30, 2012. #187-09 Resolution by McCann and Meakin, unanimously adopted, directing MAD that a closed Committee of the Whole meeting be held to discuss pending FAT litigation and attorney/client privileged communications with respect to Lois Waller v City of Livonia. A roll call vote was taken on the foregoing resolution: AYES: Laura, Meakin, Robinson, McCann, Pastor, and Godfroid- Marecki. NAYS: None. AUDIENCE COMMUNICATION: None. Pastor wished his daughter Rachel and the other girls good luck in the Dance School Competition at Mercy High School. McCann congratulated his son Tyler who just finished his first year of college at Western Michigan University. Godfroid-Marecki congratulated her daughter Brynn on completing her first year of college. st By Pastor and McCann, unanimously adopted, adjourning this 1,631 Regular Meeting of the Council of the City of Livonia at 8:28 p.m. on April 29, 2009. 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.