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HomeMy WebLinkAboutSYNOPSIS - 2009-11-18 th SYNOPSIS OF THE MINUTES OF THE 1,645REGULAR MEETING LIVONIA CITY COUNCIL – NOVEMBER 18, 2009 Meeting was called to order at 8:00 p.m. Present: Terry Godfroid-Marecki, John Pastor, Joe Laura, Brian Meakin, Tom Robinson and Laura Toy. Absent: James McCann. #451-09 Resolution by Robinson and Godfroid-Marecki, unanimously adopted, th MAD approving the minutes of the 1,644Regular Meeting of the Council held November 4, FAT 2009. Council President Toy announced new data on item #’s 11, 13, 14, 15, 16 and 17. Council President Toy announced an “X” item to be discussed at the end of tonight’s meeting re: a request for the FACE to FACE Foundation to obtain a Charitable Gaming License to hold Texas Hold-em Tournaments at a local banquet hall to raise funds for the Foundation. AUDIENCE COMMUNICATION: Linda Scheel, 19980 Mayfield, President of the Livonia Public Schools Board of Education, thanked Mayor Jack Kirksey and the Livonia City Council for passing the resolution to have the State give adequate funding for Livonia and Clarenceville Public Schools. Laura suggested that Council have a meeting with the School Board to brainstorm together to try and figure out a way to save money. Godfroid-Marecki agreed with Laura. She thinks perhaps they could find a way to consolidate some services. Joe Taylor, 36734 Sunnydale, recommended naming the new Courthouse after James Richard McCann, former District Judge. Robinson suggested that Mr. Taylor’s recommendation be moved to the next Study Agenda. Joe Taylor thought it would be good if the current Council members made the resolution to do the naming because they were very together on this new Courthouse. Council President Toy said she thinks Council needs to consider some sort of policy or ordinance on people honoring buildings. They need to tread very lightly on this subject matter. They need to study what’s going on and be careful of the different criteria used in their decision because there have been a lot of great leaders in this Community and th SYNOPSIS OF THE MINUTES OF THE 1,645 REGULAR MEETING 2 LIVONIA CITY COUNCIL – November 18, 2009 long serving as well. The State and Federal laws are very clear about naming various things for various people. Laura asked Law if there is anything in the Ordinance re: naming various buildings. He would also like to know a historical perspective in terms of who the streets, buildings or whatever have been named after in the City and the status of that person. That would give Council good background information. Don Knapp, City Attorney, said that the City Charter does give Council the authority to dispose of property i.e.: sell it, rent it, naming of buildings and/or putting names on plaques. There is no ordinance to provide guidance. Robinson hopes Council has guidance at the next Study that a fair and legitimate case can be made for the great achievements that Judge McCann did to contribute to this Community. He appreciates Mr. Taylor coming in tonight. Godfroid-Marecki thanked Mr. Taylor. She wanted to reiterate a point that he made. This Council has been very supportive of this Courthouse over the last couple of years. They were very much involved and she feels that this Council should make that decision as well. Don Knapp said that Council could adopt a policy if they wish, there is just not one currently today. The following items were received and filed: A communication from the Department of Finance dated October 20, 2009, re: forwarding various financial statements of the City of Livonia for the month ending September 30, 2009. A communication from the Division of Police, dated October 30, 2009, re: noise ordinance waiver for Doc’s Sport Retreat LLC. (CR 382-09) A communication from the Mayor, dated November 17, 2009, re: additional information on the Award of Bid for replacement of the Livonia Police boiler, the Award of Contract for an Engineering Consultant for upcoming Newburgh Road improvements between Six Mile and Seven Mile Roads, and the Award of Contract for the Selection of Consulting Engineering Services to develop a Water Main Distribution Master Plan. A communication from the Public Service Division, dated November 16, 2009, re: additional information on the Award of Bid for replacement of the Livonia Police boiler. A communication from the Engineering Division, dated November 16, 2009, re: additional information on the Award of Contract for selection of a Consultant for Newburgh Road improvements from Six Mile to Seven Mile Rd. th SYNOPSIS OF THE MINUTES OF THE 1,645 REGULAR MEETING 3 LIVONIA CITY COUNCIL – November 18, 2009 A communication from the Engineering Division, dated November 16, 2009, re: additional information on the Award of Contract for Consulting Engineering Services to develop a Water Distribution Master Plan. A communication from the Planning Commission, received in the Office of the City Clerk on November 16, 2009, re: request to operate SDM Licenses at Walgreens Drug Stores. (Petition #’s 2009-08-02-11, 2009-08-02-13 and 2009-08-02-14) A map prepared by the Planning Department, dated November 16, 2009, re: Livonia SDD and SDM liquor licenses. (Petition #’s 2009-08-02-11, 2009-08-02-13 and 2009- 08-02-14) The following resolutions were offered by Robinson and Meakin: MAD #452-09 Authorizing budget adjustments and transfers as recommended by the FAT Director of Finance for the second and third quarters of the 2009 Fiscal Year Budget. MAD #453-09 Approving a contract for the period December 1, 2009 to November 30, FAT 2012, with Citizens Management, Inc., 645 West Grand River, Howell, MI 48843, to Civ Svc provide the City claims administration services and excess insurance coverage when losses from any one claim reach $350,000.00, for a total estimated premium cost of $96,287.00; FURTHER, authorizing without competitive bidding in accordance with Section 3.04.140.D.2 and D.4 of the Livonia Code of Ordinances, as amended. #454-09 Approving the agreement for the Specialized Services Operating MAD FAT Assistance Program between SMART and the City of Livonia for the period October 1, Comm Res 2009 through September 30, 2010. #455-09 Accepting the proposal of NETech Corporation, 26800 Meadowbrook MAD FAT Road, Suite 119, Novi, MI 48377, to provide SmartNet maintenance for the City’s Info Sys network infrastructure, including wireless bridging to four (4) housing facilities and Pks Rec wireless access at the Livonia Community Recreation Center, in an amount not to exceed $18,100.00 from budgeted funds; FURTHER, authorizing without competitive bidding in accordance with the provisions set forth in Section 3.04.140.D.2 and D.4 of the Livonia Code of Ordinances, as amended. MAD #456-09 Authorizing the purchase of eight (8) replacement police vehicles FAT consisting of two (2) 2010 Chevrolet Tahoe vehicles in an amount not to exceed Police $25,639.80 each from Shaheen Chevrolet, 632 American Road, Lansing, MI 48911, through the Oakland County consortium, in the total amount of $51,279.60, five (5) 2010 Ford Crown Victoria Police Interceptor vehicles in an amount not to exceed $20,636.00 each, from Signature Ford, 1960 East Main Street, Owosso, MI 48867, through the Macomb County consortium, in the total amount of $103,180.00, and one (1) 2010 Dodge Charger vehicle from Snethkamp Dodge, 6131 S. Pennsylvania Road, Lansing, MI 48910, through the State of Michigan bid process, in an amount not to exceed $21,818.50 from budgeted funds; FURTHER, authorizing the purchases without th SYNOPSIS OF THE MINUTES OF THE 1,645 REGULAR MEETING 4 LIVONIA CITY COUNCIL – November 18, 2009 competitive bidding in accordance with the provisions set forth in Section 3.04.140.D.4 of the Livonia Code of Ordinances, as amended; FURTHER, authorizing the disposal of eight (8) surplus City-owned police vehicles at public auction after receipt of the new vehicles. #457-09 Authorizing the purchase of up to 100 Colt LE6940 Advanced Law MAD FAT Enforcement Carbine Rifles and cases from Colt Defense, 547 New Park Ave., West Police Hartford, CT 06110, in an amount not to exceed $116,500.00; FURTHER, authorizing an additional appropriation in the amount of $116,500.00 from the 2010 Unexpended Fund Balance of the State Adjudicated Forfeiture Fund with the understanding that these funds will be paid back over time through a voluntary rifle purchase program available through payroll deduction and deposited back into the Adjudicated Forfeiture Fund; FURTHER, authorizing the purchase without competitive bidding in accordance with Section 3.04.140.D.4 of the Livonia Code of Ordinances, as amended. #458-09 Authorizing an amendment to the Engineering Contract with Orchard, Hiltz MAD FAT and McCliment, Inc. in the amount of $629,620.00 ($186,572.00 for design engineering Eng and $304,533.00 for construction engineering for the asphalt program and $52,621.00 for design engineering and $85,894.00 for construction engineering for the water main replacement), authorizing an amendment to the Engineering Contract with Anderson, Eckstein and Westrick, Inc. in the amount of $319,222.00 ($30,492.00 for design services, $48,278.00 for survey services and $160,081.00 for construction engineering services for the Concrete Program and $10,260.00 for design services, $16,246.00 for survey services and $53,865.00 for construction engineering services for the water main replacement); FURTHER, authorizing an expenditure in the amount of $729,956.00 from budgeted funds; FURTHER, authorizing an expenditure in the amount of $218,886.00 and approving an additional appropriation from the Unexpended Fund Balance of the Water and Sewer Bond Fund; FURTHER, waiving the competitive bid process in accordance with Section 3.04.140.D.2 of the Livonia Code of Ordinances, as amended. (CR 506-07) #459-09 Authorizing the release to Leo Soave Building Company, 20592 Chestnut MAD FAT Circle, the proprietor of Churchill Manor Site Condominiums, located west of Newburgh Eng Road, between Ann Arbor Trail and Joy Road, in the S.E. ¼ of Section 31, of the Planning financial assurances previously deposited, the Entrance Marker/Landscaping, and Monuments and Markers Bonds, as all required public improvements have been completed in accordance with the City’s standards and specifications. (CR 549-06) #460-09 Approving the request for a third extension of the site plan, submitted by MAD General Properties Company, L.L.C. on behalf of Sunset View Site Condominiums, for FAT Planning a two-year extension of the Master Deed, Bylaws and Site Plan in connection with Inspection Petition 2006-03-08-07 regarding a proposal to construct a condominium development ZBA on property located on the west side of Sunset Avenue between Eight Mile Road and Fargo Avenue, (30250 Morlock Street), in the N.W. ¼ of Section 2, subject to conditions. (CR 186-06 and CR 289-07) th SYNOPSIS OF THE MINUTES OF THE 1,645 REGULAR MEETING 5 LIVONIA CITY COUNCIL – November 18, 2009 A roll call vote was taken on the foregoing resolutions: AYES: Godfroid-Marecki, Pastor, Laura, Meakin, Robinson and Toy. NAYS: None. Godfroid-Marecki gave FIRST READING to the following Ordinance: AN ORDINANCE AMENDING SECTION 3.08 OF ARTICLE III OF ORDINANCE NO. 543, AS AMENDED, KNOWN AND CITED AS “THE CITY OF LIVONIA ZONING ORDINANCE.” (Petition 2009-08-06-03) #461-09 Resolution by Pastor and Godfroid-Marecki, unanimously adopted, MAD accepting the lowest base bid meeting all specifications of Denny’s Heating, Cooling & FAT Police Refrigeration Services, Inc., 3166 Martin Road, Walled Lake, MI 48390, for completing all work in connection with the Livonia Police boiler replacement for the total price of $118,500.00 from budgeted funds; FURTHER, authorizing the Director of Public Works to approve any minor changes. Meakin gave FIRST READING to the following Ordinance: AN ORDINANCE AMENDING SECTION 290 OF TITLE 6, CHAPTER 04 (DOGS) OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED. Meakin gave FIRST READING to the following Ordinance: AN ORDINANCE AMENDING SECTION 210 OF TITLE 6, CHAPTER 06 (CATS) OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED. #462-09 Resolution by Meakin and Godfroid-Marecki, unanimously adopted, MAD approving the Animal Sheltering Agreement between the City of Livonia and the FAT Michigan Humane Society, 30300 Telegraph Road, Suite 220, Bingham Farms, MI 48025, for providing animal sheltering services to the City for the period commencing December 1, 2009 through November 30, 2010, with boarding fees to increase to $24.00 per day and preparation and handling fees for rabies testing to increase to $200.00, subject to the approval as to form of the Department of Law; FURTHER, authorizing without competitive bidding in accordance with Section 3.04.140.D.2 and D.4 of the Livonia Code of Ordinances, as amended. #463-09 Resolution by Pastor and Meakin, unanimously adopted, accepting the MAD FAT proposal submitted by N.W. Consultants, Inc., 44978 Ford Road, Suite A, Canton, MI Eng 48187, for performing consulting engineering services for Newburgh Road improvements for Segment 1 (Laurel Park Dr. North to 7 Mile Road, including the right turn lane for southbound Newburgh Road at 7 Mile Rd) in an amount not to exceed $46,768.00 from budgeted funds; FURTHER, determining to take no further action with respect to Segment 2 at this time due to a lack of funding; FURTHER, authorizing without competitive bidding in accordance with the provisions set forth in Section 3.04.140.D.2 of the Livonia Code of Ordinances, as amended. th SYNOPSIS OF THE MINUTES OF THE 1,645 REGULAR MEETING 6 LIVONIA CITY COUNCIL – November 18, 2009 #464-09 Resolution by Meakin and Pastor, unanimously adopted, accepting the MAD FAT proposal submitted by Orchard, Hiltz and McCliment, Inc. (OHM), 34000 Plymouth Eng Road, Livonia, MI 48150, for performing consulting engineering services to develop a Water Distribution Master Plan in an amount not to exceed $57,826.00 from the Unexpended Fund Balance of the Water and Sewer Bond Fund; FURTHER, authorizing without competitive bidding in accordance with the provisions set forth in Section 3.04. 140.D.2 of the Livonia Code of Ordinances, as amended; FURTHER, subject to the approval as to form by the Department of Law. #465-09 Resolution by Laura and Robinson, rejecting the recommendation of the MAD Planning Commission and Petition 2009-08-02-11 submitted by Walgreen Company FAT Planning requesting approval to utilize an SDM License (sale of packaged beer and wine) in Inspection connection with a retail facility located on the N.E. corner of Plymouth Road and Middlebelt Road (29370 Plymouth Road), in the S.W. ¼ of Section 25 is denied. A roll call vote was taken on the foregoing resolution: AYES: Pastor, Laura, Meakin, Robinson and Toy. NAYS: Godfroid-Marecki. #466-09 Resolution by Laura and Pastor, rejecting the recommendation of the MAD FAT Planning Commission and Petition 2009-08-02-13 submitted by Walgreen Company Planning requesting approval to utilize an SDM License (sale of packaged beer and wine) in Inspection connection with a retail facility located on the S.E. corner of Six Mile Road and Farmington Road (33333 Six Mile Road), in the N.W. ¼ of Section 15 is denied. A roll call vote was taken on the foregoing resolution: AYES: Pastor, Laura, Meakin, Robinson and Toy. NAYS: Godfroid-Marecki. #467-09 Resolution by Laura and Pastor, rejecting the recommendation of the MAD Planning Commission and Petition 2009-08-02-14 submitted by Walgreen Company FAT Planning requesting approval to utilize an SDM License (sale of packaged beer and wine) in Inspection connection with a retail facility located on the south side of Eight Mile Road, between Farmington Road and Shadyside Road (33239 Eight Mile Road), in the N.W. ¼ of Section 3 is denied. A roll call vote was taken on the foregoing resolution: AYES: Pastor, Laura, Meakin, Robinson and Toy. NAYS: Godfroid-Marecki. #468-09 Resolution by Pastor and Meakin, unanimously adopted, approving the MAD FAT amendment to the project plan – Economic Development Corporation of the City of Econ Dev Livonia, re: for the Madonna University Project, on property located at 36600 Planning Inspection Schoolcraft Road and 14221 Levan Road, pursuant to the requirements of Section 10 Eng and 17 of Act 338, Public Acts of Michigan of 1974, to refund all of the outstanding 2007 Assessor th SYNOPSIS OF THE MINUTES OF THE 1,645 REGULAR MEETING 7 LIVONIA CITY COUNCIL – November 18, 2009 Refunding Bonds and pay certain costs related, in the aggregate principal amount not to exceed $25,000.00. #469-09 Resolution by Pastor and Laura, unanimously adopted, suspending the MAD FAT rules for procedure as outlined in Council Resolution 574-82 in order to permit consideration of items that do not appear on the Agenda. #470-09 Resolution by Meakin and Pastor, unanimously adopted, recognizing MAD FAT FACE to FACE Foundation as non-profit organization operating in the community; Ord Enf enabling them to obtain a Charitable Gaming License or registration in accordance with Police provisions of the State of Michigan and allow them to hold Texas Hold-em Tournaments at a local banquet hall set for November 30, 2009 through December 3, 2009, December 7, 2009 through December 10, 2009, December 14, 2009 through December 17, 2009 and December 21, 2009 through December 24, 2009 to raise funds for the Foundation. AUDIENCE COMMUNICATION: John Grzebik, 11301 Hubbell, thanked Mayor Jack Kirksey and Council for the resolution that was passed for the schools. He congratulated everyone for working together with the Board of Education. He announced the Franklin Craft Show is Saturday, November 21, from 10:00 a.m. until 4:00 p.m. th By Pastor and Robinson, unanimously adopted, adjourning this 1,645 Regular Meeting of the Council of the City of Livonia at 9:15 p.m. on November 18, 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.