HomeMy WebLinkAboutCOUNCIL MINUTES 2012-05-23 38285
MINUTES OF THE ONE THOUSAND SEVEN HUNDRED AND FIFTH
REGULAR MEETING OF MAY 23, 2012
On May 23, 2012, the above meeting was held at the City Hall, 33000
Civic Center Drive, Livonia, Michigan, and was called to order by the 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, John Pastor,
Thomas Robinson, Maureen Miller Brosnan, Brandon Kritzman, James McCann, and
Laura Toy Absent: None
Elected and appointed officials present: Todd Zilincik, City Engineer;
Mark Taormina, City Planner; Judy Priebe, Technical Specialist; Don Knapp, City
Attorney; Terry Marecki, City Clerk; and Mayor Jack Kirksey
On a motion by Robinson, seconded by Brosnan, and unanimously
adopted, it was
#202-12 RESOLVED, that the Minutes of the 1,704th Regular
Meeting of the Council held May 9, 2012, are hereby approved as
submitted
Michael Lane, Troop #271, addressed Council to indicate he is working
on obtaining his Boy Scout merit badge for Government and introduced himself to the
Council and Mayor Kirksey as a scout and student at St. Robert Bellarmine School
Robinson announced Seedlings Braille Books recently hosted its annual
Open House and has an opportunity to win $25,000 from Art Van furniture as a great
local charity Robinson encouraged Council and residents to vote in favor of
Seedlings winning the charity event and stated residents can vote for Seedlings at
www.artvancharitvchallenge.com through Thursday, May 31st
President Toy announced the Tail Waggers organization has opened its
new location at Five Mile and Harrison and is in need of food donations to support
local families President Toy indicated Tail Waggers provides food and services to
local residents in Livonia and surrounding communities to care for pets and
encouraged anyone who is able to donate food to this worthy organization
Regular Meeting Minutes of May 23, 2012 38286
Kritzman extended congratulation wishes to the owner of the Livonia
UPS Store located at Five Mile and Newburgh, Eric Ladwig, for running its second
annual food drive for the Angels Place Food Pantry Kritzman indicated the event took
place last weekend and raised over 2,000 pounds of food for the Angels Place Food
Pantry which is located on Eight Mile Road and provides food for disabled adults
within the Livonia community
Mayor Kirksey addressed Council to share some recent community
events which he indicated included the Polish Veterans Group holding its annual
Poppy Sales event at the Busch's Market located at Six Mile and Newburgh last
Friday Mayor Kirksey also indicated the American Cancer Society hosted its annual
Relay for Life event at Bentley Field this past weekend and was a huge success
Mayor Kirksey indicated a 5K race was hosted at the Northville High School on
Sunday to raise money for Parkinson's research and on Monday, May 21st, Police
Chief Curtis Caid held a second meeting about the concerns raised by the recent
spread of the K2 drug and other synthetic drugs in local communities
Mayor Kirksey announced the annual Memorial Day Celebration will take
place at Veterans Memorial Park on Saturday, May 26, 2012, starting at 9-00 a m
Further, Mayor Kirksey indicated Aristeo Construction hosted its 35 year anniversary
earlier in the week and Orchard, Hiltz & McCliment also celebrated its 50th anniversary
this week and the City of Livonia was its first client. Mayor Kirksey indicated that a
local landmark bakery, Awrey Bakery, is in grave financial difficulty and facing
bankruptcy which the City was made aware of back in 2010 Mayor Kirksey stated the
bakery employs approximately 250 employees and is trying to work out an agreement
with its employees to avoid having to close its doors Mayor Kirksey concluded by
wishing everyone a Happy Memorial Day weekend and encouraged residents to
attend the Memorial Day Celebration on Saturday, May 26th
President Toy announced the following Public Hearings to be held on
Monday, June 11, 2012, at 7 00 pm in the Auditorium of the Livonia City Hall, 33000
Civic Center Drive, Livonia, Michigan
Richard A. Barr, Honigman Miller Schwartz and Cohn, LLP, on behalf of
Infineon Technologies North America Corporation, is requesting
approval of an Industrial Facilities Exemption Certificate for a new facility
being constructed at 19401 Victor Parkway, Livonia, MI 48152
(Industrial Development District #114), and
Richard A. Barr, Honigman Miller Schwartz and Cohn, LLP, on behalf of
Infineon Technologies North America Corporation, is requesting
approval to transfer an Industrial Facilities Exemption Certificate from
19111 Victor Parkway, Livonia, MI 48152 to 19401 Victor Parkway,
Livonia, MI 48152 (Industrial Development District#114)
During Audience Communication, Joe Neussendorfer, 11316 Merriman
Road, a member of American Legion Post 32 and DAV #132, addressed Council to
commend Mayor Kirksey and the Council for hosting the annual Memorial Day
Regular Meeting Minutes of May 23, 2012 38287
Celebration at Veterans Memorial Park on Saturday, May 26th, to honor those who
have served our country Mr Neussendorfer expressed concern for local veterans
having trouble getting jobs and urged local businesses to hire veterans who have
returned from active duty Mr Neussendorfer indicated the Veterans Small Business
Expo will be coming to the Detroit area on June 25th through June 29th and will bring in
an estimated 6,000 veterans, small business owners, and federal employees at the
Cobo Center and will include on-site hiring opportunities and interviews for veterans
Mr Neussendorfer also indicated there is a very worthy program called
"Helmets to Hardhats" which puts veterans in touch with construction leaders for
possible careers in the construction industry Mr Neussendorfer concluded by stating
he had researched the City's world famous civil engineer, Alfred Noble, who had a
military record and served in the Civil War and indicated Mr Noble's grandfather was
a soldier in the War of 1812 and his great grandfather was a soldier in the American
Revolutionary War Mr Neussendorfer stated Mr Noble's advice to those who serve
in the military was to have the ability to withstand hunger, fatigue, hard marching, but
indicated to be a good runner was often a good attribute
Maggie Watson, Planning and Programs Manger at The Senior Alliance,
3850 Second Street, Suite 201, Wayne, addressed Council to provide a general
update on how many Livonia residents were served by their organization and to
provide insight as to the varied services their organization has to offer seniors Ms
Watson indicated The Senior Alliance now has a monthly magazine that goes out
each month to the Livonia Senior Center to provide information about their services
and important contact phone numbers Ms Watson indicated June 20th will be the
"Older Michiganian Day" hosted at the Capital in Lansing and The Senior Alliance will
provide a bus for interested seniors to attend leaving from the Wayne Senior Center at
7 00 a m that day with breakfast provided Ms Watson concluded by stating The
Senior Alliance entered into a partnership with St. Mary's Mercy Hospital pilot program
last year to decrease the number of senior hospital re-admissions and stated the
program's goal is to reduce re-admissions by 20% in the coming year
A communication from the Department of Finance, dated April 20, 2012,
re forwarding various financial statements of the City of Livonia for the month ending
March 31, 2012, was received and placed on file for the information of the Council.
A communication from Christopher Hayes, Director, Livho, Inc , dated
May 21, 2012, re Letter of Understanding in connection with its request for a Dance-
Entertainment Permit for the business located at 17123 Laurel Park, was received and
placed on file for the information of the Council
Regular Meeting Minutes of May 23, 2012 38288
A communication from the Planning Department, submitted on behalf of
the Plymouth Road Development Authority (PRDA), dated May 18, 2012, re
consensus of the Board members in support of the proposed improvements in
connection with the waiver use petition submitted by ADI Management, L.L.0 , for the
business located at 34110 Plymouth Road, was received and placed on file for the
information of the Council. (Petition 2012-04-02-09)
On a motion by Pastor, seconded by Brosnan, it was
#203-12 RESOLVED, that having considered a letter from the
Michigan Liquor Control Commission, dated November 3, 2011, and a
report and recommendation of the Chief of Police, dated April 16, 2012,
in connection therewith, the Council does hereby recommend approval
of the request from Livho, Inc (a Delaware Corporation) to transfer all
stock in a 2011 B-hotel licensed business with Dance-Entertainment
Permit, Specific Purpose Permit (Food), (4) bars and 226 rooms, for a
business located at 17123 Laurel Park, Livonia, Michigan 48152, Wayne
County; and the City Clerk is hereby requested to forward a certified
copy of this resolution to the Michigan Liquor Control Commission
#204-12 RESOLVED, that having considered a communication from
the Chairman of the Water and Sewer Board, dated May 7, 2012, which
bears the signature of the Director of Finance and is approved for
submission by the Mayor, and which sets forth Water and Sewer Board
resolution WS 4399 05/12, wherein the Board concurs in the
recommendation made by the Superintendent of Public Service -
Environment and Utilities, dated May 7, 2012, the Council does hereby
authorize payment in the amount of $51,328 0 to D'Angelo Brothers Inc.,
25543 Ranchwood, Farmington Hills, Michigan 48335, for materials
necessary to perform the emergency repair of a 30-inch water main
located on Farmington Road south of 1-96, FURTHER, the Council does
hereby appropriate and authorize an expenditure in an amount not to
exceed $51,328 00 from Account No 592-158-000 (Construction in
Progress) for this purpose, FURTHER, the Council does hereby
authorize such action without competitive bidding for the reasons
indicated in the aforesaid communication, and such action is taken in
accordance with Section 3 04 140 D 1 of the Livonia Code of
Ordinances, as amended
#205-12 WHEREAS, the ARC is the recipient of, and is responsible
for the administration of, a federal grant referred to as the "Restoring
Community Trees in an Urban Watershed Grant" ("Grant")
Regular Meeting Minutes of May 23, 2012 38289
WHEREAS, the Department of Agriculture (USDA) — US Forest Service
(USFS) has established certain Grant conditions and regulations that
require the ARC to comply with contract administration provisions
described within OMB Circular A-110 as implemented by regulations
7CFR 3019, 2CFR 230, and OMB Circular A-133 as implemented by
USDA regulation 7CFR 3052
WHEREAS, the USFS will supervise the Grant and Grant conditions in
order that the Grant be used in accordance with the requirements of the
law
WHEREAS, the parties have agreed to follow certain administrative
procedures and cooperate on the various tasks to be undertaken in
order for the ARC to comply with the Grant's requirements and
objectives
WHEREAS, the project funded by this grant supports the Great Lakes
Restoration Initiative, Program Area 2 Emerald Ash Borer (EAB) Forest
Habitat Restoration
WHEREAS, the ARC will receive funds to procure approximately 2000
new trees throughout the watershed to replace those destroyed by the
Emerald Ash Borer
WHEREAS, the ARC and the City of Livonia have agreed to cooperate
in the planning, execution and funding of this project.
NOW, THEREFORE, BE IT RESOLVED that the City Council of Livonia
does hereby approve the Restoring Community Trees Grant Agreement
between the Alliance of Rouge Communities and the City of Livonia in
the manner and form therein submitted, and the Mayor and City Clerk
are hereby authorized, for and on behalf of the City of Livonia, to
execute said agreement, subject to the approval as to form by the
Department of Law, and to do all other things necessary or incidental to
the full performance of this resolution
#206-12 RESOLVED, that having considered the report and
recommendation of the Superintendent of Public Service - Operations,
the Director of Public Works and the Superintendent of Parks and
Recreation, dated May 1, 2012, 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 Temperature Services, Inc , 37107
Schoolcraft, Livonia, Michigan 48150, for completing all work required in
connection with the Livonia Community Recreation Center HVAC
maintenance service contract for a period of three years in an amount
not to exceed $185,303 00 ($60,248 00 for year 1, $61,755 00 for year 2
and $63,300 00 for year 3), the same having been the lowest bid
received and meets all specifications, FURTHER, such amount is hereby
Regular Meeting Minutes of May 23, 2012 38290
authorized to be expended from funds already budgeted in Account No
208-755-818-020 for this purpose, and the Mayor and City Clerk are
hereby authorized, for and on behalf of the City of Livonia, to execute a
contract with the aforesaid company and to do all other things necessary
or incidental to the full performance of this resolution
#207-12 RESOLVED, that having considered the report and
recommendation of the City Engineer, dated April 27, 2012, 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 Carr's Outdoor Services, Inc.,
48910 Ford Road, Canton, Michigan 48170, for completing all work
required in connection with the 2012 Pavement Crack and Joint Sealing
Program (Contract 12-D) for the estimated total cost of $87,350 00,
FURTHER, the Council does hereby authorize an expenditure in the
amount of $71,326 00 from funds already budgeted in Account No 203-
463-818-117 (Local Roads) and in the amount of $16,024 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
A communication from the Engineering Division, dated May 14, 2012, re
providing Water & Sewer Board Resolution #4389 recommending to accept the bid of
Lawrence M Clark, Inc for the 2012 Water Main Improvement Project (Contract 12-
M), was received and placed on file for the information of the Council
#208-12 RESOLVED, that having considered the report and
recommendation of the City Engineer, dated May 7, 2012, 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, and a
subsequent communication from the City Engineer, dated May 14, 2012,
approved for submission by the Mayor, which transmits WS Resolution
No 4389 adopted by the Water and Sewer Board on May 12, 2012, the
Council does hereby accept the unit price bid of Lawrence M Clark, Inc ,
50850 Bemis Road, Belleville, Michigan 48111, for completing work
required in connection with the 2012 Water Main Improvement Project
(Contract 12-M) for the estimated total cost of $297,740 00 based upon
Regular Meeting Minutes of May 23, 2012 38291
the Engineering Department'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 and meet all specifications,
FURTHER, the Council does hereby authorize the expenditure of a sum
not to exceed $250,000 00 from funds already budgeted in Account No
592-158-000 (Construction in Progress) and a sum not to exceed
$44,740 00 from funds already budgeted in Account No 592-138-010
(Unexpended Fund Balance of the Water & Sewer Fund) for this
purpose, FURTHER, the Council does authorize payment in the amount
of $3,500 00 to Northwest Consultants, Inc , 6215 Canton Center Road,
Suite 301, Canton, Michigan 48187, for construction staking, FURTHER,
the Council does hereby authorize an expenditure in an amount not to
exceed $3,500 00 from Account No 101-441-818-005 (Professional
Services) for this purpose, 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
#209-12 RESOLVED, that having considered a communication from
the City Planning Commission, dated April 26, 2012, which transmits its
resolution 04-36-2012, adopted on April 24, 2012, with regard to Petition
2012-03-02-06, submitted by A to Z Wings, L.L C requesting waiver use
approval to operate a full service restaurant (Wing Stop) within the
Millennium Park retail center, located on the south side of Schoolcraft
Road between Middlebelt Road and Inkster Road (28517 Schoolcraft
Road), in the Northwest 1/4 of Section 25, which property is zoned C-2,
the Council does hereby concur in the recommendation made by the
City Planning Commission and Petition 2012-03-02-06 is hereby
approved and granted, subject to the following conditions
1 That the maximum customer seating count shall not exceed
seventy (70) seats,
2 That this restaurant shall provide internal disposal of grease
waste in accordance with Section 13.20 380 of the City Code of
Ordinances,
3 That only conforming signage is approved with this petition, and
any additional signage shall be separately submitted for review
and approval by the Zoning Board of Appeals, and
4 That no LED lightband or exposed neon shall be permitted on the
site including, but not limited to, the building or around the
windows
Regular Meeting Minutes of May 23, 2012 38292
#210-12 RESOLVED, that having considered a communication from
the City Planning Commission, dated April 30, 2012, which transmits its
resolution 04-37-2012, adopted on April 24, 2012, with regard to Petition
2012-03-02-07, submitted by Agustin Ochoa requesting waiver use
approval to construct an outdoor dining patio and add seats in
connection with an existing full service restaurant (Las Palapas) within
the Fountain Park Plaza retail center, located on the north side of
Plymouth Road between Farmington Road and Mayfield Avenue (33308
Plymouth Road), in the Southwest 1/4 of Section 27, which property is
zoned C-2, the Council does hereby concur in the recommendation
made by the City Planning Commission and Petition 2012-03-02-07 is
hereby approved and granted, subject to the following conditions
1 That the Patio Approval Plan marked Drawing No AO 1 1 dated
June 24, 2011, as revised, prepared by Serra-Marko &
Associates, is hereby approved and shall be adhered to,
2 That the maximum number of customer seats shall not exceed a
total of one hundred fourteen (114) seats, including ninety four
(94) interior seats and twenty (20) outdoor patio seats, and that
during the time the outdoor patio is open, there shall be eight (8)
fewer seats inside the restaurant;
3 That there shall be no outdoor speakers or sound equipment,
including televisions, allowed at any time,
4 That all light fixtures shall be aimed and shielded so as to
minimize stray light trespassing across property lines and glaring
into adjacent roadways,
5 That the fountain shall be refurbished and in working order;
6 That the Petitioner shall stop seating patrons in the outdoor patio
at 9 00 p m on weekdays and 10 00 p m on weekends, and that
the patio shall not remain open after 10 00 p m weekdays and
11 00 p m on weekends, and
7 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
#211-12 RESOLVED, that having considered a communication from
the City Planning Commission, dated May 9, 2012, which transmits its
resolution 05-43-2012, adopted on May 8, 2012, with regard to Petition
2012-04-02-09, submitted by ADI Management, L.L.0 requesting waiver
use approval to construct an outdoor dining patio and add seats in
connection with an existing full service restaurant (Tony's Kitchen, a/k/a
Dee Dee's) located on the north side of Plymouth Road between
Regular Meeting Minutes of May 23, 2012 38293
Farmington Road and Stark Road (34110 Plymouth Road), in the
Southeast 1/4 of Section 28, which property is zoned C-2, the Council
does hereby concur in the recommendation made by the City Planning
Commission and Petition 2012-04-02-09 is hereby approved and
granted, subject to the following conditions
1 That the Site and Patio Plan marked Sheet No P1 dated May 10,
2012, as revised, prepared by Tiseo Architects, Inc , is hereby
approved and shall be adhered to,
2 That the maximum number of customer seats shall not exceed a
total of one hundred eighty six (186), including one hundred thirty
eight (138) interior seats and forty eight (48) outdoor patio seats,
3 That this approval is subject to the petitioner being granted a
variance from the Zoning Board of Appeals for deficient parking
and any conditions related thereto,
4 That the sound levels of any outdoor speakers or sound
equipment shall be kept to a reasonable minimum so as not to
become objectionable, and that the volume not stray beyond the
property lines,
5 That all light fixtures shall be aimed and shielded so as to
minimize stray light trespassing across property lines and glaring
into adjacent roadways or adjoining property;
6 That the existing monument sign may be relocated to a point no
closer than six (6) feet to the right-of-way line of Plymouth Road,
subject to the approval of the Zoning Board of Appeals for
deficient setback (10 feet is required),
7 That the issues as outlined in the correspondence from the
Assistant Director of Inspection, dated May 8, 2012, shall be
resolved to the satisfaction of the Inspection Department; and
8 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
A communication from Katie Olex, Executive Director, Save Our Youth
Task Force, dated May 14, 2012, re Final Report of the Livonia Student Summit dated
February 7, 2012, was received and placed on file for the information of the Council
#212-12 WHEREAS, synthetic drugs are a growing problem in our
community and across the country; and
Regular Meeting Minutes of May 23, 2012 38294
WHEREAS, these drugs are synthetic substances designed to mimic the
effects of illegal drugs, and
WHEREAS, there is an increasing awareness of the dangers of such
substances such as synthetic cannabis which is a blend of dried material
sprayed with psychoactive chemicals, often marketed as "incense" or
"potpourri" and synthetic stimulants which consist of a crystalline powder
marketed as "bath salts" that are laced with strong stimulants, and
WHEREAS, there have been reported cases of suicide due to
hallucination after using synthetic drugs and the reported harmful effects
also include paranoia, panic attacks, delusions, nausea, vomiting,
dizziness, nose bleeding, seizures, chest pain, trouble breathing and
heart attacks, and
WHEREAS, synthetic drugs are unfortunately easily available for
purchase in gas stations, convenience stores, as well as on the Internet;
and
WHEREAS, the City of Livonia supports all efforts at the state and
federal level to ban these substances in order to protect the health,
safety and welfare of the public and supports legislation such as
Michigan Senate Bill 789, Senate Bill 1082, and House Bill 5338 which is
designed to address this problem,
NOW, THEREFORE, BE IT RESOLVED THAT the City Council of the
City of Livonia hereby takes this means to urge our state and federal
legislators to take the expeditious and necessary measures to introduce
and support legislation which is aimed at eliminating the sale and use of
synthetic drugs
FURTHER, the Council hereby requests that copies of this Resolution be
sent to Senator Carl Levin, U S Senator Debbie Stabenow,
Congressman Thaddeus McCotter, Governor Rick Snyder, Michigan
Senate Majority Leader Randy Richardville, State Senator Glenn
Anderson, Michigan House Speaker Jase Bolger, Michigan House
Speaker Pro Tempore John Walsh, and the Michigan Municipal League
#213-12 RESOLVED, that having considered the report and
recommendation of the Department of Law, dated May 8, 2012,
approved for submission by the Mayor, to which is attached a proposed
Lease Agreement between the City of Livonia and the Livonia Save Our
Youth Task Force for 360 square feet of space in the City Hall Annex's
east wing for property located at 33000 Civic Center Drive, Livonia,
Michigan 48154, for the period beginning June 1, 2012, through May 31,
2015, the Council does hereby approve of the aforesaid Lease
Agreement and authorizes the Mayor and City Clerk, for and on behalf of
the City of Livonia, to execute the attached Lease Agreement, as well as
Regular Meeting Minutes of May 23, 2012 38295
to do all other things necessary or incidental to the full performance of
this resolution
A roll call vote was taken on the foregoing resolutions with the following result:
AYES Laura, Pastor, Robinson, Brosnan, Kritzman, McCann, and
Toy
NAYS None
A summarized Audit Presentation distributed by Plante & Moran, dated
April 23, 2012, re City of Livonia annual audits, was received and placed on file for
the information of the Council (CR 367-02)
A communication from the Finance Department, dated April 13, 2012, re
containing the Audit Reports for the City of Livonia for the Fiscal Year ending
November 30, 2011, as prepared by Plante & Moran, was received and placed on file
for the information of the Council (CR 367-02)
On a motion by Robinson, seconded by Laura, and unanimously
adopted, it was
#214-12 RESOLVED, that having considered the report and
recommendation of the Finance, Budget and Technology Committee,
dated April 23, 2012, submitted pursuant to Council Resolution 367-02,
regarding the topic of the Annual Audit Reports, and that having further
considered a communication from the Director of Finance, dated April
13, 2012, approved for submission by the Mayor, which sets forth a
proposed Grant Funds Deficit Elimination Plan, as required by the
Michigan Department of Treasury, the Council does hereby approve the
aforementioned plan wherein a grant reimbursement in the amount of
$215,711 00 was received which eliminated the deficit; and the Finance
Director is hereby requested to do all things necessary or incidental to
the full performance of this resolution
On a motion by Robinson, seconded by Brosnan, and unanimously
adopted, it was
#215-12 RESOLVED, that having considered the report and
recommendation of the Finance, Budget and Technology Committee,
dated April 23, 2012, submitted pursuant to Council Resolution 367-02,
Regular Meeting Minutes of May 23, 2012 38296
regarding the topic of the Annual Audit Reports, and that having further
considered a communication from the Director of Finance, dated April
13, 2012, approved for submission by the Mayor, regarding the
assignment of fund balance, the Council does hereby authorize the
Director of Finance to assign fund balance based upon intent to spend
fund resources for a specific purpose, FURTHER, for fiscal year 2011,
the Council does hereby authorize that one year's worth of PRDA debt
service in the amount of $577,800 00 be classified as assigned fund
balance in the General Fund, and the Finance Director is hereby
requested to do all things necessary or incidental to the full performance
of this resolution
Robinson indicated the subject matter of Annual Audit Reports would
remain in the Finance, Budget and Technology Committee at this time (CR 367-02)
A communication received from Brandon Kritzman, received at the
Economic Development, Community Outreach and Strategic Planning Committee
meeting of May 2, 2012, re the subject of creating a "Downtown Livonia" area entitled
"Livonia tomorrow", was received and placed on file for the information of the
Council (CR 35-12)
An e-mail communication from Maureen Miller Brosnan, dated May 3,
2012, re in regard to the Livonia Visioning Process, notes from trip to Ohio and
request for qualification considerations as it pertains to the subject of creating a
"Downtown Livonia" area, was received and placed on file for the information of the
Council (CR 35-12)
On a motion by Laura, seconded by McCann, and unanimously adopted,
it was
#216-12 RESOLVED, that having considered the report and
recommendation of the Economic Development, Community Outreach
and Strategic Planning Committee, dated May 2, 2012, submitted
pursuant to Council Resolution 35-12, regarding the subject of creating a
"Downtown Livonia" area, the Council does hereby amend and revise
Council Resolution 35-12 so as to read as follows
RESOLVED, that at the request of Councilmember Joe Laura and
further discussion by the Council, the Council does hereby refer
Regular Meeting Minutes of May 23, 2012 38297
the subject matter of creating a "Livonia Tomorrow" to the
Economic Development, Community Outreach and Strategic
Planning Committee for its report and recommendation
On a motion by Laura, seconded by Brosnan, and unanimously adopted,
it was
#217-12 RESOLVED, that having considered the report and
recommendation of the Economic Development, Community Outreach
and Strategic Planning Committee, dated May 2, 2012, submitted
pursuant to Council Resolution 35-12, regarding the subject of creating a
"Livonia Tomorrow", the Council does hereby refer the subject of drafting
a request for qualifications for vendors to guide and direct a visioning
process for the City to the Administration, with such information to be
submitted to Council within 30 days (June 25th) if at all possible
A communication from the Engineering Division, dated April 30, 2012, re
an update on the State Revolving Fund (SRF) Project Plan & Sanitary Sewer
Evaluation Survey (SSES), was received and placed on file for the information of the
Council (CR 51-11)
A communication from Orchard, Hiltz & McCliment, Inc , dated May 7,
2012, re Draft SRF Project Plan as prepared for the City of Livonia, was received and
placed on file for the information of the Council (CR 51-11)
A communication from Orchard, Hiltz & McCliment, Inc., dated May 7,
2012, re presentation materials entitled "Sanitary Sewer Improvements — SRF Project
Plan", was received and placed on file for the information of the Council (CR 51-11)
Brosnan provided a verbal update on the subject of the FY 2012 State
Revolving Fund (SRF) Project Plan and Sanitary Sewer Master Plan and indicated the
subject matter would remain in the Infrastructure and Community Transit Committee at
this time (CR 51-11)
A communication from the Department of Law, dated May 21, 2012, re
conditional rezoning statement of conditions for rezoning petition as submitted by
Regular Meeting Minutes of May 23, 2012 38298
Menard, Inc for property located at 12701 Middlebelt Road, was received and placed
on file for the information of the Council (Petition 2012-01-01-01)
Pastor took from the table for second reading and adoption, the following
Ordinance
AN ORDINANCE AMENDING SECTION 26 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 ADDITION SECTION 3
THERETO (Petition 2012-01-01-01)
A roll call vote was taken on the foregoing Ordinance with the following result:
AYES Laura, Pastor, Robinson, Brosnan, Kritzman, McCann, and
Toy
NAYS None
The President declared the foregoing Ordinance duly adopted, and would become
effective on publication
On a motion by Pastor, seconded by McCann, and unanimously
adopted, it was
#218-12 RESOLVED, that having considered a communication from
the City Planning Commission, dated May 11, 2012, which transmits its
resolution 05-47-2012, adopted on May 8, 2012, with regard to Petition
2012-04-02-11, submitted by Menard, Inc requesting waiver use
approval to construct a new home improvement store on the west side of
Middlebelt Road between the CSX Railroad right-of-way and Schoolcraft
Road (12701 Middlebelt Road) in the Northeast % of Section 26, which
property is zoned C-2, the Council does hereby concur in the
recommendation made by the City Planning Commission and Petition
2012-04-02-11 is hereby approved and granted, subject to the following
conditions
1 That the Site & Landscape Plan marked CT2 dated May 7, 2012,
prepared by Menards, is hereby approved and shall be adhered
to subject to the following stipulations
- That additional landscaping and trees shall be installed
along Middlebelt Road at the front of the property adjacent
to the east entrance drive and along the side of the drive,
Regular Meeting Minutes of May 23, 2012 38299
- That all permanent lawn areas, except for the detention
pond and outlot area, shall be sodded in lieu of
hydroseeding,
That all permanent lawn and landscape areas shall be
irrigated,
- That the Petitioner shall work with Staff to substitute tree
species from the City's approved list of trees, and
That all planted materials shall be installed to the
satisfaction of the Inspection Department and thereafter
permanently maintained in a healthy condition
2 That the Landscape Plan marked CT5 dated May 7, 2012,
prepared by Menards, is hereby approved and shall be adhered
to,
3 That the Building Elevations Plan marked CT3 dated April 16,
2012, prepared by Menards, is hereby approved and shall be
adhered to,
4 That the primary building material on the front of the building shall
be tan split-face concrete blocks, as shown on the above
referenced Building Elevation Plan,
5 That all customer parking spaces shall be ten (10') feet in width
and double striped,
6 That the deficiency with respect to the number of required parking
spaces shall require a variance from the Zoning Board of Appeals,
7 That all pole mounted light fixtures shall be shielded to minimize
glare trespassing on adjacent properties and roadway and such
equipment shall not exceed 30 feet in height above grade,
8 That the petitioner shall secure the necessary stormwater permits
from Wayne County, the City of Livonia, and/or the State of
Michigan,
9 That the prohibition of outdoor sales, storage or display of
merchandise shall be waived or modified by the City Council by
means of a separate resolution in which two-thirds of the
members of the City Council concur;
10 That wall signage and freestanding sign for this use shall be
limited to the signs portrayed on the above referenced Building
Elevation Plan and on the Sign Plan marked CT3 dated April 16,
Regular Meeting Minutes of May 23, 2012 38300
2012, prepared by Menards, subject to variance(s) being granted
by the Zoning Board of Appeals for excess sign area and excess
number of wall signs on the east elevation Any additional
signage shall be separately submitted for review and approval by
the Planning Commission and City Council,
11 That the Petitioner shall install internal signage along the east
drive that directs northbound exiting traffic to use the light at
Industrial Road and signage to discourage left turns onto
Middlebelt Road from the east drive,
12 That no LED lightband or exposed neon shall be permitted on this
site including, but not limited to, the building or around the
windows, and
13 That the specific plans referenced in this approving resolution
shall be submitted to the Inspection Department at the time of
application for the building permits
On a motion by Pastor, seconded by Brosnan, it was
#219-12 RESOLVED, that the Council does hereby waive the
prohibition of outdoor sales, storage or display of merchandise in
connection with a retail sales building that contains a gross floor area of
30,000 square feet or more as set forth in Section 11 03(t)(1) of Zoning
Ordinance No 543, as amended, in connection with the approval of
waiver use Petition 2012-04-02-11, and the outdoor storage and display
of store merchandise at the home improvement store shall be permitted
A roll call vote was taken on the foregoing resolution with the following result:
AYES Laura, Pastor, Robinson, Brosnan, Kritzman, McCann, and
Toy
NAYS None
The President declared the resolution adopted
On a motion by McCann, seconded by Brosnan, and unanimously
adopted, it was
#220-12 RESOLVED, that having considered a communication from
the Department of Law, dated May 21, 2012, approved for submission
by the Mayor, to which is attached a proposed Conditional Rezoning
Statement of Conditions pertaining to Petition 2012-01-01-01, submitted
by Menard, Inc , the Council does hereby approve same and the Mayor
and City Clerk are hereby authorized, for and on behalf of the City of
Regular Meeting Minutes of May 23, 2012 38301
Livonia, to affix their signatures to such statement of conditions and to
do all other things necessary to the full performance of this resolution
On a motion by Robinson, seconded by Brosnan, and unanimously
adopted, it was
#221-12 RESOLVED, that having considered a communication from
the City Planning Commission, dated May 9, 2012, which transmits its
resolution 05-45-2012, adopted on May 8, 2012, with regard to Petition
2012-04-02-10, submitted by Anthony C lsa requesting waiver use
approval to utilize a Class C liquor license (sale of beer, wine and spirits
for consumption on the premises) in connection with an existing full
service restaurant (Tony's Kitchen, a/k/a Dee Dee's) located on the north
side of Plymouth Road between Farmington Road and Stark Road
(34110 Plymouth Road), in the Southeast 1/4 of Section 28, which
property is zoned C-2, the Council does hereby concur in the
recommendation made by the City Planning Commission and Petition
2012-04-02-10 is hereby approved and granted, subject to the following
conditions
1 That the use of a Class C license at this location shall be
permitted only under the circumstances that the Zoning
Ordinance standard set forth in Section 11 03(h)(1) requiring that
there be at least a 1,000 foot separation between Class C
licensed establishments is waived by the City Council,
2. That no alcoholic beverages shall be served after 11 00 p.m and
alcoholic beverages may be served up to 11 00 p m as long as
food is also served,
3 That the waiver use is limited to the property being used for Class
C liquor license purposes in connection with a service bar only;
4 The Petitioner shall not engage in any form of solicitation for
business within the public right-of-way of Plymouth Road,
5 That the petitioner shall enter into a conditional agreement limiting
this waiver use to this user only, with the provision to extend this
waiver use to a new user only upon the approval of the new user
by the City Council, and
6 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
Regular Meeting Minutes of May 23, 2012 38302
FURTHER, the Council does hereby waive the Zoning Ordinance
standard set forth in Section 11 03(h)(1) requiring that there be at least a
1,000 foot separation between Class C licensed establishments
On a motion by McCann, seconded by Pastor, and unanimously
adopted, it was
#222-12 WHEREAS, pursuant to Act No 198 of the Public Acts of
1974, as amended, this Council has the authority to establish industrial
development districts within the boundaries of the City of Livonia, and
WHEREAS, a proposal was made regarding the establishment of an
industrial development district encompassing land situated in the City of
Livonia, located in the Northwest 1/4 of Section 2, consisting of
approximately 77 acres, more particularly described in Exhibit A,
attached hereto and incorporated by reference herein, which area is
hereinafter referred to as "City of Livonia Industrial Development District
No 115", and
WHEREAS, written notice has been given by certified mail to all owners
of real property within the boundaries of City of Livonia Industrial
Development District No 115 regarding the Council's pending action on
this resolution and of their right to a hearing on the establishment of
proposed City of Livonia Industrial Development District No 115, and
WHEREAS, notice has been given to all interested owners, residents
and taxpayers in the Livonia area of a public hearing on the
establishment of the proposed City of Livonia Industrial Development
District No 115, and
WHEREAS, on Monday, May 14, 2012, a public hearing was held on the
establishment of proposed City of Livonia Industrial Development District
No 115, at which time all interested owners, residents and taxpayers of
the City of Livonia had an opportunity to be heard (a copy of the
statements both written and oral made at such hearing being on file with
this City Council),
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
LIVONIA, AS FOLLOWS
1 An Industrial Development District is hereby established, such
district to consist of the area described in Exhibit A, attached
hereto
2 Such Industrial Development District is hereby designated as the
"City of Livonia Industrial District No 115 "
Regular Meeting Minutes of May 23, 2012 38303
EXHIBIT A
The east 132 feet of the west 679 5 feet of the south 253 7 feet of
the north 313 7 feet of the Northwest % of Section 2, Town 1
South, Range 9 East, City of Livonia, Wayne County, Michigan
There was no Audience Communication at the end of the meeting
President Toy wished everyone a safe and Happy Memorial Day
weekend
On a motion by Brosnan, seconded by Laura, and unanimously adopted,
this 1705th Regular Meeting of the Council of the City of Livonia was adjourned at
8 54 p m
/-tkt-f-CL
Terry iMarecki, City Clerk