HomeMy WebLinkAboutCOUNCIL MINUTES 2011-06-08 37917
MINUTES OF THE ONE THOUSAND SIX HUNDRED EIGHTY SECOND
REGULAR MEETING OF JUNE 8, 2011
On June 8, 2011, 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 Schwartz led the meeting with the Pledge of
Allegiance
Roll was called with the following result: Conrad Schwartz, John
Pastor, Brian Meakin, Joe Laura, Laura Toy, Maureen Miller Brosnan, and James
McCann Absent: None
Elected and appointed officials present: Kevin Roney, Assistant City
Engineer; Karen Tesner, Director of Legislative Affairs, Mark Taormina, City Planner;
Don Knapp, City Attorney; Terry Marecki, City Clerk, former Councilmember Thomas
Robinson, and Mayor Jack Kirksey
On a motion by Meakin, seconded by Toy, and unanimously adopted,
it was
#171-11 RESOLVED, that the Minutes of the 1,681st Regular
Meeting of the Council held May 25, 2011, are hereby approved as
submitted
Schwartz wished a speedy recovery to his wife, Andrea, who he
indicated was recovering from knee surgery at St Mary's Hospital and also wished a
quick recovery to his wife's roommate, Leslie
Brosnan thanked representatives of the Police and Fire Departments
for their dedication and hard work and for hosting an Open House earlier in the week
to celebrate the 25th Anniversary of the Western Wayne County Special Operations
Team Consortium Brosnan stated Lt McGillivary and Fire Chief Whitehead are
instrumental for obtaining State and Federal grant funding to obtain useful
equipment for the Team and thanked all who participated for their efforts and
support of the Consortium Team
Regular Meeting Minutes of June 8, 2011 37918
Toy introduced State Representative Andrea LaFontaine from
Richmond, Michigan, and indicated Representative LaFontaine passed her first bill
in the House of Representatives earlier in the day in Lansing
Mayor Kirksey wished his wife, Patt Kirksey, a Happy Birthday and
indicated she will celebrate a monumental birthday on June 9th Mayor Kirksey
addressed Council to inform residents the City will host a second Town Hall meeting
for residents scheduled for Tuesday, June 14, 2011, at 7 00 pm in the Auditorium
at City Hall to address water concerns in residents' basements Further, Mayor
Kirksey stated residents only have 45 days to file the necessary paperwork and all
claims would be investigated by Risk Management. Mayor Kirksey concluded by
stating the League of Women Voters of Northwest Wayne County would host a
candidate forum on Thursday, June 9th, from 7 00 p m to 9 00 p m in the Auditorium
at City Hall for the 13 Council candidates to discuss issues and answer resident
questions
President McCann presented Mayor Kirksey with a Certificate of
Recognition in honor of his 20 years of service with the City of Livonia President
McCann stated Mayor Kirksey began his career as a Probation Officer, then served
30 plus years with the Livonia Public Schools, then became a Michigan State
Representative for the area President McCann indicated Mayor Kirksey has been
Mayor on two separate occasions and has served the Livonia community in various
capacities over the years President McCann thanked Mayor Kirksey for his
dedicated service to the City
Pastor reminded residents the Livonia SPREE will start on Tuesday,
June 21st and will conclude on Sunday, June 26th with the annual fireworks display
Pastor stated individuals can purchase pre-sale arm bands through the Livonia
Public Schools and the Livonia Parks & Recreation Department and encouraged
everyone to attend this annual festival
During Audience Communication, Christopher Martin, 12275 Inkster
Road, addressed Council to state the League of Women Voters would host a
candidate forum on Thursday, June 9th from 7 00 p m — 9 00 p m in the Auditorium
of City Hall and encouraged residents to attend the event.
At the direction of the Chair, Agenda Item #3 was removed from the
Consent portion of the Agenda
A communication from the Department of Finance, dated May 20,
2011, re forwarding various financial statements of the City of Livonia for the month
ending April 30, 2011, was received and placed on file for the information of the
Council
On a motion by Pastor, seconded by Toy, it was
Regular Meeting Minutes of June 8, 2011 37919
#172-11 RESOLVED, that having considered an application from
Ray Franges, 14430 Brentwood, dated May 13, 2011, requesting
permission to close Brentwood between Meadowlark and Jacquelyn on
Saturday, August 20, 2011, 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, August 21, 2011, in the event of inclement
weather, the action taken herein being made subject to the approval of
the Police Department.
#173-11 RESOLVED, that having considered a letter from Pastor
Scott Davis, Berean Bible Church, dated May 10, 2011, which requests
permission to waive Section 8 32 070 (Noise Control) of the Livonia
Code of Ordinances, as amended, to allow live music from
approximately 11 00 a m until 4 00 p m in connection with an outdoor
Open House event scheduled for Saturday, June 11, 2011, at their
church located at 35375 Ann Arbor Trail, the Council does hereby
determine to waive Section 8 32 070 (Noise Control) of the Livonia
Code of Ordinances between the hours of 11 00 a m and 4 00 p m in
connection with this event to be held on Saturday, June 11, 2011
#174-11 RESOLVED, that having considered a letter from the City
Clerk, dated May 23, 2011, in accordance with the provisions of
Section 30a of 1963 PA 65 (MCLA 168 30a), as amended, the Council
does hereby appoint R William Joyner, 18720 Blue Skies, Livonia,
Michigan 48152, as a Democratic member of the Board of Canvassers
of the City of Livonia, to fill the unexpired term of Larry Henney, ending
December 31, 2013, provided that Mr Joyner takes the Oath of Office
as required in Chapter X, Section 2 of the City Charter, to be
administered by the City Clerk, FURTHER, in the event of illness or
absence of this member, the City Clerk is hereby authorized to appoint
a temporary member to serve on the Board of Canvassers in
accordance with the provisions of Section 30g of 1963 PA 65 (MCLA
168 30g), as amended
#175-11 RESOLVED, that having considered a letter from the City
Clerk, dated May 23, 2011, in accordance with the provisions of
Section 30a of 1963 PA 65 (MCLA 168 30a), as amended, the Council
does hereby appoint Scott Bahr, 14416 Summerside, Livonia,
Michigan 48154, as a Republican member of the Board of Canvassers
of the City of Livonia, to fill the unexpired term of Donald Kolhoff,
ending December 31, 2013, provided that Mr Bahr takes the Oath of
Office as required in Chapter X, Section 2 of the City Charter, to be
administered by the City Clerk, FURTHER, in the event of illness or
absence of this member, the City Clerk is hereby authorized to appoint
a temporary member to serve on the Board of Canvassers in
accordance with the provisions of Section 30g of 1963 PA 65 (MCLA
168 30g), as amended
Regular Meeting Minutes of June 8, 2011 37920
#176-11 RESOLVED, that having considered the report and
recommendation of the Superintendent of Public Service - Operations,
Director of Public Works and Superintendent of Parks & Recreation,
dated May 11, 2011, 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 MAS Electrical Services, Inc , 32940
Capitol, Livonia, Michigan 48150, for completing all work required in
connection with electrical services and general electrical maintenance
at all City buildings and facilities for a two (2) year period in an amount
not to exceed $190,000 00, the same having been in fact the lowest
bid received and meets all specifications, FURTHER, the Council does
hereby authorize an expenditure in amount of $125,000 00 from
Account No 101-447-818-020 (Contractual Services Maintenance),
$10,000 00 from Account No 208-755-818-020 (Contractual Services
Maintenance), $10,000 00 from Account No 101-707-929-000 (Park
Lighting), and $45,000 00 from Account No 262-000-926-111 (S/L —
Plymouth Road) for this purpose
#177-11 RESOLVED, that having considered a letter from Glenn
Shaw, Jr , of Glenn Shaw, Jr & Associates, dated May 11, 2011, in
connection with Petition 2007-06-02-22 submitted by Shaw Energy,
L L C , wherein it is requested that Council Resolution 260-08 be
amended and Council Resolution 261-08 be rescinded to remove the
drive-thru window which was requested to be added to an existing
gasoline service station located on the south side of Five Mile Road,
between Levan Road and Golfview Drive (36375 Five Mile Road), in
the Northeast % of Section 20, the Council does hereby amend and
revise Council Resolution 260-08 so as to read as follows
RESOLVED, that having considered the report and
recommendation of the Committee of the Whole, dated
February 11, 2008, submitted pursuant to Council Resolution
472-07, and having considered a communication from the City
Planning Commission, dated July 23, 2007, which sets forth its
resolution 07-76-2007 adopted on July 10, 2007, with regard to
Petition 2007-06-02-22 submitted by Shaw Energy, L.L.0
requesting waiver use approval to add a drive-thru coffee shop
(Bear Claw Coffee) to an existing gasoline service station,
located on the south side of Five Mile Road, between Levan
Road and Golfview Drive (36375 Five Mile Road), in the
Northeast 1/4 of Section 20, which property is zoned C-2, and the
Council having conducted a public hearing with regard to this
matter on August 20, 2007, the Council does hereby reject the
recommendation of the City Planning Commission and Petition
2007-06-02-22 is hereby approved and granted, subject to the
following conditions
Regular Meeting Minutes of June 8, 2011 37921
1 That the Site Plan marked Sheet Al prepared by The
Foresta Group, P C , dated May 7, 2008, as revised, is
hereby approved and shall be adhered to,
4 2 That the landscaping shown on the above-referenced
Site Plan is hereby approved and shall be completed in
accordance with said plan, subject to the following
stipulations
• That all planted materials shall be installed to the
satisfaction of the Inspection Department and
thereafter permanently maintained in a healthy
condition,
• That all disturbed lawn areas shall be sodded in
lieu of hydroseeding,
• That all landscaped and sodded areas shall be
provided with an automatic underground irrigation
system,
3 That the Building Elevations Plan marked Sheet A2
prepared by The Foresta Group, P C , dated May 7,
2008, is hereby approved and shall be adhered to,
except that full-face, four (4) inch brick shall be added to
all four (4) sides of the building and cooler, and that the
brick shall extend from the finish grade of the building to
the bottom of the new fascia panels,
4 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,
5 That the following maintenance items listed in the
correspondence dated June 18, 2007, from the
Inspection Department shall be rectified to that
department's satisfaction
• That the gates in the dumpster shall be replaced
with proper steel gates,
• That the existing concrete and asphalt pavement
shall be repaired as needed,
6 That all parking spaces shall be double striped, including
the provision of barrier free parking properly sized (8 foot
wide with adjacent 8 foot wide access aisle), signed and
Regular Meeting Minutes of June 8, 2011 37922
marked, and all regular spaces shall be 10 feet in width
as required,
7 That free air shall be provided at all times this station is
open for business, the free air shall be dispensed at the
point of service without having to enter the station or the
performance of any extra action in order to obtain the air
without charge,
8 That this approval shall be subject to the petitioner
obtaining a variance from the Zoning Board of Appeals
for adding to a nonconforming building resulting in a
greater deficiency with respect to front yard setback,
9 That a complete signage package for this site shall be
separately submitted for review and approval by the
Planning Commission and City Council,
10 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
11 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
#178-11 RESOLVED, that having considered a letter from Glenn
Shaw, Jr , of Glenn Shaw, Jr & Associates, dated May 11, 2011, in
connection with Petition 2007-06-02-22 submitted by Shaw Energy,
L LC , wherein it is requested that Council Resolution 260-08 be
amended and Council Resolution 261-08 be rescinded to remove the
drive-thru window which was requested to be added to an existing
gasoline service station located on the south side of Five Mile Road,
between Levan Road and Golfview Drive (36375 Five Mile Road), in
the Northeast 1/4 of Section 20, the Council does hereby repeal and
rescind Council Resolution 261-08
A roll call vote was taken on the foregoing resolutions with the following result:
AYES Schwartz, Pastor, Meakin, Laura, Toy, Brosnan, and
McCann
NAYS None
Regular Meeting Minutes of June 8, 2011 37923
A communication from the Engineering Division, dated June 7, 2011,
re clarification of "Bell Creek" street name change, was received and placed on file
for the information of the Council
On a motion by Brosnan, seconded by Toy, and unanimously adopted,
it was
#179-11 RESOLVED, that having considered a communication
from Lyn Bankes, dated May 7, 2011, requesting that either Bell Creek
Lane or Bell Creek be renamed to avoid further confusion for residents
residing on Bell Creek Lane and Bell Creek, some of which have the
same numerical address, the Council does hereby refer the subject of
street sign removal to the Administration for its report and
recommendation and does hereby determine to take no further action
regarding this matter
On a motion by Brosnan, seconded by Toy, and unanimously adopted,
it was
#180-11 RESOLVED, that having considered a communication
from Lyn Bankes, dated May 7, 2011, requesting that either Bell Creek
Lane or Bell Creek be renamed to avoid further confusion for residents
residing on Bell Creek Lane and Bell Creek, some of which have the
same numerical address, the Council does hereby determine to take
no further action regarding this matter
Brosnan gave first reading to the following Ordinance
AN ORDINANCE AMENDING SECTION 040 OF TITLE 13, CHAPTER
08 (WATER SERVICE RATES AND REVENUES) 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
Brosnan gave first reading to the following Ordinance
Regular Meeting Minutes of June 8, 2011 37924
AN ORDINANCE AMENDING SECTION 120 OF TITLE 13, CHAPTER
20 (LIVONIA SEWAGE DISPOSAL SYSTEM) 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 gave first reading to the following Ordinance
AN ORDINANCE AMENDING SECTION 050 OF TITLE 13, CHAPTER
28 (INDUSTRIAL WASTE SURCHARGE) 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
On a motion by Brosnan, seconded by Laura, and unanimously
adopted, it was
#181-11 RESOLVED, that having considered a communication
from the City Treasurer dated June 2, 2011, regarding the replacement
of sidewalks in the City of Livonia on the following parcels in the
following amounts
Parcels of property and assessment, as outlined in
the Treasurer's letter, dated June 2, 2011, is included
herein by reference,
which work was done pursuant to Council Resolution 59-11 and in
accordance with the provisions of Section 12 04 340 of the Livonia
Code of Ordinances, Title 12, Chapter 4, and the City Treasurer having
thereafter sent a statement of charges by first class mail to the owners
of property to be assessed wherein notice of the meeting by the City
Council on this date was given and at least 30 days having expired
since the giving of such notice with such charges remaining unpaid,
the Council does hereby, pursuant to the provisions of Section
3 08 150 of the Livonia Code of Ordinances, Title 3, Chapter 8, adopt
Regular Meeting Minutes of June 8, 2011 37925
this resolution wherein a special assessment is placed upon such
property for said charges, FURTHER, the Council does hereby
authorize installment payments in the number of three (3) installments
at 6% interest where assessments exceed $400 and the property
owner has requested such installments, FURTHER, the Council does
hereby request that the City Treasurer shall give notice of the amounts
herein determined to the persons chargeable therewith, such notice to
be sent by first class mail to the last known address of such persons as
shown on the most current assessment roll of the City, and where
payments herein authorized are not made within the specified time this
fact shall be reported by the City Treasurer to the City Assessor who
shall charge such amount together with a penalty of 10% of such
amounts against the persons or real property chargeable therewith on
the next general tax roll, and the City Clerk and City Treasurer are
hereby requested to do all things necessary or incidental to the full
performance of this resolution
An e-mail communication from Deborah Law, dated June 6, 2011, re
opposing the waiver use petition as submitted by Midas Auto Services to display and
sell used vehicles on property located on the east side of Middlebelt Road (19708
Middlebelt Road), was received and placed on file for the information of the Council
(Petition 2011-04-02-04)
On a motion by Toy, seconded by Meakin, it was
#182-11 RESOLVED, that having considered a communication
from the City Planning Commission, dated May 13, 2011, which
transmits its resolution 05-22-2011, adopted on May 10, 2011, with
regard to Petition 2011-04-02-04, submitted by Midas Auto Service
requesting waiver use approval to display and sell used vehicles on
property located on the east side of Middlebelt Road, between Seven
Mile Road and Bretton Avenue (19708 Middlebelt Road), in the
Southwest 1/4 of Section 1, which property is zoned C-2, the Council
does hereby concur in the recommendation of the Planning
Commission and Petition 2011-04-02-04 is hereby approved and
granted, subject to the following conditions
1 That the Site Plan dated April 6, 2011, drawn by Frank L. Grisa,
is hereby approved and shall be adhered to,
2 That the number of vehicles to be displayed outdoors shall be
limited to three (3), shall be located within existing parking
spaces on the site, and shall not be displayed closer than forty
Regular Meeting Minutes of June 8, 2011 37926
feet (40') feet from the front lot line within existing spaces on the
plan,
3 That any type of exterior advertising related to the sale of the
vehicles designed to attract the attention of passing motorists,
such as promotional flags or streamers, shall be prohibited,
4 That the display of any vehicles on car lifts is strictly prohibited,
5 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,
6 That no LED lightband or exposed neon shall be permitted on
the site including, but not limited to, the building or around the
windows,
7 That the barrier free parking space be properly striped and
signed to the satisfaction of the Inspection Department;
8 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 Planning Commission and City Council, and
9 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 roll call vote was taken on the foregoing resolution with the following result:
AYES Pastor, Meakin, Laura, Toy, and Brosnan
NAYS Schwartz and McCann
The President declared the resolution adopted
Frank Grisa, 34175 Oakdale, was present to answer any questions of Council and
indicated this was a family-owned business which has been in Livonia since 1984
and thanked Council for their time and consideration (Petition 2011-04-02-04)
On a motion by Toy, seconded by Pastor, and unanimously adopted, it
was
#183-11 WHEREAS pursuant to P.A. 198 of 1974, as amended,
after a duly noticed public hearing, the City Council of the City of
Livonia, established Livonia Industrial Development Overlay District
Regular Meeting Minutes of June 8, 2011 37927
No 110, on December 19, 2006, for property at 35588 Veronica,
thereby creating an "eligible district" for purposes of Act 328 of 1998,
as amended (the "Act"), and
WHEREAS EMS Product Development, a Michigan corporation and an
eligible business under the Act, has filed an application for Exemption
of New Personal Property to be located in the referenced eligible
district; and
WHEREAS before acting upon said application the City Council of the
City of Livonia held a public hearing on the 1st day of June, 2011, at
7 00 p m in Livonia City Hall at 33000 Civic Center Drive, Livonia,
Michigan, at which the Applicant, City Assessor and a representative of
the effected taxing units were given written notice and were afforded
an opportunity to be heard on said Application,
NOW THEREFORE, BE IT RESOLVED that the City Council of the
City of Livonia hereby approves the application of EMS Product
Development for the Exemption of New Personal Property to be
installed in the referenced eligible district; and
BE IT FURTHER RESOLVED THAT if the owner or lessee of a facility
for which an Exemption of New Personal Property under the Act is in
effect relocates that facility outside of the eligible district during the
period in which the Exemption is in effect, the owner or lessee is liable
to the City from which it is leaving, upon relocating, for an amount to be
determined in accordance with a Letter of Agreement executed
between EMS Product Development and the City of Livonia If the City
determines that it is in its best interest, the City may forgive the liability
of the owner or lessee under the terms of the Letter of Agreement.
The payment provided for in the Letter of Agreement shall be
distributed in the same manner as property taxes are distributed
BE IT FURTHER RESOLVED THAT the New Personal Property
Exemption when issued shall be, and remain in force and effect for a
period of 7 years, beginning on or about January 1, 2012, and ending
December 31, 2018
BE IT FURTHER RESOLVED THAT EMS Product Development shall
file with the City Assessor two (2) personal property statements each
year one statement for Exempt New Personal Property and one
statement for all other personal property; and
BE IT FURTHER RESOLVED THAT the Application submitted by EMS
Product Development is for an Exemption of New Personal Property
that will be located in the following described parcel of real estate
situated within the City of Livonia, in Industrial Development Overlay
District No 110, established on December 19, 2006
Regular Meeting Minutes of June 8, 2011 37928
A parcel located in the N E. '14 of Section 29, T1 S, R9E, City of
Livonia, Wayne County, Michigan, described as commencing at
the N E corner of Section 29, thence proceeding along the
north line of said Section 29, S 88° 08' 21" W 579 ft, thence S
02° 00' 16" E 2,016 03 ft, thence S 87° 28' 53" W 135 ft, to the
point of beginning, thence proceeding N 02° 00' 18" W 318 36 ft,
thence N 02° 00' 17" W 20 ft, thence, S 87° 59' 42" W 135 08 ft,
thence S 02° 00' 18" E 20 ft, thence S 02° 01' 13" W 319 57 ft,
thence N 87° 28' 53" E 135' to the point of beginning, Area 1 05
acres
BE IT FINALLY RESOLVED that the City Clerk shall cause the
Application for Exemption of New Personal Property to be completed
and shall take all the steps necessary to insure that the completed
application and a copy of this Resolution are filed with the State Tax
Commission in a timely fashion
During Audience Communication, Ray Franges, 14430 Brentwood,
thanked Council for their cooperation and consideration in approving the block party
request he had submitted
On a motion by Meakin, seconded by Pastor, and unanimously
adopted, this 1,682nd Regular Meeting of the Council of the City of Livonia was
adjourned at 8 33 p m
/ • a._ it-etA-e-Ckc_,..Terry a arecki, City Clerk