HomeMy WebLinkAboutCOUNCIL MINUTES 2011-07-06 37939
MINUTES OF THE ONE THOUSAND SIX HUNDRED EIGHTY FOURTH
REGULAR MEETING OF JULY 6, 2011
On July 6, 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 Meakin led the meeting with an invocation
Roll was called with the following result: Brian Meakin, Joe Laura,
Laura Toy, Maureen Miller Brosnan, Conrad Schwartz, John Pastor, 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, and Mayor Jack Kirksey
On a motion by Pastor, seconded by Brosnan, it was
#198-11 RESOLVED, that the Minutes of the 1,683rd Regular
Meeting of the Council held June 20, 2011, are hereby approved as
submitted
A roll call vote was taken on the foregoing resolution with the following result:
AYES Meakin, Laura, Brosnan, Schwartz, Pastor, and McCann
NAYS None
PRESENT Toy
President McCann announced there would be two X-items discussed
at the end of the meeting concerning the Infrastructure and Community Transit
Committee meeting of June 30, 2011, re the subject matter of a Storm Water
Management Study and the subject matter of a local bus transportation system (CR
324-10 and CR 325-10) (CR 917-98)
President McCann announced the following Public Hearing will be held
on Monday, July 11, 2011, at 7 00 p m in the Auditorium of Livonia City Hall, 33000
Civic Center Drive, Livonia, Michigan
Appeal of the denial of the Planning Commission regarding Petition
2011-05-02-05 submitted by Fellowship Community requesting waiver
Regular Meeting Minutes of July 6, 2011 37940
use approval to operate a second-hand store (New 2 U) located on the
east side of Middlebelt Road, between Five Mile Road and Sunnydale
Avenue (15950 Middlbelt Road), in the Southwest 1/4 of Section 13
During Audience Communication, Terry Cannen, 20128 Whitby Street,
addressed Council to express his concern for the cuts made in the State's Budget
and how said cuts negatively impact Livonia Schools and the Livonia Community in
general
Christopher Martin, 12275 Inkster Road, addressed Council to thank
Councilmember Schwartz and Councilmember Brosnan for appointing new people to
the Zoning Board of Appeals
A communication from the Department of Finance, dated June 17,
2011, re forwarding the Quarterly Investment Report of the City of Livonia for the
month ending May 31, 2011, was received and placed on file for the information of
the Council
A communication from the Department of Finance, dated June 21,
2011, re forwarding various financial statements of the City of Livonia for the month
ending May 31, 2011, was received and placed on file for the information of the
Council
On a motion by Toy, seconded by Brosnan, it was
#199-11 RESOLVED, that having considered an application from
Stacie Pettit, 8937 Louisiana, dated June 14, 2011, requesting
permission to close Louisiana between Oregon and Kentucky 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, the action taken herein being made subject
to the approval of the Police Department.
#200-11 RESOLVED, that having considered an application from
Marcella Vance, 15901 Auburndale, dated June 16, 2011, requesting
permission to close Auburndale between Myrna and Five Mile Road 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
i- 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
t'"' the Police Department.
Regular Meeting Minutes of July 6, 2011 37941
#201-11 RESOLVED, that having considered an application from
Jeanine Miller, 9311 Woodring, dated June 21, 2011, requesting
permission to close Woodring between Vermont and Oregon on
Saturday, August 6, 2011, from 2 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 7, 2011, in the event of inclement weather, the action
taken herein being made subject to the approval of the Police
Department.
#202-11 RESOLVED, that having considered a letter from Erin
Churgin, Fundraising Coordinator, Livonia Blue Jays, dated June 17,
2011, requesting the Council grant a waiver of the City's Noise
Ordinance in connection with a "movie night" they are planning on
Friday, July 22, 2011, outside at Bentley Field, the Council does
hereby approve this request waiver of the Noise Ordinance from 9 00
pm to 11 00 p m
#203-11 RESOLVED, that having considered a communication
from the Director of Public Works, dated June 17, 2011, approved for
submission by the Mayor, the Council does, for and on behalf of the
City of Livonia, accept the grant in the amount of $5,000 00 from ITC
Holdings Corp , to be used to maintain the City's urban forest and/or
replace undersirable species with species that will not present potential
conflicts with electric transmission lines
#204-11 RESOLVED, that having considered the report and
recommendation of the City Engineer, dated June 17, 2011, 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 Nagle Paving
Company, 36780 Amrhein, Livonia, Michigan 48150, for completing all
work required in connection with the Fire Station #1 Drive and the
Police Station Rear Parking Lot Improvements (Contract 11-E) for the
estimated total cost of $387,750 50, based upon 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 meets all specifications,
FURTHER, the Council does hereby authorize the expenditure of a
sum not to exceed $387,750,50 from funds already budgeted for this
purpose as follows $206,700 00 from Account No 401-000-971-000
(Capital Projects), $178,000 00 from Account No 401-000-974-000
(Capital Projects), and $3,050 50 from Account No 401-000-974-000
(Sidewalk/Pavement Repairs for Misc Buildings — Capital Projects),
FURTHER, the Council does hereby authorize an expenditure in an
amount not to exceed $33,300 00 from funds already budgeted in
Account No 401-000-971-000 (Capital Projects Fund) to be paid to
Regular Meeting Minutes of July 6, 2011 37942
Spalding DeDecker, Inc , 905 South Blvd East, Rochester Hills,
Michigan 48307, for materials testing allowance and construction
observation, 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
#205-11 RESOLVED, that having considered a communication
from the City Planning Commission, dated June 8, 2011, which
transmits its resolution 06-31-2011 , adopted on June 7, 2011, with
regard to Petition 2011-05-02-06, submitted by R&B Coffeehouse of
Livonia, L.L.0 requesting waiver use approval to operate a limited
service restaurant (Biggby Coffee) within the Millennium Plaza
Shopping Center on property located on the south side of Seven Mile
Road between Farmington Road and Irving Boulevard (33443 Seven
Mile Road), in the Northeast 1/4 of Section 9, which property is zoned
C-2, the Council does hereby concur in the recommendation of the
Planning Commission and Petition 2011-05-02-06 is hereby approved
and granted, subject to the following conditions
1 That the maximum number of customer seats shall not exceed a
total of thirty (30) seats, including a maximum of ten (10)
outdoor patio seats,
2 That a fully detailed patio plan, including information concerning
overall dimensions, lighting, perimeter fencing, furniture, access
points and landscaping shall be submitted for approval to the
Planning Commission,
3 That if a grease container is required now or in the future, it
shall be adequately screened from public view either within the
existing dumpster enclosure or within a separate enclosure,
4 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
5 That no LED lightband or exposed neon shall be permitted on
the site including, but not limited to, the building or around the
windows
A roll call vote was taken on the foregoing resolutions with the following result:
AYES Meakin, Laura, Toy, Brosnan, Schwartz, Pastor, and
McCann
Regular Meeting Minutes of July 6, 2011 37943
NAYS None
Meakin gave second reading to the following Ordinance
AN ORDINANCE VACATING PORTIONS OF STREET, ALLEY AND
PUBLIC GROUND (Petition 2011-03-03-01)
A roll call vote was taken on the foregoing Ordinance with the following result:
AYES Meakin, Laura, Toy, Brosnan, Schwartz, Pastor, and
McCann
NAYS None
The President declared the foregoing Ordinance duly adopted, and would become
effective on publication
On a motion by Toy, seconded by Meakin, it was
#206-11 RESOLVED, that having considered a communication
from the City Planning Commission, dated June 13, 2011, which
transmits its resolution 06-33-2011, adopted on June 7, 2011, with
regard to Petition 2011-05-08-05 submitted by Unique Design
Services, requesting site plan approval in connection with a proposal
to renovate the exterior of the commercial building on property located
on the south side of Six Mile Road, between Middlebelt Road and
Oporto Street (29419 Six Mile Road), in the Northeast '/ of Section
14, pursuant to the provisions set forth in Section 18 58 of Ordinance
No 543, as amended, the Council does hereby concur in the
recommendation of the Planning Commission and Petition 2011-05-
08-05 is hereby approved and granted, subject to the following
conditions
1 That the Site Plan, Floor Plan & Survey Plan marked Sheet A-1
dated May 11, 2011, prepared by Unique Design Services, is
hereby approved and shall be adhered to,
2 That the Building Elevations Plan marked Sheet A-2 dated May
11, 2011, prepared by Unique Design Services, is hereby
approved and shall be adhered to,
3 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,
Regular Meeting Minutes of July 6, 2011 37944
4 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,
5 That no LED lightband or exposed neon shall be permitted on
this site including, but not limited to, the building or around the
windows,
6 That a Landscape Plan shall be submitted for approval by the
Planning Department to include the area around the proposed
sign,
7 That approval is granted by the Building Code Board of
Appeals for window and door openings on the east side of the
building,
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; and
9 Pursuant to Section 19 10 of Ordinance No 543, the Zoning
Ordinance of the City of Livonia, this approval is valid for a
period of one year only from the date of approval by City
Council, and unless a building permit is obtained, this approval
shall be null and void at the expiration of said period
A roll call vote was taken on the foregoing resolution with the following result:
AYES Meakin, Toy, Brosnan, Schwartz, Pastor, and McCann
NAYS Laura
The President declared the resolution adopted
On a motion by Meakin, seconded by Toy, and unanimously adopted,
it was
#207-11 RESOLVED, that the Council does hereby suspend their
rules for procedure as outlined in Council Resolution 574-82 so as to
permit consideration of items that do not appear on the Agenda
A communication from the Engineering Division, dated June 17, 2011,
re proposed interagency agreement between the County of Wayne and the City of
Livonia to provide grant funds for the Whispering Willows Storm Water Detention
Regular Meeting Minutes of July 6, 2011 37945
Basin Project, was received and placed on file for the information of the Council
(CR 44-99)
A communication from the Engineering Division, dated June 20, 2011,
re proposed interagency agreement between the County of Wayne and the City of
Livonia to provide funds for the Bell Branch Streambank Stabilization Project (a/k/a
Rennolds' Ravines), was received and placed on file for the information of the
Council (CR 44-99)
On a motion by Brosnan, seconded by Toy, and unanimously adopted,
it was
#208-11 RESOLVED, that having considered the report and
recommendation of the Infrastructure and Community Transit
Committee, dated June 30, 2011, submitted pursuant to Council
Resolution No 44-99, regarding the subject of a Storm Water
Management Study and a communication from the City Engineer,
dated June 17, 2011, which bears the signature of the Finance
Director, is approved by the Director of Public Works and the City
Attorney and is approved for submission by the Mayor, the Council
does hereby authorize the Mayor and City Clerk, for and on behalf of
the City of Livonia, to execute an agreement between the City of
Livonia and Wayne County for federal grant funding in an amount up to
$200,000 00 for the Whispering Willows Storm Water Detention Basin
Project; FURTHER, the Council does hereby appropriate and authorize
an expenditure in an amount not to exceed $135,075 00 from Account
No 465-000-973-165 (Drainage Improvement Fund) for this purpose,
FURTHER, the Council does hereby appropriate and authorize an
additional expenditure in an amount not to exceed $64,925 00 from
Account No 401-000-974-000 (Capital Projects Fund) for this purpose,
and the City Clerk is hereby requested to do all things necessary or
incidental to the full performance of this resolution
On a motion by Brosnan, seconded by Schwartz, and unanimously
adopted, it was
#209-11 RESOLVED, that having considered the report and
recommendation of the Infrastructure and Community Transit
Committee, dated June 30, 2011, submitted pursuant to Council
Resolution No 44-99, regarding the subject of a Storm Water
Management Study and a communication from the City Engineer,
Regular Meeting Minutes of July 6, 2011 37946
dated June 20, 2011, which bears the signature of the Finance
Director, is approved by the Director of Public Works and the City
Attorney and is approved for submission by the Mayor, the Council
does hereby authorize the Mayor and City Clerk, for and on behalf of
the City of Livonia, to execute an agreement between the City of
Livonia and Wayne County for federal grant funding in an amount up to
$150,000 00 for the Bell Branch Streambank Stabilization Project,
FURTHER, the City of Livonia's participation is conditioned upon the
creation of a Special Assessment District to provide the matching
funds necessary in order to secure grant funding, and the City Clerk is
hereby requested to do all things necessary or incidental to the full
performance of this resolution
On a motion by Brosnan, seconded by Schwartz, and unanimously
adopted, it was
#210-11 RESOLVED, that having considered the report and
recommendation of the Infrastructure and Community Transit
Committee, dated June 30, 2011, submitted pursuant to Council
Resolution No 44-99, regarding the subject of a Storm Water
Management Study and a communication from the City Engineer,
dated June 20, 2011, which bears the signature of the Finance
Director, is approved by the Director of Public Works and the City
Attorney and is approved for submission by the Mayor, the Council
does hereby refer the subject of whether a Special Assessment District
can include the property owners on the north side of the Creek to the
Department of Law, in cooperation with the Engineering and Assessing
Departments, for a report and recommendation
A communication from Gerald A. Bagazinski, dated June 30, 2011, re
how an expanded Livonia Transit Service may look, was received and placed on file
for the information of the Council (CR 917-98)
A communication from the Department of Community Resources,
dated June 30, 2011, re an update on the Livonia Community Transit (LCT) system,
was received and placed on file for the information of the Council (CR 917-98)
Brosnan provided a verbal update concerning the subject of a local bus
transportation system for the City of Livonia and indicated the matter would remain
in the Infrastructure and Community Transit Committee (CR 917-98)
Regular Meeting Minutes of July 6, 2011 37947
On a motion by Meakin, seconded by Toy, and unanimously adopted,
it was
#211-11 RESOLVED, that having considered an application from
Ron Bozzi, 18173 Lathers, dated June 30, 2011, requesting
permission to close Lathers, between Curtis and the dead-end of
Lathers at the entrance to the nature trail, on Saturday, July 16, 2011,
from 12 00 p m to 1000 p m for the purpose of conducting a block
party, the Council does hereby grant permission as requested, the
action taken herein being made subject to the approval of the Police
Department.
There was no Audience Communication at the end of the meeting
On a motion by Meakin, seconded by Schwartz, and unanimously
adopted, this 1,684th Regular Meeting of the Council of the City of Livonia was
adjourned at 8 28 p m
itelt-12—e
Terry(. Marecki, City Clerk