HomeMy WebLinkAboutCOUNCIL MINUTES 2010-08-25 37650
MINUTES OF THE ONE THOUSAND SIX HUNDRED SIXTY THIRD
REGULAR MEETING OF AUGUST 25, 2010
On August 25, 2010, the above meeting was held at the City Hall,
33000 Civic Center Drive, Livonia, Michigan and was called to order by Senior
Councilmember Toy at 8 00 p m Councilmember Brosnan led the meeting with an
invocation
Roll was called with the following result. Maureen Miller Brosnan,
Conrad Schwartz, John Pastor, Brian Meakin, and Laura Toy Absent: Joe Laura
and James McCann
Elected and appointed officials present: Todd Zilincik, City Engineer;
Karen Tesner, Director of Legislative Affairs, Mark Taormina, City Planner; Don
Knapp, City Attorney; Terry A. Marecki, City Clerk, Thomas Robinson, former
Councilmember; and Mayor Jack Kirksey
On a motion by Meakin, seconded by Schwartz, and unanimously
adopted, it was
#289-10 RESOLVED, that the Minutes of the 1,662nd Regular
Meeting of the Council held August 9, 2010, are hereby approved as
submitted
Meakin wished a belated Happy 14th Birthday to his daughter, Kellie
Anne, who he indicated celebrated her birthday on Tuesday, August 24, 2010
Toy announced the passing of Pam Posthumus, wife of former Lt
Governor Dick Posthumus Toy indicated Mrs Posthumus was a wonderful woman
who did many wonderful things for our great State and requested a moment of
silence in her honor
Pastor extended belated Happy Birthday wishes to City Clerk, Terry
Marecki, who celebrated her birthday on Tuesday, August 24th
Mayor Kirksey introduced his granddaughter, MacKenzie Kirksey, to
Council and indicated she was in town visiting from Colorado and added he was
very proud of her
Regular Meeting Minutes of August 25, 2010 37651
At the direction of the Chair, Agenda Item #12 was removed from the
Consent portion of the Agenda
At the direction of the Chair, Agenda Item #15 was removed from the
Agenda and the Chair indicated the matter would be rescheduled for the next
Regular Meeting of Council to be held September 8, 2010 (Petition 2010-06-02-12)
There was no Audience Communication at the beginning of the
meeting
A communication from the Department of Finance, dated July 20,
2010, re forwarding various financial statements of the City of Livonia for the month
ending June 30, 2010, was received and placed on file for the information of the
Council
A communication containing Letters of Understanding signed by the
President and Vice President of Lone Pine Corral, Inc , dated August 21, 2010, for
the business located at 36480 Plymouth Road, was received and placed on file for
the information of the Council
On a motion by Pastor, seconded by Schwartz, it was
#290-10 RESOLVED, that having considered an application from
Karen L Werden, 19651 Flamingo, dated July 14, 2010, requesting
permission to close Flamingo Boulevard between St. Martins and
Bretton on Saturday, September 11, 2010, 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, September 12, 2010, in the event of
inclement weather, the action taken herein being made subject to the
approval of the Police Department.
#291-10 RESOLVED, that having considered an application from
Julie Freda, 15643 Sussex, dated July 13, 2010, requesting permission
to close Sussex between Sherwood and Fitzgerald on Saturday,
September 11, 2010, from 1 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, September 12, 2010, in the event of inclement weather, the
action taken herein being made subject to the approval of the Police
Department.
Regular Meeting Minutes of August 25, 2010 37652
#292-10 RESOLVED, that having considered an application from
Chris Conway, 14917 Fairway, dated August 13, 2010, requesting
permission to close Fairway between Country Club and Jamison on
Saturday, September 18, 2010, from 4 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.
#293-10 RESOLVED, that having considered an application from
Thomas Hall, 16620 Country Club, dated July 29, 2010, requesting
permission to close Country Club between Wood and Grove on
Saturday, September 11, 2010, from 3 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 Saturday, September 18, 2010, in the event of inclement
weather, the action taken herein being made subject to the approval of
the Police Department.
#294-10 RESOLVED, that having considered a letter from the
Michigan Liquor Control Commission, dated April 14, 2010, and the
report and recommendation from the Chief of Police, dated August 4,
2010, approved for submission by the Mayor, the Council does hereby
approve of the request from BL Restaurant Operations, LLC (a
Delaware Limited Liability Company) to transfer ownership of a 2009
Class C licensed business with Sunday Sales, Official Permit (Food),
Outdoor Service (1 area) and 2 bars from Bar Louie Laurel Park, Inc
(an Illinois corporation), for a business located at 37716 Six Mile, Suite
A100, 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
#295-10 RESOLVED, that having considered the report and
recommendation of the Superintendent of Parks and Recreation, dated
July 21, 2010, which bears the signature of the Director of Finance and
City Attorney and is approved for submission by the Director of Public
Works and the Mayor, and which sets forth Livonia Parks & Recreation
Commission Resolution 3168-10, to which is attached a proposed
Lease Agreement between the City of Livonia and the Livonia City
Soccer Club for use of Greenmead Soccer Fields 1 & 2 and Wilson
Barn Soccer Field for a period of five (5) years commencing
September 1, 2010, and terminating on August 31, 2015, unless
otherwise terminated, extended or renewed, the Council does hereby
approve 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 to do all other things necessary
or incidental to the full performance of this resolution
Regular Meeting Minutes of August 25, 2010 37653
#296-10 RESOLVED, that having considered the report and
recommendation of the Superintendent of Parks and Recreation, dated
August 9, 2010, which bears the signature of the Director of Finance
and the City Attorney and is approved for submission by the Mayor, the
Council does hereby accept the bid of the Detroit Medical Center
(DMC) Rehab Institute of Michigan, 261 Mack, Detroit, Michigan
48201, to sublease a portion of the Community Recreation Center
(Adult/Sr Lounge) and to provide health and wellness services to
patrons for a period of five (5) years with the understanding that DMC
will pay $24,000 00 per year for a total of $120,000 00, FURTHER, the
Council does hereby authorize the Mayor and City Clerk, for and on
behalf of the City of Livonia, to execute a contract with the aforesaid
bidder, and to do all other things necessary or incidental to the full
performance of this resolution
#297-10 RESOLVED, that having considered the report and
recommendation of the City Engineer, dated August 6, 2010, which
bears the signature of the Director of Finance and the City Attorney, is
approved by the Director of Public Works and approved for
submission by the Mayor, to which is attached a proposed
Construction Engineering contract between the City of Livonia and
Orchard, Hiltz & McCliment, Inc , the Council does hereby authorize
the Mayor and City Clerk, for and on behalf of the City of Livonia, to
execute the attached contract between the City of Livonia and
Orchard, Hiltz and McCliment, Inc , 34000 Plymouth Road, Livonia,
Michigan 48150, to provide Construction Engineering (CE) services for
the Newburgh Road Improvements and Traffic Signal Modernization
Project, from Laurel Park Drive North to Seven Mile Road and to enter
into a third party agreement with MDOT in an amount not to exceed
$127,916 44, FURTHER, the Council does hereby authorize an
additional expenditure in the amount of $15,116 44 for Construction
Engineering from funds budgeted in Account No 202-463-818-125 for
this purpose, FURTHER, the Council does hereby authorize the Mayor
and City Clerk, for and on behalf of the City of Livonia, to execute the
third party agreement with MDOT for the Newburgh Road Project; and
the City Clerk is hereby requested to forward a certified copy of this
resolution, together with the signed agreements, to the Michigan
Department of Transportation
#298-10 RESOLVED, that having considered the report and
recommendation of the City Engineer, dated August 9, 2010, which
bears the signature of the Director of Finance, is approved by the
Director of Public Works and approved for submission by the Mayor,
and a communication from the City Engineer, dated August 12, 2010,
approved for submission by the Mayor, regarding additional work
required in connection with the completion of the Civic Center/Library
Drive Parking Lot Improvement and Fire Stations #5 and #6 Parking
fir. Lot Paving Project, previously authorized in Council Resolution 162-10,
Regular Meeting Minutes of August 25, 2010 37654
adopted on May 12, 2010, the Council does hereby appropriate and
authorize the expenditure of the additional sum of $87,891 30
($23,041 00 for the Civic Center Library Parking Lot and the Fire
Station #5 Parking Lot from the Unexpended Fund Balance of the
Capital Projects Fund (401) and $64,350 30 for the Civic
Center/Library Drive Reconstruction and Improvement from the
Unexpended Fund Balance of the Major Street Fund (202)) to be paid
to Nagle Paving Company, 36788 Amrhein, Livonia, Michigan 48150,
and the City Engineer is hereby authorized to approve minor
adjustments in the work, as needed, FURTHER, the Council does
hereby authorize this 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 4 of the Livonia Code of
Ordinances, as amended
#299-10 RESOLVED, that having considered the report and
recommendation of the City Engineer, dated August 5, 2010, which
bears the signature of the Director of Finance and City Attorney, is
approved by the Director of Public Works and approved for submission
by the Mayor, to which is attached an agreement between the
Michigan Department of Transportation and the City of Livonia for the
traffic signal upgrades along Middlebelt Road from Five Mile Road to
Seven Mile Road, the Council does hereby authorize the Mayor and
City Clerk, for and on behalf of the City of Livonia, to execute this
agreement in the manner and form herein submitted, FURTHER, the
Council does hereby authorize the expenditure of the sum of
$94,600 00 from Account No 202-463-818-125 (Major Street Fund —
City participation in County and MDOT Projects) for the City's
estimated share of this project (20% of the total estimated cost for this
project of $473,000 00), and the City Clerk is hereby requested to
forward a certified copy of this resolution, together with the signed
agreements, to the Michigan Department of Transportation
#300-10 RESOLVED, that having considered a letter from the
Michigan Liquor Control Commission, dated April 29, 2010, and the
report and recommendation from the Chief of Police, dated August 11,
2010, approved for submission by the Mayor, the Council does hereby
approve of the request from Lone Pine Corral Inc to transfer
ownership of a 2009 Class C licensed business, located in escrow at
6200-6208 N Telegraph, Dearborn Heights, Michigan 48127, Wayne
County, from United Bank and Trust — Washtenaw; request to transfer
location (Governmental Unit) under MCL 436 1531(1) to 36480
Plymouth, Livonia, MI 48150, Wayne County; and request for new
Dance-Entertainment Permit; and the City Clerk is hereby requested to
forward a certified copy of this resolution to the Michigan Liquor
Control Commission
Regular Meeting Minutes of August 25, 2010 37655
#301-10 RESOLVED, that having considered a communication
from the Department of Law, dated July 16, 2010, the Council does
hereby amend and revise Council Resolution No 188-10 to read as
follows
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 No 111,
on December 19, 2006, for property at 13753 Otterson Court, thereby
creating an "eligible district" for purposes of Act 328 of 1998, as
amended (the "Act"), and
WHEREAS Wahler Automotive Systems, Inc , 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 17th day of May, 2010, 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 Wahler Automotive
Systems, Inc 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 Wahler Automotive Systems, Inc 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 9 years, beginning on May 26, 2010, and ending December
30, 2019
BE IT FURTHER RESOLVED THAT Wahler Automotive Systems, Inc
shall file with the City Assessor two (2) personal property statements
Regular Meeting Minutes of August 25, 2010 37656
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
Wahler Automotive Systems, Inc 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 111, established on December 19, 2006,
Beginning at the Northeast corner of said section and proceeding
thence S 02°55'42"E , 5,427 57 feet to the Southeast corner of said
section, thence S 87°56'23"W, 5,289 50 feet to the Southwest corner of
said section, thence N 02°32'48"W , 5,404 56 feet to the Northwest
corner of said section, thence N 87°41'48"E , 5,253 17 feet to the point
of beginning and the Northeast corner of said section,
excluding the following described area which is zoned residential
Lot 1 through Lot 18 of the Newman Wadsworth Farms Subdivision as
recorded in Liber 71 of Plats on Page 56, W C R
also excluding Lot 16 through Lot 20 of the Walter Dann Subdivision as
recorded in Liber 67 of Plats on Page 79, W C R
also excluding Lot 12 through Lot 112 and Lot 114 through Lot 127 of
the Alden Village Subdivision as recorded in Liber 66 of Plats on Page
78, W C R
also excluding
The North 300 feet of the following described parcel, a parcel of land
described as beginning at a point distant due West 1,328 40 feet from
the Southeast corner of Section 28 and proceeding thence
N 01°25'00"W , 647 60 feet; thence S 89°41'00"W , 133 20 feet; thence
S 01°24'00"E , 646 90 feet, thence due East 133 46 feet to the point of
beginning
also excluding
A parcel of land described as beginning at the Southeast corner of Lot
125 of the Alden Village Subdivision as recorded in Liber 66 of Plats on
Page 78, W C R and proceeding thence S 01°39'20"W , 18 60 feet;
thence N 88°21'40"W , 97 26 feet; thence N 01°01'20"E , 18 60 feet,
thence S 88°21'40"E , 97 46 feet to the point of beginning
also excluding
Regular Meeting Minutes of August 25, 2010 37657
The North 300 feet of the following described parcel, a parcel of land
described as beginning at a point distant S 89°17'20"E , 331 55 feet
from the South 1/4 corner of Section 28 and proceeding thence
N 00°28'00"W , 643 94 feet; thence S 89°51'50"E , 225 41 feet; thence
S 00°29'30"E , 646 21 feet; thence N 89°17'20"W , 225 76 feet to the
point of beginning
also excluding
A parcel of land described as beginning at a point distant
S 88°17'20"E , 1,039 42 feet and S 01°23'38"W , 528 69 feet from the
West '/4 corner of Section 28 and proceeding thence S 88°47'30"E ,
1,140 71 feet; thence S 01°22'10"W , 436 82 feet; thence
N 88°41'40"W , 384 00 feet, thence N 12°40'12"W , 206 10 feet, thence
N 88°41'40"W , 474 03 feet; thence S 12°40'12"E , 206 10 feet; thence,
N 88°41'40"W , 282 86 feet; thence N 01°23'38"E , 434 88 feet to the
point of beginning
also excluding
A parcel of land described as beginning at the Northeast corner of Lot
95 of the Alden Village Subdivision as recorded in Liber 66 of Plats on
Page 78, W C R and proceeding thence N 89°21'00"W , 182 97 feet,
thence N 00°42'50"E , 437 84 feet; thence S 89°29'47"E , 240 31 feet;
thence S 00°22'00"W , 177 24 feet, thence N 89°21'00"W , 60 00 feet;
thence S 00°22'00"W , 260 00 feet to the point of beginning
also excluding
A parcel of land described as beginning at the Southwest corner of Lot
43 of the Alden Village Subdivision as recorded in Liber 66 of Plats on
Page 78, W C R and proceeding thence S 00°42'50"W , 60 00 feet;
thence N 89°21'00"W , 179 38 feet; thence N 00°44'20"E , 1,150 85
feet; thence S 89°15'40"E , 147 00 feet; thence S 00°44'20"W , 430 65
feet; thence S 89°21'00"E , 92 05 feet; thence S 00°42'50"W , 200 00
feet; thence N 89°21'00"W , 60 00 feet; thence S 00°42'50"W , 460 00
feet to the point of beginning
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
A roll call vote was taken on the foregoing resolutions with the following result:
AYES Brosnan, Schwartz, Pastor, Meakin, and Toy
Regular Meeting Minutes of August 25, 2010 37658
NAYS None
A communication from the Department of Law, dated August 20, 2010,
re clarification on denial of drive-up window for Dairy Queen business located at
37405 Ann Arbor Road, was received and placed on file for the information of the
Council (Petition 2010-06-02-13)
On a motion by Pastor, seconded by Meakin, and unanimously
adopted, it was
#302-10 RESOLVED, that having considered a communication
from the City Planning Commission, dated July 23, 2010, which
transmits its resolution 07-49-2010, adopted on July 20, 2010, with
regard to Petition 2010-06-02-13, submitted by Dairy Queen
requesting waiver use approval to operate a full service restaurant with
drive-up window facilities on property located on the Southwest corner
of Ann Arbor Road and Newburgh Road (37405 Ann Arbor Road), in
the Northeast 1/4 of Section 31, which property is zoned C-2, the
Council does hereby concur in the recommendation made by the City
Planning Commission and Petition 2010-06-02-13 is hereby approved
and granted, subject to the following conditions
1 That drive-up window facilities are not approved with this
request for a full service restaurant;
2 That the Site Plan marked C101 dated July 14, 2010, as
revised, prepared by DTS Architects, is hereby approved and
shall be adhered to,
3 That the maximum customer seating count shall not exceed a
total of thirty-eight (38) seats, including twenty-six (26) interior
seats and twelve (12) outdoor patio seats,
4 That a trash receptacle shall be provided for the outdoor patio
area and shall be emptied regularly as needed,
5 That the three walls of the trash dumpster area, whether it is
relocated or not, shall be constructed out of the same brick used
in the construction of the building or in the event a poured wall is
substituted, the wall's design, texture and color shall match that
of the building and the enclosure gates shall be of solid panel
steel construction or durable, long-lasting solid panel fiberglass
and maintained and when not in use closed at all times,
Regular Meeting Minutes of August 25, 2010 37659
6 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,
7 That no LED lightband or exposed neon shall be permitted on
this site including, but not limited to, the building or around the
windows,
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 the City
Council, and unless a building permit is obtained and
construction is commenced, this approval shall be null and void
at the expiration of said period
On a motion by Pastor, seconded by Brosnan, and unanimously
adopted, it was
#303-10 RESOLVED, that having considered a communication
from the City Planning Commission, dated July 23, 2010, which
transmits its resolution 07-49-2010, adopted on July 20, 2010, with
regard to Petition 2010-06-02-13, submitted by Dairy Queen
requesting waiver use approval to operate a full service restaurant with
drive-up window facilities on property located on the Southwest corner
of Ann Arbor Road and Newburgh Road (37405 Ann Arbor Road), in
the Northeast ' of Section 31, which property is zoned C-2, the
Council does hereby refer the issue of the drive-up facilities to the
Committee of the Whole for its report and recommendation
On a motion by Schwartz, seconded by Pastor, and unanimously
adopted, it was
#304-10 RESOLVED, that having considered an application from
Andy Magar and Carol White, 17515 Doris, dated July 26, 2010,
requesting permission to close Sunset between Bobrich and Jeanine
on Saturday, September 11, 2010, 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, September 12, 2010, in the event of inclement
weather, the action taken herein being made subject to the approval of
the Police Department.
Regular Meeting Minutes of August 25, 2010 37660
Kerry Kirsch, 30858 Mayville, was present to answer any questions of Council and
thanked Council for their time and consideration
There was no Audience Communication at the end of the meeting
41" On a motion by Brosnan, seconded by Schwartz, and unanimously
adopted, this 1,663rd Regular Meeting of the Council of the City of Livonia was
adjourned at 8 12 p m
dzi a kei,
Terry A arecki, City Clerk