HomeMy WebLinkAboutCOUNCIL MINUTES 2011-01-12 37770
MINUTES OF THE ONE THOUSAND SIX HUNDRED SEVENTY SECOND
REGULAR MEETING OF JANUARY 12, 2011
On January 12, 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: Todd Zilincik, City Engineer;
Karen Tesner, Director of Legislative Affairs, Mark Taormina, City Planner; Don
Knapp, City Attorney; Terry A. Marecki, City Clerk, and Mayor Jack Kirksey
On a motion by Pastor, seconded by Toy, it was
#01-11 RESOLVED, that the Minutes of the 1,671st Regular
Meeting of the Council held December 15, 2010, are hereby approved
as submitted
A roll call vote was taken on the foregoing resolution with the following result:
AYES Meakin, Toy, Brosnan, Schwartz, Pastor, and McCann
NAYS None
PRESENT Laura
The President declared the resolution adopted
Mayor Kirksey addressed Council to request a moment to reflect on
the recent tragedy which occurred in Tucson, Arizona this past week and stated
President Obama would address the nation later that evening Mayor Kirksey
indicated that as a result of the tragedy, heroes have emerged and the unfortunate
tragic loss of lives will be forever remembered Mayor Kirksey stated the tragedy
presents an opportunity for all to reflect on their values and what is important in their
lives and offered condolences to all the families that have been affected and
expressed admiration for all those who intervened to help minimize the damages
Regular Meeting Minutes of January 12, 2011 37771
Mayor Kirksey also explained to Council and residents that the last
snow storm approached the four inch threshold for plowing, however, the
Administration made the decision not to plow the City streets based on averaged
accumulation of snowfall throughout the City which was measured at various fire
stations Mayor Kirksey expressed City funds are not earmarked specifically to plow
streets but rather the City relies on Act 51 monies and at the end of the year, those
dollars are returned to various funds to repair City streets Mayor Kirksey indicated
each snowfall presents different circumstances and factors which are carefully
considered when deciding whether or not to plow but indicated the ultimate goal is to
save taxpayer dollars, if at all possible
Toy commended Mayor Kirksey for his comments and remarks about
the Tucson, Arizona tragedy In addition, Toy stated two local elected officials were
sworn in today in Lansing, State Representative John Walsh and Senator Glenn
Anderson, and wished them well during their respective terms serving the State of
Michigan
There was no Audience Communication at the beginning of the
meeting
A communication from the Department of Law, dated December 9,
2010, re Kelly Shirey v City of Livonia and Welker Properties-Livonia, LLC, Wayne
County Circuit Court Case No 10-011245NO, was received and placed on file for
the information of the Council
A communication from the Office of the Mayor, dated January 3, 2011,
re forwarding the Annual Report for the Fiscal Year 2009-2010 which reflects
activities of the Livonia City Departments, Commissions and Boards, was received
and placed on file for the information of the Council
A communication from the Police Department, received in the Office of
the City Clerk on January 12, 2011, re indicating approval of the massage
establishment license as submitted by William Leung and Ya Jia Xu, d/b/a New Life
Acupressure and Massage, was received and placed on file for the information of
the Council
On a motion by Meakin, seconded by Brosnan, it was
Regular Meeting Minutes of January 12, 2011 37772
#02-11 RESOLVED, that having considered a communication
from the City Clerk, dated December 7, 2010, forwarding an
application submitted by Nancy H Donohue, 19310 Delaware Avenue,
Redford, Michigan 48240, for a massage therapist permit and in
accordance with Chapter 5 49 of the Livonia Code of Ordinances, as
amended, the Council does hereby approve this request in the manner
and form herein submitted, and the City Clerk is hereby requested to
do all things necessary or incidental to the full performance of this
resolution
#03-11 RESOLVED, that having considered a communication
from the City Clerk, dated December 7, 2010, forwarding an
application submitted by Michele Haynes, 15208 Berwick Street,
Livonia, Michigan 48154, for a massage therapist permit and in
accordance with Chapter 5 49 of the Livonia Code of Ordinances, as
amended, the Council does hereby approve this request in the manner
and form herein submitted, and the City Clerk is hereby requested to
do all things necessary or incidental to the full performance of this
resolution
#04-11 RESOLVED, that having considered a communication
from the City Clerk, dated December 17, 2010, forwarding an
application submitted by Tracey L Stachowiak, 558 Pinecrest Drive,
Walled Lake, Michigan 48390, for a massage apprentice permit and in
accordance with Chapter 5 49 of the Livonia Code of Ordinances, as
amended, the Council does hereby approve this request in the manner
and form herein submitted, and the City Clerk is hereby requested to
do all things necessary or incidental to the full performance of this
resolution
#05-11 RESOLVED, that having considered a communication
from the City Clerk, dated December 20, 2010, forwarding an
application submitted by William Leung, 14331 Westlake, Taylor,
Michigan 48180, for a massage therapist permit and in accordance
with Chapter 5 49 of the Livonia Code of Ordinances, as amended, the
Council does hereby approve this request in the manner and form
herein submitted, and the City Clerk is hereby requested to do all
things necessary or incidental to the full performance of this resolution
#06-11 RESOLVED, that having considered a communication
from the City Clerk, dated December 20, 2010, forwarding an
application submitted by Yadong Xu, 24310 Rosewood, Taylor,
Michigan 48180, for a massage apprentice permit and in accordance
with Chapter 5 49 of the Livonia Code of Ordinances, as amended, the
Council does hereby approve this request in the manner and form
herein submitted, and the City Clerk is hereby requested to do all
things necessary or incidental to the full performance of this resolution
Regular Meeting Minutes of January 12, 2011 37773
#07-11 RESOLVED, that having considered a communication
from the City Clerk, dated December 20, 2010, forwarding an
application submitted by Edmond Leung, 14331 Westlake, Taylor,
Michigan 48180, for a massage apprentice permit and in accordance
thrio with Chapter 5 49 of the Livonia Code of Ordinances, as amended, the
Council does hereby approve this request in the manner and form
herein submitted, and the City Clerk is hereby requested to do all
things necessary or incidental to the full performance of this resolution
A communication from the Office of the City Clerk, dated December
10, 2010, re forwarding a communication from the Secretary of the Board of
Education requesting the City continue to collect one-half of their district's taxes with
the summer tax collection and the remaining one-half with the winter tax collection
commencing July 1, 2011, was received and placed on file for the information of the
Council
#08-11 RESOLVED, that having considered the report and
recommendation of the City Engineer, dated December 2, 2010,
approved by the Director of Public Works and approved for submission
by the Mayor, the Council does hereby authorize the release to Zef
lvezaj, 18440 Van Road, Livonia, Michigan 48152, the proprietor of the
Gruda Site Condominiums, located in the Northeast '/ of Section 14, of
the financial assurances previously deposited with respect to the
General Improvement Bond, in the sum of $2,280 00 ($10,000 00 cash
bond less $7,720 00 paid to Reliable Landscaping to complete the
island landscaping), pursuant to Council Resolution 705-99 adopted on
October 13, 1999, FURTHER, all other financial assurances (including
the Grading/Soil Erosion Control Bond) now on deposit with the City, if
any, with respect to this condominium development shall remain the
same and unchanged, and the action herein being taken is for the
reasons indicated in the aforementioned report of the City Engineer
that all these improvements have been satisfactorily installed in
accordance with the rules and regulations and ordinances of the City of
Livonia
#09-11 RESOLVED, that having considered the report and
recommendation of the City Engineer, dated December 15, 2010,
which bears the signature of the Director of Finance, is approved by
the Director of Public Works and the Superintendent of Parks and
Recreation and approved for submission by the Mayor, the Council
does hereby accept the bid of Merlo Construction, 8505 Terra Bella
Drive, Northville, Michigan 48168, for completing all work in connection
with the 2010 Idyl Wyld Golf Course Streambank Stabilization Project
Regular Meeting Minutes of January 12, 2011 37774
for the total amount of $61,461 00, the same having been in fact the
lowest bid received and meets all specifications, FURTHER, the
Council does hereby appropriate and authorize an expenditure in the
amount of $61,461 00 from the Golf Course Capital Projects Fund
(409) for this purpose, which account shall be reimbursed at such time
as the Wayne County Parks Millage Grant money is received to cover
this expenditure, and the City Engineer is hereby authorized to
approve any minor changes 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
#10-11 RESOLVED, that having considered a communication
from the City Planning Commission, dated December 16, 2010, which
transmits its resolution 12-73-2010, adopted on December 14, 2010,
with regard to Petition 2010-10-02-18, submitted by Ya Jia Xu
requesting waiver use approval to operate a massage establishment
(New Life Acupressure and Massage) within the Five Newburgh Plaza
Shopping Center, on property located on the west side of Newburgh
Road, between Five Mile Road and Lancaster Avenue (15373
Newburgh Road), in the Southeast 1/4 of Section 18, which property is
zoned C-2, the Council does hereby concur in the recommendation
made by the City Planning Commission and Petition 2010-10-02-18 is
hereby approved and granted, subject to the following conditions
1 That this facility shall comply with all of the other special waiver
use standards and requirements pertaining to massage
establishments as set forth in Section 11 03(u) of Zoning
Ordinance No 543,
2 That this facility shall conform to the provisions set forth in
Chapter 5 49 of the Livonia Code of Ordinances pertaining to
massage establishments,
3 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,
4 That only conforming wall signage is approved with this petition,
and
5 The petitioner shall not engage in any form of solicitation for
business within the public right-of-ways of either Newburgh
Road or Five Mile Road
Regular Meeting Minutes of January 12, 2011 37775
#11-11 RESOLVED, that having considered a communication
from the City Clerk, dated December 20, 2010, forwarding an
application submitted by William Leung and Ya Jia Xu, d/b/a New Life
Acupressure and Massage, for a massage establishment license for
property located at 15373 Newburgh Road, and in accordance with
Chapter 5 49 of the Livonia Code of Ordinances, as amended, the
Council does hereby approve this request in the manner and form
herein submitted, subject to approval by the Police Department after
conducting a background check of the second owner of this massage
establishment; and the City Clerk is hereby requested to do all 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 Meakin, Laura, Toy, Brosnan, Schwartz, Pastor, and
McCann
NAYS None
A communication from the Department of Law, dated November 23,
2010, re forwarding a revised version of the proposed Ordinance to add Chapter 42
(Installation and Maintenance of Grease Interceptors, Discharge Prohibitions) to Title
13 of the Livonia Code of Ordinances, as amended, was received and placed on file
for the information of the Council (CR 362-10)
A communication from Team Schostak Family Restaurants, dated
November 22, 2010, re supporting the proposed Ordinance to add Chapter 42
(Installation and Maintenance of Grease Interceptors, Discharge Prohibitions) to Title
13 of the Livonia Code of Ordinances, as amended, was received and placed on file
for the information of the Council (CR 362-10)
Brosnan gave first reading to the following Ordinance
AN ORDINANCE ADDING CHAPTER 42 (INSTALLATION AND
MAINTENANCE OF GREASE INTERCEPTORS, DISCHARGE
PROHIBITIONS) TO TITLE 13 OF THE LIVONIA CODE OF
ORDINANCES, AS AMENDED
Regular Meeting Minutes of January 12, 2011 37776
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
An e-mail communication from Michael Elinsky, dated December 21,
2010, re questioning what constitutes a "hazardous waste" relative to the proposed
amendment to Section 380 of Title 13, Chapter 20 (Livonia Sewage Disposal
System) of the Livonia Code of Ordinances, as amended, was received and placed
on file for the information of the Council (CR 424-10)
Brosnan gave first reading to the following Ordinance
AN ORDINANCE AMENDING SECTION 380 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
A communication from the Engineering Division, dated December 14,
2010, re Administrative Response to CR 324-10 and CR 325-10 — grant funding
available to the City through the Wayne County Department of Public Service (DPS)
and the Great Lakes Restoration Initiative (GLRI) for Storm Water Management, was
received and placed on file for the information of the Council (CR 44-99)
Meakin gave first reading to the following Ordinance
AN ORDINANCE AMENDING SUBSECTIONS (b) AND (d) of
SECTION 18 42A OF ARTICLE XVIII OF ORDINANCE NO 543, AS
AMENDED, KNOWN AND CITED AS "THE CITY OF LIVONIA
ZONING ORDINANCE"
Regular Meeting Minutes of January 12, 2011 37777
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
A communication from the Engineering Division, dated January 6,
2011, re utility and site drainage issues pertaining to proposed lot split requested by
Angelo Mauti for Tax Item Nos 46-034-01-0009-008 and 46-034-01-0009-009,
located east of Wayne Road, south of Seven Mile Road, at 18901 Laurel, was
received and placed on file for the information of the Council
A communication from the Planning Department, dated January 5,
2011, re creation of Parcel "A" and how this parcel may be developed pertaining to
proposed lot split requested by Angelo Mauti for Tax Item Nos 46-034-01-0009-008
and 46-034-01-0009-009, located east of Wayne Road, south of Seven Mile Road,
at 18901 Laurel, was received and placed on file for the information of the Council
An e-mail communication from Erin Radley, dated December 29, 2010,
re expressing opposition to the proposed lot split requested by Angelo Mauti for Tax
Item Nos 46-034-01-0009-008 and 46-034-01-0009-009, located east of Wayne
Road, south of Seven Mile Road, at 18901 Laurel, was received and placed on file
for the information of the Council
An e-mail communication from Bob and Carol Stislicki, dated
December 29, 2010, re expressing opposition to the proposed lot split requested by
Angelo Mauti for Tax Item Nos 46-034-01-0009-008 and 46-034-01-0009-009,
located east of Wayne Road, south of Seven Mile Road, at 18901 Laurel, was
received and placed on file for the information of the Council
Regular Meeting Minutes of January 12, 2011 37778
An e-mail communication from Jerry and Barb Schwarz, dated
December 30, 2010, re expressing opposition to the proposed lot split requested by
Angelo Mauti for Tax Item Nos 46-034-01-0009-008 and 46-034-01-0009-009,
located east of Wayne Road, south of Seven Mile Road, at 18901 Laurel, was
received and placed on file for the information of the Council
An e-mail communication from Heather Shymanski, dated December
29, 2010, re expressing opposition to the proposed lot split requested by Angelo
Mauti for Tax Item Nos 46-034-01-0009-008 and 46-034-01-0009-009, located east
of Wayne Road, south of Seven Mile Road, at 18901 Laurel, was received and
placed on file for the information of the Council
A communication from Aimee M Dahl, dated January 3, 2011,
containing the signatures of residents opposing the proposed lot split requested by
Angelo Mauti for Tax Item Nos 46-034-01-0009-008 and 46-034-01-0009-009,
located east of Wayne Road, south of Seven Mile Road, at 18901 Laurel, was
received and placed on file for the information of the Council
On a motion by Meakin, seconded by Brosnan, it was
#12-11 RESOLVED, that having considered a communication
from the Assistant Assessor, dated December 8, 2010, approved for
submission by the Mayor, with regard to a request from Angelo Mauti,
17017 Doris, Livonia, Michigan 48154, and in accordance with the
provisions of 1967 PA 288, as amended, as well as Section 18 46 of
Ordinance 543, as amended, the Council does hereby determine to
deny the request for dividing Tax Item Nos 46-034-01-0009-008 and
46-034-01-0009-009 into three parcels since the same would be in
violation of the City's Zoning Ordinance and law, as well as for the
reason that the proposed lot split would not be consistent with good
planning and zoning practice
A roll call vote was taken on the foregoing resolution with the following result:
AYES Meakin, Brosnan, Schwartz, and McCann
Regular Meeting Minutes of January 12, 2011 37779
NAYS Laura, Toy, and Pastor
The President declared the resolution adopted
Mark Snitchler, 18527 Laurel, addressed Council to inquire if the proposed lot split
complied with the City's signage requirements and indicated the petitioner only
erected one sign on the subject property
On a motion by Toy, seconded by Pastor, and unanimously adopted, it
was
#13-11 RESOLVED, that having considered a communication
from the City Planning Commission, dated December 16, 2010, which
transmits its resolution 12-72-2010, adopted on December 14, 2010,
with regard to Petition 2010-10-02-17, submitted by Meijer Corporation
requesting waiver use approval to add a drive-thru pharmacy window
to the existing store within the Millennium Park Shopping Center, on
property located on the east side of Middlebelt Road, between the
railroad right-of-way and Schoolcraft Road (13000 Middlebelt 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 2010-10-02-17 is hereby approved
and granted, subject to the following conditions
1 That the Site Plan marked SK-1 dated December 10, 2010, as
revised, prepared by Meijer, is hereby approved and shall be
adhered to,
2 That the Partial North Exterior Elevation Plan marked Sheet
A201 Sketch 2 dated October 14, 2010, prepared by Paradigm
Design Inc , is hereby approved and shall be adhered to,
3 That the Partial West Exterior Elevation Plan marked Sheet
A201 Sketch 3 dated October 14, 2010, prepared by Paradigm
Design Inc , is hereby approved and shall be adhered to,
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 prior to installation, a determination be made by the
Inspection Department as to the adequacy of the fence and
bollards for separating and protecting pedestrians from vehicles
using the drive-up, and
Regular Meeting Minutes of January 12, 2011 37780
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
On a motion by Pastor, seconded by Toy, and unanimously adopted, it
was
#14-11 RESOLVED, that having considered a communication
from the Chief of Police, dated December 1, 2010, which bears the
signature of the Director of Finance and is approved for submission by
the Mayor, the Council does, for and on behalf of the City of Livonia,
accept a cash donation in the amount of $3,000 00 from the Target
Corporation, the same to be appropriated and credited to Account No
702 285-213 (Police Crime Prevention), for use in connection with
the 2011 Stomp Drugs Film Festival
There was no Audience Communication at the end of the meeting
On a motion by Toy, seconded by Laura, and unanimously adopted,
this 1,672nd Regular Meeting of the Council of the City of Livonia was adjourned at
835pm
Tera-A. Marecki, City Clerk