HomeMy WebLinkAboutCOUNCIL MINUTES 2010-07-07 37613
MINUTES OF THE ONE THOUSAND SIX HUNDRED SIXTIETH
REGULAR MEETING OF JULY 7, 2010
Lu On July 7, 2010, 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, John Pastor, and James McCann Absent:
Conrad Schwartz.
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 Toy, seconded by Brosnan, and unanimously adopted,
it was
#234-10 RESOLVED, that the Minutes of the 1,659th Regular
Meeting of the Council held June 21, 2010, are hereby approved as
submitted
President McCann announced there would be a Public Hearing held on
Wednesday, July 21, 2010, at 7 00 p m in the Auditorium of Livonia City Hall, 33000
Civic Center Drive, Livonia, MI as follows
Robert Sakuta, President, Delta Research Corp , is requesting
approval of an Industrial Facilities Exemption Certificate for the
purchase of various machinery and equipment for their facility located
at 32791 Capitol, Livonia, MI 48150 (Industrial Development District
#80)
Toy announced Congressman Thaddeus McCotter would be hosting
the 27th Annual Ice Cream Social put on by the McCotter family on Monday, July 12,
2010, from 11 30 a m to 1 30 p m at the Civic Center Park located just east of the
Livonia Senior Center Toy stated the event will have raffles and prizes as well as
Guernsey ice cream and indicated local politicians such as Congressman McCotter
and his mother, Joan McCotter, former City Clerk, will be on hand to mingle with
residents and serve up ice cream
Regular Meeting Minutes of July 7, 2010 37614
President McCann announced the 338th Army Band will be performing
the next scheduled "Concert in the Park" on Saturday, July 10th, from 7 00 p m to
9.00 p m on the steps of City Hall to honor veterans and those currently serving our
country President McCann indicated band members performing are stationed here
in Livonia and also in Whitehall, Ohio, and encouraged residents to bring their
chairs, blankets and picnic baskets to enjoy the concert. President McCann stated
in case of inclement weather, the concert would be performed at the Livonia
Community Recreation Center
Mayor Kirksey addressed Council to inform Council and residents that
the Livonia Community Recreation Center has served as a cooling venue and
warming center during extreme weather situations in the summer and winter and is
available for use by residents who encounter emergency situations, are without
power, or their air conditioning and/or furnaces are not working properly Mayor
Kirksey also informed Council and residents of the recent filming of the movie
"Scream 4" which took place at the old courthouse building Mayor Kirksey reported
the filming company will be responsible for restoring the building to how it looked
before filming began and indicated the film crew did not have plans to return at this
point in time Mayor Kirksey reported the filming of a major movie in Livonia was an
exciting event but indicated it does not dictate the future use of the former Court
building
There was no Audience Communication at the beginning of the
meeting
A communication from the Department of Law, dated June 25, 2010,
re regulation of massage therapists and apprentices and House Bill 5926, was
received and placed on file for the information of the Council (CR 77-09)
On a motion by Pastor, seconded by Meakin, it was
#235-10 RESOLVED, that having considered an application from
Tavia Burgess and Scott Wenzel, 35259 Leon, dated June 8, 2010,
requesting permission to close Leon between Yale and Parkdale on
Saturday, August 7, 2010, from 3 00 p m to 9 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 8, 2010, in the event of inclement weather, the action
taken herein being made subject to the approval of the Police
Department.
#236-10 RESOLVED, that having considered an application from
James P Rumrill, 14406 Brentwood, dated June 16, 2010, requesting
permission to close Brentwood between Jacquelyn and Meadowlark on
Saturday, August 21, 2010, from 1 00 pm to 10 00 p m for the
purpose of conducting a block party, the Council does hereby grant
Regular Meeting Minutes of July 7, 2010 37615
permission as requested, including therein permission to conduct the
said affair on Sunday, August 22, 2010, in the event of inclement
weather, the action taken herein being made subject to the approval of
the Police Department.
#237-10 RESOLVED, that having considered a letter from
Suzanne Boyd, Franciscan Studios Manager, Madonna University,
received in the Office of the City Clerk on June 14, 2010, which
requests permission to waive Section 8 32 070 (Noise Control) of the
Livonia Code of Ordinances, in connection with a live outdoor world
music concert, which will take place at Madonna University on
Saturday, July 10, 2010, between the hours of 3 00 p m and 9 00
p m , the Council does hereby grant and approve this request in the
manner and form herein submitted
#238-10 RESOLVED, that having considered a letter from Enrico
E Soave, Esq , dated June 15, 2010, which requests permission to
waive Section 8 32 070 (Noise Control) of the Livonia Code of
Ordinances, as amended, to allow a private outdoor tent event at Doc's
Sports Retreat, LLC, located at 19265 Victor Parkway, scheduled for
Friday, September 24, 2010, the Council does hereby determine to
waive Section 8 32 070 (Noise Control) of the Livonia Code of
Ordinances between the hours of 3 00 p m and 11 30 p m in
connection with this event scheduled for Friday, September 24, 2010
#239-10 RESOLVED, that having considered the report and
recommendation of the Chief of Police, dated June 15, 2010, which
bears the signature of the City Attorney and the Director of Finance
and is approved for submission by the Mayor, the Council does hereby
authorize the purchase of one (1) replacement marked Police vehicle
(to replace a 2007 Crown Victoria that was totaled in a crash) from
Signature Ford, 1960 E Main Street, Owosso, Michigan 48867, in the
amount of $20,636 00, FURTHER, the Council does hereby authorize
an expenditure from funds received in an insurance settlement from
MMRMA in the total amount of $9,925 00 for this purpose, FURTHER,
the Council does hereby authorize an expenditure from funds received
from Weller Salvage/BWB Transport, Inc. in the total amount of
$1,000 00 for this purpose, FURTHER, the Council does hereby
authorize an additional expenditure in an amount not to exceed
$9,711 00 from funds already budgeted in Account No 401-000-985-
000 for this purpose, FURTHER, the Council does hereby determine to
authorize the said purchase without competitive bidding inasmuch as
the same is based upon the low Macomb County consortium bid and
such action is taken in accordance with the provisions set forth in
Section 3 04 140 D 4 of the Livonia Code of Ordinances, as amended
#240-10 RESOLVED, that having considered a communication
from the Director of Community Resources, dated June 16, 2010,
REVISED
Regular Meeting Minutes of July 7, 2010 37616
which bears the signature of the City Attorney and the Director of
Finance and is approved for submission by the Mayor, and to which is
attached an agreement between the City of Livonia and Wayne County
Office of Senior Citizen Services for the distribution of U S D.A. TEFAP
commodities to low income residents through September 30, 2012, the
Council does hereby authorize the Mayor and City Clerk, for and on
behalf of the City of Livonia, to execute the said agreement in the
manner and form herein submitted, as well as to do all other things
necessary or incidental to the full performance of this resolution
A communication from the Office of the City Clerk,dated June 14,2010, re:communication
from the Secretary of the Board of Education requesting that their tax levy be collected as a Summer
tax and that their two(2) millage rates be identified separately on property tax bills re:Wayne County
Regional Educational Service Agency (RESA)for the year 2010, was received and placed on file for the
information of the Council.
#241-10 RESOLVED, that having considered a communication
from the City Planning Commission, dated June 15, 2010, which
transmits its resolution 06-36-2010, adopted on June 8, 2010, with
regard to a Sign Permit Application submitted by Advance Auto Parts,
requesting approval for wall signage for a tenant unit in the Woodland
Plaza Shopping Center, on property located on the north side of
Plymouth Road between Middlebelt Road and Sears Drive (30200
Plymouth Road) in the Southeast 1/4 of Section 26, the Council does
hereby concur in the recommendation of the Planning Commission and
Petition 2010-05-SN-02 is hereby approved and granted, subject to the
following conditions
1 That the petitioner shall be allowed the opportunity to seek a
second wall sign upon review and approval by the Zoning Board
of Appeals, provided that the total combined area of both wall
signs shall not exceed 123 square feet, and further provided
that in no case shall the size of either sign exceed 90 square
feet;
2 That no LED lightband or exposed neon shall be permitted on
the building or around the windows, and
3 That the signage shall not be illuminated beyond one (1) hour
after this business center closes
#242-10 RESOLVED, that having considered a communication
from the City Planning Commission, dated June 15, 2010, which
transmits its resolution 06-37-2010 adopted on June 8, 2010, with
regard to Petition 2010-04-02-06 submitted by Lone Pine Corral, Inc
requesting approval of site landscaping, lighting and building elevation
Regular Meeting Minutes of July 7, 2010 37617
changes, as required by Planning Commission resolution 05-28-2010,
in connection with a full service restaurant (Time Out Bar & Grill) on
property located on the north side of Plymouth Road between Levan
Road and Newburgh Road (36480 Plymouth Road), in the Southwest
1/4 of Section 29, which previously received City Council approval on
June 9, 2010, pursuant to Council Resolution 195-10, the Council does
hereby concur in the recommendation of the Planning Commission and
Petition 2010-04-02-06 is hereby approved and granted, subject to the
following conditions
1 That the Exterior Building Elevation Plan submitted by Lone
Pine Corral, Inc as received by the Planning Commission on
May 21, 2010, is hereby approved and shall be adhered to,
2 That the Landscape Plan submitted by Lone Pine Corral, Inc as
received by the Planning Commission on June 7, 2010, is
hereby approved and shall be adhered to,
3 That all existing landscaped areas shall be cleaned up, re-
managed and permanently maintained in a healthy condition,
4 That the landscape areas along this property's Plymouth Road
street frontage shall be planted and coordinated according to
the Plymouth Road Development Authority's (PRDA) directions
and specifications,
5 That underground sprinklers are to be provided for all
landscaped and sodded areas and all planted materials shall be
installed to the satisfaction of the Inspection Department and
thereafter permanently maintained in a healthy condition,
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 plans referenced in this approving resolution shall be
submitted to the Inspection Department at the time of
application for the Certificate of Occupancy amendment; 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
Regular Meeting Minutes of July 7, 2010 37618
A roll call vote was taken on the foregoing resolutions with the following result:
AYES Meakin, Laura, Toy, Brosnan, Pastor, and McCann
NAYS None
A communication from Joan Anderberg, Manager of Business
Licensing for Target Corporation, 1000 Nicollet Mall, Minneapolis, Minnesota, dated
July 7, 2010, re background information and supporting documentation concerning
request for a new SDM license for the Target store located at 20100 Haggerty Road,
was received and placed on file for the information of the Council
On a motion by Brosnan, seconded by Laura, it was
#243-10 RESOLVED, that having considered a letter from the
Michigan Liquor Control Commission dated March 29, 2010, and the
report and recommendation from the Chief of Police dated June 15,
2010, in connection therewith, approved for submission by the Mayor,
the Council does hereby determine that it has no objection to and does
recommend approval of the request from Target Corporation (a
Minnesota corporation) for a new SDM license to be located at 20100
Haggerty, 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
A roll call vote was taken on the foregoing resolution with the following result:
AYES Toy, Brosnan, Pastor, and McCann
NAYS Meakin and Laura
The President declared the resolution adopted
Jennifer Heidison, Target Corporation, 2701 Ivy Hill, Commerce Township, MI, was
present to answer any questions of Council and thanked Council for their time and
consideration
On a motion by Brosnan, seconded by Pastor, it was
#244-10 RESOLVED, that having considered a communication
from the Director of the Housing Commission, dated June 18, 2010,
approved for submission by the Mayor, requesting approval to fast
track Neighborhood Stabilization Program (NSP) eligible projects in
order to obtain additional recaptured funding from the Michigan State
Regular Meeting Minutes of July 7, 2010 37619
Housing Development Authority (MSHDA) to support our local
foreclosure initiatives in Livonia neighborhoods, the Council does
hereby approve this request to obtain additional recaptured NSP
funding from MSHDA in an amount up to $1,174,800 00 to support
local foreclosure initiatives in Livonia neighborhoods, FURTHER, the
proposed activities are consistent with the local community
development plan and/or have local support; FURTHER, no project
costs (NSP and Non-NSP) will be incurred prior to a formal grant
award, completion of the environmental review procedures and formal,
written authorization to incur costs is received from MSHDA, and the
Mayor and the Director of Housing are hereby authorized to execute
appropriate grant Agreements as required by MSHDA for this purpose
A roll call vote was taken on the foregoing resolution with the following result:
AYES Meakin, Toy, Brosnan, Pastor, and McCann
NAYS Laura
The President declared the resolution adopted
On a motion by Toy, seconded by Meakin, it was
RESOLVED, that having considered a communication
from the City Planning Commission, dated June 9, 2010, which
transmits its resolution 06-34-2010, adopted on June 8, 2010, with
regard to Petition 2010-04-02-09, submitted by J&M Beverages, Inc
requesting waiver use approval to utilize an SDM Liquor License (sale
of packaged beer and wine) and an SDD Liquor License (sale of
packaged spirits over 21% alcohol) on property located on the north
side of Plymouth Road between Stark Road and Belden Court (34730
Plymouth Road), in the Southwest 1/4 of Section 28, which property is
zoned C-1, the Council does hereby concur in the recommendation
made by the City Planning Commission and Petition 2010-04-02-09 is
hereby approved and granted, subject to the following conditions
1 That the proposed use complies with all of the special and
general waiver use standards and requirements as set forth in
Sections 10 03 and 19 06 of the Zoning Ordinance No 543,
2 That a security device such as a locked case or a closed off
counter shall be provided to restrict public access to SDD
products, as stipulated in Section 10 03(g)(4) of the Zoning
Ordinance,
3 That the issues noted in the correspondence dated May 28,
2010, from the Inspection Department shall be rectified to that
department's satisfaction, and
Regular Meeting Minutes of July 7, 2010 37620
4 That replacement trees shall be planted at the southeast and
southwest corners of the property per the review and approval
of the Planning Department. Such trees shall be installed prior
to the final inspection by the Inspection Department.
Toy and Meakin withdrew their motions on the foregoing resolution
President McCann indicated Agenda Item #12 would be removed from the Agenda
and rescheduled for the next Regular meeting of the Council
On a motion by Meakin, seconded by Pastor, and unanimously
adopted, it was
#245-10 RESOLVED, that having considered a communication
from the City Planning Commission, dated June 11, 2010, which
transmits its resolution 06-35-2010, adopted on June 8, 2010, with
regard to Petition 2010-05-02-10, submitted by Schultz Auto Brokers,
Inc requesting waiver use approval for the outdoor storage of
recreational vehicles on property located on the west side of Stark
Road, between the railroad right-of-way and Schoolcraft Road (12641
Stark Road), in the Northeast 1/4 of Section 28, which property is zoned
M-1, the Council does hereby concur in the recommendation made by
the City Planning Commission and Petition 2010-05-02-10 is hereby
approved and granted, subject to the following conditions
1 That the Site Plan submitted by Schultz Auto Brokers as
received by the Planning Commission on May 13, 2010, is
hereby approved and shall be adhered to,
2 That the outdoor storage of recreational vehicles and
commercial vehicles shall be limited to the rear yard storage
area as identified and designated on the above-referenced Site
Plan and shall be maintained in an orderly manner;
3 That the storage yard shall be hard surfaced with crushed rock
or gravel prior to the issuance of the Certificate of Occupancy by
the Inspection Department and shall be maintained in a dust
proof condition, and said storage area shall be properly graded
and drained to dispose of all surface water in a manner as
approved by the Engineering Division,
4 That the entire area utilized for recreational and commercial
vehicle storage shall be enclosed by a fence of a type approved
by the Inspection Department;
5 That there shall be no outdoor storage of vehicle parts, scrap
material and debris in connection with this use,
Regular Meeting Minutes of July 7, 2010 37621
6 That adequate and properly directed lighting facilities, not
exceeding 30 feet in height, shall be provided for the illumination
of the storage area,
7 That the visitor and employee parking spaces shown on the site
plan shall be double striped, including the provision of barrier
free parking, and all regular parking spaces shall be 10 feet by
20 feet in size as required,
8 That all existing landscaped areas shall be cleaned up, re-
managed and permanently maintained in a healthy condition,
9 That the issues as outlined in the correspondence dated May
24, 2010, from the Livonia Fire and Rescue Division shall be
resolved to the satisfaction of the Inspection Department and/or
the Engineering Division, and
10 That the plan referenced in this approving resolution shall be
submitted to the Inspection Department at the time of
application for the Certificate of Occupancy
On a motion by Meakin, seconded by Toy, it was
#246-10 RESOLVED, that having considered a communication
from the City Planning Commission, dated June 11, 2010, which
transmits its resolution 06-35-2010, adopted on June 8, 2010, with
regard to Petition 2010-05-02-10, submitted by Schultz Auto Brokers,
Inc requesting waiver use approval for the outdoor storage of
recreational vehicles on property located on the west side of Stark
Road, between the railroad right-of-way and Schoolcraft Road (12641
Stark Road), in the Northeast 1/4 of Section 28, which property is zoned
M-1, the Council does hereby waive the requirement that entire lot be
hard surfaced with concrete or a plant-mix bituminous material, as
provided for under Section 16 11(d)(3) of Zoning Ordinance No 543,
as amended, in connection with the approval of waiver use Petition
2010-05-02-10
A roll call vote was taken on the foregoing resolution with the following result:
AYES Meakin, Laura, Toy, Brosnan, Pastor, and McCann
NAYS None
The President declared the resolution adopted
On a motion by Pastor, seconded by Toy, and unanimously adopted, it
s
lr was
Regular Meeting Minutes of July 7, 2010 37622
#247-10 RESOLVED, that having considered a communication
from the City Planning Commission, dated May 13, 2010, which sets
forth its resolution 05-27-2010 adopted on May 11, 2010, with regard
to Petition 2010-02-01-01, submitted by Dr Nabil Suliman for a change
of zoning of property located on the west side of Farmington Road
between Curtis Road and Seven Mile Road (Lots 98 through 106 of
Seven Mile Road Super Highway Subdivision), in the Northeast 1/4 of
Section 9, from R-3 to OS (One Family Residential — 80' x 120' Lots to
Office Services), and the Council having conducted a public hearing
with regard to this matter on Monday, June 21, 2010, the Council does
hereby refer this matter to the Committee of the Whole for its report
and recommendation
On a motion by Pastor, seconded by Meakin, and unanimously
adopted, it was
#248-10 RESOLVED, that having considered a communication
from the Director of Finance, dated June 15, 2010, approved for
submission by the Mayor, the Council does hereby determine to
conduct a Public Hearing on Monday, October 4, 2010, at 7 00 p m at
the Livonia City Hall, 33000 Civic Center Drive, Livonia, Michigan, with
respect to the Annual Budget for the fiscal year ending on November
30, 2011, and the City Clerk shall give adequate public notice of said
Public Hearing in accordance with provisions of law and City Charter
On a motion by Pastor, seconded by Toy, and unanimously adopted, it
was
#249-10 RESOLVED, that having considered a communication
from the Director of Finance, dated June 15, 2010, approved for
submission by the Mayor, the Council does hereby refer the subject of
the Annual Budget for the fiscal year ending on November 30, 2011,to
the Finance, Budget and Technology Committee for its report and
recommendation
There was no Audience Communication at the end of the meeting
On a motion by Pastor, seconded by Meakin, and unanimously
adopted, this 1,660th Regular Meeting of the Council of the City of Livonia was
adjourned at 8 23 p m
Terry)A. Marecki, City Clerk