HomeMy WebLinkAboutCOUNCIL MINUTES 2010-03-24 37487
MINUTES OF THE ONE THOUSAND SIX HUNDRED FIFTY THIRD
REGULAR MEETING OF MARCH 24, 2010
On March 24, 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 Council Vice-President Laura led the meeting
with the Pledge of Allegiance
Roll was called with the following result: Joe Laura, Laura Toy,
Maureen Miller Brosnan, John Pastor, Brian Meakin, Terry Godfroid-Marecki, 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; Maureen Cosgrove, Assistant City Clerk, and Mayor Jack
Kirksey
On a motion by Toy, seconded by Pastor, it was
#91-10 RESOLVED, that the Minutes of the 1,652nd Regular
Meeting of the Council held March 10, 2010, are hereby approved as
submitted
A roll call vote was taken on the foregoing resolution with the following result:
AYES Laura, Toy, Brosnan, Pastor, Meakin, and Godfroid-
Marecki
NAYS None
PRESENT McCann
President McCann declared the resolution adopted
President McCann welcomed Dr Paul LaCasse, President and CEO of
Botsford Hospital Dr LaCasse announced that Botsford Hosptial has recently been
recognized by the American College of Surgeons in January, 2010, as a Level II
Trauma Center Dr LaCasse indicated Botsford is one of a few trauma centers in
the Wayne and Oakland County areas and proceeded with a brief PowerPoint
Regular Meeting Minutes of March 24, 2010 37488
presentation which outlined the importance of a trauma center The slides
enumerated Trauma Facts, the Golden Hour, the Trauma Center Designation, EMS
Transport Protocols, and Trauma Service Area for Botsford Hospital Dr LaCasse
concluded the presentation by stating the location and close proximity of Botsford
Hospital's Trauma Center is significant because it will help save lives for Livonia
residents and the surrounding communities
President McCann introduced Kerry Sutton, 8645 Creekwood Drive,
Canton, present on behalf of the Michigan Concrete Association Ms Sutton
indicated she was present to recognize Livonia for winning awards on two concrete
projects, performed by local contractors under the "Best Concrete Projects in
Michigan Recognition Program " Ms Sutton indicated the first category award was
for industrial roads and parking lots and was awarded for the Tech Center Drive
Pavement Reconstruction Project which was contracted out to DiLisio Contracting,
Inc and the engineering company for that project was Anderson, Eckstein and
Westrick, Inc
Ms Sutton further explained the second category award was for
restoration of residential streets and involved Hubbard, Lyndon and West Chicago
pavement maintenance projects completed by Galui Construction, Inc and the
engineering company for that project was also Anderson, Eckstein and Westrick,
Inc Ms Sutton offered congratulations to the City for the work performed on its
roads by doing reconstruction and rehabilitation and for conserving funds by being
creative and innovative Ms Sutton concluded by thanking Councilmembers for
their continued support and presented each individual Councilmember with a plaque
Councilmember Toy announced the recent passing of Angelo D'Orazio
and indicated Mr D'Orazio was a long-time resident and friend to the City and was
responsible for a great deal of many developments throughout the City including the
Italian-American Club In addition, Toy announced the passing of Representative
Tom Kelly and indicated it was important to recognize those who have helped the
Livonia community
Councilmember Godfroid-Marecki offered condolences to the family of
Dan Lessard, Board member for Livonia Public Schools, whose wife passed away
last week. Godfroid-Marecki also thanked Congressman McCotter for voting "no" on
the recent health care bill and thanked Attorney General Mike Cox for filing a lawsuit
against the health care bill on behalf of the State of Michigan Godfroid-Marecki
indicated the health care bill will most likely add to the negative status of the
Michigan economy
On a motion by Godfroid-Marecki, seconded by Meakin, and
unanimously adopted, it was
#92-10 RESOLVED, that the Council does hereby refer the
subject matter of the new health care bill and its impact on the City of
Regular Meeting Minutes of March 24, 2010 37489
Livonia to the Finance, Budget and Technology Committee for its
report and recommendation
Councilmember Brosnan reminded residents of the following upcoming
events Household Hazardous Waste Day scheduled for Saturday, March 27th, from
8 00 a m to 2 00 p m in Redford at 12200 Beech Daly Road, Livonia's 175th
Anniversary Celebration hosted by Bill Joyner at the Livonia Civic Center Library on
Sunday, March 28, 2010, from 1 00 p m to 4 00 p m , and the subject matter of the
proposed water improvements to be made throughout the City was scheduled to be
discussed at a Public Hearing on Monday, March 29, 2010, at 7 00 p m in the
Auditorium at City Hall
Vice-President Laura explained the position of City Clerk recently
became vacant and informed interested residents to submit their resume with a
Letter of Interest to the Council Office no later than noon on Friday, March 26, 2010
Laura indicated following review of the resumes received, the Council will conduct
interviews of selected individuals at next week's meeting
President McCann explained interviews for the Clerk's position would
take place on Wednesday, March 31, 2010, at 6 30 p m at the Committee of the
Whole meeting in Council Chambers Following the interview proceedings,
President McCann indicated Council will announce its decision at the Regular
Council meeting scheduled for Monday, April 12, 2010, but added that date was
subject to change if necessary
During Audience Communication, Ken Slusser, 36536 Roycroft,
Livonia, addressed Council and indicated he has been a resident in Livonia since
1955 Mr Slusser stated he is a member of the Livonia Hockey Association (LHA)
and announced the Livonia Girls 14U team for LHA is going to the National
Tournament following the State championship and the Girls 16U team was one
game short of going to Nationals Mr Slusser indicated he has spoken with the
Board of the LHA requesting residency restrictions be lifted for all girls hockey teams
and indicated he felt the girls teams should be equal to the boys teams
An e-mail communication from the Planning Department, dated March
2, 2010, forwarding the SDD License Availability Report prepared by the Michigan
Department of Energy, Labor & Economic Growth dated January 26, 2010, was
received and placed on file for the information of the Council (Petition 2009-10-02-
15)
On a motion by Laura, seconded by Brosnan, it was
RESOLVED, that having considered a communication from the City
Planning Commission, dated February 11, 2010, which transmits its
Regular Meeting Minutes of March 24, 2010 37490
resolution 02-11-2010, adopted on February 9, 2010, with regard to
Petition 2009-10-02-15, submitted by Six Mile Properties, L.L C
requesting waiver use approval to utilize an SDM License (sale of
packaged beer and wine) and an SDD license (sale of packaged spirits
over 21% alcohol) in connection with the demolition of the existing
building and the redevelopment of the entire site, including the
construction of a new building, on property located on the Northeast
corner of Farmington Road and Six Mile Road (17108 Farmington
Road), in the Southwest '/ of Section 10, which property is zoned C-2,
the Council does hereby refer this matter to the Committee of the
Whole for its report and recommendation
A roll call vote was taken on the foregoing resolution with the following result:
AYES Laura and Brosnan
NAYS Toy, Pastor, Meakin, Godfroid-Marecki, and McCann
The President declared the motion failed
On a motion by Meakin, seconded by Pastor, it was
#93-10 RESOLVED, that having considered a communication
from the City Planning Commission, dated February 11, 2010, which
transmits its resolution 02-11-2010, adopted on February 9, 2010, with
regard to Petition 2009-10-02-15, submitted by Six Mile Properties,
L L.0 requesting waiver use approval to utilize an SDM License (sale
of packaged beer and wine) and an SDD license (sale of packaged
spirits over 21% alcohol) in connection with the demolition of the
existing building and the redevelopment of the entire site, including the
construction of a new building, on property located on the Northeast
corner of Farmington Road and Six Mile Road (17108 Farmington
Road), in the Southwest 1/4 of Section 10, which property is zoned C-2,
the Council does hereby concur in the recommendation made by the
City Planning Commission and Petition 2009-10-02-15 is hereby
denied for the following reasons
1 That the petitioner has failed to affirmatively show that the
proposal is in compliance with all of the special and general
waiver use standards and requirements as set forth in Sections
11 03 and 19 06 of the Zoning Ordinance No 543,
2 That this area of the City is currently well served with existing
SDM and SDD licensed establishments,
3 That there is no demonstrated need for additional SDM and
SDD licensed establishments in this area of the City;
Regular Meeting Minutes of March 24, 2010 37491
4 That the petitioner has not sufficiently demonstrated that the
proposal would be compatible to and in harmony with
Lo
surrounding uses in the area,
5 That the petitioner has failed to adequately demonstrate that the
property has the capacity to accommodate the proposed use,
and
6 That the proposed use is contrary to the goals and objectives of
the Zoning Ordinance which, among other things, are intended
to ensure suitability and appropriateness of uses
A roll call vote was taken on the foregoing resolution with the following result:
AYES Toy, Brosnan, Pastor, Meakin, Godfroid-Marecki, and
McCann
NAYES Laura
The President declared the resolution adopted
On a motion by Toy, seconded by Brosnan, it was
RESOLVED, that having considered a communication from the City
Planning Commission, dated February 1, 2010, which transmits its
resolution 01-03-2010, adopted on January 26, 2010, with regard to
Petition 2009-12-02-18, submitted by Walgreen Company requesting
waiver use approval to utilize an SDM license (sale of packaged beer
and wine) in connection with a retail facility on property located on the
west side of Newburgh Road, between Mallory Drive and Six Mile
Road (17001 Newburgh Road), in the Northeast 1/4 of Section 18,
which property is zoned C-1, the Council does hereby reject the
recommendation made by the City Planning Commission and Petition
2009-12-02-18 is hereby denied for the following reasons
1 That the petitioner has failed to affirmatively show that the
proposed use is in compliance with all of the general waiver use
standards and requirements as set forth in Section 19 06 of the
Zoning Ordinance No 543,
2 That this area of the City is currently well served with existing
SDM licensed establishments,
3 There is no demonstrated need for additional SDM licensed
facilities in this area of the City;
4 That the petitioner has not sufficiently demonstrated that the
proposed use would be compatible to and in harmony with the
surrounding uses in the area, and
Regular Meeting Minutes of March 24, 2010 37492
5 That the proposal is contrary to the goals and objectives of the
Zoning Ordinance which, among other things, are intended to
insure suitability and appropriateness of uses
President McCann passed the gavel to Vice-President Laura at 8 50 p m to speak in
favor of the proposed waiver petition (Petition 2009-12-02-18)
On a motion by Pastor, seconded by Meakin, the following substitute
motion was offered
RESOLVED, that the Council does hereby refer the subject matter of
requests made by Walgreen Company to utilize SDM licenses at
various store locations throughout the City to the Committee of the
Whole for its report and recommendation
After much discussion, a roll call vote was taken on the proposed motion to
substitute with the following result:
AYES Pastor and McCann
NAYS Toy, Brosnan, Meakin, Godfroid-Marecki and Laura
Vice-President Laura declared the substitute motion failed
A roll call vote was then taken on the originally proposed resolution as follows
#94-10 RESOLVED, that having considered a communication
from the City Planning Commission, dated February 1, 2010, which
transmits its resolution 01-03-2010, adopted on January 26, 2010, with
regard to Petition 2009-12-02-18, submitted by Walgreen Company
requesting waiver use approval to utilize an SDM license (sale of
packaged beer and wine) in connection with a retail facility on property
located on the west side of Newburgh Road, between Mallory Drive
and Six Mile Road (17001 Newburgh Road), in the Northeast 1/4 of
Section 18, which property is zoned C-1, the Council does hereby
reject the recommendation made by the City Planning Commission
and Petition 2009-12-02-18 is hereby denied for the following reasons
1 That the petitioner has failed to affirmatively show that the
proposed use is in compliance with all of the general waiver use
standards and requirements as set forth in Section 19 06 of the
Zoning Ordinance No 543,
2 That this area of the City is currently well served with existing
SDM licensed establishments,
Regular Meeting Minutes of March 24, 2010 37493
3 There is no demonstrated need for additional SDM licensed
facilities in this area of the City;
4 That the petitioner has not sufficiently demonstrated that the
proposed use would be compatible to and in harmony with the
surrounding uses in the area, and
5 That the proposal is contrary to the goals and objectives of the
Zoning Ordinance which, among other things, are intended to
insure suitability and appropriateness of uses
with the following result:
AYES Toy, Brosnan, Pastor and Laura
NAYS Meakin, Godfroid-Marecki and McCann
Vice-President Laura declared the resolution adopted
Marcus Jones, Attorney representing Walgreen Company, 900 Fifth Third Building,
Grand Rapids, Michigan, was present to answer any questions of Council and to
explain Walgreen is simply asking for approval to ascertain their beer and wine
license to accommodate customers' requests for same (Petition 2009-12-02-18)
Jim Prieskorn, 20446 Hubbard, Livonia, addressed Council to inquire why it would
consider approval of the Waiver Petition as submitted by Walgreen Company for the
location in question and indicated he felt residents were adequately served by
sufficient beer and wine sales within the community (Petition 2009-12-02-18)
President McCann resumed the gavel at 9 02 p m
An e-mail communication from Mary Ellen Stiem, dated March 11,
2010, and response from the Office of the Mayor, dated March 15, 2010, re
McLaren Performance Technologies and their request for a change of zoning of
property located at 32233 Eight Mile Road, was received and placed on file for the
information of the Council (Petition 2009-11-01-02)
A petition signed by five (5) residents, received on March 19, 2010, re
in opposition to the proposed change of zoning by McLaren Performance
Technologies for property located at 32233 Eight Mile Road, was received and
placed on file for the information of the Council (Petition 2009-11-01-02)
Regular Meeting Minutes of March 24, 2010 37494
A communication from the Department of Law, dated March 19, 2010,
re proposed amendment to Zoning Ordinance No 543 relating to a request
submitted by McLaren Performance Technologies for property located at 32233
Eight Mile Road, was received and placed on file for the information of the Council
(Petition 2009-11-01-02)
A communication from the Livonia Chamber of Commerce, dated
March 22, 2010, in support of the rezoning request submitted by McLaren
Performance Technologies for property located at 32233 Eight Mile Road, was
received and placed on file for the information of the Council (Petition 2009-11-01-
02)
A communication from McLaren Performance Technologies, dated
March 23, 2010, forwarding a site plan, a photometric study concerning lighting, and
a letter signed by six (6) of their employees that are Livonia residents indicating their
support of the rezoning request for property located at 32233 Eight Mile Road, was
received and placed on file for the information of the Council (Petition 2009-11-01-
02)
Meakin gave first reading to the following Ordinance
AN ORDINANCE AMENDING SECTION 3 OF THE ZONING MAP OF
THE CITY OF LIVONIA AND AMENDING ARTICLE III OF
ORDINANCE NO 543, AS AMENDED, KNOWN AND CITED AS "THE
CITY OF LIVONIA ZONING ORDINANCE" BY ADDING SECTION
3 THERETO (Petition 2009-11-01-02)
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
Regular Meeting Minutes of March 24, 2010 37495
On a motion by Toy, seconded by Laura, it was
RESOLVED, that having considered a communication from the City
Planning Commission, dated February 1, 2010, which sets forth its
resolution 01-01-2010 adopted on January 26, 2010 with regard to
Petition 2009-11-01-02, submitted by McLaren Performance
Technologies for a change of zoning of property located on the south
side of Eight Mile Road between Parker Avenue and Hubbard Road
(32233 Eight Mile Road), in the Northeast % of Section 3, from R-3 to
P (One Family Residential — 80' x 120' Lots to Parking), and the
Council having conducted a Public Hearing with regard to this matter
on Monday, March 8, 2010, the Council does hereby refer this matter
to the Committee of the Whole for its report and recommendation
A roll call vote was taken on the proposed resolution with the following result:
AYES Laura and Toy
NAYS Brosnan, Pastor, Meakin, Godfroid-Marecki, and
McCann
The President declared the motion failed
Ralph Martin, 20366 Hubbard, Livonia, spoke in opposition to the rezoning petition
and suggested additional landscaping and requirement of a berm to aid in limiting
noise and sight of the proposed expansion of the parking lot on the subject property
(Petition 2009-11-01-02)
Jim Prieskorn, 20446 Hubbard, Livonia, spoke in opposition to the rezoning petition
and indicated the proposed expansion will negatively impact home market values
that neighbor McLaren and requested an opportunity to see the revised site plan as
submitted to Council by the petitioner (Petition 2009-11-01-02)
Mary Steen, 9924 Melrose, Livonia, spoke in favor of the rezoning petition and
indicated she has been employed with McLaren for ten years and the company
requires the additional parking spaces to accommodate new employees recently
hired (Petition 2009-11-01-02)
James Brossard, 20391 Parker, Livonia, indicated to Council he has been a Livonia
resident for 45 years and stated he felt a berm would be helpful and spoke in favor
of the proposed rezoning petition (Petition 2009-11-01-02)
Robert Austin, 20306 Hubbard, Livonia, thanked Council and the Administration for
their assistance and cooperation in considering the proposed rezoning petition
(Petition 2009-11-01-02)
Regular Meeting Minutes of March 24, 2010 37496
Mike Horton, 20414 Hubbard, Livonia, thanked Council for their assistance and
cooperation in considering the proposed rezoning petition and indicated he would
like the same consideration from the City's Administration (Petition 2009-11-01-02)
On a motion by Toy, seconded by Godfroid-Marecki, and unanimously
adopted, it was
#95-10 RESOLVED, that having considered a communication
from the City Planning Commission, dated February 1, 2010, which
sets forth its resolution 01-02-2010 adopted on January 26, 2010, with
regard to Petition 2009-11-01-03, submitted by Kucyk, Soave and
Fernandes, P L.L.0 for a change of zoning of property located on the
west side of Henry Ruff Road between Schoolcraft Road and Lyndon
Avenue (14401 Henry Ruff), in the Southwest '/4 of Section 23 from
RUF to R-3 (Rural Urban Farm — 1/2 Acre Lots to One Family
Residential — 80' x 120' Lots), and the Council having conducted a
Public Hearing with regard to this matter on Monday, March 8, 2010,
the Council does hereby approve Petition 2009-11-01-03 for
preparation of the Ordinance for submission to Council, and the City
Planner is hereby instructed to cause the necessary map for
publication to be prepared indicating the zoning change herein
approved and to furnish the same to the Department of Law and, upon
receipt of such map, the Department of Law is requested to prepare an
Ordinance amending Ordinance No 543, as amended, in accordance
with this resolution
Cindy Swintek, 14390 Henry Ruff, Livonia, expressed concern and spoke in
opposition to the rezoning petition submitted relative to property located at 14401
Henry Ruff (Petition 2009-11-01-03)
There was no Audience Communication at the end of the meeting
President McCann reminded residents of the 175th Anniversary
Celebration of Livonia as a Township and indicated Livonia will celebrate its 60th
Birthday this year McCann stated the Anniversary Celebration is scheduled to take
place on Sunday, March 28, 2010, from 1 00 p m to 4 00 p m at the Civic Center
Library and encouraged residents to attend
On a motion by Brosnan, seconded by Laura, it was
#96-10 RESOLVED, that the Council does hereby refer the
subject of combining the Clerk and Treasurer's office specifically, the
preparation of a timeline, changing the language in the Charter if the
departments are combined, and the procedure for putting this matter
on the ballot to the Department of Law for its report and
recommendation
Regular Meeting Minutes of March 24, 2010 37497
After much discussion concerning the matter, a roll call vote was taken on the
foregoing resolution with the following result:
AYES Laura, Toy, Brosnan, Pastor, Godfroid-Marecki, and
McCann
NAYS Meakin
The President declared the resolution adopted
On a motion by Brosnan, seconded by Laura, it was
#97-10 RESOLVED, that the Council does hereby refer the
subject of combining the Clerk and Treasurer's office to the Economic
Development, Community Outreach and Strategic Planning Committee
for its report and recommendation
After much discussion concerning the matter, a roll call vote was taken on the
foregoing resolution with the following result:
AYES Laura, Toy, Brosnan, Godfroid-Marecki, and McCann
NAYS Pastor and Meakin
The President declared the resolution adopted
On a motion by Brosnan, seconded by Toy, it was
RESOLVED, that the Council does hereby refer the subject of the
removal of the assignment of a car to the City Clerk to the
Administration for its report and recommendation
After much discussion concerning the matter, a roll call vote was taken on the
foregoing resolution with the following result:
AYES Laura, Toy, and Brosnan
NAYS Pastor, Meakin, Godfroid-Marecki, and McCann
The President declared the motion failed
Mayor Kirksey addressed Council to express his appreciation for the
suggestions offered by Council and indicated he felt it was unfortunate in this forum
to concentrate on a particular position, but advised Council a plan has been put in
place to recover many of the 24/7 City vehicles Mayor Kirksey concluded he felt it
was unfortunate the discussions by Council had taken a personal turn during the
course of the meeting
Regular Meeting Minutes of March 24, 2010 37498
On a motion by Meakin, seconded by Toy, and unanimously adopted,
this 1,653`d Regular Meeting of the Council of the City of Livonia was adjourned at
1005pm
1,0-4.9)//e/)‘- —
Maur-en Cosgrove, Assistaik City Clerk