HomeMy WebLinkAboutCOUNCIL MINUTES 2009-07-20 37240
MINUTES OF THE ONE THOUSAND SIX HUNDRED THIRTY SEVENTH
REGULAR MEETING OF JULY 20, 2009
On July 20, 2009, 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 03 p m Councilmember Robinson led the meeting with the Pledge of
Allegiance
Roll was called with the following result: Thomas Robinson, James
McCann, Joe Laura, John Pastor, Brian Meakin, and Laura Toy Absent: Terry
Godfroid-Marecki
Elected and appointed officials present: Todd Zilincik, City Engineer;
Karen Tesner, Director of Legislative Affairs, Mark Taormina, City Planner; Don
Knapp, City Attorney; Linda Grimsby, City Clerk, and Mayor Jack Kirksey
On a motion by Pastor, seconded by Laura, and unanimously adopted,
it was
#298-09 RESOLVED that the Minutes of the 1,636th Regular
Meeting of the Council held July 8, 2009 are hereby approved as
submitted
President Toy announced the Livonia Youth Commission has
partnered with the Livonia Goodfellows to collect donations of school supplies for
low-income families President Toy stated all donations can be dropped off on the
Fifth Floor of City Hall, Community Resources, through the end of August. Monetary
donations in the form of checks should be made payable to the "Livonia Youth
Commission" President Toy stated any inquiries should be directed to Community
Resources at (734) 466-2540
President Toy announced the Bentley High School Concert Choirs'
"Homecoming Celebration" will be held Saturday, November 29, 2009, at Burton
Manor President Toy indicated any questions can be directed to Tommi Mozier
West at (734) 421-5795 or Lawrence Zane at (734) 347-8810 President Toy also
indicated further information is available at the website of www.bentleychoirs.com or
by contacting bentlevconcertchoirsyahoo.com
Regular Meeting Minutes of July 20, 2009 37241
Meakin congratulated Dan West and the entire staff of the Livonia
Chamber of Commerce for hosting an excellent golf outing at Whispering Willows
earlier that day Meakin indicated the event had an outstanding turn out and the
Chamber sold tickets to 124 golfers Meakin thanked the business community for
coming together to help the Chamber in this annual event and stated proceeds from
the outing go toward funding Administrative expenses of running the Chamber
President Toy announced there would be an "X" item discussed at the
end of the meeting regarding a request from President Toy to schedule a Closed
Committee of the Whole meeting to discuss consideration of salary and fringe
benefit adjustments for the classification of Fire Chief for the period December 1,
2008, through November 30, 2012
During Audience Communication, Tim Gerigk, 30200 Seven Mile
Road, Livonia, addressed Council to request a waiver of the City's Noise Ordinance
for an outdoor wedding reception to be held at his future in-laws' home on Saturday,
August 1, 2009, and presented to Council a letter dated July 20, 2009, outlining the
details of the event.
On a motion by Laura, seconded by McCann, and unanimously
adopted, it was
#299-09 RESOLVED, that having considered a letter from Tim
Gerigk, dated July 20, 2009, regarding allowing a DJ to perform at the
home of Stephen and Jean MacDonald, 30200 Seven Mile Road, in
connection with a backyard wedding reception scheduled for Saturday,
August 1, 2009, the Council does hereby determine to waive Section
8 32 070 (Noise Control) of the Livonia Code of Ordinances with the
understanding that this approval is limited to no later than 11 30 p m in
connection with this event to be held on Saturday, August 1, 2009
Mayor Kirksey addressed Council to announce Albert Margolin, owner
of Livonia Hardware, passed away last week. Mayor Kirksey indicated the Margolin
family will continue to run the hardware store and will be handled by Dan and Larry
In addition, Mayor Kirksey wanted to take a moment to make a
personal announcement about his wedding anniversary Mayor Kirksey indicated he
and his wife, Patricia, celebrated their 56th wedding anniversary last Saturday
Mayor Kirksey added his daughter, Amy, celebrated her birthday the same day
On a motion by Meakin, seconded by Pastor, it was
#300-09 RESOLVED, that having considered an application from
Denise Justice, 32449 Washington, dated June 25, 2009, requesting
permission to close Washington between Hubbard and Indiana on
Regular Meeting Minutes of July 20, 2009 37242
Saturday, August 1, 2009, 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 Saturday, August 22, 2009, in the event of inclement
weather, the action taken herein being made subject to the approval of
the Police Department.
#301-09 RESOLVED, that having considered an application from
Dawn Nowicki, 30905 Orangelawn, dated June 26, 2009, requesting
permission to close Orangelawn between Denne and Sunset on
Saturday, August 29, 2009, 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, the action taken herein being made subject
to the approval of the Police Department.
#302-09 RESOLVED, that having considered an application from
Andy Magar, 17515 Doris, dated July 6, 2009, requesting permission
to close Sunset between Bobrich and Jeanine on Saturday, September
12, 2009, from 2 00 p m to 1000 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 13, 2009, in the event of inclement weather, the action
taken herein being made subject to the approval of the Police
Department.
#303-09 RESOLVED, that having considered a letter from Patty
Schaldenbrand, received in the Office of the City Clerk on July 2, 2009,
requesting a waiver of the sidewalk requirement in front of a newly-
constructed home located at 11810 Alois Street, the Council does
hereby approve this request inasmuch as omitting the sidewalk on the
subject property would have no detrimental effect upon the neighboring
properties at this time due to lack of any other public sidewalks existing
within the neighboring area, FURTHER, the Council does hereby
reserve the right to require sidewalks at this location in the event that
additional sidewalks are installed in this area at some future date
A communication from the Office of the City Clerk, dated July 1, 2009,
forwarding the tax rate for Clarenceville School District for the 2009-2010 school
year as approved by the Board of Education on June 25, 2009, was received and
placed on file for the information of the Council
A communication from the Office of the City Clerk, dated July 2, 2009,
Regular Meeting Minutes of July 20, 2009 37243
forwarding the tax rate for Livonia Public Schools for the 2009-2010 school year as
Iwo approved by the Board of Education on June 29, 2009, was received and placed on
file for the information of the Council
#304-09 RESOLVED, that having considered the report and
recommendation of the City Engineer, dated July 1, 2009, which bears
the signature of the Director of Finance, is approved by the Director of
Public Works and approved for submission by the Mayor, the Council
does hereby approve a Change Order to Contract 09-A in the amount
of $698,115 57 payable to Hayball Transport, Inc , 12550 Farmington
Road, Livonia, Michigan 48150, for reconstruction of Victor Parkway
from Seven Mile Road north to Pembroke Avenue and the
reconstruction of Hees Avenue from Nevada Avenue east to Nebraska
Avenue in connection with the 2009 Road Program Project previously
authorized in Council Resolution 147-09, for the reasons indicated in
the aforementioned report and recommendation, FURTHER, the
Council does hereby approve a Change Order to the existing contract
with Orchard, Hiltz & McCliment, Inc. in the amount of $34,590 78
payable to Orchard, Hiltz & McCliment, Inc , 34000 Plymouth Road,
Livonia, Michigan 48150, for additional Construction Engineering for
the Hees Avenue segment in connection with the 2008-2010 Road
Repair Program previously authorized in Council Resolution 506-07,
for the reasons indicated in the aforementioned report and
recommendation, FURTHER, the Council does hereby appropriate and
authorize an expenditure of a sum not to exceed $732,706 35 from
Unexpended Fund Balance of the Road, Sidewalk and Tree Fund
(204) for this purpose, and the City Engineer is hereby authorized to
approve minor adjustments in the work as it becomes necessary
#305-09 RESOLVED, that having considered the request of
Councilmember James C McCann regarding the possible installation
of a bicycle or recreation trail along Hubbard Road between the
Recreation Center and Rotary Park, the Council does hereby refer this
matter to the Parks and Recreation Commission for its report and
recommendation
A roll call vote was then taken on the foregoing resolutions with the following result:
AYES Robinson, McCann, Laura, Pastor, Meakin, and Toy
NAYS None
4
Regular Meeting Minutes of July 20, 2009 37244
Meakin took from the table, for second reading and adoption, the
following Ordinance
AN ORDINANCE ADDING CHAPTER 40 (PROHIBITION ON USE OF
GROUNDWATER) TO TITLE 13 OF THE LIVONIA CODE OF
ORDINANCES, AS AMENDED
A roll call vote was taken on the foregoing Ordinance with the following result:
AYES Robinson, McCann, Laura, Pastor, Meakin, and Toy
NAYS None
The President declared the foregoing Ordinance duly adopted, and would become
effective on publication
McCann took from the table, for second reading and adoption, the
following Ordinance
AN ORDINANCE AMENDING SECTION 19 06 OF ARTICLE XIX OF
ORDINANCE NO 543, AS AMENDED, KNOWN AND CITED AS "THE
CITY OF LIVONIA ZONING ORDINANCE " (Petition 2009-03-06-01)
A roll call vote was taken on the foregoing Ordinance with the following result:
AYES Robinson, McCann, Laura, Pastor, Meakin, and Toy
NAYS None
The President declared the foregoing Ordinance duly adopted, and would become
effective on publication
Pastor took from the table, for second reading and adoption, the
following Ordinance
AN ORDINANCE AMENDING SECTION 23 06 OF ARTICLE XXIII OF
ORDINANCE NO 543, AS AMENDED, KNOWN AND CITED AS "THE
CITY OF LIVONIA ZONING ORDINANCE " (Petition 2009-03-06-01)
A roll call vote was taken on the foregoing Ordinance with the following result:
Regular Meeting Minutes of July 20, 2009 37245
AYES Robinson, McCann, Laura, Pastor, Meakin, and Toy
NAYS None
The President declared the foregoing Ordinance duly adopted, and would become
effective on publication
On a motion by McCann, seconded by Laura, and unanimously
adopted, it was
#306-09 RESOLVED, that having considered a communication
from the City Clerk, dated July 6, 2009, forwarding an application
submitted by Mariah A. Colella, 6620 Academy, Brighton, Michigan
48116, 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 conditioned upon the
applicant obtaining National Certification within six (6) months from the
date of this approval
Mariah Colella, 6620 Academy, Brighton, was present to answer any questions of
Council
On a motion by Meakin, seconded by Robinson, and unanimously
adopted, it was
#307-09 RESOLVED, that having considered a communication
from the City Planning Commission, dated June 4, 2009, which
transmits its resolution 06-36-2009, adopted on June 2, 2009, with
regard to Petition 2009-04-02-07, submitted by BJKL d/b/a Valvoline
Instant Oil Change requesting waiver use approval for limited U-Haul
truck rental in conjunction with an existing oil change facility on
property located on the north side of Plymouth Road between
Farmington Road and Mayfield Avenue (32850 Plymouth Road), in the
Southwest 1/4 of Section 27, which property is zoned C-2, the Council
does hereby concur in the recommendation made by the City Planning
Commission and Petition 2009-04-02-07 is hereby approved and
granted, subject to the following conditions.
1 That the maximum number of rental trucks to be parked on the
site at any one time shall be limited to four (4);
2 That the parking/outdoor storage of rental trucks shall be
confined to designated parking spaces, consisting of four (4)
Regular Meeting Minutes of July 20, 2009 37246
parking spaces on the east side of the site adjoining the
landscaped area along the Mayfield Avenue right-of-way line, as
shown on the Site Plan prepared on behalf of Valvoline Instant
Oil Change, dated May 11, 2009,
3 That the rental trucks parked on the site shall have an overall
maximum length, as measured bumper-to-bumper, not
exceeding 20 feet as recommended by the Plymouth Road
Development Authority in their Resolution #2009-12,
4 That this approval shall be subject to the modification by the
City Council, by means of a separate resolution in which two-
thirds of the members of the City Council concur, of the
requirement set forth in Section 11 03(g)(1) of the Zoning
Ordinance, which requires that a vehicle rental facility be
located on a parcel of land containing no less than one-half
acre, to enable the subject use to operate on a parcel that is
0 39 acre in area,
5 That this approval shall be subject to the modification by the
City Council, by means of a separate resolution in which two-
thirds of the members of the City Council concur, of the
requirement set forth in Section 11 03(g)(2) of the Zoning
Ordinance pertaining to the subject use, which requires that no
vehicles shall be parked within 20 feet from the front lot line or
at the side lot line adjoining a street, to allow vehicles to be
parked at a minimum distance of 10 feet from the Plymouth
Road and Mayfield Avenue rights-of-way lines,
6 That only conforming signage is approved with this petition, and
any additional signage shall be submitted for review and
approval by the Planning Commission and City Council,
7 That no LED lightband or exposed neon shall be permitted on
the site including, but not limited to, the building or around the
windows,
8 That this approval shall incorporate the following stipulation in
the correspondence dated May 21, 2009 from the Inspection
Department: That the petitioner shall be required to conform to
the Michigan Barrier Free Code,
9 That all conditions imposed by Council Resolution #452-86,
which granted waiver use approval to operate a car repair
facility on the subject property under Petition 85-09-02-39, shall
Regular Meeting Minutes of July 20, 2009 37247
remain in effect to the extent that they are not in conflict with the
foregoing conditions of this approval,
10 That all landscaping on the site shall be upgraded at least to the
standards of the Revised Site Plan approved in connection with
Petition 85-09-02-39, consisting of the Site Plan marked Sheet 1
of Job #87-520 prepared by Came Associates, Inc., dated
November 4, 1987, as revised, and
11 That the plan referenced in this approving resolution shall be
submitted to the Inspection Department at the time the Zoning
Compliance Permit for the truck rental operation is applied for
Lorn Morden, 21178 Gill Road, Livonia, was present to answer any questions of
Council and to apologize for not being present at the last Regular meeting (Petition
2009-04-02-07)
On a motion by Meakin, seconded by Robinson, it was
#308-09 RESOLVED, that having considered a communication
from the City Planning Commission, dated June 4, 2009, which
transmits its resolution 06-36-2009, adopted on June 2, 2009, with
regard to Petition 2009-04-02-07, submitted by BJKL d/b/a Valvoline
Instant Oil Change requesting waiver use approval for limited U-Haul
truck rental in conjunction with an existing oil change facility on
property located on the north side of Plymouth Road between
Farmington Road and Mayfield Avenue (32850 Plymouth Road), in the
Southwest 1/4 of Section 27, which property is zoned C-2, the Council
does hereby approve a modification of the requirement set forth in
Section 11 03(g)(2) of Zoning Ordinance No 543, as amended, which
requires that no vehicles shall be parked within 20 feet from the front
lot line or at the side lot line adjoining a street, to allow vehicles to be
parked at a minimum distance of ten (10) feet from the Plymouth Road
and Mayfield Avenue rights-of-way lines
A roll call vote was taken on the foregoing resolution with the following result:
AYES Robinson, McCann, Laura, Pastor, Meakin, and Toy
NAYS None
The President declared the resolution adopted
On a motion by Meakin, seconded by Laura, it was.
Regular Meeting Minutes of July 20, 2009 37248
#309-09 RESOLVED, that having considered a communication
from the City Planning Commission, dated June 4, 2009, which
transmits its resolution 06-36-2009, adopted on June 2, 2009, with
regard to Petition 2009-04-02-07, submitted by BJKL d/b/a Valvoline
Instant Oil Change requesting waiver use approval for limited U-Haul
truck rental in conjunction with an existing oil change facility on
property located on the north side of Plymouth Road between
Farmington Road and Mayfield Avenue (32850 Plymouth Road), in the
Southwest 1/4 of Section 27, which property is zoned C-2, the Council
does hereby approve a modification of the requirement set forth in
Section 11 03(g)(1) of Zoning Ordinance No 543, as amended, which
requires that a vehicle rental facility be located on a parcel of land
containing no less than one-half acre, to enable the subject use to
operate on a parcel that is 0 39 acre in area
A roll call vote was taken on the foregoing resolution with the following result:
AYES Robinson, McCann, Laura, Pastor, Meakin, and Toy
NAYS None
The President declared the resolution adopted
A communication titled "Electronic Sign Zoning Information" and
"Digital Display Sign Codes", received in the City Council Office on July 15, 2009,
was received and placed on file for the information of the Council (Petition 2009-04-
06-02)
A communication from Council Vice President Terry A. Godfroid-
Marecki, dated July 17, 2009, requesting Agenda Item #13 re proposed
amendments to Sections 18 50A and 18 50H of Article XVIII of the City of Livonia
Zoning Ordinance to allow variable electronic message signs be rescheduled to next
Regular meeting of August 10, 2009, was received and placed on file for the
information of the Council (Petition 2009-04-06-02)
At the direction of the Chair, Agenda Item #13 was moved to the next
scheduled Regular meeting of August 10, 2009 (Petition 2009-04-06-02)
Regular Meeting Minutes of July 20, 2009 37249
On a motion by Pastor, seconded by Meakin, and unanimously
adopted, it was
#310-09 RESOLVED, that having considered a letter from Linda
Saenz, dated July 9, 2009, which requests permission to waive Section
8 32 070 (Noise Control) of the Livonia Code of Ordinances, as
amended, to allow a DJ to perform from approximately 2 00 p m until
10 00 p m at 30285 Seven Mile in connection with an outdoor
graduation party scheduled for Saturday, August 1, 2009, the Council
does hereby determine to waive Section 8 32 070 (Noise Control) of
the Livonia Code of Ordinances between the hours of 2 00 p m and
10 00 p m in connection with this event to be held on Saturday,
August 1, 2009
Ed Ptasznik, 30285 Seven Mile Road, was present on behalf of Linda Saenz, to
answer any questions of Council
On a motion by Laura, seconded by Pastor, and unanimously adopted,
it was
#311-09 RESOLVED, that having considered a letter from Mr and
Mrs Joseph Swingle, dated July 8, 2009, which requests permission to
waive Section 8 32 070 (Noise Control) of the Livonia Code of
Ordinances, as amended, in connection with their 3rd annual gathering
of friends to be held on Saturday, August 8, 2009, at 12332 Camden,
to allow the playing of a live band, the Council does hereby determine
to waive Section 8 32 070 (Noise Control) of the Livonia Code of
Ordinances between the hours of 7 00 p m and 11 00 p m in
connection with this event to be held on Saturday, August 8, 2009
Heather Swingle, 12332 Camden, was present to answer any questions of Council
On a motion by Pastor, seconded by Robinson, and unanimously
adopted, it was
#312-09 RESOLVED, that the Council does hereby suspend their
rules for procedure as outlined in Council Resolution 574-82 so as to
permit consideration of items that do not appear on the Agenda
On a motion by Meakin, seconded by Robinson, it was
#313-09 RESOLVED, that having considered a communication
from City Council President Laura M Toy, dated July 16, 2009, the
Regular Meeting Minutes of July 20, 2009 37250
Council does hereby, by a two-thirds roll call vote in accordance with
Section 7(1) of the Open Meetings Act, direct that a Closed Committee
of the Whole meeting be held for the purpose of discussing proposed
salary and fringe benefit adjustments for the classification of Fire Chief
for the period December 1, 2008, through November 30, 2012
A roll call vote was taken on the foregoing resolution with the following result:
AYES Robinson, McCann, Laura, Pastor, Meakin, and Toy
NAYS None
The President declared the resolution adopted
There was no Audience Communication at the end of the meeting
On a motion by Robinson, seconded by Pastor, and unanimously
adopted, this 1,637th Regular Meeting of the Council of the City of Livonia was
adjourned at 8 32 p m
ft")(JACL 410
Linda Grimsby, City Cler#