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HomeMy WebLinkAboutSYNOPSIS - 2008-09-24 SYNOPSIS OF THE MINUTES OF THE 1,617th REGULAR MEETING LIVONIA CITY COUNCIL – SEPTEMBER 24, 2008 ________________________________________________________________ Meeting was called to order at 8:00 p.m. Present: Don Knapp, Terry Godfroid-Marecki, James McCann, Joe Laura, Brian Meakin, Thomas Robinson, and Laura Toy. Absent: None. #406-08 Resolution by Robinson and Meakin, approving the minutes of the MAD th 1,616 Regular Meeting of the Council held September 10, 2008, as submitted. FAT A roll call vote was taken on the foregoing resolution: AYES: Knapp, Godfroid-Marecki, McCann, Meakin, Robinson, and Toy. NAYS: None. PRESENT: Laura #407-08 Resolution by Godfroid-Marecki and Meakin, unanimously adopted, MAD FAT referring to the Economic Development, Community Outreach and Strategic Econ Planning Committee for its report and recommendation on the subject of Linear Dev Molding and inclusion in the Wayne County TURBO Tax Program. Mayor Jack Kirksey recognized the City of Detroit and Councilwoman Sheila Cockrel who was in the audience. He wished the new Administration and City Council the very best for the future. Godfroid-Marecki asked the Mayor to draft a letter to the Mayor of Detroit and their City Council sending the City of Livonia’s best wishes and support in the future. Chief of Police, Robert Stevenson, commented on the inactivation of sirens on September 13, 2008. There was no tornado warning, watch or severe storm warning issued by the National Weather Service, therefore, no warning was given. The National Weather Service can only accurately predict 75% of where severe weather will occur. Andy Halttunen, the Livonia officer who was struck by a young driver on I96 and seriously injured, is now recuperating at home. He was in intensive care at U of M Hospital for six (6) days. AUDIENCE COMMUNICATION: Sheila Cockrel, Assistant Director for the Institute for Local Government, gave a brief presentation on the Fall program for the Institute at University of Michigan Dearborn campus. The Institute for Local Government has a partnership with the Michigan Municipal League and the Michigan Association of School Boards providing advanced courses for local elected officials. th SYNOPSIS OF THE MINUTES OF THE 1,617 REGULAR MEETING 2 LIVONIA CITY COUNCIL – September 24, 2008 Dwayne Roszkowski, 14139 Berwick, commented on the stop signs being replaced by yield signs in their neighborhood and the request for a Traffic Flow Study. He stated that Joe Steele of the Traffic Commission has been very helpful and thanked him for his efforts. William Roberts, 29723 Mason Street, spoke on the Lyndon LaRouche Political Committee. He pointed out that a resolution needs to be drafted to Congress for a homeowners protection act regarding foreclosures. Dianne Marietti, 15044 Fairway, commended Council for moving the Committee of the Whole meeting to the auditorium allowing a greater number of residents to voice their opinions. Thomas Haas, 30427 Minton, spoke on the lack of stop signs on Henry Ruff and the speed of vehicles on their street. He also stated that the Wal-Mart garage should be closed so you do not hear the air guns. Council President Toy announced that there would be an “X” item addressed at the end of the meeting regarding a request, submitted by Pamela S. Trottier, Co- President of Friends of Grandview, to place signs advertising their Mom to Mom Sale on October 4, 2008. Council President Toy announced Public Hearings for the following two (2) items that are to be held in the Auditorium of the Livonia City Hall, 33000 Civic Center Drive, Livonia, MI: Monday, October 6, 2008 at 7:00 p.m. The City of Livonia will hold a Public Hearing on Monday, October 6, 2008 at 7:00 P.M. in the Auditorium at 33000 Civic Center Drive, Livonia, Michigan for the purpose of hearing written and oral comment from the public concerning the proposed annual budget for the fiscal year 2008 - 2009. All interested citizens, groups, senior citizens and organizations representing the interests of senior citizens are encouraged to attend and submit comments. A copy of the entire proposed budget and additional background materials are available for public inspection from 8:30 A.M. to 5:00 P.M. weekdays at the City Clerk’s Office, 33000 Civic Center Drive, Livonia, Michigan. The property tax millage rate proposed to be levied to support the proposed budget will be a subject of this hearing. Monday, October 13, 2008 at 7:00 p.m. Wayne M. Avers, Vice President, Admiral Tool & Manufacturing Co. of Michigan, requesting approval of an Industrial Facilities th SYNOPSIS OF THE MINUTES OF THE 1,617 REGULAR MEETING 3 LIVONIA CITY COUNCIL – September 24, 2008 Exemption Certificate for the acquisition of new equipment for their facility located at 38010 Amrhein Road. (IDD #77) The following items were received and filed: A communication from the Housing Commission, dated August 18, 2008, regarding the audit report for Fiscal Year ending December 31, 2007, excluding Silver Village, Newburgh Village, the CDBG Program, and single family City- owned properties. A communication from Robert A. Ficano, Wayne County Executive, dated July 5, 2006, regarding uniform real estate signage between municipalities. A communication from the Law Department, dated September 23, 2008, regarding a Revised Livonia Marketplace Planned General Development Agreement. (CR 348-08) A revised Brownfield Plan, dated September 11, 2008, regarding the former Livonia Mall. (CR 348-08) A communication, dated September 16, 2008, entitled “Potential Green Benchmarks for Redevelopments and Livonia Marketplace Green Features”. (CR 348-08) A Legislative Brief from the Michigan Municipal League, dated September 16, 2008, entitled “Economic Development: Why Abatements and Tax Increment Financing Create Jobs at the Local Level”. (CR 348-08) A communication from the State of Michigan website, dated September 16, 2008, regarding a Summary of the Brownfield Redevelopment Financing Act, Public Act 381 of 1996. (CR 348-08) A communication from Matt Kornmeier, Director of Property Management, ANK Enterprises, Inc., dated September 22, 2008, regarding Petition 2008-05-02-14, submitted by Novi Café, requesting waiver use approval to operate a full-service restaurant on property located at 29447 Five Mile Road. (CR 328-08) Revised Site/Building Plans from Atwell-Hicks, received September 19, 2008, regarding Petition 2008-06-02-20, submitted by Livonia Phoenix, L.L.C., requesting waiver use approval for a Planned General Development for Livonia Marketplace on property located at 29514 Seven Mile Road. (CR 378-08) A communication from the Mayor, dated September 19, 2008, regarding Police and Fire reports on the proposed removal of the western driveway onto St. Martins Avenue in connection with Petition 2008-06-02-20, submitted by Livonia Phoenix, L.L.C., requesting waiver use approval for a Planned General th SYNOPSIS OF THE MINUTES OF THE 1,617 REGULAR MEETING 4 LIVONIA CITY COUNCIL – September 24, 2008 Development for Livonia Marketplace on property located at 29514 Seven Mile Road. (CR 378-08) Revised Site/Building Plans from Atwell-Hicks, received September 10, 2008, regarding Petition 2008-06-02-20, submitted by Livonia Phoenix, L.L.C., requesting waiver use approval for a Planned General Development for Livonia Marketplace on property located at 29514 Seven Mile Road. (CR 378-08) A Proposed Development Agreement, received on September 11, 2008, between the City of Livonia and Livonia Phoenix, L.L.C., regarding the Planned General Development for Livonia Marketplace on property located at 29514 Seven Mile Road. (CR 378-08) A petition signed by numerous residents and others patronizing the area, dated September 17, 2008, in connection with the Livonia Mall Redevelopment Plan. (CR 378-08) A communication from the Law Department, dated September 22, 2008, regarding the number of cell towers on City-owned property and the revenues received from each. A communication from the Housing Commission, dated September 16, 2008, regarding the proposed geo-thermal heating/cooling system for the renovation of their administrative offices located at 10800 Farmington Road. (CR 533-07) The following resolutions were offered by Meakin and Knapp: #408-08 Approving a request submitted by Mary Margaret Eckhardt, Pastor, MAD and Kathleen Lefler, Church Life Coordinator, St. Matthew’s United Methodist FAT Church, to display 22” x 28” signs at various locations in the City advertising their OrdEnf Pumpkin Patch fundraiser from Friday, October 10, 2008 through Friday, October 31, 2008; FURTHER, signs will be displayed from Saturday, October 4, 2008, and removed no later than Saturday, November 1, 2008. MAD FAT #409-08 Approving a request submitted by Cristin Williams, 34975 Norfolk Clerk Street, Livonia, MI 48152, for a Massage Therapist Permit in accordance with OrdEnf Chapter 5.49 of the Livonia Code of Ordinances, as amended. Police MAD #410-08 Approving a request submitted by Robin Tyson, 135 Edgewood FAT Drive #2, Perrysburg, OH 43551, for a Massage Therapist Permit in accordance Clerk with Chapter 5.49 of the Livonia Code of Ordinances, as amended. OrdEnf Police #411-08 Determining to take no further action regarding a request, MAD submitted by Catherine McCartney, President, and Margaret Cotruvo, Secretary, FAT representing The Woods Condominium Association, to add University Park Drive Eng to the list for repaving in 2009. DPW th SYNOPSIS OF THE MINUTES OF THE 1,617 REGULAR MEETING 5 LIVONIA CITY COUNCIL – September 24, 2008 MAD #412-08 Referring to the Traffic Commission for its report and FAT recommendation in connection with a request from Tony Paglione and Dan TraffCom Rachwal to add an ingress and egress from Bennett Street to southbound Eng Newburgh Road. #413-08 Approving a Municipal Credit Contract for Fiscal Year 2009 MAD FAT between SMART and the City of Livonia for the period July 1, 2008 to June 30, ComRes 2009. #414-08 Accepting the lowest unit price bids received meeting all MAD specifications of Allied-Eagle Supply, 1801 Howard, Detroit, MI 48216; HP FAT Products Corporation, 8652 Haggerty, Suite 200, Belleville, MI 48111; and Parnin DPW Janitor Supply, 15356 Middlebelt, Livonia, MI 48154, to supply the Public Service Eng Division, Building Maintenance Section, custodial supplies from September 30, 2008 through September 30, 2009 for a total not to exceed $60,000.00 from budgeted funds. #415-08 Accepting the lowest bid received meeting all specifications of MAD Southeastern Equipment Co., 48545 Grand River Avenue, Novi, MI 48374, to FAT supply the Public Service Division with one (1) 2008 Case 590 SM Tier III Loader DPW Eng Backhoe for a total of $75,325.00 from budgeted funds. #416-08 Approving a change order to the 2008 Parking Lot Paving Program MAD – Phase I, Contract 08-M, for additional work required at the LPD Rifle Range for FAT an added amount of $60,854.00 from forfeiture funds to be paid to Hayball DPW Transport, Inc., 12550 Farmington Road, Livonia, MI 48150; FURTHER, Eng Police authorizing the City Engineer to approve minor adjustments in the work, as required. (CR 298-08) #417-08 Approving a change order to the 2008 Parking Lot Paving Program MAD FAT – Phase I, Contract 08-M, for additional work required to pave City-owned DPW parking lots (#1 - #4) on Plymouth Road for an added amount of $72,649.50 from Eng budgeted funds to be paid to Hayball Transport, Inc., 12550 Farmington Road, Livonia, MI 48150; FURTHER, authorizing the City Engineer to approve minor adjustments in the work, as required. (CR 298-08) #418-08 Approving an agreement between the Michigan Department of MAD Transportation (MDOT) and the City of Livonia for the combined project of FAT resurfacing Newburgh Road from I-96 to Five Mile Road and construction of a DPW right turn lane on westbound Five Road to northbound Newburgh; FURTHER, Eng authorizing an expenditure of an estimated $194,400.00 for the City’s portion from budgeted funds, or 18.9% of the total project cost of $1,030,200.00; FURTHER, $778,200.00 will be funded by the Federal Surface Transportation Program for the resurfacing project, and $57,600.00 will be funded from the Congestion Mitigation and Air Quality Fund for the right turn lane. th SYNOPSIS OF THE MINUTES OF THE 1,617 REGULAR MEETING 6 LIVONIA CITY COUNCIL – September 24, 2008 #419-08 Determining to advise the Wayne County Department of Public MAD Services (Permit Section) that the City of Livonia approved storm sewer site FAT plans and will accept jurisdiction and maintenance of the storm sewer collection DPW Eng system, at no cost to the County, within the CVS Pharmacy property located at 37340 Five Mile Road, on the north side of Five Mile Road east of Newburgh Road, in the S.W. 1/4 of Section 17, with CVS 8121 MI, L.L.C. to reimburse the City for any maintenance, as necessary. MAD #420-08 Approving Petition 2008-07-02-23, submitted by Car Pro Auto and FAT Truck Services, requesting waiver use approval to operate an automobile and Insp truck repair facility on property located at 30832 Industrial Road, on the north Plan Eng side of Industrial Road between Merriman Road and Middlebelt Road, in the ZBA N.W. 1/4 of Section 26, which is zoned M-1, subject to conditions. #421-08 Approving Petition 2008-07-02-24, submitted by Fusco, Shaffer & MAD FAT Pappas, Inc., requesting waiver use approval to construct an addition to the Insp Angela Hospice Home Care, Inc. facility and increase the number of beds on Plan property located at 14100 Newburgh Road, on the east side of Newburgh Road Eng between Schoolcraft Road and Five Mile Road, in the S.W. 1/4 of Section 20, ZBA zoned RUF, subject to conditions. #422-08 Waiving the sixteen (16) person limitation requirement set forth in MAD Section 5.03(f)(2) of Zoning Ordinance 543, as amended, in connection with FAT Petition 2008-07-02-24, submitted by Fusco, Shaffer & Pappas, Inc., requesting Insp waiver use approval to construct an addition to the Angela Hospice Home Care, Plan Inc. facility and increase the number of beds on property located at 14100 Eng Newburgh Road, on the east side of Newburgh Road between Schoolcraft Road ZBA and Five Mile Road, in the S.W. 1/4 of Section 20, zoned RUF, subject to conditions. A roll call vote was taken on the foregoing resolutions: AYES: Knapp, Godfroid-Marecki, McCann, Laura, Meakin, Robinson, and Toy. NAYS: None. #423-08 Resolution by McCann and Knapp, unanimously adopted, referring MAD to the Administration for its report and recommendation regarding the review of FAT the Sign Ordinance as it pertains to signs advertising non-profit activities, open OrdEnf houses, etc. in the rights-of-way. (CR 428-04) #424-08 Resolution by McCann and Godfroid-Marecki, unanimously MAD adopted, determining to take no further action regarding the subject of signs in FAT OrdEnf public rights-of-way. (CR 252-07) th SYNOPSIS OF THE MINUTES OF THE 1,617 REGULAR MEETING 7 LIVONIA CITY COUNCIL – September 24, 2008 #425-08 Resolution by McCann and Knapp, unanimously adopted, referring MAD FAT to the Administration for its report and recommendation regarding the subject of OrdEnf temporary pole signs (including size and standards). (CR 146-07, Ref. CR 145- 07) #426-08 Resolution by McCann and Godfroid-Marecki, unanimously MAD adopted, referring to the Administration for its report and recommendation FAT regarding the subject of the regulation of electronic signs. (CR 333-07) OrdEnf #427-08 Resolution by McCann and Knapp, unanimously adopted, MAD determining to promote the redevelopment of environmentally distressed areas of FAT the City in the best interests of the public and facilitate the implementation of Plan Brownfield plans for that purpose within Brownfield redevelopment zones; Eng FURTHER, declaring to create and provide for the operation of the Brownfield Redevelopment Authority within the City of Livonia; FURTHER, a public hearing will be held on Monday, November 10, 2008 at 7:00 p.m. in the City Hall Auditorium regarding the adoption of a resolution creating the Authority within the City. (CR 348-08) There were many discussions and explanations regarding the Brownfield plans. #428-08 Resolution by Laura and Meakin, approving Petition 2008-05-02- MAD FAT 14, submitted by Novi Café, Inc., requesting waiver use approval to operate a Insp full-service restaurant on property located at 29447 Five Mile Road, on the south Plan side of Five Mile Road between Middlebelt Road and Beatrice Avenue, in the Eng N.E. 1/4 of Section 23, zoned C-2, subject to conditions. (CR 328-08) A roll call vote was taken on the foregoing resolution: AYES: Godfroid-Marecki, Laura, Meakin, and Toy. NAYS: Knapp, McCann, and Robinson. #429-08 Resolution by Robinson and Godfroid-Marecki, approving Petition MAD 2008-06-02-20, submitted by Livonia Phoenix, L.L.C., requesting waiver use FAT approval for a Planned General Development (Livonia Marketplace) consisting of Insp Plan approximately 320,180 square feet of retail building area on property located at Eng 29514 Seven Mile Road, on the north side of Seven Mile Road between ZBA Middlebelt Road and Purlingbrook Avenue, in the S.W. 1/4 of Section 2, zoned C-2 and P, subject to conditions. (CR 378-08) There were many discussions by Council, Mayor and residents on this subject. The following residents spoke on their concerns regarding this subject: Pam Trottier, 20374 Osmus Claudia Stanton, 19658 Melvin Dave Slayton, 18328 Fremont th SYNOPSIS OF THE MINUTES OF THE 1,617 REGULAR MEETING 8 LIVONIA CITY COUNCIL – September 24, 2008 Kathy O’Connell, 29537 Pickford Doretta Priebe, 9997 Hillcrest A roll call vote was taken on the foregoing resolution: AYES: Knapp, Godfroid-Marecki, McCann, Meakin, and Robinson. NAYS: Laura and Toy. Godfroid-Marecki gave FIRST READING to the following Ordinance: AN ORDINANCE AMENDING SECTION 18.64 OF ARTICLE XVIII OF ORDINANCE NO. 543, AS AMENDED, KNOWN AND CITED AS “THE CITY OF LIVONIA ZONING ORDINANCE”. #430-08 Resolution by Robinson and Meakin, determining to take no further MAD FAT action regarding a request from Donna Nelson to change the RUF district zoning ZBA requirements to allow property owners of under one-half acre to be allowed to raise and keep up to six hens. A roll call vote was taken on the foregoing resolution: AYES: Knapp, Godfroid-Marecki, McCann, Laura, Meakin, and Robinson. NAYS: Toy. #431-08 Resolution by Godfroid-Marecki and Knapp, unanimously adopted, MAD referring to the Cell Tower Committee for its report and recommendation in FAT connection with a request, submitted by Leland Calloway, FMHC Corporation, on Plan behalf of Verizon Wireless, for approval of a proposed wireless communications facility at Idyl Wyld Golf Course. #432-08 Resolution by Robinson and Laura, unanimously adopted, referring MAD to the Committee of the Whole for its report and recommendation regarding the FAT issue of the interior and exterior renovation of the City-owned building located at Housing Com 10800 Farmington Road for the Housing Commission administrative offices. (CR Eng 533-07) Meakin left the podium at 10:00 p.m. to avoid a perceived conflict of interest. #433-08 Resolution by Godfroid-Marecki and Laura, approving a request, MAD submitted by Paradocs, LLC on behalf of Doc’s Sports Retreat, for waiver use FAT Insp approval to amend the plans of Petition 2006-05-02-12 to enclose the outdoor Plan patio and increase the seating capacity of year-round interior seats of the existing Eng full-service Doc’s Sports Retreat restaurant on property located at 19265 Victor Parkway, on the west side of Victor Parkway between Seven Mile Road and Pembroke Street, in the S.E. 1/4 of Section 6, zoned C-2, subject to conditions. (CR 428-06) th SYNOPSIS OF THE MINUTES OF THE 1,617 REGULAR MEETING 9 LIVONIA CITY COUNCIL – September 24, 2008 A roll call vote was taken on the foregoing resolution: AYES: Knapp, Godfroid-Marecki, McCann, Laura, Robinson, and Toy NAYS: None. Meakin returned to the podium at 10:07 p.m. #434-08 Resolution by Godfroid-Marecki and Knapp, unanimously adopted, MAD approving Petition 2008-05-01-02, as modified, submitted by Greenland Limited FAT Partnership, to change the zoning classification for the area marked for resale Plan shop only to C-2 for property located at 16325 through 16349 Middlebelt Road within Greenland Plaza Shopping Center, on the west side of Middlebelt Road between Greenland Avenue and Munger Avenue, in the N.E. 1/4 of Section 14; FURTHER, requesting the Law Department to prepare an ordinance amending Ordinance No. 543, as amended. #435-08 Resolution by Knapp and Meakin, unanimously adopted, MAD suspending the rules for procedure as outlined in Council Resolution 574-82 in FAT order to permit consideration of items that do not appear on the agenda. #436-08 Resolution by Knapp and Godfroid-Marecki, unanimously adopted, MAD approving a request submitted by Pamela S. Trottier, Co-President of Friends of FAT OrdEnf Grandview, to display 24” x 18”” signs at various locations in the City advertising their Mom to Mom Sale on Saturday, October 4, 2008 at Grandview Elementary School; FURTHER, signs will be displayed from Sunday, September 28, 2008, and removed no later than Saturday, October 4, 2008. AUDIENCE COMMUNICATION: Dianne Marietti, 15044 Fairway, stated that “Save Our Youth Task Force” is th offering 10% off coupons through September 27 at several area restaurants to promote “National Family Day”. Bob Helber, 1850 Encore Lane, was present to verify that they no longer have a retail tenant at Greenland Plaza Shopping Center. Council stated that CR #434- 08 is going to the Law Department for preparation of an ordinance. Knapp wished his brother Craig a Happy Birthday on September 23, 2008. th By Meakin and Godfroid-Marecki, unanimously adopted, adjourning this 1,617 Regular Meeting of the Council of the City of Livonia at 10:15 p.m. on September 24, 2008. LINDA GRIMSBY, CITY CLERK *The foregoing is a summary of the Council’s proceedings in synopsis form as authorized by CR 1158-68. The full text of the official minutes of this meeting is on file in the Office of the City Clerk and is available to the public upon request.