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HomeMy WebLinkAboutCOUNCIL MINUTES 2011-05-25 37903 MINUTES OF THE ONE THOUSAND SIX HUNDRED EIGHTY FIRST REGULAR MEETING OF MAY 25, 2011 On May 25, 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 Brosnan led the meeting with an invocation President McCann then introduced the following members of Boy Scout Troup 742 from St. Matthew Episcopal Church Luke Slater, Aaron Laslett, Zach Richards, Kaylup Richards, David Hurck, and their leader, Kristy Richards, who were present at the meeting and led the Pledge of Allegiance Roll was called with the following result: Maureen Miller Brosnan, Conrad Schwartz, John Pastor, Brian Meakin, Joe Laura, Laura Toy, 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 Marecki, City Clerk; and Mayor Jack Kirksey On a motion by Pastor, seconded by Meakin, and unanimously adopted, it was #152-11 RESOLVED, that the Minutes of the 1,680th Regular Meeting of the Council held May 11, 2011, are hereby approved as submitted Meakin wished a Happy Birthday to his wife, Colleen, and indicated she would celebrate her birthday on Saturday, May 28th Meakin also wished a Happy Birthday to his son, Brendan, who will be a teenager on Tuesday, May 31st President McCann announced the following Public Hearing would be held on Wednesday, June 1, 2011, at 7 00 pm in the Auditorium of Livonia City Hall, 33000 Civic Center Drive, Livonia, Michigan Alexander Erdey, Owner, EMS Product Development, is requesting approval of a personal property tax abatement under the provisions of Regular Meeting Minutes of May 25, 2011 37904 Public Act 328 of 1998 in connection with the production of auto parts for the after-market and prototype parts in their facility located at 35588 Veronica, Livonia, MI 48150 (Industrial Development Overlay District #110) President McCann announced the Livonia Memorial Day Celebration will be hosted at the Veterans Park Memorial located at the corner of Five Mile and Farmington Roads on Saturday, May 28, 2011, at 9 00 a m President McCann indicated the Livonia Stevenson High School Marching Band will perform and encouraged all residents to attend this moving event to pay tribute to those who serve our country Mayor Kirksey introduced Brian Wilson, Superintendent of Public Service — Municipal Services, who was present to address Council concerning the recent storms and excessive rainfall Mr Wilson informed Council the storms have contributed to the storm system being overwhelmed which has caused some flooding of basements for approximately one hundred residents so far Mr Wilson indicated employees of the Department of Public Service continue to take phone calls and assist residents with water-related issues Mr Wilson stated residents can contact the staff at the Department of Public Service at (734) 466-2655 to report any flooding and related water problems and stated their department would continue to monitor and handle the situation as instances occurred During Audience Communication, Larry Naser, 33011 Brookside Court, addressed Council to indicate the St. Mary's Sahara Festival will start on June 2nd and run through June 5th and personally thanked Council and all City employees for all their hard work. Mayor Kirksey addressed Council to provide an update on City-owned, assigned 2417 vehicles Mayor Kirksey gave the full history of how the City began assigning vehicles to members of the Police Department to take home and return should they need them during the riots of 1967, which then trickled over to members of the Department of Public Works Mayor Kirksey stated the City currently has 54 assigned 24/7 vehicles and the Administration does plan to reduce that number to 49 vehicles by December 1, 2011, which is a 30% reduction since 2008 Mayor Kirksey indicated the goal of the Administration is to reduce the City fleet by 26% by December, 2011, and stated the overall costs to maintain the City's fleet of 24/7 vehicles is only $37,263 per year Further, a replacement cost model will need to be evaluated once vehicles are recovered which more than likely would be a higher priced model to the City than the current 24/7 vehicles In addition, Mayor Kirksey stated that if the vehicles were in fact sold at a one-time only auction, the amount netted by the City would only be approximately $66,000, as the fleet of City vehicles was aging and their subsequent values diminished Mayor Kirksey concluded the presentation would be the first part of a two part report he would like to provide to Council concerning City-owned vehicles and hoped the information provided was helpful in clearing up any confusion concerning their related expenses Regular Meeting Minutes of May 25, 2011 37905 On a motion by Pastor, seconded by Toy, it was #153-11 RESOLVED, that having considered an application from Patricia Holcomb, 12387 Cavell, dated April 26, 2011, requesting permission to close Cavell between Grantland and Capitol on Monday, July 4, 2011, from 10 00 am to 10 00 pm 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. #154-11 RESOLVED, that having considered a communication from the Mayor, dated May 9, 2011, the Council does hereby approve of and concur in the reappointment of R Lee Morrow, 37776 N Laurel Park, Livonia, Michigan 48152, to the City Planning Commission for a term of three years, which will expire on June 9, 2014 #155-11 RESOLVED, that having considered a communication from the Mayor, dated May 9, 2011 , the Council does hereby approve of and concur in the reappointment of Lynda Scheel, 19980 Mayfield, Livonia, Michigan 48152, to the City Planning Commission for a term of three years, which will expire on June 9, 2014 #156-11 RESOLVED, that having considered a communication from the Mayor, dated May 9, 2011, wherein he has requested approval of the reappointment of Richard Hayward, 17159 Loveland, Livonia, Michigan 48152, to the Board of Directors of the Economic Development Corporation of the City of Livonia for a six-year term expiring June 7, 2017, the Council does hereby confirm and approve such reappointment. A communication containing the Letter of Understanding between the City of Livonia and George & Murph's, L.L C , signed by Mike George, owner, dated May 13, 2011, re for the business located at 36000 Seven Mile Road, was received and placed on file for the information of the Council #157-11 RESOLVED, that having considered a letter from the Michigan Liquor Control Commission, dated February 17, 2011, and the report and recommendation of the Chief of Police, dated May 5, 2011, approved for submission by the Mayor, the Council does hereby approve of the request from George & Murph's, L L.0 to drop space and for new direct connection to be held in conjunction with a 2010 Class C licensed business with outdoor service (2 areas), Official Permit (food, golf), Entertainment Permit and 3 bars, for a business located at 36000 Seven Mile, Livonia, Michigan 48152, Wayne County; Regular Meeting Minutes of May 25, 2011 37906 and the City Clerk is hereby requested to forward a certified copy of this resolution to the Michigan Liquor Control Commission #158-11 RESOLVED, that having considered a letter from the Michigan Liquor Control Commission, dated January 7, 2011, and the report and recommendation of the Chief of Police, dated May 5, 2011, approved for submission by the Mayor, the Council does hereby approve of the request from Mid 5 Liquor Store, Inc for transfer of ownership of a 2010 SDD and SDM licensed business from Mid 5 Party Store, Inc , for a business located at 15254 Middlebelt, Livonia, Michigan 48154, Wayne County; and the City Clerk is hereby requested to forward a certified copy of this resolution to the Michigan Liquor Control Commission A communication from Michael T Slater, Treasurer for the Plymouth Road Development Authority (PRDA), dated April 26, 2011, re 2010 Annual Report, was received and placed on file for the information of the Council #159-11 RESOLVED, that having considered a communication from the Director of Finance, dated May 9, 2011, approved for submission by the Mayor, to which is attached a proposed Special Assessment District (SAD) Street Lighting Deficit Elimination Plan, as required by the Michigan Department of Treasury, the Council does hereby approve the aforementioned plan with the anticipation of the elimination of the deficit by fiscal year end of November 30, 2011, and the Finance Director is hereby requested to do all things necessary or incidental to the full performance of this resolution, and the City Clerk is hereby requested to forward a certified copy of this resolution to the Michigan Department of Treasury #160-11 RESOLVED, that having considered the report and recommendation of the Director of Community Resources, dated April 20, 2011, approved for submission by the Mayor, the Council does hereby accept the unit bid price of Dearborn Lithograph, Inc , 12380 Globe, Livonia, Michigan 48150, for typesetting, printing, sorting and delivering to the post office, the 16 page publication of the City Newsletter to be published four times a year, for the price of $7,750 00 per publication (Option A), for a three year period, said unit prices having been in fact the lowest bid received for this item and meets all specifications, FURTHER, the Council does hereby authorize such expenditure from funds already budgeted in Account No 101-891-886- 110 for this purpose #161-11 RESOLVED, that having considered a communication from the Interim Superintendent of Parks and Recreation, dated May 2, 2011, which bears the signature of the Director of Finance and the City Regular Meeting Minutes of May 25, 2011 37907 Attorney, is approved for submission by the Mayor, and which sets forth Parks and Recreation Commission resolution 3234-11, the Council does hereby concur in the recommendation of the Parks and Recreation Commission and does hereby approve Amendment No 1 to the Lease Agreement between the City of Livonia and the Livonia Public School District to allow the City to continue to utilize John Stymelski Veterans' Park for a nominal fee until June 30, 2016, with an option to extend the lease for five (5) additional years on the same terms, and the Mayor and City Clerk are hereby authorized to execute said Amendment No 1 to the Lease Agreement for and on behalf of the City of Livonia and to do all other things necessary or incidental to the full performance of this resolution #162-11 RESOLVED, that having considered the report and recommendation of the Superintendent of Public Works — Operations and the Director of Public Works, dated May 9, 2011, which bears the signature of the Director of Finance and is approved for submission by the Mayor, the Council does hereby authorize the purchase of 100% of the City's requirement of rock salt used for ice control from the Detroit Salt Company, 12841 Sanders Street, Detroit, Michigan 48217, at the unit price of $46 09 per ton available through consortium bid pricing, for an estimated total amount of $115,225 00, for a two (2) year period commencing August 1, 2011, through June 30, 2013, FURTHER, the Council does hereby authorize such expenditure from funds already budgeted in Account No 101-463-784-000 for this purpose, FURTHER, the Council does hereby authorize the aforesaid action without competitive bidding since same is based on the low consortium bid pricing and in accordance with Section 3 04 140 D 4 of the Livonia Code of Ordinances, as amended #163-11 RESOLVED, that having considered the report and recommendation of the Water and Sewer Board, dated May 9, 2011, which bears the signature of the Director of Finance and is approved for submission by the Mayor, wherein it is recommended that the Council authorize changes in existing water and sewer consumption rates, industrial surcharge rates and industrial waste control charges (effective July 1, 2011), the Council does hereby request that the Department of Law prepare appropriate Ordinance Amendments to the following Sections of the Livonia Code of Ordinances for submission to Council 1 Amend Title 13, Chapter 8, Section 040, to increase the water consumption rate from $19 87 to $20 10 (per 1000 cubic feet), effective with the first billing on and after July 1, 2011 2 Amend Title 13, Chapter 20, Section 120 D 1 to increase the Wayne County wastewater disposal charge from $26 07 to Regular Meeting Minutes of May 25, 2011 37908 $30 14 (per 1000 cubic feet of water used), effective with the first billing on and after July 1, 2011 3 Amend Title 13, Chapter 20, Table 13 20 120 to increase the --.-- industrial waste control meter charges as follows NON RESIDENTIAL METER SIZE (inches) MONTHLY CHARGE 5/8 Increase from $ 6 85 to $ 7 85 3/4 Increase from $ 10 28 to $ 11 78 1 Increase from $ 17 13 to $ 19 63 1-1/2 Increase from $ 37 68 to $ 43 18 2 Increase from $ 54 80 to $ 62 80 3 Increase from $ 99 33 to $ 113 83 4 Increase from $ 137 00 to $ 157 00 6 Increase from $ 205 50 to $ 235 50 8 Increase from $ 342 50 to $ 392 50 10 Increase from $ 479 50 to $ 549 50 12 Increase from $ 548 00 to $ 628 00 14 Increase from $ 685 00 to $ 785 00 16 Increase from $ 822 00 to $ 942 00 18 Increase from $ 959 00 to $1,099 00 20 Increase from $1,096 00 to $1,256 00 24 Increase from $1,233 00 to $1,413 00 30 Increase from $1,370 00 to $1,570 00 36 Increase from $1,507 00 to $1,727 00 48 Increase from $1,644 00 to $1,884 00 4 Amend Title 13, Chapter 28, Section 050, to change the industrial surcharge rates as follows Dollars/pound for treating BOD (Biochemical Oxygen Demand) in excess of 275 mg/I - Decrease from $0 302 to $0 269 Dollars/pound for treating TSS (Total Suspended Solids) in excess of 350 mg/I - Decrease from $0 378 to $0 338 Dollars/pound for treating P (Phosphorus) in excess of 12 mg/I - Decrease from $4 14 to $3 717 Dollars/pound for treating FOG (Fats, Oils & Grease) in excess of 100 mg/I - Increase from $0 233 to $0258 III #164-11 RESOLVED, that having considered the report and recommendation of the City Engineer, dated May 9, 2011, which bears the signature of the Director of Finance and the City Attorney, is '..""' approved by the Director of Public Works and approved for submission Regular Meeting Minutes of May 25, 2011 37909 by the Mayor, to which is attached a proposed contract between the City of Livonia and Orchard, Hiltz & McCliment, Inc , the Council does hereby authorize the Mayor and City Clerk, for and on behalf of the City of Livonia, to execute the attached contract between the City of Livonia and Orchard, Hiltz & McCliment, Inc , 34000 Plymouth Road, Livonia, Michigan 48150, to provide additional design services for the Safety Improvement Project — Merriman Road Intersection at Five Mile and Six Mile Roads in an amount not to exceed $33,000 00, for a total contract amount not to exceed $102,900 00 (previously approved for $69,900 00 pursuant to CR #309-10), FURTHER, the Council does hereby authorize an additional expenditure in an amount not to exceed $18,100 00 from funds budgeted in Account No 202-463-818-125 (Major Street Fund — City participation in County and MDOT Projects) for this purpose, FURTHER, the Council does hereby authorize an additional expenditure in an amount not to exceed $14,900 00 from Account No 592-158-000 (Water and Sewer Fund — Construction in Progress) for this purpose A communication from the Planning Commission, dated April 12, 2011, re 2011 - 2016 Capital Improvement Program, was received and placed on file for the information of the Council #165-11 WHEREAS, pursuant to state law, the City Planning Commission is responsible for the preparation of a Capital Improvements Program for the ensuing six years, and WHEREAS, the 2011 - 2016 Capital Improvements Program, prepared through a joint effort of several City departments, has been submitted to the City Planning Commission for consideration, and WHEREAS, duly-noticed City Planning Commission public meeting was held on April 19, 2011, and WHEREAS, the Capital Improvements Program presents a realistic program to aid in the determination of a complete fiscal planning strategy for the City of Livonia, and WHEREAS, the City Planning Commission has indicated that it stands ready to do all things necessary to cooperate with the Mayor and City Council in maintaining a functioning program of capital improvements and capital budgeting for the City of Livonia, therefore WHEREAS, the City Planning Commission has adopted the 2011 - 2016 Capital Improvements Program, Regular Meeting Minutes of May 25, 2011 37910 WHEREAS, the City Planning Commission has recommended that the City Council adopt this Capital Improvements Program and use it as a guide to funding priority capital projects with the program, and NOW, THEREFORE, BE IT RESOLVED, that the City Council does hereby adopt the 2011 - 2016 Capital Improvements Program as recommended by the City Planning Commission #166-11 RESOLVED, that having considered a communication from the City Planning Commission, dated April 20, 2011, which transmits its resolution 04-13-2011, adopted on April 19, 2011, with regard to Petition 2011-03-02-02, submitted by Luigi's Pizza & Subs requesting waiver use approval for an outdoor dining patio (seasonal seating) in connection with a full service restaurant located on the north side of Plymouth Road, between Merriman Road and Hubbard Avenue (31530 Plymouth Road), in the Southeast 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 2011-03-02-02 is hereby approved and granted, subject to the following conditions 1 That the Plan dated March 24, 2011, as prepared by Architecturally Speaking is hereby approved and shall be adhered to, disi• 2 That the landscape materials indicated on the approved Plan shall be installed to the satisfaction of the Inspection Department and thereafter permanently maintained in a healthy condition, 3 That the maximum number of customer seats shall not exceed a total of one hundred eleven (111) seats, including seventy-five (75) interior seats and eighteen (18) outdoor patio seats, 4 That in accordance with Section 18 37(j) of the Zoning Ordinance, the petitioner shall be allowed to bank up to twenty- five percent (25%) of the total number of required parking spaces, 5 That the banked parking area shall be maintained as green space and that a future parking plan shall be submitted to the Planning Department, which shall be arranged and designed so that the subject parking spaces can be installed at a later date if the need arises, 6 That the owner shall agree in writing to install such landbanked parking within 180 days of a City Council resolution in which it is determined that such additional parking is needed, Regular Meeting Minutes of May 25, 2011 37911 7 That this approving resolution does not grant approval for the use of outdoor speakers in connection with the outdoor patio, 8 That no advertising shall be permitted on any of the seating apparatus of the outdoor patio area, and 9 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 #167-11 RESOLVED, that having considered a communication from the City Planning Commission, dated April 25, 2011, which transmits its resolution 04-11-2011, adopted on April 19, 2011, with regard to Petition 2011-03-03-01, submitted by the City Planning Commission pursuant to Council Resolution #74-11 and Section 12 08 of the Livonia Code of Ordinances, as amended, to determine whether or not to vacate Library Drive at a total vacation length of 1,003 18 feet, located between Five Mile Road and Civic Center Drive in the Northwest 1/4 of Section 22, which property is zoned PL, the Council does hereby concur in the recommendation of the Planning Commission and Petition 2011-03-03-01 is hereby approved and granted, and the Department of Law is hereby requested to prepare the necessary vacating ordinance in accordance with this resolution #168-11 RESOLVED, that having considered a communication from the City Planning Commission, dated May 11, 2011, which transmits its resolution 05-23-2011, adopted on May 10, 2011, with regard to Petition 2011-04-08-04 submitted by John Kaounas, on behalf of New Big Daddy's Restaurant, requesting site plan approval in connection with a proposal to remodel the exterior of the existing restaurant on property located on the west side of Victor Parkway, between Seven Mile Road and Pembroke Avenue (19333 Victor Parkway), in the Southeast IA of Section 6, pursuant to the provisions set forth in Section 18 47 of Ordinance No 543, as amended, the Council does hereby concur in the recommendation of the Planning Commission and Petition 2011-04-08-04 is hereby approved and granted, subject to the following conditions 1 That the Site Plan marked Sheet C-1 0 dated April 11, 2011, as revised, prepared by J M I Associates, is hereby approved and shall be adhered to, 2 That the Landscape Plans marked Sheet L-1 0 dated April 11, 2011, as revised, prepared by J M I Associates, is hereby approved and shall be adhered to, 3 That underground sprinklers are to be provided for all landscaped and sodded areas and all planted materials shall be Regular Meeting Minutes of May 25, 2011 37912 installed to the satisfaction of the Inspection Department and thereafter permanently maintained in a healthy condition, 4 That the Exterior Building Elevations Plan marked Sheet A-3 0 dated April 11, 2011, as revised, prepared by J M I Associates, is hereby approved and shall be adhered to, 5 That the maximum customer seating count shall not exceed a total of one hundred ninety eight (198) seats, including one hundred seventy (170) interior seats and twenty eight (28) outdoor patio seats, 6 That no advertising shall be permitted on any of the seating apparatus of the outdoor patio area, 7 That the maximum area of each wall-mounted sign and the approximate location of all exterior signage shall be consistent with the previously approved sign package for this site, and that any additional signage shall be separately submitted for review and approval, 8 That no LED lightband or exposed neon shall be permitted on this site including, but not limited to, the building or around the windows, 9 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; and 10 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 the City Council, and unless a building permit is obtained and construction is commenced, this approval shall be null and void at the expiration of said period A roll call vote was taken on the foregoing resolutions with the following result: AYES Brosnan, Schwartz, Pastor, Meakin, Laura, Toy, and McCann NAYS None Three e-mail communications dated May 18, 2011, re tax and water billing records for the properties located at 34026 Navin (Bob Modes) and 32614 Regular Meeting Minutes of May 25, 2011 37913 Seven Mile Road in the Loveland Plaza (John Elieff), were received and placed on file for the information of the Council (Petition 2011-03-02-01) The proposed floor plan prepared by New Perspective Architects, dated May 16, 2011, re proposed full service restaurant to be located within the Loveland Plaza along the north side of Seven Mile Road (Blue Plate Diner), was received and placed on file for the information of the Council (Petition 2011-03-02- 01) On a motion by Meakin, seconded by Schwartz, it was #169-11 RESOLVED, that having considered a communication from the City Planning Commission, dated April 26, 2011, which transmits its resolution 04-12-2011, adopted on April 19, 2011, with regard to Petition 2011-03-02-01, submitted by Bob Modes requesting waiver use approval to operate a full service restaurant (Blue Plate Diner) within the Loveland Plaza retail center on property located on the north side of Seven Mile Road, between Merriman Road and Farmington Road (32614 Seven Mile Road), in the Southwest 1/4 of Section 3, which property is zoned C-1, the Council does hereby concur in the recommendation made by the City Planning Commission and Petition 2011-03-02-01 is hereby approved and granted, subject to the following conditions 1 That the maximum customer seating count shall not exceed fifty two (52) seats, 2 That approval to operate a full service restaurant (Blue Plate Diner) within the Loveland Plaza commercial center shall be permitted only under the circumstances that the special waiver use requirement limiting the number of seats in a C-1 zoning district be waived or modified by the City Council, 3 That this restaurant shall provide a grease container, which shall be adequately screened from public view either within the existing dumpster enclosure or within a separate enclosure, 4 That the collapsing storm sewer catch basin and drain located near the front entrance of the parking lot near the southeast corner shall be repaired, Regular Meeting Minutes of May 25, 2011 37914 5 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, and 6 That no LED lightband or exposed neon shall be permitted on the site including, but not limited to, the building or around the windows A roll call vote was taken on the foregoing resolution with the following result: AYES Brosnan, Schwartz, Pastor, Meakin, Toy, and McCann NAYS Laura The President declared the resolution adopted On a motion by Meakin, seconded by Brosnan, it was #170-11 RESOLVED, that having considered a communication from the City Planning Commission, dated April 26, 2011, which transmits its resolution 04-12-2011, adopted on April 19, 2011, with regard to Petition 2011-03-02-01, submitted by Bob Modes requesting waiver use approval to operate a full service restaurant (Blue Plate Diner) within the Loveland Plaza retail center on property located on the north side of Seven Mile Road, between Merriman Road and Farmington Road (32614 Seven Mile Road), in the Southwest 1/4 of Section 3, which property is zoned C-1, the Council does hereby waive the requirement limiting the number of seats in a C-1 zoning district as set forth in Section 10 03(h)(4) of Zoning Ordinance No 543, as amended, in connection with the approval of waiver use Petition 2011- 03-02-01 A roll call vote was taken on the foregoing resolution with the following result: AYES Brosnan, Schwartz, Pastor, Meakin, Toy, and McCann NAYS Laura The President declared the resolution adopted Bob Modes, 34026 Navin, was present to answer any questions of Council and thanked them for their time and cooperation There was no Audience Communication at the end of the meeting Pastor wanted to give a "shout out" to his daughter, Rachel, and her friend, Nick, who he indicated were watching the Council meeting Regular Meeting Minutes of May 25, 2011 37915 Schwartz expressed his frustration with the handling of road work and construction along Middlebelt Road by Wayne County and indicated the recent lane closure with only one worker present earlier in the week left him gravely concerned Schwartz stated the closure of road lanes impedes and disrupts the flow of traffic which causes difficulty for both residents and business owners and the long construction project in this area has caused irreparable damage Schwartz concluded by indicating he would like to see the construction and road repairs handled by the County in the City of Livonia conducted far more expeditiously Brosnan wished a Happy Birthday to her daughter, Eleanor, who she indicated will turn nine years old this weekend On a motion by Pastor, seconded by Meakin, and unanimously adopted, this 1,681st Regular Meeting of the Council of the City of Livonia was adjourned at 9 25 p m Marecki, City Clerk