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HomeMy WebLinkAboutCOUNCIL MINUTES 2011-07-06 37939 MINUTES OF THE ONE THOUSAND SIX HUNDRED EIGHTY FOURTH REGULAR MEETING OF JULY 6, 2011 On July 6, 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 Meakin led the meeting with an invocation Roll was called with the following result: Brian Meakin, Joe Laura, Laura Toy, Maureen Miller Brosnan, Conrad Schwartz, John Pastor, and James McCann Absent: None Elected and appointed officials present: Kevin Roney, Assistant 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 Brosnan, it was #198-11 RESOLVED, that the Minutes of the 1,683rd Regular Meeting of the Council held June 20, 2011, are hereby approved as submitted A roll call vote was taken on the foregoing resolution with the following result: AYES Meakin, Laura, Brosnan, Schwartz, Pastor, and McCann NAYS None PRESENT Toy President McCann announced there would be two X-items discussed at the end of the meeting concerning the Infrastructure and Community Transit Committee meeting of June 30, 2011, re the subject matter of a Storm Water Management Study and the subject matter of a local bus transportation system (CR 324-10 and CR 325-10) (CR 917-98) President McCann announced the following Public Hearing will be held on Monday, July 11, 2011, at 7 00 p m in the Auditorium of Livonia City Hall, 33000 Civic Center Drive, Livonia, Michigan Appeal of the denial of the Planning Commission regarding Petition 2011-05-02-05 submitted by Fellowship Community requesting waiver Regular Meeting Minutes of July 6, 2011 37940 use approval to operate a second-hand store (New 2 U) located on the east side of Middlebelt Road, between Five Mile Road and Sunnydale Avenue (15950 Middlbelt Road), in the Southwest 1/4 of Section 13 During Audience Communication, Terry Cannen, 20128 Whitby Street, addressed Council to express his concern for the cuts made in the State's Budget and how said cuts negatively impact Livonia Schools and the Livonia Community in general Christopher Martin, 12275 Inkster Road, addressed Council to thank Councilmember Schwartz and Councilmember Brosnan for appointing new people to the Zoning Board of Appeals A communication from the Department of Finance, dated June 17, 2011, re forwarding the Quarterly Investment Report of the City of Livonia for the month ending May 31, 2011, was received and placed on file for the information of the Council A communication from the Department of Finance, dated June 21, 2011, re forwarding various financial statements of the City of Livonia for the month ending May 31, 2011, was received and placed on file for the information of the Council On a motion by Toy, seconded by Brosnan, it was #199-11 RESOLVED, that having considered an application from Stacie Pettit, 8937 Louisiana, dated June 14, 2011, requesting permission to close Louisiana between Oregon and Kentucky on Saturday, August 20, 2011, 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, the action taken herein being made subject to the approval of the Police Department. #200-11 RESOLVED, that having considered an application from Marcella Vance, 15901 Auburndale, dated June 16, 2011, requesting permission to close Auburndale between Myrna and Five Mile Road on Saturday, August 20, 2011, from 12 00 p m to 10 00 p m for the purpose of conducting a block party, the Council does hereby grant i- permission as requested, including therein permission to conduct the said affair on Sunday, August 21, 2011, in the event of inclement weather, the action taken herein being made subject to the approval of t'"' the Police Department. Regular Meeting Minutes of July 6, 2011 37941 #201-11 RESOLVED, that having considered an application from Jeanine Miller, 9311 Woodring, dated June 21, 2011, requesting permission to close Woodring between Vermont and Oregon on Saturday, August 6, 2011, from 2 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 Sunday, August 7, 2011, in the event of inclement weather, the action taken herein being made subject to the approval of the Police Department. #202-11 RESOLVED, that having considered a letter from Erin Churgin, Fundraising Coordinator, Livonia Blue Jays, dated June 17, 2011, requesting the Council grant a waiver of the City's Noise Ordinance in connection with a "movie night" they are planning on Friday, July 22, 2011, outside at Bentley Field, the Council does hereby approve this request waiver of the Noise Ordinance from 9 00 pm to 11 00 p m #203-11 RESOLVED, that having considered a communication from the Director of Public Works, dated June 17, 2011, approved for submission by the Mayor, the Council does, for and on behalf of the City of Livonia, accept the grant in the amount of $5,000 00 from ITC Holdings Corp , to be used to maintain the City's urban forest and/or replace undersirable species with species that will not present potential conflicts with electric transmission lines #204-11 RESOLVED, that having considered the report and recommendation of the City Engineer, dated June 17, 2011, which bears the signature of the Director of Finance, is approved by the Director of Public Works, and is approved for submission by the Mayor, the Council does hereby accept the unit price bid of Nagle Paving Company, 36780 Amrhein, Livonia, Michigan 48150, for completing all work required in connection with the Fire Station #1 Drive and the Police Station Rear Parking Lot Improvements (Contract 11-E) for the estimated total cost of $387,750 50, based upon the Engineering Department's estimate of units involved, and subject to a final payment based upon the actual units completed in accordance with the unit prices accepted herein, said estimated cost and unit prices having been in fact the lowest bid received and meets all specifications, FURTHER, the Council does hereby authorize the expenditure of a sum not to exceed $387,750,50 from funds already budgeted for this purpose as follows $206,700 00 from Account No 401-000-971-000 (Capital Projects), $178,000 00 from Account No 401-000-974-000 (Capital Projects), and $3,050 50 from Account No 401-000-974-000 (Sidewalk/Pavement Repairs for Misc Buildings — Capital Projects), FURTHER, the Council does hereby authorize an expenditure in an amount not to exceed $33,300 00 from funds already budgeted in Account No 401-000-971-000 (Capital Projects Fund) to be paid to Regular Meeting Minutes of July 6, 2011 37942 Spalding DeDecker, Inc , 905 South Blvd East, Rochester Hills, Michigan 48307, for materials testing allowance and construction observation, and the City Engineer is hereby authorized to approve minor adjustments in the work as it becomes necessary; and the Mayor and City Clerk are hereby authorized to execute a contract for and on behalf of the City of Livonia with the aforesaid bidder and to do all other things necessary or incidental to the full performance of this resolution #205-11 RESOLVED, that having considered a communication from the City Planning Commission, dated June 8, 2011, which transmits its resolution 06-31-2011 , adopted on June 7, 2011, with regard to Petition 2011-05-02-06, submitted by R&B Coffeehouse of Livonia, L.L.0 requesting waiver use approval to operate a limited service restaurant (Biggby Coffee) within the Millennium Plaza Shopping Center on property located on the south side of Seven Mile Road between Farmington Road and Irving Boulevard (33443 Seven Mile Road), in the Northeast 1/4 of Section 9, which property is zoned C-2, the Council does hereby concur in the recommendation of the Planning Commission and Petition 2011-05-02-06 is hereby approved and granted, subject to the following conditions 1 That the maximum number of customer seats shall not exceed a total of thirty (30) seats, including a maximum of ten (10) outdoor patio seats, 2 That a fully detailed patio plan, including information concerning overall dimensions, lighting, perimeter fencing, furniture, access points and landscaping shall be submitted for approval to the Planning Commission, 3 That if a grease container is required now or in the future, it shall be adequately screened from public view either within the existing dumpster enclosure or within a separate enclosure, 4 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 5 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 resolutions with the following result: AYES Meakin, Laura, Toy, Brosnan, Schwartz, Pastor, and McCann Regular Meeting Minutes of July 6, 2011 37943 NAYS None Meakin gave second reading to the following Ordinance AN ORDINANCE VACATING PORTIONS OF STREET, ALLEY AND PUBLIC GROUND (Petition 2011-03-03-01) A roll call vote was taken on the foregoing Ordinance with the following result: AYES Meakin, Laura, Toy, Brosnan, Schwartz, Pastor, and McCann NAYS None The President declared the foregoing Ordinance duly adopted, and would become effective on publication On a motion by Toy, seconded by Meakin, it was #206-11 RESOLVED, that having considered a communication from the City Planning Commission, dated June 13, 2011, which transmits its resolution 06-33-2011, adopted on June 7, 2011, with regard to Petition 2011-05-08-05 submitted by Unique Design Services, requesting site plan approval in connection with a proposal to renovate the exterior of the commercial building on property located on the south side of Six Mile Road, between Middlebelt Road and Oporto Street (29419 Six Mile Road), in the Northeast '/ of Section 14, pursuant to the provisions set forth in Section 18 58 of Ordinance No 543, as amended, the Council does hereby concur in the recommendation of the Planning Commission and Petition 2011-05- 08-05 is hereby approved and granted, subject to the following conditions 1 That the Site Plan, Floor Plan & Survey Plan marked Sheet A-1 dated May 11, 2011, prepared by Unique Design Services, is hereby approved and shall be adhered to, 2 That the Building Elevations Plan marked Sheet A-2 dated May 11, 2011, prepared by Unique Design Services, is hereby approved and shall be adhered to, 3 That all rooftop mechanical equipment shall be concealed from public view on all sides by screening that shall be of a compatible character, material and color to other exterior materials on the building, Regular Meeting Minutes of July 6, 2011 37944 4 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, 5 That no LED lightband or exposed neon shall be permitted on this site including, but not limited to, the building or around the windows, 6 That a Landscape Plan shall be submitted for approval by the Planning Department to include the area around the proposed sign, 7 That approval is granted by the Building Code Board of Appeals for window and door openings on the east side of the building, 8 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 9 Pursuant to Section 19 10 of Ordinance No 543, the Zoning Ordinance of the City of Livonia, this approval is valid for a period of one year only from the date of approval by City Council, and unless a building permit is obtained, this approval shall be null and void at the expiration of said period A roll call vote was taken on the foregoing resolution with the following result: AYES Meakin, Toy, Brosnan, Schwartz, Pastor, and McCann NAYS Laura The President declared the resolution adopted On a motion by Meakin, seconded by Toy, and unanimously adopted, it was #207-11 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 A communication from the Engineering Division, dated June 17, 2011, re proposed interagency agreement between the County of Wayne and the City of Livonia to provide grant funds for the Whispering Willows Storm Water Detention Regular Meeting Minutes of July 6, 2011 37945 Basin Project, was received and placed on file for the information of the Council (CR 44-99) A communication from the Engineering Division, dated June 20, 2011, re proposed interagency agreement between the County of Wayne and the City of Livonia to provide funds for the Bell Branch Streambank Stabilization Project (a/k/a Rennolds' Ravines), was received and placed on file for the information of the Council (CR 44-99) On a motion by Brosnan, seconded by Toy, and unanimously adopted, it was #208-11 RESOLVED, that having considered the report and recommendation of the Infrastructure and Community Transit Committee, dated June 30, 2011, submitted pursuant to Council Resolution No 44-99, regarding the subject of a Storm Water Management Study and a communication from the City Engineer, dated June 17, 2011, which bears the signature of the Finance Director, is approved by the Director of Public Works and the City Attorney and is approved for submission by the Mayor, the Council does hereby authorize the Mayor and City Clerk, for and on behalf of the City of Livonia, to execute an agreement between the City of Livonia and Wayne County for federal grant funding in an amount up to $200,000 00 for the Whispering Willows Storm Water Detention Basin Project; FURTHER, the Council does hereby appropriate and authorize an expenditure in an amount not to exceed $135,075 00 from Account No 465-000-973-165 (Drainage Improvement Fund) for this purpose, FURTHER, the Council does hereby appropriate and authorize an additional expenditure in an amount not to exceed $64,925 00 from Account No 401-000-974-000 (Capital Projects Fund) for this purpose, and the City Clerk is hereby requested to do all things necessary or incidental to the full performance of this resolution On a motion by Brosnan, seconded by Schwartz, and unanimously adopted, it was #209-11 RESOLVED, that having considered the report and recommendation of the Infrastructure and Community Transit Committee, dated June 30, 2011, submitted pursuant to Council Resolution No 44-99, regarding the subject of a Storm Water Management Study and a communication from the City Engineer, Regular Meeting Minutes of July 6, 2011 37946 dated June 20, 2011, which bears the signature of the Finance Director, is approved by the Director of Public Works and the City Attorney and is approved for submission by the Mayor, the Council does hereby authorize the Mayor and City Clerk, for and on behalf of the City of Livonia, to execute an agreement between the City of Livonia and Wayne County for federal grant funding in an amount up to $150,000 00 for the Bell Branch Streambank Stabilization Project, FURTHER, the City of Livonia's participation is conditioned upon the creation of a Special Assessment District to provide the matching funds necessary in order to secure grant funding, and the City Clerk is hereby requested to do all things necessary or incidental to the full performance of this resolution On a motion by Brosnan, seconded by Schwartz, and unanimously adopted, it was #210-11 RESOLVED, that having considered the report and recommendation of the Infrastructure and Community Transit Committee, dated June 30, 2011, submitted pursuant to Council Resolution No 44-99, regarding the subject of a Storm Water Management Study and a communication from the City Engineer, dated June 20, 2011, which bears the signature of the Finance Director, is approved by the Director of Public Works and the City Attorney and is approved for submission by the Mayor, the Council does hereby refer the subject of whether a Special Assessment District can include the property owners on the north side of the Creek to the Department of Law, in cooperation with the Engineering and Assessing Departments, for a report and recommendation A communication from Gerald A. Bagazinski, dated June 30, 2011, re how an expanded Livonia Transit Service may look, was received and placed on file for the information of the Council (CR 917-98) A communication from the Department of Community Resources, dated June 30, 2011, re an update on the Livonia Community Transit (LCT) system, was received and placed on file for the information of the Council (CR 917-98) Brosnan provided a verbal update concerning the subject of a local bus transportation system for the City of Livonia and indicated the matter would remain in the Infrastructure and Community Transit Committee (CR 917-98) Regular Meeting Minutes of July 6, 2011 37947 On a motion by Meakin, seconded by Toy, and unanimously adopted, it was #211-11 RESOLVED, that having considered an application from Ron Bozzi, 18173 Lathers, dated June 30, 2011, requesting permission to close Lathers, between Curtis and the dead-end of Lathers at the entrance to the nature trail, on Saturday, July 16, 2011, from 12 00 p m to 1000 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. There was no Audience Communication at the end of the meeting On a motion by Meakin, seconded by Schwartz, and unanimously adopted, this 1,684th Regular Meeting of the Council of the City of Livonia was adjourned at 8 28 p m itelt-12—e Terry(. Marecki, City Clerk