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HomeMy WebLinkAboutCOUNCIL MINUTES 2010-08-25 37650 MINUTES OF THE ONE THOUSAND SIX HUNDRED SIXTY THIRD REGULAR MEETING OF AUGUST 25, 2010 On August 25, 2010, the above meeting was held at the City Hall, 33000 Civic Center Drive, Livonia, Michigan and was called to order by Senior Councilmember Toy at 8 00 p m Councilmember Brosnan led the meeting with an invocation Roll was called with the following result. Maureen Miller Brosnan, Conrad Schwartz, John Pastor, Brian Meakin, and Laura Toy Absent: Joe Laura and James McCann Elected and appointed officials present: Todd Zilincik, City Engineer; Karen Tesner, Director of Legislative Affairs, Mark Taormina, City Planner; Don Knapp, City Attorney; Terry A. Marecki, City Clerk, Thomas Robinson, former Councilmember; and Mayor Jack Kirksey On a motion by Meakin, seconded by Schwartz, and unanimously adopted, it was #289-10 RESOLVED, that the Minutes of the 1,662nd Regular Meeting of the Council held August 9, 2010, are hereby approved as submitted Meakin wished a belated Happy 14th Birthday to his daughter, Kellie Anne, who he indicated celebrated her birthday on Tuesday, August 24, 2010 Toy announced the passing of Pam Posthumus, wife of former Lt Governor Dick Posthumus Toy indicated Mrs Posthumus was a wonderful woman who did many wonderful things for our great State and requested a moment of silence in her honor Pastor extended belated Happy Birthday wishes to City Clerk, Terry Marecki, who celebrated her birthday on Tuesday, August 24th Mayor Kirksey introduced his granddaughter, MacKenzie Kirksey, to Council and indicated she was in town visiting from Colorado and added he was very proud of her Regular Meeting Minutes of August 25, 2010 37651 At the direction of the Chair, Agenda Item #12 was removed from the Consent portion of the Agenda At the direction of the Chair, Agenda Item #15 was removed from the Agenda and the Chair indicated the matter would be rescheduled for the next Regular Meeting of Council to be held September 8, 2010 (Petition 2010-06-02-12) There was no Audience Communication at the beginning of the meeting A communication from the Department of Finance, dated July 20, 2010, re forwarding various financial statements of the City of Livonia for the month ending June 30, 2010, was received and placed on file for the information of the Council A communication containing Letters of Understanding signed by the President and Vice President of Lone Pine Corral, Inc , dated August 21, 2010, for the business located at 36480 Plymouth Road, was received and placed on file for the information of the Council On a motion by Pastor, seconded by Schwartz, it was #290-10 RESOLVED, that having considered an application from Karen L Werden, 19651 Flamingo, dated July 14, 2010, requesting permission to close Flamingo Boulevard between St. Martins and Bretton on Saturday, September 11, 2010, 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, September 12, 2010, in the event of inclement weather, the action taken herein being made subject to the approval of the Police Department. #291-10 RESOLVED, that having considered an application from Julie Freda, 15643 Sussex, dated July 13, 2010, requesting permission to close Sussex between Sherwood and Fitzgerald on Saturday, September 11, 2010, from 1 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, September 12, 2010, in the event of inclement weather, the action taken herein being made subject to the approval of the Police Department. Regular Meeting Minutes of August 25, 2010 37652 #292-10 RESOLVED, that having considered an application from Chris Conway, 14917 Fairway, dated August 13, 2010, requesting permission to close Fairway between Country Club and Jamison on Saturday, September 18, 2010, from 4 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. #293-10 RESOLVED, that having considered an application from Thomas Hall, 16620 Country Club, dated July 29, 2010, requesting permission to close Country Club between Wood and Grove on Saturday, September 11, 2010, 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, including therein permission to conduct the said affair on Saturday, September 18, 2010, in the event of inclement weather, the action taken herein being made subject to the approval of the Police Department. #294-10 RESOLVED, that having considered a letter from the Michigan Liquor Control Commission, dated April 14, 2010, and the report and recommendation from the Chief of Police, dated August 4, 2010, approved for submission by the Mayor, the Council does hereby approve of the request from BL Restaurant Operations, LLC (a Delaware Limited Liability Company) to transfer ownership of a 2009 Class C licensed business with Sunday Sales, Official Permit (Food), Outdoor Service (1 area) and 2 bars from Bar Louie Laurel Park, Inc (an Illinois corporation), for a business located at 37716 Six Mile, Suite A100, Livonia, Michigan 48152, Wayne County; and the City Clerk is hereby requested to forward a certified copy of this resolution to the Michigan Liquor Control Commission #295-10 RESOLVED, that having considered the report and recommendation of the Superintendent of Parks and Recreation, dated July 21, 2010, which bears the signature of the Director of Finance and City Attorney and is approved for submission by the Director of Public Works and the Mayor, and which sets forth Livonia Parks & Recreation Commission Resolution 3168-10, to which is attached a proposed Lease Agreement between the City of Livonia and the Livonia City Soccer Club for use of Greenmead Soccer Fields 1 & 2 and Wilson Barn Soccer Field for a period of five (5) years commencing September 1, 2010, and terminating on August 31, 2015, unless otherwise terminated, extended or renewed, the Council does hereby approve the aforesaid Lease Agreement and authorizes the Mayor and City Clerk, for and on behalf of the City of Livonia, to execute the attached Lease Agreement, as well as to do all other things necessary or incidental to the full performance of this resolution Regular Meeting Minutes of August 25, 2010 37653 #296-10 RESOLVED, that having considered the report and recommendation of the Superintendent of Parks and Recreation, dated August 9, 2010, which bears the signature of the Director of Finance and the City Attorney and is approved for submission by the Mayor, the Council does hereby accept the bid of the Detroit Medical Center (DMC) Rehab Institute of Michigan, 261 Mack, Detroit, Michigan 48201, to sublease a portion of the Community Recreation Center (Adult/Sr Lounge) and to provide health and wellness services to patrons for a period of five (5) years with the understanding that DMC will pay $24,000 00 per year for a total of $120,000 00, FURTHER, the Council does hereby authorize the Mayor and City Clerk, for and on behalf of the City of Livonia, to execute a contract with the aforesaid bidder, and to do all other things necessary or incidental to the full performance of this resolution #297-10 RESOLVED, that having considered the report and recommendation of the City Engineer, dated August 6, 2010, 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 by the Mayor, to which is attached a proposed Construction Engineering 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 and McCliment, Inc , 34000 Plymouth Road, Livonia, Michigan 48150, to provide Construction Engineering (CE) services for the Newburgh Road Improvements and Traffic Signal Modernization Project, from Laurel Park Drive North to Seven Mile Road and to enter into a third party agreement with MDOT in an amount not to exceed $127,916 44, FURTHER, the Council does hereby authorize an additional expenditure in the amount of $15,116 44 for Construction Engineering from funds budgeted in Account No 202-463-818-125 for this purpose, FURTHER, the Council does hereby authorize the Mayor and City Clerk, for and on behalf of the City of Livonia, to execute the third party agreement with MDOT for the Newburgh Road Project; and the City Clerk is hereby requested to forward a certified copy of this resolution, together with the signed agreements, to the Michigan Department of Transportation #298-10 RESOLVED, that having considered the report and recommendation of the City Engineer, dated August 9, 2010, which bears the signature of the Director of Finance, is approved by the Director of Public Works and approved for submission by the Mayor, and a communication from the City Engineer, dated August 12, 2010, approved for submission by the Mayor, regarding additional work required in connection with the completion of the Civic Center/Library Drive Parking Lot Improvement and Fire Stations #5 and #6 Parking fir. Lot Paving Project, previously authorized in Council Resolution 162-10, Regular Meeting Minutes of August 25, 2010 37654 adopted on May 12, 2010, the Council does hereby appropriate and authorize the expenditure of the additional sum of $87,891 30 ($23,041 00 for the Civic Center Library Parking Lot and the Fire Station #5 Parking Lot from the Unexpended Fund Balance of the Capital Projects Fund (401) and $64,350 30 for the Civic Center/Library Drive Reconstruction and Improvement from the Unexpended Fund Balance of the Major Street Fund (202)) to be paid to Nagle Paving Company, 36788 Amrhein, Livonia, Michigan 48150, and the City Engineer is hereby authorized to approve minor adjustments in the work, as needed, FURTHER, the Council does hereby authorize this action without competitive bidding for the reasons indicated in the aforesaid communication, and such action is taken in accordance with Section 3 04 140 D 4 of the Livonia Code of Ordinances, as amended #299-10 RESOLVED, that having considered the report and recommendation of the City Engineer, dated August 5, 2010, which bears the signature of the Director of Finance and City Attorney, is approved by the Director of Public Works and approved for submission by the Mayor, to which is attached an agreement between the Michigan Department of Transportation and the City of Livonia for the traffic signal upgrades along Middlebelt Road from Five Mile Road to Seven Mile Road, the Council does hereby authorize the Mayor and City Clerk, for and on behalf of the City of Livonia, to execute this agreement in the manner and form herein submitted, FURTHER, the Council does hereby authorize the expenditure of the sum of $94,600 00 from Account No 202-463-818-125 (Major Street Fund — City participation in County and MDOT Projects) for the City's estimated share of this project (20% of the total estimated cost for this project of $473,000 00), and the City Clerk is hereby requested to forward a certified copy of this resolution, together with the signed agreements, to the Michigan Department of Transportation #300-10 RESOLVED, that having considered a letter from the Michigan Liquor Control Commission, dated April 29, 2010, and the report and recommendation from the Chief of Police, dated August 11, 2010, approved for submission by the Mayor, the Council does hereby approve of the request from Lone Pine Corral Inc to transfer ownership of a 2009 Class C licensed business, located in escrow at 6200-6208 N Telegraph, Dearborn Heights, Michigan 48127, Wayne County, from United Bank and Trust — Washtenaw; request to transfer location (Governmental Unit) under MCL 436 1531(1) to 36480 Plymouth, Livonia, MI 48150, Wayne County; and request for new Dance-Entertainment Permit; and the City Clerk is hereby requested to forward a certified copy of this resolution to the Michigan Liquor Control Commission Regular Meeting Minutes of August 25, 2010 37655 #301-10 RESOLVED, that having considered a communication from the Department of Law, dated July 16, 2010, the Council does hereby amend and revise Council Resolution No 188-10 to read as follows WHEREAS pursuant to P.A. 198 of 1974, as amended, after a duly noticed public hearing, the City Council of the City of Livonia, established Livonia Industrial Development Overlay District No 111, on December 19, 2006, for property at 13753 Otterson Court, thereby creating an "eligible district" for purposes of Act 328 of 1998, as amended (the "Act"), and WHEREAS Wahler Automotive Systems, Inc , a Michigan corporation and an eligible business under the Act, has filed an Application for Exemption of New Personal Property to be located in the referenced eligible district; and WHEREAS before acting upon said Application the City Council of the City of Livonia held a public hearing on the 17th day of May, 2010, at 7 00 p m in Livonia City Hall at 33000 Civic Center Drive, Livonia, Michigan, at which the Applicant, City Assessor and a representative of the effected taxing units were given written notice and were afforded an opportunity to be heard on said Application, NOW THEREFORE, BE IT RESOLVED that the City Council of the City of Livonia hereby approves the Application of Wahler Automotive Systems, Inc for the Exemption of New Personal Property to be installed in the referenced eligible district, and BE IT FURTHER RESOLVED THAT if the owner or lessee of a facility for which an Exemption of New Personal Property under the Act is in effect relocates that facility outside of the eligible district during the period in which the Exemption is in effect, the owner or lessee is liable to the City from which it is leaving, upon relocating, for an amount to be determined in accordance with a Letter of Agreement executed between Wahler Automotive Systems, Inc and the City of Livonia If the City determines that it is in its best interest, the City may forgive the liability of the owner or lessee under the terms of the Letter of Agreement. The payment provided for in the Letter of Agreement shall be distributed in the same manner as property taxes are distributed BE IT FURTHER RESOLVED THAT the New Personal Property Exemption when issued shall be, and remain in force and effect for a period of 9 years, beginning on May 26, 2010, and ending December 30, 2019 BE IT FURTHER RESOLVED THAT Wahler Automotive Systems, Inc shall file with the City Assessor two (2) personal property statements Regular Meeting Minutes of August 25, 2010 37656 each year one statement for Exempt New Personal Property and one statement for all other personal property; and BE IT FURTHER RESOLVED THAT the Application submitted by Wahler Automotive Systems, Inc is for an Exemption of New Personal Property that will be located in the following described parcel of real estate situated within the City of Livonia, in Industrial Development Overlay District No 111, established on December 19, 2006, Beginning at the Northeast corner of said section and proceeding thence S 02°55'42"E , 5,427 57 feet to the Southeast corner of said section, thence S 87°56'23"W, 5,289 50 feet to the Southwest corner of said section, thence N 02°32'48"W , 5,404 56 feet to the Northwest corner of said section, thence N 87°41'48"E , 5,253 17 feet to the point of beginning and the Northeast corner of said section, excluding the following described area which is zoned residential Lot 1 through Lot 18 of the Newman Wadsworth Farms Subdivision as recorded in Liber 71 of Plats on Page 56, W C R also excluding Lot 16 through Lot 20 of the Walter Dann Subdivision as recorded in Liber 67 of Plats on Page 79, W C R also excluding Lot 12 through Lot 112 and Lot 114 through Lot 127 of the Alden Village Subdivision as recorded in Liber 66 of Plats on Page 78, W C R also excluding The North 300 feet of the following described parcel, a parcel of land described as beginning at a point distant due West 1,328 40 feet from the Southeast corner of Section 28 and proceeding thence N 01°25'00"W , 647 60 feet; thence S 89°41'00"W , 133 20 feet; thence S 01°24'00"E , 646 90 feet, thence due East 133 46 feet to the point of beginning also excluding A parcel of land described as beginning at the Southeast corner of Lot 125 of the Alden Village Subdivision as recorded in Liber 66 of Plats on Page 78, W C R and proceeding thence S 01°39'20"W , 18 60 feet; thence N 88°21'40"W , 97 26 feet; thence N 01°01'20"E , 18 60 feet, thence S 88°21'40"E , 97 46 feet to the point of beginning also excluding Regular Meeting Minutes of August 25, 2010 37657 The North 300 feet of the following described parcel, a parcel of land described as beginning at a point distant S 89°17'20"E , 331 55 feet from the South 1/4 corner of Section 28 and proceeding thence N 00°28'00"W , 643 94 feet; thence S 89°51'50"E , 225 41 feet; thence S 00°29'30"E , 646 21 feet; thence N 89°17'20"W , 225 76 feet to the point of beginning also excluding A parcel of land described as beginning at a point distant S 88°17'20"E , 1,039 42 feet and S 01°23'38"W , 528 69 feet from the West '/4 corner of Section 28 and proceeding thence S 88°47'30"E , 1,140 71 feet; thence S 01°22'10"W , 436 82 feet; thence N 88°41'40"W , 384 00 feet, thence N 12°40'12"W , 206 10 feet, thence N 88°41'40"W , 474 03 feet; thence S 12°40'12"E , 206 10 feet; thence, N 88°41'40"W , 282 86 feet; thence N 01°23'38"E , 434 88 feet to the point of beginning also excluding A parcel of land described as beginning at the Northeast corner of Lot 95 of the Alden Village Subdivision as recorded in Liber 66 of Plats on Page 78, W C R and proceeding thence N 89°21'00"W , 182 97 feet, thence N 00°42'50"E , 437 84 feet; thence S 89°29'47"E , 240 31 feet; thence S 00°22'00"W , 177 24 feet, thence N 89°21'00"W , 60 00 feet; thence S 00°22'00"W , 260 00 feet to the point of beginning also excluding A parcel of land described as beginning at the Southwest corner of Lot 43 of the Alden Village Subdivision as recorded in Liber 66 of Plats on Page 78, W C R and proceeding thence S 00°42'50"W , 60 00 feet; thence N 89°21'00"W , 179 38 feet; thence N 00°44'20"E , 1,150 85 feet; thence S 89°15'40"E , 147 00 feet; thence S 00°44'20"W , 430 65 feet; thence S 89°21'00"E , 92 05 feet; thence S 00°42'50"W , 200 00 feet; thence N 89°21'00"W , 60 00 feet; thence S 00°42'50"W , 460 00 feet to the point of beginning BE IT FINALLY RESOLVED that the City Clerk shall cause the Application for Exemption of New Personal Property to be completed and shall take all the steps necessary to insure that the completed Application and a copy of this Resolution are filed with the State Tax Commission in a timely fashion A roll call vote was taken on the foregoing resolutions with the following result: AYES Brosnan, Schwartz, Pastor, Meakin, and Toy Regular Meeting Minutes of August 25, 2010 37658 NAYS None A communication from the Department of Law, dated August 20, 2010, re clarification on denial of drive-up window for Dairy Queen business located at 37405 Ann Arbor Road, was received and placed on file for the information of the Council (Petition 2010-06-02-13) On a motion by Pastor, seconded by Meakin, and unanimously adopted, it was #302-10 RESOLVED, that having considered a communication from the City Planning Commission, dated July 23, 2010, which transmits its resolution 07-49-2010, adopted on July 20, 2010, with regard to Petition 2010-06-02-13, submitted by Dairy Queen requesting waiver use approval to operate a full service restaurant with drive-up window facilities on property located on the Southwest corner of Ann Arbor Road and Newburgh Road (37405 Ann Arbor Road), in the Northeast 1/4 of Section 31, which property is zoned C-2, the Council does hereby concur in the recommendation made by the City Planning Commission and Petition 2010-06-02-13 is hereby approved and granted, subject to the following conditions 1 That drive-up window facilities are not approved with this request for a full service restaurant; 2 That the Site Plan marked C101 dated July 14, 2010, as revised, prepared by DTS Architects, is hereby approved and shall be adhered to, 3 That the maximum customer seating count shall not exceed a total of thirty-eight (38) seats, including twenty-six (26) interior seats and twelve (12) outdoor patio seats, 4 That a trash receptacle shall be provided for the outdoor patio area and shall be emptied regularly as needed, 5 That the three walls of the trash dumpster area, whether it is relocated or not, shall be constructed out of the same brick used in the construction of the building or in the event a poured wall is substituted, the wall's design, texture and color shall match that of the building and the enclosure gates shall be of solid panel steel construction or durable, long-lasting solid panel fiberglass and maintained and when not in use closed at all times, Regular Meeting Minutes of August 25, 2010 37659 6 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, 7 That no LED lightband or exposed neon shall be permitted on this site including, but not limited to, the building or around the windows, 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 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 On a motion by Pastor, seconded by Brosnan, and unanimously adopted, it was #303-10 RESOLVED, that having considered a communication from the City Planning Commission, dated July 23, 2010, which transmits its resolution 07-49-2010, adopted on July 20, 2010, with regard to Petition 2010-06-02-13, submitted by Dairy Queen requesting waiver use approval to operate a full service restaurant with drive-up window facilities on property located on the Southwest corner of Ann Arbor Road and Newburgh Road (37405 Ann Arbor Road), in the Northeast ' of Section 31, which property is zoned C-2, the Council does hereby refer the issue of the drive-up facilities to the Committee of the Whole for its report and recommendation On a motion by Schwartz, seconded by Pastor, and unanimously adopted, it was #304-10 RESOLVED, that having considered an application from Andy Magar and Carol White, 17515 Doris, dated July 26, 2010, requesting permission to close Sunset between Bobrich and Jeanine on Saturday, September 11, 2010, 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 Sunday, September 12, 2010, in the event of inclement weather, the action taken herein being made subject to the approval of the Police Department. Regular Meeting Minutes of August 25, 2010 37660 Kerry Kirsch, 30858 Mayville, was present to answer any questions of Council and thanked Council for their time and consideration There was no Audience Communication at the end of the meeting 41" On a motion by Brosnan, seconded by Schwartz, and unanimously adopted, this 1,663rd Regular Meeting of the Council of the City of Livonia was adjourned at 8 12 p m dzi a kei, Terry A arecki, City Clerk