HomeMy WebLinkAboutCOUNCIL MINUTES 2010-09-08 37661
MINUTES OF THE ONE THOUSAND SIX HUNDRED SIXTY FOURTH
REGULAR MEETING OF SEPTEMBER 8, 2010
On September 8, 2010, 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 Schwartz led the meeting with
the Pledge of Allegiance
Roll was called with the following result: Conrad Schwartz, John
Pastor, Brian Meakin, Joe Laura, Maureen Miller Brosnan, and James McCann
Absent: Laura Toy
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; Wayne County Commissioner
Joan Gebhardt; and Mayor Jack Kirksey
On a motion by Brosnan, seconded by Pastor, it was
#305-10 RESOLVED, that the Minutes of the 1663rd Regular
Meeting of the Council held August 25, 2010, are hereby approved as
submitted
A roll call vote was taken on the foregoing resolution with the following result:
AYES Schwartz, Pastor, Meakin, and Brosnan
NAYS None
PRESENT Laura and McCann.
The President declared the resolution adopted
Joan Gebhardt, Wayne County Commissioner, 35248 Leon, Livonia,
addressed Council to announce she will host a Citizens Help Forum for "Save Your
Home" which is open to all Wayne County residents Ms Gebhardt indicated the
event will take place at the Bailey Center located at 36651 Ford Road, Westland,
Michigan on Thursday, September 9, 2010, from 6 00 p m to 8 00 p m , and
encouraged Livonia residents to attend the event
Regular Meeting Minutes of September 8, 2010 37662
President McCann introduced Christine Jaddou, representative for the
2010 United States Census Bureau, who was present to provide plaques to the City
for their participation in this year's Census Ms Jaddou indicated that Livonia was
the top City in the Nation for Census with an above 80% participation rate and
presented on behalf of Dr Groves, Director of the United States Census Bureau,
plaques to honor the City for its participation in the 2010 Census
Mayor Kirksey accepted the plaques on behalf of the citizens of Livonia
and thanked Dave Varga, Director of Administrative Services, and Mark Taormina,
Director of Planning and Economic Development, for their dedicated assistance in
the 2010 Census
During Audience Communication, John Grzebik, 11301 Hubbell,
addressed Council to explain the purpose and function of the Livonia PTSA Council
and stated 50¢ from each school is given back to the PTSA Council Mr Grzebik
indicated the State Legislature is looking for ways to restore portions of the 20J
funding and encouraged any resident interested in obtaining further information to
visit the Livonia Public Schools' website Mr Grzebik concluded by reminding
Livonia residents that a memorial ceremony has been scheduled to honor 9/11 at
the American Legion Hall Post 32 located at 9318 Newburgh Road on Saturday,
September 11th and is scheduled to begin at 6 30 p m
Joanne Porretta, 28788 Wilton Drive, Farmington Hills, Michigan
48331, addressed Council to express her concerns about the City's Vacant and
Abandoned Building Program (Ordinance #2844) and indicated the property
previously owned by her mother at 19365 Hardy Street had been mislabeled as a
vacant home
A communication from the Department of Finance, dated August 20,
2010, re forwarding various financial statements of the City of Livonia for the month
ending July 31, 2010, was received and placed on file for the information of the
Council
A communication from the Engineering Division, dated August 30,
2010, re Mr Frank Kalinski's concerns with respect to the Merriman Road Safety
Improvement Project, was received and placed on file for the information of the
Council
On a motion by Pastor, seconded by Brosnan, it was
#306-10 RESOLVED, that having considered a letter from the
Michigan Liquor Control Commission, dated April 12, 2010, and the
Regular Meeting Minutes of September 8, 2010 37663
report and recommendation from the Chief of Police, dated August 6,
2010, approved for submission by the Mayor, the Council does hereby
approve of the request from OSI/Flemings, LLC (a Delaware Limited
Liability Company) to transfer ownership of a 2009 Class C licensed
business with Outdoor Service (1 area) and Official Permit (Food) from
Fleming's/Great Lakes-I, Limited Partnership (a Florida Limited
Partnership) (Step 2) for a business located at 17400 Haggerty,
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
#307-10 RESOLVED, that having considered a letter from the
Michigan Liquor Control Commission, dated June 7, 2010, and the
report and recommendation from the Chief of Police, dated August 17,
2010, approved for submission by the Mayor, the Council does hereby
approve the request from Livonia Koney, LLC to transfer ownership of
an escrowed 2010 Tavern licensed business, located at 26800
Plymouth, Redford, MI 48239, Wayne County, from Pizza Hut of
America, Inc , transfer location (Governmental Unit under MCL
436 1531(1)) to 29530 W Seven Mile Road, Livonia, Michigan 48152,
Wayne County; and request for new Official Permit (Food) and new
Outdoor Service area for a business located at 29530 W Seven Mile
Road, Livonia, Michigan 48152, Wayne County, and the City Clerk is
16.0 hereby requested to forward a certified copy of this resolution to the
Michigan Liquor Control Commission
#308-10 RESOLVED, that having considered the report and
recommendation of the Superintendent of Public Service and the
Director of Public Works, dated August 18, 2010, which bears the
signature of the Director of Finance and is approved for submission by
the Mayor, the Council does hereby accept the proposal of A.K
Equipment, Inc , 7254 Quincy Street, Zeeland, Michigan 49464, for
completing all work required in connection with the construction of a
divider and end walls in the existing transfer station for the City's salt
storage needs in the total amount of $57,613 00, FURTHER, the
Council does hereby authorize the expenditure of a sum not to exceed
$57,613 00 from funds budgeted in Account No 203-479-976-000 for
this purpose, FURTHER, the Council does hereby authorize this
purchase 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,
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
company and to do all things necessary or incidental to the full
performance of this resolution
Regular Meeting Minutes of September 8, 2010 37664
An e-mail communication from the Department of Engineering, dated
August 30, 2010, re follow-up discussions with Mr Frank Kalinski to address his
letter of August 27, 2010, and concerns with respect to the Merriman Road Safety
Improvement Project, was received and placed on file for the information of the
Council
A communication from Frank Kalinski, dated August 27, 2010, re
concerns with respect to the Merriman Road Safety Improvement Project, was
received and placed on file for the information of the Council
#309-10 RESOLVED, that having considered the report and
recommendation of the City Engineer, dated August 19, 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 Individual Project
Services Agreement 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,
34000 Plymouth Road, Livonia, Michigan 48150, to provide design
services for the Safety Improvement Project — Merriman Road
intersection at Five Mile and Six Mile Roads in an amount not to
exceed $69,900 00, FURTHER, the Council does hereby authorize an
expenditure in an amount not to exceed $69,900 00 from funds
anticipated in the 2011 Budget, Account No 202-463-818-125 (Major
Street Fund — City participation in County and MDOT Projects), for this
purpose, and the City Engineer is hereby authorized to approve minor
adjustments in the work, as it becomes necessary
#310-10 RESOLVED, that having considered a communication
from the City Planning Commission, dated August 12, 2010, which
transmits its resolution 08-58-2010, adopted on August 10, 2010, with
regard to Petition 2010-06-SN-03, submitted by Costco Wholesale
requesting approval for additional wall signage for the commercial
building (Costco), on property located on the east side of Haggerty
Road, between Seven Mile Road and Eight Mile Road (20000
Haggerty Road), in the Northwest '/4 of Section 6, the Council does
hereby concur in the recommendation of the Planning Commission and
Petition 2010-06-SN-03 is hereby approved and granted, subject to the
following conditions
Regular Meeting Minutes of September 8, 2010 37665
1 That the Sign Plan marked Drawing #1 dated August 4, 2010,
as revised, prepared by Spectrum Sign Corp , is hereby
approved and shall be adhered to, provided that: a) the two (2)
existing "Costco Wholesale" signs located on the east and north
sides of the building are completely removed and the walls of
the building are restored to match the existing conditions, and b)
that the Petitioner shall be allowed to install a third channel
letter sign of equal dimensions and specifications along the east
elevation,
2 That no LED lightband or exposed neon shall be permitted on
this site including, but not limited to, the building or around the
windows,
3 That all signage for this building shall not be illuminated beyond
one (1) hour after this business closes,
4 That this approval is subject to the petitioner being granted a
variance form the Zoning Board of Appeals for excess signage
and any conditions related thereto, and
5 That the specific plans referenced in this approving resolution
shall be submitted to the Inspection Department at the time the
sign permits are applied for
A roll call vote was taken on the foregoing resolutions with the following result:
AYES Schwartz, Pastor, Meakin, Laura, Brosnan, and McCann
NAYS None
A communication from the Assistant City Assessor, dated April 30,
2010, containing the "City of Livonia 2010 Assessment Data Booklet", was received
and placed on file for the information of the Council (CR 171-05)
A communication entitled "Wayne County Taxable Value Changes
2009-2010" handout, marked as Exhibit 1, received at the Finance, Budget and
Technology Committee meeting of August 23, 2010, was received and placed on file
for the information of the Council (CR 171-05)
A communication entitled "City of Livonia General Fund Property Tax
Revenue for the Fiscal Years 2008-2013" handout, marked as Exhibit 2, received at
Regular Meeting Minutes of September 8, 2010 37666
the Finance, Budget and Technology Committee meeting of August 23, 2010, was
received and placed on file for the information of the Council (CR 171-05)
A communication entitled "City of Livonia State Shared Revenue
History" handout, marked as Exhibit 3, received at the Finance, Budget and
Technology Committee meeting of August 23, 2010, was received and placed on file
for the information of the Council (CR 171-05)
A communication entitled "City of Livonia Personnel Headcount
Summary — Change from 2001 to Current Budget" handout, marked as Exhibit 4,
received at the Finance, Budget and Technology Committee meeting of August 23,
2010, was received and placed on file for the information of the Council (CR 171-
05)
Councilmember Pastor provided a verbal update concerning the
subject of miscellaneous budget issues and the Pre-Budget meeting held on August
23, 2010, and indicated the matter would remain in the Finance, Budget and
Technology Committee at this time (CR 171-05)
Councilmember Pastor stepped down from the podium at 8 20 p m to
avoid a perceived conflict of interest.
On a motion by Brosnan, seconded by Laura, it was
RESOLVED, that having considered a communication
from the City Planning Commission, dated August 11, 2010, which
transmits its resolution 08-55-2010, adopted on August 10, 2010, with
regard to Petition 2010-06-02-12, submitted by Jeffery A. Scott
Architects requesting waiver use approval to add drive-thru facilities to
an existing restaurant (Dunkin' Donuts) on property located on the east
side of Middlebelt Road, between Clarita Avenue and Seven Mile Road
(19010 Middlebelt Road), in the Northwest 1/4 of Section 12, which
property is zoned C-2, the Council does hereby concur in the
recommendation made by the City Planning Commission and Petition
2010-06-02-12 is hereby approved and granted, subject to the
following conditions
1 That the addition of drive-thru facilities at this location shall be
permitted only under the circumstances that the Zoning
Ordinance standards as set forth in Section 11 03(c)(a )(3),
Regular Meeting Minutes of September 8, 2010 37667
requiring that the turning radius on any curve of a drive-up
window traffic lane shall be no less than fifteen feet (15') and
Section 11 03(c)(a )(4), requiring that a by-pass lane be
provided for vehicles not using the drive-up window, are waived
or modified by the City Council by means of a separate
resolution in which two-thirds of the members of the City Council
concur;
2 That the Site Plan marked Sheet Number SP-1 dated August 2,
2010, as revised, prepared by Jeffery A. Scott Architects, is
hereby approved and shall be adhered to,
3 That this approval is subject to the petitioner being granted a
variance from the Zoning Board of Appeals for deficient number
of parking spaces, width of parking spaces and aisleways and
any conditions related thereto,
4 That the Landscape Plan marked Sheet Number L-1 dated June
8, 2010, as revised, prepared by J Brian Devlin, R L.A., is
hereby approved and shall be adhered to, except that the
Petitioner shall work with the Planning Department to install a
couple of deciduous street trees in the right-of-way of Middlebelt
Road,
5 That the Building Elevations Plan marked Sheet Number SP-2
dated August 2, 2010, as revised, prepared by Jeffery A. Scott
Architects, is hereby approved and shall be adhered to,
6 That the wall signs as depicted on the above-referenced plans
shall be subject to the approval of 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, and
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
A roll call vote was taken on the foregoing resolution with the following result:
AYES Schwartz, Meakin, and Brosnan
NAYS Laura and McCann
The President declared the motion failed
On a motion by Laura, seconded by Schwartz, it was
Regular Meeting Minutes of September 8, 2010 37668
#311-10 RESOLVED, that having considered a communication
from the City Planning Commission, dated August 11, 2010, which
transmits its resolution 08-55-2010, adopted on August 10, 2010, with
regard to Petition 2010-06-02-12, submitted by Jeffery A. Scott
Architects requesting waiver use approval to add drive-thru facilities to
an existing restaurant (Dunkin' Donuts) on property located on the east
side of Middlebelt Road, between Clarita Avenue and Seven Mile Road
(19010 Middlebelt Road), in the Northwest '/ of Section 12, which
property is zoned C-2, the Council does hereby concur in the
recommendation made by the City Planning Commission and Petition
2010-06-02-12 is hereby approved and granted, subject to the
following conditions
1 That the addition of drive-thru facilities at this location shall be
permitted only under the circumstances that the Zoning
Ordinance standards as set forth in Section 11 03(c)(a )(3),
requiring that the turning radius on any curve of a drive-up
window traffic lane shall be no less than fifteen feet (15') and
Section 11 03(c)(a )(4), requiring that a by-pass lane be
provided for vehicles not using the drive-up window, are waived
or modified by the City Council by means of a separate
resolution in which two-thirds of the members of the City Council
concur;
2 That the hours of operation of the drive-up window shall be
limited to the time period between 5 00 a m and 12 00 midnight,
3 That the Site Plan marked Sheet Number SP-1 dated August 2,
2010, as revised, prepared by Jeffery A. Scott Architects, is
hereby approved and shall be adhered to,
4 That this approval is subject to the petitioner being granted a
variance from the Zoning Board of Appeals for deficient number
of parking spaces, width of parking spaces and aisleways and
any conditions related thereto,
5 That the Landscape Plan marked Sheet Number L-1 dated June
8, 2010, as revised, prepared by J Brian Devlin, R L.A., is
hereby approved and shall be adhered to, except that the
Petitioner shall work with the Planning Department to install a
couple of deciduous street trees in the right-of-way of Middlebelt
Road,
6 That the Building Elevations Plan marked Sheet Number SP-2
dated August 2, 2010, as revised, prepared by Jeffery A. Scott
Architects, is hereby approved and shall be adhered to,
Regular Meeting Minutes of September 8, 2010 37669
7 That the wall signs as depicted on the above-referenced plans
shall be subject to the approval of the Zoning Board of Appeals,
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, 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
A roll call vote was taken on the foregoing resolution with the following result:
AYES Schwartz, Meakin, Laura, Brosnan, and McCann
NAYS None
The President declared the resolution adopted
On a motion by Brosnan, seconded by Meakin, it was
#312-10 RESOLVED, that having considered a communication
from the City Planning Commission, dated August 11, 2010, which
transmits its resolution 08-55-2010, adopted on August 10, 2010, with
regard to Petition 2010-06-02-12, submitted by Jeffery A. Scott
Architects requesting waiver use approval to add drive-thru facilities to
an existing restaurant (Dunkin' Donuts) on property located on the east
side of Middlebelt Road, between Clanta Avenue and Seven Mile Road
(19010 Middlebelt Road), in the Northwest 1/4 of Section 12, which
property is zoned C-2, the Council does hereby waive the requirement
that the turning radius on any curve of a drive-up window traffic lane
shall be no less than fifteen feet (15'), as provided for under Section
11 03(c)(a )(3) of Zoning Ordinance No 543, as amended, in
connection with the approval of waiver use Petition 2010-06-02-12
A roll call vote was taken on the foregoing resolution with the following result:
AYES Schwartz, Meakin, Laura, Brosnan, and McCann
NAYS None
The President declared the resolution adopted
On a motion by Brosnan, seconded by Laura, it was
#313-10 RESOLVED, that having considered a communication
from the City Planning Commission, dated August 11, 2010, which
transmits its resolution 08-55-2010, adopted on August 10, 2010, with
Regular Meeting Minutes of September 8, 2010 37670
regard to Petition 2010-06-02-12, submitted by Jeffery A. Scott
Architects requesting waiver use approval to add drive-thru facilities to
an existing restaurant (Dunkin' Donuts) on property located on the east
side of Middlebelt Road, between Clarita Avenue and Seven Mile Road
(19010 Middlebelt Road), in the Northwest IA of Section 12, which
property is zoned C-2, the Council does hereby waive the requirement
that a by-pass lane be provided for vehicles not using the drive-up
window, as provided for under Section 11 03(c)(a )(4) of Zoning
Ordinance No 543, as amended, in connection with the approval of
waiver use Petition 2010-06-02-12
A roll call vote was taken on the foregoing resolution with the following result:
AYES Schwartz, Meakin, Laura, Brosnan, and McCann
NAYS None
The President declared the resolution adopted
Pastor returned to the podium at 8 23 p m
On a motion by Brosnan, seconded by Laura, and unanimously
adopted, it was
#314-10 RESOLVED, that having considered a letter from Kristyn
St. Clair, Chairperson, St. Michael Church, dated August 25, 2010,
which requests permission to waive Section 8 32 070 (Noise Control)
of the Livonia Code of Ordinances, as amended, in connection with
their Fall Family Picnic to be held on Sunday, September 19, 2010, at
Rotary Park, to allow a DJ to perform, the Council does hereby
determine to waive Section 8 32 070 (Noise Control) of the Livonia
Code of Ordinances between the hours of 12 00 p m and 6 00 p m in
connection with this event to be held on Sunday, September 19, 2010
Kristyn St. Clair, Chairperson for St. Michael Church, 7160 Royal Villa Court,
Canton, was present to answer any questions of Council
Brosnan offered "Congratulations" to the Old Rosedale Gardens
Homeowners' Association for being listed on the National Registry of Historic
Places
Brosnan recognized Johnny Bagazinski, who was present at the
meeting and indicated he was working on his Citizenship part of obtaining the Eagle
Scout designation
There was no Audience Communication at the end of the meeting
Regular Meeting Minutes of September 8, 2010 37671
On a motion by Meakin, seconded by Pastor, and unanimously
adopted, this 1,664th Regular Meeting of the Council of the City of Livonia was
adjourned at 8 28 p m
Terry`\. Marecki, City Clerk