HomeMy WebLinkAboutCOUNCIL MINUTES 2010-11-03 37722
MINUTES OF THE ONE THOUSAND SIX HUNDRED SIXTY EIGHTH
REGULAR MEETING OF NOVEMBER 3, 2010
On November 3, 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 Toy led the meeting with an
invocation
Roll was called with the following result: Laura Toy, Maureen Miller
Brosnan, Conrad Schwartz, John Pastor, Brian Meakin, Joe Laura, 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 A. Marecki, City Clerk; and Mayor Jack Kirksey
On a motion by Pastor, seconded by Toy and unanimously adopted, it
was
#369-10 RESOLVED, that the Minutes of the 1,667th Regular
Meeting of the Council held October 20, 2010, are hereby approved as
submitted
President McCann congratulated Terry Marecki, City Clerk, for a well-
run election held Tuesday, November 2nd
Mayor Kirksey offered congratulations to Terry Marecki, City Clerk, and
her dedicated staff for a fine, seamless event and having conducted a well-run
election Mayor Kirksey also extended congratulations to all those who won in the
election and stated he hoped the two political parties would pull together because
the challenges in the future are immense and anything that can be done to help the
economy, find coveted jobs and keep Livonia on track would be helpful to the State
of Michigan
President McCann offered congratulations to Councilmember John
Pastor for a great effort in running his campaign for a seat on the Michigan
Legislature
Regular Meeting Minutes of November 3, 2010 37723
Pastor offered congratulations to Glenn Anderson for winning the
election to the State Senate and wished him well in his endeavors Pastor thanked
Terry Marecki, City Clerk, for getting the election results posted in such a quick
manner for a community the size of Livonia Pastor concluded by thanking all of the
key people in his campaign who assisted him and acknowledged their dedication
and hard work in assisting him through his campaign
Vice President Laura referred the subject matter of Council Resolution
#260-09, adopted by the Council at its Regular meeting of June 10, 2009, to the
Administration, more specifically the Department of Law, for follow-up and requested
the Council be presented with the appropriate material no later than the next Regular
meeting of Council scheduled for November 17, 2010 Further, Laura inquired why
this resolution was not implemented and requested the Administration provide an
explanation concerning the matter
There was no Audience Communication at the beginning of the
meeting
A communication from the Department of Law, dated October 11,
2010, re Christopher Maiberger and Ross Towing of Livonia v City of Livonia, et al,
U S District Court, Eastern District of Michigan Case No 2 09-CV-15000, was
received and placed on file for the information of the Council
On a motion by Meakin, seconded by Brosnan, it was
#370-10 RESOLVED, that having considered a communication
from the Mayor, dated October 4, 2010, the Council does hereby
approve of and concur in the reappointment of Jim Cambridge, 36223
Ladywood, Livonia, Michigan 48154, to the Livonia Brownfield
Redevelopment Authority for a term of three years, which will expire on
November 24, 2013
#371-10 RESOLVED, that having considered a communication
from the Mayor, dated October 4, 2010, the Council does hereby
approve of and concur in the reappointment of Michael Paul Condon,
31115 Hillbrook, Livonia, Michigan 48152, to the Livonia Brownfield
Redevelopment Authority for a term of three years, which will expire on
November 24, 2013
#372-10 RESOLVED, that having considered a communication
from the Mayor, dated October 4, 2010, the Council does hereby
approve of and concur in the reappointment of Ashley Krueger, 37434
N Laurel Park Drive, Livonia, Michigan 48152, to the Livonia
Brownfield Redevelopment Authority for a term of three years, which
will expire on November 24, 2013
Regular Meeting Minutes of November 3, 2010 37724
#373-10 RESOLVED, that having considered the report and
recommendation of the Information Systems Director, dated August
26, 2010, which bears the signature of the Director of Finance and is
approved for submission by the Mayor, the Council does hereby
accept the bid of EPM Solutions, 16012 Flintlock Road, Suite 1100,
Cupertino, California 95014, for providing the Information Systems
Department with upgraded Microsoft server software licenses and
media for the total amount of $21,213 32, the same having been in
fact the lowest bid submitted which meets all specifications,
FURTHER, the Council does hereby authorize an expenditure in an
amount not to exceed $21,213 32 from funds already budgeted for
this purpose in Account No 401-000-986-010, and the City Clerk is
hereby requested to do all things necessary or incidental to the full
performance of this resolution, FURTHER, the bid of Trillium
Teamologies, Inc is hereby rejected for the reasons indicated in the
aforesaid communication
#374-10 RESOLVED, that having considered the report and
recommendation of the Superintendent of Parks and Recreation, dated
September 27, 2010, which bears the signature of the Director of
Finance and is approved for submission by the Mayor, the Council
does hereby accept the unit price bid of Grand River Printing and
Imaging, 8455 Haggerty, Belleville, Michigan 48111, for design (cover
and typesetting), three proofs, editing, printing and sorting of the "L"
Magazine, at the unit prices specified in the attachment to the
aforesaid communication per issue for the estimated cost of
$55,000 00 per contract year, for a two year period from April, 2011 to
March, 2013, 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 an amount not to
exceed $55,000 00 per contract year from funds budgeted in Account
No 101-707-904-000 (Parks and Recreation) and Account No 208-
755-905-000 (Community Recreation) for this purpose
#375-10 RESOLVED, that having considered a communication
from the Superintendent of Parks and Recreation, dated October 15,
2010, which bears the signature of the Director of Finance and is
approved for submission by the Mayor, the Council does hereby
accept the unit price bids of the following companies for supplying the
Parks and Recreation Department with clothing for the 2011 fiscal year
as indicated on the attachment to the aforesaid communication, the
same having been the lowest bid submitted for each item listed and
meets all specifications
1 Impressive Promotional Products, LLC, Shoeb Ali, 645 N
Rochester Rd , Clawson, MI 48017
Item No. Size Amount
Regular Meeting Minutes of November 3, 2010 37725
1 Ad M-XL $3 11
2 Ad M-XL $7 94
3 Ad M-XL $7 94
10 Ad Sm-XL $2 53
17 Ad Sm-XL (Light) $2 88
17 Ad Sm-XL (Dark) $3 05
17 Ad 2XL $4 95
2 Line Drive Sports, Jessica Seabridge, 5977 E 14 Mile Rd ,
Sterling Hgts, MI 48312
Item No Size Amount
4 Ad Sm-Lg $6 10
5 Ad Sm-XL $6 10
3 International Promotional Ideas, Jackie Leeper, 1310 Louis
Ave , Elk Grove Village, IL 60007
Item No Size Amount
6 Ad Sm-XL $4 60
19A Ad Sm-XL $17 50
19B Ad Sm-XL $20 00
4 Artistic Touch, Rachel Muscott, 30418 Elmira, Livonia, MI
48150
Item No. Size Amount
7 Ad Sm-XL $9 99
5 Allgraphics Corporation, Frank Alspector, 28960 E King William
Dr , Farmington Hills, MI 48331
Item No. Size Amount
8 Ad Sm-XL $3 28
9 Yth Sm-M $2 63
9 Ad Sm-L $2 63
11A Yth M-L $2 63
11A Ad Sm-M $2 63
11A Ad L-XL $2 63
11B Ad M-XL $3 13
13 Yth M-L $3 03
13 Ad Sm-XL $3 03
13 Ad 2XL $4 03
Regular Meeting Minutes of November 3, 2010 37726
14 Ad M-XL $2 52
14 Ad 2XL $3 52
14 Ad 3XL $3 52
15A Yth M-L $2 53
15A Ad Sm-M $2 53
15B Ad Sm-L $3 03
16 Ad M-XL $2 30
16 Ad XXL $330
18 Yth Caps $1 76
18 Ad Caps $1 76
6 Arrow Uniform Rental, LLC, Scott Wakefield, 6400 Monroe
Blvd , Taylor, MI 48180
Item No. Size Amount
12 Yth SM-M $5 04
12 Ad S-2XL $5 04
FURTHER, the Council does hereby authorize such purchases from
funds already budgeted in the Department of Parks and Recreation
and Community Center Account Nos 208-755-768-000, 208-717-764-
000, 101-711-766-000, 101-707-764-000 and 208-755-776-040 for this
purpose, FURTHER, the Council does hereby authorize purchases for
Items 19A and 19B from Account No 702-285-125 for employees who
wish to purchase additional work apparel with the understanding that
the payment from employees will be deposited back into such account.
#376-10 RESOLVED, that having considered the report and
recommendation of the Superintendent of Public Service —
Environment and Utilities, dated October 18, 2010, which bears the
signature of the Director of Public Works and the Director of Finance,
and is approved for submission by the Mayor, the Council does hereby
approve the purchase of three (3) pieces of used leaf equipment (two
(2) 2008 self-contained vacuum leaf machines and one (1) 2007 leaf
claw for the front of a tractor) from the City of Westland, 36601 Ford
Road, Westland, Michigan, in the total amount of $20,000 00;
FURTHER, the Council does hereby authorize an expenditure in an
amount not to exceed $20,000 00 from funds budgeted in Account No
205-527-987-000 for this purpose, FURTHER, the Council does
hereby authorize the purchase of said items 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
#377-10 RESOLVED, that having considered the report and
recommendation of the City Engineer, dated October 13, 2010, which
is approved by the Director of Public Works and approved for
Regular Meeting Minutes of November 3, 2010 37727
submission by the Mayor, with regard to a request from the Wayne
County Department of Public Services that the City take jurisdiction
and control of the entire on-site storm sewer collection system as part
of the development of the Livonia Outpatient Surgery Center, 33400
West Six Mile Road, Livonia, Michigan, the Council does hereby
determine as follows
1 To advise the Wayne County Department of Public Services
(Permit Section) that the City of Livonia has approved the storm
sewer site plans and further, that the City will accept jurisdiction
and maintenance (at no expense to the County) of the storm
sewer within the property located on the north side of Six Mile
Road, west of Farmington Road, in the Southeast 1/4 of Section
9 (See attached Maintenance Agreement from the owner,
Livonia Outpatient Surgery Center, L.L.0 , indicating their
willingness to reimburse the City for any such maintenance that
may become necessary),
2 To authorize the City Engineer to execute a Wayne County
permit on behalf of the City of Livonia in connection with the
above storm sewer construction, and
3 To authorize the Mayor to execute the Maintenance Agreement
on behalf of the City
#378-10 RESOLVED, that having considered the report and
recommendation of the City Engineer, dated October 13, 2010, which
bears the signature of the Director of Public Works and the Director of
Finance, and is approved for submission by the Mayor, the Council
does hereby approve the 2011 Road Repair Program as proposed by
the Department of Public Works and reviewed by the Citizens
Committee on Roads and shown in Attachment 1 of the aforesaid
report.
#379-10 RESOLVED, that having considered the report and
recommendation of the City Engineer, dated October 15, 2010, which
bears the signature of the Director of Public Works and the Director of
Finance, and is approved for submission by the Mayor, to which is
attached a proposed amendment to the Engineering contract between
the City of Livonia and Orchard, Hiltz & McCliment, Inc for the 2011
Asphalt Road Program, and a proposed amendment to the
Engineering contract with Anderson, Eckstein and Westrick, Inc for the
2011 Concrete Road Program, the Council does hereby authorize the
Mayor and City Clerk, for and on behalf of the City of Livonia, to
execute the attached contract amendment between the City of Livonia
and Orchard, Hiltz & McCliment, Inc , 34000 Plymouth Road, Livonia,
Michigan 48150, to provide Design Engineering and Construction
Engineering for the Asphalt Program in an amount not to exceed
Regular Meeting Minutes of November 3, 2010 37728
$259,000 00 ($84,000 00 for Design Engineering and $175,000 00 for
Construction Engineering, said amounts being based on the
preliminary cost estimates and subject to adjustment based on the
actual bids), FURTHER, the Council does hereby authorize the Mayor
and City Clerk, for and on behalf of the City of Livonia, to execute the
attached contract amendment between the City of Livonia and
Anderson, Eckstein and Westrick, Inc , 51301 Schoenherr, Shelby
Township, Michigan 48315, to provide Design Services and
Construction Engineering Services for the Concrete Program in an
amount not to exceed $297,065 00 ($96,345 00 for Design Services
and $200,720 00 for Construction Engineering Services, said amounts
being based on the preliminary cost estimates and subject to
adjustment based on the actual bids), FURTHER, the Council does
hereby authorize an expenditure in an amount not to exceed
$556,065 00 from funds budgeted in Account No 204-441-818-102
(Road, Sidewalk and Tree Fund) for this purpose, and the City
Engineer is hereby authorized to approve minor adjustments in the
work as it becomes necessary
#380-10 RESOLVED, that having considered the report and
recommendation of the City Engineer, dated October 13, 2010, which
bears the signature of the Director of Public Works and the Director of
Finance, and is approved for submission by the Mayor, to which is
attached a proposed contract between the City of Livonia and Spalding
DeDecker Associates, 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
Spalding DeDecker Associates, Inc , 905 South Boulevard East,
Rochester Hills, Michigan 48307, to provide Design Engineering
Services for the Police and Fire Station Campus Improvements in an
amount not to exceed $40,100 00, FURTHER, the Council does
hereby authorize an expenditure in an amount not to exceed
$40,100 00 from funds budgeted in Account No 401-000-974-000
(Capital Outlay — Public Safety Complex) for this purpose, and the City
Engineer is hereby authorized to approve minor adjustments in the
work as it becomes necessary
#381-10 RESOLVED, that having considered the report and
recommendation of the City Engineer, dated October 15, 2010, which
bears the signature of the Director of Public Works and the Director of
Finance, and is approved for submission by the Mayor, to which is
attached a proposed amendment to the 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 amendment
(Exhibit A) between the City of Livonia and Orchard, Hiltz & McCliment,
Inc , 34000 Plymouth Road, Livonia, Michigan 48150, to provide
Design Services to upgrade the pedestrian signals with new
Regular Meeting Minutes of November 3, 2010 37729
countdown LED pedestrian signals and remove and replace sidewalk
ramps to meet ADA compliance on West Chicago at Merriman and
Middlebelt Roads in an amount not to exceed $15,700 00; FURTHER,
the Council does hereby authorize an expenditure in an amount not to
exceed $15,700 00 from funds budgeted in Account No 204-441-818-
102 (Road, Sidewalk and Tree Fund) for this purpose, and the City
Engineer is hereby authorized to approve minor adjustments in the
work as it becomes necessary
#382-10 RESOLVED, that having considered the report and
recommendation of the City Engineer, dated October 13, 2010, which
bears the signature of the Director of Public Works and the Director of
Finance, and is approved for submission by the Mayor, the Council
does hereby approve a one (1) year extension (ending November 30,
2011) of the existing contract to provide on-call construction inspection
and testing services with Orchard, Hiltz & McCliment, Inc., 34000
Plymouth Road, Livonia, Michigan 48150 for an amount not to exceed
$512 00 per day, and with Spalding DeDecker Associates, Inc., 905 S
Boulevard East, Rochester Hills, Michigan 48307 for an amount not to
exceed $480 00 per day for the services of a Construction Tech II and
$600 00 per day for a Senior Construction Tech, FURTHER, the
Council does hereby authorize a one (1) year extension (ending
November 30, 2011) of the existing contract to provide on-call
inspection only services with Professional Engineering Associates,
2430 Rochester Ct., Suite 100, Troy, Michigan 48083 for an amount
not to exceed $500 00 per day, and with Ken P Buccilli, LLC, 22248
Cape Cod Way, Farmington Hills, Michigan 48336 for an amount not to
exceed $440 00 per day; FURTHER, the Council does hereby
authorize these expenditures from funds budgeted in Account No 101-
441-818-005 (Professional Services Account) for this purpose, and the
Mayor and City Clerk are hereby authorized, for and on behalf of the
City of Livonia, to execute contract extensions with the aforesaid
companies and to do all other things necessary or incidental to the full
performance of this resolution
#383-10 RESOLVED, that having considered a communication
from the City Planning Commission, dated October 6, 2010, which
transmits its resolution 10-71-2010, adopted on October 5, 2010, with
regard to Petition 2010-08-02-14, submitted by Young 0 Coutts
requesting waiver use approval to operate a full service restaurant
(Sushi & Rolls) within the College Park Marketplace Retail Center, on
property located on the east side of Haggerty Road, between Six Mile
Road and Seven Mile Road (17382 Haggerty Road), in the Southwest
% of Section 7, which property is zoned C-2, the Council does hereby
concur in the recommendation made by the City Planning Commission
and Petition 2010-08-02-14 is hereby approved and granted, subject to
the following conditions
Regular Meeting Minutes of November 3, 2010 37730
1 That the maximum customer seating count shall not exceed 40
seats in accordance with the Floor Plan marked Architectural
Floor Plan, as received by the Planning Commission on August
9, 2010,
2 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,
3 That no LED lightband or exposed neon shall be permitted on
the site including, but not limited to, the building or around the
windows,
4 That if an occupancy of more than 15 persons is used, a second
restroom shall be provided, and
5 That the specific plan referenced in this approving resolution
shall be submitted to the Inspection Department at the time of
application for the building permits
A roll call vote was taken on the foregoing resolutions with the following result:
AYES Toy, Brosnan, Schwartz, Pastor, Meakin, Laura, and
McCann
NAYS None
A communication containing a petition signed by nine (9) neighboring
properties objecting to a drive-up window at the proposed Dairy Queen restaurant to
be located on property 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 Meakin, seconded by Toy, and unanimously adopted,
it was
#384-10 RESOLVED, that having considered the report and
recommendation of the Committee of the Whole, dated October 19,
2010, submitted pursuant to Council Resolution 303-10, regarding the
issue of drive-up window facilities for Petition 2010-06-02-13 submitted
by Dairy Queen, in connection with a full service restaurant 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, the
Council does hereby determine to take no further action with regard to
ONO
this matter
Regular Meeting Minutes of November 3, 2010 37731
A communication from the Department of Law, dated October 20,
2010, re forwarding proposed Ordinance Amendment for rezoning petition
submitted by Dr Nabil Suliman for property located on the west side of Farmington
Road, between Curtis Road and Seven Mile Road, was received and placed on file
for the information of the Council (Petition 2010-02-01-01)
Toy gave first reading to the following Ordinance
AN ORDINANCE AMENDING SECTION 3 OF THE ZONING MAP OF
THE CITY OF LIVONIA AND AMENDING ARTICLE III OF
ORDINANCE NO 543, AS AMENDED, KNOWN AND CITED AS "THE
CITY OF LIVONIA ZONING ORDINANCE" BY ADDING SECTION
3 THERETO (Petition 2010-02-01-01)
The foregoing Ordinance, when adopted, is filed in the Journal of
Ordinances in the Office of the City Clerk and is the same as if word for word
repeated herein The above Ordinance was placed on the table for consideration at
an upcoming Regular meeting
On a motion by Meakin, seconded by Brosnan, and unanimously
adopted, it was
#385-10 RESOLVED, that having considered the report and
recommendation of the Committee of the Whole, dated October 19,
2010, submitted pursuant to Council Resolution 262-10, regarding the
subject of allowing Coney Island-type restaurants to utilize a Tavern
License (sale of beer and wine for consumption on the premises), the
Council does hereby determine to take no further action with regard to
this matter
On a motion by Toy, seconded by Brosnan, and unanimously adopted,
it was
#386-10 RESOLVED, that having considered the report and
recommendation of the Committee of the Whole, dated October 19,
2010, submitted pursuant to Council Resolution 133-09, regarding the
subject of mixed use zoning, the Council does hereby determine to
take no further action with regard to this matter
Regular Meeting Minutes of November 3, 2010 37732
On a motion by Pastor, seconded by Meakin, and unanimously
adopted, it was
#387-10 RESOLVED, that having considered the report and
recommendation of the Committee of the Whole, dated October 19,
2010, submitted pursuant to Council Resolution 22-09, regarding the
subject of a St. Patrick's Day parade on Plymouth Road, the Council
does hereby determine to take no further action with regard to this
matter
On a motion by Pastor, seconded by Brosnan, and unanimously
adopted, it was
#388-10 RESOLVED, that having considered the report and
recommendation of the Committee of the Whole, dated October 19,
2010, submitted pursuant to Council Resolution 479-07, regarding the
subject of an indoor sports arena (specifically for soccer), the Council
does hereby determine to take no further action with regard to this
matter
On a motion by Pastor, seconded by Brosnan, and unanimously
adopted, it was
#389-10 RESOLVED, that having considered the report and
recommendation of the Committee of the Whole, dated October 19,
2010, submitted pursuant to Council Resolution 577-07, regarding the
subject of easing signage regulations for commercial businesses, the
Council does hereby determine to take no further action with regard to
this matter
A communication from the Livonia Housing Commission, dated
October 28, 2010, forwarding a revised Purchase Agreement with a corrected legal
description for property located at 11750 Cardwell, was received and placed on file
for the information of the Council
On a motion by Schwartz, seconded by Pastor, it was
#390-10 RESOLVED, that having considered a communication
from the Director of the Housing Commission, dated October 7, 2010,
which bears the signature of the Director of Finance and is approved
for submission by the Mayor, submitted pursuant to Council Resolution
518-08, the Council does hereby accept the offer of Ms Misty Hoyer to
Regular Meeting Minutes of November 3, 2010 37733
purchase City-owned property located at 11750 Cardwell, Livonia,
Michigan in the Southeast 1/4 of Section 25, further described as
Lot 372, SCHANHITE'S MARQUETTE MANOR SUBDIVISION,
according to the Plat thereof as recorded in Liber 61 of Plats, Page(s)
63, Wayne County Records
for a total purchase price of $66,000 00, which sale is conditioned
upon the purchaser obtaining financing and participating in a
homeownership training program, the action herein being taken in
order to best serve the interests of the community; FURTHER, the
Council does hereby direct that the sale proceeds be directed to the
Neighborhood Stabilization Program for purposes consistent with the
NSP Grant Agreement; and the Director of the Housing Commission is
hereby authorized to execute a quit claim deed and such other
documents as may be necessary or incidental to fulfill the purpose of
this resolution, and the Director of the Housing Commission and the
Department of Law are hereby requested to prepare and place in
proper form such legal documents as may be necessary to
consummate this transaction, and the City Clerk is hereby requested to
have the same recorded in the Office of the Register of Deeds and to
do all other things necessary or incidental to fulfill the purpose of this
resolution
A roll call vote was taken on the foregoing resolution with the following result:
AYES Toy, Brosnan, Schwartz, Pastor, Meakin, and McCann
NAYS Laura
The President declared the resolution adopted
On a motion by Brosnan, seconded by Toy, it was
#391-10 RESOLVED, that having considered a communication
from the Superintendent of Parks and Recreation, dated October 6,
2010, which bears the signature of the Director of Finance and is
approved for submission by the Mayor, and which sets forth Parks and
Recreation Commission resolution 3192-10, adopted on October 6,
2010, wherein an increase in usage fees for pavilion rentals is
recommended, the Council does hereby deny this request.
A roll call vote was taken on the foregoing resolution with the following result:
AYES Toy, Brosnan, Pastor, Meakin, and Laura
NAYS Schwartz and McCann
Regular Meeting Minutes of November 3, 2010 37734
The President declared the resolution adopted
On a motion by Brosnan, seconded by Meakin, it was
oar #392-10 RESOLVED, that having considered a communication
from the City Planning Commission, dated September 30, 2010, which
transmits its resolution 09-65-2010, adopted on September 28, 2010,
with regard to Petition 2010-08-02-15, submitted by Vijay M Patel
requesting waiver use approval to operate a massage establishment
(LaVida Massage Center) within the Livonia Plaza Shopping Center,
on property located on the south side of Five Mile Road, between
Merriman Road and Henry Ruff Road (30985 Five Mile Road), in the
Northwest 1.14 of Section 23, which property is zoned C-2, P and RUF,
the Council does hereby concur in the recommendation made by the
City Planning Commission and Petition 2010-08-02-15 is hereby
approved and granted, subject to the following conditions
1 That the use of a massage establishment at this location shall
be permitted only under the circumstances that the Zoning
Ordinance standard set forth in Section 11 03(u)(3) requiring
that no massage establishment be located within 400 feet of a
preexisting school is waived by the City Council,
2 That this facility shall comply with all of the other special waiver
use standards and requirements pertaining to massage
establishments as set forth in Section 11 03(u) of Zoning
Ordinance No 543,
3 That this facility shall conform to the provisions set forth in
Chapter 5 49 of the Livonia Code of Ordinances pertaining to
massage establishments,
4 That the petitioner shall enter into a conditional agreement
limiting this waiver use to this user only, with the provision to
extend this waiver use to a new user only upon the approval of
the new user by the City Council,
5 That only conforming wall signage is approved with this petition,
6 That no type of freestanding signage is approved with this
petition All such signage shall be separately submitted for
review and approval by the Planning Commission and City
Council, and
7 The Petitioner shall not engage in any form of solicitation for
business within the public rights-of-way
A roll call vote was taken on the foregoing resolution with the following result:
Regular Meeting Minutes of November 3, 2010 37735
AYES Toy, Brosnan, Pastor, Meakin, and Laura.
NAYS Schwartz and McCann
The President declared the resolution adopted
On a motion by Brosnan, seconded by Meakin, it was
#393-10 RESOLVED, that having considered a communication
from the City Planning Commission, dated September 30, 2010, which
transmits its resolution 09-65-2010, adopted on September 28, 2010,
with regard to Petition 2010-08-02-15, submitted by Vijay M Patel
requesting waiver use approval to operate a massage establishment
(LaVida Massage Center) within the Livonia Plaza Shopping Center,
on property located on the south side of Five Mile Road, between
Merriman Road and Henry Ruff Road (30985 Five Mile Road), in the
Northwest 1/4 of Section 23, which property is zoned C-2, P and RUF,
the Council does hereby waive the requirement set forth in Section
11 03(u)(3) of Zoning Ordinance No 543, as amended, which requires
that no massage establishments be located within 400 feet of a
preexisting school
A roll call vote was taken on the foregoing resolution with the following result:
AYES Toy, Brosnan, Pastor, Meakin, Laura, and McCann
NAYS Schwartz.
The President declared the resolution adopted
Vijay M Patel, 29609 Lori St., Livonia, was present to answer any questions of
Council and thanked Council for their support of his new business
On a motion by Pastor, seconded by Meakin, and unanimously
adopted, it was
#394-10 RESOLVED, that having considered a communication
from the City Planning Commission, dated October 1, 2010, which
transmits its resolution 09-66-2010, adopted on September 28, 2010,
with regard to Petition 2010-09-02-16, submitted by Joe's Produce
requesting waiver use approval to utilize a Tavern License (sale of
beer and wine for consumption on the premises), on property located
on the north side of Seven Mile Road, between Farmington Road and
Mayfield Avenue (33152 Seven Mile Road), in the Southwest 1/4 of
Section 3, which property is zoned C-2, the Council does hereby
concur in the recommendation made by the City Planning Commission
REVISED
Regular Meeting Minutes of November 3, 2010 37736
and Petition 2010-09-02-16 is hereby approved and granted, subject to
the following conditions
1 That the use of Tavern License at this location shall be
permitted only under the circumstances that the Zoning
Ordinance standard set forth in Section 11 03(h)(1) requiring
that establishments having liquor licenses shall not be located
within 1,000 feet of each other is waived by the City Council,
2 That this use shall comply with all of the other special waiver
use standards and requirements pertaining to liquor licenses as
set forth in Section 11 03(h) of Zoning Ordinance No 543,
3 That this waiver use is granted for the sale of beer and wine
only, for consumption on the premises, and shall not include
mixed spirit drinks or spirits as defined under the Michigan
Liquor Control Code,
4 That the petitioner shall enter into a conditional agreement
limiting this waiver use to this user only, with the provision to
extend this waiver use to a new user only upon the approval of
the new user by the City Council and the Michigan Liquor
Control Commission, and
5 That as long as an on-the-premise consumption license exists
at this location, the principal use shall remain that of a produce
market.
FURTHER, the Council does hereby waive the 1,000 foot separation
requirement set forth in Section 11 03(h)(1) of the Zoning Ordinance
On a motion by Pastor, seconded by Toy, and unanimously adopted, it
was
#395-10 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
On a motion by Meakin, seconded by Brosnan, and unanimously
adopted, it was
#396-10 RESOLVED, that having considered a letter from Rose
Kachnowski, President, Livonia Symphony Orchestra, dated October
27, 2010, the Council does hereby take this means to indicate that the
Livonia Symphony Society Incorporated, d/b/a Livonia Symphony
Orchestra. is recognized as a non-profit organization operating in the
community, and the action herein being taken for the
Regular Meeting Minutes of November 3, 2010 37737
purpose of affording Livonia Symphony Orchestra an opportunity to
obtain a charitable gaming license or registration from the State of
Michigan in accordance with provisions of State statute
On a motion by Schwartz, seconded by Meakin, and unanimously
adopted, it was
#397-10 WHEREAS, it is the duty of government and those who
work for it to act in the best interests of the residents and businesses
they serve,
WHEREAS, it is the duty of all levels of government including those
agencies, departments, and contractors who work for them to be
accountable to the citizens and businesses that they serve,
WHEREAS, Ajax Paving Industries ("Ajax") was awarded the contract
to reconstruct Middlebelt Road in the City of Livonia,
WHEREAS, Wayne County and Ajax have permitted Middlebelt Road
to remain in unfinished state of reconstruction for a period of three
months,
WHEREAS, the unfinished state of reconstruction has had an
incalculably detrimental impact upon the businesses and residents
located on and near Middlebelt Road,
WHEREAS, the unfinished state of reconstruction of Middlebelt Road
reveals a lack of concern for or accountability to the businesses and
residents adversely affected by the reconstruction, and,
WHEREAS, it is the intention of the City Council to indicate that it
demands accountability from Wayne County and its contractors in the
performance of road improvement and other projects within the City of
Livonia,
THEREFORE, BE IT RESOLVED, that the City Council does hereby
take this means to indicate its utter dissatisfaction with the inordinately
slow progress of the Wayne County Middlebelt Road Reconstruction
Project and the lengthy disruption to motorists and businesses along
Middlebelt Road, FURTHER, the City Council hereby takes this
means to advise contractors who are awarded contracts with the City
of Livonia that they will be required to demonstrate appropriate
sensitivity to the needs of taxpayers and businesses in the
performance of those contracts, FURTHER, the City Council
encourages Wayne County Executive Robert Ficano and the Wayne
County Commission to demand greater accountability of itself and
those contractors who work for them to ensure that the impact of road
Regular Meeting Minutes of November 3, 2010 37738
construction and other such projects are completed in an efficient
manner with minimal disruption to affected businesses and residents
There was no Audience Communication at the end of the meeting
President McCann announced the recent passing of long-time Livonia
resident, Constantino "Tino" DelSignore, son of John and Lena DelSignore, who
died last week as a result of a tragic accident and requested a moment of silence in
his honor President McCann indicated Mr DelSignore was very active in the
Livonia community and engaged in many worthwhile local charities and would be
missed by all
On a motion by Pastor, seconded by Brosnan, and unanimously
adopted, this 1,668th Regular Meeting of the Council of the City of Livonia was
adjourned at 8 47 p m
Terry 10Marecki, City Clerk