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HomeMy WebLinkAboutCOUNCIL MINUTES 2011-01-12 37770 MINUTES OF THE ONE THOUSAND SIX HUNDRED SEVENTY SECOND REGULAR MEETING OF JANUARY 12, 2011 On January 12, 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: 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, it was #01-11 RESOLVED, that the Minutes of the 1,671st Regular Meeting of the Council held December 15, 2010, are hereby approved as submitted A roll call vote was taken on the foregoing resolution with the following result: AYES Meakin, Toy, Brosnan, Schwartz, Pastor, and McCann NAYS None PRESENT Laura The President declared the resolution adopted Mayor Kirksey addressed Council to request a moment to reflect on the recent tragedy which occurred in Tucson, Arizona this past week and stated President Obama would address the nation later that evening Mayor Kirksey indicated that as a result of the tragedy, heroes have emerged and the unfortunate tragic loss of lives will be forever remembered Mayor Kirksey stated the tragedy presents an opportunity for all to reflect on their values and what is important in their lives and offered condolences to all the families that have been affected and expressed admiration for all those who intervened to help minimize the damages Regular Meeting Minutes of January 12, 2011 37771 Mayor Kirksey also explained to Council and residents that the last snow storm approached the four inch threshold for plowing, however, the Administration made the decision not to plow the City streets based on averaged accumulation of snowfall throughout the City which was measured at various fire stations Mayor Kirksey expressed City funds are not earmarked specifically to plow streets but rather the City relies on Act 51 monies and at the end of the year, those dollars are returned to various funds to repair City streets Mayor Kirksey indicated each snowfall presents different circumstances and factors which are carefully considered when deciding whether or not to plow but indicated the ultimate goal is to save taxpayer dollars, if at all possible Toy commended Mayor Kirksey for his comments and remarks about the Tucson, Arizona tragedy In addition, Toy stated two local elected officials were sworn in today in Lansing, State Representative John Walsh and Senator Glenn Anderson, and wished them well during their respective terms serving the State of Michigan There was no Audience Communication at the beginning of the meeting A communication from the Department of Law, dated December 9, 2010, re Kelly Shirey v City of Livonia and Welker Properties-Livonia, LLC, Wayne County Circuit Court Case No 10-011245NO, was received and placed on file for the information of the Council A communication from the Office of the Mayor, dated January 3, 2011, re forwarding the Annual Report for the Fiscal Year 2009-2010 which reflects activities of the Livonia City Departments, Commissions and Boards, was received and placed on file for the information of the Council A communication from the Police Department, received in the Office of the City Clerk on January 12, 2011, re indicating approval of the massage establishment license as submitted by William Leung and Ya Jia Xu, d/b/a New Life Acupressure and Massage, was received and placed on file for the information of the Council On a motion by Meakin, seconded by Brosnan, it was Regular Meeting Minutes of January 12, 2011 37772 #02-11 RESOLVED, that having considered a communication from the City Clerk, dated December 7, 2010, forwarding an application submitted by Nancy H Donohue, 19310 Delaware Avenue, Redford, Michigan 48240, for a massage therapist permit and in accordance with Chapter 5 49 of the Livonia Code of Ordinances, as amended, the Council does hereby approve this request in the manner and form herein submitted, and the City Clerk is hereby requested to do all things necessary or incidental to the full performance of this resolution #03-11 RESOLVED, that having considered a communication from the City Clerk, dated December 7, 2010, forwarding an application submitted by Michele Haynes, 15208 Berwick Street, Livonia, Michigan 48154, for a massage therapist permit and in accordance with Chapter 5 49 of the Livonia Code of Ordinances, as amended, the Council does hereby approve this request in the manner and form herein submitted, and the City Clerk is hereby requested to do all things necessary or incidental to the full performance of this resolution #04-11 RESOLVED, that having considered a communication from the City Clerk, dated December 17, 2010, forwarding an application submitted by Tracey L Stachowiak, 558 Pinecrest Drive, Walled Lake, Michigan 48390, for a massage apprentice permit and in accordance with Chapter 5 49 of the Livonia Code of Ordinances, as amended, the Council does hereby approve this request in the manner and form herein submitted, and the City Clerk is hereby requested to do all things necessary or incidental to the full performance of this resolution #05-11 RESOLVED, that having considered a communication from the City Clerk, dated December 20, 2010, forwarding an application submitted by William Leung, 14331 Westlake, Taylor, Michigan 48180, for a massage therapist permit and in accordance with Chapter 5 49 of the Livonia Code of Ordinances, as amended, the Council does hereby approve this request in the manner and form herein submitted, and the City Clerk is hereby requested to do all things necessary or incidental to the full performance of this resolution #06-11 RESOLVED, that having considered a communication from the City Clerk, dated December 20, 2010, forwarding an application submitted by Yadong Xu, 24310 Rosewood, Taylor, Michigan 48180, for a massage apprentice permit and in accordance with Chapter 5 49 of the Livonia Code of Ordinances, as amended, the Council does hereby approve this request in the manner and form herein submitted, and the City Clerk is hereby requested to do all things necessary or incidental to the full performance of this resolution Regular Meeting Minutes of January 12, 2011 37773 #07-11 RESOLVED, that having considered a communication from the City Clerk, dated December 20, 2010, forwarding an application submitted by Edmond Leung, 14331 Westlake, Taylor, Michigan 48180, for a massage apprentice permit and in accordance thrio with Chapter 5 49 of the Livonia Code of Ordinances, as amended, the Council does hereby approve this request in the manner and form herein submitted, and the City Clerk is hereby requested to do all things necessary or incidental to the full performance of this resolution A communication from the Office of the City Clerk, dated December 10, 2010, re forwarding a communication from the Secretary of the Board of Education requesting the City continue to collect one-half of their district's taxes with the summer tax collection and the remaining one-half with the winter tax collection commencing July 1, 2011, was received and placed on file for the information of the Council #08-11 RESOLVED, that having considered the report and recommendation of the City Engineer, dated December 2, 2010, approved by the Director of Public Works and approved for submission by the Mayor, the Council does hereby authorize the release to Zef lvezaj, 18440 Van Road, Livonia, Michigan 48152, the proprietor of the Gruda Site Condominiums, located in the Northeast '/ of Section 14, of the financial assurances previously deposited with respect to the General Improvement Bond, in the sum of $2,280 00 ($10,000 00 cash bond less $7,720 00 paid to Reliable Landscaping to complete the island landscaping), pursuant to Council Resolution 705-99 adopted on October 13, 1999, FURTHER, all other financial assurances (including the Grading/Soil Erosion Control Bond) now on deposit with the City, if any, with respect to this condominium development shall remain the same and unchanged, and the action herein being taken is for the reasons indicated in the aforementioned report of the City Engineer that all these improvements have been satisfactorily installed in accordance with the rules and regulations and ordinances of the City of Livonia #09-11 RESOLVED, that having considered the report and recommendation of the City Engineer, dated December 15, 2010, which bears the signature of the Director of Finance, is approved by the Director of Public Works and the Superintendent of Parks and Recreation and approved for submission by the Mayor, the Council does hereby accept the bid of Merlo Construction, 8505 Terra Bella Drive, Northville, Michigan 48168, for completing all work in connection with the 2010 Idyl Wyld Golf Course Streambank Stabilization Project Regular Meeting Minutes of January 12, 2011 37774 for the total amount of $61,461 00, the same having been in fact the lowest bid received and meets all specifications, FURTHER, the Council does hereby appropriate and authorize an expenditure in the amount of $61,461 00 from the Golf Course Capital Projects Fund (409) for this purpose, which account shall be reimbursed at such time as the Wayne County Parks Millage Grant money is received to cover this expenditure, and the City Engineer is hereby authorized to approve any minor changes 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 #10-11 RESOLVED, that having considered a communication from the City Planning Commission, dated December 16, 2010, which transmits its resolution 12-73-2010, adopted on December 14, 2010, with regard to Petition 2010-10-02-18, submitted by Ya Jia Xu requesting waiver use approval to operate a massage establishment (New Life Acupressure and Massage) within the Five Newburgh Plaza Shopping Center, on property located on the west side of Newburgh Road, between Five Mile Road and Lancaster Avenue (15373 Newburgh Road), in the Southeast 1/4 of Section 18, which property is zoned C-2, the Council does hereby concur in the recommendation made by the City Planning Commission and Petition 2010-10-02-18 is hereby approved and granted, subject to the following conditions 1 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, 2 That this facility shall conform to the provisions set forth in Chapter 5 49 of the Livonia Code of Ordinances pertaining to massage establishments, 3 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, 4 That only conforming wall signage is approved with this petition, and 5 The petitioner shall not engage in any form of solicitation for business within the public right-of-ways of either Newburgh Road or Five Mile Road Regular Meeting Minutes of January 12, 2011 37775 #11-11 RESOLVED, that having considered a communication from the City Clerk, dated December 20, 2010, forwarding an application submitted by William Leung and Ya Jia Xu, d/b/a New Life Acupressure and Massage, for a massage establishment license for property located at 15373 Newburgh Road, and in accordance with Chapter 5 49 of the Livonia Code of Ordinances, as amended, the Council does hereby approve this request in the manner and form herein submitted, subject to approval by the Police Department after conducting a background check of the second owner of this massage establishment; and the City Clerk is hereby requested to do all things necessary or incidental to the full performance of this resolution A roll call vote was taken on the foregoing resolutions with the following result: AYES Meakin, Laura, Toy, Brosnan, Schwartz, Pastor, and McCann NAYS None A communication from the Department of Law, dated November 23, 2010, re forwarding a revised version of the proposed Ordinance to add Chapter 42 (Installation and Maintenance of Grease Interceptors, Discharge Prohibitions) to Title 13 of the Livonia Code of Ordinances, as amended, was received and placed on file for the information of the Council (CR 362-10) A communication from Team Schostak Family Restaurants, dated November 22, 2010, re supporting the proposed Ordinance to add Chapter 42 (Installation and Maintenance of Grease Interceptors, Discharge Prohibitions) to Title 13 of the Livonia Code of Ordinances, as amended, was received and placed on file for the information of the Council (CR 362-10) Brosnan gave first reading to the following Ordinance AN ORDINANCE ADDING CHAPTER 42 (INSTALLATION AND MAINTENANCE OF GREASE INTERCEPTORS, DISCHARGE PROHIBITIONS) TO TITLE 13 OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED Regular Meeting Minutes of January 12, 2011 37776 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 An e-mail communication from Michael Elinsky, dated December 21, 2010, re questioning what constitutes a "hazardous waste" relative to the proposed amendment to Section 380 of Title 13, Chapter 20 (Livonia Sewage Disposal System) of the Livonia Code of Ordinances, as amended, was received and placed on file for the information of the Council (CR 424-10) Brosnan gave first reading to the following Ordinance AN ORDINANCE AMENDING SECTION 380 OF TITLE 13, CHAPTER 20 (LIVONIA SEWAGE DISPOSAL SYSTEM) OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED 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 A communication from the Engineering Division, dated December 14, 2010, re Administrative Response to CR 324-10 and CR 325-10 — grant funding available to the City through the Wayne County Department of Public Service (DPS) and the Great Lakes Restoration Initiative (GLRI) for Storm Water Management, was received and placed on file for the information of the Council (CR 44-99) Meakin gave first reading to the following Ordinance AN ORDINANCE AMENDING SUBSECTIONS (b) AND (d) of SECTION 18 42A OF ARTICLE XVIII OF ORDINANCE NO 543, AS AMENDED, KNOWN AND CITED AS "THE CITY OF LIVONIA ZONING ORDINANCE" Regular Meeting Minutes of January 12, 2011 37777 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 A communication from the Engineering Division, dated January 6, 2011, re utility and site drainage issues pertaining to proposed lot split requested by Angelo Mauti for Tax Item Nos 46-034-01-0009-008 and 46-034-01-0009-009, located east of Wayne Road, south of Seven Mile Road, at 18901 Laurel, was received and placed on file for the information of the Council A communication from the Planning Department, dated January 5, 2011, re creation of Parcel "A" and how this parcel may be developed pertaining to proposed lot split requested by Angelo Mauti for Tax Item Nos 46-034-01-0009-008 and 46-034-01-0009-009, located east of Wayne Road, south of Seven Mile Road, at 18901 Laurel, was received and placed on file for the information of the Council An e-mail communication from Erin Radley, dated December 29, 2010, re expressing opposition to the proposed lot split requested by Angelo Mauti for Tax Item Nos 46-034-01-0009-008 and 46-034-01-0009-009, located east of Wayne Road, south of Seven Mile Road, at 18901 Laurel, was received and placed on file for the information of the Council An e-mail communication from Bob and Carol Stislicki, dated December 29, 2010, re expressing opposition to the proposed lot split requested by Angelo Mauti for Tax Item Nos 46-034-01-0009-008 and 46-034-01-0009-009, located east of Wayne Road, south of Seven Mile Road, at 18901 Laurel, was received and placed on file for the information of the Council Regular Meeting Minutes of January 12, 2011 37778 An e-mail communication from Jerry and Barb Schwarz, dated December 30, 2010, re expressing opposition to the proposed lot split requested by Angelo Mauti for Tax Item Nos 46-034-01-0009-008 and 46-034-01-0009-009, located east of Wayne Road, south of Seven Mile Road, at 18901 Laurel, was received and placed on file for the information of the Council An e-mail communication from Heather Shymanski, dated December 29, 2010, re expressing opposition to the proposed lot split requested by Angelo Mauti for Tax Item Nos 46-034-01-0009-008 and 46-034-01-0009-009, located east of Wayne Road, south of Seven Mile Road, at 18901 Laurel, was received and placed on file for the information of the Council A communication from Aimee M Dahl, dated January 3, 2011, containing the signatures of residents opposing the proposed lot split requested by Angelo Mauti for Tax Item Nos 46-034-01-0009-008 and 46-034-01-0009-009, located east of Wayne Road, south of Seven Mile Road, at 18901 Laurel, was received and placed on file for the information of the Council On a motion by Meakin, seconded by Brosnan, it was #12-11 RESOLVED, that having considered a communication from the Assistant Assessor, dated December 8, 2010, approved for submission by the Mayor, with regard to a request from Angelo Mauti, 17017 Doris, Livonia, Michigan 48154, and in accordance with the provisions of 1967 PA 288, as amended, as well as Section 18 46 of Ordinance 543, as amended, the Council does hereby determine to deny the request for dividing Tax Item Nos 46-034-01-0009-008 and 46-034-01-0009-009 into three parcels since the same would be in violation of the City's Zoning Ordinance and law, as well as for the reason that the proposed lot split would not be consistent with good planning and zoning practice A roll call vote was taken on the foregoing resolution with the following result: AYES Meakin, Brosnan, Schwartz, and McCann Regular Meeting Minutes of January 12, 2011 37779 NAYS Laura, Toy, and Pastor The President declared the resolution adopted Mark Snitchler, 18527 Laurel, addressed Council to inquire if the proposed lot split complied with the City's signage requirements and indicated the petitioner only erected one sign on the subject property On a motion by Toy, seconded by Pastor, and unanimously adopted, it was #13-11 RESOLVED, that having considered a communication from the City Planning Commission, dated December 16, 2010, which transmits its resolution 12-72-2010, adopted on December 14, 2010, with regard to Petition 2010-10-02-17, submitted by Meijer Corporation requesting waiver use approval to add a drive-thru pharmacy window to the existing store within the Millennium Park Shopping Center, on property located on the east side of Middlebelt Road, between the railroad right-of-way and Schoolcraft Road (13000 Middlebelt Road), in the Northwest 1/4 of Section 25, which property is zoned C-2, the Council does hereby concur in the recommendation made by the City Planning Commission and Petition 2010-10-02-17 is hereby approved and granted, subject to the following conditions 1 That the Site Plan marked SK-1 dated December 10, 2010, as revised, prepared by Meijer, is hereby approved and shall be adhered to, 2 That the Partial North Exterior Elevation Plan marked Sheet A201 Sketch 2 dated October 14, 2010, prepared by Paradigm Design Inc , is hereby approved and shall be adhered to, 3 That the Partial West Exterior Elevation Plan marked Sheet A201 Sketch 3 dated October 14, 2010, prepared by Paradigm Design Inc , is hereby approved and shall be adhered to, 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 prior to installation, a determination be made by the Inspection Department as to the adequacy of the fence and bollards for separating and protecting pedestrians from vehicles using the drive-up, and Regular Meeting Minutes of January 12, 2011 37780 7 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 On a motion by Pastor, seconded by Toy, and unanimously adopted, it was #14-11 RESOLVED, that having considered a communication from the Chief of Police, dated December 1, 2010, which bears the signature of the Director of Finance and is approved for submission by the Mayor, the Council does, for and on behalf of the City of Livonia, accept a cash donation in the amount of $3,000 00 from the Target Corporation, the same to be appropriated and credited to Account No 702 285-213 (Police Crime Prevention), for use in connection with the 2011 Stomp Drugs Film Festival There was no Audience Communication at the end of the meeting On a motion by Toy, seconded by Laura, and unanimously adopted, this 1,672nd Regular Meeting of the Council of the City of Livonia was adjourned at 835pm Tera-A. Marecki, City Clerk