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HomeMy WebLinkAboutCOUNCIL MINUTES 2010-07-07 37613 MINUTES OF THE ONE THOUSAND SIX HUNDRED SIXTIETH REGULAR MEETING OF JULY 7, 2010 Lu On July 7, 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 Meakin led the meeting with an invocation Roll was called with the following result: Brian Meakin, Joe Laura, Laura Toy, Maureen Miller Brosnan, John Pastor, and James McCann Absent: Conrad Schwartz. 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 Toy, seconded by Brosnan, and unanimously adopted, it was #234-10 RESOLVED, that the Minutes of the 1,659th Regular Meeting of the Council held June 21, 2010, are hereby approved as submitted President McCann announced there would be a Public Hearing held on Wednesday, July 21, 2010, at 7 00 p m in the Auditorium of Livonia City Hall, 33000 Civic Center Drive, Livonia, MI as follows Robert Sakuta, President, Delta Research Corp , is requesting approval of an Industrial Facilities Exemption Certificate for the purchase of various machinery and equipment for their facility located at 32791 Capitol, Livonia, MI 48150 (Industrial Development District #80) Toy announced Congressman Thaddeus McCotter would be hosting the 27th Annual Ice Cream Social put on by the McCotter family on Monday, July 12, 2010, from 11 30 a m to 1 30 p m at the Civic Center Park located just east of the Livonia Senior Center Toy stated the event will have raffles and prizes as well as Guernsey ice cream and indicated local politicians such as Congressman McCotter and his mother, Joan McCotter, former City Clerk, will be on hand to mingle with residents and serve up ice cream Regular Meeting Minutes of July 7, 2010 37614 President McCann announced the 338th Army Band will be performing the next scheduled "Concert in the Park" on Saturday, July 10th, from 7 00 p m to 9.00 p m on the steps of City Hall to honor veterans and those currently serving our country President McCann indicated band members performing are stationed here in Livonia and also in Whitehall, Ohio, and encouraged residents to bring their chairs, blankets and picnic baskets to enjoy the concert. President McCann stated in case of inclement weather, the concert would be performed at the Livonia Community Recreation Center Mayor Kirksey addressed Council to inform Council and residents that the Livonia Community Recreation Center has served as a cooling venue and warming center during extreme weather situations in the summer and winter and is available for use by residents who encounter emergency situations, are without power, or their air conditioning and/or furnaces are not working properly Mayor Kirksey also informed Council and residents of the recent filming of the movie "Scream 4" which took place at the old courthouse building Mayor Kirksey reported the filming company will be responsible for restoring the building to how it looked before filming began and indicated the film crew did not have plans to return at this point in time Mayor Kirksey reported the filming of a major movie in Livonia was an exciting event but indicated it does not dictate the future use of the former Court building There was no Audience Communication at the beginning of the meeting A communication from the Department of Law, dated June 25, 2010, re regulation of massage therapists and apprentices and House Bill 5926, was received and placed on file for the information of the Council (CR 77-09) On a motion by Pastor, seconded by Meakin, it was #235-10 RESOLVED, that having considered an application from Tavia Burgess and Scott Wenzel, 35259 Leon, dated June 8, 2010, requesting permission to close Leon between Yale and Parkdale on Saturday, August 7, 2010, from 3 00 p m to 9 00 p m for the purpose of conducting a block party, the Council does hereby grant permission as requested, including therein permission to conduct the said affair on Sunday, August 8, 2010, in the event of inclement weather, the action taken herein being made subject to the approval of the Police Department. #236-10 RESOLVED, that having considered an application from James P Rumrill, 14406 Brentwood, dated June 16, 2010, requesting permission to close Brentwood between Jacquelyn and Meadowlark on Saturday, August 21, 2010, from 1 00 pm to 10 00 p m for the purpose of conducting a block party, the Council does hereby grant Regular Meeting Minutes of July 7, 2010 37615 permission as requested, including therein permission to conduct the said affair on Sunday, August 22, 2010, in the event of inclement weather, the action taken herein being made subject to the approval of the Police Department. #237-10 RESOLVED, that having considered a letter from Suzanne Boyd, Franciscan Studios Manager, Madonna University, received in the Office of the City Clerk on June 14, 2010, which requests permission to waive Section 8 32 070 (Noise Control) of the Livonia Code of Ordinances, in connection with a live outdoor world music concert, which will take place at Madonna University on Saturday, July 10, 2010, between the hours of 3 00 p m and 9 00 p m , the Council does hereby grant and approve this request in the manner and form herein submitted #238-10 RESOLVED, that having considered a letter from Enrico E Soave, Esq , dated June 15, 2010, which requests permission to waive Section 8 32 070 (Noise Control) of the Livonia Code of Ordinances, as amended, to allow a private outdoor tent event at Doc's Sports Retreat, LLC, located at 19265 Victor Parkway, scheduled for Friday, September 24, 2010, the Council does hereby determine to waive Section 8 32 070 (Noise Control) of the Livonia Code of Ordinances between the hours of 3 00 p m and 11 30 p m in connection with this event scheduled for Friday, September 24, 2010 #239-10 RESOLVED, that having considered the report and recommendation of the Chief of Police, dated June 15, 2010, which bears the signature of the City Attorney and the Director of Finance and is approved for submission by the Mayor, the Council does hereby authorize the purchase of one (1) replacement marked Police vehicle (to replace a 2007 Crown Victoria that was totaled in a crash) from Signature Ford, 1960 E Main Street, Owosso, Michigan 48867, in the amount of $20,636 00, FURTHER, the Council does hereby authorize an expenditure from funds received in an insurance settlement from MMRMA in the total amount of $9,925 00 for this purpose, FURTHER, the Council does hereby authorize an expenditure from funds received from Weller Salvage/BWB Transport, Inc. in the total amount of $1,000 00 for this purpose, FURTHER, the Council does hereby authorize an additional expenditure in an amount not to exceed $9,711 00 from funds already budgeted in Account No 401-000-985- 000 for this purpose, FURTHER, the Council does hereby determine to authorize the said purchase without competitive bidding inasmuch as the same is based upon the low Macomb County consortium bid and such action is taken in accordance with the provisions set forth in Section 3 04 140 D 4 of the Livonia Code of Ordinances, as amended #240-10 RESOLVED, that having considered a communication from the Director of Community Resources, dated June 16, 2010, REVISED Regular Meeting Minutes of July 7, 2010 37616 which bears the signature of the City Attorney and the Director of Finance and is approved for submission by the Mayor, and to which is attached an agreement between the City of Livonia and Wayne County Office of Senior Citizen Services for the distribution of U S D.A. TEFAP commodities to low income residents through September 30, 2012, the Council does hereby authorize the Mayor and City Clerk, for and on behalf of the City of Livonia, to execute the said agreement in the manner and form herein submitted, as well as to do all other things necessary or incidental to the full performance of this resolution A communication from the Office of the City Clerk,dated June 14,2010, re:communication from the Secretary of the Board of Education requesting that their tax levy be collected as a Summer tax and that their two(2) millage rates be identified separately on property tax bills re:Wayne County Regional Educational Service Agency (RESA)for the year 2010, was received and placed on file for the information of the Council. #241-10 RESOLVED, that having considered a communication from the City Planning Commission, dated June 15, 2010, which transmits its resolution 06-36-2010, adopted on June 8, 2010, with regard to a Sign Permit Application submitted by Advance Auto Parts, requesting approval for wall signage for a tenant unit in the Woodland Plaza Shopping Center, on property located on the north side of Plymouth Road between Middlebelt Road and Sears Drive (30200 Plymouth Road) in the Southeast 1/4 of Section 26, the Council does hereby concur in the recommendation of the Planning Commission and Petition 2010-05-SN-02 is hereby approved and granted, subject to the following conditions 1 That the petitioner shall be allowed the opportunity to seek a second wall sign upon review and approval by the Zoning Board of Appeals, provided that the total combined area of both wall signs shall not exceed 123 square feet, and further provided that in no case shall the size of either sign exceed 90 square feet; 2 That no LED lightband or exposed neon shall be permitted on the building or around the windows, and 3 That the signage shall not be illuminated beyond one (1) hour after this business center closes #242-10 RESOLVED, that having considered a communication from the City Planning Commission, dated June 15, 2010, which transmits its resolution 06-37-2010 adopted on June 8, 2010, with regard to Petition 2010-04-02-06 submitted by Lone Pine Corral, Inc requesting approval of site landscaping, lighting and building elevation Regular Meeting Minutes of July 7, 2010 37617 changes, as required by Planning Commission resolution 05-28-2010, in connection with a full service restaurant (Time Out Bar & Grill) on property located on the north side of Plymouth Road between Levan Road and Newburgh Road (36480 Plymouth Road), in the Southwest 1/4 of Section 29, which previously received City Council approval on June 9, 2010, pursuant to Council Resolution 195-10, the Council does hereby concur in the recommendation of the Planning Commission and Petition 2010-04-02-06 is hereby approved and granted, subject to the following conditions 1 That the Exterior Building Elevation Plan submitted by Lone Pine Corral, Inc as received by the Planning Commission on May 21, 2010, is hereby approved and shall be adhered to, 2 That the Landscape Plan submitted by Lone Pine Corral, Inc as received by the Planning Commission on June 7, 2010, is hereby approved and shall be adhered to, 3 That all existing landscaped areas shall be cleaned up, re- managed and permanently maintained in a healthy condition, 4 That the landscape areas along this property's Plymouth Road street frontage shall be planted and coordinated according to the Plymouth Road Development Authority's (PRDA) directions and specifications, 5 That underground sprinklers are to be provided for all landscaped and sodded areas and all planted materials shall be installed to the satisfaction of the Inspection Department and thereafter permanently maintained in a healthy condition, 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 plans referenced in this approving resolution shall be submitted to the Inspection Department at the time of application for the Certificate of Occupancy amendment; and 9 Pursuant to Section 19 10 of Ordinance No 543, the Zoning Ordinance of the City of Livonia, this approval is valid for a period of one year only from the date of approval by City Council, and unless a building permit is obtained, this approval shall be null and void at the expiration of said period Regular Meeting Minutes of July 7, 2010 37618 A roll call vote was taken on the foregoing resolutions with the following result: AYES Meakin, Laura, Toy, Brosnan, Pastor, and McCann NAYS None A communication from Joan Anderberg, Manager of Business Licensing for Target Corporation, 1000 Nicollet Mall, Minneapolis, Minnesota, dated July 7, 2010, re background information and supporting documentation concerning request for a new SDM license for the Target store located at 20100 Haggerty Road, was received and placed on file for the information of the Council On a motion by Brosnan, seconded by Laura, it was #243-10 RESOLVED, that having considered a letter from the Michigan Liquor Control Commission dated March 29, 2010, and the report and recommendation from the Chief of Police dated June 15, 2010, in connection therewith, approved for submission by the Mayor, the Council does hereby determine that it has no objection to and does recommend approval of the request from Target Corporation (a Minnesota corporation) for a new SDM license to be located at 20100 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 A roll call vote was taken on the foregoing resolution with the following result: AYES Toy, Brosnan, Pastor, and McCann NAYS Meakin and Laura The President declared the resolution adopted Jennifer Heidison, Target Corporation, 2701 Ivy Hill, Commerce Township, MI, was present to answer any questions of Council and thanked Council for their time and consideration On a motion by Brosnan, seconded by Pastor, it was #244-10 RESOLVED, that having considered a communication from the Director of the Housing Commission, dated June 18, 2010, approved for submission by the Mayor, requesting approval to fast track Neighborhood Stabilization Program (NSP) eligible projects in order to obtain additional recaptured funding from the Michigan State Regular Meeting Minutes of July 7, 2010 37619 Housing Development Authority (MSHDA) to support our local foreclosure initiatives in Livonia neighborhoods, the Council does hereby approve this request to obtain additional recaptured NSP funding from MSHDA in an amount up to $1,174,800 00 to support local foreclosure initiatives in Livonia neighborhoods, FURTHER, the proposed activities are consistent with the local community development plan and/or have local support; FURTHER, no project costs (NSP and Non-NSP) will be incurred prior to a formal grant award, completion of the environmental review procedures and formal, written authorization to incur costs is received from MSHDA, and the Mayor and the Director of Housing are hereby authorized to execute appropriate grant Agreements as required by MSHDA for this purpose A roll call vote was taken on the foregoing resolution with the following result: AYES Meakin, Toy, Brosnan, Pastor, and McCann NAYS Laura The President declared the resolution adopted On a motion by Toy, seconded by Meakin, it was RESOLVED, that having considered a communication from the City Planning Commission, dated June 9, 2010, which transmits its resolution 06-34-2010, adopted on June 8, 2010, with regard to Petition 2010-04-02-09, submitted by J&M Beverages, Inc requesting waiver use approval to utilize an SDM Liquor License (sale of packaged beer and wine) and an SDD Liquor License (sale of packaged spirits over 21% alcohol) on property located on the north side of Plymouth Road between Stark Road and Belden Court (34730 Plymouth Road), in the Southwest 1/4 of Section 28, which property is zoned C-1, the Council does hereby concur in the recommendation made by the City Planning Commission and Petition 2010-04-02-09 is hereby approved and granted, subject to the following conditions 1 That the proposed use complies with all of the special and general waiver use standards and requirements as set forth in Sections 10 03 and 19 06 of the Zoning Ordinance No 543, 2 That a security device such as a locked case or a closed off counter shall be provided to restrict public access to SDD products, as stipulated in Section 10 03(g)(4) of the Zoning Ordinance, 3 That the issues noted in the correspondence dated May 28, 2010, from the Inspection Department shall be rectified to that department's satisfaction, and Regular Meeting Minutes of July 7, 2010 37620 4 That replacement trees shall be planted at the southeast and southwest corners of the property per the review and approval of the Planning Department. Such trees shall be installed prior to the final inspection by the Inspection Department. Toy and Meakin withdrew their motions on the foregoing resolution President McCann indicated Agenda Item #12 would be removed from the Agenda and rescheduled for the next Regular meeting of the Council On a motion by Meakin, seconded by Pastor, and unanimously adopted, it was #245-10 RESOLVED, that having considered a communication from the City Planning Commission, dated June 11, 2010, which transmits its resolution 06-35-2010, adopted on June 8, 2010, with regard to Petition 2010-05-02-10, submitted by Schultz Auto Brokers, Inc requesting waiver use approval for the outdoor storage of recreational vehicles on property located on the west side of Stark Road, between the railroad right-of-way and Schoolcraft Road (12641 Stark Road), in the Northeast 1/4 of Section 28, which property is zoned M-1, the Council does hereby concur in the recommendation made by the City Planning Commission and Petition 2010-05-02-10 is hereby approved and granted, subject to the following conditions 1 That the Site Plan submitted by Schultz Auto Brokers as received by the Planning Commission on May 13, 2010, is hereby approved and shall be adhered to, 2 That the outdoor storage of recreational vehicles and commercial vehicles shall be limited to the rear yard storage area as identified and designated on the above-referenced Site Plan and shall be maintained in an orderly manner; 3 That the storage yard shall be hard surfaced with crushed rock or gravel prior to the issuance of the Certificate of Occupancy by the Inspection Department and shall be maintained in a dust proof condition, and said storage area shall be properly graded and drained to dispose of all surface water in a manner as approved by the Engineering Division, 4 That the entire area utilized for recreational and commercial vehicle storage shall be enclosed by a fence of a type approved by the Inspection Department; 5 That there shall be no outdoor storage of vehicle parts, scrap material and debris in connection with this use, Regular Meeting Minutes of July 7, 2010 37621 6 That adequate and properly directed lighting facilities, not exceeding 30 feet in height, shall be provided for the illumination of the storage area, 7 That the visitor and employee parking spaces shown on the site plan shall be double striped, including the provision of barrier free parking, and all regular parking spaces shall be 10 feet by 20 feet in size as required, 8 That all existing landscaped areas shall be cleaned up, re- managed and permanently maintained in a healthy condition, 9 That the issues as outlined in the correspondence dated May 24, 2010, from the Livonia Fire and Rescue Division shall be resolved to the satisfaction of the Inspection Department and/or the Engineering Division, and 10 That the plan referenced in this approving resolution shall be submitted to the Inspection Department at the time of application for the Certificate of Occupancy On a motion by Meakin, seconded by Toy, it was #246-10 RESOLVED, that having considered a communication from the City Planning Commission, dated June 11, 2010, which transmits its resolution 06-35-2010, adopted on June 8, 2010, with regard to Petition 2010-05-02-10, submitted by Schultz Auto Brokers, Inc requesting waiver use approval for the outdoor storage of recreational vehicles on property located on the west side of Stark Road, between the railroad right-of-way and Schoolcraft Road (12641 Stark Road), in the Northeast 1/4 of Section 28, which property is zoned M-1, the Council does hereby waive the requirement that entire lot be hard surfaced with concrete or a plant-mix bituminous material, as provided for under Section 16 11(d)(3) of Zoning Ordinance No 543, as amended, in connection with the approval of waiver use Petition 2010-05-02-10 A roll call vote was taken on the foregoing resolution with the following result: AYES Meakin, Laura, Toy, Brosnan, Pastor, and McCann NAYS None The President declared the resolution adopted On a motion by Pastor, seconded by Toy, and unanimously adopted, it s lr was Regular Meeting Minutes of July 7, 2010 37622 #247-10 RESOLVED, that having considered a communication from the City Planning Commission, dated May 13, 2010, which sets forth its resolution 05-27-2010 adopted on May 11, 2010, with regard to Petition 2010-02-01-01, submitted by Dr Nabil Suliman for a change of zoning of property located on the west side of Farmington Road between Curtis Road and Seven Mile Road (Lots 98 through 106 of Seven Mile Road Super Highway Subdivision), in the Northeast 1/4 of Section 9, from R-3 to OS (One Family Residential — 80' x 120' Lots to Office Services), and the Council having conducted a public hearing with regard to this matter on Monday, June 21, 2010, the Council does hereby refer this matter to the Committee of the Whole for its report and recommendation On a motion by Pastor, seconded by Meakin, and unanimously adopted, it was #248-10 RESOLVED, that having considered a communication from the Director of Finance, dated June 15, 2010, approved for submission by the Mayor, the Council does hereby determine to conduct a Public Hearing on Monday, October 4, 2010, at 7 00 p m at the Livonia City Hall, 33000 Civic Center Drive, Livonia, Michigan, with respect to the Annual Budget for the fiscal year ending on November 30, 2011, and the City Clerk shall give adequate public notice of said Public Hearing in accordance with provisions of law and City Charter On a motion by Pastor, seconded by Toy, and unanimously adopted, it was #249-10 RESOLVED, that having considered a communication from the Director of Finance, dated June 15, 2010, approved for submission by the Mayor, the Council does hereby refer the subject of the Annual Budget for the fiscal year ending on November 30, 2011,to the Finance, Budget and Technology Committee for its report and recommendation There was no Audience Communication at the end of the meeting On a motion by Pastor, seconded by Meakin, and unanimously adopted, this 1,660th Regular Meeting of the Council of the City of Livonia was adjourned at 8 23 p m Terry)A. Marecki, City Clerk