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HomeMy WebLinkAboutCOUNCIL MINUTES 2010-03-24 37487 MINUTES OF THE ONE THOUSAND SIX HUNDRED FIFTY THIRD REGULAR MEETING OF MARCH 24, 2010 On March 24, 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 Council Vice-President Laura led the meeting with the Pledge of Allegiance Roll was called with the following result: Joe Laura, Laura Toy, Maureen Miller Brosnan, John Pastor, Brian Meakin, Terry Godfroid-Marecki, 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; Maureen Cosgrove, Assistant City Clerk, and Mayor Jack Kirksey On a motion by Toy, seconded by Pastor, it was #91-10 RESOLVED, that the Minutes of the 1,652nd Regular Meeting of the Council held March 10, 2010, are hereby approved as submitted A roll call vote was taken on the foregoing resolution with the following result: AYES Laura, Toy, Brosnan, Pastor, Meakin, and Godfroid- Marecki NAYS None PRESENT McCann President McCann declared the resolution adopted President McCann welcomed Dr Paul LaCasse, President and CEO of Botsford Hospital Dr LaCasse announced that Botsford Hosptial has recently been recognized by the American College of Surgeons in January, 2010, as a Level II Trauma Center Dr LaCasse indicated Botsford is one of a few trauma centers in the Wayne and Oakland County areas and proceeded with a brief PowerPoint Regular Meeting Minutes of March 24, 2010 37488 presentation which outlined the importance of a trauma center The slides enumerated Trauma Facts, the Golden Hour, the Trauma Center Designation, EMS Transport Protocols, and Trauma Service Area for Botsford Hospital Dr LaCasse concluded the presentation by stating the location and close proximity of Botsford Hospital's Trauma Center is significant because it will help save lives for Livonia residents and the surrounding communities President McCann introduced Kerry Sutton, 8645 Creekwood Drive, Canton, present on behalf of the Michigan Concrete Association Ms Sutton indicated she was present to recognize Livonia for winning awards on two concrete projects, performed by local contractors under the "Best Concrete Projects in Michigan Recognition Program " Ms Sutton indicated the first category award was for industrial roads and parking lots and was awarded for the Tech Center Drive Pavement Reconstruction Project which was contracted out to DiLisio Contracting, Inc and the engineering company for that project was Anderson, Eckstein and Westrick, Inc Ms Sutton further explained the second category award was for restoration of residential streets and involved Hubbard, Lyndon and West Chicago pavement maintenance projects completed by Galui Construction, Inc and the engineering company for that project was also Anderson, Eckstein and Westrick, Inc Ms Sutton offered congratulations to the City for the work performed on its roads by doing reconstruction and rehabilitation and for conserving funds by being creative and innovative Ms Sutton concluded by thanking Councilmembers for their continued support and presented each individual Councilmember with a plaque Councilmember Toy announced the recent passing of Angelo D'Orazio and indicated Mr D'Orazio was a long-time resident and friend to the City and was responsible for a great deal of many developments throughout the City including the Italian-American Club In addition, Toy announced the passing of Representative Tom Kelly and indicated it was important to recognize those who have helped the Livonia community Councilmember Godfroid-Marecki offered condolences to the family of Dan Lessard, Board member for Livonia Public Schools, whose wife passed away last week. Godfroid-Marecki also thanked Congressman McCotter for voting "no" on the recent health care bill and thanked Attorney General Mike Cox for filing a lawsuit against the health care bill on behalf of the State of Michigan Godfroid-Marecki indicated the health care bill will most likely add to the negative status of the Michigan economy On a motion by Godfroid-Marecki, seconded by Meakin, and unanimously adopted, it was #92-10 RESOLVED, that the Council does hereby refer the subject matter of the new health care bill and its impact on the City of Regular Meeting Minutes of March 24, 2010 37489 Livonia to the Finance, Budget and Technology Committee for its report and recommendation Councilmember Brosnan reminded residents of the following upcoming events Household Hazardous Waste Day scheduled for Saturday, March 27th, from 8 00 a m to 2 00 p m in Redford at 12200 Beech Daly Road, Livonia's 175th Anniversary Celebration hosted by Bill Joyner at the Livonia Civic Center Library on Sunday, March 28, 2010, from 1 00 p m to 4 00 p m , and the subject matter of the proposed water improvements to be made throughout the City was scheduled to be discussed at a Public Hearing on Monday, March 29, 2010, at 7 00 p m in the Auditorium at City Hall Vice-President Laura explained the position of City Clerk recently became vacant and informed interested residents to submit their resume with a Letter of Interest to the Council Office no later than noon on Friday, March 26, 2010 Laura indicated following review of the resumes received, the Council will conduct interviews of selected individuals at next week's meeting President McCann explained interviews for the Clerk's position would take place on Wednesday, March 31, 2010, at 6 30 p m at the Committee of the Whole meeting in Council Chambers Following the interview proceedings, President McCann indicated Council will announce its decision at the Regular Council meeting scheduled for Monday, April 12, 2010, but added that date was subject to change if necessary During Audience Communication, Ken Slusser, 36536 Roycroft, Livonia, addressed Council and indicated he has been a resident in Livonia since 1955 Mr Slusser stated he is a member of the Livonia Hockey Association (LHA) and announced the Livonia Girls 14U team for LHA is going to the National Tournament following the State championship and the Girls 16U team was one game short of going to Nationals Mr Slusser indicated he has spoken with the Board of the LHA requesting residency restrictions be lifted for all girls hockey teams and indicated he felt the girls teams should be equal to the boys teams An e-mail communication from the Planning Department, dated March 2, 2010, forwarding the SDD License Availability Report prepared by the Michigan Department of Energy, Labor & Economic Growth dated January 26, 2010, was received and placed on file for the information of the Council (Petition 2009-10-02- 15) On a motion by Laura, seconded by Brosnan, it was RESOLVED, that having considered a communication from the City Planning Commission, dated February 11, 2010, which transmits its Regular Meeting Minutes of March 24, 2010 37490 resolution 02-11-2010, adopted on February 9, 2010, with regard to Petition 2009-10-02-15, submitted by Six Mile Properties, L.L C requesting waiver use approval to utilize an SDM License (sale of packaged beer and wine) and an SDD license (sale of packaged spirits over 21% alcohol) in connection with the demolition of the existing building and the redevelopment of the entire site, including the construction of a new building, on property located on the Northeast corner of Farmington Road and Six Mile Road (17108 Farmington Road), in the Southwest '/ of Section 10, which property is zoned C-2, the Council does hereby refer this matter to the Committee of the Whole for its report and recommendation A roll call vote was taken on the foregoing resolution with the following result: AYES Laura and Brosnan NAYS Toy, Pastor, Meakin, Godfroid-Marecki, and McCann The President declared the motion failed On a motion by Meakin, seconded by Pastor, it was #93-10 RESOLVED, that having considered a communication from the City Planning Commission, dated February 11, 2010, which transmits its resolution 02-11-2010, adopted on February 9, 2010, with regard to Petition 2009-10-02-15, submitted by Six Mile Properties, L L.0 requesting waiver use approval to utilize an SDM License (sale of packaged beer and wine) and an SDD license (sale of packaged spirits over 21% alcohol) in connection with the demolition of the existing building and the redevelopment of the entire site, including the construction of a new building, on property located on the Northeast corner of Farmington Road and Six Mile Road (17108 Farmington Road), in the Southwest 1/4 of Section 10, which property is zoned C-2, the Council does hereby concur in the recommendation made by the City Planning Commission and Petition 2009-10-02-15 is hereby denied for the following reasons 1 That the petitioner has failed to affirmatively show that the proposal is in compliance with all of the special and general waiver use standards and requirements as set forth in Sections 11 03 and 19 06 of the Zoning Ordinance No 543, 2 That this area of the City is currently well served with existing SDM and SDD licensed establishments, 3 That there is no demonstrated need for additional SDM and SDD licensed establishments in this area of the City; Regular Meeting Minutes of March 24, 2010 37491 4 That the petitioner has not sufficiently demonstrated that the proposal would be compatible to and in harmony with Lo surrounding uses in the area, 5 That the petitioner has failed to adequately demonstrate that the property has the capacity to accommodate the proposed use, and 6 That the proposed use is contrary to the goals and objectives of the Zoning Ordinance which, among other things, are intended to ensure suitability and appropriateness of uses A roll call vote was taken on the foregoing resolution with the following result: AYES Toy, Brosnan, Pastor, Meakin, Godfroid-Marecki, and McCann NAYES Laura The President declared the resolution adopted On a motion by Toy, seconded by Brosnan, it was RESOLVED, that having considered a communication from the City Planning Commission, dated February 1, 2010, which transmits its resolution 01-03-2010, adopted on January 26, 2010, with regard to Petition 2009-12-02-18, submitted by Walgreen Company requesting waiver use approval to utilize an SDM license (sale of packaged beer and wine) in connection with a retail facility on property located on the west side of Newburgh Road, between Mallory Drive and Six Mile Road (17001 Newburgh Road), in the Northeast 1/4 of Section 18, which property is zoned C-1, the Council does hereby reject the recommendation made by the City Planning Commission and Petition 2009-12-02-18 is hereby denied for the following reasons 1 That the petitioner has failed to affirmatively show that the proposed use is in compliance with all of the general waiver use standards and requirements as set forth in Section 19 06 of the Zoning Ordinance No 543, 2 That this area of the City is currently well served with existing SDM licensed establishments, 3 There is no demonstrated need for additional SDM licensed facilities in this area of the City; 4 That the petitioner has not sufficiently demonstrated that the proposed use would be compatible to and in harmony with the surrounding uses in the area, and Regular Meeting Minutes of March 24, 2010 37492 5 That the proposal is contrary to the goals and objectives of the Zoning Ordinance which, among other things, are intended to insure suitability and appropriateness of uses President McCann passed the gavel to Vice-President Laura at 8 50 p m to speak in favor of the proposed waiver petition (Petition 2009-12-02-18) On a motion by Pastor, seconded by Meakin, the following substitute motion was offered RESOLVED, that the Council does hereby refer the subject matter of requests made by Walgreen Company to utilize SDM licenses at various store locations throughout the City to the Committee of the Whole for its report and recommendation After much discussion, a roll call vote was taken on the proposed motion to substitute with the following result: AYES Pastor and McCann NAYS Toy, Brosnan, Meakin, Godfroid-Marecki and Laura Vice-President Laura declared the substitute motion failed A roll call vote was then taken on the originally proposed resolution as follows #94-10 RESOLVED, that having considered a communication from the City Planning Commission, dated February 1, 2010, which transmits its resolution 01-03-2010, adopted on January 26, 2010, with regard to Petition 2009-12-02-18, submitted by Walgreen Company requesting waiver use approval to utilize an SDM license (sale of packaged beer and wine) in connection with a retail facility on property located on the west side of Newburgh Road, between Mallory Drive and Six Mile Road (17001 Newburgh Road), in the Northeast 1/4 of Section 18, which property is zoned C-1, the Council does hereby reject the recommendation made by the City Planning Commission and Petition 2009-12-02-18 is hereby denied for the following reasons 1 That the petitioner has failed to affirmatively show that the proposed use is in compliance with all of the general waiver use standards and requirements as set forth in Section 19 06 of the Zoning Ordinance No 543, 2 That this area of the City is currently well served with existing SDM licensed establishments, Regular Meeting Minutes of March 24, 2010 37493 3 There is no demonstrated need for additional SDM licensed facilities in this area of the City; 4 That the petitioner has not sufficiently demonstrated that the proposed use would be compatible to and in harmony with the surrounding uses in the area, and 5 That the proposal is contrary to the goals and objectives of the Zoning Ordinance which, among other things, are intended to insure suitability and appropriateness of uses with the following result: AYES Toy, Brosnan, Pastor and Laura NAYS Meakin, Godfroid-Marecki and McCann Vice-President Laura declared the resolution adopted Marcus Jones, Attorney representing Walgreen Company, 900 Fifth Third Building, Grand Rapids, Michigan, was present to answer any questions of Council and to explain Walgreen is simply asking for approval to ascertain their beer and wine license to accommodate customers' requests for same (Petition 2009-12-02-18) Jim Prieskorn, 20446 Hubbard, Livonia, addressed Council to inquire why it would consider approval of the Waiver Petition as submitted by Walgreen Company for the location in question and indicated he felt residents were adequately served by sufficient beer and wine sales within the community (Petition 2009-12-02-18) President McCann resumed the gavel at 9 02 p m An e-mail communication from Mary Ellen Stiem, dated March 11, 2010, and response from the Office of the Mayor, dated March 15, 2010, re McLaren Performance Technologies and their request for a change of zoning of property located at 32233 Eight Mile Road, was received and placed on file for the information of the Council (Petition 2009-11-01-02) A petition signed by five (5) residents, received on March 19, 2010, re in opposition to the proposed change of zoning by McLaren Performance Technologies for property located at 32233 Eight Mile Road, was received and placed on file for the information of the Council (Petition 2009-11-01-02) Regular Meeting Minutes of March 24, 2010 37494 A communication from the Department of Law, dated March 19, 2010, re proposed amendment to Zoning Ordinance No 543 relating to a request submitted by McLaren Performance Technologies for property located at 32233 Eight Mile Road, was received and placed on file for the information of the Council (Petition 2009-11-01-02) A communication from the Livonia Chamber of Commerce, dated March 22, 2010, in support of the rezoning request submitted by McLaren Performance Technologies for property located at 32233 Eight Mile Road, was received and placed on file for the information of the Council (Petition 2009-11-01- 02) A communication from McLaren Performance Technologies, dated March 23, 2010, forwarding a site plan, a photometric study concerning lighting, and a letter signed by six (6) of their employees that are Livonia residents indicating their support of the rezoning request for property located at 32233 Eight Mile Road, was received and placed on file for the information of the Council (Petition 2009-11-01- 02) Meakin 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 2009-11-01-02) 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 Regular Meeting Minutes of March 24, 2010 37495 On a motion by Toy, seconded by Laura, it was RESOLVED, that having considered a communication from the City Planning Commission, dated February 1, 2010, which sets forth its resolution 01-01-2010 adopted on January 26, 2010 with regard to Petition 2009-11-01-02, submitted by McLaren Performance Technologies for a change of zoning of property located on the south side of Eight Mile Road between Parker Avenue and Hubbard Road (32233 Eight Mile Road), in the Northeast % of Section 3, from R-3 to P (One Family Residential — 80' x 120' Lots to Parking), and the Council having conducted a Public Hearing with regard to this matter on Monday, March 8, 2010, the Council does hereby refer this matter to the Committee of the Whole for its report and recommendation A roll call vote was taken on the proposed resolution with the following result: AYES Laura and Toy NAYS Brosnan, Pastor, Meakin, Godfroid-Marecki, and McCann The President declared the motion failed Ralph Martin, 20366 Hubbard, Livonia, spoke in opposition to the rezoning petition and suggested additional landscaping and requirement of a berm to aid in limiting noise and sight of the proposed expansion of the parking lot on the subject property (Petition 2009-11-01-02) Jim Prieskorn, 20446 Hubbard, Livonia, spoke in opposition to the rezoning petition and indicated the proposed expansion will negatively impact home market values that neighbor McLaren and requested an opportunity to see the revised site plan as submitted to Council by the petitioner (Petition 2009-11-01-02) Mary Steen, 9924 Melrose, Livonia, spoke in favor of the rezoning petition and indicated she has been employed with McLaren for ten years and the company requires the additional parking spaces to accommodate new employees recently hired (Petition 2009-11-01-02) James Brossard, 20391 Parker, Livonia, indicated to Council he has been a Livonia resident for 45 years and stated he felt a berm would be helpful and spoke in favor of the proposed rezoning petition (Petition 2009-11-01-02) Robert Austin, 20306 Hubbard, Livonia, thanked Council and the Administration for their assistance and cooperation in considering the proposed rezoning petition (Petition 2009-11-01-02) Regular Meeting Minutes of March 24, 2010 37496 Mike Horton, 20414 Hubbard, Livonia, thanked Council for their assistance and cooperation in considering the proposed rezoning petition and indicated he would like the same consideration from the City's Administration (Petition 2009-11-01-02) On a motion by Toy, seconded by Godfroid-Marecki, and unanimously adopted, it was #95-10 RESOLVED, that having considered a communication from the City Planning Commission, dated February 1, 2010, which sets forth its resolution 01-02-2010 adopted on January 26, 2010, with regard to Petition 2009-11-01-03, submitted by Kucyk, Soave and Fernandes, P L.L.0 for a change of zoning of property located on the west side of Henry Ruff Road between Schoolcraft Road and Lyndon Avenue (14401 Henry Ruff), in the Southwest '/4 of Section 23 from RUF to R-3 (Rural Urban Farm — 1/2 Acre Lots to One Family Residential — 80' x 120' Lots), and the Council having conducted a Public Hearing with regard to this matter on Monday, March 8, 2010, the Council does hereby approve Petition 2009-11-01-03 for preparation of the Ordinance for submission to Council, and the City Planner is hereby instructed to cause the necessary map for publication to be prepared indicating the zoning change herein approved and to furnish the same to the Department of Law and, upon receipt of such map, the Department of Law is requested to prepare an Ordinance amending Ordinance No 543, as amended, in accordance with this resolution Cindy Swintek, 14390 Henry Ruff, Livonia, expressed concern and spoke in opposition to the rezoning petition submitted relative to property located at 14401 Henry Ruff (Petition 2009-11-01-03) There was no Audience Communication at the end of the meeting President McCann reminded residents of the 175th Anniversary Celebration of Livonia as a Township and indicated Livonia will celebrate its 60th Birthday this year McCann stated the Anniversary Celebration is scheduled to take place on Sunday, March 28, 2010, from 1 00 p m to 4 00 p m at the Civic Center Library and encouraged residents to attend On a motion by Brosnan, seconded by Laura, it was #96-10 RESOLVED, that the Council does hereby refer the subject of combining the Clerk and Treasurer's office specifically, the preparation of a timeline, changing the language in the Charter if the departments are combined, and the procedure for putting this matter on the ballot to the Department of Law for its report and recommendation Regular Meeting Minutes of March 24, 2010 37497 After much discussion concerning the matter, a roll call vote was taken on the foregoing resolution with the following result: AYES Laura, Toy, Brosnan, Pastor, Godfroid-Marecki, and McCann NAYS Meakin The President declared the resolution adopted On a motion by Brosnan, seconded by Laura, it was #97-10 RESOLVED, that the Council does hereby refer the subject of combining the Clerk and Treasurer's office to the Economic Development, Community Outreach and Strategic Planning Committee for its report and recommendation After much discussion concerning the matter, a roll call vote was taken on the foregoing resolution with the following result: AYES Laura, Toy, Brosnan, Godfroid-Marecki, and McCann NAYS Pastor and Meakin The President declared the resolution adopted On a motion by Brosnan, seconded by Toy, it was RESOLVED, that the Council does hereby refer the subject of the removal of the assignment of a car to the City Clerk to the Administration for its report and recommendation After much discussion concerning the matter, a roll call vote was taken on the foregoing resolution with the following result: AYES Laura, Toy, and Brosnan NAYS Pastor, Meakin, Godfroid-Marecki, and McCann The President declared the motion failed Mayor Kirksey addressed Council to express his appreciation for the suggestions offered by Council and indicated he felt it was unfortunate in this forum to concentrate on a particular position, but advised Council a plan has been put in place to recover many of the 24/7 City vehicles Mayor Kirksey concluded he felt it was unfortunate the discussions by Council had taken a personal turn during the course of the meeting Regular Meeting Minutes of March 24, 2010 37498 On a motion by Meakin, seconded by Toy, and unanimously adopted, this 1,653`d Regular Meeting of the Council of the City of Livonia was adjourned at 1005pm 1,0-4.9)//e/)‘- — Maur-en Cosgrove, Assistaik City Clerk