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HomeMy WebLinkAboutCOUNCIL MINUTES 2010-04-25 SPECIAL 37522 MINUTES OF THE TWO HUNDRED FORTY-SEVENTH SPECIAL MEETING OF APRIL 25, 2010 On April 25, 2010, the above Special 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 1 00 pm Roll was called with the following result. John Pastor, Brian Meakin, Joe Laura, Laura Toy, Maureen Miller Brosnan, and James McCann Absent: Terry Godfroid-Marecki Elected and appointed officials present: Don Knapp, City Attorney; Karen Tesner, Director of Legislative Affairs, and Maureen Cosgrove, Assistant City Clerk. There was no Audience Communication at the beginning of the meeting A communication from Councilmember John Pastor, dated April 21, 2010, re expressing his intent to withdraw his application for consideration of the vacant City Clerk position, was received and placed on file for the information of the Council A communication from Adriane Spencer, Livonia resident and City employee, dated April 17, 2010, re expressing concern over process being undertaken to fill City Clerk vacancy and requesting Council consider filling the position from within the Clerk's Office, was received and placed on file for the information of the Council A communication from Margaret Weiss, Livonia resident and City employee, dated April 19, 2010, re expressing concern over process being undertaken to fill City Clerk vacancy and requesting Council consider filling the Special Meeting Minutes of April 25, 2010 37523 position from within the Clerk's Office, was received and placed on file for the information of the Council. On a motion by Pastor, it was RESOLVED, that having considered the report and recommendation of the Committee of the Whole, dated April 16, 2010, the Council does hereby appoint Mark T Garrison to the Office of the City Clerk of the City of Livonia, to fill the unexpired term of Linda Grimsby, which term expires December 31, 2011, such appointment to be effective immediately upon taking the Oath of Office as required in Chapter X, Section 2 of the City Charter, to be administered by the Assistant City Clerk. The motion failed for lack of support. On a motion by Toy, seconded by Meakin, it was #122-10 RESOLVED, that having considered the report and recommendation of the Committee of the Whole, dated April 16, 2010, the Council does hereby appoint Terry A. Godfroid-Marecki to the Office of the City Clerk of the City of Livonia, to fill the unexpired term of Linda Grimsby, which term expires December 31, 2011, such appointment to be effective immediately upon taking the Oath of Office as required in Chapter X, Section 2 of the City Charter, to be administered by the Assistant City Clerk. A roll call vote was taken on the foregoing resolution with the following result: AYES Meakin, Laura, Toy, and McCann NAYS Pastor and Brosnan The President declared the resolution adopted There was no Audience Communication at the end of the meeting On a motion by Toy, seconded by Brosnan, and unanimously adopted, this 247th Special Meeting of the Council of the City of Livonia was adjourned at 1 08 p m , April 25, 2010 --f42.e2fzp,L_ 4.. Maureen Cosgrove, Ass stant City Clerk 37524 MINUTES OF THE ONE THOUSAND SIX HUNDRED FIFTY FIFTH REGULAR MEETING OF APRIL 28, 2010 On April 28, 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 the Pledge of Allegiance Roll was called with the following result: Brian Meakin, Joe Laura, Laura Toy, Maureen Miller Brosnan, John Pastor, and James McCann Absent: None President McCann announced Terry A. Marecki submitted a Letter of Resignation from her position as a Councilmember effective 5 00 p m , April 28, 2010 Elected and appointed officials present: Todd Zilincik, City Engineer; Karen Tesner, Director of Legislative Affairs, Mark Taormina, City Planner; Don Knapp, City Attorney; Karen Kapchonick, Superintendent of Parks & Recreation, Police Chief Robert Stevenson, Maureen Cosgrove, Assistant City Clerk; former Councilmembers Gerald Taylor and Thomas Robinson, and Mayor Jack Kirksey On a motion by Toy, seconded by Brosnan, and unanimously adopted, it was #123-10 RESOLVED, that the Minutes of the 1,654th Regular Meeting of the Council held April 12, 2010, are hereby approved as submitted On a motion by Toy, seconded by Laura, it was #124-10 RESOLVED, that the Minutes of the 246th Special Meeting of the Council held April 16, 2010, are hereby approved as submitted A roll call vote was taken on the foregoing resolution with the following result: Regular Meeting Minutes of April 28, 2010 37525 AYES Meakin, Laura, Toy, Brosnan, and McCann NAYS None PRESENT Pastor President McCann declared the resolution adopted On a motion by Toy, seconded by Laura, and unanimously adopted, it was #125-10 RESOLVED, that the Minutes of the 247th Special Meeting of the Council held April 25, 2010, are hereby approved as submitted Brosnan presented a Proclamation on behalf of the City Council and the Mayor to the National Association of Letter Carriers in honor of their annual Food Drive Brosnan stated the Letter Carriers' Food Drive Day will take place on Saturday, May 8, 2010, and encouraged all Livonia residents to donate non- perishable food items at their mail boxes to be collected by Letter Carriers on May 8th A Letter Carrier from Livonia was present to receive the Proclamation President McCann introduced George Dimopoulos, owner of Senate Coney Island, and stated Mr Dimopoulos was invited to speak with Council concerning his business success President McCann indicated the Senate recently received an award from the Chamber of Commerce and the Livonia Observer as being one of the best local businesses During Audience Communication, George Dimopoulos, Livonia resident and owner of Senate Coney Island, thanked Council for their continued support over the years Mr Dimopoulos stated he immigrated from Greece in 1969 and when he first came to America he worked as a bus boy at Topinka's Restaurant. He explained it was his dream to open his own restaurant business Mr Dimopoulos indicated he has worked very hard over the years and through his hard work, and with the help and support of his wife and children, his family was able to open the Haggerty Road location in Northville Mr Dimopoulos concluded by stating with the support and kind assistance of Livonia residents, City Council and the Mayor, he has been able to enjoy much success for all his hard work. Lieutenant Colonel (Retired) Gary Aten, Executive Director of the Michigan Committee for the Employer Support of the Guard and Reserve (ESGR), addressed Council to explain the purpose of ESGR is to educate employers concerning the laws, duties and responsibilities concerning employees who are deployed for active duty in the Guard or Reserves, to mediate when there is a conflict between members and their employers and to recognize employers who exceed requirements by law in supporting their employees who serve in the Guard and Reserve LtC Aten explained Ruth Love, Senior Master Sgt. in the United Regular Meeting Minutes of April 28, 2010 37526 States Air Force Reserve, had submitted a letter of recommendation to honor the City of Livonia for being such a cooperative employer On behalf of ESGR, LtC Aten presented various awards and commendations to Police Chief Stevenson, Mayor Kirksey and City Council for the City's continued cooperation and support of employees who have been called up for active duty to serve the Nation Walter Epps, candidate for Wayne County Sheriff, introduced himself to members of Council and Livonia residents and indicated he would like the chance to speak with Councilmembers at the conclusion of the meeting Maureen Cosgrove, Assistant City Clerk, administered the Oath of Office for the Office of the City Clerk and Terry A. Marecki was sworn in to serve the City of Livonia in the capacity of City Clerk. A communication from the Department of Finance, dated March 24, 2010, re forwarding various financial statements of the City of Livonia for the month ending January 31, 2010, was received and placed on file for the information of the Council A communication from the Department of Finance, dated April 5, 2010, re forwarding various financial statements of the City of Livonia for the month ending February 28, 2010, was received and placed on file for the information of the Council A communication from Windsor Capital Group, Inc , Santa Monica, CA, dated April 26, 2010, containing a Letter of Understanding between the City of Livonia and Windsor Capital Group, Inc , re dance-entertainment permit for a business located at 19525 Victor Parkway, was received and placed on file for the information of the Council (Agenda Item #2) At the direction of the Chair, Items #9 and #10 were removed from the Consent portion of the Agenda On a motion by Toy, seconded by Brosnan, it was #126-10 RESOLVED, that having considered a letter from the Michigan Liquor Control Commission, dated January 20, 2010, and a report and recommendation from the Deputy Chief of Police, dated Regular Meeting Minutes of April 28, 2010 37527 March 24, 2010, approved for submission by the Mayor, the Council does hereby approve of the request from Shivamdepash, Inc for transfer of ownership of a 2009 SDD & SDM licensed business from AMNS, Inc., for a business located at 19191 Merriman, 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 #127-10 RESOLVED, that having considered a letter from the Michigan Liquor Control Commission, dated September 1, 2009, and the report and recommendation of the Deputy Chief of Police, dated March 24, 2010, approved for submission by the Mayor, the Council does hereby approve of the request from Windsor Capital Group, Inc to transfer ownership of a 2009 Resort B-Hotel Licensed Business (MCL 436 1531[4]) with Dance-Entertainment Permit, Official Permit (Food) and 2 bars from Nesbitt Partners Livonia Venture, Ltd (a California Limited Partnership) (Step 4), for a business located at 19525 Victor Parkway, 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 #128-10 RESOLVED, that having considered a letter from the Michigan Liquor Control Commission, dated November 25, 2009, and the report and recommendation of the Deputy Chief of Police, dated March 24, 2010, approved for submission by the Mayor, the Council does hereby approve of the request from Wal-Mart Stores East, Limited Partnership, for a new SDM License and a new Direct Connection, for a business located at 29574 Seven Mile, 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 #129-10 RESOLVED, that having considered a communication from the Mayor, dated April 9, 2010, wherein he has requested approval of the reappointment of Wayne Glass to the Livonia Plymouth Road Development Authority as a representative of the Other Tax Entity in the District representing Schoolcraft College for a four-year term expiring May 16, 2014, pursuant to Section 3 16 060 of the Livonia Code of Ordinances, as amended, and Act No 197 of the Public Acts of Michigan of 1975, as amended, the Council does hereby confirm and approve such reappointment. #130-10 RESOLVED, that having considered a communication from the Mayor, dated April 9, 2010, wherein he has requested approval of the reappointment of Scott Grace to the Livonia Plymouth Road Development Authority as a representative of the Business/Property Owner in the District for a four-year term expiring May 16, 2014, pursuant to Section 3 16 060 of the Livonia Code of Regular Meeting Minutes of April 28, 2010 37528 Ordinances, as amended, and Act No 197 of the Public Acts of Michigan of 1975, as amended, the Council does hereby confirm and approve such reappointment. #131-10 RESOLVED, that having considered a communication from the Mayor, dated April 9, 2010, wherein he has requested approval of the reappointment of John Hiltz to the Livonia Plymouth Road Development Authority as a representative of the Business/Property Owner in the District for a four-year term expiring May 16, 2014, pursuant to Section 3 16 060 of the Livonia Code of Ordinances, as amended, and Act No 197 of the Public Acts of Michigan of 1975, as amended, the Council does hereby confirm and approve such reappointment. A communication from the Director of Human Resources, dated March 23, 2010, re 401(a) Defined Contribution Plan Annual Report for 2009 as submitted by Great West Retirement Services, was received and placed on file for the information of the Council #132-10 RESOLVED, that having considered the report and recommendation of the Chief of Police, dated March 5, 2010, which bears the signature of the Director of Finance, is approved as to form by the City Attorney and approved for submission by the Mayor, the Council does hereby authorize the purchase of 4 replacement Police vehicles as follows • One (1) 2010 Dodge Charger in an amount not to exceed $22,843 00, from Slingerland Dodge, P 0 Box 1596, Owosso, Michigan 48867, through the Macomb County bid consortium, • One (1) 2010 Dodge Caravan in an amount not to exceed $22,509 00, from Slingerland Dodge, P 0 Box 1596, Owosso, Michigan 48867, through the Macomb County bid consortium, • One (1) 2010 GMC Acadia in an amount not to exceed $26,865 00, from Red Holman Pontiac, 35300 Ford Road, Westland, Michigan 48185, through the State of Michigan bid process, and • One (1) 2010 Chrysler 300 in an amount not to exceed $23,089 00, from Golling Chrysler Jeep Dodge, 2405 S Telegraph, Bloomfield Hills, Michigan 48302, through the Oakland County bid consortium, Regular Meeting Minutes of April 28, 2010 37529 all to be expended from funds already budgeted for this purpose in Account No 265-333-985-000 (State Forfeiture), FURTHER, the Council does hereby determine to authorize the said purchases without competitive bidding inasmuch as the same are based upon the low Macomb County or Oakland County consortium and/or State of Michigan bids 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, FURTHER, the Council does hereby authorize the transfer of four (4) surplus City-owned vehicles to other City departments or the disposal thereof at public auction after receipt of the new vehicles #133-10 RESOLVED, that having considered a communication from the Director of the Housing Commission, dated April 6, 2010, which bears the signature of the Director of Finance and the City Attorney and is approved for submission by the Mayor, the Council does hereby authorize the sale of the City-owned vacant lots located at 19965 Inkster Road, Parcel Numbers 46-001-04-0008-000 and 46- 001-04-0009-000, to Victoria Paschke, 19963 Inkster Road, Livonia, Michigan, an adjacent property owner, for a total cash sale price of $10,000 00, the action herein being taken in order to best serve the interests of the community; and the Director of the Housing Commission is hereby requested to do all things necessary or incidental to the full performance of this resolution, and the Director of Housing 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 #134-10 RESOLVED, that having considered a communication from the Water and Sewer Board, dated April 14, 2010, which bears the signature of the Director of Finance and is approved for submission by the Mayor, and which transmits its resolution WS 4055 04/10, wherein the Board concurred in the report and recommendation of the Assistant City Engineer, dated April 13, 2010, the Council does hereby accept the unit price bid of DiPonio & Morelli Construction Company, 2673 E Maple Road, Milford, Michigan 48381, for completing all work required in connection with the 2010 Farmington Road Sanitary Sewer Replacement and Relining Project (Contract 10-J) for the estimated total cost of $359,395 70, based on the Engineering Division's estimate of units involved, and subject to a final payment based upon the actual units completed in accordance with the unit prices accepted herein, said estimated cost and unit prices having been in fact the lowest bid received for this item, FURTHER, the Council does hereby appropriate and authorize an expenditure in the amount of $359,395 70 from the Unexpended Fund Balance of the Water and Sewer Fund (592) for this Regular Meeting Minutes of April 28, 2010 37530 purpose, FURTHER, the Council does hereby authorize an additional appropriation and expenditure in the amount of $74,100 00 for the emergency sanitary sewer repair to be paid to D'Angelo Brothers Inc , 25543 Ranchwood, Farmington Hills, Michigan 48335, from the Unexpended Fund Balance of the Water and Sewer Fund (592), FURTHER, the Council does hereby authorize an additional appropriation and expenditure in the amount of $7,100 00 for inspection/testing services to be paid to Orchard, Hiltz & McCliment, Inc., 34000 Plymouth Road, Livonia, Michigan 48150, from the Unexpended Fund Balance of the Water and Sewer Fund (592), and the City Engineer is hereby authorized to approve minor adjustments in the work as it becomes necessary; and the Mayor and City Clerk are hereby authorized, for and on behalf of the City of Livonia, to execute a contract with the aforesaid bidder (DiPonio & Morelli Construction Company) and to do all other things necessary or incidental to the full performance of this resolution #135-10 RESOLVED, that having considered a communication from the City Planning Commission, dated March 22, 2010, which transmits its resolution 03-18-2010, adopted on March 16, 2010, with regard to Petition 2010-02-02-01, submitted by Gasso Development Company, L.L.0 , on behalf of John Deere Landscapes, requesting waiver use approval to operate a contractors yard in an M-1 district on property located on the east side of Merriman Road between the railroad right-of-way and Schoolcraft Road (13580 Merriman Road), in the Northwest 1/4 of Section 26, which property is zoned M-1, the Council does hereby concur in the recommendation of the Planning Commission and Petition 2010-02-02-01 is hereby approved and granted, subject to the following conditions 1 That the Site Plan marked Sheet C 1 dated February 2, 2010, prepared by Chester Stempien Associates, is hereby approved and shall be adhered to, 2 That the outdoor storage of materials and equipment shall be limited to the hard surface areas behind the building, and in the event that any unpaved areas within the storage yard are used, these areas shall be hard surfaced with crushed rock or gravel to the satisfaction of 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, as designated on the above referenced Site Plan and shall be maintained in an orderly manner; 3 That there shall be no outdoor storage of disabled or inoperative equipment and vehicles, scrap material, debris or other similar items, Regular Meeting Minutes of April 28, 2010 37531 4 That there shall be no outdoor storage on the side of the building and any material or equipment currently being stored in this area shall be removed within one (1) month of receiving final approval by the City Council, 4b. 5 That the outdoor stacking or stockpiling of materials shall not exceed eight feet (8') in height above ground level, 6 That all landscaped and sodded areas shall be permanently maintained in a healthy condition, and 7 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 #136-10 RESOLVED, that having considered a communication from the City Planning Commission, dated April 1, 2010, which transmits its resolution 03-22-2010, adopted on March 26, 2010, with regard to Petition 2010-03-02-04, submitted by Apartment Services Company, requesting waiver use approval to operate a contractors yard in an M-1 district on property located on the north side of Glendale Avenue between Stark Road and Fairlane Avenue (34600 Glendale Avenue), in the Northwest 'A of Section 28, which property is zoned M-1, the Council does hereby concur in the recommendation of the Planning Commission and Petition 2010-03-02-04 is hereby approved and granted, subject to the following conditions 1 That the Site Plan prepared by JMK Services, as submitted to the Planning Commission on March 4, 2010, is hereby approved and shall be adhered to, 2 That the petitioner shall notify the abutting property owners about the layout and height of the fence, 3 That a land survey by an accredited surveyor shall be provided to the Inspection Department prior to the placement of the fence, 4 That the necessary permit and inspection fees for the fencing approvals be obtained from the Inspection Department; 5 That appropriate recordable legal instrumentation, such as a cross access agreement, that gives notice and outlines the terms of how the subject property(s) would share parking and 6 access, be supplied to the City; That the visitor and employee parking spaces shown on the site plan shall be double striped, including the provision of barrier Regular Meeting Minutes of April 28, 2010 37532 free parking, and all regular parking spaces shall be 10 feet by 20 feet in size as required, 7 That the outdoor storage of trailers, commercial vehicles, equipment and materials shall be limited to the designated locations as shown on the above-referenced Site Plan and shall be maintained in an orderly manner; 8 That there shall be no outdoor storage of disabled or inoperative equipment and vehicles, scrap material, debris or other similar items, 9 That the outdoor stacking or stockpiling of materials shall not exceed eight feet (8') in height above ground level, 10 That the petitioner shall comply with the following stipulation in the correspondence dated March 18, 2010, from the Engineering Department: That storage of materials should be done in a manner where storm water runoff quality is not adversely impacted by the material storage, 11 That the petitioner shall comply with the following stipulation in the correspondence dated March 17, 2010, from the Fire & Rescue Division That combustibles shall be maintained 20 feet from the building, 12. That all landscaped and sodded areas shall be permanently maintained in a healthy condition, 13 That a landscape plan shall be submitted to the Planning Department for approval, and 14 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 amendment. A roll call vote was taken on the foregoing resolutions with the following result: AYES Meakin, Laura, Toy, Brosnan, Pastor, and McCann NAYS None On a motion by Brosnan, seconded by Toy, it was Regular Meeting Minutes of April 28, 2010 37533 #137-10 RESOLVED, THAT WHEREAS, under the provisions of Title I of the Housing and Community Development Act of 1974, as amended, the Secretary of Housing and Urban Development is authorized to make grants to units of local government to help finance community development programs, and WHEREAS, the primary objective of such Act is the development of viable urban communities by providing decent housing and suitable living environment and expanding economic opportunities, principally for persons of low and moderate income, and WHEREAS, to obtain its Fiscal Year 2010-2011 entitlement funds under the Community Development Block Grant Program as authorized by the Housing Community Development Act of 1974, the City of Livonia must submit a statement of Community Development Objectives and Project Use of Funds, satisfactory assurances that the Program will be conducted and administered in accordance with appropriate federal and state laws and Department of Housing and Urban Development regulations, and satisfactory assurances that, prior to submission of its Final Statement of Community Development Objectives and Projected Use of Funds, it has (A) provided citizens with adequate information concerning the amount of funds available for proposed community development and housing activities, the range of activities that may be undertaken, the estimated amount of those funds proposed to be used for activities that will benefit low and moderate income persons, and other important program requirements, (B) held a public hearing to obtain the views of citizens on community development and housing needs, and (C) provided citizens an adequate opportunity to examine the content of and to submit comments on the proposed Statement of Community Development Objectives and Projected Use of Funds NOW, THEREFORE, BE IT RESOLVED, by the City Council of Livonia, Michigan, that the Final Statement of Community Development Objectives and Projected Use of Funds for the Fiscal Year 2010-2011 Community Development Block Grant Program is hereby approved and shall be submitted to the Department of Housing and Urban Development; FURTHER, the Director of Housing, Mayor and City Clerk shall have the authority to execute the sub-recipient contracts 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 Regular Meeting Minutes of April 28, 2010 37534 On a motion by Toy, seconded by Brosnan, it was #138-10 RESOLVED, that having considered the report and recommendation of the Director of the Housing Commission, dated March 24, 2010, which bears the signature of the Director of Finance and is approved for submission by the Mayor, and to which is attached proposed Hold Harmless Contracts between the City of Livonia and First Step, Fair Housing Center of Metropolitan Detroit, Jacque Martin- Downs, MA/MSW, St. John Health System/Eastwood Clinics, John V Farrar, ED D, LPC, Hegira Programs, Inc , Madonna University; and Quality Care Counseling for the period July 1, 2010, through June 30, 2011, in connection with the CDBG-Funded Victim Assistance, Fair Housing Initiative and Mental Health Counseling Programs, the Council does hereby authorize the Mayor, City Clerk and Housing Director, for and on behalf of the City of Livonia, to execute the Hold Harmless Contracts 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 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 Brosnan, seconded by Meakin, it was #139-10 RESOLVED, that having considered a letter from the Director of the Housing Commission, dated April 1, 2010, which bears the signature of the Director of Finance and is approved for submission by the Mayor, the Council does hereby authorize the Livonia Housing Commission to acquire three (3) Fannie Mae foreclosed properties for the appraisal price less a 1% discount for a total purchase price of $101,580 00 ($33,280 00 for 20108 Antago, $23,750 00 for 19320 Brentwood and $44,550 00 for 20215 Floral) from funds budgeted in the Neighborhood Stabilization Program Account No 256-900-975-000 (Capital Outlay - Building) for this purpose, FURTHER, the Council does hereby authorize an expenditure in an amount not to exceed $7,000 00 per property for estimated closing costs from the Neighborhood Stabilization Program Account No 256-900-975-000 (Capital Outlay - Building) for this purpose, and the Director of the Housing Commission 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 resolution with the following result: Regular Meeting Minutes of April 28, 2010 37535 AYES Meakin, Toy, Brosnan, Pastor, and McCann NAYS Laura The President declared the resolution adopted Toy gave first reading to the following Ordinance AN ORDINANCE AMENDING SECTION 23 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 2009-11-01-03) 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 Planning Commission, dated March 25, 2010, re acknowledging receipt of a valid protest with respect to petition submitted by McLaren Performance Technologies, was received and placed on file for the information of the Council (Petition 2009-11-01-02) A communication from McLaren Performance Technologies, dated April 21, 2010, re submitting a Conditional Rezoning Agreement and Statement of Voluntary Conditions, was received and placed on file for the information of the Council (Petition 2009-11-01-02) A petition signed by five (5) surrounding McLaren property owners, received in the Office of the Clerk on April 27, 2010, withdrawing their formal protest of petition submitted by McLaren Performance Technologies, was received and placed on file for the information of the Council (Petition 2009-11-01-02) Regular Meeting Minutes of April 28, 2010 37536 A communication from the Department of Law, dated April 27, 2010, re amended proposed Ordinance Amendment incorporating the Conditional Rezoning Agreement with McLaren Performance Technologies, was received and placed on file for the information of the Council (Petition 2009-11-01-02) A communication from the Planning Commission, dated April 27, 2010, re advising Council a valid protest no longer exists with regard to petition submitted by McLaren Performance Technologies, 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 Meakin invoked the Emergency Clause and gave second reading to the foregoing Ordinance and a roll call vote was taken thereon with the following result: AYES Meakin, Laura, Toy, Brosnan, Pastor, and McCann NAYS None The President declared the foregoing Ordinance duly adopted, and would become effective on publication Brosnan took from the table, for second reading and adoption, the following Ordinance Regular Meeting Minutes of April 28, 2010 37537 AN ORDINANCE AMENDING SECTION 140 OF TITLE 3, CHAPTER 04 (FINANCIAL PROCEDURES) OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED A roll call vote was taken on the foregoing Ordinance with the following result: AYES Meakin, Laura, Toy, Brosnan, Pastor, and McCann NAYS None The President declared the foregoing Ordinance duly adopted, and would become effective on publication. On a motion by Brosnan, seconded by Meakin, and unanimously adopted, it was #140-10 RESOLVED, that having considered the report and recommendation of the Infrastructure and Community Transit Committee, dated March 22, 2010, submitted pursuant to Council Resolution 49-10, regarding the subject of the Qualification-Based Selection (QBS) process for future proposals relating to professional engineering consulting services, the Council does hereby approve the Engineering Department's request to proceed with the QBS process for selection of professional services as submitted On a motion by Toy, seconded by Pastor, it was #141-10 RESOLVED, that having considered a letter from Wayne and Billie Roberts, dated April 6, 2010, requesting a waiver of the sidewalk requirement in front of their newly constructed home located at 14401 Henry Ruff, and the report and recommendation of the City Engineer, dated April 7, 2010, approved for submission by the Mayor, in connection therewith, the Council does hereby approve this request inasmuch as omitting the sidewalk on the subject property would have no detrimental effect upon the neighboring properties at this time due to the lack of public sidewalks existing on the west side of Henry Ruff south of Lyndon Avenue as indicated in the request; FURTHER, the Council does hereby reserve the right to require sidewalks at this location in the event that additional sidewalks are installed in this area at some future date A roll call vote was taken on the foregoing resolution with the following result: AYES Meakin, Laura, Toy, Brosnan, and Pastor NAYS McCann Regular Meeting Minutes of April 28, 2010 37538 The President declared the resolution adopted On a motion by Brosnan, seconded by Toy, it was #1.1. RESOLVED, that having considered a communication from the Human Resources Director, dated March 26, 2010, which bears the signature of the Director of Finance and is approved for submission by the Mayor, and which sets forth Civil Service Commission Resolution 10-305, adopted on March 17, 2010, wherein the Commission recommended that changes be made to wages, classifications and qualifications for various Parks and Recreation classifications, and a communication from the Superintendent of Parks and Recreation, dated March 9, 2010, which sets forth Parks and Recreation Commission Resolution 3144-10, adopted on March 5, 2010, the Council does hereby concur in the recommendation of the Civil Service Commission and does hereby approve such changes, effective June 5, 2010 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 A communication from the Engineering Division, dated April 22, 2010, re action other cities have taken regarding participation in the Wayne County Final Order of Abatement Project, was received and placed on file for the information of the Council On a motion by Toy, seconded by Brosnan, and unanimously adopted, it was #143-10 RESOLVED, that having considered a communication from the Water and Sewer Board, dated April 8, 2010, which bears the signature of the Director of Finance and is approved for submission by the Mayor, and which transmits its resolution WS 4042 3/10, wherein the Board concurred in the report and recommendation of the Assistant City Engineer, dated February 26, 2010, the Council does hereby authorize participation in a Sanitary Manhole Rehabilitation Project to be done by the Wayne County Department of Public Services, Water Quality Management Division, 415 Clifford, 7th Floor, Detroit, Michigan 48226, FURTHER, the Council does hereby authorize an appropriation Regular Meeting Minutes of April 28, 2010 37539 and expenditure in an amount not to exceed $83,805 00 from funds budgeted in Account No 592-158-000 (Water and Sewer Fund - Construction in Progress) for this purpose, and the City Engineer is hereby authorized to approve minor adjustments in the work as it becomes necessary A communication from the Engineering Division, dated April 23, 2010, re submitting the Statement of Qualifications for K & B Asphalt Sealcoating Inc. and Michigan Joint Sealing, Inc., was received and placed on file for the information of the Council On a motion by Pastor, seconded by Meakin, and unanimously adopted, it was #144-10 RESOLVED, that having considered the report and recommendation of the City Engineer, dated March 29, 2010, which bears the signature of the Director of Finance, is approved by the Director of Public Works and is approved for submission by the Mayor, the Council does hereby accept the unit price bid of Michigan Joint Sealing, Inc , 28830 W Eight Mile, Suite 103, Farmington Hills, Michigan 48336, for completing all work required in connection with the 2010 Pavement Crack and Joint Sealing Program (Contract 10-D) for the estimated total cost of $151,000 00; FURTHER, the Council does hereby authorize an expenditure in the amount of $121,000 00 from funds already budgeted in Account No 203-463-818-117 (Local Roads) and in the amount of $30,000 00 from funds already budgeted in Account No 202-463-818-117 (Major Roads) for this purpose, FURTHER, the foregoing amounts are based upon the Engineering Division's estimate of units involved, and are subject to final payments based upon the actual units completed in accordance with the unit prices accepted herein, the Council having determined to accept such unit price bid in lieu of the low bid for the reasons outlined in the aforementioned report and recommendation, and the City Engineer is hereby authorized to approve minor adjustments 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, FURTHER, the bid of K & B Asphalt Sealcoating, Inc is hereby rejected for the reasons indicated in the aforesaid communication Pastor stepped down from the podium at 8 44 p m to avoid a perceived conflict of interest. Regular Meeting Minutes of April 28, 2010 37540 On a motion by Toy, seconded by Brosnan, and unanimously adopted, it was #145-10 RESOLVED, that having considered a communication from the City Planning Commission, dated March 22, 2010, which transmits its resolution 03-19-2010, adopted on March 16, 2010, with regard to Petition 2010-02-02-02, submitted by Dortch Enterprises, L.L.0 , requesting waiver use approval to construct and operate a drive-in restaurant with drive-up window facilities (Sonic Drive-In Restaurant) on property located on the south side of Seven Mile Road between Middlebelt Road and Maplewood Avenue (29155 Seven Mile Road), in the Northwest 1/4 of Section 12, which property is zoned C-2, the Council does hereby concur in the recommendation of the Planning Commission and Petition 2010-02-02-02 is hereby approved and granted, subject to the following conditions 1 That the Site Plan marked Sheet No C2 dated March 11, 2010, as revised, prepared by Creekwood Architecture, Inc , is hereby approved and shall be adhered to, 2 That appropriate recordable legal instrumentation, such as a Cross Parking Agreement, that gives notice and outlines the terms of how the subject property(s) would share parking and access, be supplied to the City; 3 That the Landscape Plans marked Sheet No L1 dated March 11, 2010, as revised, prepared by Creekwood Architecture, Inc , is hereby approved and shall be adhered to, 4 That all disturbed lawn areas shall be sodded in lieu of hydroseeding, 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 the Exterior Building Elevations Plan marked Sheet No A2 0 dated March 8, 2010, prepared by Creekwood Architecture, Inc , is hereby approved and shall be adhered to, 7 That the brick used in the construction shall be full face four inch (4") brick, 8 That all rooftop mechanical equipment shall be concealed from public view on all sides by screening that shall be of a Regular Meeting Minutes of April 28, 2010 37541 compatible character, material and color to other exterior materials on the building, 9 That the walls of the dumpster enclosure shall be constructed out of the same brick used in the construction of the building or in the event a poured wall is substituted, the wall's design, texture and color shall match that of the building and the enclosure gates shall be of solid panel steel construction or durable, long-lasting solid panel fiberglass and maintained and when not in use closed at all times, 10 That the maximum customer seating count shall not exceed a total of twenty-eight (28) seats, 11 That two (2) parking spaces beyond the drive-up window shall be designed for use of drive-up window patrons, unless this requirement is modified by the City Council by means of a separate resolution by which two-thirds of the members of the City Council concur; 12 That a trash receptacle shall be provided for the outdoor patio area and shall be emptied regularly as needed, 13 That the traffic lane serving the drive-up service facility shall be at least twelve feet (12') in width, unless this requirement is modified by the City Council by means of a separate resolution by which two-thirds of the members of the City Council concur; 14 That only conforming signage is approved with this petition, and any additional signage shall be separately submitted for review and approval by the Planning Commission, City Council and Zoning Board of Appeals, 15 That all outdoor speakers shall be adjustable, 16 That trash pickup shall not occur between the hours of 10 00 p m and 8 00 a m , 17 That the hours of operations of the walk-up ordering window and drive-up window shall be limited to no later than midnight on Sunday through Thursday and no later than 2 00 a m on Friday and Saturday; 18 That the petitioner shall correct to the Inspection Department's satisfaction the stipulations contained in the correspondence dated March 4, 2010, Regular Meeting Minutes of April 28, 2010 37542 19 That the petitioner shall correct to the Engineering Department's satisfaction the stipulations contained in the correspondence dated March 2, 2010, 20 That the protective screen wall along the south property line shall be at least five feet (5') in height; 21 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; and 22 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 the City Council, and unless a building permit is obtained and construction is commenced, this approval shall be null and void at the expiration of said period On a motion by Meakin, seconded by Toy, it was RESOLVED, that having considered a communication from the City Planning Commission, dated March 22, 2010, which transmits its resolution 03-19-2010, adopted on March 16, 2010, with regard to Petition 2010-02-02-02, submitted by Dortch Enterprises, L.L.0 , requesting waiver use approval to construct and operate a drive-in restaurant with drive-up window facilities (Sonic Drive-In Restaurant) on property located on the south side of Seven Mile Road between Middlebelt Road and Maplewood Avenue (29155 Seven Mile Road), in the Northwest 1/4 of Section 12, which property is zoned C-2, the Council does hereby waive the requirement that at least two (2) parking spaces beyond the drive-up window be designed for use by drive-up window patrons set forth in Section 11 03(c)(1)a5 of Zoning Ordinance No 543, as amended, in connection with the approval of waiver use Petition 2010-02-02-02 Meakin and Toy withdrew their motions on the foregoing resolution On a motion by Meakin, seconded by Toy, it was #146-10 RESOLVED, that having considered a communication from the City Planning Commission, dated March 22, 2010, which transmits its resolution 03-19-2010, adopted on March 16, 2010, with regard to Petition 2010-02-02-02, submitted by Dortch Enterprises, L.L.0 , requesting waiver use approval to construct and operate a drive-in restaurant with drive-up window facilities (Sonic Drive-In Restaurant) on property located on the south side of Seven Mile Road between Middlebelt Road and Maplewood Avenue (29155 Seven Mile Road), in the Northwest 1/4 of Section 12, which property is zoned C-2, Regular Meeting Minutes of April 28, 2010 37543 the Council does hereby waive the twelve (12) feet width requirement for the traffic lane serving the drive-up service facility set forth in Section 11 03(c)(1)a2 of Zoning Ordinance No 543, as amended, in connection with the approval of waiver use Petition 2010-02-02-02. A roll call vote was taken on the foregoing resolution with the following result: AYES Meakin, Laura, Toy, Brosnan, and McCann NAYS None The President declared the resolution adopted A communication from Steven Cohen, Burton Hollow Plaza, Palm Beach Gardens, FL, dated April 22, 2010, re property maintenance issues for shopping plaza located at Northeast corner of Farmington Road and Six Mile Road, was received and placed on file for the information of the Council (Petition 2010-03- 02-05) it was On a motion by Toy, seconded by Meakin, and unanimously adopted, #147-10 RESOLVED, that having considered a communication from the City Planning Commission, dated April 1, 2010, which transmits its resolution 03-23-2010, adopted on March 30, 2010, with regard to Petition 2010-03-02-05, submitted by Brad Turowski, requesting waiver use approval to operate a limited service restaurant (Subway) on property located on the east side of Farmington Road between Six Mile Road and Curtis Avenue (17134 Farmington Road), in the Southwest 1/4 of Section 10, which property is zoned C-1, the Council does hereby concur in the recommendation of the Planning Commission and Petition 2010-03-02-05 is hereby approved and granted, subject to the following conditions 1 That the maximum customer seating count shall not exceed 30 seats in accordance with the Floor Plan marked Store Concept submitted by Brad Turowski, dated December 18, 2009; 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, Regular Meeting Minutes of April 28, 2010 37544 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 the specific plan referenced in this approving resolution shall be submitted to the Inspection Department at the time of application for building permits, 5 That pot holes in rear of the center shall be repaired by no later than May 31, 2010, 6 That miscellaneous excess trash that has accumulated or been dumped in the rear of the center shall be clean up by no later than May 31, 2010, 7 That spring clean up, including lawn cutting and weed maintenance is ongoing and shall be completed by no later than May 31, 2010; 8 That the parking lot and be sealcoated and restriped by no later than June 30, 2010; 9 That panels and posts on the south section of the rear barrier wall on the eastern property line shall be repaired by no later than August 31, 2010, and 10 That parking lot poles, under canopy steel posts, T-111 post, and entire façade shall be painted by no later than August 31, 2010 Pastor returned to the podium at 8 52 p m On a motion by Meakin, seconded by Toy, and unanimously adopted, it was #148-10 RESOLVED, that having considered a communication from the Department of Law, dated March 30, 2010, approved for submission by the Mayor, transmitting for Council acceptance a Grant of Easement executed by Marsha Adams in connection with the development of a new storm sewer being constructed at 11925 Stark in the South 1/2 of Section 28, more particularly described as 12' Storm Sewer Easement = A 12 foot wide easement for storm sewer and surface drainage over part of Lot 75, "Alden Village", being part of the South 1/2 of Section 28, Town 1 South, Range 9 East, City of Livonia, Wayne County, Michigan Regular Meeting Minutes of April 28, 2010 37545 as recorded in Liber 66 of Plats, Page 78, Wayne County Records, the centerline of said easement being more particularly described as, commencing at a point of the Southerly line of said Lot 74, distant North 65° 53' 40" West 145 92 feet from the Southeasterly corner of Amp Lot 74, thence North 10° 51' 00" East 102.74 feet; to the point of beginning, thence North 10° 51' 00" East 90 69 feet to the point of ending the Council does hereby, for and on behalf of the City of Livonia, accept the aforesaid Grant of Easement 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 On a motion by Meakin, seconded by Brosnan, and unanimously adopted, it was #149-10 RESOLVED, that having considered a communication from the Department of Law, dated March 30, 2010, approved for submission by the Mayor, transmitting for Council acceptance a Grant of Easement executed by Michael and Dawn Nowak in connection with the development of a new storm sewer being constructed at 36463 Ann Arbor Trail in the Southwest % of Section 32, more particularly L. described as 12' Storm Sewer Easement A 12 foot wide easement for storm sewer and surface drainage over part of Lot 752, Supervisor's Livonia Plat No 12, being part of the Southwest 1/4 of Section 32, Town 1 South, Range 9 East, City of Livonia, Wayne County, Michigan as recorded in Liber 66 of Plats, Page 65, Wayne County Records, the centerline of said easement being more particularly described as, commencing at a point on the Southeasterly line of said Lot 752, distance South 45° 12' 20" West 230 59 feet from the Northeasterly corner of Lot 752, thence North 48° 23' 55" West 81 55 feet to the point of beginning, thence North 48° 23' 55" West 81 22 feet to the point of ending the Council does hereby, for and on behalf of the City of Livonia, accept the aforesaid Grant of Easement 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 communication from the Department of Law, dated April 27, 2010, re submitting a correction to the legal description for the property to be leased by Regular Meeting Minutes of April 28, 2010 37546 Schoolcraft Community College for the construction of a Public Safety Training Campus, was received and placed on file for the information of the Council (CR 85- 10) On a motion by Toy, seconded by Brosnan, and unanimously adopted, it was #150-10 RESOLVED, that having considered communications from the Department of Law, dated April 19, 2010, and April 23, 2010, approved for submission by the Mayor, wherein it is requested that Council Resolution 85-10 be amended to incorporate the legal description of the property, the Council does hereby amend and revise Council Resolution 85-10 so as to read as follows RESOLVED, that having considered the report and recommendation of the Capital Improvement, Natural Resources and Waste Management Committee, dated March 1, 2010, submitted pursuant to Council Resolution No 50-10, and a communication from the Department of Law, dated January 25, 2010, approved for submission by the Mayor, to which is attached a proposed Ground Lease Agreement between Schoolcraft Community College and the City of Livonia for City- owned property on Glendale Avenue for the construction of a Public Safety Training Campus, said property being more fully described as Proposed Fire Training Center (Parcel A) A parcel of land located in the North 1/2 of Section 27, T. 1 S, R. 9 E., City of Livonia, Wayne County, Michigan more particularly described as: Commencing at the center of said Section 27, thence N 00°06'20" E. 3.81 feet along the North-South 1/4 line of said Section 27 to a property controlling corner; thence continuing on said 1/4 line N 00°06'20" E. 49.50 feet to the point of beginning; thence N. 89°12'30" W. 548.12 feet; thence N 00°20'30" E. 245.23 feet; thence S 75°15'17" E. 128.88 feet; thence N 79°49'13" E. 48.54 feet; thence S. 89°12'30" E. 334 03 feet; thence N 70°10'52" E. 104.08 feet; thence S. 00°06'20" W. 259 78 feet; thence N 89°28'33" W. 57 24 feet to the point of beginning containing 3 16 acres more or less. Being subject to easements and restrictions of record Proposed Driving Course (Parcel B) Part of the NE 1/4 of Section 27, T 1 S, R. 9 E., City of Livonia, Wayne County, Michigan more particularly described as Commencing at Regular Meeting Minutes of April 28, 2010 37547 the center of said Section 27; thence N. 00°06'20" E. 3.81 feet along the North-South 1/4 line of said Section 27 to a property controlling corner; thence continuing on said 1/4 line N. 00°06'20" E. 49.50 feet to the northerly right of way line of the Chesapeake and Ohio Railroad (99 feet wide); thence along said northerly right of way S 89°28'33" E. 143.00; thence N. 00°06'20" E. 1214.40 feet, (1214.71 feet record); thence S. 89°20'01" E. 200 02 feet, (S 89°22'10" E. 200.00 feet record), thence N. 00°06'20" E. 65.64 feet, (65.00 feet record); thence along the south line and its westerly extension of "Livonia Executive Park Sub. No. 1" recorded in Liber 102, Page 68, Wayne County Records S 89°22'47" E. 595.90 feet to the point of beginning; thence from said point of beginning and continuing on said south sub line S 89°22'47" E. 745.00 feet; thence S. 00°07'48" E. 782.66 feet, (S 00°07'30" E. 781 06 feet record), thence along the north line of "Paragon Technology Park Sub'n." recorded in Liber 102, Page 59, Wayne County Records N 89°28'03" W 745.00 feet thence N. 00°07'44" W. 783.80 feet to the point of beginning containing 13 39 acres more or less, being subject to easements and restrictions of record the Council does hereby authorize the Mayor and City Clerk, for and on behalf of the City of Livonia, to execute the Ground Lease Agreement, as well as to do all other things necessary or incidental to the full performance of this resolution There was no Audience Communication at the end of the meeting Toy congratulated Terry Marecki on her recent appointment by Council to fill the vacant City Clerk position and indicated Ms. Marecki grew up in Livonia, was a Bentley High School graduate, has served on the Livonia School Board, and most recently served on City Council. Toy wished Ms Marecki well in her new role as City Clerk. On a motion by Toy, seconded by Brosnan, and unanimously adopted, this 1,655th Regular Meeting of the Council of the City of Livonia was adjourned at 855 p m ' I iTe0z-a A. Marecki, City Clerk