HomeMy WebLinkAboutCOUNCIL MINUTES 2010-05-26 37566
MINUTES OF THE ONE THOUSAND SIX HUNDRED FIFTY SEVENTH
REGULAR MEETING OF MAY 26, 2010
On May 26, 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 Brosnan led the meeting with an invocation
Roll was called with the following result: Maureen Miller Brosnan,
Conrad Schwartz, John Pastor, Brian Meakin, Joe Laura, Laura Toy, and James
McCann Absent: None
Elected and appointed officials present. Todd Zilincik, City Engineer;
Karen Tesner, Director of Legislative Affairs, Mark Taormina, City Planner; Don
Knapp, City Attorney; Terry A. Marecki, City Clerk, Gerald Taylor, former
Councilmember; and Mayor Jack Kirksey
On a motion by Pastor, seconded by Brosnan, it was
#174-10 RESOLVED, that the Minutes of the 1,656th Regular
Meeting of the Council held May 12, 2010, are hereby approved as
submitted
A roll call vote was taken on the foregoing resolution with the following result:
AYES Brosnan, Pastor, Meakin, Laura, Toy, and McCann
NAYS None
PRESENT Schwartz.
The President declared the resolution adopted
Brosnan thanked the Livonia Fire Department, Livonia Firefighters
Union and the Redford Township Firefighters Union for presenting "Fire Ops"
training a few weeks ago for elected officials Brosnan stated the training program is
hosted statewide with the sole purpose of training elected officials on how to keep a
community safe Brosnan concluded the training also included an extrication team
of Livonia Firefighters and thanked both communities for inviting Council members to
participate in the training program
Regular Meeting Minutes of May 26, 2010 37567
Meakin wished a Happy Birthday to his son, Brendan, and indicated
his son will turn 12 years old on May 31st Meakin also wished his wife, Colleen, a
Happy Birthday and stated she will celebrate her birthday on May 28th
Pastor also wished a Happy Birthday to Colleen Meakin and extended
congratulations to his nephew, Alex, who beat the record for running a mile at
Clarenceville Middle School and indicated Alex ran the mile in five minutes and eight
seconds
Mayor Kirksey addressed Council to announce the City Newsletters
will be mailed out shortly to approximately 45,000 homes and businesses in Livonia
Mayor Kirksey stated the Newsletter contains a wealth of useful information for
residents and stated although it is now being printed on glossy paper in color with
many photographs, the expense for printing the City Newsletters has actually
decreased
President McCann invited residents to attend the City of Livonia's
Memorial Day Celebration scheduled for Saturday, May 29, 2010, at 9.00 a m at
Veterans Memorial Park located at the corner of Farmington Road and Five Mile
Road and stated the Churchill High School Wind Ensemble will perform at the event.
President McCann stated the purpose of the ceremony is to pay homage to military
personnel who have served and are presently serving our country
During Audience Communication, Corey O'Donohue, 17296
Woodside, addressed Council to obtain permission to close Woodisde between
Westbrook and Vargo, on Sunday, June 6, 2010, from 12 00 p m to 9 00 p m , for
the purpose of hosting a graduation party
A communication from Corey O'Donohue, 17296 Woodside, dated
May 17, 2010, re requesting permission to close Woodside between Westbrook and
Vargo to host a graduation party on Sunday, June 6, 2010, was received and placed
on file for the information of the Council
On a motion by Meakin, seconded by Laura, and unanimously
adopted, it was
#175-10 RESOLVED, that having considered an application from
Corey O'Donohue, 17296 Woodside, dated May 17, 2010, requesting
permission to close Woodside between Westbrook and Vargo on
Sunday, June 6, 2010, from 12 00 p m to 9 00 p m for the purpose of
conducting a graduation party, the Council does hereby grant
permission as requested, the action taken herein being made subject
to the approval of the Police Department.
Regular Meeting Minutes of May 26, 2010 37568
A communication from the Department of Finance, dated April 20,
2010, re forwarding various financial statements of the City of Livonia for the month
ending March 31, 2010, was received and placed on file for the information of the
Council
On a motion by Brosnan, seconded by Laura, it was
#176-10 RESOLVED, that having considered an application from
Patricia Holcomb, 12387 Cavell, dated April 27, 2010, requesting
permission to close Cavell between Grantland and Capitol on Sunday,
July 4, 2010, from 10 00 am to 1000 pm for the purpose of
conducting a block party, the Council does hereby grant permission as
requested, the action taken herein being made subject to the approval
of the Police Department.
#177-10 RESOLVED, that having considered an application from
Doug Kieselbach, 31243 Minton, dated May 3, 2010, requesting
permission to close Minton between Merriman and Sunset on
Saturday, July 17, 2010, from 2 00 p m to 1000 p m for the purpose
of conducting a block party, the Council does hereby grant permission
as requested, the action taken herein being made subject to the
approval of the Police Department.
#178-10 RESOLVED, that having considered an application from
Jeff Shingler, 28652 Grandon, dated May 5, 2010, requesting
permission to close Grandon between Harrison and Brentwood on
Saturday, June 19, 2010, from 3 00 p m to 10 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, June 20, 2010, in the event of inclement weather, the action
taken herein being made subject to the approval of the Police
Department.
#179-10 RESOLVED, that having considered a letter from Kim
Robinson, dated May 3, 2010, which requests permission to waive
Section 8 32 070 (Noise Control) of the Livonia Code of Ordinances,
as amended, to allow a low volume sound system to be used at Rotary
Park Pavilions 1 and 2 from approximately 8 00 a m until 12 00 p m in
connection with an annual meeting for Blue Cross Blue Shield of
Michigan scheduled for Friday, September 17, 2010, the Council does
hereby determine to waive Section 8 32 070 (Noise Control) of the
Livonia Code of Ordinances between the hours of 8 00 a m and 1200.
p m in connection with this event to be held on Friday, September 17,
2010
Regular Meeting Minutes of May 26, 2010 37569
#180-10 RESOLVED, that having considered a letter from the
Michigan Liquor Control Commission, dated February 24, 2010, and
the report and recommendation of the Chief of Police, dated April 28,
2010, approved for submission by the Mayor, the Council does hereby
approve of the request from Star Supermarket, Inc to add space to
include 13973 Middlebelt to a 2009 SDD and SDM licensed business,
for a business located at 13971 Middlebelt, Livonia, Michigan 48154,
Wayne County; and the City Clerk is hereby requested to forward a
certified copy of this resolution to the Michigan Liquor Control
Commission
#181-10 RESOLVED, that having considered a letter from F
William Luethge, Tax Counsel for Ford Motor Company, dated April 28,
2010, requesting an extension of time to complete the capacity
expansion of the 6-speed automatic transmission (6R80) at the Livonia
Transmission Plant located at 36200 Plymouth Road, Livonia,
Michigan 48150, pursuant to Industrial Facilities Exemption Certificate
No 2008-527, the Council does hereby approve this request and the
revised estimated completion date of this project shall be December
31, 2011
#182-10 RESOLVED, that having considered a communication
from the Mayor, dated May 10, 2010, the Council does hereby approve
of and concur in the reappointment of Gerald Taylor, 36734
Sunnydale, Livonia, Michigan 48154, to the City Planning Commission
for a term of three years, which will expire on June 9, 2013
A communication from the Plymouth Road Development Authority
(PRDA), dated May 5, 2010, re Annual Report for Fiscal Year ending November 30,
2009, was received and placed on file for the information of the Council
#183-10 RESOLVED, that having considered a communication
from the City Clerk, dated May 3, 2010, regarding the establishment of
one or more Receiving Boards to administer any upcoming election
scheduled in the jurisdiction, the Council does hereby provide that at
any election in the City of Livonia at which ballots are counted and
certified at the precinct, one or more additional Boards of Election
Inspectors may be appointed to serve as Receiving Boards pursuant to
MCL 168 679a
#184-10 RESOLVED, that having considered a communication
from the Superintendent of Public Service - Municipal Services and the
Director of Public Works, dated April 30, 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
accept the proposal submitted by North American Communications
Regular Meeting Minutes of May 26, 2010 37570
Resource Inc (NACR), 50595 Glades Court East, Novi, Michigan
48374, for a telecommunications system upgrade for various City
facilities in the total amount of $191,404 23, FURTHER, the Council
does hereby authorize an additional expenditure in an amount not to
exceed $15,000 00 for data network upgrades to accommodate the
telecommunications system upgrade, FURTHER, the Council does
hereby authorize an expenditure in the amount of $206,404 23 from
funds already budgeted for this purpose in the following accounts
$140,000 00 from Account No 401-000-987-010 (Capital Projects —
Telephone System), $26,404 23 from Account No 401-000-987-000
(Capital Outlay - Other Equipment) and $40,000 00 from the
Courthouse Construction Fund for this purpose, FURTHER, the
Council does hereby authorize an additional appropriation and
expenditure in the amount of $90,008 73 for a three (3) year
Maintenance Agreement from Account No 101-263-853-000 (Phone
Utility), and the Mayor and City Clerk are hereby authorized to execute
a contract for and on behalf of the City Livonia with the aforesaid
company and to do all other things necessary or incidental to the full
performance of this resolution, FURTHER, the Council does hereby
authorize the action herein without competitive bidding in accordance
with Section 3 04 140 D 4 of the Livonia Code of Ordinances, as
amended
#185-10 RESOLVED, that having considered a communication
from the City Planning Commission, dated May 12, 2010, which
transmits its resolution 05-29-2010, adopted on May 11, 2010, with
regard to Petition 2010-04-02-07, submitted by B.A.0 Holdings
requesting waiver use approval to operate a full service restaurant
(Five Guys Burgers and Fries) on property located within Wonderland
Village on the south side of Plymouth Road, between Middlebelt Road
and Milburn Avenue (29491 Plymouth Road), in the Northeast 1/4 of
Section 35, which property is zoned C-2, the Council does hereby
concur in the recommendation made by the City Planning Commission
and Petition 2010-04-02-07 is hereby approved and granted, subject to
the following conditions
1 That the maximum customer seating count shall not exceed 88
seats in accordance with the Floor Plan marked Partition Floor
Plan prepared by Guide Architects, Inc , as received by the
Planning Commission on April 13, 2010,
2 That only conforming signage is approved with this petition, and
any additional signage shall be separately submitted for review
and approval by the Zoning Board of Appeals,
3 That no LED lightband or exposed neon shall be permitted on
the site including, but not limited to, the building or around the
windows,
Regular Meeting Minutes of May 26, 2010 37571
4 That any exterior grease container be located and fully enclosed
within the dumpster enclosure at the rear of the building, and be
maintained in a safe and sanitary condition at all times, and
5 That the specific plan referenced in this approving resolution
shall be submitted to the Inspection Department at the time of
application for the building permits
A roll call vote was taken on the foregoing resolutions with the following result:
AYES Brosnan, Schwartz, Pastor, Meakin, Laura, Toy,
and McCann
NAYS None
A communication from the Division of Police, dated May 21, 2010, re
objecting to the barricading of various streets on the evening of SPREE fireworks,
was received and placed on file for the information of the Council
A communication from Livonia Fire & Rescue, dated May 25, 2010, re
objecting to the barricading of various streets on the evening of SPREE fireworks,
was received and placed on file for the information of the Council
On a motion by Meakin, seconded by Schwartz, it was
RESOLVED, that having considered an application from
Nancy Klein, 33373 Myrna Court, dated May 4, 2010, requesting
permission to close Myrna Court, Woodring Court, Hampshire Road
and Westmore Court on Sunday, June 27, 2010, from 6 00 p m to
1000 pm for the purpose of conducting a block party, the Council
does hereby deny this request.
Meakin and Schwartz withdrew their motions on the foregoing resolution
On a motion by Toy, seconded by Meakin, and unanimously adopted,
it was
#186-10 RESOLVED, that having considered an application from
Nancy Klein, 33373 Myrna Court, dated May 4, 2010, requesting
permission to close various streets on Sunday, June 27, 2010, from
6 00 p m to 10 00 p m for the purpose of conducting a block party, the
Council does hereby grant permission to close Myrna at Farmington
Regular Meeting Minutes of May 26, 2010 37572
Road only, the action taken herein being made subject to the approval
of the Police Department.
Doris Nowicki, 33185 Broadmoor Court, addressed Council to speak in favor of
closing various streets on Sunday, June 27, 2010, for the purpose of conducting
block parties and hosting an ice cream social during the SPREE fireworks
A communication from the Division of Police, dated May 21, 2010, re
objecting to the barricading of various streets on the evening of SPREE fireworks,
was received and placed on file for the information of the Council
A communication from Livonia Fire & Rescue, dated May 25, 2010, re
objecting to the barricading of various streets on the evening of SPREE fireworks,
was received and placed on file for the information of the Council
On a motion by Schwartz, seconded by Meakin, and unanimously
adopted, it was
#187-10 RESOLVED, that having considered an application from
Doris Nowicki, 33185 Broadmoor Court, dated May 4, 2010, requesting
permission to close Woodring Drive, Broadmoor Court and Shadyside
Drive on Sunday, June 27, 2010, from 6 00 p m to 10 00 p m for the
purpose of conducting a block party, the Council does hereby deny this
request.
On a motion by Brosnan, seconded by Schwartz, and unanimously
adopted, it was
#188-10 WHEREAS pursuant to P.A. 198 of 1974, as amended,
after a duly noticed public hearing, the City Council of the City of
Livonia, established Livonia Industrial Development Overlay District
No 111, on December 19, 2006, for property at 13753 Otterson Court,
thereby creating an "eligible district" for purposes of Act 328 of 1998,
as amended (the "Act"), and
WHEREAS Wahler Automotive Systems, Inc , a Michigan corporation
and an eligible business under the Act, has filed an Application for
Exemption of New Personal Property to be located in the referenced
eligible district; and
WHEREAS before acting upon said Application the City Council of the
City of Livonia held a public hearing on the 17th day of May, 2010, at
Regular Meeting Minutes of May 26, 2010 37573
7 00 p m in Livonia City Hall at 33000 Civic Center Drive, Livonia,
Michigan, at which the Applicant, City Assessor and a representative of
the effected taxing units were given written notice and were afforded
an opportunity to be heard on said Application,
NOW THEREFORE, BE IT RESOLVED that the City Council of the
City of Livonia hereby approves the Application of Wahler Automotive
Systems, Inc. for the Exemption of New Personal Property to be
installed in the referenced eligible district; and
BE IT FURTHER RESOLVED THAT if the owner or lessee of a facility
for which an Exemption of New Personal Property under the Act is in
effect relocates that facility outside of the eligible district during the
period in which the Exemption is in effect, the owner or lessee is liable
to the City from which it is leaving, upon relocating, for an amount to be
determined in accordance with a Letter of Agreement executed
between Wahler Automotive Systems, Inc and the City of Livonia. If
the City determines that it is in its best interest, the City may forgive the
liability of the owner or lessee under the terms of the Letter of
Agreement. The payment provided for in the Letter of Agreement shall
be distributed in the same manner as property taxes are distributed
BE IT FURTHER RESOLVED THAT the New Personal Property
Exemption when issued shall be, and remain in force and effect for a
period of 8 years, after a one year construction period, beginning on or
about June 1, 2010, and ending May 31, 2011
BE IT FURTHER RESOLVED THAT Wahler Automotive Systems, Inc
shall file with the City Assessor two (2) personal property statements
each year one statement for Exempt New Personal Property and one
statement for all other personal property; and
BE IT FURTHER RESOLVED THAT the Application submitted by
Wahler Automotive Systems, Inc. is for an Exemption of New Personal
Property that will be located in the following described parcel of real
estate situated within the City of Livonia, in Industrial Development
Overlay District No 111, established on December 19, 2006
Beginning at the Northeast corner of said section and proceeding
thence S 02°55'42"E., 5,427 57 feet to the Southeast corner of said
section, thence S 87°56'23"W, 5,289 50 feet to the Southwest corner of
said section, thence N 02°32'48"W , 5,404 56 feet to the Northwest
corner of said section, thence N 87°41'48"E , 5,253 17 feet to the point
of beginning and the Northeast corner of said section,
excluding the following described area which is zoned residential
Lot 1 through Lot 18 of the Newman Wadsworth Farms Subdivision as
recorded in Liber 71 of Plats on Page 56, W C R
Regular Meeting Minutes of May 26, 2010 37574
also excluding Lot 16 through Lot 20 of the Walter Dann Subdivision as
recorded in Liber 67 of Plats on Page 79, W C R
also excluding Lot 12 through Lot 112 and Lot 114 through Lot 127 of
the Alden Village Subdivision as recorded in Liber 66 of Plats on Page
78, WCR
also excluding
The North 300 feet of the following described parcel, a parcel of land
described as beginning at a point distant due West 1,328 40 feet from
the Southeast corner of Section 28 and proceeding thence
N 01°25'00"W , 647 60 feet; thence S 89°41'00"W , 133 20 feet; thence
S 01°24'00"E , 646 90 feet; thence due East 133 46 feet to the point of
beginning
also excluding
A parcel of land described as beginning at the Southeast corner of Lot
125 of the Alden Village Subdivision as recorded in Liber 66 of Plats on
Page 78, W C R and proceeding thence S 01°39'20"W , 18 60 feet;
thence N 88°21'40"W , 97 26 feet; thence N 01°01'20"E , 18 60 feet;
thence S 88°21'40"E , 97 46 feet to the point of beginning
also excluding
The North 300 feet of the following described parcel, a parcel of land
described as beginning at a point distant S 89°17'20"E , 331 55 feet
from the South 1/4 corner of Section 28 and proceeding thence
N 00°28'00"W , 643 94 feet; thence S 89°51'50"E , 225 41 feet; thence
S 00°29'30"E , 646 21 feet; thence N 89°17'20'W , 225 76 feet to the
point of beginning
also excluding
A parcel of land described as beginning at a point distant
S 88°17'20"E , 1,039 42 feet and S 01°23'38"W , 528 69 feet from the
West 1/4 corner of Section 28 and proceeding thence S 88°47'30"E ,
1,140 71 feet; thence S 01°22'10"W , 436 82 feet; thence
N 88°41'40"W , 384 00 feet; thence N 12°40'12'W , 206 10 feet; thence
N 88°41'40"W , 474 03 feet; thence S 12°40'12"E , 206 10 feet; thence,
N 88°41'40"W , 282 86 feet; thence N 01°23'38"E , 434 88 feet to the
point of beginning
also excluding
Regular Meeting Minutes of May 26, 2010 37575
A parcel of land described as beginning at the Northeast corner of Lot
95 of the Alden Village Subdivision as recorded in Liber 66 of Plats on
Page 78, W C R and proceeding thence N 89°21'00"W , 182.97 feet;
thence N 00°42'50"E , 437 84 feet; thence S 89°29'47"E , 240 31 feet;
thence S 00°22'00"VV , 177.24 feet; thence N 89°21'00"W , 60 00 feet;
thence S 00°22'00'W , 260 00 feet to the point of beginning
also excluding
A parcel of land described as beginning at the Southwest corner of Lot
43 of the Alden Village Subdivision as recorded in Liber 66 of Plats on
Page 78, W C R and proceeding thence S 00°42'50"W , 60 00 feet;
thence N 89°2100"W , 179 38 feet; thence N 00°44'20"E., 1,150 85
feet, thence S 89°15'40"E , 147 00 feet; thence S 00°44'20"W , 430 65
feet; thence S 89°21'00"E , 92 05 feet; thence S 00°42'50"W , 200 00
feet; thence N 89°21'00"W , 60 00 feet; thence S 00°42'50"W , 460 00
feet to the point of beginning
BE IT FINALLY RESOLVED that the City Clerk shall cause the
Application for Exemption of New Personal Property to be completed
and shall take all the steps necessary to insure that the completed
Application and a copy of this Resolution are filed with the State Tax
Commission in a timely fashion
There was no Audience Communication at the end of the meeting
On a motion by Toy, seconded by Schwartz, and unanimously
adopted, this 1,657th Regular Meeting of the Council of the City of Livonia was
adjourned at 8 21 p m
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Tel---:.-113 Mar ecki, City Clerk