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HomeMy WebLinkAboutSYNOPSIS - 2008-05-14 th SYNOPSIS OF THE MINUTES OF THE 1,608 REGULAR MEETING LIVONIA CITY COUNCIL – MAY 14, 2008 ________________________________________________________________ Meeting was called to order at 8:00 p.m. Present: Joe Laura, Brian Meakin, Thomas Robinson, Don Knapp, James McCann, and Terry Godfroid- Marecki. Absent: Laura Toy. MAD #187-08 Resolution by McCann and Laura, approving the minutes of the th FAT 1,607 Regular Meeting of the Council held April 30, 2008, as submitted. Council President Toy arrived at the meeting at 8:03 p.m., and Vice President Godfroid-Marecki chaired the meeting. Terry Godfroid-Marecki announced a Memorial Day Ceremony to be held on Saturday, May 24, 2008 at 9:00 a.m. at the new Veteran’s Park Memorial Plaza to honor veterans complete with military salutes, a wreath-placing ceremony, special guests and music by the Franklin High School Marching Band under the direction of Kristi Jasin, and guest speaker, Major General William C. Kirkland, th Commanding General, 84 Training Command (Leader Readiness). Vice President Godfroid-Marecki announced there would be an “X” item addressed at the end of the meeting regarding the request from the Department of Law to approve an amendment to the Land Lease Agreement between the City and Verizon Wireless to permit the relocation of the utility easement in connection with the Bicentennial Park Cell Tower lease. (CR 582-07) AUDIENCE COMMUNICATION: None. The following items were received and filed: A communication from the Finance Department, dated April 18, 2008, forwarding various summarized financial statements of the City of Livonia for the month ending March 31, 2008. A summarized Audit Presentation distributed by Plante & Moran, dated April 28, 2008. (CR 367-02) Annual Audit Reports from the Finance Department, dated April 7, 2008, for the Fiscal Year December 1, 2006 to November 30, 2007. (CR 367-02) An email communication from the Civil Service Department, dated April 1, 2008, regarding the fiduciary responsibility of the City Council in connection with the Defined Contribution Plan. (CR 577-04, CR 318-06 and CR 140-08) th SYNOPSIS OF THE MINUTES OF THE 1,608 REGULAR MEETING 2 LIVONIA CITY COUNCIL – May 14, 2008 A communication from the Livonia Community Marketing Consortium, dated April 23, 2008, requesting a contribution from the City of Livonia towards their 2008 efforts regarding the proposed vision process. (CR 545-05 and CR 279-06) A communication from the Law Department, dated September 13, 2007, regarding the subject of dollar stores, banks and drug stores. (CR 156-07 and CR 374-07) A communication from Steve Vlahakis, Seaway Realty, dated May 12, 2008, regarding an agreement reached with Masoud Shango concerning the parking and litter problems in connection with Petition 2008-02-02-09 pertaining to a proposed Dunkin’ Donuts restaurant located on property at 31281 Schoolcraft Road. A communication from Masoud Shango, dated May 12, 2008, regarding an agreement reached with Steve Vlahakis, Seaway Realty, concerning the parking and litter problems in connection with Petition 2008-02-02-09 pertaining to a proposed Dunkin’ Donuts restaurant located on property at 31281 Schoolcraft Road A communication from Fred Sackllah, Festival Chairperson, The Basilica of St. Mary Antiochian Orthodox Church, dated May 14, 2008, regarding the subject of their First Annual Middle Eastern Cultural Festival to be held Thursday, July 24, 2008 through Sunday, July 27, 2008 including a layout for the festival and the rides. A revised Site Plan and Landscape Plan, dated May 8, 2008, and a revised Elevation Plan, dated May 7, 2008, submitted by Designers Group Inc., in connection with Petition 2008-01-08-03 concerning a proposal to construct a multi-tenant commercial building on properties located at 27420, 27434, and 27458 Joy Road in the SE ¼ of Section 36. A communication from the Civil Service Department, dated April 30, 2008, regarding a summary of the Livonia Fire Fighters Union (LFFU) Arbitration Award for the period December 1, 2005 through November 30, 2008. The following resolutions were offered by Meakin and Toy: MAD #188-08 Approving the request of Christine Weisenberger to hold a block FAT party and close Susanna, between Ross and Donald, on Saturday, July 12, Police 2008, from 1:00 p.m. to 10:00 p.m., with a rain date requested of Sunday, July 13, 2008, subject to the approval of the Police Department. #189-08 Approving the request, submitted by Laurie Davis, Assistant MAD FAT Secretary at Emmanuel Lutheran Church, to display 18” x 24” signs at various OrdEnf locations in the City announcing their Rummage Sale to be held at the Church th SYNOPSIS OF THE MINUTES OF THE 1,608 REGULAR MEETING 3 LIVONIA CITY COUNCIL – May 14, 2008 Thursday, July 17, 2008 through Saturday, July 19, 2008 from 9:00 a.m. to 4:00 p.m.; FURTHER, signs will be displayed from Thursday, July 10, 2008, and removed no later than Monday, July 21, 2008. #190-08 Upholding a determination made by the Police Department denying MAD FAT an appeal regarding an application for a Public Vehicle License to operate a Police taxicab in Livonia. Clerk MAD #191-08 Approving the request from RHG Fish Market, Inc. (a Florida FAT Corporation) to transfer ownership of a 2007 Class C licensed business with Insp Official Permit (Food) and one (1) outdoor service area located at 17600 Plan Haggerty, Livonia, MI 48152, from Cameron Mitchell Restaurants, LLC (an Ohio Police Limited Liability Company). Fire #192-08 Authorizing the purchase of Tape Backup Solution hardware for the MAD computer network of the Police and Fire Departments from Hewlett Packard, FAT 10810 Farnum, Omaha, NE 68154, for a total of $22,012.00 from budgeted funds Police Fire based on pricing obtained through the REMC (Regional Media Center Association of MI) purchasing consortium; FURTHER, authorizing the purchase without competitive bidding in accordance with Section 3.04.140D4 of the Livonia Code of Ordinances, as amended. #193-08 Approving an agreement with Oakland County (CLEMIS) for the MAD maintenance of the Live Scan fingerprint capture computer at the Police FAT Police Department commencing May, 2009 for an annual cost of $3,313.00 from budgeted funds. #194-08 Approving the request renewing the agreement and authorizing the MAD City’s membership in the Traffic Improvement Association (TIA), 2187 Orchard FAT Lake Road, Suite 140, Sylvan Lake, Michigan 48320-1778, for the calendar year Traffic 2008 to assist the City staff with traffic consulting, management and planning to help improve traffic safety; FURTHER, authorizing an expenditure of $31,500.00 from budgeted funds. #195-08 Accepting the lowest bid received meeting all specifications of MAD Midwest Media Group, Inc., 811 N. Main, Suite 102, Royal Oak, MI 48067, to FAT supply the Cable Division of the Community Resources Department with a new ComRes Avid Computer-Based Editor for a total amount of $27,022.00 from budgeted funds. MAD #196-08 Approving the agreement between the City of Livonia and the FAT AFSCME Union Local 1917 for the period December 1, 2007, through November CivServ 30, 2010. th SYNOPSIS OF THE MINUTES OF THE 1,608 REGULAR MEETING 4 LIVONIA CITY COUNCIL – May 14, 2008 #197-08 Accepting the lowest bid received meeting all specifications of MAD FAT Southeastern Equipment Co., 48545 Grand River Avenue, Novi, MI 48374, to W&S supply the Water & Sewer section of the Public Service Division with one (1) DPW Case 580SM (Series 2) loader backhoe for a net price of $48,100.00 from budgeted funds based on a total of $64,600.00 less trade-in of $16,500.00; FURTHER, rejecting the bid of JDE Equipment Co. and Wolverine Tractor & Equipment Co. as they did not meet specifications of the bid. #198-08 Approving Petition 2008-02-02-10, submitted by Civil Design MAD Services, requesting waiver use approval to construct and operate a Tim FAT Horton’s full-service restaurant with drive-up window facilities on property located Insp at 16815 Middlebelt Road on the west side of Middlebelt Road, between Munger Plan Eng Avenue and Six Mile Road, in the NE ¼ of Section 14, which is zoned C-2 (General Business District), subject to conditions. #199-08 Waiving the twelve (12) foot width requirement for the drive-up and MAD bypass traffic lanes and granting permission for eleven (11) foot widths for a FAT combined total of at least twenty-two (22) feet in connection with Petition 2008- Insp 02-02-10, submitted by Civil Design Services, requesting waiver use approval to Plan construct and operate a Tim Horton’s full-service restaurant with drive-up window Eng facilities on property located at 16815 Middlebelt Road on the west side of Middlebelt Road, between Munger Avenue and Six Mile Road, in the NE ¼ of Section 14, which is zoned C-2 (General Business District). #200-08 Repealing and rescinding Council Resolution 523-07, adopted on MAD October 24, 2007, with respect to the approval to purchase one (1) Specialized FAT Police Rapid Deployment Vehicle from The Armored Group at a cost of $67,950.00 from budgeted funds. #201-08 Authorizing the purchase of one (1) Specialized Rapid Deployment MAD Vehicle from Supreme Specialty Vehicles, 2572 E. Kercher Road, Goshen, IN FAT 46527, in the amount of $67,536.00 from budgeted funds; FURTHER, Police authorizing the purchase without competitive bidding in accordance with Section 3.04.140D4 of the Livonia Code of Ordinances, as amended. #202-08 Approving a request submitted by Kimberly Stolar, 15798 Blue MAD Skies Drive, Livonia, MI 48154, for a Massage Establishment License to operate FAT under the name of Complete Care Therapeutic Massage, LLC to be located at Clerk OrdEnf 16801 Newburgh Road, Suite 112, Livonia, MI 48154, in accordance with Police Chapter 5.49 of the Livonia Code of Ordinances, as amended. A roll call vote was taken on the foregoing resolutions: AYES: Laura, Meakin, Robinson, Knapp, Toy, McCann, and Godfroid-Marecki. NAYS: None. th SYNOPSIS OF THE MINUTES OF THE 1,608 REGULAR MEETING 5 LIVONIA CITY COUNCIL – May 14, 2008 #203-08 Resolution by Laura and Toy, unanimously adopted, determining MAD that no further action be taken regarding the subject of utilizing existing City FAT services to support and enhance the Livonia Economic Development Office. (CR EconDev 256-04) #204-08 Resolution by Laura and McCann, unanimously adopted, MAD determining that no further action be taken regarding the subject of establishing a FAT database of vacant business/retail/commercial properties. (CR 266-04) EconDev #205-08 Resolution by Laura and Robinson, unanimously adopted, referring MAD to the Administration for its report and recommendation on the subject of current FAT EconDev zoning for the film industry. #206-08 Resolution by Knapp and Laura, unanimously adopted, referring to MAD FAT the Economic Development, Community Outreach and Strategic Planning EconDev Committee for its report and recommendation on the subject of the possibility of film industries coming to Livonia. MAD #207-08 Resolution by Knapp and Laura, unanimously adopted, referring to FAT the Administration for its report and recommendation on the subject of the EconDev feasibility of televising Council Public Hearings. (CR 265-04) ComRes #208-08 Resolution by Meakin and Laura, unanimously adopted, MAD determining to take no further action regarding the subject of dollar stores, banks FAT EconDev and drug stores. (CR 156-07 and CR 374-07) McCann gave FIRST READING to the following Ordinance: AN ORDINANCE AMENDING SECTIONS 050 AND 100 OF TITLE 3, CHAPTER 12 (SENIOR CITIZENS HOUSING TAX EXEMPTION) OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED. McCann invoked the EMERGENCY CLAUSE and gave SECOND READING to the foregoing Ordinance and a roll call vote was taken: AYES: Laura, Meakin, Robinson, Knapp, Toy, McCann, and Godfroid-Marecki. NAYS: None. Knapp gave SECOND READING to the following Ordinance: AN ORDINANCE AMENDING SECTION 201 OF TITLE 13, CHAPTER 08 (WATER SERVICE RATES AND REVENUES) OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED. th SYNOPSIS OF THE MINUTES OF THE 1,608 REGULAR MEETING 6 LIVONIA CITY COUNCIL – May 14, 2008 A roll call vote was taken on the foregoing Ordinance: AYES: Laura, Meakin, Robinson, Knapp, Toy, McCann, and Godfroid-Marecki. NAYS: None. A resolution, proposed by Laura and Knapp, referring to the Committee of the Whole for a report and recommendation on the subject of Petition 2007-03-01- 02, submitted by Masoud Shango, requesting to waive a requirement of Zoning Ordinance 543, as amended, for a change of zoning on properties located at 13820-13840 Merriman Road and 31281 Schoolcraft Road, on the south side of Schoolcraft, east of Merriman Road, in the NW ¼ of Section 26 from OS to C-2 (Office Services to General Business) failed due to the lack of affirmative votes required. (CR 381-07) A roll call vote was taken on the foregoing resolution: AYES: Laura, Knapp, and Godfroid-Marecki. NAYS: Meakin, Robinson, Toy, and McCann. Laura gave SECOND READING to the following Ordinance: AN ORDINANCE AMENDING SECTION 26 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 2007-03-01-02). A roll call vote was taken on the foregoing Ordinance and failed due to the lack of affirmative votes required: AYES: Laura. NAYS: Meakin, Robinson, Knapp, Toy, McCann, and Godfroid- Marecki. #209-08 Resolution by Laura and Toy, unanimously adopted, denying MAD FAT Petition 2008-02-02-09, submitted by Nicholas and Masoud Shango, requesting Insp waiver use approval to operate a limited service Dunkin’ Donuts restaurant with Plan drive-up window facilities on property located at 31281 Schoolcraft Road on the Eng south side of Schoolcraft Road, between Merriman Road and Middlebelt Road, in ZBA the NW ¼ of Section 26. #210-08 Resolution by McCann and Toy, unanimously adopted, approving MAD the request, submitted by Father George Shalhoub of The Basilica of St. Mary FAT OrdEnf Antiochian Orthodox Church, to display up to three (3) 4’ x 4’ signs on their property announcing a Middle Eastern Cultural and Family Festival to be held on Thursday, July 24, 2008 through Sunday, July 27, 2008 from 10:00 a.m. to 10:00 p.m. each day; FURTHER, signs will be displayed from Wednesday, May 14, 2008, and removed no later than Tuesday, July 29, 2008. th SYNOPSIS OF THE MINUTES OF THE 1,608 REGULAR MEETING 7 LIVONIA CITY COUNCIL – May 14, 2008 #211-08 Resolution by McCann and Knapp, unanimously adopted, MAD FAT approving the request by Father George Shalhoub of The Basilica of St. Mary OrdEnf Antiochian Orthodox Church, waiving Section 8.32.070 (Noise Control) of the Police Livonia Code of Ordinances between the hours of 10:00 a.m. and 10:00 p.m. in connection with their Middle Eastern Cultural and Family Festival scheduled to be held Thursday through Sunday, July 24 – 27, 2008. Knapp left the podium at 8:40 p.m. to avoid the appearance of a conflict of interest regarding the next item. MAD #212-08 Resolution by Toy and Robinson, approving Petition 2008-02-02- FAT 08, submitted by Potbelly Sandwich Works, requesting waiver use approval for Insp outdoor seating for an existing full-service restaurant located at 29579 Plymouth Plan Road on the south side of Plymouth Road, between Middlebelt Road and Henry Eng Ruff Road, in the NE ¼ of Section 35, zoned C-2, and subject to conditions. A roll call vote was taken on the foregoing resolution: AYES: Laura, Meakin, Robinson, Toy, McCann, and Godfroid- Marecki. NAYS: None. Knapp returned to the podium at 8:42 p.m. #213-08 Resolution by McCann and Knapp, unanimously adopted, MAD approving Petition 2008-01-08-03, submitted by Designers Group Inc., FAT requesting site plan approval to construct a multi-tenant commercial building on Insp properties located at 27420, 27434, and 27458 Joy Road on the north side of Joy Plan Eng Road, between Inkster Road and Cardwell Avenue, in the SE ¼ of Section 36, ZBA subject to conditions. #214-08 Resolution by Meakin and Laura, unanimously adopted, MAD suspending the rules for procedure as outlined in Council Resolution #574-82 in FAT order to permit consideration of items that do not appear on the agenda. #215-08 Resolution by Toy and McCann, unanimously adopted, approving MAD FAT an amendment to the Land Lease Agreement between Verizon Wireless and the Insp City of Livonia permitting the utility easement to be moved from Bicentennial Plan Road to a location along Seven Mile Road due south of the cell tower. (CR 582- Eng 07) P&R AUDIENCE COMMUNICATION: None. Tom Robinson congratulated Vice President Terry Godfroid-Marecki for a job well done on chairing the meeting. th SYNOPSIS OF THE MINUTES OF THE 1,608 REGULAR MEETING 8 LIVONIA CITY COUNCIL – May 14, 2008 th By Meakin and McCann, unanimously adopted, adjourning this 1,608 Regular Meeting of the Council of the City of Livonia at 8:48 p.m. on May 14, 2008. LINDA GRIMSBY, CITY CLERK *The foregoing is a summary of the Council’s proceedings in synopsis form as authorized by CR 1158-68. The full text of the official minutes of this meeting is on file in the Office of the City Clerk and is available to the public upon request.