HomeMy WebLinkAboutCOUNCIL MINUTES 2008-05-28 36727
MINUTES OF THE ONE THOUSAND SIX HUNDRED NINTH
REGULAR MEETING OF MAY 28, 2008
On May 28, 2008, 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 Councilman Meakin led the meeting with the Pledge of
Allegiance
Roll was called with the following result: Brian Meakin, Thomas
Robinson, Don Knapp, Terry Godfroid-Marecki, James McCann, Joe Laura, and
Laura Toy Absent. None
Elected and appointed officials present: Sean Kavanagh, City Attorney;
Kevin Roney, City Engineer (Utilities & Engineering), Judy Priebe, Technical
Specialist; Mark Taormina, City Planner; Linda Grimsby, City Clerk, and Mayor Jack
Kirksey
On a motion by Robinson, seconded by Meakin, and unanimously
adopted, it was
#216-08 RESOLVED that the Minutes of the 1,608th Regular
Meeting of the Council held May 14, 2008 are hereby approved as
submitted
Mayor Kirksey presented a 20-Year Service Pin and Certificate of
Recognition to Councilmember James McCann Mayor thanked McCann for his
service and dedication and indicated many of his family members have served the
City of Livonia for several decades Mayor announced McCann began his public
service for the City working for the Planning Commission in November, 1987
Knapp presented a Commendation to Robert Burkhardt of Burkhardt
Bakery on behalf of the City, Council and the Mayor Knapp indicated Burkhardt
Bakery has a long history and was established in 1872 in the City of Detroit but
moved their location to Livonia, in the area of Seven Mile and Farmington Roads,
more than 30 years ago Knapp stated Burkhardt Bakery recently closed but
thanked them for their many years of business in Livonia
Regular Meeting Minutes of May 28, 2808 36728
President Toy extended the Council's deepest sympathy to Mark
Marecki who lost his mother a few hours ago and commended Vice-President
Godfroid-Marecki for her dedicated service this evening
During Audience Communication, George Boller, 36270 Hammer
Lane, expressed to Council his concern re traffic control signal on Newburgh Road
and North Laurel Park Drive Mr Boiler indicated the traffic control signal is difficult
to see at different times of the day and the signal for the southbound traffic turns red
before the northbound side Further, he explained there are frequent accidents at
this intersection which causes his concern and can pose potential traffic hazards.
Mr Boller inquired of Council whether this section of Newburgh Road is being
considered in the Road Repair Program and if it is not, he requested that Council
pay careful consideration to this intersection
On a motion by Laura, seconded by Robinson, and unanimously
adopted, it was
#217-08 RESOLVED, that having heard comments from resident
George Boller regarding the traffic control signal at the intersection of
Newburgh Road and North Laurel Park Drive, the Council does hereby
refer the issue of visibility of said signal and the necessity of said signal
to the Administration and the Traffic Commission for their report and
recommendation
A communication from the Inspection Department, dated May 19,
2008, re complaint received from Steven Johnson concerning the Bryant Soccer
Fields, was received and placed on file for the information of the Council
On a motion by Meakin, seconded by Godfroid-Marecki, it was
#218-08 RESOLVED, that having considered an application from
Sharlene Dostal, 9614 Woodring, dated April 23, 2008, requesting
permission to close Woodring between West Chicago and Orangelawn
on Saturday, August 9, 2008, from 3.00 p m to 1000 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 Saturday, August 16, 2008, in the event of inclement
weather, the action taken herein being made subject to the approval of
the Police Department.
#219-08 RESOLVED, that having considered a letter from Arthur
tip Cole, Event Chairman, on behalf of the Rotary Club of Livonia, dated
Regular Meeting Minutes of May 28, 2008 36729
April 22, 2008, requesting permission to sell beer, to place a 4' x 8'
banner at the entrance to Rotary Park for a period not to exceed two
weeks, to place a 15' inflatable archway near the fountain plaza at
Rotary Park which will be taken down at the end of the day on August
10, 2008, and to place 22" x 28" wire mounted signs at various
intersections in the City, announcing the Rotary Club of Livonia's
Annual Bar-B-Que and Family Fun Fest to be held at Rotary Park on
Sunday, August 10, 2008, as a fundraiser for Rotary Park and other
Rotary community and international projects, the Council does hereby
grant permission as requested, the action taken herein being subject to
the following conditions
1 The Rotary Club of Livonia shall provide the City of Livonia with
an appropriate insurance policy naming the City of Livonia as
additional insured with liquor liability coverage in the amount of
$1 million, and such certificate of insurance shall be submitted
to the Department of Law for approval by the City prior to the
event;
2 That all alcoholic beverages will be sold only by Rotarians and
proof of legitimate drinking age will be required,
3 That alcoholic beverages will be served in a fenced off area,
4 That the Rotary Club will obtain a 24-hour Alcohol Sales Permit
from the State of Michigan prior to this event;
5 That medical and security personnel shall be on site at all times,
and
6 That the wire-mounted road signs will be installed on July 26-27,
2008, and removed by Monday, August 11, 2008, with the
understanding that the City is not responsible should the signs
be removed by Wayne County
#220-08 RESOLVED, that having considered a communication
from the City Clerk, dated May 1, 2008, forwarding an application
submitted by Tracey Nied, 12126 Woodland Ridge, South Lyon,
Michigan 48178, for a therapeutic massage apprentice permit and in
accordance with Chapter 5 49 of the Livonia Code of Ordinances, as
amended, the Council does hereby approve this request in the manner
and form herein submitted, and the City Clerk is hereby requested to
do all things necessary or incidental to the full performance of this
resolution
Regular Meeting Minutes of May 28, 2008 36730
#221-08 RESOLVED, that having considered a communication
from Steven Johnson, received in the Office of the City Council on May
4, 2008, regarding noise, safety and indecent exposure issues
associated with soccer clubs playing at the former Bryant School, the
Council does hereby determine to take no further action with regard to
this matter
#222-08 RESOLVED, that having considered the report and
recommendation of the Fire Chief, dated May 7, 2008, which bears the
signature of the Director of Finance and is approved for submission by
the Mayor, the Council does hereby authorize the purchase of one (1)
additional ambulance (to replace a 2001 Medic Master that was totaled
in an accident on April 15, 2008) from Halt Fire Equipment, 50168
Pontiac Trail, Wixom, Michigan 48393, in the amount of $193,390 00,
the bid price previously accepted in Council Resolution #44-08,
FURTHER, the Council does hereby authorize an expenditure from
funds received in an insurance settlement from MMRMA in the total
amount of $175,000 00 for this purpose, FURTHER, the Council does
hereby authorize an additional appropriation and expenditure in an
amount not to exceed $18,390 00 from the Unexpended Fund Balance
of the Capital Projects Funds (401) for this purpose, FURTHER, the
Council does hereby authorize the purchase of said item without
competitive bidding for the reasons indicated in the aforesaid
communication, 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
#223-08 RESOLVED, that having considered the report and
recommendation of the Fire Chief, dated May 6, 2008, which bears the
signature of the Director of Finance and is approved for submission by
the Mayor, the Council does hereby authorize an expenditure in the
amount of $58,000 00 for a FEMA Structural Collapse Technician
Class to be provided by the Michigan Urban Search and Rescue
Training Foundation, 275 E Highland Road, Howell, Michigan 48843,
FURTHER, the Council does hereby authorize such expenditure from
grant funds available (Department of Homeland Security's Urban Area
Strategic Initiative Grant Program) in Account No 223-674-971-000 for
this purpose
#224-08 RESOLVED, that having considered the report and
recommendation of the Water and Sewer Board, dated May 8, 2008,
which bears the signature of the Director of Finance and is approved
for submission by the Mayor, which transmits its resolution WS 3813
05/08, wherein it is recommended that the Council authorize changes
in existing water and sewer consumption rates, industrial surcharge
rates and in industrial waste control charges, the Council does hereby
Regular Meeting Minutes of May 28, 2008 36731
request that the Department of Law prepare appropriate Ordinance
Amendments to the following sections of the Livonia Code of
Ordinances for submission to Council
1 Amend Title 13, Chapter 8, Section 040, to increase the water
consumption rate from $16 91 to $17 16 (per 1000 cubic feet),
effective with the first billing on and after July 1, 2008
2 Amend Title 13, Chapter 20, Section 120 D 1 to increase the
wastewater disposal charge from $19 58 to $20 80 (per 1000
cubic feet) of water used, effective with the first billing on and
after July 1, 2008
3 Amend Title 13, Chapter 20, Table 13.20 120 to increase the
industrial waste control meter charges as follows
NON-RESIDENTIAL
METER SIZE (inches) MONTHLY CHARGE
5/8 Increase from $5 79 to $6 37
3/4 Increase from $8 69 to $9 56
1 Increase from $14 48 to $15 93
1-1/2 Increase from $31 85 to $35 04
2 Increase from $46 32 to $50 96
3 Increase from $83 96 to $92 37
4 Increase from $115 80 to $127 40
6 Increase from $173 70 to $191 10
8 Increase from $289 50 to $318 50
10 Increase from $405 30 to $445 90
12 Increase from $463.20 to $509 60
14 Increase from $579 00 to $637 00
16 Increase from $694 80 to $764 40
18 Increase from $810 60 to $891 80
20 Increase from $926 40 to $1,019 20
24 Increase from $1,042.20 to$1,146 60
30 Increase from $1,158 00 to $1,274 00
36 Increase from $1,273 80 to $1,401 40
48 Increase from $1,389 60 to $1,528 80
4 Amend Title 13, Chapter 28, Section 050, to change the
industrial surcharge rates as follows
Dollar/pound for treating BOD (Biochemical Oxygen Demand) in
excess of 275 mg/I - Increase from $0 268 to $0 254
Regular Meeting Minutes of May 28, 2008 36732
Dollar/pound for treating TSS (Total Suspended Solids) in
excess of 350 mg/I - Increase from $0 290 to $0 324
Dollar/pound for treating P (Phosphorus) in excess of 12 mg/I -
Increase from $3 703 to $3 729
Dollar/pound for treating FOG (Fats, Oils & Grease) in excess of
100 mg/I — Increase from $0 201 to $0 221
#225-08 RESOLVED, that having considered a communication
from the Director of Public Works, dated April 30, 2008, approved for
submission by the Mayor, the Council does hereby approve the
request of Florence Cement Company, 12798 23 Mile Road, Shelby
Township, Michigan 48315, for the placement of a temporary portable
concrete batch plant on City property located on Glendale Street from
May through October, 2008, for the purpose of producing concrete for
the 2008 Road Repair Program — Concrete, Contract No 08-C
Reconstruction Project, subject to the following conditions
1 Florence Cement Company shall provide a Certificate of
Insurance on all contractor operations
2 Florence Cement Company shall hold harmless the City and its
agents for wrongdoing occurring on the site that is the direct
result of the contractor's occupancy
3 Florence Cement Company shall grade and restore the site to
its original condition, or better, directly upon completion of
activities
4 Florence Cement Company shall secure the site as directed by
the DPW
5 Florence Cement Company shall keep the premises dust free in
accordance with the permit issued by the Wayne County Health
Department Air Pollution Control Division
6 Florence Cement Company shall abide by all existing laws and
regulations, both local and State, pertaining to erosion, siltation
and pollution of watercourses
7 Florence Cement Company shall obtain all necessary permits
from the City of Livonia and abide by all local ordinances
8 Hours of operation shall be limited to the hours between 7 00
am and800pm
Regular Meeting Minutes of May 28, 2008 36733
9 Florence Cement Company will pay to the City of Livonia the
sum of $2,500 00 per month, commencing when the portable
batch plant arrives on site and terminating upon its removal
#226-08 RESOLVED, that having considered the report and
recommendation of the City Engineer (Utilities and Engineering), dated
April 28, 2008, which bears the signature of the Director of Finance, is
approved by the Director of Public Works and the Superintendent of
Parks and Recreation and is approved for submission by the Mayor,
the Council does hereby accept the unit price bid of Goddard Coatings
Company, 15045 Dixie Highway, Suite C, Holly, Michigan 48442, for
completing all work required in connection with the 2008 Tennis Court
Maintenance Project (Contract 08-N) for the estimated total cost of
$286,042 65 based upon 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 and only
bid received for this item, FURTHER, the Council does hereby
authorize the expenditure of a sum not to exceed $286,042 65 from
Account No 208-756-987-000 (Community Recreation - Other
Recreation - Capital Projects) for this purpose, and the City Engineer
(Utilities and Engineering) 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
#227-08 RESOLVED, that having considered a communication
from the City Planning Commission, dated April 23, 2008, which
transmits its resolution 04-32-2008 adopted on April 22, 2008, with
regard to Petition 2008-03-08-05 submitted by IS Telegraph, L L C ,
requesting site plan approval in connection with a proposal to demolish
and reconstruct the gas station (Mobil) located on the northwest corner
of Schoolcraft Road and Merriman Road (31420 Schoolcraft Road), in
the Southeast 1/4 of Section 22, pursuant to the provisions set forth in
Section 18 58 of Ordinance No 543, as amended, the Council does
hereby concur in the recommendation made by the Planning
Commission and Petition 2008-03-08-05 is hereby approved and
granted, subject to the following conditions
1 That the Site & Landscape Plan marked Drawing No C-02
dated April 11, 2008, as revised, prepared by Engineering
Services, Inc , is hereby approved and shall be adhered to,
Regular Meeting Minutes of May 28, 2008 36734
2 That all disturbed lawn areas shall be sodded in lieu of
hydroseeding,
3 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,
4 That the Exterior Building Elevation Plan marked Sheet A-2
dated April 17, 2008, as revised, prepared by Dynamic Building
and Design LLC, is hereby approved and shall be adhered to,
5 That the brick used in the construction shall be full face four (4")
inch brick,
6 That the three walls of the trash dumpster area 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 steel construction and maintained
and when not in use closed at all times,
7 That all rooftop mechanical equipment shall be concealed from
public view on all sides by screening that shall be of a
compatible character, material and color to other exterior
materials on the building,
8 That the gas pump island canopy shall not exceed eighteen
(18') feet in height, and its support columns shall be covered
with the same brick used in the construction of the building,
9 That the leading edge of the pump island canopy shall not be
any closer than ten (10') feet from the property line,
10 That the lights of the pump island canopy shall be recessed in
such a way that the intensity of the illumination is decreased,
11 That the petitioner shall secure the necessary storm water
management permits from Wayne County, the City of Livonia,
and/or the State of Michigan,
12 That all light fixtures shall not exceed twenty (20') feet in height
and shall be aimed and shielded so as to minimize stray light
trespassing across property lines and glaring into adjacent
roadway;
Regular Meeting Minutes of May 28, 2008 36735
13 That the petitioner shall correct to the Inspection Department's
satisfaction the items outlined in the correspondence dated April
11, 2008,
14 That the petitioner shall correct to the Fire Department's
satisfaction the item outlined in the correspondence dated April
4, 2008,
15 No outside storage, placement or display of merchandise shall
be permitted at any time on this site, however, the foregoing
prohibition shall not apply to the display, on the pump islands
only, of oil based products as permitted in Section 11 04(a) of
the Zoning Ordinance,
16 That free air shall be provided at all times this station is open for
business. The free air shall be dispensed at the point of service
without having to enter the station or the performance of any
extra action in order to obtain the air without charge
17 That no vehicle vacuum equipment or the outdoor placement of
propane cylinder storage units shall be permitted on the site,
18 That the sale of ice shall be restricted to the inside of the
building,
19 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,
20 That no part of the pump island canopy fascia, with the
exception of the embossed logos, shall be illuminated,
21 That no LED lightband or exposed neon shall be permitted on
this site including, but not limited to, the pump island canopy,
building or around the windows,
22 That specific plans referenced in this approving resolution shall
be submitted to the Inspection Department at the time the
building permits are applied for; and
23 Pursuant to Section 19 10 of Ordinance No 543, the Zoning
Ordinance of the City of Livonia, this approval is valid for a
period of one year only from the date of approval by City
Council, and unless a building permit is obtained this approval
shall be null and void at the expiration of said period
Regular Meeting Minutes of May 28, 2008 36736
#228-08 RESOLVED, that having considered a communication
from the City Planning Commission, dated May 7, 2008, which
transmits its resolution 04-33-2008 adopted on April 22, 2008, with
regard to Petition 2008-03-08-06 submitted by L J Griffin Funeral
Home, requesting site plan approval in connection with a proposal to
expand the parking lot of the funeral home located on the northwest
corner of Wayne Road and Joy Road (8809 Wayne Road), in the
Southwest 1/4 of Section 33, pursuant to the provisions set forth in
Section 18 58 of Ordinance No 543, as amended, the Council does
hereby concur in the recommendation made by the Planning
Commission and Petition 2008-03-08-06 is hereby approved and
granted, subject to the following conditions
1 That the Site Plan marked Drawing A-101 dated March 7, 2008,
prepared by G H Forbes Associates, is hereby approved and
shall be adhered to,
2 That the Landscape Plan submitted by L J Griffin Funeral
Home, as received by the Planning Commission on March 19,
2008, is hereby approved and shall be adhered to, and shall be
amended in the future should the staff and the petitioner agree,
3 That all disturbed lawn areas shall be sodded in lieu of
hydroseeding,
4 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,
5 That there shall be no outside dumpster located on the site, and
all trash must be contained within the building except on the day
trash is scheduled for removal,
6 That detention facilities for the additional parking lot area shall
be provided and permitted by the City of Livonia,
7 That the new sidewalk along Wayne Road, as shown on the
approved site plan, shall secure the necessary permits from
Wayne County;
8 That all light fixtures shall not exceed twenty (20') feet in height
and shall be aimed and shielded so as to minimize stray light
trespassing across property lines and glaring into adjacent
roadway;
Regular Meeting Minutes of May 28, 2008 36737
9 That the petitioner shall correct to the Inspection Department's
satisfaction the items outlined in the correspondence dated April
11, 2008,
10 That the landscaped greenbelt along the west property line, as
shown on the approved landscape plan, is hereby accepted and
shall be substituted for the protective wall required by Section
18 45 of the Zoning Ordinance,
11 That any change of circumstances in the area containing the
greenbelt resulting in a diminution of the greenbelt's
effectiveness as a protective barrier, the owner of the property
shall be required to submit such changes to the Planning
Commission for their review and approval or immediately
construct the protective wall pursuant to Section 18 45,
12 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
13 Pursuant to Section 19 10 of Ordinance No 543, the Zoning
Ordinance of the City of Livonia, this approval is valid for a
period of one year only from the date of approval by City
Council, and unless a building permit is obtained this approval
shall be null and void at the expiration of said period
#229-08 WHEREAS, the City of Livonia recognizes the need to
make improvements to its existing Rouge Valley Sewage Disposal
System, and
WHEREAS, the City of Livonia authorized Orchard, Hiltz & McCliment,
Inc. to prepare a Project Plan, which recommends the implementation
of a Short-Term Corrective Action Plan to rehabilitate pipelines and
siphons, manholes and regulators pursuant to ACO-SW 06-010, and
WHEREAS, said Project Plan was presented at a Public Hearing held
on May 28, 2008, and all public comments have been considered and
addressed,
NOW THEREFORE BE IT RESOLVED, that the City of Livonia
formally adopts said Project Plan and agrees to implement the Short
Term Corrective Action Plan
BE IT FURTHER RESOLVED, that the City Engineer - Utilities, a
position currently held by Kevin Roney, is designated as the authorized
representative for all activities associated with the project referenced
Regular Meeting Minutes of May 28, 2008 36738
above, including the submittal of said Project Plan as the first step in
applying to the State of Michigan for a revolving fund loan to assist in
the implementation of the selected alternative
A roll call vote was taken on the foregoing resolutions with the following result:
AYES Meakin, Robinson, Knapp, Godfroid-Marecki,
McCann, Laura, and Toy
NAYS None
On a motion by Vice-President Godfroid-Marecki, seconded by Knapp,
and unanimously adopted, it was
#230-08 RESOLVED, that having considered an application from
Raini Reid Gilmore, 31440 Curtis Road, dated April 28, 2008,
requesting permission to close Curtis Road west of Merriman on
Saturday, August 9, 2008, from 6 00 a 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, August 10, 2008, in the event of inclement weather, the action
taken herein being made subject to the approval of the Police
Department.
A communication from Father Joseph Marquis of Sacred Heart
Byzantine Catholic Church, 29125 West Six Mile Road, Livonia, dated May 21,
2008, expressing opposition to the proposed retail liquor store (H & A Ventures) to
be located at 29241 - 29243 Six Mile Road, was received and placed on file for the
information of the Council (Petition 2007-10-02-39)
A communication from Pastor Stephen Sheridan of Bethel Baptist
Temple of Livonia, 29475 West Six Mile Road, Livonia, dated May 25, 2008,
expressing opposition to the proposed retail liquor store (H & A Ventures) to be
located at 29241 - 29243 Six Mile Road, was received and placed on file for the
information of the Council (Petition 2007-10-02-39)
Regular Meeting Minutes of May 28, 2008 36739
A communication from the Planning Commission, dated May 20, 2008,
re list of notifications sent out with regard to the Planning Commission Public
Hearing of December 11 , 2007, re waiver use petition as submitted by H & A
Ventures for the proposed liquor license transfer to the location of 29241 - 29243 Six
Mile Road, was received and placed on file for the information of the Council
(Petition 2007-10-02-39)
Father Joseph Marquis, Sacred Heart Byzantine Catholic Church,
28125 West Six Mile Road, Livonia, addressed Council to express concerns about
having a liquor store so near to the Church as well as concern for the safety of his
parishioners Father Marquis also informed Council the Church did not receive
notice of the proposed liquor license transfer to the location of 29241 - 29243 Six
Mile Road, as submitted by H & A Ventures (Petition 2007-10-02-39)
Pastor Stephen Sheridan, Bethel Baptist Temple of Livonia, 29475
West Six Mile Road, Livonia, requested Council reconsider allowing the transfer of a
liquor license for H & A Ventures, Inc to the location of 29241 - 29243 Six Mile
Road Pastor Sheridan suggested Council also reconsider allowing check cashing
stores and liquor stores being located so near to a Church and encouraged Council
to create a more positive business model within the City and for the safety of its
citizens (Petition 2007-10-02-39)
Oday Hassan, 28900 Savoie Court, Livonia, expressed concern re his
children being dropped off at a bus stop so near to the proposed liquor store and
requested Council vote no on the lis matter (Petition 2007-10-02-39)
Father Joseph Marquis, Sacred Heart Byzantine Catholic Church,
addressed Council again to re-state his Church never received notice of the
proposed liquor license transfer for H & A Ventures and suggested such notices
should be sent via certified mail so the recipients are required to sign for the notice
Father Marquis reiterated his opposition to the proposed liquor store being located at
29241 - 29243 Six Mile Road and inquired if the City must obtain the Church's
approval to proceed with this matter (Petition 2007-10-02-39)
Diane Pearson, 37628 N Laurel Park Drive, addressed Council to
express her opposition to the proposed liquor license being transferred to the
location of 29241 - 29243 Six Mile Road as submitted by H & A Ventures and
inquired whether Council has ever investigated reversing a decision to approve a
liquor license (Petition 2007-10-02-39)
Regular Meeting Minutes of May 28, 2008 36740
Peter Smike, 18221 Fox, Redford, addressed Council to express his
opposition re the proposed liquor license being transferred to the location of 29241 -
29243 Six Mile Road as submitted by H & A Ventures and requested Council
reconsider this type of business model and not pass Resolutions which would allow
check cashing stores and liquor stores to be in such close proximity to each other
(Petition 2007-10-02-39)
On a motion by Laura, seconded by Vice-President Godfroid-Marecki,
and unanimously adopted, it was
#231-08 RESOLVED, that having considered a letter from the
Michigan Liquor Control Commission, dated October 15, 2007, and a
subsequent letter from the Michigan Liquor Control Commission, dated
October 30, 2007, and the report and recommendation of the Chief of
Police, dated May 2, 2008, in connection therewith, approved for
submission by the Mayor, the Council does hereby determine that it
has no objection to and does recommend approval of the request from
H & A Ventures, Inc. for a new SDM license and for transfer of
ownership of an escrowed 1999 SDD license from Mai Kai Wine
Shoppe, Inc and to transfer location from 34731 Plymouth Road,
Livonia, Michigan 48150 to 29241 - 29243 Six Mile, Livonia, Michigan,
Wayne County; and the City Clerk is hereby requested to forward a
certified copy of this resolution to the Michigan Liquor Control
Commission
On a motion by McCann, seconded by Robinson, and unanimously
adopted, it was
#232-08 RESOLVED, the Council does hereby refer to the Law
Department to research the possibility of amending the Zoning
Ordinance to require a 500 foot separation between check cashing
stores and SDD/SDM licensed stores
On a motion by Vice-President Godfroid-Marecki, seconded by Knapp,
and unanimously adopted, it was
#233-08 RESOLVED, that having considered the report and
recommendation of the Department of Law, dated May 6, 2008, which
bears the signature of the Director of Finance and is approved for
submission by the Mayor, the Council does hereby approve the lease
of five (5) acres of City-owned property located at 32000 Glendale
Avenue as requested by Mid-Michigan Recycling, L.0 , G-5310 N Dort
Highway, Flint, Michigan 48505 ("Mid-Michigan"), to grind specific
Regular Meeting Minutes of May 28, 2008 36741
biomass for disposal and transfer woodchip material to an out-source
location for period ending December 31, 2008, subject to the
conditions that Mid-Michigan
1 Provide a Certificate of Insurance on all contractor operations,
2 Seek and receive all permits required from the State of
Michigan, the City of Livonia, and other governmental entities as
required,
3 Enforce the City of Livonia's strict policy of no hunting and no
trespassing, noting all violations and advising violators to quit
the premises forthwith,
4 Hold harmless the City and its agents for wrongdoing occurring
on the site that are the direct result of the contractor's
occupancy;
5 Provide all grinding equipment, support equipment and
personnel necessary and grind in a timely manner all waste
wood delivered to the premises,
6 Retain total dispensation of all tree material entering the
premises,
7 Secure the site as directed by the Department of Public Works,
8 Remove any tracked out material on Glendale Road as
requested by Department of Public Works personnel,
9 Keep the premises dust free in accordance with the permit
issued by the Wayne County Health Department Air Pollution
Control Division,
10 Abide by all existing laws and regulations, both local and State,
pertaining to contamination, erosion, siltation and pollution of
watercourses,
11 Abide by all local ordinances,
12 Pay $2,000 00 per month to the City beginning with the
commencement date of activities for duration of the Agreement;
13 Accept and dispose of wood waste from the City, and
contractors working for the City, at no charge, and
Regular Meeting Minutes of May 28, 2008 36742
14 Upon completion of activities, restore all disturbed ground by
leveling and seeding to the City of Livonia's satisfaction
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
company, subject to approval as to form by the Department of Law,
and to do all other things necessary or incidental to the full
performance of this resolution
On a motion by Meakin, seconded by Laura, it was
#234-08 RESOLVED, that having considered a communication
from the City Planning Commission, dated April 11, 2008, which sets
forth its resolution 04-27-2008 adopted on April 8, 2008, with regard to
Petition 2008-03-01-01, submitted by Sam Baki and Joan Ketchum for
a change of zoning of property located on the southeast corner of
Hugh Avenue and Norfolk Avenue (20280 Hugh), from RUFA to R-1
(Rural Urban Farm — 1/2 Acre Lots to One Family Residential — 60' x
120' Lots), in the Northeast 1/4 of Section 2, and the Council having
conducted a public hearing with regard to this matter on May 19, 2008,
the Council does hereby approve Petition 2008-03-01-01 for
preparation of the Ordinance for submission to Council, and the City
Planner is hereby instructed to cause the necessary map for
publication to be prepared indicating the zoning change herein
approved and to furnish the same to the Department of Law and, upon
receipt of such map, the Department of Law is requested to prepare an
ordinance amending Ordinance No 543, as amended, in accordance
with this resolution
A roll call vote was taken on the foregoing resolution with the following result:
AYES Meakin, Robinson, Godfroid-Marecki, Laura, and Toy
NAYS Knapp and McCann
The President declared the resolution adopted
On a motion by Knapp, seconded by Meakin, it was
#235-08 RESOLVED, that having considered a communication
from the Department of Law, dated May 19, 2008, the Council does
hereby, by a two-thirds roll call vote in accordance with Section 7(1) of
the Open Meetings Act, direct that a Closed Committee of the Whole
meeting be held for the purposes of discussing litigation matters and
attorney/client privileged communications in connection with pending
litigation, Karen Maston v City of Livonia
Regular Meeting Minutes of May 28, 2008 36743
A roll call vote was taken on the foregoing resolution with the following result:
AYES Meakin, Robinson, Knapp, Godfroid-Marecki,
McCann, Laura, and Toy
NAYS None
The President declared the resolution adopted
All Council members individually congratulated McCann for his 20
years of dedicated service to the City
McCann thanked the Council members and staff McCann also
thanked his wife, Linda, for the support she has given him throughout the years
There was no Audience Communication at the end of the meeting
On a motion by Meakin, seconded by Laura, this 1,609th Regular
Meeting of the Council of the City of Livonia was adjourned at 9 15 p m
AI, AVM.11Lai
Linda Grimsby, City Clerk