HomeMy WebLinkAboutCOUNCIL MINUTES 2008-08-27 36820
MINUTES OF THE ONE THOUSAND SIX HUNDRED FIFTEENTH
REGULAR MEETING OF AUGUST 27, 2008
On August 27, 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
invocation
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;
Patrick Hogan, Department of Public Service, Karen Tesner, Director of Legislative
Affairs, Mark Taormina, City Planner; Linda Grimsby, City Clerk, Mayor Jack
Kirksey; and Laura Cox, Wayne County Commissioner
On a motion by Knapp, seconded by Meakin, it was
#350-08 RESOLVED that the Minutes of the 1614111 Regular
Meeting of the Council held August 13, 2008 are hereby approved as
submitted
A roll call vote was taken on the foregoing resolution with the following result.
AYES Meakin, Robinson, Knapp, Godfroid-Marecki, Laura, and
Toy
NAYS None
PRESENT McCann
The President declared the resolution adopted
During Audience Communication, Jeff Myers, 18202 Melvin Street,
Livonia, addressed Council to express his concern regarding payment arrangements
for membership fees at the Livonia Community Recreation Center Mr Myers stated
Regular Meeting Minutes of August 27, 2008 36821
he has been in contact with a representative of the Recreation Center and was
advised the computer software utilized prevents quarterly billing, which creates an
undue hardship for families to be required to pay the annual fee in a lump sum Mr
Myers requested Council look into the matter to retain residents' memberships
Mayor Kirksey acknowledged the concern expressed by Mr Myers
with regard to lump-sum payment requirements at the Recreation Center for
membership fees and indicated the problem should be resolved
President Toy introduced Laura Cox, Wayne County Commissioner,
who addressed Council to express her support of the Intergovernmental Agreement
between the City of Livonia and Wayne County to share the cost of improvements at
various City pools with grant funds (Agenda Item #14)
President Toy announced the following Public Hearings to be held on
Monday, September 29, 2008, at the Auditorium of City Hall, 33000 Civic Center
Drive, Livonia, MI, at 6 30 p m
Brenda Jo Beck, Manager — Property and Payroll Tax, Ford Motor
Company, requesting approval of an Industrial Facilities Exemption
Certificate for the acquisition and installation of new equipment at the
Livonia Transmission Plant, located at 36200 Plymouth Road (IDD
#1),
To determine Necessity on a Proposed Special Assessment Street
Lighting Project for Churchill Manor Site Condominiums, located west
of Newburgh Road, between Ann Arbor Trail and Joy Road, in the
Southeast 1/4 of Section 31, and
Petition 2008-06-01-03 submitted by West Bay Exploration requesting
to rezone a portion of the property located east of Haggerty Road and
adjacent to the 1-275 Expressway (19860 Haggerty Road), between
Seven Mile Road and Eight Mile Road in the Southwest % of Section
6, from PO II to C-4 II (High Rise Professional Office — 8 Stories to
High Rise Commercial — 8 Stories)
On a motion by Meakin, seconded by McCann, it was
#351-08 RESOLVED, that having considered an application from
Dawn Nowicki, 30905 Orangelawn, dated July 23, 2008, requesting
permission to close Orangelawn between Sunset and Dalhay on
Saturday, September 6, 2008, 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, the action taken herein being made subject
to the approval of the Police Department.
Regular Meeting Minutes of August 27, 2008 36822
#352-08 RESOLVED, that having considered an application from
Caren Shatter, 15642 Sussex, dated July 31, 2008, requesting
permission to close Sussex between Fitzgerald and Sherwood on
Saturday, September 6, 2008, from 2 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, September 7, 2008, in the event of inclement
weather, the action taken herein being made subject to the approval of
the Police Department.
#353-08 RESOLVED, that having considered an application from
Matthew Papp, 11405 Arden, dated August 1, 2008, requesting
permission to close Arden between Elmira and Orangelawn on
Saturday, September 6, 2008, from 1*00 pm to 10 00 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.
#354-08 RESOLVED, that having considered an application from
Thomas Hall, 16620 Country Club Drive, dated August 4, 2008,
requesting permission to close Country Club between Wood and
Grove on Saturday, September 6, 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, September 13, 2008, in the event of
inclement weather, the action taken herein being made subject to the
approval of the Police Department.
#355-08 RESOLVED, that having considered a letter from Sandy
O'Daniel, Administrative Assistant, Newburg United Methodist Church,
dated July 21, 2008, which requests permission to display
approximately eighteen (18) signs announcing the Newburg United
Methodist Church Mom-to-Mom Sale to be conducted on Saturday,
September 27, 2008, and announcing the Newburg United Methodist
Church Rummage Sale to be conducted on Thursday, October 2,
2008, through Saturday, October 4, 2008, which signs are to be 18"x
24" in size and which will be displayed at various locations in the City
no earlier than Saturday, September 20, 2008, for the Mom-to-Mom
Sale and Thursday, September 25, 2008, for the Rummage Sale and
removed no later than Sunday, September 28, 2008, for the Mom-to-
Mom Sale and Sunday, October 5, 2008, for the Rummage Sale, the
Council does hereby grant and approve this request in the manner and
form herein submitted, with the understanding that the City is not
responsible should the signs be removed by Wayne County
Regular Meeting Minutes of August 27, 2008 36823
#356-08 RESOLVED, that having considered a letter from Robyn
Olczak, PTSA President, Frost Middle School, dated July 17, 2008,
which requests permission to display two (2) 62" x 31" wooden signs at
the corners of Farmington and Lyndon and Stark and Schoolcraft,
which signs shall be installed no earlier than Sunday, October 19,
2008, and removed no later than Sunday, November 2, 2008, and
sixty-six (66) 22" x 28" signs at various locations in the City announcing
the PTSA's 32nd Annual Craft Show to be held at Frost Middle School
on Saturday, November 1, 2008, which signs shall be installed no
earlier than Sunday, October 26, 2008, and removed no later than
Sunday, November 2, 2008, the Council does hereby grant and
approve this request in the manner and form herein submitted, with the
understanding that the City is not responsible should the signs be
removed by Wayne County
#357-08 RESOLVED, that having considered a letter from Dawn
Czech, Franklin High School Patriots Club, dated July 29, 2008, which
requests permission to display signs announcing their Fall 2008 and
Spring 2009 Craft Shows to be conducted on Saturday, November 15,
2008, and Saturday, March 21, 2009, which signs are to be 24"x 22" in
size and which will be displayed at various locations in the City no
earlier than Saturday, November 8, 2008, and removed no later than
Sunday, November 16, 2008, for the Fall Craft Show, and no earlier
than Saturday, March 14, 2009, and removed no later than Sunday,
March 22, 2009, for the Spring Craft Show, the Council does hereby
grant and approve this request in the manner and form herein
submitted, with the understanding that the City is not responsible
should the signs be removed by Wayne County
#358-08 RESOLVED, that having considered a letter from Virginia
Pochloff, St. Mary's Guild-Marycrest Manor, dated July 30, 2008, which
requests permission to display approximately ten (10) signs
announcing the Marycrest Manor 6th Annual Yard Sale Benefit to be
conducted on Thursday, September 4, 2008, through Saturday,
September 6, 2008, which signs are to be 18" x 24" in size and which
will be displayed at various locations in the City no earlier than
Thursday, August 28, 2008, and removed no later than Sunday,
September 7, 2008, the Council does hereby grant and approve this
request in the manner and form herein submitted, with the
understanding that the City is not responsible should the signs be
removed by Wayne County
#359-08 RESOLVED, that having considered a communication
from the City Clerk, dated July 28, 2008, forwarding an application
submitted by Donna Pattison, 24462 Hanover, Dearborn Heights,
Michigan 48125, for a Massage Apprentice Permit and in accordance
Regular Meeting Minutes of August 27, 2008 36824
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
#360-08 WHEREAS, the Conference of Western Wayne (CWW)
and the Downriver Community Conference (DCC), consortiums of 34
Wayne County communities whose total population exceeds 1,000,000
and is an area that hosts a major percentage of Michigan citizens and
businesses, and are organizations that have consistently joined in
efforts to improve local government and enhance the quality of life for
area residents through municipal cooperation, and
WHEREAS, in our ongoing collaboration it is evident that the services
we offer are important to the fabric of our community and often attract
people to move to our communities and remain in our cities and
townships, and
WHEREAS, regional collaboration affords flexibility in budgeting
without diminishing the way of life in our community, and
WHEREAS, regional collaboration with the potential establishment of a
large benefits/purchasing cooperative will help our member
communities save money as well as provide equal or improved
benefits for municipal employees, and
WHEREAS, regional collaboration in a project of this nature, that will
include opt in and opt out provisions, creates a guaranteed winning
strategy for long range cost savings, and
WHEREAS, CWW and DCC communities will become even more
economically competitive and economically stable if the cooperative
can be successfully established,
NOW THEREFORE BE IT RESOLVED, that the City of Livonia hereby
strongly supports the grant application submitted by CWW and DCC to
the Governor's Center for Regional Excellence Program, and
NOW THEREFORE BE IT FURTHER RESOLVED, that the City of
Livonia will designate a representative from the existing formulation
committee to attend discussion meetings for the Governor's Center for
Regional Excellence Program and additionally will keep our citizens
informed about the project and have avenues for their comments and
questions, and
Regular Meeting Minutes of August 27, 2008 36825
BE IT FINALLY RESOLVED, that the City of Livonia looks forward to
participation in the Governor's Center for Regional Excellence Program
in order to successfully create a formal municipal benefits/purchasing
cooperative
#361-08 RESOLVED, that having considered a communication
from the Human Resources Director, dated July 17, 2008, which bears
the signature of the Director of Finance and is approved for submission
by the Mayor, which transmits Civil Service Commission resolution 08-
151, recommending approval of salary and fringe benefit adjustments
for the classification of Fire Chief for the period December 1, 2005,
through November 30, 2008, pursuant to the summary attached to the
aforesaid communication, the Council does hereby approve the
recommended salary and benefit adjustments for the period December
1, 2005, through November 30, 2008, pursuant to the attached
summary; FURTHER, the Council does hereby determine that all other
benefits not elaborated in the attached summary as extended to
Livonia Fire Fighters in their December 1, 2005, through November 30,
2008, Agreement be afforded to the classification of Fire Chief
#362-08 RESOLVED, that having considered the report and
recommendation of the Human Resources Director, dated July 17,
2008, approved for submission by the Mayor, which transmits Civil
Service Commission resolution 08-152, and the report and
recommendation of the Director of Community Resources, dated June
18, 2008, requesting approval of grant classifications and pay rates for
fiscal year 2008-2009, the Council does hereby approve the revised
grant classifications and pay rates (representing a 3% rate increase
over current rates) for fiscal year 2008-2009 to be effective September
1, 2008, with the only benefit provided being holiday pay after the
completion of 480 hours, subject to sufficient funding and these
positions shall terminate at such time funding is no longer available
#363-08 RESOLVED, that having considered the report and
recommendation of the Superintendent of Parks and Recreation, dated
July 29, 2008, which bears the signature of the Finance Director and is
approved for submission by the Mayor, the Council does hereby
accept the bid of Conex, Inc , 4376 Beecher Road, Flint, Michigan
48532, for completing all work required in connection with the
installation of a sewage disposal system for Idyl Wyld Golf Course for
the total price of $23,544 00, the same having been in fact the lowest
bid received and meets all specifications, FURTHER, the Council does
hereby authorize an expenditure in the amount of $23,544 00 from
funds already budgeted in Account No 409-000-974-102 for this
purpose, and the Mayor and City Clerk are hereby authorized to
execute a contract for and on behalf of the City of Livonia with the
Regular Meeting Minutes of August 27, 2008 36826
aforesaid bidder and to do all other things necessary or incidental to
the full performance of this resolution
#364-08 RESOLVED, that having considered a communication
from the Superintendent of Parks and Recreation, dated August 11,
2008, which bears the signature of the City Attorney and the Director of
Finance and is approved for submission by the Mayor, to which is
attached a proposed Intergovernmental Agreement between the
County of Wayne and the City of Livonia for improvements at Botsford
Pool, Clements Circle Pool and Shelden Pool, with the County sharing
in the costs of the improvements with grant funds in the amount of
$70,000 00, the Council does hereby authorize the Mayor and City
Clerk, for and on behalf of the City of Livonia, to execute this
Agreement in the manner and form herein submitted and to do all
things necessary or incidental to the full performance of this resolution
#365-08 RESOLVED, that having considered the report and
recommendation of the City Engineer - Operations, dated July 25,
2008, which bears the signature of the Director of Public Works and
the Director of Finance and is approved for submission by the Mayor,
regarding two Change Orders for additional work required in
connection with the interior renovations on Fire Stations No 5 & 6
previously authorized in Council Resolution 555-07, adopted on
November 7, 2007, the Council does hereby approve the two Change
Orders as submitted and hereby authorizes an expenditure in the
additional amount of $11,983 00 from funds already budgeted in
Account No 101-338-981-000, to be paid to RS-RE Enterprises,
32125 Block, Garden City, Michigan 48135, for this additional work.
#366-08 RESOLVED, that having considered the report and
recommendation of the City Engineer - Operations, dated August 5,
2008, which bears the signature of the Director of Public Works, the
Director of Finance and the Director of Community Resources and is
approved for submission by the Mayor, the Council does hereby
accept the bid of Mobility Transportation, 42000 Koppernick, #A3,
Canton, Michigan 48187, for supplying the Department of Community
Resources with one (1) Ford XL Superduty Extended E-350 van for a
total price of $36,180 00, the same having been in fact the lowest bid
received and meets all specifications, and the amount of $36,180 00 is
hereby authorized to be expended from funds already budgeted in
Account No 297-751-985-000 for this purpose
#367-08 RESOLVED, that having considered the report and
recommendation of the City Engineer (Utilities and Engineering), dated
August 7, 2008, which bears the signature of the Director of Finance,
the Director of Public Works and the Housing Director and is approved
Regular Meeting Minutes of August 27, 2008 36827
for submission by the Mayor, the Council does hereby accept the unit
price bid of ABC Paving Company, 2650 Van Horn Road, Trenton,
Michigan 48183, for completing all work required in connection with the
Silver Village Pavement Resurfacing Project, including the parking lots
and the Lyndon Court roadway within the Silver Village Complex
(Contract 08-T) for the estimated total cost of $223,694 80, 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 authorize an expenditure from
funds already budgeted in the amount of $60,000 00 from Account No
296-831-938-000 (Grounds Maintenance), FURTHER, the Council
does hereby appropriate and authorize an expenditure in the amount
of$62,482 05 from the Unexpended Fund Balance of the Silver Village
Fund (296) for this purpose, FURTHER, the Council does hereby
appropriate and authorize an expenditure in the amount of
$101,212 75 (Lyndon Court resurfacing) from the Unexpended Fund
Balance of the Road, Sidewalk and Tree Fund (204) for this purpose,
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 and to do all
other things necessary or incidental to the full performance of this
resolution
#368-08 RESOLVED, that having considered the report and
recommendation of the City Engineer (Utilities and Engineering), dated
August 7, 2008, which bears the signature of the Director of Finance, is
approved by the Director of Public Works and approved for submission
by the Mayor, the Council does hereby approve a Change Order to
Contract 08-C in the amount of $372,343 90 payable to Florence
Cement Company, 12798 23 Mile Road, Shelby Township, Michigan
48315, for additional work requested by the City consisting of the
paving of Schoolcraft Road, eastbound from Hillcrest Avenue to east of
Melvin Street in connection with the 2008 Concrete Road Repair
Program — Reconstruction Project previously authorized in Council
Resolution 166-08, for the reasons indicated in the aforementioned
report and recommendation, FURTHER, the Council does hereby
approve a change order to the existing 2008 contract with Anderson,
Eckstein and Westrick, Inc. in the amount of $33,883 30 payable to
Anderson, Eckstein and Westrick, Inc., 51301 Schoenherr Road,
Shelby Township, Michigan 48315, for additional consulting services in
connection with the 2008-2010 Road Repair Program previously
authorized in Council Resolution 506-07, for the reasons indicated in
the aforementioned report and recommendation, FURTHER, the
Regular Meeting Minutes of August 27, 2008 36828
Council does hereby appropriate and authorize the expenditure of a
sum not to exceed $406,227 20 from Unexpended Fund Balance of the
Road, Sidewalk and Tree Fund (204) for this purpose
#369-08 RESOLVED, that having considered a communication
from the City Planning Commission, dated July 15, 2008, which
transmits its resolution 07-53-2008, adopted on July 8, 2008, with
regard to a Sign Permit Application, Petition 2008-05-SN-03, submitted
by The Blain Group, requesting approval for a ground sign for the high-
rise office building (Cambridge Center) on property located on the
south side of Six Mile Road, between Haggerty Road and the 1-275/96
Expressway (38777 Six Mile Road), in the Northwest V4 of Section 18,
the Council does hereby concur in the recommendation of the Planning
Commission and approve the said Sign Permit Application, subject to
the following conditions
1 That the Sign Package submitted by The Blain Group, as
received by the Planning Commission on May 23, 2008, is
hereby approved and shall be adhered to,
2 That the petitioner shall correct to the Inspection Department's
satisfaction the items outlined in the correspondence dated
June 13, 2008, and
3 That the specific plans referenced in this approving resolution
shall be submitted to the Inspection Department at the time the
sign permits are applied for
#370-08 RESOLVED, that having considered a communication
from the City Planning Commission, dated August 4, 2008, which
transmits its resolution 07-63-2008, adopted on July 22, 2008, with
regard to a Sign Permit Application, Petition 2008-05-SN-04, submitted
by Tino Del Signore, requesting approval for a ground sign for the
Laurel Manor Banquet Center on property located on the north side of
Schoolcraft Road, between Hix Road and Eckles Road (39000
Schoolcraft Road), in the Southwest % of Section 19, the Council does
hereby concur in the recommendation of the Planning Commission and
approve the said Sign Permit Application, subject to the following
conditions (as modified)
1 That the Sign Package submitted by Tino Del Signore, as
received by the Planning Commission on May 23, 2008, is
hereby approved and shall be adhered to,
6110
Regular Meeting Minutes of August 27, 2008 36829
2 That no LED Iightband or exposed neon shall be permitted on
this site including, but not limited to, the building or around the
windows,
3 That any additional signage shall come back before the
Planning Commission and City Council for their review and
approval,
4 That this approval is subject to the petitioner being granted a
variance from the Zoning Board of Appeals for excess signage
and the electric reader board portion of the sign and any
conditions related thereto,
5 That the electronic sign message shall not contain any scrolling
or moving messages or graphics, shall not flash or blink, shall
not contain animated graphics, shall not contain messages or
graphics from off premise advertisers or messages for anything
but petitioner's on-site business, and the sign message shall not
change more than one (1) time every twenty (20) seconds,
6 That the sign may consist of a multi-colored letter display and
7 be illuminated twenty-four (24) hours a day;
That the petitioner shall enter into a written agreement with the
City which sets forth the understanding that the sign shall not
contain messages or graphics from off premise advertisers or
messages for anything but petitioner's on-site business,
8 That the specific plans referenced in this approving resolution
shall be submitted to the Inspection Department at the time the
sign permits are applied for; and
9 That in the event petitioner or his successors or assigns violates
conditions Nos 5 and 7 above, this approval shall immediately
terminate and the appropriate Building Department official shall
order the sign removed
#371-08 RESOLVED, that having considered a communication
from the City Planning Commission, dated July 15, 2008, which
transmits its resolution 07-54-2008, adopted on July 8, 2008, with
regard to a Sign Permit Application, Petition 2008-05-SN-05, submitted
by Diamond Holdings, on behalf of Walgreens, requesting approval for
signage for a commercial building (Walgreens), on property located on
the south side of Eight Mile Road, between Farmington Road and
Shadyside Road (33239 Eight Mile Road), in the Northwest 1/4 of
Section 3, the Council does hereby concur in the recommendation of
Regular Meeting Minutes of August 27, 2008 36830
the Planning Commission and approve the said Sign Permit
Application, subject to the following conditions
1 That the Sign Package submitted by Diamond Holdings, as
received by the Planning Commission on June 23, 2008, is
hereby approved and shall be adhered to,
2 That these wall signs shall not be illuminated beyond one (1)
hour after this businesses closes,
3 That no LED lightband or exposed neon shall be permitted on
this site including, but not limited to, the building or around the
windows,
4 That any additional signage shall come back before the
Planning Commission and City Council for their review and
approval, and
5 That the specific plans referenced in this approving resolution
shall be submitted to the Inspection Department at the time the
sign permits are applied for
#372-08 RESOLVED, that having considered a communication
from the City Planning Commission, dated July 28, 2008, which
transmits its resolution 07-59-2008, adopted on July 22, 2008, with
regard to Petition 2008-05-02-16, submitted by CVS Pharmacy
requesting waiver use approval to operate SDD and SDM liquor
licenses on property located on the north side of Five Mile Road,
between Newburgh Road and Fitzgerald Street (37340 Five Mile
Road), in the Southwest 1/4 of Section 17, which property is zoned C-1,
the Council does hereby concur in the recommendation made by the
City Planning Commission and Petition 2008-05-02-16, as amended, is
hereby approved for the use of the SDM license only, subject to the
following condition
1 That all conditions imposed by Council Resolution #610-06,
which granted approval to construct a pharmacy with drive-up
window facilities at this location under Petition 2006-10-02-28,
shall remain in effect to the extent that they are not in conflict
with this approval
FURTHER, the Council does hereby waive the 1,000 foot separation
requirement between SDM licensed establishments with respect to this
Petition FURTHER, the Council does hereby concur in the
recommendation of the Planning Commission and the use of an SDD
liquor license only is hereby denied for the following reasons
Regular Meeting Minutes of August 27, 2008 36831
L. 1 That the petitioner has failed to affirmatively show that the
proposed use of an SDD license is in compliance with all of the
special and general waiver use standards and requirements as
set forth in Sections 11 03 and 19 06 of the Zoning Ordinance,
2 That the proposed use fails to comply with the Zoning
Ordinance standards set forth in Section 10 03 (g)(1) with
respect to the requirement that there be at least a 1,000 foot
separation between SDD licensed establishments,
3 That this area of the City is currently well served with SDD
licensed establishments selling packaged alcoholic beverages,
and
4 That the petitioner has not sufficiently demonstrated a need in
the area for additional sales of packaged alcoholic beverages
such as are permitted by the utilization of an SDD license
#373-08 RESOLVED, that having considered a communication
from the City Planning Commission, dated July 30, 2008, which
transmits its resolution 07-61-2008, adopted on July 22, 2008, with
regard to Petition 2008-06-02-19, submitted by Panera, L LC
requesting waiver use approval to increase the total seating capacity of
the full service restaurant (Panera Bread), which includes both indoor
and outdoor dining facilities on property located on the east side of
Haggerty Road, between Seven Mile Road and Eight Mile Road
(20140 Haggerty Road), in the Northwest 1/4 of Section 6, which
property is zoned C-2, the Council does hereby concur in the
recommendation made by the City Planning Commission and Petition
2008-06-02-19 is hereby approved and granted, subject to the
following conditions
1 That the Architectural Site Plan marked Sheet AS-1 prepared by
Maxwell Johanson Maher Architects, dated July 22, 2008, is
hereby approved and shall be adhered to,
2 That the Equipment Plan marked Sheet EQ-2 1 prepared by
Maxwell Johanson Maher Architects, dated July 22, 2008, is
hereby approved and shall be adhered to, with the outdoor
seating being confined to portions of the patio area adjacent to
the west side of the subject restaurant building as shown on
said plan,
Regular Meeting Minutes of August 27, 2008 36832
3 That the maximum number of customer seats shall not exceed
144 seats, including 111 seats inside the building and 33
outdoor seats,
4 That the petitioner shall comply with the following stipulations in
the correspondence dated June 24, 2008, from the Inspection
Department:
That a minimum aisle spacing of at least 44 inches shall
be maintained in walkways and at the exit discharge
areas for both doors,
That the tables nearest the accessible ramp shall be
positioned to allow ramp users to have a direct line to the
entry door
5 That trash receptacles shall be provided for the outdoor seating
area and shall be emptied regularly as needed,
6 That all conditions imposed by Council Resolution #52-07,
which granted waiver use approval to construct and operate a
full service restaurant at this location under Petition 2006-11-02-
31, shall remain in effect to the extent that they are not in
conflict with this approval,
7 That the sound levels of outdoor speakers shall be kept at an
acceptable decibel level so as to not become objectionable, and
8 That the specific plans referenced in this approving resolution
shall be submitted to the Inspection Department at the time of
application for a Zoning Compliance Permit for the outdoor
dining
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
McCann gave first reading to the following Ordinance
AN ORDINANCE AMENDING SECTION 250 OF TITLE 5, CHAPTER
84 (TAXICABS) OF THE LIVONIA CODE OF ORDINANCES, AS
AMENDED
Regular Meeting Minutes of August 27, 2008 36833
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
On a motion by McCann, seconded by Meakin, and unanimously
adopted, it was
#374-08 RESOLVED, that having considered a letter from Loretta
Long, Craft Show Coordinator, Riverside Park Church of God, dated
July 14, 2008, which requests permission to display signs announcing
their Fall Craft Show to be conducted on Friday, October 24, 2008, and
Saturday, October 25, 2008, which signs are to be no larger than 24" x
18" in size and shall be displayed at various locations in the City, no
earlier than Saturday, October 18, 2008, and removed no later than
Sunday, October 26, 2008, the Council does hereby grant and approve
this request in the manner and form herein submitted, with the
understanding that the City is not responsible should the signs be
removed by Wayne County
Garnetta Vaughn, 38835 Richland, Livonia, representative of Riverside Park Church
of God, was present at the meeting to answer any questions of Council
On a motion by Knapp, seconded by Robinson, and unanimously
adopted, it was
#375-08 RESOLVED, that having considered a letter from Jamie
Dudley, Treasurer, Livonia Gymnastics Academy Booster Club, dated
July 24, 2008, the Council does hereby take this means to indicate that
Livonia Gymnastics Academy Booster Club is recognized as a non-
profit organization operating in the community, and the action herein
being taken for the purpose of affording Livonia Gymnastics Academy
Booster Club an opportunity to obtain a charitable gaming license or
registration from the State of Michigan in accordance with provisions of
State statute
Lisa Brewer, 17425 Stamwich, Livonia, and Denise Justice, 32449 Washington,
Livonia, representatives of Livonia Gymnastics Academy Booster Club, were present
at the meeting to answer any questions of Council
Regular Meeting Minutes of August 27, 2008 36834
On a motion by Meakin, seconded by Godfroid-Marecki, and
unanimously adopted, it was.
#376-08 RESOLVED, that having considered a communication
from the Michigan Liquor Control Commission, dated October 9, 2007,
and the report and recommendation of the Chief of Police, dated July
21, 2008, approved for submission by the Mayor, the Council does
hereby approve of the request from RAAGA International, LLC to
transfer ownership of a 2007 Class C licensed business with
Entertainment Permit, located in escrow at 5955 Allen, Allen Park,
Michigan 48101, Wayne County, from 5955 Inc. and to transfer
location (Governmental Unit) (MCL 436 1531[1]) to 37116 Six Mile
Road, 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
Rakesh Sabharwal, 1491 Wisteria Drive, Ann Arbor, representative of RAAGA
International, LLC, was present at the meeting to answer any questions of Council
Knapp stepped down from the podium at 8.25 p m to avoid a
perceived conflict of interest.
On a motion by Godfroid-Marecki, seconded by Laura, it was
#377-08 RESOLVED, that having considered a communication
from the City Planning Commission dated July 15, 2008, which
transmits its resolution 07-55-2008, adopted on July 8, 2008, with
regard to a Sign Permit Application, Petition 2008-05-SN-06, submitted
by Schostak Brothers & Company, requesting approval for wall
signage for the office buildings (Laurel Park), on property located on
the east side of Laurel Park Drive, between Six Mile Road and Seven
Mile Road (17370, 17380, and 17390 Laurel Park Drive North), in the
Southeast 1/4 of Section 7, the Council does hereby concur in the
recommendation of the Planning Commission and approve the said
Sign Permit Application, subject to the following conditions
1 That the Sign Package submitted by Schostak Brothers &
Company, as received by the Planning Commission on June 4,
2008, is hereby approved and shall be adhered to,
2 That these wall signs shall not be illuminated beyond one (1)
hour after this business closes,
Regular Meeting Minutes of August 27, 2008 36835
3 That no LED lightband or exposed neon shall be permitted on
this site including, but not limited to, the building or around the
windows,
4 That any additional signage shall come back before the
Planning Commission and City Council for their review and
approval,
5 That this approval is subject to the petitioner being granted a
variance from the Zoning Board of Appeals for excess signage
and any conditions related thereto, and
6 That the specific plans referenced in this approving resolution
shall be submitted to the Inspection Department at the time the
sign permits are applied for
A roll call vote was taken on the foregoing resolution with the following result:
AYES Meakin, Robinson, Godfroid-Marecki, McCann, Laura,
and Toy
NAYS None
The President declared the resolution adopted
Knapp returned to the podium at 8 26 p m
On a motion by Knapp, seconded by Godfroid-Marecki, it was
#378-08 RESOLVED, that having considered a communication
from the City Planning Commission, dated August 4, 2008, which
transmits its resolution 07-62-2008, adopted on July 22, 2008, with
regard to Petition 2008-06-02-20, submitted by Livonia Phoenix,
L.L.0 , requesting waiver use approval for a Planned General
Development consisting of a total of approximately 320,180 square
feet of retail building area (Livonia Marketplace) on property located on
the north side of Seven Mile Road between Middlebelt Road and •
Purlingbrook Avenue (29514 Seven Mile Road), in the Southwest 1/4 of
Section 2, which property is zoned C-2 and P, the Council does hereby
refer this matter to the Committee of the Whole for its report and
recommendation
A roll call vote was taken on the foregoing resolution with the following result:
AYES Meakin, Robinson, Knapp, Godfroid-Marecki, McCann,
and Toy
Regular Meeting Minutes of August 27, 2008 36836
NAYS Laura
The President declared the resolution adopted
Ben Tiseo, 19815 Farmington Road, Livonia, addressed Council to express his
support of the redevelopment of the property located on the north side of Seven Mile
Road between Middlebelt Road and Purlingbrook Avenue (Livonia Marketplace)
On a motion by Robinson, seconded by Knapp, it was
#379-08 RESOLVED, that having considered a communication
from the City Planning Commission, dated August 4, 2008, which
transmits its resolution 07-62-2008, adopted on July 22, 2008, with
regard to Petition 2008-06-02-20, submitted by Livonia Phoenix,
L.L.0 , requesting waiver use approval for a Planned General
Development consisting of a total of approximately 320,180 square
feet of retail building area (Livonia Marketplace) on property located on
the north side of Seven Mile Road between Middlebelt Road and
Purlingbrook Avenue (29514 Seven Mile Road), in the Southwest 1/4 of
Section 2, which property is zoned C-2 and P, the Council does hereby
refer this matter to the City Planning Commission to develop green
standards
A roll call vote was taken on the foregoing resolution with the following result:
AYES Meakin, Robinson, Knapp, McCann, and Laura
NAYS Godfroid-Marecki and Toy
The President declared the resolution adopted
Mayor Kirksey addressed Council to express that the redevelopment of the property
located on the north side of Seven Mile Road between Middlebelt Road and
Purlingbrook Avenue is a time-sensitive project and encouraged Council to keep the
issue of creating higher green standards separate from the redevelopment of this
property (Livonia Marketplace)
Ben Tiseo, 19815 Farmington Road, Livonia, addressed Council to caution Council
about misinformation regarding creating green standards and the misconception of
cost savings to communities in developing such projects (Livonia Marketplace)
There was no Audience Communication at the end of the meeting
Meakin wished a Happy Birthday to his daughter, Kellieanne, who
turned 12 on Sunday, August 24, 2008, and a Happy Birthday to Vice-President
Godfroid-Marecki who also celebrated her birthday on August 24tn
Regular Meeting Minutes of August 27, 2008 36837
Knapp wished his nephew, Ethan Hall, and Vice-President Godfroid-
Marecki Happy Birthdays Knapp indicated his nephew turned 6 years old on
August 24th
Robinson wished his niece, Morgan Roberts, a Happy Birthday and
indicated Morgan celebrated her 3rd birthday on August 26, 2008
On a motion by Knapp, seconded by Laura, this 1,615th Regular
Meeting of the Council of the City of Livonia was adjourned at 8 52 p m
JO .44
Linda Grimsby, City Cie/