HomeMy WebLinkAboutCOUNCIL MINUTES 2008-09-10 36845
MINUTES OF THE ONE THOUSAND SIX HUNDRED SIXTEENTH
REGULAR MEETING OF SEPTEMBER 10, 2008
On September 10, 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 Robinson led the meeting with the
Pledge of Allegiance
Roll was called with the following result: Thomas Robinson, Don
Knapp, Terry Godfroid-Marecki, James McCann, Brian Meakin, and Laura Toy
Absent: Joe Laura
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, and Mayor Jack
Kirksey
On a motion by Knapp, seconded by Meakin, and unanimously
adopted, it was
#380-08 RESOLVED that the Minutes of the 1,615th Regular
Meeting of the Council held August 27, 2008 are hereby approved as
submitted
State Representative John Pastor addressed Council to announce the
14th Annual Senior Celebration scheduled for Friday, October 10, 2008, at 9 00 a m
to take place at Laurel Manor Mr Pastor indicated tickets for the event are $5 00
and are available at the Senior Center, the Civic Center Library, and through City
Hall If anyone has questions about this event, they were instructed to call Mr
Pastor's office at (517) 373-3920
President Toy announced there would be an "X" item discussed at the
end of the meeting concerning a request for non-profit designation as submitted by
the Livonia Junior Athletic League
Regular Meeting Minutes of September 10, 2008 36846
President Toy announced the following Public Hearing to be held on
Monday, October 13, 2008, at the Auditorium of City Hall, 33000 Civic Center Drive,
L. Livonia, MI, at 7•00 p m
Petition 2008-06-01-04 submitted by 30650 Plymouth L L C
requesting to rezone a portion of the property located on the north side
of Plymouth Road, between Merriman Road and Sears Drive (30650
and 30660 Plymouth Road), in the Southwest 1/4 of Section 26 from M-
1 to C-2 (Light Manufacturing to General Business)
On behalf of Council and the Mayor, Godfroid-Marecki presented a
commendation to former Library Commissioner, Richard Joyner, and thanked him
for his many years of service and dedicated leadership and volunteer work
throughout the City
On behalf of Council and the Mayor, McCann presented a
commendation to Bill LaPine, former member of the Planning Commission McCann
indicated Mr LaPine began working for the Zoning Board of Appeals in 1961, he
served on the Planning Commission from 1988 through June, 2008, and McCann
thanked him for his many years of dedicated service to the City
During Audience Communication, Dwayne Roszkowski, 14139
Berwick, addressed Council to express his opposition to the removal of stop signs
within his neighborhood and indicated the letter he received from the City indicated
the changes would be effective within ten (10) days which he felt was insufficient
notice Mr Roszkowski requested Council look into repealing the removal of stop
signs from his neighborhood
Eric Benninger, 14108 Berwick, addressed Council to express his
opposition to the removal of stop signs within his neighborhood and requested to be
provided a copy of the actual traffic study performed which lead to the removal of
said stop signs
A communication from the Department of Finance, dated August 20,
2008, re forwarding various financial statements of the City of Livonia for the month
ending July 31, 2008, was received and placed on file for the information of the
Council
On a motion by Meakin, seconded by Godfroid-Marecki, it was
#381-08 RESOLVED, that having considered a letter from Dawn
Schornack and Michelle Allie, representing St. Edith School, received
in the Office of the City Clerk on August 15, 2008, which requests
Regular Meeting Minutes of September 10, 2008 36847
permission to display signs announcing their Fall Craft Show to be
conducted on Saturday, November 8, 2008, which signs are to be 22"
x 14" in size and shall be displayed at various locations in the City from
Sunday, November 2, 2008, through Sunday, November 9, 2008, and
to display one 48" x 36" sign in front of the school and Church from
Saturday, October 18, 2008, through Sunday, November 9, 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
#382-08 RESOLVED, that having considered a letter from
Catherine Anderson, MOPS Sale Coordinator, St. Edith and St.
Kenneth Parishes, dated August 12, 2008, which requests permission
to display signs announcing their Mom-to-Mom Sale to be conducted
on Saturday, October 11, 2008, at St. Edith's Church, which signs are
to be 23" x 14" in size and shall be displayed at various locations in the
City from Saturday, October 4, 2008, through Saturday, October 11,
2008, and to display one 2' x 3' sign in front of the Church from
Saturday, October 4, 2008, through Saturday, October 11, 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
#383-08 RESOLVED, that having considered a letter from Janet
Frost, Chairperson, Northwest Suburban Mothers of Multiples, which
requests permission to display signs announcing the Northwest
Suburban Mothers of Multiples Club Clothing Sale to be conducted on
Saturday, September 27, 2008, at St. Matthew's United Methodist
Church, which signs are to be 14" x 22" in size and which will be
displayed at various locations in the City no earlier than Saturday,
September 20, 2008, and removed no later than Saturday, September
27, 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
#384-08 RESOLVED, that having considered a letter from Linda
Cwiek, Rummage Sale Chairperson, St. Genevieve School, dated
August 14, 2008, which requests permission to display signs
announcing their Rummage Sale to be conducted on Friday and
Saturday, October 10 and October 11, 2008, which signs will be
displayed at various locations in the City no earlier than Friday,
October 3, 2008, and removed no later than Sunday, October 12,
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
Regular Meeting Minutes of September 10, 2008 36848
Lii #385-08 RESOLVED, that having considered a letter from Jean
Hishmeh, Child Watch/The Livonia Family YMCA, dated August 24,
2008, which requests permission to display signs announcing their
Mom 2 Mom Sale to be conducted on Sunday, September 28, 2008,
which signs are to be 24" x 18" in size and will be displayed at various
locations in the City no earlier than Monday, September 22, 2008, and
removed no later than Monday, September 29, 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
#386-08 RESOLVED, that having considered a communication
from the City Clerk, dated August 26, 2008, forwarding an application
submitted by Kimberly Robertson, 864 Harrison Street, Canton,
Michigan 48188, 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
#387-08 RESOLVED, that having considered a letter from
Deborah Lamarand, dated August 26, 2008, which requests
permission to waive Section 8 32 070 (Noise Control) of the Livonia
Code of Ordinances, as amended, in connection with a gathering for
family and friends to be held on Saturday, September 13, 2008, at
15690 Oak Drive, to allow the playing of music by a DJ from 5 30 p m
until 10 00 p m , the Council does hereby grant and approve this
request in the manner and form herein submitted
#388-08 RESOLVED, that having considered a letter from David
Schmerin, Bingham Development, LLC, dated August 12, 2008,
requesting a waiver of the sidewalk requirement in front of a newly-
constructed home located at 18660 Laurel Drive, and having further
considered the report and recommendation of the City Engineer, dated
August 22, 2008, approved for submission by the Mayor, the Council
does hereby approve this request inasmuch as omitting the sidewalk
on the subject property would have no detrimental effect upon the
neighboring properties at this time due to lack of any other public
sidewalks existing within the neighboring area, FURTHER, the Council
does hereby reserve the right to require sidewalks at this location in
the event that additional sidewalks are installed in this area at some
future date
Regular Meeting Minutes of September 10, 2008 36849
#389-08 WHEREAS, there exists in and for the City an imperative
need to acquire, construct, furnish and equip a district court building,
as well as site improvements and all appurtenances and attachments
therefore (the "District Court Building Project") and
WHEREAS, this City Council has determined, and does hereby
reaffirm, that it is necessary for the public health, safety and welfare of
the City to acquire and construct the District Court Building Project for
the use of the City; and
WHEREAS, Act 31, Public Acts of Michigan, 1948 (First Extra
Session), as amended, ("Act 31") provides through the procedures of
building authority financing a means for the acquisition, construction
and financing of the District Court Building Project; and
WHEREAS, the City, in accordance with the provisions of said Act 31,
as amended, has previously adopted Articles of Incorporation and has
established the Municipal Building Authority of Livonia (the "Authority"),
with full powers to acquire and construct the District Court Building
Project; and
WHEREAS, this City Council determines it to be in the best interest of
the City to acquire, construct and finance the District Court Building
Project through the Authority in accordance with the provisions of said
Act 31, as amended, and
WHEREAS, the Limited Tax Full Faith and Credit General Obligation
Contract of Lease (the "Contract") between the City and the Authority
providing for the acquisition, construction, furnishing and equipping of
the district court building and such matters as are deemed necessary
thereto has been prepared, and
WHEREAS, this City Council is desirous of publishing a Notice of
Intention of Entering into Contract so as to begin the statutory
referendum period, and
WHEREAS, the City intends, at this time to state its intentions to be
reimbursed from proceeds of the bonds to be issued by the Authority
for any expenditures undertaken by the City for the District Court
Building Project prior to issuance of the bonds, and
NOW, THEREFORE, BE IT RESOLVED THAT
1 The City Council hereby determines it to be necessary for the
public health, safety and welfare of the City to acquire and
Regular Meeting Minutes of September 10, 2008 36850
construct the District Court Building Project for the use of the
City
2 This City Council deems it to be in the best interest of the City to
finance all or part of the cost of acquiring and constructing the
District Court Building Project through the Authority in
accordance with the provisions of the aforesaid Act 31, as
amended, in the amount of not to exceed Nine Million Nine
Hundred Thousand Dollars ($9,900,000) with the remaining
portion of the cost of the District Court Building Project being
defrayed from funds on hand and legally available for such use
3 The City Council hereby approves the Contract for the
acquisition, construction and financing of the Project, as hereto
attached as Attachment A
4 The Notice of Intention of Entering into Contract of Lease as
hereto attached as Attachment B shall be published in the
Livonia Observer, a newspaper of general circulation in the City,
promptly upon adoption of this resolution, said Notice to appear
as a display advertisement at least one-quarter (1/4) page in
size
5 The City Council does hereby determine that the designated
newspaper is the newspaper circulating in the City which
reaches the largest number of persons to whom the aforesaid
Notice is directed and that publication of the aforesaid Notice in
the designated newspaper represents the most practical and
feasible means of informing the taxpayers and electors of the
City of the District Court Building Project and the financing
thereof A copy of the Contract shall be placed on file in the
office of the City Clerk and shall be available for public
examination no later than 30 days from the date of publication of
said Notice of Intent.
6 The Mayor and the City Clerk of the City are authorized to
execute immediately and deliver to the Authority the Contract
approved by this resolution The Contract shall become
effective upon the expiration of sixty (60) days following the date
of publication of the Notice of Intent of entering into limited tax
supported Contract of Lease by the City Clerk in the Livonia
Observer, unless under the provisions of Section 8b of Act 31
the effectiveness of the Contract is stayed by reason of the filing
of a petition for referendum thereon within forty-five (45) days of
the date of publication and the resultant necessity of prior
approval thereof by the qualified electors of the City
Regular Meeting Minutes of September 10, 2008 36851
7 The City Council does hereby ratify and confirm its covenant in
the Contract to levy ad valorem taxes against all taxable
property in the City to the extent necessary to meet the
obligations of the City thereunder in the event revenues from
other sources, are insufficient for any reason whatsoever Any
such taxes levied to pay the Cash Rentals under the Contract
shall be limited as to rate or amount in the manner provided by
law
8 The City hereby covenants to take all action within its control to
the extent permitted by law necessary to maintain the exclusion
of the interest on the bonds described in the Contract from
gross income for federal income tax purposes under the Internal
Revenue Code of 1986, as amended (the "Code"), including but
not limited to, actions relating to the rebate of arbitrage earnings
and the expenditure and investment of proceeds of the bonds
and moneys deemed to be proceeds of the bonds
9 The Finance Director, the Mayor and the City Clerk each is
hereby authorized and directed to execute and deliver such
documents, instruments and certificates, including without
limitation documents, instruments and certificates necessary or
desirable to satisfy the requirements of the Code in relation to
arbitrage and rebate
10 The Finance Director, the Mayor and the City Clerk each is
hereby authorized and directed, on behalf of the City and in
accordance with the City Charter and other applicable
procedures and ordinances, to take any and all actions, perform
any and all acts and execute any and all contracts, applications
and other documents as shall be required, necessary or
desirable to effect the proper public or private sale, execution
and delivery of the Bonds and to implement the Contract,
including, but not limited to making any filings for waivers or
otherwise with the Michigan Department of Treasury respecting
the Bonds, applying for ratings on the Bonds and consulting with
rating agencies in connection therewith, applying for municipal
bond insurance and consulting with insurance companies in
connection therewith, causing a preliminary and final official
statement with respect to the Bonds to be prepared
Lii The City hereby agrees to enter into an undertaking for the
benefit of the holders and beneficial owners of the Bonds
pursuant to Rule 15c2-12 of the U S Securities and Exchange
Commission and the Finance Director and the Mayor are hereby
Regular Meeting Minutes of September 10, 2008 36852
authorized to execute such undertaking prior to delivery of the
Bonds
12 The City hereby approves the retention of Miller, Canfield,
Paddock and Stone, P L C as bond counsel and Stauder,
Barch & Associates, Inc as financial advisor to the Authority
13 The City makes the following declarations for the purpose of
complying with the reimbursement rules of Treas Reg § 1 150-
2 pursuant to the Internal Revenue Code of 1986, as amended
(a) As of the date hereof, the City reasonably expects to
reimburse the City for the expenditures described in (b)
below with proceeds of debt to be incurred by the
Authority
(b) The expenditures described in this paragraph (b) are for
the costs of acquiring and constructing the District Court
Building Project which were or will be paid subsequent to
sixty (60) days prior to the date hereof
(c) The maximum principal amount of debt expected to be
issued for the District Court Building Project, including
issuance costs, is $9,900,000
(d) A reimbursement allocation of the expenditures
described in (b) above with the proceeds of the borrowing
described herein will occur not later than 18 months after
the later of (i) the date on which the expenditure is paid,
or (ii) the date the District Court Building Project is placed
in service or abandoned, but in no event more than three
(3) years after the original expenditure is paid A
reimbursement allocation is an allocation in writing that
evidences the City's use of the proceeds of the debt to be
issued for the District Court Building Project to reimburse
the City for a capital expenditure made pursuant to this
resolution
(e) The expenditures described in (b) above are "capital
expenditures" as defined in Treas Reg § 1 150-1(b),
which are any costs of a type which are properly
chargeable to a capital account (or would be so
chargeable with a prior election or with the application of
the definition of placed in service under Treas Reg §
1 150-2(c)) under general Federal income tax principles
(as determined at the time the expenditure is paid)
Regular Meeting Minutes of September 10, 2008 36853
(f) No proceeds of the borrowing paid to the City in
reimbursement pursuant to this resolution will be used in
a manner described in Treas Reg § 1 150-2(h) with
respect to abusive uses of such proceeds, including, but
not limited to, using funds corresponding to the proceeds
of the borrowing in a manner that results in the creation
of replacement proceeds (within Treas Reg § 1 148-1)
within one year of the reimbursement allocation
described in (d) above
(g) Expenditures for the District Court Building Project to be
reimbursed for the proceeds of the borrowing for
purposes of this resolution do not include costs for the
issuance of the debt of an amount not in excess of the
lesser of $100,000 or five percent of the proceeds of the
borrowing, or preliminary expenditure not exceeding
twenty (20) percent of the issue price of the borrowing,
within the meaning of Treas Reg § 1 150-2(f) (such
preliminary expenditures include architectural,
engineering, surveying, soil testing and similar costs
incurred prior to construction of the District Court Building
Project, which items can be reimbursed from bond
proceeds regardless of the adoption of this resolution, but
do not include land acquisition, site preparation, and
similar costs incident to commencement of construction,
which must fall within the parameters of this resolution to
be reimbursed from bond proceeds)
14 All resolutions and parts of resolutions insofar as the same
conflict with the provisions of this resolution be and the same
hereby are rescinded
#390-08 RESOLVED, that having considered the report and
recommendation of the Water and Sewer Board, dated August 8,
2008, which bears the signature of the Director of Finance and the City
Attorney and is approved for submission by the Mayor, wherein it is
recommended that the Council authorize updating the Wastewater
Discharge Control Ordinance to reflect the language used in the City of
Detroit Water and Sewerage Department Industrial Waste Control
Division Ordinance 08-05, the Council does hereby refer this matter to
the Department of Law for preparation of an appropriate amendment to
Title 13, Chapter 21 (Wastewater Discharge Control Ordinance) of the
Livonia Code of Ordinances, as amended, for submission to Council
Regular Meeting Minutes of September 10, 2008 36854
#391-08 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, and which
transmits resolution 2999-08 adopted by the Parks and Recreation
Commission on June 2, 2008, requesting approval of an Addendum to
the Lease Agreement between the City and the Livonia Hockey
Association to reflect a $3 00 per hour utility charge to all user groups
except the Livonia Parks and Recreation Programs and excluding the
Livonia Anniversary Committee, the Council does hereby approve this
request and the Department of Law is hereby requested to prepare an
appropriate Addendum to the Lease Agreement for users of ice
surface only and specifying that the addendum shall be for a two (2)
year term, FURTHER, the Council does hereby authorize the Mayor
and City Clerk, for and on behalf of the City of Livonia, to execute such
Addendum, subject to the approval as to form by the Department of
Law, as well as to do all other things necessary or incidental to the full
performance of this resolution
#392-08 RESOLVED, that having considered the report and
recommendation of the Superintendent of Parks and Recreation, dated
August 11, 2008, which bears the signature of the Director of Finance
and is approved for submission by the Mayor, the Council does hereby
determine that the two (2) City-owned portable basketball systems are
surplus property and does hereby authorize the sale of these two
portable basketball units to HYPE Athletics Community, P 0 Box 186,
Dearborn, Michigan 48121, for the amount of $5,000 00, such
proceeds to be deposited to Account No 208-000-698-000 (Sundry
Income), FURTHER, the Council does hereby accept the donation of
two residential basketball units from HYPE Athletics Community to
provide the Department of Parks and Recreation with more flexibility
for employee use and special events
#393-08 RESOLVED, that having considered the report and
recommendation of the City Engineer - Operations, dated August 8,
2008, which bears the signature of the Director of Public Works and
the Director of Finance and is approved for submission by the Mayor,
the Council does hereby accept the bid of Fisher Roofing Company,
5471 Sylvia Street, Dearborn Heights, Michigan 48125, for completing
all work required in connection with the Civic Park Senior Center roof
replacement in an amount not to exceed $78,350 00, the same having
been in fact the lowest bid received and meets all specifications,
FURTHER, the Council does hereby approve the transfer of
$25,000 00 from Account No 101-447-818-020 to Account No 401-
000-975-000 to make up the difference needed to complete the
project; FURTHER, the Council does authorize the expenditure of a
Regular Meeting Minutes of September 10, 2008 36855
sum not to exceed $78,350 00 from funds already budgeted in Account
No 401-000-975-000 for this purpose, and the Director of Public
Works 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
#394-08 RESOLVED, that having considered the report and
recommendation of the City Engineer - Operations, dated August 8,
2008, which bears the signature of the Director of Public Works and
the Director of Finance and is approved for submission by the Mayor,
the Council does hereby accept the bid of D&B Landscaping, Inc ,
13222 Merriman, Livonia, Michigan 48150, for completing all work in
connection with the Farmington/Five Mile portion of the irrigation
project in an amount not to exceed $17,621 00, FURTHER, the
Council does hereby accept the bid of Quigley Irrigation, 30017 Eight
Mile, Livonia, Michigan 48152, for completing all work in connection
with the Newburgh/Six Mile portion of the irrigation project in an
amount not to exceed $17,445 00, the same having been in fact the
lowest bid received and meets all specifications, FURTHER, the
Council does authorize an expenditure of a sum not to exceed
$35,066 00 from funds already budgeted in Account No 101-704-818-
000 for this purpose, and the Director of Public Works 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 bidders and to do all things necessary or incidental to the
full performance of this resolution
#395-08 RESOLVED, that having considered the report and
recommendation of the City Engineer - Operations, dated August 8,
2008, which bears the signature of the Director of Public Works and
the Director of Finance and is approved for submission by the Mayor,
the Council does hereby approve Change Order #3 in the amount of
$54,597 70 for additional work performed by B & V Construction,
48400 West Road, P 0 Box 930029, Wixom, Michigan 48393, to meet
additional MDEQ requirements in connection with the Glendale Landfill
Interim Remedial Action Plan (IRAP) implementation previously
authorized in Council Resolution 156-08 adopted on April 16, 2008,
FURTHER, the Council does hereby authorize an additional
expenditure in the amount of $25,431 00 for extra work necessary to
be performed by B & V Construction for grouting of the utilities
surrounding the landfill as required by MDEQ, and the total amount for
the additional work in the amount of$80,028 70 is hereby authorized to
be expended from funds already budgeted in Account No 205-527-
Regular Meeting Minutes of September 10, 2008 36856
818-041 (Municipal Refuse Fund Contractual Services — Landfill
Remediation) for this purpose
#396-08 RESOLVED, that having considered the report and
recommendation of the City Engineer, dated July 31, 2008, which
bears the signature of the Director of Public Works and is approved for
submission by the Mayor, with regard to a request from the Wayne
County Department of Public Services that the City take jurisdiction
and control of the entire on-site storm sewer collection system as part
of the development of a TCF National Bank at 13401 Middlebelt Road,
Livonia, Michigan, the Council does hereby determine as follows
1 To advise the Wayne County Department of Public Services
(Permit Section) that the City of Livonia has approved the storm
sewer site plans and further, that the City will accept jurisdiction
and maintenance (at no expense to the County) of the storm
sewer within the property located on the west side of Middlebelt
Road, south of Schoolcraft Road, in the Northeast 1/4 of Section
26 (See attached Maintenance Agreement from the owner,
TCF National Bank, indicating their willingness to reimburse the
City for any such maintenance that may become necessary),
2 To authorize the City Engineer to execute a Wayne County
permit on behalf of the City of Livonia in connection with the
above storm sewer construction, and
3 To authorize the Mayor to execute the maintenance agreement
on behalf of the City
#397-08 RESOLVED, that having considered a communication
from the City Planning Commission, dated July 30, 2008, which
transmits its resolution 07-60-2008, adopted on July 22, 2008, with
regard to Petition 2008-06-02-17, submitted by Livonia Café Shop,
requesting waiver use approval to operate a full service restaurant
(Livonia Café Shop) on property located on the east side of Middlebelt
Road, between St. Martin Avenue and Bretton Road (19622 Middlebelt
Road), in the Southwest 1/4 of Section 1, which property is zoned C-2
and OS, the Council does hereby concur in the recommendation made
by the City Planning Commission and Petition 2008-06-02-17 is hereby
approved and granted, subject to the following conditions
1 That the customer seating provided in connection with the
proposed restaurant shall be in accordance with the Tennant
Space Plan submitted by Livonia Café Shop, received by the
Planning Commission on June 6, 2008,
Regular Meeting Minutes of September 10, 2008 36857
2 That the maximum customer seating count shall not exceed 34
seats,
3 That only conforming signage is approved with this petition, and
any additional signage shall be submitted for review and
approval by the Planning Commission and City Council,
4 That no LED lightband or exposed neon shall be permitted on
the site including, but not limited to, the building or around the
windows,
5 That this approval is subject to the petitioner being granted any
needed variances from the Zoning Board of Appeals for
deficient number of parking spaces,
6 That all conditions imposed by Council Resolution #500-07,
which granted site plan approval for the renovation of the
subject commercial building under Petition 2007-08-08-14, shall
remain in effect to the extent that they are not in conflict with this
approval,
7 That the items outlined in the correspondence dated August 24,
L2007, from the Inspection Department shall be rectified to that
Department's satisfaction prior to the issuance of a Certificate of
Occupancy for the subject use,
8 That the subject use shall be a smoke-free environment and the
petitioner shall submit a no smoking contingency agreement to
the City; and
9 That the specific plan referenced in this approving resolution
shall be submitted to the Inspection Department at the time the
building permits are applied for
#398-08 RESOLVED, that having considered a communication
from the City Planning Commission, dated August 14, 2008, which sets
forth its resolution 08-67-2008, adopted on August 12, 2008, with
regard to a request from General Properties Company, L L C , on
behalf of Sunset View Site Condominiums, for a two-year extension of
the Master deed, bylaws and site plan approval in connection with
Petition 2006-03-08-07 regarding a proposal to construct a site
condominium development on property located on the west side of
Sunset Avenue, between Eight Mile Road and Fargo Avenue (30250
Morlock Street) in the Northwest 1/4 of Section 2, previously granted in
Council Resolution #186-06, adopted on April 26, 2006, and extended
for one year in Council Resolution #289-07, adopted on June 18, 2007,
Regular Meeting Minutes of September 10, 2008 36858
the Council does hereby concur in the recommendation of the Planning
Commission and the requested extension of the Master Deed, bylaws
and Site Plan Approval in connection with Petition 2006-03-08-07 is
hereby approved, as amended, subject to the following conditions
1 That the request for a second extension of Site Plan Approval
by General Properties Company, in connection with Sunset
View Site Condominiums, in a letter dated June 30, 2008, is
hereby approved, as amended, for a one-year period, and
2 That all conditions imposed by Council Resolution #186-06 in
connection with Petition 2006-03-08-07, which approved the
Master Deed, bylaws and site plan in connection with a proposal
to construct a site condominium development, shall remain in
effect to the extent that they are not in conflict wit the foregoing
condition
#399-08 RESOLVED, that having considered a communication
from the City Planning Commission, dated August 14, 2008, which
transmits its resolution 08-65-2008 adopted on August 12, 2008, with
regard to Petition 2008-07-08-08 submitted by RBS Construction, Inc.,
on behalf of Advanced Marketing Partners, requesting site plan
approval in connection with a proposal to renovate the exteriors of the
commercial buildings on property located on the north side of Joy
Road, between Inkster Road and Cardwell Avenue (27690 and 27700
Joy Road), in the Southeast 1/4 of Section 36, 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 2008-07-08-08 is
hereby approved and granted, subject to the following conditions
1 That the Site Plan marked Sheet No SP-1 dated July 7, 2008,
prepared by RBS Construction, Inc , is hereby approved and
shall be adhered to,
2 That the Exterior Building Elevation Plan marked Sheet No A-
10 dated July 7, 2008, prepared by RBS Construction, Inc , is
hereby approved and shall be adhered to,
3 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,
4 That the three walls of the trash dumpster area shall be
constructed out of building materials that shall complement that
Regular Meeting Minutes of September 10, 2008 36859
of the building and the enclosure gates shall be of steel
construction or durable, long-lasting fiberglass and maintained
and when not in use closed at all times,
5 That the petitioner shall correct to the Inspection Department's
satisfaction the items outlined in the correspondence dated
August 4, 2008,
6 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,
7 That no LED lightband or exposed neon shall be permitted on
this site including, but not limited to, the building or around the
windows,
8 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;
9 That landscaping shall be added to the road rights-of-way at the
direction of the Planning Department and subject to approval of
the Department of Public Services, and
10 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
A roll call vote was taken on the foregoing resolutions with the following result:
AYES Robinson, Knapp, Godfroid-Marecki, McCann, Meakin,
and Toy
NAYS None
Knapp provided a verbal update regarding matters addressed at the
Fiscal Year 2008-2009 Pre-Budget Meeting and indicated this matter will remain in
the Finance, Budget and Technology Committee at this time (CR 171-05)
McCann took from the table, for second reading and adoption, the
following Ordinance
Regular Meeting Minutes of September 10, 2008 36860
AN ORDINANCE AMENDING SECTION 250 OF TITLE 5, CHAPTER
84 (TAXICABS) OF THE LIVONIA CODE OF ORDINANCES, AS
AMENDED
A roll call vote was taken on the foregoing Ordinance with the following result:
AYES Robinson, Knapp, Godfroid-Marecki, McCann, Meakin,
and Toy
NAYS None
The President declared the foregoing Ordinance duly adopted, and
would become effective on publication
A communication from Sharon Ulmer, Laurel Pointe, L L C , 37699 Six
Mile Road, Suite 220, dated September 5, 2008, re proposed landscape changes
for property located at 37651 Six Mile Road (formerly 17050 Laurel Park Drive
South), was received and placed on file for the information of the Council (Petition
2008-02-02-07)
On a motion by McCann, seconded by Meakin, and unanimously
adopted, it was
#400-08 RESOLVED, that having considered a communication
from the City Planning Commission, dated August 14, 2008, which
transmits its resolution 08-66-2008 adopted on August 12, 2008, with
regard to a request from Laurel Pointe, L L C for approval of the
Landscape Plan in connection with Petition 2008-02-02-07, which
previously received approval on April 16, 2008 (Council Resolution No
168-08), regarding a proposal to remodel the exterior, add outdoor
seating, and increase the total seating capacity of the restaurant
(Buffalo Wild Wings) on property located on the east side of Laurel
Park Drive South between Six Mile Road and Professional Center
Drive, 37651 Six Mile Road (formerly 17050 Laurel Park Drive South),
in the Northeast 1/4 of Section 18, the Council does hereby concur in
the recommendation of the Planning Commission and the Landscape
Plan in connection with Petition 2008-02-02-07 is hereby approved and
granted, subject to the following conditions
Regular Meeting Minutes of September 10, 2008 36861
1 That the Landscape Plan marked Drawing No 1 dated
I:
September 5, 2008, as revised, prepared by 3-D Design Group,
is hereby approved and shall be adhered to, subject to the
addition of one additional tree being planted along the Six Mile
Road frontage at the direction of the Planning Department;
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, and
4 That all other conditions imposed by Council Resolution #168-
08, which granted approval to remodel the exterior, add outdoor
seating, and increase the total seating capacity of the existing
restaurant, shall remain in effect to the extent that they are not
in conflict with the foregoing conditions
Sharon Ulmer, Laurel Pointe, L.L.0 , was present at the meeting to answer any
questions of Council (Petition 2008-02-02-07)
On a motion by Meakin, seconded by Godfroid-Marecki, and
unanimously adopted, it was
#401-08 RESOLVED, that having considered a communication
from Brian P Ghesquiere, Vice President and CFO of The Crown
Group, Inc., dated August 26, 2008, withdrawing its request for an
Industrial Facilities Exemption Certificate on property located at 31774
Enterprise Drive (Industrial Development District No 96) and a Public
Hearing having been held on August 27, 2008, with regard to this
matter, the Council does hereby determine to take no further action
with regard to this matter
On a motion by McCann, seconded by Robinson, and unanimously
adopted, it was
#402-08 RESOLVED, that having considered a communication
from the City Planning Commission, dated June 17, 2008, which sets
forth its resolution 06-42-2008 adopted on June 10, 2008 with regard
to Petition 2008-05-06-01, submitted by the City Planning Commission
pursuant to Council Resolution #168-07 and Section 23 01(b) of
Ordinance No 543, the Zoning Ordinance of the City of Livonia, as
Regular Meeting Minutes of September 10, 2008 36862
amended, to determine whether or not to amend Section 18 17 of the
Zoning Ordinance to prescribe certain standards and limitation in
connection with the outdoor storage of raw and recyclable paving
materials, and to confer valid nonconforming status upon such
operations in existence on January 1, 2008, in M-2 zoning districts,
and the Council having conducted a public hearing with regard to this
matter on Wednesday, August 27, 2008, the Council does hereby refer
to the Law Department for preparation of an Ordinance regarding the
issue of creating a licensing procedure instead of a valid
nonconforming use Zoning Ordinance amendment, with the same
provisions as outlined in the Planning Commission's recommendation
Ron Deneweth, 1175 W Long Lake Road, Suite 202, Troy, Attorney for Nagle
Paving, was present at the meeting to answer any questions of Council
Rob Nagle, Nagle Paving Company, 36780 Amrhein, was present at the meeting to
answer any questions of Council
On a motion by Godfroid-Marecki, seconded by Meakin, and
unanimously adopted, it was
#403-08 RESOLVED, that having considered a communication
from the City Planning Commission, dated June 17, 2008, which sets
forth its resolution 06-43-2008 adopted on June 10, 2008, with regard
to Petition 2008-05-06-02, submitted by the City Planning Commission
pursuant to Council Resolution #183-08 and Section 23 01(b) of
Ordinance No 543, the Zoning Ordinance of the City of Livonia, as
amended, to determine whether or not to amend Section 18 64 of the
Zoning Ordinance to require stormwater detention ponds and
underground stormwater detention facilities that are developed as part
of a new residential subdivision or condominium to be located in parks,
outlots or general common areas, and the Council having conducted a
Public Hearing with regard to this matter on Wednesday, August 27,
2008, the Council does hereby approve Petition 2008-05-06-02 (as
amended, to clarify that these basins would be located in private parks)
for preparation of the Ordinance for submission to Council, and the
Department of Law is requested to prepare an Ordinance amending
Ordinance No 543, as amended, in accordance with this resolution
On a motion by Robinson, seconded by Meakin, and unanimously
adopted, it was
Regular Meeting Minutes of September 10, 2008 36863
#404-08 RESOLVED, that the Council does hereby suspend their
rules for procedure as outlined in Council Resolution 574-82 so as to
permit consideration of items that do not appear on the Agenda
On a motion by McCann, seconded by Knapp, and unanimously
adopted, it was
#405-08 RESOLVED, that having considered a letter from Vincent
Spica, Livonia Junior Athletic League, received in the office of the City
Council on September 9, 2008, the Council does hereby take this
means to indicate that Livonia Junior Athletic League be recognized as
a non-profit organization operating in the community, and the action
herein being taken for the purpose of affording Livonia Junior Athletic
League an opportunity to obtain a charitable gaming license or
registration from the State of Michigan in accordance with provisions of
State statute
Vicent Spica, 40044 Millpond Court, Northville, representative of the Livonia Junior
Athletic League, was present at the meeting to answer any questions of Council
There was no Audience Communication at the end of the meeting
Godfroid-Marecki congratulated Conrad and Sue Gniewek on recently
celebrating their 50th Wedding Anniversary and indicated Mr and Mrs Gniewek
have been very active community members within the City
President Toy offered a moment of silence in honor of the recent
passing of Linda Dolan's mother and the passing of Bill Sari, husband of Patricia
Sari, and extended condolences on behalf of the Council to their respective families
On a motion by Meakin, seconded by Robinson, and unanimously
adopted, this 1,616th Regular Meeting of the Council of the City of Livonia was
adjourned at 9 10 p.m
CIridet, 4
Linda Grimsby, City Clerk ,