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HomeMy WebLinkAboutCOUNCIL MINUTES 2006-11-08 35977 MINUTES OF THE ONE THOUSAND FIVE HUNDRED SEVENTY- SECOND REGULAR MEETING OF NOVEMBER 8, 2006 On November 8, 2006, the above meeting was held at the City Hall, 33000 Civic Center Drive, Livonia, Michigan, and was called to order by the President of the Council at 8 00 p m Councilmember Laura gave the invocation Roll was called with the following result: Joe Laura, Thomas Robinson, Gerald Taylor, Donald Knapp, Brian Meakin, Terry Godfroid-Marecki, and James McCann Absent. None Elected and appointed officials present. Jack Engebretson, Mayor; Val Vandersloot, City Clerk, Robert Schron, City Engineer; Scott Miller, Planner IV, Sean P Kavanagh, City Attorney; Karen Szymula, Director of Legislative Affairs, Evelyn Goudreau, Cable Division On a motion by Knapp, seconded by Robinson and unanimously adopted, it was #540-06 RESOLVED that"the minutes of the 1,571st Regular Meeting of the Council held October 25, 2006 are hereby approved as submitted City Clerk Val Vandersloot reviewed yesterday's Election Day Throughout Michigan, 53% of registered voters voted In Livonia, 65,000 turned out to vote, including almost 12,000 absentee ballot voters Vandersloot thanked the 300 precinct poll workers who worked over 15 hours on Election Day, and the 45 people at City Hall who also worked on elections Councilmember Meakin congratulated the Stevenson High School Boys' Soccer Team who finished runner-up in the State Finals this past weekend Communication from the Department of Finance, dated October 20, 2006, re forwarding various financial statements of the City of Livonia for the month ending September 30, 2006, was received and filed for the information of the Council Regular Meeting Minutes of November 8, 2006 35978 Communication from the Division of Police, dated November 1, 2006, re plans to hire an additional crossing guard at Hoover School to be on duty as of Monday, November 6, 2006, was received and placed on file for the information of the Council On a motion by Taylor, seconded by Knapp, it was #541-06 RESOLVED, that having considered a letter from Michael Soave, dated October 11, 2006, requesting a waiver of the sidewalk requirement in front of the home he is constructing at 37701 Northland, and having further considered the report and recommendation of the City Engineer, dated October 26, 2006, 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 #542-06 RESOLVED, that having considered a letter from Michael Soave, dated October 11, 2006, requesting a waiver of the sidewalk requirement in front of the home he is constructing at 37715 Northland, and having further considered the report and recommendation of the City Engineer, dated October 26, 2006, 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 #543-06 RESOLVED, that having considered a letter from Ben Ciccarelli, dated October 23, 2006, requesting a waiver of the sidewalk requirement in front of the home being constructed at 37501 Lyndon Avenue, in the Southeast 1/4 of Section 19, and having further considered the report and recommendation of the City Engineer, dated October 26, 2006, 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 November 8, 2006 35979 #544-06 RESOLVED, that having considered a letter from the Michigan Liquor Control Commission, dated July 20, 2006, and the report and recommendation of the Chief of Police, dated October 19, 2006, approved for submission by the Director of Public Safety and the Mayor, the Council does hereby approve of the request from Groman Cellars, LLC, for Transfer of Ownership of a 2006 Class C Licensed Business (in escrow) with Dance-Entertainment Permit located at 31735 Plymouth, Livonia, Michigan 48150, Wayne County, from De Palma, Inc , and to transfer location to 17386 Haggerty Road, Livonia, Michigan 48152, Wayne County; FURTHER, the Council does hereby determine that it has no objection to and does recommend approval of the request from Groman Cellars, LLC, for a new SDM License to be held in conjunction for the business located at 17386 Haggerty Road, 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 #545-06 RESOLVED, that having considered the report and recommendation of the Traffic Commission, dated October 4, 2006, submitted pursuant to Council Resolution No 383-06, with respect to the establishment of procedures to notify residents before a stop sign is removed in their neighborhood, the Council does hereby refer this item to the Legislative Committee for its report and recommendation #546-06 RESOLVED, that having considered a communication from the Director of Inspection, dated October 20, 2006, submitted pursuant to Council Resolution No 462-06, regarding the request to demolish the structure located at 9060 Deering, the Council does hereby determine to take no further action with regard to this matter Communication from the Director of Inspection, dated October 20, 2006, re termination of the condemnation proceedings for the structure located at 9060 Deering was received and placed on tile for the information of the Council (CR 462-06) #547-06 RESOLVED, that having considered a communication from the Human Resources Director, dated October 20, 2006, which bears the signature of the Finance Director and is approved for submission by the Mayor, and which transmits resolution 06-166 adopted by the Civil Service Commission on October 18, 2006, wherein the Commission recommended to increase the hourly pay rate for School Crossing Guards to $9 00 per hour, to be effective December 1, 2006, the Council does hereby approve such recommendation and the hourly pay rate for School Crossing Guards shall be increased to $9 00, the same to take effect on December 1, 2006 #548-06 RESOLVED, that having considered a communication from the Superintendent of Public Service, dated October 3, 2006, which bears Regular Meeting Minutes of November 8, 2006 35980 the signature of the Finance Director and is approved for submission by the Mayor, in connection with the Contract between the City of Livonia and Hubbell, Roth and Clark, Inc. to perform engineering services for the Idyl Wyld Regional Storm Water Treatment Facility Project, the Council does hereby appropriate and authorize the expenditure of an additional sum not to exceed $45,000 00 from Account No 592-559-840-030 for additional work performed by Hubbell, Roth and Clark in connection with this project; FURTHER, and the Mayor and City Clerk are hereby authorized, for and on behalf of the City of Livonia, to do all things necessary or incidental to the full performance of this resolution #549-06 RESOLVED, that Soave Building Company, 20592 Chestnut Circle, Livonia, Michigan 48152, as proprietor, having requesting the City Council to approve the proposed Churchill Manor Site Condominiums in the Southeast 1/4 of Section 31 of the City of Livonia (hereinafter the "Condominium"), and it further appearing that approval of the site plan for the Condominium was given by the City Planning Commission on January 31, 2006, and by the City Council on March 8, 2006, and it further appearing that such site plan, together with Development Plans and Specifications for Improvements have been examined and approved by the Department of Public Works as set forth in the report of that Department dated October 17, 2006, and the City Council having approved the Master Deed on March 8, 2006 in Council Resolution 108- 06, therefore, the City Council does hereby establish the following requirements (1) All of the improvements, utilities and grading shall be constructed, installed and accomplished in conformity with the provisions of the ordinances of the City of Livonia, and the regulations and specifications of the' Department of Public Works and the Development Plans submitted by the proprietor and approved by such Department; all such improvements to be constructed, installed, accomplished and completed within a period of two (2) years from the effective date of this resolution, failing this, the approval contained herein shall be considered null, void and of no effect whatsoever; (2) That all inspection fees and other charges due to the City of Livonia shall be fully paid at the time and in the manner provided in the said ordinance provisions, (3) That the installation of all such improvements shall be subject at all times to the supervision and inspection and final approval of the Department of Public Works, and such improvements shall not be considered as having been satisfactory and completely installed until there is filed with the City Council the certificate as provided in such ordinance provisions, Regular Meeting Minutes of November 8, 2006 35981 (4) That the proprietor enter into an agreement with the City of Livonia agreeing to construct, within the prescribed period of time and in the prescribed manner, all improvements required to the extent required by the City of Livonia and as shown on the approved Development Plans, (5) That as a condition of obtaining final approval of the Master Deed prior to the completion of all required improvements, the proprietor shall file with the City of Livonia a corporate surety bond, certified check, cash bond, irrevocable letter of credit, or other financial assurance in such form as may be approved by the Department of Law guaranteeing the satisfactory installation of all such improvements, utilities and grading by the proprietor within the prescribed period in the following amounts (a) Sidewalk Bond ($5,000 00 minimum cash) (b) Grading and Soil Erosion Control Bond ($4,800 00 minimum cash) (c) Entrance Markers/Landscaping $3,000 00 (all cash) (d) Monuments & Markers Bond $690 00 (all cash) and require cash payments in the total amount of $64,826 00 (6) That all required cash deposits, certified checks, irrevocable bank letters of credit and/or surety bonds which shall be established by the City Engineer pursuant to Article XVIII of Ordinance No 543, Section 18 66 of the ordinance, shall be deposited with the City prior to the issuance of engineering permits for this condominium development; and (7) That the distribution lines for telephone and electric services are to be placed underground and ornamental street lights are to be provided throughout the Condominium in accordance with City ordinance #550-06 RESOLVED, that having considered the report and recommendation of the City Engineer, dated October 6, 2006, which bears the signature of the Director of Finance, is approved by the Public Works Coordinator, is approved as to form by the City Attorney, and is approved for submission by the Mayor, to which is attached an Advance Construction Contract between the Michigan Department of Transportation and the City of Livonia for the resurfacing of Newburgh Road from Plymouth Road to 1-96, the Council does hereby authorize the Regular Meeting Minutes of November 8, 2006 35982 Mayor and City Clerk, for and on behalf of the City of Livonia, to execute this Agreement in the manner and form herein submitted, FURTHER, the Council does hereby appropriate and authorize an expenditure in the amount of $750,700 00 from the Unexpended Fund Balance of the Michigan Transportation Fund for this purpose with the understanding that the total project cost is estimated at $933,200 00, of which $182,500 00 will be funded by a State Local Jobs Today Grant and the City will be responsible for the amount of $730,000 00 until Federal Funds are available in 2007, FURTHER, it is understood that in 2007 the Federal Highway Administration will reimburse the City in the amount of $600,560 00 (64 3% of the total cost) and the City's responsibility will be reduced to $150,140 00 (16 1% of the total cost) and the City Clerk is hereby requested to forward a certified copy of this resolution, together with the signed agreement, to the Michigan Department of Transportation, and to do all other things necessary or incidental to the full performance of this resolution #551-06 RESOLVED, that having considered a communication from the City Planning Commission, dated October 4, 2006, which transmits its Resolution 10-105-2006, adopted on October 3, 2006, with regard to Petition 2006-08-02-20, submitted by Maniac's Café & Sweets, requesting waiver use approval to operate a limited service restaurant located on the south side of Five Mile Road between Newburgh Road and Blue Skies Avenue (37587 Five Mile Road), in the Northeast 1/4 of Section 19, the Council does hereby concur in the recommendation of the Planning Commission and Petition 2006-08-02-20 is hereby approved and granted, subject to the following conditions 1 That the number of customer seats shall be limited to no more than thirty (30) seats, 2 That the issues as listed in the correspondence dated September 8, 2006 from the Inspection Department in regard to the restroom or restrooms and their configuration, along with all other barrier free requirements including the entry door, shall be resolved to that department's satisfaction, 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, and 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 #552-06 RESOLVED, that having considered a communication from the City Planning Commission, dated September 25, 2006, which transmits its resolution 09-102-2006, adopted on September 19, 2006, Regular Meeting Minutes of November 8, 2006 35983 with regard to Petition 2006-07-08-16, submitted by Byblos General Contracting, requesting site plan approval to demolish and reconstruct the gas station (Mobil) located at 29401 Five Mile Road, in the Northeast 1/4 of Section 23, the Council does hereby refer this item to the Committee of the Whole for its report and recommendation #553-06 RESOLVED, that having considered the report and recommendation of the City Planning Commission, dated October 5, 2006, which sets forth its resolution 10-109-2006, adopted on October 3, 2006, with regard to a request submitted by S & N Development Company, for a third extension of the approval of Petition 2003-02-08-05, in connection with the approval of all plans for the proposal to construct an office building on property located at 37640 Seven Mile Road, on the north side of Seven Mile Road, between Newburgh Road and Victor Parkway in the Southeast 1/4 of Section 6, previously granted in Council Resolution 183- 03, adopted on April 23, 2003, and extended for a first time in Council Resolution 168-04, adopted on April 21, 2004, and extended for a second time in Council Resolution 535-05, adopted on November 14, 2005, the Council does hereby concur in the recommendation of the Planning Commission and does hereby approve the requested third extension of the Site Plan approval in connection with Petition 2003-02-08-05, subject to the following conditions 1 That the request for a third extension of Site Plan Approval by Sam Shamie, managing member of S & N Development Company, in a letter dated September 13, 2006, is hereby approved for a one-year period, and 2 That all conditions imposed by Council Resolution #183-03 adopted on April 23, 2003, in ccmnection with Petition 2003-02-08-05, which permitted the construction of a three-story office building, shall remain in effect to the extent that they are not in conflict with the foregoing condition #554-06 RESOLVED, that having considered a communication from the Council President, dated October 17, 2006, to which is attached a proposed schedule of Council Study and Regular Meetings for the period January 1, 2007, through December 31, 2007, the Council does hereby approve the following dates for City Council Meetings for 2007, subject to change with notice Regular Meeting Minutes of November 8, 2006 35984 Study Meetings Regular Meetings JANUARY Monday, January 8 Wednesday, January 17 Monday, January 22 Wednesday, January 31 FEBRUARY Monday, February 5 Wednesday, February 14 Wednesday, February 21 Wednesday, February 28 MARCH Monday, March 5 Wednesday, March 14 Monday, March 19 Wednesday, March 28 APRIL Monday, April 2 Wednesday, April 11 Monday, April 16 Wednesday, April 25 MAY Monday, April 30 Wednesday, May 9 Monday, May 14 Wednesday, May 23 JUNE Wednesday, May 30 Wednesday, June 6 Monday, June 11 Monday, June 18 JULY Monday, June 25 Monday, July 2 Monday, July 9 Wednesday, July 18 AUGUST Monday, July 23 Monday, August 13 Monday, August 20 Wednesday, August 29 SEPTEMBER Wednesday, September 5 Wednesday, September 12 Monday, September 17 Wednesday, September 26 OCTOBER Monday, October 1 Wednesday, October 10 Monday, October 15 Wednesday, October 24 NOVEMBER Monday, October 29 Wednesday, November 7 Wednesday, November 14 Monday, November 26 DECEMBER Wednesday, November 28 Wednesday, December 5 Monday, December 10 Wednesday, December 19 Regular Meeting Minutes of November 8, 2006 35985 A roll call vote was taken of the foregoing resolutions with the following result. AYES Laura, Robinson, Taylor, Knapp, Meakin, Godfroid-Marecki and McCann NAYS None Communication from the Department of Law, dated September 19, 2006, re proposed State legislation regarding competitive cable service providers — HB 6456, was received and placed on file for the information of the Council (CR 340-06) Letter from Mayor Engebretson, dated September 12, 2006, addressed to Representative Pastor, re seeking his opposition to a new bill being introduced to shift the cable franchising authority to the state level in Michigan was received and placed on file for the information of the Council (CR 340-06) Communication from the Department of Law, dated September 6, 2006, re the Cable Franchise Process for Competitive Cable Television Providers was received and placed on file for the information of the Council (CR 340-06) A seven (7) page petition requesting Cable TV competition in Livonia, received at the Legislative Committee meeting of October 17, 2006, was received and placed on file for the information of the Council (CR 340-06) A handout submitted by AT&T at the Legislative Committee meeting of October 17, 2006, titled "Video Franchise Legislation Benefits Michigan — HB 6456 A Good Solution" was received and placed on file for the information of the Council (CR 340-06) A handout submitted at the Legislative Committee meeting of October 17, 2006, by attorney Michael J Watza of Kitch Attorneys & Counselors, titled "HB 6456 Substitute of 9-21-06 00 It's not what they say it is Look behind the gloss The Bill Regular Meeting Minutes of November 8, 2006 35986 would change current law as follows " was received and placed on file for the information of the Council (CR 340-06) "The Cost of Proposed HB 6456 to the City of Livonia" and cable comparison chart, submitted by the Department of Law on October 17, 2006, was received and placed on file for the information of the Council (CR 340-06) A handout submitted by the Department of Law on October 17, 2006 re comparison of Current Franchise, AT&T Proposed Competitive Video Services Agreement and Substitute for HB 6456 was received and placed on file for the information of the Council (CR 340-06) An e-mail from Robert MCann, Bright House Networks, dated September 8, 2006, re Bright House, WOW and Comcast cable price comparisons was received and placed on file for the information of the Council (CR 340-06) "Analysis of House Bill 6456 (H-2) Still a Bad Bill" issued by the Michigan Townships Association and the Michigan Municipal League was received and placed on file for the information of the Council (CR 340-06) On a motion by Robinson, seconded by Laura, it was WHEREAS, consumers benefit form greater choice, better products and competitive prices when the communications marketplace is driven by competition among many different providers and technologies, instead of outdated regulation, and WHEREAS, recent technological developments like wireless telephony and broadband communications are available to a broad range of consumers and competitively priced today because policy makers empowered consumers, instead of regulation, to drive the marketplace, and Regular Meeting Minutes of November 8, 2006 35987 WHEREAS, in major Michigan cities, cable rates have increased 28.2 percent on average over the past five years and consumers statewide continue to suffer from skyrocketing cable rates, and WHEREAS, consumers are best served by public policy that removes barriers that could delay or prevent providers from deploying infrastructure and making investments in communities to offer new communications services, including Internet-based television (IPTV) services that would provide much-needed competition to traditional cable television service, and WHEREAS, Michigan consumers deserve to enjoy similar benefits from competition that consumers in the states of Texas, Indiana, Kansas, Virginia, Oklahoma, South Carolina, North Carolina, California, New Jersey and Connecticut will and have already begun to experience thanks to updated state laws and regulations that also spur increased investment to upgraded infrastructure for the state THEREFORE, BE IT RESOLVED, that the City of Livonia encourages policymakers to update and streamline communications laws to encourage greater competition and remove barriers to entry by new competitors offering consumers greater choice of television entertainment services, and further BE IT RESOLVED, that the City of Livonia, on behalf of the City Council members shall convey its support to the Michigan Legislature for modernized, streamlined communications laws that remove barriers to entry by new video competitors Knapp requested that a friehdly amendment be made to the foregoing resolution which would include the following language WHEREAS, current public, educational, and government ("PEG") channels should be preserved because they are valuable resources that inform residents of community events, assist teachers in their education of students, and encourage participation in and an understanding of local government; WHEREAS, because communications competition that delivers telephone, Internet, and television services benefit all residents and businesses to whom it is made available, public policy should create incentives to bring and expand these services to all residents and businesses in Livonia Robinson objected to the amendment of his motion ' Source Data on Flint, Detroit, Grand Rapids and Holland, based on media reports Available upon request. Regular Meeting Minutes of November 8, 2006 35988 On a motion by Knapp, seconded by Taylor, it was RESOLVED, that the Council does hereby determine to substitute a resolution in lieu of the proposed resolution which would include the foregoing friendly amendment language A roll call vote was taken on the motion to substitute with the following result: AYES Taylor, Knapp and McCann NAYS Laura, Robinson, Meakin and Godfroid-Marecki The President declared the motion to substitute failed A roll call vote was then taken on the originally proposed resolution, as follows, with the following result: #555-06 WHEREAS, consumers benefit form greater choice, better products and competitive prices when the communications marketplace is driven by competition among many different providers and technologies, instead of outdated regulation, and WHEREAS, recent technological developments like wireless telephony and broadband communications are available to a broad range of consumers and competitively priced today because policy makers empowered consumers, instead of regulation, to drive the marketplace, and WHEREAS, in major Michigan cities, cable rates have increased 28.2 percent on average over the' past five years2 and consumers statewide continue to suffer from skyrocketing cable rates, and WHEREAS, consumers are best served by public policy that removes barriers that could delay or prevent providers from deploying infrastructure and making investments in communities to offer new communications services, including Internet-based television (IPTV) services that would provide much-needed competition to traditional cable television service, and WHEREAS, Michigan consumers deserve to enjoy similar benefits from competition that consumers in the states of Texas, Indiana, Kansas, Virginia, Oklahoma, South Carolina, North Carolina, California, New Jersey and Connecticut will and have already begun to experience thanks to updated state laws and regulations that also spur increased investment to upgraded infrastructure for the state 2 Source Data on Flint, Detroit, Grand Rapids and Holland, based on media reports Available upon request. Regular Meeting Minutes of November 8, 2006 35989 THEREFORE, BE IT RESOLVED, that the City of Livonia encourages policymakers to update and streamline communications laws to encourage greater competition and remove barriers to entry by new competitors offering consumers greater choice of television entertainment services, and further BE IT RESOLVED, that the City of Livonia, on behalf of the City Council members shall convey its support to the Michigan Legislature for modernized, streamlined communications laws that remove barriers to entry by new video competitors AYES Laura, Robinson, Meakin and Godfroid-Marecki NAYS Taylor, Knapp and McCann The President declared the resolution adopted On a motion by Robinson, seconded by Laura, it was WHEREAS, consumers benefit from greater choice, better products and competitive prices when the communications marketplace is driven by competition among many different providers and technologies, and WHEREAS, recent technological developments like wireless telephony and broadband communications are available to a broad range of consumers and competitively priced today because policy makers empowered consumers, instead of regulation, to drive the marketplace, and WHEREAS, consumers are best served by public policy that removes barriers that could delay or prevent providers from deploying infrastructure and making investments in communities to offer new communications services, and WHEREAS, consumers in Livonia should have access to the latest technology, including broadband Internet and IP-based services like IPTV, and WHEREAS, Livonia consumers deserve to enjoy similar benefits from competition that consumers in other cities and states have already begun to experience as a result of successfully negotiated local agreements, and WHEREAS, the Livonia City Council has, by its resolution of this same date, voiced its support for state legislation to encourage video competition, but recognizing that concurrent and additional efforts at the Regular Meeting Minutes of November 8, 2006 35990 local level should continue in reaching the goal of greater choice in video service for Livonia consumers at the earliest possible date THEREFORE, BE IT RESOLVED, that the City of Livonia encourages the city administration to take all possible and appropriate steps to pursue agreements or other arrangements with alternative video service competitors to provide service in the city at the earliest possible date The President relinquished the gavel to the Vice President at 9 02 p m to speak on this item Eric Kuszynski, 18775 Blue Skies, spoke in favor of cable competition in Livonia A roll call vote was then taken on the foregoing resolution with the following result: #556-06 WHEREAS, consumers benefit from greater choice, better products and competitive prices when the communications marketplace is driven by competition among many different providers and technologies, and WHEREAS, recent technological developments like wireless telephony and broadband communications are available to a broad range of consumers and competitively priced today because policy makers empowered consumers, instead of regulation, to drive the marketplace, and WHEREAS, consumers are best served by public policy that removes barriers that could delay or prevent providers from deploying infrastructure and making investments in communities to offer new communications services, and WHEREAS, consumers in Livonia should have access to the latest technology, including broadband Internet and IP-based services like IPTV, and WHEREAS, Livonia consumers deserve to enjoy similar benefits from competition that consumers in other cities and states have already begun to experience as a result of successfully negotiated local agreements, and WHEREAS, the Livonia City Council has, by its resolution of this same date, voiced its support for state legislation to encourage video competition, but recognizing that concurrent and additional efforts at the local level should continue in reaching the goal of greater choice in video service for Livonia consumers at the earliest possible date THEREFORE, BE IT RESOLVED, that the City of Livonia encourages the city administration to take all possible and appropriate steps to pursue Regular Meeting Minutes of November 8, 2006 35991 agreements or other arrangements with alternative video service competitors to provide service in the city at the earliest possible date. AYES Laura, Robinson, Taylor, McCann, Meakin and Godfroid-Marecki NAYS Knapp The Vice President declared the resolution adopted The President resumed the gavel at 9.08 p m On a motion by Taylor, seconded by Knapp, it was WHEREAS, consumers benefit form greater choice, better products and competitive prices when the communications marketplace is driven by competition among many different providers and technologies, instead of outdated regulation, and WHEREAS, recent technological developments like wireless telephony and broadband communications are available to a broad range of consumers and competitively priced today because policy makers empowered consumers, instead of regulation, to drive the marketplace, and WHEREAS, in major Michigan cities, cable rates have increased 28.2 percent on average over the past five years3 and consumers statewide continue to suffer from skyrocketing cable rates, and WHEREAS, consumers are best served by public policy that removes barriers that could delay or prevent providers from deploying infrastructure and making investments in communities to offer new communications services, including Internet-based television (IPTV) services that would provide much-needed competition to traditional cable television service, and WHEREAS, Michigan consumers deserve to enjoy similar benefits from competition that consumers in the states of Texas, Indiana, Kansas, Virginia, Oklahoma, South Carolina, North Carolina, California, New Jersey and Connecticut will and have already begun to experience thanks to updated state laws and regulations that also spur increased investment to upgraded infrastructure for the state THEREFORE, BE IT RESOLVED, that the City of Livonia encourages policymakers to update and streamline communications laws to encourage greater competition and remove barriers to entry by new 3 Source Data on Flint, Detroit, Grand Rapids and Holland, based on media reports Available upon request. Regular Meeting Minutes of November 8, 2006 35992 competitors offering consumers greater choice of television entertainment services, and further BE IT RESOLVED, that the City of Livonia, on behalf of the City Council members shall convey its support to the Michigan Legislature for modernized, streamlined communications laws that remove barriers to entry by new video competitors and that preserve PEG channels and continuation of free cable service to schools and municipal facilities A roll call vote was taken on the foregoing resolution with the following result: AYES Taylor, Knapp and McCann NAYS Laura, Robinson, Meakin and Godfroid-Marecki The President declared the resolution denied Taylor gave First Reading to the following Ordinance. AN ORDINANCE AMENDING SECTION 31 OF THE ZONING MAP OF THE CITY OF LIVONIA AND AMENDING ARTICLE III OF ORDINANCE NO 543, AS AMENDED, KNOWN AND CITED AS "THE CITY OF LIVONIA ZONING ORDINANCE" BY ADDING SECTION 3 THERETO (Petition 2006-07-01-05) 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 the next regular meeting Godfroid-Marecki took from the table and gave Second Reading to the following Ordinance AN ORDINANCE AMENDING SUBSECTION (a) TO SECTION 8 07 OF ARTICLE VIII OF ORDINANCE NO 543, AS AMENDED, KNOWN AND CITED AS "THE CITY OF LIVONIA ZONING ORDINANCE" (Petition 2006-05-06-02) A roll call vote was taken on the foregoing Ordinance with the following result: AYES Laura, Taylor, Knapp, Meakin and Godfroid-Marecki NAYS Robinson and McCann The President declared the foregoing Ordinance duly adopted, and would become effective upon publication RFV-SED PCE Regular Meeting Minutes of November 8, 2006 35993 Meakin took from the table and gave Second Reading to the following Ordinance AN ORDINANCE AMENDING SUBSECTION (j) OF SECTION 9 03 OF ARTICLE IX OF ORDINANCE NO 543, AS AMENDED, KNOWN AND CITED AS THE CITY OF LIVONIA ZONING ORDINANCE" (Petition 2006-06-06-02) A roll call vote was taken on the foregoing Ordinance with the following result: AYES Laura, Taylor, Knapp, Meakin and Godfroid-Marecki NAYS Robinson and McCann The President declared the foregoing Ordinance duly adopted, and would become effective upon publication Meakin took took from the table and gave Second Reading to the following Ordinance AN ORDINANCE AMENDING SUBSECTION (d) OF SECTION 10 03 OF ARTICLE X OF ORDINANCE NO 543, AS AMENDED, KNOWN AND CITED AS "THE CITY OF LIVONIA ZONING ORDINANCE" (Petition 2006-05-06-02) A roll call vote was taken on the foregoing Ordinance with the following result: AYES Laura, Taylor, Knapp, Meakin and Godfroid-Marecki NAYS Robinson and McCann The President declared the foregoing Ordinance duly adopted, and would become effective upon publication Godfroid-Marecki took from the table and gave Second Reading to the following Ordinance AN ORDINANCE AMENDING SUBSECTION (i) OF SECTION 11 02 OF ARTICLE XI OF ORDINANCE NO 543, KNOWN AND CITED AS "THE CITY OF LIVONIA ZONING ORDINANCE" (Petition 2006-05-06-02) A roll call vote was taken on the foregoing Ordinance with the following result: AYES Laura, Taylor, Knapp, Meakin and Godfroid-Marecki Regular Meeting Minutes of November 8, 2006 35994 NAYS Robinson and McCann The President declared the Foregoing Ordinance duly adopted, and woud become effective upon publication Taylor took from the table and gave Second Reading to the following Ordinance AN ORDINANCE VACATING PORTIONS OF STREET ALLEY, AND PUBLIC GROUND (Petition 2006-06-03-01) A roll call vote was taken on the foregoing Ordinance with the following result: AYES Laura, Robinson, Taylor, Knapp, Meakin, Godfroid-Marecki and McCann NAYS None An e-mail from the Planning Department dated, November 6, 2006, re possible PRDA streetscape improvements on the proposed A&C Animal Hospital property was received and placed on file for the information of the Council (Petition 2006-08-02-21) A communication from John 'C Strauch, Mar-Jon Properties, LLC, dated November 7, 2006, re possible PRDA pillars and fence enhancements for the property located at 11655 Farmington Road (proposed A&C Animal Hospital) was received and placed on file for the information of the Council (Petition 2006-08-02-21) On a motion by Taylor, seconded by Godfroid-Marecki and unanimously adopted, it was #557-06 RESOLVED, that having considered a communication from the City Planning Commission, dated October 5, 2006, which transmits its Resolution 10-106-2006, adopted on October 3, 2006, with regard to Petition 2006-08-02-21, submitted by Kreative Designs, Inc , on behalf of A & C Animal Hospital, requesting waiver use approval to operate a veterinary hospital located on the west side of Farmington Road between Plymouth Road and the CSX railroad right-of-way (11655 Farmington Regular Meeting Minutes of November 8, 2006 35995 Road), in the Southeast 1/4 of Section 28, the Council does hereby concur in the recommendation of the Planning Commission and Petition 2006-08- 02-21 is hereby approved and granted, subject to the following conditions 1 That the Site Plan marked Sheet C-1 prepared by Kreative Designs, Inc., dated August 28, 2005, and received by the Planning Commission on August 30, 2006, is hereby approved and shall be adhered to, 2 That the landscaping shown on the above-referenced Site Plan is hereby approved and shall be competed in accordance with said plan, 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 the Building Elevations Plan marked Sheet A-1 prepared by Kreative Designs, Inc , dated August 28, 2005, and received by the Planning Commission on August 30, 2006, is hereby approved and shall be adhered to, 6 That the brick used in the construction of the new entry vestibule shall be full-face 4-inch brick, 7 That all light fixtures shall not exceed 20 feet in height and shall be shielded to minimize glare trespassing on adjacent properties and roadways, 8 That the operation of the subject use shall not permit the boarding of household pets except as is needed for the provision of medical care for sick or diseased pets, 9 That all animal remains, medical and animal waste shall be stored in a freezer or other such closed container inside the building, 10 That the following issues as outlined in the correspondence dated September 8, 2006, from the Inspection Department shall be resolved to that department's satisfaction - The parking area shall be repaved and shall be double striped, REVISED Regular Meeting Minutes ofNovember 8, 2006 35996 - That this space, including all restrooms, shall be fully barrier-free/accessible, - That the petitioner shall obtain separate property ID numbers for the separate businesses, - That adequate soundproofing shall be installed to the extent necessary to insure the elimination of all noise from the area used for the treatment and temporary keeping of such sick and diseased household pets, 11 That the outdoor enclosed dog walking area shall be permitted only under the circumstances that the prohibition of open or outdoor runways, kennels, or pens is waived by the City Council by means of a separate resolution in which two-thirds of the members of the City Council concur; and further provided, that the enclosure for the outdoor dog walking area shall be located adjacent to the south property line immediately west of the subject building, 12 That the enclosure for the outdoor dog walking area, if approved by the City Council, and the site's dumpster enclosure shall both be of masonry construction with gates, as shown in the detail on the above-referenced Site Plan, 13 That no animals shall be left unattended in the outdoor enclosed dog walking area, 14 That only conforming signage is approved with this petition, and any additional signage shall be separately submitted for review and approval by the Planning Commission and City Council, and 15 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 On a motion by Taylor, seconded by Godfroid-Marecki and adopted, it was #558-06 RESOLVED, that in connection with Petition 2006-08-02-21, submitted by Kreative Designs, Inc., on behalf of A & C Animal Hospital, requesting waiver use approval to operate a veterinary hospital located at 11655 Farmington Road, the Council does hereby waive the prohibition of open or outdoor runways, kennels or pens set forth in Section 11 03(b)(3) of Zoning Ordinance No 543, as amended A roll call vote was taken on the foregoing resolution with the following result: REVISED Regular Meeting Minutes of November 8, 2006 35997 AYES Laura, Robinson, Taylor, Knapp, Meakin, Godfroid-Marecki and McCann NAYS None The President declared the resolution adopted On a motion by Knapp, seconded by Meakin, and unanimously adopted, it was #559-06 RESOLVED, that having considered a communication from the Director of Community Resources, dated October 23, 2006, which bears the signature of the Finance Director and is approved for submission by the Mayor, the Council does, for and on behalf of the City of Livonia, accept the donation of $400 in materials and $1,600 in labor from Jack Baucus, 38809 Roycroft, Livonia, Michigan 48154, for electrical work completed on the second floor of the Alexander Blue House at Greenmead There was no Audience Communication at the end of the meeting On a motion by Robinson, seconded by Taylor and unanimously adopted, the 1,572nd Regular Meeting of the Council of the City of Livonia was adjourned at 9.24 p m , November 8, 2006 Val Vandersloot, City Clerk Regular Meeting Minutes of November 8, 2006 35997 On a motion by Knapp, seconded by Meakin, and unanimously adopted, it was #559-06 RESOLVED, that having considered a communication from the Director of Community Resources, dated October 23, 2006, which bears the signature of the Finance Director and is approved for submission by the Mayor, the Council does, for and on behalf of the City of Livonia, accept the donation of $400 in materials and $1,600 in labor from Jack Baucus, 38809 Roycroft, Livonia, Michigan 48154, for electrical work completed on the second floor of the Alexander Blue House at Greenmead There was no Audience Communication at the end of the meeting On a motion by Robinson, seconded by Taylor and unanimously adopted, the 1,572nd Regular Meeting of the Council of the City of Livonia was adjourned at 9 24 p m , November 8, 2006 ,) LA, Val Vandersloot, City Clerk