HomeMy WebLinkAboutCOUNCIL MINUTES 2006-12-20 36026
Revised
MINUTES OF THE ONE THOUSAND FIVE HUNDRED SEVENTY-FIFTH
REGULAR MEETING OF DECEMBER 20, 2006
On December 20, 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 Knapp gave the invocation
Roll was called with the following result. Donald Knapp, Brian Meakin,
Terry Godfroid-Marecki, Joe Laura, Thomas Robinson, Gerald Taylor and James
McCann Absent: none
Elected and appointed officials present: Jack Engebretson, Mayor;
Val Vandersloot, City Clerk, Robert Schron, City Engineer; Sean P Kavanagh, City
Attorney; and State Senator Laura Toy
On a motion by Robinson, seconded by Knapp and unanimously adopted,
it was
#596-06 RESOLVED that the minutes of the 1,574th Regular Meeting
of the Council held December 20, 2006 are hereby approved as
submitted
Council President McCann introduced Mayor Engebretson, who presented
a Commendation to State Senator Laura Toy in honor of her years of service to the
Livonia community
Taylor wished Karen Szymula, Director of Legislative Affairs, a belated
Happy Birthday
Godfroid-Marecki announced the birth this morning of her first grandchild,
Vincent Richard, weighing in at 9 lb 12 oz. Proud parents are Jordyn and John
John Grzebik, 11301 Hubbell, thanked Senator Toy for her past service,
especially for her efforts in retaining school funding He also asked about the
reinstatement of the Livonia D.A.R.E Program and wished everyone a Happy Holiday
On a motion by Godfroid-Marecki, seconded by Laura and unanimously
adopted, it was
Regular Meeting Minutes of December 20, 2006 36027
#597-06 RESOLVED, that the Council does hereby refer to the
Economic Development, Community Outreach and Schools Liaison
Committee for its report and recommendation the subject of re-
establishing the Christmas Parade in the City and other holiday-related
activities
On a motion by Knapp, seconded by Godfroid-Marecki, and unanimously
adopted, it was
#598-06 RESOLVED, that the Council does hereby refer to the
Finance, Insurance and Budget Committee for its report and
recommendation the subject of creating various financial
proposals/alternatives to aid struggling properties
At the direction of the Chair, Item 10 was removed from the Consent
portion of the Agenda
On a motion by Knapp, seconded by Meakin, it was
#599-06 RESOLVED, that having considered a communication from
the Chief of Police, dated November 28, 2006, which bears the signatures
of the Director of Finance and the Director of Public Safety, and is
approved for submission by the Mayor, the Council does, for and on
behalf of the City of Livonia, accept the 2007 Michigan Automobile Theft
Prevention Authority (ATPA) Grant funds in the amount of $69,533 00 for
the period January 1, 2007 through December 31, 2007 which represents
75% funding for the assignment of an officer to the Western Wayne
County Auto Theft Elimination Effort Task Force, FURTHER, the Council
does hereby authorize the required 25% matching funds in the amount of
approximately $23,178 00 to be provided from the Adjudicated Federal
Forfeiture Fund for this purpose
#600-06 RESOLVED, that having considered a communication from
the Director of the Housing Commission, dated October 25, 2006, which
bears the signature of the Director of Finance and is approved for
submission by the Mayor, wherein the Housing Commission has
recommended certain rental adjustments with respect to Newburgh
Village, the Council does hereby approve rental adjustments of$10 00 per
month as follows
Adjusted Rent
Bedroom Size Current Rent Effective 6-1-07
One Bedroom $485 $495
Two Bedroom $555 $565
The above rents exclude gas and electric utility costs
Regular Meeting Minutes of December 20, 2006 36028
#601-06 RESOLVED, that having considered a communication from
the Director of the Housing Commission, dated October 25, 2006, which
bears the signature of the Director of Finance and is approved for
submission by the Mayor, wherein the Housing Commission has
recommended certain rental adjustments with respect to Silver Village, the
Council does hereby approve rental adjustments of $10 00 per month as
follows
A) Pre-December, 1990 - 14 Residents
Adjusted Rent
Bedroom Size Current Rent Effective 6-1-07
One Bedroom $335 $345
Two Bedroom $370 $380
B) Post-December, 1990 - 94 Residents:
Adjusted Rent
Bedroom Size Current Rent Effective 6-1-07
One Bedroom $400 $410
Two Bedroom $455 $465
The above rents exclude gas and electric utility costs
#602-06 RESOLVED, that having considered the report and
recommendation of the City Engineer, dated November 28, 2006, which
bears the signature of the Director of Finance and is approved by the
Public Works Coordinator, and approved for submission by the Mayor,
regarding the proposed 2007 Road Repair Program, the Council does
hereby approve the 2007 Road Repair Program as recommended by the
Department of Public Works (concurred in by the Citizens Advisory
Committee on Roads) and shown in Attachment 1
#603-06 RESOLVED, that having considered the report and
recommendation of the City Engineer, dated December 1, 2006, approved
by the Director of Public Works, and approved for submission by the
Mayor, regarding replacement and/or construction of new sidewalks in the
City of Livonia pursuant to the 2006 Sidewalk Program (Contract 06-G) at
the locations and in the amounts indicated in the attachment to the
aforesaid communication, which work was done pursuant to Council
Resolution No 184-06 and in accordance with the provisions of Section
12 04 340 of Chapter 4 of Title 12 of the Livonia Code of Ordinances, as
amended, the City Treasurer is hereby directed to send a statement of
charges to all property owners in the amounts listed above in accordance
Regular Meeting Minutes of December 20, 2006 36029
with Section 3 08 150 of Title 3, Chapter 8 of the Livonia Code of
Ordinances, as amended, and the Council does hereby establish the
evening of Wednesday, March 14, 2007 at 8 00 p m at the Livonia City
Hall, 33000 Civic Center Drive, Livonia, Michigan, as the time and place
when the Council shall meet for the purpose of adopting a resolution
placing a special assessment upon said property for such charges unless
the same are paid prior to the date of such meeting, and the City Clerk
and City Treasurer are hereby requested to do all things necessary or
incidental to the full performance of this resolution
Communication from the Department of Law dated November 20, 2006,
re forwarding the 8th Annual Report of the Board of Ethics was received and placed on
file for the information of the Council
#604-06 RESOLVED, that having considered a communication from
the Department of Law, dated November 20, 2006, approved for
submission by the Mayor, which indicates that the Board of Ethics is
requesting to amend Section 2 200 070(C)(5) of the Livonia Code of
Ordinances, as amended, in order to hold semi-annual board meetings, as
opposed to on a quarterly basis, with additional meetings to be scheduled
as required, the Council does hereby approve this request for preparation
of the ordinance for submission to Council, and the Department of Law is
hereby requested to prepare an ordinance amending Section
2 200 070(C)(5) of the Livonia Code of Ordinances, as amended, in
accordance with this resolution
#605-06 RESOLVED, that having considered a communication from
the City Planning Commission, dated November 21, 2006, which transmits
its resolution 11-125-2006, adopted on November 14, 2006, with regard to
Petition 2006-08-03-03, submitted by Paul Camilleri, requesting to vacate
the easement on the vacated road portion of his property at 29818 Hoy,
located on the north side of Hoy Road between Melvin Avenue and
Beatrice Avenue in the Northwest 1/4 of Section 23, the Council does
hereby concur in the recommendation of the City Planning Commission
and does grant and approve said Petition 2006-08-03-03, as modified, so
as to retain the westerly 10 feet of the subject easement as recommended
by the Engineering Division in their correspondence dated September 27,
2006, and the Department of Law is hereby requested to prepare the
necessary Vacating Ordinance in accordance with this resolution
#606-06 RESOLVED, that having considered a communication from
the City Planning Commission, dated November 16, 2006, which transmits
its resolution 11-118-2006, adopted on November 14, 2006, with regard to
Petition 2006-09-02-22 submitted by Mid America Shows, Inc , requesting
waiver use approval to conduct a carnival sponsored by the Livonia Mall
Regular Meeting Minutes of December 20, 2006 36030
Merchants Association consisting of amusement rides, games and food
concessions from Thursday, May 3, 2007, through Sunday, May 13, 2007,
inclusive, on property located on the north side of Seven Mile Road
between Middlebelt Road and Purlingbrook Road in the Southeast 1/4 of
Section 2, the Council does hereby concur in the recommendation of the
Planning Commission and Petition 2006-09-02-22 is hereby approved and
granted, subject to the following conditions
1 That the carnival shall be limited to the dates as specified by Mid
America Shows, Inc , which are May 3, 2007 through May 13,
2007, inclusive,
2 That the proposed carnival operation shall be confined to the area
as illustrated on the site plan submitted with this request;
3 That all rides, food concessions, booths and all other equipment
and apparatus relating to the operation of the carnival shall be
located at least 60 feet distant from the Seven Mile Road right-of-
way line,
4 That all trucks and other transportation equipment shall be parked
or stored within the northwesterly portion of the Livonia Mall parking
lot, but no closer than 100 feet from the west property line abutting
the Ziegler Place site or 250 feet from the south property line
abutting Hunters Brook Condominiums,
5 That there shall be no motors running on the stored trucks during
late hours, especially between 11 00 p m to 7 00 a m , including
motors on any refrigeration trucks,
6 That there shall be no living quarters at the location of the stored
trucks,
7 That adequate access to nearest local hydrants be provided for
firefighting and that adequate access be provided for medical units
and personnel,
8 That adequate security shall be provided to insure a safe and
orderly event;
9 That temporary fences/barricades shall be placed along north, east
and west perimeters to prevent pedestrians/children from walking
or running into traffic areas, and
10 That the hours of operation of the carnival shall be as stated in a
letter dated September 12, 2006 from James K. Wegerly, Vice
President of Mid America Shows, Inc , which have been approved
by the Police Department
Regular Meeting Minutes of December 20, 2006 36031
#607-06 RESOLVED, that having considered a communication from
the City Planning Commission, dated November 16, 2006, which transmits
its resolution 11-119-2006, adopted on November 14, 2006, with regard to
Petition 2006-10-02-23 submitted by Valia, Inc requesting waiver use
approval to utilize an SDD liquor license at Aloha Market located on the
north side of Five Mile Road between Levan Road and Golfview Drive
(36274 Five Mile Road) in the Southeast 1/4 of Section 17, the Council
does hereby refer this item to the Committee of the Whole for its report
and recommendation
#608-06 RESOLVED, that having considered a communication from
the City Planning Commission, dated November 20, 2006, which transmits
its resolution 11-121-2006, adopted on November 14, 2006, with regard to
Petition 2006-10-02-25, submitted by Mason-Stark Properties, L L C
requesting waiver use approval for the outdoor storage of recreational
vehicles and commercial vehicles at 12752 Stark Road, located on the
east side of Stark Road between CSX Railroad right-of-way and
Schoolcraft Road in the Northeast 1/4 of Section 28, the Council does
hereby concur in the recommendation made by the City
Planning Commission and Petition 2006-10-02-25 is hereby approved and
granted, subject to the following conditions
1 That the Site Plan submitted by Mason-Stark Properties, L L C , as
received by the Planning Commission on October 19, 2006, is
hereby approved and shall be adhered to,
2 That the outdoor storage of recreational vehicles and commercial
vehicles shall be limited to the rear yard storage area as identified
and designated on the above-referenced Site Plan and shall be
maintained in an orderly manner;
3 That there shall be no outdoor storage of dismantled, damaged or
inoperable vehicles, and no outdoor storage of vehicle parts, scrap
material and debris in connection with this use,
4 That adequate and properly directed lighting facilities, not
exceeding 20 feet in height, shall be provided for the illumination
of the storage area,
5 That the following issues as outlined in the correspondence dated
October 24, 2006, from the Inspection Department shall be
resolved to that department's satisfaction
That a dumpster enclosure shall be provided in the
"dumpster area" as shown on the Site Plan which shall be
constructed of brick, block or reinforced poured concrete
Regular Meeting Minutes of December 20, 2006 36032
walls and with metal enclosure gates which shall be properly
maintained and, when not in use, closed at all times,
That the entire area utilized for recreational and commercial
vehicle storage shall be enclosed by a fence of a type
approved by the Inspection Department, not exceeding 8
feet in height unless a variance is granted by the Zoning
Board of Appeals for excessive fence height, with only such
openings as may be necessary for ingress and egress,
That customer and employee parking and driveways shall be
properly marked and all parking spaces shall be double
striped, including the provision of barrier free parking with
proper signage, marking and configuration, and all regular
spaces shall be 10' x 20' in size as required,
That there shall be rectification of the existing problem that
the site improperly drains roof water into the adjacent south
property;
That all principals in this site be properly fully identified
including copies of identification acceptable to the Inspection
Department
6 That the issues as outlined in the correspondence dated October
17, 2006, from the Livonia Fire and Rescue Division relating to the
layout plan for the location of fences and lease spaces, maintaining
year round access, hydrant spacing, provision and signing of fire
lanes, and an approved turnaround for fire apparatus, shall be
resolved to the satisfaction of the Fire Marshal, and
7 That the plan referenced in this approving resolution shall be
submitted to the Inspection Department at the time the building
permits and/or zoning compliance permits are applied for
#609-06 RESOLVED, that having considered a communication from
the City Planning Commission, dated November 21, 2006, which transmits
its resolution 11-122-2006, adopted on November 14, 2006, with regard to
Petition 2006-10-02-26, submitted by Eichert, L L C requesting waiver
use approval to operate a limited service restaurant (Stucchi's Ice Cream)
at 33316 Plymouth Road in the Fountain Park Development, on property
located on the north side of Plymouth Road between Farmington Road
and Mayfield Avenue in the Southwest 1/4 of Section 27, the Council does
hereby concur in the recommendation made by the City Planning
Commission and Petition 2006-10-02-26 is hereby approved and granted,
subject to the following conditions
Regular Meeting Minutes of December 20, 2006 36033
1 That the customer seating provided in connection with the subject
use shall be in accordance with the Floor Plan marked Sheet Al
prepared by the Foresta Group, P C , Architects, dated October 9,
2006,
2 That the maximum number of customer seats shall not exceed 12,
including 10 seats inside the building and 2 outdoor seats,
3 That a trash receptacle shall be provided for the outdoor dining
area and shall be emptied regularly as needed,
4 That the following issues as outlined in the correspondence dated
October 19, 2006, from the Inspection Department shall be rectified
to that department's satisfaction
That this site shall not exceed the maximum total occupant
load of 15, including customers and employees, for a facility
with only one restroom,
That the service areas shall be barrier free from the
customer side,
That the petitioner shall comply with all requirements as
determined in connection with the Inspection Department's
plan review of other items such as ventilation, noise and
odor abatement, plumbing, etc ,
5 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,
6 That wall signage shall not be illuminated beyond one (1) hour after
this business closes,
7 That no LED lightband or exposed neon shall be permitted on the
site including, but not limited to, the building or around the windows,
and
8 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
#610-06 RESOLVED, that having considered a communication from
the City Planning Commission, dated November 22, 2006, which transmits
its resolution 11-124-2006, adopted on November 14, 2006, with regard to
Petition 2006-10-02-28, submitted by The Velmeir Companies requesting
waiver use approval to construct a commercial building (CVS Pharmacy)
with a drive-thru pharmacy at 37300 Five Mile Road, located on the
Regular Meeting Minutes of December 20, 2006 36034
northeast corner of Five Mile Road and Newburgh Road in the Southwest
1/4 of Section 17, the Council does hereby concur in the recommendation
made by the City Planning Commission and Petition 2006-10-02-28 is
hereby approved and granted, subject to the following conditions
1 That the Site Plan (Layout Plan) marked Sheet SP-1-03 prepared
by Atwell-Hicks Development Consultants, dated November 2,
2006, as revised, is hereby approved and shall be adhered to,
2 That the Landscape Plan marked Sheet SP-1-04 prepared by
Atwell Hicks Development Consultants, dated November 2, 2006,
as revised, is hereby approved and shall be adhered to, subject to
the following stipulations
That all planted materials shall be installed to the satisfaction
of the Inspection Department and thereafter permanently
maintained in a healthy condition,
That all disturbed lawn areas shall be sodded in lieu of
hydroseeding,
tio - That all landscaped and sodded areas shall be provided with
an automatic underground irrigation system,
3 That the Exterior Elevations Plan marked Sheet A-4 1 prepared by
Atwell-Hicks Development Consultants, dated October 18, 2006, is
hereby approved and shall be adhered to,
4 That brick used in the construction of the building shall be full face
4-inch brick, and precast masonry unit systems shall meet ASTM
216 standards,
5 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,
6 That the refuse enclosure shall be constructed of brick as shown on
the Refuse Enclosure Detail on the Site Plan, and with steel gates
which, when not in use, shall be closed at all times,
7 That all light poles shall be a maximum of 20 feet high including the
base and all light fixtures shall be shielded to minimize glare
trespassing on adjacent properties and roadway;
8 That the only additional lighting to be provided at the rear (north
end) of the CVS/pharmacy shall consist of lighting beneath the
Regular Meeting Minutes of December 20, 2006 36035
canopy of the drive-through pharmacy and that no light poles be
installed,
9 That all parking spaces shall be double striped,
10 That the traffic lanes serving the drive-up facility shall each be at
least 12 feet in width,
11 That this approval shall incorporate the stipulation contained in the
correspondence dated October 18, 2006 from the Fire Marshal,
12 That the petitioner shall secure the necessary stormwater
management permits from Wayne County, the City of Livonia,
and/or the State of Michigan,
13 That the Developer shall submit for approval an ongoing mosquito
control program, as approved by the Department of Public Works,
describing maintenance operations and larvicide applications to the
City of Livonia Inspection Department prior to the construction of
the stormwater retention facility;
14 That the owner shall provide annual reports to the Inspection
Department on the maintenance and larvicide treatments
completed on the stormwater detention pond, and the owner shall
provide and maintain a fountain in the pond for aesthetic and
circulation purposes,
15 That signage for this use shall be limited to the signs portrayed in
the Sign Package prepared by Sign Art, dated October 31, 2006,
subject to any variances that may be needed from the Zoning
Board of Appeals in regard to directional signs for the drive-up
facility and any conditions pertaining thereto Any additional
signage shall be separately submitted for review and approval by
the Planning Commission and City Council,
16 That no LED lightband or exposed neon shall be permitted on this
site including, but not limited to, the building or around the windows,
17 That the specific plans referenced in this approving resolution shall
be submitted to the Inspection Department at the time the building
Permits are applied for; and
18 That any defects in the screening wall shall be repaired to the
satisfaction of the Inspection Department.
A roll call vote was taken on the foregoing resolutions with the following result.
Regular Meeting Minutes of December 20, 2006 36036
AYES Knapp, Meakin, Godfroid-Marecki, Laura, Robinson, Taylor
McCann
Nays None
On a motion by Taylor, seconded by Robinson and unanimously adopted,
it was
#611-06 RESOLVED, that having considered a communication from
the City Planning Commission, dated November 17, 2006, which transmits
its resolution 11-120-2006, adopted on November 14, 2006, with regard to
Petition 2006-10-02-24, submitted by Mikocem, L.L.0 requesting waiver
use approval to construct a mausoleum at 17840 Middlebelt Road (Mt.
Hope Cemetery) located on the east side of Middlebelt Road between Six
Mile Road and Pickford Avenue in the Southwest 1/4 of Section 12, the
Council does hereby refer this matter to the Committee of the Whole for
report and recommendation
An article from the Detroit Free Press, dated December 19, 2006, titled
"State takes control of 28 state cemeteries owned by Oklahoma man" was received and
placed on file for the information of the Council (Petition 2006-10-02-24)
An article from The Detroit News, dated December 19, 2006, titled "State
seizes control of 28 public cemeteries" was received and placed on file for the
information of the Council (Petition 2006-10-02-24)
An article from The Detroit News, dated April 24, 2006, titled "Cemetery
mystery $61M gone?" was received and placed on file for the information of the
Council (Petition 2006-10-02-24)
An article from Crain's Detroit Business, dated December 19, 2006, titled
"State takes over operation of 28 cemeteries, alleges mismanagement of trust funds"
was received and placed on file for the information of the Council (Petition 2006-10-02-
24)
Regular Meeting Minutes of December 20, 2006 36037
An article from The Detroit News, dated October 3, 2006, titled "Cemetery
chiefs are replaced amid probe" was received and placed on file for the information of
the Council (Petition 2006-10-02-24)
An article from The Detroit News, dated September 27, 2006, titled
"Cemetery funds misused, state says" was received and placed on file for the
information of the Council (Petition 2006-1 0-02-24)
An article from the Detroit Free Press, dated December 20, 2006, titled
"Cemetery chain under state control — Trust fund misuse alleged" was received and
placed on file for the information of the Council (Petition 2006-10-02-24)
An article from The Detroit News, dated December 20, 2006, titled "State
seizes control of 28 cemeteries" was received and placed on file for the information of
the Council (Petition 2006-10-02-24)
There was no Audience Communication at the end of the meeting,
On a motion by Knapp, seconded by Meakin and unanimously adopted,
the 1,575th Regular Meeting of the Council of the City of Livonia was adjourned at
8 27 p m , December 20, 2006
Val Vandersloot, City Clerk
4,