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HomeMy WebLinkAboutCOUNCIL MINUTES 2007-03-14 36122 MINUTES OF THE ONE THOUSAND FIVE HUNDRED EIGHTIETH REGULAR MEETING OF MARCH 14, 2007 On March 14, 2007, 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 Taylor delivered the invocation Roll was called with the following result: Gerald Taylor, Donald Knapp, Brian Meakin, Terry Godfroid-Marecki, Joe Laura, Thomas Robinson and James McCann Absent: None Elected and appointed officials present. Robert Schron, City Engineer; Mark Taormina, City Planner; Sean Kavanagh, City Attorney; Karen Szymula, Director of Legislative Affairs, and Val Vandersloot, City Clerk On a motion by Robinson, seconded by Knapp, and unanimously adopted, it was #95-07 RESOLVED that the Minutes of the 1,579th Regular Meeting of the Council held February 28, 2007 are hereby approved as submitted Meakin announced March is National Reading Month and stated he enjoyed having read earlier today to third grade students at Kennedy School Council President McCann acknowledged Senator Glenn Anderson in the audience, who was present as a courtesy call to the City Senator Anderson offered his assistance to the City regarding any concerns and issues Council may have dealing with Lansing Also, Senator Anderson announced he would be holding Coffee Hours throughout his District, including Livonia, at the Civic Park Senior Citizen Center Senator Anderson also made brief comments about the State Budget and Revenue Sharing Council President McCann announced two Public Hearings to be held on Wednesday, April 18, 2007 at 7 00 p m in the Auditorium in the Livonia City Hall, 33000 Civic Center Drive, Livonia, Michigan, regarding the following items Regular Meeting Minutes of March 14, 2007 36123 Andor Weiss, President, Rob Holdings LLC, requests on behalf of current tenant Linear Mold & Engineering Incorporated, 34435 Glendale, Livonia, MI 48150 the establishment of an Industrial Development District at 34435 Glendale, Livonia, MI 48150 Proposed Special Assessment Street Lighting Project in Chestnut Grove Site Condominiums, N W % Section 4, located on the south side of Eight Mile Road between Gill Road and Ellen Drive To establish the roll Jean Hishmeh, representative of the Livonia Family YMCA, appeared before Council to request permission to place signage for an upcoming Mom to Mom Sale at the Livonia YMCA on March 25, 2007 On a motion by Knapp, seconded by Meakin, and unanimously adopted, it was #96-07 RESOLVED, that having considered a letter from Jean Hishmeh, representing the Livonia Family YMCA, dated March 12, 2007, which requests permission to display a banner on a van at the front of the YMCA, and 24" x 18" signs at various locations in the City announcing their first annual Mom to Mom Sale to be held at the Livonia Family YMCA, on Sunday, March 25, 2007, which signs shall be installed no earlier than Monday, March 19, 2007 and removed no later than Sunday, March 25, 2007, 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 Susan Regalia, President of Northwest Suburban Mothers of Multiples, appeared before Council to request permission to place signage for an upcoming Mom to Mom Sale at St. Matthew's United Methodist Church, Six Mile Road in Livonia on March 24, 2007 On a motion by Meakin, seconded by Taylor, and unanimously adopted, it was #97-07 RESOLVED, that having considered a letter from Susan Regalia, representing Northwest Suburban Mothers of Multiples, which requests permission to display approximately 48 signs announcing the Northwest Suburban Mothers of Multiples Club Clothing Sale to be conducted at St. Matthew's United Methodist Church on Saturday, March 24, 2007, from 9 00 a m to 12 00 p m , which signs are to be Regular Meeting Minutes of March 14, 2007 36124 14" x 22" in size and which will be displayed at various locations in the City, no earlier than Sunday, March 18, 2007, and removed no later than Saturday, March 24, 2007, 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 On a motion by Knapp, seconded by Godfroid-Marecki, it was #98-07 RESOLVED, that having considered a letter from Rev John W Henry II, representing Saint Andrew's Episcopal Church, dated February 8, 2007, which requests permission to display signs announcing the 16th Annual All-Parish Rummage/Garage Sale sponsored by the St. Mary/St. Martha Guild to be conducted at Saint Andrew's Episcopal Church on Friday, April 27, 2007 from 9 00 a m to 4 00 p m and Saturday, April 28, 2007 from 9.00 a m to 2 00 p m , which signs are to be 4' x 5' in size and which signs will be displayed at various locations in the City, and removed promptly after the sale on Saturday, April 28, 2007, 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 #99-07 RESOLVED, that having considered a letter from Jodi Goodman, representing T H E Friends of Literacy, dated February 26, 2007, which requests permission to display signs announcing Bookstock, their annual used book and media sale, to be conducted at Laurel Park Place Mall from Sunday, April 29, 2007 through Sunday, May 6, 2007, which signs are to be 18" x 24" in size and which signs will be displayed at various locations in the City no earlier than the week of April 22, 2007 and removed no later than Monday, May 7, 2007, 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 A communication from the Department of Finance, dated February 1, 2007, re the annual report of the City Investment Policy for the fiscal year ending November 30, 2006, regarding investment activity of City Funds, was received and placed on file for the information of the Council (CR 820-98) #100-07 RESOLVED, that having considered the report and recommendation of the Director of the Housing Commission, dated Regular Meeting Minutes of March 14, 2007 36125 February 19, 2007, which bears the signature of the Director of Finance and is approved for submission by the Mayor, and to which is attached a report containing an explanation of the 2007-2008 Community Development Block Grant (CDBG) Program and tentative budget, the Council does hereby take this means to indicate its informal approval of the proposed program and tentative budget and does further authorize the Housing Commission to conduct a second public hearing on this matter for public comment and to thereafter prepare a final program and budget for submission to the City Council #101-07 RESOLVED, that having considered the report and recommendation of the Director of Public Works and the Superintendent of Public Service, dated February 15, 2007, which bears the signature of the Director of Finance and is approved for submission by the Mayor, the Council does hereby accept the following low bids, which meet specifications, for supplying the Public Service Division (Road Maintenance Section) with bituminous materials specified at the unit prices bid for the period May 1, 2007, through April 30, 2008 1 Nagle Paving Company, 39525 13 Mile Road, Novi, Michigan 48377 1100T 20A Asphaltic Concrete $39 50 per ton 1100T 36A Asphaltic Concrete 43 00 per ton 1100L Asphaltic Concrete 38 00 per ton 2 Ajax Materials Corporation, 830 Kirts Boulevard, Suite 100, Troy, Michigan 48084 Cold Patch Material - Pave 192, Delivered $68 05 per ton 3 Saginaw Asphalt Paving Company, 2981 Carrollton Road, Saginaw, Michigan 48604 Cold Patch Material - U P M or Q P R., Delivered $71 48 per ton FURTHER, in the event the aforesaid low bidders are unable to furnish the materials, the Council does hereby accept the following second lowest bids, which also meet specifications, as alternates for supplying the Public Service Division (Road Maintenance Section) with bituminous materials specified at the unit prices bid for the period May 1, 2007, through April 30, 2008 Regular Meeting Minutes of March 14, 2007 36126 1 Cadillac Asphalt LLC, 51777 West 12 Mile Road, Wixom, Michigan 48393 1100T 20A Asphaltic Concrete $36 00 per ton 1100T 36A Asphaltic Concrete $39 00 per ton Cold Patch Material — Pave 192, Delivered $70 00 per ton 2 Ajax Materials Corporation, 830 Kirts Boulevard, Suite 100, Troy, Michigan 48084 1100L Asphaltic Concrete $39 00 per ton 3 Barrett Paving Materials, 13501 Huron River Drive, Romulus, Michigan 48174 Cold Patch Material - Pave 192, Delivered $70 00 per ton Cold Patch Material — U P M or Q P R , Delivered $93 00 per ton FURTHER, the Council does hereby authorize the expenditure of funds already budgeted from Account No 101-463-782-000 (Road Maintenance Section) for this purpose #102-07 RESOLVED, that having considered the report and recommendation of the Director of Public Works and the City Engineer, dated February 14, 2007, which bears the signature of the Director of Finance and is approved for submission by the Mayor, the Council does hereby accept the unit price bid of R.S Contracting, Inc., 9276 Marine City Hwy , Casco Twp , MI 48064 for completing all work required in connection with the 2007 Lane Line Marking Program (Contract 07-H) for the estimated total cost of $75,566 15, based on the Engineering Division's estimate of units involved, and subject to a final payment based upon the actual units completed in accordance with the unit prices accepted herein, said estimated cost and unit prices having been in fact the lowest and only bid received and meets specifications, FURTHER, the Council does hereby authorize an expenditure in the amount of $75,566 15 from funds already budgeted in Account No 202-463-818-118 (Contractual Services Lane Line Marking) for this purpose, and the City Engineer is hereby authorized to approve minor adjustments in the work as it becomes necessary; and the Mayor and City Clerk are hereby authorized, for and on behalf of the City of Livonia, to execute a contract with the aforesaid bidder Regular Meeting Minutes of March 14, 2007 36127 and to do all other things necessary or incidental to the full performance of this resolution #103-07 RESOLVED, that having considered the report and recommendation of the City Engineer, dated February 7, 2007, approved for submission by the Mayor, with regard to a request from the Wayne County Department of Public Service that the City take jurisdiction and control of the entire on-site storm sewer collection system as part of the construction of the Apple Crest Dental Building, 37500 Seven Mile Road, Livonia, Michigan 48152, the Council does hereby determine as follows 1 To advise the Wayne County Department of Public Service (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 north side of Seven Mile Road, west of Newburgh in the S E 1/4 of Section 6 (See attached Maintenance Agreement from the owner, Apple Crest Properties, L L C , 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 #104-07 RESOLVED, that having considered the report and recommendation of the City Engineer, dated February 7, 2007, approved for submission by the Mayor, with regard to a request from the Wayne County Department of Public Service that the City take jurisdiction and control of the entire on-site storm sewer collection system as part of the construction of The Learning Experience Day Care Center at 37550 Seven Mile Road, Livonia, Michigan 48152, the Council does hereby determine as follows 1 To advise the Wayne County Department of Public Service (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 north side of Seven Mile Road, west of Newburgh in the S E 1/ of Section 6 (See attached Maintenance Agreement from the owner, Talon TLE- Regular Meeting Minutes of March 14, 2007 36128 Livonia, L L C , 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 #105-07 RESOLVED, that having considered a communication from the City Planning Commission, dated February 14, 2007, which transmits its resolution 02-15-2007, adopted on February 13, 2007, with regard to Petition 2007-01-02-01, submitted by Margaret Stevens requesting waiver use approval to operate a gymnastic training facility at 13300 Levan, located on the east side of Levan Road between Industrial Drive and Schoolcraft Road in the Northeast 1/4 of Section 29, which property is zoned M-1, the Council does hereby concur in the recommendation made by the City Planning Commission and Petition 2007-01-02-01 is hereby approved and granted, subject to the following conditions 1 That all issues relating to the requirement that the entire facility and site must meet the current State of Michigan Barrier Free Code, as noted in the correspondence from the Inspection Department dated January 25, 2007, shall be resolved to that department's satisfaction, 2 That adequate off-street parking shall be provided which shall be sufficient to comply with the parking requirement for employees and patrons as set forth in Section 18 38 (12) of the Zoning Ordinance, and which shall be in conformance with the Parking Layout Plan submitted by the petitioner and received by the Planning Commission on January 12, 2007, 3 That drive aisles shall comply with minimum width requirements 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, 4 That there shall be no parking in the public right-of-way; 5 That only conforming signage is approved with this petition, and any additional signage shall be submitted for review and approval of the Planning Commission and City Council, and Regular Meeting Minutes of March 14, 2007 36129 6 That the plan referenced in this approving resolution shall be submitted to the Inspection Department at the time of application for the Certificate of Occupancy #106-07 RESOLVED, that having considered a communication from the Mayor, dated February 26, 2007, the Council does hereby approve of and concur in the appointment of Ashley Vartoogian, 37434 N Laurel Park Drive, Livonia, Michigan 48152, to the City Planning Commission to fill the unexpired term of office of H Shane, which will expire on June 9, 2009, provided that Ms Vartoogian takes the Oath of Office as required in Chapter X, Section 2 of the City Charter, to be administered by the City Clerk. #107-07 Whereas, the City of Livonia has experienced hazards and disasters that have damaged commercial, residential and public properties, displaced citizens and businesses, closed streets and bridges dividing the community both physically and emotionally, and presented general public health and safety concerns, and Whereas, the City has prepared a Hazard Analysis and Mitigation Plan that outlines the City's options to reduce overall damage and impact from natural and technological hazards, and Whereas, the Hazard Analysis and Mitigation Plan has been reviewed by community residents, business owners, and federal, state and local agencies, and has been revised to reflect their concerns, NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Livonia does hereby determine as follows 1 The Hazard Analysis and Mitigation Plan is hereby adopted as an official plan of the City of Livonia 2 A Hazard Mitigation Planning Committee is hereby established as a community advisory body 3 The City of Livonia Hazard Mitigation Planning Committee shall designate its members, subject to the approval of the Mayor or his designee, which members shall serve one-year terms and shall carry out the duties as outlined in the Hazard Analysis and Mitigation Plan 4 The Livonia Hazard Mitigation Planning Committee shall be r charged with supervising the implementation of the Plan's Regular Meeting Minutes of March 14, 2007 36130 recommendations, within the funding limitations as provided by the City of Livonia or other sources 5 The Director of Emergency Preparedness shall convene the Hazard Mitigation Planning Committee as needed 6 At a minimum, the Plan and its implementation will be reviewed at least annually and the Hazard Mitigation Planning Committee shall submit a written progress report relative to any Plan activities to the Mayor or his designee A roll call vote was taken on the foregoing resolutions with the following result: AYES Taylor, Knapp, Meakin, Godfroid-Marecki, Laura, Robinson, and McCann NAYS None Meakin gave first reading to the following Ordinance AN ORDINANCE AMENDING SECTION 9 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 2006-09-01-08) 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 On a motion by Taylor, seconded by Knapp, it was #108-07 RESOLVED, that having considered a communication from the City Planning Commission, dated February 16, 2007, which transmits its resolution 02-16-2007, adopted on February 13, 2007, with regard to Petition 2007-01-02-02, submitted by K4 Architecture, on behalf of Fifth Third Bank, requesting waiver use approval to develop and operate a bank branch with drive-thru operations on property located on the north side of Plymouth Road between Farmington Road and Mayfield Avenue in the Southwest 1/4 of Section 27, which property is zoned C-2, the Council does hereby concur in the recommendation made by the City Planning Commission and Petition 2007-01-02-02 is hereby approved and granted, subject to the following conditions Regular Meeting Minutes of March 14, 2007 36131 1 That the Site Development Plan marked Sheet SDP-1 prepared by K4 Architecture, LLC, dated February 6, 2007, as revised, is hereby approved and shall be adhered to, 2 That the Site Plan marked Sheet SP1 prepared by Nowak & Fraus, dated February 6, 2007, as revised, is hereby approved and shall be adhered to, 3 That the Landscape Plans marked Sheets L1 and L2 prepared by Nowak & Fraus, both dated February 6, 2007, as revised, are hereby approved and shall be adhered to, 4 That all disturbed lawn areas shall be sodded in lieu of hydroseeding, 5 That all landscaped areas shall be irrigated with an automatic underground system, and all planted materials shall be installed to the satisfaction of the Inspection Department and thereafter permanently maintained in a healthy condition, 6 That landscaping consistent with the streetscape design plan formulated by the Plymouth Road Development Authority, including brick piers and ornamental fencing (as depicted on the above-referenced Fence Details Plan marked Sheet L2), as well as foundation plantings, shall be provided within the landscaped area adjacent to the Plymouth Road right-of-way; 7 That the Exterior Elevations Plan marked Sheet A-2 prepared by K4 Architecture, LLC, dated February 6, 2007, as revised, is hereby approved and shall be adhered to, 8 That the brick used in the construction of the building shall be full face 4-inch brick, 9 That the trash and mechanical equipment screening enclosure shall be constructed of brick to match the building and shall have steel gates which, when not in use, shall be closed at all times, 10 That all parking spaces shall be double striped and all accessible spaces shall be marked and signed properly; 11 That all pole mounted light fixtures shall be shielded and shall not exceed a maximum height of 20 feet above grade, and Regular Meeting Minutes of March 14, 2007 36132 shall match existing lighting equipment in the Fountain Park development; 12 That the petitioner shall secure the necessary storm water management permits from Wayne County, the City of Livonia, and/or the State of Michigan, 13 That the traffic lanes serving the drive-up service facilities shall each be at least 12 feet in width, 14 That only conforming wall signage is approved with this petition Any additional signage, either freestanding or wall mounted, shall be separately submitted for review and approval by the Planning Commission and City Council as part of a master sign package, 15 That no LED lightband or exposed neon shall be permitted on this site including, but not limited to, the building or around the windows, 16 That all issues relating to the exiting requirements for two separate exits available at all times to all occupants, as noted in the correspondence from the Inspection Department dated January 23, 2007, shall be resolved to that department's satisfaction, 17 That the petitioner shall comply with the stipulations listed in the correspondence dated January 26, 2007 from the Livonia Fire and Rescue Division of the Department of Public Safety; 18 That the location of the water tap shall be adjusted in accordance with the suggestion contained in the correspondence dated January 23, 2007 from the Engineering Division, 19 That the specific plans referenced in this approving resolution shall be submitted to the Inspection Department at the time of application for the building permits, 20 That the Petitioner shall consult with the Fountain Park Condominium Association on the installation of a traffic control sign that reads "No Through Traffic to Farmington Road" to be placed on the north-south portion of the private road, just north of the east-west drive aisle into the front parking area of the Fountain Park retail, and F L Regular Meeting Minutes of March 14, 2007 36133 21 That all other conditions imposed by Council Resolution #523- 01, which granted approval for the commercial portion of Fountain Park, shall remain in effect to the extent that they are not in conflict with the foregoing conditions A roll call vote was taken on the foregoing resolution with the following result: AYES Taylor, Knapp, Meakin, Godfroid-Marecki, Laura, and McCann NAYS Robinson The President declared the resolution adopted A communication from the Plymouth Road Development Authority, received February 20, 2007, re its review of site, architectural and landscape plans for a full service bank to be developed on property located within the Fountain Park Development, was received and placed on file for the information of Council (Petition 2007-01-02-02) Jeff Wagner, Vice President of Fifth Third Bank, 1000 Town Center, Suite 1600, Southfield, Michigan 48075, was present at the meeting to answer questions of Council Raymond Grix, 11716 Farmington Road, Livonia, expressed concerns regarding potential traffic flow problems re proposed development of Fifth Third Bank on Plymouth Road A communication from the City Treasurer, dated March 6, 2007, re replacement of sidewalks in the City of Livonia, connected with the 2006 Sidewalk Program, Contract 06-G, Single Lot Assessments, was received and placed on file for the information of Council (CR 603-06) Regular Meeting Minutes of March 14, 2007 REVISED 36134 On a motion by Knapp, seconded by Taylor, and unanimously adopted, it was #109-07 RESOLVED, that having considered a communication from the City Treasurer dated March 6, 2007, regarding the replacement of sidewalks in connection with the 2006 Sidewalk Program, Contract 06-G, Single Lot Assessments, in the City of Livonia on the following parcels in the following amounts Parcels of property and assessment, as outlined in the Treasurer's letter, dated March 6, 2007, is included herein by reference, which work was done pursuant to Council Resolution 184-06 and in accordance with the provisions of Section 12 04 340 of Title 12, Chapter 4 of the Livonia Code of Ordinances, and the City Treasurer having thereafter sent a statement of charges by first class mail to the owners of property to be assessed wherein notice of the meeting by the City Council on this date was given and at least 30 days having expired since the giving of such notice with such charges remaining unpaid, the Council does hereby, pursuant to the provisions of Section 3 08 150 of Title 3, Chapter 8 of the Livonia Code of Ordinances, adopt this resolution wherein a special assessment is placed upon such property for said charges, FURTHER, the Council does hereby authorize installment payments in the number of three (3) installments at 6% interest where assessments exceed $400 00 and the property owner has requested such installments, FURTHER, the Council does hereby request that the City Treasurer shall give notice of the amounts herein determined to the persons chargeable therewith, such notice to be sent by first class mail to the last known address of such persons as shown on the most current assessment roll of the City, and where payments herein authorized are not made within the specified time this fact shall be reported by the City Treasurer to the City Assessor who shall charge such amount together with a penalty of 10% of such amounts against the persons or real property chargeable therewith on the next general tax roll, and the City Clerk and City Treasurer are hereby requested to do all things necessary or incidental to the full performance of this resolution On a motion by Knapp, seconded by Robinson, it was #110-07 RESOLVED, that having considered a communication from the Department of Law, dated March 1, 2007, the Council does hereby, by a two-thirds roll call vote in accordance with Section 7(1) of the Open Meetings Act, direct that a Closed Committee of the Whole meeting be held for the purposes of discussing litigation matters and Regular Meeting Minutes of March 14, 2007 36135 attorney/client privileged communications in connection with pending litigation, Allen v City of Livonia A roll call vote was taken on the foregoing resolution with the following result: AYES Taylor, Knapp, Meakin, Godfroid-Marecki, Laura, Robinson and McCann NAYS None The President declared the resolution adopted McCann wished a Happy St. Patrick's Day to everyone On a motion by Knapp, seconded by Meakin, and unanimously adopted, this 1,580th Regular Meeting of the Council of the City of Livonia was adjourned at 8.26 p m , March 14, 2007 Val Vandersloot, City Clerk