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