HomeMy WebLinkAboutCOUNCIL MINUTES 2006-05-10 REVISED REVISED CR 213-06_ 35682
MINUTES OF THE ONE THOUSAND FIVE HUNDRED SIXTIETH
REGULAR MEETING OF MAY 10, 2006
On May 10, 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 delivered 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: Robert Schron, City Engineer;
Mark Taormina, City Planner; Sean Kavanagh, City Attorney; Val Vandersloot, City
Clerk, Karen Szymula, Director of Legislative Affairs and Karen Kapchonick,
Superintendent of Parks and Recreation
On a motion by Robinson, seconded by Taylor, it was
CR 194-06 RESOLVED, that the minutes of the 1,559th Regular
Meeting of the Council held April 26, 2006 are hereby approved as
submitted
A roll call vote was taken on the foregoing resolution with the following result:
AYES Robinson, Taylor, Knapp, Godfroid-Marecki and McCann
NAYS None
PRESENT Laura and Meakin
During the audience communication portion of the agenda,
Councilmember Meakin presented a Proclamation to Maria Henderson, 11800
Merriman, Livonia Main Post Office, announcing the 13th Annual National
Association of Letter Carriers Food Drive to be held on Saturday, May 13 Ms
Henderson accepted the Proclamation and urged residents to leave non-perishable
food items out for the letter carriers to collect on May 13
Regular Meeting of May 10, 2006 35683
City Clerk Val Vandersloot wished a "Happy Birthday" to her mother,
Zenija, who will celebrate her special day next week. She also wished her
husband, Donald, a "Happy Birthday", who will be 66 on Sunday, May 14
Donald will be traveling to Grand Rapids on that day to participate in the Fifth
Third Riverbank 25K Race
Michael Oblack, 18311 Irving, asked Council to consider starting the
Council meetings with the Pledge of Allegiance
A communication from the Department of Finance, dated April 20,
2006, re forwarding various financial statements of the City of Livonia for the month
ending March 31, 2006, was received and placed on file for the information of the
Council
An e-mail communication from the Mayor's Office, forwarding a
message from Ray Grix, resident of the Fountain Park Condominiums, re
opposing the "outside seating" at Beaners Gourmet Coffee located at 33328
Plymouth Road, was received and placed on file for the information of the
Council (Petition 2006-02-02-05) [Agenda Item #17]
On a motion by Taylor, seconded by Godfroid-Marecki, it was
CR 195-06 RESOLVED, that having considered an application from
Kathleen A. Fitzgerald, 9917 Cranston, dated April 12, 2006,
requesting permission to close Cranston between Elmira and
Orangelawn on Monday, May 29, 2006, from 2 00 p m to 8 00 p m for
the purpose of conducting a block party, the Council does hereby grant
permission as requested, the action taken herein being made subject
to the approval of the Police Department.
CR 196-06 RESOLVED, that having considered an application from
Kelly Perez, 36517 Sherwood, dated April 19, 2006, requesting
permission to close Sherwood between Comstock and Williams on
Saturday, June 10, 2006, from 12 00 noon to 5 00 p m for the purpose
of conducting a block party, the Council does hereby grant permission
as requested, including therein permission to conduct the said affair on
Saturday, June 17, 2006, in the event of inclement weather, the action
taken herein being made subject to the approval of the Police
Department.
Regular Meeting of May 10, 2006 35684
CR 197-06 RESOLVED, that having considered an application from
Tracy Favaro, 16148 Southampton Court, dated April 14, 2006,
requesting permission to close Southampton between 16253
Southampton and Oakdale Avenue on Saturday, June 24, 2006, from
3 00 p m to 10 00 p m for the purpose of conducting a block party, the
Council does hereby grant permission as requested, including therein
permission to conduct the said affair on Sunday, June 25, 2006, in the
event of inclement weather, the action taken herein being made
subject to the approval of the Police Department.
CR 198-06 RESOLVED, that having considered a letter from Jim
Guthard, Bottle Drive Chairman for Cub Scout Pack 750, dated April
11, 2006, which requests permission to display twelve (12) signs
announcing their Annual Bottle Drive to be held on Saturday, June 3,
2006, which signs are to be 24" x 24" in size and which will be
displayed from Saturday, May 27, 2006, through Saturday, June 3,
2006, at various locations in the City, 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
CR 199-06 RESOLVED, that having considered a letter from Harry
Hooker, Event Chairman, on behalf of the Rotary Club of Livonia,
dated April 10, 2006, requesting permission to sell beer, to place a 4' x
8' banner at the entrance to Rotary Park for a period not to exceed two
weeks, and to place 18"x 28" wire mounted signs at various
intersections in the City, announcing the Rotary Club of Livonia's
Annual Bar-B-Que and Family Fun Fest to be held at Rotary Park on
Sunday, August 13, 2006, as a fundraiser for Rotary Park and other
Rotary community and international projects, the Council does hereby
grant permission as requested, the action taken herein being subject to
the following conditions
1 The Rotary Club of Livonia shall provide the City of Livonia with
an appropriate insurance policy naming the City of Livonia as
additional insured with liquor liability coverage in the amount of
$1 million, and such Certificate of Insurance shall be submitted
to the Department of Law for approval by the City prior to the
event;
2 That all alcoholic beverages will be sold only by Rotarians and
proof of legitimate drinking age will be required,
3 That alcoholic beverages will be served in a fenced off area,
Regular Meeting of May 10, 2006 35685
4 That the Rotary Club will obtain a 24-hour Alcohol Sales Permit
from the State of Michigan prior to this event;
5 That medical and security personnel shall be on site at all times,
and
6 That the wire-mounted road signs will be installed on July 29,
2006 and removed by Monday, August 14, 2006, with the
understanding that the City is not responsible should the signs
be removed by Wayne County
CR 200-06 RESOLVED, that having considered a request made
during audience communication at the Study Meeting of May 3, 2006,
from Linda Bentley, 9206 Colorado, requesting the removal of a tree
stump in front of her house, the Council does hereby refer this item to
the Administration for its report and recommendation
CR 201-06 RESOLVED, that having considered a communication
from the Mayor, dated May 1, 2006, wherein he has requested
approval of the reappointment of Stan Anderson to the Livonia
Plymouth Road Development Authority as a Resident Member at
Large for a four-year term expiring May 16, 2010, pursuant to Section
3 16 060 of the Livonia Code of Ordinances, as amended, and Act No
197 of the Public Acts of Michigan of 1975, as amended, the Council
does hereby confirm and approve such reappointment.
CR 202-06 RESOLVED, that having considered a communication
from the Mayor, dated April 21, 2006, wherein he has requested
approval of the reappointment of Scott Grace to the Livonia Plymouth
Road Development Authority as a representative of the
Business/Property Owner in the district for a four-year term expiring
May 16, 2010, pursuant to Section 3 16 060 of the Livonia Code of
Ordinances, as amended, and Act No 197 of the Public Acts of
Michigan of 1975, as amended, the Council does hereby confirm and
approve such reappointment.
CR 203-06 RESOLVED, that having considered a communication
from the Mayor, dated April 21, 2006, wherein he has requested
approval of the reappointment of John J Hiltz to the Livonia Plymouth
Road Development Authority as a representative of the
Business/Property Owner in the district for a four-year term expiring
May 16, 2010, pursuant to Section 3 16 060 of the Livonia Code of
Ordinances, as amended, and Act No 197 of the Public Acts of
Regular Meeting of May 10, 2006 35707
connection with a proposal to construct an addition to the hospital
located at 36475 Five Mile Road, on the southwest corner of Five Mile
and Levan Roads in the Northwest 1/4 of Section 20, pursuant to the
provisions set forth in Section 18 58 of Zoning Ordinance No 543, as
amended, the Council does hereby concur in the recommendation of
the Planning Commission and Petition 2006-03-08-05 is hereby
approved and granted, subject to the following conditions.
1 That the Campus Site Plan marked Sheet SP-2 dated February
24, 2006, prepared by Trinity Design, is hereby approved and
shall be adhered to,
2 That the Paving and Layout Plan marked Sheet C2 0 dated
March 1, 2006, as revised, prepared by Trinity Design, is hereby
approved and shall be adhered to,
3 That the Grading and Utility Plan marked Sheet C3 0 dated May
5, 2006, as revised, prepared by Trinity Design, is hereby
approved and shall be adhered to,
4 That all parking spaces in the new reconfigured emergency lot
shall measure ten (10) feet in width by twenty (20) feet in length,
5 That with the exception of the abovementioned emergency lot,
all newly constructed parking spaces for the hospital shall not
be less than nine (9) feet in width and twenty (20) feet in length,
and all pre-existing spaces shall be nine (9) feet in width and
twenty (20) feet in depth, except that where owing to special
circumstances this requirement would result in a loss of parking
spaces, the Petitioner may seek relief from the Zoning Board of
Appeals for deficient parking stall depth, but in no case shall be
less than eighteen (18) feet;
6 That the Landscape Plan marked Sheet L1 0 dated March 1,
2006, as revised, prepared by Trinity Design, is hereby
approved and shall be adhered to,
7 That the height of the planted trees shall be measured from the
top of the root ball to the mid-point of the top leader;
8 That all disturbed lawn areas shall be sodded in lieu of
hydroseeding,
9 That underground sprinklers are to be provided for all
landscaped and sodded areas and all planted materials shall be
Regular Meeting of May 10, 2006 35708
installed to the satisfaction of the Inspection Department and
thereafter permanently maintained in a healthy condition,
10 That the Exterior Building Elevation Plan marked Sheet A3-1
dated February 2, 2006, as revised, prepared by Trinity Design,
is hereby approved and shall be adhered to,
11 That the brick used in the construction shall be full-face 4 inch
brick,
12 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,
13 That the petitioner shall secure the necessary storm water
management permits from Wayne County, the City of Livonia,
and/or the State of Michigan, and provide all plans deemed
necessary by the City Engineer to install and maintain a storm
water detention facility for the expanded parking lot;
14 That sidewalks shall be installed along Levan Road from the
north drive into the hospital main entrance to the north edge of
the drive to the Marian Professional Center, as described in the
Engineering Division's correspondence dated March 13, 2006,
15 That the petitioner shall correct to the Fire Department's
satisfaction the items outlined in the correspondence dated
March 7, 2006,
16 That this approval is subject to the petitioner being granted a
variance from the Zoning Board of Appeals for deficient number
of parking spaces and parking width (not less than 9 feet) and
any conditions related thereto, and
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
On a motion by Knapp, seconded by Meakin, it was
CR 224-06 WHEREAS, the City Clerk has received an Application
for Industrial Facilities Exemption Certificate from Michigan Dairy, LLC,
dated March 6, 2006, covering new industrial facilities to be located
within City of Livonia Industrial Development District No 32, and
Regular Meeting of May 10, 2006
35709
WHEREAS, the City Clerk has notified in writing the Assessor of the
City of Livonia as well as the legislative body of each taxing unit which
levies ad valorem property taxes in the local governmental unit in
which the proposed facility is to be located, i e , the City of Livonia, and
advised each of them that the said Application has been received, and
WHEREAS, the City Council has afforded Michigan Dairy, LLC, the
Assessor, and a representative of each of the affected taxing units an
opportunity for a hearing on this Application and said hearing having in
fact been conducted at 7 00 p m , Monday, April 17, 2006, at the
Livonia City Hall, 33000 Civic Center Drive, Livonia, Michigan
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
LIVONIA AS FOLLOWS
1 That the City Council, on the basis of the information received
from the applicant, Michigan Dairy, LLC, finds and determines
(a) that the granting of this Industrial Facilities Exemption
Certificate shall not have the effect of substantially impeding the
operation of the local governmental unit or impairing the
financial soundness of any taxing unit which levies an ad
valorem property tax in the local governmental unit in which the
facility is to be located, and (b) the applicant has fully complied
with the requirements of Section 9, Act No 198, P.A. 1974, as
amended
2 That the City Council hereby approves the Application for
Industrial Facilities Exemption Certificate from Michigan Dairy,
LLC, covering new industrial facilities to be located within the
City of Livonia Industrial Development District No 32 for 12
years
3 That in accordance with the requirements of Section 22, Act
198, P.A. 1974, as amended, wherein a Letter of Agreement
between the applicant and the City is required in order to clarify
the understanding and the commitment between the applicant
and the City upon approval of an Industrial Facilities Exemption
Certificate, the Council hereby authorizes the Mayor and City
Clerk to sign such Letter of Agreement as duly executed by the
applicant and incorporate such Letter of Agreement as part of
the documentation required to process applications for Industrial
Facilities Exemption Certificates
A roll call vote was taken on the foregoing resolution with the following result:
AYES Laura, Robinson, Knapp, Meakin and Godfroid-Marecki
Regular Meeting of May 10, 2006 35710
NAYS Taylor and McCann
The President declared the resolution duly adopted
On a motion by Taylor, seconded by Meakin, and unanimously
adopted, it was.
CR 225-06 RESOLVED, that having considered a communication
from the City Attorney, dated May 1, 2006, approved for submission by
the Mayor, transmitting an Addendum to the Sublease Agreement for
the Fox Creek Clubhouse Restaurant between the City of Livonia and
George & Murph's, LLC, to amend paragraph 2 8 of the Sublease
Agreement previously approved in Council Resolution 68-06, adopted
on February 8, 2006, to specify that George & Murph's LLC shall have
the exclusive authority, responsibility and liability for sale and
consumption of alcoholic beverages on the City of Livonia owned and
operated golf course known as Fox Creek Golf Course, the Council
does hereby approve the Addendum to the aforementioned Sublease
Agreement and does hereby authorize the Mayor and City Clerk, for
and on behalf of the City of Livonia, to execute this Addendum, subject
to the approval as to form by the Department of Law, as well as to do
all other things necessary or incidental to the full performance of this
resolution
A Letter of Understanding by and between the City of Livonia and
George & Murph's, LLC, the owner and licensee at the restaurant located at 36000
Seven Mile Road, was received and placed on file for the information of the Council
On a motion by Knapp, seconded by Meakin, and unanimously
adopted, it was
CR 226-06 RESOLVED, that having considered a letter from the
Michigan Liquor Control Commission, dated March 31, 2006, and the
report and recommendation of the Chief of Police, dated April 27,
2006, approved for submission by the Director of Public Safety and the
Mayor, with regard to a request from George & Murph's, LLC,
requesting approval of an application for a new Michigan Liquor
Control Commission Class C License with Sunday Sales Permit,
Regular Meeting of May 10, 2006 35711
Entertainment Permit, Official Permits (food and golf), Outdoor Service
Area and two bars (issued under MCL 436 1515-1), for a business
located at 36000 Seven Mile Road, Livonia, Michigan, 48152, Wayne
County, the Council does hereby take this means to advise the
Michigan Liquor Control Commission that the City approves the said
request "Above All Others", and the City Clerk is hereby requested to
forward a certified copy of this resolution to the Michigan Liquor
Control Commission
Council Vice-President Knapp wished a "Happy Mother's Day" to his
mother and a "Happy Birthday" to his brother-in-law, Tony Hall
Councilmember Godfroid-Marecki wished Council President Jim
McCann a "Belated Happy Birthday" since he celebrated his birthday on May 9,
2006
On a motion by Meakin, seconded by Godfroid-Marecki, and
unanimously adopted, this 1,560th Regular Meeting of the Council of the City of
Livonia was adjourned at 9.00 p m , May 10, 2006
L. ./4 • -
L, . ,
Val Vandersloot, City Clerk