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HomeMy WebLinkAboutCOUNCIL MINUTES 2006-08-30 _5849 MINUTES OF THE ONE THOUSAND FIVE HUNDRED SIXTY-SEVENTH REGULAR MEETING OF AUGUST 30, 2006 On August 30, 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 Robinson led the pledge of allegiance Roll was called with the following result. Thomas Robinson, Gerald Taylor, Donald Knapp, Brian Meakin, Terry Godfroid-Marecki, Joe Laura and James McCann Absent: None Elected and appointed officials present: Robert Schron, City Engineer; Mark Taormina, City Planner; Cathryn K White, Chief Assistant City Attorney; Val Vandersloot, City Clerk, Karen Szymula, Director of Legislative Affairs, Karen Kapchonick, Superintendent of Parks and Recreation, Ian Wilshaw, Planning Commission, Dan Putman, Information Systems Director; Peter Kuntz, Director of Public Safety; Toni Aloe, Zoning Board of Appeals, and Sgt. Paul Wood, Police Department. On a motion by Robinson, seconded by Meakin, and unanimously adopted, it was #382-06 RESOLVED, that the minutes of the 1,566th Regular Meeting of the Council held August 9, 2006 are hereby approved as submitted On a motion by Godfroid-Marecki, seconded by Laura, and unanimously adopted, It was #383-06 RESOLVED, that having considered a request from Councilmember Terry Godfroid-Marecki, the Council does hereby refer the subject of the establishment of procedures to notify residents before a Regular Meeting of August 30, 2006 35850 'Stop' sign is removed in their neighborhood to the Administration for a report and recommendation Taylor reported that Mayor Engebretson is home recovering after minor surgery and would be returning to City Hall on September 5th During the audience communication portion of the agenda, Virginia Gerstner, 34602 Pembroke, addressed the Council regarding the lack of sufficient restroom facilities at Bicentennial Park and the cleanliness of the existing facilities A communication from the Department of Finance, dated August 31, 2006, forwarding various financial statements of the City of Livonia for the month ending July 31, 2006, was received and placed on file for the information of the Council A report from the Planning Department, dated August 23 2006, re outdoor lighting at the Livonia Community Recreation Center was received and placed on file for the information of the Council On a motion by Meakin, seconded by Knapp, it was #384-06 RESOLVED, that having considered an application from Karen Werden, 19651 Flamingo, dated July 12, 2006, requesting permission to close Flamingo between St. Martins and Bretton on Saturday, September 9, 2006, from 3.00 p m. to 8 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, September 16, 2006, in the event of inclement weather, the action taken herein being made subject to the approval of the Police Department. #385-06 RESOLVED, that having considered an application from Linda Rooney, 14074 Riverside, dated July 19, 2006, requesting permission to close Summers between Riverside and Ashurst on Saturday, September 9, 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 Saturday, September 16, 2006, in the event of inclement weather, the action taken herein being made subject to the approval of the Police Department. Regular Meeting of August 30, 2006 35851 #386-06 RESOLVED, that having considered an application from Michele Tanderys, 36536 Marler, dated July 25, 2006, requesting permission to close Marler between Williams and Comstock on Saturday, err September 23, 2006, from 3 30 p m to 10 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. #387-06 RESOLVED, that having considered an application from Caren Shatter, 15642 Sussex, dated July 27, 2006, requesting permission to close Sussex between Fitzgerald and Sherwood on Saturday, September 9, 2006, from 2 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, September 10, 2006, in the event of inclement weather, the action taken herein being made subject to the approval of the Police Department. #388-06 RESOLVED, that having considered an application from Dawn Nowicki, 30905 Orangelawn, dated July 31, 2006, requesting permission to close Orangelawn between Sunset and Denne on Saturday, September 9, 2006, from 12.00 p m to 10 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. #389-06 RESOLVED, that having considered an application from Denise Justice, 32449 Washington, dated August 3, 2006, requesting permission to close Washington between Hubbard and Illinois on Saturday, September 9, 2006, from 12 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 Saturday, September 16, 2006, in the event of inclement weather, the action taken herein being made subject to the approval of the Police Department. #390-06 RESOLVED, that having considered an application from Douglas Kieselbach, 31243 Minton, dated August 4, 2006, requesting permission to close Minton between Merriman and Sunset on Saturday, October 7, 2006, from 2 00 p m to 10 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 Regular Meeting of August 30, 2006 35852 #391-06 RESOLVED, that having considered an application from Carol White, 17527 Doris, dated August 13, 2006, requesting permission to close Sunset between Bobrich and Jeanine on Saturday, September 9, 2006, from 3 30 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, September 10, 2006, in the event of inclement weather, the action taken herein being made subject to the approval of the Police Department. #392-06 RESOLVED, that having considered a letter from Danielle Ruskin, representing Northwest Suburban Mothers of Multiples, dated July 14, 2006, which requests permission to display approximately 56 Signs announcing the Northwest Suburban Mothers of Multiples Club Bi-Annual Clothing Sale to be conducted at St. Matthew's United Methodist Church on Saturday, September 30, 2006, which signs are to be 14"x 22" in size and which will be displayed at various locations in the City, no earlier than Saturday, September 23, 2006, and removed no later than Sunday, October 1, 2006, 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 #393-06 RESOLVED, that having considered a letter from April Pope, representing Newburg United Methodist Church, dated July 24, 2006, which requests permission to display approximately 24 signs announcing the Newburg United Methodist Church Mom-to-Mom Sale to be conducted on Saturday, September 30, 2006, and announcing the Newburg United Methodist Church Rummage Sale to be conducted on Thursday, October 5, 2006 through Saturday, October 7, 2006, which signs are to be 18"x 24" in size and which will be displayed at various locations in the City, no earlier than Saturday, September 23, 2006 for the Mom-to-Mom Sale and Thursday, September 28, 2006 for the Rummage Sale and removed no later than Sunday, October 1, 2006 for the Mom-to-Mom Sale and Sunday, October 8, 2006 for the Rummage Sale, 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 #394-06 RESOLVED, that having considered a letter from Cindy Haycock, Frost Middle School PTSA President, dated July 28, 2006, which requests permission to display approximately 66 signs announcing Frost's Annual Craft Show to be conducted on Saturday, November 4, 2006, which signs are to be 22" x 28" in size and which will be displayed at various locations in the City no earlier than Sunday, October 22, 2006, and removed no later than Sunday, November 5, 2006, and two signs measuring approximately 62" x 31" to be placed at the corners of Regular Meeting of August 30, 2006 35853 Farmington and Lyndon and Stark and Schoolcraft no earlier than Saturday, October 22, 2006 and removed no later than Sunday, November 5, 2006, 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 #395-06 RESOLVED, that having considered a letter from Gene Cramer, Livonia Historical Society, Flea Market Chairperson, and Suzanne Daniel, Chairperson of the Historical Commission, dated July 26, 2006, approved for submission by the Director of Community Resources and the Mayor, which requests permission to display two banner signs (4' x 8') on the fencing at Greenmead, a 4' x 4' sign placed on the median of 5 Mile Road, east of Farmington Road, and 25" x 15" signs at various locations in the City announcing the Flea Market to be held Sunday, September 10, 2006, at Greenmead, which signs shall be installed no earlier than Thursday, August 31, 2006, and removed no later than Wednesday, September 13, 2006, 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 #396-06 RESOLVED, that having considered a letter from Therese Vick, representing St. Edith and St. Kenneth Parishes, dated August 2, 2006, which requests permission to display 78 signs announcing their Mom-to-Mom Sale to be conducted on Saturday, October 21, 2006, which signs are to be 23" x 14" in size and shall be displayed at various locations in the City from Saturday, October 14, 2006, through Saturday, October 21, 2006, and to display one 2' x 3' sign in front of the church from Saturday, October 14, 2006, through Saturday, October 21, 2006, 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 #397-06 RESOLVED, that having considered a letter from Diana Giordano and JoAnn Sopko, representing St. Edith School, received in the Office of the City Clerk on August 7, 2006, which requests permission to display 107 signs announcing their fall craft show to be conducted on Saturday, November 11, 2006, which signs are to be 22" x 14" in size and shall be displayed at various locations in the City from Sunday, November 5, 2006, through Sunday, November 12, 2006, and to display one 48" x 36" sign in front of the school and church from Saturday, October 21, 2006, through Sunday, November 12, 2006, 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 Regular Meeting of August 30, 2006 35854 #398-06 RESOLVED, that having considered a letter from Virginia Pochloff, St. Mary's Guild - Marycrest Manor, dated August 11, 2006, which requests permission to display approximately 10 signs announcing the Marycrest Manor 4th Annual Yard Sale Benefit to be conducted on Thursday, September 7, 2006 through Saturday, September 9, 2006, which signs are to be 18"x 24" in size and which will be displayed at various locations in the City, no earlier than Friday, September 1, 2006, and removed no later than Monday, September 11, 2006, 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 #399-06 RESOLVED, that having considered a request from Councilmember Joe Laura regarding the subject of "Stop" signs and the recent removal of "Stop" signs on Levan Road at Roycroft and in front of Hoover School, the Council does hereby refer this item to the Streets, Roads and Plats Committee for its report and recommendation #400-06 RESOLVED, that having considered a letter from Kevin Murphy, Athletic Director, Clarenceville High School, dated June 26, 2006, the Council does hereby approve and recognize the Clarenceville High School Homecoming Parade to be held on Friday, October 13, 2006, beginning at 5 00 p m , FURTHER, the Council does hereby approve the parade route as follows Exit the west driveway of Botsford Elementary and travel north on Brentwood to Pembroke, west on Pembroke to Weyher, south on Weyher to St Martins, west on St. Martins to Parkville, north on Parkville to Bretton, west on Bretton to Middlebelt; and north on Middlebelt to the Clarenceville Middle School parking lot; FURTHER, the Council does hereby request that the Wayne County Road Commission allow the City of Livonia to close the necessary roads between the hours of 5 00 p m and 8 00 p m or until the roads are returned to normal traffic operation, that the City of Livonia will assume liability for any damage claims which may arise as a result of the road closure, as to Wayne County only; and that Sgt. David Studt is hereby designated and authorized to sign the road closure permit on behalf of the City of Livonia #401-06 RESOLVED, that having considered a communication from the Mayor, dated August 9, 2006, wherein it is indicated that Mr Richard Gallagher, 29991 Munger, Livonia, Michigan 48154, has been reappointed to the Board of Directors of the Economic Development Corporation of the Regular Meeting of August 30, 2006 35855 City of Livonia for a term of six years commencing June 7, 2006, and expiring on June 7, 2012, the Council does hereby approve of and concur in the aforesaid action A communication from the Office of the City Clerk, dated July 24, 2006, re Tax Rate for the Clarenceville School District for the Year 2006, was received and placed on file for the information of the Council #402-06 RESOLVED, that having considered a letter from the City Clerk, dated August 10, 2006, the Council does hereby approve the request of the City Clerk to relocate several City of Livonia voting precincts due to the closing of six (6) Livonia Public Schools, which changes with respect to voting precincts shall be as follows Tyler School - 3A moving to Coolidge School 3B moving to Buchanan School 4C moving to Dickinson Center Taylor School - 7A moving to Dickinson Center 8A moving to Dickinson Center 8B moving to Dickinson Center Hull School - 20A moving to Frost Middle School 21A moving to Frost Middle School Washington School - 31A moving to Rosedale School 31 B moving to Rosedale School McKinley School - 35B to remain at McKinley Center 35C to remain at McKinley Center Adams School - 24A moving to Roosevelt School 24B moving to Riley Middle School #403-06 RESOLVED, that having considered a letter from the Michigan Liquor Control Commission, dated March 21, 2006, and the report and recommendation of the Chief of Police, dated July 17, 2006, approved for submission by the Public Safety Director and the Mayor, the Council does hereby determine that it has no objection to and does recommend approval of the request from Jim's Party Shoppe, Inc. for a new SDM license, for a business located at 34395 Plymouth Road, Livonia, Michigan 48150, Wayne County; and the City Clerk is hereby Regular Meeting of August 30, 2006 35856 requested to forward a certified copy of this resolution to the Michigan Liquor Control Commission #404-06 RESOLVED, that having considered a communication from the Chief of Police, dated July 17, 2006, which bears the signatures of the Director of Finance and the Public Safety Director and is approved for submission by the Mayor, to which is attached a proposed Intergovernmental Agreement between the City of Livonia and the County of Wayne, the Council does hereby authorize participation in the Edward Byrne Memorial Justice Assistance Grant (JAG) Program and does, for and on behalf of the City Of Livonia, accept the 2006 Edward Byrne Memorial Justice Assistance Grant in the amount of $11,320 00, the same to be deposited in Account No 223-660-558-081 (Revenue Account) and appropriated for its intended purposes, and the Mayor and City Clerk are hereby authorized, for and on behalf of the City of Livonia, to execute the Intergovernmental Agreement in the manner and form herein submitted #405-06 RESOLVED, that having considered the report and recommendation of the Chief of Police, dated July 13, 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 hereby authorize the purchase of three (3) Motorola Mobile Data Computers (MDC) for the Police Department from Motorola, Inc, in the total amount of $16,507 26, the same to be expended from the 2005 JAG Grant Funds ($15,787 00) with the remaining funds for this purchase to be expended from Account No 265-334-756-000 (Federal Forfeiture-Misc ) for this purpose, FURTHER, the Council does hereby determine to authorize the said purchase without competitive bidding inasmuch as the same is based upon the low State of Michigan REMC Cooperative bid price and in accordance with the provisions set forth in Section 3 04 140D4 of the Livonia Code of Ordinances, as amended #406-06 RESOLVED, that having considered a communication from the Director of Community Resources, dated July 14, 2006, which bears the signatures of the City Attorney and the Director of Finance and is approved for submission by the Mayor, and to which is attached an agreement between the City of Livonia and Wayne County Office of Senior Citizen Services for the distribution of U S D.A. TEFAP commodities to low income residents through September 30, 2007, the Council does hereby authorize the Mayor and City Clerk, for and on behalf of the City of Livonia, to execute the said agreement in the manner and form herein submitted, as well as to do all other things necessary or incidental to the full performance of this resolution A communication from the Board of Trustees, Livonia Employees Retirement System, dated August 7, 2006, re City of Livonia Retiree Health and Regular Meeting of August 30, 2006 35857 Disability Benefits Plan and Trust (VEBA) Annual Actuarial Valuation Report as of November 30, 2005, was received and placed on file for the information of the Council A communication from the Board of Trustees, Livonia Employees Retirement System, dated August 7, 2006, re City of Livonia Retirement System Defined Benefit (DB) Plan Annual Actuarial Valuation Report as of November 30, 2005, was received and placed on file for the information of the Council #407-06 RESOLVED, that having considered the report and recommendation of the Superintendent of Parks and Recreation, dated August 4, 2006, which bears the signature of the Director of Finance and is approved for submission by the Mayor, and which sets forth Parks and Recreation Commission Resolution 2871-06, adopted on May 8, 2006, wherein the Commission has recommended an increase in figure skating and competition fees per the attached schedule, the Council does hereby approve the increases in fees and charges as recommended in the aforesaid communication #408-06 RESOLVED, that having considered the report and recommendation of the Superintendent of Parks and Recreation, dated August 7, 2006, which bears the signature of the Director of Finance and is approved for submission by the Mayor, the Council does hereby authorize the purchase of three (3) Toro Workman 2100 utility vehicles for the Department of Parks and Recreation (one for each of the three golf courses) from Spartan Distributors, inc , 487 W Division Street, P 0 Box 246, Sparta, Michigan 49345 in the amount of $6,991 92 each, for a total price of $20,875 76, FURTHER, the Council does hereby determine to authorize the said purchase without competitive bidding inasmuch as the same is based upon the low State of Michigan bid price (under Contract Agreement No 071B1001610) and in accordance with the provisions set forth in Section 3 04 140D4 of the Livonia Code of Ordinances, as amended, FURTHER, the Council does hereby authorize the expenditure of funds already budgeted from Account Nos 508-140-686 (Whispering Willows), 508-140-687 (Idyl Wyld) and 508-140-688 (Fox Creek) for this purpose #409-06 RESOLVED, that having considered a communication from the Department of Parks and Recreation, dated August 7, 2006, which bears the signature of the Finance Director and is approved for submission by the Mayor, the Council does hereby accept the bid of Crook Electric Company, 20729 Sunnydale Street, Farmington Hills, Michigan 48336, for completing all work required in connection with the installation Regular Meeting of August 30, 2006 35858 of outdoor lighting at the Livonia Community Recreation Center, for a total amount of $32,100 00, the same having been in fact the lowest and only bid received and meets all specifications, FURTHER, the Council does hereby authorize an expenditure in the amount of $32,100 00 from funds already budgeted for this purpose in Account No 208 755 971 000, and the Mayor and City Clerk are hereby authorized to execute a contract for and on behalf of the City of Livonia with the aforesaid bidder and to do all other things necessary or incidental to the full performance of this resolution #410-06 RESOLVED, that having considered the report and recommendation of the Superintendent of Public Service, dated August 1, 2006, which bears the signature of the Director of Finance and is approved for submission by the Mayor, the Council does hereby authorize the purchase of five (5) additional Cartegraph licenses from Cartegraph Systems, Inc , 3600 Digital Drive, Dubuque, Iowa 52003 for a total amount of $27,200 00 in connection with Phase II of the Cartegraph System, FURTHER, the Council does hereby authorize an expenditure in the amount of $27,200 00 from funds already budgeted in Account No 592- 559-150-036 for this purpose, FURTHER, the Council does hereby authorize the purchase of said item without competitive bidding for the reasons indicated in the aforesaid communication, and such action is taken in accordance with Section 3 04 140D2 of the Livonia Code of Ordinances, as amended A communication from the Public Service Division, re Structure Repairs at 15065 Woodside (Jack Custer), dated July 31, 2006, was received and placed on file for the information of the Council A communication from the Public Service Division, dated July 31, 2006, re 2006 Livonia Rehabilitation, Reconstruction and Paving Program, Contract #06-A was received and placed on fie for the information of the Council #411-06 RESOLVED, that having considered the report and recommendation of the Superintendent of Public Service, dated August 1, 2006, which bears the signature of the Director of Finance and is approved for submission by the Mayor, the Council does hereby accept the bid of Motor City Trucks, inc , 39300 Schoolcraft Road, Livonia, Michigan 48150, for supplying the Public Service Division (Equipment Maintenance Section) with one (1) 2007 Sterling Single Axle Dump Truck, Model L8513, for a net price of $101,370 00, based on a total price of $106,370 00 less trade-in of $5,000 00, the same having been in fact the lowest and only bid received and meets all specifications Regular Meeting of August 30, 2006 35859 #412-06 RESOLVED, that having considered the report and recommendation of the Superintendent of Public Service, dated August 2, 2006, which bears the signature of the Director of Finance and is approved for submission by the Mayor, the Council does hereby authorize Six-S, Inc , 2210 Scott Lake Road, Waterford, Michigan 48328, to provide two (2) graders, and B & V Construction, Inc , 48400 West Road, P 0 Box 930029, Wixom, Michigan 48393-0029, to provide six (6) graders, for snow removal services for City streets during the 2006-2007 snow season for snowfalls of over four (4) inches in accumulation and as authorized by the Mayor, pursuant to the terms stated in the attached letter dated August 2, 2006, FURTHER, the Council does hereby authorize the said item without competitive bidding in accordance with Section 3 04 140D4 of the Livonia Code of Ordinances, as amended #413-06 RESOLVED, that having considered the report and recommendation of the Superintendent of Public Service, dated August 1, 2006, which bears the signature of the Director of Finance and is approved for submission by the Mayor, to which is attached a proposed Agreement between the City of Livonia and Schoolcraft College to allow the City to apply for a Watershed NPDES Permit which would also cover Schoolcraft College and would enable the City and the College to comply with the requirements of the Phase II Storm Water Regulations, the Council does hereby authorize the Mayor and City Clerk, for and on behalf of the City of Livonia, to execute this agreement in the manner and form herein submitted, subject to approval as to form by the Department of Law, and to do all things necessary or incidental to the full performance of this resolution #414-06 RESOLVED, that having considered the report and recommendation of the Superintendent of Public Service, dated August 1 , 2006, which bears the signature of the Director of Finance and is approved for submission by the Mayor, to which is attached a proposed Agreement between the City of Livonia and Orchard, Hiltz & McCliment, Inc , 34000 Plymouth Road, Livonia, Michigan 48150, provide consulting and professional services to administer the Demonstration Rain Garden Project Grant (Contract 05-M), the Council does hereby authorize the Mayor and City Clerk, for and on behalf of the city of Livonia, to execute this agreement in the manner and form herein submitted, subject to approval as to form by the Department of Law, and to do all things necessary or incidental to the full performance of this resolution, with the understanding that all consultant costs will be paid entirely with grant funds #415-06 RESOLVED, that having considered a communication from the City Planning Commission, dated July 14, 2006, which transmits its Regular Meeting of August 30, 2006 35860 resolution 07-63-2006, adopted on July 11, 2006, and revised on July 12, 2006, with regard to the request for approval of a Landscape Plan submitted by Schafer Development, LLC, on behalf of Quail Chase Site imp Condominiums in connection with Petition 2006-05-08-10, which previously received Master deed, bylaws and site plan approval on June 26, 2006 (Council Resolution No 324-06) to construct a site condominium development on property located at 9229 Newburgh Road in the Southeast 1/4 of Section 31, the Council does hereby concur in the recommendation of the Planning Commission and the Landscape Plan is hereby approved and granted, subject to the following conditions '1 That the Landscape Plan marked Sheet LP-1 dated July 12, 2006, as revised, prepared by Creative Land Planning & Design, is hereby approved and shall be adhered to, 2 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; 3 That all disturbed lawn areas shall be sodded in lieu of hydroseeding, 4 That underground sprinklers are to be provided for all landscaped and sodded areas and all planted materials shall be installed to the satisfaction of the Inspection Department and thereafter permanently maintained in a healthy condition 5 That the conforming entrance marker, as shown on the plan marked LP-2 dated July 12, 2006, as revised, prepared by Creative Land Planning & Design, is hereby approved and shall be adhered to, 6 That if this entrance marker is to be illuminated, only up-case ground mounted lighting shall be permitted, 7 That the specific plans referenced in this approved resolution shall be submitted to the Inspection Department at the time the building permits are applied for; and 8 That all conditions imposed by Council Resolution #324-06 in connection with Petition 2006-05-08-10, which permitted the construction of a site condominium development on the subject property, shall remain in effect to the extent that they are not in conflict with the foregoing conditions Regular Meeting of August 30, 2006 35861 #416-06 RESOLVED, that having considered a communication from the City Planning Commission, dated July 26, 2006, which transmits its resolution 07-74-2006, adopted on July 25, 2006, with regard to Petition 2006-06-02-13, submitted by D'Orazio Contracting Corp , requesting waiver use approval to develop a Planned Residential Development consisting of three attached dwelling units, pursuant to Section 20 02 of Zoning Ordinance No 543, as amended, on property located on the east side of Brookfield Avenue, between Five Mile Road and Meadowbrook Lane (15126 Brookfield), in the Northwest 1/4 of Section 22, the Council does hereby concur in the recommendation of the Planning Commission and Petition 2006-06-02-13 is hereby approved and granted, subject to the following conditions 1 That the Site Plan marked Sheet 1 of Job No 06027 prepared by Arpee/Donnan, Inc., dated May 11, 2006, is hereby approved and shall be adhered to, 2 That the Building Elevation Plans prepared by Gallagher Group Construction Co , Inc , dated July 19, 2006, as revised, are hereby approved and shall be adhered to, with the qualifications that brick shall constitute not less than 85% of the exterior wall materials and that the side elevation gable ends, fascia and trim shall be 3 essentially non-maintenance type materials, That the brick used in the construction of the condominium building shall be full face 4-inch brick, no exceptions, 4 That the Landscape Plan marked Sheet LP-1 submitted by D'Orazio Contracting Corp , dated May 30, 2006, is hereby approved and shall be adhered to, 5 That all disturbed lawn areas shall be sodded in lieu of hydroseed ing, 6 That all planted materials shall be installed to the satisfaction of the Inspection Department and thereafter permanently maintained in a healthy condition, 7 That an automatic, underground irrigation system shall be provided for all landscaped and sodded areas, and 8 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 Regular Meeting of August 30, 2006 35862 #417-06 RESOLVED, that having considered a communication from the City Planning Commission, dated July 26, 2006, which transmits its resolution 07-76-2006, adopted on July 25, 2006, with regard to Petition 2006-06-02-15, submitted by Fleming's/Great Lakes 1, Limited Partnership, requesting waiver use approval to utilize a Class C liquor license in conjunction with a full-service restaurant (Fleming's) on property located on the east side of Haggerty Road, between Six Mile Road and Seven Mile Road (17400 Haggerty Road), in the Southwest 1/4 of Section 7, the Council does hereby concur in the recommendation of the Planning Commission and Petition 2006-06-02-15 is hereby approved and granted, subject to the following conditions 1 That the proposed use complies with all of the general waiver use standards and requirements as set forth in Section 19 96 of the Zoning Ordinance #543, 2 That the subject site has the capacity to accommodate the proposed use, and 3 That the proposed use is compatible to and in harmony with the surrounding uses in the area FURTHER, the Council does hereby waive the 1,000 foot separation requirement between Class C licensed establishments as set forth in Section 11 03(h) of the Zoning Ordinance #418-06 RESOLVED, that having considered a communication from the City Planning Commission, dated July 28, 2006, which transmits its resolution 07-78-2006, adopted on July 25, 2006, with regard to Petition 2006-06-03-02, submitted by the City Planning Commission, pursuant to Council Resolution 276-06 and Section 12 08 015(A) of the Livonia Code of Ordinances, as amended, to determine whether or not to vacate portions of the Coventry Drive right-of-way adjacent to Lots 132 through 142 (33992 Coventry, 33972 Coventry and 33950 Coventry) in the Coventry Gardens Subdivision, located on the north side of Five Mile Road, between Coventry Drive and Stamford Road, in the Southeast 1/4 of Section 16, the Council does hereby concur in the recommendation of the Planning Commission and Petition 2006-06-03-02 is hereby approved and granted, subject to the retention of an easement for existing public utilities as recommended by the Engineering Division, and the Department of Law is hereby requested to prepare the necessary vacating ordinance in accordance with this resolution Regular Meeting of August 30, 2006 35863 A communication from the Department of Law, dated August 7, 2006, re history and/or restrictions regarding the use of the City-owned property adjacent to the property involved in Petition 2005-09-01-10 (9229 Newburgh Road and 9350 Stonehouse Avenue was received and placed on file for the information of the Council A roll call vote was taken on the foregoing resolutions with the following result: AYES Robinson, Taylor, Knapp, Meakin, Godfroid-Marecki, Laura and McCann NAYS None A communication from the Department of Law, dated August 9, 2006, re efforts to bring the City into compliance with the Michigan Zoning Enabling Act was received and placed on file for the information of the Council (CR 322-06 and Petition 2006-06-06-03) On a motion by Robinson, seconded by Godfroid-Marecki and unanimously adopted, it was #419-06 RESOLVED, that having considered the report and recommendation of the Legislative Committee, dated August 7, 2006, submitted pursuant to Council Resolution No 322-06, and a communication from the Department of Law, dated June 9, 2006, approved for submission by the Mayor, which submits a proposed amendment to Sections 010 and 040 of Title 2, Chapter 80 (Planning Commission) of the Livonia Code of Ordinances, as amended, and the referral of proposed changes to the Zoning Ordinance due to changes necessitated by the Michigan Zoning Enabling Act, MCL 125 1301, et. seq., the Council does hereby refer the subject of developing a plan for interlocking ZBA and Planning Commission membership to the Administration for a report and recommendation Meakin gave First Reading to the following Ordinance AN ORDINANCE AMENDING TITLE 12, CHAPTER 24 (TREES AND SHRUBS) OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED Regular Meeting of August 30, 2006 35864 The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in the Office of the City Clerk and is the same as if word for word repeated herein The above Ordinance was placed on the table for consideration at the next regular meeting On a motion by Taylor, seconded by Godfroid-Marecki, it was #420-06 RESOLVED, that having considered a communication from the City Assessor, dated August 3, 2006, approved for submission by the Mayor, with regard to a request from Mr Raymond Hurley, of 32511 Norfolk, Livonia, Michigan 48152, on behalf of Mr George Punga, of 18352 Lathers, Livonia, Michigan 48152, and in accordance with the provisions of 1967 PA 288, as amended, as well as Section 18 46 of Ordinance No 543, as amended, the Council does hereby approve of the proposed division of Tax Item No 46-045-03-0142-000 into two parcels, the legal descriptions of which shall read as follows PARCEL A. LOT 142 & THE SOUTH 20 FEET OF LOT 143 "DOHANY SUB'N", OF THEW OF THE W OF THE N E 1/4 OF SEC 12, T 1 S, R 9 E , LIVONIA TWP, (NOW CITY OF LIVONIA), WAYNE CO , MICHIGAN AS RECORDED IN LIBER 64, PAGE 95 W C R. PARCEL B. LOT 143 EXCEPT THE SOUTH 20 FEET, AND ALL OF LOT 144 "DOHANY SUB'N", OF THE W % OF THE W '/2 OF THE N E 1/4 OF SEC 12, T 1 S , R.9 E , LIVONIA TWP (NOW CITY OF LIVONIA), WAYNE CO , MICHIGAN, AS RECORDED IN LIBER 64, PAGE 95 W C R. as shown on the map attached to the aforesaid communication which is made a part hereof by reference, FURTHER, in accordance with Section 16 32 030 of the Livonia Code of Ordinances, as amended, and Section 18 46 of Zoning Ordinance No 543, as amended, the Council does hereby waive the minimum lot area and width requirements set forth in Zoning Ordinance No 543, as amended, with respect to this property division, and the City Clerk is hereby requested to cause a certified copy of this resolution to be recorded in the Office of the Wayne County Register of Deeds A roll call vote was taken on the foregoing resolution with the following result: AYES Robinson, Taylor, Knapp, Meakin, Godfroid-Marecki, Laura and McCann Regular Meeting of August 30, 2006 35865 NAYS None The President declared the resolution adopted On a motion by Knapp, seconded by Godfroid-Marecki, and unanimously adopted, it was #421-06 RESOLVED, that having considered a letter from the Michigan Municipal League, dated July 20, 2006, with regard to the Annual Business Meeting to be held in Marquette, Michigan, on September 27-29, 2006, the Council does hereby designate Chief Assistant City Attorney, Cathryn K. White, as the official representative and voting delegate of the City of Livonia at the Annual Meeting and does further designate Councilmember Terry Godfroid-Marecki as the alternate, and the City Clerk is hereby requested to do all things necessary or incidental to the full performance of this resolution On a motion by Taylor, seconded by Knapp and unanimously adopted, it was #422-06 RESOLVED, that having considered a communication from the Mayor, dated August 11, 2006, the Council does hereby approve of and concur in the appointment of Deborah L McDermott, 30920 Rayburn, Livonia, Michigan 48154, to the City Planning Commission to fill the unexpired term of Robert Alanskas, which will expire On June 9, 2007 Deborah McDermott was present and thanked Council for her appointment. On a motion by Robinson, seconded by Laura and unanimously adopted, it was #423-06 WHEREAS, the Stop OverSpending proposal would amend the Michigan Constitution to put in place irresponsible tax and spending limits at the state and local levels of government, and, WHEREAS, it is the responsibility of government to be wise stewards of tax-payer dollars, to provide government services efficiently and when possible reduce the tax burden to its citizens This proposal does not support these principles, and, WHEREAS, such a proposal would dramatically limit the ability of local and state government to provide services such as public safety, education and health care, and other vital services that better the quality of life for all Regular Meeting of August 30, 2006 35866 Michigan citizens as well as construct or improve infrastructure such as roads, sewer and water that are necessary to accommodate and advance the economy of our state, and, WHEREAS, this proposal is modeled on a similar Colorado initiative that was adopted in 1992 and recently suspended by voters in that state because of reductions in essential services at all levels of government, and, WHEREAS, due to state budget cuts, state funding to local communities in Michigan has already been reduced by $1 5 billion the last four years, leading to numerous cuts in services including the loss of over 1,500 police officers in Michigan since September 11, 2001, and, WHEREAS, during this time, the City of Livonia has drastically cut capital expenditures for several City departments, and, WHEREAS, passage of the SOS proposal will lead to unnecessary litigation, undermine the ability of local leaders to act in times of crisis and unpredictable circumstances, and increase local spending on elections, and, WHEREAS, such a proposal undermines our system of representative democracy and would require local and state officials to pass off responsibility for making the touch decisions they are elected to make on behalf of the community they serve, now, THEREFORE BE IT RESOLVED that the City of Livonia does hereby take this means to join the Michigan Municipal League in opposing the "Stop OverSpending" ballot proposal BE IT FURTHER RESOLVED that the City Clerk is hereby required to forward a copy of this resolution to the Michigan Municipal League State and Federal Affairs Division A communication received from Councilmember Robinson, dated August 29, 2006, re requesting a substitute resolution opposing the "StopOverspending" Ballot Proposal was received and placed on file for the information of the Council A communication received from Joseph A. Garcia of Karoub Associates, dated August 26, 2006, re forwarding information from the Senate Fiscal Agency, the Michigan Municipal League, the Michigan Association of Counties and the Michigan Regular Meeting of August 30, 2006 35867 Townships Association, information on the Colorado Taxpayer Bill of Rights (TABOR), Detroit News and Detroit Free Press editorials, and information from the Michigan League for Human Services with respect to the "StopOverspending" ballot Initiative (SOS) was received and placed on file for the information of the Council Two (2) e-mails from Mayor Jack Engebretson, both dated August 26, 2006, re information from the Michigan Municipal League, the Michigan League for Human Services, the Senate Fiscal Agency and the Defend Michigan Coalition pertaining to the proposed "StopOverspending" ballot initiative (SOS) were received and placed on file for the information of the Council Article titled "Just Say No to TABOR, Beware Drastic Funding Cuts" that appeared in the Spring 2006 AARP bulletin was received and placed on file for the information of the Council On a motion by Taylor, seconded by Godfroid-Marecki, and unanimously adopted, it was #424-06 RESOLVED, that having considered the report and recommendation of the Chief of Police, dated August 8, 2006, which bears the signature of the Director of Finance and the Director of Public Safety and is approved for submission by the Mayor, the Council does hereby authorize the purchase of a Bullet Trap / Baffle System for the Police Training Facility located at 32000 Glendale from Range Systems by Renew Resources, Inc., 5121 Winnetka Avenue North, New Hope, MN 55428, in the amount of $292,231 00; FURTHER, the Council does hereby accept the bid of Hayball Transport, Inc., 12550 Farmington Road, Livonia, Michigan 48150, for performing all work in connection with the construction of an earth berm at the Police Training Facility for an amount not to exceed $29,157 50, the same having been the lowest bid submitted and meets all specifications, FURTHER, the Council does hereby appropriate and authorize the expenditure of a total amount not to exceed $350,000 00 from State Forfeiture Funds ($25,000 00) and from the unexpended fund balance of the Federal Forfeiture Fund (265) for this purpose, FURTHER, the Council does hereby authorize the purchase of the Bullet Trap/Baffle System item without competitive bidding for the Regular Meeting of August 30, 2006 35868 reasons indicated in the aforesaid communication, and such action is taken in accordance with Section 3 04 140 D4 of the Livonia Code of Ordinances, as amended, and the Mayor and City Clerk are hereby authorized to execute a contract, for and on behalf of the City of Livonia, with Hayball Transport, Inc , and to do all other things necessary or incidental to the full performance of this resolution A communication received from the Director of Public Safety, dated August 29, 2006, re request to modify the original funding pertaining to the request for approval to purchase a Bullet Trap System, was received and placed on file for the information of the Council On a motion by Meakin, seconded by Taylor, it was #425-06 RESOLVED, that having considered the report and recommendation of the Information Systems Director, dated July 21, 2006, which bears the signature of the Director of Finance and is approved for submission by the Mayor, the Council does hereby determine as follows 1 To authorize the purchase of a new Computer Network Infrastructure in the amount of $141,143 05 from Analysts International, 3252 University Drive, Auburn Hills, MI 48326 2 To authorize the purchase of one server for the Management Software from either the State Contract or REMC Contract at a cost not to exceed $4,000 3 To authorize the purchase of one license for Windows 2003 Operating System from the State Contract at a cost not to exceed $500 4 To authorize an additional appropriation from the unexpended fund balance of the following funds General (capital projects) Fund (401) $ 36,474 Major Roads Fund (202) $ 9,659 Local Roads Fund (203) $ 6,754 Refuse Fund (205) $ 22,326 Recreation Fund (208) $ 13,885 Library Fund (271) $ 8,370 Cable Fund (297) $ 1,161 Water & Sewer Fund (592) $ 47,014 Total $145,643 Regular Meeting of August 30, 2006 35869 FURTHER, the Council does hereby authorize such purchases without competitive bidding inasmuch as the same is based upon the low State of Michigan REMC Cooperative bid price and in accordance with the provisions set forth in Section 3 04 140D4 of the Livonia Code of Ordinances, as amended, and the Mayor and City Clerk are hereby authorized to execute a contract for and on behalf of the City of Livonia with the aforesaid company and to do all other things necessary or incidental to the full performance of this resolution A roll call vote was taken on the foregoing resolution with the following result AYES Taylor, Knapp, Meakin, Godfroid-Marecki and Laura NAYS Robinson and McCann The President declared the resolution adopted An e-mail communication from the Information Systems Director, dated August 28, 2006, re estimate of cost of network downtime, was received and placed on file for the information of the Council On a motion by Taylor, seconded by Meakin, it was #426-06 RESOLVED, that having considered a letter from the Superintendent of Parks and Recreation, dated August 4, 2006, approved for submission by the Mayor, transmitting Parks and Recreation Commission Resolution #2870-06, adopted on May 8, 2006, wherein it is recommended that Greenwood Park be renamed to Bien Park, the Council does hereby refer this matter to the Department of Law to prepare appropriate ordinance amendments to the Livonia Code of Ordinances to rename this park as recommended A roll call vote was taken on the foregoing resolution with the following result: AYES Taylor, Knapp, Meakin, Godfroid-Marecki and McCann NAYS Robinson and Laura The President declared the resolution adopted On a motion by Knapp, seconded by Meakin and unanimously adopted, it was Regular Meeting of August 30, 2006 35870 #427-06 RESOLVED, that having considered a communication from the City Planning Commission, dated July 13, 2006, which transmits its resolution 07-66-2006, adopted on July 11, 2006, with regard to Petition 2006-06-SN-01, submitted by Euko Design, on behalf of Comerica Incorporated, requesting approval of wall signage for the high-rise office building located at 39200 Six Mile Road, on the north side of Six Mile Road between Haggerty Road and Fox Drive in the Southwest 1/4 of Section 7, the Council does hereby concur in the recommendation of the Planning Commission and Petition 2006-06-sn-01 is hereby approved, subject to the following conditions 1 That the Sign Package submitted by Euko Design - Signs, as received by the Planning Commission on June 5, 2006, is hereby approved and shall be adhered to, 2 That no LED lightband or exposed neon shall be permitted on this site including, but not limited to, the building or around the windows, 3 That any additional signage shall come back before the Planning Commission and City Council for their review and approval, 4 That this approval is subject to the petitioner being granted a variance from the Zoning Board of Appeals for excess signage and any conditions related thereto, and, 5 That the specific plans referenced in this approving resolution shall be submitted to the Inspection Department at the time the sign permits are applied for Meakin stepped down from the podium at 8 25 p m due to a possible conflict of interest. On a motion by Taylor, seconded by Laura, it was #428-06 RESOLVED, that having considered a communication from the City Planning Commission, dated July 27, 2006, which transmits its resolution 07-73-2006, adopted on July 25, 2006, with regard to Petition 2006-05-02-12, submitted by Paradocs, LLC (Doc's Sports Retreat), requesting waiver to construct an outside deck addition and increase the seating capacity of the existing full-service restaurant on property located on the west side of Victor Parkway, between Seven Mile Road and Pembroke Street (19265 Victor Parkway), in the Southeast 1/4 of Section 6, the Council does hereby concur in the recommendation of the Planning Commission and Petition 2006-05-02-12 is hereby approved and granted, subject to the following conditions Regular Meeting of August 30, 2006 35871 1 That the Proposed Outside Deck Addition Location Plan prepared by S T Soderquist, Licensed Land Surveyor, received by the Planning Commission on July 28, 2006, is hereby approved and shall be adhered to, 2 That the Proposed Outside Deck Elevation Plan and Floor Plan marked Sheet A-1 prepared by Kobeissi Associates, Inc , dated March 1, 2006, is hereby approved and shall be adhered to, with the qualification that the maximum total number of customer seats in the restaurant shall not exceed 389 seats, including 245 interior seats and 144 outdoor deck seats, 3 That the Proposed Rear Elevation Plan marked Sheet A-2 and the Proposed North Elevation Plan marked Sheet A-3, prepared by Kobeissi Associates, Inc , both dated March 1, 2006, are hereby approved and shall be adhered to, 4 That the Proposed Ground Sign Location Plan prepared by S T Soderquist, Licensed Land Surveyor, received by the Planning Commission on July 28, 2006, and the Proposed Free Standing Sign Detail marked Sheet SG-1 prepared by Kobeissi Associates, Inc , dated March 1, 2006, are hereby approved, subject to the granting of variances for excessive ground sign area and height by the Zoning Board of Appeals and any conditions pertaining thereto Any additional signage shall be separately submitted for review and approval by the Planning Commission and City Council, 5 That no exposed neon shall be permitted on this site including, but not limited to, the building or around the windows, 6 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, 7 That petitioner shall apply for any additional permits required by the Michigan Liquor Control Commission and be approved for any additional service areas, and 8 That the outside deck addition shall be enclosed on the east end to minimize noise in the surrounding neighborhood A roll call vote was taken on the foregoing resolution with the following result: AYES Robinson, Taylor, Knapp, Godfroid-Marecki, Laura and McCann NAYS None Regular Meeting of August 30, 2006 35872 The President declared the resolution adopted Meakin returned to the podium at 8 30 p m On a motion by Godfroid-Marecki, seconded by Robinson, it was #429-06 RESOLVED, that having considered a communication from the City Planning Commission, dated July 26, 2006, which transmits its resolution 07-75-2006, adopted on July 25, 2006, with regard to Petition 2006-06-02-14, submitted by WineStyles, requesting waiver use approval to utilize a Class C liquor license and an SDM liquor license on property located on the east side of Haggerty Road, between Six Mile Road and Seven Mile Road (17386 Haggerty Road), in the Southwest 1/4 of Section 7, the Council does hereby concur in the recommendation of the Planning Commission and Petition 2006-06-02-14 is hereby approved and granted, subject to the following conditions 1 That the customer seating provided in connection with the subject use shall be in accordance with the Floor Plan submitted by WineStyles, as received by the Planning Commission on June 7, 2006, 2 That the number of customer seats shall be limited to no more than eleven (11) seats, 3 That the sale of alcoholic beverages for consumption on the premises shall be limited to wine only, as defined under the Michigan Liquor Control Code, 4 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, 5 That wall signage shall not be illuminated beyond one (1) hour after this business closes, 6 That no LED lightband or exposed neon shall be permitted on the site including, but not limited to, the building or around the windows, 7 That the awnings of this unit shall not be backlit; and 8 That the specific plans referenced in this approving resolution shall be submitted to the Inspection Department at the time the building low permits Regular Meeting of August 30, 2006 35873 A roll call vote was taken on the foregoing resolution with the following result: AYES Robinson, Taylor, Knapp, Meakin, Godfroid-Marecki and Laura NAYS McCann The President declared the resolution adopted On a motion by Taylor, seconded by Laura and unanimously adopted, it was #430-06 RESOLVED, that in connection with Petition 2006-06-02-14, submitted by WineStyles, requesting waiver use approval to utilize a Class C liquor license and an SDM liquor license on property located on the east side of Haggerty Road between Six Mile Road and Seven Mile Road (17386) Haggerty), in the Southwest 1/4 of Section 7, the Council does hereby waive the 1,000 separation requirement between Class C License Establishments as set forth in Section 11 03(h) of the Zoning Ordinance Meakin stepped down from the podium at 8 32 p m due to a possible conflict of interest. On a motion by Taylor, seconded by Laura, it was #431-06 RESOLVED, that having considered a communication from Councilmember Gerald D Taylor, dated July 27, 2006, the Council does hereby discharge the Committee of the Whole from further consideration of Council Resolution 138-05 relating to Petition 2004-10-01-12 for a proposed rezoning of property located on the west side of Farmington Road between Lyndon Road and Five Mile Road (14821 and 14829 Farmington Road) from R-2 to OS and does hereby direct that this matter be taken up for consideration by the Council at this time A roll call vote was taken on the foregoing resolution with the following result: AYES Robinson, Taylor, Knapp, Godfroid-Marecki, Laura and McCann NAYS None The President declared the resolution adopted Ordinance Taylor took from the table, for second reading and adoption, the following Regular Meeting of August 30, 2006 35874 AN ORDINANCE AMENDING SECTION 21 OF THE ZONING MAP OF THE CITY OF LIVONIA AN AMENDING ARTICLE III OF ORDINANCE 543, AS AMENDED, KNOWN AND CITED AS "THE CITY OF LIVONIA ZONING ORDINANCE" BY ADDING SECTION 3 THERETO (PETITION 2004-10-01-12) A roll call vote was taken on the foregoing Ordinance AYES Robinson, Taylor, Knapp, Godfroid-Marecki, Laura and McCann NAYS None The President declared the foregoing Ordinance duly adopted, and would become effective on publication On a motion by Taylor, seconded by Knapp, it was #432-06 RESOLVED, that having considered the report and recommendation of the City Planning Commission, dated July 14, 2006, which sets forth its resolution 07-64-2006, adopted on July 11 , 2006, with regard to Petition 2006-06-08-11 submitted by TAGS, on behalf of Centennial Plaza South, requesting site plan approval in connection with a proposal to construct an office complex on properties located at 14821 and 14829 Farmington Road, on the west side of Farmington Road, between Lyndon Avenue and Five Mile Road in the Northeast 1/4 of Section 21, pursuant to the provisions set forth in Section 18 47 of Ordinance No 543, as amended, the Council does hereby concur in the recommendation of the Planning Commission and Petition 2006-06-08-11 is hereby approved and granted, subject to the following conditions 1 That the Site Plan marked S-1 dated June 14, 2006, as revised, prepared by DiMattia Architects is hereby approved and shall be adhered to, 2 That the Landscape Plan marked L-1 dated June 14, 2006, as revised, prepared by DiMattia Architects is hereby approved and shall be adhered to, 3 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; 4 That all disturbed lawn areas shall be sodded in lieu of hydroseeding, Regular Meeting of August 30, 2006 35875 5 That underground sprinklers are to be provided for all landscaped and sodded areas and all planted materials shall be installed to the satisfaction of the Inspection Department and thereafter permanently maintained in a healthy condition, 6 That the greenbelts along the south and west property lines, as shown on the approved plans, are hereby accepted and shall be substituted for the protective wall required by Section 18 45 of the Zoning Ordinance, 7 That any change of circumstances in the area containing the greenbelts resulting in a diminution of the greenbelts' effectiveness as a protective barrier, the owner of the property shall be required to submit such changes to the Planning Commission for their review and approval or immediately construct the protective wall pursuant to Section 18 45, 8 That the Exterior Building Elevation Plans marked A-4, A-5 and A- 6, all dated June 14, 2006, as revised, prepared by DiMattia Architects is hereby approved and shall be adhered to, 9 That the brick used in the construction shall be full face 4 inch brick, 10 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, 11 That the three walls of the trash dumpster area shall be constructed out of the same brick used in the construction of the building, or in the event a poured wall is substituted, the wall's design, texture and color shall match that of the building, and the enclosure gates shall be maintained and when not in use closed at all times, 12 That the petitioner shall secure the necessary permits, including stormwater management permits, wetlands permits and soil erosion and sedimentation control permits, from Wayne County, the City of Livonia, and/or the State of Michigan Department of Environmental Quality; 13 That all light fixtures shall not exceed twenty (20') feet in height and shall be aimed and shielded so as to minimize stray light trespassing across property lines and glaring into adjacent roadway; Regular Meeting of August 30, 2006 35876 14 That the petitioner shall correct to the Inspection Department's satisfaction the items outlined in the correspondence dated June 30, 2006, 15 That only conforming signage is approved with this petition, and any additional signage shall be separately submitted for review and approval by the Planning Commission and City Council, 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 Pursuant to Section 19 10 of Ordinance #543, the Zoning Ordinance of the City of Livonia, this approval is valid for a period of one year only from the date of approval by City Council, and unless a building permit is obtained and construction has commenced, this approval shall be null and void at the expiration of said period A roll call vote was taken on the foregoing resolution with the following result: AYES Robinson, Taylor, Knapp, Godfroid-Marecki, Laura and McCann NAYS None The President declared the resolution adopted Meakin returned to the podium at 8 34 p m A communication from Richard E Rassel, Esquire, of Williams, Williams, Rattner & Plunkett in Birmingham, MI, dated August 28, 2006, re executed Amended Agreement between Todd Schiftar and Michele Schiftar (Consignment Outlet Livonia, LLC and Assignment of Interest) with respect to an Appeal of Denial of Application for Certification of Registration to Operate a Second Hand Merchandise dealer's business was received and placed on file for the information of the Council Regular Meeting of August 30, 2006 35877 An e-mail communication from Catherine Trainor, dated August 28, 2006, re stating her support of Todd Schiftar operating the Consignment Outlet, LLC was received and placed on file for the information of the Council A communication from John N Humitz, dated August 24, 2006, re stating his support the Consignment Outlet & Liquidation Center located at 15700 Middlebelt Road was received and placed on file for the information of the Council An e-mail communication from Patricia Holcomb, dated August 10, 2006, re stating her support of Todd Schiftar, owner of the Consignment Outlet, LLC was received and placed on file for the information of the Council A communication from C Ripley, dated August 11, 2006, re stating her support of Todd Schiftar, owner of the Consignment Outlet, LLC was received and placed on file for the information of the Council A communication from Elizabeth Capps, dated August 11, 2006, re stating her support of Todd Schiftar, owner of the Consignment Outlet, LLC was received and placed on file for the information of the Council A communication from Roger and Judy Walklin, received on August 7, 2006, re endorsing the Consignment Outlet, LLC located at 15700 Middlebelt Road was received and placed on file for the information of the Council A communication from Katherine Patterson, received August 9, 2006, re stating her support of Consignment Outlet, LLC and Todd Schiftar was received and placed on file for the information of the Council Regular Meeting of August 30, 2006 35878 A communication from John Sawula, received on September 1, 2006, re in support of Consignment Outlet, LLC was received and placed on file for the information of the Council A communication from Mary Ellen Rech received on August 30, 2006, re relaying details of a poor experience when doing business with Consignment Outlet, LLC 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 #433-06 RESOLVED, that having considered a communication from the City Clerk, dated July 9, 2006 and a communication from the Department of Law, dated June 13, 2006, approved for submission by the Mayor, in connection with the appeal of a denial of a Certificate of Registration to operate a Secondhand Merchandise Dealers business submitted by Wayne L Yashinsky, on behalf of Todd Schiftar, Consignment Outlet LLC, 15700 Middlebelt Road and a public hearing having been held on July 12, 2006 pursuant to Section 5 76 030 D of the Livonia Code of Ordinances, the Council does hereby concur in the determination of the Chief of Police and the application for a Certificate of Registration to operate a Secondhand Merchandise Dealers License submitted by Todd Schiftar is hereby denied for the following reasons 1 The applicant was convicted on 4/11/03 in the 3rd Circuit Court for the County of Wayne for conducting a criminal enterprise and was sentenced to one year in jail and three years probation for this felony offense 2 The applicant was also convicted in 1999 of larceny in a building while living in Denver, Colorado 3 The applicant was previously under investigation by the Ann Arbor Police Department for suspected fraudulent activities in 2001-2002 while employed at Goodman Cadillac in Ann Arbor, Michigan, which involved a conspiracy to purchase vehicles using fraudulent documents (which matter was later turned over to a federal task force) and engaging in transactions utilizing fraudulent employee certificate discounts granted to non-qualifying individuals Regular Meeting of August 30, 2006 35879 4 The criminal history of the applicant demonstrates a propensity for 5 dishonesty and deceit in his business conduct. The Livonia Police Department has received information that the applicant has misappropriated proceeds of consignment sales and failed to tender all monies due to consignors or to inform consignors as to the status of their property in connection with the operation of both the Livonia store and his previous business locations 6 The applicant was notified on January 27, 2005 by the City's Inspection Department that a Secondhand Merchant Dealers License was required from the City Clerk's office and yet, despite this notification, the applicant waited over a year to apply for this license 7 The information obtained by the Police Department as part of the background investigation of this applicant, as well as the evidence presented at the public hearing, demonstrates that this applicant is not qualified to obtain the requested certificate of registration to operate a Secondhand Merchandise Dealers business and denial of the application is appropriate pursuant to the provisions set forth in Section 5 76 030 D of the Livonia Code of Ordinances, as amended On a motion by Robinson, seconded by Godfroid-Marecki and unanimously adopted, it was #434-06 RESOLVED, that having considered a letter from Kristen York, MOPS Representative, dated August 15, 2006, which requests permission to display signs announcing a Mom-to-Mom Sale sponsored by the Mothers of Preschoolers of Bell Creek Community Church to be conducted at Franklin High School on Saturday, September 16, 2006, which signs will be displayed at various locations in the City no earlier than Sunday, September 10, 2006, and removed no later than Sunday, September 17, 2006, 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 Kristin York was present to answer questions A communication from the Civil Service Department, dated August 2, 2006, re the City of Livonia and the Livonia Police Officers Association of Michigan's Regular Meeting of August 30, 2006 35880 Partial Michigan Employment Relations Commission (MERC) Act 312 Arbitration Award covering December 1, 2003 through November 30, 2006, 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 #435-06 RESOLVED, that having considered a communication from the Fire Chief, dated August 4, 2006, which bears the signature of the Public Safety Director and the Director of Finance and is approved for submission by the Mayor, the Council does, for and on behalf of the City of Livonia, accept the donation, in the total amount of $5,000 00, from State Farm Insurance for use by the Livonia Fire & Rescue as indicated in the aforesaid communication, FURTHER, the Council does hereby appropriate and credit the amount of $5,000 00 to Account No 702-285- 336 for the purposes as designated by the donor On a motion by Robinson, seconded by Taylor and unanimously adopted, it was #436-06 RESOLVED, that having considered a communication from the Fire Chief, dated August 4, 2006, which bears the signature of the Public Safety Director and the Director of Finance and is approved for submission by the Mayor, the Council does, for and on behalf of the City of Livonia, accept the donation, in the total amount of $250 00, from M J White for use by the Livonia Fire & Rescue as indicated in the aforesaid communication, FURTHER, the Council does hereby appropriate and credit the amount of $250 00 to Account No 702-285-336 for the purposes as designated by the donor On a motion by Knapp, seconded by Meakin and unanimously adopted, it was #437-06 RESOLVED, that having considered a communication from the Fire Chief, dated August 4, 2006, which bears the signature of the Public Safety Director and the Director of Finance and is approved for submission by the Mayor, the Council does, for and on behalf of the City of Livonia, accept the donation, in the total amount of $500 00, from Jarvis Construction for use by the Livonia Fire & Rescue as indicated in Regular Meeting of August 30, 2006 35881 the aforesaid communication, FURTHER, the Council does hereby appropriate and credit the amount of $500 00 to Account No 702-285-336 for the purposes as designated by the donor On a motion by Knapp, seconded by Godfroid-Marecki and unanimously adopted, it was #438-06 RESOLVED, that having considered a communication from the Department of Law, dated August 15, 2006, approved for submission by the Mayor, transmitting for Council acceptance a Quit Claim Deed from Leo Soave of Leo Soave Building Company, Inc , for Taylor Boulevard right-of-way, more particularly described as A parcel of land situated in the Northeast 1/4 of Section 24, T 1S , R.9E , City of Livonia, Wayne County, Michigan more particularly described as Part of the Northeast 1/4 of Section 24, T 1S , R 9E , City of Livonia, Wayne County, Michigan, more particularly described as beginning at a point distant S 89°49'00" W 688 0 feet and S 00°19'30" E 1484 73 feet and S 89°49'00" W 358 14 feet from the Northeast corner of Section 24 T i S , R 9E and proceeding thence S 00°18'47" E 82 50 feet; thence S 89°49'00" W 50 00 feet; thence N 00°18'47" W 82 50 feet; thence N 89°49'00" E 50 00 feet to the point of beginning Subject to easements of record Containing 0 095 acres (Part of Tax Parcel No 46-093-99-0020- 001) Commonly known as Taylor Boulevard right-of-way the Council does hereby, for and in behalf of the City of Livonia, accept the aforesaid quit claim deed, and the City Clerk is hereby requested to have the same recorded in the Office of the Register of Deeds and to do all other things necessary or incidental to fulfill the purpose of this resolution There was no Audience Communication at the end of the meeting Robinson sent a "Happy First Birthday" wish to his niece, Morgan, and offered his Aunt Jackie a "Happy Birthday" greeting, as well Regular Meeting of August 30, 2006 35882 On a motion by Knapp, seconded by Laura and unanimously adopted, this 1,567th Regular Meeting of the Council of the City of Livonia was adjourned at 8 45 pm , August 30, 2006 Val Vandersloot, City Clerk