HomeMy WebLinkAboutCOUNCIL MINUTES 2008-05-14 36705
MINUTES OF THE ONE THOUSAND SIX HUNDRED EIGHTH
REGULAR MEETING OF MAY 14, 2008
On May 14, 2008, the above meeting was held at the City Hall, 33000
Civic Center Drive, Livonia, Michigan and was called to order by the Vice-President
of the Council at 8 00 p m Councilman Laura led the meeting with the Pledge of
Allegiance, joined by the following students from Coolidge Elementary School
Nicole Stein, Courtney Stein, Hannah Meloche, Jack Meloche, Lexi VanHorn,
Brittney VanHorn, Ian Henzi, and Ava Collyer
Roll was called with the following result. Joe Laura, Brian Meakin,
Thomas Robinson, Don Knapp, James McCann, and Terry Godfroid-Marecki
Absent. Laura Toy
Elected and appointed officials present Sean Kavanagh, City Attorney;
Kevin Roney, City Engineer (Utilities & Engineering), Karen Tesner, Director of
Legislative Affairs, Mark Taormina, City Planner; Linda Grimsby, City Clerk, and
Mayor Jack Kirksey
On a motion by McCann, seconded by Laura, and unanimously
adopted,,it was
#187-08 RESOLVED that the Minutes of the 1,607th Regular
Meeting of the Council held April 30, 2008 are hereby approved as
submitted
Vice-President Godfroid-Marecki announced President Toy arrived at
the podium at 8 03 p m
Vice-President Godfroid-Marecki announced Livonia will be hosting its
Memorial Day Ceremony on Saturday, May 24, 2008, at 9 00 a m The event will be
held at the new Veteran's Park Memorial Plaza to pay tribute to Livonia Veterans
The guest speaker at the ceremony will be Major General William C Kirkland,
Regular Meeting Minutes of May 14, 2008 36706
Commanding General, 84th Training Command, together with music performed by
the Franklin High School Marching Band
Vice-President Godfroid-Marecki announced there would be an "X"
item addressed at the end of the meeting regarding the request from the Department
of Law to approve an amendment to the Land Lease Agreement between the City
and Verizon Wireless to permit the relocation of the utility easement in connection
with the Bicentennial Park Cell Tower lease (CR 582-07)
There was no Audience Communication at the beginning of the
meeting
A communication from the Department of Finance, dated April 18,
2008, re forwarding various financial statements of the City of Livonia for the month
ending March 31, 2008, was received and placed on file for the information of the
Council
On a motion by Meakin, seconded by Toy, it was
#188-08 RESOLVED, that having considered an application from
Christine Weisenberger, 14630 Susanna Street, dated April 28, 2008,
requesting permission to close Susanna between Ross and Donald on
Saturday, July 12, 2008, from 1 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, July 13, 2008, in the event of inclement weather, the action
taken herein being made subject to the approval of the Police
Department.
#189-08 RESOLVED, that having considered a letter from Laurie
Davis, Assistant Secretary, Emmanuel Lutheran Church, dated April
24, 2008, which requests permission to display signs announcing their
Rummage Sale to be held on Thursday, July 17, 2008, through
Saturday, July 19, 2008, which signs are to be 18" x 24" in size and
which will be displayed at various locations in the City of Livonia only,
no earlier than Thursday, July 10, 2008, and removed no later than
Monday, July 21, 2008, 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
#190-08 RESOLVED, that having considered a communication
from Harry R. Wesolowski, dated April 23, 2008, which in accordance
Regular Meeting Minutes of May 14, 2008 36707
with the provisions of Section 5 03 090 of the Livonia Code of
Ordinances, as amended, takes an appeal from a determination made
by the Livonia Police Department with regard to the denial of his
application for a Public Vehicle License to operate a taxicab in the City
of Livonia, the Council does hereby uphold the determination made by
the Police Department and the request for a Public Vehicle License to
operate a taxicab in the City of Livonia is hereby denied for the
reasons given by the Police Department.
#191-08 RESOLVED, that having considered a letter from the
Michigan Liquor Control Commission, dated January 10, 2008, and the
report and recommendation of the Chief of Police, dated April 9, 2008,
approved for submission by the Mayor, the Council does hereby
approve the request from RHG Fish Market, Inc. (a Florida corporation)
for transfer of ownership of a 2007 Class C licensed business with
Official Permit (Food ) and outdoor service (1 area) located at 17600
Haggerty, Livonia, Michigan, Wayne County, from Cameron Mitchell
Restaurants, LLC (an Ohio Limited Liability Company), and the City
Clerk is hereby requested to forward a certified copy of this resolution
to the Michigan Liquor Control Commission
#192-08 RESOLVED, that having considered the report and
recommendation of the Chief of Police, dated April 16, 2008, 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 Tape Backup Solution hardware for the computer network
utilized by the Police and Fire Departments from Hewlett Packard,
10810 Farnum, Omaha, Nebraska 68154, in the amount of
$22,012 00, based on pricing obtained through the Regional Media
Center Association of Michigan (REMC) purchasing consortium, the
same to be expended from funds already budgeted in Account No
101-306-987-000 (Capital Outlay - Other Equipment) for this purpose,
FURTHER, the Council does hereby determine to authorize the said
purchase without competitive bidding for the reasons set forth in the
aforementioned communication and such action is taken in accordance
with the provisions set forth in Section 3 04 140 D 4 of the Livonia
Code of Ordinances, as amended
#193-08 RESOLVED, that having considered the report and
recommendation of the Chief of Police, dated April 28, 2008, which
bears the signature of the Director of Finance, is approved by the City
Attorney and is approved for submission by the Mayor, to which is
attached a proposed agreement between Oakland County and the City
of Livonia, wherein Oakland County would provide maintenance of the
Police Department's Live Scan fingerprint capture computer
commencing May 2009, for the annual cost of $3,313 00, the same to
Regular Meeting Minutes of May 14, 2008 36708
be expended from funds already budgeted in Account 101-306-851-
010 for this purpose, the Council does hereby approve the Live Scan
Agreement and the Mayor and City Clerk are hereby authorized, for
and on behalf of the City of Livonia, to affix their signatures to such
agreement, as well as to do all other things necessary or incidental to
the full performance of this resolution
#194-08 RESOLVED, that having considered a communication
from the Mayor, dated April 28, 2008, wherein it is recommended that
the City renew the agreement between the City of Livonia and the
Traffic Improvement Association (TIA) for the year 2008, for providing
City staff with assistance in traffic consulting, management and
planning, the Council does hereby approve this request to renew the
agreement and hereby authorizes the City's membership in the Traffic
Improvement Association (TIA), 2187 Orchard Lake Road, Suite 140,
Sylvan Lake, Michigan 48320-1778 for the calendar year 2008,
FURTHER, the Council does hereby appropriate and authorize an
expenditure in the amount of $31,500 00 from funds already budgeted
in Account No 202-475-813-000 (Major Street Fund - Professional
Services) for this purpose
#195-08 RESOLVED, that having considered the report and
recommendation of the Director of Community Resources and the
Chairman of the Livonia Cable Television Commission, dated April 23,
2008, 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 Midwest Media Group, Inc , 811 N Main St., Suite
102, Royal Oak, Michigan 48067, for supplying the Department of
Community Resources (Cable Division) with a new Avid Computer-
Based Editor for the total amount of$27,022 00, the same having been
in fact the lowest bid received and meets all specifications, FURTHER,
the Council does hereby authorize an expenditure in the amount of
$27,022 00 from funds already budgeted in Account No 297-751-983-
000 for this purpose
#196-08 RESOLVED, that having considered a communication
from the Human Resources Director, dated April 22, 2008, which bears
the signature of the Director of Finance and is approved for submission
by the Mayor, and which transmits Civil Service Commission resolution
08-107 regarding the proposed collective bargaining agreement
between the City of Livonia and AFSCME Union Local 1917 for the
period December 1, 2007, through November 30, 2010, the Council
does hereby approve of and concur in the aforesaid action of the Civil
Service Commission, and the Mayor and City Clerk are hereby
requested to affix their signatures to the said contract, for and on
Regular Meeting Minutes of May 14, 2008 36709
behalf of the City of Livonia, and to do all other things necessary or
incidental to the full performance of this resolution
#197-08 RESOLVED, that having considered the report and
recommendation of the Water and Sewer Board and the Director of
Public Works, dated April 14, 2008, which bears the signature of the
Director of Finance and is approved for submission by the Mayor,
which transmits its resolution WS 3809 04/08, wherein the Board
concurs in the recommendation made by the Superintendent of Public
Service in a letter dated March 31, 2008, attached thereto, the Council
does hereby accept the bid of Southeastern Equipment Co , 48545
Grand River Avenue, Novi, Michigan 48374, for supplying the Public
Service Division (Water and Sewer Section) with one (1) Case 580SM
(Series 2) loader backhoe for a net price of $48,100 00, based on a
total price of $64,600 00 less trade-in of $16,500 00, the same having
been in fact the lowest bid received which meets all specifications,
FURTHER, the Council does hereby authorize the expenditure of a
sum not to exceed $48,100 00 from funds already budgeted in
Account No 592-559-140-000 for this purpose, FURTHER, the
Council does hereby reject the bid of JDE Equipment Co and
Wolverine Tractor & Equipment Co for the reasons indicated in the
aforementioned report and recommendation
#198-08 RESOLVED, that having considered a communication
from the City Planning Commission, dated April 14, 2008, which
transmits its resolution 04-30-2008, adopted on April 8, 2008, with
regard to Petition 2008-02-02-10 submitted by Civil Design Services
requesting waiver use approval to construct and operate a full service
restaurant with drive-up window facilities (Tim Hortons) located on the
west side of Middlebelt Road between Munger Avenue and Six Mile
Road (16815 Middlebelt Road) in the Northeast 1/4 of Section 14, which
property is zoned C-2, the Council does hereby concur in the
recommendation made by the City Planning Commission and Petition
2008-02-02-10 is hereby approved and granted, subject to the
following conditions
1 That the Site Plan marked Sheet SD-1 prepared by Michael A.
Tsakoff, Architect, dated April 3, 2008, as revised, is hereby
approved and shall be adhered to,
2 That the Landscape Plan marked Sheet LS-1 submitted by
Michael A. Tsakoff, Architect, dated April 3, 2008, as revised, is
hereby approved and shall be adhered to,
3 That all disturbed lawn areas shall be sodded in lieu of
hydroseeding,
Regular Meeting Minutes of May 14, 2008 36710
4 That all landscaped areas shall be provided with an
underground irrigation system,
5 That the maximum customer seating count shall not exceed 30
seats,
6 That the Exterior Elevations Plans marked Sheet A5 and A5 1
submitted by Tim Hortons, both dated April 3, 2008, as revised,
are hereby approved and shall be adhered to, with the
stipulation that the exterior wall material shall be full face four
inch brick,
7 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,
8 That the trash enclosure shall be constructed of full face four
inch brick to match the building and shall have steel gates
which, when not in use, shall be closed at all times,
9 That all parking spaces shall be double striped,
46.0
10 That the barrier free parking spaces shall be properly sized,
marked and signed One of the barrier free spaces shall be van
accessible All barrier free spaces shall have a marked access
aisle,
11 That all pole mounted light fixtures shall not exceed a height of
20 feet above grade and shall be shielded to minimize glare
trespassing on adjacent properties and roadway;
12 That both the drive-up and bypass traffic lanes for the drive-up
window facility shall be at least twelve (12) feet in width for a
combined total of at least twenty-four (24) feet in width unless
this requirement is waived by the City Council by means of a
separate resolution by which two-thirds of the members of the
City Council concur;
13 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,
Regular Meeting Minutes of May 14, 2008 36711
14 That no LED lightband or exposed neon shall be permitted on
this site including, but not limited to, the building or around the
windows,
15 That a STOP sign shall be installed at the sidewalk for exiting
traffic onto Middlebelt Road as recommended in the
correspondence dated March 6, 2008, from the Traffic Bureau,
16 That this approval shall incorporate the stipulations listed in the
correspondence dated March 24, 2008, from the Fire Marshal,
and
17 That the specific plans referenced in this approving resolution
shall be submitted to the Inspection Department at the time of
application for building permits
#199-08 RESOLVED, that having considered a communication
from the City Planning Commission, dated April 14, 2008, which
transmits its resolution 04-30-2008, adopted on April 8, 2008, with
regard to Petition 2008-02-02-10 submitted by Civil Design Services
requesting waiver use approval to construct and operate a full service
restaurant with drive-up window facilities (Tim Hortons) located on the
west side of Middlebelt Road between Munger Avenue and Six Mile
Road (16815 Middlebelt Road) in the Northeast 1/4 of Section 14, which
property is zoned C-2, the Council does hereby waive the twelve (12)
feet width requirement for the drive-up and bypass traffic lanes set
forth in Section 11 03(c)(1)a2 of Zoning Ordinance No 543, as
amended, in connection with the approval of waiver use Petition 2008-
02-02-10 and both the drive-up and bypass traffic lanes shall be
permitted to be eleven (11) feet in width for a combined total of at least
twenty-two (22) feet in width
#200-08 RESOLVED, that having considered a communication
from the Department of Law, dated April 25, 2008, which bears the
signature of the Chief of Police and the Director of Finance and is
approved for submission by the Mayor, regarding approval of the
purchase of a Rapid Deployment Vehicle from The Armored Group,
LLC, the Council does hereby repeal and rescind Council Resolution
523-07 for the reasons stated in the aforementioned communication
#201-08 RESOLVED, that having considered a communication
from the Department of Law, dated April 25, 2008, which bears the
signature of the Chief of Police and the Director of Finance and is
approved for submission by the Mayor, the Council does hereby
authorize the purchase of one (1) Specialized Rapid Deployment
Vehicle from Supreme Specialty Vehicles, 2572 E Kercher Road,
Regular Meeting Minutes of May 14, 2008 36712
Goshen, Indiana 46527, in the amount of $67,536 00, FURTHER, the
Council does hereby authorize an expenditure in an amount not to
exceed $67,536 00 from funds already budgeted in the State Forfeiture
Account No 265-333-985-000 for this purpose, FURTHER, the Council
does hereby authorize the purchase of this item without competitive
bidding for the reasons indicated in the aforesaid communication, and
such action is taken in accordance with Section 3 04 140 D 4 of the
Livonia Code of Ordinances, as amended
#202-08 RESOLVED, that having considered a communication
from the City Clerk, dated May 2, 2008, forwarding an application
submitted by Kimberly Stolar, 15798 Blue Skies Drive, Livonia,
Michigan 48154, for a Massage Establishment License to operate
under the business name of Complete Care Therapeutic Massage,
LLC, to be located at 16801 Newburgh Road, Suite 112, Livonia,
Michigan 48154, and in accordance with Chapter 5 49 of the Livonia
Code of Ordinances, as amended, the Council does hereby approve
this request in the manner and form herein submitted, and the City
Clerk is hereby requested to do all things necessary or incidental to the
full performance of this resolution
A roll call vote was taken on the foregoing resolutions with the following result:
AYES Laura, Meakin, Robinson, Knapp, Toy, McCann,
and Godfroid-Marecki
NAYS None
Knapp provided a verbal update regarding the topic of Annual Audit
Reports and indicated this matter will remain in the Finance, Budget and Technology
Committee at this time (CR 367-02)
A communication from Plante & Moran, dated April 28, 2008, re
summarized Audit Presentation for the City of Livonia, was received and placed on
file for the information of the Council (CR 367-02)
A communication from the Department of Finance, dated April 7, 2008,
re City of Livonia Audit Reports for the fiscal year ending November 30, 2007, was
received and placed on file for the information of the Council (CR 367-02)
Knapp provided a verbal update regarding the subjecting of contacting
Great West regarding their corporate fraud policy in connection with reviewing and
REVISED
Regular Meeting Minutes of May 14, 2008 36713
monitoring investments for losses suffered due to corporate fraud mismanagement
and to pursue recovery of such losses through the class action litigation process,
when appropriate, in connection with the City's Defined Contribution Retirement Plan
and indicated this matter will remain, in the Finance, Budget and Technology
Committee at this time (CR 577-04, CR 318-06 and CR 140-08)
An email communication from the Civil Service Department, dated April
1, 2008, re the fiduciary responsibility of the City Council pertaining to the Defined
Contribution Plan, was received and placed on file for the information of the Council
(CR 577-04, CR 318-06 and CR 140-08)
Vice-President Godfroid-Marecki provided a verbal update regarding
the proposed vision process and indicated this matter will remain in the Economic
Development, Community Outreach and Strategic Planning Committee at this
time (CR 545-05)
A communication from the Livonia Community Marketing Consortium,
dated April 23, 2008, re Livonia's vision process, was received and placed on file for
the information of the Council (CR 545-05)
On a motion by Laura, seconded by Toy, and unanimously adopted, it
was
#203-08 RESOLVED, that having considered the report and
recommendation of the Economic Development, Community Outreach
and Strategic Planning Committee, dated April 29, 2008, submitted
pursuant to Council Resolution 256-04, regarding the subject of the
utilization of existing City services to support and enhance the Livonia
Economic Development Office, the Council does hereby determine to
take no further action with regard to this matter
Vice-President Godfroid-Marecki indicated the subject of the Economic
Development Strategic Plan would remain in the Economic Development,
Community Outreach and Strategic Planning Committee at this time (CR 255-
04)
On a motion by Laura, seconded by McCann, and unanimously
adopted, it was
#204-08 RESOLVED, that having considered the report and
recommendation of the Economic Development, Community Outreach
Regular Meeting Minutes of May 14, 2008 36714
and Strategic Planning Committee, dated April 29, 2008, submitted
pursuant to Council Resolution 266-04, regarding the subject of
establishing a database of vacant business/retail/commercial
properties, the Council does hereby determine to take no further action
with regard to this matter
On a motion by Laura, seconded by Robinson, and unanimously
adopted, it was
#205-08 RESOLVED, that having considered the report and
recommendation of the Economic Development, Community Outreach
and Strategic Planning Committee, dated April 29, 2008, submitted
pursuant to Council Resolution 266-04, the Council does hereby refer
the subject of current zoning for the film industry to the Administration
for its report and recommendation
On a motion by Knapp, seconded by Laura, and unanimously adopted,
it was
#206-08 RESOLVED, that having considered the report and
recommendation of the Economic Development, Community Outreach
and Strategic Planning Committee, dated April 29, 2008, submitted
pursuant to Council Resolution 266-04, the Council does hereby refer
the subject of the possibility of film industries coming to Livonia to the
Economic Development, Community Outreach and Strategic Planning
Committee for its report and recommendation
On a motion by Knapp, seconded by Laura, and unanimously adopted,
it was
#207-08 RESOLVED, that having considered the report and
recommendation of the Economic Development, Community Outreach
and Strategic Planning Committee, dated April 29, 2008, submitted
pursuant to Council Resolution 265-04, regarding the question of
whether more City Council meetings should be televised, the Council
does hereby refer the issue of the feasibility of televising Council public
hearings to the Administration for its report and recommendation
A communication from the Department of Law, dated September 13,
2007, re the subject of dollar stores, banks and drug stores, was received and
placed on file for the information of the Council (CR 156-07)
Regular Meeting Minutes of May 14, 2008 36715
On a motion by Meakin, seconded by Laura, and unanimously
i
adopted, it was
#208-08 RESOLVED, that having considered the report and
recommendation of the Economic Development, Community Outreach
and Strategic Planning Committee, dated April 29, 2008, submitted
pursuant to Council Resolution 156-07, regarding the subject of dollar
stores, banks and drug stores, the Council does hereby determine to
take no further action with regard to this matter
McCann gave first reading to the following Ordinance
AN ORDINANCE AMENDING SECTIONS 050 AND 100 OF TITLE 3,
CHAPTER 12 (SENIOR CITIZENS HOUSING TAX EXEMPTION) OF
THE LIVONIA CODE OF ORDINANCES, AS AMENDED
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
McCann invoked the Emergency Clause and gave second reading to
the foregoing Ordinance and a roll call vote was taken thereon with the following
result:
AYES Laura, Meakin, Robinson, Knapp, Toy, McCann,
and Godfroid-Marecki
NAYS None
The Vice-President declared the foregoing Ordinance duly adopted, and would
become effective on publication
Knapp took from the table, for second reading and adoption, the
following Ordinance
AN ORDINANCE AMENDING SECTION 201 OF TITLE 13, CHAPTER
08 (WATER SERVICE RATES AND REVENUES) OF THE LIVONIA
CODE OF ORDINANCES, AS AMENDED
A roll call vote was taken on the foregoing Ordinance with the following result:
Regular Meeting Minutes of May 14, 2008 36716
AYES Laura, Meakin, Robinson, Knapp, Toy, McCann, and
Godfroid-Marecki
NAYS None
The Vice-President declared the foregoing Ordinance duly adopted, and would
become effective on publication
On a motion by Laura, seconded by Knapp, it was
RESOLVED, that having considered a communication from the
Department of Law, dated August 15, 2007, in connection with the
proposed amendment to Zoning Ordinance No 543, relative to Petition
2007-03-01-02 as submitted by Masoud Shango for a change of
zoning of property located on the south side of Schoolcraft, east of
Merriman Road (13820-13840 Merriman Road and 31281 Schoolcraft
Road), in the Northwest 1/4 of Section 26 from OS to C-2 (Office
Services to General Business), the Council does hereby refer this
matter to the Committee of the Whole
A roll call vote was taken on the foregoing resolution with the following result.
AYES Laura, Knapp, and Godfroid-Marecki
NAYS Meakin, Robinson, Toy, and McCann
The Vice-President declared the motion failed for lack of support.
Laura took from the table, for second reading and adoption, the
following Ordinance
AN ORDINANCE AMENDING SECTION 26 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 2007-03-01-02)
A roll call vote was taken on the foregoing Ordinance with the following result.
AYES Laura
NAYS Meakin, Robinson, Knapp, Toy, McCann, and
Godfroid-Marecki
Regular Meeting Minutes of May 14, 2008 36717
The Vice-President declared the foregoing Ordinance failed for lack of support.
A communication from Petitioner, Masoud Shango, 7454 Timbers
thre
Ridge, West Bloomfield, dated May 12, 2008, re agreement reached with
neighboring property owner, Steve Vlahakis, regarding parking and litter concerns,
was received and placed on file for the information of the Council (Petition 2008-02-
02-09)
A communication from Steve A. Vlahakis, Seaway Realty, Inc , 31801
Schoolcraft Road, Livonia, dated May 12, 2008, re agreement reached with Masoud
Shango regarding parking and litter concerns, was received and placed on file for
the information of the Council (Petition 2008-02-02-09)
On a motion by Laura, seconded by Toy, it was
RESOLVED, that having considered a communication from the City
Planning Commission, dated April 11, 2008, which transmits its
resolution 04-29-2008, adopted on April 8, 2008, with regard to Petition
2008-02-02-09 submitted by Nicholas and Masoud Shango requesting
waiver use approval to operate a limited service restaurant with drive-
up window facilities (Dunkin Donuts) on property located on the south
side of Schoolcraft Road between Merriman Road and Middlebelt
Road (31281 Schoolcraft Road), in the Northwest 1/4 of Section 26,
which property is zoned OS and is in the process of being rezoned to
C-2, the Council does hereby determine to take no further action with
regard to this matter
Laura and Toy withdrew their motions on the foregoing resolution
On a motion by Laura, seconded by Toy, and unanimously adopted, it
was
#209-08 RESOLVED, that having considered a communication
from the City Planning Commission, dated April 11, 2008, which
transmits its resolution 04-29-2008, adopted on April 8, 2008, with
regard to Petition 2008-02-02-09 submitted by Nicholas and Masoud
Shango requesting waiver use approval to operate a limited service
restaurant with drive-up window facilities (Dunkin Donuts) on property
Regular Meeting Minutes of May 14, 2008 36718
located on the south side of Schoolcraft Road between Merriman Road
and Middlebelt Road (31281 Schoolcraft Road), in the Northwest 1/4 of
Section 26, which property is zoned OS and is in the process of being
rezoned to C-2, the Council does hereby reject the recommendation
made by the City Planning Commission and Petition 2008-02-02-09 is
hereby denied for the following reasons
1 That the petitioner has failed to affirmatively show that the
proposed use is in compliance with all of the special and
general waiver use standards and requirements as set forth in
Sections 11 03 and 19 06 of the Zoning Ordinance,
2 That the proposed use fails to comply with Sections 18 38 of the
Zoning Ordinance with respect to required off-street parking,
3 That the proposal does not comply with the requirement that a
bypass lane by provided in connection with drive-up window
facilities,
4 That the petitioner has failed to sufficiently demonstrate that the
site has the capacity to accommodate the proposed use,
5 That the proposed site layout and its relation to streets giving
access to it, particularly with respect to vehicular turning
movements in relation to routes of traffic flow and location and
access of off-street parking, will be hazardous and will unduly
conflict with the normal traffic flow and circulation patterns in the
neighboring area, and
6 That the proposed use is contrary to the goals and objectives of
the Zoning Ordinance which, among other things, are intended
to insure compatibility and appropriateness of uses
A communication from The Basilica of St. Mary Antiochian Orthodox
Church, dated May 14, 2008, re request to place signs at referenced locations and
waive the Noise Ordinance to host the First Annual Middle Eastern Cultural and
Family Festival, was received and placed on file for the information of the Council
On a motion by McCann, seconded by Toy, and unanimously adopted,
it was
L
Regular Meeting Minutes of May 14, 2008 36719
#210-08 RESOLVED, that having considered a letter from Father
George Shalhoub, The Basilica of St. Mary Antiochian Orthodox
Church, dated April 28, 2008, which requests permission to display
%me signs announcing their Middle Eastern Cultural and Family Festival to
be held on Thursday, July 24, 2008, through Sunday, July 27, 2008,
the Council does hereby grant and approve up to three (3) 4' x 4' signs
to be placed on Church property no earlier than Wednesday, May 14,
2008, and removed no later than Tuesday, July 29, 2008
On a motion by McCann, seconded by Knapp, and unanimously
adopted, it was
#211-08 RESOLVED, that having considered a letter from Father
George Shalhoub, The Basilica of St. Mary Antiochian Orthodox
Church, dated April 28, 2008, regarding their Middle Eastern Cultural
and Family Festival scheduled for Thursday through Sunday, July 24-
27, 2008, the Council does hereby determine to waive Section
8 32 070 (Noise Control) of the Livonia Code of Ordinances between
the hours of 10 00 a m and 10 00 p m in connection with this event to
be held July 24-27, 2008
Haitham Fakhouri, 4730 Mead, Dearborn, representing The Basilica of
4 St. Mary Antiochian Orthodox Church, was present to answer any questions of
Council
Knapp stepped down from the podium at 8 40 p m to avoid a
perceived conflict of interest.
On a motion by Toy, seconded by Robinson, it was
#212-08 RESOLVED, that having considered a communication
from the City Planning Commission, dated April 11, 2008, which
transmits its resolution 04-28-2008, adopted on April 8, 2008, with
regard to Petition 2008-02-02-08 submitted by Potbelly Sandwich
Works requesting waiver use approval for outdoor seating for an
existing full service restaurant located on south side of Plymouth Road,
between Middlebelt and Henry Ruff Road (29579 Plymouth Road), in
the Northeast 1/4 of Section 35, which property is zoned C-2, the
Council does hereby concur in the recommendation made by the City
Planning Commission and Petition 2008-02-02-08 is hereby approved
and granted, subject to the following conditions
1 That the outdoor seating shall be confined to portions of the
sidewalks to the north and east of the subject store unit as
illustrated on the Seating & Decor Plan marked Sheet Al 3 and
Regular Meeting Minutes of May 14, 2008 36720
the Enlarged Exterior Seating Plan marked Sheet A4.2, both
prepared by GPD Associates and both dated October 2, 2007,
which are hereby approved and shall be adhered to,
2 That the maximum outdoor seating count shall not exceed 24
seats,
3 That a pedestrian walkway at least 5 feet in width shall be
maintained between the fence railings and the curb to insure
that sufficient clear space for pedestrian circulation and egress
is provided on the sidewalks,
4 That trash receptacles shall be provided for the outdoor seating
area and shall be emptied regularly as needed,
5 That the petitioner shall report to the City Council regarding the
structural feasibility of installing brick support columns for the
fencing that is to enclose the outdoor seating area,
6 That all conditions imposed by Council Resolution #322-07,
which granted waiver use approval to operate a full service
restaurant at this location under Petition 2007-05-02-16, shall
remain in effect to the extent that they are not in conflict with this
approval, and
7 That the specific plans referenced in this approving resolution
shall be submitted to the Inspection Department at the time of
application for a Zoning Compliance Permit for the outdoor
dining
A roll call vote was taken on the foregoing resolution with the following result.
AYES Laura, Meakin, Robinson, Toy, McCann, and
Godfroid-Marecki
NAYS None
The Vice-President declared the resolution adopted
Knapp returned to the podium at 8 42 p m
A communication from Designers Group, Inc., re revised Site Plan
dated May 8, 2008, revised Landscape Plan dated May 8, 2008, and revised
Regular Meeting Minutes of May 14, 2008 36721
Elevation Plan dated May 7, 2008, was received and placed on file for the
information of the Council (Petition 2008-01-08-03)
On a motion by McCann, seconded by Knapp, and unanimously
adopted, it was
#213-08 RESOLVED, that having considered a communication
from the City Planning Commission, dated March 19, 2008, which
transmits its resolution 03-25-2008 adopted on March 19, 2008 with
regard to Petition 2008-01-08-03 submitted by Designers Group Inc ,
requesting site plan approval in connection with a proposal to construct
a multi-tenant commercial building on the north side of Joy Road,
between Inkster Road and Cardwell Avenue (27420, 27434 & 27458
Joy Road), in the Southeast 1/4 of Section 36, pursuant to the
provisions set forth in Section 18 58 of Ordinance No 543, as
amended, and the Council having conducted a public hearing with
regard to this matter on April 30, 2008, the Council does hereby reject
the recommendation made by the Planning Commission and Petition
2008-01-08-03 is hereby approved and granted, subject to the
following conditions
1 That the Site Plan marked Sheet No SP-1 dated May 8, 2008,
as revised, prepared by Designers Group Inc., is hereby
approved and shall be adhered to,
2 That the Exterior Building Elevation Plan marked Sheet No A-1
dated May 7, 2008, as revised, prepared by Designers Group
Inc , is hereby approved and shall be adhered to,
3 That the final design of the building and its appearance shall
substantially conform to the submitted Color Rendering as
prepared by Paul Butala dated April 2008,
4 That pursuant to Section 18 37(j) of the Zoning Ordinance, the
Petitioner shall be allowed to "landbank" a maximum of 15
parking spaces, which is equal to 25 percent of the total number
of required parking spaces (58), provided that the spaces to be
reserved for future consideration shall be located in the
northwest corner of the property as shown on the approved site
plan, and further provided that the owner shall agree in writing
to install such landbanked parking within 180 days of this
approving resolution if it is determined by the City that such
additional parking is needed,
Regular Meeting Minutes of May 14, 2008 36722
5 That a fully detailed landscape plan for the entire site, including
the area reserved for future parking, shall be submitted for
approval by the Planning Commission and City Council within
ONO sixty (60) days following approval of this petition by the City
Council,
6 That the brick used in the construction shall be full face four (4")
inch brick,
7 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,
8 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 of a steel construction and maintained
and when not in use closed at all times,
9 That this site shall meet the Wayne County Storm Water
Management Ordinance and shall secure the necessary
permits, including storm water 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;
10 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;
11 That the petitioner shall correct to the Inspection Department's
satisfaction the items outlined in the correspondence dated
January 31, 2008,
12 That the petitioner shall correct to the Fire Department's
satisfaction the items outlined in the correspondence dated
February 19, 2008,
13 That only conforming signage is approved with this petition, and
any additional signage shall be separately submitted for review
and approval by the Zoning Board of Appeals,
Regular Meeting Minutes of May 14, 2008 36723
14 That no LED lightband or exposed neon shall be permitted on
this site including, but not limited to, the building or around the
windows,
15 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
16 Pursuant to Section 19 10 of Ordinance No 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 this approval
shall be null and void at the expiration of said period
Michael Katbey, 27606 Ford Road, Garden City, was present at the
meeting to answer any questions of Council (Petition 2008-01-08-03)
A communication from the Civil Service Department, dated April 30,
2008, re summary of the Livonia Fire Fighters Union (LFFU) arbitration award for
the period December 1, 2005, through November 30, 2008, was received and
placed on file for the information of the Council
On a motion by Meakin, seconded by Laura, and unanimously
adopted, it was
#214-08 RESOLVED, that the Council does hereby suspend their
rules for procedure as outlined in Council Resolution 574-82 so as to
permit consideration of items that do not appear on the Agenda
On a motion by Toy, seconded by McCann, and unanimously adopted,
it was
#215-08 RESOLVED, that having considered the letter from the
Department of Law, dated April 29, 2008, and the Amendment to Land
Lease Agreement attached thereto, the Council hereby approves the
Amendment to Land Lease Agreement between the City and Verizon
Wireless permitting the utility easement to be moved from Bicentennial
Road to a location along Seven Mile Road which is approximately due
south of the tower constructed pursuant to such Land Lease
Agreement, as shown on the exhibits to the Amendment to Land Lease
Agreement, and the Mayor and City Clerk are hereby authorized, for
Regular Meeting Minutes of May 14, 2008 36714
and Strategic Planning Committee, dated April 29, 2008, submitted
pursuant to Council Resolution 266-04, regarding the subject of
establishing a database of vacant business/retail/commercial
properties, the Council does hereby determine to take no further action
with regard to this matter
On a motion by Laura, seconded by Robinson, and unanimously
adopted, it was
#205-08 RESOLVED, that having considered the report and
recommendation of the Economic Development, Community Outreach
and Strategic Planning Committee, dated April 29, 2008, submitted
pursuant to Council Resolution 266-04, the Council does hereby refer
the subject of current zoning for the film industry to the Administration
for its report and recommendation
On a motion by Knapp, seconded by Laura, and unanimously adopted,
it was
#206-08 RESOLVED, that having considered the report and
recommendation of the Economic Development, Community Outreach
and Strategic Planning Committee, dated April 29, 2008, submitted
pursuant to Council Resolution 266-04, the Council does hereby refer
the subject of the possibility of film industries coming to Livonia to the
Economic Development, Community Outreach and Strategic Planning
Committee for its report and recommendation
On a motion by Knapp, seconded by Laura, and unanimously adopted,
it was
#207-08 RESOLVED, that having considered the report and
recommendation of the Economic Development, Community Outreach
and Strategic Planning Committee, dated April 29, 2008, submitted
pursuant to Council Resolution 265-04, regarding the question of
whether more City Council meetings should be televised, the Council
does hereby refer the issue of the feasibility of televising Council public
hearings to the Administration for its report and recommendation
A communication from the Department of Law, dated September 13,
2007, re City licensure of Payday Lenders, was received and placed on file for the
information of the Council (CR 156-07 & CR 374-07)
Regular Meeting Minutes of May 14, 2008 36724
and on behalf of the City of Livonia, to execute the attached 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
Rob LaBelle, 32543 Camborne, Livonia, representative of Verizon
Wireless, was present at the meeting to answer any questions of Council (CR 582-
07)
Ralph Williams, 18630 Foch, Livonia, addressed Council to inquire if
permits should be obtained from the Michigan Department of Environmental Quality
relative to the proposed relocation of the utility easement in connection with the
Bicentennial Park Cell Tower lease between Verizon Wireless and the City (CR
582-07)
Robinson congratulated Vice-President Godfroid-Marecki for a job well
done running tonight's meeting
There was no Audience Communication at the end of the meeting
On a motion by Meakin, seconded by McCann, this 1,608th Regular
Meeting of the Council of the City of Livonia was adjourned at 8 48 p m
1
4104, ato. . i
Linda Grimsby, City Clerk