HomeMy WebLinkAboutCOUNCIL MINUTES 2008-06-11 36744
MINUTES OF THE ONE THOUSAND SIX HUNDRED TENTH
REGULAR MEETING OF JUNE 11, 2008
On June 11, 2008, 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 Councilman Robinson led the meeting with the Pledge of
Allegiance
Roll was called with the following result: Thomas Robinson, Don
Knapp, Terry Godfroid-Marecki, James McCann, Joe Laura, Brian Meakin, and
Laura Toy Absent: None
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 Knapp, seconded by Meakin, and unanimously
adopted, it was
#236-08 RESOLVED that the Minutes of the 1,609th Regular
Meeting of the Council held May 28, 2008 are hereby approved as
submitted
Vice-President Godfroid-Marecki announced Sheila Taormina is
participating for the fourth time in the Olympics Ms Taormina is the only woman in
Olympic history to qualify to participate in the Olympics in three separate sporting
events and will compete in the Pentathlon event at the 2008 Beijing Olympics Vice-
President Godfroid-Marecki congratulated Ms Taormina and wished her the best of
luck.
Robinson wished his younger sister, Janet Roberts, a Happy Birthday
Ms Roberts' celebrated her birthday on Saturday, June 7, 2008
During Audience Communication, John Mathey, 15222 Hillcrest Court,
representative from the Livonia Amateur Radio Club (LARC), informed Council of the
Regular Meeting Minutes of June 11, 2008 36745
LARC "Field Day" event scheduled for the weekend of June 28, 2008, and June 29,
2008 This event is scheduled to take place behind Fire Station #6 located at 37876
Plymouth Road, and Mr Mathey invited all City officials and residents to attend the
event wherein LARC members will practice and demonstrate various modes of
emergency broadcasting communications
George Boller, 36270 Hammer Lane, thanked Council for addressing a
traffic concern he expressed at the previous meeting and addressed Council to
express his concern about regulating the noise created by street vendors, more
specifically ice cream vendors Mr Boller requested Council consider adopting an
Ordinance to regulate same Mr Boller further expressed his concern regarding
dumping of yard waste on City streets by landscaping contractors and requested
Council consider passing an Ordinance to address this problem
On a motion by Laura, seconded by Godfroid-Marecki, it was
#237-08 RESOLVED, that having heard comments from resident
George Boller regarding the City's Noise Ordinance and possible
violations of same by street vendors, the Council does hereby refer the
issue of monitoring the noise created by ice cream vendors and other
street vendors to the Administration for their report and
recommendation
A roll call vote was taken on the foregoing resolution with the following result:
AYES Robinson, Godfroid-Marecki, Laura, and Toy
NAYS Knapp, McCann, and Meakin
The President declared the resolution adopted
On a motion by Laura, seconded by Meakin, and unanimously
adopted, it was
#238-08 RESOLVED, that having heard comments from resident
George Boller regarding dumping of yard waste materials in City
streets, the Council does hereby refer the issue of dumping yard waste
materials in City Streets by landscaping contractors and others to the
Administration for their report and recommendation
Norman Wiewiura, 19831 Merriman Court, addressed Council to
express his concerns re proposed lot split and the relevant water drains associated
with same, as requested by Terry Smith Lloyd for property located at 19790
Merriman Road, north of Seven Mile Road (Agenda Item #6)
Regular Meeting Minutes of June 11, 2008 36746
Joseph Lloyd, Attorney, of Chard & Lloyd Attorneys, 201 E
Washington, Ann Arbor, representing Terry Smith Lloyd, re, proposed lot split of
property located at 19790 Merriman Road, north of Seven Mile Road, addressed
Council to indicate the Petitioner will comply with all provisions outlined in the
approving resolution of the requested lot split. (Agenda Item #6)
President Toy announced the following Public Hearing to be held on
Monday, June 30, 2008, at the Auditorium of City Hall, 33000 Civic Center Drive,
Livonia, MI, at 7.00 p m
Ralph Ourlian, Senior Manager, State and Local Tax, Grant Thornton,
LLP, 27777 Franklin Road, Suite 800, Southfield, MI 48034-2366,
representing Henrob Corporation, requests approval of an Industrial
Facilities Exemption Certificate for the facility located at 35455
Veronica Street, Livonia, MI 48150 (IDD #60)
A communication from the Department of Finance, dated May 20,
2008, re forwarding various financial statements of the City of Livonia for the month
ending April 30, 2008, was received and placed on file for the information of the
Council
On a motion by Meakin, seconded by Knapp, it was
#239-08 RESOLVED, that having considered an application from
Martha Scheuher, 15618 Westmore, dated May 19, 2008, requesting
permission to close Westmore between Roycroft and Rayburn on
Saturday, August 2, 2008, from 9.00 a 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, August 3, 2008, in the event of inclement weather, the action
taken herein being made subject to the approval of the Police
Department.
#240-08 RESOLVED, that having considered an application from
Suzanne Shingler, 28652 Grandon Street, dated May 16, 2008,
requesting permission to close Grandon between Harrison and
Brentwood on Saturday, June 21, 2008, from 3 30 p m. to 10.00 pm
for the purpose of conducting a block party, the Council does hereby
grant permission as requested, including therein permission to conduct
the said affair on Sunday, June 22, 2008, in the event of inclement
weather, the action taken herein being made subject to the approval of
the Police Department.
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Regular Meeting Minutes of June 11, 2008 36747
#241-08 RESOLVED, that having considered an application from
Judy Buzette, 11077 Oxbow, dated May 23, 2008, requesting
permission to close Oxbow between Orangelawn and Elmira on Friday,
July 4, 2008, from 1200 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.
#242-08 RESOLVED, that having considered a letter from Marilyn
Quandahl, Timothy Lutheran Church, dated May 16, 2008, which
requests permission to display signs announcing their Rummage Sale
to be held on Friday, July 11, 2008, and Saturday, July 12, 2008, which
signs are to be 18" x 24" in size and will be displayed in the general
area of the Church (Wayne Road at Joy Road) no earlier than Monday,
July 7, 2008, and removed no later than Saturday, July 12, 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
#243-08 RESOLVED, that having considered a communication
from the City Clerk, dated May 12, 2008, forwarding an application
submitted by Annette Depetris, 2345 Pinecrest Dr , Ferndale, Michigan
48220-2742, for a massage therapist permit 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
#244-08 RESOLVED, that having considered a communication
from the City Assessor, dated May 13, 2008, approved for submission
by the Mayor, with regard to a request from Terry Smith Lloyd, as
represented by Joseph Lloyd, Attorney, of Chard & Lloyd Attorneys,
201 E Washington, Ann Arbor, Michigan 48104, 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 46 007 99 0003 000,
into two parcels, the legal descriptions of which shall read as follows
Easterly Parcel(Vacant)
Part of the Southwest Quarter of Section 2, Town 1
South, Range 9 East, City of Livonia, Wayne County,
Michigan described as Commencing at the West Quarter
Corner of Section 2, thence along the East-West Quarter
Line of Section 2, North 89°55'22" East 221.25 feet to the
Point of Beginning, thence continuing along theEast-
West Quarter Line of Section 2, North 89°55'22" East
Regular Meeting Minutes of June 11, 2008 36748
191.25 feet; thence along the West Line of Merriman
Court South 00°19'40" West 96 97 feet; thence Due West
191.25 feet; thence North 00°19'40" East 96 71 feet to
the Point of Beginning Contains 18,520 Square Feet or
0 425 Acres Subject to Easements and Restrictions of
Record
Westerly Parcel(19790 Merriman Road)
Part of the Southwest Quarter of Section 2, Town 1
South, Range 9 East, City of Livonia, Wayne County,
Michigan described as Commencing at the West Quarter
Corner of Section 2, thence along the East-West Quarter
Line of Section 2, North 89°55'22" East 60 00 feet to the
East Line of Merriman Road and to the Point of
Beginning, thence continuing along the East-West
Quarter Line of Section 2, North 89°55'22" East 161 25
feet; thence South 00°19'40" West 96 71 feet; thence
Due West 161.25 feet; thence along the East Line of
Merriman Road, North 00°19'40" East 96 49 feet to the
Point of Beginning Contains 15,576 Square Feet or
0 358 Acres Subject to Easements and Restrictions of
Record
as shown on the map attached to the aforesaid communication which
is made a part hereof by reference, FURTHER, this approval is
contingent upon neighboring lot owners, including Norman Wiewiura,
being notified when the building permit is applied for; 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
requirement 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
#245-08 RESOLVED, that having considered a communication
from the Mayor, dated May 22, 2008, wherein he has requested
approval of the reappointment of Gerald Taylor, 36734 Sunnydale,
Livonia, Michigan 48154, to the Economic Development Corporation
for a six-year term expiring June 7, 2014, the Council does hereby
confirm and approve such reappointment.
#246-08 RESOLVED, that having considered a communication
from the Mayor, dated May 22, 2008, the Council does hereby approve
of and concur in the appointment of Lynda Scheel, 19980 Mayfield,
Livonia, Michigan 48152, to the City Planning Commission, which term
Regular Meeting Minutes of June 11, 2008 36749
will expire on June 9, 2011, provided that Ms Scheel takes the Oath of
Office as required in Chapter X, Section 2 of the City Charter, to be
fr!
administered by the City Clerk.
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#247-08 RESOLVED, that having considered the report and
recommendation of the Director of the Housing Commission, dated
May 20, 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 General Electric, Inc., 307 N Hurstbourne
Parkway, Louisville, Kentucky 40225, for completing all work required
with respect to the delivery, removal and replacement of 109 electric
ranges at Silver Village and 120 electric ranges at Newburgh Village
for the total price of $75,941 00, the same having been in fact the
lowest bid received and meets all specifications, FURTHER, the
Council does hereby authorize the expenditure of a sum not to exceed
$75,941 00 for this purpose from the following accounts in the
amounts indicated
Silver Village Fund #296-831-931-000 $35,861 00
Newburgh Village Fund #294-834-931-000 $40,080 00
and the Director of the Housing Commission is 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
#248-08 RESOLVED, that having considered the report and
recommendation of the Director of the Housing Commission, dated
May 22, 2008, approved for submission by the Mayor, and to which is
attached a Hold Harmless Contract between the City of Livonia and
First Step for the period July 1, 2008, through June 30, 2009, the
Council does hereby authorize the Mayor and City Clerk, for and on
behalf of the City of Livonia, to execute the proposed Hold Harmless
Contract 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
#249-08 RESOLVED, that having considered the report and
recommendation of the Director of the Housing Commission, dated
May 22, 2008, approved for submission by the Mayor, and to which is
attached a Hold Harmless Contract between the City of Livonia and the
Fair Housing Center of Metropolitan Detroit for the period July 1, 2008,
through June 30, 2009, the Council does hereby authorize the Mayor
and City Clerk, for and on behalf of the City of Livonia, to execute the
proposed Hold Harmless Contract in the manner and form herein
Regular Meeting Minutes of June 11, 2008 36750
submitted, as well as to do all other things necessary or incidental to
the full performance of this resolution
#250-08 RESOLVED, that having considered the report and
recommendation of the Director of the Housing Commission, dated
May 22, 2008, approved for submission by the Mayor, and to which is
attached Hold Harmless Contracts between the City of Livonia and
John V Farrar, Ed D , LPC, Jacque Martin-Downs, MA/MSW,
Madonna University; Eastwood Clinics, Starfish Family Services,
Quality Care Counseling, Geriatric Case Management; Joanne
Turshnuik, MSW/ACSW, Hegira Programs, Inc., and Robert J Rowe,
PH D , P C for the period July 1, 2008, through June 30, 2009, in
connection with the CDBG-Funded Mental Health Counseling
Program, the Council does hereby authorize the Mayor and City Clerk,
for and on behalf of the City of Livonia, to execute the proposed Hold
Harmless Contracts 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
#251.08 RESOLVED, that having considered the report and
recommendation of the City Engineer — Operations and the Director of
Public Works, dated May 5, 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 Motor City Trucks, Inc., 39300
Schoolcraft Road, P 0 Box 51107, Livonia, Michigan 48151, for
supplying the Public Service Division (Road Maintenance Section)with
two (2) 2008 Sterling Chassis/Truck and Trailer Specialty body, single-
axle dump trucks for a total price of $242,750 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 $242,750 00 from funds already budgeted in Account No
401-000-985-000 for this purpose
#252-08 RESOLVED, that having considered the report and
recommendation of the City Engineer— Operations and the Director of
Public Works, dated April 30, 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 Motor City Trucks, Inc., 39300
Schoolcraft Road, P0 Box 51107, Livonia, Michigan 48151, for
supplying the Public Service Division (Road Maintenance Section) with
one (1) 2008 Sterling tandem-axle dump truck and equipment for a
total price of $153,900 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 $153,900 00 from
funds already budgeted in Account No 401-000-985-000 for this
purpose
Regular Meeting Minutes of June 11, 2008 36751
#253-08 RESOLVED, that having considered the report and
recommendation of the City Engineer, dated May 16, 2008, which
bears the signature of the Director of Finance, is approved by the
Director of Public Works and is approved for submission by the Mayor,
the Council does hereby accept the unit price bid of Michigan Joint
Sealing, Inc , 28830 W Eight Mile, Suite 103, Farmington Hills,
Michigan 48336, for completing all work required in connection with
Proposals "A" (Hot Poured Rubber) and "B" (Over Band) for the 2008
Pavement Crack and Joint Sealing Program (Contract 08-D) for the
estimated total cost of $113,030 00, FURTHER, the Council does
hereby authorize an expenditure in the amount of $83,030 00 from
funds already budgeted in Account No 203-463-818-117 (Local
Roads) and in the amount of $30,000 00 from funds already budgeted
in Account No 202-463-818-117 (Major Roads) for this purpose,
FURTHER, the foregoing amounts are based upon the Engineering
Division's estimate of units involved, and are subject to final payments
based upon the actual units completed in accordance with the unit
prices accepted herein, said estimated costs and unit prices having
been in fact the lowest bid received and meets all specifications, and
the City Engineer is hereby authorized to approve minor adjustments in
the work as it becomes necessary; and the Mayor and City Clerk are
hereby authorized 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
#254-08 RESOLVED, that having considered the report and
recommendation of the City Engineer (Utilities and Engineering) and
the Director of Public Works, dated April 28, 2008, which bears the
signature of the Director of Finance and is approved for submission by
the Mayor, the Council does hereby accept the unit price bid of R S
Contracting, Inc., 9276 Marine City Hwy , Casco Twp , MI 48064 for
completing all work required in connection with the 2008 Lane Line
Marking Program (Contract 08-H) for the estimated total cost of
$130,648 15, based on the Engineering Division's estimate of units
involved, and subject to a final payment based upon the actual units
completed in accordance with the unit prices accepted herein, said
estimated cost and unit prices having been in fact the lowest and only
bid received and meets all specifications, FURTHER, the Council does
hereby authorize an expenditure in the amount of $130,648 15 from
funds already budgeted in Account No 202-463-818-118 (Contractual
Services Lane Line Marking) for this purpose, and the City Engineer is
hereby authorized to approve minor adjustments in the work as it
becomes necessary; and the Mayor and City Clerk are hereby
authorized, for and on behalf of the City of Livonia, to execute a
Regular Meeting Minutes of June 11, 2008 36752
contract with the aforesaid bidder and to do all other things necessary
fi or incidental to the full performance of this resolution
#255-08 RESOLVED, that having considered the report and
recommendation of the City Engineer, dated May 21, 2008, which
bears the signature of the Director of Finance, is approved by the
Director of Public Works and is approved for submission by the Mayor,
the Council does hereby accept the unit price bid of Passalacqua
Construction Inc , 13250 Joseph Dr , Carleton, Michigan 48117, for
completing all work required in connection with the 2008 Sidewalk and
Pavement Replacement Program - Water Main Breaks (Contract 08-F)
for the estimated total cost of $54,332 25 based upon the Engineering
Division's estimate of units involved, and subject to a final payment
based upon the actual units completed in accordance with the unit
prices accepted herein, said estimated cost and unit prices having
been in fact the lowest bid received for this item and meets all
specifications, FURTHER, the Council does hereby appropriate and
authorize an expenditure in the amount of $54,332.25 from Water and
Sewer Construction in Progress Account No 592-158-000 for this
purpose, and the City Engineer is hereby authorized to approve minor
adjustments in the work as it becomes necessary; and the Mayor and
City Clerk are hereby authorized 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
#256-08 RESOLVED, that having considered a communication
from the City Planning Commission, dated May 14, 2008, which
transmits its resolution 05-35-2008, adopted on May 13, 2008, with
regard to Petition 2008-03-02-11 , submitted by T-Mobile Central,
L L.0 requesting waiver use approval to construct an 85 foot flagpole-
type wireless communication facility on property located on the north
side of West Chicago Avenue, between Middlebelt Road and Harrison
Road (29100 West Chicago Avenue), in the Northwest 1/4 of Section
36, which property is zoned PL, the Council does hereby concur in the
recommendation made by the City Planning Commission and Petition
2008-03-02-11 is hereby approved and granted, subject to the
following conditions
1 That the Location Plan marked Sheet LP prepared by Terra
Consulting Group, dated February 20, 2008, is hereby approved
and shall be adhered to,
2 That the Engineering Site Plan marked Sheet C-1 prepared by
Terra Consulting Group, dated February 20, 2008, is hereby
approved and shall be adhered to,
Regular Meeting Minutes of June 11, 2008 36753
3 That the Site Elevations and Antenna Mounting Details Plan
marked Sheet ANT-1 prepared by Terra Consulting Group,
dated February 20, 2008, is hereby approved and shall be
adhered to,
4 That a light on a timer (programmed to turn on automatically at
dusk) shall be installed either on or at the base of the flagpole
for the purpose of illuminating the flag at night, and such lighting
shall be aimed and shielded so as to be deflected away from
any adjacent or neighboring residential properties,
5 That barbed wire shall not be allowed anywhere on the facility;
and
6 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
#257-08 RESOLVED, that having considered a communication
from the City Planning Commission, dated May 16, 2008, which
transmits its resolution 05-37-2008 adopted on May 13, 2008, with
regard to Petition 2008-04-03-01, submitted by the City Planning
Commission pursuant to Council Resolution No 216-07 and Section
12 08 015(A) of the Livonia Code of Ordinances, as amended, to
determine whether or not to vacate the east/west alley adjacent to Lots
28 through 40, Lot 201 and Lot 290 and the adjacent vacated
north/south alley situated in the Schanhite's Marquette Manor
Subdivision, located north of and parallel to Plymouth Road, between
Cavell and Arcola, in the Southeast 'A of Section 25, which property is
zoned R-1, C-2 and P, the Council does hereby refer this item to the
Committee of the Whole for its report and recommendation
#258-08 RESOLVED, that having considered a communication
from the Department of Law, dated May 29, 2008, which bears the
signature of the Director of Finance and is approved for submission by
the Mayor, the Council does hereby authorize certain increases in
court costs assessed for various civil infractions and misdemeanors for
the Court Building/Renovation Fund and for the Sobriety Court as
follows
• $19 00 for each misdemeanor and civil infraction case
coming before the Court and resulting in a "guilty" or
"responsible"verdict or plea (Building Fund)
Regular Meeting Minutes of June 11, 2008 36754
• $10 00 (plus the $19 00 costs listed above) for Impeding
or Obstructing Traffic charges (Building Fund)
• $40 00 (plus the $19 00 costs listed above) for substance
abuse related charges including
• Operating While Intoxicated
• Operating While Impaired
• Consumption of Alcohol in a Motor Vehicle
• Possession/Use of Marijuana
• Possession of Drug Paraphernalia
• Possession of Controlled Substance
• Possession of Dangerous Drugs
• Possession of Syringes or Needles
• Loitering where Drugs are Used/Kept/Stored
($19 00 to Building Fund and $40 00 to Sobriety Court)
BE IT FURTHER RESOLVED that Council Resolution No 649-03,
adopted on December 17, 2003, is hereby amended and revised to the
extent necessary to be consistent with this resolution
A roll call vote was taken on the foregoing resolutions with the following result:
AYES Robinson, Knapp, Godfroid-Marecki, McCann, Laura,
Meakin, and Toy
NAYS None
Meakin gave first reading to the following Ordinance
AN ORDINANCE AMENDING SECTION 040 OF TITLE 13, CHAPTER
08 (WATER SERVICE RATES AND REVENUES) 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
Meakin 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 Robinson, Knapp, Godfroid-Marecki, McCann, Laura,
Meakin, and Toy
Regular Meeting Minutes of June 11, 2008 36755
NAYS None
The President declared the foregoing Ordinance duly adopted, and would become
effective on publication
Knapp gave first reading to the following Ordinance
AN ORDINANCE AMENDING SECTION 120 OF TITLE 13, CHAPTER
20 (LIVONIA SEWAGE DISPOSAL SYSTEM) 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
Knapp 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 Robinson, Knapp, Godfroid-Marecki, McCann, Laura,
Meakin, and Toy
NAYS None
The President declared the foregoing Ordinance duly adopted, and would become
effective on publication
Godfroid-Marecki gave first reading to the following Ordinance
AN ORDINANCE AMENDING SECTION 050 OF TITLE 13, CHAPTER
28 (INDUSTRIAL WASTE SURCHARGE) 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
Godfroid-Marecki invoked the Emergency Clause and gave second
reading to the foregoing Ordinance and a roll call vote was taken thereon with the
following result:
Regular Meeting Minutes of June 11, 2008 36756
AYES
NAYS Robinson, Knapp, Godfroid-Marecki, McCann, Laura,
Meakin, and Toy
None
The President declared the foregoing Ordinance duly adopted, and would become
effective on publication
A communication from the Department of Law, dated June 9, 2008, re
request to increase taxicab rates on a sliding scale and rates being charged by other
taxicab companies, was received and placed on file for the information of the
Council
On a motion by Robinson, seconded by Laura, and unanimously
adopted, it was
#259-08 RESOLVED, that having considered a communication
from Robert Waite, President, ABC Cab, dated May 15, 2008, wherein
it is requested that the City consider an increase in the existing taxi
meter rates, the Council does hereby request that the Department of
Law prepare an appropriate Ordinance Amendment to Section
5 84.230 of the Livonia Code of Ordinances for submission to Council
On a motion by Robinson, seconded by Knapp, it was.
#260-08 RESOLVED, that having considered a letter dated April
10, 2008, from Glenn Shaw Jr , of Glenn Shaw Jr and Associates, in
connection with Petition 2007-06-02-22 submitted by Shaw Energy,
L.L.0 , wherein it is requested that Council Resolution 74-08 be
amended to add a drive-thru coffee shop (Bear Claw Coffee) to an
existing gasoline service station located on the south side of Five Mile
Road, between Levan Road and Golfview Drive (36375 Five Mile
Road), in the Northeast 1/4 of Section 20, the Council does hereby
amend and revise Council Resolution 74-08 so as to read as follows.
RESOLVED, that having considered the report and
recommendation of the Committee of the Whole, dated
February 11, 2008, submitted pursuant to Council Resolution
472-07, and having considered a communication from the City
Planning Commission, dated July 23, 2007, which sets forth its
resolution 07-76-2007 adopted on July 10, 2007, with regard to
Regular Meeting Minutes of June 11, 2008 36757
Petition 2007-06-02-22 submitted by Shaw Energy, L L C
requesting waiver use approval to add a drive-thru coffee shop
(Bear Claw Coffee) to an existing gasoline service station,
located on the south side of Five Mile Road, between Levan
Road and Golfview Drive (36375 Five Mile Road), in the
Northeast '/ of Section 20, which property is zoned C-2, and the
Council having conducted a public hearing with regard to this
matter on August 20, 2007, the Council does hereby reject the
recommendation of the City Planning Commission and Petition
2007-06-02-22 is hereby approved and granted, subject to the
following conditions
1 That the Site Plan marked Sheet Al prepared by The
Foresta Group, P C , dated May 7, 2008, as revised, is
hereby approved and shall be adhered to,
2 That the landscaping shown on the above-referenced
Site Plan is hereby approved and shall be completed in
accordance with said plan, subject to the following
stipulations
• That all planted materials shall be installed to the
satisfaction of the Inspection Department and
thereafter permanently maintained in a healthy
condition,
• That all disturbed lawn areas shall be sodded in
lieu of hydroseeding,
• That all landscaped and sodded areas shall be
provided with an automatic underground irrigation
system,
3 That the Building Elevations Plan marked Sheet A2
prepared by The Foresta Group, P C , dated May 7,
2008, is hereby approved and shall be adhered to,
except that full-face, four (4) inch brick shall be added to
all four (4) sides of the building and cooler, and that the
brick shall extend from the finish grade of the building to
the bottom of the new fascia panels,
4 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,
Regular Meeting Minutes of June 11, 2008 36758
5 That the following maintenance items listed in the
correspondence dated June 18, 2007, from the
Inspection Department shall be rectified to that
Ifrr
department's satisfaction
• That the gates in the dumpster shall be replaced
with proper steel gates,
• That the existing concrete and asphalt pavement
shall be repaired as needed,
6 That all parking spaces shall be double striped, including
the provision of barrier free parking properly sized (8 foot
wide with adjacent 8 foot wide access aisle), signed and
marked, and all regular spaces shall be 10 feet in width
as required,
7 That free air shall be provided at all times this station is
open for business, the free air shall be dispensed at the
point of service without having to enter the station or the
performance of any extra action in order to obtain the air
without charge,
8 That the traffic lane serving the drive-up facility shall be
at least 12 feet in width,
9 That this approval shall be subject to the petitioner
obtaining a variance from the Zoning Board of Appeals
for adding to a nonconforming building resulting in a
greater deficiency with respect to front yard setback;
10 That a complete signage package for this site shall be
separately submitted for review and approval by the
Planning Commission and City Council,
11 That no LED lightband or exposed neon shall be
permitted on this site including, but not limited to, the
building or around the windows, and
12 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
A roll call vote was taken on the foregoing resolution with the following result:
Regular Meeting Minutes of June 11, 2008 36759
AYES Robinson, Knapp, Godfroid-Marecki, Laura, Meakin,
and Toy
NAYS McCann
The President declared the resolution adopted
On a motion by Godfroid-Marecki, seconded by Meakin, it was
#261-08 RESOLVED, that having considered the report and
recommendation of the Committee of the Whole, dated February 11,
2008, submitted pursuant to Council Resolution 472-07, and having
considered a communication from the City Planning Commission,
dated July 23, 2007, which sets forth its resolution 07-76-2007 adopted
on July 10, 2007, with regard to Petition 2007-06-02-22 submitted by
Shaw Energy, L L C requesting waiver use approval to add a drive-
thru coffee shop (Bear Claw Coffee) to an existing gasoline service
station located at 36375 Five Mile Road, the Council does hereby
waive the requirement set forth in Section 11 03(n) of Zoning
Ordinance No 543, as amended, which provides that the drive-up
window not be used for any purpose except the principal business use
at the site, this gasoline service station shall be allowed to operate a
drive-up window for the purpose of selling coffee and other related
food items in connection with the approval of waiver use Petition 2007-
06-02-22
A roll call vote was taken on the foregoing resolution with the following result:
AYES Robinson, Knapp, Godfroid-Marecki, Laura, Meakin,
and Toy
NAYS McCann
The President declared the resolution adopted
On a motion by Laura, seconded by Meakin, and unanimously
adopted, it was
#262-08 RESOLVED, that having considered a communication
from the City Planning Commission, dated May 14, 2008, which
transmits its resolution 05-36-2008, adopted on May 13, 2008, with
regard to Petition 2008-04-02-12, submitted by Mayfield Partners,
L L.0 requesting waiver use approval to construct and operate a child
care facility on property located on the north side of Seven Mile Road,
between Mayfield Avenue and Shadyside Avenue (32520 Seven Mile
Regular Meeting Minutes of June 11, 2008 36760
Road), in the Southwest '/ of Section 3, which property is zoned C-1,
the Council does hereby reject the recommendation of the Planning
Commission and Petition 2008-04-02-12 is 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 9 03 and 19 06 of the Zoning Ordinance No 543
2 That the petitioner has failed to provide conclusive evidence that
the proposed use is in compliance with the provisions of Section
18 38 (12), Off Street Parking Schedule, which requires one (1)
parking space for each employee plus sufficient off-street space
for the safe and convenient loading and unloading of children,
3 That the petitioner has failed to show that the site has the
capacity to accommodate the proposed use,
4 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 inconvenient
to the neighborhood and will unduly conflict with the normal
traffic flow and circulation patterns in the neighboring area, and
•
5 That the petitioner has failed to comply with all the concerns
deemed necessary for the safety and welfare of the City and its
residents
Steve Pyrkosz, 28025 Long, Livonia, was present at the meeting to
inform Council the Petitioner has reduced the child count and increased the parking
spaces for the proposed daycare site and indicated Children of American has signed
a 15 year Lease Agreement and is committed to the proposed location at 32520
Seven Mile Road (Petition 2008-04-02-12)
Kevin Schonsheck, Mayfield Partners, L.L C , 51331 Pontiac Trail,
Wixom, was present at the meeting to answer any questions of Council (Petition
2008-04-02-12)
An email communication from Michael Allard, 18834 Melvin, Livonia,
dated June 6, 2008, re Special Assessments for the 2007 Sidewalk Program,
Regular Meeting Minutes of June 11, 2008 36761
Contract 07-G and the relevant cement work performed at his home, was received
and placed on file for the information of the Council (CR 89-08)
On a motion by McCann, seconded by Laura, and unanimously
adopted, it was
#263-08 RESOLVED, that having considered a communication
from the City Treasurer dated June 3, 2008, regarding the replacement
of sidewalks in the City of Livonia in connection with the 2007 Sidewalk
Program on the following parcels in the following amounts
Parcels of property and assessment, as outlined in
the Treasurer's letter, dated June 3, 2008, is included
herein by reference,
which work was done pursuant to Council Resolution 124-07 and in
accordance with the provisions of Section 12 04 340 of the Livonia
Code of Ordinances, as amended, and the City Treasurer having
thereafter sent a statement of charges by first class mail to the owners
of property to be assessed wherein notice of the meeting by the City
Council on this date was given and at least 30 days having expired
since the giving of such notice with such charges remaining unpaid,
the Council does hereby, pursuant to the provisions of Section
3 08 150 of the Livonia Code of Ordinances, adopt this resolution
wherein a special assessment is placed upon such property for said
charges, FURTHER, the Council does hereby authorize installment
payments in the number of three (3) installments at 6% interest where
assessments exceed $400 and the property owner has requested such
installments, FURTHER, the Council does hereby request that the City
Treasurer shall give notice of the amounts herein determined to the
persons chargeable therewith, such notice to be sent by first class mail
to the last known address of such persons as shown on the most
current assessment roll of the City, and where payments herein
authorized are not made within the specified time this fact shall be
reported by the City Treasurer to the City Assessor who shall charge
such amount together with a penalty of 10% of such amounts against
the persons or real property chargeable therewith on the next general
tax roll, and the City Clerk and City Treasurer are hereby requested to
do all things necessary or incidental to the full performance of this
resolution
Meakin gave first reading to the following Ordinance
Regular Meeting Minutes of June 11, 2008 36762
AN ORDINANCE AMENDING SECTION 2 OF THE ZONING MAP OF
THE CITY OF LIVONIA AND AMENDING ARTICLE Ill OF
ORDINANCE NO 543, AS AMENDED, KNOWN AND CITED AS "THE
CITY OF LIVONIA ZONING ORDINANCE" BY ADDING SECTION
3 THERETO (Petition 2008-03-01-01)
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 an upcoming regular
meeting
On a motion by Knapp, seconded by McCann, and unanimously
adopted, it was
#264-08 RESOLVED, that having considered a letter from Dan
Irvin, President, Livonia Jaycees, dated June 3, 2008, which requests
permission to display signs announcing their Texas Hold 'Em
Tournament to be conducted during the Livonia Spree in the Eddie
Edgar Ice Arena on Saturday, June 28, 2008, which signs are 18" x 24"
in size and will be displayed at various locations in the City, no earlier
than Monday, June 16, 2008, and removed no later than Sunday, June
29, 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
Dan Irvin, President, Livonia Jaycees, was present at the meeting to
answer any questions of Council and thanked Council for their continued support
and cooperation Mr Irvin also announced the Livonia Jaycees is hosting a "Charity
Night" at the Panera Bread on Haggerty Road on Monday, June 16, 2008 The cost
of the event is $10 00 and all donations will go to the Livonia Jaycees Scholarship
Fund
On a motion by Knapp, seconded by Meakin, and unanimously
adopted, it was
#265-08 RESOLVED, that having considered a communication
from the Department of Law, dated June 2, 2008, approved for
submission by the Mayor, transmitting for Council acceptance a Quit
Claim Deed from the Municipal Building Authority transferring the Idyl
Wyld Golf Course property to the City of Livonia in order to complete
Regular Meeting Minutes of June 11, 2008 36763
the transaction by which the golf course was financed, which property
is more particularly described as.
The West 25 acres of the West 1/2 of the Southwest
1/4 of Section 16, T 1S, R 9 E, except the South 60
feet thereof, consisting of approximately 24 44 acres,
more or less (Tax ID No 063-99-0001-001), more
commonly known as 35400 Five Mile Road and Idyl
Wyld Golf Course, and
The East 1/2 of the Southeast 1/4 of Section 17, T 1
S, R 9 E, except the South 60 0 feet thereof, also
except that part described as beginning S 89° 44' 50"
East 1319 10 feet and N 00° 00' 30" West 60 0 feet
from the South 1/4 corner of Section 17, thence N 00°
00' 30" West 171 0 feet, thence S 89° 44' 50" East
307 0 feet, thence S 00° 00' 30" East 33 0 feet,
thence S 89° 44' 50" East 129 0 feet, thence S 00° 00'
30" East 138 0 feet, thence N 89° 44' 50" West 436 0
feet to the point of beginning, consisting of
approximately 74 706 acres, more or less (Tax ID No
068-99-0011-002), more commonly known as 35550
Five Mile Road and Idyl Wyld Golf Course
the Council does hereby, for and on 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
During Audience Communication, Frank Phelps, 18820 Canterbury,
expressed his concern and opposition to the proposed increased court fees and
costs (Agenda Item #20)
McCann congratulated his mother-in-law for receiving a trophy for
being the "closest to the pin" at the Livonia Symphony Committee's Annual Golf
Outing earlier today
Laura expressed concern about the roadway of Seven Mile Road, near
Newburgh Road in front of the new Applecrest Dental Center, and made a friendly
request to have Engineering investigate standing water in the roadway in this area of
the City
On a motion by Meakin, seconded by Knapp, this 1,610th Regular
Meeting of the Council of the City of Livonia was adjourned at 9.10 p.m.
Regular Meeting Minutes of June 11, 2008 36764
ii -44
Linda Grimsby, City Clerk