HomeMy WebLinkAboutCOUNCIL MINUTES 2007-09-26 36423
MINUTES OF THE ONE THOUSAND FIVE HUNDRED
NINETY THIRD REGULAR MEETING OF SEPTEMBER 26, 2007
On September 26, 2007, the above meeting was held at the City Hall,
33000 Civic Center Drive, Livonia, Michigan, and was called to order by the
President of the Council at 8 00 p m Councilmember Knapp !ed the meeting with
the invocation
Roll was called with the following result: Don Knapp, Brian Meakin,
Terry Godfroid-Marecki, Joe Laura, Thomas Robinson, Gerald Taylor, and James
McCann
Elected and appointed officials present: Mark Taormina, City Planner;
Karen Szymula, Director of Legislative Affairs, Sean Kavanagh, City Attorney; Kevin
Roney, City Engineer (Utilities & Engineering), Karen Tesner, Assistant City Clerk,
State Representative John Pastor; and Wayne County Commissioner Laura Cox.
On a motion by Knapp, seconded by Meakin, and unanimously
adopted, it was
#477-07 RESOLVED that the Minutes of the 1,502"' Regular
Meeting of the Council held September 12, 2007 are hereby approved
as submitted
Council President McCann announced that the Director of Legislative
Affairs, Karen A. Szymula, is retiring after 19 years and 8 months of dedicated
service She worked under three (3) administrations and assisted 23 Council
Members Tributes to her dedication and service to the City were presented by
State Representative John Pastor and Wayne County Commissioner Laura Cox.
Accolades were also received from each Council Member Ms Szymula thanked
everyone for their cooperation and confidence in her, including the Council Office
and Zoning Board of Appeals staff
State Representative Pastor then gave an update on the State budget
to Council
Regular Meeting Minutes of September 26, 2007 36424
Council President McCann announced the following five Public
Hearings scheduled for Wednesday, October 17, 2007, at 7 00 p m , at City Hall
Auditorium, 33000 Civic Center Drive, Livonia, MI
Proposed Special Assessment Street Lighting Project: Department of
Assessment, re Cavell Woods Site Condominiums, located west of
Cavell Ave between Howell Road and Oakley Avenue in the Northeast
1/4 of Section 24 (Establishment of Assessment Roll),
Proposed Special Assessment Street Lighting Project: Department of
Assessment, re Hunters Park Estates Site Condominiums, located
south of Plymouth Road between Roselinda Drive and Jughandle in
the Southeast % of Section 30 (Establishment of Assessment Roll),
Proposed Special Assessment Street Lighting Project. Department of
Assessment, re Lakeside Estates Site Condominiums and Lakeside
Estates Subdivision No 2, located north of Ann Arbor Trail between
Parkside Drive and Stark Road in the Southeast % of Section 33
(Establishment of Assessment Roll),
Proposed Special Assessment Street Lighting Project: Department of
Assessment, re Livonia Manor Site Condominiums, located north of
Seven Mile Road between Merriman Road and Auburndale Avenue in
the Southeast 1/4 of Section 3 (Establishment of Assessment Roll), and
Proposed Special Assessment Street Lighting Project: Department of
Assessment, re Maple Woods Site Condominiums, located on the
west side of Gill Rod between Navin Avenue and Norfolk Avenue in the
Northwest 1/4 of Section 4 (Establishment of Assessment Roll)
The Council President also announced that there would be two "X"
items at the end of tonight's meeting regarding requests from the Department of Law
to schedule two separate Closed Committee of the Whole meetings to discuss
pending litigation and attorney/client privileged communications (Lake Erie
Products a/k/a Hi-Vol Products v City of Livonia and Tatsuko Nakanishi v City of
Livonia)
A request was received from St. Michael's Church requesting
permission to display signs at various locations within the City to announce the St.
Michael's Women's Guild Craft & Bake Sale scheduled for October 20, 2007
On a motion by Knapp, seconded by Laura, and unanimously adopted,
it was
#478-07 RESOLVED, that having considered a letter from Kate
Barczuk, President, Women's Guild of St. Michael the Archangel
Regular Meeting Minutes of September 26, 2007 36425
Parish, dated September 17, 2007, which requests permission to
display signs announcing their Craft & Bake Sale to be conducted on
Saturday, October 20, 2007, which signs are 20" x 14" in size and will
be displayed at various locations in the City, no earlier than Sunday,
October 15, 2007, and removed no later than Sunday, October 21,
2007, the Council does hereby grant and approve this request in the
manner and form herein submitted, with the understanding that the
City is not responsible should the signs be removed by Wayne County
During the Audience Communication portion of the meeting, Scott
Mooney, 25513 Five Mile Road, and Steven Jeffery, 29723 Mason Street, on behalf
of the National Political Action Committee, requested Council to consider the
adoption of a resolution in support of the Federal Homeowners and Bank Protection
Act of 2007
Dianne Marietti, 15044 Fairway, addressed the issue of the notification
process to residents and the changes in Stop and Yield signs in the City President
McCann informed Ms Marietti that the City follows the Michigan Uniform Traffic
Control Device Manual (updated in 2005) and this matter needs to be directed to the
State Legislature
On a motion by Laura, seconded by Robinson, and unanimously
adopted, it was
#479.07 RESOLVED, that the subject of an indoor sports arena
(specifically for soccer) be referred to the Committee of the Whole and
to the Administration for a report and recommendation
A Letter of Understanding, between the City of Livonia and Lombard
Enterprises, Inc , received on September 24, 2007, in the Office of the City Clerk, re
request for an entertainment permit for Lombard Enterprises, Inc., for the business
located at 33523 Eight Mile Road, was received and placed on file for the
information of the Council
On a motion by Laura, seconded by Robinson, it was
#480-07 RESOLVED, that having considered a letter from
Elizabeth Hering, Director of Bands and Orchestra and Department
Chair for Music at Churchill High School, dated August 29, 2007,
which requests permission to display signs announcing their
Rummage Sale to be conducted on Saturday, October 6, 2007, which
Regular Meeting Minutes of September 26, 2007 36426
signs are 22" x 28" in size and will be displayed at various locations in
the City, no earlier than Saturday, September 29, 2007, and removed
no later than Sunday, October 7, 2007, the Council does hereby grant
and approve this request in the manner and form herein submitted,
with the understanding that the City is not responsible should the
signs be removed by Wayne County
#481-07 RESOLVED, that having considered a letter from Linda
Cwiek, Rummage Sale Chairperson, St. Genevieve School, dated
August 29, 2007, which requests permission to display signs
announcing their Rummage Sale to be conducted on Friday and
Saturday, October 12 and October 13, 2007, which signs will be
displayed at various locations in the City, no earlier than Friday,
October 5, 2007, and removed no later than Sunday, October 14,
2007, the Council does hereby grant and approve this request in the
manner and form herein submitted, with the understanding that the
City is not responsible should the signs be removed by Wayne
County
#482-07 RESOLVED, that having considered a letter from Mary
Margaret Eckhardt, Pastor, and Mary Hutzel Beltzman, Publicity—The
Pumpkin Patch, St. Matthew's United Methodist Church, dated August
15, 2007, which requests permission to display signs announcing their
annual Pumpkin Patch event to be conducted from Saturday, October
13, 2007 through Wednesday, October 31, 2007, which signs are 22"
x 28'=in size and will be displayed at various locations in the City, no
earlier than Sunday, October 7, 2007, and removed no later than
Thursday, November 1, 2007, the Council does hereby grant and
approve this request in the manner and form herein submitted, with
the understanding that the City is not responsible should the signs be
removed by Wayne County
#483-07 RESOLVED, that having considered a communication
from the City Clerk, dated September 6, 2007, forwarding an
application submitted by Julia Helena Sauder, 37745 Lakewood Circle,
Apt. 105, Westland, Michigan 48185, 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
#484-07 RESOLVED, that having considered a communication
from the City Clerk, dated September 10, 2007, forwarding an
application submitted by Hilda Sievers, 16623 Hazelton, Detroit,
Michigan 48219, for a massage therapist permit and in accordance
Regular Meeting Minutes of September 26, 2007 36427
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
#485-07 RESOLVED, that having considered a letter from the
Michigan Liquor Control Commission, dated June 5, 2007, and the
report and recommendation of the Chief of Police, dated September
11, 2007, approved for submission by the;Public Safety Director and
the Mayor, the Council does hereby approve the request from Lombard
Enterprises, Inc. to transfer ownership of a 2007 Class C licensed
business, located in escrow at 315-321 Inkster, Inkster, MI 48141,
Wayne County, from Telephone Jerry's, Inc , to transfer classification
from a Class C to a Tavern License and to transfer location
(Governmental Unit) (MCL 436 1531(1)) for a business located at
33523 Eight Mile, Livonia, Michigan 48152, Wayne County;
FURTHER, the Council does hereby approve the request for an
Entertainment Permit and new Official Permit (Food) for the business
located at 33523 Eight Mile, Livonia, Michigan 48152, Wayne County;
and the City Clerk is hereby requested to forward a certified copy of
this resolution to-the Michigan Liquor Control Commission
#486-07 RESOLVED, that having considered a letter from the
Michigan Liquor Control Commission, dated April 2, 2007, and the
report and recommendation of the Chief of Police, dated August 31,
2007; approved for submission by the Public Safety Director and the
Mayor, the Council does hereby approve of the request from Crescent
Hotels & Resorts, LLC (a Delaware Limited Liability Company) and
Livonia Hotel, LLC (a Delaware Limited Liability Company) (co-
licensees) to transfer ownership of a 2006 Resort B-Hotel Licensed
Business (MCL 436 1531(4)), non-transferable) with Dance Permit,
Official Permit (Food), 4 bars, and 224 rooms from CCMH Diversified
LLC (a Delaware Limited Liability Company) (co-licensee), HMC
Diversified American Hotels, L.P (a Delaware Limited Partnership)
(co-licensee), and Marriott Hotel Services, Inc (a Delaware
Corporation) (co-licensee), for a business located at 17100 Laurel
Park, Livonia, Michigan, 48152, Wayne County; FURTHER, the
Council does hereby approve the request for a new Official Permit
(Dance, Guest Registration, Meetings) for the business located at
17100 Laurel Park, Livonia, Michigan, 48152, Wayne County; and the
City Clerk is hereby requested to forward a certified copy of this
resolution to the Michigan Liquor Control Commission
#487-07 RESOLVED, that having considered the report and
recommendation of the City Engineer (Operations) and the Director of
Public Works, dated September 5, 2007, which bears the signature of
Regular Meeting Minutes of September 26, 2007 36428
the Director of Finance and is approved for submission by the Mayor,
the Council does hereby accept the bid of J D Candler Roofing
Company, Inc , 31111 Industrial Road, Livonia, Michigan 48150, for
completing all work required in connection with the replacement of the
City Hall garage roof for the total sum of $63,828 00, the same having
been in fact the lowest bid received which meets all specifications,
FURTHER, the Council does hereby authorize an expenditure in the
amount of $63,828 00 from funds already budgeted in Account No
•
101-447-975-000 (Building Maintenance) for this purpose, and the
Director of Public Works is hereby authorized to approve any minor
changes 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,
FURTHER, the bid of Royal Roofing Company, Inc. is hereby rejected
for the reasons listed in the aforementioned report and
recommendation
#488-07 RESOLVED, that having considered the report and
recommendation of the City Engineer, dated September 6, 2007, 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 bid of Hayball Transport, Inc ,
12550 Farmington Road, Livonia, Michigan 48150, for completing all
work required in connection with the improvement of four (4) parking
lots throughout the City (Devonaire, Civic Park Senior Center, City Hall
East Lot and Rotary Park) as part of the 2007 Parking Lot Paving
Program (Contract 07-Q) in the total amount of $457,715 50, 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 $329,220 00 from funds already
budgeted in Account No 208-756-974-000 (Community Recreation —
Other Recreation) for the Devonaire, Civic Park Senior Center, and
Rotary Park parking lot improvements and $128,495 50 from funds
already budgeted in Account No 401-000-974-050 (Capital Projects)
for the City Hall East Lot improvement; and the City Engineer is hereby
authorized to approve minor adjustments in the work as it becomes
necessary and the Mayor and City Clerk are hereby authorized for and
on behalf of the City of Livonia to execute a contract with the aforesaid
bidder and to do all other things necessary or incidental to the full
performance of this resolution
#489-07 RESOLVED, that having considered a communication
from the City Council President James C McCann, dated August 30,
2007, to which is attached a proposed schedule of Council Study and
Regular Meetings for the period January 1, 2008, through December
Regular Meeting Minutes of September 26, 2007 36429
31, 2008, the Council does hereby approve the following dates for City
Council Meetings for 2008, subject to change with notice
Study Meetings Regular Meetings
JANUARY
Wednesday, January 9 Wednesday, January 16
Wednesday, January 23 Wednesday, January 30
FEBRUARY
Monday, February 4 Wednesday, February 13
Wednesday, February 20 Wednesday, February 27
MARCH
Monday, March 3 Wednesday, March 12
Monday, March 24 Monday, March 31
APRIL
Monday, April 7 Wednesday, April 16
Monday, April 21 Wednesday, April 30
MAY
Wednesday, May 7 Wednesday, May 14
Monday, May 19 Wednesday, May 28
JUNE
Monday, June 2 Wednesday, June 11
Monday, June 16 Monday, June 23
JULY
Monday, June 30 Wednesday, July 9
Monday, July 14 Monday, July 21
AUGUST
Wednesday, July 23 Wednesday, August 13
Monday, August 18 Wednesday, August 27
SEPTEMBER
Wednesday, September 3 Wednesday, September 10
Monday, September 15 Wednesday, September 24
OCTOBER
Monday, September 29 Wednesday, October 8
Monday, October 13 Wednesday, October 22
NOVEMBER
Monday, October 27 Wednesday, November 5
Regular Meeting Minutes of September 26, 2007 36430
Monday, November 10 Wednesday, November 19
DECEMBER
Monday, November 24 Wednesday, December 3
Monday, December 8 Wednesday, December 17
A roll call vote was taken on the foregoing resolutions with the following result:
AYES: Knapp, Meakin, Godfroid-Marecki, Laura, Robinson,
Taylor, and McCann
NAYS None
Godfroid-Marecki took from the table, for second reading and adoption,
the following Ordinance
AN ORDINANCE ADDING SECTION 175 TO TITLE 10, CHAPTER 30
(TRAFFIC-CONTROL DEVICES) OF THE LIVONIA CODE OF
ORDINANCES, AS AMENDED
A roll call vote was taken on the foregoing Ordinance with the following result:
AYES Knapp, Meakin, Godfroid-Marecki, Laura, Robinson,
Taylor, and McCann
NAYS None
The President declared the foregoing Ordinance duly adopted, and would become
effective on publication
Taylor took from the table, for second reading and adoption, the
following Ordinance
AN ORDINANCE AMENDING SECTION 30 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 2007-02-01-01)
A roll call vote was taken on the foregoing Ordinance with the following result:
AYES Meakin, Godfroid-Marecki, Laura, Taylor, and McCann
Regular Meeting Minutes of September 26, 2007 36431
NAYS Knapp and Robinson
The President declared the foregoing Ordinance duly adopted, and would become
effective on publication.
On a motion by Taylor, seconded by Godfroid-Marecki, it was
#490-07 RESOLVED, that having considered a communication
from the City Planning Commission, dated August 29, 2007, which
transmits its resolution 08-101-2007 adopted on August 28, 2007, with
regard to Petition 2007-08-08-13 submitted by Ronald W Emling, on
behalf of Genesis Park Site Condominiums, requesting approval of the
Master Deed, Bylaws and Site Plan in connection with a proposal to
construct a site condominium development on property located on the
south side of Plymouth Road, between Newburgh Road and Eckles
Road (39115 Plymouth Road), in the Southwest 1/4 of Section 30,
pursuant to the provisions set forth in Section 18 62 of Ordinance No
543, as amended, the Council does hereby concur in the
recommendation of the Planning Commission and Petition 2007-08-08-
13 is hereby approved and granted, subject to the following conditions
That the Master Deed and Bylaws complies with the
requirements of the Subdivision Control Ordinance, Title 16,
Chapter 16 04-16 40 of the Livonia Code of Ordinance, and
- Article XX, Section 20 01-20 06 of Zoning Ordinance No 543,
except for the fact the following shall be incorporated
• the first floor of each site condominium unit shall be brick
or stone, on all four sides, and the total amount of brick
or stone on each multi-story unit shall not be less than
65% and not less than 80% on one-story dwellings, and
• the minimum floor area shall be 1,500 square feet for
ranch units and 2,000 square feet for multi-story units,
2 That streetlights and sidewalks shall be installed throughout the
development to the satisfaction of the Engineering Department;
3 In the event of a conflict between the provisions set forth in the
Master Deed and Bylaws and the requirements set forth in the
City of Livonia Zoning Ordinance No 543, as amended, the
Zoning Ordinance requirements shall prevail and petitioner shall
comply with the Zoning Ordinance requirements,
Regular Meeting Minutes of September 26, 2007 36432
4 That the petitioner shall include language in the Master Deed
and Bylaws or a separate recordable instrument wherein the
condominium association shall reimburse the City of Livonia for
any maintenance or repair costs incurred for the storm water
detention/retention and outlet facilities, and giving the City of
Livonia the right to impose liens on each lot owner's property
prorata and place said charges on their real estate tax bills in
the event said charges are not paid by the condominium
association (or each lot owner) within thirty (30) days of billing
for the City of Livonia,
5 That the Site Plan marked Sheet 1 dated July 18, 2007,
prepared by Arpee/Donnan, Inc., is hereby approved and shall
be adhered to,
6 That the Landscape Plan marked Sheet 2 dated July 18, 2007,
prepared by Arpee/Donnan, Inc , is hereby approved and shall
be adhered to,
7 That only a conforming entrance marker is approved with this
petition, -and any additional signage shall be separately
submitted for review and approval by the Planning Commission
and City Council,
8 That the petitioner shall secure the necessary storm water
- management permits from Wayne County, the City of Livonia,
and/or the State of Michigan,
9 That the petitioner shall correct to the Fire Department's
satisfaction the items outlined in the correspondence dated
August 7, 2007,
10 That the Site Plan referenced in this approving resolution shall
be submitted to the Inspection Department at the time the
building permits are applied for;
11 That all required cash deposits, certified checks, irrevocable
bank letters of credit and/or surety bonds which shall be
established by the City Engineer pursuant to Article XVIII of
Ordinance No 543, Section 18 66 of the Ordinance, shall be
deposited with the City prior to the issuance of engineering
permits for this site condominium development; and,
12 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
Regular Meeting Minutes of September 26, 2007 36433
Council, and unless a building permit is obtained 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 Meakin, Godfroid-Marecki, Laura, Taylor, and McCann
NAYS Knapp and Robinson
The President declared the resolution adopted
On a motion by Taylor, seconded by Godfroid-Marecki, it was
#491-07 RESOLVED, that having considered a communication
from the City Planning Commission dated August 29, 2007, which
transmits its resolution 08-103-2007, adopted on August 28, 2007, with
regard to a Sign Permit Application Petition 2007-08-SN-06, submitted
by Signfabricators, on behalf of Potbelly Sandwich Works, requesting
approval for wall signage for the new restaurant in the Wonderland
Village Center, on property located on the south side of Plymouth
Road, between Middlebelt Road and Milburn Avenue (29579 Plymouth
Road), in the Northeast 1/4 of Section 35, the Council does hereby
concur in the recommendation of the Planning Commission and
approves the said Sign Permit Application, subject to the following
conditions
1 That the Sign Package submitted by Signfabricators, as
received by the Planning Commission on August 16, 2007, is
hereby approved and shall be adhered to,
2 That these wall signs shall not be illuminated beyond one (1)
hour after this business closes,
3 That no LED lightband or exposed neon shall be permitted on
this site including, but not limited to, the building or around the
windows,
4 That this approval is based on the understanding that the other
tenant(s) of this building shall be limited to a combined total of
83 square feet of wall sign area unless variances are granted by
the Zoning Board of Appeals, 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
Regular Meeting Minutes of September 26, 2007 36434
A roll call vote was taken on the foregoing resolution with the following result:
AYES Meakin, Godfroid-Marecki, Robinson, and Taylor
NAYS Knapp, Laura, and McCann
The President declared the resolution adopted
On a motion by Taylor, seconded by Knapp, and unanimously
adopted, it was
#492-07 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 Knapp, seconded by Godfroid-Marecki, it was
#493-07 RESOLVED, that having considered a communication
from the Department of Law, dated September 20, 2007, approved for
submission by the Mayor, the Council does hereby, by a two-thirds roll
call vote in accordance with Section 7(1) of the Open Meetings Act,
direct that a Closed Committee of the Whole meeting be held for the
purposes of discussing litigation matters and attorney/client privileged
communications in connection with pending litigation, Lake Erie
Products a/k/a Hi-Vol Products v City of Livonia
A roll call vote was taken on the foregoing resolution with the following result:
AYES Knapp, Meakin, Godfroid-Marecki, Laura, Robinson,
Taylor, and McCann
NAYS None
The President declared the resolution adopted
On a motion by Knapp, seconded by Meakin, it was
#494-07 RESOLVED, that having considered a communication
from the Department of Law, dated September 20, 2007, approved for
submission by the Mayor, the Council does hereby, by a two-thirds roll
call vote in accordance with Section 7(1) of the Open Meetings Act,
direct that a Closed Committee of the Whole meeting be held for the
purposes of discussing litigation matters and attorney/client privileged
communications in connection with pending litigation, Tatsuko
Nakanishi v City of Livonia
Regular Meeting Minutes of September 26, 2007 36435
A roll call vote was taken on the foregoing resolution with the following result:
AYES Knapp, Meakin, Godfroid-Marecki, Laura, Robinson,
Taylor, and McCann
NAYS None
The President declared the resolution adopted
There was no audience communication at the end of the meeting
On a motion by Meakin, seconded by Robinson, and unanimously
adopted, this 1,593rd Regular Meeting of the Council of the City of Livonia was
adjourned at 8 46 p m on September 26, 2007
Val Vandersloot, City Clerk