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HomeMy WebLinkAboutCOUNCIL MINUTES 2008-02-27 36617 MINUTES OF THE ONE THOUSAND SIX HUNDRED THIRD REGULAR MEETING OF FEBRUARY 27, 2008 On February 27, 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 Meakin introduc!d Cub Scout Pack 1640 from Kennedy Elementary School, who led the meeting with the Pledge of Allegiance Roll was called with the following result: Brian Meakin, Thomas Robinson, Don Knapp, Terry Godfroid-Marecki, James McCann, Joe Laura, 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, Karen Kapchonick, Superintendent of Parks & Recreation, and Mayor Jack Kirksey On a motion by Knapp, seconded by Robinson, and unanimously adopted, it was #62-08 RESOLVED that the Minutes of the 1602nd Regular Meeting of the Council held February 13, 2008 are hereby approved as submitted Stacey Dogonski, 11181 Haller Street, President, Cleveland Elementary PTA, was present at the meeting requesting permission to display signs for an upcoming Mom 2 Mom Sale to be held on Saturday, March 8, 2008, at Cleveland Elementary School On a motion by McCann, seconded by Laura, and unanimously adopted, it was Regular Meeting Minutes of February 27, 2008 36618 #63-08 RESOLVED, that having considered a letter from Stacey Dogonski, President, Cleveland Elementary PTA, dated February 26, 2008, which requests permission to display signs announcing their fur Mom 2 Mom Sale, to be conducted at Cleveland Elementary School on Saturday, March 8, 2008, which signs are to be 18" x 24" in size and which will be displayed at various locations in the City, no earlier than Saturday, March 1, 2008, and removed no later than Saturday, March 8, 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 Mayor Kirksey addressed Council and reminded everyone about the Town Hall Meeting scheduled for February 28, 2008, at 6 30 p m , to take place in the City Hall Auditorium, with representatives from DTE Energy The purpose of the Town Hall Meeting is to address the frequent power outages in the Coventry Gardens and Burton Hollow subdivisions The Mayor stated that although DTE Energy representatives will report on possible remedies for the inordinate number of power outages incurred in these particular subdivisions, all Livonia residents are welcome to attend the Town Hall Meeting Mayor Kirksey also reminded everyone that the State of the City Address will take place on March 11, 2008, at 11 30 a m at Laurel Manor The Mayor looks forward to sharing good news with everyone and indicated tickets are available by contacting the Mayor's Office or the Chamber of Commerce Mayor Kirksey concluded by informing the public that the City will only perform snow removal when the amount of snowfall reaches or exceeds four inches of snow This policy was predicated on the fact that each time the City plows, 440 miles of City streets are plowed at an estimated cost of $80,000-$90,000 per snow run The Mayor commended the Department of Public Works and the City's sub- contractors for a job well done Further, the Mayor reported that during last night's snow emergency, 110 tickets were issued to parked vehicles left on City streets When a snow emergency is called by the City, it is posted on various media outlets including the City's website, the City Channel 8, and other means. Due to the recent increase in salt prices, Mayor Kirksey stated the City is looking at possible salt replacements and to locate additional suppliers to meet the City's salt needs during the winter season McCann thanked the Mayor for pointing out the snow emergency matter and made a point that the City plows are operated by City employees, many of whom have already worked their scheduled eight hour shifts for the City in their usual capacities, and then proceed to work a 12 hour shift driving the snow plows to clear the City streets McCann applauded the City employees for doing a great job Regular Meeting Minutes of February 27, 2008 36619 A communication from the Engineering Division, dated February 25, 2008, re. sample of notice and brochure mailed to residents with respect to yearly Sidewalk Repair Programs, was received and placed on file for the information of the Council On a motion by Knapp, seconded by Godfroid-Marecki, and unanimously adopted, it was #64-08 RESOLVED, that having considered a letter from Jodi Goodman, representing T H E Friends of Literacy, dated February 1, 2008, which requests permission to display signs announcing Bookstock, their annual used book and media sale, to be conducted at Laurel Park Place Mall from Sunday, April 6, 2008, through Sunday, April 13, 2008, which signs are to be 18" x 24" in size and which will be displayed at various locations in the City, no earlier than Friday, April 4, 2008, and removed no later than Monday, April 14, 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 #65-08 RESOLVED, that having considered a letter from Catherine Anderson, MOPS Sale Team Member, St. Edith and St. Kenneth Parishes, dated January 25, 2008, which requests permission to display approximately 78 signs announcing their Mom-to-Mom Sale to be conducted at St. Edith's Church on Saturday, March 29, 2008, which signs are to be 23"x 14" in size and which will be displayed at various locations in the City, and 1 sign 2' x 3' in size to be displayed in front of the Church, no earlier than Saturday, March 22, 2008, and removed no later than Saturday, March 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 #66-08 RESOLVED, that having considered a letter from Martha S Saum, Agent for On The Pond Condominium Association, dated February 6, 2008, wherein it is requested that Council Resolution 12- 08 be amended to include the entire community in renaming a private road in the On the Pond Condominium Complex to Pondview Circle from an Eight Mile Road designation, the Council does hereby amend and revise Council Resolution 12-08 so as to read as follows Regular Meeting Minutes of February 27, 2008 36620 RESOLVED, that having considered a report and recommendation from the Mayor, dated December 21, 2007, pursuant to Council Resolution No 375-07, relative to a request to rename a private road in the On the Pond Condominium Complex from an Eight Mile Road designation, the Council does hereby approve this request and, effective May 1, 2008, the private road that runs through the entire On the Pond Condominium Complex shall be designated as Pondview Circle, FURTHER, the Council does hereby request that the Department of Publio Works take all necessary action to effectuate this resolution, FURTHER, the Council does hereby request that the City Clerk forward a certified copy of the same to the Michigan Department of Treasury, to the 911 Communication System Operator, and to further have a certified copy of this resolution recorded in the Office of the Wayne County Register of Deeds, together with a certificate indicating the name or names of any plat, subdivision or addition affected by this resolution, as well as do all other things necessary or incidental to the full performance of this resolution #67-08 RESOLVED, that having considered the report and recommendation of the Director of the Housing Commission, dated February 5, 2008, which bears the signature of the Director of Finance and is approved for submission by the Mayor, and to which is attached a report containing an explanation of the 2008-2009 Community Development Block Grant (CDBG) Program and Budget, the Council does hereby take this means to indicate its informal approval of the proposed program and tentative budget and does further authorize the Housing Commission to conduct a second public hearing on this matter for public comment and to thereafter prepare a final program and budget for submission to the City Council #68-08 RESOLVED, that having considered a communication from the Superintendent of Parks and Recreation, dated February 8, 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 bids of the following companies for supplying the Parks and Recreation Department with clothing for the 2008 fiscal year as indicated on the attachment to the aforesaid communication, the same having been the lowest bids submitted for each item listed and meet all specifications 1 All American Embroidery, Ms Sandeep Narang, 31600 Plymouth Rd , Livonia, Ml 48150 Item No. Size 5A0mount 1 Ad S-Xlg Regular Meeting Minutes of February 27, 2008 36621 5 Yth & Ad S-Xlg $2.30 & $2 50 12 Ad S-Xlg $10 00 2 American Silkscreen & Embroidery, Mr Todd Lamb, 24601 Hallwood Court, Farmington Hills, MI 48335 Item No. Size Amount 2 Ad S-Xlg & 2XIg $8.20 & 10.20 3 Monroe Sports Varsity Athletic, Mr Jerry Angel, 1307 W Seventh St., Monroe, MI 48161 Item No. Size Amount 3 Ad S-Xlg $2 50 6 Yth & AdS-XIg & 2XIg $250 & $250 & 250 7 Yth & Ad $300 & $300 8 Ad S-XIg & 2 Xlg & 3 XIg $5.20 & $6.20 & 7.20 13 Ad S-Xlg & 2 Xlg $5 00 & $6 00 14 Ad S-XIg & 2 XIg $210 & $310 15A Yth & Ad S-Xlg $2 10 & $2 10 15B Ad S-XIg $2.50* 16 Ad S-Xlg $1 60 19A Ad S-XIg $18 00 19B Ad S-XIg $19 00 * Lowest bidder when total quantity of shirts is multiplied by prices 4 Screened Images, Mr Jeff Christiansen, 42020 Koppernick Rd , Suite 205, Canton, Ml 48187 Item No. Size Amount 4 Ad S-XIg $6 50 9 Ad S-Xlg & 2 Xlg & 3 Xlg $2 10 & $2 10 & $2 10 10 Ad S-XIg $4 15 11 Ad S-Xlg $6 50 17 Yth & Ad S-Xlg & 2 XIg $4 35 & $4 35 & $5 35 18 Yth & Ad S-Xlg $2 10 & $2 10 FURTHER, the Council does hereby authorize such purchases from funds already budgeted in the Department of Parks and Recreation and Community Center Account Nos 208-755-768-000, 101-717-764- 000, 101-711-766-000, 101-707-764-000 and 208-755-776-040 for this purpose Regular Meeting Minutes of February 27, 2008 36622 #69-08 RESOLVED, that having considered a communication from the City Engineer, dated February 4, 2008, approved by the Director of Public Works and approved for submission by the Mayor, to which is attached a list of sidewalks requiring installation or replacement within miscellaneous locations throughout the City of Livonia, said list being included herein by reference, and for the reasons stated, the Council does hereby require the respective owners of lots and premises referred to in said list to install or to remove and replace sidewalk to such premises, and the CO Clerk is hereby requested to do all things necessary to carry out the provisions of this resolution which is made pursuant to Title 12, Section 340 of the Livonia Code of Ordinances, as amended, FURTHER, said notice shall set forth that the respective owners of lots and premises herein referred to shall complete said sidewalk work no later than June 1, 2008, after which date the Engineering Division shall arrange for the construction and/or reconstruction of the said sidewalks, FURTHER, the Council does hereby authorize the construction and/or reconstruction of various sections or sidewalks and crosswalks at several locations within the City inasmuch as the same are the City's responsibility #70-08 RESOLVED, that having considered a communication dated February 6, 2008, from the City Planning Commission, which transmits its resolution 02-06-2008 adopted on February 5, 2008, with regard to Petition 2008-01-02-01, submitted by Raaga International, L L C requesting waiver use approval to utilize a Class C Liquor License in connection with a full service restaurant (Haandi) located on the north side of Six Mile Road, between Newburgh Road and Fitzgerald Avenue (37116 Six Mile), in the Southwest 1/4 of Section 8, which property is zoned C-2, the Council does hereby concur in the recommendation made by the City Planning Commission and Petition 2008-01-02-01 is hereby approved and granted, subject to the following conditions. 1 That only conforming signage is approved with this petition, and any additional signage shall be submitted for review and approved by the Planning Commission and City Council, 2 That no LED lightband or exposed neon shall be permitted on the site including, but not limited to, the building or around the windows, and 3 That all conditions imposed by Council Resolution 272-06, which granted waiver use approval for the expansion of the restaurant use at this location under Petition 2006-04-02-08, Regular Meeting Minutes of February 27, 2008 36623 shall remain in effect to the extent that they are not in conflict with this approval FURTHER, the Council hereby waives the 1,000 foot separation requirement as set forth in Section 11 03(h) of the Zoning Ordinance, as amended, FURTHER, this approval is subject to submission of a Conditional Agreement limiting this waiver use to this user only, with the provision to extend this waiver use to a new user only upon ( approval of the new user by the City Council and the Michigan Liquor Control Commission #71-08 RESOLVED, that having considered a communication from the City Planning Commission, dated January 24, 2008, which transmits its resolution 01-02-2008 adopted on January 22, 2008, with regard to Petition 2007-11-08-19 submitted by Etchen Gumma Limited, on behalf of The Wine Palace, requesting site plan approval in connection with a proposal to renovate the exterior of the commercial building located on the west side of Middlebelt Road, between Schoolcraft Road and Bentley Avenue (13971 Middlebelt Road), in the Southeast 1/4 of Section 23, pursuant to the provisions set forth in Section 18 47 of Ordinance No 543, as amended, the Council does hereby concur in the recommendation made by the Planning Commission and Petition 2007-11-08-19 is hereby approved and granted, subject to the following conditions 1 That the Site Plan marked Sheet A-1 dated January 11, 2008, as revised, prepared by Etchen Gumma Limited, is hereby approved and shall be adhered to, 2 That the Exterior Building Elevation Plan marked Sheet A-3 dated January 11, 2008, as revised, prepared by Etchen Gumma Limited, is hereby approved and shall be adhered to, provided that stain be used in lieu of paint to change the color of the existing fluted block on the exterior of the building, the dumpster enclosure, and the screening wall along the west property line, 3 That the brick used in the construction of the support columns shall be full face four (4") inch brick, 4 That any pole-mounted light fixtures shall not exceed a height of twenty (20') feet, and all lighting, including the proposed building-mounted fixtures, shall be aimed and shielded so as to minimize stray light trespassing across property lines and glaring into adjacent roadway; Regular Meeting Minutes of February 27, 2008 36624 5 That the petitioner shall correct to the Inspection Department's satisfaction Item 3 with respect to the barrier free parking spaces as outlined in the correspondence dated January 4, 2008, 6 That only conforming wall signage is approved with this petition, and any additional signage shall be separately submitted for review and approval by the Zoning Board of Appeals, 7 That no LED lightband or exposed neon shall be permitted on this site including, but not limited to, the building or around the windows, 8 The Petitioner shall plant and maintain large deciduous trees and other shrubs as selected from the Approved Tree Species/Suggested Plant Materials list identified in Table 1 of Section 18 45(d) of the Zoning Ordinance, which trees and shrubs shall be planted along the Middlebelt Road frontage abutting the subject property, subject to the approval of the Planning Department; 9 That steel gates be installed on the existing dumpster enclosure, 10 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 11 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 A roll call vote was taken on the foregoing resolutions with the following result: AYES Meakin, Robinson, Knapp, Godfroid-Marecki, McCann, Laura, and Toy NAYS None On a motion by McCann, seconded by Meakin, and unanimously adopted, it was Regular Meeting Minutes of February 27, 2008 36625 #72-08 RESOLVED, that having considered the report and recommendation of the Committee of the Whole, dated February 11, 2008, submitted pursuant to Council Resolution 438-04 regarding detention basins and how they relate to land mass requirements for residential lots, the Council does hereby refer this matter to the Administration for preparation of appropriate ordinance amendments as recommended by the Planning Department per correspondence dated January 4, 2008, to require stormwater detention ponds that are developed as7 part of new residential subdivision or condominium projects to be located in parks, outlots or general common areas and not on subdivision lots or limited common areas A communication from the Planning Commission, dated January 4, 2008, re storm water detention ponds on residential lots, was received and placed on file for the information of the Council (CR 438-04 and CR 611-07) On a motion by Godfroid-Marecki, seconded by McCann, and unanimously adopted, it was #73-08 RESOLVED, that having considered the report and recommendation of the Committee of the Whole, dated February 11, 2008, submitted pursuant to Council Resolution 438-04 regarding detention basins and how they relate to land mass requirements for residential lots, the Council does hereby refer the subject of improving the lot split application process to address issues regarding water drainage to the Administration for its report and recommendation A communication from The Foresta Group, P C , received February 7, 2008, in the Office of the City Clerk, containing the revised Site Plan dated January 24, 2008, re waiver use approval submitted by Shaw Energy, L.L.0 , to add a drive- thru coffee shop (Bear Claw Coffee), was received and placed on file for the information of the Council (Petition 2007-06-02-22, CR 472-07) On a motion by Godfroid-Marecki, seconded by Meakin, it was #74-08 RESOLVED, that having considered the report and recommendation of the Committee of the Whole, dated February 11, L. 2008, submitted pursuant to Council Resolution 472-07, and having considered a communication from the City Planning Commission, Regular Meeting Minutes of February 27, 2008 36626 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 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, as amended so as to eliminate the drive-up window subject to the following conditions 1 That the Site Plan marked Sheet Al prepared by The Foresta Group, P C , dated January 24, 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 January 24, 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, 5 That the following maintenance items listed in the correspondence dated June 18, 2007, from the Inspection Department shall be rectified to that department's satisfaction Regular Meeting Minutes of February 27, 2008 36627 • 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 doubled 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: AYES Meakin, Knapp, Godfroid-Marecki, and Toy NAYS Robinson, McCann, and Laura The President declared the resolution adopted On a motion by Godfroid-Marecki, seconded by Meakin, it was. Regular Meeting Minutes of February 27, 2008 36628 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 tiro 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.0 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 Meakin, Knapp, Godfroid-Marecki, and Toy NAYS Robinson, McCann, and Laura The President declared the resolution failed due to lack of the required majority vote A communication from Schonscheck, Inc , dated February 4, 2008, re revised Site Plan, dated January 29, 2008, for the waiver use approval submitted by Mayfield Partners, L.L.0 , to operate a child care facility at 32520 Seven Mile Road and the relevant revised Site Plan, was received and placed on file for the information of the Council (Petition 2007-08-02-35, CR 557-07) A communication from neighboring businesses, Frank Bakhshandeh, 32606 Seven Mile Road (Fashion Cleaners), Cheryl Williams, 32614 Seven Mile Road (Perfect Present), Matthew Partyka, 326030 Seven Mile Road (Jets Pizza), William Tourgangeau, 32626 Seven Mile Road (Vitamin Express), and John Elieff, 32622 Seven Mile Road (Loveland Plaza Property Manager), dated February 8, 2008, expressing their support of the waiver use approval submitted by Mayfield aro Regular Meeting Minutes of February 27, 2008 36629 Partners, L L.0 , to operate a child care facility at 32520 Seven Mile Road, was received and placed on file for the information of the Council (Petition 2007-08-02- 35, CR 557-07) A communication from Schonscheck, Inc., received February 11, 2008, re Children of America Traffic Flow Pattern Study for the waiver use approval submitted by Mayfield Partners, L L C , to operate a child care facility at 32520 Seven Mile Road, was received and placed on file for the information of the Council (Petition 2007-08-02-35, CR 557-07) A communication from Schonsheck, Inc , received February 22, 2008, re revised plans for Petition 2007-08-02-35 by Mayfield Partners, L.L C , as well as a GAP Study and additional information on the Traffic Flow Pattern Study, was received and placed on file for the information of the Council (Petition 2007-08-02- 35, CR 557-07) Timothy Hader, Project Designer, Schonsheck, Inc., 51331 W Pontiac Trail, Wixom, was present at the meeting to answer any questions of Council (Petition 2007-08-02-35) Dean Koulouras, 13407 Farmington Road, Livonia, on behalf of the Petitioner, Mayfield Partners, L L.0 , was also present at the meeting to answer any questions of Council (Petition 2007-08-02-35) On a motion by Laura, seconded by Knapp, and unanimously adopted, it was #75-08 RESOLVED, that having considered the report and recommendation of the Committee of the Whole, dated February 11, 2008, submitted pursuant to Council Resolution 557-07, and having considered a communication from the City Planning Commission, dated October 11, 2007, which transmits its resolution 10-117-2007, adopted on October 9, 2007, with regard to Petition 2007-08-02-35, submitted by Mayfield Partners, L.L.0 requesting waiver use approval to construct and operate a child care facility located on the north side Regular Meeting Minutes of February 27, 2008 36630 of Seven Mile Road between Mayfield Avenue and Shadyside Avenue (32520 Seven Mile Road), in the Southwest 1/4 of Section 3, which property is zoned C-1, the Council does hereby reject the recommendation of the Planning Commission and Petition 2007-08-02- 35 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 A communication from the Public Service Division, dated February 21, 2008, re labor hours spent by Honeywell in 2007, and other additional information on the request to extend the Honeywell program, was received and placed on file for the information of the Council (CR 314-06 and CR 603-05) On a motion by McCann, seconded by Laura, and unanimously adopted, it was #76-08 RESOLVED, that having considered the report and recommendation of the Committee of the Whole, dated February 11, 2008, submitted pursuant to Council Resolution 314-06, regarding the Regular Meeting Minutes of February 27, 2008 36631 subject of Honeywell, Inc with respect to the City Hall building heating and air conditioning problems, the Council does hereby approve the renewal of the existing contract with Honeywell, Inc., 49116 Wixom Tech Drive, Wixom, Michigan 48393, for""staff support service (one-day per month) for the annual cost of $9,774 50, and such amount is hereby authorized to be expended from funds already budgeted in Account No 101-447-818-000 (General Fund, Public Service-Building Maintenance) for this purpose, FURTHER, the Council does hereby approve the continuation of the existing contract with Honeywell, Inc. for a one-year preventive maintenance program for the Community Recreation Center in the amount of $62,460 00, and such amount is hereby authorized to be expended from funds already budgeted in Account No 208-755-818-020 (Community Center — Professional and Contractual Services-Maintenance) for this purpose, FURTHER, the Council does hereby authorize such action 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, and the Mayor and City Clerk are hereby authorized, for and on behalf of the City of Livonia, to execute a contract extension with the aforesaid company and to do all things necessary or incidental to the full performance of this resolution A communication from the Public Service Division, dated February 22, 2008, re costs involved with the building of an Animal Shelter, received from Roscommon County and the City of Romulus, was received and placed on file for the information of the Council On a motion by Godfroid-Marecki, seconded by Knapp, and unanimously adopted, it was #77-08 RESOLVED, that having considered the report and recommendation of the Superintendent of Public Service and the Director of Public Works, dated February 11, 2008, which bears the signature of the Director of Finance, City Attorney, and Assistant City Attorney and is approved for submission by the Mayor, to which is attached a proposed Animal Sheltering Agreement between the City of Livonia and The Michigan Humane Society, 26711 Northwestern Highway, Suite 175, Southfield, Michigan 48034, for providing animal sheltering services to the City for the period commencing January 1, 2008, through November 30, 2009, with boarding fees to increase to $23 50 per day, the Council does hereby authorize the Mayor and City Clerk, for and on behalf of the City of Livonia, to execute the said Regular Meeting Minutes of February 27, 2008 36632 agreement subject to approval as to form by the Department of Law; FURTHER, the Council does hereby authorize such action without competitive bidding in accordance with Section 3 04 140 D.2 and D 4 of the Livonia Code of Ordinances, as amended, FURTHER, the Council does hereby authorize an expenditure in the total amount of $12,704 10 from Account No 205-526-805-000 to cover the retroactive payment of the difference in fees from January, 2006, to December 31, 2007 On a motion by Robinson, seconded by Laura, it was #78-08 RESOLVED, that having considered the report and recommendation of the Superintendent of Public Service and the Director of Public Works, dated February 11 , 2008, which bears the signature of the Director of Finance, City Attorney, and Assistant City Attorney and is approved for submission by the Mayor, to which is attached a proposed Animal Sheltering Agreement between the City of Livonia and The Michigan Humane Society, 26711 Northwestern Highway, Suite 175, Southfield, Michigan 48034, for providing animal sheltering services to the City for the period commencing January 1, 2008, through November 30, 2009, with boarding fees to increase to $23 50 per day, the Council does hereby authorize the Department of Public Works together with the Finance Director to do all things necessary to prepare specifications and a Request for Proposals and to obtain proposals for providing animal sheltering services to the City A roll call vote was taken on the foregoing resolution with the following result: AYES Robinson, Knapp, McCann, Laura, and Toy NAYS Meakin and Godfroid-Marecki The President declared the resolution adopted Meakin gave first reading to the following Ordinance AN ORDINANCE AMENDING SECTION 290 OF CHAPTER 04 (DOGS) OF TITLE 6 (ANIMALS) 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 The Regular Meeting Minutes of February 27, 2008 36633 above Ordinance was placed on the table for consideration at an upcoming Regular meeting A communication from Desine, Inc , received by Council at the Study meeting of February 20, 2008, containing menu board photos and dimensions re signage request submitted by Taco Bell for the restaurant at 33193 Eight Mile Road, was received and placed on file for the information of the Council (Petition 2007-11- SN-08) On a motion by Meakin, seconded by Robinson, and unanimously adopted, it was #79-08 RESOLVED, that having considered a communication from the City Planning Commission dated January 24, 2008, which transmits its resolution 01-03-2008, adopted on January 22, 2008, with regard to a Sign Permit Application, Petition 2007-11-SN-08, submitted by Taco Bell, requesting approval for signage for the new restaurant located on the south side of Eight Mile Road, between Farmington Road and Shadyside Road (33193 Eight Mile Road), in the Northwest 1/4 of Section 3, the Council does hereby concur in the recommendation of the Planning Commission and approve the said Sign Permit Application, subject to the following conditions 1 That the Sign Package submitted by Taco Bell, as received by the Planning Commission on November 7, 2007, is hereby approved and shall be adhered to, subject to Zoning Board of Appeals approval for excess sign area as it relates to the proposed 44 square foot menu board, 2 That the signage 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, and 4 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 February 27, 2008 36634 On a motion by Meakin, seconded by Laura, and unanimously adopted, it was #80-08 RESOLVED, that having considered a communication from the City Planning Commission, dated January 31, 2008, which transmits its resolution 01-01-2008 adopted on January 22, 2008, with regard to Petition 2007-11-08-18 submitted by Bob Evans Restaurant requesting site plan approval in connection with a proposal to demolish and reconstruct the restaurant on property located on the west side Of Middlebelt Road between Schoolcraft Road and Bentley Avenue (13911 Middlebelt Road), in the Southeast 1/4 of Section 23, pursuant to the provisions set forth in Section 18 58 of Ordinance No 543, as amended, the Council does hereby concur in the recommendation made by the Planning Commission and Petition 2007-11-08-18 is hereby approved and granted, subject to the following conditions 1 That the amended Site Plan marked Cl dated January 29, 2008, prepared by Mosure, L L C , is hereby approved and shall be adhered to, 2 That the amended Landscape Plan marked L1 dated January 29, 2008, prepared by Mosure L L.0 , is hereby approved and shall be adhered to, 3 That a row of large deciduous trees and other shrubs as selected from the Approved Tree Species/Suggested Plant Materials list, as identified in Table 1 of Section 18 45(d) of the Zoning Ordinance, be planted along the Middlebelt Road and Schoolcraft Road right-of-ways that abut the subject property, subject to the approval of the Planning Department; 4 That all disturbed lawn areas shall be sodded in lieu of hydroseeding, 5 That underground sprinklers are to be provided for all landscaped and sodded areas and all planted materials shall be installed to the satisfaction of the Inspection Department and thereafter permanently maintained in a healthy condition, 6 That the Exterior Building Elevation Plans marked A-2 0 and A- 2 1, both dated November 7, 2007, prepared by Mosure L L C are hereby approved and shall be adhered to, 7 That the brick used in the construction shall be full face four (4") inch brick, Regular Meeting Minutes of February 27, 2008 36635 8 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, 9 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 doors shall be of a composite construction and maintained and when not in use closed at all times, 10 That the same brick used in the construction of the building shall screen the pre-finished walk-in cooler unit on two (2) sides, 11 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; 12 That all light fixtures shall not exceed twenty-six (26') feet in height and shall be aimed and shielded so as to minimize stray light trespassing across property lines and glaring into adjacent roadway; 13 That this approval is subject to the petitioner being granted a variance from the Zoning Board of Appeals for deficient parking and any conditions related thereto, 14 That the two (2) proposed 45 square foot wall signs are approved with this petition, subject to the review and approval by the Zoning Board of Appeals, 15 That the existing non-conforming pylon sign shall be removed, 16 That no LED lightband or exposed neon shall be permitted on this site including, but not limited to, the building or around the windows, 17 That the specific plans referenced in this approving resolution shall be submitted to the Inspection Department at the time the building permits are applied for; and Regular Meeting Minutes of February 27, 2008 36636 18 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 this approval by City Council, and unless a building permit is obtained this approval shall be null and void at the expiration of said period Petitioner, Rick McKinney, Senior Real Estate Manager for Bob Evans Farms, Inc., 3776 S High Street, Columbus, Ohio, was present at the meeting to answer any questions of Council During the Audience Communication portion of the meeting, Daniel Livingston, 33964 Sleepy Hollow, Livonia, addressed Council regarding the proposed NAFTA Super Highway, from Mexico through to Canada, which will include the six mile stretch of 1-96 expressway in Livonia Mr Livingston expressed to Council his objection to this proposed highway and asked Council to stop the highway from being built by the federal government. Cathy Anderson, 15395 Williams, Livonia, MOPS representative from St. Edith Church, thanked Council for approving St. Edith's recent signage request and apologized for missing the previous meeting On a motion by McCann, seconded by Godfroid-Marecki, and unanimously adopted, this 1,603rd Regular Meeting of the Council of the City of Livonia was adjourned at 8 45 p m C6FIC/A Azin/liy Linda Grimsby, City Clerk