HomeMy WebLinkAboutCOUNCIL MINUTES 2007-07-02 36266
MINUTES OF THE ONE THOUSAND FIVE HUNDRED
EIGHTY-EIGHTH REGULAR MEETING OF JULY 2, 2007
On July 2, 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 Meakin delivered the invocation
Roll was called with the following result: Brian Meakin, Terry Godfroid-
Marecki, Thomas Robinson, Gerald Taylor, Don Knapp, and James McCann
Absent. Joe Laura, who was serving the City in another capacity
Elected and appointed officials present: John Hill, Assistant City
Engineer; Al Nowak, Planner IV, Karen Szymula, Director of Legislative Affairs,
Cathryn White, Chief Assistant City Attorney; Karen Tesner, Assistant City Clerk,
and Tom Murphy, Facility Manager, Community Recreation Center
On a motion by Taylor, seconded by Robinson, and unanimously
adopted, it was.
#295-07 RESOLVED that the Minutes of the 1,587th Regular
Meeting of the Council held June 18, 2007 are hereby approved as
submitted
There was no audience communication at the beginning of the
meeting
Council President McCann announced the following Public Hearings to
be held on Wednesday, July 25, 2007, at 7 00 p.m in the Auditorium of the Livonia
City Hall, 33000 Civic Center Drive, Livonia, Michigan
Proposed Special Assessment Street Lighting Project Livonia Manor
Site Condominiums, S E 1/4 Section 3, located North of Seven Mile,
between Merriman Road and Auburndale To determine necessity;
Proposed Special Assessment Street Lighting Project Maple Woods
Site Condominiums, N W 1/4 Section 4, located West of Gill Road,
Regular Meeting Minutes of July 2, 2007 36267
between Navin Avenue and Norfolk Avenue To determine necessity;
and
Proposed Special Assessment Street Lighting Project Lakeside
Estates Site Condominiums and Lakeside Estates Subdivision #2, S E
1/4 of Section 33 Located North of Ann Arbor Trail, between Parkside
Drive and Stark Road To determine necessity
An email communication from the Housing Commission, dated July 2,
2007, re hold harmless contract between the City of Livonia and Help Source,
whose name has been changed to the Revival Outreach Center, was received and
placed on file for the information of the Council
A communication from the Public Service Division, dated June 26,
2007, re additional information concerning the purchase of rock salt for the winter of
2007-2008, was received and placed on file for the information of the Council
A communication from Daryl Lombard, representative of Beef '0'
Brady's, dated June 29, 2007, re photographs requested by Council of the exterior,
interior and atmosphere of a typical Beef '0' Brady's establishment, was received
and placed on file for the information of the Council (Petition 2007-04-02-13)
A communication from the Department of Law, dated June 28, 2007,
re availability of a tavern license for Beef '0' Brady's Family Sports Pub, was
received and placed on file for the information of the Council (Petition 2007-04-02-
13)
At the direction of the chair, item #28 of the Agenda was removed from
the consent portion of the Agenda
On a motion by Knapp, seconded by Taylor, it was.
#296-07 RESOLVED, that having considered an application from
Pearl Franges, 14430 Brentwood, dated June 11, 2007, requesting
Regular Meeting Minutes of July 2, 2007 36268
permission to close Brentwood Street, between Meadowlark and
Jacquelyn, on Saturday, August 18, 2007, from 1000 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 19, 2007, in the event of
inclement weather, the action taken herein being made subject to the
approval of the Police Department.
•
#297-07 RESOLVED, that having considered an application from
Betty McGuire, 9062 Butwell, dated June 7, 2007, requesting
permission to close Northfield, from Stonehouse to Butwell, on
Saturday, September 8, 2007, from 12 30 p m to 3.00 p m for the
purpose of conducting a block party, the Council does hereby grant
permission as requested, including therein permission to conduct the
said affair on Sunday, September 9, 2007, in the event of inclement
weather, the action taken herein being made subject to the approval of
the Police Department.
#298-07 RESOLVED, that having considered an application from
Janel Barber, 18997 Gillman, dated June 15, 2007, requesting
permission to close Gillman, between Seven Mile Road and Clarita, on
Saturday, August 4, 2007, from 12 00 p m to 1000 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 5, 2007, in the event of inclement
weather, the action taken herein being made subject to the approval of
the Police Department.
#299-07 RESOLVED, that having considered an application from
Lisa Damico, 33024 Martin, dated June 18, 2007, requesting
permission to close Martin Street, between Westmore and Loveland,
on Saturday, August 11, 2007, from 2 00 p m to 1000 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.
#300-07 RESOLVED, that having considered a communication
from the City Clerk, dated June 11, 2007, forwarding an application
submitted by Marsha Nemon, 598 Winwood Circle, Walled Lake,
Michigan 48390, 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
Regular Meeting Minutes of July 2, 2007 36269
#301-07 RESOLVED, that having considered a letter from Mark
Hamel, received in the office of the City Clerk on June 12, 2007,
requesting a waiver of the sidewalk requirement in front of the new
home recently constructed at 30556 Pembroke Avenue, the Council
does hereby approve this request inasmuch as omitting the sidewalk
on the subject property would have no detrimental effect upon the
neighboring properties at this time due to lack of any other public
sidewalks existing within the neighboring area, FURTHER, the Council
does hereby reserve the right to require sidewalks at this location in
the event that additional sidewalks are installed in this area at some
future date
#302-07 RESOLVED, that having considered a letter from Roy A.
Field, Trustee, Deer Creek Homeowners Association, dated June 15,
2007, requesting culvert improvements and/or the installation of a
bridge over the culvert located between the northwest side of
McNamara Park and the south walkway to/from the Deer Creek
subdivision, the Council does hereby refer this matter to the
administration for a report and recommendation
A communication from the City Clerk, dated June 12, 2007, re
notification as forwarded by the Director of Assessment and Equalization, Wayne
County Department of Management and Budget, to include in 2007 Summer tax levy
Wayne County Charter millage rate, was received and placed on file for the
information of the Council
A communication from the City Clerk, dated June 18, 2007, re
communication from the Secretary of the Board of Education requesting that their
tax levy be collected as a Summer tax and that their two millage rates be identified
separately on property tax bills re Wayne County Regional Educational Service
Agency (RESA) for the year 2007, was received and placed on file for the
information of the Council
#303-07 RESOLVED, that having considered the report and
recommendation of the Division of Police, dated June 6, 2007, which
bears the signature of the Director of Finance, and is approved for
submission by the Police Chief, the Director of Public Safety and the
Regular Meeting Minutes of July 2, 2007 36270
Mayor, the Council does hereby approve the purchase of three (3) new
Direct Link Crisis Communication Systems from Enforcement
Technology Group, 400 North Broadway, 4th Floor, Milwaukee,
Wisconsin 53202, to provide regional crisis negotiation teams (Livonia
Police Department, Grosse Pointe Park Department of Public Safety
and Taylor Police Department) with access to Crisis Communications
Equipment, in the total amount of $70,500 00, with 100% of the cost to
be reimbursed by the State of Michigan from the FY 2005 State
Homeland Security-Urban Areas Security Initiative (UASI) grant for this
purpose, FURTHER, the Council does hereby authorize the purchase
of said items without competitive bidding for the reasons indicated in
the aforesaid communication, and such action is taken in accordance
with Section 3 04 140 D4 of the Livonia Code of Ordinances, as
a mended
#304-07 RESOLVED, that having considered the report and
recommendation of the Chief of Police, dated June 7, 2007, which
bears the signatures of the Director of Finance and the Director of
Public Safety, and is approved for submission by the Mayor, the
Council does hereby accept the bid of Integrity Networks, 100 E Big
Beaver Road, Suite 826, Troy, Michigan 48083, for supplying a new
infrastructure for the Police Department computer system which
includes a new computer communications backbone, a redundant
switch, firewalls and components to increase the speed and reliability
of the network within the Police and Fire Departments, in the total
amount of $129,134 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 $129,134 00 from
funds already budgeted in Account No 401-000-976-028 for this
purpose, and the Mayor and City Clerk are hereby authorized, for and
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
#305-07 RESOLVED, that having considered the report and
recommendation of the Superintendent of Parks and Recreation, dated
June 4, 2007, which bears the signature of the Director of Finance and
is approved for submission by the Mayor, and which sets forth Parks
and Recreation Commission Resolution 2935-07, adopted on May 7,
2007, wherein the Commission has recommended an increase in
figure skating and competition fees per the attached schedule, the
Council does hereby approve the increases in fees and charges as
recommended in the aforesaid communication
#306-07 RESOLVED, that having considered the report and
recommendation of the Superintendent of Parks and Recreation, dated
Regular Meeting Minutes of July 2, 2007 36271
June 15, 2007, which bears the signature of the Director of Finance
and is approved for submission by the Mayor, and which sets forth
Parks and Recreation Commission Resolution 2927-07, adopted on
April 2, 2007, and Resolution 2933-07, adopted on May 7, 2007,
wherein the Commission has recommended approval of monthly fees
for an Electronic Fund Transfer Plan for membership at the Livonia
Community Recreation Center and approval of two (2) proposed
contracts (Pay Flow Gateway and ACH Payment Service) with PayPal,
Inc. to implement the EFT process, the Council does hereby approve
monthly fees for an Electronic Fund Transfer Plan for membership at
the Livonia Community Recreation Center as recommended in the
aforesaid communication, FURTHER, the Council does hereby
authorize the Mayor and the City Clerk, for and on behalf of the City of
Livonia, to execute the contracts with PayPal, Inc in the manner and
form herein submitted, and to do all other things necessary or
incidental to the full performance of this resolution
#307-07 RESOLVED, that having considered the report and
recommendation of the Superintendent of Parks and Recreation, dated
June 15, 2007, which bears the signature of the Director of Finance
and is approved for submission by the Mayor, in connection with a
proposed Electronic Fund Transfer Plan for membership at the Livonia
Community Recreation Center, the Council does hereby refer the
subject of more flexible payment plans regarding membership at the
Community Recreation Center for seniors in the community to the
Committee of the Whole for its report and recommendation
A communication from the Livonia Housing Commission, dated May
22, 2007, re audit report for the fiscal year ending December 31, 2006, was
received and placed on file for the information of the Council
#308-07 RESOLVED, that having considered the report and
recommendation of the Director of the Housing Commission, dated
June 1, 2007, 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, 2007 through June 30, 2008, 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
#309-07 RESOLVED, that having considered the report and
recommendation of the Director of the Housing Commission, dated
Regular Meeting Minutes of July 2, 2007 36272
June 1, 2007, approved for submission by the Mayor, and to which is
attached a Hold Harmless Contract between the City of Livonia and the
Revival Outreach Center for the period July 1, 2007 through June 30,
2008, 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
#310-07 RESOLVED, that having considered the report and
recommendation of the Director of the Housing Commission, dated
June 1, 2007, 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, 2007
through June 30, 2008, 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
#311-07 RESOLVED, that having considered the report and
recommendation of the Director of the Housing Commission, dated
June 1, 2007, 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; St. John Health System/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, 2007 through
June 30, 2008, 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
#312-07 RESOLVED, that having considered a communication
from the Water and Sewer Board, dated June 5, 2007, which bears the
signature of the Finance Director and is approved for submission by
the Mayor, which transmits its resolution WS 3740 06/07, wherein the
Board concurs in the recommendation made by the Public Utility
Manager in a letter dated May 31, 2007, attached thereto, the Council
does hereby accept the bid of Jack Doheny Supplies, Inc., 777 Doheny
Court, Northville, Michigan 48167, for supplying the Public Service
Division (Water and Sewer Section) with one (1) IBAK Rapid View
sewer televising system and software for a total price of $113,890 00,
Regular Meeting Minutes of July 2, 2007 36273
the same having been in fact the lowest and only bid received and
meets all specifications, FURTHER, the Council does hereby
authorize an expenditure in the amount of $113,890 00 from funds
already budgeted for this purpose in Account No 592-559-140-000
#313-07 RESOLVED, that having considered a communication
from the Water and Sewer Board, dated June 5, 2007, which bears the
signature of the Finance Director and is approved for submission by
the Mayor, which transmits its resolution WS 3739 06/07, wherein the
Board concurs in the recommendation made by the Public Utility
Manager in letters dated April 10, 2007, and May 29, 2007, attached
thereto, the Council does hereby accept the bid of Motor City Trucks,
39300 Schoolcraft Road, Livonia, Michigan 48150, for supplying the
Public Service Division (Water and Sewer Section) with two (2) 2008
Ford 4x2 Super Duty F-550 dump trucks for a net price of $97,320 00,
based on a total price of $98,320 00 less trade-ins of $1,000 00, the
same having been in fact the lowest and only bid received and meets
all specifications, FURTHER, the Council does hereby authorize an
expenditure in the amount of $97,320 00 from funds already budgeted
for this purpose in Account No 592-559-142-000
#314-07 RESOLVED, that having considered the report and
recommendation of the Superintendent of Public Service and the
Director of Public Works, dated June 4, 2007, which bears the
signature of the Director of Finance and is approved for submission by
the Mayor, to which is attached a communication from Detroit Salt
Company, dated May 30, 2007, wherein it is indicated that Detroit Salt
Company has offered to extend the prices bid in 2006-2007 into the
2007-2008 season, the Council does hereby authorize the purchase of
100% of the City's requirement of rock salt used for ice control from the
Detroit Salt Company, 12841 Sanders Street, Detroit, Michigan 48217,
at the unit prices bid in 2006 of $26 38 per ton, for an estimated total
amount of $145,090 00, for the period August 1, 2007 through June
30, 2008, FURTHER, the Council does hereby authorize an
expenditure in an amount not to exceed $145,090 00 from funds
already budgeted for this purpose in Account No 101-463-784-000
(Snow Removal Supplies), FURTHER, the Council does hereby
authorize the aforesaid action without competitive bidding in
accordance with Section 3 04 140D4 of the Livonia Code of
Ordinances, as amended
#315-07 RESOLVED, that having considered the report and
recommendation of the City Engineer, dated May 31, 2007, which
bears the signature of the Director of Public Works and is approved for
submission by the Mayor, with regard to a request from the Wayne
County Department of Public Services that the City take jurisdiction
Regular Meeting Minutes of July 2, 2007 36274
and control of the entire on-site storm sewer collection system as part
of the development of a Burger King Restaurant at 29211 Seven Mile
Road, Livonia, Michigan, the Council does hereby determine as
follows
1 To advise the Wayne County Department of Public Services
(Permit Section) that the City of Livonia has approved the storm
sewer site plans and further, that the City will accept jurisdiction
and maintenance (at no expense to the County) of the storm
sewer within the property located on the south side of Seven
Mile Road, east of Middlebelt Road, in the Northwest 1/4 of
Section 12 (See attached Maintenance Agreement from the
owner, Burger King Corporation, indicating their willingness to
reimburse the City for any such maintenance that may become
necessary),
2 To authorize the City Engineer to execute a Wayne County
permit on behalf of the City of Livonia in connection with the
above storm sewer construction, and
3 To authorize the Mayor to execute the Maintenance Agreement
on behalf of the City
n
#316-07 RESOLVED, that having considered the report and
recommendation of the City Engineer, dated June 7, 2007, which
bears the signature of the Director of Public Works and the Director of
Finance and is approved for submission by the Mayor, with regard to
the street improvement of Pickford Avenue, between Bainbridge and
Hillcrest (S.A.D No 413), located south of Seven Mile Road between
Merriman and Middlebelt Roads in the Northwest 1/4 of Section 11, the
Council does hereby determine as follows
• To authorize a revision and amendment to Special Assessment
District No 413 in accordance with the revised assessment roll
attached to the aforesaid communication so as to decrease the
total assessment as set forth in the confirmed assessment roll
for Special Assessment District No 413 from $180,575 95 to
$141,509 06, with the assessments to be decreased to the
assessment rate of $120 15 per lineal foot (an 8 9% reduction)
and which amendment will reflect actual costs incurred in this
project;
• To establish the final project cost at $318,262 77, of which
$141,509 06 is to be charged to the Special Assessment
District, with the City's share being $95,233 60 (25% of the
paving plus 300 feet of frontage on Beverly Park) plus
Regular Meeting Minutes of July 2, 2007 36275
• $81,520 11 (100% of the drainage), authorized in Council
Resolution No 316-06, and
To authorize an expenditure in the amount of$318,262 77, from
the General Obligation Road Improvement Bond Issue, with the
provision that the Bond Issue be reimbursed from that portion of
the project which is to be financed by special assessment at
such time as funds are available from future payments,
and the City Assessor, City Clerk and City Treasurer are hereby
authorized to do all things necessary or incidental to the full
performance of this resolution
#317-07 RESOLVED, that having considered a communication
from the City Engineer, dated June 14, 2007, approved for submission
by the Mayor, to which is attached a proposed agreement between the
City of Livonia and Bright House Networks, LLC, to install a service
feed on City property to Wayne County's Global Positioning Station at
Greenmead, the Council does hereby approve the agreement in the
manner and form herein submitted, and the Mayor and City Clerk are
hereby authorized, for and on behalf of the City of Livonia, to affix their
signatures to the said agreement, subject to approval as to form by the
Department of Law
#318-07 RESOLVED, that having considered a request from
Councilmember Joe Taylor, regarding the complaint from Edwin
Koziol, 11790 Jarvis, the Council does hereby refer the subject of
evening noises coming from the Federal Express facility near this
resident's home to the Administration for its report and
recommendation
#319-07 RESOLVED, that having considered an application from
Patricia Holcomb, 12387 Cavell, dated May 25, 2007, requesting
permission to close Cavell, between Grantland and Capitol, on
Wednesday, July 4, 2007, from 10 00 a 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.
#320-07 RESOLVED, that having considered a communication
from the City Planning Commission, dated June 4, 2007, which
transmits its resolution 05-55-2007, adopted on May 29, 2007, with
regard to Petition 2007-04-02-12, submitted by Lombard Enterprises,
Inc., requesting waiver use approval to operate a full service restaurant
(Beef O'Brady's Family Sports Pub) on property located on the south
trio side of Eight Mile Road, between Farmington Road and Gill Road
Regular Meeting Minutes of July 2, 2007 36276
(33523 Eight Mile Road), in the Northeast 1/4 of Section 4, the Council
does hereby concur in the recommendation made by the City Planning
Commission and Petition 2007-04-02-12 is hereby approved and
granted, subject to the following conditions
1 That the maximum number of customer seats shall not exceed
135,
2 That the issues as listed in the correspondence dated May 9;
2007, from the Inspection Department in regard to barrier free
code requirements, including entry doors and bathrooms, along
with other issues relating to minimum main egress aisle width
and bathroom egress door conflicts, shall be resolved to that
department's satisfaction,
3 That the rear door of this unit shall identify the tenant and/or
address/space number;
4 That a dumpster and/or grease receptacle shall be provided for
the subject restaurant within an appropriate masonry enclosure
with metal gates,
5 That only signage in compliance with Section 18 50A and
18 50K(b) is approved with this petition, and any additional
signage shall be submitted for review and approval by the
Planning Commission and City Council, and
6 That no LED lightband or exposed neon shall be permitted on
the site including, but not limited to, the building or around the
windows
#321-07 RESOLVED, that having considered a communication
from the City Planning Commission, dated June 4, 2007, which
transmits its resolution 05-48-2007, adopted on May 29, 2007, with
regard to Petition 2007-04-08-08, submitted by Tiseo Architects, Inc.,
on behalf of Eight Mile Place, requesting site plan approval in
connection with a proposal to construct a multi-tenant building and
obtain preliminary approval for a drug store and bank branch with
drive-thru operations on the south side of Eight Mile Road, between
Farmington Road and Shadyside Road (33215, 33239 and 33375
Eight Mile Road and 20413 Shadyside Road), in the Northwest 1/4 of
Section 3, 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
2007-04-08-08 is hereby approved and granted, subject to the
following conditions
Regular Meeting Minutes of July 2, 2007 36277
1 That the Schematic Site Plan marked Sheet No P1 dated June
1, 2007, as revised, prepared by Tiseo Architects, Inc., is
hereby approved and shall be adhered to,
2 That the Site Plan marked Drawing No C-02 dated June 1,
2007, as revised, prepared by Engineering Services, Inc., is
hereby approved and shall be adhered to,
3 That appropriate recordable legal instrumentation, such as a
cross parking agreement, that gives notice and outlines the
terms of how the subject property(s) would share parking, be
supplied to the City;
4 That the Landscape Plans marked Sheet No L-1 and L-2 both
dated June 1, 2007, as revised, prepared by E J Kleckner &
Associates, is hereby approved and shall be adhered to, except
that brick pavers shall be used in lieu of decorative concrete in
the construction of the plaza,
5 That the height of the planted trees shall be measured from the
top of the root ball to the mid-point of the top leader;
6 With the exception of the rain garden and detention area, all
disturbed lawn areas shall be sodded in lieu of hydroseeding
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,
7 In regards to Retail "C" only, the Exterior Building Elevation Plan
labeled "Branch Bank 'B' and Retail 'C' Elevations" dated June
1, 2007, as revised, prepared by Tiseo Architects, is hereby
approved and shall be adhered to,
8 That the brick used in the construction shall be full face four (4")
inch brick;
9 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,
10 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
Regular Meeting Minutes of July 2, 2007 36278
design, texture and color shall match that of the building and the
enclosure gates shall be of steel construction and maintained
and when not in use closed at all times,
11 That the petitioner 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 the developer shall submit for approval an ongoing
mosquito control program, as approved by the Department of
Public Works describing maintenance operations and larvicide
applications to the City of Livonia Inspection Department prior to
the construction of the stormwater retention facility;
13 That the owner shall provide annual reports to the Inspection
Department on the maintenance and larvicide treatments
completed on the stormwater detention pond,
14 That all light fixtures shall not exceed twenty (20') feet in height
and shall be aimed and shielded so as to minimize stray light
trespassing across property lines and glaring into adjaCent
roadway;
15 That the petitioner shall correct to the Fire Department's
satisfaction the items outlined in the correspondence dated May
7, 2007,
16 That the petitioner shall correct to the Police Department's
satisfaction the items outlined in the correspondence dated May
23, 2007,
17 As shown on the approved plans, sidewalks shall be installed
along the right-of-way of this development;
18 That only conforming signage is approved with this petition, and
any additional signage shall be separately submitted for review
and approval by the Zoning Board of Appeals,
19 That no LED lightband or exposed neon shall be permitted on
this site including, but not limited to, the building or around the
windows,
Regular Meeting Minutes of July 2, 2007 36279
20 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
21 Pursuant to Section 19 10 of Ordinance #543, the Zoning
Ordinance of the City of Livonia, this approval is valid for a
period of one year only from the date of approval by City
Council, and unless a building permit is obtained this approval
shall be null and void at the expiration of said period
#322-07 RESOLVED, that having considered a communication
from the City Planning Commission, dated June 5, 2007, which
transmits its resolution 05-57-2007, adopted on May 29, 2007, with
regard to Petition 2007-05-02-16, submitted by Potbelly Sandwich
Works requesting waiver use approval to operate a full service
restaurant 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 made by the City Planning Commission
and Petition 2007-05-02-16 is hereby approved and granted, subject to
the following conditions.
1 That the maximum number of customer seats shall not exceed
58,
2 That the outdoor storage of refuse shall be limited to the
dumpster enclosure provided at the westerly end of the rear wall
of Building "J" as shown on the approved site plan for Village
Shops of Wonderland, and there shall be no additional outdoor
refuse storage area anywhere else on the site in connection
with this use,
3 That no wall signage is approved with this petition All such
signage shall be separately submitted for review and approval
by the Planning Commission and City Council, and
4 That no LED lightband or exposed neon shall be permitted on
the site including, but not limited to, the building or around the
windows.
#323-07 RESOLVED, that having considered a communication
from the City Planning Commission, dated June 13, 2007, which
transmits its resolution 06-61-2007, adopted on June 12, 2007, with
regard to Petition 2007-05-08-10, submitted by Custom Stone Works
requesting site plan approval in connection with a proposal to construct
an addition to the commercial building located on the north side of
Regular Meeting Minutes of July 2, 2007 36280
Plymouth Road, between Farmington Road and Mayfield Avenue
(32910 Plymouth Road), in the Southwest 1/4 of Section 27, the Council
does hereby concur in the recommendation made by the Planning
Commission and Petition 2007-05-08-10 is hereby approved and
granted, subject to the following conditions.
1 That the Site Plan marked A-1 dated June 13, 2007, as revised,
prepared by Donald A. DiComo, Architect, is hereby approved
and shall be adhered to,
2 That the Exterior Building Elevation Plan marked A-4 dated
June 13, 2007, as revised, prepared by Donald A. DiComo,
Architect, is hereby approved and shall be adhered to,
3 That the petitioner shall correct to the Fire Department's
satisfaction the items outlined in the correspondence dated May
25, 2007,
4 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
5 Pursuant to Section 19 10 of Ordinance #543, the Zoning
Ordinance of the City of Livonia, this approval is valid for a
period of one year only from the date of approval by City
Council, and unless a building permit is obtained this approval
shall be null and void at the expiration of said period
#324-07 RESOLVED, that having considered the report and
recommendation of the Department of Law, dated June 12, 2007,
approved for submission by the Mayor, submitted pursuant to Council
Resolutions 497-06 and 346-06, with respect to the purchase by
adjoining property owners of City-owned property located at 18301
Farmington Road, more particularly described as
Parcel A
That part of the Northeast 1/4 of Section 9, T 1 S , R. 9 E , City of
Livonia, Wayne County, Michigan, described as beginning at the
southeast corner of Lot 139 of "Seven Mile Super Highway
Subdivision" as recorded in Liber 53 of Plats, Page 50, Wayne County
Records, thence due South 40 00 feet along the west line of
Farmington Road, thence N 89°54'30" W 120 00 feet; thence due
North 40 00 feet; thence S 89°54'30" E 120 00 feet to the point of
beginning Containing 4,800 Sq Ft./0 110 Acres. Part of Parcel 033-
099-0007-000
Regular Meeting Minutes of July 2, 2007 36281
Parcel B
That part of the Northeast 1/4 of Section 9, T 1 S , R. 9 E , City of
Livonia, Wayne County, Michigan, described as commencing at the
southeast corner of Lot 139 of "Seven Mile Super Highway
Subdivision" as recorded in Liber 53 of Plats, Page 50, Wayne County
Records, thence due south 40 00 feet along the west line of
Farmington Road, thence N 89°54'30" W 120 00 feet to the point of
beginning, thence N 89°54'30" W 30 00 feet; thence S 46°06'29" W
141 54 feet; thence due west 64 00 feet; thence N 32°16'28" W 86 87
feet; thence along the easterly line of Filmore Avenue N 57°43'32" W
35 75 feet and on a 182 73 foot radius tangent curve to the left 105 34
feet; thence S 81°03'28" E 145 48 feet along the southerly line of Lot
181 of said Seven Mile Super Highway Subdivision, thence due south
50 00 feet to the point of beginning Part of Parcel 033-099-0007-000
the Council does hereby accept the offer by D'Orazio Investment, LLC
to purchase Parcel A described above for $10,000 00, and the offer of
Terrance Shay to purchase Parcel B in the amount of $10,000 00,
which sales are subject to easements and use restrictions intended to
promote proper drainage and conditioned upon the purchasers
providing such title work as may be required for this transaction, the
action herein being taken in order to best serve the interests of the
community; and the Mayor and City Clerk are hereby authorized for
and on behalf of the City of Livonia, to execute Quit Claim Deeds and
such documents as may be necessary or incidental to fulfill the
purpose of this resolution, and the Department of Law is hereby
requested to prepare and place in proper form such legal documents
as they deem necessary to consummate these transactions
#325-07 RESOLVED, that having considered a communication
from the Department of Law, dated June 13, 2007, which bears the
signature of the Director of Finance, and is approved for submission by
the Mayor, with respect to the Sublease Agreement between the City
of Livonia and Livonia Public Schools School District previously
authorized by Council Resolution 618-03, the Council does approve
the request to extend the Sublease Agreement between the City of
Livonia and the Livonia Public School System for the gymnastic area at
the Livonia Community Recreation Center at an annual lease rate of
$55,404 00 to be paid on a month-to-month basis
A roll call vote was taken on the foregoing resolutions with the following result:
AYES Meakin, Godfroid-Marecki, Robinson, Taylor, Knapp,
and McCann
Regular Meeting Minutes of July 2, 2007 36282
NAYS None
On a motion by Taylor, seconded by Meakin, and unanimously
adopted, it was
#326-07 RESOLVED, that having considered a communication
from the City Planning Commission, dated June 4, 2007, which
transmits its resolution 05-56-2007, adopted on May 29, 2007, with
regard to Petition 2007-04-02-13, submitted by Lombard Enterprises,
Inc requesting waiver use approval to utilize a Class C liquor license
(to be reclassified as a tavern license) in connection with a proposed
full service restaurant (Beef O'Brady's Family Sports Pub) on property
located on the south side of Eight Mile Road, between Farmington
Road and Gill Road (33523 Eight Mile Road), in the Northeast 1/4 of
Section 4, the Council does hereby concur in the recommendation
made by the City Planning Commission and Petition 2007-04-02-13 is
hereby approved and granted, subject to the following conditions.
1 That this waiver use is granted for the sale of beer and wine
only, for consumption on the premises, and shall not include
mixed spirit drink or spirits as defined under the Michigan Liquor
Control Code, and
2 That mechanical amusement devices in excess of the number
permitted under Section 19 59(a)(3), which allows such devices
as an accessory use to a Class C license establishment, shall
require a variance from the Zoning Board of Appeals.
Petitioner, Daryl Lombard, 23290 Halsted, Farmington Hills, expressed
to Council his concern regarding the value of the liquor license for Beef O'Brady's if
it is required to be reclassified (Petition 2007-04-02-13)
A communication from the Planning Department, dated May 30, 2007,
regarding the subject of the Wonderland Village Storm Water Detention Area, was
received and placed on file for the information of the Council (CR 228-07)
A communication from the Wayne County Department of Public
Service, Engineering Division/Permit Office, dated June 8, 2007, regarding the
Regular Meeting Minutes of July 2, 2007 36283
proposed Wonderland Mall Development, City of Livonia, R-06-458, was received
and placed on file for the information of the Council (CR 228-07)
President McCann stated that the subject of the detention pond located
at Wonderland Village will remain in the Committee of the Whole. (CR 228-07).
Taylor gave first reading to 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)
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
Knapp took from the table, for second reading and adoption, the
following Ordinance
AN ORDINANCE ADDING SECTIONS 112 AND 197 TO TITLE 10,
CHAPTER 06 (DEFINITIONS) OF THE LIVONIA CODE OF
ORDINANCES, AS AMENDED
A roll call vote was taken on the foregoing Ordinance with the following result:
AYES Meakin, Godfroid-Marecki, Robinson, Taylor, Knapp,
and McCann
NAYS None
The President declared the foregoing Ordinance duly adopted, and would become
effective on publication
Knapp took from the table, for second reading and adoption, the
following Ordinance
Regular Meeting Minutes of July 2, 2007 36284
AN ORDINANCE AMENDING SECTIONS 100, 150 AND 160 OF
TITLE 10, CHAPER 84 (BICYCLES, MOPEDS, MOTORCYCLES AND
SIMILAR VEHICLES) OF THE LIVONIA CODE OF ORDINANCES, AS
AMENDED
A roll call vote was taken on the foregoing Ordinance with the following result:
AYES Meakin, Godfroid-Marecki, Robinson, Taylor, Knapp
and McCann;
NAYS None.
The President declared the foregoing Ordinance duly adopted, and would become
effective on publication
At 8 15 p m , Knapp left the podium to avoid a perceived conflict of
interest.
On a motion by Meakin, seconded by Godfroid-Marecki, it was.
#327-07 RESOLVED, that having considered a communication
from the City Planning Commission, dated June 4, 2007, which
transmits its resolution 05-54-2007, adopted on May 29, 2007, with
regard to Petition 2007-04-02-11, submitted by Great Lakes Dining,
Inc., requesting waiver use approval to utilize a Class C liquor license
in connection with a full service restaurant (T G I Friday's) on property
located on the east side of Haggerty Road, between Seven Mile Road
and Eight Mile Road (20120 Haggerty Road), in the Northwest % of
Section 6, the Council does hereby concur in the recommendation
made by the City Planning Commission and Petition 2007-04-02-11 is
hereby approved and granted, FURTHER, the Council does hereby
waive the requirement for a 1,000 foot separation between Class C
licensed establishments as set forth in Section 11 03(h) of Zoning
Ordinance No 543, as amended
A roll call vote was taken on the foregoing resolution with the following result:
AYES Meakin, Godfroid-Marecki, Robinson, Taylor, and
McCann
NAYS None.
The President declared the resolution adopted
Regular Meeting Minutes of July 2, 2007 36285
On a motion by Taylor, seconded by Meakin, it was
#328-07 RESOLVED, that having considered a letter from David
L. Campbell, Attorney at Law, dated April 25, 2007, representing Great
Lakes Dining Inc., requesting approval of an application for a New
Quota Class C liquor license for the operation of a T G I Friday's
restaurant to be located at 20120 Haggerty Road, Livonia, Michigan,
Wayne County, the Council does hereby determine to take no further
action with regard to this matter since Great Lakes Dining, Inc. has
been advised that the City has no New Quota Class C liquor licenses
available at this time
A roll call vote was taken on the foregoing resolution with the following result:
AYES Meakin, Godfroid-Marecki, Robinson, Taylor, and
McCann
NAYS None
The President declared the resolution adopted
Knapp returned to the podium at 8 17 p m
A communication from the Department of Law, dated June 28, 2007,
re possibility of additional waiver use condition being added to the request
submitted by Tiseo Architects for property located on the south side of Eight Mile
Road, between Farmington Road and Shadyside Road, was received and placed on
file for the information of the Council (Petition 2007-04-02-14)
On a motion by Taylor, seconded by Robinson, it was
RESOLVED, that having considered a communication from the City
Planning Commission, dated June 4, 2007, which transmits its
resolution 05-49-2007, adopted on May 29, 2007, with regard to
Petition 2007-04-02-14 submitted by Tiseo Architects, Inc. requesting
waiver use approval to construct and operate a drugstore with a drive-
up window facility on property located on the south side of Eight Mile
Road, between Farmington Road and Shadyside Road (33375 Eight
Mile Road), in the Northwest 1/4 of Section 3, the Council does hereby
concur in the recommendation made by the City Planning Commission
and Petition 2007-04-02-14 is hereby approved and granted, subject to
the following conditions
Regular Meeting Minutes of July 2, 2007 36286
1 That the Schematic Site Plan marked Sheet No P1 dated June
1, 2007, as revised, prepared by Tiseo Architects, Inc., is
hereby approved and shall be adhered to,
2 That the Site Plan marked Drawing No C-02 dated June 1,
2007, as revised, prepared by Engineering Services, Inc., is
hereby approved and shall be adhered to,
3 That appropriate recordable legal instrumentation, such as a
cross parking agreement, that gives notice and outlines the
terms of how the subject property (s) would share parking, be
supplied to the City;
4 That the Landscape Plans marked Sheet No L-1 and L-2 both
dated June 1, 2007, as revised, prepared by E J Kleckner &
Associates, are hereby approved and shall be adhered to,
except that brick pavers shall be used in lieu of decorative
concrete in the construction of the plaza,
5 That the Exterior Building Elevation Plan labeled "Drugstore
Retail 'A' Elevations" dated June 1, 2007, as revised, prepared
by Tiseo Architects, is hereby approved and shall be adhered
to,
6 That the brick used in the construction shall be full face four (4")
inch brick;
7 That all rooftop mechanical equipment shall be concealed from
public view on all sides by screening that shall be of a
compatible character, material and color to other exterior
materials on the building,
8 That the walls of the dumpster and transformer unit enclosures
shall be constructed out of the same brick used in the
construction of the building or in the event a poured wall is
substituted, the wall's design, texture and color shall match that
of the building and the enclosure gates shall be of steel
construction and maintained and when not in use closed at all
times,
9 That the traffic lane serving the drive-up service facility shall be
at least twelve (12) feet in width, unless this requirement is
modified by the City Council by means of a separate resolution
by which two-thirds of the members of the City Council concur;
amp
Regular Meeting Minutes of July 2, 2007 36287
10 That all conditions imposed under the Council resolution
approving Petition 2007-04-08-08, granting site plan approval
for the Eight Mile Place development, shall remain in effect to
the extent that they are not in conflict with this approval,
11 That only conforming signage is approved with this petition, and
any additional signage shall be separately submitted for review
and approval by the Zoning Board of Appeals,
12 That no LED lightband or exposed neon shall be permitted on
this site including, but not limited to, the building or around the
windows,
13 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
14 Pursuant to Section 19 10 of Ordinance #543, the Zoning
Ordinance of the City of Livonia, this approval is valid for a
period of one year only from the date of approval by the City
Council, and unless a building permit is obtained this approval
shall be null and void at the expiration of said period
Knapp requested an amendment to the foregoing resolution to require
that the signage come back separately for Planning Commission and City Council
approval, which was seconded by Godfroid-Marecki, unanimously adopted, and
resulted in the following
#329-07 RESOLVED, that having considered a communication
from the City Planning Commission, dated June 4, 2007, which
transmits its resolution 05-49-2007, adopted on May 29, 2007, with
regard to Petition 2007-04-02-14 submitted by Tiseo Architects, Inc.
requesting waiver use approval to construct and operate a drugstore
with a drive-up window facility on property located on the south side of
Eight Mile Road, between Farmington Road and Shadyside Road
(33375 Eight Mile Road), in the Northwest 1/4 of Section 3, the Council
does hereby concur in the recommendation made by the City Planning
Commission and Petition 2007-04-02-14 is hereby approved and
granted, subject to the following conditions
That the Schematic Site Plan marked Sheet No P1 dated June
1, 2007, as revised, prepared by Tiseo Architects, Inc., is
hereby approved and shall be adhered to,
Regular Meeting Minutes of July 2, 2007 36288
2 That the Site Plan marked Drawing No C-02 dated June 1,
2007, as revised, prepared by Engineering Services, Inc., is
hereby approved and shall be adhered to,
3 That appropriate recordable legal instrumentation, such as a
cross parking agreement, that gives notice and outlines the
terms of how the subject property (s) would share parking, be
supplied to the City;
4 That the Landscape Plans marked Sheet No L-1 and L-2 both
dated June 1, 2007, as revised, prepared by E J Kleckner &
Associates, are hereby approved and shall be adhered to,
except that brick pavers shall be used in lieu of decorative
concrete in the construction of the plaza,
5 That the Exterior Building Elevation Plan labeled "Drugstore
Retail 'A' Elevations" dated June 1, 2007, as revised, prepared
by Tiseo Architects, is hereby approved and shall be adhered
to,
6 That the brick used in the construction shall be full face four (4")
inch brick,
7 That all rooftop mechanical equipment shall be concealed from
public view on all sides by screening that shall be of a
compatible character, material and color to other exterior
materials on the building,
8 That the walls of the dumpster and transformer unit enclosures
shall be constructed out of the same brick used in the
construction of the building or in the event a poured wall is
substituted, the wall's design, texture and color shall match that
of the building and the enclosure gates shall be of steel
construction and maintained and when not in use closed at all
times,
9 That the traffic lane serving the drive-up service facility shall be
at least twelve (12) feet in width, unless this requirement is
modified by the City Council by means of a separate resolution
by which two-thirds of the members of the City Council concur;
10 That all conditions imposed under the Council resolution
approving Petition 2007-04-08-08, granting site plan approval
for the Eight Mile Place Development, shall remain in effect to
the extent that they are not in conflict with this approval,
Regular Meeting Minutes of July 2, 2007 36289
Lii That the proposed signage shall be separately submitted for
review and approval by the Planning Commission and the City
Council,
12 That no LED lightband or exposed neon shall be permitted on
this site including, but not limited to, the building or around the
windows,
13 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
14 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 the City
Council, and unless a building permit is obtained this approval
shall be null and void at the expiration of said period
On a motion by Taylor, seconded by Robinson, it was
#330-07 RESOLVED, that in connection with the approval of
Petition 2007-04-02-14 submitted by Tiseo Architects, Inc , for a waiver
use to construct and operate a drugstore with a drive-up window facility
located at 33375 Eight Mile Road, the Council does hereby waive the
requirement that the traffic lane serving the drive-up service facility
shall be at least twelve (12) feet in width as set forth in Section
10 02(e) of Zoning Ordinance No 543, as amended
A roll call vote was taken on the foregoing resolution with the following result:
AYES Meakin, Godfroid-Marecki, Robinson, Taylor, Knapp,
and McCann
NAYS None
The President declared the resolution adopted
On a motion by Taylor, seconded by Robinson, and unanimously
adopted, it was
#331-07 RESOLVED, that having considered a communication
from the City Planning Commission, dated June 4, 2007, which
transmits its resolution 05-50-2007, adopted on May 29, 2007, with
regard to Petition 2007-04-02-15, submitted by Tiseo Architects, Inc.,
Regular Meeting Minutes of July 2, 2007 36290
requesting waiver use approval to construct and operate a bank with
drive-up service facilities on property located on the south side of Eight
Mile Road, between Farmington Road and Shadyside Road (33215
and 33239 Eight Mile Road), in the Northwest 1/< of Section 3, the
Council does hereby concur in the recommendation made by the City
Planning Commission and Petition 2007-04-02-15 is hereby approved
and granted, subject to the following conditions
1 That the Schematic Site Plan marked Sheet No P1 dated June
1, 2007, as revised, prepared by Tiseo Architects, Inc., is
hereby approved and shall be adhered to,
2 That the Site Plan marked Drawing No C-02 dated June 1,
2007, as revised, prepared by Engineering Services, Inc , is
hereby approved and shall be adhered to,
3 That appropriate recordable legal instrumentation, such as a
cross parking agreement, that gives notice and outlines the
terms of how the subject property(s) would share parking, be
supplied to the City;
4 That the Landscape Plans marked Sheet No L-1 and L-2 both
dated June 1, 2007, as revised, prepared by E J Kleckner &
Associates, is hereby approved and shall be adhered to, except
that brick pavers shall be used in lieu of decorative concrete in
the construction of the plaza,
5 In regards to Branch Bank 'B' only, the Exterior Building
Elevation Plan labeled "Branch Bank 'B' and Retail 'C'
Elevations, dated June 1, 2007, as revised, prepared by Tiseo
Architects, is hereby approved and shall be adhered to,
6 That the brick used in the construction shall be full face four (4")
inch brick,
7 That all rooftop mechanical equipment shall be concealed from
public view on all sides by screening that shall be of a
compatible character, material and color to other exterior
materials on the building,
8 That the traffic lanes serving the drive-up service facilities shall
each be at least twelve (12) feet in width, unless this
16. requirement is modified by the City Council by means of a
separate resolution by which two-thirds of the members of the
City Council concur;
Regular Meeting Minutes of July 2, 2007 36291
9 That all conditions imposed under the Council resolution
approving Petition 2007-04-08-08, granting site plan approval
for the Eight Mile Place development, shall remain in effect to
the extent that they are not in conflict with this approval,
10 That only conforming signage is approved with this petition, and
any additional signage shall be separately submitted for review
and approval by the Zoning Board of Appeals,
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,
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; and
13 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
On a motion by Taylor, seconded by Godfroid-Marecki, it was
#332-07 RESOLVED, that in connection with the approval of
Petition 2007-04-02-15 submitted by Tiseo Architects, Inc. for a waiver
use to construct and operate a bank with a drive-up window facility
located at 33215 and 33239 Eight Mile Road, the Council does hereby
waive the requirement that the traffic lane serving the drive-up service
facility shall be at least twelve (12) feet in width as set forth in Section
10 02(e) of Zoning Ordinance No 543, as amended
A roll call vote was taken on the foregoing resolution with the following result:
AYES Meakin, Godfroid-Marecki, Robinson, Taylor, Knapp,
and McCann
NAYS None
The President declared the resolution adopted
On a motion by Robinson, seconded by Taylor, it was
RESOLVED, that having considered a communication from the City
Planning Commission, dated June 5, 2007, which transmits its
Regular Meeting Minutes of July 2, 2007 36292
resolution 05-23-2007, adopted on May 29, 2007, with regard to
Petition 2007-03-02-07, submitted by Stacy Services, Inc d/b/a New
Car Alternatives, requesting waiver use approval to expand the
operations of an existing automobile dealership to include the outdoor
display, sales and service of recreational vehicles on property located
on the south side of Plymouth Road, between Laurel Avenue and
Wayne Road (34715 Plymouth Road), in the Northwest 1/4 of Section
33, the Council does hereby concur in the recommendation made by
the City Planning Commission and Petition 2007-03-02-07 is hereby
approved and granted, subject to the following conditions
1 That the Site Plan marked Sheet C-1 submitted by NC
Alternatives/Stacy Services, dated January 25, 2007, is hereby
approved and shall be adhered to,
2 That the proposed new additional plant materials shown on the
above-referenced Site Plan shall be installed to the satisfaction
of the Inspection Department and thereafter permanently
maintained in a healthy condition,
3 That all landscaped areas shall be fully irrigated by means of an
automatic underground sprinkler system,
4 That the Fence Elevation Plan marked Sheet C-2 submitted by
NC Alternatives/Stacy Services, dated January 25, 2007, is
hereby approved and shall be adhered to,
5 That adequate off-street parking shall be provided which shall
be sufficient to comply with the parking requirement for
customers and employees as set forth in Section 18 38 of the
Zoning Ordinance, comprising no fewer than 37 parking spaces
located in the parking areas east and south of the building, and
which shall be double-striped, including the provision of barrier
free spaces with proper signage, marking and configuration, and
all regular spaces shall be 10 feet by 20 feet in size as required,
6 That the outdoor display of recreational equipment shall be
limited to the westerly parking area as identified and designated
on the above-referenced Site Plan, which is further defined as
the west 174 feet of the dealership site, and shall be continually
maintained in an orderly manner;
7 That there shall be no outdoor storage of dismantled, damaged
or inoperable vehicles or equipment, and no outdoor storage of
vehicles parts, scrap material and debris in connection with this
use,
Regular Meeting Minutes of July 2, 2007 36293
8 That adequate lighting, not exceeding 16 feet in height and
properly shielded so as to be deflected away from adjacent
residential property, shall be provided during the hours that the
display is closed for business,
9 For safety purposes, the parking or standing of delivery trucks
and car haulers on Laurel Avenue is strictly prohibited All
vehicles loading and unloading at this dealership shall be
accomplished on the premises only, and not within any public
right-of-way;
10 That documentation of an appropriate cross access or
easement agreement between the petitioner and the owner of
the adjoining property to the north shall be provided to the City;
otherwise, the gate leading to the property to the north shall be
eliminated,
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,
12 That all conditions imposed under Council Resolution #18203,
which previously granted waiver use approval to expand the
subject dealership facility, shall remain in effect to the extent
that they are not in conflict with the conditions of this approval,
and
13 That the specific plans referenced in this approving resolution
shall be submitted to the Inspection Department at the time of
application for the Zoning Compliance Permit.
A roll call vote was taken with the following result:
AYES Robinson, Taylor, and McCann
NAYS Meakin, Godfroid-Marecki, and Knapp.
The President declared the resolution failed due to lack of a majority vote
Petitioner Al Tanski addressed Council re Petition 2007-03-02-07 and
stated he would follow the sign ordinance and not make any deviations Mr Tanski
requested that if the matter regarding his sign was referred to a Committee, it be
looked at very quickly, as his sign is very important to his business
On a motion by Knapp, seconded, by Godfroid-Marecki, it was
Regular Meeting Minutes of July 2, 2007 36294
RESOLVED, that having considered a communication from the City
Planning Commission, dated June 5, 2007, which transmits its
resolution 05-23-2007, adopted on May 29, 2007, with regard to
Petition 2007-03-02-07, submitted by Stacy Services, Inc. d/b/a New
Car Alternatives requesting waiver use approval to expand the
operations of an existing automobile dealership to include the outdoor
display, sales and service of recreational vehicles on property located
on the south side of Plymouth Road, between Laurel Avenue and
Wayne Road (34715 Plymouth Road), in the Northwest 1/4 of Section
33, the Council does hereby concur in the recommendation made by
the City Planning Commission and Petition 2007-03-02-07 is hereby
approved and granted, subject to the following conditions
1 That the Site Plan marked Sheet C-1 submitted by NC
Alternatives/Stacy Services, dated January 25, 2007, is hereby
approved and shall be adhered to,
2 That the proposed new additional plant materials shown on the
above-referenced Site Plan shall be installed to the satisfaction
of the Inspection Department and thereafter permanently
maintained in a healthy condition,
3 That all landscaped areas shall be fully irrigated by means oT an
automatic underground sprinkler system,
4 That the Fence Elevation Plan marked Sheet C-2 submitted by
NC Alternatives/Stacy Services, dated January 25, 2007, is
hereby approved and shall be adhered to,
5 That adequate off-street parking shall be provided which shall
be sufficient to comply with the parking requirement for
customers and employees as set forth in Section 18 38 of the
Zoning Ordinance, comprising no fewer than 37 parking spaces
located in the parking areas east and south of the building, and
which shall be double-striped, including the provision of barrier
free spaces with proper signage, marking and configuration, and
all regular spaces shall be 10 feet by 20 feet in size as required,
6 That the outdoor display of recreational equipment shall be
limited to the westerly parking area as identified and designated
on the above-referenced Site Plan, which is further defined as
the west 174 feet of the dealership site, and shall be continually
maintained in an orderly manner;
7 That there shall be no outdoor storage of dismantled, damaged
or inoperable vehicles or equipment, and no outdoor storage of
Regular Meeting Minutes of July 2, 2007 36295
8 vehicles parts, scrap material and debris in connection with this
use,
That adequate lighting, not exceeding 16 feet in height and
properly shielded so as to be deflected away from adjacent
residential property, shall be provided during the hours that the
display is closed for business,
9 For safety purposes, the parking or standing of delivery trucks
and car haulers on Laurel Avenue is strictly prohibited All
vehicles loading and unloading at this dealership shall be
accomplished on the premises only, and not within any public
right-of-way;
10 That documentation of an appropriate cross access or
easement agreement between the petitioner and the owner of
the adjoining property to the north shall be provided to the City;
otherwise, the gate leading to the property to the north shall be
eliminated,
11 That the Ground Monument Sign Plan prepared by Huron Sign
Co , dated March 25, 2006, with a total sign area of 30 square
feet, is hereby approved, provided that the sign is placed at
least 10 feet from the Plymouth Road right-of-way, subject to a
variance for the electronic message component being granted
by the Zoning Board of Appeals and any conditions pertaining
thereto,
12 That the electronic sign message shall not contain any scrolling
or moving messages or graphics, shall not flash, blink, contain
animated graphics, or intermittently change, and the sign
message shall not change more than one time every 24 hours,
13 That the sign shall not be illuminated beyond one (1) hour after
this business closes,
14 That no LED lightband or exposed neon shall be permitted on
this site, including but not limited to, the building or around the
windows,
15 That all conditions imposed under Council Resolution #182-03,
which previously granted waiver use approval to expand the
subject dealership facility, shall remain in effect to the extent
that they are not in conflict with the conditions of this approval,
and
Regular Meeting Minutes of July 2, 2007 36296
15 That the specific plans referenced in this approving resolution
shall be submitted to the Inspection Department at the time of
application for the Zoning Compliance Permit.
At the direction of the Chair, as there was still obviously a split vote on
this matter, this item was moved to the July 9, 2007 Study Meeting so that the
requested electronic signage could be discussed further as an X-item
On a motion by Robinson, seconded by Knapp, and unanimously
adopted, it was
#333-07 RESOLVED, that Council does hereby refer the subject
of regulation of electronic signs to the Legislative Committee for its
report and recommendation
Knapp and Godfroid-Marecki withdrew their motions to approve the
resolution on the floor, which included electronic signage
There was no audience communication at the end of the meeting
Knapp wished a Happy Birthday to his nephew, Andrew Hall, who will
be three years old on July 5th
Meakin wished a Happy Fourth of July to everyone and cautioned
residents about the dangers of setting off fireworks in neighborhoods
McCann wished his son Trevor a Happy 20th Birthday next week and
also wished a Happy Fourth of July to everyone
On a motion by Robinson, seconded by Godfroid-Marecki, and
unanimously adopted, this 1,588th Regular Meeting of the Council of the City of
Livonia was adjourned at 8 50 p m on July 2, 2007
Val Vandersloot, City Clerk