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HomeMy WebLinkAboutCOUNCIL MINUTES 2008-09-24 36864 MINUTES OF THE ONE THOUSAND SIX HUNDRED SEVENTEENTH REGULAR MEETING OF SEPTEMBER 24, 2008 On September 24, 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 Knapp led the meeting with the invocation Roll was called with the following result: Don Knapp, Terry Godfroid- Marecki, James McCann, Joe Laura, Brian Meakin, Thomas Robinson, 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, Police Chief Robert Stevenson, Jim Inglis, Housing Director; and Mayor Jack Kirksey On a motion by Robinson, seconded by Meakin, it was #406-08 RESOLVED that the Minutes of the 1,616th Regular Meeting of the Council held September 10, 2008 are hereby approved as submitted A roll call vote was taken on the foregoing resolution with the following result: AYES Knapp, Godfroid-Marecki, McCann, Meakin, Robinson, and Toy NAYS None PRESENT Laura The President declared the resolution adopted On a motion by Godfroid-Marecki, seconded by Meakin, and unanimously adopted, it was Regular Meeting Minutes of September 24, 2008 36865 #407-08 RESOLVED, that the Council does hereby refer the subject of Linear Molding and inclusion in the Wayne County TURBO Tax Program to the Economic Development, Community Outreach and Strategic Planning Committee for its report and recommendation Mayor Kirksey addressed Council to recognize the City of Detroit has recently sworn in its new Mayor and to extend Livonia's best wishes to Detroit for the future Mayor also indicated Sheila Cockrel, Detroit City Council member, was present at tonight's meeting to address Council regarding training offered by the Institute of Local Government. Police Chief Stevenson addressed Council to explain that no sirens were activated the evening of Saturday, September 13, 2008, when a tornado made its path through the Plymouth and Livonia communities because there had been no warning issued by the National Weather Service Chief Stevenson explained that it is not feasible to predict all tornadoes and that when a warning is issued there is approximately an 18 minute time-frame which would apply to that warning In addition, Chief Stevenson provided an update on Police Officer Andy Halttunen, who was struck by a vehicle driven by a young man on the 1-96 expressway the same night as the tornado Officer Halttunen spent six days in the Intensive Care Unit at the University of Michigan Hospital in Ann Arbor but has been released from the hospital to recuperate at home Chief Stevenson offered a sincere thank you to Livonia Fire Department members for their assistance in aiding Officer Halttunen and for transporting him to U of M Hospital During Audience Communication, Sheila Cockrel, Assistant Director for Institute for Local Government and Detroit City Council member, addressed Council to inform Livonia residents and Council members about the upcoming Fall program offered by the Institute She explained the Institute is a partnership with the Michigan Municipal League and the Michigan Association of School Boards and will be offering many training courses scheduled to take place at the University of Michigan Dearborn campus Ms Cockrel indicated this provides a unique opportunity for communities and neighborhoods to work together Dwayne Roszkowski, 14139 Berwick, addressed Council to indicate he spoke at a previous Council meeting regarding his objection to the removal of stop signs in his neighborhood and the request for a Traffic Flow Study to be performed Mr Roszkowski indicated he has spoken with Joe Steele at the Traffic Commission who has been quite helpful and inquired if he should continue to discuss his concerns to the Traffic Commission William Roberts, 29723 Mason Street, addressed Council regarding the Lyndon LaRouche Political Action Committee and his previous request to have Council draft a resolution to be submitted to Congress Mr Roberts stated his disappointment that Council did not follow up with his previous recommendation and Regular Meeting Minutes of September 24, 2008 36866 expressed concern over the current financial situation and the proposed bail out by the Federal Government. Em"' Dianne Marietti, 15044 Fairway, commended Council for moving the recent Committee of the Whole meeting to the Auditorium within City Hall to accommodate the large number of guests at the meeting Thomas Haas, 30427 Minton, addressed Council to express his concern about the removal of stop signs within his neighborhood along Henry Ruff Mr Haas stated he believed cars were going as fast as 40 to 45 MPH down Henry Ruff which poses a safety issue for residents Mr Haas further inquired whether the Wal-Mart garage doors should be closed to limit the amount of noise emitted when the air tools are being utilized which he believed was a condition of the original site plan approved by Council President Toy announced there would be an "X" item discussed at the end of the meeting concerning a signage request submitted by Grandview Elementary School to announce a Mom to Mom Sale President Toy announced the following Public Hearing to be held on Monday, October 6, 2008, at the Auditorium of City Hall, 33000 Civic Center Drive, Livonia, MI, at 7 00 p m The proposed Annual Budget for the City of Livonia for the fiscal year ending November 30, 2009, and The Public Hearing required by Act 5 PA 1982, in connection with the Truth in Taxation hearing, as adopted by the City Council at the regular meeting held June 23, 2008, pursuant to Council Resolution 281-08 President Toy announced the following Public Hearing to be held on Monday, October 13, 2008, at the Auditorium of City Hall, 33000 Civic Center Drive, Livonia, MI at 700 p m Wayne M Avers, Vice President, Admiral Tool & Manufacturing Co of Michigan, requesting approval of an Industrial Facilities Exemption Certificate for the acquisition of new equipment for their facility located at 38010 Amrhein Road (IDD #77) On a motion by Meakin, seconded by Knapp, it was #408-08 RESOLVED, that having considered a letter from Mary Margaret Eckhardt, Pastor, and Kathleen Lefler, Church Life Coordinator, St. Matthew's United Methodist Church, dated September 2, 2008, which requests permission to display signs announcing their Pumpkin Patch fundraiser event to be conducted Regular Meeting Minutes of September 24, 2008 36867 from Friday, October 10 through Friday, October 31, 2008, which signs are 22" x 28" in size and will be displayed at various locations in the City, no earlier than Saturday, October 4, 2008 and removed no later than Saturday, November 1, 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 #409-08 RESOLVED, that having considered a communication from the City Clerk, dated September 5, 2008, forwarding an application submitted by Cristin Williams, 34975 Norfolk Street, Livonia, Michigan 48152, 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 #410-08 RESOLVED, that having considered a communication from the City Clerk, dated September 8, 2008, forwarding an application submitted by Robin Tyson, 135 Edgewood Dr #2, Perrysburg, Ohio 43551, 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 #411-08 RESOLVED, that having considered a communication from Catherine McCartney, President, and Margaret Cotruvo, Secretary, representing The Woods Condominium Association, dated September 2, 2008, requesting to add University Park Drive to the list for repaving in 2009, the Council does hereby determine to take no further action with regard to this matter #412-08 RESOLVED, that having considered a communication from Tony Paglione and Dan Rachwal, received in the office of the City Clerk on September 3, 2008, requesting to add an ingress and egress to southbound Newburgh Road from Bennett Street, the Council does hereby refer this matter to the Traffic Commission for its report and recommendation #413-08 RESOLVED, that having considered a communication from the Director of Community Resources, dated August 26, 2008, which bears the signature of the Director of Finance, is approved by the City Attorney and is approved for submission by the Mayor, to Regular Meeting Minutes of September 24, 2008 36868 which is attached a proposed Fiscal Year 2009 Municipal Credit Contract between SMART and the City of Livonia for the period July 1, 2008, to June 30, 2009, the Council does hereby authorize the Mayor and City Clerk to execute the Municipal Credit Contract for and on behalf of the City of Livonia for fiscal year 2009 and to do all other things necessary or incidental to the full performance of this resolution A communication from the Housing Commission, dated August 18, 2008, re Audit Report for the fiscal year ending December 31, 2007, excluding Silver Village, Newburgh Village, the CDBG Program and single family City-owned properties, was received and placed on file for the information of Council #414-08 RESOLVED, that having considered the report and recommendation of the City Engineer - Operations, dated August 28, 2008, which bears the signature of the Director of Public Works and the Director of Finance and is approved for submission by the Mayor, the Council does hereby accept the bids of Allied-Eagle Supply, 1801 Howard, Detroit, Michigan 48216, HP Products Corporation, 8652 Haggerty, Suite 200, Belleville, Michigan 48111, and Parnin Janitor Supply, 15356 Middlebelt, Livonia, Michigan 48154, for supplying the Public Service Division (Building Maintenance Section) with custodial supplies at the unit prices bid for the period September 30, 2008, through September 30, 2009, the same having been in fact the lowest bids received and meet all specifications, and an amount not to exceed $60,000 00 is hereby authorized to be expended from funds already budgeted in Account No 101-447-776-000 for this purpose #415-08 RESOLVED, that having considered the report and recommendation of the City Engineer — Operations, dated September 2, 2008, which bears the signature of the Director of Public Works and the Director of Finance and is approved for submission by the Mayor, the Council does hereby accept the bid of Southeastern Equipment Co , 48545 Grand River Ave , Novi, Michigan 48374, for supplying the Public Service Division with one (1) Case 590 SM Tier Ill Loader backhoe for a total price of $75,325 00, the same having been in fact the lowest bid received and meets all specifications, and the amount of $75,325 00 is hereby authorized to be expended from funds already budgeted in Account No 401-000-987-000 (Capital Outlay) for this purpose #416-08 RESOLVED, that having considered the report and recommendation of the City Engineer (Utilities and Engineering), dated September 4, 2008, which bears the signature of the Director of Public Regular Meeting Minutes of September 24, 2008 36869 Works, the Director of Finance and Chief of Police and is approved for submission by the Mayor, regarding a change order for additional work required at the LPD Rifle Range in connection with Phase 1 of the 2008 Parking Lot Paving Program (Contract 08-M) previously authorized in Council Resolution 298-08, adopted on July 9, 2008, the Council does hereby approve the change order as submitted and hereby authorizes an expenditure in the additional amount of $60,854 00 ($57,000 00 from Account No 265-333-975-000 — Adjudicated Forfeitures, State and Local, Capital Outlay - Buildings, and $3,854 00 from Account No 265-334-975-000 — Adjudicated Forfeitures, Federal, Capital Outlay - Buildings) to be paid to Hayball Transport, Inc , 12550 Farmington Road, Livonia, Michigan 48150, for this additional work, and the City Engineer is hereby authorized to approve minor adjustments in the work, as required #417-08 RESOLVED, that having considered the report and recommendation of the City Engineer, dated September 4, 2008, which bears the signature of the Director of Public Works, the Director of Finance and PRDA Director and is approved for submission by the Mayor, regarding a change order for additional work required to add the paving of City-owned parking lots (#1 - #4) on Plymouth Road in connection with Phase 1 of the 2008 Parking Lot Paving Program (Contract 08-M) previously authorized in Council Resolution 298-08, adopted on July 9, 2008, the Council does hereby approve the change order as submitted and hereby authorizes an expenditure in the additional amount of $72,649 50 from funds already budgeted in Account No 262-000-972-010 (Plymouth Road Development Authority Capital Outlay Land Purchase and Improvement), to be paid to Hayball Transport, Inc., 12550 Farmington Road, Livonia, Michigan 48150, for this additional work, and the City Engineer is hereby authorized to approve minor adjustments in the work, as required #418-08 RESOLVED, that having considered the report and recommendation of the City Engineer, dated September 5, 2008, which bears the signature of the Director of Finance, is approved by the Director of Public Works, is approved as to form by the City Attorney, and is approved for submission by the Mayor, to which is attached a contract between the Michigan Department of Transportation and the City of Livonia for the proposed combined project consisting of the resurfacing of Newburgh Road from 1-96 to Five Mile Road and the construction of a right turn lane at westbound Five Mile Road to northbound Newburgh Road, the Council does hereby authorize the Mayor and City Clerk, for and on behalf of the City of Livonia, to execute this agreement in the manner and form herein submitted, FURTHER, the Council does hereby appropriate and authorize an expenditure in the amount of $194,400 00 from the Unexpended Fund Regular Meeting Minutes of September 24, 2008 36870 Balance of the Michigan Transportation Fund (Major Roads) for this purpose with the understanding that the total project cost is estimated at $1,030,200 00, of which $778,200 00 will be funded by the Federal Surface Transportation Program for the resurfacing project and $57,600 00 will be funded from the Congestion Mitigation and Air Quality Fund for the addition of the new right turn lane, and the City Clerk is hereby requested to forward a certified copy of this resolution, together with the signed agreement, to the Michigan Department of Transportation and to do all other things necessary or incidental to the full performance of this resolution #419-08 RESOLVED, that having considered the report and recommendation of the City Engineer, dated September 4, 2008, 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 and control of the entire on-site storm sewer collection system as part of the development of a CVS Pharmacy at 37340 Five 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 north side of Five Mile Road, east of Newburgh Road, in the Southwest 1/4 of Section 17 (See attached maintenance agreement from the owner, CVS 8121 MI, L L C , 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 #420-08 RESOLVED, that having considered a communication from the City Planning Commission, dated September 2, 2008, which transmits its resolution 08-73-2008, adopted on August 26, 2008, with regard to Petition 2008-07-02-23, submitted by Car Pro Auto and Truck Services requesting waiver use approval to operate an automobile and truck repair facility on property located on the north side of Industrial Road between Merriman Road and Middlebelt Road (30832 Industrial Road), in the Northwest 1/4 of Section 26, which property is zoned M-1, Regular Meeting Minutes of September 24, 2008 36871 the Council does hereby concur in the recommendation made by the City Planning Commission and Petition 2008-07-02-23 is hereby approved and granted, subject to the following conditions 1 That the Site Plan submitted by Car Pro Auto and Truck Repair, received by the Planning Commission on July 22, 2008, is hereby approved and shall be adhered to, 2 That this waiver use request is approved to allow the use of not more than three (3) work stations within the subject building, 3 That no more than three (3) vehicles shall be parked outside overnight on the site in connection with this use, except that this provision for outside overnight parking shall not include dismantled, damaged, disassembled or unlicensed vehicles, 4 That there shall be no outdoor storage of auto parts, equipment, scrap material, debris, waste petroleum products or similar items generated by the subject use, 5 That the following issues as outlined in the correspondence dated August 23, 2008, from the Inspection Department shall be resolved to that department's satisfaction That the parking lot shall be repaired and/or replaced as necessary; That all regular parking spaces shall be 10' by 20' in size and double striped, That one barrier free van accessible parking space shall be provided, which shall be properly located, sized, signed and striped, That inspections and the issuance of a Zoning Compliance Permit shall be required prior to the utilization of the subject building and property for the proposed use, That the lot area, except for the front yard setback, shall be enclosed with a fence which shall be located and maintained on the boundaries of such lot area and maintained on the boundaries of such lot area as specified in Section 16 11(a)(2) of the Zoning Ordinance, unless this requirement is modified by means of a Regular Meeting Minutes of September 24, 2008 36872 separate resolution in which two-thirds of the members of the City Council concur; 6 That the tile above the overhead door at the front of the building and the concrete block rear and side walls of the building shall be painted, 7 That a fully detailed landscape plan, which shall include an underground automatic irrigation system, shall be submitted for review and approval of the Planning Commission and City Council within sixty (60) days from the date of approval of this petition, 8 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, and 9 That the plan referenced in this approving resolution shall be submitted to the Inspection Department at the time of application for Occupancy and Zoning Compliance Permits #421-08 RESOLVED, that having considered a communication from the City Planning Commission, dated August 28, 2008, which transmits its resolution 08-74-2008, adopted on August 26, 2008, with regard to Petition 2008-07-02-24, submitted by Fusco, Shaffer & Pappas, Inc requesting waiver use approval to construct an addition to the facility and increase the number of beds (Angela Hospice Home Care, Inc ), on property located on the east side of Newburgh Road, between Schoolcraft Road and Five Mile Road (14100 Newburgh Road), in the Southwest 1/4 of Section 20, which property is zoned RUF, the Council does hereby concur in the recommendation made by the City Planning Commission and Petition 2008-07-02-24 is hereby approved and granted, subject to the following conditions 1 That this facility shall house a maximum of thirty-two (32) mentally or physically handicapped persons, provided that the sixteen (16) person limitation specified in Section 5 03(f)(2) of the Zoning Ordinance is modified by means of a separate resolution in which two-thirds of the members of the City Council concur; 2 That the Site Plan marked Drawing Number L103 dated July 25, 2008, as revised, prepared by Fusco, Shaffer & Pappas, Inc., is hereby approved and shall be adhered to, Regular Meeting Minutes of September 24, 2008 36873 3 That the Landscape Plan marked Drawing Number L102 dated July 25, 2008, as revised, prepared by James C Scott and Associates, is hereby approved and shall be adhered to, 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 Plan marked Drawing Number A201 dated July 25, 2008, as revised, prepared by Fusco, Shaffer & Pappas, Inc., is hereby approved and shall be adhered to, 7 That the brick used in the construction shall be full face four (4") inch brick, 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 screen walls of the service yard and the three walls of the trash dumpster area shall be constructed out of building materials that shall complement that of the building and the enclosure gates shall be of steel construction or durable, long- lasting fiberglass and maintained and when not in use closed at all times, 10 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; 11 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; Regular Meeting Minutes of September 24, 2008 36874 12 That the owner shall provide annual reports to the Inspection Department on the maintenance and larvicide treatments completed on the stormwater detention pond, 13 That pole mounted light fixtures in the parking lot north of the hospice building shall not exceed 25 feet in height and pole mounted light fixtures in the new parking lots to the west and south of the proposed addition shall not exceed 20 feet in height, 14 That the petitioner shall correct to the Fire Department's satisfaction the stipulations contained in the correspondence dated August 8, 2008, 15 That the entrance signage, as shown on the approved elevation plan, is hereby approved and shall be adhered to, subject to the review and approval by the Zoning Board of Appeals, and, 16 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 #422-08 RESOLVED, that having considered a communication from the City Planning Commission, dated August 28, 2008, which transmits its resolution 08-74-2008, adopted on August 26, 2008, with regard to Petition 2008-07-02-24, submitted by Fusco, Shaffer & Pappas, Inc requesting waiver use approval to construct an addition to the facility and increase the number of beds (Angela Hospice Home Care, Inc ), on property located on the east side of Newburgh Road, between Schoolcraft Road and Five Mile Road (14100 Newburgh Road), in the Southwest 1/4 of Section 20, which property is zoned RUF, the Council does hereby waive the sixteen (16) person limitation requirement set forth in Section 5 03(f)(2) of Zoning Ordinance 543, as amended A roll call vote was taken on the foregoing resolutions with the following result. AYES Knapp, Godfroid-Marecki, McCann, Laura, Meakin, Robinson, and Toy NAYS None REVISED Regular Meeting Minutes of September 24, 2008 36875 A communication from Wayne County Executive Robert A. Ficano, dated July 5, 2006, re uniform real estate signage between municipalities, was received and placed on file for the information of the Council On a motion by McCann, seconded by Knapp, and unanimously adopted, it was #423-08 RESOLVED, that having considered the report and recommendation of the Legislative Affairs Committee, dated September 16, 2008, submitted pursuant to Council Resolution 428- 04, in connection with the review of the Sign Ordinance as it pertains to signs advertising non-profit activities, open houses, etc., in the rights- of-way, the Council does hereby refer this matter to the Administration for its report and recommendation On a motion by McCann, seconded by Godfroid-Marecki, and unanimously adopted, it was #424-08 RESOLVED, that having considered the report and recommendation of the Legislative Affairs Committee, dated September 16, 2008, submitted pursuant to Council Resolution 252- 07, in connection with the subject of signs in public rights-of-way, the Council does hereby determine to take no further action with regard to this matter On a motion by McCann, seconded by Knapp, and unanimously adopted, it was #425-08 RESOLVED, that having considered the report and recommendation of the Legislative Affairs Committee, dated September 16, 2008, submitted pursuant to Council Resolution 146- 07, in connection with the subject of temporary pole signs (including size and standards), the Council does hereby refer this matter to the Administration for its report and recommendation On a motion by McCann, seconded by Godfroid-Marecki, and unanimously adopted, it was #426-08 RESOLVED, that having considered the report and recommendation of the Legislative Affairs Committee, dated Regular Meeting Minutes of September 24, 2008 36876 September 16, 2008, submitted pursuant to Council Resolution 333- 07, in connection with the subject of the regulation of electronic signs, the Council does hereby refer this matter to the Administration for its report and recommendation A communication from the Department of Law, dated September 23, 2008, re revised Livonia Marketplace Planned General Development Agreement, was received and placed on file for the information of the Council (CR 348-08) A communication from Livonia Phoenix, L L C , dated September 11, 2008, re revised Brownfield Plan for the former Livonia Mall, was received and placed on file for the information of the Council (CR 348-08) A communication entitled "Potential Green Benchmarks for Redevelopments and Livonia Marketplace Green Features", dated September 16, 2008, re Brownfield Plan for the former Livonia Mall, was received and placed on file for the information of the Council (CR 348-08) A communication containing a Legislative Brief from the Michigan Municipal League titled "Economic Development: Why Abatements and Tax Increment Financing Create Jobs at the Local Level", dated September 16, 2008, re Brownfield Plan for the former Livonia Mall, was received and placed on file for the information of the Council (CR 348-08) A communication containing the Summary of the Brownfield Redevelopment Financing Act, Public Act 381 of 1996 from the State of Michigan website, dated September 16, 2008, re Brownfield Plan for the former Livonia Mall, was received and placed on file for the information of the Council (CR 348-08) On a motion by McCann, seconded by Knapp, and unanimously adopted, it was Regular Meeting Minutes of September 24, 2008 36877 #427-08 WHEREAS, the City Council of the City of Livonia (the "City Council") has received and reviewed testimony that there are or may be certain environmentally distressed areas in City of Livonia and that the continued existence of such areas can limit, hinder or delay the redevelopment or revitalization of identifiable zones within the City, and, accordingly, that it is in the best interest of the public to facilitate the implementation of plans relating to the identification and treatment of environmentally distressed areas so as to promote revitalization within the City of Livonia, and WHEREAS, in order to further such interests, it is appropriate for the City Council to create and provide for the operation of a Brownfield Redevelopment Authority within the City of Livonia pursuant to and in accordance with the provisions of the Brownfield Redevelopment Authority Act, being Act 381 of the Public Acts of the State of Michigan of 1996, as amended (the "Act"), and WHEREAS, pursuant to the Act, this City Council is required (a) to hold a public hearing on the adoption of a proposed resolution creating a Brownfield Redevelopment Authority under the Act (the "Authority"), and (b) to publish notice of the public hearing in a newspaper of general circulation in City of Livonia, all in accordance with Section 4(2) of the Act. NOW, THEREFORE, BE IT RESOLVED THAT 1 The City Council hereby determines that is in the best interests of the public to promote the redevelopment of environmentally distressed areas of the City, and in order to do so to facilitate the implementation of Brownfield plans relating to the designation and treatment of environmentally distressed areas within Brownfield redevelopment zones 2 The City Council hereby declares its intention to create and provide for the operation of the Authority within City of Livonia pursuant to and in accordance with the provisions of the Act. 3 A public hearing shall be held before the City Council on Monday, November 10, 2008, at 7 00 p m in the City Hall located at 33000 Civic Center Drive, Livonia, Michigan 48154, on the adoption of a resolution creating the L. 4 Authority within City of Livonia The City Clerk of City of Livonia (the "City Clerk") shall give notice to the public of the public hearing by causing Regular Meeting Minutes of September 24, 2008 36878 notice to be published, in the form attached hereto as Exhibit A, in the Livonia Observer, a bi-weekly newspaper of general circulation in City of Livonia on October 12, 2008, and October 19, 2008, and by posting notice of the public hearing, in the form attached hereto as Exhibit B, pursuant to the practice of the City Clerk. Pamela Trottier, 20374 Osmus, addressed Council to inquire about tax incentives offered to companies under the proposed Brownfield Redevelopment Plan and the former Livonia Mall property (CR 348-08) A communication from Matt Kornmeier, Director of Property Management, ANK Enterprises, Inc , dated September 22, 2008, re waiver use petition submitted by Novi Café, was received and placed on file for the information of the Council (Petition 2008-05-02-14, CR 328-08) On a motion by Laura, seconded by Meakin, it was #428-08 RESOLVED, that having considered the report and recommendation of the Committee of the Whole, dated September 17, 2008, submitted pursuant to Council Resolution 328-08, in connection with a communication from the City Planning Commission, dated June 13, 2008, which transmits its resolution 06-40-2008, adopted on June 10, 2008, with regard to Petition 2008-05-02-14, submitted by Novi Café, Inc , requesting waiver use approval to operate a full service restaurant on property located on the south side of Five Mile Road, between Middlebelt Road and Beatrice Avenue (29447 Five Mile Road), in the Northeast 1/4 of Section 23, which property is zoned C-2, the Council does hereby concur in the recommendation made by the City Planning Commission and Petition 2008-05-02-14 is hereby approved and granted, subject to the following conditions 1 That the customer seating provided in connection with the subject use shall be in accordance with the General Floor Plan prepared by T E S Consultants, P C , dated April 7, 2008, 2 That the following issues as listed in the correspondence dated May 28, 2008, from the Inspection Department shall be resolved to that department's satisfaction This space must meet all current barrier free codes including front and rear entry doors, Regular Meeting Minutes of September 24, 2008 36879 Rear exit required to code (not through a kitchen or other room) Other conditions will apply for a two exit space, 3 That only conforming signage is approved with this petition, and any additional signage shall be submitted for review and approval by the Planning Commission and City Council, 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, 5 The waiver use approval granted herein shall be deemed null and void in the event that the owner of the restaurant or any employee thereof is convicted of selling or furnishing tobacco to a minor under eighteen (18) years of age within the restaurant, or a minor under eighteen (18) years of age is convicted of use of tobacco within the restaurant or possession of tobacco purchased from the restaurant; and 6 That the specific plan 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 Godfroid-Marecki, Laura, Meakin, and Toy NAYS Knapp, McCann, and Robinson The President declared the resolution adopted Kenny Shukeiv, 44325 W 12 Mile Road, Novi, representative of Novi Café, Inc., was present at the meeting to answer any questions of Council A communication from Atwell-Hicks Development Consultants, dated September 19, 2008, containing revised Site and Building Plans for waiver use petition submitted by Livonia Phoenix, L L C , was received and placed on file for the information of the Council (Petition 2008-06-02-20, CR 378-08) A communication from the Mayor, dated September 19, 2008, re Police and Fire reports on the proposed removal of the western driveway onto St. Regular Meeting Minutes of September 24, 2008 36880 Martins Avenue for proposed development by Livonia Phoenix, L L C , was received amp and placed on file for the information of the Council (Petition 2008-06-02-20, CR 378-08) A communication from Atwell-Hicks Development Consultants, dated September 10, 2008, containing revised Site and Building Plans for waiver use petition submitted by Livonia Phoenix, L L C , was received and placed on file for the information of the Council (Petition 2008-06-02-20, CR 378-08) A communication from Livonia Phoenix, L L C , dated September 11, 2008, re proposed Development Agreement between the City and Livonia Phoenix, L L C , was received and placed on file for the information of the Council (Petition 2008-06-02-20, CR 378-08) A communication containing a petition signed by numerous residents and patrons of the Seven Mile and Middlebelt Road area, submitted on September 17, 2008, re waiver use petition as submitted by Livonia Phoenix, L L C , was receive and placed on file for the information of the Council (Petition 2008-06-02- 20' CR 378-08) On a motion by Robinson, seconded by Godfroid-Marecki, it was #429-08 RESOLVED, that having considered the report and recommendation of the Committee of the Whole, dated September 17, 2008, submitted pursuant to Council Resolution 378-08, in connection with a communication from the City Planning Commission, dated August 4, 2008, which transmits its resolution 07-62-2008, adopted on July 22, 2008, with regard to Petition 2008-06-02-20, submitted by Livonia Phoenix, L L C , requesting waiver use approval for a Planned General Development consisting of a total of approximately 320,180 square feet of retail building area (Livonia Marketplace) on property located on the north side of Seven Mile Road, between Middlebelt Road and Purlingbrook Avenue (29514 Seven Mile Road), in the Southwest 1/4 of Section 2, which property is zoned C-2 and P, the Regular Meeting Minutes of September 24, 2008 36881 Council does hereby concur in the recommendation made by the City Planning Commission and Petition 2008-06-02-20 is hereby approved and granted, subject to the following conditions 1 That the Overall Layout Plan marked Sheet SP-3 0 prepared by Atwell-Hicks, dated September 19, 2008, is hereby approved, 2 That the Detailed Layout Plan (North Area) marked Sheet SP- 3 1 prepared by Atwell Hicks, dated September 19, 2008, is hereby approved and shall be adhered to, 3 That the Detailed Layout Plan (South Area) marked Sheet SP- 3 2 prepared by Atwell-Hicks, dated September 19, 2008, is hereby approved and shall be adhered to, 4 That the six (6) Landscape Plans marked Sheets SP-9 0 through SP-9 5 prepared by Atwell-Hicks, all dated September 19, 2008, are hereby approved, in concept, and all details related to those plans shall be submitted for review and shall be adhered to, subject to the following stipulations With the exception of the storm water management basins, 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, 5 That the Generic Building Elevations Plan marked AR-3 prepared by Rogvoy Architects, dated July 21, 2008, is hereby approved and shall be adhered to, 6 That the Building "B" Conceptual Building Elevations Plan marked AR-5 prepared by Rogvoy Architects, dated September 19, 2008, is hereby approved including the specific building plans for Building B, the improvements to the west side of Sears shall be adhered to Specific building plans for buildable areas "A" and Jo-Ann Fabrics shall come back for the Planning Commission's review prior to their construction, 7 That masonry used in the construction of the buildings shall be as specified and depicted on the Approved Plans, and specifically any brick shall be full face four inch brick, Regular Meeting Minutes of September 24, 2008 36882 8 That all regular parking spaces shall be 10 feet by 20 feet in size and the required number of handicapped spaces shall be properly located, sized and signed, 9 That all parking spaces shall be double striped, 10 That this approval is subject to the petitioner being granted any needed variances from the Zoning Board of Appeals, 11 That all pole mounted light fixtures shall be shielded to minimize glare trespassing on adjacent properties and roadway, and such equipment shall not exceed a height of 35 feet within the parking lot areas north of buildable areas "C" and "D", and shall not exceed 20 feet in height above grade in the parking lot areas south of the main east-west drive that runs near the center of the property; 12 That all 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, 13 That the three walls of the trash dumpster area shall be constructed out of the same brick used in the construction of the building or in the event a poured wall is substituted, the wall's design, texture and color shall match that of the building, and the enclosure gates shall be of steel or reinforced fiberglass construction and maintained and when not in use closed at all times, 14 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; 15 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; 16 That the owner shall provide annual reports to the Inspection Department on the maintenance and larvicide treatments completed on the stormwater detention pond, Regular Meeting Minutes of September 24, 2008 36883 17 That this approval shall incorporate the recommendation of the Engineering Division stated in the correspondence dated July 1, 2008, regarding the location of Building "A", 18 That the petitioner shall comply with the stipulations listed in the correspondence dated July 8, 2008, from the Livonia Fire and Rescue Division, 19 That only conforming signage in accordance with sign regulations for a Regional Shopping center as set forth in Section 18 50H(c) of the Zoning Ordinance is approved with this petition, and any additional signage shall be separately submitted for review by the Planning Commission and approved by the City Council and Zoning Board of Appeals, if necessary; 20 That no LED lightband or exposed neon shall be permitted on this site including, but not limited to, the building or around the windows, 21 That the nearest twenty-five (25) feet to the property line within the required yard area of the shopping center shall be maintained in landscaping and no parking or vehicular access shall be permitted in such landscaped area, as specified in Section 20 04(e)(2) for instances where residential districts adjoin the shopping center without an intervening street, unless this requirement is waived or modified by the City Council by means of a separate resolution in which two-thirds of the members of the City Council concur; 22 That in accordance with the Overall Layout Plan dated September 19, 2008, as revised, the westernmost drive to St. Martins Avenue has been removed, and the existing berm and mature pine trees where the road was shown shall remain undisturbed, 23 That the hours of operation of any big box retail facility on the property shall not exceed eighteen (18) hours, 24 That no overnight RV parking shall be permitted on the property; 25 That no idling of delivery trucks shall be permitted on the property between 1000 p m and 7.00 a m , 26 That this approval is subject to approval of a Development Agreement between the City of Livonia and Livonia Phoenix, L L.0 , Regular Meeting Minutes of September 24, 2008 36884 27 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 28 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 resolution with the following result: AYES Knapp, Godfroid-Marecki, McCann, Meakin, and Robinson NAYS Laura and Toy The President declared the resolution adopted Pamela Trottier, 20374 Osmus, addressed Council to inquire whether a Brownfield Redevelopment Plan for the proposed redevelopment of the former Livonia Mall property would provide tax abatements for the developer of this site and the implications of same (Petition 2008-06-02-20) Claudia Stanton, 19658 Melvin, addressed Council to express her concern regarding clean-up measurers by the developer for the former Livonia Mall property (Petition 2008-06-02-20) David Slaton, 18328 Fremont, addressed Council to inquire re traffic measures concerning commercial traffic as it relates to the redevelopment of the former Livonia Mall property (Petition 2008-06-02-20) Kathy O'Connell, 29537 Pickford, addressed Council to inquire the status of the former Farmer Jack property and other businesses along the Middlebelt corridor and the surrounding area of the former Livonia Mall property (Petition 2008-06-02-20) Doretta Priebe, 9997 Hillcrest, addressed Council to express her concern re the hours of operation of any retail businesses that go in the former Livonia Mall property and how it applies to future businesses that may go in at that particular site (Petition 2008-06-02-20) Godfroid-Marecki gave first reading to the following Ordinance Regular Meeting Minutes of September 24, 2008 36885 AN ORDINANCE AMENDING SECTION 18 64 OF ARTICLE XVIII OF ORDINANCE NO 543, AS AMENDED, KNOWN AND CITED AS "THE CITY OF LIVONIA ZONING ORDINANCE" The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in the Office of the City Clerk and is the same as if word for word repeated herein The above Ordinance was placed on the table for consideration at an upcoming regular meeting On a motion by Robinson, seconded by Meakin, it was #430-08 RESOLVED, that having considered a communication from Donna Nelson, dated August 29, 2008, requesting to change the RUF district zoning requirements to allow property owners of under one-half acre to be allowed to raise and keep up to six hens, the Council does hereby determine to take no further action with regard to this matter A roll call vote was taken on the foregoing resolution with the following result: AYES Knapp, Godfroid-Marecki, McCann, Laura, Meakin, and Robinson NAYS Toy The President declared the resolution adopted A communication from the Law Department, dated September 22, 2008, re number of cell towers located on City-owned property and revenues received from each, 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 #431-08 RESOLVED, that having considered a communication from Leland Calloway, FMHC Corporation, on behalf of Verizon Wireless, dated June 26, 2008, requesting approval of a proposed wireless communications facility at Idyl Wyld Golf Course, the Council Regular Meeting Minutes of September 24, 2008 36886 does hereby refer this matter to the Cell Tower Committee for its report and recommendation Rob LaBelle, 32543 Camborne, Attorney for Verizon Wireless, addressed Council to request action be taken to approve this matter and to answer any questions of Council concerning the request submitted by FMHC Corporation A communication from the Housing Commission, dated September 16, 2008, re the proposed geo-thermal heating/cooling system for the renovations of the Housing Commission administrative offices located at 10800 Farmington Road, was received and placed on file for the information of the Council (CR 533-07) On a motion by Robinson, seconded by Laura, and unanimously adopted, it was #432-08 RESOLVED, that having considered the report and recommendation of the Director of the Housing Commission, dated August 25, 2008, which bears the signature of the Director of Finance and is approved for submission by the Mayor, the Council does hereby refer the issue of the interior and exterior renovation of the City-owned building located at 10800 Farmington Road for the Housing Commission administration offices to the Committee of the Whole for its report and recommendation Meakin stepped down from the podium at 10 00 p m to avoid a perceived conflict of interest. On a motion by Godfroid-Marecki, seconded by Laura, it was #433-08 RESOLVED, that having considered a communication from the City Planning Commission, dated August 27, 2008, which transmits its resolution 08-70-2008, adopted on August 26, 2008, with regard to Petition 2006-05-02-12, submitted by Paradocs, LLC on behalf of Doc's Sports Retreat, requesting waiver use approval to amend the plans previously approved in Council Resolution 428-06, adopted on August 30, 2006, to enclose the outdoor patio and increase the seating capacity of year-round interior seats of the existing full service restaurant on property located on the west side of Victor Parkway, between Seven Mile Road and Pembroke Street (19265 Victor Parkway), in the Southeast 1/4 of Section 6, which property is zoned C-2, the Council does hereby concur in the recommendation of Regular Meeting Minutes of September 24, 2008 36887 the Planning Commission and Petition 2006-05-02-12 is hereby approved and granted, subject to the following conditions 1 That the Site Plan marked Sheet SP-1 prepared by Kobeissi Associates, Inc., dated December 15, 2006, is hereby approved and shall be adhered to, 2 That the Deck Enclosure Floor Plan marked Sheet A-101 prepared by Kobeissi Associates, Inc , dated December 15, 2006, is hereby approved and shall be adhered to, 3 That the Ceiling Plan, Roof Plan and Enclosed Deck Front Elevation Plan marked Sheet A-102 prepared by Kobeissi Associates, Inc., dated December 15, 2006, is hereby approved and shall be adhered to, 4 That the maximum number of customer seats in the restaurant shall not exceed 390 seats, 5 That the petitioner shall comply with the stipulation in the correspondence dated August 12, 2008, from the Inspection Department; 6 That all conditions imposed by Council Resolution #428-06, which granted waiver use approval to construct the deck addition to the subject restaurant, shall remain in effect to the extent that they are not in conflict with this approval, and 7 That the specific plans referenced in this approving resolution shall be submitted to the Inspection Department at the time of application for the building permits A roll call vote was taken on the foregoing resolution with the following result: AYES Knapp, Godfroid-Marecki, McCann, Laura, Robinson, and Toy NAYS None The President declared the resolution adopted Gerald Taylor, 36734 Sunnydale, was present at the meeting to answer any questions of Council (Petition 2006-05-02-12) Meakin returned to the podium at 10 07 p m Regular Meeting Minutes of September 24, 2008 36888 On a motion by Godfroid-Marecki, seconded by Knapp, and unanimously adopted, it was #434-08 RESOLVED, that having considered a communication from the City Planning Commission, dated June 12, 2008, which sets forth its resolution 06-38-2008 adopted on June 10, 2008, with regard to Petition 2008-05-01-02, submitted by Greenland Limited Partnership, for a change of zoning of property located at 16325 through 16349 Middlebelt Road within the Greenland Plaza Shopping Center, located on the west side of Middlebelt Road between Greenland Avenue and Munger Avenue in the Northeast 1/4 of Section 14 from C-1 to C-2, and the Council having conducted a public hearing with regard to this matter on September 3, 2008, the Council does hereby approve Petition 2008-05-01-02 as modified to change the zoning classification for the area marked for resale shop only to C-2, for preparation of the Ordinance for submission to council, and the City Planner is hereby instructed to cause the necessary map for publication to be prepared indicating the zoning change herein approved and to furnish the same to the Department of Law and, upon receipt of such map, the Department of Law is requested to prepare an Ordinance amending Ordinance No 543, as amended, in accordance with this resolution Robert Helber, 1850 Encore Lane, thanked Council for their support in approving the rezoning of the property at 16349 Middlebelt Road (Petition 2008-05-01-02) On a motion by Knapp, seconded by Meakin, and unanimously adopted, it was #435-08 RESOLVED, that the Council does hereby suspend their rules for procedure as outlined in Council Resolution 574-82 so as to permit consideration of items that do not appear on the Agenda On a motion by Knapp, seconded by Godfroid-Marecki, and unanimously adopted, it was #436-08 RESOLVED, that having considered a letter from Pamela S Trotter, Co-President, Friends of Grandview, dated September 22, 2008, which requests permission to display signs announcing their Mom to Mom Sale to be conducted at Grandview Elementary School on Saturday, October 4, 2008, which signs are 24" x 18" in size and will be displayed at various locations in the City, no earlier than Sunday, September 28, 2008, and removed no later than Regular Meeting Minutes of September 24, 2008 36889 Saturday, October 4, 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 Pamela Trottier, 20374 Osmus, Co-President of Friends of Grandview, was present at the meeting to answer any Questions of the Council During Audience Communication, Dianne Marietti, 15044 Fairway, addressed Council to indicate the "Save Our Youth Task Force" website offers 10% discount coupons to local area restaurants which are valid through September 27, 2008 Knapp wished his brother Craig a Happy Birthday and indicated his brother celebrated his birthday yesterday, September 23rd On a motion by Meakin, seconded by Godfroid-Marecki, and unanimously adopted, this l,617" Regular Meeting of the Council of the City of Livonia was adjourned at 10 15 p m A . ASA Afi.LAIril Linda Grimsby, City Clerk d"