HomeMy WebLinkAboutCOUNCIL MINUTES 2008-02-27 36617
MINUTES OF THE ONE THOUSAND SIX HUNDRED THIRD
REGULAR MEETING OF FEBRUARY 27, 2008
On February 27, 2008, the above meeting was held at the City Hall,
33000 Civic Center Drive, Livonia, Michigan and was called to order by the
President of the Council at 8 00 p m Councilman Meakin introduc!d Cub Scout
Pack 1640 from Kennedy Elementary School, who led the meeting with the Pledge
of Allegiance
Roll was called with the following result: Brian Meakin, Thomas
Robinson, Don Knapp, Terry Godfroid-Marecki, James McCann, Joe Laura, and
Laura Toy Absent. None
Elected and appointed officials present. Sean Kavanagh, City Attorney;
Kevin Roney, City Engineer (Utilities & Engineering), Karen Tesner, Director of
Legislative Affairs, Mark Taormina, City Planner; Linda Grimsby, City Clerk, Karen
Kapchonick, Superintendent of Parks & Recreation, and Mayor Jack Kirksey
On a motion by Knapp, seconded by Robinson, and unanimously
adopted, it was
#62-08 RESOLVED that the Minutes of the 1602nd Regular
Meeting of the Council held February 13, 2008 are hereby approved as
submitted
Stacey Dogonski, 11181 Haller Street, President, Cleveland
Elementary PTA, was present at the meeting requesting permission to display signs
for an upcoming Mom 2 Mom Sale to be held on Saturday, March 8, 2008, at
Cleveland Elementary School
On a motion by McCann, seconded by Laura, and unanimously
adopted, it was
Regular Meeting Minutes of February 27, 2008 36618
#63-08 RESOLVED, that having considered a letter from Stacey
Dogonski, President, Cleveland Elementary PTA, dated February 26,
2008, which requests permission to display signs announcing their
fur Mom 2 Mom Sale, to be conducted at Cleveland Elementary School
on Saturday, March 8, 2008, which signs are to be 18" x 24" in size
and which will be displayed at various locations in the City, no earlier
than Saturday, March 1, 2008, and removed no later than Saturday,
March 8, 2008, the Council does hereby grant and approve this
request in the manner and form herein submitted, with the
understanding that the City is not responsible should the signs be
removed by Wayne County
Mayor Kirksey addressed Council and reminded everyone about the
Town Hall Meeting scheduled for February 28, 2008, at 6 30 p m , to take place in
the City Hall Auditorium, with representatives from DTE Energy The purpose of the
Town Hall Meeting is to address the frequent power outages in the Coventry
Gardens and Burton Hollow subdivisions The Mayor stated that although DTE
Energy representatives will report on possible remedies for the inordinate number of
power outages incurred in these particular subdivisions, all Livonia residents are
welcome to attend the Town Hall Meeting
Mayor Kirksey also reminded everyone that the State of the City
Address will take place on March 11, 2008, at 11 30 a m at Laurel Manor The
Mayor looks forward to sharing good news with everyone and indicated tickets are
available by contacting the Mayor's Office or the Chamber of Commerce
Mayor Kirksey concluded by informing the public that the City will only
perform snow removal when the amount of snowfall reaches or exceeds four inches
of snow This policy was predicated on the fact that each time the City plows, 440
miles of City streets are plowed at an estimated cost of $80,000-$90,000 per snow
run The Mayor commended the Department of Public Works and the City's sub-
contractors for a job well done Further, the Mayor reported that during last night's
snow emergency, 110 tickets were issued to parked vehicles left on City streets
When a snow emergency is called by the City, it is posted on various media outlets
including the City's website, the City Channel 8, and other means. Due to the recent
increase in salt prices, Mayor Kirksey stated the City is looking at possible salt
replacements and to locate additional suppliers to meet the City's salt needs during
the winter season
McCann thanked the Mayor for pointing out the snow emergency
matter and made a point that the City plows are operated by City employees, many
of whom have already worked their scheduled eight hour shifts for the City in their
usual capacities, and then proceed to work a 12 hour shift driving the snow plows to
clear the City streets McCann applauded the City employees for doing a great job
Regular Meeting Minutes of February 27, 2008 36619
A communication from the Engineering Division, dated February 25,
2008, re. sample of notice and brochure mailed to residents with respect to yearly
Sidewalk Repair Programs, was received and placed on file for the information of the
Council
On a motion by Knapp, seconded by Godfroid-Marecki, and
unanimously adopted, it was
#64-08 RESOLVED, that having considered a letter from Jodi
Goodman, representing T H E Friends of Literacy, dated February 1,
2008, which requests permission to display signs announcing
Bookstock, their annual used book and media sale, to be conducted at
Laurel Park Place Mall from Sunday, April 6, 2008, through Sunday,
April 13, 2008, which signs are to be 18" x 24" in size and which will be
displayed at various locations in the City, no earlier than Friday, April 4,
2008, and removed no later than Monday, April 14, 2008, the Council
does hereby grant and approve this request in the manner and form
herein submitted, with the understanding that the City is not
responsible should the signs be removed by Wayne County
#65-08 RESOLVED, that having considered a letter from
Catherine Anderson, MOPS Sale Team Member, St. Edith and St.
Kenneth Parishes, dated January 25, 2008, which requests permission
to display approximately 78 signs announcing their Mom-to-Mom Sale
to be conducted at St. Edith's Church on Saturday, March 29, 2008,
which signs are to be 23"x 14" in size and which will be displayed at
various locations in the City, and 1 sign 2' x 3' in size to be displayed in
front of the Church, no earlier than Saturday, March 22, 2008, and
removed no later than Saturday, March 29, 2008, the Council does
hereby grant and approve this request in the manner and form herein
submitted, with the understanding that the City is not responsible
should the signs be removed
#66-08 RESOLVED, that having considered a letter from Martha
S Saum, Agent for On The Pond Condominium Association, dated
February 6, 2008, wherein it is requested that Council Resolution 12-
08 be amended to include the entire community in renaming a private
road in the On the Pond Condominium Complex to Pondview Circle
from an Eight Mile Road designation, the Council does hereby amend
and revise Council Resolution 12-08 so as to read as follows
Regular Meeting Minutes of February 27, 2008 36620
RESOLVED, that having considered a report and recommendation
from the Mayor, dated December 21, 2007, pursuant to Council
Resolution No 375-07, relative to a request to rename a private road
in the On the Pond Condominium Complex from an Eight Mile Road
designation, the Council does hereby approve this request and,
effective May 1, 2008, the private road that runs through the entire On
the Pond Condominium Complex shall be designated as Pondview
Circle, FURTHER, the Council does hereby request that the
Department of Publio Works take all necessary action to effectuate this
resolution, FURTHER, the Council does hereby request that the City
Clerk forward a certified copy of the same to the Michigan Department
of Treasury, to the 911 Communication System Operator, and to
further have a certified copy of this resolution recorded in the Office of
the Wayne County Register of Deeds, together with a certificate
indicating the name or names of any plat, subdivision or addition
affected by this resolution, as well as do all other things necessary or
incidental to the full performance of this resolution
#67-08 RESOLVED, that having considered the report and
recommendation of the Director of the Housing Commission, dated
February 5, 2008, which bears the signature of the Director of Finance
and is approved for submission by the Mayor, and to which is attached
a report containing an explanation of the 2008-2009 Community
Development Block Grant (CDBG) Program and Budget, the Council
does hereby take this means to indicate its informal approval of the
proposed program and tentative budget and does further authorize the
Housing Commission to conduct a second public hearing on this
matter for public comment and to thereafter prepare a final program
and budget for submission to the City Council
#68-08 RESOLVED, that having considered a communication
from the Superintendent of Parks and Recreation, dated February 8,
2008, which bears the signature of the Director of Finance and is
approved for submission by the Mayor, the Council does hereby
accept the unit price bids of the following companies for supplying the
Parks and Recreation Department with clothing for the 2008 fiscal year
as indicated on the attachment to the aforesaid communication, the
same having been the lowest bids submitted for each item listed and
meet all specifications
1 All American Embroidery, Ms Sandeep Narang, 31600
Plymouth Rd , Livonia, Ml 48150
Item No. Size 5A0mount
1 Ad S-Xlg
Regular Meeting Minutes of February 27, 2008 36621
5 Yth & Ad S-Xlg $2.30 & $2 50
12 Ad S-Xlg $10 00
2 American Silkscreen & Embroidery, Mr Todd Lamb, 24601
Hallwood Court, Farmington Hills, MI 48335
Item No. Size Amount
2 Ad S-Xlg & 2XIg $8.20 & 10.20
3 Monroe Sports Varsity Athletic, Mr Jerry Angel, 1307 W
Seventh St., Monroe, MI 48161
Item No. Size Amount
3 Ad S-Xlg $2 50
6 Yth & AdS-XIg & 2XIg $250 & $250 & 250
7 Yth & Ad $300 & $300
8 Ad S-XIg & 2 Xlg & 3 XIg $5.20 & $6.20 & 7.20
13 Ad S-Xlg & 2 Xlg $5 00 & $6 00
14 Ad S-XIg & 2 XIg $210 & $310
15A Yth & Ad S-Xlg $2 10 & $2 10
15B Ad S-XIg $2.50*
16 Ad S-Xlg $1 60
19A Ad S-XIg $18 00
19B Ad S-XIg $19 00
* Lowest bidder when total quantity of shirts is multiplied by prices
4 Screened Images, Mr Jeff Christiansen, 42020 Koppernick Rd ,
Suite 205, Canton, Ml 48187
Item No. Size Amount
4 Ad S-XIg $6 50
9 Ad S-Xlg & 2 Xlg & 3 Xlg $2 10 & $2 10 & $2 10
10 Ad S-XIg $4 15
11 Ad S-Xlg $6 50
17 Yth & Ad S-Xlg & 2 XIg $4 35 & $4 35 & $5 35
18 Yth & Ad S-Xlg $2 10 & $2 10
FURTHER, the Council does hereby authorize such purchases from
funds already budgeted in the Department of Parks and Recreation
and Community Center Account Nos 208-755-768-000, 101-717-764-
000, 101-711-766-000, 101-707-764-000 and 208-755-776-040 for this
purpose
Regular Meeting Minutes of February 27, 2008 36622
#69-08 RESOLVED, that having considered a communication
from the City Engineer, dated February 4, 2008, approved by the
Director of Public Works and approved for submission by the Mayor, to
which is attached a list of sidewalks requiring installation or
replacement within miscellaneous locations throughout the City of
Livonia, said list being included herein by reference, and for the
reasons stated, the Council does hereby require the respective owners
of lots and premises referred to in said list to install or to remove and
replace sidewalk to such premises, and the CO Clerk is hereby
requested to do all things necessary to carry out the provisions of this
resolution which is made pursuant to Title 12, Section 340 of the
Livonia Code of Ordinances, as amended, FURTHER, said notice shall
set forth that the respective owners of lots and premises herein
referred to shall complete said sidewalk work no later than June 1,
2008, after which date the Engineering Division shall arrange for the
construction and/or reconstruction of the said sidewalks, FURTHER,
the Council does hereby authorize the construction and/or
reconstruction of various sections or sidewalks and crosswalks at
several locations within the City inasmuch as the same are the City's
responsibility
#70-08 RESOLVED, that having considered a communication
dated February 6, 2008, from the City Planning Commission, which
transmits its resolution 02-06-2008 adopted on February 5, 2008, with
regard to Petition 2008-01-02-01, submitted by Raaga International,
L L C requesting waiver use approval to utilize a Class C Liquor
License in connection with a full service restaurant (Haandi) located on
the north side of Six Mile Road, between Newburgh Road and
Fitzgerald Avenue (37116 Six Mile), in the Southwest 1/4 of Section 8,
which property is zoned C-2, the Council does hereby concur in the
recommendation made by the City Planning Commission and Petition
2008-01-02-01 is hereby approved and granted, subject to the
following conditions.
1 That only conforming signage is approved with this petition, and
any additional signage shall be submitted for review and
approved by the Planning Commission and City Council,
2 That no LED lightband or exposed neon shall be permitted on
the site including, but not limited to, the building or around the
windows, and
3 That all conditions imposed by Council Resolution 272-06,
which granted waiver use approval for the expansion of the
restaurant use at this location under Petition 2006-04-02-08,
Regular Meeting Minutes of February 27, 2008 36623
shall remain in effect to the extent that they are not in conflict
with this approval
FURTHER, the Council hereby waives the 1,000 foot separation
requirement as set forth in Section 11 03(h) of the Zoning Ordinance,
as amended, FURTHER, this approval is subject to submission of a
Conditional Agreement limiting this waiver use to this user only, with
the provision to extend this waiver use to a new user only upon
( approval of the new user by the City Council and the Michigan Liquor
Control Commission
#71-08 RESOLVED, that having considered a communication
from the City Planning Commission, dated January 24, 2008, which
transmits its resolution 01-02-2008 adopted on January 22, 2008, with
regard to Petition 2007-11-08-19 submitted by Etchen Gumma Limited,
on behalf of The Wine Palace, requesting site plan approval in
connection with a proposal to renovate the exterior of the commercial
building located on the west side of Middlebelt Road, between
Schoolcraft Road and Bentley Avenue (13971 Middlebelt Road), in the
Southeast 1/4 of Section 23, pursuant to the provisions set forth in
Section 18 47 of Ordinance No 543, as amended, the Council does
hereby concur in the recommendation made by the Planning
Commission and Petition 2007-11-08-19 is hereby approved and
granted, subject to the following conditions
1 That the Site Plan marked Sheet A-1 dated January 11, 2008,
as revised, prepared by Etchen Gumma Limited, is hereby
approved and shall be adhered to,
2 That the Exterior Building Elevation Plan marked Sheet A-3
dated January 11, 2008, as revised, prepared by Etchen
Gumma Limited, is hereby approved and shall be adhered to,
provided that stain be used in lieu of paint to change the color of
the existing fluted block on the exterior of the building, the
dumpster enclosure, and the screening wall along the west
property line,
3 That the brick used in the construction of the support columns
shall be full face four (4") inch brick,
4 That any pole-mounted light fixtures shall not exceed a height of
twenty (20') feet, and all lighting, including the proposed
building-mounted fixtures, shall be aimed and shielded so as to
minimize stray light trespassing across property lines and
glaring into adjacent roadway;
Regular Meeting Minutes of February 27, 2008 36624
5 That the petitioner shall correct to the Inspection Department's
satisfaction Item 3 with respect to the barrier free parking
spaces as outlined in the correspondence dated January 4,
2008,
6 That only conforming wall signage is approved with this petition,
and any additional signage shall be separately submitted for
review and approval by the Zoning Board of Appeals,
7 That no LED lightband or exposed neon shall be permitted on
this site including, but not limited to, the building or around the
windows,
8 The Petitioner shall plant and maintain large deciduous trees
and other shrubs as selected from the Approved Tree
Species/Suggested Plant Materials list identified in Table 1 of
Section 18 45(d) of the Zoning Ordinance, which trees and
shrubs shall be planted along the Middlebelt Road frontage
abutting the subject property, subject to the approval of the
Planning Department;
9 That steel gates be installed on the existing dumpster
enclosure,
10 That the specific plans referenced in this approving resolution
shall be submitted to the Inspection Department at the time the
building permits are applied for; and
11 Pursuant to Section 19 10 of Ordinance No 543, the Zoning
Ordinance of the City of Livonia, this approval is valid for a
period of one year only from the date of approval by City
Council, and unless a building permit is obtained this approval
shall be null and void at the expiration of said period
A roll call vote was taken on the foregoing resolutions with the following result:
AYES Meakin, Robinson, Knapp, Godfroid-Marecki, McCann,
Laura, and Toy
NAYS None
On a motion by McCann, seconded by Meakin, and unanimously
adopted, it was
Regular Meeting Minutes of February 27, 2008 36625
#72-08 RESOLVED, that having considered the report and
recommendation of the Committee of the Whole, dated February 11,
2008, submitted pursuant to Council Resolution 438-04 regarding
detention basins and how they relate to land mass requirements for
residential lots, the Council does hereby refer this matter to the
Administration for preparation of appropriate ordinance amendments
as recommended by the Planning Department per correspondence
dated January 4, 2008, to require stormwater detention ponds that are
developed as7 part of new residential subdivision or condominium
projects to be located in parks, outlots or general common areas and
not on subdivision lots or limited common areas
A communication from the Planning Commission, dated January 4,
2008, re storm water detention ponds on residential lots, was received and placed
on file for the information of the Council (CR 438-04 and CR 611-07)
On a motion by Godfroid-Marecki, seconded by McCann, and
unanimously adopted, it was
#73-08 RESOLVED, that having considered the report and
recommendation of the Committee of the Whole, dated February 11,
2008, submitted pursuant to Council Resolution 438-04 regarding
detention basins and how they relate to land mass requirements for
residential lots, the Council does hereby refer the subject of improving
the lot split application process to address issues regarding water
drainage to the Administration for its report and recommendation
A communication from The Foresta Group, P C , received February 7,
2008, in the Office of the City Clerk, containing the revised Site Plan dated January
24, 2008, re waiver use approval submitted by Shaw Energy, L.L.0 , to add a drive-
thru coffee shop (Bear Claw Coffee), was received and placed on file for the
information of the Council (Petition 2007-06-02-22, CR 472-07)
On a motion by Godfroid-Marecki, seconded by Meakin, it was
#74-08 RESOLVED, that having considered the report and
recommendation of the Committee of the Whole, dated February 11,
L. 2008, submitted pursuant to Council Resolution 472-07, and having
considered a communication from the City Planning Commission,
Regular Meeting Minutes of February 27, 2008 36626
dated July 23, 2007, which sets forth its resolution 07-76-2007 adopted
on July 10, 2007, with regard to Petition 2007-06-02-22 submitted by
Shaw Energy, L L C requesting waiver use approval to add a drive-
thru coffee shop (Bear Claw Coffee) to an existing gasoline service
station, located on the south side of Five Mile Road, between Levan
Road and Golfview Drive (36375 Five Mile Road), in the Northeast %
of Section 20, which property is zoned C-2, and the Council having
conducted a public hearing with regard to this matter on August 20,
2007, the Council does hereby reject the recommendation of the City
Planning Commission and Petition 2007-06-02-22 is hereby approved
and granted, as amended so as to eliminate the drive-up window
subject to the following conditions
1 That the Site Plan marked Sheet Al prepared by The Foresta
Group, P C , dated January 24, 2008, as revised, is hereby
approved and shall be adhered to,
2 That the landscaping shown on the above-referenced Site Plan
is hereby approved and shall be completed in accordance with
said plan, subject to the following stipulations
• That all planted materials shall be installed to the
satisfaction of the Inspection Department and thereafter
permanently maintained in a healthy condition,
• That all disturbed lawn areas shall be sodded in lieu of
hydroseeding,
• That all landscaped and sodded areas shall be provided
with an automatic underground irrigation system,
3 That the Building Elevations Plan marked Sheet A2 prepared by
The Foresta Group, P C , dated January 24, 2008, is hereby
approved and shall be adhered to, except that full-face, four (4)
inch brick shall be added to all four (4) sides of the building and
cooler, and that the brick shall extend from the finish grade of
the building to the bottom of the new fascia panels,
4 That all rooftop mechanical equipment shall be concealed from
public view on all sides by screening that shall be of a
compatible character, material and color to other exterior
materials on the building,
5 That the following maintenance items listed in the
correspondence dated June 18, 2007, from the Inspection
Department shall be rectified to that department's satisfaction
Regular Meeting Minutes of February 27, 2008 36627
• That the gates in the dumpster shall be replaced with
• proper steel gates,
That the existing concrete and asphalt pavement shall be
repaired as needed,
6 That all parking spaces shall be doubled striped, including the
provision of barrier free parking properly sized (8 foot wide with
adjacent 8 foot wide access aisle), signed and marked, and all
regular spaces shall be 10 feet in width as required,
7 That free air shall be provided at all times this station is open for
business, the free air shall be dispensed at the point of service
without having to enter the station or the performance of any
extra action in order to obtain the air without charge,
8 That the traffic lane serving the drive-up facility shall be at least
12 feet in width,
9 That this approval shall be subject to the petitioner obtaining a
variance from the Zoning Board of Appeals for adding to a
nonconforming building resulting in a greater deficiency with
respect to front yard setback,
10 That a complete signage package for this site shall be
separately submitted for review and approval by the Planning
Commission and City Council,
11 That no LED lightband or exposed neon shall be permitted on
this site including, but not limited to, the building or around the
windows, and
12 That the specific plans referenced in this approving resolution
shall be submitted to the Inspection Department at the time the
building permits are applied for
A roll call vote was taken on the foregoing resolution with the following result:
AYES Meakin, Knapp, Godfroid-Marecki, and Toy
NAYS Robinson, McCann, and Laura
The President declared the resolution adopted
On a motion by Godfroid-Marecki, seconded by Meakin, it was.
Regular Meeting Minutes of February 27, 2008 36628
RESOLVED, that having considered the report and recommendation of
the Committee of the Whole, dated February 11, 2008, submitted
pursuant to Council Resolution 472-07, and having considered a
tiro communication from the City Planning Commission, dated July 23,
2007, which sets forth its resolution 07-76-2007 adopted on July 10,
2007, with regard to Petition 2007-06-02-22 submitted by Shaw
Energy, L.L.0 requesting waiver use approval to add a drive-thru
coffee shop (Bear Claw Coffee) to an existing gasoline service station
located at 36375 Five Mile Road, the Council does hereby waive the
requirement set forth in Section 11 03(N) of Zoning Ordinance No 543,
as amended, which provides that the drive-up window not be used for
any purpose except the principal business use at the site, this gasoline
service station shall be allowed to operate a drive-up window for the
purpose of selling coffee and other related food items in connection
with the approval of waiver use Petition 2007-06-02-22
A roll call vote was taken on the foregoing resolution with the following result:
AYES Meakin, Knapp, Godfroid-Marecki, and Toy
NAYS Robinson, McCann, and Laura
The President declared the resolution failed due to lack of the required majority vote
A communication from Schonscheck, Inc , dated February 4, 2008, re
revised Site Plan, dated January 29, 2008, for the waiver use approval submitted by
Mayfield Partners, L.L.0 , to operate a child care facility at 32520 Seven Mile Road
and the relevant revised Site Plan, was received and placed on file for the
information of the Council (Petition 2007-08-02-35, CR 557-07)
A communication from neighboring businesses, Frank Bakhshandeh,
32606 Seven Mile Road (Fashion Cleaners), Cheryl Williams, 32614 Seven Mile
Road (Perfect Present), Matthew Partyka, 326030 Seven Mile Road (Jets Pizza),
William Tourgangeau, 32626 Seven Mile Road (Vitamin Express), and John Elieff,
32622 Seven Mile Road (Loveland Plaza Property Manager), dated February 8,
2008, expressing their support of the waiver use approval submitted by Mayfield
aro
Regular Meeting Minutes of February 27, 2008 36629
Partners, L L.0 , to operate a child care facility at 32520 Seven Mile Road, was
received and placed on file for the information of the Council (Petition 2007-08-02-
35, CR 557-07)
A communication from Schonscheck, Inc., received February 11, 2008,
re Children of America Traffic Flow Pattern Study for the waiver use approval
submitted by Mayfield Partners, L L C , to operate a child care facility at 32520
Seven Mile Road, was received and placed on file for the information of the Council
(Petition 2007-08-02-35, CR 557-07)
A communication from Schonsheck, Inc , received February 22, 2008,
re revised plans for Petition 2007-08-02-35 by Mayfield Partners, L.L C , as well as
a GAP Study and additional information on the Traffic Flow Pattern Study, was
received and placed on file for the information of the Council (Petition 2007-08-02-
35, CR 557-07)
Timothy Hader, Project Designer, Schonsheck, Inc., 51331 W Pontiac
Trail, Wixom, was present at the meeting to answer any questions of Council
(Petition 2007-08-02-35)
Dean Koulouras, 13407 Farmington Road, Livonia, on behalf of the
Petitioner, Mayfield Partners, L L.0 , was also present at the meeting to answer any
questions of Council (Petition 2007-08-02-35)
On a motion by Laura, seconded by Knapp, and unanimously adopted,
it was
#75-08 RESOLVED, that having considered the report and
recommendation of the Committee of the Whole, dated February 11,
2008, submitted pursuant to Council Resolution 557-07, and having
considered a communication from the City Planning Commission,
dated October 11, 2007, which transmits its resolution 10-117-2007,
adopted on October 9, 2007, with regard to Petition 2007-08-02-35,
submitted by Mayfield Partners, L.L.0 requesting waiver use approval
to construct and operate a child care facility located on the north side
Regular Meeting Minutes of February 27, 2008 36630
of Seven Mile Road between Mayfield Avenue and Shadyside Avenue
(32520 Seven Mile Road), in the Southwest 1/4 of Section 3, which
property is zoned C-1, the Council does hereby reject the
recommendation of the Planning Commission and Petition 2007-08-02-
35 is denied for the following reasons
1 That the petitioner has failed to affirmatively show that the
proposed use is in compliance with all of the special and
general waiver use standards and requirements as set forth in
Sections 9 03 and 19 06 of the Zoning Ordinance No 543,
2 That the petitioner has failed to provide conclusive evidence that
the proposed use is in compliance with the provisions of Section
18 38 (12), Off Street Parking Schedule, which requires one (1)
parking space for each employee plus sufficient off-street space
for the safe and convenient loading and unloading of children,
3 That the petitioner has failed to show that the site has the
capacity to accommodate the proposed use,
4 That the proposed site layout and its relation to streets giving
access to it, particularly with respect to vehicular turning
movements in relation to routes of traffic flow and location and
access of off-street parking, will be hazardous and inconvenient
to the neighborhood and will unduly conflict with the 'normal
traffic flow and circulation patterns in the neighboring area, and
5 That the petitioner has failed to comply with all the concerns
deemed necessary for the safety and welfare of the City and its
residents
A communication from the Public Service Division, dated February 21,
2008, re labor hours spent by Honeywell in 2007, and other additional information
on the request to extend the Honeywell program, was received and placed on file for
the information of the Council (CR 314-06 and CR 603-05)
On a motion by McCann, seconded by Laura, and unanimously
adopted, it was
#76-08 RESOLVED, that having considered the report and
recommendation of the Committee of the Whole, dated February 11,
2008, submitted pursuant to Council Resolution 314-06, regarding the
Regular Meeting Minutes of February 27, 2008 36631
subject of Honeywell, Inc with respect to the City Hall building heating
and air conditioning problems, the Council does hereby approve the
renewal of the existing contract with Honeywell, Inc., 49116 Wixom
Tech Drive, Wixom, Michigan 48393, for""staff support service (one-day
per month) for the annual cost of $9,774 50, and such amount is
hereby authorized to be expended from funds already budgeted in
Account No 101-447-818-000 (General Fund, Public Service-Building
Maintenance) for this purpose, FURTHER, the Council does hereby
approve the continuation of the existing contract with Honeywell, Inc.
for a one-year preventive maintenance program for the Community
Recreation Center in the amount of $62,460 00, and such amount is
hereby authorized to be expended from funds already budgeted in
Account No 208-755-818-020 (Community Center — Professional and
Contractual Services-Maintenance) for this purpose, FURTHER, the
Council does hereby authorize such action without competitive bidding
for the reasons indicated in the aforesaid communication, and such
action is taken in accordance with Section 3 04 140 D 4 of the Livonia
Code of Ordinances, as amended, and the Mayor and City Clerk are
hereby authorized, for and on behalf of the City of Livonia, to execute a
contract extension with the aforesaid company and to do all things
necessary or incidental to the full performance of this resolution
A communication from the Public Service Division, dated February 22,
2008, re costs involved with the building of an Animal Shelter, received from
Roscommon County and the City of Romulus, was received and placed on file for
the information of the Council
On a motion by Godfroid-Marecki, seconded by Knapp, and
unanimously adopted, it was
#77-08 RESOLVED, that having considered the report and
recommendation of the Superintendent of Public Service and the
Director of Public Works, dated February 11, 2008, which bears the
signature of the Director of Finance, City Attorney, and Assistant City
Attorney and is approved for submission by the Mayor, to which is
attached a proposed Animal Sheltering Agreement between the City of
Livonia and The Michigan Humane Society, 26711 Northwestern
Highway, Suite 175, Southfield, Michigan 48034, for providing animal
sheltering services to the City for the period commencing January 1,
2008, through November 30, 2009, with boarding fees to increase to
$23 50 per day, the Council does hereby authorize the Mayor and City
Clerk, for and on behalf of the City of Livonia, to execute the said
Regular Meeting Minutes of February 27, 2008 36632
agreement subject to approval as to form by the Department of Law;
FURTHER, the Council does hereby authorize such action without
competitive bidding in accordance with Section 3 04 140 D.2 and D 4
of the Livonia Code of Ordinances, as amended, FURTHER, the
Council does hereby authorize an expenditure in the total amount of
$12,704 10 from Account No 205-526-805-000 to cover the retroactive
payment of the difference in fees from January, 2006, to December
31, 2007
On a motion by Robinson, seconded by Laura, it was
#78-08 RESOLVED, that having considered the report and
recommendation of the Superintendent of Public Service and the
Director of Public Works, dated February 11 , 2008, which bears the
signature of the Director of Finance, City Attorney, and Assistant City
Attorney and is approved for submission by the Mayor, to which is
attached a proposed Animal Sheltering Agreement between the City of
Livonia and The Michigan Humane Society, 26711 Northwestern
Highway, Suite 175, Southfield, Michigan 48034, for providing animal
sheltering services to the City for the period commencing January 1,
2008, through November 30, 2009, with boarding fees to increase to
$23 50 per day, the Council does hereby authorize the Department of
Public Works together with the Finance Director to do all things
necessary to prepare specifications and a Request for Proposals and
to obtain proposals for providing animal sheltering services to the City
A roll call vote was taken on the foregoing resolution with the following result:
AYES Robinson, Knapp, McCann, Laura, and Toy
NAYS Meakin and Godfroid-Marecki
The President declared the resolution adopted
Meakin gave first reading to the following Ordinance
AN ORDINANCE AMENDING SECTION 290 OF CHAPTER 04
(DOGS) OF TITLE 6 (ANIMALS) OF THE LIVONIA CODE OF
ORDINANCES, AS AMENDED
The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in the
Office of the City Clerk and is the same as if word for word repeated herein The
Regular Meeting Minutes of February 27, 2008 36633
above Ordinance was placed on the table for consideration at an upcoming Regular
meeting
A communication from Desine, Inc , received by Council at the Study
meeting of February 20, 2008, containing menu board photos and dimensions re
signage request submitted by Taco Bell for the restaurant at 33193 Eight Mile Road,
was received and placed on file for the information of the Council (Petition 2007-11-
SN-08)
On a motion by Meakin, seconded by Robinson, and unanimously
adopted, it was
#79-08 RESOLVED, that having considered a communication
from the City Planning Commission dated January 24, 2008, which
transmits its resolution 01-03-2008, adopted on January 22, 2008, with
regard to a Sign Permit Application, Petition 2007-11-SN-08, submitted
by Taco Bell, requesting approval for signage for the new restaurant
located on the south side of Eight Mile Road, between Farmington
Road and Shadyside Road (33193 Eight Mile Road), in the Northwest
1/4 of Section 3, the Council does hereby concur in the recommendation
of the Planning Commission and approve the said Sign Permit
Application, subject to the following conditions
1 That the Sign Package submitted by Taco Bell, as received by
the Planning Commission on November 7, 2007, is hereby
approved and shall be adhered to, subject to Zoning Board of
Appeals approval for excess sign area as it relates to the
proposed 44 square foot menu board,
2 That the signage shall not be illuminated beyond one (1) hour
after this business closes,
3 That no LED lightband or exposed neon shall be permitted on
this site including, but not limited to, the building or around the
windows, and
4 That the specific plans referenced in this approving resolution
shall be submitted to the Inspection Department at the time the
sign permits are applied for
Regular Meeting Minutes of February 27, 2008 36634
On a motion by Meakin, seconded by Laura, and unanimously
adopted, it was
#80-08 RESOLVED, that having considered a communication
from the City Planning Commission, dated January 31, 2008, which
transmits its resolution 01-01-2008 adopted on January 22, 2008, with
regard to Petition 2007-11-08-18 submitted by Bob Evans Restaurant
requesting site plan approval in connection with a proposal to demolish
and reconstruct the restaurant on property located on the west side Of
Middlebelt Road between Schoolcraft Road and Bentley Avenue
(13911 Middlebelt Road), in the Southeast 1/4 of Section 23, pursuant
to the provisions set forth in Section 18 58 of Ordinance No 543, as
amended, the Council does hereby concur in the recommendation
made by the Planning Commission and Petition 2007-11-08-18 is
hereby approved and granted, subject to the following conditions
1 That the amended Site Plan marked Cl dated January 29,
2008, prepared by Mosure, L L C , is hereby approved and shall
be adhered to,
2 That the amended Landscape Plan marked L1 dated January
29, 2008, prepared by Mosure L L.0 , is hereby approved and
shall be adhered to,
3 That a row of large deciduous trees and other shrubs as
selected from the Approved Tree Species/Suggested Plant
Materials list, as identified in Table 1 of Section 18 45(d) of the
Zoning Ordinance, be planted along the Middlebelt Road and
Schoolcraft Road right-of-ways that abut the subject property,
subject to the approval of the Planning Department;
4 That all disturbed lawn areas shall be sodded in lieu of
hydroseeding,
5 That underground sprinklers are to be provided for all
landscaped and sodded areas and all planted materials shall be
installed to the satisfaction of the Inspection Department and
thereafter permanently maintained in a healthy condition,
6 That the Exterior Building Elevation Plans marked A-2 0 and A-
2 1, both dated November 7, 2007, prepared by Mosure L L C
are hereby approved and shall be adhered to,
7 That the brick used in the construction shall be full face four (4")
inch brick,
Regular Meeting Minutes of February 27, 2008 36635
8 That all rooftop mechanical equipment shall be concealed from
public view on all sides by screening that shall be of a
compatible character, material and color to other exterior
materials on the building,
9 That the three walls of the trash dumpster area shall be
constructed out of the same brick used in the construction of the
building or in the event a poured wall is substituted, the wall's
design, texture and color shall match that of the building and the
enclosure doors shall be of a composite construction and
maintained and when not in use closed at all times,
10 That the same brick used in the construction of the building shall
screen the pre-finished walk-in cooler unit on two (2) sides,
11 That this site shall meet the Wayne County Storm Water
Management Ordinance and shall secure the necessary
permits, including storm water management permits, wetlands
permits and soil erosion and sedimentation control permits, from
Wayne County, the City of Livonia, and/or the State of Michigan
Department of Environmental Quality;
12 That all light fixtures shall not exceed twenty-six (26') feet in
height and shall be aimed and shielded so as to minimize stray
light trespassing across property lines and glaring into adjacent
roadway;
13 That this approval is subject to the petitioner being granted a
variance from the Zoning Board of Appeals for deficient parking
and any conditions related thereto,
14 That the two (2) proposed 45 square foot wall signs are
approved with this petition, subject to the review and approval
by the Zoning Board of Appeals,
15 That the existing non-conforming pylon sign shall be removed,
16 That no LED lightband or exposed neon shall be permitted on
this site including, but not limited to, the building or around the
windows,
17 That the specific plans referenced in this approving resolution
shall be submitted to the Inspection Department at the time the
building permits are applied for; and
Regular Meeting Minutes of February 27, 2008 36636
18 Pursuant to Section 19 10 of Ordinance No 543, the Zoning
Ordinance of the City of Livonia, this approval is valid for a
period of one year only from the date of this approval by City
Council, and unless a building permit is obtained this approval
shall be null and void at the expiration of said period
Petitioner, Rick McKinney, Senior Real Estate Manager for Bob Evans
Farms, Inc., 3776 S High Street, Columbus, Ohio, was present at the meeting to
answer any questions of Council
During the Audience Communication portion of the meeting, Daniel
Livingston, 33964 Sleepy Hollow, Livonia, addressed Council regarding the
proposed NAFTA Super Highway, from Mexico through to Canada, which will
include the six mile stretch of 1-96 expressway in Livonia Mr Livingston expressed
to Council his objection to this proposed highway and asked Council to stop the
highway from being built by the federal government.
Cathy Anderson, 15395 Williams, Livonia, MOPS representative from
St. Edith Church, thanked Council for approving St. Edith's recent signage request
and apologized for missing the previous meeting
On a motion by McCann, seconded by Godfroid-Marecki, and
unanimously adopted, this 1,603rd Regular Meeting of the Council of the City of
Livonia was adjourned at 8 45 p m
C6FIC/A Azin/liy
Linda Grimsby, City Clerk