HomeMy WebLinkAboutCOUNCIL MINUTES 2006-11-08 35977
MINUTES OF THE ONE THOUSAND FIVE HUNDRED SEVENTY- SECOND
REGULAR MEETING OF NOVEMBER 8, 2006
On November 8, 2006, the above meeting was held at the City Hall, 33000
Civic Center Drive, Livonia, Michigan, and was called to order by the President of the
Council at 8 00 p m Councilmember Laura gave the invocation
Roll was called with the following result: Joe Laura, Thomas Robinson,
Gerald Taylor, Donald Knapp, Brian Meakin, Terry Godfroid-Marecki, and James
McCann Absent. None
Elected and appointed officials present. Jack Engebretson, Mayor;
Val Vandersloot, City Clerk, Robert Schron, City Engineer; Scott Miller, Planner IV,
Sean P Kavanagh, City Attorney; Karen Szymula, Director of Legislative Affairs, Evelyn
Goudreau, Cable Division
On a motion by Knapp, seconded by Robinson and unanimously adopted,
it was
#540-06 RESOLVED that"the minutes of the 1,571st Regular Meeting
of the Council held October 25, 2006 are hereby approved as submitted
City Clerk Val Vandersloot reviewed yesterday's Election Day
Throughout Michigan, 53% of registered voters voted In Livonia, 65,000 turned out to
vote, including almost 12,000 absentee ballot voters Vandersloot thanked the 300
precinct poll workers who worked over 15 hours on Election Day, and the 45 people at
City Hall who also worked on elections
Councilmember Meakin congratulated the Stevenson High School Boys'
Soccer Team who finished runner-up in the State Finals this past weekend
Communication from the Department of Finance, dated October 20, 2006,
re forwarding various financial statements of the City of Livonia for the month ending
September 30, 2006, was received and filed for the information of the Council
Regular Meeting Minutes of November 8, 2006 35978
Communication from the Division of Police, dated November 1, 2006, re
plans to hire an additional crossing guard at Hoover School to be on duty as of Monday,
November 6, 2006, was received and placed on file for the information of the Council
On a motion by Taylor, seconded by Knapp, it was
#541-06 RESOLVED, that having considered a letter from Michael
Soave, dated October 11, 2006, requesting a waiver of the sidewalk
requirement in front of the home he is constructing at 37701 Northland,
and having further considered the report and recommendation of the City
Engineer, dated October 26, 2006, approved for submission by the Mayor,
the Council does hereby approve this request inasmuch as omitting the
sidewalk on the subject property would have no detrimental effect upon
the neighboring properties at this time due to lack of any other public
sidewalks existing within the neighboring area, FURTHER, the Council
does hereby reserve the right to require sidewalks at this location in the
event that additional sidewalks are installed in this area at some future
date
#542-06 RESOLVED, that having considered a letter from Michael
Soave, dated October 11, 2006, requesting a waiver of the sidewalk
requirement in front of the home he is constructing at 37715 Northland,
and having further considered the report and recommendation of the City
Engineer, dated October 26, 2006, approved for submission by the Mayor,
the Council does hereby approve this request inasmuch as omitting the
sidewalk on the subject property would have no detrimental effect upon
the neighboring properties at this time due to lack of any other public
sidewalks existing within the'neighboring area, FURTHER, the Council
does hereby reserve the right to require sidewalks at this location in the
event that additional sidewalks are installed in this area at some future
date
#543-06 RESOLVED, that having considered a letter from Ben
Ciccarelli, dated October 23, 2006, requesting a waiver of the sidewalk
requirement in front of the home being constructed at 37501 Lyndon
Avenue, in the Southeast 1/4 of Section 19, and having further considered
the report and recommendation of the City Engineer, dated October 26,
2006, approved for submission by the Mayor, the Council does hereby
approve this request inasmuch as omitting the sidewalk on the subject
property would have no detrimental effect upon the neighboring properties
at this time due to lack of any other public sidewalks existing within the
neighboring area, FURTHER, the Council does hereby reserve the right to
require sidewalks at this location in the event that additional sidewalks are
installed in this area at some future date
Regular Meeting Minutes of November 8, 2006 35979
#544-06 RESOLVED, that having considered a letter from the
Michigan Liquor Control Commission, dated July 20, 2006, and the report
and recommendation of the Chief of Police, dated October 19, 2006,
approved for submission by the Director of Public Safety and the Mayor,
the Council does hereby approve of the request from Groman Cellars,
LLC, for Transfer of Ownership of a 2006 Class C Licensed Business (in
escrow) with Dance-Entertainment Permit located at 31735 Plymouth,
Livonia, Michigan 48150, Wayne County, from De Palma, Inc , and to
transfer location to 17386 Haggerty Road, Livonia, Michigan 48152,
Wayne County; FURTHER, the Council does hereby determine that it has
no objection to and does recommend approval of the request from
Groman Cellars, LLC, for a new SDM License to be held in conjunction for
the business located at 17386 Haggerty Road, Livonia, Michigan, Wayne
County and the City Clerk is hereby requested to forward a certified copy
of this resolution to the Michigan Liquor Control Commission
#545-06 RESOLVED, that having considered the report and
recommendation of the Traffic Commission, dated October 4, 2006,
submitted pursuant to Council Resolution No 383-06, with respect to the
establishment of procedures to notify residents before a stop sign is
removed in their neighborhood, the Council does hereby refer this item to
the Legislative Committee for its report and recommendation
#546-06 RESOLVED, that having considered a communication from
the Director of Inspection, dated October 20, 2006, submitted pursuant to
Council Resolution No 462-06, regarding the request to demolish the
structure located at 9060 Deering, the Council does hereby determine to
take no further action with regard to this matter
Communication from the Director of Inspection, dated October 20, 2006,
re termination of the condemnation proceedings for the structure located at 9060
Deering was received and placed on tile for the information of the Council (CR 462-06)
#547-06 RESOLVED, that having considered a communication from
the Human Resources Director, dated October 20, 2006, which bears the
signature of the Finance Director and is approved for submission by the
Mayor, and which transmits resolution 06-166 adopted by the Civil
Service Commission on October 18, 2006, wherein the Commission
recommended to increase the hourly pay rate for School Crossing
Guards to $9 00 per hour, to be effective December 1, 2006, the Council
does hereby approve such recommendation and the hourly pay rate for
School Crossing Guards shall be increased to $9 00, the same to take
effect on December 1, 2006
#548-06 RESOLVED, that having considered a communication from
the Superintendent of Public Service, dated October 3, 2006, which bears
Regular Meeting Minutes of November 8, 2006 35980
the signature of the Finance Director and is approved for submission by
the Mayor, in connection with the Contract between the City of Livonia and
Hubbell, Roth and Clark, Inc. to perform engineering services for the Idyl
Wyld Regional Storm Water Treatment Facility Project, the Council does
hereby appropriate and authorize the expenditure of an additional sum not
to exceed $45,000 00 from Account No 592-559-840-030 for additional
work performed by Hubbell, Roth and Clark in connection with this project;
FURTHER, and the Mayor and City Clerk are hereby authorized, for and
on behalf of the City of Livonia, to do all things necessary or incidental to
the full performance of this resolution
#549-06 RESOLVED, that Soave Building Company, 20592 Chestnut
Circle, Livonia, Michigan 48152, as proprietor, having requesting the City
Council to approve the proposed Churchill Manor Site Condominiums in
the Southeast 1/4 of Section 31 of the City of Livonia (hereinafter the
"Condominium"), and it further appearing that approval of the site plan for
the Condominium was given by the City Planning Commission on January
31, 2006, and by the City Council on March 8, 2006, and it further
appearing that such site plan, together with Development Plans and
Specifications for Improvements have been examined and approved by
the Department of Public Works as set forth in the report of that
Department dated October 17, 2006, and the City Council having
approved the Master Deed on March 8, 2006 in Council Resolution 108-
06, therefore, the City Council does hereby establish the following
requirements
(1) All of the improvements, utilities and grading shall be constructed,
installed and accomplished in conformity with the provisions of the
ordinances of the City of Livonia, and the regulations and
specifications of the' Department of Public Works and the
Development Plans submitted by the proprietor and approved by
such Department; all such improvements to be constructed,
installed, accomplished and completed within a period of two (2)
years from the effective date of this resolution, failing this, the
approval contained herein shall be considered null, void and of no
effect whatsoever;
(2) That all inspection fees and other charges due to the City of Livonia
shall be fully paid at the time and in the manner provided in the said
ordinance provisions,
(3) That the installation of all such improvements shall be subject at all
times to the supervision and inspection and final approval of the
Department of Public Works, and such improvements shall not be
considered as having been satisfactory and completely installed
until there is filed with the City Council the certificate as provided in
such ordinance provisions,
Regular Meeting Minutes of November 8, 2006 35981
(4) That the proprietor enter into an agreement with the City of Livonia
agreeing to construct, within the prescribed period of time and in
the prescribed manner, all improvements required to the extent
required by the City of Livonia and as shown on the approved
Development Plans,
(5) That as a condition of obtaining final approval of the Master Deed
prior to the completion of all required improvements, the proprietor
shall file with the City of Livonia a corporate surety bond, certified
check, cash bond, irrevocable letter of credit, or other financial
assurance in such form as may be approved by the Department of
Law guaranteeing the satisfactory installation of all such
improvements, utilities and grading by the proprietor within the
prescribed period in the following amounts
(a) Sidewalk Bond ($5,000 00
minimum cash)
(b) Grading and Soil Erosion
Control Bond ($4,800 00 minimum cash)
(c) Entrance Markers/Landscaping $3,000 00 (all cash)
(d) Monuments & Markers Bond $690 00 (all cash)
and require cash payments in the total amount of $64,826 00
(6) That all required cash deposits, certified checks, irrevocable bank
letters of credit and/or surety bonds which shall be established by
the City Engineer pursuant to Article XVIII of Ordinance No 543,
Section 18 66 of the ordinance, shall be deposited with the City
prior to the issuance of engineering permits for this condominium
development; and
(7) That the distribution lines for telephone and electric services are to
be placed underground and ornamental street lights are to be
provided throughout the Condominium in accordance with City
ordinance
#550-06 RESOLVED, that having considered the report and
recommendation of the City Engineer, dated October 6, 2006, which bears
the signature of the Director of Finance, is approved by the Public Works
Coordinator, is approved as to form by the City Attorney, and is approved
for submission by the Mayor, to which is attached an Advance
Construction Contract between the Michigan Department of
Transportation and the City of Livonia for the resurfacing of Newburgh
Road from Plymouth Road to 1-96, the Council does hereby authorize the
Regular Meeting Minutes of November 8, 2006 35982
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 $750,700 00 from the Unexpended Fund Balance of the
Michigan Transportation Fund for this purpose with the understanding that
the total project cost is estimated at $933,200 00, of which $182,500 00
will be funded by a State Local Jobs Today Grant and the City will be
responsible for the amount of $730,000 00 until Federal Funds are
available in 2007, FURTHER, it is understood that in 2007 the Federal
Highway Administration will reimburse the City in the amount of
$600,560 00 (64 3% of the total cost) and the City's responsibility will be
reduced to $150,140 00 (16 1% of the total cost) 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
#551-06 RESOLVED, that having considered a communication from
the City Planning Commission, dated October 4, 2006, which transmits its
Resolution 10-105-2006, adopted on October 3, 2006, with regard to
Petition 2006-08-02-20, submitted by Maniac's Café & Sweets, requesting
waiver use approval to operate a limited service restaurant located on the
south side of Five Mile Road between Newburgh Road and Blue Skies
Avenue (37587 Five Mile Road), in the Northeast 1/4 of Section 19, the
Council does hereby concur in the recommendation of the Planning
Commission and Petition 2006-08-02-20 is hereby approved and granted,
subject to the following conditions
1 That the number of customer seats shall be limited to no more than
thirty (30) seats,
2 That the issues as listed in the correspondence dated September 8,
2006 from the Inspection Department in regard to the restroom or
restrooms and their configuration, along with all other barrier free
requirements including the entry door, shall be resolved to that
department's satisfaction,
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, and
4 That no LED lightband or exposed neon shall be permitted on the
site including, but not limited to, the building or around the windows
#552-06 RESOLVED, that having considered a communication from
the City Planning Commission, dated September 25, 2006, which
transmits its resolution 09-102-2006, adopted on September 19, 2006,
Regular Meeting Minutes of November 8, 2006 35983
with regard to Petition 2006-07-08-16, submitted by Byblos General
Contracting, requesting site plan approval to demolish and reconstruct the
gas station (Mobil) located at 29401 Five Mile Road, in the Northeast 1/4 of
Section 23, the Council does hereby refer this item to the Committee of
the Whole for its report and recommendation
#553-06 RESOLVED, that having considered the report and
recommendation of the City Planning Commission, dated October 5, 2006,
which sets forth its resolution 10-109-2006, adopted on October 3, 2006,
with regard to a request submitted by S & N Development Company, for a
third extension of the approval of Petition 2003-02-08-05, in connection
with the approval of all plans for the proposal to construct an office
building on property located at 37640 Seven Mile Road, on the north side
of Seven Mile Road, between Newburgh Road and Victor Parkway in the
Southeast 1/4 of Section 6, previously granted in Council Resolution 183-
03, adopted on April 23, 2003, and extended for a first time in Council
Resolution 168-04, adopted on April 21, 2004, and extended for a second
time in Council Resolution 535-05, adopted on November 14, 2005, the
Council does hereby concur in the recommendation of the Planning
Commission and does hereby approve the requested third extension of
the Site Plan approval in connection with Petition 2003-02-08-05, subject
to the following conditions
1 That the request for a third extension of Site Plan Approval by Sam
Shamie, managing member of S & N Development Company, in a
letter dated September 13, 2006, is hereby approved for a one-year
period, and
2 That all conditions imposed by Council Resolution #183-03 adopted
on April 23, 2003, in ccmnection with Petition 2003-02-08-05, which
permitted the construction of a three-story office building, shall
remain in effect to the extent that they are not in conflict with the
foregoing condition
#554-06 RESOLVED, that having considered a communication from
the Council President, dated October 17, 2006, to which is attached a
proposed schedule of Council Study and Regular Meetings for the period
January 1, 2007, through December 31, 2007, the Council does hereby
approve the following dates for City Council Meetings for 2007, subject to
change with notice
Regular Meeting Minutes of November 8, 2006 35984
Study Meetings Regular Meetings
JANUARY
Monday, January 8 Wednesday, January 17
Monday, January 22 Wednesday, January 31
FEBRUARY
Monday, February 5 Wednesday, February 14
Wednesday, February 21 Wednesday, February 28
MARCH
Monday, March 5 Wednesday, March 14
Monday, March 19 Wednesday, March 28
APRIL
Monday, April 2 Wednesday, April 11
Monday, April 16 Wednesday, April 25
MAY
Monday, April 30 Wednesday, May 9
Monday, May 14 Wednesday, May 23
JUNE
Wednesday, May 30 Wednesday, June 6
Monday, June 11 Monday, June 18
JULY
Monday, June 25 Monday, July 2
Monday, July 9 Wednesday, July 18
AUGUST
Monday, July 23 Monday, August 13
Monday, August 20 Wednesday, August 29
SEPTEMBER
Wednesday, September 5 Wednesday, September 12
Monday, September 17 Wednesday, September 26
OCTOBER
Monday, October 1 Wednesday, October 10
Monday, October 15 Wednesday, October 24
NOVEMBER
Monday, October 29 Wednesday, November 7
Wednesday, November 14 Monday, November 26
DECEMBER
Wednesday, November 28 Wednesday, December 5
Monday, December 10 Wednesday, December 19
Regular Meeting Minutes of November 8, 2006 35985
A roll call vote was taken of the foregoing resolutions with the following result.
AYES Laura, Robinson, Taylor, Knapp, Meakin, Godfroid-Marecki and
McCann
NAYS None
Communication from the Department of Law, dated September 19, 2006,
re proposed State legislation regarding competitive cable service providers — HB 6456,
was received and placed on file for the information of the Council (CR 340-06)
Letter from Mayor Engebretson, dated September 12, 2006, addressed to
Representative Pastor, re seeking his opposition to a new bill being introduced to shift
the cable franchising authority to the state level in Michigan was received and placed on
file for the information of the Council (CR 340-06)
Communication from the Department of Law, dated September 6, 2006,
re the Cable Franchise Process for Competitive Cable Television Providers was
received and placed on file for the information of the Council (CR 340-06)
A seven (7) page petition requesting Cable TV competition in Livonia,
received at the Legislative Committee meeting of October 17, 2006, was received and
placed on file for the information of the Council (CR 340-06)
A handout submitted by AT&T at the Legislative Committee meeting of
October 17, 2006, titled "Video Franchise Legislation Benefits Michigan — HB 6456 A
Good Solution" was received and placed on file for the information of the Council (CR
340-06)
A handout submitted at the Legislative Committee meeting of October 17,
2006, by attorney Michael J Watza of Kitch Attorneys & Counselors, titled "HB 6456
Substitute of 9-21-06 00 It's not what they say it is Look behind the gloss The Bill
Regular Meeting Minutes of November 8, 2006 35986
would change current law as follows " was received and placed on file for the
information of the Council (CR 340-06)
"The Cost of Proposed HB 6456 to the City of Livonia" and cable
comparison chart, submitted by the Department of Law on October 17, 2006, was
received and placed on file for the information of the Council (CR 340-06)
A handout submitted by the Department of Law on October 17, 2006 re
comparison of Current Franchise, AT&T Proposed Competitive Video Services
Agreement and Substitute for HB 6456 was received and placed on file for the
information of the Council (CR 340-06)
An e-mail from Robert MCann, Bright House Networks, dated September
8, 2006, re Bright House, WOW and Comcast cable price comparisons was received
and placed on file for the information of the Council (CR 340-06)
"Analysis of House Bill 6456 (H-2) Still a Bad Bill" issued by the Michigan
Townships Association and the Michigan Municipal League was received and placed on
file for the information of the Council (CR 340-06)
On a motion by Robinson, seconded by Laura, it was
WHEREAS, consumers benefit form greater choice, better
products and competitive prices when the communications marketplace is
driven by competition among many different providers and technologies,
instead of outdated regulation, and
WHEREAS, recent technological developments like wireless telephony
and broadband communications are available to a broad range of
consumers and competitively priced today because policy makers
empowered consumers, instead of regulation, to drive the marketplace,
and
Regular Meeting Minutes of November 8, 2006 35987
WHEREAS, in major Michigan cities, cable rates have increased 28.2
percent on average over the past five years and consumers statewide
continue to suffer from skyrocketing cable rates, and
WHEREAS, consumers are best served by public policy that removes
barriers that could delay or prevent providers from deploying infrastructure
and making investments in communities to offer new communications
services, including Internet-based television (IPTV) services that would
provide much-needed competition to traditional cable television service,
and
WHEREAS, Michigan consumers deserve to enjoy similar benefits from
competition that consumers in the states of Texas, Indiana, Kansas,
Virginia, Oklahoma, South Carolina, North Carolina, California, New
Jersey and Connecticut will and have already begun to experience thanks
to updated state laws and regulations that also spur increased investment
to upgraded infrastructure for the state
THEREFORE, BE IT RESOLVED, that the City of Livonia encourages
policymakers to update and streamline communications laws to
encourage greater competition and remove barriers to entry by new
competitors offering consumers greater choice of television entertainment
services, and further
BE IT RESOLVED, that the City of Livonia, on behalf of the City Council
members shall convey its support to the Michigan Legislature for
modernized, streamlined communications laws that remove barriers to
entry by new video competitors
Knapp requested that a friehdly amendment be made to the foregoing
resolution which would include the following language
WHEREAS, current public, educational, and government ("PEG")
channels should be preserved because they are valuable resources that
inform residents of community events, assist teachers in their education of
students, and encourage participation in and an understanding of local
government;
WHEREAS, because communications competition that delivers telephone,
Internet, and television services benefit all residents and businesses to
whom it is made available, public policy should create incentives to bring
and expand these services to all residents and businesses in Livonia
Robinson objected to the amendment of his motion
' Source Data on Flint, Detroit, Grand Rapids and Holland, based on media reports Available upon
request.
Regular Meeting Minutes of November 8, 2006 35988
On a motion by Knapp, seconded by Taylor, it was
RESOLVED, that the Council does hereby determine to substitute a
resolution in lieu of the proposed resolution which would include the
foregoing friendly amendment language
A roll call vote was taken on the motion to substitute with the following result:
AYES Taylor, Knapp and McCann
NAYS Laura, Robinson, Meakin and Godfroid-Marecki
The President declared the motion to substitute failed
A roll call vote was then taken on the originally proposed resolution, as follows, with the
following result:
#555-06 WHEREAS, consumers benefit form greater choice, better
products and competitive prices when the communications marketplace is
driven by competition among many different providers and technologies,
instead of outdated regulation, and
WHEREAS, recent technological developments like wireless telephony
and broadband communications are available to a broad range of
consumers and competitively priced today because policy makers
empowered consumers, instead of regulation, to drive the marketplace,
and
WHEREAS, in major Michigan cities, cable rates have increased 28.2
percent on average over the' past five years2 and consumers statewide
continue to suffer from skyrocketing cable rates, and
WHEREAS, consumers are best served by public policy that removes
barriers that could delay or prevent providers from deploying infrastructure
and making investments in communities to offer new communications
services, including Internet-based television (IPTV) services that would
provide much-needed competition to traditional cable television service,
and
WHEREAS, Michigan consumers deserve to enjoy similar benefits from
competition that consumers in the states of Texas, Indiana, Kansas,
Virginia, Oklahoma, South Carolina, North Carolina, California, New
Jersey and Connecticut will and have already begun to experience thanks
to updated state laws and regulations that also spur increased investment
to upgraded infrastructure for the state
2 Source Data on Flint, Detroit, Grand Rapids and Holland, based on media reports Available upon
request.
Regular Meeting Minutes of November 8, 2006 35989
THEREFORE, BE IT RESOLVED, that the City of Livonia encourages
policymakers to update and streamline communications laws to
encourage greater competition and remove barriers to entry by new
competitors offering consumers greater choice of television entertainment
services, and further
BE IT RESOLVED, that the City of Livonia, on behalf of the City Council
members shall convey its support to the Michigan Legislature for
modernized, streamlined communications laws that remove barriers to
entry by new video competitors
AYES Laura, Robinson, Meakin and Godfroid-Marecki
NAYS Taylor, Knapp and McCann
The President declared the resolution adopted
On a motion by Robinson, seconded by Laura, it was
WHEREAS, consumers benefit from greater choice, better
products and competitive prices when the communications marketplace is
driven by competition among many different providers and technologies,
and
WHEREAS, recent technological developments like wireless telephony
and broadband communications are available to a broad range of
consumers and competitively priced today because policy makers
empowered consumers, instead of regulation, to drive the marketplace,
and
WHEREAS, consumers are best served by public policy that removes
barriers that could delay or prevent providers from deploying infrastructure
and making investments in communities to offer new communications
services, and
WHEREAS, consumers in Livonia should have access to the latest
technology, including broadband Internet and IP-based services like IPTV,
and
WHEREAS, Livonia consumers deserve to enjoy similar benefits from
competition that consumers in other cities and states have already begun
to experience as a result of successfully negotiated local agreements, and
WHEREAS, the Livonia City Council has, by its resolution of this same
date, voiced its support for state legislation to encourage video
competition, but recognizing that concurrent and additional efforts at the
Regular Meeting Minutes of November 8, 2006 35990
local level should continue in reaching the goal of greater choice in video
service for Livonia consumers at the earliest possible date
THEREFORE, BE IT RESOLVED, that the City of Livonia encourages the
city administration to take all possible and appropriate steps to pursue
agreements or other arrangements with alternative video service
competitors to provide service in the city at the earliest possible date
The President relinquished the gavel to the Vice President at 9 02 p m to speak on this
item
Eric Kuszynski, 18775 Blue Skies, spoke in favor of cable competition in Livonia
A roll call vote was then taken on the foregoing resolution with the following result:
#556-06 WHEREAS, consumers benefit from greater choice, better
products and competitive prices when the communications marketplace is
driven by competition among many different providers and technologies,
and
WHEREAS, recent technological developments like wireless telephony
and broadband communications are available to a broad range of
consumers and competitively priced today because policy makers
empowered consumers, instead of regulation, to drive the marketplace,
and
WHEREAS, consumers are best served by public policy that removes
barriers that could delay or prevent providers from deploying infrastructure
and making investments in communities to offer new communications
services, and
WHEREAS, consumers in Livonia should have access to the latest
technology, including broadband Internet and IP-based services like IPTV,
and
WHEREAS, Livonia consumers deserve to enjoy similar benefits from
competition that consumers in other cities and states have already begun
to experience as a result of successfully negotiated local agreements, and
WHEREAS, the Livonia City Council has, by its resolution of this same
date, voiced its support for state legislation to encourage video
competition, but recognizing that concurrent and additional efforts at the
local level should continue in reaching the goal of greater choice in video
service for Livonia consumers at the earliest possible date
THEREFORE, BE IT RESOLVED, that the City of Livonia encourages the
city administration to take all possible and appropriate steps to pursue
Regular Meeting Minutes of November 8, 2006 35991
agreements or other arrangements with alternative video service
competitors to provide service in the city at the earliest possible date.
AYES Laura, Robinson, Taylor, McCann, Meakin and Godfroid-Marecki
NAYS Knapp
The Vice President declared the resolution adopted
The President resumed the gavel at 9.08 p m
On a motion by Taylor, seconded by Knapp, it was
WHEREAS, consumers benefit form greater choice, better
products and competitive prices when the communications marketplace is
driven by competition among many different providers and technologies,
instead of outdated regulation, and
WHEREAS, recent technological developments like wireless telephony
and broadband communications are available to a broad range of
consumers and competitively priced today because policy makers
empowered consumers, instead of regulation, to drive the marketplace,
and
WHEREAS, in major Michigan cities, cable rates have increased 28.2
percent on average over the past five years3 and consumers statewide
continue to suffer from skyrocketing cable rates, and
WHEREAS, consumers are best served by public policy that removes
barriers that could delay or prevent providers from deploying infrastructure
and making investments in communities to offer new communications
services, including Internet-based television (IPTV) services that would
provide much-needed competition to traditional cable television service,
and
WHEREAS, Michigan consumers deserve to enjoy similar benefits from
competition that consumers in the states of Texas, Indiana, Kansas,
Virginia, Oklahoma, South Carolina, North Carolina, California, New
Jersey and Connecticut will and have already begun to experience thanks
to updated state laws and regulations that also spur increased investment
to upgraded infrastructure for the state
THEREFORE, BE IT RESOLVED, that the City of Livonia encourages
policymakers to update and streamline communications laws to
encourage greater competition and remove barriers to entry by new
3 Source Data on Flint, Detroit, Grand Rapids and Holland, based on media reports Available upon
request.
Regular Meeting Minutes of November 8, 2006 35992
competitors offering consumers greater choice of television entertainment
services, and further
BE IT RESOLVED, that the City of Livonia, on behalf of the City Council
members shall convey its support to the Michigan Legislature for
modernized, streamlined communications laws that remove barriers to
entry by new video competitors and that preserve PEG channels and
continuation of free cable service to schools and municipal facilities
A roll call vote was taken on the foregoing resolution with the following result:
AYES Taylor, Knapp and McCann
NAYS Laura, Robinson, Meakin and Godfroid-Marecki
The President declared the resolution denied
Taylor gave First Reading to the following Ordinance.
AN ORDINANCE AMENDING SECTION 31 OF THE ZONING MAP OF
THE CITY OF LIVONIA AND AMENDING ARTICLE III OF ORDINANCE
NO 543, AS AMENDED, KNOWN AND CITED AS "THE CITY OF
LIVONIA ZONING ORDINANCE" BY ADDING SECTION 3
THERETO (Petition 2006-07-01-05)
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 the next regular meeting
Godfroid-Marecki took from the table and gave Second Reading to the
following Ordinance
AN ORDINANCE AMENDING SUBSECTION (a) TO SECTION 8 07 OF
ARTICLE VIII OF ORDINANCE NO 543, AS AMENDED, KNOWN AND
CITED AS "THE CITY OF LIVONIA ZONING ORDINANCE" (Petition
2006-05-06-02)
A roll call vote was taken on the foregoing Ordinance with the following result:
AYES Laura, Taylor, Knapp, Meakin and Godfroid-Marecki
NAYS Robinson and McCann
The President declared the foregoing Ordinance duly adopted, and would become
effective upon publication
RFV-SED PCE
Regular Meeting Minutes of November 8, 2006 35993
Meakin took from the table and gave Second Reading to the following
Ordinance
AN ORDINANCE AMENDING SUBSECTION (j) OF SECTION 9 03 OF
ARTICLE IX OF ORDINANCE NO 543, AS AMENDED, KNOWN AND
CITED AS THE CITY OF LIVONIA ZONING ORDINANCE" (Petition
2006-06-06-02)
A roll call vote was taken on the foregoing Ordinance with the following result:
AYES Laura, Taylor, Knapp, Meakin and Godfroid-Marecki
NAYS Robinson and McCann
The President declared the foregoing Ordinance duly adopted, and would become
effective upon publication
Meakin took took from the table and gave Second Reading to the
following Ordinance
AN ORDINANCE AMENDING SUBSECTION (d) OF SECTION 10 03 OF
ARTICLE X OF ORDINANCE NO 543, AS AMENDED, KNOWN AND
CITED AS "THE CITY OF LIVONIA ZONING ORDINANCE" (Petition
2006-05-06-02)
A roll call vote was taken on the foregoing Ordinance with the following result:
AYES Laura, Taylor, Knapp, Meakin and Godfroid-Marecki
NAYS Robinson and McCann
The President declared the foregoing Ordinance duly adopted, and would become
effective upon publication
Godfroid-Marecki took from the table and gave Second Reading to the
following Ordinance
AN ORDINANCE AMENDING SUBSECTION (i) OF SECTION 11 02 OF
ARTICLE XI OF ORDINANCE NO 543, KNOWN AND CITED AS "THE
CITY OF LIVONIA ZONING ORDINANCE" (Petition 2006-05-06-02)
A roll call vote was taken on the foregoing Ordinance with the following result:
AYES Laura, Taylor, Knapp, Meakin and Godfroid-Marecki
Regular Meeting Minutes of November 8, 2006 35994
NAYS Robinson and McCann
The President declared the Foregoing Ordinance duly adopted, and woud become
effective upon publication
Taylor took from the table and gave Second Reading to the following
Ordinance
AN ORDINANCE VACATING PORTIONS OF STREET ALLEY, AND
PUBLIC GROUND (Petition 2006-06-03-01)
A roll call vote was taken on the foregoing Ordinance with the following result:
AYES Laura, Robinson, Taylor, Knapp, Meakin, Godfroid-Marecki and
McCann
NAYS None
An e-mail from the Planning Department dated, November 6, 2006, re
possible PRDA streetscape improvements on the proposed A&C Animal Hospital
property was received and placed on file for the information of the Council (Petition
2006-08-02-21)
A communication from John 'C Strauch, Mar-Jon Properties, LLC, dated
November 7, 2006, re possible PRDA pillars and fence enhancements for the property
located at 11655 Farmington Road (proposed A&C Animal Hospital) was received and
placed on file for the information of the Council (Petition 2006-08-02-21)
On a motion by Taylor, seconded by Godfroid-Marecki and unanimously
adopted, it was
#557-06 RESOLVED, that having considered a communication from
the City Planning Commission, dated October 5, 2006, which transmits its
Resolution 10-106-2006, adopted on October 3, 2006, with regard to
Petition 2006-08-02-21, submitted by Kreative Designs, Inc , on behalf of
A & C Animal Hospital, requesting waiver use approval to operate a
veterinary hospital located on the west side of Farmington Road between
Plymouth Road and the CSX railroad right-of-way (11655 Farmington
Regular Meeting Minutes of November 8, 2006 35995
Road), in the Southeast 1/4 of Section 28, the Council does hereby concur
in the recommendation of the Planning Commission and Petition 2006-08-
02-21 is hereby approved and granted, subject to the following conditions
1 That the Site Plan marked Sheet C-1 prepared by Kreative
Designs, Inc., dated August 28, 2005, and received by the Planning
Commission on August 30, 2006, 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 competed in accordance with said
plan,
3 That all disturbed lawn areas shall be sodded in lieu of
hydroseeding,
4 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,
5 That the Building Elevations Plan marked Sheet A-1 prepared by
Kreative Designs, Inc , dated August 28, 2005, and received by the
Planning Commission on August 30, 2006, is hereby approved and
shall be adhered to,
6 That the brick used in the construction of the new entry vestibule
shall be full-face 4-inch brick,
7 That all light fixtures shall not exceed 20 feet in height and shall be
shielded to minimize glare trespassing on adjacent properties and
roadways,
8 That the operation of the subject use shall not permit the boarding
of household pets except as is needed for the provision of medical
care for sick or diseased pets,
9 That all animal remains, medical and animal waste shall be stored
in a freezer or other such closed container inside the building,
10 That the following issues as outlined in the correspondence dated
September 8, 2006, from the Inspection Department shall be
resolved to that department's satisfaction
- The parking area shall be repaved and shall be double
striped,
REVISED
Regular Meeting Minutes ofNovember 8, 2006 35996
- That this space, including all restrooms, shall be fully
barrier-free/accessible,
- That the petitioner shall obtain separate property ID
numbers for the separate businesses,
- That adequate soundproofing shall be installed to the
extent necessary to insure the elimination of all noise
from the area used for the treatment and temporary
keeping of such sick and diseased household pets,
11 That the outdoor enclosed dog walking area shall be permitted only
under the circumstances that the prohibition of open or outdoor
runways, kennels, or pens is waived by the City Council by
means of a separate resolution in which two-thirds of the
members of the City Council concur; and further provided, that
the enclosure for the outdoor dog walking area shall be
located adjacent to the south property line immediately west of
the subject building,
12 That the enclosure for the outdoor dog walking area, if approved by
the City Council, and the site's dumpster enclosure shall both be of
masonry construction with gates, as shown in the detail on the
above-referenced Site Plan,
13 That no animals shall be left unattended in the outdoor enclosed
dog walking area,
14 That only conforming signage is approved with this petition, and
any additional signage shall be separately submitted for review and
approval by the Planning Commission and City Council, and
15 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
On a motion by Taylor, seconded by Godfroid-Marecki and adopted, it was
#558-06 RESOLVED, that in connection with Petition 2006-08-02-21,
submitted by Kreative Designs, Inc., on behalf of A & C Animal Hospital,
requesting waiver use approval to operate a veterinary hospital located at
11655 Farmington Road, the Council does hereby waive the prohibition of
open or outdoor runways, kennels or pens set forth in Section 11 03(b)(3)
of Zoning Ordinance No 543, as amended
A roll call vote was taken on the foregoing resolution with the following result:
REVISED
Regular Meeting Minutes of November 8, 2006 35997
AYES Laura, Robinson, Taylor, Knapp, Meakin, Godfroid-Marecki and
McCann
NAYS None
The President declared the resolution adopted
On a motion by Knapp, seconded by Meakin, and unanimously adopted, it
was
#559-06 RESOLVED, that having considered a communication from
the Director of Community Resources, dated October 23, 2006, which
bears the signature of the Finance Director and is approved for
submission by the Mayor, the Council does, for and on behalf of the City
of Livonia, accept the donation of $400 in materials and $1,600 in labor
from Jack Baucus, 38809 Roycroft, Livonia, Michigan 48154, for electrical
work completed on the second floor of the Alexander Blue House at
Greenmead
There was no Audience Communication at the end of the meeting
On a motion by Robinson, seconded by Taylor and unanimously adopted,
the 1,572nd Regular Meeting of the Council of the City of Livonia was adjourned at 9.24
p m , November 8, 2006
Val Vandersloot, City Clerk
Regular Meeting Minutes of November 8, 2006 35997
On a motion by Knapp, seconded by Meakin, and unanimously adopted, it
was
#559-06 RESOLVED, that having considered a communication from
the Director of Community Resources, dated October 23, 2006, which
bears the signature of the Finance Director and is approved for
submission by the Mayor, the Council does, for and on behalf of the City
of Livonia, accept the donation of $400 in materials and $1,600 in labor
from Jack Baucus, 38809 Roycroft, Livonia, Michigan 48154, for electrical
work completed on the second floor of the Alexander Blue House at
Greenmead
There was no Audience Communication at the end of the meeting
On a motion by Robinson, seconded by Taylor and unanimously adopted,
the 1,572nd Regular Meeting of the Council of the City of Livonia was adjourned at 9 24
p m , November 8, 2006
,) LA,
Val Vandersloot, City Clerk