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HomeMy WebLinkAboutCOUNCIL MINUTES 2006-08-09 35827 MINUTES OF THE ONE THOUSAND FIVE HUNDRED SIXTY-SIXTH REGULAR MEETING OF AUGUST 9, 2006 On August 9, 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 led the Council in the recitation of the Pledge of Allegiance 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: Mayor Jack Engebretson, Mark Taormina, City Planner; Sean Kavanagh, City Attorney; Val Vandersloot, City Clerk, Karen Szymula, Director of Legislative Affairs, Kevin Roney, Department of Public Works, Lee Morrow, Planning Commission, Ian Wilshaw, Planning Commission, State Representative John Pastor; former Councilmembers Mike McGee and Dale Jurcisin On a motion by Robinson, seconded by Taylor, and unanimously adopted, it was CR 359-06 RESOLVED, that the minutes of the 1,565th Regular Meeting of the Council held July 17, 2006 are hereby approved as submitted During the audience communication portion of the agenda, City Clerk Val Vandersloot spoke about yesterday's State Primary Election She said that everyone had an opportunity to vote To make this possible, over 350 people worked hard in the weeks leading up to the election, on Election Day at the polls and at City Hall, including the delivery and pick up of the voting equipment throughout the City Publicly, she wanted to thank everyone who made this entire election process possible one more time Regular Meeting of August 9, 2006 35828 Council President McCann announced that a Public Hearing for the following item will be held on Wednesday, September 6, 2006 at 7 00 P M , in the Auditorium of the Livonia City Hall, 33000 Civic Center Drive, Livonia, MI ITEM' Proposed Special Assessment Street Lighting Project Harrison Woods Site Condominiums, N 'A of Section 12, on the south side of Seven Mile Road between Lathers Avenue and Brentwood Avenue Establishment of the Assessment Roll On a motion by Robinson, seconded by Taylor, and unanimously adopted, it was CR 360-06 RESOLVED, that having considered an application from Cindy Wilson, 16759 Westbrook Street, dated July 18, 2006, requesting permission to close Westbrook Street between Woodside and Mallory Court on Saturday, August 26, 2006, from 4 00 p m to 10 00 p m for the purpose of conducting a block party, the Council does hereby grant permission as requested, including therein permission to conduct the said affair on Sunday, August 27, 2006, in the event of inclement weather, the action taken herein being made subject to the approval of the Police Department. On a motion by Taylor, seconded by Knapp, and unanimously adopted, it was CR 361-06 RESOLVED, that having considered an application from James J McGrail, 36781 Rayburn, dated July 24, 2006, requesting permission to close Rayburn between Williams Street and Levan Road on Saturday, August 26, 2006, from 2 00 p m to 10.00 p m for the purpose of conducting a block party, the Council does hereby grant permission as requested, the action taken herein being made subject to the approval of the Police Department. On a motion by Godfroid-Marecki, seconded by Meakin, and unanimously adopted, it was CR 362-06 RESOLVED, that having considered an application from Vikki Thomas, 19749 Donna Street, dated July 26, 2006, requesting permission to close Donna Street between Fairfax and Pembroke on Saturday, September 2, 2006, from 3 00 p m to 10 00 p m for the purpose of conducting a block party, the Council does hereby grant permission as requested, including therein permission to conduct the said affair on Sunday, September 3, 2006, in the event of inclement Regular Meeting of August 9, 2006 35829 weather, the action taken herein being made subject to the approval of the Police Department. On a motion by Knapp, seconded by Taylor, and unanimously adopted, it was CR 363-06 RESOLVED, that having considered an application from Ken Graczyk, 39138 Orangelawn Street, dated July 27, 2006, requesting permission to close Orangelawn Street between Adams and Bassett on Saturday, August 26, 2006, from 3 00 p m to 10 00 p m for the purpose of conducting a block party, the Council does hereby grant permission as requested, including therein permission to conduct the said affair on Sunday, August 27, 2006, in the event of inclement weather, the action taken herein being made subject to the approval of the Police Department. On a motion by Knapp, seconded by Robinson, and unanimously adopted, it was CR 364-06 RESOLVED, that having considered an application from Patricia Carlton, 17318 Rougeway, dated July 31, 2006, requesting permission to close Rougeway between Six Mile Road and Bobrich on Saturday, August 19, 2006, from 2.00 p m to 10 00 p m for the purpose of conducting a block party, the Council does hereby grant permission as requested, including therein permission to conduct the said affair on Saturday, September 9, 2006, in the event of inclement weather, the action taken herein being made subject to the approval of the Police Department. At the direction of the Chair, Item #14 relative to the Crosswinds Court Subdivision, Inc rezoning petition receiving a second reading for an Ordinance amendment was removed from the agenda This item will be placed on a future agenda when the petitioner submits a site plan (Petition 2005-09-01-11) A communication from the Office of the Mayor, dated July 20, 2006, re forwarding the various financial statements of the City of Livonia for the month ending June 30, 2006, was received and placed on file for the information of the Council On a motion by Meakin, seconded by Knapp, it was Regular Meeting of August 9, 2006 35830 CR 365-06 RESOLVED, that having considered an application from Kelly A. Bollman, 30906 Robert Drive, dated June 30, 2006, requesting permission to close Robert Drive between Denne and Sunset on Saturday, September 2, 2006, from 12 00 p m to 10 00 p m for the purpose of conducting a block party, the Council does hereby grant permission as requested, including therein permission to conduct the said affair on Saturday, September 9, 2006, in the event of inclement weather, the action taken herein being made subject to the approval of the Police Department. CR 366-06 RESOLVED, that having considered an application from Janel Barber, 18997 Gillman, dated July 6, 2006, requesting permission to close Gillman between Seven Mile Road and Clarita on Saturday, August 19, 2006, from 12 00 p m to 10 00 p m for the purpose of conducting a block party, the Council does hereby grant permission as requested, including therein permission to conduct the said affair on Saturday, August 26, 2006 or Sunday, August 27, 2006, in the event of inclement weather, the action taken herein being made subject to the approval of the Police Department. CR 367-06 RESOLVED, that having considered an application from Nimoza Favazza, 14052 Cranston, dated July 10, 2006, requesting permission to close Cranston, between Perth and Scone on Saturday, August 12, 2006, from 12 00 p m to 10 00 p m for the purpose of conducting a block party, the Council does hereby grant permission as requested, including therein permission to conduct the said affair on Sunday, August 13, 2006, in the event of inclement weather, the action taken herein being made subject to the approval of the Police Department. CR 368-06 RESOLVED, that having considered a letter from Tim McGee dated July 3, 2006 requesting a waiver of the sidewalk requirement in front of 31790 Norfolk, and having further considered the report and recommendation of the Superintendent of Public Service, dated July 12, 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 CR 369-06 RESOLVED, that having considered a letter from Paul and Rene Dostal, received in the Office of the City Clerk on June 22, fir. 2006 requesting a waiver of the sidewalk requirement in front of 8940 Regular Meeting of August 9, 2006 35831 Houghton, and having further considered the report and recommendation of the Superintendent of Public Service, dated July 12, 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 CR 370-06 RESOLVED, that having considered the report and recommendation of the Chief of Police, dated June 14, 2006, which bears the signature of the Director of Finance and the Director of Public Safety and is approved for submission by the Mayor, the Council does hereby authorize the purchase of a server software upgrade for Offendertrak (Jail Management Software System) for the Police Department from Motorola, Inc , 6000 Spine Rd , Boulder, CO 80301, in the total amount of $34,461 00, the same to be expended from Account Nos 401-000-976-026 and 261-000-987-000 for this purpose, FURTHER, the Council does hereby authorize the purchase of said item without competitive bidding for the reasons indicated in the aforesaid communication, and such action is taken in accordance with Section 3 04 140 D4 of the Livonia Code of Ordinances, as amended CR 371-06 RESOLVED, that having considered the report and recommendation of the Director of Community Resources, dated July 7, 2006, which bears the signature of the Director of Finance and is approved for submission by the Mayor, the Council does hereby authorize the purchase of scheduling software, the first year's maintenance and a server for the Livonia Community Transit Program from Route Match Software, Inc , 1349 West Peachtree St., Suite 1200, Atlanta, GA 30309, in the total amount of $72,000 00, the same to be appropriated and expended from the unexpended fund balance of the Community Transit Fund (218) for this purpose, FURTHER, the Council does hereby determine to authorize the said purchase without competitive bidding inasmuch as the same is based upon the low State of Michigan contract bid price on the server and such action is taken in accordance with the provisions set forth in Section 3 04 140D4 of the Livonia Code of Ordinances, as amended CR 372-06 RESOLVED, that having considered the report and recommendation of the Executive Director of the Housing Commission, dated July 7, 2006, approved for submission by the Mayor, and to which is attached a Hold Harmless Contract between the City of Livonia and First Step for the period August 1, 2006, through July 31, 2007, the Council does hereby authorize the Mayor and City Clerk, for Regular Meeting of August 9, 2006 35832 and on behalf of the City of Livonia, to execute the proposed Hold Harmless Contract in the manner and form herein submitted, as well as to do all other things necessary or incidental to the full performance of this resolution CR 373-06 RESOLVED, that having considered the report and recommendation of the Executive Director of the Housing Commission, dated July 7, 2006, approved for submission by the Mayor, and to which is attached a Hold Harmless Contract between the City of Livonia and Help Source for the period August 1, 2006, through July 31, 2007, the Council does hereby authorize the Mayor and City Clerk, for and on behalf of the City of Livonia, to execute the proposed Hold Harmless Contract in the manner and form herein submitted, as well as to do all other things necessary or incidental to the full performance of this resolution CR 374-06 RESOLVED, that having considered the report and recommendation of the Executive Director of the Housing Commission dated July 7, 2006, approved for submission by the Mayor, and to which is attached a Hold Harmless Contract between the City of Livonia and the Fair Housing Center of Metropolitan Detroit for the period August 1, 2006, through July 31, 2007, the Council does hereby authorize the Mayor and City Clerk, for and on behalf of the City of Livonia, to execute the proposed Hold Harmless Contract in the manner and form herein submitted, as well as to do all other things necessary or incidental to the full performance of this resolution CR 375-06 RESOLVED, that having considered the report and recommendation of the Executive Director of the Housing Commission, dated July 7, 2006, approved for submission by the Mayor, and to which is attached Hold Harmless Contracts between the City of Livonia and John V Farrar, Ed ,D , LPC, Jacque Martin-Downs, MA/MAW, Madonna University; St. John Health System/Eastwood Clinics, Starfish Family Services, Quality Care Counseling, Geriatric Case Management; Joanne Turshnuik, MSW/ACSW, Hegira Programs, Inc.,, and Robert J Rowe, PH D , P C , for the period August 1, 2006 through July 31, 2007 in connection with the CDBG-funded Mental Health Counseling Program, the Council does hereby authorize the Mayor and City Clerk, for and on behalf of the City of Livonia, to execute the proposed Hold Harmless Contracts in the manner and form herein submitted, as well as to do all other things necessary or incidental to the full performance of this resolution CR 376-06 RESOLVED, that having considered a communication from the City Planning Commission, dated July 12, 2006, which transmits its resolution #07-68-2006, adopted on July 11, 2006, with Regular Meeting of August 9, 2006 35833 regard to Petition 2006-05-02-11 submitted by Van Masters requesting waiver use approval to construct a full-service restaurant (Kentucky Fried Chicken) with drive-up window facilities on property located on the north side of Plymouth Road, between Haller Avenue and Camden Road (29060 Plymouth Road), in the Southwest 1/4 of Section 25, the Council does hereby concur in the recommendation of the Planning Commission and Petition 2006-05-02-11 is hereby approved and granted, subject to the following conditions 1 That the Site Plan marked Sheet 1 of Job No 0542 prepared by DCJA Architects, dated June 27, 2006, as revised, is hereby approved and shall be adhered to, 2 That the landscaping shown on the above-referenced Site Plan, including the brick piers and simulated wrought iron fencing as depicted on the Pier/Iron Fencing Detail, is hereby approved and shall be completed in accordance with said plan, 3 That all planted materials required in connection with this waiver use approval shall be installed to the satisfaction of the Inspection Department and thereafter permanently maintained in a healthy condition, 4 That all disturbed lawn areas shall be sodded in lieu of hydroseeding, 5 That underground sprinklers shall be provided for all landscaped and sodded areas regardless of size, 6 That the maximum number of customer seats shall not exceed 60 seats, 7 That the Exterior Elevation Plans marked Sheets 4 and 5 of Job No 0542 prepared by DCJA Architects, both dated June 27, 2006, as revised, are hereby approved and shall be adhered to, 8 That the brick used in the construction shall be full-face 4-inch brick, no exceptions, 9 That all rooftop mechanical equipment shall be concealed from public view on all sides by screening that shall be of a compatible character, material and color to other exterior materials on the building, 10 That the refuse enclosure shall be constructed of brick to match the building and shall have steel gates which, when not in use, shall be closed at all times, Regular Meeting of August 9, 2006 35834 11 That all parking spaces shall be double striped and all accessible spaces shall be marked and signed properly; 12 That two (2) parking spaces shall be designated for drive-thru usage, 13 That light pole heights shall be as specified on the above referenced Site Plan and all light fixtures shall be aimed and shielded so as to minimize stray light trespassing across property lines and glaring into adjacent roadway; 14 That the approval of wall signage, subject to the granting of any needed variances by the Zoning Board of Appeals and any conditions related thereto, includes the following - One (1) wall sign at 35 square feet with the "Colonel's face" graphic, - Illuminated cupola tower; 15 That no LED lightband or exposed neon tubing shall be permitted on the building nor shall the awnings be backlit; 16 That the ground sign depicted in the detail provided on the above-referenced Exterior Elevations Plan marked Sheet 5, to be at a height no higher than seven (7) feet, is hereby approved, subject to the granting of a variance by the Zoning Board of Appeals for excessive ground sign height and any conditions pertaining thereto, 17 That any additional signage beyond that which is permitted under Conditions #14 and #16 above, either freestanding or wall mounted, shall be separately submitted for review and approval by the Planning Commission and City Council, 18 That the landscaped greenbelt along the westerly 40 feet of the north property line, as shown on the above-referenced Site Plan, is hereby accepted and shall be substituted for the protective wall required by Section 18 45 of the Zoning Ordinance, provided, however, that any change of circumstances in the area containing the greenbelt resulting in a diminution of the greenbelt's effectiveness as a protective barrier, the owner of the property shall be required to submit such changes to the Planning Commission and City Council for their review and approval or immediately construct the protective wall pursuant to Section 18 45, Regular Meeting of August 9, 2006 35835 19 That the specific plans referenced in this approving resolution shall be submitted to the Inspection Department at the time of the application for the building permits, 20 That this approval shall incorporate the stipulations and requirements contained in the letter dated June 27, 2006 from the Executive Director of the Plymouth Road Development Authority; 21 That a six (6) foot high vinyl fence shall be installed on the northerly portion of the subject property as depicted on the above-referenced Site Plan, 22 That the hours of operation shall be limited to the time period between 10 30 a m and midnight, seven days a week; and 23 Pursuant to Section 1910 of Ordinance #543, the Zoning Ordinance of the City of Livonia, this approval is valid for a period of one year only, and unless a building permit is obtained and construction has commenced, 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 Laura, Robinson, Taylor, Knapp, Meakin, Godfroid-Marecki and McCann NAYS None A communication from Hubbard, Fox, Thomas, White & Bengtson, P C , dated August 8, 2006 re Bakewell Drain and a license agreement between Moghul Investments, LLC, and Wayne County to encroach on a portion of the drainage easement relative to the construction of a medical building at 15150 Levan Road, was received and placed on file for the information of the Council (Petition 2006-01-08-04) On a motion by Taylor, seconded by Godfroid-Marecki, and unanimously adopted, it was Regular Meeting of August 9, 2006 35836 CR 377-06 RESOLVED, that having considered communication from the City Planning Commission, dated March 27, 2006, which transmits its resolution 03-38-2006, adopted on March 21, 2006, with regard to Petition 2006-01-08-04, submitted by Moghul Investments, LLC, requesting site plan approval in connection with a proposal to construct a medical building on property located at 15150 Levan Road, on the east side of Levan Road between Five Mile Road and Jamison Road in the Northeast 1/4 of Section 20, pursuant to the provisions set forth in Section 18 58 of Ordinance 543, as amended, the Council does hereby reject the recommendation made by the Planning Commission and Petition 2006-01-08-04 is hereby denied for the following reasons 1 That the petitioner has failed to comply with all general standards and requirements as set forth in Sections 18 58 and 19 06 of the Zoning Ordinance, 2 That the layout of the proposed development would have a detrimental effect upon the neighboring properties, 3 That the proposed use would unduly tax and conflict with the established and normal traffic flow of the area, 4 That the proposal creates significant adverse impacts on adjoining parcels, public services, and community planning efforts, 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 representative for the petitioner spoke to the Council about the drainage easement relating to the proposed construction of a medical building at 15150 Levan Road Roger Degan, 15127 Woodside, spoke in opposition to the proposed construction of a medical building at 15150 Levan Road On a motion by Robinson, seconded by Laura, and unanimously adopted, it was CR 378-06 RESOLVED, that having considered the report and recommendation of the Committee of the Whole, dated July 11, 2006, submitted pursuant to Council Resolution 165-03, and having considered a communication from the City Planning Commission, dated January 16, 2003, which sets forth its resolution 01-01-2003 adopted on January 14, 2003, with regard to Petition 2002-11-01-17, Regular Meeting of August 9, 2006 35837 submitted by Brian Peters for a change of zoning of property located on the west side of Newburgh Road between Joy Road and Ann Arbor Trail in the Southeast 1/4 of Section 31 from RUF to R-1, and the Council having conducted a public hearing with regard to this matter on March 24, 2003, the Council does hereby determine to take no further action with respect to this petition based upon the petitioner's request to withdraw this petition A communication from Leo Soave, Leo Soave Building Company, dated June 14, 2006, re his request to withdraw Petition 2002-04-01-04 relative to the rezoning of property located on the south side of Six Mile Road between Oporto Street and Middlebelt Road in the Northeast 1/4 of Section 14, from RUF to OS, was received and placed on file for the information of the Council On a motion by Taylor, seconded by Laura, and unanimously adopted, it was CR 379-06 RESOLVED, that having considered the report and recommendation of the Committee of the Whole, dated July 11, 2006, submitted pursuant to Council Resolution 538-02, and having considered a communication from Leo Soave, Leo Soave Building Company, dated June 14, 2006, wherein it is requested that Petition 2002-04-01-04, submitted by Leo Soave for a change of zoning of property located on the south side of Six Mile Road between Oporto Street and Middlebelt Road in the Northeast 1/4 of Section 14, from RUF to OS, be withdrawn, the Council does hereby determine to take no further action with respect to this petition based upon the petitioner's request to withdraw this petition A communication from the Mayor, dated July 6, 2006, re reference materials from U S Department of Justice — "A Guide to Equitable Sharing of Federally Forfeited Property for State and Local Law Enforcement Agencies" dated March 1994 and Department of the Treasury — "Guide to Equitable Sharing for Foreign Countries and Federal, State, and Local Law Enforcement Agencies" dated April 2004, was received and placed on file for the information of the Council Regular Meeting of August 9, 2006 35838 The matter of forfeiture funds and how they can be used is to remain in the Committee of the Whole Councilmember Taylor took from the table, for second reading reading and adoption, the following Ordinance AN ORDINANCE AMENDING SECTION 010 OF TITLE 12, CHAPTER 16 (PARKS AND PLAYGROUNDS) OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED A roll call vote was taken on the foregoing Ordinance with the following result: AYES Laura, Robinson, Taylor, Meakin, Godfroid-Marecki and McCann NAYS Knapp The President declared the foregoing Ordinance duly adopted, and would become effective on publication Councilmember Taylor took from the table, for second reading and adoption, the following Ordinance AN ORDINANCE AMENDING SECTION 020 OF TITLE 12, CHAPTER 18 (NAMING OF PUBLIC PLACES AND BUILDINGS) OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED Kevin McNamara, 46481 Killarney Court, Canton, spoke on behalf of the entire McNamara family, and thanked the Council for the recognition being given to his late father, former Mayor Edward H McNamara by changing the name of Livonia Civic Center Building to the Livonia City Hall-Edward H McNamara Building State Representative John Pastor spoke in favor of the proposed renaming of the Livonia Civic Center Building to the Livonia City Hall-Edward H McNamara Building, and he presented a plaque to the McNamara family Dan Mulhern, 2820 Oxford, Lansing, spoke in favor of the proposed renaming of the Livonia Civic Center Building in recognition of former Mayor Edward H McNamara, and spoke about former Mayor McNamara's ability to unify the City of Detroit and the suburbs of Wayne County Regular Meeting of August 9, 2006 35839 Bernard Parker, Wayne County Commissioner, 409 Newtown, Detroit, reminisced about his acquaintance with former Mayor Edward H McNamara imp Mayor Jack Engebretson spoke in spoke in favor of the proposed renaming of the Livonia Civic Center Building, and spoke of his memories of former Mayor Edward H McNamara Council President McCann passed the gavel to Vice-President Knapp at 8 35 p m at which time he spoke about his memories of former Mayor Edward H McNamara A roll call vote was taken on the foregoing Ordinance with the following result: AYES Robinson, Taylor, Meakin, Godfroid-Marecki, and McCann NAYS Laura and Knapp The President declared the foregoing Ordinance duly adopted, and would become effective on publication Council Vice-President Knapp returned the gavel to Council President McCann at 840pm tirio On a motion byKnapp,pp, seconded by Meakin, and unanimously adopted, it was CR 380-06 RESOLVED, that having considered a communication from the Director of Finance, dated July 25, 2006, approved for submission by the Mayor, the Council does hereby determine to conduct a public hearing on Monday, October 9, 2006, at 7 00 p m at the Livonia City Hall, 33000 Civic Center Drive, Livonia, Michigan, with respect to the following items 1 The proposed annual budget for the City of Livonia for the fiscal year ending November 30, 2007, and 2 The public hearing required by Act 5 PA 1982, in connection with the Truth in Taxation Hearing, and the City Clerk shall give adequate public notice of said public hearing in accordance with provisions of law and City Charter On a motion by Knapp, seconded by Godfroid-Marecki, and unanimously adopted, it was Regular Meeting of August 9, 2006 35840 CR 381-06 RESOLVED, that having considered a communication from the Director of Finance, dated July 25, 2006, approved for submission by the Mayor, the Council does hereby refer the subject of the Annual Budget for the fiscal year ending November 30, 2007, to the Finance, Insurance and Budget Committee for its report and recommendation On a motion by Meakin, seconded by Robinson, and unanimously adopted, this 1,566th Regular Meeting of the Council of the City of Livonia was adjourned at 8 42 p m , August 9, 2006 Val Vandersloot, City Clerk