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HomeMy WebLinkAboutCOUNCIL MINUTES 2006-01-18 35506 MINUTES OF THE ONE THOUSAND FIVE HUNDRED FIFTY-SECOND REGULAR MEETING OF JANUARY 18, 2006 On January 18, 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 Knapp offered the National Police Officer's Prayer in honor of Sgt. Anthony Cracchiolo who died earlier this week from a heart attack. Roll was called with the following result: Donald Knapp, Brian Meakin, Terry Godfroid-Marecki, Joe Laura, Thomas Robinson, Gerald Taylor, and James McCann Absent: None Elected and appointed officials present. Mayor Jack Engebretson, Robert Schron, City Engineer; Mark Taormina, City Planner; Sean Kavanagh, City Attorney; Val Vandersloot, City Clerk and Karen Szymula, Director of Legislative Affairs On a motion by Taylor, seconded by Godfroid-Marecki, it was CR 01-06 RESOLVED, that the minutes of the 1,551st Regular Meeting of the Council held December 21, 2005 are hereby approved as submitted A roll call vote was taken on the foregoing resolution with the following result: AYES Knapp, Meakin, Godfroid-Marecki, Robinson, Taylor, and McCann NAYS None PRESENT Laura Council President McCann announced that a Public Hearing for the following item would be held on Monday, February 13, 2006 at TOO p m , in the Auditorium of the Livonia City Hall, 33000 Civic Center Drive, Livonia, MI 35507 Regular Meeting of January 18, 2006 Robert Sakuta, President of Delta Research Corporation, 32971 Capitol, Livonia, MI 48150, requests approval of an Industrial Facilities Exemption Certificate for the facility located at 32971 Capitol, Livonia, MI 48150 (IDD #80) During the audience communication portion of the agenda at the beginning of the meeting, Councilmember Godfrod-Marecki offered a tribute to Sgt. Anthony Cracchiolo, with whom she had attended school A communication from the Office of the Mayor, dated December 19, 2005, re forwarding the Annual Report for fiscal year 2004-2005 which reflects activities of the Livonia City Departments, Commissions and Boards, was received and placed on file for the information of the Council On a motion by Robsinson, seconded by Meakin, it was CR 02-06 RESOLVED, that having considered a communication from the City Clerk, dated December 1, 2005, forwarding an application submitted by Fawne R. Dugan, 32537 Palmer Road, Westland, Michigan 48186, for a therapeutic massage apprentice permit, the Council does hereby deny this request based upon the petitioner's failure to appear at the Council meeting regarding this request; and the City Clerk is hereby requested to do all things necessary or incidental to the full performance of this resolution A communication from the Office of the City Clerk, dated December 7, 2005, re forwarding a communication from the Executive Director, Administrative & Financial Services, Wayne County Regional Educational Service Agency (RESA) requesting the City to continue to collect 100% of their intermediate school property taxes in our summer tax collection, was received and placed on file for the information of the Council CR 03-06 RESOLVED, that having considered a communication from the President and Secretary of Senior Citizen Achievement Needs (S C.A.N ) and the Director of Community Resources, dated December 12, 2005, which bears the signature of the Director of Finance and is approved for submission by the Mayor, the Council does, for and on behalf of the City of Livonia, accept the donation of a 2006 E350 XL Ford lift-equipped van valued at $49,530 00 from Senior Citizen Achievement 35508 Regular Meeting of January 18, 2006 Needs (S C.A.N ) to be used in conjunction with the Senior Center Transportation Program CR 04-06 RESOLVED, that having considered the report and recommendation of the Director of Inspection, dated December 19, 2005, which bears the signature of the Director of Finance and is approved for submission by the Mayor, the Council does hereby accept the quotation of J R. Mathews, Inc., P 0 Box 530334, Livonia, Michigan 48152, to demolish and remove the structure located at 27933 Long, in the amount of $6,800 00, pursuant to Council Resolution 542-05, adopted on November 14, 2005, FURTHER, the Council does hereby authorize the transfer of the amount of $6,800 00 from the unexpended fund balance of the Municipal Refuse Fund to Account No 205-525-882-050 (Civic Improvement - Unsafe Building) for this purpose, FURTHER, the Council does hereby authorize and appropriate an expenditure in the amount of $6,800 00 from Account No 205-525-882-050 (Civic Improvement - Unsafe Building) for this purpose, with the understanding that said account be reimbursed at such time as funds are subsequently recovered from the owners of such property, as provided for in Chapter 15 52 180 of the Livonia Code of Ordinances, as amended CR 05-06 RESOLVED, that having considered the report and recommendation of the Director of Finance, dated January 5, 2006, as revised, approved for submission by the Mayor, and to which is attached (as Exhibit A) a summary of quotes received for the lease purchase of copy machines for various City departments, the Council does hereby authorize the lease of one copy machine from Lanier Worldwide, Inc , 20700 Civic Center Drive, Suite 350, Southfield, Michigan 48076, for use by the Fire Department; the lease of one copy machine from Ricoh Business Systems, 31478 Industrial Road, Suite 200, Livonia, Michigan 48150, for use by the Housing Commission - Silver Village, and the lease of two copy machines from Ikon Office Solutions, Inc., 26800 Meadowbrook, Novi, Michigan 48377, for use by the Civil Service Department and Public Service Division, for a 48-month period for amounts, items and prices indicated on the aforementioned Exhibit A, at the end of which time title to the copiers will be transferred to the City CR 06-06 RESOLVED, that having considered a letter from the Michigan Liquor Control Commission, dated August 30, 2005, and the report and recommendation of the Chief of Police, dated December 9, 2005, which bears the signature of the Director of Public Safety and is approved for submission by the Mayor, the Council does hereby approve of the request from AMNS, Inc , for transfer of ownership of a 2005 SDD & SDM Licensed Business from Tweeny's Market, Inc , for a business located at 19191 Merriman Road, Livonia, Michigan 48152, Wayne 35509 Regular Meeting of January 18, 2006 County; and the City Clerk is hereby requested to forward a certified copy of this resolution to the Michigan Liquor Control Commission CR 07-06 RESOLVED, that having considered the report and recommendation of the Chief of Police, dated November 25, 2005, which bears the signatures of the Director of Finance and the Director of Public Safety and is approved for submission by the Mayor, the Council does hereby accept the bid of Seaway Painting, L.L C , 31801 Schoolcraft, Livonia, Michigan 48150, for cleaning, painting and sealing of the Bullet Containment System at the Livonia Police Department Range Training Facility located at 32300 Glendale, in the amount of$17,759 00, the same having been in fact the lowest bid received and meets all specifications, FURTHER, the Council does hereby authorize an expenditure in the total amount of $17,759 00 from funds already budgeted in Account No 265- 334-975-000 (Federal Forfeiture Capital Outlay - Building) for this purpose, and the Mayor and City Clerk are hereby authorized to execute a contract for and on behalf of the City of Livonia with the aforesaid bidder and to do all other things necessary or incidental to the full performance of this resolution CR 08-06 RESOLVED, that having considered the report and recommendation of the Chief of Police, dated December 8, 2005, which bears the signatures of the Director of Finance and the Director of Public Safety and is approved for submission by the Mayor, requesting to modify user fees for obtaining copies of crash reports from the current fee of $5 00 to $13 00 per report to bring the fee in line with the company's fee that processes and posts the crash reports on their website, the Council does hereby concur in and approve this request. CR 09-06 RESOLVED, that having considered a communication from the Water and Sewer Board, dated December 2, 2005, which bears the signature of the Director of Finance and is approved for submission by the Mayor, and which transmits its resolution WS 3626 11/05, the Council does hereby accept the proposal received on November 7, 2005, from Invensys Metering Systems, Inc , 1501 Ardmore Boulevard, Pittsburgh, Pennsylvania 15221, to supply small diameter water meters, compound water meters and fire line meters and testers for the period January 1, 2006 through December 31, 2006, based upon the unit prices set forth in the attachment therein and based upon no increase over existing prices from 2005, FURTHER, the Council does hereby authorize such expenditure from funds already budgeted in the Water and Sewer Fund Inventory - Water Meters (Account No 592-111-060) for this purpose, FURTHER, the Council does hereby authorize the purchase of said items without competitive bidding for the reasons indicated in the aforesaid communication, and such action is taken in accordance with the 35510 Regular Meeting of January 18, 2006 provisions set forth in Section 3 04 140D4 of the Livonia Code of Ordinances, as amended CR 10-06 RESOLVED, that having considered the report and recommendation of the Director of Public Works and the Superintendent of Public Service, dated December 9, 2005, 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 gasoline and diesel fuel for truck transport unmetered (5,000 gallons or more) through the Michigan Intergovernmental Trade Network (MITN) from Mansfield Oil Company, 1025 Airport Parkway, S W , Gainesville, Georgia 30501, for the period February 1, 2006 through January 31, 2008, under the terms and conditions of the original bid accepted January 28, 2004, FURTHER, the Council does hereby authorize the purchase of diesel fuel and gasoline for tank wagon metered (5,000 gallons or less) through the Michigan Intergovernmental Trade Network (MITN) from Atlas Oil Company, 24501 Ecorse Road, Taylor, Michigan 48180, for the period February 1, 2006 through January 31, 2008, under the terms and conditions of the original bid accepted January 28, 2004, such funds to be expended from funds already budgeted in Account No 101-446-751-000 (Public Service Gas and Oil) and Account No 101-309-751-000 (Police Gas and Oil) and Account No 101-338-751-000 (Fire Gas and Oil) for this purpose, FURTHER, actual billing for such gasoline and diesel fuel will consist of the daily wholesale price at the Detroit terminal according to the daily Platt's Oilgram Price Report to which the previously accepted markup amounts (pursuant to Council Resolution No 35-04, adopted on January 28, 2004) will be added and the previously accepted markdown amounts will be subtracted, FURTHER, the Council does hereby determine to authorize the said purchases without competitive bidding for the reasons indicated in the aforesaid communication, 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 A communication from the Engineering Division, dated December 5, 2005, - Administrative Response - re the complaint of Mr Robert Crawford regarding a drainage problem at his residence located at 14441 Arden, was received and placed on file for the information of the Council (CR 489-05) CR 11-06 RESOLVED, that having considered the report and recommendation of the City Engineer, dated December 5, 2005, approved by the Director of Public Works and is approved for submission by the Mayor, submitted pursuant to Council Resolution 489-05, with regard to a drainage complaint at 14441 Arden, the council does hereby refer the 35511 Regular Meeting of January 18, 2006 subject of the amount of brick pavers (and the percentage of lot coverage) that can be installed on residential lots to the Water, Sewer and Waste Committee for its report and recommendation CR 12-06 RESOLVED, that having considered a communication from the City Clerk, dated December 21, 2005, which indicates that the proprietor of Rambling Acres Subdivision, proposed to be located on the west side of Farmington Road between Plymouth Road and Hathaway Avenue in the Northeast 1/4 of Section 33, has delivered final true plats to the City Clerk and requested that said plat be presented to Council for final approval, and the Council having received a communication from the City Planning Commission, dated December 14, 2005, wherein said Commission approves the final plat for the said subdivision in its resolution 12-132-2005, adopted on December 13, 2005, and the Council having considered a report from the City Engineer, dated November 23, 2005, recommending approval of the final plat of said subdivision, the preliminary plat of which was approved by the Council in its resolution 719-01, adopted on November 7, 2001, said preliminary plat having been recommended for approval by the City Planning Commission on October 2, 2001 in its resolution 10-154-2001, now, therefore, the Council does hereby determine to grant its approval to extend the preliminary plat and approve the final plat of Rambling Acres Subdivision, proposed to be located on the west side of Farmington Road between Plymouth Road and Hathaway Avenue in the Northeast 1/4 of Section 33, City of Livonia, Wayne County, Michigan, as submitted by the proprietor thereof, which proprietor is also hereby required to do all things necessary to obtain full compliance with the Subdivision Control Act of Michigan of 1967, as amended, and the ordinances of the City of Livonia, and further, the City Clerk is hereby requested to do all things necessary or incidental to the full performance of this resolution A communication from the Fire Marshal, dated January 5, 2006, re no objection to the amended site plan submitted by St. Michael's School for parking lot lighting, was received and placed on file for the information of the Council (Pet. 1996- 07-02-22) CR 13-06 RESOLVED, that having considered a communication from the City Planning Commission, dated December 19, 2005, which transmits its resolution 12-125-2005 adopted on December 13, 2005, with regard to a request submitted by St. Michael Church, to amend the site plan and conditions of the waiver use previously approved by the City Council on October 16, 1996 in Council Resolution 955-96, with respect to Petition 96- 07-02-22 so as to allow the basketball stands and boards to remain and to 35512 Regular Meeting of January 18, 2006 delete the parking lot lighting requirement for the large parking lot south of the school, in connection with the construction of an addition to St. Michael Catholic School located at 11441 Hubbard Road, on the south side of Plymouth Road, between Hubbard Road and Fairfield Avenue in the Northwest 1/4 of Section 34, the Council does hereby concur in the recommendation of the Planning Commission and the amended site plan and conditions of the waiver use in connection with waiver Petition 96-07- 02-22 are hereby approved and granted, subject to the following conditions 1 That the Site Plan approved in connection with Petition 96-07-02- 22, which granted approval for the construction of an addition to St. Michael School (Council Resolution #955-96), is amended with respect to the site lighting design, subject to the condition that the petitioner shall work with the Fire Marshal to develop an alternative solution for providing adequate lighting in the area immediately south of the school building (such as by means of shielded light fixtures mounted on the building) for emergency situations, 2 That the approved Site Plan is amended to delete the requirement for the removal of the existing basketball stands and boards so that this equipment may be allowed to remain as it is currently positioned, 3 That all other conditions imposed by Council Resolution #955-96 shall remain in effect to the extent that they are not in conflict with the foregoing conditions, including the following items, which shall be completed to the satisfaction of the Inspection Department: - That bumper blocks shall be installed (after the storm drain is installed) along the south property line adjacent to the residential district, - That the south parking lot will be striped in accordance with the approved Site Plan CR 14-06 WHEREAS, pursuant to state law, the City Planning Commission is responsible for the preparation of a Capital Improvements Program for the ensuing six years, and WHEREAS, the 2006 - 2011 Capital Improvements Program, prepared through a joint effort of several City departments, has been submitted to the City Planning Commission for consideration, and WHEREAS, duly-noticed City Planning Commission public meetings were held on June 28, 2005 and December 13, 2005, and 35513 Regular Meeting of January 18, 2006 WHEREAS, the Capital Improvements Program presents a realistic program to aid in the determination of a complete fiscal planning strategy for the City of Livonia, and WHEREAS, the City Planning Commission has indicated that it stands ready to do all things necessary to cooperate with the Mayor and City Council in maintaining a functioning program of capital improvements and capital budgeting for the City of Livonia, and WHEREAS, the City Planning Commission has adopted the 2006 - 2011 Capital Improvements Program, and WHEREAS, the City Planning Commission has recommended that the City Council adopt this Capital Improvements Program and use it as a guide to funding priority capital projects with the program NOW, THEREFORE, BE IT RESOLVED, that the City Council does hereby adopt the 2006-2011 Capital Improvements Program as recommended by the City Planning Commission CR 15-06 RESOLVED, that having considered the report and recommendation of the City Planning Commission, dated December 20, 2005, approved for submission by the Mayor, the Council does hereby refer the subject of the 2006 - 2011 Capital Improvements Program to the Capital Improvements Committee for tracking purposes A roll call vote was taken on the foregoing resolutions with the following result: AYES Knapp, Meakin, Godfroid-Marecki, Laura, Robinson, Taylor, and McCann NAYS None A communication from the Committee of the Whole Meeting, dated January 4, 2006, re Chairpersons and members of the various Council Committees for the years 2006-2007 listed as follows, was received and placed on file for the information of the Council Committee of the Whole James C McCann Chairman All Councilmembers ire. 35514 Regular Meeting of January 18, 2006 Capital improvement Committee Brian Meakin Chairman Joe Laura Thomas Robinson Finance, Insurance and Budget Committee Don Knapp Chairman Terry Godfroid-Marecki Brian Meakin Legislative Committee Thomas Robinson Chairman Don Knapp Gerald Taylor Economic Development, Community Outreach And Schools Liaison Committee Terry Godfroid-Marecki Chairman Joe Laura Brian Meakin Streets, Roads and Plats Committee Joe Laura Chairman Thomas Robinson Gerald Taylor Water, Sewer and Waste Committee Gerald Taylor Chairman Terry Godfroid-Marecki Don Knapp On a motion by Taylor, seconded by Laura, and unanimously adopted, it was CR 16-06 RESOLVED, that having considered the report and recommendation of the Committee of the Whole, dated January 4, 2006, submitted pursuant to Council Resolution 498-05, the Council does hereby designate Brian Meakin as the City's Delegate to the Southeast Michigan Council of Governments and does hereby designate Joe Laura as the City's alternate on a continuing basis, or until further order of this Council by Council resolution On a motion by Laura, seconded by Robinson, and unanimously adopted, it was 35515 Regular Meeting of January 18, 2006 CR 17-06 RESOLVED, that having considered the report and recommendation of the Committee of the Whole, dated January 4, 2006, submitted pursuant to Council Resolution 498-05, the Council does hereby designate Gerald Taylor to serve as the Council Representative on the Board of Directors of the Livonia Anniversary Committee (SPREE) on a continuing basis, or until further order of this Council by Council resolution On a motion by Taylor, seconded by Meakin, and unanimously adopted, it was CR 18-06 RESOLVED, that having considered the report and recommendation of the Committee of the Whole, dated January 4, 2006, submitted pursuant to Council Resolution 498-05, with regard to the Annual Meeting of the Michigan Municipal Risk Management Authority, the Council does hereby determine to designate the Director of Finance, Michael T Slater, as the Official Representative and Voting Representative of the City of Livonia and does further designate Joe Laura as the alternate on a continuing basis, or until further order of this Council by Council resolution On a motion by Meakin, seconded by Godfroid-Marecki, and unanimously adopted, it was CR 19-06 RESOLVED, that having considered the report and recommendation of the Committee of the Whole, dated January 4, 2006, submitted pursuant to Council Resolution 498-05, the Council does hereby designate Don Knapp as Parliamentarian of the City Council on a continuing basis, or until further order of this Council by Council resolution On a motion by Robinson, seconded by Taylor, and unanimously adopted, it was CR 20-06 RESOLVED, that having considered the report and recommendation of the Committee of the Whole, dated January 4, 2006, submitted pursuant to Council Resolution 498-05, the Council does hereby determine to designate Terry Godfroid-Marecki to serve on the City's Community Tree Committee on a continuing basis, or until further order of this Council by Council resolution On a motion by Knapp, seconded by Robinson, and unanimously adopted, it was 35516 Regular Meeting of January 18, 2006 CR 21-06 RESOLVED, that having considered the report and recommendation of the Committee of the Whole, dated January 4, 2006, submitted pursuant to Council Resolution 498-05, the Council does hereby determine to designate Gerald Taylor to serve on the Customer Satisfaction Team for the Honeywell System on a continuing basis, or until further order of this Council by Council resolution Councilmember Knapp gave first reading to the following Ordinance AN ORDINANCE AMENDING SECTION 110 OF TITLE 5, CHAPTER 49 (MASSAGE) 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 above Ordinance was placed on the table for consideration at the next regular meeting A communication from the Department of Law, dated January 13, 2006, re the revised language for proposed Ordinance Amendment to Chapter 9 22 (Indecent and Improper Conduct) of the Livonia Code of Ordinances, as amended, was received and placed on file for the information of the Council Councilmember Knapp gave first reading to the following Ordinance AN ORDINANCE AMENDING SECTION 030 OF TITLE 9, CHAPTER 16 (LARCENY) 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 above Ordinance was placed on the table for consideration at the next regular meeting Councilmember Knapp gave first reading to the following Ordinance AN ORDINANCE AMENDING CHAPTER 17 (RETAIL FRAUD IN THE THIRD DEGREE) OF TITLE 9, OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED 35517 Regular Meeting of January 18, 2006 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 Councilmember Taylor gave first reading to the following Ordinance AN ORDINANCE REPEALING CHAPTER 24 (INDECENT LANGUAGE) OF TITLE 9 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 above Ordinance was placed on the table for consideration at the next regular meeting Councilmember Godfroid-Marecki gave first reading to the following Ordinance AN ORDINANCE AMENDING CHAPTER 32 (ALCOHOLIC LIQUOR) OF TITLE 9 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 above Ordinance was placed on the table for consideration at the next regular meeting Councilmember Robinson gave first reading to the following Ordinance AN ORDINANCE AMENDING CHAPTER 40 (DISORDERLY PERSONS) OF TITLE 9 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 above Ordinance was placed on the table for consideration at the next regular meeting 35518 Regular Meeting of January 18, 2006 Councilmember Godfroid-Marecki gave first reading to the following Ordinance AN ORDINANCE AMENDING SECTION 040 OF TITLE 9, CHAPTER 54 (TRESPASS) 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 above Ordinance was placed on the table for consideration at the next regular meeting Councilmember Knapp gave first reading to the following Ordinance AN ORDINANCE AMENDING SECTIONS 010 AND 020 OF TITLE 9, CHAPTER 56 (MALICIOUS MISCHIEF) 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 above Ordinance was placed on the table for consideration at the next regular meeting Councilmember Knapp gave first reading to the following Ordinance AN ORDINANCE AMENDING SECTIONS 020 AND 030 OF TITLE 9, CHAPTER 66 (BAD CHECKS) 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 above Ordinance was placed on the table for consideration at the next regular meeting Councilmember Robinson gave first reading to the following Ordinance AN ORDINANCE AMENDING SECTION 010 OF TITLE 9, CHAPTER 68 (FRAUD) OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED 35519 Regular Meeting of January 18, 2006 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 Councilmember Godfroid-Marecki gave first reading to the following Ordinance AN ORDINANCE REPEALING CHAPTER 72 (FORTUNETELLING AND PALMISTRY) OF TITLE 9 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 above Ordinance was placed on the table for consideration at the next regular meeting Councilmember Taylor gave first reading to the following Ordinance AN ORDINANCE AMENDING SECTIONS 020, 050, 070 AND 190 OF TITLE 9, CHAPTER 94 (FIREARMS AND DANGEROUS WEAPONS) 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 above Ordinance was placed on the table for consideration at the next regular meeting Councilmember Knapp took from the table, for second reading and adoption, the following Ordinance AN ORDINANCE AMENDING SECTION 7 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 2005-09-01-13) A roll call vote was taken on the foregoing Ordinance with the following result: 35520 Regular Meeting of January 18, 2006 AYES Knapp, Meakin, Godfroid-Marecki, Laura, Robinson, Taylor, and dMcCann NAYS None The President declared the foregoing Ordinance duly adopted, and would become effective on publication On a motion by Laura, seconded by Taylor, it was RESOLVED, that having considered the request of Councilmember Joe Laura at the Study Meeting of January 9, 2006, the Council does hereby refer the subject of petitioning the State to create a standardized process for companies to wire communities through telephone lines (FTTP — Fiber to Premise) for cable and internet connection to the Administration for its report and recommendation A roll call vote was taken on the foregoing resolution with the following result: AYES Laura and Taylor NAYS Knapp, Meakin, Godfroid-Marecki, Robinson and McCann The President declared the resolution failed On a motion by Laura, seconded by Taylor, it was RESOLVED, that having considered the request of Councilmember Joe Laura at the Study Meeting of January 9, 2006, the Council does hereby refer the subject of cable/internet competition to the Committee of the Whole for tracking purposes A roll call vote was taken on the foregoing resolution with the following result: AYES Laura and Taylor NAYS Knapp, Meakin, Godfroid-Marecki, Robinson and McCann The President declared the resolution failed On a motion by Laura, seconded by Knapp, it was CR 22-06 RESOLVED, that having considered the request of Councilmember Joe Laura at the Study Meeting of January 9, 2006, the Council does hereby refer the subject of a five-year budget process for the 35521 Regular Meeting of January 18, 2006 City to the Finance, Insurance and Budget Committee for its report and recommendation A roll call vote was taken on the foregoing resolution with the following result: AYES Knapp, Laura, Taylor and McCann NAYS Meakin, Godfroid-Marecki and Robinson The President declared the resolution duly adopted A communication from Douglas W Day, 14364 Gary Lane, Livonia, dated January 13, 2006, re his opposition to the proposed purchase of Dodge Chargers for use as police vehicles, was received and placed on file for the information of the Council An e-mail communication from Councilmember Joe Laura, dated January 12, 2006, re purchasing Ford Crown Victorias for use as police vehicles, was received and placed on file for the information of the Council An e-mail communication from Brett Bartoszek, 29841 Barkley, Livonia, dated January 11, 2006, re his reasons for opposing the proposed purchase of Dodge Chargers for use as police vehicles, was received and placed on file for the information of the Council A communication from the Police Chief Stevenson, dated January 13, 2006, - Administrative Response -re concerns about the proposed purchase of six Dodge Charger Police Vehicles, was received and placed on file for the information of the Council On a motion by Laura, seconded by Robinson, it was RESOLVED, that having considered the report and recommendation of the Chief of Police, dated December 16, 2005, which bears the signatures of the Director of Finance and the Director of Public 35522 Regular Meeting of January 18, 2006 Safety and is approved for submission by the Mayor, the Council does hereby resolve to purchase fifteen (15) Crown Victoria Police Vehicles and zero (0) Dodge Charger Police Vehicles 4iar On a motion by Meakin, seconded by Knapp, it was. RESOLVED, that the City Council does hereby determine, in lieu of the foregoing resolution, to substitute the following RESOLVED, that having considered the report and recommendation of the Chief of Police, dated December 16, 2005, which bears the signatures of the Director of Finance and the Director of Public Safety and is approved for submission by the Mayor, with regard to the purchase of 13 vehicles for the Patrol Bureau and 2 vehicles for the Intelligence Bureau, the Council does hereby refer this item to the Capital Improvement Committee for its report and recommendation A roll call vote was taken on the motion to substitute as follows AYES Knapp, Meakin, Godfroid-Marecki, Robinson, Taylor and McCann NAYS Laura The President declared the motion to substitute adopted A roll call vote was then taken on the proposed substitute resolution by Meakin, seconded by Knapp, as follows CR 23-06 RESOLVED, that having considered the report and recommendation of the Chief of Police, dated December 16, 2005, which bears the signatures of the Director of Finance and the Director of Public Safety and is approved for submission by the Mayor, with regard to the purchase of 13 vehicles for the Patrol Bureau and 2 vehicles for the Intelligence Bureau, the Council does hereby refer this item to the Capital Improvement Committee for its report and recommendation with the following result: AYES Knapp, Meakin, Godfroid-Marecki, Laura, Robinson, Taylor and McCann NAYS None The President declared the resolution duly adopted On a motion by Taylor, seconded by Godfroid-Marecki, and unanimously 35523 Regular Meeting of January 18, 2006 adopted, it was CR 24-06 RESOLVED, that having considered a communication from the City Planning Commission, dated December 19, 2005, which transmits its resolution 12-126-2005, adopted on December 13, 2005, with regard to Petition 2005-10-02-19, submitted by Target Corporation, requesting waiver use approval to utilize an SDM (packaged beer and wine) license in connection with a Target Store located at 20100 Haggerty Road, on the east side of Haggerty Road between Seven Mile Road and Eight Mile Road in the Northwest 1/4 of Section 6, which property is zoned C-2, the Council does hereby concur in the recommendation of the Planning Commission and Petition 2005-10-02-19 is hereby approved and granted, subject to the following conditions 1 That the proposed use is in compliance with all of the general waiver use standards and requirements as set forth in Section 19 06 of Zoning Ordinance No 543, 2 That the subject site has the capacity to accommodate the proposed use, 3 That the proposed use is compatible to and in harmony with the 4 surrounding uses in the area, and That the utilization of an SDM license will complement the existing use of the subject property and will provide an additional service to customers, FURTHER, the Council does hereby waive the 500 foot separation requirement between SDM licensed establishments as set forth in Section 11 03(r)(1) of Zoning Ordinance No 543, as amended A Landscaping Plan, dated January 13, 2006, as revised, submitted by U S Tire Company, re a retail tire and auto repair facility located at 33850 Plymouth Road, was received and placed on file for the information of the Council (Pet. 2005-10- 02-20) On a motion by Meakin, seconded by Knapp, and unanimously adopted, it was CR 25-06 RESOLVED, that having considered a communication from the City Planning Commission, dated December 19, 2005, which transmits 35524 Regular Meeting of January 18, 2006 its resolution 12-127-2005, adopted on December 13, 2005, with regard to Petition 2005-10-02-20, submitted by U S Tire Company, Inc., requesting waiver use approval to operate a retail tire and auto repair facility on property located at 33850 Plymouth Road, on the north side of Plymouth Road between Farmington and Stark Roads in the Southeast 1/4 of Section 28, which property is zoned C-2 and M-1, the Council does hereby concur in the recommendation of the Planning Commission and Petition 2005-10-02-20 is hereby approved and granted, subject to the following conditions 1 That the Site Plan/Landscape Plan submitted by U S Tire Company and Yukon Coffee Company, with a revision date of January 13, 2006, is hereby approved and shall be adhered to, 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, 2 That the entire parking lot and driveway within the U S Tire/Yukon Coffee lease area shall be repaved and properly striped to the satisfaction of the Inspection Department; 3 That all parking spaces shall be double striped, including the provision of barrier free parking with proper signage, marking and configuration, and all regular parking spaces shall be 10' x 20' in size as required, 4 That there shall be no overnight outdoor parking or storage of vehicles on the site, with all overnight parking or storage of vehicles occurring only inside the building, 5 That the subject facility shall conduct automobile and light truck repair work consisting of repairs such as motor and electrical tune- up, replacement of tires, shock absorbers, brakes, mufflers, exhaust and tailpipes and other similar repairs, 6 That repair work conducted at this facility shall not include collision repair; filo 35525 Regular Meeting of January 18, 2006 7 That there shall be no outdoor storage of auto parts, equipment, scrap material, debris, waste petroleum products or other similar items generated by the subject use, 8 That a dumpster enclosure shall be constructed in the rear yard with masonry walls and having metal gates which shall be properly maintained and, when not in use, closed at all times, 9 That the overhead doors serving the auto repair facility shall remain closed except when vehicles are entering or exiting the building, 10 That this approval shall incorporate the following stipulation contained in the letter dated October 31, 2005, from the Livonia Fire and Rescue Division • If subject building is to be provided with an automatic sprinkler system, an on-site hydrant shall be located between 50 feet and 100 feet from the Fire Department connection, 11 That the Wall Signage Design portrayed on the color rendering prepared by Vital Signs, depicting a 96 square foot wall sign on the south elevation, is hereby approved and shall be adhered to, 12 That the Ground Signage Design portrayed on the color rendering prepared by Vital Signs, depicting a 29 6 square foot ground sign, is hereby approved and shall be adhered to, 13 That any additional signage shall be separately submitted for review and approval by the Planning Commission and City Council, 14 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 15 That the plans referenced in this approving resolution shall be submitted to the Inspection Department at the time of application for the Building, Occupancy and Zoning Compliance Permits A Landscaping Plan, dated January 13, 2006, as revised, submitted by Yukon Coffee Company, re a full-service restaurant located at 33850 Plymouth Road, was received and placed on file for the information of the Council (Pet. 2005-10-02-21) 35526 Regular Meeting of January 18, 2006 Ona motion by Meakin, seconded by Robinson, and unanimously approved, it was CR 26-06 RESOLVED, that having considered a communication from the City Planning Commission, dated December 19, 2005, which transmits its resolution 12-128-2005, adopted on December 13, 2005, with regard to Petition 2005-10-02-21, submitted by Yukon Coffee Company, requesting waiver use approval to operate a full-service restaurant on property located at 33850 Plymouth Road, on the north side of Plymouth Road between Farmington and Stark Roads in the Southeast 1/4 of Section 28, which property is zoned C-2 and M-1, the Council does hereby concur in the recommendation of the Planning Commission and Petition 2005-10- 02-21 is hereby approved and granted, subject to the following conditions 1 That the Site Plan/Landscape Plan submitted by U S Tire Company and Yukon Coffee Company, with a revision date of January 13, 2006, is hereby approved and shall be adhered to, 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, 2 That the entire parking lot and driveway within the U S Tire/Yukon Coffee lease area shall be repaved and properly striped to the satisfaction of the Inspection Department; 3 That all parking spaces shall be double striped, including the provision of barrier free parking with proper signage, marking and configuration, and all regular parking spaces shall be 10' x 20' in size as required, 4 That the Outdoor Patio Seating Plan submitted by Yukon Coffee Company, as revised, received by the Planning Commission on November 29, 2005, is hereby approved and shall be adhered to, with the outdoor seating being confined to portions of the adjacent southeasterly patio area directly in front of the subject restaurant unit as shown on the plan, 35527 Regular Meeting of January 18, 2006 5 That the maximum number of customer seats shall not exceed 56 seats, including 29 seats inside the building and 27 outdoor seats, 6 That the outdoor dining shall be conducted in a manner that will insure that sufficient clear space for pedestrian circulation is maintained at all times, 7 That a trash receptacle shall be provided for the outdoor dining area and shall be emptied regularly as needed, 8 That a dumpster enclosure shall be constructed in the rear yard with masonry walls and having metal gates which shall be properly maintained and, when not in use, shall be closed at all times, 9 That no signage is approved for the subject restaurant use in connection with this approving resolution, all such signage shall be separately submitted for review and approval by the Planning Commission and City Council, 10 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 11 That the plans referenced in this approving resolution shall be submitted to the Inspection Department at the time of application for the Building, Occupancy and Zoning Compliance permits A communication from the Planning Department, dated January 10, 2006, - Administrative Response — re automobile dealerships on Plymouth Road and type of exterior finish materials used in their construction, relative to a Mazda automotive dealership located at 34601 Plymouth Road, was received and placed on file for the information of the Council (Pet. 2005-11-02-22) An Alternate West Elevation Drawing, dated January 18, 2006, re a Mazda automotive dealership located at 34601 Plymouth Road, was received and placed on file for the information of the Council (Pet. 2005-11-02-22) On a motion by Taylor, seconded by Godfroid-Marecki, and unanimously adopted, it was 35528 Regular Meeting of January 18, 2006 CR 27-06 RESOLVED, that having considered a communication from the City Planning Commission, dated December 19, 2005, which transmits its resolution 12-129-2005, adopted on December 13, 2005, with regard to Petition 2005-11-02-22, submitted by Architects & Planners, Inc , on behalf of Ralph Thayer Automotive, requesting waiver use approval to construct and operate a Mazda automotive dealership showroom and service addition on property located at 34601 Plymouth Road, on the south side of Plymouth Road between Stark Road and Laurel Avenue in the Northwest 1/4 of Section 33, which property is zoned C-2, the Council does hereby concur in the recommendation of the Planning Commission and Petition 2005-11-02-22 is hereby approved and granted, subject to the following conditions 1 That the Ralph Thayer Automotive Overall Campus Site Plan marked Sheet A-101 prepared by Architects and Planners, Inc., dated November 4, 2005, is hereby approved and shall be adhered to, 2 That the Mazda Dealership Site Plan marked Sheet A-102 prepared by Architects and Planners, Inc , dated November 4, 2005, is hereby approved and shall be adhered to, 3 That the Landscape Plan and Details Plan marked Sheet A-104 prepared by Architects and Planners, Inc., dated November 4, 2005, is hereby approved and shall be adhered to, 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 an automatic underground irrigation system shall be provided for all landscaped and sodded areas, 4 That the Building Elevation Plans marked Sheets A-301 and A-302 prepared by Architects and Planners, Inc., both dated November 4, 2005, are hereby approved and shall be adhered to, except that the west, south and east elevations of the buildings, including the body shop, shall be finished as shown on the rendering identified as the "Alternate West Elevation" prepared by Architects and Planners, Inc., dated 1-18-06, and that the front (north) elevation be modified to include black glazed brick consistent with the sample submitted 35529 Regular Meeting of January 18, 2006 L. by the Belden Brick Co , and the bottom two courses may be 5 painted scored block as originally proposed, That the masonry/split face block precast unit system used in the construction of the building shall meet ASTM 216 standards, 6 That the wall signage package as shown on the North Building Elevation Plan, depicting four (4) separate wall signs with a total area of 112 square feet, is hereby approved and shall be adhered to, subject to the granting of a variance for excess numbers of wall signs by the Zoning Board of Appeals and any conditions pertaining thereto, 7 That the ground sign shown on the above-referenced Landscape Plan and Details Plan, with a sign area of 36 square feet, is hereby approved, provided that the sign is placed at least ten (10)feet from the Plymouth Road and Laurel Avenue rights-of-way, subject to the granting of a variance for excessive square footage for a ground sign by the Zoning Board of Appeals and any conditions pertaining thereto, 8 That the petitioner shall submit appropriate documentation (reviewed by the Department of Law) indicating that cross parking agreements/easements are in place concerning the overall automotive campus, 9 That all required and proposed customer parking shall be double striped to differentiate it from inventory parking and permanently serve as notice that inventory does not get improperly stored or displayed, 10 That in order to allow for parking of vehicles closer than 20 feet from the front lot line, this site will need to obtain specific approval from a super majority of City Council by separate resolution, 11 That no LED lightband or exposed neon shall be permitted on this site including, but not limited to, the building or around the windows, 12 That all regular parking spaces shall be 10' x 20' in size and the required handicapped space shall be properly located, sized and signed, 13 That there shall be no outdoor storage of auto parts, equipment, scrap material, waste petroleum products or other similar items in connection with the auto service facility, and the overhead doors, 35530 Regular Meeting of Januaiy 18, 2006 when not in use for vehicles entering or exiting the service facility, shall be closed at all times, 14 That the proposed site lighting fixtures to be mounted on the building shall be shielded to control the light beyond the property line, 15 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, 16 That no offloading of car haulers shall take place on the automotive dealership campus, nor within the public right-of-way; 17 That the elevated outdoor display of vehicles on lifts, ramps or other similar apparatus is prohibited, and 18 That the plans referenced in this approving resolution shall be submitted to the Inspection Department at the time of application for the building permits On a motion by Taylor, seconded by Godfroid-Marecki, it was CR 28-06 RESOLVED, that having considered a communication from the City Planning Commission, dated December 19, 2005, which transmits its resolution 12-129-2005, adopted on December 13, 2005, with regard to Petition 2005-11-02-22, submitted by Architects & Planners, Inc., on behalf of Ralph Thayer Automotive, requesting waiver use approval to construct and operate a Mazda automotive dealership showroom and service addition on property located at 34601 Plymouth Road, on the south side of Plymouth Road between Stark Road and Laurel Avenue in the Northwest 1/4 of Section 33, which property is zoned C-2, the Council does hereby waive the requirement to allow parking vehicles closer than 20 feet from the front lot line as set forth in Section 11 03(g)(2) of Zoning Ordinance No 543, as amended A roll call vote was taken on the foregoing resolution with the following result: AYES Knapp, Meakin, Godfroid-Marecki, Laura, Robinson, Taylor and McCann NAYS None The President declared the resolution duly adopted 35531 Regular Meeting of January 18, 2006 A communication from Nicholas loannow, proprietor of Wine Castle, 33415 Seven Mile Road, dated January 18, 2006, re a request by Taco Bell Corp to low rezone a portion of property located at 19036 Filmore, was received and placed on file for the information of the Council (Petition 2005-07-01-06) A communication from Victor DiPonio, dated January 12, 2006, re. his support of a request by Taco Bell Corp to rezone a portion of property located at 19036 Filmore, was received and placed on file for the information of the Council (Petition 2005-07-01-06) A communication and drawing from Design, Inc., dated January 17, 2006, re clarification of the northern entrance for the proposed improvements to a Taco Bell restaurant relative to a rezoning of a portion of the property located at 19036 Filmore, was received and placed on file for the information of the Council (Pet. 2005-07-01-06) A communication from Gloria and Sam Kildani, 19031 Filmore, received January 5, 2006, re their opposition to a request by Taco Bell Corp to rezone a portion of property located at 19036 Filmore, was received and placed on file for the information of the Council (Petition 2005-07-01-06) On a motion by Laura, seconded by Godfroid-Marecki, it was. CR 29-06 RESOLVED, that having considered a communication from the City Planning Commission, dated August 15, 2005, which sets forth its resolution 08-83-2005, adopted on August 9, 2005, with regard to Petition 2005-07-01-06, submitted by Peter Lyders, on behalf of Old West Properties, LLC, (a franchisee of Taco Bell Corp ), for a change of zoning of a portion of the property located at 19036 Filmore, on the east side of Filmore Avenue between Seven Mile Road and Clarita Avenue in the Northeast 1/4 of Section 9, from R-3 to C-2, and the Council having conducted a public hearing with regard to this matter on December 19, 2005, the Council does hereby approve Petition 2005-07-01-06 for preparation of the ordinance for submission to Council, and the City Planner is hereby instructed to cause the necessary map for publication to 35532 Regular Meeting of January 18, 2006 be prepared indicating the zoning change herein approved and to furnish the same to the Department of Law and, upon receipt of such map, the Department of Law is requested to prepare an ordinance amending Ordinance No 543, as amended, in accordance with this resolution A roll call vote was taken on the foregoing resolution with the following result: AYES Meakin, Godfroid-Marecki, Laura, Robinson, Taylor, and McCann NAYS Knapp The President declared the resolution duly adopted On a motion by Taylor, seconded by Laura, and unanimously adopted, it was CR 30-06 RESOLVED, that in connection with Petition 2005-07-01-06, the Council does hereby refer the subject of the egress drive onto Filmore and configuration of same to ensure Right Turn Only to the Engineering Division for its report and recommendation A communication from Joan Strong, 9219 Newburgh Road, Livonia, received January 13, 2006, re no objection for a proposed rezoning request from Steven J Schafer for properties located at 9229 Newburgh Road and 9350 Stonehouse Avenue, was received and placed on file for the information of the Council (Pet. 2005- 09-01-10) On a motion by Taylor, seconded by Robinson, and unanimously adopted, it was CR 31-06 RESOLVED, that having considered a communication from the City Planning Commission, dated November 18, 2005, which sets forth its resolution 11-121-2005 adopted on November 15, 2005, with regard to Petition 2005-09-01-10, submitted by Steven J Schafer, on behalf of David and Paula White and Crystal Sickels for a change of zoning of the properties located at 9229 Newburgh Road and 9350 Stonehouse Avenue, 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 35533 Regular Meeting of January 18, 2006 December 19, 2005, the Council does hereby refer this item to the Committee of the Whole for its report and recommendation Steven J Schafer, developer, was present at the meeting to answer questions of the Council A communication from the Civil Service Department, dated January 6, 2006, re their concurrence with City Council action establishing the classification of Police Service Aide with the same salary range as approved by the City Council, was received and placed on file for the information of the Council (CR 501-05) A communication from Dan G Dirks, General Manager, SMART, dated January 10, 2006, re information relative to the City of Livonia's withdrawal from the Wayne County Transportation Authority (which funds are currently used in part for the operation of SMART, was received and placed on file for the information of the Council wa0s.n a motion by Knapp, seconded by Godfroid-Marecki, and unanimously adopted, it CR 32-06 RESOLVED, that having considered a communication from the Department of Law, dated November 30, 2005, approved for submission by the Mayor, the Council does hereby approve of the withdrawal, effective immediately, of the City of Livonia from membership in the Wayne County Transportation Authority and does hereby take this means to indicate that this action is taken in accordance with the provisions set forth in MCL 124 458(5) which allows for such withdrawal by a vote of the legislative body in January of the year in which a tax authorized to be levied under 1986 PA 196 expires, FURTHER, the Council does hereby request that the City Clerk transmit a certified copy of this resolution to the Wayne County Transportation Authority, the Suburban Mobility Authority for Regional Transportation (SMART), SEMCOG, the County of Wayne, and Governor Granholm. Gary Coin, 32655 Lyndon, Livonia, inquired about the consulting firm that the City is working with on the above-mentioned withdrawal from SMART On a motion by Taylor, seconded by Knapp, and unanimously adopted, it was 35534 Regular Meeting of January 18, 2006 CR 33-06 RESOLVED, that having considered a communication from the City Librarian, dated December 19, 2005, which bears the signature of the Director of Finance and is approved for submission by the Mayor, the Council does, for and on behalf of the City of Livonia, accept various gifts and cash donations, in the total amount of $1,140 00, from the sources indicated therein for use by the Livonia Public Library as indicated in the aforesaid communication, FURTHER, the Council does hereby appropriate and credit the amount of $485 00 to Account No 702-000- 285-271 and $655 00 to Account No 702-000-285-273 for the purposes as designated by the donors At the audience communication portion of the agenda at the end of the meeting, Don Kolhoff, 14066 Mayfield, Livonia, offered his congratulations to the Councilmembers, especially Don Knapp and Terry Godfroid-Marecki, for recognizing opportunities to improve Livonia's transportation system On a motion by Meakin, seconded by Laura, and unanimously adopted, this 1,552nd Regular Meeting of the Council of the City of Livonia was adjourned at 9.42 p m , January 18, 2006 Val Vandersloot, City Clerk