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HomeMy WebLinkAboutCOUNCIL MINUTES 2004-04-05 34563 LI MINUTES OF THE ONE THOUSAND FIVE HUNDRED TENTH REGULAR MEETING OF APRIL 5, 2004 On April 5, 2004, 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 Council Vice-President Meakin delivered the invocation Roll was called with the following result: Brian Meakin, Frank J Kokenakes, James McCann, Thomas Robinson, Donald Knapp, and Gerald Taylor Absent None Elected and appointed officials present: Robert Schron, City Engineer; Mark Taormina, City Planner; Sean Kavanagh, City Attorney; Val Vandersloot, City Clerk, Karen Szymula, Director of Legislative Affairs, Jeff Bryant, Economic Development Director and Jim Inglis, Executive Director of Housing On a motion by Kokenakes, seconded by Knapp, and unanimously adopted, it was CR 132-04 RESOLVED, that the minutes of the 1,509tn Regular Meeting of the Council held March 24, 2004 are hereby approved as submitted During the audience communication portion of the agenda, Council President Taylor congratulated Karen Szymula, Director of Legislative Affairs, who had her 16th year anniversary with the City on April 4 He also congratulated Ron Reinke and the Parks and Recreation staff on a successful Ice Show "From Here To Eternity", held last week. He also congratulated the coordinators and instructors for producing the fine show Council President Taylor announced that a Public Hearing for the following items would be held on Wednesday, April 28, 2004 at 7 00 P M , in the Auditorium of the Livonia City Hall, 33000 Civic Center drive, Livonia, MI Petition 2004-01-01-02 submitted by Hasan Rakipi requesting to rezone property at 9081 Middlebelt located on the west side of Middlebelt Road between Dover Avenue and Grandon Avenue in the Southeast 1/4 of Section 35 from OS to R-C Regular Meeting of April 5, 2004 34564 2 Petition 2004-01-01-03 submitted by Leo Soave Building, Inc requesting to rezone property at 20151 Gill Road located on the west side of Gill Road between Navin Avenue and Norfolk Avenue in the Northwest 1/4 of Section 4 from RUF to R-3. A communication from the Department of Finance, dated March 11, 2004, re forwarding various financial statements of the City of Livonia for the month ending December 31, 2003, was received and placed on file for the information of the Council A communication from the Department of Finance, dated March 18, 2004, re forwarding various financial statements of the City of Livonia for the month ending January 31, 2004, was received and placed on file for the information of the Council On a motion by Kokenakes, seconded by Meakin, it was CR 133-04 RESOLVED, that having considered a letter from Vicki Reault, representing Newburg United Methodist Church, dated March 10, 2004, which requests permission to display approximately 22 signs announcing the Newburg United Methodist Church Mom-to-Mom Sale to be conducted on Saturday, April 24, 2004, which signs are to be 18"x 24" in size and which will be displayed at various locations in the City of Livonia only, no earlier than Saturday, April 17, 2004, and removed no later than Sunday, April 25, 2004, the Council does hereby grant and approve this request in the manner and form herein submitted CR 134-04 RESOLVED, that having considered a letter from Brian Lee, representing St. Edith Parish, dated March 7, 2004, which requests permission to display signs announcing the 2nd Annual St. Edith Parish's Family Festival to be conducted on Friday, June 11, 2004 through Sunday, June 13, 2004, which signs will be displayed at various intersections of the City from Friday, June 4, 2004 through Monday, June 14, 2004, the Council does hereby grant and approve this request in the manner and form herein submitted CR 135-04 RESOLVED, that having considered a letter from Van W Snider, Jr CAE, Director, Recreational Boating Industries Educational Foundation, dated March 13, 2004, the Council does hereby take this means to indicate that the Recreational Boating Industries Educational Foundation is recognized as a non-profit organization operating in the community, and the action herein being taken for the purpose of affording the Recreational Boating Industries Educational Foundation an opportunity Regular Meeting of April 5, 2004 34565 to obtain a charitable gaming license or registration from the State of Michigan in accordance with provisions of State statute CR 136-04 RESOLVED, that having considered a letter from Susan Sampier, Engineer, Right-of-Way Department, SBC Michigan, dated March 12, 2004, requesting the City grant a 20 x 20 foot easement located on a parcel of land on Lyndon Street, east of Merriman Road, Parcel ID No 091-04-0063-000, to SBC Michigan to upgrade telephone facilities in the Livonia area by placing an electronic cabinet on this property, as well as offering the City $3,500 00 for such easement, the Council does hereby refer this item to the Administration for its report and recommendation CR 137-04 WHEREAS, in 1872, J Sterling Morton proposed to the Nebraska Board of Agriculture that a special day be set aside for the planting of trees, and WHEREAS, this holiday, called Arbor Day, was first observed with the planting of more than a million trees in Nebraska, and Arbor Day is now observed throughout the nation and the world, and WHEREAS, trees reduce the erosion of our precious topsoil by wind and water, cut heating and cooling costs, moderate the temperature, clean the air, produce oxygen and provide habitat for wildlife, and WHEREAS, trees are a renewable resource giving up paper, wood for our homes, fuel for our fires, and countless other wood products, and WHEREAS, trees in our City increase property values, enhance the economic vitality of business areas, and beautify our community; and WHEREAS, trees, wherever they are planted, are a source of joy and spiritual renewal, and WHEREAS, Livonia has been recognized as a Tree City USA by The National Arbor Day Foundation for the last five years and desires to continue its tree-planting practices NOW, THEREFORE, BE IT RESOLVED, that the Mayor and members of the City Council of the City of Livonia hereby proclaim Friday, April 30, 2004, as Arbor Day in the City of Livonia, and urge all citizens to celebrate Arbor Day and to support efforts to protect our trees and woodlands, and FURTHER, we urge all citizens to plant trees to promote the well being of this and future generations, and we invite citizens to join in the commemoration of Arbor Day planned by the Tree City Committee at Regular Meeting of April 5, 2004 34566 Dooley Park adjacent to Adams Elementary School at 2 30 p m on Friday, April 30, 2004 BE IT FURTHER RESOLVED, that copies of this resolution be sent to Governor Jennifer Granholm, State Senator Laura M Toy, State Representative John Pastor, the Michigan Municipal League State and Federal Affairs Division, the Conference of Western Wayne and the Plymouth Road Development Authority A communication from the Law Department, dated April 1, 2004, re A Letter of Understanding from Food Services of Livonia, LLC, relative to a request for a dance permit at 31735 Plymouth Road, was received and placed on file for the information of the Council CR 138-04 RESOLVED, that having considered a letter from the Michigan Liquor Control Commission, dated November 10, 2003, and the report and recommendation of the Chief of Police, dated March 15, 2004, approved for submission by the Mayor, the Council does hereby approve of the request from Food Services of Livonia, LLC, for transfer of ownership of a 1999 Class C License (in escrow) with Dance Permit from Steven A. Buford for a business located at 31735 Plymouth Road, Livonia, Michigan, Wayne County, and to transfer location (Governmental Unit) (MCL 436 1531(1)) from 19532 Schoenherr, Detroit, Michigan 48205, Wayne County, to 31735 Plymouth Road, Livonia, Michigan 48150, Wayne County; and the City Clerk is hereby requested to forward a certified copy of this resolution to the Michigan Liquor Control Commission The 2003 Annual Report of the Plymouth Road Development Authority (PRDA), dated March 10, 2004, was received and placed on file for the information of the Council CR 139-04 RESOLVED, that having considered the report and recommendation of the Director of the Housing Commission, dated February 20, 2004, which bears the signature of the Director of Finance and is approved for submission by the Mayor, the Council does hereby accept the bid of SCI, Inc , 21440 Melrose Avenue, Southfield, Michigan 48075, for the replacement of carpeting in twenty-five (25) occupied apartments (15 one bedroom and 10 two bedroom) in the Newburgh Village Housing Community for the total price of $19,500 40, the same having been in fact the lowest bid received and meets all specifications, Regular Meeting of April 5, 2004 34567 FURTHER, the Council does hereby authorize the expenditure of a sum not to exceed $19,500 40 from funds already budgeted in CDBG Account No 233-800-818-668 for this purpose, and the Director of the Housing Commission is 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 140-04 RESOLVED, that having considered the report and recommendation of the Director of the Housing Commission, dated February 20, 2004, which bears the signature of the Director of Finance and is approved for submission by the Mayor, the Council does hereby accept the bid of SCI, Inc , 21440 Melrose Avenue, Southfield, Michigan 48075, for the replacement of carpeting in twenty-six (26) occupied apartments (10 one bedroom and 16 two bedroom) in the Silver Village Housing Community for the total price of $19,564 64, the same having been in fact the lowest bid received and meets all specifications, FURTHER, the Council does hereby authorize the expenditure of a sum not to exceed $19,564 64 from funds already budgeted in Silver Village Account No 296-831-931-000 for this purpose, and the Director of the Housing Commission is 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 141-04 RESOLVED, that having considered a communication from the Water and Sewer Board, dated March 9, 2004, which bears the signature of the Director of Finance and is approved for submission by the Mayor, and which transmits its resolution WS 3515 03/04, the Council does hereby approve a one-year extension of the contract with Etna Supply Company, 529 32nd Street, S E , Grand Rapids, Michigan 49548, for supplying the Public Service Division (Water Maintenance Section) with water main repair clamps for the period February 29, 2004 through February 28, 2005, at the unit prices bid in their proposal dated January 27, 2003, for a total estimated amount of $15,248 50, 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 the provisions set forth in Section 3 04 140D4 of the Livonia Code of Ordinances, as amended CR 142-04 RESOLVED, that having considered a communication from the Chairman of the Water and Sewer Board, dated March 8, 2004, which bears the signature of the Director of Finance and is approved for submission by the Mayor, and which transmits Water and Sewer Board resolution WS 3508 02/04, the Council does hereby accept the low quotation of Vanguard Utility Service, Inc , 233 W 9th Street, Suite 204, Owensboro, Kentucky 42303, to test, repair and calibrate large Regular Meeting of April 5, 2004 34568 commercial water meters at the unit prices quoted for all meter sizes requested for the period through December 31, 2004, for the estimated amount of $26,090 00, plus an additional $8,000 00 for the purchase of repair parts, FURTHER, in the event the aforesaid company is unable to perform the said service, the Council does hereby accept the second low quotation of Hydro Meter Systems, Inc , 260 W MontCalm, Pontiac, Michigan 48342, as an alternate to perform this work at the unit prices quoted for all meter sizes requested for the period through December 31, 2004, for the estimated amount of $26,540 00, plus an additional $8,000 00 for the purchase of repair parts, and the Council does hereby authorize the action herein without competitive bidding in accordance with Section 3 04 140D4 of the Livonia Code of Ordinances, as amended A communication from the City Engineer, dated March 23, 2004, re notification of a name change of the vendor for Materials Testing and Soils Investigation contract from Imaging Subsurface, Inc to Scientific and Engineering Consultants, Ltd , was received and placed on file for the information of the Council CR 143-04 RESOLVED, that having considered the report and recommendation of the City Engineer and the Director of Public Works, dated March 10, 2004, which bears the signature of the Director of Finance and is approved for submission by the Mayor, transmitting proposals received for materials testing and soils investigation services, the Council does hereby accept the proposal submitted by Scientific & Engineering Consultants, Ltd (previously known as Imaging Subsurface, Inc ), P 0 Box 1019, Novi, Michigan 48376-1019, for providing the Engineering Division with Materials Testing and Soils Investigation on an as-needed basis for a one (1) year period in an amount not to exceed $7,500 00, with the provision that the contract may be extended on an annual basis for two additional years upon agreement by both parties, FURTHER, the Council does hereby appropriate and authorize the expenditure of the sum of $2,800 00 from the Michigan Transportation Fund (Major Road Account) and $4,700 00 from the Michigan Transportation Fund (Local Road Account) for this purpose, and the Director of Public Works is hereby authorized to approve minor adjustments in the work as it becomes necessary; and the Mayor and City Clerk are hereby authorized, for and on behalf of the City of Livonia, to execute a contract with the aforesaid company and to do all other things necessary or incidental to the full performance of this resolution CR 144-04 RESOLVED, that having considered a communication from the City Engineer, dated March 11, 2004, which is approved by the Director of Public Works, and approved for submission by the Mayor, to Regular Meeting of April 5, 2004 34569 which are attached lists of sidewalks requiring installation or replacement within miscellaneous locations throughout the City of Livonia, in connection with the 2004 Sidewalk Repair Program, said list being included herein by reference, and for the reasons stated, the Council does hereby require the respective owners of lots and premises referred to in said list to install or to remove and replace sidewalks at such premises, and the City Clerk is hereby requested to do all things necessary to carry out the provisions of this resolution which is made pursuant to Title 12, Section 340 of the Livonia Code of Ordinances, as amended, FURTHER, said notice shall set forth that the respective owners of lots and premises herein referred to shall complete said sidewalk work no later than July 1 , 2004, after which date the Engineering Division shall arrange for the construction and/or reconstruction of the said sidewalks, FURTHER, the Council does hereby authorize the construction and/or reconstruction of various sections or sidewalks and crosswalks at several locations within the City inasmuch as the same are the City's responsibility CR 145-04 RESOLVED, that having considered the report and recommendation of the City Engineer and the Director of Public Works, dated March 8, 2004, which bears the signature of the Director of Finance and is approved for submission by the Mayor, with regard to proposals received for Construction Engineering Services for the resurfacing of Stark Road, between Plymouth Road and Hines Drive, the Council does hereby concur in the evaluations made by the Director of Public Works, Finance Director and the City Engineer, and does hereby authorize the Administration to enter into negotiations for a not-to-exceed fee for Construction Engineering Services with Orchard, Hiltz and McCliment, Inc , 34000 Plymouth Road, Livonia, Michigan 48150, for the resurfacing of Stark Road between Plymouth Road and Hines Drive, FURTHER, the Council does hereby authorize an expenditure in an amount not to exceed $75,000 00 from funds already budgeted in Account No 202-463-818-125 (Contractual Services - County Project Participation) for this purpose, and the Mayor and City Clerk are hereby authorized, for and on behalf of the City of Livonia, to execute a contract with the aforesaid company for the negotiated fee and to do all other things necessary or incidental to the full performance of this resolution, FURTHER, in the event the negotiations with the aforesaid company are unsuccessful, the Council does hereby authorize the Administration to begin negotiations with Anderson, Eckstein and Westrick, Inc., 51301 Schoenherr Road, Shelby Township, Michigan 48315 for Construction Engineering Services for this project CR 146-04 RESOLVED, that having considered a letter from the Department of Law, dated March 10, 2004, approved for submission by the Mayor, with regard to the tax foreclosed property at 14801 Farmington Road, the Council does hereby authorize conveyance of said property to Vincent N Lee and Christine M Lee by quit claim deed upon the City's Regular Meeting of April 5, 2004 34570 receipt of $3,250 41, FURTHER, the Department of Law is hereby requested to prepare and place in proper legal form all documents necessary to consummate this transaction, and the Mayor and City Clerk are hereby authorized to execute these documents on behalf of the City of Livonia and to do all things necessary or incidental to the full performance of this resolution CR 147-04 RESOLVED, that having considered a communication from the City Planning Commission, dated March 15, 2004, which transmits its resolution 03-33-2004, adopted on March 9, 2004, with regard to a request to revise the elevation plans in connection with Petition 2002-08- 08-18, submitted by the Gallagher Group, which previously received site plan approval by the City Council on October 9, 2002, pursuant to Council Resolution 536-02, and which plans were subsequently revised and approved by the City Council on July 7, 2003, pursuant to Council Resolution 347-03, for the construction of an office complex located at 19337 Farmington Road, on the west side of Farmington Road between Seven Mile Road and Norfolk Avenue in the Southeast 1/4 of Section 4, pursuant to the provisions set forth in Section 18 47 of Ordinance No 543, as amended, the Council does hereby approve the revised elevation plans in connection with Petition 2002-08-08-18, subject to the following conditions That the Exterior Building Elevation Plan marked Sheet A-2 dated September 16, 2003, prepared by Gallagher Group Construction Company, is hereby approved and shall be adhered to, 2 That the specific plan referenced in this approving resolution shall be submitted to the Inspection Department at the time the building permits are applied for; and 3 That all other conditions imposed by Council Resolutions 347-03 and 536-02, which granted approval for the construction of an office complex, shall remain in effect to the extent that they are not in conflict with the foregoing conditions CR 148-04 RESOLVED, that having considered a communication from the City Planning Commission, dated March 15, 2004, which transmits its resolution 03-29-2004, adopted on March 9, 2004, with regard to Petition 2004-02-08-03, submitted by SWS Oil, Inc , requesting site plan approval in connection with a proposal to demolish and reconstruct the gas station building located at 27430 Seven Mile Road, on the northwest corner of Seven Mile and Inkster Roads in the Southeast 1/4 of Section 1, pursuant to the provisions set forth in Section 18 58 of Ordinance No 543, as amended, the Council does hereby concur in the recommendation of the Regular Meeting of April 5, 2004 34571 Planning Commission and Petition 2004-02-08-03 is hereby approved and granted, subject to the following conditions 1 That the Site Plan marked Sheet A-1 dated January 21, 2004, as revised on March 12, 2004, prepared by Gallagher Group Construction Company, is hereby approved and shall be adhered to, except as modified below; 2 That the Landscape Plan marked Sheet L-1 dated January 26, 2004, as revised on March 12, 2004, prepared by Gallagher Group Construction Company, is hereby approved and shall be adhered to, 3 That the length of the building shall be reduced by an additional 10 feet so as to establish a minimum setback of 36 feet from the north line of Seven Mile Road, 4 That the height of the planted trees shall be measured from the top of the root ball to the mid-point of the top leader; 5 That all disturbed lawn areas shall be sodded in lieu of hydroseeding, 6 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, 7 That the Exterior Building Elevation Plan marked Sheet A3 dated January 21, 2004, as revised on March 12, 2004, prepared by Gallagher Group Construction Company, is hereby approved and shall be adhered to, 8 That the brick used in the construction shall be full face 4 inch brick or in the case a precast concrete system is used, it shall meet ASTM C216 standards, 9 That all rooftop mechanical equipment shall be concealed form 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 gas pump island canopy support columns shall be covered with the same brick used in the construction of the building, Regular Meeting of April 5, 2004 34572 11 That the petitioner shall secure the necessary storm water management permits from Wayne County, the City of Livonia, and/or the State of Michigan, 12 That all light fixtures shall be shielded from the adjacent properties and any light poles shall not exceed 20 feet in height; 13 That the three walls of the trash dumpster area shall be constructed out of the same brick used in the construction of the building or in the event a poured wall is substituted, the wall's design, texture and color shall match that of the building and the enclosure gates shall be maintained and when not in use closed at all times, 14 That in lieu of the protective wall, a six (6) foot high vinyl clad privacy fence shall be erected along the north property line, 15 That the petitioner shall correct to the Inspection Department's satisfaction the following as outlined in the correspondence dated February 27, 2004 • That the concrete pavement sections in disrepair, north and east of the pump island and directly west of the tank fills, shall be repaired or replaced, • That the protective pipe bollards that are bent and in disrepair shall be repaired or replaced, 16 No outside storage, placement or display of merchandise shall be permitted at any time on this site, however, the foregoing prohibition shall not apply to the display, on the pump islands only, of oil based products as permitted in Section 11 03(a) of the Zoning Ordinance, 17 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, 18 That no part of the pump island canopy fascia, with the exception of signage, shall be illuminated, 19 That no LED Iightband or exposed neon shall be permitted on this site including, but not limited to, the pump island canopy, building or around the windows, 20 That this approval is subject to the petitioner being granted a variance from the Zoning Board of Appeals for deficient building Regular Meeting of April 5, 2004 34573 setbacks, deficient parking and the substitution of the protective wall along the north property line and any conditions related thereto, and 21 That the specific plans referenced in this approving resolution shall be submitted to the Inspection Department at the time the building permits are applied for A roll call vote was taken on the foregoing resolutions with the following result. AYES Meakin, Kokenakes, McCann, Robinson, Knapp and Taylor NAYS None A communication from Erich J D'Andrea, Brashear, Tangora, Gallagher, Creighton & Amann, LLP, dated March 23, 2004, re a Council Study Session memorandum from Architect Seymour H Mandell relative to a rezoning petition at 35300 Joy Road, was received and placed on file for the information of the Council (Petition 2003-01-01-05) A communication from Ronald Parz, The Parz Group, Inc , re supplying copies of a new site plan relative to a rezoning petition at 35300 Joy Road, on behalf of K P Builders, was received and placed on file for the information of the Council (Petition 2003-01-01-05) Councilmember Meakin gave first reading to the following Ordinance AN ORDINANCE AMENDING SECTION 33 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 2003-01-01-05) Regular Meeting of April 5, 2004 34574 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 Kokenakes left the podium at 8 07 p m due to a conflict of interest. Councilmember Knapp gave first reading to the following Ordinance AN ORDINANCE AMENDING SECTION 2 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 2003-04-01-12) 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 Kokenakes returned to the podium at 8 08 p m Councilmember Robinson gave first reading to the following Ordinance AN ORDINANCE AMENDING SECTION 24 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 2003-11-01-20) 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 On a motion by Robinson, seconded by Knapp, it was Regular Meeting of April 5, 2004 34575 RESOLVED, that having considered a communication from the City Assessor, dated March 15, 2004, approved for submission by the Mayor, with regard to a request from Eric Shook, 9397 Knolson, Livonia, Michigan 48150, and in accordance with the provisions of 1967 PA 288, as amended, as well as Section 18 46 of Ordinance No 543, as amended, the Council does hereby determine to deny the request for dividing and combining Tax Item Nos 46-084-01-0007-002, 46-084-01-0008-000, 46- 084-01-0009-001 and 46-084-01-0010-002 into three parcels since the same would be in violation of the City's zoning ordinance and law, as well as for the reason that the proposed lot split would not be consistent with good planning and zoning practice On a motion by McCann, 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 a communication from the City Assessor, dated March 15, 2004, approved for submission by the Mayor, with regard to a request from Eric Shook, 9397 Knolson, Livonia, Michigan 48150, to combine and split Tax Item Nos 46-084-01-0007-002, 46-084-01-0008-000, 46-084-01-0009-001 and 46-084-01-0010-002 (located north of Schoolcraft Road and west of Farmington Road at 14010 Stark, 14000 Stark, 13990 Stark and 13992 Stark) into three parcels, the Council does hereby refer this item to the Streets, Roads and Plats Committee for its report and recommendation A roll call vote was taken on the motion to substitute as follows AYES Kokenakes, McCann and Taylor NAYS Meakin, Robinson and Knapp The President declared the motion to substitute failed for lack of a majority vote A roll call vote was then taken on the originally proposed resolution by Robinson, seconded by Knapp, as follows RESOLVED, that having considered a communication from the City Assessor, dated March 15, 2004, approved for submission by the Mayor, with regard to a request from Eric Shook, 9397 Knolson, Livonia, Michigan 48150, and in accordance with the provisions of 1967 PA 288, as amended, as well as Section 18 46 of Ordinance No 543, as amended, the Council does hereby determine to deny the request for dividing and combining Tax Item Nos 46-084-01-0007-002, 46-084-01-0008-000, 46- 084-01-0009-001 and 46-084-01-0010-002 into three parcels since the Regular Meeting of April 5, 2004 34576 same would be in violation of the City's zoning ordinance and law, as well as for the reason that the proposed lot split would not be consistent with good planning and zoning practice with the following result: AYES Meakin, Robinson and Knapp NAYS Kokenakes, McCann and Taylor The President declared the proposed resolution failed for lack of majority support. At the direction of the Chair, with no disagreement being expressed by other Councilmembers, this item was tabled until a future meeting when there is a full Council present to allow for the participation of the seventh Councilmember A communication from Karen Szymula, Director of Legislative Affairs, dated April 5, 2004, to which are attached a new site plan and color renderings re additions to and renovations of the exterior of a service station at 20595 Farmington Road, was received and placed on file for the information of the Council (Petition 2004- 02-08-04) On a motion by Knapp, seconded by Robinson, and unanimously adopted, it was CR 149-04 RESOLVED, that having considered a communication from the City Planning Commission, dated March 15, 2004, which transmits its resolution 03-30-2004, adopted on March 9, 2004, with regard to Petition 2004-02-08-04, submitted by Eight and Farmington Service, requesting site plan approval in connection with a proposal to construct additions to and renovate the exterior of the service station located at 20595 Farmington Road, at the southwest corner of Farmington and Eight Mile Roads in the Northeast 1/4 of Section 4, pursuant to the provisions set forth in Section 18 58 of Ordinance No 543, as amended, the Council does hereby refer this item to the Committee of the Whole for its report and recommendation was On a motion by Knapp, seconded by Meakin, and unanimously adopted, it Regular Meeting of April 5, 2004 34577 CR 150-04 WHEREAS, pursuant to Act No 198 of the Public Acts of 1974, as amended, this Council has the authority to establish industrial development districts within the boundaries of the City of Livonia, and WHEREAS, a proposal was made regarding the establishment of an industrial development district encompassing land situated in the City of Livonia and comprised of an area of approximately 5 16 acres, more particularly described in Exhibit A, attached hereto and incorporated by reference herein, which area is hereinafter referred to as "City of Livonia Industrial Development District No 93", and WHEREAS, written notice has been given by certified mail to The Alpha Stamping Company (a member of the Alpha Group of Companies) of the Council's pending action on this resolution and of its right to a hearing on the establishment of proposed City of Livonia Industrial Development District No 93, and WHEREAS, notice has been given to all interested owners, residents and taxpayers in the Livonia area of a public hearing on the establishment of the proposed City of Livonia Industrial Development District No 93, and WHEREAS, on Monday March 22, 2004, a public hearing was held on the establishment of proposed City of Livonia Industrial Development District No 93, at which time The Alpha Stamping Company (a member of the Alpha Group of Companies) and other taxpayers and residents of the City of Livonia had an opportunity to be heard (a copy of the statements both written and oral made at such hearing being on file with this City Council), and a representative of The Alpha Stamping Company (a member of the Alpha Group of Companies) attended said hearing and acknowledged receipt of notice of such hearing on behalf of the said corporation, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF LIVONIA, AS FOLLOWS 1 An Industrial Development District is hereby established, such district to consist of the area described in Exhibit A, attached hereto 2 Such Industrial Development District is hereby designated as the "City of Livonia Industrial Development District No 93 " EXHIBIT A THAT PT OF THE N '/2 OF SEC 27 T1S R9E DESC AS BEG AT A PT ON N LINE C & O RR N OOD 06M 20S E 49 50 FT TH N 89D 12M 30S W 798 12 FT FROM THE CEN '/4 COR SEC 27 TH N 89D 12M 30S W ALONG THE N LINE C & 0 RR 536 0 FT TH N OOD 20M 30S E 420 0 FT TH S Regular Meeting of April 5, 2004 34578 89D 12M 30S E 536 0 FT TH S OOD 20M 30S W 420 0 FT TO POB 5 16 AC SUBJECT TO THE N 12 0 FT OF ABOVE DESC PARCEL BEING RETAINED AS A PERMANENT STORM SEWER EASEMENT On a motion by Kokenakes, seconded by McCann, and unanimously adopted, it was CR 151-04 WHEREAS, pursuant to Act No 198 of the Public Acts of 1974, as amended, this Council has the authority to establish industrial development districts within the boundaries of the City of Livonia, and WHEREAS, a proposal was made regarding the establishment of an industrial development district encompassing land situated in the City of Livonia and comprised of an area of approximately 3 66 acres, more particularly described in Exhibit A, attached hereto and incorporated by reference herein, which area is hereinafter referred to as "City of Livonia Industrial Development District No 94", and WHEREAS, written notice has been given by certified mail to The Alpha Stamping Company (a member of the Alpha Group of Companies) of the Council's pending action on this resolution and of its right to a hearing on the establishment of proposed City of Livonia Industrial Development District No 94, and WHEREAS, notice has been given to all interested owners, residents and taxpayers in the Livonia area of a public hearing on the establishment of the proposed City of Livonia Industrial Development District No 94, and WHEREAS, on Monday, March 22, 2004, a public hearing was held on the establishment of proposed City of Livonia Industrial Development District No 94, at which time The Alpha Stamping Company (a member of the Alpha Group of Companies) and other taxpayers and residents of the City of Livonia had an opportunity to be heard (a copy of the statements both written and oral made at such hearing being on file with this City Council), and a representative of The Alpha Stamping Company (a member of the Alpha Group of Companies) attended said hearing and acknowledged receipt of notice of such hearing on behalf of the said corporation, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF LIVONIA, AS FOLLOWS 1 An Industrial Development District is hereby established, such district to consist of the area described in Exhibit A, attached hereto Regular Meeting of April 5, 2004 34579 2 Such Industrial Development District is hereby designated as the "City of Livonia Industrial Development District No 94 " EXHIBIT A PART OF NW 1/4 SEC 27 T1 S R9E, BEG N 0 DEG 21M 10S E 49 50 FT AND S 89 DEG 12M 30S E, 100 FT FROM W 1/4 COR SEC 27, TH N 2 DEG 22M W, 420 63 FT, TH S 89 DEG 12M 30S E, 389 50 FT, TH S 0 DEG 21M 10S W, 420 FT, TH N 89 DEG 12M 30S W 369 50 FT POB 3 66 AC On a motion by Knapp, seconded by Meakin, and unanimously adopted, it was CR 152-04 WHEREAS, the City Council has received an application for the transfer of an industrial facilities exemption certificate to Lake Erie Products, from MascoTech Forming Technologies-Livonia, a division of MascoTech, Inc (also known as Hi-Vol Products, Inc ) covering industrial facilities located within the City of Livonia Industrial Development District No 78, and WHEREAS, the Council did previously in Council Resolution 511-00 adopted on July 5, 2000, approve an industrial facilities exemption certificate for MascoTech Forming Technologies-Livonia, a division of MascoTech Inc , also known as Hi-Vol Products, Inc for a period of 12 years, and WHEREAS, the City Clerk has notified in writing the Assessor of the City of Livonia as well as the legislative body of each taxing unit which levies ad valorem property taxes in the local governmental unit in which the proposed facility is to be located, i e , the City of Livonia, and advised each of them that the said Application has been received, and WHEREAS, the City Council has afforded Lake Erie Products, the Assessor, and a representative of each of the affected taxing units an opportunity for a hearing on this Application, NOW, THEREFORE, be it resolved by the City of Livonia as follows (1) That the City Council, on the basis of the information received from the applicant, Lake Erie Products, finds and determines (a) That the approval of the transfer of this Industrial Facilities Exemption Certificate shall not have the effect of substantially impeding the operation of the local governmental unit or impairing the financial soundness of any taxing unit which Regular Meeting of April 5, 2004 34580 levies an ad valorem property tax in the local governmental unit in which the facility is to be located, and (b) The applicant has fully complied with the requirements of Section 9, Act No 198, PA 1974, as amended (2) That the City Council hereby approves the above transfer of Industrial Facilities Exemption Certificate from MascoTech Forming Technologies-Livonia, a division of MascoTech, Inc (also known as Hi-Vol Products, Inc ) covering industrial facilities to be located within the City of Livonia Industrial Development District No 78, (3) Council Resolution 511-00 adopted on July 5, 2000, is hereby amended and revised to the extent necessary to be consistent with the action taken herein A communication from the Planning Department, dated March 30, 2004, re the current distribution and concentration of SDD licensed businesses in proximity to the Costco Store at 13700 Middlebelt Road, was received and placed on file for the information of the Council (Petition 2003-12-02-23) A communication from Dickinson Wright PLLC, dated March 31, 2004, re a Second Supplemental Memorandum in support of all four waiver use applications for the sale of SDD licensed beverages at both the Middlebelt Road and Haggerty Road Costco stores, was received and placed on file for the information of the Council (Petition 2003-12-02-23 and Petition 2003-12-02-24) Ten various letters of support, dated April 1 and 2, 2004 re to allow the Middlebelt Road and Haggerty Road Costco Stores to sell SDD licensed beverages, were received and placed on file for the information of the Council (Petition 2003-12- 02-23 and Petition 2003-12-02-24) A communication from the Associated Food Dealers of Michigan, dated March 25, 2004, re data concerning Michigan Alcohol Consumption in Gallons for the Regular Meeting of April 5, 2004 34581 years 1993 to 2003, relative to allowing the Middlebelt Road and Haggerty Road Costco Stores to sell SDD licensed beverages, was received and placed on file for the information of the Council (Petition 2003-12-02-23 and Petition 2003-12-02-24) On a motion by Knapp, seconded by Meakin, it was RESOLVED, that having considered a communication from the City Planning Commission, dated February 2, 2004, which sets forth its resolution 01-08-2004 adopted on January 27, 2004, with regard to Petition 2003-12-02-23 submitted by Costco Companies, Inc. requesting waiver use approval to utilize an SOD license (Packaged Liquor) in connection with an existing retail facility at 13700 Middlebelt Road, located on the east side of Middlebelt Road between Schoolcraft and Plymouth Roads in the Northwest 1/4 of Section 25, which property is zoned C-2, and the Council having conducted a public hearing with regard to this matter on March 22, 2004, the Council does hereby concur in the recommendation of the City Planning Commission and Petition 2003-12- 02-23 is hereby denied for the following reasons 1 That the petitioner has failed to affirmatively show that the proposed use is in compliance with all of the general waiver use standards and requirements as set forth in Section 19 06 of the Zoning Ordinance No 543, 2 That the proposal is not in compliance with the regulations set forth in subparagraph (4) under paragraph (r) of Section 11 03 of the Zoning Ordinance, which require that all alcoholic liquor products allowed to be sold in connection with the use of an SDD license shall be displayed behind a counter with no direct public access, 3 That this area of the City is currently well served with existing SDD licensed retail establishments and twenty percent of the active SDD licensed businesses in the City are located within one mile of this location, 4 That there is no demonstrated need for additional SDD licensed facilities in this area of the City; 5 That the proposed use is incompatible to and not in harmony with the surrounding uses in the area, 6 That Costco has demonstrated a history of violating the rules and regulations of the Michigan Liquor Control Commission, and Regular Meeting of April 5, 2004 34582 7 That the City has a consistent past practice of denying similar requests from Costco and other large retail stores and similar establishments On a motion by Kokenakes, it was RESOLVED, that the City Council does hereby determine, in lieu of the foregoing resolution, to substitute the following. RESOLVED, that having considered a communication from the City Planning Commission, dated February 2, 2004, which sets forth its resolution 01-08-2004 adopted on January 27, 2004, with regard to Petition 2003-12-02-23 submitted by Costco Companies, Inc. requesting waiver use approval to utilize an SDD License (Packaged Liquor) in connection with an existing retail facility at 13700 Middlebelt Road, located on the east side of Middlebelt Road between Schoolcraft and Plymouth Roads in the Northwest 1/4 of Section 25, which property is zoned C-2, and the Council having conducted a public hearing with regard to this matter on March 22, 2004, the Council does hereby determine to refer this item to the Committee of the Whole for a report and recommendation The proposed resolution failed fur lack of support. A roll call vote was then taken on the originally proposed resolution by Knapp seconded by Meakin, as follows CR 153-04 RESOLVED, that having considered a communication from the City Planning Commission, dated February 2, 2004, which sets forth its resolution 01-08-2004 adopted on January 27, 2004, with regard to Petition 2003-12-02-23 submitted by Costco Companies, Inc. requesting waiver use approval to utilize an SDD license (Packaged Liquor) in connection with an existing retail facility at 13700 Middlebelt Road, located on the east side of Middlebelt Road between Schoolcraft and Plymouth Roads in the Northwest 1/4 of Section 25, which property is zoned C-2, and the Council having conducted a public hearing with regard to this matter on March 22, 2004, the Council does hereby concur in the recommendation of the City Planning Commission and Petition 2003-12- 02-23 is hereby denied for the following reasons 1 That the petitioner has failed to affirmatively show that the proposed use is in compliance with all of the general waiver use standards and requirements as set forth in Section 19 06 of the Zoning Ordinance No 543, Regular Meeting of April 5, 2004 34583 2 That the proposal is not in compliance with the regulations set forth in subparagraph (4) under paragraph (r) of Section 11 03 of the Zoning Ordinance, which require that all alcoholic liquor products allowed to be sold in connection with the use of an SDD license shall be displayed behind a counter with no direct public access, 3 That this area of the City is currently well served with existing SDD licensed retail establishments and twenty percent of the active SDD licensed businesses in the City are located within one mile of this location, 4 That there is no demonstrated need for additional SDD licensed facilities in this area of the City; 5 That the proposed use is incompatible to and not in harmony with the surrounding uses in the area, 6 That Costco has demonstrated a history of violating the rules and regulations of the Michigan Liquor Control Commission, and 7 That the City has a consistent past practice of denying similar requests from Costco and other large retail stores and similar establishments with the following result. AYES Meakin, Kokenakes, McCann, Robinson, Knapp and Taylor NAYS None The President declared the resolution duly adopted On a motion by Knapp, seconded by Meakin, and unanimously adopted, it was CR 154-04 RESOLVED, that in connection with Petition 2003-12-02-23, submitted by Costco Companies, Inc requesting waiver use approval to utilize an SDD license (Packaged Liquor) in connection with an existing retail facility at 13700 Middlebelt Road, located on the east side of Middlebelt Road between Schoolcraft and Plymouth Roads in the Northwest 1/4 of Section 25, which property is zoned C-2, the Council does hereby deny the request from the petitioner to waive the requirement set forth in Section 11 03(r)(4) of the Zoning Ordinance that packaged liquor sales be limited to behind the counter for the following reasons That the Petitioner's request for operating an SDD license at this location has been denied, Regular Meeting of April 5, 2004 34584 2 That the Petitioner has not demonstrated to the City any unique conditions or circumstances, hardships or practical difficulties that prevent it from complying with the ordinance, and 3 That waiving this requirement would not do substantial justice On a motion by Knapp, seconded by Meakin, it was RESOLVED, that having considered a communication from the City Planning Commission, dated February 2, 2004, which sets forth its resolution 01-09-2004 adopted on January 27, 2004, with regard to Petition 2003-12-02-24 submitted by Costco Companies, Inc requesting waiver use approval to utilize an SDD license (Packaged Liquor) in connection with an existing retail facility at 20000 Haggerty Road, located on the east side of Haggerty Road between Seven Mile and Eight Mile Roads in the Northwest 1/4 of Section 6, which property is zoned C-2, and the Council having conducted a public hearing with regard to this matter on March 22, 2004, the Council does hereby concur in the recommendation of the City Planning Commission and Petition 2003-12- 02-24 is hereby denied for the following reasons 1 That the petitioner has failed to affirmatively show that the proposed use is in compliance with all of the general waiver use standards and requirements as set forth in Section 19 06 of the Zoning Ordinance No 543, 2 That the proposal is not in compliance with the regulations set forth in subparagraph (4) under paragraph (r) of Section 11 03 of the Zoning Ordinance, which require that all alcoholic liquor products allowed to be sold in connection with the use of an SDD license shall be displayed behind a counter with no direct public access, 3 That the City is currently well served with existing SOD licensed retail establishments located in the City and in adjacent communities, 4 That there is no demonstrated need for additional SDD licensed facilities in this area of the City; 5 That the proposed use is incompatible to and not in harmony with the surrounding uses in the area, 6 That Costco has demonstrated a history of violating the rules and regulations of the Michigan Liquor Control Commission, and Regular Meeting of April 5, 2004 34585 7 That the City has a consistent past practice of denying similar requests from Costco and other large retail stores and similar establishments On a motion by Kokenakes, seconded by Robinson, it was RESOLVED, that the City Council does hereby determine, in lieu of the foregoing resolution, to substitute the following RESOLVED, that having considered a communication from the City Planning Commission, dated February 2, 2004, which sets forth its resolution 01-09-2004 adopted on January 27, 2004, with regard to Petition 2003-12-02-24 submitted by Costco Companies, Inc requesting waiver use approval to utilize an SDD license (Packaged Liquor) in connection with an existing retail facility at 20000 Haggerty Road, located on the east side of Haggerty Road between Seven Mile and Eight Mile Roads in the Northwest 1/4 of Section 6, which property is zoned C-2, and the Council having conducted a public hearing with regard to this matter on March 22, 2004, the Council does hereby refer this item to the Committee of the Whole for its report and recommendation A roll call vote was taken on the motion to substitute as follows AYES Kokenakes and Robinson NAYS Meakin, McCann, Knapp and Taylor The President declared the motion to substitute denied A roll call vote was then taken on the originally proposed resolution by Knapp, seconded by Meakin, as follows CR 155-04 RESOLVED, that having considered a communication from the City Planning Commission, dated February 2, 2004, which sets forth its resolution 01-09-2004 adopted on January 27, 2004, with regard to Petition 2003-12-02-24 submitted by Costco Companies, Inc requesting waiver use approval to utilize an SDD license (Packaged Liquor) in connection with an existing retail facility at 20000 Haggerty Road, located on the east side of Haggerty Road between Seven Mile and Eight Mile Roads in the Northwest 1/4 of Section 6, which property is zoned C-2, and the Council having conducted a public hearing with regard to this matter on March 22, 2004, the Council does hereby concur in the recommendation of the City Planning Commission and Petition 2003-12- 02-24 is hereby denied for the following reasons Regular Meeting of April 5, 2004 34586 1 That the petitioner has failed to affirmatively show 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 the Zoning Ordinance No 543, 2 That the proposal is not in compliance with the regulations set forth in subparagraph (4) under paragraph (r) of Section 11 03 of the Zoning Ordinance, which require that all alcoholic liquor products allowed to be sold in connection with the use of an SDD license shall be displayed behind a counter with no direct public access, 3 That the City is currently well served with existing SDD licensed retail establishments located in the City and in adjacent communities, 4 That there is no demonstrated need for additional SDD licensed facilities in this area of the City; 5 That the proposed use is incompatible to and not in harmony with the surrounding uses in the area, 6 That Costco has demonstrated a history of violating the rules and regulations of the Michigan Liquor Control Commission, and 7 That the City has a consistent past practice of denying similar requests trom Costco and other large retail stores and similar establishments with the following result: AYES Meakin, McCann, Knapp and Taylor NAYS Kokenakes and Robinson The President declared the resolution duly adopted On a motion by Knapp, seconded by Meakin, it was CR 156-04 RESOLVED, that in connection with Petition 2003-12-02-24, submitted by Costco Companies, Inc requesting waiver use approval to utilize an SDD license (Packaged Liquor) in connection with an existing retail facility at 20000 Haggerty Road, located on the east side of Haggerty Road between Seven Mile and Eight Mile Roads in the Northwest 1/4 of Section 6, which property is zoned C-2, the Council does hereby deny the request from the petitioner to waive the requirement set forth in Section Regular Meeting of April 5, 2004 34587 11 03(r)(4) of the Zoning Ordinance that packaged liquor sales at Costco be limited to behind the counter for the following reasons 1 That the Petitioner's request for operating an SDD license at this location has been denied, 2 That the Petitioner has not demonstrated to the City any unique conditions or circumstances, hardships or practical difficulties that prevent it from complying with the ordinance, and 3 That waiving this requirement would not do substantial justice A roll call vote was taken on the foregoing resolution with the following result: AYES Meakin, McCann, Robinson, Knapp and Taylor NAYS Kokenakes The President declared the resolution duly adopted On a motion by Knapp, seconded by Kokenakes, and unanimously adopted, it was CR 157-04 RESOLVED, that having considered a communication from the City Planning Commission, dated February 2, 2004, which sets forth its resolution 01-12-2004 adopted on January 27, 2004, with regard to Petition 2003-11-06-07, submitted by the City Planning Commission, pursuant to Council Resolution 564-03, and pursuant to Section 23 01(a) of Ordinance No 543, the Zoning Ordinance of the City of Livonia, as amended, to determine whether or not to amend Section 10 02 of Article X of the Zoning Ordinance to provide for sidewalk and parking lot tent sales as permitted accessory uses for retail establishments in C-1 Districts, and the Council having conducted a public hearing with regard to this matter on Monday, March 22, 2004, the Council does hereby approve Petition 2003-11-06-07 for preparation of the ordinance for submission to Council, and the Department of Law is requested to prepare an ordinance amending Ordinance No 543, as amended, in accordance with this resolution During the audience communication portion at the end of the meeting, Council President Taylor wished everyone a "Happy Passover" and a "Happy Easter" On a motion by Knapp, seconded by Robinson, and unanimously adopted, this 1,510t`' Regular Meeting of the Council of the City of Livonia was adjourned at 8 39 p m , April 5, 2004 Val Vandersloot, City Clerk