HomeMy WebLinkAboutCOUNCIL MINUTES 2006-05-10 35682
MINUTES OF THE ONE THOUSAND FIVE HUNDRED SIXTIETH
REGULAR MEETING OF MAY 10, 2006
On May 10, 2006, the above meeting was held at the City Hall, 33000
Civic Center Drive, Livonia, Michigan, and was called to order by the President of
the Council at 8 00 p m Councilmember Laura delivered the invocation
Roll was called with the following result: Joe Laura, Thomas
Robinson, Gerald Taylor, Donald Knapp, Brian Meakin, Terry Godfroid-Marecki and
James McCann
Absent: None
Elected and appointed officials present: Robert Schron, City Engineer;
Mark Taormina, City Planner; Sean Kavanagh, City Attorney; Val Vandersloot, City
Clerk, Karen Szymula, Director of Legislative Affairs and Karen Kapchonick,
Superintendent of Parks and Recreation
On a motion by Robinson, seconded by Taylor, it was
CR 194-06 RESOLVED, that the minutes of the 1,559th Regular
Meeting of the Council held April 26, 2006 are hereby approved as
submitted
A roll call vote was taken on the foregoing resolution with the following result:
AYES Robinson, Taylor, Knapp, Godfroid-Marecki and McCann
NAYS None
PRESENT Laura and Meakin
During the audience communication portion of the agenda,
Councilmember Meakin presented a Proclamation to Maria Henderson, 11800
Merriman, Livonia Main Post Office, announcing the 13th Annual National
Association of Letter Carriers Food Drive to be held on Saturday, May 13 Ms
Henderson accepted the Proclamation and urged residents to leave non-perishable
food items out for the letter carriers to collect on May 13
Regular Meeting of May 10, 2006 35683
City Clerk Val Vandersloot wished a "Happy Birthday" to her mother,
Zenija, who will celebrate her special day next week. She also wished her
husband, Donald, a "Happy Birthday", who will be 66 on Sunday, May 14
Donald will be traveling to Grand Rapids on that day to participate in the Fifth
Third Riverbank 25K Race
Michael Oblack, 18311 Irving, asked Council to consider starting the
Council meetings with the Pledge of Allegiance
A communication from the Department of Finance, dated April 20,
2006, re forwarding various financial statements of the City of Livonia for the month
ending March 31, 2006, was received and placed on file for the information of the
Council
An e-mail communication from the Mayor's Office, forwarding a
message from Ray Grix, resident of the Fountain Park Condominiums, re
opposing the "outside seating" at Beaners Gourmet Coffee located at 33328
Plymouth Road, was received and placed on file for the information of the
Council (Petition 2006-02-02-05) [Agenda Item #17]
On a motion by Taylor, seconded by Godfroid-Marecki, it was
CR 195-06 RESOLVED, that having considered an application from
Kathleen A. Fitzgerald, 9917 Cranston, dated April 12, 2006,
requesting permission to close Cranston between Elmira and
Orangelawn on Monday, May 29, 2006, from 2 00 p m to 8 00 p m for
the purpose of conducting a block party, the Council does hereby grant
permission as requested, the action taken herein being made subject
to the approval of the Police Department.
CR 196-06 RESOLVED, that having considered an application from
Kelly Perez, 36517 Sherwood, dated April 19, 2006, requesting
permission to close Sherwood between Comstock and Williams on
Saturday, June 10, 2006, from 12 00 noon to 5 00 p m for the purpose
of conducting a block party, the Council does hereby grant permission
as requested, including therein permission to conduct the said affair on
Saturday, June 17, 2006, in the event of inclement weather, the action
taken herein being made subject to the approval of the Police
Department.
Regular Meeting of May 10, 2006 35684
CR 197-06 RESOLVED, that having considered an application from
Tracy Favaro, 16148 Southampton Court, dated April 14, 2006,
requesting permission to close Southampton between 16253
Southampton and Oakdale Avenue on Saturday, June 24, 2006, from
3 00 p m to 10 00 p m for the purpose of conducting a block party, the
Council does hereby grant permission as requested, including therein
permission to conduct the said affair on Sunday, June 25, 2006, in the
event of inclement weather, the action taken herein being made
subject to the approval of the Police Department.
CR 198-06 RESOLVED, that having considered a letter from Jim
Guthard, Bottle Drive Chairman for Cub Scout Pack 750, dated April
11, 2006, which requests permission to display twelve (12) signs
announcing their Annual Bottle Drive to be held on Saturday, June 3,
2006, which signs are to be 24" x 24" in size and which will be
displayed from Saturday, May 27, 2006, through Saturday, June 3,
2006, at various locations in the City, the Council does hereby grant
and approve this request in the manner and form herein submitted,
with the understanding that the City is not responsible should the signs
be removed by Wayne County
CR 199-06 RESOLVED, that having considered a letter from Harry
Hooker, Event Chairman, on behalf of the Rotary Club of Livonia,
dated April 10, 2006, requesting permission to sell beer, to place a 4' x
8' banner at the entrance to Rotary Park for a period not to exceed two
weeks, and to place 18"x 28" wire mounted signs at various
intersections in the City, announcing the Rotary Club of Livonia's
Annual Bar-B-Que and Family Fun Fest to be held at Rotary Park on
Sunday, August 13, 2006, as a fundraiser for Rotary Park and other
Rotary community and international projects, the Council does hereby
grant permission as requested, the action taken herein being subject to
the following conditions
1 The Rotary Club of Livonia shall provide the City of Livonia with
an appropriate insurance policy naming the City of Livonia as
additional insured with liquor liability coverage in the amount of
$1 million, and such Certificate of Insurance shall be submitted
to the Department of Law for approval by the City prior to the
event;
2 That all alcoholic beverages will be sold only by Rotarians and
proof of legitimate drinking age will be required,
3 That alcoholic beverages will be served in a fenced off area,
`rr.
Regular Meeting of May 10, 2006 35685
4 That the Rotary Club will obtain a 24-hour Alcohol Sales Permit
from the State of Michigan prior to this event;
5 That medical and security personnel shall be on site at all times,
and
6 That the wire-mounted road signs will be installed on July 29,
2006 and removed by Monday, August 14, 2006, with the
understanding that the City is not responsible should the signs
be removed by Wayne County
CR 200-06 RESOLVED, that having considered a request made
during audience communication at the Study Meeting of May 3, 2006,
from Linda Bentley, 9206 Colorado, requesting the removal of a tree
stump in front of her house, the Council does hereby refer this item to
the Administration for its report and recommendation
CR 201-06 RESOLVED, that having considered a communication
from the Mayor, dated May 1, 2006, wherein he has requested
approval of the reappointment of Stan Anderson to the Livonia
Plymouth Road Development Authority as a Resident Member at
Large for a four-year term expiring May 16, 2010, pursuant to Section
3 16 060 of the Livonia Code of Ordinances, as amended, and Act No
197 of the Public Acts of Michigan of 1975, as amended, the Council
does hereby confirm and approve such reappointment.
CR 202-06 RESOLVED, that having considered a communication
from the Mayor, dated April 21, 2006, wherein he has requested
approval of the reappointment of Scott Grace to the Livonia Plymouth
Road Development Authority as a representative of the
Business/Property Owner in the district for a four-year term expiring
May 16, 2010, pursuant to Section 3 16 060 of the Livonia Code of
Ordinances, as amended, and Act No 197 of the Public Acts of
Michigan of 1975, as amended, the Council does hereby confirm and
approve such reappointment.
CR 203-06 RESOLVED, that having considered a communication
from the Mayor, dated April 21, 2006, wherein he has requested
approval of the reappointment of John J Hiltz to the Livonia Plymouth
Road Development Authority as a representative of the
Business/Property Owner in the district for a four-year term expiring
May 16, 2010, pursuant to Section 3 16 060 of the Livonia Code of
Ordinances, as amended, and Act No 197 of the Public Acts of
Regular Meeting of May 10, 2006 35686
Michigan of 1975, as amended, the Council does hereby confirm and
approve such reappointment.
CR 204-06 RESOLVED, that having considered a communication
from the Director of Public Safety, dated April 11, 2006, which bears
the signature of the Finance Director and is approved for submission
by the Mayor, the Council does, for and on behalf of the City of Livonia,
accept the 2004 State Homeland Security Grant Program -
Interoperable Communications Equipment Agreement - funds in the
total amount of $22,000 00, to be used by the Police Department to
purchase equipment to enhance the City's communications
interoperability for preventing, deterring, responding and recovering
from threats and incidents of terrorism, with no matching funds
required, to be deposited and maintained in Account No 223-661-971-
000 (Capital Outlay) and appropriated for its intended purpose
CR 205-06 RESOLVED, that having considered the report and
recommendation of the Director of Public Safety, dated April 17, 2006,
which bears the signature of the Director of Finance and is approved
for submission by the Mayor, the Council does hereby accept the
proposal submitted by AT&T/Technology Services, 23500
Northwestern Highway, Southfield, Michigan 48075, for upgrade of the
Emergency Operating Center (EOC) located in the basement of the
Livonia Police Department for a total amount not to exceed
$40,927 20, FURTHER, the Council does hereby authorize an
expenditure in the amount of $28,000 00 from Account No 223-648-
987-000 as part of the 2004 Homeland Security - LE Terrorism
Prevention Program (LETPP), FURTHER, the Council does hereby
authorize an expenditure in the amount of $12,927.20 from funds
already budgeted in Account No 101-319-983-000 (Reserve Police
Capital Outlay - Office Equipment) for this purpose, FURTHER, the
Council does hereby determine to authorize this proposal without
competitive bidding inasmuch as the same is based upon the State of
Michigan MiDeal purchasing program and in accordance with the
provisions set forth in Section 3 04 140D4 of the Livonia Code of
Ordinances, as amended
CR 206-06 RESOLVED, that having considered the report and
recommendation of the Director of Public Works and the
Superintendent of Public Service, dated April 12, 2006, 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 Rayco of
Michigan, Inc , 19322 Gerald Street, Northville, Michigan 48167, for
supplying the Public Service Division (Road Maintenance Section) with
one (1) 12" brush chipper for a net price of $32,900 00, based on a
total price of $37,900 00 less trade-in of $5,000 00, the same having
Regular Meeting of May 10, 2006 35687
been in fact the lowest bid received which meets all specifications,
FURTHER, the Council does hereby authorize an expenditure in the
amount of $32,900 00 from funds already budgeted in Account No
205-527-987-000 (Municipal Refuse Fund) for this purpose
CR 207-06 RESOLVED, that having considered the report and
recommendation of the Director of Public Works and the
Superintendent of Public Service, dated April 12, 2006, which bears
the signature of the Director of Finance and is approved for submission
by the Mayor, with regard to the Alliance of Rouge Communities (ARC)
Annual Assessment for 2006, the Council does hereby approve
payment to Wayne County Department of Environment, (acting as
fiduciary for the ARC), 415 Clifford, Detroit, Michigan 48226, in the
amount of $29,010 00 for the City's annual ARC assessment for 2006,
FURTHER, the Council does hereby authorize an expenditure in the
amount of $29,010 00 from funds already budgeted in Account No
592-559-840-030 (Professional and Contractual Services, Rouge/Illicit
Disconnection Issues) for this purpose
CR 208-06 RESOLVED, that having considered the report and
recommendation of the Director of Public Works and the City Engineer,
dated April 6, 2006, which bears the signature of the Director of
Finance and is approved for submission by the Mayor, with regard to
the proposed modernization of traffic signals at the intersections of
Seven Mile Road and Purlingbrook Road, the Council does hereby
refer this item to the Traffic Commission for its report and
recommendation
CR 209-06 WHEREAS, the City of Livonia believes quality roads are
a vital part of any community, and
WHEREAS, certain improvements are necessary to Haggerty Road
between Seven Mile Road and the Livonia City Limit, and on Seven
Mile Road, east and west of Haggerty Road, to increase traffic safety
and to encourage economic development, and
WHEREAS, the County of Wayne has committed to resurfacing the
Roads in an area generally described as Haggerty Road (Seven Mile
Road to Livonia City Limit) and Seven Mile Road (East and West of
Haggerty Road) and the City of Livonia will assist financially in the
resurfacing of the roads, and
WHEREAS, the City of Livonia will provide payment to the County of
Wayne in the amount of $33,741 00 (as found in Exhibit A to this
Agreement), 3 59% of the total cost of the project, and
L
Regular Meeting of May 10, 2006 35688
NOW, THEREFORE BE IT RESOLVED, that the Livonia City Council
does hereby approve the proposed Agreement between the City of
Livonia and County of Wayne for the resurfacing of Haggerty Road
(Seven Mile Road to Livonia City Limit) and Seven Mile Road (East
and West of Haggerty Road) and does hereby authorize an
appropriation and expenditure in the estimated amount of $33,741 00
(for the City's estimated share of this project) from the General
Obligation Road Bond Issue, with expenditures being made upon
receipt of invoices from Wayne County; and
BE IT FURTHER RESOLVED, that the Mayor and City Clerk are
hereby authorized to execute the Agreement for and on behalf of the
City of Livonia, and the City Clerk is hereby requested to forward a
certified copy of this resolution, together with the signed Agreement, to
the Wayne County Department of Public Services
CR 210-06 RESOLVED, that having considered a communication
from the City Planning Commission, dated April 7, 2006, which
transmits its resolution 04-42-2006, adopted on April 4, 2006, with
regard to Petition 2006-02-02-04, submitted by Urban Interiors, LLC,
requesting waiver use approval to operate a secondhand store
(consignment shop) in the Merri-Five Shopping Center, located on the
north side of Five Mile Road between Merriman Road and Bainbridge
Avenue in the Southwest 1/4 of Section 14, which property is zoned C-
2, the Council does hereby concur in the recommendation of the
Planning Commission and Petition 2006-02-02-04 is hereby approved
and granted, subject to the following conditions
1 That the area utilized for the sales and display of merchandise
shall be in accordance with the floor plan submitted with this
request;
2 That there shall be no outdoor sales, storage or display of
merchandise, and no storage of merchandise in any type of
temporary or portable unit, structure or trailer;
3 That the following items listed in the correspondence dated
March 17, 2006, from the Inspection Department shall be
resolved to that department's satisfaction
• That the rear drive at the west end shall be replaced,
• That the concrete light pole bases in the south parking lot
and at the west property line shall undergo a structural
evaluation and shall be repaired or replaced as needed,
Regular Meeting of May 10, 2006 35689
4 That the owner of the shopping center shall submit a plan to the
City Council addressing the concern of the excessive number of
dumpsters at the rear of the center;
5 That used clothing and appliance sales are restricted and are
not a part of this approval,
6 That only conforming signage is approved with this petition,
7 That no LED lightband or exposed neon shall be permitted on
this site including, but not limited to, the building or around the
windows,
8 That the petitioner shall submit a Letter of Understanding,
approved as to form by the Department of Law, signed by the
property owner and petitioner indicating that this waiver use will
be voluntarily abandoned if the petitioner moves from the
premises or eliminates the resale portion of its business, or if
the owners sell, assign or transfer more than 50% of their
interest in the company;
9 That the plan referenced in this approving resolution shall be
submitted to the Inspection Department at the time the
occupancy and zoning compliance permits are applied for; and
10 That the petitioner shall apply for a secondhand merchandise
dealers' license from the City Clerk and, in the event the
applicant is unable to obtain such license based upon the
background investigation, the waiver use approval granted herein
shall be considered null and void
CR 211-06 RESOLVED, that having considered a communication
from the City Planning Commission, dated April 7, 2006, which
transmits its resolution 04-43-2006, adopted on April 4, 2006, with
regard to Petition 2006-02-02-05, submitted by Bean There LLC,
requesting waiver use approval to operate a limited service restaurant
(Beaner's Gourmet Coffee) in the Fountain Park Development, located
on the north side of Plymouth Road between Farmington Road and
Mayfield Avenue in the Southwest 1/4 of Section 27, which property is
zoned C-2, the Council does hereby concur in the recommendation of
the Planning Commission and Petition 2006-02-02-05 is hereby
approved and granted, subject to the following conditions
1 That the Floor Plan marked Sheet Al prepared by Wolgast
Professional Services, dated February 13, 2006, is hereby
approved and shall be adhered to, except that a maximum of six
Regular Meeting of May 10, 2006 35690
outdoor seats shall be permitted on the west side of the
building, subject to approval by the Inspection Department;
2 That the maximum number of customer seats shall not exceed
30, including 24 interior seats and 6 exterior seats,
3 That the petitioner shall comply with the stipulations listed in the
correspondence dated March 7, 2006, from the Livonia Fire and
Rescue Division,
4 That only conforming signage is approved with this petition, and
any additional signage shall be submitted for review and
approval by the Planning Commission and City Council,
5 That wall signage shall not be illuminated beyond one (1) hour
after this business closes,
6 That no LED lightband or exposed neon shall be permitted on
the site including, but not limited to, the building or around the
windows,
7 That there shall be no more than two tables located outside the
building at any time, and
8 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
CR 212-06 RESOLVED, that having considered a communication
from the City Planning Commission, dated April 7, 2006, which
transmits its resolution 04-44-2006, adopted on April 4, 2006, with
regard to Petition 2006-03-02-06, submitted by Community Alliance
Credit Union, requesting waiver use approval to construct a one-story
financial institution with a drive-up canopy for banking services on
property located at 37401 Plymouth Road, on the south side of
Plymouth Road, between Newburgh Road and Jughandle Road in the
Southeast 1/4 of Section 30, which property is zoned C-2, the Council
does hereby concur in the recommendation of the Planning
Commission and Petition 2006-03-02-06 is hereby approved and
granted, subject to the following conditions
1 That the Site Plan marked Sheet 1 of Job #06005 prepared by
Arpee/Donnan, Inc , dated March 29, 2006, as revised, is
hereby approved and shall be adhered to,
Regular Meeting of May 10, 2006 35691
2 That the Landscape Plan marked Sheet LP-1 submitted by
Arpee/Donnan, Inc , dated March 30, 2006, as revised, is
hereby approved and shall be adhered to,
3 That an automatic, underground irrigation system shall be
provided for all landscaped areas and all planted materials shall
be installed to the satisfaction of the Inspection Department and
thereafter permanently maintained in a healthy condition,
4 That the Building Elevations Plan marked Sheet A-2 prepared
by Thomas D Auer, Architect, dated March 29, 2006, as
revised, is hereby approved and shall be adhered to,
5 That brick used in the construction of the building shall be full
face 4-inch brick, and precast masonry unit systems shall meet
ASTM 216 standards,
6 That all light fixtures shall not exceed 20 feet in height and shall
be shielded to minimize glare trespassing on adjacent
properties and roadway;
7 That all parking spaces shall be double striped,
8 That signage for this use shall be limited to two ground signs,
each not to exceed a maximum sign area of 30 square feet or to
exceed 6 feet in height and 10 feet in length, as portrayed on
the Monument Sign Plan prepared by Huron Sign Company,
subject to the granting of a variance for excessive number of
ground signs by the Zoning Board of Appeals and any
conditions pertaining thereto,
9 That the petitioner shall seek any needed variances from the
Zoning Board of Appeals for deficient building setbacks,
10 That the existing 4 foot high "page wire" fence that extends
along a portion of the southerly property line shall be removed,
11 That the petitioner shall comply with the stipulations listed in the
correspondence dated March 13, 2006, from the Fire Marshal,
and
12 That the specific plans referenced in this approving resolution
shall be submitted to the Inspection Department at the time of
} application for the building permits
Regular Meeting of May 10, 2006 35692
A roll call vote was taken on the foregoing resolutions with the following result:
AYES Laura, Robinson, Taylor, Knapp, Meakin, Godfroid-Marecki
and McCann
NAYS None
Councilmember Meakin took from the table, for second
reading and adoption, the following Ordinance
AN ORDINANCE AMENDING SECTION 9 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 2005-07-01-06)
A roll call vote was taken on the foregoing Ordinance with the following result:
AYES Laura, Taylor, Meakin, Godfroid-Marecki and McCann
NAYS Robinson and Knapp
The President declared the foregoing Ordinance Amendment failed for the lack of six
votes as required under the State Statute Protest provisions
On a motion by Knapp, seconded by Robinson, it was
CR 213-06 RESOLVED, that having considered a communication
from the City Planning Commission, dated March 10, 2006, which
transmits its resolution 03-27-2006, adopted on March 7, 2006, and
Public Hearings having been held on March 7 and April 10, 2006,
respectively, with regard to Petition 2006-02-02-03, submitted by
Sundance, Inc , requesting waiver use approval to construct a full
service restaurant (Taco Bell) with drive-up window facilities located at
19055 Farmington Road, on the west side of Farmington Road
between Seven Mile Road and Clarita Avenue in the Northeast 1/4 of
Section 9, which property is zoned C-2, the Council does hereby
concur in the recommendation of the Planning Commission and
Petition 2006-06-02-02-03 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 special and
Regular Meeting of May 10, 2006 35693
general waiver use standards and requirements as set forth in
Sections 11 03 and 19 06 of Zoning Ordinance No 543,
2 That the proposed use and its location, intensity, site layout and
periods of operation are such that the use is incompatible to and
not in harmony with the surrounding uses in the area,
particularly with respect to the residential neighborhood to the
south and west;
3 That the proposed site layout and its relation to streets giving
access to it, particularly with respect to vehicular turning
movements in relation to routes of traffic flow and location and
access of off-street parking, will be hazardous and inconvenient
to the neighborhood and will unduly conflict with the normal
traffic flow and circulation patterns in the neighboring area,
4 That the proposed use is contrary to the purposes, goals and
objectives of the Zoning Ordinance, which seek to insure
compatibility and appropriateness of uses so as to enhance
property values and to create and promote a more favorable
environment for neighborhood use and enjoyment;
5 That the petitioner has failed to sufficiently demonstrate that the
site has the capacity to accommodate the proposed use, and
6 That the proposal fails to conclusively deal with all the concerns
deemed necessary for the safety and welfare of the City and its
residents
A roll call vote was taken on the foregoing resolution with the following result.
AYES Robinson, Knapp, Meakin and McCann
NAYS Laura, Taylor and Godfroid-Marecki
The President declared the resolution duly adopted
On a motion by Laura, seconded by Taylor, it was
RESOLVED, that having considered a communication
from the City Planning Commission, dated March 10, 2006, which
transmits its resolution 03-27-2006, adopted on March 7, 2006, with
regard to Petition 2006-02-02-03, submitted by Sundance, Inc.,
requesting waiver use approval to construct a full service restaurant
(Taco Bell) with drive-up window facilities located at 19055 Farmington
Road, on the west side of Farmington Road between Seven Mile Road
and Clarita Avenue in the Northeast 1/4 of Section 9, which property is
Regular Meeting of May 10, 2006 35694
zoned C-2, the Council does hereby reject the recommendation of the
Planning Commission and Petition 2006-02-02-03 is hereby approved
and granted, subject to the following conditions
1 That the Site Plan marked Sheet SP prepared by Desine Inc.,
dated March 2, 2006, as revised, is hereby approved and shall
be adhered to,
2 That the Landscape Plan marked Sheet LA prepared by Desine
Inc , dated March 2, 2006, as revised, is hereby approved and
shall be adhered to, except that additional medium-full size
trees shall be planted in the front yard and along the south side
of the proposed screening wall at the direction of the Planning
and Inspection Departments,
3 That there shall be no deliveries between the hours of 11 00
p m and 700 a m ,
4 That the property shall be continually maintained to the
satisfaction of the Inspection Department;
5 That underground sprinklers shall be provided for all landscaped
and sodded areas, and all planted materials shall be installed to
the satisfaction of the Inspection Department and thereafter
permanently maintained in a healthy condition,
6 That the maximum number of customer seats shall not exceed
38 seats,
7 That the Exterior Elevations Plans marked Sheets A4 and A4 1
prepared by Anthony Pucci Architect, both dated February 27,
2006, as revised, are hereby approved and shall be adhered to,
8 That manufactured cultured stone unit systems used in the
construction of the building shall meet ASTM 216 standards,
9 That all regular parking spaces shall be 10' x 20' in size and the
required handicapped space shall be properly located, sized
and signed,
10 That all parking spaces shall be double striped,
11 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,
Regular Meeting of May 10, 2006 35695
12 That all light fixtures shall not exceed a height of 20 feet above
grade and shall be shielded to minimize glare trespassing on
adjacent properties and roadway;
13 That the petitioner shall seek any needed variance from the
Zoning Board of Appeals for deficient front yard setback,
14 That only conforming signage is approved with this petition, and
any additional signage shall be separately submitted for review
and approval by the Planning Commission and City Council,
except that the freestanding business sign shall be permitted on
the decorative knee wall as shown on Sheet DT2, dated March
2, 2006, subject to the approval of the Zoning Board of Appeals
for a sign that exceeds ten (10) feet in length,
15 That no LED lightband or exposed neon shall be permitted on
this site, including but not limited to, the building or around the
windows,
16 That this approval shall incorporate the recommendations of the
Traffic Bureau stated in the correspondence dated February 17,
2006,
17 That the petitioner shall comply with the stipulations listed in the
correspondence dated February 8, 2006 from the Fire Marshal,
and
18 That the specific plans referenced in this approving resolution
shall be submitted to the Inspection Department at the time of
application for building permits
On a motion by Robinson, seconded by Taylor, 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 March 10, 2006,
which transmits its resolution 03-27-2006, adopted on March 7,
2006, with regard to Petition 2006-02-02-03, submitted by
Sundance, Inc , requesting waiver use approval to construct a
full service restaurant (Taco Bell) with drive-up window facilities
located at 19055 Farmington Road, on the west side of
Farmington Road between Seven Mile Road and Clarita Avenue
in the Northeast 1/4 of Section 9, which property is zoned C-2,
the Council does hereby determine to take no further action
Regular Meeting of May 10, 2006 35696
A roll call vote was taken on the motion to substitute as follows
AYES Laura, Robinson, Taylor, Knapp, Meakin, Godfroid-
Marecki and McCann
NAYS None
The President declared the motion to substitute adopted
On a motion by Robinson, seconded by Taylor, and unanimously
adopted, it was
CR 214-06 RESOLVED, that having considered a
communication from the City Planning Commission, dated
March 10, 2006, which transmits its resolution 03-27-2006,
adopted on March 7, 2006, with regard to Petition 2006-02-02-
03, submitted by Sundance, Inc , requesting waiver use
approval to construct a full service restaurant (Taco Bell) with
drive-up window facilities located at 19055 Farmington Road, on
the west side of Farmington Road between Seven Mile Road
and Clarita Avenue in the Northeast 1/4 of Section 9, which
property is zoned C-2, the Council does hereby determine to
take no further action
On a motion by Robinson, seconded by Godfroid-Marecki, it
was
CR 215-06 RESOLVED, that having considered a
communication from the City Assessor, dated April 10, 2006,
approved for submission by the Mayor, with regard to a request
from Sonja Styles, 20224 Purlingbrook, Livonia, Michigan
48152, 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 approve of the proposed
division and combination of Tax Item Nos 46-005-99-0061-000
and 46-005-99-0063-000 into two parcels, the legal descriptions
of which shall read as follows
PARCEL A
Being part of NE 1/4 of Section 2, T1 S, R9E, City of Livonia,
Wayne Co , Michigan Beginning due South 1074 12 feet along
centerline of Purlingbrook Road from North 'A corner of Section
2, thence due South 82 98 feet, thence North 89°56'00" East
368 60 feet; thence due North 82 58 feet, thence South
89°57'00" West 28 58 feet; thence due South 7 50 feet; thence
Regular Meeting of May 10, 2006 35697
North 88°45'00" West 340 08 feet to the point of beginning (A),
exc West 30 feet, more or less 0 61 Acres
PARCEL B
Being part of NE 1/4 of Section 2, T1 S, R9E, City of Livonia,
Wayne Co , Michigan Beginning at a point distance due South
along North and South % Section line 115710 feet along
centerline of Purlingbrook Road and North 89°56'00" East
368 60 feet from the North 1/4 corner of Section 2 and
proceeding thence North 89°56'00" East 285 00 feet; thence
due North 82 50 feet; thence South 89°57'00" West 285 00 feet;
thence due South 82 58 feet to the point of beginning (B), exc
East 20 00 feet for easement or R.O W , more or less 0 50
Acres
as shown on the map attached to the aforesaid communication
which is made a part hereof by reference, FURTHER, in
accordance with Section 16 32 030 of the Livonia Code of
Ordinances, as amended, and Section 18 46 of Zoning
Ordinance No 543, as amended, the Council does hereby
waive the minimum lot width requirement set forth in Zoning
Ordinance No 543, as amended, with respect to this property
division and combination, FURTHER, the Council does hereby
find that a) the proposed lots substantially comply with the
otherwise applicable lot width requirements, and b) the
proposed lots would be consistent with the size, shape and
width of lots existing in the vicinity of the proposed split; and the
City Clerk is hereby requested to cause a certified copy of this
resolution to be recorded in the Office of the Wayne County
Register of Deeds
A roll call vote was taken on the foregoing resolution with the following result:
AYES Laura, Robinson, Taylor, Knapp, Meakin, Godfroid-Marecki
and McCann
NAYS None
The President declared the resolution duly adopted
The petitioner was present at the meeting to answer questions of the Council
On a motion by Taylor, seconded by Meakin, and unanimously
Regular Meeting of May 10, 2006 35698
adopted, it was
CR 216-06 RESOLVED, that having considered a communication
from the City Assessor, dated April 20, 2006, approved for submission
by the Mayor, with regard to a request from William Roskelly, on behalf
of Patricia Vier, 9552 Wayne Road, 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 approve of the proposed division and combination of Tax Item
Nos 46-130-01-0042-002 and 46-130-01-0043-002 into two parcels,
the legal descriptions of which shall read as follows
PARCEL A
Lot 42 and the North 7 5 feet of Lot 43, except the East 330 feet,
thereof both lots, and except the West 27 feet, thereof both lots
Supervisor's Livonia Plat #1, of the East 1/2 of the N W 1/4 Sec. 33, (T 1
S , R 9 E ), Livonia Twp (now City of Livonia), Wayne Co , Mich , as
recorded in Liber 65, Page 52, Wayne County Records Subject to
easements of record
PARCEL B
Lot 43, except the North 7 5 feet, thereof, and except the East 330
feet, thereof, and except the West 27 feet, thereof; Supervisor's
Livonia Plat #1, of the East 1/2 of the N W 'A Sec 33, (T 1 S , R.9 E ),
Livonia Twp (now City of Livonia), Wayne Co , Mich , as recorded in
Liber 65, Page 52, Wayne County Records Subject to easements of
record
as shown on the map attached to the aforesaid communication which
is made a part hereof by reference, FURTHER, in accordance with
Section 16 32 030 of the Livonia Code of Ordinances, as amended,
and Section 18 46 of Zoning Ordinance No 543, as amended, the
Council does hereby waive the minimum lot width and area
requirements set forth in Zoning Ordinance No 543, as amended, with
respect to this property division and combination, and the City Clerk is
hereby requested to cause a certified copy of this resolution to be
recorded in the Office of the Wayne County Register of Deeds
A roll call vote was taken on the foregoing resolution with the following result
AYES Laura, Robinson, Taylor, Knapp, Meakin, Godfroid-Marecki
and McCann
NAYS None
Regular Meeting of May 10, 2006 35699
The President declared the resolution duly adopted
A communication from the Law Department, dated May 4, 2006, re
waiver of fence requirement set forth in Section 16 11(b)(1) of the Zoning Ordinance
as it relates to a waiver petition submitted by Michigan Reconditioning and Fleet
Services, re operating a truck and automobile repair facility at 34550 Glendale, was
received and placed on file for the information of the Council (Petition 2006-02-02-
02)
On a motion by Meakin, seconded by Taylor, and unanimously
adopted, it was.
CR 217-06 RESOLVED, that having considered a communication
from the City Planning Commission, dated March 9, 2006, which
transmits its resolution 03-26-2006, adopted on March 7, 2006, with
regard to Petition 2006-02-02-02, submitted by Michigan
Reconditioning and Fleet Services requesting waiver use approval to
operate an automobile and truck repair facility on property located at
34550 Glendale Avenue, on the north side of Glendale Avenue,
between Stark Road and Fairlane Avenue in the Northwest 1/4 of
Section 28, which property is zoned M-1, the Council does hereby
concur in the recommendation of the Planning Commission and
Petition 2006-02-02-02 is hereby approved and granted, subject to the
following conditions
1 That parking areas shall be provided which shall be sufficient in
size for the parking of automobiles and other motor vehicles
used by patrons and employees in accordance with the parking
requirement for this use as set forth in Section 18 38 (29) of the
Zoning Ordinance,
2 That an improved parking area in the rear yard, required to the
extent necessary to fully comply with the parking requirement
for this use, shall be surfaced with concrete or plant-mixed
asphalt or a paving improvement of equivalent design as
approved by the Engineering Division,
3 That all required parking spaces shall be sized properly and
double striped,
Regular Meeting of May 10, 2006 35700
4 That the existing landscaped areas shall receive needed
maintenance and any portions of the rear yard not used for
driveways or parking areas shall be established as landscaped
areas, with proper irrigation, and all landscaping work shall be
accomplished to the satisfaction of the Inspection Department
and all planted materials shall thereafter be permanently
maintained in a healthy condition,
5 That there shall be no outdoor storage of dismantled, damaged,
inoperable or unlicensed vehicles,
6 That all auto parts, equipment, scrap material, debris or similar
items generated by the subject use shall be stored inside the
building or inside a dumpster or other type of trash container;
and
7 That this building shall be required to undergo a full inspection
from Plumbing, HVAC, Electrical and Building Inspectors of the
Inspection Department to make an evaluation of current
conditions and alterations or changes since built, for which the
petitioner shall apply for any and all permits that may need to be
obtained
On a motion by Godfroid-Marecki, seconded by Meakin, it was
CR 218-06 RESOLVED, that in connection with Petition 2006-02-02-
02, submitted by Michigan Reconditioning and Fleet Services
requesting waiver use approval to operate an automobile and truck
repair facility on property located at 34550 Glendale Avenue, the
Council does hereby waive the requirement that the lot area be
enclosed by a fence, as set forth in Section 16 11(b)(1) of Zoning
Ordinance No 543, as amended, PROVIDED, FURTHER, that the
petitioner shall submit a signed Letter of Understanding, approved as
to form by the Department of Law, acknowledging and agreeing that
this waiver of the fence requirement shall be limited to this petitioner
only and shall not run with the land
A roll call vote was taken on the foregoing resolution with the following result:
AYES Laura, Robinson, Taylor, Knapp, Meakin, Godfroid-Marecki
and McCann
NAYS None
The President declared the resolution duly adopted
Regular Meeting of May 10, 2006 35701
A communication from Kathy McKim, Acting Property Manager, dated
May 9, 2006, re forwarding color renderings for Harrison Square Plaza,
submitted by Spectrum Builders, was received and placed on file for the
information of the Council (Petition 2005-10-08-21)
On a motion by Taylor, seconded by Knapp, it was
CR 219-06 RESOLVED, that having considered a communication
from the City Planning Commission, dated March 27, 2006, which
transmits its resolution 03-36-2006 adopted on March 21, 2006, with
regard to Petition 2005-10-08-21 submitted by Spectrum Builders, on
behalf of Harrison Square Plaza, requesting site plan approval in
connection with a proposal to renovate the exterior of the commercial
strip center located at 28400 Five Mile Road, on the northwest corner
of Five Mile Road and Harrison Avenue in the Southwest 1/4 of
Section 13, pursuant to the provisions set forth in Section 18 58 of
Zoning Ordinance No 543, as amended, 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 foregoing resolution with the following result:
AYES Laura, Taylor, Knapp, Meakin, Godfroid-Marecki and McCann
NAYS Robinson
The President declared the resolution duly adopted
Chris Wolf, Spectrum Builders, was present at the meeting to answer questions of
the Council
A petition from residents of Bethany and Northland Drives, received
May 10, 2006, re protesting a proposed driveway on Bethany Drive as it relates to
the construction of a dental office at 37500 Seven Mile Road, was received and
placed on file for the information of the Council (Petition 2004-10-08-19)
On a motion by Godfroid-Marecki, seconded by Meakin, it was
CR 220-06 RESOLVED, that having considered the report and
recommendation of the Planning Commission, dated March 24, 2006,
Regular Meeting of May 10, 2006 35702
which transmits its resolution 03-34-2006, adopted on March 21, 2006,
with regard to a request from Apple Crest Dental for approval of a
revised site plan in connection with Petition 2004-10-08-19, previously
approved in Council Resolution 299-05, adopted on June 8, 2005,
involving a proposal to construct a dental office on property located at
37500 Seven Mile Road, on the north side of Seven Mile Road,
between Newburgh Road and the 1-275/96 Expressway in the
Southeast 1/4 of Section 6, pursuant to the provisions set forth in
Section 18 47 of Ordinance No 543, as amended, the Council does
hereby concur in the recommendation of the Planning Commission and
the revised site plan in connection with Petition 2004-10-08-19 is
hereby approved, subject to the following conditions
1 That the Site Plan marked Sheet 2 dated August 17, 2005, as
revised, prepared by Mickalich and Associates, is hereby
approved and shall be adhered to,
2 That the Landscape Plan marked Sheet L-1 1 dated October 5,
2005, as revised, prepared by AZD Associates, is hereby
approved and shall be adhered to, and
3 That all other conditions imposed by Council Resolution 299-05,
which granted approval to construct a dental office, shall remain
in effect to the extent that they are not in conflict with the
foregoing conditions
A roll call vote was taken on the foregoing resolution with the following result.
AYES Robinson, Taylor, Meakin, Godfroid-Marecki and McCann
NAYS Laura and Knapp
The President declared the resolution duly adopted
On a motion by Taylor, seconded by Godfroid-Marecki, it was
CR 221-06 RESOLVED, that having considered the report and
recommendation of the Planning Commission, dated March 24, 2006,
which transmits its resolution 03-34-2006, adopted on March 21, 2006,
with regard to a request from Apple Crest Dental for approval of a
revised site plan in connection with Petition 2004-10-08-19, previously
Regular Meeting of May 10, 2006 35703
approved in Council Resolution 299-05, adopted on June 8, 2005, the
Council does hereby amend and revise Council Resolution 299-05 so
as to read as follows
RESOLVED, that having considered the report and
recommendation of the Committee of the Whole, dated May
24, 2005, submitted pursuant to Council Resolution 586-04,
with regard to a communication from the City Planning
Commission, dated December 1, 2004, which transmits its
resolution 11-153-2004, adopted on November 30, 2004, with
regard to Petition 2004-10-08-19 submitted by Apple Crest
Dental, requesting site plan approval in connection with a
proposal to construct a dental office on property located at
37500 Seven Mile Road, on the north side of Seven Mile Road
between Newburgh Road and the 1-275/96 Expressway in the
Southeast 1/4 of Section 6, pursuant to the provisions set forth
in Section 18 47 of Ordinance No 543, as amended, the
Council does hereby concur in the recommendation of the
Planning Commission and Petition 2004-10-08-19 is hereby
approved and granted, subject to the property being rezoned to
OS, and to the following additional conditions
1 That the Site Plan marked Sheet 2, dated March 24, 2004,
received by the City Council on May 27, 2005, as revised,
prepared by Mickalich and Associates, is hereby approved
and shall be adhered to, except for the following
• That the existing garage shall be removed, including the
drive approach onto Bethany;
• That the outside dumpster and enclosure shall be
eliminated and all trash shall be handled internally;
2 That the Landscape Plan marked Sheet L-1 dated 5-25-05,
as revised, prepared by AZD Associates, is hereby approved
and shall be adhered to,
3 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;
4 That all disturbed lawn areas shall be sodded in lieu of
hydroseeding,
Regular Meeting of May 10, 2006 35704
5 That underground sprinklers are to be provided for all
landscaped and sodded areas, and all planted materials
shall be installed to the satisfaction of the Inspection
Department and thereafter permanently maintained in a
healthy condition,
6 That the Exterior Building Elevation Plans marked Sheets A-
2 1 and A-2.2 both dated 5-25-05, as revised, prepared by
AZD Associates, are hereby approved and shall be adhered
to,
7 That the lower level useable floor area shall be limited to a
maximum of 4,250 square feet as per the submitted Lower
Level Floor Plan, Sheet A-1 0 dated 5-25-05, as revised,
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
from public view on all sides by screening that shall be of a
compatible character, material and color to other exterior
materials on the building,
10 That the petitioner shall secure the necessary storm water
management permits from Wayne County, the City of
Livonia, and/or the State of Michigan,
11 That all light fixtures shall not exceed twenty (20) feet in
height and shall be aimed and shielded so as to minimize
stray light trespassing across property lines and glaring into
adjacent roadway;
12 That the petitioner shall correct to the Police Department's
satisfaction the following as outlined in the correspondence
dated October 15, 2004
• That STOP signs shall be installed for vehicles exiting the
site,
Regular Meeting of May 10, 2006 35705
13 That the petitioner shall correct to the Inspection
Department's satisfaction the items outlined in the
correspondence dated May 26, 2005,
14 That only conforming signage is approved with this petition,
and any additional signage shall be separately submitted for
review and approval by the Planning Commission and City
Council,
15 That no LED lightband or exposed neon shall be permitted
on this site, including but not limited to, the building or
around the windows,
16 That the greenbelts along the north and west property lines,
as shown on the approved site and landscape plans, are
hereby accepted and shall be substituted for the protective
wall required by Section 18 45 of the Zoning Ordinance,
17 That any change of circumstances in these areas containing
the greenbelts resulting in a diminution of the greenbelt's
effectiveness as a protective barrier, the owner of the
property shall be required to submit such changes to the
Planning Commission and City Council for their review and
approval or immediately construct the protective wall
pursuant to Section 18 45, and
18 That the specific plans referenced in this approving
resolution shall be submitted to the Inspection Department at
the time the building permits are applied for; and
19 That a "No Left Turn" sign shall be placed at the drive onto
Bethany Drive
A roll call vote was taken on the foregoing resolution with the following result:
AYES Robinson, Taylor, Meakin, Godfroid-Marecki and McCann
NAYS Laura and Knapp
Regular Meeting of May 10, 2006 35706
The President declared the resolution duly adopted
On a motion by Meakin, seconded by Laura, and unanimously
adopted, it was
CR 222-06 RESOLVED, that in connection with the request
from Apple Crest Dental for approval of a revised site plan in
connection with Petition 2004-10-08-19, the Council does
hereby refer the subject of limiting traffic on Bethany to the
Traffic Commission for its report and recommendation
Cathy Klochner, 37860 Northland, Livonia and Dan McCloud, 19343
Bethany, Livonia, both spoke to the Council opposing the proposed curb cut on
Bethany Drive relative to Petition 2004-10-08-19 submitted by Apple Crest Dental
Eric Zylinski, petitioner, was present at the meeting to answer
questions of the Council
A drawing of the Grading and Utility Plan, Sheet No C3 0, from Trinity
Design, received May 5, 2006, re constructing an addition to St. Mary Mercy
Hospital, 36475 Five Mile Road, was received and placed on file for the information
of the Council (Petition 2006-03-08-05)
On a motion by Taylor, seconded by Knapp, and unanimously
adopted, it was
CR 223-06 RESOLVED, that having considered a communication
from the City Planning Commission, dated March 24, 2006, which
transmits its resolution 03-32-2006 adopted on March 21, 2006, with
regard to Petition 2006-03-08-05 submitted by Farbman Group, on
behalf of St. Mary Mercy Hospital, requesting site plan approval in
connection with a proposal to construct an addition to the hospital
located at 36475 Five Mile Road, on the southwest corner of Five Mile
and Levan Roads in the Northwest 1/4 of Section 20, pursuant to the
provisions set forth in Section 18 58 of Zoning Ordinance No 543, as
amended, the Council does hereby concur in the recommendation of
the Planning Commission and Petition 2006-03-08-05 is hereby
approved and granted, subject to the following conditions
Regular Meeting of May 10, 2006
35707
1 That the Campus Site Plan marked Sheet SP-2 dated February
24, 2006, prepared by Trinity Design, is hereby approved and
shall be adhered to,
2 That the Paving and Layout Plan marked Sheet C2 0 dated
March 1, 2006, as revised, prepared by Trinity Design, is hereby
approved and shall be adhered to,
3 That the Grading and Utility Plan marked Sheet C3 0 dated May
5, 2006, as revised, prepared by Trinity Design, is hereby
approved and shall be adhered to,
4 That all parking spaces in the new reconfigured emergency lot
shall measure ten (10) feet in width by twenty (20)feet in length,
5 That with the exception of the abovementioned emergency lot,
all newly constructed parking spaces for the hospital shall not
be less than nine (9) feet in width and twenty (20) feet in length,
and all pre-existing spaces shall be nine (9) feet in width and
twenty (20) feet in depth, except that where owing to special
circumstances this requirement would result in a loss of parking
spaces, the Petitioner may seek relief from the Zoning Board of
Appeals for deficient parking stall depth, but in no case shall be
less than eighteen (18) feet;
6 That the Landscape Plan marked Sheet L1 0 dated March 1,
2006, as revised, prepared by Trinity Design, is hereby
approved and shall be adhered to,
7 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;
8 That all disturbed lawn areas shall be sodded in lieu of
hydroseeding,
9 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,
10 That the Exterior Building Elevation Plan marked Sheet A3-1
dated February 2, 2006, as revised, prepared by Trinity Design,
is hereby approved and shall be adhered to,
11 That the brick used in the construction shall be full-face 4 inch
brick,
Regular Meeting of May 10, 2006 35708
12 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,
13 That the petitioner shall secure the necessary storm water
management permits from Wayne County, the City of Livonia,
and/or the State of Michigan, and provide all plans deemed
necessary by the City Engineer to install and maintain a storm
water detention facility for the expanded parking lot;
14 That sidewalks shall be installed along Levan Road from the
north drive into the hospital main entrance to the north edge of
the drive to the Marian Professional Center, as described in the
Engineering Division's correspondence dated March 13, 2006,
15 That the petitioner shall correct to the Fire Department's
satisfaction the items outlined in the correspondence dated
March 7, 2006,
16 That this approval is subject to the petitioner being granted a
variance from the Zoning Board of Appeals for deficient number
of parking spaces and parking width (not less than 9 feet) and
any conditions related thereto, and
17 That the specific plans referenced in this approving resolution
shall be submitted to the Inspection Department at the time the
building permits are applied for
On a motion by Knapp, seconded by Meakin, it was
CR 224-06 WHEREAS, the City Clerk has received an Application
for Industrial Facilities Exemption Certificate from Michigan Dairy, LLC,
dated March 6, 2006, covering new industrial facilities to be located
within City of Livonia Industrial Development District No 32, 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 Michigan Dairy, LLC, the
Assessor, and a representative of each of the affected taxing units an
opportunity for a hearing on this Application and said hearing having in
Regular Meeting of May 10, 2006 35686
Michigan of 1975, as amended, the Council does hereby confirm and
approve such reappointment.
CR 204-06 RESOLVED, that having considered a communication
from the Director of Public Safety, dated April 11, 2006, which bears
the signature of the Finance Director and is approved for submission
by the Mayor, the Council does, for and on behalf of the City of Livonia,
accept the 2004 State Homeland Security Grant Program -
Interoperable Communications Equipment Agreement - funds in the
total amount of $22,000 00, to be used by the Police Department to
purchase equipment to enhance the City's communications
interoperability for preventing, deterring, responding and recovering
from threats and incidents of terrorism, with no matching funds
required, to be deposited and maintained in Account No 223-661-971-
000 (Capital Outlay) and appropriated for its intended purpose
CR 205-06 RESOLVED, that having considered the report and
recommendation of the Director of Public Safety, dated April 17, 2006,
which bears the signature of the Director of Finance and is approved
for submission by the Mayor, the Council does hereby accept the
proposal submitted by AT&T/Technology Services, 23500
Northwestern Highway, Southfield, Michigan 48075, for upgrade of the
Emergency Operating Center (EOC) located in the basement of the
Livonia Police Department for a total amount not to exceed
$40,927 20; FURTHER, the Council does hereby authorize an
expenditure in the amount of $28,000 00 from Account No 223-648-
987-000 as part of the 2004 Homeland Security - LE Terrorism
Prevention Program (LETPP), FURTHER, the Council does hereby
authorize an expenditure in the amount of $12,927 20 from funds
already budgeted in Account No 101-319-983-000 (Reserve Police
Capital Outlay - Office Equipment) for this purpose, FURTHER, the
Council does hereby determine to authorize this proposal without
competitive bidding inasmuch as the same is based upon the State of
Michigan MiDeal purchasing program and in accordance with the
provisions set forth in Section 3 04 140D4 of the Livonia Code of
Ordinances, as amended
CR 206-06 RESOLVED, that having considered the report and
recommendation of the Director of Public Works and the
Superintendent of Public Service, dated April 12, 2006, 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 Rayco of
Michigan, Inc , 19322 Gerald Street, Northville, Michigan 48167, for
supplying the Public Service Division (Road Maintenance Section) with
one (1) 12" brush chipper for a net price of $32,900 00, based on a
total price of $37,900 00 less trade-in of $5,000 00, the same having
Regular Meeting of May 10, 2006 35687
been in fact the lowest bid received which meets all specifications,
FURTHER, the Council does hereby authorize an expenditure in the
amount of $32,900 00 from funds already budgeted in Account No
205-527-987-000 (Municipal Refuse Fund) for this purpose
CR 207-06 RESOLVED, that having considered the report and
recommendation of the Director of Public Works and the
Superintendent of Public Service, dated April 12, 2006, which bears
the signature of the Director of Finance and is approved for submission
by the Mayor, with regard to the Alliance of Rouge Communities (ARC)
Annual Assessment for 2006, the Council does hereby approve
payment to Wayne County Department of Environment, (acting as
fiduciary for the ARC), 415 Clifford, Detroit, Michigan 48226, in the
amount of $29,010 00 for the City's annual ARC assessment for 2006,
FURTHER, the Council does hereby authorize an expenditure in the
amount of $29,010 00 from funds already budgeted in Account No
592-559-840-030 (Professional and Contractual Services, Rouge/Illicit
Disconnection Issues) for this purpose
CR 208-06 RESOLVED, that having considered the report and
recommendation of the Director of Public Works and the City Engineer,
dated April 6, 2006, which bears the signature of the Director of
Finance and is approved for submission by the Mayor, with regard to
the proposed modernization of traffic signals at the intersections of
Seven Mile Road and Purlingbrook Road, the Council does hereby
refer this item to the Traffic Commission for its report and
recommendation
CR 209-06 WHEREAS, the City of Livonia believes quality roads are
a vital part of any community, and
WHEREAS, certain improvements are necessary to Haggerty Road
between Seven Mile Road and the Livonia City Limit, and on Seven
Mile Road, east and west of Haggerty Road, to increase traffic safety
and to encourage economic development, and
WHEREAS, the County of Wayne has committed to resurfacing the
Roads in an area generally described as Haggerty Road (Seven Mile
Road to Livonia City Limit) and Seven Mile Road (East and West of
Haggerty Road) and the City of Livonia will assist financially in the
resurfacing of the roads, and
WHEREAS, the City of Livonia will provide payment to the County of
Wayne in the amount of $33,741 00 (as found in Exhibit A to this
Agreement), 3 59% of the total cost of the project; and
Regular Meeting of May 10, 2006 35688
NOW, THEREFORE BE IT RESOLVED, that the Livonia City Council
does hereby approve the proposed Agreement between the City of
Livonia and County of Wayne for the resurfacing of Haggerty Road
(Seven Mile Road to Livonia City Limit) and Seven Mile Road (East
and West of Haggerty Road) and does hereby authorize an
appropriation and expenditure in the estimated amount of $33,741 00
(for the City's estimated share of this project) from the General
Obligation Road Bond Issue, with expenditures being made upon
receipt of invoices from Wayne County; and
BE IT FURTHER RESOLVED, that the Mayor and City Clerk are
hereby authorized to execute the Agreement for and on behalf of the
City of Livonia, and the City Clerk is hereby requested to forward a
certified copy of this resolution, together with the signed Agreement, to
the Wayne County Department of Public Services
CR 210-06 RESOLVED, that having considered a communication
from the City Planning Commission, dated April 7, 2006, which
transmits its resolution 04-42-2006, adopted on April 4, 2006, with
regard to Petition 2006-02-02-04, submitted by Urban Interiors, LLC,
requesting waiver use approval to operate a secondhand store
(consignment shop) in the Merri-Five Shopping Center, located on the
north side of Five Mile Road between Merriman Road and Bainbridge
Avenue in the Southwest 1/4 of Section 14, which property is zoned C-
2, the Council does hereby concur in the recommendation of the
Planning Commission and Petition 2006-02-02-04 is hereby approved
and granted, subject to the following conditions
1 That the area utilized for the sales and display of merchandise
shall be in accordance with the floor plan submitted with this
request;
2 That there shall be no outdoor sales, storage or display of
merchandise, and no storage of merchandise in any type of
temporary or portable unit, structure or trailer;
3 That the following items listed in the correspondence dated
March 17, 2006, from the Inspection Department shall be
resolved to that department's satisfaction
• That the rear drive at the west end shall be replaced,
• That the concrete light pole bases in the south parking lot
and at the west property line shall undergo a structural
evaluation and shall be repaired or replaced as needed,
*kw
Regular Meeting of May 10, 2006 35689
4 That the owner of the shopping center shall submit a plan to the
City Council addressing the concern of the excessive number of
dumpsters at the rear of the center;
5 That used clothing and appliance sales are restricted and are
not a part of this approval,
6 That only conforming signage is approved with this petition,
7 That no LED lightband or exposed neon shall be permitted on
this site including, but not limited to, the building or around the
windows,
8 That the petitioner shall submit a Letter of Understanding,
approved as to form by the Department of Law, signed by the
property owner and petitioner indicating that this waiver use will
be voluntarily abandoned if the petitioner moves from the
premises or eliminates the resale portion of its business, or if
the owners sell, assign or transfer more than 50% of their
interest in the company;
9 That the plan referenced in this approving resolution shall be
submitted to the Inspection Department at the time the
occupancy and zoning compliance permits are applied for; and
10 That the petitioner shall apply for a secondhand merchandise
dealers' license from the City Clerk and, in the event the
applicant is unable to obtain such license based upon the
background investigation, the waiver use approval granted herein
shall be considered null and void
CR 211-06 RESOLVED, that having considered a communication
from the City Planning Commission, dated April 7, 2006, which
transmits its resolution 04-43-2006, adopted on April 4, 2006, with
regard to Petition 2006-02-02-05, submitted by Bean There LLC,
requesting waiver use approval to operate a limited service restaurant
(Beaner's Gourmet Coffee) in the Fountain Park Development, located
on the north side of Plymouth Road between Farmington Road and
Mayfield Avenue in the Southwest 1/4 of Section 27, which property is
zoned C-2, the Council does hereby concur in the recommendation of
the Planning Commission and Petition 2006-02-02-05 is hereby
approved and granted, subject to the following conditions
1 That the Floor Plan marked Sheet Al prepared by Wolgast
Professional Services, dated February 13, 2006, is hereby
approved and shall be adhered to, except that a maximum of six
Regular Meeting of May 10, 2006 35690
outdoor seats shall be permitted on the west side of the
building, subject to approval by the Inspection Department;
2 That the maximum number of customer seats shall not exceed
30, including 24 interior seats and 6 exterior seats,
3 That the petitioner shall comply with the stipulations listed in the
correspondence dated March 7, 2006, from the Livonia Fire and
Rescue Division,
4 That only conforming signage is approved with this petition, and
any additional signage shall be submitted for review and
approval by the Planning Commission and City Council,
5 That wall signage shall not be illuminated beyond one (1) hour
after this business closes,
6 That no LED lightband or exposed neon shall be permitted on
the site including, but not limited to, the building or around the
windows,
7 That there shall be no more than two tables located outside the
building at any time, and
8 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
CR 212-06 RESOLVED, that having considered a communication
from the City Planning Commission, dated April 7, 2006, which
transmits its resolution 04-44-2006, adopted on April 4, 2006, with
regard to Petition 2006-03-02-06, submitted by Community Alliance
Credit Union, requesting waiver use approval to construct a one-story
financial institution with a drive-up canopy for banking services on
property located at 37401 Plymouth Road, on the south side of
Plymouth Road, between Newburgh Road and Jughandle Road in the
Southeast 1/4 of Section 30, which property is zoned C-2, the Council
does hereby concur in the recommendation of the Planning
Commission and Petition 2006-03-02-06 is hereby approved and
granted, subject to the following conditions
1 That the Site Plan marked Sheet 1 of Job #06005 prepared by
Arpee/Donnan, Inc., dated March 29, 2006, as revised, is
hereby approved and shall be adhered to,
Regular Meeting of May 10, 2006 35691
2 That the Landscape Plan marked Sheet LP-1 submitted by
Arpee/Donnan, Inc., dated March 30, 2006, as revised, is
hereby approved and shall be adhered to,
3 That an automatic, underground irrigation system shall be
provided for all landscaped areas and all planted materials shall
be installed to the satisfaction of the Inspection Department and
thereafter permanently maintained in a healthy condition,
4 That the Building Elevations Plan marked Sheet A-2 prepared
by Thomas D Auer, Architect, dated March 29, 2006, as
revised, is hereby approved and shall be adhered to,
5 That brick used in the construction of the building shall be full
face 4-inch brick, and precast masonry unit systems shall meet
ASTM 216 standards,
6 That all light fixtures shall not exceed 20 feet in height and shall
be shielded to minimize glare trespassing on adjacent
properties and roadway;
7 That all parking spaces shall be double striped,
8 That signage for this use shall be limited to two ground signs,
each not to exceed a maximum sign area of 30 square feet or to
exceed 6 feet in height and 10 feet in length, as portrayed on
the Monument Sign Plan prepared by Huron Sign Company,
subject to the granting of a variance for excessive number of
ground signs by the Zoning Board of Appeals and any
conditions pertaining thereto,
9 That the petitioner shall seek any needed variances from the
Zoning Board of Appeals for deficient building setbacks,
10 That the existing 4 foot high "page wire" fence that extends
along a portion of the southerly property line shall be removed,
11 That the petitioner shall comply with the stipulations listed in the
correspondence dated March 13, 2006, from the Fire Marshal,
and
12 That the specific plans referenced in this approving resolution
shall be submitted to the Inspection Department at the time of
application for the building permits
Regular Meeting of May 10, 2006 35692
A roll call vote was taken on the foregoing resolutions with the following result:
AYES Laura, Robinson, Taylor, Knapp, Meakin, Godfroid-Mareckiand McCann
NAYS None
Councilmember Meakin took from the table, for second
reading and adoption, the following Ordinance
AN ORDINANCE AMENDING SECTION 9 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 2005-07-01-06)
A roll call vote was taken on the foregoing Ordinance with the following result:
AYES Laura, Taylor, Meakin, Godfroid-Marecki and McCann
NAYS Robinson and Knapp
The President declared the foregoing Ordinance Amendment failed for the lack of six
votes as required under the State Statute Protest provisions
On a motion by Knapp, seconded by Robinson, it was
CR 213-06 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 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 concur in the recommendation of the
Planning Commission and Petition 2005-07-01-06 is hereby denied for
the following reasons
I That this general area in the vicinity of the Farmington Road and
Seven Mile Road intersection contains sufficient C-2 zoned
lands to serve the needs of the area,
Regular Meeting of May 10, 2006 35693
2 That the petitioner has failed to adequately demonstrate a need
in this area for additional commercial uses such as are
permitted by the C-2 district;
3 That the proposed change of zoning will extend non-residential
zoning too far into a residential area,
4 That the proposed change of zoning is incompatible to the
residential uses in the area to the south and west;
5 That the development of the subject property for commercial
use in conjunction with adjacent properties will result in an
increase in traffic and the location of the properties relative to
access from public streets, particularly with respect to vehicular
turning movements in relation to routes of traffic flow and
access to off-street parking, will be hazardous and inconvenient
and will be detrimental to the surrounding area,
6 That the proposed change of zoning is inconsistent with the
Future Land Use Plan designation of Low Density Residential
land use for the subject area, and
7 That the site plan does not meet the waiver use standards and
requirements as set forth in Section 19 06 of the Zoning
Ordinance No 543
A roll call vote was taken on the foregoing resolution with the following result.
AYES Robinson, Knapp, Meakin and McCann
NAYS Laura, Taylor and Godfroid-Marecki
The President declared the resolution duly adopted
On a motion by Laura, seconded by Taylor, it was
RESOLVED, that having considered a communication
from the City Planning Commission, dated March 10, 2006, which
transmits its resolution 03-27-2006, adopted on March 7, 2006, with
regard to Petition 2006-02-02-03, submitted by Sundance, Inc ,
requesting waiver use approval to construct a full service restaurant
Regular Meeting of May 10, 2006 35694
(Taco Bell) with drive-up window facilities located at 19055 Farmington
Road, on the west side of Farmington Road between Seven Mile Road
and Clarita Avenue in the Northeast 1/4 of Section 9, which property is
zoned C-2, the Council does hereby reject the recommendation of the
Planning Commission and Petition 2006-02-02-03 is hereby approved
and granted, subject to the following conditions
1 That the Site Plan marked Sheet SP prepared by Desine Inc ,
dated March 2, 2006, as revised, is hereby approved and shall
be adhered to,
2 That the Landscape Plan marked Sheet LA prepared by Desine
Inc , dated March 2, 2006, as revised, is hereby approved and
shall be adhered to, except that additional medium-full size
trees shall be planted in the front yard and along the south side
of the proposed screening wall at the direction of the Planning
and Inspection Departments,
3 That there shall be no deliveries between the hours of 11 00
p m and 700 a m ,
4 That the property shall be continually maintained to the
satisfaction of the Inspection Department,
5 That underground sprinklers shall be provided for all landscaped
and sodded areas, and all planted materials shall be installed to
the satisfaction of the Inspection Department and thereafter
permanently maintained in a healthy condition,
6 That the maximum number of customer seats shall not exceed
38 seats,
7 That the Exterior Elevations Plans marked Sheets A4 and A4 1
prepared by Anthony Pucci Architect, both dated February 27,
2006, as revised, are hereby approved and shall be adhered to,
8 That manufactured cultured stone unit systems used in the
construction of the building shall meet ASTM 216 standards,
9 That all regular parking spaces shall be 10' x 20' in size and the
required handicapped space shall be properly located, sized
and signed,
10 That all parking spaces shall be double striped,
Regular Meeting of May 10, 2006 35695
11 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,
12 That all light fixtures shall not exceed a height of 20 feet above
grade and shall be shielded to minimize glare trespassing on
adjacent properties and roadway;
13 That the petitioner shall seek any needed variance from the
Zoning Board of Appeals for deficient front yard setback,
14 That only conforming signage is approved with this petition, and
any additional signage shall be separately submitted for review
and approval by the Planning Commission and City Council,
except that the freestanding business sign shall be permitted on
the decorative knee wall as shown on Sheet DT2, dated March
2, 2006, subject to the approval of the Zoning Board of Appeals
for a sign that exceeds ten (10) feet in length,
15 That no LED lightband or exposed neon shall be permitted on
this site, including but not limited to, the building or around the
windows,
16 That this approval shall incorporate the recommendations of the
Traffic Bureau stated in the correspondence dated February 17,
2006,
17 That the petitioner shall comply with the stipulations listed in the
correspondence dated February 8, 2006 from the Fire Marshal,
and
18 That the specific plans referenced in this approving resolution
shall be submitted to the Inspection Department at the time of
application for building permits
On a motion by Robinson, seconded by Taylor, 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 March 10, 2006,
which transmits its resolution 03-27-2006, adopted on March 7,
2006, with regard to Petition 2006-02-02-03, submitted by
Sundance, Inc , requesting waiver use approval to construct a
Regular Meeting of May 10, 2006 35696
full service restaurant (Taco Bell) with drive-up window facilities
located at 19055 Farmington Road, on the west side of
Farmington Road between Seven Mile Road and Clarita Avenue
in the Northeast 1/4 of Section 9, which property is zoned C-2,
the Council does hereby determine to take no further action
A roll call vote was taken on the motion to substitute as follows
AYES Laura, Robinson, Taylor, Knapp, Meakin, Godfroid-
Marecki and McCann
NAYS None
The President declared the motion to substitute adopted
On a motion by Robinson, seconded by Taylor, and unanimously
adopted, it was
CR 214-06 RESOLVED, that having considered a
communication from the City Planning Commission, dated
March 10, 2006, which transmits its resolution 03-27-2006,
adopted on March 7, 2006, with regard to Petition 2006-02-02-
03, submitted by Sundance, Inc., requesting waiver use
approval to construct a full service restaurant (Taco Bell) with
drive-up window facilities located at 19055 Farmington Road, on
the west side of Farmington Road between Seven Mile Road
and Clarita Avenue in the Northeast 1/4 of Section 9, which
property is zoned C-2, the Council does hereby determine to
take no further action with respect to Petition 2006 02-02-03
On a motion by Robinson, seconded by Godfroid-Marecki, it
was.
CR 215-06 RESOLVED, that having considered a
communication from the City Assessor, dated April 10, 2006,
approved for submission by the Mayor, with regard to a request
from Sonja Styles, 20224 Purlingbrook, Livonia, Michigan
48152, 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 approve of the proposed
division and combination of Tax Item Nos 46-005-99-0061-000
and 46-005-99-0063-000 into two parcels, the legal descriptions
of which shall read as follows
Regular Meeting of May 10, 2006 35697
PARCEL A
Being part of NE 1/4 of Section 2, TIS, R9E, City of Livonia,
Wayne Co , Michigan Beginning due South 1074 12 feet along
centerline of Purlingbrook Road from North 1/4 corner of Section
2, thence due South 82 98 feet; thence North 89°56'00" East
368 60 feet; thence due North 82 58 feet; thence South
89°57'00" West 28 58 feet; thence due South 7 50 feet; thence
North 88°45'00" West 340 08 feet to the point of beginning (A),
exc West 30 feet, more or less 0 61 Acres
PARCEL B
Being part of NE 1/4 of Section 2, TIS, R9E, City of Livonia,
Wayne Co , Michigan Beginning at a point distance due South
along North and South 1/4 Section line 1157 10 feet along
centerline of Purlingbrook Road and North 89°56'00" East
368 60 feet from the North 1/4 corner of Section 2 and
proceeding thence North 89°56'00" East 285 00 feet; thence
due North 82 50 feet, thence South 89°57'00" West 285 00 feet;
thence due South 82 58 feet to the point of beginning (B), exc.
East 20 00 feet for easement or R 0 W , more or less 0 50
Acres
as shown on the map attached to the aforesaid communication
which is made a part hereof by reference, FURTHER, in
accordance with Section 16 32 030 of the Livonia Code of
Ordinances, as amended, and Section 18 46 of Zoning
Ordinance No 543, as amended, the Council does hereby
waive the minimum lot width requirement set forth in Zoning
Ordinance No 543, as amended, with respect to this property
division and combination, FURTHER, the Council does hereby
find that a) the proposed lots substantially comply with the
otherwise applicable lot width requirements, and b) the
proposed lots would be consistent with the size, shape and
width of lots existing in the vicinity of the proposed split, and the
City Clerk is hereby requested to cause a certified copy of this
resolution to be recorded in the Office of the Wayne County
Register of Deeds
A roll call vote was taken on the foregoing resolution with the following result:
AYES Laura, Robinson, Taylor, Knapp, Meakin, Godfroid-Marecki
and McCann
NAYS None
The President declared the resolution duly adopted
Regular Meeting of May 10, 2006 35698
The petitioner was present at the meeting to answer questions of the Council
On a motion by Taylor, seconded by Meakin, and unanimously
adopted, it was
CR 216-06 RESOLVED, that having considered a communication
from the City Assessor, dated April 20, 2006, approved for submission
by the Mayor, with regard to a request from William Roskelly, on behalf
of Patricia Vier, 9552 Wayne Road, 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 approve of the proposed division and combination of Tax Item
Nos 46-130-01-0042-002 and 46-130-01-0043-002 into two parcels,
the legal descriptions of which shall read as follows
PARCEL A
Lot 42 and the North 7 5 feet of Lot 43, except the East 330 feet,
thereof both lots, and except the West 27 feet, thereof both lots
Supervisor's Livonia Plat #1, of the East 1/2 of the N W % Sec 33, (T 1
S , R 9 E ), Livonia Twp (now City of Livonia), Wayne Co , Mich , as
recorded in Liber 65, Page 52, Wayne County Records Subject to
easements of record
PARCEL B
Lot 43, except the North 7 5 feet, thereof, and except the East 330
feet, thereof, and except the West 27 feet, thereof; Supervisor's
Livonia Plat #1, of the East 1/2 of the NW % Sec. 33, (T 1 S . R.9 E ),
Livonia Twp (now City of Livonia), Wayne Co , Mich , as recorded in
Liber 65, Page 52, Wayne County Records Subject to easements of
record
as shown on the map attached to the aforesaid communication which
is made a part hereof by reference, FURTHER, in accordance with
Section 16 32 030 of the Livonia Code of Ordinances, as amended,
and Section 18 46 of Zoning Ordinance No 543, as amended, the
Council does hereby waive the minimum lot width and area
requirements set forth in Zoning Ordinance No 543, as amended, with
respect to this property division and combination, and the City Clerk is
hereby requested to cause a certified copy of this resolution to be
recorded in the Office of the Wayne County Register of Deeds
A roll call vote was taken on the foregoing resolution with the following result:
Regular Meeting of May 10, 2006 35699
AYES Laura, Robinson, Taylor, Knapp, Meakin, Godfroid-Marecki
and McCann
NAYS None
The President declared the resolution duly adopted
A communication from the Law Department, dated May 4, 2006, re
waiver of fence requirement set forth in Section 16 11(b)(1) of the Zoning Ordinance
as it relates to a waiver petition submitted by Michigan Reconditioning and Fleet
Services, re operating a truck and automobile repair facility at 34550 Glendale, was
received and placed on file for the information of the Council (Petition 2006-02-02-
02)
On a motion by Meakin, seconded by Taylor, and unanimously
adopted, it was
CR 217-06 RESOLVED, that having considered a communication
from the City Planning Commission, dated March 9, 2006, which
transmits its resolution 03-26-2006, adopted on March 7, 2006, with
regard to Petition 2006-02-02-02, submitted by Michigan
Reconditioning and Fleet Services requesting waiver use approval to
operate an automobile and truck repair facility on property located at
34550 Glendale Avenue, on the north side of Glendale Avenue,
between Stark Road and Fairlane Avenue in the Northwest 1/4 of
Section 28, which property is zoned M-1, the Council does hereby
concur in the recommendation of the Planning Commission and
Petition 2006-02-02-02 is hereby approved and granted, subject to the
following conditions
1 That parking areas shall be provided which shall be sufficient in
size for the parking of automobiles and other motor vehicles
used by patrons and employees in accordance with the parking
requirement for this use as set forth in Section 18 38 (29) of the
Zoning Ordinance,
2 That an improved parking area in the rear yard, required to the
extent necessary to fully comply with the parking requirement
for this use, shall be surfaced with concrete or plant-mixed
Regular Meeting of May 10, 2006 35700
asphalt or a paving improvement of equivalent design as
approved by the Engineering Division,
3 That all required parking spaces shall be sized properly and
double striped,
4 That the existing landscaped areas shall receive needed
maintenance and any portions of the rear yard not used for
driveways or parking areas shall be established as landscaped
areas, with proper irrigation, and all landscaping work shall be
accomplished to the satisfaction of the Inspection Department
and all planted materials shall thereafter be permanently
maintained in a healthy condition,
5 That there shall be no outdoor storage of dismantled, damaged,
inoperable or unlicensed vehicles,
6 That all auto parts, equipment, scrap material, debris or similar
items generated by the subject use shall be stored inside the
building or inside a dumpster or other type of trash container;
and
7 That this building shall be required to undergo a full inspection
from Plumbing, HVAC, Electrical and Building Inspectors of the
Inspection Department to make an evaluation of current
conditions and alterations or changes since built, for which the
petitioner shall apply for any and all permits that may need to be
obtained
On a motion by Godfroid-Marecki, seconded by Meakin, it was
CR 218-06 RESOLVED, that in connection with Petition 2006-02-02-
02, submitted by Michigan Reconditioning and Fleet Services
requesting waiver use approval to operate an automobile and truck
repair facility on property located at 34550 Glendale Avenue, the
Council does hereby waive the requirement that the lot area be
enclosed by a fence, as set forth in Section 16 11(b)(1) of Zoning
Ordinance No 543, as amended, PROVIDED, FURTHER, that the
petitioner shall submit a signed Letter of Understanding, approved as
to form by the Department of Law, acknowledging and agreeing that
this waiver of the fence requirement shall be limited to this petitioner
only and shall not run with the land
A roll call vote was taken on the foregoing resolution with the following result.
Regular Meeting of May 10, 2006 35701
AYES Laura, Robinson, Taylor, Knapp, Meakin, Godfroid-Marecki
and McCann
NAYS None
The President declared the resolution duly adopted
A communication from Kathy McKim, Acting Property Manager, dated
May 9, 2006, re forwarding color renderings for Harrison Square Plaza,
submitted by Spectrum Builders, was received and placed on file for the
information of the Council (Petition 2005-10-08-21)
On a motion by Taylor, seconded by Knapp, it was
CR 219-06 RESOLVED, that having considered a communication
from the City Planning Commission, dated March 27, 2006, which
transmits its resolution 03-36-2006 adopted on March 21, 2006, with
regard to Petition 2005-10-08-21 submitted by Spectrum Builders, on
behalf of Harrison Square Plaza, requesting site plan approval in
connection with a proposal to renovate the exterior of the commercial
strip center located at 28400 Five Mile Road, on the northwest corner
of Five Mile Road and Harrison Avenue in the Southwest 1/4 of
Section 13, pursuant to the provisions set forth in Section 18 58 of
Zoning Ordinance No 543, as amended, 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 foregoing resolution with the following result.
AYES Laura, Taylor, Knapp, Meakin, Godfroid-Marecki and McCann
NAYS Robinson
The President declared the resolution duly adopted
Chris Wolf, Spectrum Builders, was present at the meeting to answer questions of
the Council
A petition from residents of Bethany and Northland Drives, received
May 10, 2006, re protesting a proposed driveway on Bethany Drive as it relates to
Regular Meeting of May 10, 2006 35702
the construction of a dental office at 37500 Seven Mile Road, was received and
placed on file for the information of the Council (Petition 2004-10-08-19)
On a motion by Godfroid-Marecki, seconded by Meakin, it was
CR 220-06 RESOLVED, that having considered the report and
recommendation of the Planning Commission, dated March 24, 2006,
which transmits its resolution 03-34-2006, adopted on March 21, 2006,
with regard to a request from Apple Crest Dental for approval of a
revised site plan in connection with Petition 2004-10-08-19, previously
approved in Council Resolution 299-05, adopted on June 8, 2005,
involving a proposal to construct a dental office on property located at
37500 Seven Mile Road, on the north side of Seven Mile Road,
between Newburgh Road and the 1-275/96 Expressway in the
Southeast 1/4 of Section 6, pursuant to the provisions set forth in
Section 18 47 of Ordinance No 543, as amended, the Council does
hereby concur in the recommendation of the Planning Commission and
the revised site plan in connection with Petition 2004-10-08-19 is
hereby approved, subject to the following conditions
1 That the Site Plan marked Sheet 2 dated August 17, 2005, as
revised, prepared by Mickalich and Associates, is hereby
approved and shall be adhered to,
2 That the Landscape Plan marked Sheet L-1 1 dated October 5,
2005, as revised, prepared by AZD Associates, is hereby
approved and shall be adhered to, and
3 That all other conditions imposed by Council Resolution 299-05,
which granted approval to construct a dental office, shall remain
in effect to the extent that they are not in conflict with the
foregoing conditions
A roll call vote was taken on the foregoing resolution with the following result:
AYES Robinson, Taylor, Meakin, Godfroid-Marecki and McCann
NAYS Laura and Knapp
The President declared the resolution duly adopted
Regular Meeting of May 10, 2006 35703
On a motion by Taylor, seconded by Godfroid-Marecki, it was
CR 221-06 RESOLVED, that having considered the report and
recommendation of the Planning Commission, dated March 24, 2006,
which transmits its resolution 03-34-2006, adopted on March 21, 2006,
with regard to a request from Apple Crest Dental for approval of a
revised site plan in connection with Petition 2004-10-08-19, previously
approved in Council Resolution 299-05, adopted on June 8, 2005, the
Council does hereby amend and revise Council Resolution 299-05 so
as to read as follows
RESOLVED, that having considered the report and
recommendation of the Committee of the Whole, dated May
24, 2005, submitted pursuant to Council Resolution 586-04,
with regard to a communication from the City Planning
Commission, dated December 1, 2004, which transmits its
resolution 11-153-2004, adopted on November 30, 2004, with
regard to Petition 2004-10-08-19 submitted by Apple Crest
Dental, requesting site plan approval in connection with a
proposal to construct a dental office on property located at
37500 Seven Mile Road, on the north side of Seven Mile Road
between Newburgh Road and the 1-275/96 Expressway in the
Southeast 1/4 of Section 6, pursuant to the provisions set forth
in Section 18 47 of Ordinance No 543, as amended, the
Council does hereby concur in the recommendation of the
Planning Commission and Petition 2004-10-08-19 is hereby
approved and granted, subject to the property being rezoned to
OS, and to the following additional conditions
1 That the Site Plan marked Sheet 2, dated March 24, 2004,
received by the City Council on May 27, 2005, as revised,
prepared by Mickalich and Associates, is hereby approved
and shall be adhered to, except for the following
• That the existing garage shall be removed, including the
drive approach onto Bethany;
• That the outside dumpster and enclosure shall be
eliminated and all trash shall be handled internally;
2 That the Landscape Plan marked Sheet L-1 dated 5-25-05,
as revised, prepared by AZD Associates, is hereby approved
and shall be adhered to,
Regular Meeting of May 10, 2006 35704
3 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;
4 That all disturbed lawn areas shall be sodded in lieu of
hydroseeding,
5 That underground sprinklers are to be provided for all
landscaped and sodded areas, and all planted materials
shall be installed to the satisfaction of the Inspection
Department and thereafter permanently maintained in a
healthy condition,
6 That the Exterior Building Elevation Plans marked Sheets A-
2 1 and A-2 2 both dated 5-25-05, as revised, prepared by
AZD Associates, are hereby approved and shall be adhered
to,
7 That the lower level useable floor area shall be limited to a
maximum of 4,250 square feet as per the submitted Lower
Level Floor Plan, Sheet A-1 0 dated 5-25-05, as revised,
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
from public view on all sides by screening that shall be of a
compatible character, material and color to other exterior
materials on the building,
10 That the petitioner shall secure the necessary storm water
management permits from Wayne County, the City of
Livonia, and/or the State of Michigan,
Lii That all light fixtures shall not exceed twenty (20) feet in
height and shall be aimed and shielded so as to minimize
stray light trespassing across property lines and glaring into
adjacent roadway,
Regular Meeting of May 10, 2006 35705
12 That the petitioner shall correct to the Police Department's
satisfaction the following as outlined in the correspondence
dated October 15, 2004
• That STOP signs shall be installed for vehicles exiting the
site,
13 That the petitioner shall correct to the Inspection
Department's satisfaction the items outlined in the
correspondence dated May 26, 2005,
14 That only conforming signage is approved with this petition,
and any additional signage shall be separately submitted for
review and approval by the Planning Commission and City
Council,
15 That no LED lightband or exposed neon shall be permitted
on this site, including but not limited to, the building or
around the windows,
16 That the greenbelts along the north and west property lines,
as shown on the approved site and landscape plans, are
hereby accepted and shall be substituted for the protective
wall required by Section 18 45 of the Zoning Ordinance,
17 That any change of circumstances in these areas containing
the greenbelts resulting in a diminution of the greenbelt's
effectiveness as a protective barrier, the owner of the
property shall be required to submit such changes to the
Planning Commission and City Council for their review and
approval or immediately construct the protective wall
pursuant to Section 18 45, and
18 That the specific plans referenced in this approving
resolution shall be submitted to the Inspection Department at
the time the building permits are applied for; and
19 That a "No Left Turn" sign shall be placed at the drive onto
Bethany Drive
Regular Meeting of May 10, 2006 35706
A roll call vote was taken on the foregoing resolution with the following result.
AYES Robinson, Taylor, Meakin, Godfroid-Marecki and McCann
NAYS Laura and Knapp
The President declared the resolution duly adopted
On a motion by Meakin, seconded by Laura, and unanimously
adopted, it was
CR 222-06 RESOLVED, that in connection with the request
from Apple Crest Dental for approval of a revised site plan in
connection with Petition 2004-10-08-19, the Council does
hereby refer the subject of limiting traffic on Bethany to the
Traffic Commission for its report and recommendation
Cathy Klochner, 37860 Northland, Livonia and Dan McCloud, 19343
Bethany, Livonia, both spoke to the Council opposing the proposed curb cut on
Bethany Drive relative to Petition 2004-10-08-19 submitted by Apple Crest Dental
Eric Zylinski, petitioner, was present at the meeting to answer
questions of the Council
A drawing of the Grading and Utility Plan, Sheet No C3 0, from Trinity
Design, received May 5, 2006, re constructing an addition to St. Mary Mercy
Hospital, 36475 Five Mile Road, was received and placed on file for the information
of the Council (Petition 2006-03-08-05)
On a motion by Taylor, seconded by Knapp, and unanimously
adopted, it was
CR 223-06 RESOLVED, that having considered a communication
from the City Planning Commission, dated March 24, 2006, which
transmits its resolution 03-32-2006 adopted on March 21, 2006, with
regard to Petition 2006-03-08-05 submitted by Farbman Group, on
behalf of St. Mary Mercy Hospital, requesting site plan approval in
Regular Meeting of May 10, 2006 35709
fact been conducted at 7 00 p m., Monday, April 17, 2006, at the
Livonia City Hall, 33000 Civic Center Drive, Livonia, Michigan
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
LIVONIA AS FOLLOWS
1 That the City Council, on the basis of the information received
from the applicant, Michigan Dairy, LLC, finds and determines.
(a) that the granting 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 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, P.A. 1974, as
amended
2 That the City Council hereby approves the Application for
Industrial Facilities Exemption Certificate from Michigan Dairy,
LLC, covering new industrial facilities to be located within the
City of Livonia Industrial Development District No 32 for 12
years
3 That in accordance with the requirements of Section 22, Act
198, P.A. 1974, as amended, wherein a Letter of Agreement
between the applicant and the City is required in order to clarify
the understanding and the commitment between the applicant
and the City upon approval of an Industrial Facilities Exemption
Certificate, the Council hereby authorizes the Mayor and City
Clerk to sign such Letter of Agreement as duly executed by the
applicant and incorporate such Letter of Agreement as part of
the documentation required to process applications for Industrial
Facilities Exemption Certificates
A roll call vote was taken on the foregoing resolution with the following result:
AYES Laura, Robinson, Knapp, Meakin and Godfroid-Marecki
NAYS Taylor and McCann
The President declared the resolution duly adopted
On a motion by Taylor, seconded by Mea kin, and unanimously
Regular Meeting of May 10, 2006 35710
adopted, it was
1 CR 225-06 RESOLVED, that having considered a communication
Ear from the City Attorney, dated May 1, 2006, approved for submission by
the Mayor, transmitting an Addendum to the Sublease Agreement for
the Fox Creek Clubhouse Restaurant between the City of Livonia and
George & Murph's, LLC, to amend paragraph 2.8 of the Sublease
Agreement previously approved in Council Resolution 68-06, adopted
on February 8, 2006, to specify that George & Murph's LLC shall have
the exclusive authority, responsibility and liability for sale and
consumption of alcoholic beverages on the City of Livonia owned and
operated golf course known as Fox Creek Golf Course, the Council
does hereby approve the Addendum to the aforementioned Sublease
Agreement and does hereby authorize the Mayor and City Clerk, for
and on behalf of the City of Livonia, to execute this Addendum, subject
to the approval as to form by the Department of Law, as well as to do
all other things necessary or incidental to the full performance of this
resolution
A Letter of Understanding by and between the City of Livonia and
George & Murph's, LLC, the owner and licensee at the restaurant located at 36000
Seven Mile Road, was received and placed on file for the information of the Council
On a motion by Knapp, seconded by Meakin, and unanimously
adopted, it was
CR 226-06 RESOLVED, that having considered a letter from the
Michigan Liquor Control Commission, dated March 31, 2006, and the
report and recommendation of the Chief of Police, dated April 27,
2006, approved for submission by the Director of Public Safety and the
Mayor, with regard to a request from George & Murph's, LLC,
requesting approval of an application for a new Michigan Liquor
Control Commission Class C License with Sunday Sales Permit,
Entertainment Permit, Official Permits (food and golf), Outdoor Service
Area and two bars (issued under MCL 436 1515-1), for a business
located at 36000 Seven Mile Road, Livonia, Michigan, 48152, Wayne
County, the Council does hereby take this means to advise the
Michigan Liquor Control Commission that the City approves the said
request "Above All Others", and the City Clerk is hereby requested to
forward a certified copy of this resolution to the Michigan Liquor
Control Commission
Regular Meeting of May 10, 2006 35711
Council Vice-President Knapp wished a "Happy Mother's Day" to his
mother and a "Happy Birthday" to his brother-in-law, Tony Hall
a110 Councilmember Godfroid-Marecki wished Council President Jim
McCann a "Belated Happy Birthday" since he celebrated his birthday on May 9,
2006
On a motion by Meakin, seconded by Godfroid-Marecki, and
unanimously adopted, this 1,560th Regular Meeting of the Council of the City of
Livonia was adjourned at 9 00 p m , May 10, 2006
Val Vandersloot, City Clerk