HomeMy WebLinkAboutCOUNCIL MINUTES 2005-04-13 39065
MINUTES OF THE ONE THOUSAND FIVE HUNDRED THIRTY-FOURTH
REGULAR MEETING OF APRIL 13, 2005
On April 13, 2005, 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 Kokenakes delivered the invocation
Roll was called with the following result: Frank J Kokenakes, Terry
Godfroid-Marecki, James McCann, Thomas Robinson, Donald Knapp, Brian Meakin,
and Gerald Taylor
Absent: None
Elected and appointed officials present: Robert Schron, City Engineer;
Mark Taormina, City Planner; Sean Kavanagh, City Attorney; Val Vandersloot, City
Clerk, Karen Szymula, Director of Legislative Affairs and Michael Slater, Director of
Finance
On a motion by Knapp, seconded by Meakin, it was
CR 151-05 RESOLVED, that the minutes of the 1,533rd Regular Meeting
of the Council held March 30, 2005 are hereby approved as submitted
A roll call vote was taken on the foregoing resolution with the following result:
AYES Kokenakes, Godfroid-Marecki, Robinson, Knapp, Meakin,
and Taylor
NAYS None
PRESENT McCann
During the audience communication portion of the agenda, Council Vice-
President Meakin presented a commendation to Eric Stempien in honor of his four
years of service on the City of Livonia Zoning Board of Appeals
Councilmember McCann offered a proclamation on behalf of Mayor
Engebretson and the City Council to support the Wounded Warrior Project and
Veteran's Haven, national organizations assisting members of the armed forces that
Regular Meeting of April 13, 2005 39066
have sustained serious injuries during the war on terrorism Donna Stottlemyer,
daughter of Councilmember Bob Stottlemyer of Westland, spoke on his behalf about a
fundraising "Back to the 40's" Dance to be held on June 5, 2005 from 4 00 p m to 11 00
p m at Burton Manor, that will raise funds for this worthy cause
A communication from the Department of Finance, dated March 17, 2005,
re forwarding various financial statements of the City of Livonia for the month ending
January 31, 2005, was received and placed on file for the information of the Council
A communication from the Department of Finance, dated March 24, 2005,
re forwarding various financial statements of the City of Livonia for the month ending
February 28, 2005, was received and placed on file for the information of the Council
On a motion by Knapp, seconded by Godfroid-Marecki, it was
CR 152-05 RESOLVED, that having considered an application from
Elizabeth Scicluna, 18531 Pershing, dated March 22, 2005, requesting
permission to close Pershing between Margareta and Clarita on Saturday,
July 2, 2005, from 11 00 a 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, July 3,
2005, in the event of inclement weather, the action taken herein being
made subject to the approval of the Police Department.
CR 153-05 RESOLVED, that having considered a communication from
the Director of Community Resources, dated March 21, 2005, which bears
the signature of the Finance Director, is approved by the City Attorney and
is approved for submission by the Mayor, and to which is attached a
proposed Amendment to the Specialized Services Vehicle Agreement
between SMART and the City of Livonia to provide the City (without
charge) one (1) new 2005 21' Ford Aerotech E-350 vehicle, purchased
with Michigan Department of Transportation 5310 Grant funds, the Council
does, for and on behalf of the City of Livonia, authorize the Mayor and City
Clerk to execute the Amendment to said Agreement in the manner and
form herein submitted, provided that the Amendment is approved as to
form by the Department of Law
CR 154-05 RESOLVED, that having considered the report and
recommendation of the City Engineer, dated March 9, 2005, which bears
the signature of the Director of Finance, approved by the Director of Public
Works and is approved for submission by the Mayor, the Council does
hereby accept the unit price bid of Zuniga Cement Construction, Inc., 1779
Regular Meeting of April 13, 2005 39067
Oakgrove Avenue, Hazel Park, Michigan 48030, for completing all work
required in connection with the 2005 Sidewalk and Pavement
Replacement Program - Water Main Breaks (Contract 05-F) for the
estimated total cost of $14,681 25 based upon the Engineering Division's
estimate of units involved, and subject to a final payment based upon the
actual units completed in accordance with the unit prices accepted herein,
FURTHER, the Council does hereby appropriate and authorize an
expenditure in the amount of $14,681 25 from the Water and Sewer
Construction in Progress (Account No 592-158-000) for this purpose, and
the City Engineer is hereby authorized to approve minor adjustments in
the work as it becomes necessary; and the Mayor and City Clerk are
hereby authorized to execute a contract for and on behalf of the City of
Livonia with the aforesaid bidder and to do all other things necessary or
incidental to the full performance of this resolution
CR 155-05 RESOLVED, that having considered a communication from
the City Planning Commission, dated March 17, 2005, which transmits its
resolution 03-27-2005, adopted on March 15, 2005, with regard to a
request submitted by Schafer Development, on behalf of St. Martins
Commons Condominiums, to modify the plans which previously received
site plan approval by the City Council on February 9, 2005, pursuant to
Council Resolution 40-05, in connection with Petition 2004-12-08-22, for
the proposed condominium development located on the north side of St.
Martins Avenue between Middlebelt Road and Melvin Avenue in the
Southeast 1/4 of Section 2, 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 plans
in connection with Petition 2004-12-08-22 are hereby approved and
granted, subject to the following conditions
1 That the Site Plan marked Sheet 1 dated January 10, 2005, as
revised, prepared by Creative Land Planning & Design, is hereby
approved and shall be adhered to,
2 That the Landscape Plan marked Sheet LP-1 dated February 22,
2005, as revised, prepared by Nagy & Associates, is hereby
approved and shall be adhered to,
3 That the Landscape Plan marked Sheet LP-2 dated February 22,
2005, as revised, prepared by Nagy & Associates, is hereby
approved and shall be adhered to,
4 That the height of the planted trees shall be measured from the top
of the root ball to the mid-point of the top leader;
Regular Meeting of April 13, 2005 39068
5 That all disturbed lawn areas shall be sodded in lieu of
hydroseeding,
6 That underground sprinklers are to be provided for all landscaped
and sodded areas, and all planted materials shall be installed to the
satisfaction of the Inspection Department and thereafter
permanently maintained in a healthy condition,
7 That the Exterior Building Elevation Plan marked Sheet #4 dated
February 24, 2004, as revised, prepared by Ronald E Mayotte &
Associates, is hereby approved and shall be adhered to,
8 That the Exterior Building Elevation Plan marked Sheet #4 dated
September 21, 2004, as revised, prepared by Ronald E Mayotte &
Associates, is hereby approved and shall be adhered to,
9 That the first floor of each condominium unit shall be brick or stone,
on all four (4) sides, and the total amount of brick or stone on each
two-story unit shall not be less than 65%,
10That all exterior chimneys shall be brick,
11 That the brick used in the construction shall be full-face 4 inch
brick,
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,
14 That all light fixtures shall not exceed 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;
15 That the entrance marker shown on the approved Landscape Plan
is hereby approved and shall be adhered to,
16 That the Master Deed and bylaws for this condominium
development shall be submitted to the Planning Department within
sixty (60) days of this approval,
air
Regular Meeting of April 13, 2005 39069
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; and
18 That all other conditions imposed by Council Resolution 40-05,
which granted approval for the construction of a condominium
development, 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 resolutions with the following result:
AYES Kokenakes, Godfroid-Marecki, McCann, Robinson, Knapp, Meakin
and Taylor
NAYS None
On a motion by McCann, seconded by Kokenakes, it was
CR 156-05 RESOLVED, that having considered the report and
recommendation of the Committee of the Whole, dated March 22, 2005,
submitted pursuant to Council Resolution 226-04, in connection with a
communication from the City Planning Commission, dated March 25,
2004, which sets forth its resolution 03-35-2004 adopted on March 23,
2004, with regard to Petition 2004-01-01-02, submitted by Hasan Rakipi
for a change of zoning of property located at 9081 Middlebelt, on the west
side of Middlebelt Road between Dover Avenue and Grandon Avenue in
the Southeast 1/4 of Section 35 from OS to R-C, and the Council having
conducted a public hearing with regard to this matter on April 28, 2004,
the Council does hereby approve Petition 2004-01-01-02 for preparation
of the ordinance for submission to Council, and the City Planner is hereby
instructed to cause the necessary map for publication to be prepared
indicating the zoning change herein approved and to furnish the same to
the Department of Law and, upon receipt of such map, the Department of
Law is requested to prepare an ordinance amending Ordinance No 543,
as amended, in accordance with this resolution
A roll call vote was taken on the foregoing resolution with the following result:
AYES Kokenakes, Godfroid-Marecki, McCann, Knapp and Meakin
NAYS Robinson and Taylor
The President declared the resolution duly adopted
Council Vice-President Meakin gave first reading to the following
Regular Meeting of April 13, 2005 39070
Ordinance
AN ORDINANCE AMENDING SECTION 17 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 2004-09-01-10)
The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in the
Office of the City Clerk, and is the same as if word for word repeated herein
Council Vice-President Meakin invoked the Emergency Clause and
gave second reading to the foregoing Ordinance and a roll call vote was taken
thereon with the following result:
AYES Kokenakes, Godfroid-Marecki, McCann, Robinson, Knapp,
Meakin and Taylor
NAYS None
The President declared the foregoing Ordinance duly adopted, and would become
effective on publication
A revised Site Plan, dated April 7, 2005, re construction of a dental office
located at 15552 Newburgh Road, submitted by Steven Gluck, was received and placed
on file for the information of the Council (Petition 2005-02-08-04)
On a motion by Knapp, seconded by Meakin, it was
RESOLVED, that having considered a communication from
the City Planning Commission, dated March 17, 2005, which transmits its
resolution 03-26-2005, adopted on March 15, 2005, with regard to
Petition 2005-02-08-04 submitted by Steven Gluck, requesting site plan
approval in connection with a proposal to construct a dental office on
property located at 15552 Newburgh Road, on the east side of Newburgh
Road between Five Mile Road and Ladywood Avenue in the Southwest
1/4 of Section 17, pursuant to the provisions set forth in Section 18 58 of
Ordinance No 543, as amended, the Council does hereby concur in the
Regular Meeting of April 13, 2005 39071
recommendation of the Planning Commission and Petition 2005-02-08-04
is hereby approved and granted, subject to the following conditions
1 That the Site Plan marked A-1 dated April 7, 2005, prepared by
Guido Architects, is hereby approved and shall be adhered to,
2 That the Landscape Plan marked A-2 dated April 7, 2005,
prepared by Guido Architects, is hereby approved and shall be
adhered to, except for the fact that a continuous row of evergreen
trees, planted in a staggered line not more than 10 feet apart, shall
be installed along the entire east property line,
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 A-4, dated April
7, 2005, as revised, and A-5 dated February 23, 2005, prepared
by Guido Architects, is hereby approved and shall be adhered to,
7 That the brick used in the construction shall be full face 4 inch
brick,
8 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,
9 That the three walls of the trash dumpster area shall be
constructed out of the same brick used in the construction of the
building or in the event a poured wall is substituted, the wall's
design, texture and color shall match that of the building, and the
enclosure gates shall be maintained and when not in use closed at
all times,
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,
Regular Meeting of April 13, 2005 39072
11 That the Developer shall submit for approval an ongoing mosquito
control program, as approved by the Department of Public Works,
describing maintenance operations and larvicide applications to
the City of Livonia Inspection Department prior to the construction
of the stormwater retention facility;
12 That the owner shall provide annual reports to the Inspection
Department on the maintenance and larvicide treatments
completed on the stormwater detention pond,
13 That all light fixtures shall not exceed 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;
14 That the petitioner shall correct to the Fire Department's
satisfaction the following as outlined in the correspondence dated
March 7, 2005
• That if subject building is to be provided with an automatic
sprinkler system, a hydrant shall be located between 50 feet
and 100 feet from the Fire Department connection,
• That the 22 foot wide entrance drive be posted (both sides) "Fire
Lane — No Parking",
• That hydrant spacing in the commercial/retail grouping shall be
consistent with City of Livonia Ordinances,
• That fire lanes shall be marked with freestanding signs or
marked curbs, sidewalks, or other traffic surfaces that have the
words "Fire Lane — No Parking" painted in contrasting colors at
a size and spacing approved by the authority having jurisdiction,
15 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,
16 That no LED lightband or exposed neon shall be permitted on this
site including, but not limited to, the building or around the
windows,
17 That the landscaped greenbelts along the north and east property
lines, as shown on the approved landscape plan, is hereby
accepted and shall be substituted for the protective wall required
by Section 18 45 of the Zoning Ordinance,
Regular Meeting of April 13, 2005 39073
18 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 for their
review and approval or immediately construct the protective wall
pursuant to Section 18 45,
19 That this dental office shall be one story maximum in perpetuity;
and
20 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
Council President Taylor passed the gavel to Council Vice-President Meakin at 8 17
p m in order to speak to this resolution
Council President Taylor offered a friendly amendment to Condition No 9
to replace a trash dumpster area with an internal trash compaction
Councilmember McCann offered a friendly amendment to Condition No 2
stating that no maples trees be included in the Landscape Plan
The petitioner, Dr Gluck, 4580 Pickering, Bloomfield Hills, was present at the meeting,
and agreed to the above-mentioned changes and amendments presented by the
Council
On a motion by Knapp, seconded by Meakin, and unanimously approved,
it was
CR 157-05 RESOLVED, that having considered a communication from
the City Planning Commission, dated March 17, 2005, which transmits its
resolution 03-26-2005, adopted on March 15, 2005, with regard to
Petition 2005-02-08-04 submitted by Steven Gluck, requesting site plan
approval in connection with a proposal to construct a dental office on
property located at 15552 Newburgh Road, on the east side of Newburgh
Road between Five Mile Road and Ladywood Avenue in the Southwest
1/4 of Section 17, pursuant to the provisions set forth in Section 18 58 of
Ordinance No 543, as amended, the Council does hereby concur in the
recommendation of the Planning Commission and Petition 2005-02-08-04
is hereby approved and granted, subject to the following conditions
1 That the Site Plan marked A-1 dated April 7, 2005, prepared by
Guido Architects, is hereby approved and shall be adhered to,
Regular Meeting of April 13, 2005 39074
2 That the Landscape Plan marked A-2 dated April 7, 2005,
prepared by Guido Architects, is hereby approved and shall be
adhered to, except for the fact that a continuous row of evergreen
trees, planted in a staggered line not more than 10 feet apart, shall
be installed along the entire east property line, and further
provided that any reference to maple trees be deleted from the
Landscape Plan,
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 A-4, dated April
7, 2005, as revised, and A-5 dated February 23, 2005, prepared
by Guido Architects, is hereby approved and shall be adhered to,
7 That the brick used in the construction shall be full-face 4 inch
brick,
8 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,
9 That this approval shall include internal compaction for trash,
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 the Developer shall submit for approval an ongoing mosquito
control program, as approved by the Department of Public Works,
describing maintenance operations and larvicide applications to
the City of Livonia Inspection Department prior to the construction
of the stormwater retention facility;
12 That the owner shall provide annual reports to the Inspection
Department on the maintenance and larvicide treatments
firp completed on the stormwater detention pond,
Regular Meeting of April 13, 2005 39075
13 That all light fixtures shall not exceed 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;
14 That the petitioner shall correct to the Fire Department's
satisfaction the following as outlined in the correspondence dated
March 7, 2005
• That if subject building is to be provided with an automatic
sprinkler system, a hydrant shall be located between 50 feet
and 100 feet from the Fire Department connection,
• That the 22 foot wide entrance drive be posted (both sides) "Fire
Lane — No Parking",
• That hydrant spacing in the commercial/retail grouping shall be
consistent with City of Livonia Ordinances,
• That fire lanes shall be marked with freestanding signs or
marked curbs, sidewalks, or other traffic surfaces that have the
words "Fire Lane — No Parking" painted in contrasting colors at
a size and spacing approved by the authority having jurisdiction,
15 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,
16 That no LED lightband or exposed neon shall be permitted on this
site including, but not limited to, the building or around the
windows,
17 That the landscaped greenbelts along the north and east property
lines, as shown on the approved landscape plan, is hereby
accepted and shall be substituted for the protective wall required
by Section 18 45 of the Zoning Ordinance,
18 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 for their
review and approval or immediately construct the protective wall
pursuant to Section 18 45,
19 That this dental office shall be one story maximum in perpetuity;
and
Regular Meeting of April 13, 2005 39076
20 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
Council Vice-President Meakin returned the gavel to Council President Taylor at 8.25
pm
On a motion by McCann, seconded by Godfroid-Marecki, and
unanimously adopted, it was
CR 158-05 RESOLVED, that the Council does hereby refer the subject
matter of the diversity of tree species to be included on future site plans,
which shall include a report from the Public Service Forestry Department
on the condition of trees in the City of Livonia, to the Committee of the
Whole for a report and recommendation
On a motion by Kokenakes, seconded by Meakin, and unanimously
adopted, it was
CR 159-05 RESOLVED, that having considered two letters from Bart
Wingblad, Angela Hospice Volunteer, dated March 12, 2005 and March
29, 2005, requesting permission to display 16' x 12' lighted signs
promoting the Angela Hospice annual fundraiser "Light Up a Life," at the
southwest corner of Six Mile and Newburgh Roads and the southwest
corner of Seven Mile and Newburgh Roads, the Council does hereby
determine to deny this request.
An Off-Site Directional Sign for Hunters Park Estates and some sample
pictures of signs, received in the City Council Office on April 5, 2005, re the installation
of an Off-Site Directional Sign on City-owned property at Hunters Park Estates located
on the south side of Plymouth Road west of Newburgh Road, was received and placed
on file for the information of the Council
On a motion by Meakin, seconded by Godfroid-Marecki, and unanimously
adopted, it was
CR 160-05 RESOLVED, that having considered a letter from Craig
Corbell, HPE Development, LLC, dated March 24, 2005, requesting to
install an off-site directional sign on City-owned property located on the
Regular Meeting of April 13, 2005 39077
northwest corner of Plymouth and Newburgh Roads in connection with the
development of Hunters Park Estates, located on the south side of
Plymouth Road, west of Newburgh Road, the Council does hereby deny
this request.
A communication from the Department of Finance, dated April 5, 2005, re
revisions to the proposed Credit Card Policy involving the use of credit cards by officers
and employees of the City of Livonia, was received and placed on file for the information
of the Council
On a motion by Robinson, seconded by Kokenakes, and unanimously
adopted, it was
CR 161-05 RESOLVED, that having considered communications from
the Director of Finance, dated March 17, 2005 and April 5, 2005,
respectively, approved for submission by the Mayor, requesting the
adoption of a credit card policy in order to regulate credit card transactions
involving the use of credit cards by officers and employees of the City of
Livonia, and in compliance with the State of Michigan Public Act 266 of
1995, as amended, the Council does hereby approve of and adopt the
policy regulating credit card transactions, City of Livonia, Michigan, dated
April 5, 2005, as recommended by the Director of Finance in his letter
dated April 5, 2005
On a motion by McCann, seconded by Robinson, and unanimously
adopted, it was
CR 162-05 RESOLVED, that having considered a communication from
the City Planning Commission, dated March 22, 2005, which transmits its
resolution 03-28-2005, adopted on March 15, 2005, with regard to Petition
2005-01-SN-01, submitted by Shell Oil Products, requesting approval for
signage for the gas station located at 37449 Five Mile Road, on the
southwest corner of Five Mile and Newburgh Roads in the Northeast 1/4
of Section 19, the Council does hereby concur in the recommendation of
the Planning Commission and Petition 2005-01-SN-01 is hereby approved
and granted, subject to the following conditions
1 That the Sign Plans marked Sheet A-1, dated March 21, 2005, as
revised, and Sheets A-2 and A-3, dated September 15, 2004,
prepared by Tech Express, are hereby approved and shall be
adhered to, except for the following
Regular Meeting of April 13, 2005 39078
• That the sign shall not exceed 42 6 square feet in area or
exceed 10 feet in height and shall have a minimum setback of 5
feet from any right-of-way lines, and it should be a masonry
base monument sign,
2 That all wall signage shall be in conformance with the ordinance
and that the ground sign is subject to the approval of the Zoning
Board of Appeals for excessive sign area,
3 That all signage shall not be illuminated beyond one (1) hour after
this business closes,
4 That no exposed neon shall be permitted on this site including, but
not limited to, the building or around the windows,
5 That any additional signage shall come back before the Planning
Commission and City Council for their review and approval,
6 That all site landscaping shall be brought into compliance,
7 That the petitioner shall correct to the Inspection Department's
satisfaction the following as outlined in the correspondence dated
February 16, 2005
• That the front and rear building fascia shall be repaired and
painted,
• That the entire parking lot shall be cleaned up, repaired,
resealed and doubled striped,
• That all handicap spaces shall be identified and comply with the
Michigan Barrier Free Code,
8 That the site's trash dumpster shall be enclosed and the three walls
of the trash dumpster area shall be constructed out of the same
material as the service station or in the event a poured wall is
substituted, the wall's design, texture and color shall match that of
the building and the enclosure gates shall be maintained and when
not in use closed at all times, and
9 That the specific plans referenced in this approving resolution shall
be submitted to the Inspection Department at the time the sign
permits are applied for
On a motion by McCann, seconded by Kokenakes, and unanimously
Regular Meeting of April 13, 2005 39079
adopted, it was
CR 163-05 RESOLVED, that having considered a communication from
the City Planning Commission, dated March 22, 2005, which transmits its
resolution 03-29-2005, adopted on March 15, 2005, with regard to Petition
2005-01-SN-02, submitted by Shell Oil Products, requesting approval for
signage for the gas station located at 36420 Plymouth Road, on the
northwest corner of Plymouth and Levan Roads in the Southwest 1/4 of
Section 29, the Council does hereby concur in the recommendation of the
Planning Commission and Petition 2005-01-SN-02 is hereby approved
and granted, subject to the following conditions
1 That the Sign Plans marked Sheet A-1, dated March 21, 2005, as
revised, and Sheets A-2 and A-3, dated September 15, 2004,
prepared by Tech Express, are hereby approved and shall be
adhered to, except for the following
• That the sign shall not exceed 42 6 square feet in area or
exceed 10 feet in height and shall have a minimum setback of 5
feet from any right-of-way lines, and it should be a masonry
base monument sign,
2 That all wall signage shall be in conformance with the ordinance
and that the ground sign is subject to the approval of the Zoning
Board of Appeals for excessive sign area,
3 That all signage shall not be illuminated beyond one (1) hour after
this business closes,
4 That no exposed neon shall be permitted on this site including, but
not limited to, the building or around the windows,
5 That any additional signage shall come back before the Planning
Commission and City Council for their review and approval,
6 That the petitioner shall correct to the Inspection Department's
satisfaction the following as outlined in the correspondence dated
February 16, 2005
• That the front and rear building fascia shall be repaired and
painted,
• That the entire parking lot shall be cleaned up, repaired,
resealed and doubled striped,
Regular Meeting of April 13, 2005 39080
• That all handicap spaces shall be identified and comply with the
Michigan Barrier Free Code,
7 That the site's trash dumpsters shall be enclosed and the three
walls of the trash dumpster areas shall be constructed out of the
same material as the service station or in the event a poured wall is
substituted, the wall's design, texture and color shall match that of
the building and the enclosure gates shall be maintained and when
not in use closed at all times, and
8 That the specific plans referenced in this approving resolution shall
be submitted to the Inspection Department at the time the sign
permits are applied for
On a motion by McCann, seconded by Godfroid-Marecki, and
unanimously adopted, it was
CR 164-05 RESOLVED, that having considered a communication from
the City Planning Commission, dated March 22, 2005, which transmits its
resolution 03-30-2005, adopted on March 15, 2005, with regard to Petition
2005-01-SN-03, submitted by Shell Oil Products, requesting approval for
signage for the gas station located at 33411 Six Mile Road, on the
southwest corner of Six Mile and Farmington Roads in the Northeast 1/4
of Section 16, the Council does hereby concur in the recommendation of
the Planning Commission and Petition 2005-01-SN-03 is hereby approved
and granted, subject to the following conditions
1 That the Sign Plans marked Sheet A-1, A-2 and A-3, all dated
March 21, 2005, as revised, prepared by Tech Express, are hereby
approved and shall be adhered to, except for the following
• That the sign shall not exceed 42 6 square feet in area or
exceed 10 feet in height and shall have a minimum setback of 5
feet from any right-of-way lines, and it should be a masonry
base monument sign,
2 That all wall signage shall be in conformance with the ordinance
and that the ground sign is subject to the approval of the Zoning
Board of Appeals for excessive sign area,
3 That all signage shall not be illuminated beyond one (1) hour after
this business closes,
4 That no exposed neon shall be permitted on this site including, but
not limited to, the building or around the windows,
Regular Meeting of April 13, 2005 39081
5 That any additional signage shall come back before the Planning
Commission and City Council for their review and approval,
6 That the petitioner shall correct to the Inspection Department's
satisfaction the following as outlined in the correspondence dated
February 16, 2005
• That the existing guardrail shall be weather coated,
• That trash and debris strewn about the site shall be cleaned
up and all landscaping be brought up to the standards as
approved on the original site plan,
• That the light pole on the south side of the south Farmington
Road approach shall be replaced,
• That the entire parking lot shall be cleaned up, repaired,
resealed and doubled striped,
• That all handicap spaces shall be identified and comply with
the Michigan Barrier Free Code,
• That the rear building facia shall be repaired and weather
coated,
• That the site's landscaping shall be re-established and
thereafter permanently maintained in a healthy condition,
7 That the site's trash dumpster shall be enclosed and the three walls
of the trash dumpster area shall be constructed out of the same
material as the service station or in the event a poured wall is
substituted, the wall's design, texture and color shall match that of
the building and the enclosure gates shall be maintained and when
not in use closed at all times,
8 That all site landscaping shall be brought into compliance, and
9 That the specific plans referenced in this approving resolution shall
be submitted to the Inspection Department at the time the sign
permits are applied for
A revised Site Plan, dated April 8, 2005, re the modification of plans
submitted by A F Jonna Development, on behalf of Fountain Park, located on the
Regular Meeting of April 13, 2005 39082
northeast corner of Plymouth and Farmington Roads, was received and placed on file
for the information of the Council (Petition 1999-02-08-08)
On a motion by Knapp, seconded by McCann, it was
CR 165-05 RESOLVED, that having considered a communication from
the City Planning Commission, dated March 22, 2005, which transmits its
resolution 03-34-2005, adopted on March 15, 2005, with regard to a
request submitted by A. F Jonna Development, on behalf of Fountain
Park, to modify the plans previously approved by the City Council on
August 13, 2001, pursuant to Council Resolution 523-01 in connection
with Petition 1999-02-08-08, for the development located on the northeast
corner of Plymouth Road and Farmington Road in the Southwest 1/4 of
Section 27, pursuant to the provisions set forth in Section 18 47 of
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 Kokenakes, McCann, Robinson, Knapp, Meakin and Taylor
NAYS Godfroid-Marecki
The President declared the resolution duly adopted
Councilmember Knapp left the podium at 8 46 p m due to a potential conflict of interest.
On a motion by Kokenakes, seconded by Godfroid-Marecki, it was
CR 166-05 RESOLVED, that having considered a communication from
the City Planning Commission, dated March 22, 2005, which transmits its
resolution 03-32-2005, adopted on March 15, 2005, with regard to Petition
2005-01-08-02 submitted by Sarah Estates Site Condominiums Phase II,
requesting site plan approval in connection with a proposal to construct a
site condominium development on property located at 34745 and 34655
Eight Mile Road in the Northwest 1/4 of Section 4, pursuant to the
provisions set forth in Section 18 62 of Ordinance No 543, as amended,
the Council does hereby concur in the recommendation of the Planning
Commission and Petition 2005-01-08-02 is hereby approved and granted,
subject to the following conditions
1 That the Master Deed and bylaws for this condominium
development shall be submitted to the Planning Commission and
City Council within sixty (60) days of this approval,
L
Regular Meeting of April 13, 2005 39083
2 That the first floor of each condominium unit shall be brick or stone,
on all four (4) sides, and the total amount of brick or stone on each
two-story unit shall not be less than 65%,
3 That all exterior chimneys shall be brick,
4 That the brick used in the construction shall be full face 4 inch brick,
5 In the event of a conflict between the provisions set forth in the
Master Deed and bylaws and the requirements set forth in the City
of Livonia Zoning Ordinance No 543, as amended, the Zoning
Ordinance requirements shall prevail and petitioner shall comply
with the Zoning Ordinance requirements,
6 That the petitioner shall include language in the Master Deed and
bylaws or a separate recordable instrument wherein the
condominium association shall reimburse the City of Livonia for any
maintenance or repair costs incurred for the storm water
detention/retention and outlet facilities, and giving the City of
Livonia the right to impose liens on each lot owner's property
prorata and place said charges on their real estate tax bills in the
event said charges are not paid by the condominium association (or
each lot owner) within thirty (30) days of billing for the City of
Livonia,
7 That all required cash deposits, certified checks, irrevocable bank
letters of credit and/or surety bonds which shall be established by
the City Engineer pursuant to Article XVIII of Ordinance No 543,
Section 18 66 of the ordinance, shall be deposited with the City
prior to the issuance of engineering permits for this site
condominium development;
8 That the Site Plan marked C-1 dated January 31, 2005, as revised,
prepared by Landmark Engineering Company showing a total of 35
lots and a single stub street abutting the southern half of lot 14 of
the Fairway Subdivision, is hereby approved and shall be adhered
to,
9 That the Landscape Plan dated January 26, 2004, prepared by
Unique Builders & Developers of Livonia, is hereby approved and
shall be adhered to,
10 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;
Regular Meeting of April 13, 2005 39084
11 That all disturbed lawn areas shall be sodded in lieu of
hydroseeding,
12 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,
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,
14 That the petitioner shall correct to the Police Department's
satisfaction the following as outlined in the correspondence dated
January 28, 2005
• That a stop sign shall be erected for vehicles exiting Sarah Beth
Lane onto Eight Mile Road,
• That a street light shall be installed at the intersection of Sarah
Beth Lane and Eight Mile Road,
• That street lighting be installed throughout the complex;
• That sidewalks be installed throughout the complex;
15 That the petitioner shall correct to the Fire Department's
satisfaction the following as outlined in the correspondence dated
February 1, 2005
• That if any of subject buildings are to be provided with automatic
sprinkler systems, hydrants shall be located between 50 feet
and 100 feet from the Fire Department connections,
• That adequate hydrants shall be provided and located with
spacing consistent with residential areas, most remote hydrant
shall flow 1,000 GPM with a residual pressure of 20 PSI,
• That all cul-de-sacs shall be 50 feet with a minimum right-of-way
radius of 60 feet to provide for sidewalks and utilities, and
16 That the specific plans referenced in this approving resolution shall
be submitted to the Inspection Department at the time the building
permits are applied for
A roll call vote was taken on the foregoing resolution with the following result:
Regular Meeting of April 13, 2005 39085
AYES Kokenakes, Godfroid-Marecki, McCann, Robinson, Meakin and
Taylor
NAYS None
The President declared the resolution duly adopted
Councilmember Knapp returned to the podium at 8 48 p m
A revised Exterior Building Elevation Plan, received on April 12, 2005, re
a proposal to construct a commercial building located at 29200 Seven Mile Road,
submitted by Finishline Power Sports, was received and placed on file for the
information of the Council (Petition 2005-02-08-03)
On a motion by McCann, seconded by Robinson, and unanimously
adopted, it was
CR 167-05 RESOLVED, that having considered a communication from
the City Planning Commission, dated March 17, 2005, which transmits its
resolution 03-25-2005, adopted on March 15, 2005, with regard to
Petition 2005-02-08-03 submitted by Finishline Power Sports, requesting
site plan approval in connection with a proposal to construct a
commercial building on property located at 29200 Seven Mile Road, on
the north side of Seven Mile Road between Middlebelt Road and
Parkville Avenue in the Southwest 1/4 of Section 1, 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 2005-02-08-03 is hereby approved and granted,
subject to the following conditions
1 That the Site Plan dated March 21, 2005, as revised, prepared by
Atwell Hicks, is hereby approved and shall be adhered to,
2 That appropriate recordable legal instrumentation, such as a cross
parking agreement, that gives notice and outlines the terms of how
the subject property(s) would share parking, be supplied to the
City;
3 That the Landscape Plan dated March 21, 2005, as revised,
prepared by Atwell Hicks, is hereby approved and shall be
adhered to,
Regular Meeting of April 13, 2005 39086
4 That the height of the planted trees shall be measured from the top
of the root ball to the mid-point of the top leader;
5 That all disturbed lawn areas shall be sodded in lieu of
hydroseeding,
6 That underground sprinklers are to be provided for all landscaped
and sodded areas, and all planted materials shall be installed to
the satisfaction of the Inspection Department and thereafter
permanently maintained in a healthy condition,
7 That the revised Exterior Building Elevation Plan marked Sheet
A102, received in the City Council Office on April 12, 2005, as
revised, prepared by THA, is hereby approved and shall be
adhered to, with the exception of the detail which is shown on the
New Data received by the City Council on April 13, 2005, the
building shall be constructed out of dark block (color Sand Rock)
with five (5) rows of contrasting light block (color Cobbletone) multi
strips as shown in the New Data received by the City Council on
April 13, 2005,
8 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,
9 That the three walls of the trash dumpster area shall be
constructed out of the same block used in the construction of the
building or in the event a poured wall is substituted, the wall's
design, texture and color shall match that of the building and the
enclosure gates shall be maintained and when not in use closed at
all times,
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 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 Fire Department's
satisfaction the following as outlined in the correspondence dated
February 28, 2005
Regular Meeting of April 13, 2005 39087
• That if subject building is to be provided with an automatic
sprinkler system, a hydrant shall be located between 50 feet
thip and 100 feet from the Fire Department connection,
• That adequate hydrants shall be provided and located with a
maximum spacing of 300 feet between hydrants, most remote
hydrant shall flow 1,500 FPM with a residual pressure of 20 PSI,
• That the 20 foot wide entrance drive be posted (both sides) "Fire
Lane — No Parking",
• That hydrant spacing in the commercial/retail grouping shall be
consistent with City of Livonia ordinances,
• That fire lanes shall be marked with freestanding signs or
marked curbs, sidewalks, or other traffic surfaces that have the
words "Fire Lane — No Parking" painted in contrasting colors at
a size and spacing approved by the authority having jurisdiction,
13 That the petitioner shall correct to the Police Department's
satisfaction the following as outlined in the correspondence dated
March 4, 2005
• That a stop sign be placed at the exit onto Seven Mile Road
from this property;
14 That this approval is subject to the petitioner being granted a
variance from the Zoning Board of Appeals for deficient parking
and any conditions related thereto,
15 That no signs, either freestanding or wall mounted, are approved
with this petition, all such signage shall be separately submitted for
review and approval by the Planning Commission and City
Council,
16 That no LED lightband or exposed neon shall be permitted on this
site including, but not limited to, the building or around the
windows,
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; and
18 That no outside storage, placement or display of merchandise
shall be permitted at any time on this site
Regular Meeting of April 13, 2005 39088
A communication from the Office of the Treasurer, dated April 4, 2005, re
Single Lot Assessments on owners who have not paid charges connected to the 2004
Sidewalk Program, 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 168-05 RESOLVED, that having considered a communication from
the City Treasurer dated April 4, 2005, regarding the replacement of
sidewalks in connection with the 2004 Sidewalk Program, Contract 04-G,
single lot assessments in the City of Livonia on the following parcels in the
following amounts
Parcels of property and assessment, as outlined in the
Engineering Division's letter dated January 13, 2005, is
included herein by reference,
which work was done pursuant to Council Resolutions 238-04 and 144-04
in accordance with the provisions of Section 12 04 340 of the Livonia
Code of Ordinances, Title 12, Chapter 4 and the City Treasurer having
thereafter sent a statement of charges by first class mail to the owners of
property to be assessed wherein notice of the meeting by the City Council
on this date was given and at least 30 days having expired since the
giving of such notice with such charges remaining unpaid, the Council
does hereby pursuant to the provisions of Section 3 08 150 of the Livonia
Code of Ordinances, Title 3, Chapter 8, adopt this resolution wherein a
special assessment is placed upon such property for said charges,
FURTHER, the Council does hereby authorize installment payments in the
number of three (3) installments at 6% interest where assessments
exceed $400 and the property owner has requested such installments,
FURTHER, the Council does hereby request that the City Treasurer shall
give notice of the amounts herein determined to the persons chargeable
therewith, such notice to be sent by first class mail to the last known
address of such persons as shown on the most current assessment roll of
the City, and where payments herein authorized are not made within the
specified time this fact shall be reported by the City Treasurer to the City
Assessor who shall charge such amount together with a penalty of 10% of
such amounts against the persons or real property chargeable therewith
on the next general tax roll, and the City Clerk and City Treasurer are
hereby requested to do all things necessary or incidental to the full
performance of this resolution
t
,,,,, On a motion by Knapp, seconded by Godfroid-Marecki, and unanimously
Regular Meeting of April 13, 2005 39089
adopted, it was
CR 169-05 RESOLVED, that having considered a communication from
the City Librarian, dated March 14, 2005, which bears the signature of the
Director of Finance and is approved for submission by the Mayor, the
Council does, for and on behalf of the City of Livonia, accept various gifts
and cash donations, in the total amount of $59,350 00, from the sources
indicated therein for use by the Livonia Public Library as indicated in the
aforesaid communication, FURTHER, the Council does hereby
appropriate and credit the amount of $20,550 00 to Account No 702-000-
285-271, $10,000 00 to Account No 702-000-285-272, and $13,600 00 to
Account No 702-000-285-273 for the purposes as designated by the
donors
On a motion by McCann, seconded by Knapp, and unanimously adopted,
it was
CR 170-05 RESOLVED, that having considered a communication from
the Fire Chief, dated March 14, 2005, which bears the signature of the
Director of Finance and the Director of Public Safety and is approved for
submission by the Mayor, the Council does, for and on behalf of the City
of Livonia, accept a cash donation in the amount of $500 00 from the
Budde family, 47690 Aberdeen Drive, Novi, Michigan 48374, the same to
be appropriated and credited to Account No 702-285-336 (Fire
Community Donations) for the purposes as designated by the donors
On a motion by Meakin, seconded by Robinson, and unanimously
adopted, it was
CR 171-05 RESOLVED, that having considered a communication from
Brian Meakin, City Council Vice President, dated March 31, 2005, the
Council does hereby refer (on a permanent basis) the subject of
miscellaneous budget issues to the Finance, Insurance and Budget
Committee for its consideration
There was no audience communication at the end of the meeting
On a motion by McCann, seconded by Knapp, and unanimously adopted,
this 1,534th Regular Meeting of the Council of the City of Livonia was adjourned at 8 56
p m , April 13, 2005
a.; re.
Val Vandersloot, City Clerk