HomeMy WebLinkAboutCOUNCIL MINUTES 2004-12-20 34933
MINUTES OF THE ONE THOUSAND FIVE HUNDRED TWENTY-SEVENTH
REGULAR MEETING OF DECEMBER 20, 2004
On December 20, 2004, the above meeting was held at the City Hall,
33000 Civic Center Drive, Livonia, Michigan, and was called to order by the President of
the Council at 8 00 p m Council Vice-President Meakin delivered the invocation
Roll was called with the following result, Brian Meakin, Frank J
Kokenakes, Terry Godfroid-Marecki, James McCann, Thomas Robinson, Donald
Knapp, and Gerald Taylor
Absent: None
Elected and appointed officials present: Jack Engebretson, Mayor;
Robert Schron, City Engineer; Mark Taormina, City Planner; Sean Kavanagh, City
Attorney; Val Vandersloot, City Clerk, Karen Szymula, Director of Legislative Affairs,
Robert Biga, Human Resources Director and Linda McCann, Director of Community
Resources
On a motion by Knapp, seconded by Meakin, and unanimously adopted,
it was
CR 573-04 RESOLVED, that the minutes of the 1,526th Regular Meeting
of the Council held December 6, 2004 are hereby approved as submitted
During the audience communication portion of the agenda,
Councilmember McCann wished Lacy Sloan, Community Resources Cable Channel 8
employee, congratulations and best wishes on behalf of the Council and the City Ms
Sloan was recently offered an employment opportunity with an NBC affiliate in Tulsa,
Oklahoma
Council President Taylor announced that a Public Hearing would be held
on the following item on Wednesday, January 26, 2005 at 7 00 P M in the auditorium of
the Livonia City Hall, 33000 Civic Center Drive, Livonia, Michigan
Proposed Special Assessment Street Lighting Project - Cross Winds Court
Subdivision and Adjacent Lot Splits, S W 1/4 of Section 11, North of Six Mile and
East of Merriman Roads
Regular Meeting of December 20, 2004 34934
At the direction of the Chair, Item #11 was removed from the Consent
Agenda and placed on the Regular Agenda
On a motion by Knapp, seconded by Robinson, it was
A communication from the Office of the City Clerk, dated December 6,
2004, forwarding a request from the Secretary of the Board of Education re the
collection of Livonia Public School District taxes for the year 2005, collecting one-half
with the summer tax collection and the remaining one-half with the winter tax collection,
was received and placed on file for the information of the Council
CR 574-04 RESOLVED, that having considered a communication from
the City Assessor, dated December 1, 2004, which bears the signature of
the Director of Finance and is approved for submission by the Mayor, and
in accordance with Chapter VIII, Section 6 of the Charter of the City of
Livonia, the Council does hereby determine to approve the following dates
for the Board of Review to conduct Public Hearings in 2005, which Public
Hearings are to be conducted in the conference room of the City Assessor
on the first floor of the Livonia City Hall, 33000 Civic Center Drive, Livonia,
Michigan 48154
FIRST SESSION
Tuesday March 8, 2005 Organizational Meeting 9.00 a.m - 1.00 p.m
Friday March 11, 2005 9 00 a.m - 12 00 noon 1 30 p m -4 30 p.m
SECOND SESSION
Monday March 14, 2005 1 00 p m - 4.00 p m 5 30 p m - 9.00 p.m
Tuesday March 15, 2005 9 00 a.m - 1200 noon 1 30 p.m -4.30 p m
Thursday March 17, 2005 9.00 a.m - 1200 noon 1 30 p m -4 30 p m
FURTHER, the Council does hereby determine that the daily rate of
compensation to be paid to the members of the Board of Review shall be
$120 00 for the Chairperson and $100 00 for other members
Pursuant to Public Act No 165, Public Acts of 1971, we hereby give notice
that the following tentative ratios and multipliers will be used to determine
the State Equalized Value (S E V ) for the year 2005
CLASS RATIO S E.V. FACTOR (MULTIPLIER)
Agricultural 50 00 1 0000
Commercial 50 00 1 0000
Industrial 50 00 1 0000
Regular Meeting of December 20, 2004 34935
Residential 50 00 1 0000
Personal 50 00 1 0000
CR 575-04 RESOLVED, that having considered the report and
recommendation of the Director of Finance, dated November 29, 2004,
approved for submission by the Mayor, and to which is attached a list of
budget corrections and adjustments to the current City budget through the
third quarter of the 2004 fiscal year, the Council does hereby authorize
said budget adjustments and transfers in the manner and form set forth in
the attachment.
CR 576-04 WHEREAS, electronic payments of public funds are required
for some federally mandated transactions of public funds, and electronic
payments have become a commonly accepted practice by banks and
other financial institutions, and
WHEREAS, Public Act 738 of 2002, effective December 31, 2002,
authorizes cities to make electronic transactions involving public funds by
electronic payment, debit, or credit transfer processed through an
automated clearing house, and
WHEREAS, PA 738 authorizes City Officials to enter into an ACH
arrangement with a national or governmental organization that has
authority to process electronic payments (ACH), including, but not limited
to, the National Automated Clearing House Association and the Federal
Reserve System, and
WHEREAS, The Livonia City Council deems that it is in the best interest of
the City to make certain City financial transactions by electronic payments
as described in PA 738
NOW, THEREFORE BE IT RESOLVED, that the Livonia City Council
authorizes the City to utilize electronic transactions in compliance with the
written procedures and internal controls developed and adopted by the
Director of Finance as the City's ACH policy and presented to the Livonia
City Council on December 20, 2004
CR 577-04 RESOLVED, that having considered the report and
recommendation of the Board of Trustees of the City of Livonia
Employees Retirement System, dated December 2, 2004, with regard to
the possible adoption of a proposed resolution to review and monitor
investments for losses suffered due to corporate fraud mismanagement
and to pursue recovery of such losses through the class action litigation
process when appropriate, in connection with the City's Defined Benefit
and Defined Contribution Retirement Plans, the Council does hereby refer
Regular Meeting of December 20, 2004 34936
this item to the Finance, Insurance and Budget Committee for its report
and recommendation
CR 578-04 RESOLVED, that having considered a communication from
the Chief of Police, dated November 30, 2004, which bear the signatures
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 the 2004 Local Law Enforcement
Block Grant funds in the amount of $15,787 00, the same to be deposited
in and credited to Account No 223-649-558-080, FURTHER, the Council
does hereby authorize the required matching funds in the amount of
$1,754 00 to be debited from the Police Division's Account No 265-334-
987-000 (Federal Forfeiture) and credited to Account No 223-649-558-
080 for this purpose
CR 579-04 RESOLVED, that having considered the report and
recommendation of the Chief of Police, dated December 2, 2004, which
bear the signatures of the Director of Finance and the Director of Public
Safety, and is approved for submission by the Mayor, the Council does
hereby authorize the purchase of eleven (11) 2005 Ford Crown Victoria
police vehicles from Signature Ford, 3942 W Lansing Road, Perry,
Michigan 48872, in the amount of $19,466 00 each for a total amount of
$214,126 00, through the Macomb County consortium, FURTHER, the
amount of $214,126 00 is hereby authorized to be expended from funds
already budgeted for this purpose in Account No 101-325-985-000 (Patrol
Bureau Capital Outlay Account), FURTHER, the Council does hereby
determine to authorize the said purchase without competitive bidding
inasmuch as the same is based upon the low Macomb County consortium
bid and such action is taken in accordance with the provisions set forth in
Section 3 04 140D4 of the Livonia Code of Ordinances, as amended
CR 580-04 RESOLVED, that having considered a communication from
the Water and Sewer Board, dated November 23, 2004, which bears the
signature of the Director of Finance and is approved for submission by the
Mayor, and which transmits its resolution WS 3549 11/04, the Council
does hereby accept the proposal received on December 15, 2003, from
Invensys Metering Systems, Inc , 1501 Ardmore Boulevard, Pittsburgh,
Pennsylvania 15221, to supply small diameter water meters, compound
water meters and fire line meters and testers for the period January 1 ,
2005 through December 31, 2005, based upon the unit prices set forth in
the attachment therein and based upon no increase over existing prices
from 2004, FURTHER, the Council does hereby authorize such
expenditure from funds already budgeted in the Water and Sewer Fund
Inventory - Water Meters (Account No 592-111-060) for this purpose,
FURTHER, the Council does hereby authorize the purchase of said items
without competitive bidding for the reasons indicated in the aforesaid
Regular Meeting of December 20, 2004 34937
communication, and such action is taken in accordance with the
provisions set forth in Section 3 04 140D4 of the Livonia Code of
Ordinances, as amended
CR 581-04 RESOLVED, that having considered a communication from
the City Planning Commission, dated November 18, 2004, which transmits
its resolution 11-146-2004, adopted on November 16, 2004, with regard to
Petition 2004-10-02-32, submitted by DeWulf Associates, on behalf of
Bobcat of Motor City, requesting waiver use approval for the outdoor
display and storage of Bobcat construction vehicles on property located at
31231 Schoolcraft Road, on the south side of Schoolcraft Road between
Merriman Road and Middlebelt Road in the Northwest 1/4 of Section 26,
which property is zoned M-1, the Council does hereby concur in the
recommendation of the Planning Commission and Petition 2004-10-02-32
is hereby approved and granted, subject to the following conditions
1 That the Site Plan marked Sheet A prepared by DeWulf Associates
Architects, received by the Planning Commission on December 10
2004, as revised, is hereby approved and shall be adhered to,
2 That the Building Elevations and Interior Renovations Plan marked
Sheet B prepared by DeWulf Associates Architects, dated
November 26, 2004, as revised, is hereby approved and shall be
adhered to,
3 That the outdoor display and/or storage of construction vehicles
and equipment shall only occur within the designated fenced area
comprising the rear yard and a portion of the west side yard as
shown on the above-referenced site plan,
4 That the required number of handicapped accessible parking
spaces shall be provided and these spaces shall be properly sized,
marked and signed,
5 That the entire area to be utilized for the outdoor display and/or
storage of construction vehicles and equipment shall be paved with
asphalt, and said storage area shall be properly graded and
drained to dispose of all surface water in a manner as approved by
the Engineering Division,
6 That a dumpster enclosure shall be provided in the northwesterly
portion of the display/storage area as shown on the Site Plan,
which shall be constructed of brick-textured cast-in-place concrete
walls and with metal enclosure gates which shall be properly
maintained and, when not in use, closed at all times,
Regular Meeting of December 20, 2004 34938
7 That all exterior lighting shall be properly shielded and shall not
exceed 20 feet in height above grade,
8 That the construction vehicles and equipment shall be stored in an
orderly manner in the designated area as shown on the Site Plan,
and there shall be no outdoor storage of disabled or inoperative
vehicles or equipment, scrap material, debris or other similar items,
9 That all landscaped and sodded areas shall be permanently
maintained in a healthy condition, and
10 That the plans referenced in this approving resolution shall be
submitted to the Inspection Department at the time the building
permits are applied for
CR 582-04 RESOLVED, that having considered a communication from
the City Planning Commission, dated November 22, 2004, which transmits
its resolution 11-147-2004, adopted on November 16, 2004, with regard to
Petition 2004-10-02-33, submitted by Byblos General Contracting,
requesting waiver use approval to demolish an existing gas station and
replace it with a new gas station and carry-out restaurant with seating on
property located at 36421 Plymouth Road, on the south side of Plymouth
Road between Levan Road and Raleigh Avenue in the Northwest 1/4 of
Section 32, which property is zoned C-2, the Council does hereby concur
in the recommendation of the Planning Commission and Petition 2004-10-
02-33 is hereby approved and granted, subject to the following conditions
1 That the proposed Site Plan prepared by Byblos General
Contracting, Inc , dated November 22, 2004, as revised, is hereby
approved and shall be adhered to,
2 That the Landscape Plan prepared by Byblos General Contracting,
Inc , dated November 22, 2004, as revised, is hereby approved and
shall be adhered to, with the modification that additional evergreens
be added along the south property line, and the stipulation that the
landscaping shown for the landscape area adjacent to the
Plymouth Road right-of-way shall be in accordance with the
Plymouth Road streetscape design plan formulated in connection
with the PRDA Plymouth Road Beautification Project, and that the
PRDA wall be extended approximately six to ten feet south of the
Levan Road drive approach, subject to the approval of the Planning
Director;
3 That all disturbed lawn areas shall be sodded in lieu of
hydroseeding,
Regular Meeting of December 20, 2004 34939
4 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,
5 That the Building Elevations Plan prepared by Byblos General
Contracting, Inc , dated November 16, 2004, is hereby approved
and shall be adhered to,
6 That the brick used in the construction of the building shall be full-
face four-inch brick, no exceptions,
7 That the pump island canopy shall not exceed eighteen (18) feet in
height, and the lights within the desk on the underside of the
canopy shall be recessed in such a way that the intensity of the
illumination is decreased,
8 That the support columns of the pump island canopy shall be
covered with the same brick used in the construction of the
building,
9 That all pole-mounted light fixtures shall be shielded and shall not
exceed a maximum overall height of twenty (20) feet above grade,
10 That the three walls of the dumpster enclosure shall be constructed
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,
which shall be metal, shall be maintained and when not in use
closed at all times,
11 That the maximum number of customer seats in the carry-out
restaurant shall not exceed 12,
12 That no outdoor storage, placement or display of merchandise shall
be permitted at any time on this site,
13 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,
14 That no LED lightband or exposed neon shall be permitted on this
site including, but not limited to, the building or around the windows,
Regular Meeting of December 20, 2004 34940
15 That the petitioner shall correct to the Inspection Department's
satisfaction the following items as outlined in the correspondence
dated October 28, 2004
• That the existing protective wall averages slightly less than five
feet and will need to be raised to meet minimum standards,
• That the plan shall be adjusted to show new light poles and new
bases, all properly directed and shielded,
• That the existing concrete approach on Levan shall be repaired,
• That handicapped parking shall be provided as required,
16 That this approval shall incorporate the following recommendations
of the Traffic Bureau listed in the correspondence dated October
15, 2004
• Installation of "No Left Turn" sign at the easternmost driveway
exiting to Plymouth Road,
• Installation of height signs for the canopy over the gasoline
pumps,
17 That all rooftop-mounted mechanical equipment shall be completely
screened from view;
18 That this approval is conditional upon the petitioner being granted a
variance by the Zoning Board of Appeals for deficient building
setback from the Levan Road right-of-way line,
19 That all parking spaces within the site be double striped,
20 That "free air" be available at this facility; and
21 That the specific plans referenced in this approving resolution shall
be submitted to the Inspection Department at the time the building
permits are applied for
A roll call vote was taken on the foregoing resolutions with the following result.
AYES Meakin, Kokenakes, Godfroid-Marecki, McCann, Robinson, Knapp
and Taylor
NAYS None
Regular Meeting of December 20, 2004 34941
On a motion by Knapp, seconded by Robinson, it was
CR 583-04 RESOLVED, that having considered a communication from
the City Planning Commission, dated November 23, 2004, which sets forth
its resolution 11-149-2004, adopted on November 16, 2004, with regard to a
request from Schostak Brothers & Company, Inc., on behalf of The Village
Shops of Wonderland East, for a one-year extension of the approval of
Petition 2003-09-08-24 in connection with the approval of all plans for a
proposal to construct a commercial development on property located at
29859 Plymouth Road, on the south side of Plymouth Road between
Middlebelt and Merriman Roads in the Northeast 1/4 of Section 35,
previously granted in Council Resolution 582-03, adopted on November 5,
2003, the Council does hereby refer this item to the Committee of the Whole
for its report and recommendation, provided, however, that approval or
denial of petitioner's request shall be held in abeyance until a vote of City
Council, and no building permit shall be issued and no construction shall
begin until such decision is made
A roll call vote was taken on the foregoing resolution with the following result
AYES Kokenakes, Godfroid-Marecki, McCann, Robinson and Knapp
NAYS Meakin and Taylor
The President declared the resolution duly adopted
A facsimile communication from Norman Hyman, attorney, Honigman,
Miller, Schwartz, and Cohn, LLP, dated December 20, 2004 re the request of Trinity
House Theater to have the City deed the property at 38900 Six Mile Road to it upon
payment of the unpaid taxes plus an administrative fee, was received and placed on file
for the information of the Council
A communication from Councilmembers Frank Kokenakes and Tom
Robinson, dated November 29, 2004, re use by non-profit organizations other than the
Trinity House Theater for the property located at 38900 Six Mile Road, was received
and placed on file for the information of the Council
Regular Meeting of December 20, 2004 34942
An e-mail communication from Mayor Engebretson to Council President
Taylor, dated December 6, 2004, re any non-profit organizations that may be
interested in using the property at 38900 Six Mile Road, as well as the name of contract
people for these organizations, was received and placed on file for the information of
the Council
Eighteen letters/e-mails from the following were received and placed on
file for the information of the Council re support of Trinity House Theater.
Peter Zerger, Guy Snyder, Dave Weigel, Dan Linick, Bruce Schwalm,
Maria Johnston, L Cashero, Russ and Judy Bukwa, Laura Gumina,
Kathleen Ziobron, Leslie Perrine, Maureen Herron, Ronald Masino,
Thomas Verbison, T.A. Pata, Todd Brandon, Mike Angius, Matthew Miga,
and a two page petition containing 34 signatures
Communications from Kathleen Kitzmann, President of Trinity House
Theater, dated November 29 and December 13, 2004, re Trinity House Theater
Mission and Purpose Statement, History, 501 (c) (3) Status, Building Campaign and
letters and petitions, was received and placed on file for the information of the Council
On a motion by Knapp, seconded by Godfroid-Marecki, and unanimously
adopted, it was
CR 584-04 RESOLVED, that having considered the report and
recommendation of the Committee of the Whole, dated November 23,
2004, submitted pursuant to Council Resolution 33-03, in connection with
possible conveyance of the tax-foreclosed property located at 38900 Six
Mile Road to the Trinity House Theater, the Council does hereby approve
the conveyance of the portion of the property as set forth in the following
legal description
LEGAL DESCRIPTION FOR THEATER.
Regular Meeting of December 20, 2004 34943
(Includes front parking lot and areas 3' west, 12' north and 5' east of
building currently occupied by a sanitary service, fenced rear storage area
and air conditioning compressor)
Part of the Southwest 1/4 of Section 7, T1 S , R 9 E , City of
Livonia, Wayne County, Michigan, described as beginning at a
point distant Due East 1322 22 feet and N 00°32'50" W , 60 00 feet
from the Southwest corner of said Section 7 and proceeding thence
N 00°32'50" W , 57 00 feet; thence Due East 72 00 feet, thence N
00°32'50" W , 62 00 feet, thence Due East 54 00 feet, thence S
00°32'50" E , 62 00 feet; thence Due East 39 0 feet; thence S
00°32'50" E , 57 0 feet; thence Due West 165 00 feet to the point of
beginning containing 0.293 acres, with a non-exclusive easement
for the benefit of the City of Livonia and members of the public for
ingress, egress and access to the Union Cemetery property as
described below, in perpetuity, over the east 30 feet of the south 57
feet of the above described property, to the Trinity House Theater,
a non-profit corporation, 38900 Six Mile Road, Livonia, Michigan
48152, upon payment to the City of the statutory minimum bid of
$580 40 (tax-reverted property from 2001), plus accrued taxes paid
by the City for years 2002 to present in the amount of$232 64, plus
an Administrative Services fee in an amount not to exceed
$1,000 00, with the understanding that the property will revert back
to the City if the property were no longer used exclusively for non-
profit theater/musical activities, FURTHER, that the Trinity House
Theater shall assist the City of Livonia in maintaining the Union
Cemetery grounds at its expense
FURTHER, the City of Livonia hereby retains the ownership in fee of the
cemetery property, more particularly described as follows
LEGAL DESCRIPTION FOR UNION CEMETERY
Part of the Southwest 1/4 of Section 7, T1 S , R 9 E , City of
Livonia, Wayne County, Michigan, described as beginning at a
point distant Due East 1322 22 feet and N 00°32'50" W , 117 00
feet from the Southwest corner of said Section 7 and proceeding
thence N 00°32'50" W , 180 00 feet, thence Due East 165 00 feet;
thence S 00°32'50" E , 180 00 feet, thence Due West 39 0 feet,
thence N 00°32'50" W , 62 00 feet, thence Due West 54 00 feet,
thence S 00°32'50" E , 62 00 feet; thence Due West 72 00 feet to
the point of beginning containing 0 605 acres
FURTHER, the Department of Law is hereby requested to prepare and
place in proper legal form all documents necessary to consummate this
transaction, and the Mayor and City Clerk are hereby authorized to
Regular Meeting of December 20, 2004 34944
execute these documents on behalf of the City of Livonia and to do all
other things necessary or incidental to the full performance of this
resolution
Norman Hyman, attorney, spoke on behalf of the Trinity House Theater,
and confirmed that the theater is willing to assist in the care of the Union Cemetery
Kathy Kitzmann, president of Trinity House Theater, confirmed that the
theater would assist the City of Livonia in maintenance of the Union Cemetery
Councilmember Knapp gave first reading to the following
Ordinance
AN ORDINANCE AMENDING SECTION 24 OF THE ZONING
MAP OF THE CITY OF LIVONIA AND AMENDING ARTICLE III
OF ORDINANCE NO 543, AS AMENDED, KNOWN AND
CITED AS "THE CITY OF LIVONIA ZONING ORDINANCE" BY
ADDING SECTION 3 THERETO (Petition 2004-09-01-11)
The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in the
Office of the City Clerk and is the same as if word for word repeated herein The above
Ordinance was placed on the table for consideration at the next regular meeting
A communication from Bryan Amann, Brashear, Tangora, Gallagher,
Creighton & Amann, LLP, dated December 20, 2004 re request of Drs Eric and Judith
Zylinski to refer the matter of rezoning and Site Plan Applications for Apple Crest Dental
to the Committee of the Whole, was received and placed on file for the information of
the Council (Petitions 2003-07-01-13 & 2004-10-08-19)
On a motion by Knapp, seconded by Meakin, and unanimously adopted, it
was
CR 585-04 RESOLVED, that having considered a communication from
the City Planning Commission, dated October 3, 2003, which transmits its
resolution 09-130-2003, adopted on September 30, 2003, with regard to
Petition 2003-07-01-13 submitted by Eric D Zylinski, on behalf of Apple
Crest Dental, P L.0 , for a change of zoning located on the north side of
Seven Mile Road between Bethany Road and Victor Parkway (37500
Seven Mile Road) in the Southeast 1/4 of Section 6 from RUFC to OS, the
Regular Meeting of December 20, 2004 34945
Council does hereby determine to refer this matter to the Committee of the
Whole for its report and recommendation
On a motion by Kokenakes, seconded by Meakin, and unanimously
adopted, it was
CR 586-04 RESOLVED, that having considered 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, the Council does hereby refer this
matter to the Committee of the Whole for its report and recommendation
On a motion by Knapp, seconded by Godfroid-Marecki, and unanimously
adopted, it was
CR 587-04 RESOLVED, that having considered a communication from
Jim Barnas, President, Contracting Resources, L L C , dated December 3,
2004, wherein it is requested that Petition 2003-09-01-17, submitted by
Jim Barnas, on behalf of Contracting Resources, L L C , requesting to
rezone property located on the west side of Farmington Road between
Five Mile Road and Lyndon Avenue in the Northeast 1/4 of Section 21
from R-2 to OS, be withdrawn, the Council does hereby determine to take
no further action with respect to this petition based upon the petitioner's
request to withdraw this petition
Councilmember Knapp left the podium at 8 36 p m due to a conflict of interest.
On a motion by Robinson, seconded by Kokenakes, it was
CR 588-04 RESOLVED, that having considered a communication from
the City Planning Commission, dated November 23, 2004, which transmits
its resolution 11-151-2004, adopted on November 16, 2004, with regard to a
request to revise the landscaping for the Shay Estates Cluster Housing
Development, on property located on the south side of Seven Mile Road
between Parklane Drive and Fairway Drive in the Northeast 1/4 of Section
8, in connection with Petition 2000-12-02-37, submitted by Victory Building
Company for the Shay Estates Cluster Housing Development, which
previously received waiver use approval by the City Council on April 4,
2001, pursuant to Council Resolution 215-01, the Council does hereby
Regular Meeting of December 20, 2004 34946
approve the revised Landscaping Plan in connection with Petition 2000-12-
02-37, subject to the following conditions
1 That the Landscape Plan, dated August 30, 2004, submitted by
Sam Baki, is hereby approved and shall be adhered to,
2 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;
3 That all disturbed lawn areas shall be sodded in lieu of
hydroseeding,
4 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
5 That all other conditions imposed by Council Resolution 215-01,
which granted approval for the construction of a planned residential
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 resolution with the following result:
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 40 p m
On a motion by McCann, seconded by Kokenakes, it was
RESOLVED, that having considered a communication from
the City Planning Commission, dated November 23, 2004, which sets forth
its resolution 11-150-2004, adopted on November 16, 2004, with regard to
a request from Schostak Brothers & Company, Inc., on behalf of The
Village Shops of Wonderland West, for a one-year extension of the
approval of Petition 2003-09-08-25 in connection with the approval of all
plans for a proposal to construct an a commercial development on
property located at 30255 Plymouth Road, on the south side of Plymouth
Road between Middlebelt and Merriman Roads in the Northeast '/4 of
Section 35, previously granted in Council Resolution 583-03, the Council
does hereby refer this item to the Committee of the Whole for its report
and recommendation
REVISED - SEE BOLD TYPE
Regular Meeting of December 20, 2004 34947
Council President Taylor passed the gavel to Council Vice-President Meakin at
8 51p m , at which time he spoke in opposition to referring the matter of extending the approval
of all plans for The Village Shops of Wonderland West to the Committee of the Whole (Petition
2003-09-08-25)
Robert Schostak, Schostak Brothers & Company, Inc., spoke in opposition to
referring the matter of extending the approval of all plans for The Village Shops of Wonderland
West to the Committee of the Whole because it would adversely affect possible tenants
(Petition 2003-09-08-25)
Mayor Engebretson spoke in opposition to the referral to the Committee of
the Whole because it would adversely affect the Plymouth Road Corridor, the PRDA, and
the community as a whole.
Councilmember McCann withdrew his motion for placing the matter of extending
the approval of all plans for The Village Shops of Wonderland West to the Committee of the
Whole without additional language addressing this request being held in abeyance until action by
Council (Petition 2003-09-08-25)
On a motion by Knapp, seconded by Robinson, it was
CR 589-04 RESOLVED, that having considered a communication from
the City Planning Commission, dated November 23, 2004, which sets forth
its resolution 11-150-2004, adopted on November 16, 2004, with regard to
a request from Schostak Brothers & Company, Inc , on behalf of The
Village Shops of Wonderland West, for a one-year extension of the
approval of Petition 2003-09-08-25 in connection with the approval of all
plans for a proposal to construct an a commercial development on
property located at 30255 Plymouth Road, on the south side of Plymouth
Road between Middlebelt and Merriman Roads in the Northeast 1/4 of
Section 35, previously granted in Council Resolution 583-03, the Council
does hereby refer this item to the Committee of the Whole for its report
and recommendation, provided, however, that approval or denial of
petitioner's request shall be held in abeyance until a vote of City Council,
and no building permit shall be issued and no construction shall begin until
such decision is made
A roll call vote was taken on the foregoing resolution with the following result.
AYES Kokenakes, Godfroid-Marecki, Robinson and Knapp
NAYS McCann, Taylor and Meakin
The Vice-President declared the resolution duly adopted
Council Vice-President Meakin returned the gavel to Council President Taylor at 9 23
pm
Regular Meeting of December 20, 2004 34948
Fred Hoffman, 235 E Main Street, Northville, 48167, spoke to the Council
re his opposition to the proposed resolution which removes four parking spaces just
south of the east (main) entrance to Joe's Produce at 33152 Seven Mile Road and
replacing these with landscaping (Petition 2004-11-08-20)
On a motion by Kokenakes, seconded by Robinson, it was
RESOLVED, that having considered a communication from
the City Planning Commission, dated December 3, 2004, which transmits
its resolution 11-154-2004, adopted on November 30, 2004, with regard
to Petition 2004-11-08-20 submitted by Joe's Produce, requesting site
plan approval in connection with a proposal to construct an addition to,
and renovate the exterior of, the commercial building located at 33152
Seven Mile Road, on the north side of Seven Mile Road between
Farmington Road and Mayfield Avenue in the Southwest 1/4 of Section 3,
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 2004-11-08-20
is hereby approved and granted, subject to the following conditions
1 That the Site Plan marked C101 prepared by Cubellis Associates,
as received by the Planning Commission on November 3, 2004, is
hereby approved and shall be adhered to, subject to the removal of
four parking spaces just south of the east (main) entrance to the
store, which shall be replaced with landscaping,
2 That the Landscape Plan marked C201 prepared by Cubellis
Associates, as received by the Planning Commission on November
3, 2004, 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,
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 A201 and A202
prepared by Cubellis Associates, as received by the Planning
Commission on November 3, 2004, are hereby approved and shall
be adhered to,
Regular Meeting of December 20, 2004 34949
7 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,
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 petitioner shall secure the necessary storm water
management permits from Wayne County, the City of Livonia,
and/or the State of Michigan,
10 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;
11 That the signage shown on the approved elevation plans is hereby
approved and shall be adhered to, and that any additional signage
shall be separately submitted for review and approval by the
Planning Commission and City Council,
12 That no LED lightband or exposed neon shall be permitted on this
site, including but not limited to, the building or around the windows,
13 That this approval is subject to the petitioner being granted a
variance from the Zoning Board of Appeals for adding on to a
nonconforming building and excessive signage and any conditions
related thereto, and
14 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:
AYES Kokenakes and Robinson
NAYS Meakin, Godfroid-Marecki, McCann, Knapp and Taylor
The President declared the resolution failed
On a motion by Meakin, seconded by Godfroid-Marecki, and unanimously
adopted, it was
Regular Meeting of December 20, 2004 34950
CR 590-04 RESOLVED, that having considered a communication from
the City Planning Commission, dated December 3, 2004, which transmits
its resolution 11-154-2004, adopted on November 30, 2004, with regard
to Petition 2004-11-08-20 submitted by Joe's Produce, requesting site
plan approval in connection with a proposal to construct an addition to,
and renovate the exterior of, the commercial building located at 33152
Seven Mile Road, on the north side of Seven Mile Road between
Farmington Road and Mayfield Avenue in the Southwest 1/4 of Section 3,
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 2004-11-08-20
is hereby approved and granted, subject to the following conditions
1 That the Site Plan marked C101 prepared by Cubellis Associates,
as received by the Planning Commission on November 3, 2004, is
hereby approved and shall be adhered to,
2 That the Landscape Plan marked C201 prepared by Cubellis
Associates, as received by the Planning Commission on November
3, 2004, 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,
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 A201 and A202
prepared by Cubellis Associates, as received by the Planning
Commission on November 3, 2004, are hereby approved and shall
be adhered to,
7 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,
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,
Regular Meeting of December 20, 2004 34951
9 That the petitioner shall secure the necessary storm water
management permits from Wayne County, the City of Livonia,
and/or the State of Michigan,
10 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;
11 That the signage shown on the approved elevation plans is hereby
approved and shall be adhered to, and that any additional signage
shall be separately submitted for review and approval by the
Planning Commission and City Council,
12 That no LED lightband or exposed neon shall be permitted on this
site, including but not limited to, the building or around the windows,
13 That this approval is subject to the petitioner being granted a
variance from the Zoning Board of Appeals for adding on to a
nonconforming building and excessive signage and any conditions
related thereto, and
14 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 McCann, seconded by Meakin, and unanimously adopted,
it was
CR 591-04 RESOLVED, that having considered a communication from
the City Planning Commission, dated December 3, 2004, which transmits
its resolution 11-155-2004, adopted on November 30, 2004, with regard to
Petition 2004-11-08-21 submitted by Ground Round, requesting site plan
approval in connection with a proposal to renovate the exterior of the
restaurant located at 17050 Laurel Park Drive South, on the south side of
Six Mile Road between Newburgh Road and the 1-275/96 Expressway in
the Northeast % of Section 18, 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 2004-11-08-21 is hereby approved and granted, subject to the
following conditions.
1 That the Exterior Building Elevation Plans marked A-2 and A-3 all
dated December 2, 2004, as revised, prepared by Lamarand
Design & Build Corporation, are hereby approved and shall be
adhered to,
Regular Meeting of December 20, 2004 34952
2 That the Exterior Building Elevation Plans marked A-1 and A-4
dated December 2, 2004, as revised, prepared by Lamarand
Design & Build Corporation, are hereby approved and shall be
adhered to,
3 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;
4 That the signage shown on the approved elevation plans are
hereby approved and shall be adhered to, and any additional
signage shall be separately submitted for review and approval by
the Planning Commission and City Council,
5 That this approval is subject to the petitioner being granted a
variance from the Zoning Board of Appeals for excessive signage
and any conditions related thereto,
6 That no LED lightband or exposed neon shall be permitted on this
site, including but not limited to, the building or around the windows,
and
7 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 McCann, and unanimously adopted,
it was
CR 592-04 RESOLVED, that having considered a communication from
the Director of Community Resources, dated November 30, 2004, which
bears the signature of the Director of Finance and is approved for
submission by the Mayor, the Council does, for and on behalf of the City
of Livonia, accept the donation of Farmer Jack food certificates in the total
amount of $500 00 from the Kiwanis Early Risers to the Community
Resources Department to be used as indicated in the aforesaid
communication
During the audience communication portion of the agenda, Kathleen
Kitzmann, President of Trinity House Theater, thanked Councilmembers for their time
spent on the Trinity House Theater matter and for their decision at this evening's
meeting She also thanked the residents for their overwhelming support, and expressed
her excitement on moving forward with the theater activities and to serving the
community
Regular Meeting of December 20, 2004 34953
Council President Taylor wished everyone "Happy Holidays", "Merry
Christmas" and "Happy New Year"
On a motion by McCann, seconded by Meakin, and unanimously adopted,
this 1,527th Regular Meeting of the Council of the City of Livonia was adjourned at
9 33 p m , December 20, 2004
Val Vandersloot, City Clerk