HomeMy WebLinkAboutCOUNCIL MINUTES 2004-07-21 34726
MINUTES OF THE ONE THOUSAND FIVE HUNDRED SEVENTEENTH
REGULAR MEETING OF JULY 21, 2004
On July 21, 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 Councilmember Godfroid-Marecki delivered the invocation
Roll was called with the following result: Terry Godfroid-Marecki, James
McCann, Thomas Robinson, Donald Knapp, Brian Meakin, Frank J Kokenakes 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, Jim Zoumbaris,
Superintendent of Public Service and Dan Putman, Director of Information Systems
On a motion by Knapp, seconded by Meakin, and unanimously adopted, it
was
CR 314-04 RESOLVED, that the minutes of the 1,516th Regular Meeting
of the Council held July 7, 2004 are hereby approved as submitted
During the audience communication portion of the agenda,
Councilmember McCann read a Proclamation from the Offices of the Mayor and City
Council declaring the celebration of National Clown Week in the City of Livonia from
August 1 through August 7, 2004, and recognizing the "Clowns around Redford" for
their numerous civic and charitable activities
Council President Taylor presented a Certificate of Commendation to
Daniel R Andrew, recognizing him for his many years of service on the City of Livonia
Zoning Board of Appeals Mr Andrew thanked the Council for this recognition on behalf
of himself and his family
Dan Putman, 20387 Pollyanna, Livonia, representing Emmanuel Lutheran
Church, requested permission of the Council to post signs for the church's upcoming
Rummage Sale on August 20 and 21
Regular Meeting of July 21, 2004 34727
On a motion by Knapp, seconded by Godfroid-Marecki, and unanimously
adopted, it was
CR 315-04 RESOLVED, that having considered a letter from Judy Cook,
Family Ministry and Youth Coordinator, dated July 13, 2004, which
requests permission to display signs announcing Emmanuel Lutheran
Church's Rummage Sale to be held on Friday, August 20, 2004 and
Saturday, August 21, 2004, which signs will be displayed at various
locations in the City from Friday, August 13, 2004 through Sunday, August
22, 2004, the Council does hereby grant and approve this request in the
manner and form herein submitted
Council President Taylor noted that an additional resolution needed to be
adopted relative to waiver use Petition 2004-04-02-18 submitted by ACO Hardware so
as to allow the petitioner to "also" display bagged landscape materials, concrete, mulch,
dirt and like products
On a motion by Knapp, seconded by Robinson, and unanimously adopted,
it was
CR 316-04 RESOLVED, that having considered the report and
recommendation of the City Planning Commission, dated May 12, 2004,
and in connection with the approval of waiver use Petition 2004-04-02-18,
submitted by ACO Hardware for outside display and sales of merchandise
in connection with a hardware business located at 29567 Five Mile Road,
on the south side of Five Mile Road between Middlebelt Road and
Beatrice Avenue in the Northeast 1/4 of Section 23, which property is zoned
C-2, the Council does hereby waive the requirement set forth in Section
11 03(L)(1)(d) of Zoning Ordinance No 543, as amended, which limits
retail sales and/or display taking place on any walkway providing
pedestrian access to the adjacent building to bedding plants, (flowers and
vegetables) and potted shrubs, accordingly, the display on the sidewalk of
bagged landscape materials, concrete, mulch, dirt and like products shall
be allowed in connection with the approval of waiver use Petition 2004-04-
02-18
Council President Taylor announced that Public Hearings for the following
items would be held on Wednesday, September 1, 2004 at 7.00 P M , in the Auditorium
of the Livonia City Hall, 33000 Civic Center Drive, Livonia, MI
1. Petition 2004-05-01-06 submitted by Schafer Development, LLC,
on behalf of Elaine J Beresh, requesting to rezone property at 29650
St. Martins, located on the north side of St. Martins Avenue between
imi•
Regular Meeting of July 21, 2004 34728
Middlebelt Road and Melvin Avenue in the Southeast 1/4 of Section 2
from RUFA and R-1 to RC
2. Petition 2004-06-01-07 submitted by Thomas Raupp requesting to
rezone property at 14030 Farmington Road, located on the east side of
Farmington Road between Schoolcraft Road and Summers Avenue in
the Southwest 1/4 of Section 22 from RUF to OS
3. Petition 2004-06-01-08 submitted by Afram Sabbagh requesting to
rezone property at 16800 Middlebelt, located on the east side of
Middlebelt Road between Six Mile Road and Grove Avenue in the
Northwest 1/4 of Section 13 from RUF to C-1
At the direction of the Chair, Item No 24 was removed from the Consent
Agenda
On a motion by Kokenakes, seconded by Knapp, it was
CR 317-04 RESOLVED, that having considered an application from
Gisele T Sidor, 36026 Dover, dated June 15, 2004, requesting permission
to close Dover between Crown and Linville on Saturday, August 28, 2004,
from 9-00 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, August 29, 2004, in the
event of inclement weather, the action taken herein being made subject to
the approval of the Police Department.
CR 318-04 RESOLVED, that having considered an application from Lisa
Damico, 33024 Martin, dated June 14, 2004, requesting permission to
close Martin between Loveland and Westmore on Saturday, August 14,
2004, from 2 00 p m to 10 00 p m for the purpose of conducting a block
party, the Council does hereby grant permission as requested, the action
taken herein being made subject to the approval of the Police Department.
CR 319-04 RESOLVED, that having considered an application from
Marjory Cooper, 8887 Parkside Drive, dated June 25, 2004, requesting
permission to close Trillium Court, west of Parkside Drive on Saturday,
August 28, 2004, from 5-00 p m to 10 00 p m for the purpose of
conducting a block party, the Council does hereby grant permission as
requested, the action taken herein being made subject to the approval of
the Police Department.
CR 320-04 RESOLVED, that having considered an application from
Kristin Cable, 9851 Fremont, dated June 28, 2004, requesting permission
to close Fremont Street between Orangelawn and Robert Drive on
Saturday, August 28, 2004, from 1000 am to 10 00 p m for the purpose
Regular Meeting of July 21, 2004 34729
of conducting a block party, the Council does hereby grant permission as
requested, including therein permission to conduct the said affair on
Saturday, September 18, 2004, in the event of inclement weather, the
action taken herein being made subject to the approval of the Police
Department.
CR 321-04 RESOLVED, that having considered an application from
Raymond Sochalski, 34180 Parkdale, dated June 30, 2004, requesting
permission to close Parkdale Court at Parkdale Avenue on Saturday,
August 14, 2004, from 3 00 p m to 10 00 p m for the purpose of
conducting a block party, the Council does hereby grant permission as
requested, including therein permission to conduct the said affair on
Saturday, September 11, 2004, in the event of inclement weather, the
action taken herein being made subject to the approval of the Police
Department.
CR 322-04 RESOLVED, that having considered an application from Jim
and Linda Rumrill, 14406 Brentwood, dated June 30, 2004, requesting
permission to close Brentwood between Jacquelyn and Meadowlark on
Saturday, August 21, 2004, from 1 00 pm to 10 00 pm 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, August 22, 2004, in the event of inclement weather, the action
taken herein being made subject to the approval of the Police Department.
CR 323-04 RESOLVED, that having considered an application from
Shawn Staff, 14103 Blackburn, dated July 1, 2004, requesting permission
to close Blackburn between Perth and Scone on Saturday, August 21,
2004, from 12 00 noon to 10 00 p m for the purpose of conducting a block
party, the Council does hereby grant permission as requested, the action
taken herein being made subject to the approval of the Police Department.
CR 324-04 RESOLVED, that having considered a letter from Stephanie
Skaggs, Chairperson, St. Aidan Church Craft Show, dated June 17, 2004,
which requests permission to display signs announcing St. Aidan's 21st
Annual Craft Show to be held on Saturday, October 16, 2004, which signs
are to be 18" x 24" in size and which will be displayed at various locations
in the City from Sunday, October 10, 2004 through Sunday, October 17,
2004, the Council does hereby grant and approve this request in the
manner and form herein submitted
CR 325-04 RESOLVED, that having considered a letter from Freddy E.
Sackllah, Festival Committee Member, Sackllah & Associates, PLLC,
dated June 29, 2004, which requests permission to waive the noise
ordinance in connection with St. Mary's Antiochian Orthodox Church's
Annual Community Festival, on Friday, August 13, 2004 from 4 00 p.m to
Regular Meeting of July 21, 2004 34730
10 00 p m , Saturday, August 14, 2004 from 10 00 a.m. to 10.00 p.m. and
Sunday, August 15, 2004 from 12.00 noon until TOO p m , which festival
will include food, dance, crafts, games and live music, the Council does
hereby grant and approve this request in the manner and form herein
submitted, subject to the following conditions
• Signs announcing the event, which are to be approximately 24" x 24"
in size and displayed at various locations in the City, shall be
installed no earlier than Friday, August 6, 2004 and removed no later
than Monday, August 16, 2004,
• Music shall end at 10.00 p m , and
• Four security guards, one reserve officer and portable restrooms will
be provided during the event.
CR 326-04 RESOLVED, that having considered a communication from
the Council President and the Director of Legislative Affairs, dated June 8,
2004, which bears the signature of the Director of Finance, the Council
does hereby approve of an extension of the current contract between the
City of Livonia and MAT Court Recording & Court Services, 6225 Ardmore
Park Circle, Dearborn Heights, Michigan 48127, to provide recording and
transcription services for the City of Livonia Zoning Board of Appeals
meetings for the period December 1, 2004, through November 30, 2007,
at the rate of $20 00 per hour ($3 00 per page for transcription) for the
period December 1, 2004 through November 30, 2005, $20 00 per hour
($3 05 per page for transcription) for the period December 1, 2005 through
November 30, 2006, $22 00 per hour ($3 05 per page for transcription) for
the period December 1, 2006 through November 30, 2007, and $3.25 per
page for expedited requests for transcription, from funds already budgeted
for this purpose in Account No 101-815-818-000 (Contract Services); 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 company and to do
all things necessary or incidental to the full performance of this resolution,
FURTHER, the Council does hereby authorize the action herein without
competitive bidding in accordance with Section 3 04 140D4 of the Livonia
Code of Ordinances, as amended
CR 327-04 RESOLVED, that having considered a letter from James T
Bilicki, Benner, Bilicki & Remick, dated July 1, 2004, requesting that
Council Resolution 157-99 be amended, to delete the portion with regard
to a variance by the Zoning Board of Appeals in order for the property to
be sold, the Council does hereby amend and revise Council Resolution
157-99 to read as follows
Regular Meeting of July 21, 2004 34731
RESOLVED, that having considered a communication from the City
Assessor, dated February 18, 1999, approved for submission by the
Mayor, with regard to a request from Mr and Mrs Ronald Lamerand,
39115 Plymouth, Livonia, Michigan 48150, represented by James T
Bilicki, Benner and Bilicki, 39319 Plymouth Road, Suite 8, Livonia,
Michigan 48150, and in accordance with the provisions of 1967 PA
288, as amended, as well as Section 18 46 of Ordinance 543, as
amended, the Council does hereby approve of the proposed division
and combination of Tax Item Nos 46-119-99-0027-000, 46-119-99-
0028-001 and 46-119-99-0028-002 into two (2) parcels, the legal
descriptions of which shall read as follows
PARCEL 1:
Part of the Southwest 1/4 of Section 30, T 1 S , R. 9 E , City
of Livonia, Wayne County, Michigan, described as
Commencing at the intersection to the west line of said
Section 30 with the centerline of Plymouth Road (66 feet
wide), thence S 74°36'40" E 605 47 feet along said centerline
to the Point of Beginning, thence continuing S 74°36'40" E
182 63 feet along said centerline, thence S 15°23'20" W
185 00 feet; thence S 74°36'40" E 229 50 feet; thence S
16°59'46" W 393 86 feet; thence N 73°38'55" W 242 96 feet;
and thence due north 596 00 feet to the Point of Beginning
Containing 3 38 acres of land, more or less Subject to the
rights of the public over the northerly 33 feet for Plymouth
Road (66 feet wide) Also subject to any and all easements or
rights of way of record, if any
PARCEL 2.
Part of the Southwest 1/4 of Section 30, T 1 S , R 9E , City
of Livonia, Wayne County, Michigan, described as
Commencing at the intersection of the west line of said
Section 30 with the centerline of Plymouth Road (66 feet
wide), thence S 74°36'40" E 1023 60 feet along said
centerline to the Point of Beginning, thence continuing S
74°36'40" E 33 33 feet along said centerline, thence due
south 603 90 feet; thence N 73°38'55" W 210 66 feet; thence
N 16°59'46" E 393 86 feet; thence S 74°36'40" E 6 00 feet;
and thence N 15°23'20" E 185 00 feet to the Point of
Beginning Containing 1 61 acres of land, more or less
Subject to the rights of the public over the northeasterly 33
feet for Plymouth Road Also subject to any and all
easements or rights of way of record, if any
Regular Meeting of July 21, 2004 34732
as shown on the map attached to the aforesaid communication which is
made a part hereof by reference, and the City Clerk is hereby requested to
cause a certified copy of this resolution to be recorded in the Office of the
Wayne County Register of Deeds.
A communication from the Traffic Commission and the Traffic
Improvement Association (TIA), dated June 24, 2004 and Jun 10, 2004, respectively, -
Administrative Response - re the subject of a new curb cut from Six Mile Road into the
Red Robin Restaurant property was not necessary, was received and placed on file for
the information of the Council (CR 197-04) (Petition 2003-04-02-09)
CR 328-04 RESOLVED, that having considered the report and
recommendation of the Information Systems Director and the Director of
Finance, dated June 22, 2004, approved for submission by the Mayor, the
Council does hereby accept the bid of Hewlett Packard, using the
Company Analysts International, 10810 Farnam Drive, Omaha, Nebraska
68154, for the purchase of four replacement servers for City Hall for the
total cost of $17,323 25, and the purchase of four replacement servers for
the Library for the total cost of $23,195.20, the same having been in fact
the lowest bid which meets specifications, FURTHER, the Council does
hereby authorize the purchase of Microsoft Licensing for the Library in the
amount of $410 00 from Analysts International, 3252 University Drive,
Auburn Hills, Michigan 48326, FURTHER, the Council does hereby
authorize the expenditure of $17,323 25 from funds already budgeted in
Account No 401-000-986-000 and the amount of $23,605.20 from funds
already budgeted in Account No 271-738-983-000 for this purpose
A communication from the Office of the City Clerk, dated July 1, 2004, re
2004-05 school year tax rates for Livonia Public Schools as approved by the Livonia
Board of Education on June 21, 2004, was received and placed on file for the
information of the Council
CR 329-04 RESOLVED, that having considered the report and
recommendation of the Director of Public Works, dated July 1, 2004,
which bears the signature of the Director of Finance and is approved for
submission by the Mayor, the Council does hereby approve an extension
to the existing contract authorized in Council Resolution 555-03, with
Greener Still, Inc , 14999 Kinloch, Redford, Michigan 48239, for
completing all work required in connection with the additional removal of
Regular Meeting of July 21, 2004 34733
802 trees and 791 stumps (as part of the City's 2004 Extended Tree and
Stump Removal Program) for an estimated cost of$249,227 00, the same
based upon the original unit prices bid, FURTHER, the Council does
t„„ hereby authorize an expenditure in the estimated amount of $249,227 00
from funds already budgeted in Account No 205-527-818-045
(Contractual Services - Forestry) for this purpose, and the Director of
Public Works is hereby authorized to approve minor adjustments in the
work as it becomes necessary; and the Mayor and City Clerk are hereby
authorized to execute a contract amendment for and on behalf of the City
of Livonia with the aforesaid company and to do all other things necessary
or incidental to the full performance of this resolution
CR 330-04 RESOLVED, that having considered an application from
Stacie Pettit and Kathy Barclay, 8937 Louisiana, dated July 7, 2004,
requesting permission to close Louisiana between Oregon and Kentucky
on Saturday, August 14, 2004, from 3 00 p m to 10 00 p m for the
purpose of conducting a block party, the Council does hereby grant
permission as requested, the action taken herein being made subject to
the approval of the Police Department.
CR 331-04 RESOLVED, that Leo Soave Building, Inc , as proprietor,
having requested the City Council approve the proposed Boulder Pines
East and West Condominium Development in the Northeast 1/4 and
Northwest 1/4 of Section 10 of the City of Livonia (hereafter the
"Condominium"), and it further appearing that approval of the site plans for
the Condominium was given by the City Planning Commission on July 22,
2003, and by the City Council on September 10, 2003, and it further
appearing the such site plans, together with Development Plans and
Specifications for Improvements have been examined and approved by
the Department of Public Works as set forth in the report of that
Department dated June 10, 2004, and the City Council having approved
the Master Deeds on September 10, 2003, in Council Resolutions 477-03
and 478-03, therefore, the City Council does hereby establish the
following requirements
(1) All of the improvements, utilities and grading shall be constructed,
installed and accomplished in conformity with the provisions of the
ordinances of the City of Livonia, and the regulations and
specifications of the Department of Public Works and the
Development Plans submitted by the proprietor and approved by
such Department; all such improvements to be constructed, installed,
accomplished and completed within a period of two (2) years from
the effective date of this resolution, failing this, the approval
contained herein shall be considered null, void and of no effect
whatsoever;
Regular Meeting of July 21, 2004 34734
(2) That all inspection fees and other charges due to the City of Livonia
shall be fully paid at the time and in the manner provided in the said
ordinance provisions,
(3) That the installation of all such improvements shall be subject at all
times to the supervision and inspection and final approval of the
Department of Public Works, and such improvements shall not be
considered as having been satisfactorily and completely installed
until there is filed with the City Council the certificate as provided in
such ordinance provisions,
(4) That the proprietor enter into an agreement with the City of Livonia
agreeing to construct, within the prescribed period of time and in the
prescribed manner, all improvements required to the extent required
by the City of Livonia and as shown on the approved Development
Plans,
(5) That as a condition of obtaining final approval of the Master Deeds
prior to the completion of all required improvements, the proprietor
shall file with the City of Livonia a corporate surety bond, certified
check, cash bond, irrevocable letter of credit, or other financial
assurance in such form as may be approved by the Department of
Law guaranteeing the satisfactory installation of all such
improvements, utilities and grading by the proprietor within the
prescribed period in the following amounts
(a) General Improvement Bond $65,000 00
($ 7,000 00 minimum cash)
(b) Sidewalk Bond $0
(c) Grade & Soil Erosion
Control Bond $ 2,000 00 (all cash)
(d) Landscape/Entrance Markers $ 0
and require cash payments in addition to the above amounts, in the
total amount of$3,755 00
(6) 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 condominium development;
and
Regular Meeting of July 21, 2004 34735
(7) That the distribution lines for telephones and electric service are to
be placed underground and ornamental streetlights are to be
provided throughout the condominium development in accordance
with City ordinances
CR 332-04 RESOLVED, that having considered the report and
recommendation of the Director of Public Works and the City Engineer,
dated June 10, 2004, approved for submission by the Mayor, with regard
to the elimination of the sidewalk requirement for the Boulder Pines East
and West Condominiums, the Council does hereby amend and revise
Council Resolution 477-03 to read as follows
RESOLVED, that having considered a communication from the City
Planning Commission, dated July 24, 2003, which transmits its
resolution 07-111-2003, adopted on July 22, 2003, with regard to
the request submitted by Leo Soave, on behalf of Boulder Pines
West, for approval of the Master Deed, bylaws and Site Plan in
connection with Petition 2003-07-08-17, for the construction of
Phase II of a condominium development (Boulder Pines West)
located on the south side of Seven Mile Road between Merriman
Road and Brookfield Avenue in the North 1/2 of Section 10,
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 the Master Deed
and bylaws and Site Plan in connection with Petition 2003-07-08-17
are hereby approved and granted, subject to the following
conditions
1 That the Master Deed complies with the requirements of
the Subdivision Control Ordinance, Title 16, Chapter 16 04
- 1640 of the Livonia Code of Ordinances, and Article XX,
Section 20 01-20 06 of Zoning Ordinance #543, except for
the fact the following shall be incorporated,
• That the first floor of each condominium unit shall be
brick or stone, on all four sides, and the total amount
of brick or stone on each two-story unit shall not be
less than 65% and not less than 80% on one-story
dwellings,
2 That the petitioner shall include language in the Master Deed
or 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
Regular Meeting of July 21, 2004 34736
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
by the City of Livonia,
3 That the brick used in the construction of each condominium
unit shall be full face four (4) inch brick, no exceptions,
4 That the petitioner shall include language in the Master Deed
or a separate recordable instrument establishing a cross
access agreement between this development and the adjacent
developments that are being developed in relationship to this
phase,
5 That the Site Plan marked Sheet 1 dated 6/26/03 prepared by
Arpee/Donnan, Inc., is hereby approved and shall be adhered
to,
6 That the Site Plan referenced in this approving resolution shall
be submitted to the Inspection Department at the time the
building permits are applied for;
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; and
8 That the petitioner shall comply with the stipulations listed in
the correspondence dated July 18, 2003, from the Division of
Police of the Department of Public Safety
• Install street lighting to enhance traffic safety and to promote
crime prevention
• Install a stop sign for southbound traffic at the intersection
CR 333-04 RESOLVED, that having considered the report and
recommendation of the Director of Public Works and the City Engineer,
dated June 10, 2004, approved for submission by the Mayor, with regard
to the elimination of the sidewalk requirement for the Boulder Pines East
and West Condominiums, the Council does hereby amend and revise
Council Resolution 478-03 to read as follows
Regular Meeting of July 21, 2004 34737
RESOLVED, that having considered a communication from the
City Planning Commission, dated July 24, 2003, which transmits
its resolution 07-112-2003, adopted on July 22, 2003, with
regard to the request submitted by Leo Soave, on behalf of
Boulder Pines East, for approval of the Master Deed, bylaws
and Site Plan in connection with Petition 2003-07-08-18, for the
construction of Phase Ill of a condominium development
(Boulder Pines East) located on the south side of Seven Mile
Road between Merriman Road and Brookfield Avenue in the
North 1/2 of Section 10, 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 the Master Deed and bylaws and Site Plan in
connection with Petition 2003-07-08-18 are hereby approved
and granted, subject to the following conditions
1 That the Master Deed complies with the requirements of
the Subdivision Control Ordinance, Title 16, Chapter 16 04
- 16 40 of the Livonia Code of Ordinances, and Article XX,
Section 20 01-20 06 of Zoning Ordinance #543, except for
the fact the following shall be incorporated,
• That the first floor of each condominium unit shall be
brick or stone, on all four sides, and the total amount
of brick or stone on each two-story unit shall not be
less than 65% and not less than 80% on one-story
dwellings,
2 That the petitioner shall include language in the Master
Deed or 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 by the City of Livonia,
3 That the brick used in the construction of each
condominium unit shall be full face four (4) inch brick, no
exceptions,
4 That the petitioner shall include language in the Master
Deed or a separate recordable instrument establishing a
cross access agreement between this development and
Regular Meeting of July 21, 2004 34738
the adjacent developments that are being developed in
relationship to this phase,
5 That the Site Plan marked Sheet 1 dated 6/26/03 prepared
by Arpee/Donnan, Inc., is hereby approved and shall be
adhered to,
6 That the Site Plan referenced in this approving resolution
shall be submitted to the Inspection Department at the time
the building permits are applied for;
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; and
8 That the petitioner shall comply with the stipulations listed
in the correspondence dated July 18, 2003, from the
Division of Police of the Department of Public Safety.
• Install street lighting to enhance traffic safety and to
promote crime prevention
• Install a stop sign for southbound traffic at the
intersection
CR 334-04 WHEREAS, Chapter 7 of the Wayne County Storm Water
Management Ordinances, Enrolled Ordinance No 200-652 (October 23,
2000) ("Wayne County Ordinance"), requires storm water management
systems to be maintained in perpetuity to ensure that the systems function
properly as designed,
WHEREAS, Rule 801 of the Wayne County Storm Water Management
Administrative Rules ("Administrative Rules") requires applicants for storm
water construction approval to submit long-term maintenance plans as
part of an application for storm water construction approval,
WHEREAS, S & N Development Company, LLC ("Developer") has applied
to the Wayne County Department of Public Services for a storm water
construction approval with respect to a project named Victor Park Office
Plaza #2 ("Project") located on the north side of Seven Mile Road, east of
Victor Parkway (37640 Seven Mile Road) in the City of Livonia,
Regular Meeting of July 21, 2004 34739
WHEREAS, Developer's application for storm water construction approval
has been assigned permit review number R03-637,
WHEREAS, Developer submitted a plan to the County and City of Livonia
entitled Storm Maintenance Schedule ("Plan") for long-term maintenance
of the storm water management system(s) at the Project pursuant to Rule
801, which plan has been tentatively approved by the County pending
issuance of this resolution and has been accepted by the City of Livonia,
and
WHEREAS, the City of Livonia has agreed to assume jurisdiction and
accept responsibility for long-term maintenance of storm water
management system(s) at the Project in perpetuity;
NOW THEREFORE BE IT RESOLVED, that the City of Livonia assumes
jurisdiction over and accepts responsibility for long-term maintenance of
storm water management system(s) at the Project pursuant to the Wayne
County Ordinance, the Administrative Rules, the Plan, and the storm
water construction approval issued by Wayne County;
BE IT FURTHER RESOLVED that approval be and is hereby granted,
authorizing the City Engineer to execute, on behalf of the City of Livonia,
Permit No R03-637 for long-term maintenance of storm water
management system issued by Wayne County for the Project; and the
thw City Clerk is hereby requested to forward a certified copy of this resolution
to the Wayne County Department of Public Services
CR 335-04 RESOLVED, that having considered the report and
recommendation of the City Engineer and the Director of Public Works,
dated June 9, 2004, which bears the signature of the Director of Finance
and is approved for submission by the Mayor, in connection with Council
Resolution 750-01, adopted on December 3, 2001, the Council does
hereby accept the unit price bid of Mago Construction, Inc., 1284 Parks
Road, Oakland, Michigan 48363, for completing all work required in
connection with the 2004 Fremont Avenue Sanitary Sewer Extension,
south of Norfolk, (Contract 04-F), in the City of Livonia for the estimated
total cost of $132,002 50, based on the Engineering Division's estimate of
units of work involved and subject to the final payment based on the actual
units of work as constructed in accordance with the unit prices accepted
herein, said estimated cost and unit prices having been in fact the lowest
bid received for this item, and the Council does hereby appropriate and
authorize an expenditure in an amount of $132,002 50 from the proceeds
of the 2002 Water and Sewer Revenue Bond Issue for this purpose, and
the City Engineer is hereby authorized to approve any minor adjustments
in the work as completed, and the Mayor and City Clerk are hereby
authorized to execute a contract for and on behalf of the City of Livonia
REVISED CR 336-04 SEE BOLD TYPE
Regular Meeting of July 21, 2004 34740
with the aforesaid bidder and to do all other things necessary or incidental
to the full performance of this resolution
CR 336-04 RESOLVED, that having considered the report and
recommendation of the City Engineer, dated July 1, 2004, which bears the
signature of the Director of Finance, is approved by the Director of Public
Works and is approved for submission by the Mayor, regarding additional
work in connection with the 2004 Concrete Paving
Rehabilitation/Reconstruction Program (Contract 04-C), previously
approved in Council Resolution 191-04, to amend the method of repair on
Blackburn, Delaware, Fredrick, West Chicago, Capitol, Lyndon, Brookview
and Burton Lane to a more cost effective rehabilitation technique and to
.add slab replacement on short segments of two additional street
(Brookview and Burton Lane), the Council does hereby approve the
additional work to be added to the existing contract between the City of
Livonia and Major Cement Company, P 0 Box 23740, Detroit,
Michigan, 48223, in the amount of $102,656 97, FURTHER, the Council
does hereby appropriate and authorize an expenditure in an amount not to
exceed $102,656 97 from the Unexpended Fund Balance of the Road,
Sidewalk and Tree Fund for this purpose
A communication from Bill Craig, 20050 Milburn Street, Livonia, 48152,
dated July 4, 2004, re his concerns relative to the enforcement of soil erosion and
sedimentation control in Livonia, was received and placed on file for the information of
the Council
CR 337-04 RESOLVED, that having considered the report and
recommendation of the City Engineer, dated June 11, 2004, which bears
the signature of the Director of Finance, is approved by the Director of
Public Works and is approved for submission by the Mayor, the Council
does hereby accept the proposal submitted by Orchard, Hiltz &
McCliment, 34000 Plymouth Road, Livonia, Michigan 48150, to provide a
Soil Erosion and Sedimentation Control Consultant to supplement in-
house staff to provide the number and level of inspections required by
State law through November, 2004, for an amount not to exceed
$14,720 00 (based on 20 hours per week), FURTHER, the Council does
hereby authorize an expenditure in the amount of $14,720 00 from
Account No 101-441-818-005 (Contractual Services - Consultant) for this
purpose, and the Mayor and City Clerk are hereby authorized to execute a
contract for and on behalf of the City of Livonia with the aforesaid
company and to do all other things necessary or incidental to the full
performance of this resolution
Regular Meeting of July 21, 2004 34741
A communication from Mr and Mrs Centers, 20180 Westmore, 48152,
dated July 8, 2004, re their support for a greenbelt to be located at 20200-20246
Farmington Road, was received and placed on file for the information of the Council
(Petition 2004-01-GB-02)
CR 338-04 RESOLVED, that having considered a communication from
the City Planning Commission, dated June 22, 2004, which transmits its
resolution 06-88-2004 adopted on June 15, 2004, with regard to Petition
2004-01-GB-02, submitted by Pinebrooke Partners, on behalf of
Pinebrooke Office Park, requesting approval to substitute a greenbelt for
the protective wall as outlined in Section 18 45 of Zoning Ordinance No
543, as amended, for property located at 20200-20246 Farmington Road,
between Norfolk and Eight Mile Road in the Northwest 1/4 of Section 3,
the Council does hereby concur in the recommendation of the Planning
Commission and Petition 2004-01-GB-02 is hereby approved and granted,
subject to the following conditions
1 That the landscaped greenbelt along the east property line, as
shown on the plan received by the Planning Commission on
January 8, 2004, is hereby accepted and shall be substituted for
the protective wall required by Section 18 45 of the Zoning
Ordinance,
2 That using a combination of tree species, along with other
landscape materials, not only provides a superior buffer but also
contributes to the site's aesthetic attractiveness, helps reduce
visual monotony, and offers year-round appeal,
3 That the petitioner shall correct to the Inspection Department's
satisfaction the following as outlined in the correspondence dated
February 3, 2004
• That any deteriorating areas of the parking lot shall be
repaired and resealed, and
4 That any change of circumstances in the area containing the
greenbelt 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
Regular Meeting of July 21, 2004 34742
CR 339-04 RESOLVED, that having considered a communication from
the Department of Law, dated June 17, 2004, approved for submission by
the Mayor, to which is attached a proposed lease amendment between
the City of Livonia and Nextel West Corp , d/b/a/ Nextel Communications,
to require that all employees, agents and subcontractors register with the
Livonia Police Department on-duty personnel and be accompanied by said
personnel to gain access to the tower area of the police communications
tower, the Council does hereby authorize the Mayor and City Clerk, for
and on behalf of the City of Livonia, to execute the attached proposed
Lease Amendment No 2 in the manner and form herein submitted, as well
as to do all things necessary or incidental to the full performance of this
resolution
A roll call vote was taken on the foregoing resolutions with the following result:
AYES Godfroid-Marecki, McCann, Robinson, Knapp, Taylor, Kokenakes
and Meakin
NAYS None
A communication from the Department of Law, dated July 14, 2004, re
proposal to repeal Unemployment Compensation Ordinance, Title 2, Chapter 92 of the
Livonia Code of Ordinances, as amended, was received and placed on file for the
information of the Council
Councilmember Kokenakes gave first reading to the following
Ordinance
AN ORDINANCE REPEALING CHAPTER 92 OF TITLE 2
(UNEMPLOYMENT COMPENSATION SYSTEM) OF THE
LIVONIA CODE OF ORDINANCES, AS AMENDED
The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in the
Office of the City Clerk and is the same as if word for word repeated herein The above
Ordinance was placed on the table for consideration at the next regular meeting
On a motion by Knapp, seconded by Meakin, and unanimously adopted, it
was
Regular Meeting of July 21, 2004 34743
CR 340-04 RESOLVED, that having considered the report and
recommendation of the Legislative Committee, dated July 6, 2004,
submitted pursuant to Council Resolution 594-03, in connection with a
communication from the City Planning Commission, dated June 8, 2004,
which sets forth its resolution 06-80-2004 adopted on June 1 , 2004, with
regard to Petition 2003-11-06-08, submitted by the City Planning
Commission, pursuant to Council Resolutions 594-03 and 178-04 and
pursuant to Section 23 01(a) of Ordinance No 543, the Zoning Ordinance
of the City of Livonia, as amended, to determine whether or not to amend
Section 2 08 of Article II, Section 10 03 of Article X and Section 11 03 of
Article XI, and Sections 18 37 and 18 38 of Article XVIII of Ordinance No
543, as amended, to change the off-street parking requirements for certain
retail and office uses, and the Council having conducted a public hearing
with regard to this matter on Monday, June 28, 2004, the Council does
hereby approve Petition 2003-11-06-08, for preparation of the ordinance
for submission to Council, and the Department of Law is requested to
prepare an ordinance amending Ordinance No 543, as amended, in
accordance with this resolution
On a motion by Knapp, seconded by Godfroid-Marecki, and unanimously
adopted, it was
CR 341-04 RESOLVED, that having considered the report and
recommendation of the Legislative Committee, dated July 6, 2004,
submitted pursuant to Council Resolution 132-03, with regard to proposed
ordinance amendments to Sections 11 02 and 18 38 of Ordinance No
543, as amended, to comply with the Religious Land Use and
Institutionalized Persons Act (RLUIPA), which prohibits any land use
regulation that treats religious assembly or institution on less than equal
terms with a non-religious assembly or institution, the Council does hereby
determine to take no further action with regard to this matter
On a motion by Knapp, seconded by Kokenakes, and unanimously
adopted, it was
CR 342-04 RESOLVED, that having considered the report and
recommendation of the Legislative Committee, dated July 6, 2004,
submitted pursuant to Council Resolution 71-02, and the report and
recommendation of the Department of Law, dated March 18, 2002, with
regard to a proposed ordinance amendment to Title 15, Chapter 44
(Fences), the Council does hereby refer this matter to the Department of
Law to prepare the appropriate ordinance amendment to Title 15, Chapter
44 of the Livonia Code of Ordinances for submission to Council
Regular Meeting of July 21, 2004 34744
On a motion by Knapp, seconded by Kokenakes, and unanimously
adopted, it was
CR 343-04 RESOLVED, that having considered the report and
recommendation of the Committee of the Whole, dated July 14, 2004,
submitted pursuant to Council Resolution 18-00, and a communication
from the Human Resources Director, dated June 22, 2004, which bears
the signature of the Finance Director and is approved for submission by
the Mayor, and which transmits a resolution adopted by the Civil Service
Commission on June 16, 2004, with regard to the Livonia Lieutenants and
Sergeants Association Contract Agreement, the Council does hereby
approve the proposed three-year contract to be entered into by and
between the City of Livonia and the Livonia Police Lieutenants and
Sergeants Association for the period December 1, 2003 through
November 30, 2006, FURTHER, the Council does hereby determine to
approve the necessary amendments to the Compensation Plan and
changes in certain benefits as required to effectuate this agreement, and
the Mayor and City Clerk are hereby authorized to affix their signatures to
the aforesaid contract, for and on behalf of the City of Livonia, and to do
all things necessary or incidental to the full performance of this resolution
A communication from Harold J Miller, Director of Operations, Quality
Control Inspection, Inc., dated May 3, 2004, re Soils Erosion Contract, October 2003
Invoice #29642, was received and placed on file for the information of the Council
A communication from Robert Beckley, Director of Public Works, and
Robert Schron, City Engineer, dated May 20, 2004, re additional information concerning
soil erosion for the Meeting of June 1, 2004, was received and placed on file for the
information of the Council
A communication from Robert Beckley, Director of Public Works, and
Robert Schron, City Engineer, dated June 11, 2004, re authorization for soil erosion
inspection by QCI, Inc , was received and placed on file for the information of the Council
A communication from Bill Craig, 20050 Milburn Street, Livonia, 48152,
dated July 4, 2004, re his concerns about the enforcement of soil erosion and
Regular Meeting of July 21, 2004 34745
sedimentation control in Livonia, was received and placed on file for the information of
the Council
On a motion by McCann, seconded by Meakin, and unanimously adopted,
it was
CR 344-04 RESOLVED, that having considered the report and
recommendation of the Committee of the Whole, dated July 14, 2004,
submitted pursuant to Council Resolution 548-03, with regard to soil
erosion and sedimentation control inspections for the City by Quality
Control Inspection, Inc., the Council does hereby approve an additional
expenditure in the amount of $3,360.24 to be paid to Quality Control
Inspection, Inc , 40 Tarbell Avenue, Bedford, Ohio 44148 for Soil Erosion
and Sedimentation Control Inspection Services rendered from September
29, 2003 through October 24, 2003, FURTHER, the Council does hereby
appropriate and authorize an expenditure of the amount of$3,360.24 from
funds already budgeted in Account 101-441-818-005 (Contractual
Services - Consultant) for this purpose
On a motion by Meakin, seconded by Knapp, and unanimously adopted, it
was
CR 345-04 RESOLVED, that having considered the report and
recommendation of the Committee of the Whole, dated July 14, 2004,
submitted pursuant to Council Resolution 548-03, with regard to the
subject of an additional appropriation and expenditure requested to
increase the number of hours spent by Quality Control Inspection, Inc. to
approximately 80 per month for the balance of this fiscal year to perform
soil erosion and sedimentation control inspections for the City in order to
satisfy Michigan Department of Environmental Quality requirements, the
Council does hereby take no further action with regard to this matter
A communication from State Senator Laura Toy, dated July 1, 2004, re
her insight on Quicken Loans corporation and her experience with them at the state
level, was received and placed on file for the information of the Council
A communication from Kathleen Glynn, Chairperson, Livonia Historic
Preservation Commission, with an historical preservation perspective attached, dated
Regular Meeting of July 21, 2004 34746
July 5, 2004, re Quicken Loans parking issues at Greenmead, was received and placed
on file for the information of the Council
A communication from Robert Schron, City Engineer, dated July 12, 2004,
re recommendation for asphalt paving and storm drainage for a proposed parking area
at Greenmead for Quicken Loans, was received and placed on file for the information of
the Council
A topographical drawing of Greenmead from Robert Schron, City
Engineer, dated July 12, 2004, was received and placed on file for the information of the
Council
The Greenmead Master Plan received at the Committee of the Whole
Meeting of July 14, 2004, was received and placed on file for the information of the
Council
A communication from Ms Joanne Saranen, 35247 Pintree, 48150, dated
July 21, 2004, re concerns about the possible parking lot paving at Greenmead for
use by Quicken Loans, was received and placed on file for the information of the
Council
On a motion by McCann, seconded by Robinson, it was
RESOLVED, that having considered the report and
recommendation of the Committee of the Whole, dated July 14, 2004,
submitted pursuant to Council Resolution 279-04 with regard to a proposal
submitted by Quicken Loans with regard to two paving projects at
Greenmead and a proposed amendment to the existing Lease Agreement
between the City of Livonia and Quicken Loans, as well as the subject of
bus trips and changing the route of the buses to Newburgh Road and
Pembroke Road, the Council does hereby approve the construction of a
new parking lot (No 5) at Greenmead for use of and paid for by Quicken
Loans, FURTHER, the Council does hereby authorize the Department of
Law to enter into negotiations with Quicken Loans for Amendment No 1 to
the existing lease, (originally approved in Council Resolution 111-03),
Regular Meeting of July 21, 2004 34747
subject to approval as to form by the Department of Law; FURTHER, the
Council does hereby authorize the Mayor and City Clerk, for and on behalf
of the City of Livonia, to execute this First Amendment to Lease with
Quicken Loans and to do all things necessary or incidental to the full
performance of this resolution
On a motion by Robinson, seconded by McCann, it was
RESOLVED, that the City Council does hereby determine to
amend the foregoing resolution in the following manner.
RESOLVED, that having considered the report and
recommendation of the Committee of the Whole, dated July 14, 2004,
submitted pursuant to Council Resolution 279-04 with regard to a proposal
submitted by Quicken Loans with regard to two paving projects at
Greenmead and a proposed amendment to the existing Lease Agreement
between the City of Livonia and Quicken Loans, as well as the subject of
bus trips and changing the route of the buses to Newburgh Road and
Pembroke Road, the Council does hereby approve the construction of a
new gravel parking lot (No 5) at Greenmead for use of and paid for by
Quicken Loans, FURTHER, the Council does hereby authorize the
Department of Law to enter into negotiations with Quicken Loans for
Amendment No 1 to the existing lease, (originally approved in Council
Resolution 111-03), subject to approval as to form by the Department of
Law; FURTHER, the Council does hereby authorize the Mayor and City
Clerk, for and on behalf of the City of Livonia, to execute this First
Amendment to Lease with Quicken Loans and to do all things necessary
or incidental to the full performance of this resolution
A roll call vote was taken on the motion to amend as follows
AYES McCann and Robinson
NAYS Godfroid-Marecki, Knapp, Meakin, Kokenakes and Taylor
The President declared the motion to amend denied
A roll call vote was then taken on the originally proposed resolution by McCann,
seconded by Robinson, as follows
CR 346-04 RESOLVED, that having considered the report and
recommendation of the Committee of the Whole, dated July 14, 2004,
submitted pursuant to Council Resolution 279-04 with regard to a proposal
submitted by Quicken Loans with regard to two paving projects at
Greenmead and a proposed amendment to the existing Lease Agreement
between the City of Livonia and Quicken Loans, as well as the subject of
Regular Meeting of July 21, 2004 34748
bus trips and changing the route of the buses to Newburgh Road and
Pembroke Road, the Council does hereby approve the construction of a
new parking lot (No 5) at Greenmead for use of and paid for by Quicken
Loans, FURTHER, the Council does hereby authorize the Department of
Law to enter into negotiations with Quicken Loans for Amendment No 1 to
the existing lease, (originally approved in Council Resolution 111-03),
subject to approval as to form by the Department of Law; FURTHER, the
Council does hereby authorize the Mayor and City Clerk, for and on behalf
of the City of Livonia, to execute this First Amendment to Lease with
Quicken Loans and to do all things necessary or incidental to the full
performance of this resolution
with the following result:
AYES Godfroid-Marecki, McCann, Knapp, Meakin, Kokenakes and
Taylor
NAYS Robinson
The President declared the resolution duly adopted
Angelo Vitale, Senior Corporate Counsel for Quicken Loans, 20555 Victor
Parkway, Livonia, 48152, spoke to the Council about the preference of an asphalt
parking lot because of less maintenance and better drainage, which would result in a
more economic, long term result.
Kathleen Glynn, 15566 Blue Skies Ct., Livonia, 48154, spoke to the
Council about another possible parking site in Section J located at Greenmead
Mayor Engebretson spoke to the Council about the proposed parking lot at
Greenmead that will be used by Quicken Loans, and stated that the asphalt parking lot
would provide better drainage and would better serve Greenmead and Quicken Loans
Councilmember McCann gave first reading to the following
Ordinance
AN ORDINANCE AMENDING SECTION 2 OF THE
ZONING MAP OF THE CITY OF LIVONIA AND AMENDING
ARTICLE III OF ORDINANCE NO 543, AS AMENDED,
KNOWN AND CITED AS "THE CITY OF LIVONIA ZONING
ORDINANCE" BY ADDING SECTION 3 THERETO
(Petition 2004-04-01-04)
Regular Meeting of July 21, 2004 34749
The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in the
Office of the City Clerk and is the same as if word for word repeated herein The above
Ordinance was placed on the table for consideration at the next regular meeting
Councilmember Meakin took from the table, for second
reading and adoption, the following Ordinance
AN ORDINANCE AMENDING SECTION 4 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 2004-01-01-03)
A roll call vote was taken on the foregoing Ordinance with the following result:
AYES Godfroid-Marecki, McCann, Robinson, Knapp, Meakin, Kokenakes
and Taylor
NAYS None
The President declared the foregoing Ordinance duly adopted, and would
become effective on publication
On a motion by Knapp, seconded by Kokenakes, and unanimously
adopted, it was
CR 347-04 RESOLVED, that having considered a communication from
the City Planning Commission, dated June 21, 2004, which transmits its
resolution 06-85-2004, adopted on June 15, 2004, with regard to Petition
2004-05-08-11, submitted by Leo Soave, on behalf of Maple Woods Site
Condominiums, for approval of the Master Deed, Bylaws and Site Plan in
connection with a proposal to construct a site condominium development
on property located at 20151 Gill Road, on the west side of Gill Road
between Navin Avenue and 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 the Master Deed,
Bylaws and Site Plan in connection with Petition 2004-05-08-11 are
hereby approved and granted, subject to the following conditions
Regular Meeting of July 21, 2004 34750
1 That the Master Deed and Bylaws comply with the requirements of
the Subdivision Control Ordinance, Title 16, Chapter 16 04 - 16 40
of the Livonia Code of Ordinances, and Article XX, Section 20 01-
20 06 of Zoning Ordinance #543, except for the fact the following
shall be incorporated,
• 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% and not
less than 80% on one-story dwellings, and
2 That the brick used in the construction of each condominium unit
shall be full-face four (4) inch brick, no exceptions,
3 That the structure to be built on the lot identified as "Lot Split
Pending" shall correspond in architectural design, be constructed
out of the same building materials and have the same percentage
of brick as the site condominiums of Maple Woods,
4 That the homes on the two (2) corner lots shall face Gill Road,
except that driveway access may be provided from the proposed
street;
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 pro-
rata 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 by the City of Livonia,
7 That the Site Plan marked Sheet 1 with a revision date of June 10,
2004, prepared by Basney & Smith, Inc., is hereby approved and
shall be adhered to, subject to the removal of the perimeter fence,
8 Except as may otherwise be expressly authorized by Council
resolution, the proposed road shall comply with the minimum
Regular Meeting of July 21, 2004 34751
design specifications for minor residential streets pursuant to
Chapter 16 24 of the Code of Ordinances,
R'
9 That the developer shall be required to construct a sidewalk in
accordance with the subdivision regulations unless waived by City
Council,
10 That the petitioner shall correct to the Police Department's
satisfaction the following as outlined in the correspondence dated
June 10, 2004
• That streetlights shall be installed along the proposed street to
enhance public safety;
• That a STOP sign shall be installed at the Gill Road exit;
11 That the petitioner shall correct to the Fire Department's
satisfaction the following as outlined in the correspondence dated
June 8, 2004
• 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,
12 That the petitioner shall secure the necessary storm water
management permits from Wayne County, the City of Livonia,
and/or the State of Michigan,
13 That the Site Plan referenced in this approving resolution shall be
submitted to the Inspection Department at the time the building
permits are applied for; and
14 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.
A communication from the Public Service Division, dated July 20, 2004,
re award of the construction contract for Idyl Wyld Regional Retention Facility, was
received and placed on file for the information of the Council
On a motion by Knapp, seconded by McCann, and unanimously adopted,
Regular Meeting of July 21, 2004 34752
it was
CR 348-04 RESOLVED, that having considered a communication from
the Director of Public Works, dated July 20, 2004, which bears the
signature of the Finance Director and is approved for submission by the
Mayor, the Council does hereby accept the bid of Acme Contracting, Ltd ,
P 0 Box 700523, Plymouth, Mi 48170, for performing all work in
connection with the construction of the Idyl Wyld Regional Stormwater
Retention Facility in the amount of $1,189,500 00, with the understanding
that construction will commence in August and the Rouge Program Grant
portion should be completed by December 31, 2004, as specified by the
federal grant requirements of the Rouge Program Office, the same having
been in fact the lowest bid received and meets all specifications,
FURTHER, that this action is subject to issuance by the Michigan
Department of Environmental Quality of a permit to construct and
commitment by Wayne County to provide funding under the Rouge Round
II grant; FURTHER, the Council does hereby appropriate and authorize an
expenditure in the amount of $181,150 00 from the Unexpended Fund
balance of the Water and Sewer Fund (592) and in the amount of
$190,000 00 from the Unexpended Fund Balance of the Golf Course
Capital Projects Fund (409) for this purpose, with the understanding that
approximately 75% of the CMI grant and 50% of the Rouge grants, the
funds shall be reimbursed from federal and/or state grants received for
eligible work for this project and such funds shall be returned to the Water
and Sewer Fund, 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 company, subject to approval as to form by the Department of
Law, and to do all things necessary or incidental to the full performance of
this resolution
Wally Alix, representing Hubbell, Roth and Clark, spoke to the Council
about the work schedule for the Idyl Wyld Regional Retention Facility
On a motion by Meakin, seconded by Knapp, and unanimously adopted, it
was
CR 349-04 RESOLVED, that having considered a communication from
the Director of Public Works, dated July 1, 2004, which bears the
signature of the Chief Accountant on behalf of the Director of Finance and
is approved for submission by the Mayor, with regard to the Stormwater
Management Study Project previously approved in Council Resolution 43-
99 and 756-01, the Council does hereby approve Amendment No 4 to the
contract for engineering services for the Stormwater Management Study -
Idyl Wyld Regional Retention Facility between the City of Livonia and the
Joint Venture of Hubbell, Roth & Clark, Inc , 555 Hulet Drive, Bloomfield
Regular Meeting of July 21, 2004 34753
Hills, Michigan 48303, and Orchard, Hiltz & McCliment, Inc., 34000
Plymouth Road, Livonia, Michigan 48150, which services will consist of
design services, construction engineering services and pre and post
construction monitoring, FURTHER, the Council does hereby appropriate
and authorize the expenditure of a sum of $295,375 50 from the
Unexpended Fund balance of the Water and Sewer Fund (592) for this
purpose, with the understanding that the majority of these funds shall be
reimbursed from the Rouge Program Grant and the Clean Michigan Grant
Funds, FURTHER, any federal or state grants received for eligible work
completed under the Stormwater Management Study will be returned to
the Water and Sewer Fund, and the Mayor and City Clerk are hereby
authorized to execute an amendment to the existing contract, for and on
behalf of the City of Livonia, with the aforesaid Joint Venture, subject to
approval as to form by the Department of Law, and to do all things
necessary or incidental to the full performance of this resolution
A communication from the Director of Public Works, dated July 8, 2004,
re recommendation to award bid for replacement of Emergency Generator Equipment
at City Hall, was received and placed on file for the information of the Council
On a motion by Knapp, seconded by Robinson, and unanimously adopted,
it was
CR 350-04 RESOLVED, that having considered the report and
recommendation of the Public Utility Manager and the Director of Public
Works, dated July 8, 2004, which bears the signature of the Director of
Finance and is approved for submission by the Mayor, the Council does
hereby accept the bid of Electrical Power & Design, Inc , 18840
Woodworth, Redford, Michigan 48240, for completing all work required in
connection with the installation of a replacement generator at City Hall in
the amount of $126,700 00, the same having been in fact the lowest bid
received and meets all specifications, FURTHER, the Council does hereby
authorize an expenditure in the amount of $100,000 00 from Account No
101-447-976-000 (Building Maintenance Capital Outlay) and an
expenditure in the amount of $26,700 00 from the Supplemental Capital
Outlay budget in Fund 401 for this purpose, and the Director of Public
Works is hereby authorized to approve minor adjustments in the work as it
becomes necessary; and the Mayor and City Clerk are hereby authorized
to execute a contract, for and on behalf of the City of Livonia, with the
aforesaid company and to do all things necessary or incidental to the full
performance of this resolution
On a motion by Knapp, seconded by Kokenakes, and unanimously
Regular Meeting of July 21, 2004 34754
adopted, it was
CR 351-04 WHEREAS, the City Clerk has received an Application for
Industrial Facilities Exemption Certificate from Roush Manufacturing, Inc.,
dated May 28, 2004, covering new industrial facilities to be located within
City of Livonia Industrial Development District No 84, and
WHEREAS, the City Clerk has notified in writing the Assessor of the City
of Livonia as well as the legislative body of each taxing unit which levies
ad valorem property taxes in the local governmental unit in which the
proposed facility is to be located, i e , the City of Livonia, and advised
each of them that the said Application has been received, and
WHEREAS, the City Council has afforded Roush Manufacturing, Inc., the
Assessor, and a representative of each of the affected taxing units an
opportunity for a hearing on this Application and said hearing having in
fact been conducted at 7 00 p m , Monday, June 28, 2004, at the Livonia
City Hall, 33000 Civic Center Drive, Livonia, Michigan
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
LIVONIA AS FOLLOWS
1 That the City Council, on the basis of the information received from
the applicant, Roush Manufacturing, Inc., finds and determines (a)
that the granting of this Industrial Facilities Exemption Certificate
shall not have the effect of substantially impeding the operation of
the local governmental unit or impairing the financial soundness of
any taxing unit which levies an ad valorem property tax in the local
governmental unit in which the facility is to be located, and (b) the
applicant has fully complied with the requirements of Section 9, Act
No 198, P.A. 1974, as amended
2 That the City Council hereby approves the Application for Industrial
Facilities Exemption Certificate from Roush Manufacturing, Inc.,
covering new industrial facilities to be located within the City of
Livonia Industrial Development District No 84 for 12 years
3 That in accordance with the requirements of Section 22, Act 198,
P.A. 1974, as amended, wherein a letter of agreement between the
applicant and the City is required in order to clarify the
understanding and the commitment between the applicant and the
City upon approval of an Industrial Facilities Exemption Certificate,
the Council hereby authorizes the Mayor and City Clerk to sign
such Letter of Agreement as duly executed by the applicant and
incorporate such Letter of Agreement as part of the documentation
required to process applications for Industrial Facilities Exemption
Certificates
Regular Meeting of July 21, 2004 34755
On a motion by Meakin, seconded by McCann, it was
CR 352-04 RESOLVED, that having considered a communication from
the City Planning Commission, dated June 8, 2004, which sets forth its
resolution 06-75-2004 adopted on June 1, 2004, with regard to Petition
2004-05-01-05, submitted by Michael and Reno Soave for a change of
zoning of property located at 19751 Gill Road, on the west side of Gill
Road between Bretton Drive and Northland Drive in the Southwest 1/4 of
Section 4, from RUFB to R-3, and the Council having conducted a public
hearing with regard to this matter on Monday, June 28, 2004, the Council
does hereby approve Petition 2004-05-01-05 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 Godfroid-Marecki, McCann, Robinson and Meakin
NAYS Knapp, Kokenakes and Taylor
The President declared the resolution duly adopted
Reno Soave, 20592 Chestnut, Livonia, 48152, spoke to the Council and
asked about the procedure that should be followed with the approval of the R-3 zoning
On a motion by Kokenakes, seconded by Meakin, and unanimously
adopted, it was
CR 353-04 RESOLVED, that having considered a communication from
the City Planning Commission, dated June 8, 2004, which sets forth its
resolution 06-81-2004 adopted on June 1, 2004, with regard to Petition
2004-04-06-01, submitted by the City Planning Commission, pursuant to
Council Resolution 172-04 and pursuant to Section 23 01(a) of Ordinance
No 543, the Zoning Ordinance of the City of Livonia, as amended, to
determine whether or not to amend Section 18 59 of Article XVIII of
Ordinance No 543, as amended, to allow mechanical amusement devices
in restaurants, and the Council having conducted a public hearing with
regard to this matter on Monday, June 28, 2004, the Council does hereby
concur in the recommendation of the Planning Commission and Petition
2004-04-06-01 is hereby denied for the following reasons
Regular Meeting of July 21, 2004 34756
1 That the proposed Zoning Ordinance language amendment is not
needed to accommodate the subject use in the City;
imp 2 That the Zoning Ordinance currently contains sufficient language to
adequately provide for the subject use in proper locations, and
3 There is no compelling reason to amend the Zoning Ordinance to
allow for the subject use
On a motion by Knapp, seconded by Meakin, and unanimously adopted, it
was
CR 354-04 RESOLVED, that having considered a communication from
the City Planning Commission, dated June 8, 2004, which sets forth its
resolution 06-82-2004 adopted on June 1, 2004, with regard to Petition
2004-04-06-02, submitted by the City Planning Commission, pursuant to
Council Resolution 175-04 and pursuant to Section 23 01(a) of Ordinance
No 543, the Zoning Ordinance of the City of Livonia, as amended, to
determine whether or not to amend Section 18 46 of Article XVIII of
Ordinance No 543, as amended, in order to conform to both City practice
and the State of Michigan Land Division Act, and the Council having
conducted a public hearing with regard to this matter on Monday, June 28,
2004, the Council does hereby approve Petition 2004-04-06-02, for
preparation of the ordinance for submission to Council, and the
Department of Law is requested to prepare an ordinance amending
Ordinance No 543, as amended, in accordance with this resolution
During the audience communication portion of the agenda at the end of
the meeting, Councilmember Robinson wished a "Happy Birthday" to his father, who
celebrated his birthday on Saturday, July 17
Councilmember Godfroid-Marecki wished "Happy Birthdays" to her son,
Aaren, whose birthday was on Saturday, July 17, her daughter Jordyn, whose birthday
is on Saturday, July 24, and her daughter Brynn, who will celebrate her birthday on
August 4 She also said "Hello" to her son Andri
Councilmember McCann wished "Happy Birthdays" to his sister, Maureen,
whose birthday is July 23, his brother, Wade, whose birthday is July 26, and to his
sister, Judge Kathleen McCann, whose birthday is on Tuesday, July 27
Councilmember Kokenakes wished a "Happy Birthday" to his son, Adam,
who will be 16 on July 26
Regular Meeting of July 21, 2004 34757
City Clerk Val Vandersloot announced that an Austrian band, sponsored
by the Blue Lake International Exchange Program, will be performing at the "Music
Under the Stars" Program on July 22
On a motion by Meakin, seconded by Robinson, and unanimously
adopted, this 1,517th Regular Meeting of the Council of the City of Livonia was
adjourned at 9 34 p m , July 21, 2004
-Val
-
Val Vandersloot, City Clerk