HomeMy WebLinkAboutCOUNCIL MINUTES 2004-12-06 3493')
MINUTES OF THE ONE THOUSAND FIVE HUNDRED TWENTY-SIXTH
REGULAR MEETING OF DECEMBER 6, 2004
On December 6, 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 Knapp delivered the
invocation
Roll was called with the following result. Donald Knapp, Brian
Meakin, Frank J Kokenakes, Terry Godfroid-Marecki, James McCann, Thomas
Robinson and Gerald Taylor
Absent: None
Elected and appointed officials present: Robert Schron, City
Engineer; Mark Taormina, City Planner; Sean Kavanagh, City Attorney; Val
Vandersloot, City Clerk, Karen Kapchonick, Acting Superintendent of Parks and
Recreation and Jim Zoumbaris, Superintendent of Public Service
On a motion by Knapp, seconded by Meakin, it was
CR 556-04 RESOLVED, that the minutes of the 1,525th Regular
Meeting of the Council held November 22, 2004 are hereby
approved as submitted
A roll call vote was taken on the foregoing resolution with the following result:
AYES Knapp, Meakin, Kokenakes, McCann, Robinson and Taylor
NAYS None
PRESENT Godfroid-Marecki
During the audience communication portion of the agenda, Bill
Craig, 20050 Milburn, spoke to the Council in reference to the City's Ordinance
No 2679, Grading and Soil Erosion Control Ordinance He stated that many
developers in the City were violating this ordinance and asked for stricter
Regular Meeting of December 6, 2004 34933
enforcement on this issue After some discussion, he was asked to provide the
Administration with a list of developers who were in violation of this ordinance,
and he stated that he would comply with this request.
A communication from the Department of Finance, dated
November 18, 2004, re forwarding various financial statements of the City of
Livonia for the month ending October 31, 2004, was received and placed on file
for the information of the Council
On a motion by Kokenakes, seconded by Knapp, it was
CR 557-04 RESOLVED, that having considered a letter from
Christopher D Grattan, President, LandMAX Properties, Llc, dated
November 19, 2004, requesting elimination of the sidewalk
requirement in front of the new residence located at 28605 Clarita
in the Northwest 1/4 of Section 12, and having further considered
the report and recommendation of the City Engineer, dated
November 24, 2004, approved for submission by the Mayor, the
Council does hereby approve this request inasmuch as omitting the
sidewalk on the subject property would have no detrimental effect
upon the neighboring properties at this time due to lack of any other
public sidewalks existing within the neighboring area, FURTHER,
the Council does hereby reserve the right to require sidewalks at
this location in the event that additional sidewalks are installed in
this area at some future date
CR 558-04 RESOLVED, that having considered a communication
from the City Assessor, dated November 5, 2004, approved for
submission by the Mayor, with regard to the original request dated
October 1, 2004, from Michael Soave, 33611 Plymouth Road,
Livonia, Michigan 48150, who represents Joseph Pepin of 29106
Broadmoor, Livonia, Michigan 48154, and in accordance with the
provisions of 1967 PA 288, as amended, as well as Section 18 46
of Ordinance No 543, as amended, the Council does hereby
approve of the proposed division of Tax Item No 46-051-01-0242-
000 into two parcels, the legal description(s) of which shall read as
follows
PARCEL A
Part of Lot 242 of "Supervisor's Livonia Plat No 3" of part of N 1/2 of
svv1/4 of Sec. 13, T 1 S , R. 9 E , Livonia Twp (now City of
Livonia), Wayne County, Michigan, as recorded in Liber 66, Page
16, Wayne County Records, described as commencing at the
Regular Meeting of December 6, 2004 34934
Southeast corner of Lot 242, thence West 69 98 feet along the
South line of Lot 242 to the point of beginning, thence West 69 99
feet along the South line of Lot 242 to the West line of Lot 242,
thence N 00°31'27" W 300 00 feet along the West line of Lot 242
to the North line of Lot 242, thence East 69 99 feet along the North
line of Lot 242, thence S 00°31'27" E 300 00 feet to the point of
beginning Containing 0 482 acres
PARCEL B
Part of Lot 242 of"Supervisor's Livonia Plat No 3" of part of N 1/2 of
S W 1/4 of Sec. 13, T 1 S , R. 9 E , Livonia Twp (now City of
Livonia), Wayne County, Michigan, as recorded in Liber 66, Page
16, Wayne County Records, described as beginning at the
southeast corner of Lot 242, thence West 69 98 feet along the
South line of Lot 242, thence N 00°31'27" W 300 00 feet; to the
North line of Lot 242, thence East 69 98 feet along the North line of
Lot 242 to the East line of Lot 242, thence S 00°31'27" E 300 00
feet to the point of beginning Containing 0 482 acres
as shown on the map attached to the aforesaid communication
which is made a part hereof by reference, FURTHER, in
accordance with Section 16 32 030 of the Livonia Code of
Ordinances, as amended, and Section 18 46 of Zoning Ordinance
No 543, as amended, the Council does hereby waive the minimum
lot width and area requirements set forth in Zoning Ordinance No
543, as amended, with respect to this property division, provided,
however, that until a variance is granted by the Zoning Board of
Appeals as to every nonconforming lot resulting from such split,
none of said lots may be sold, leased or transferred, 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, dated November
15, 2004, - Administrative Response - re timing issues with the east to west
pedestrian crosswalks at the intersection of Five Mile and Merriman Roads in
conjunction with the traffic light, and the installation of actuator buttons near the
sidewalks of both intersections, was received and placed on file for the
information of the Council (CR 463-04)
Regular Meeting of December 6, 2004 34935
CR 559-04 RESOLVED, that having considered the report and
recommendation of the City Engineer, dated November 5, 2004,
approved by the Director of Public Works and approved for
submission by the Mayor, with regard to a request from the Wayne
County Department of Public Services that the City take jurisdiction
and control of the entire on-site storm sewer collection system as
part of the development of the commercial property located at
20120 and 20140 Haggerty Road, on the east side of Haggerty
Road, south of Eight Mile Road in the Northwest 1/4 of Section 6,
the Council does hereby determine as follows
1 To advise the Wayne County Department of Public Services
(Permit Section) that the City of Livonia has approved the
storm sewer site plans, and further that the City will accept
jurisdiction and maintenance (at no expense to the County)
of the entire on-site storm sewer collection system within the
property located on the east side of Haggerty Road, south of
Eight Mile Road in the Northwest 1/4 of Section 6 (See
attached letter from Livonia Chestnut, L L C , [regarding the
proposed Panera Bread and TGI Fridays] dated November
4, 2004, indicating its willingness to reimburse the City for
any such maintenance that may become necessary )
2 To authorize the City Engineer to execute a Wayne County
permit on behalf of the City of Livonia in connection with the
above storm sewer construction
CR 560-04 RESOLVED, that having considered a communication
from the City Engineer, dated November 9, 2004, approved by the
Director of Public Works and approved for submission by the
Mayor, to which are attached lists of sidewalks requiring installation
or replacement within miscellaneous locations throughout the City
of Livonia, in connection with the 2005 Sidewalk Repair Program,
said list being included herein by reference, and for the reasons
stated, the Council does hereby require the respective owners of
lots and premises referred to in said list to install or to remove and
replace sidewalks at such premises, and the City Clerk is hereby
requested to do all things necessary to carry out the provisions of
this resolution which is made pursuant to Title 12, Section 340 of
the Livonia Code of Ordinances, as amended, FURTHER, said
notice shall set forth that the respective owners of lots and
premises herein referred to shall complete said sidewalk work no
later than June 1, 2005, after which date the Engineering Division
shall arrange for the construction and/or reconstruction of the said
sidewalks, FURTHER, the Council does hereby authorize the
construction and/or reconstruction of various sections or sidewalks
Regular Meeting of December 6, 2004 34936
and crosswalks at several locations within the City inasmuch as the
same are the City's responsibility
CR 561-04 RESOLVED, that having considered a communication
from the City Planning Commission, dated November 10, 2004,
which transmits its resolution 11-143-2004, adopted on November
9, 2004, with regard to Petition 2004-09-08-18 submitted by John
Colucci, requesting site plan approval in connection with a proposal
to construct an addition to the office building located at 10811
Farmington Road, on the west side of Farmington Road between
Orangelawn Avenue and Plymouth Road in the Northeast 1/4 of
Section 33, 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
2004-09-08-18 is hereby approved and granted, subject to the
following conditions
1 That the Plan marked Sheet SPA-1 dated November 1,
2004, as revised, prepared by George J Hartman Architects,
is hereby approved and shall be adhered to,
2 That appropriate recordable legal instrumentation, such as a
cross-parking agreement, that gives notice and outlines the
terms of how the subject property(s) would share parking, be
supplied to the City;
3 That landscaping is not approved with this petition A
Landscape Plan shall be separately submitted for review and
approval by the Planning Commission and City Council
within sixty (60) days of this resolution Said plan shall
incorporate either the required protective wall along the
south and west property lines or, if applicable, petition to
have the wall permanently waived by the substitution of a
greenbelt;
4 That all disturbed lawn areas shall be sodded in lieu of
hydroseeding,
5 That the brick used in the construction shall be full face 4
inch brick,
6 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 6, 2004 34937
7 That there shall be no dumpster located outside of the
buildings, and all trash must be contained within the
buildings except on the day trash is scheduled for removal,
8 That the petitioner shall secure the necessary storm water
management permits from Wayne County, the City of
Livonia, and/or the State of Michigan,
9 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;
10 That the petitioner shall correct to the Inspection
Department's satisfaction the following as outlined in the
correspondence dated October 7, 2004
• That the entire parking lot shall be cleaned up, repaired,
resealed and double striped,
• That all handicap spaces shall be identified and comply
with the Michigan Barrier Free Code and Livonia City
Ordinance,
• That the drainage ditch along the south property line shall
be completed,
11 That the petitioner shall correct to the Engineering
Department's satisfaction the following as outlined in the
correspondence dated October 5, 2004
• That an additional 27 feet of right-of-way shall be
dedicated,
12 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,
13 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
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
Regular Meeting of December 6, 2004 34938
A roll call vote was taken on the foregoing resolutions with the following result.
AYES Knapp, Meakin, Kokenakes, Godfroid-Marecki, McCann,
Robinson and Taylor
NAYS None
On a motion by Knapp, seconded by Godfroid-Marecki, and
unanimously adopted, it was
CR 562-04 RESOLVED, that having considered the report and
recommendation of the Legislative Committee, dated November 17,
2004, submitted pursuant to Council Resolution 522-03, in
connection with the proposed amendment to Section 060 of Title 5,
Chapter 33 (Garage, Yard, Basement and Rummage Sales) of the
Livonia Code of Ordinances, as amended, the Council does hereby
determine to take no further action with regard to this matter
A page from the City of Grand Rapids Association of Realtors
website, received on November 29, 2004, re the enforcement of this City's Sign
Ordinance and how it affects realtors in that City, 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 563-04 RESOLVED, that having considered the report and
recommendation of the Legislative Committee, dated November 17,
2004, submitted pursuant to Council Resolution 428-04, with regard
to the review of the sign ordinance pertaining to signs advertising
non-profit activities, open houses, etc , placed in the rights-of-way,
the Council does hereby refer the subject of the proposed adoption
of a Sign Ordinance resolution to the Administration for its report
and recommendation
On a motion by Knapp, seconded by Meakin, and unanimously
adopted, it was
CR 564-04 RESOLVED, that having considered the report and
recommendation of the Committee of the Whole, dated November
Regular Meeting of December 6, 2004 34939
23, 2004, submitted pursuant to Council Resolution 715-01, in
connection with the request of Dale Brubaker, Michigan Veterans of
Foreign Wars and Gerald D Taylor, Councilmember, that a
permanent memorial be established honoring those from the
community who have given their lives in the service of their country,
the Council does hereby refer the subject of forming a committee to
review this matter to the Administration for its report and
recommendation
On a motion by Knapp, seconded by Meakin, and unanimously
adopted, it was
CR 565-04 RESOLVED, that having considered the report and
recommendation of the Committee of the Whole, dated November
23, 2004, submitted pursuant to Council Resolution 251-03, in
connection with the proposed creation of a "Wall of Honor" to
display photos of men and women in the armed forces, the Council
does hereby refer the subject of forming a committee to review this
matter to the Administration for its report and recommendation
On a motion by Knapp, seconded by Kokenakes, and unanimously
adopted, it was
CR 566-04 RESOLVED, that having considered the report and
recommendation of the Committee of the Whole, dated November
23, 2004, submitted pursuant to Council Resolution 754-98, in
connection with the zoning of vacant parcels of land, the Council
does hereby determine to take no further action with regard to this
matter
On a motion by McCann, seconded by Godfroid-Marecki, and
unanimously adopted, it was
CR 567-04 RESOLVED, that having considered the report and
recommendation of the Committee of the Whole, dated November
23, 2004, submitted pursuant to Council Resolution 325-98, in
connection with Facility Reservation Fees as prescribed in the "City
of Livonia Fees/Waivers" policy and the accompanying Four-
Category Grid, the Council does hereby determine to take no
further action with regard to this matter
On a motion by Kokenakes, seconded by Knapp, and unanimously
Regular Meeting of December 6, 2004 34940
adopted, it was
CR 568-04 RESOLVED, that having considered the report and
recommendation of the Committee of the Whole, dated November
23, 2004, submitted pursuant to Council Resolution 453-03, in
connection with High Tech Industrial Facilities Exemption
Certification, the Council does hereby determine to take no further
action with regard to this matter
On a motion by Meakin, seconded by Kokenakes, and unanimously
adopted, it was
CR 569-04 RESOLVED, that having considered the report and
recommendation of the Superintendent of Public Service and the
Director of Public Works, dated November 15, 2004, which bears
the signature of the Director of Finance and is approved for
submission by the Mayor, the Council does hereby authorize B & V
Construction, Inc., 48400 West Road, P 0 Box 930029, Wixom,
Michigan 48393-0029, to provide snow removal services for City
streets during the 2004-2005 snow season for snowfalls of over
four (4) inches in accumulation and as authorized by the Mayor,
pursuant to the terms stated in the attached letter dated October
18, 2004, FURTHER, the Council does hereby authorize the use of
additional rental equipment, as needed, from Nagle Paving
Company, 30630 West Twelve Mile Road, Farmington Hills,
Michigan 48334, pursuant to the terms stated in the attached letter
dated October 19, 2004, FURTHER, the Council does hereby
authorize the said item without competitive bidding in accordance
with Section 3 04 140D4 of the Livonia Code of Ordinances, as
amended
On a motion by Robinson, seconded by Godfroid-Marecki, and
unanimously adopted, it was
CR 570-04 RESOLVED, that having considered the report and
recommendation of the Superintendent of Public Service and the
Director of Public Works, dated November 15, 2004, which bears
the signature of the Director of Finance and is approved for
submission by the Mayor, with regard to contracted snow removal
services for major storms, the Council does hereby refer the subject
of snow removal services in the future for possible bid at a later
date to the Committee of the Whole for its report and
recommendation
Regular Meeting of December 6, 2004 34941
A communication from Eileen Beale, 15559 Liverpool, Livonia,
48154, dated November 27, 2004, re her opposition to the rezoning of property
located at 15552 Newburgh Road, was received and placed on file for the
information of the Council (Petition 2004-09-01-10)
On a motion by Kokenakes, seconded by Meakin, and unanimously
adopted, it was
CR 571-04 RESOLVED, that having considered a communication
from the City Planning Commission, dated October 14, 2004, which
sets forth its resolution 10-131-2004 adopted on October 12, 2004,
with regard to Petition 2004-09-01-10, submitted by Jacalyn
Newman Simon and Henry Stein, for a change of zoning of
property located at 15552 Newburgh Road, on the east side of
Newburgh Road between Five Mile Road and Ladywood Road in
the Southwest 1/4 of Section 17, from
R-2A to OS, and the Council having conducted a public hearing
with regard to this matter on November 17, 2004, the Council does
hereby approve Petition 2004-09-01-10 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
On a motion by McCann, seconded by Robinson, and unanimously
adopted, it was
CR 572-04 RESOLVED, that having considered a communication
from the Superintendent of Parks and Recreation, dated November
19, 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 various cash and other
donations from the contributors set forth in the aforementioned
communication to be used as specified by the donors, and the cash
donation of $1,222 50 is to be deposited in and credited to Account
#702-000-285-125 (Recreation-Miscellaneous) for use as indicated
in the aforementioned communication
Regular Meeting of December 6, 2004 34942
During the audience communication portion of the agenda at the
end of the meeting, Councilmember McCann expressed "Happy Birthday" wishes
to his wife, Linda, who will celebrate her birthday on Thursday, December 9
1r Councilmember Godfroid-Marecki wished a "Happy Birthday" to
Councilmember Meakin who will celebrate his birthday on Saturday, December
11
On a motion by Knapp, seconded by Meakin, and unanimously
adopted, this 1,526th Regular Meeting of the Council of the City of Livonia was
adjourned at 8 36 p m , December 6, 2004
Clo- -v<-7Let,0)2/7-
Val Vandersloot, City Clerk