HomeMy WebLinkAboutCOUNCIL MINUTES 2004-05-19 34623
MINUTES OF THE ONE THOUSAND FIVE HUNDRED THIRTEENTH
REGULAR MEETING OF MAY 19, 2004
On May 19, 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 Robinson delivered the invocation
Roll was called with the following result: Thomas Robinson, Donald
Knapp, Brian Meakin, Frank J Kokenakes, Terry Godfroid-Marecki, James McCann and
Gerald Taylor
Absent None
Elected and appointed officials present: Mayor Jack Engebretson,
Michael Slater, Director of Finance, Robert Schron, City Engineer; Mark Taormina, City
Planner; Sean Kavanagh, City Attorney; Val Vandersloot, City Clerk, Karen Szymula,
Director of Legislative Affairs and Alan Brandemihi, Fire Chief
On a motion by Knapp, seconded by Meakin, it was
CR 198-04 RESOLVED, that the minutes of the 1 ,512th Regular Meeting
of the Council held May 5, 2004 are hereby approved as submitted
A roll call vote was taken on the foregoing resolution with the following result:
AYES Robinson, Knapp, Meakin, Kokenakes, McCann and Taylor
NAYS None
PRESENT Godfroid-Marecki
During the audience communication portion of the agenda, George Boller,
36270 Hammer Lane, Livonia, asked Council questions about the procedures used to
make appointments to the City Council
On a motion by Knapp, seconded by Meakin, and unanimously adopted,
it was
Regular Meeting of May 19, 2004 34624
CR 199-04 RESOLVED, that having considered an application from
Brian Huntoon, 18417 Foch, dated May 17, 2004, requesting permission
to close Foch between Pickford and Clarita on May 29, 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.
Council President Taylor announced that a Public Hearing for the following
item would be held on Monday, June 7, 2004 at 7 00 P M , in the Auditorium of the
Livonia City Hall, 33000 Civic Center Drive, Livonia, MI
Jaswant Bhagat, Director, on behalf of Infineon Technologies North
America Corporation, 1730 N First Street, San Jose, California,
requests approval of an Industrial Facilities Exemption Certificate
for the facility located at 19111 Victor Parkway, Livonia, MI
On a motion by Meakin, seconded by Knapp, it was
CR 200-04 RESOLVED, that having considered an application from
Andrea Barterian, 9829 Shadyside, dated April 26, 2004, requesting
permission to close Shadyside between Orangelawn and West Chicago
on Saturday, July 31, 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
Sunday, August 1, 2004, in the event of inclement weather, the action
taken herein being made subject to the approval of the Police Department
CR 201-04 RESOLVED, that having considered an application from
Barbara A. Smith, 18760 Floral, dated April 29, 2004, requesting
permission to close Floral, between Clarita and the business parking lot
before Seven Mile Road, on Saturday, July 17, 2004, from 11 00 a m to
10 00 p m for the purpose of conducting a block party, the Council does
hereby grant permission as requested, including therein permission to
conduct the said affair on Saturday, July 31, 2004, in the event of
inclement weather, the action taken herein being made subject to the
approval of the Police Department.
CR 202-04 RESOLVED, that having considered an application from
Pamela A. Elliott, 32458 Maryland, received in the Office of the City Clerk
on May 3, 2004, requesting permission to close Maryland between
Hubbard and Ohio on Saturday, August 28, 2004, from 4 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.
Regular Meeting of May 19, 2004 34625
A newsletter for Summer 2004 entitled "Emily's Wings" re news and information
from the Emily Ann Griffin Foundation, was received and placed on file for the
information of the Council
CR 203-04 RESOLVED, that having considered a letter from Inger
Griffin, representing The Emily Ann Griffin Foundation, received in the
Office of the City Clerk on May 3, 2004, the Council does hereby take this
means to indicate that the Emily Ann Griffin Foundation is recognized as a
non-profit organization operating in the community, and the action herein
being taken for the purpose of affording The Emily Ann Griffin Foundation
an opportunity to obtain a charitable gaming license or registration from
the State of Michigan in accordance with provisions of State statute
CR 204-04 RESOLVED, that having considered a letter from Shelley
Kunz, Cornerstone Family Worship Center Representative, dated April 26,
2004, which requests permission to hold a Family Fun Festival on
Saturday, June 12, 2004 from 1 00 p m until 8 00 p m , to include
inflatable toys for children to play on, singing, dramas, prizes and food, as
well as an outdoor sound system, the Council does hereby grant and
approve this request in the manner and form herein submitted
CR 205-04 RESOLVED, that having considered a letter from Henry J
Kozyn, 28575 Broadmoor Ave , Livonia, Michigan 48154, dated April 26,
2004, requesting to purchase 140 0 feet of the City-owned property
located at 15833 Harrison (Sidwell No 46-051-99-0071-001), adjacent to
his property, the Council does hereby refer this item and all neighboring
properties in this area adjacent to City-owned property to the Law
Department for its report and recommendation
CR 206-04 RESOLVED, that having considered a letter from Thomas D
Currie, 28543 Broadmoor Ave , Livonia, Michigan 48154, dated April 26,
2004, requesting to purchase 31 42 feet of the City-owned property
located at 15833 Harrison (Sidwell No 46-051-99-0071-001), adjacent to
his property, the Council does hereby refer this item to the Law
Department for its report and recommendation
CR 207-04 RESOLVED, that having considered a communication from
the Mayor, dated April 22, 2004, wherein he has requested approval of the
reappointment of Marvin Walkon, Commercial Property Development Co ,
30445 Northwestern Highway, Suite 320, Farmington Hills, Michigan
48334, to the Livonia Plymouth Road Development Authority as a
business interest or owner for a four-year term expiring May 16, 2008,
pursuant to Section 3 16 060 of the Livonia Code of Ordinances, as
amended, and Act No 197 of the Public Acts of Michigan of 1975, as
Regular Meeting of May 19, 2004 34626
amended, the Council does hereby confirm and approve such
reappointment.
CR 208-04 RESOLVED, that having considered a communication from
the Mayor, dated April 22, 2004, wherein he has requested approval of the
reappointment of Dennis Kujawa, Bank One, Michigan, 28660
Northwestern Highway, Southfield, Michigan 48034, to the Livonia
Plymouth Road Development Authority as a business interest or owner for
a four-year term expiring May 16, 2008, pursuant to Section 3 16 060 of
the Livonia Code of Ordinances, as amended, and Act No 197 of the
Public Acts of Michigan of 1975, as amended, the Council does hereby
confirm and approve such reappointment.
CR 209-04 RESOLVED, that having considered the report and
recommendation of the City Engineer, dated April 26, 2004, approved for
submission by the Mayor, the Council does hereby amend Item No 5b of
Council Resolution No 177-03, adopted on April 23, 2003, so as to reduce
the financial assurances now on deposit with the city for general
improvements to $2,000 00 cash and sidewalk improvements to $0 00 in
the Boulder Pines Cluster Housing Development (site condominiums),
located in the Northwest 1/4 of Section 10, and the financial assurances
now on deposit with the City, if any, shall be reduced accordingly;
FURTHER, the Council does hereby authorize the release to Boulder
Pines, LLC, 33611 Plymouth Road, Livonia, Michigan 48150, the
proprietor of the Boulder Pines Cluster Homes, of the financial assurances
previously deposited with respect to general improvements in the amount
of $8,000 00 and sidewalk improvements in the amount of $2,000 00,
FURTHER, all other financial assurances now on deposit with the City
shall remain the same and unchanged
CR 210-04 RESOLVED, that having considered the report and
recommendation of the City Engineer (in the capacity as Street
Administrator), dated April 26, 2004, which bears the signature of the
Director of Finance, approved for submission by the Mayor, and submitted
pursuant to Act 54 of the Public Acts of Michigan of 1999, as amended,
with regard to the transfer of funds for the fiscal years ending November
30, 2003 and November 30, 2004 from the Major Street System to the
Local Street System, and having adequately maintained its major streets
and following an asset management process, the Council does hereby
authorize the transfer of a sum up to, but not to exceed, $800,000 00 in
each fiscal year from those funds designated for use on the major street
system to be used on the local street system (for major and local streets,
refer to the lists provided to the Department of Transportation in the
annual Act 51 Report), and the City Clerk and the Director of Finance are
hereby authorized to do all things necessary or incidental to fulfill the
purpose of this resolution
Regular Meeting of May 19, 2004 34627
CR 211-04 RESOLVED, that having considered the report and
recommendation of the Department of Law, dated April 27, 2004,
submitted pursuant to Council Resolution 136-04, in connection with the
letter from Susan Sampler, Engineer, Right-of-Way Department, SBC
Michigan, dated March 12, 2004, requesting the City grant a 20' x 20'
utility easement for an electronic equipment cabinet on City-owned
property described as Outlot B of the Bai-Lynn Park No 2, being a
subdivision of part of the Southwest 1/4 of Section 23, T 1 S , R. 9 E , City
of Livonia, Wayne County, Michigan, as recorded in Liber 84, Page 10
Wayne County Records, Parcel I D No 091-04-0063-000, located on the
south side of Lyndon, east of Merriman Road, the Council does hereby
authorize and grant the aforesaid easement to SBC Michigan, 54 North
Mill Street, Mailbox 30, Pontiac, Michigan 48342 for the consideration of
$8,500 00, the action herein being taken in order to best serve the
interests of the community, and the amount of $8,500 00 is hereby
authorized to be deposited into Account No 101-000-680-000 to be used
for maintenance of Bai-Lynn Park, FURTHER, the Council does hereby
request the Engineering Division to prepare and place in proper form an
easement for this purpose, FURTHER, the Council does hereby authorize
the Mayor and City Clerk, for and on behalf of the City of Livonia, to
execute a utility easement with respect to the aforesaid City-owned
property, subject to approval as to form by the Department of Law; and the
City Clerk is hereby requested to do all things necessary or incidental to
the full purpose of this resolution
CR 212-04 RESOLVED, that having considered a communication from
the City Planning Commission, dated April 23, 2004, which transmits its
resolution 04-49-2004 adopted on April 20, 2004, with regard to the
request for approval of landscaping submitted by Jon Massa, in
connection with Petition 2003-09-02-19, which previously received waiver
use approval on December 3, 2003 (Council Resolution 620-03) for the
automobile and light truck repair facility located at 30759 Eight Mile Road
in the Northwest 1/4 of Section 2, the Council does hereby concur in the
recommendation of the Planning Commission, and the Landscape Plan in
connection with Petition 2003-09-02-19 is hereby approved and granted,
subject to the following conditions
1 That the Landscape Plan prepared by Green Valley Landscaping,
as received by the Planning Commission on March 31, 2004, is
hereby approved and shall be adhered to,
2 That the height of the planted trees shall be measured from the top
of the root ball to the mid-point of the top leader;
3 That all disturbed lawn areas shall be sodded in lieu of
hydroseeding,
Regular Meeting of May 19, 2004 34628
4 That underground sprinklers are to be provided for all landscaped
and sodded areas, and all planted materials shall be installed to the
satisfaction of the Inspection Department and thereafter
permanently maintained in a healthy condition,
5 That all other conditions imposed by Council Resolution 620-03,
which granted waiver use approval for the operation of an
automobile and light truck repair facility, shall remain in effect to the
extent that they are not in conflict with the foregoing conditions, and
6 That the specific plan referenced in this approving resolution shall
be submitted to the Inspection Department at the time the building
permits are applied for
CR 213-04 RESOLVED, that having considered a communication from
the City Planning Commission, dated April 23, 2004, which transmits its
resolution 04-46-2004 adopted on April 20, 2004, with regard to the
request for approval of an entrance marker, submitted by Spalding
Properties, on behalf of Hunters Park Estates Site Condominiums, in
connection with Petition 2003-09-08-26, which previously received site
plan approval on November 19, 2003 (Council Resolution 612-03) for the
condominium development located on the south side of Plymouth Road
between Newburgh Road and Eckles Road in the Southeast 1/4 of
Section 30, the Council does hereby concur in the recommendation of the
Planning Commission and the entrance marker for Hunters Park Estates
Site Condominiums is hereby approved and granted, subject to the
following conditions
1 That the Entrance Marker illustrated on the plan marked Sheet 1
dated March 1, 2004, prepared by Spalding Properties, is hereby
approved and shall be adhered to,
2 That the brick used in the construction shall be full face 4 inch brick,
or in the case a precast concrete system or stone is used, it shall
meet ASTM C216 standards, and
3 That the specific plans referenced in this approving resolution shall
be submitted to the Inspection Department at the time the building
permits are applied for
A roll call vote was taken on the foregoing resolutions with the following result.
AYES Robinson, Knapp, Meakin, Kokenakes, Godfroid-Marecki, McCann
andTaylor
NAYS
Regular Meeting of May 19, 2004 34629
The City of Livonia Audit Reports for the Fiscal Year ended November 30,
2003, General Purpose Financial Statements, Federal Finance Assistance Programs
and 16th District Court, were received and placed on file for the information of the
Council
A communication from Finance, dated May 17, 2004, - Administrative
Reply — re City of Livonia's bond rating in comparison to other communities, and the
result that Livonia is rated in the third highest category, was received and placed on file
for the information of the Council
A communication from the Department of Law, dated March 2, 2004, re
proposed amendments to Title 13, Chapter 36 (Municipal Refuse Disposal System) of
the Livonia Code of Ordinances, as amended, regarding composting, was received and
placed on file for the information of the Council
An e-mail communication from DeeDee Robinski, dated May 16, 2004, re
her opinion not to limit composting in Livonia, was received and placed on file for the
information of the Council
A communication from the Law Department, dated May 10, 2004, re
allowing Mr and Mrs Rock, who reside at 37531 Sherwood Court, to retain their
existing compost bin as long as it is maintained in the proper manner, was received and
placed on file for the information of the Council
Councilmember Knapp gave first reading to the following
Ordinance
AN ORDINANCE AMENDING SECTION 040 AND ADDING
SECTION 245 TO TITLE 13, CHAPTER 36 (MUNICIPAL
REFUSE DISPOSAL SYSTEM) OF THE LIVONIA CODE
OF ORDINANCES, AS AMENDED
Regular Meeting of May 19, 2004 34630
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
CR 214-04 RESOLVED, that having considered the report and
recommendation of the Legislative Committee, dated May 4, 2004,
submitted pursuant to Council Resolution 293-03, with regard to
composting issues, the Council does hereby refer the subject of
composting to the Legislative Committee for tracking purposes
A communication from John E Sabty, West Second Street Associates,
LLC, dated April 21, 2004, transmitting a revised site plan, 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 215-04 RESOLVED, that having considered the report and
recommendation of the Committee of the Whole, dated May 11, 2004,
submitted pursuant to Council Resolution 110-04, in connection with
Petition 2004-01-08-02 submitted by John E Sabty, West Second Street
Associates, on behalf of the Social Security Administration, with regard to
a proposal to construct an office building located at 34010 Plymouth Road
in the Southeast 1/4 of Section 28, pursuant to the provisions set forth in
Section 18 58 of Zoning Ordinance No 543, as amended, the Council
does hereby concur in the recommendation of the City Planning
Commission and Petition 2004-01-08-02 is hereby approved and granted,
subject to the following conditions
1 That the Site Plan marked Sheet Si dated January 23, 2004, as
revised, prepared by Sedgewick & Ferweda Architects, is hereby
approved and shall be adhered to,
2 That the Landscape Plan marked Sheet S3 dated January 23,
2004, as revised, prepared by Sedgewick & Ferweda Architects, is
hereby approved and shall be adhered to,
Regular Meeting of May 19, 2004 34631
3 That the height of the planted trees shall be measured from the top
4 of the root ball to the mid-point of the top leader;
That all disturbed lawn areas shall be sodded in lieu of
hydroseeding,
5 That underground sprinklers are to be provided for all landscaped
and sodded areas, and all planted materials shall be installed to the
satisfaction of the Inspection Department and thereafter
permanently maintained in a healthy condition,
6 That the Exterior Building Elevation Plan marked Sheet A2 dated
January 23, 2004, as revised, prepared by Sedgewick & Ferweda
Architects, is hereby approved and shall be adhered to and shall
incorporate the changes as illustrated on the color rendering
attached to a letter from West Second Street Associates LLC to the
City Council, dated April 21, 2004,
7 That the brick used in the construction shall be full-face 4-inch
brick, or in the case a precast concrete system is used, it shall meet
ASTM C216 standards,
8 That all rooftop mechanical equipment shall be concealed from
public view on all sides Screening that shall be of a compatible
character, material and color to other exterior materials on the
building,
9 That the three walls of the trash dumpster area shall be constructed
out of the same brick used in the construction of the building or in
the event a poured wall is substituted, the wall's design, texture and
color shall match that of the building and the enclosure gates shall
be maintained and when not in use closed at all times,
10 That the petitioner shall secure the necessary storm water
management permits from Wayne County, the City of Livonia,
and/or the State of Michigan,
11 That all light fixtures shall not exceed 20 feet in height and shall be
aimed and shielded so as to minimize stray light trespassing across
property lines and glaring into adjacent roadway;
12 That the petitioner shall correct to the Fire Department's
satisfaction the following as outlined in the correspondence dated
January 30, 2004
Regular Meeting of May 19, 2004 34632
• That if the building is to be provided with an automatic sprinkler
system, a hydrant shall be located between 50 feet and 100 feet
from the Fire Department connection,
13 That only conforming signage is approved with this petition, and
any additional signage shall be separately submitted for review and
approval by the Planning Commission and City Council,
14 That no LED lightband or exposed neon shall be permitted on this
site, including but not limited to the building or around the windows,
15 That the above conditions only pertain to the eastern 154 feet of the
site and only for the building identified on the plans as Phase I
"Proposed Building" and are in no way applicable to the western
148 7 feet of the site or the building identified on the plans as
Phase II "Future Proposed Building" and
16 That the specific plans referenced in this approving resolution shall
be submitted to the Inspection Department at the time the building
permits are applied for
A communication from the Department of Public Works, Public
Service Division, dated April 2, 2004, - Administrative Response - re Performance
Contracting Program with Honeywell, Inc , and highlighting the key elements of this
program, was received and placed on file for the information of the Council (CR 446-
03)
On a motion by Kokenakes, seconded by Meakin, and unanimously
adopted, it was
CR 216-04 RESOLVED, that having considered the report and
recommendation of the Committee of the Whole, dated May 11, 2004,
submitted pursuant to Council Resolution 446-03, in connection with the
request that City Council authorize payment for the Guarantee Services
Program provided by Honeywell, Inc , whereby Honeywell, Inc will provide
quarterly energy avoidance reports to the City and will train and provide
assistance to City staff in managing the heating, venting and air
conditioning equipment in 18 City facilities, the Council does hereby
authorize payment to Honeywell, Inc , 23978 Research Drive, Farmington
Hills, Michigan 48335, for the Guarantee Services Program in the amount
of $23,539 91 for services rendered through December 30, 2003, as well
Regular Meeting of May 19, 2004 34633
as $6,619 11 for final invoice reconciliation and audit services (only) for
the first three months of this calendar year for a total amount of
$30,159 02, FURTHER, the Council does hereby authorize an expenditure
in the amount of $30,159 02 from funds previously budgeted in Account
No 101-447-818-000 (General Fund, Public Service Building
Maintenance) for this purpose, FURTHER, the Council does hereby
approve the continuation of the Guarantee Services Program through
November 30, 2004, in the amount of $4,879 04 per month for the eight
month period April 1, 2004 through November 30, 2004 from funds
previously budgeted in Account No 101-447-818-000 (General Fund,
Public Service Building Maintenance) for this purpose
A Site Plan marked Sheet 1 , dated May 12, 2004, as revised, prepared by
S & S Architects on behalf of Mr Mahmoud Elzein re service station renovations at
20595 Farmington Road, Livonia, 48152, was received and placed on file for the
information of the Council (Pet. 2004-02-08-04)
On a motion by Meakin, seconded by Kokenakes, and unanimously
adopted, it was
CR 217-04 RESOLVED, that having considered the report and
recommendation of the Committee of the Whole, dated May 11, 2004,
submitted pursuant to Council Resolution 149-04, in connection with
Petition 2004-02-08-04 submitted by Eight and Farmington Service with
regard to a proposal to construct additions to and renovate the exterior of
the service station located at 20595 Farmington Road, at the southwest
corner of Farmington and Eight Mile Roads in the Northeast 1/4 of Section
4, pursuant to the provisions set forth in Section 18 58 of Zoning
Ordinance No 543, as amended, the Council does hereby concur in the
recommendation of the City Planning Commission and Petition 2004-02-
08-04 is hereby approved and granted, subject to the following conditions
1 That the Site Plan marked Sheet 1 dated May 12, 2004, as revised,
prepared by S & S Architects, is hereby approved and shall be
adhered to,
2 That a fully detailed landscape plan shall be submitted for approval
by the Planning Commission and City Council within 60 days
following approval of this petition by the City Council,
2
Regular Meeting of May 19, 2004 34634
3 That the Exterior Building Elevation Plan marked Sheet 2 dated
February 20, 2004, prepared by S & S Architects, is hereby
approved and shall be adhered to,
4 That the brick used in the construction shall be full face 4 inch brick
or in the case a precast concrete system is used, it shall meet
ASTM C216 standards,
5 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,
6 That the petitioner shall secure the necessary storm water
management permits from Wayne County, the City of Livonia,
and/or the State of Michigan,
7 That the light poles shall be examined by the Inspection
Department and shall be repaired, repainted or replaced as
necessary;
8 That any new 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;
9 That the three walls of the trash dumpster area shall be constructed
out of the same brick used in the construction of the building or in
the event a poured wall is substituted, the wall's design, texture and
color shall match that of the building, and the enclosure gates shall
be maintained and when not in use closed at all times,
10 That no outside storage, placement or display of merchandise shall
be permitted at any time on this site, however, the foregoing
prohibition shall not apply to the display, on the pump islands only,
of oil based products as permitted in Section 11 03(a) of the Zoning
Ordinance,
11 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,
12 That no part of the pump island canopy fascia, with the exception of
signage, shall be illuminated,
Regular Meeting of May 19, 2004 34635
13 That no LED lightband or exposed neon shall be permitted on this
site including, but not limited to, the pump island canopy, building or
around the windows,
14 That this approval is subject to the petitioner being granted a
variance from the Zoning Board of Appeals for adding to a
nonconforming building and any conditions related thereto,
15 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;
16 That the two parking spaces in the northwest corner and three
parking spaces in the southwest corner of this property shall be
eliminated, and
17 That the revised sign plan, with 32 s f of signage with a brick base
to match the brick on the building and a height not to exceed 7' in
height, is hereby approved and shall be adhered to
Councilmember McCann gave first reading to the following
Ordinance
AN ORDINANCE AMENDING SECTION 18 58 OF
ARTICLE XVIII OF ORDINANCE NO 543, AS AMENDED,
KNOWN AND CITED AS "THE CITY OF LIVONIA ZONING
ORDINANCE" (Petition 2003-12-06-09)
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
Councilmember McCann invoked the Emergency Clause and gave
second reading to the foregoing Ordinance and a roll call vote was taken thereon
with the following result:
AYES Robinson, Knapp, Meakin, Kokenakes, Godfroid-Marecki,
McCann and Taylor
NAYS None
Regular Meeting of May 19, 2004 34636
The President declared the foregoing Ordinance duly adopted, and would become
effective on publication
Councilmember McCann gave first reading to the following
Ordinance
AN ORDINANCE AMENDING SECTION 18 62 OF
ARTICLE XVIII OF ORDINANCE NO 543, AS AMENDED,
KNOWN AND CITED AS "THE CITY OF LIVONIA ZONING
ORDINANCE" (Petition 2003-12-06-09)
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
Councilmember McCann invoked the Emergency Clause and gave
second reading to the foregoing Ordinance and a roil call vote was taken thereon
with the following result:
AYES Robinson, Knapp, Meakin, Kokenakes, Godfroid-Marecki,
McCann and Taylor
NAYS None
The President declared the foregoing Ordinance duly adopted, and would become
effective on publication
Councilmember McCann gave first reading to the following
Ordinance
AN ORDINANCE AMENDING SECTION 19 03 OF
ARTICLE XIX OF ORDINANCE NO 543, AS AMENDED,
KNOWN AND CITED AS "THE CITY OF LIVONIA ZONING
ORDINANCE" (Petition 2003-12-06-09)
Regular Meeting of May 19, 2004 34637
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
Councilmember McCann invoked the Emergency Clause and gave
second reading to the foregoing Ordinance and a roll call vote was taken thereon
with the following result:
AYES Robinson, Knapp, Meakin, Kokenakes, Godfroid-Marecki,
McCann and Taylor
NAYS None
The President declared the foregoing Ordinance duly adopted, and would become
effective on publication
Councilmember McCann gave first reading to the following
Ordinance
AN ORDINANCE AMENDING SECTION 19 08 OF
ARTICLE XIX OF ORDINANCE NO 543, AS AMENDED,
KNOWN AND CITED AS "THE CITY OF LIVONIA ZONING
ORDINANCE" (Petition 2003-12-06-09)
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
Councilmember McCann invoked the Emergency Clause and gave
second reading to the foregoing Ordinance and a roll call vote was taken thereon
with the following result:
AYES Robinson, Knapp, Meakin, Kokenakes, Godfroid-Marecki,
McCann and Taylor
Regular Meeting of May 19, 2004 34638
NAYS None
The President declared the foregoing Ordinance duly adopted, and would become
effective on publication
Councilmember McCann gave first reading to the following
Ordinance
AN ORDINANCE AMENDING SECTION 20 03 OF
ARTICLE XX OF ORDINANCE NO 543, AS AMENDED,
KNOWN AND CITED AS "THE CITY OF LIVONIA ZONING
ORDINANCE" (Petition 2003-12-06-09)
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
Councilmember McCann invoked the Emergency Clause and gave
second reading to the foregoing Ordinance and a roll call vote was taken thereon
with the following result.
AYES Robinson, Knapp, Meakin, Kokenakes, Godfroid-Marecki,
McCann and Taylor
NAYS None
The President declared the foregoing Ordinance duly adopted, and would become
effective on publication
Councilmember McCann gave first reading to the following
Ordinance
AN ORDINANCE AMENDING SECTION 2110 OF
ARTICLE XXI OF ORDINANCE NO 543, AS AMENDED,
KNOWN AND CITED AS "THE CITY OF LIVONIA ZONING
ORDINANCE" (Petition 2003-12-06-09)
Regular Meeting of May 19, 2004 34639
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
Councilmember McCann invoked the Emergency Clause and gave
second reading to the foregoing Ordinance and a roll call vote was taken thereon
with the following result:
AYES Robinson, Knapp, Meakin, Kokenakes, Godfroid-Marecki,
McCann and Taylor
NAYS None
The President declared the foregoing Ordinance duly adopted, and would become
effective on publication
Councilmember McCann gave first reading to the following
Ordinance
AN ORDINANCE AMENDING SECTION 23 03 OF
ARTICLE XXIII OF ORDINANCE NO 543, AS AMENDED,
KNOWN AND CITED AS "THE CITY OF LIVONIA ZONING
ORDINANCE" (Petition 2003-12-06-09)
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
Councilmember McCann invoked the Emergency Clause and gave
second reading to the foregoing Ordinance and a roll call vote was taken thereon
with the following result:
AYES Robinson, Knapp, Meakin, Kokenakes, Godfroid-Marecki,
McCann and Taylor
NAYS None
Regular Meeting of May 19, 2004 34640
The President declared the foregoing Ordinance duly adopted, and would become
effective on publication
Councilmember Meakin gave first reading to 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)
The foregoing Ordinance, when adopted, is filed in the Journal of
Ordinances in the Office of the City Clerk and is the same as if word for word repeated
herein The above Ordinance was placed on the table for consideration at the next
regular meeting
A communication from the Inspection Department, dated May 6, 2004, re
a revision to a proposed Ordinance amendment pertaining to permits and inspection
fees, re a correction in a mathematical calculation error in Section 15 56 020 A, was
received and placed on file for the information of the Council
Councilmember Knapp gave first reading to the following
Ordinance
AN ORDINANCE AMENDING TITLE 15, CHAPTER 56
(PERMITS AND INSPECTION FEES) 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
Regular Meeting of May 19, 2004 34641
Councilmember Meakin took from the table, for second
reading and adoption, the following Ordinance
AN ORDINANCE AMENDING SECTION 10 02 OF ARTICLE X OF
ORDINANCE NO 543, AS AMENDED, KNOWN AND CITED AS
"THE CITY OF LIVONIA ZONING ORDINANCE" (Petition 2003-
11-06-07)
A roll call vote was taken on the foregoing Ordinance with the following result.
AYES Robinson, Knapp, Meakin, Kokenakes, Godfroid-Marecki, McCann
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 218-04 RESOLVED, that having considered an appeal submitted by
Robert Tomanovich, Robert's Discount Tree Service, 19726 Purlingbrook,
Livonia, Michigan 48152, dated April 30, 2004, with respect to the decision
of the City Clerk to deny a business license renewal for Robert's Discount
Tree Service, the Council does hereby grant this appeal and the license is
hereby granted, with the understanding that if the State of Michigan finds
any violations with respect to Robert's Discount Tree Service, the City's
license for this business will be revoked
A communication from the Department of Law, dated May 13, 2004, re
the City's Noise Ordinance as it relates to the Red Cross request to use a mobile
speaker for public announcements, was received and placed on file for the information
of the Council
A communication from Bruce Newman, MD, Medical Director of the
American Red Cross, dated May 12, 2004, re suggestions for a less intrusive
Regular Meeting of May 19, 2004 34642
approach for using megaphone recruitment for blood drives, 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 219-04 RESOLVED, that having considered a letter from Bruce
Newman, MD, Medical Director, American Red Cross, dated April 27,
2004, requesting approval to make public announcements to Livonia
residents within a six (6) square mile area between Schoolcraft and Seven
Mile Roads and between Merriman and Newburgh Roads utilizing a
megaphone regarding blood shortages in the summer months during the
hours of 6 00 p m to 8 00 p m , the Council does hereby refer the subject
of other means of communication to residents regarding blood shortages,
i e , radio, to the Administration for its report and recommendation
On a motion by Meakin, seconded by Kokenakes, and unanimously
adopted, it was
CR 220-04 RESOLVED, that having considered a letter from Bruce
Newman, MD, Medical Director, American Red Cross, dated April 27,
2004, requesting approval to make public announcements to Livonia
residents within a six (6) square mile area between Schoolcraft and Seven
Mile Roads and between Merriman and Newburgh Roads utilizing a
megaphone regarding blood shortages in the summer months during the
hours of 6 00 p m to 8 00 p m , the Council does hereby deny this
request.
Douglas Day, 14364 Gary Lane, Livonia, 48154, spoke in opposition to using a
megaphone regarding blood shortages on public streets
A communication from the Department of Public Safety, Livonia Fire &
Rescue, dated May 17, 2004, re clarification of the Fire Department's request for
purchase of portable radios out of funds made available to the City as a result of a
GASB 34 accounting change for sick and vacation accruals, was received and placed
on file for the information of the Council
On a motion by Knapp, seconded by Kokenakes, and unanimously
Regular Meeting of May 19, 2004 34643
adopted, it was
CR 221-04 RESOLVED, that having considered the report and
recommendation of the Director of Finance, dated April 21, 2004,
approved for submission by the Mayor, requesting approval of capital
outlay recommendations and budget adjustments for various departments,
due to one-time funds made available to the City as a result of GASB 34
accounting change for sick and vacation accruals, the Council does
hereby approve the following budget adjustments for Capital Outlay
purchases as described in the aforesaid report list, such purchases to
require Council approval where necessary.
Fund Amount
Capital Project (401) $675,000 00
Public Safety Communications (261) 85,100 00
Adjudicated Forfeitures (265) 100,000 00
Library Fund (271) 32,500 00
Community Recreation (208) 83,000 00
Cable (297) 122,440 00
Total $1,098,040 00
On a motion by Knapp, seconded by Robinson, and unanimously adopted,
it was
CR 222-04 RESOLVED, that having considered the report and
recommendation of the Fire Marshal on behalf of the Fire Chief, dated
April 29, 2004, which bears the signature of the Director of Finance and is
approved for submission by the Mayor, the Council does hereby accept
the quotes of FMR, Inc , 23 Turkeyfoot Road, Lynchburg, Virginia 24502 in
the amount of $50,874 00 to purchase radios, antennas and chargers,
Batteryzone, P 0 Box 6435, Bridgewater, New Jersey 08807 in the
amount of$4,380 00 for spare batteries, and Procomm Americas Ltd ,
P 0 Box 392 (925 Golden Beech Drive), Brookville, Ohio 45309 in the
amount of $27,972 00 for helmet-mounted communication equipment, all
such supplies to be used for the Fire Department, FURTHER, the amount
of $83,226 00 is hereby authorized to be expended from the Public Safety
Communications Fund (261) for this purpose, FURTHER, the Council
does hereby authorize the purchase of said items without competitive
bidding for the reasons indicated in the aforesaid communication, and
such action is taken in accordance with Section 3 04 140D4 of the Livonia
Code of Ordinances, as amended
1
Regular Meeting of May 19, 2004 34644
A communication from George La Forest, dated May 14, 2004, re
answering concerns voiced by City Council relative to a proposed site plan to construct
a warehouse addition to a commercial building at 34957 Plymouth Road, was received
and placed on file for the information of the Council (Petition 2004-03-08-05)
A revised Site and Landscape Plan, dated May 18, 2004, prepared by
G.A.V & Associates for Multistate Transmission, re constructing a warehouse addition
to a commercial building at 34957 Plymouth Road, was received and placed on file for
the information of the Council (Petition 2004-03-08-05)
On a motion by Meakin, seconded by Kokenakes, and unanimously
adopted, it was
CR 223-04 RESOLVED, that having considered a communication from
the City Planning Commission, dated April 22, 2004, which transmits its
resolution 04-43-2004, adopted on April 20, 2004, with regard to Petition
2004-03-08-05 submitted by George LaForest, on behalf of Multistate
Transmission, requesting site plan approval in connection with a proposal
to construct a warehouse addition to the commercial building located at
34957 Plymouth Road in the Northwest 1/4 of Section 33, pursuant to the
provisions set forth in Section 18 58 of Ordinance No 543, as amended,
the Council does hereby concur in the recommendation of the Planning
Commission and Petition 2004-03-08-05 is hereby approved and granted,
subject to the following conditions
1 That the addition shall be for storage or warehouse space only No
commercial use, including Multistate Transmission, shall be
permitted to expand into any part of this addition,
2 That the Site and Landscape Plan marked Sheet SD-1 dated May
18, 2004, as revised, prepared by G.A.V & Associates, is hereby
approved and shall be adhered to,
3 That the height of the planted trees shall be measured from the top
of the root ball to the mid-point of the top leader;
4 That all disturbed lawn areas shall be sodded in lieu of
hydroseeding,
Regular Meeting of May 19, 2004 34645
5 That underground sprinklers are to be provided for all landscaped
and sodded areas, and all planted materials shall be installed to the
satisfaction of the Inspection Department and thereafter
permanently maintained in a healthy condition,
6 That the Exterior Building Elevation Plan marked Sheet A-1 dated
March 21, 2001, as revised, prepared by G.A.V & Associates, is
hereby approved and shall be adhered to,
7 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,
8 That the three walls of the trash dumpster area shall be constructed
out of the same brick used in the construction of the building or in
the event a poured wall is substituted, the wall's design, texture and
color shall match that of the building and the enclosure gates shall
be maintained and when not in use closed at all times,
9 That the petitioner shall secure the necessary storm water
management permits from Wayne County, the City of Livonia,
and/or the State of Michigan,
10 That all light fixtures shall not exceed 20 feet in height and shall be
aimed and shielded so as to minimize stray light trespassing across
property lines and glaring into adjacent roadway;
11 That the petitioner shall correct to the Inspection Department's
satisfaction the following as outlined in the correspondence dated
April 19, 2004
• That the junk and/or inoperable unlicensed vehicles parked on
the site at the west end shall be removed,
• That the rental equipment parked in the rear area shall be
removed,
• That the site's entire parking lot shall be repaired, repaved,
resealed and double striped,
• That all conditions of variance appeal case 2001-07-88 shall be
conformed to,
M
Regular Meeting of May 19, 2004 34646
12 That the petitioner shall correct to the Police Department's
satisfaction the following as outlined in the correspondence dated
March 23, 2004
• That all handicap spaces shall be identified and comply with the
Michigan Barrier Free Code,
13 That no vehicles shall be left parked in front of the building after
business hours, weekends or holidays,
14 That no outdoor storage, placement or display of merchandise,
parts, transmission, oil or any other type of fluids shall be permitted
at any time,
15 That no signs, either freestanding or wall mounted, are approved
with this petition,
16 That no LED lightband or exposed neon shall be submitted on this
site including, but not limited to, the building or around the windows,
and
17 That the specific plans referenced in this approving resolution shall
be submitted to the Inspection Department at the time the building
permits are applied for
A revised site plan for National City Bank, 19450 Haggerty Road, Livonia,
48152, received on May 12, 2004, prepared by GPD Associates, was received and
placed on file for the information of the Council (Petition 2004-03-08-06)
On a motion by Knapp, seconded by Meakin, and unanimously adopted, it
was
CR 224-04 RESOLVED, that having considered a communication from
the City Planning Commission, dated April 23, 2004, which transmits its
resolution 04-44-2004, adopted on April 20, 2004, with regard to Petition
2004-03-08-06 submitted by Jonna Companies, on behalf of National City
Bank, requesting site plan approval in connection with a proposal to
construct a bank on property located at 19450 Haggerty Road in the
Southwest 1/4 of Section 6, pursuant to the provisions set forth in Section
18 58 of Ordinance No 543, as amended, the Council does hereby
concur in the recommendation of the Planning Commission and Petition
2004-03-08-06 is hereby approved and granted, subject to the following
conditions
Regular Meeting of May 19, 2004 34647
1 That the Site Plan marked Sheet C2 dated April 20, 2004, as
revised, prepared by GPD Associates, is hereby approved and
shall be adhered to,
2 That appropriate recordable legal instrumentation, such as a cross
parking agreement, that gives notice and outlines the terms of how
the subject property(s) would share parking, be supplied to the City;
3 That the Landscape Plan marked Sheet L1 dated March 11, 2004,
prepared by GPD Associates, is hereby approved and shall be
adhered to,
4 That the height of the planted trees shall be measured from the top
of the root ball to the mid-point of the top leader;
5 That all disturbed lawn areas shall be sodded in lieu of
hydroseeding,
6 That underground sprinklers are to be provided for all landscaped
and sodded areas, and all planted materials shall be installed to the
satisfaction of the Inspection Department and thereafter
permanently maintained in a healthy condition,
7 That the Exterior Building Elevation Plans marked Sheet A200 and
A201, both dated March 1, 2004, as revised, prepared by GPD
Associates, is hereby approved and shall be adhered to,
8 That the brick used in the construction shall be full face 4 inch brick,
or in the case a precast concrete system is used, it shall meet
ASTM C216 standards,
9 That all rooftop mechanical equipment shall be concealed from
public view on all sides by screening that shall be of a compatible
character, material and color to other exterior materials on the
building,
10 That the three walls of the trash dumpster area shall be constructed
out of the same brick used in the construction of the building or in
the event a poured wall is substituted, the wall's design, texture and
color shall match that of the building and the enclosure gates shall
be maintained and when not in use closed at all times,
11 That the petitioner shall secure the necessary storm water
management permits from Wayne County, the City of Livonia,
and/or the State of Michigan,
Regular Meeting of May 19, 2004 34648
12 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;
13 That three wall signs, not to exceed a combined total of 60 square
feet, is hereby approved, further, this site shall not be permitted a
freestanding identification sign,
14 That this approval is subject to the petitioner being granted a
variance from the Zoning Board of Appeals for excess signage and
any conditions related thereto,
15 That no LED lightband or exposed neon shall be permitted on this
site including, but not limited to, the building or around the windows,
16 That any additional signage shall come back before the Planning
Commission and City Council for their review and approval, and
17 That the specific plans referenced in this approving resolution shall
be submitted to the Inspection Department at the time the building
permits are applied for
On a motion by Robinson, seconded by Knapp, and unanimously
adopted, it was
CR 225-04 RESOLVED, that having considered a communication from
the City Assessor, dated March 15, 2004, approved for submission by the
Mayor, with regard to a request from Eric Shook, 9397 Knolson, Livonia,
Michigan 48150, and in accordance with the provisions of 1967 PA 288,
as amended, as well as Section 18 46 of Ordinance No 543, as amended,
the Council does hereby determine to deny the request for dividing and
combining Tax Item Nos 46-084-01-0007-002, 46-084-01-0008-000, 46-
084-01-0009-001 and 46-084-01-0010-002 into three parcels since the
same would be in violation of the City's zoning ordinance and law, as well
as for the reason that the proposed lot split would not be consistent with
good planning and zoning practice
On a motion by Knapp, seconded by Kokenakes, it was
CR 226-04 RESOLVED, that having considered a communication from
the City Planning Commission, dated March 25, 2004, which sets forth its
resolution 03-35-2004 adopted on March 23, 2004, with regard to Petition
2004-01-01-02, submitted by Hasan Rakipi for a change of zoning of
property located at 9081 Middlebelt, on the west side of Middlebelt Road
between Dover Avenue and Grandon Avenue in the Southeast 1/4 of
Regular Meeting of May 19, 2004 34649
Section 35, from OS to R-C, and the Council having conducted a public
hearing with regard to this matter on April 28, 2004, the Council does
hereby refer this item to the Committee of the Whole for its report and
recommendation
A roll call vote was taken on the foregoing resolution with the following result:
AYES Knapp, Meakin, Kokenakes, Godfroid-Marecki, McCann and
Taylor
NAYS Robinson
On a motion by Kokenakes, seconded by Knapp, and unanimously
adopted, it was
CR 227-04 RESOLVED, that having considered a communication from
the Department of Law, dated May 6, 2004, approved for submission by
the Mayor, transmitting for Council acceptance a Quit Claim Deed, more
particularly described as
Quit Claim Deed dated Apr l 26, 2004, executed by Yale
Bernstein Trustee and Martin Bernstein Trustee, to the City
of Livonia, for
Plymouth Road right-of-way
The South 60 feet of the following described parcel
That part of the SW 1/4 of Section 25, 1 1 S , R.9 E , City of
Livonia, Wayne County, Michigan, described as beginning at
a point south 87°13'00" East, 663 65 feet from the southwest
corner of Section 25 and proceeding North 02°54'30" East,
322 feet; thence South 87°00'13" East, 195 feet; thence
South 02°54'30" West, 322 feet; thence North 87°13'00"
West, 195 feet to the point of beginning
(Tax parcel No 46-099-99-0020-000)
the Council does hereby, for and in behalf of the City of Livonia, accept
the aforesaid Quit Claim Deed and the Mayor and City Clerk are hereby
requested to execute a Deed of Conveyance of the aforesaid Plymouth
Road right-of-way to the Michigan Department of Transportation, subject
to approval as to form by the Department of Law; and the City Clerk is
hereby requested to have the same recorded in the Office of the Register
Regular Meeting of May 19, 2004 34650
of Deeds and to do all other things necessary or incidental to fulfill the
purpose of this resolution
On a motion by Knapp, seconded by Meakin, and unanimously adopted,
this 1,513th Regular Meeting of the Council of the City of Livonia was adjourned at 9 00
p m , May 19, 2004
Val Vandersloot, City Clerk
1