HomeMy WebLinkAboutCOUNCIL MINUTES 2003-11-05 MINUTES OF THE ONE THOUSAND FIVE HUNDREDTH
REGULAR MEETING OF NOVEMBER 5, 2003
On November 5, 2003, the above meeting was held at the City Hall, 33000
Civic Center Drive, Livonia, Michigan, and was called to order by the President of the
Council at 8.00 p m Council Vice-President Knapp delivered the invocation
Roll was called with the following result: Donald Knapp, Val Vandersloot,
Linda Dolan, Gerald Taylor, Joe Laura, Maureen Miller Brosnan and Jack Erigebretson
Absent - None
Elected and appointed officials present: Robert Schron, City Engineer;
Mark Taormina, City Planner; Sean Kavanagh, City Attorney; Karen Szymula, Director
of Legislative Affairs, Linda McCann, Director of Community Resources and Ron
Reinke, Superintendent of Parks and Recreation
On a motion by Taylor, seconded by Vandersloot, and unanimously
adopted, it was
CR 552-03 RESOLVED, that the minutes of the 1,499th Regular Meeting
of the Council held October 22, 2003 are hereby approved as submitted
During the audience communication portion of the agenda, Kathryne
Olver, 15749 Doris, Livonia, 48154 asked questions about the City getting private or
corporate sponsorship for the Christmas Tree Lighting Ceremony Councilmember
Laura asked about the latest possible date to put up the decorations Council President
Engebretson responded that Mayor Kirksey has been working on the subject matter of
getting donations of non-public funds for this holiday tradition, and asked the Director of
Legislative Affairs to find out the time deadline for putting up decorations
Council Vice-President Knapp announced that it is possible to subscribe
for agendas of City Council meetings from the City website, and he thanked Karen
Szymula, her staff, Dan Putman and the IT staff for all their hard work in this area He
was pleased to announce that the City of Livonia was awarded a plaque for the 2003
Best IT Project e-packets from the Michigan Association of Governmental Computer
Users
Regular Meeting of November 5, 2003 34327
Council Vice-President Knapp also offered congratulations to the newly
elected officials of the City, namely.
Jack Engebretson — Mayor elect
Val Vandersloot, City Clerk elect
Linda Grimsby, City Treasurer
Gerald Taylor, Council President elect
Brian Meakin, Tom Robinson, and Frank Kokenakes, Councilmembers
elect.
He also wished former Councilmember Brian Duggan and Frank Kinney
well
A communication from the Department of Finance, dated October 20,
2003, re forwarding various financial statements of the City of Livonia for the month
ending September 30, 2003, was received and placed on file for the information of the
Council
On a motion by Brosnan, seconded by Laura, it was
CR 553-03 RESOLVED, that having considered a letter from Brenda
Uren, on behalf of Botsford Elementary Support Team, dated October 16,
2003, which requests permission to display wire signs advertising Botsford
Elementary School's 2nd Annual Bazaar to be conducted on Saturday,
November 15, 2003, which signs are to be installed no earlier than
Monday, November 10, 2003, and removed no later than Saturday,
November 15, 2003, at various locations in the City, the Council does
hereby grant and approve this request in the manner and form herein
submitted
CR 554-03 RESOLVED, that having considered a request from Council
President Engebretson with respect to the possible installation of a
flashing light on Middlebelt Road near Clarenceville High School when
school is in session, the Council does hereby refer this item to the Traffic
Commission for its report and recommendation
CR 555-03 RESOLVED, that having considered the report and
recommendation of the Superintendent of Public Service and the Director
of Public Works, dated October 6, 2003, which bears the signature of the
Director of Finance and is approved for submission by the Mayor, the
Council does hereby accept the unit price bid of Greener Still, Inc., 14999
Kinloch, Redford, Michigan 48239, for completing all work required in
connection with the City's 2004 Tree and Stump Removal Program for an
Regular Meeting of November 5, 2003 34328
estimated total cost not to exceed $140,541 00, said estimated cost and
unit prices having been in fact the lowest bid received for this item,
FURTHER, the Council does hereby authorize an expenditure in the
amount of $140,541 00 from funds already budgeted in Account No 205-
527-818-045 (Municipal Refuse Fund) 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 bidder and to do all other things necessary or incidental
to the full performance of this resolution
CR 556-03 RESOLVED, that having considered a letter from the
Michigan Liquor Control Commission, dated December 6, 2002, and the
report and recommendation of the Chief of Police, dated October 6, 2003,
approved for submission by the Mayor, the Council does hereby approve
of the request from Nasrat M Kallabat for transfer of ownership of a 2001
Specially Designated Distributor License Only, in escrow, from Drug &
Party Fair, Inc , and to transfer location from 27462 Schoolcraft Road,
Livonia, Michigan 48150, Wayne County, to a business located at 38340
Joy Road, Livonia, Michigan 48150, Wayne County, to be held in
conjunction with an existing 2002 Specially Designated Merchant License,
and the City Clerk is hereby requested to forward a certified copy of this
resolution to the Michigan Liquor Control Commission
CR 557-03 RESOLVED, that having considered a letter from the
Michigan Liquor Control Commission, dated July 25, 2003, and the report
and recommendation of the Chief of Police, dated October 8, 2003,
approved for submission by the Mayor, the Council does hereby approve
of the request from Livonia Robin, Inc for transfer of ownership of a 1999
Class C Licensed Business (in escrow) from Detroit Sportservice, Inc. and
to transfer location (Governmental Unit) (MCL 436 1531(1)) from Tiger
Stadium, Michigan & Trumbull, Detroit, MI 48216, Wayne County for a
business located at 16995 S Laurel Park Drive, Livonia, Michigan 48154,
Wayne County; and for a new Entertainment Permit without Dressing
Rooms and Official Permit (Food), and the City Clerk is hereby requested
to forward a certified copy of this resolution to the Michigan Liquor Control
Commission
CR 558-03 RESOLVED, that having considered a letter from the
Michigan Liquor Control Commission, dated July 25, 2003, and the report
and recommendation of the Chief of Police, dated October 15, 2003,
approved for submission by the Mayor, the Council does hereby approve
of the request from the Board of Trustees of Schoolcraft College, for a
new outdoor service area in conjunction with a 2003 Class C Licensed
Business with Dance-Entertainment Permit and Official Permit (Food) for a
business located at 18600 Haggerty Road, Livonia, Michigan 48152,
Regular Meeting of November 5, 2003 34329
Wayne County; and the City Clerk is hereby requested to forward a
certified copy of this resolution to the Michigan Liquor Control
Commission
CR 559-03 RESOLVED, that having considered the report and
recommendation of the Chief of Police, dated October 13, 2003, which
bears the signature of the Director of Finance and is approved for
submission by the Mayor, the Council does hereby accept the quote of
NuSoft Solutions, Inc , 6905 Telegraph Road, Suite 250, Bloomfield Hills,
Michigan 48301 to implement the final phase of Project Management
Services for the Mobile and Stationary Information System for the Division
of Police for the period December 1, 2003 through November 30, 2004, for
the total cost for this period in the amount of $36,000 00, from funds
already budgeted in Account Number 223-769-987-000 (2002 Local Law
Enforcement Block Grant) for this purpose, this action being taken since
the original vendor, Analytical Systems, Inc has filed for Chapter 11
bankruptcy and is unable to complete the third year of the contract
previously authorized by Council Resolutions 480-00 and 563-01,
FURTHER, the Council does, for and on behalf of the City of Livonia,
authorize the Mayor and City Clerk to execute the said contract in the
manner and form herein submitted, subject to approval as to form by the
Department of Law; FURTHER, the Council does hereby authorize the
action herein without competitive bidding in accordance with Section
3 04 140D2 of the Livonia Code of Ordinances
CR 560-03 RESOLVED, that having considered a communication from
the Chief of Police, dated October 15, 2003, which bears the signature of
the Director of Finance and is approved for submission by the Mayor, the
Council does, for and on behalf of the City of Livonia, accept the 2003
Local Law Enforcement Block Grant funds in the amount of $34,669 00,
the same to be deposited in and credited to Account No 223-633-558-
080, FURTHER, the Council does hereby authorize the Police
Department's required matching funds in the amount of $3,852 00 to be
debited from Account Number 265-334-987-000 (Federal Forfeiture) and
credited to Account No 223-633-558-080 for this purpose
CR 561-03 RESOLVED, that having considered the report and
recommendation of the Director of Public Works and the City Engineer,
dated September 23, 2003, which bears the signature of the Director of
Finance and is approved for submission by the Mayor, the Council does
hereby appropriate and authorize an additional expenditure in the amount
of $19,900 00 to be paid to Imaging Subsurface, Inc , 24174 Haggerty
Road, Farmington Hills, Michigan 48335, in connection with the
Agreement previously approved in Council Resolution 264-03 for testing
services to include additional work involved with the 2003 Asphalt and
Concrete Reconstruction Projects, (including Bredin Court, Clarita,
Regular Meeting of November 5, 2003 34330
Norwich and Pickford), FURTHER, the Council does hereby appropriate
and authorize an expenditure in an amount not to exceed $19,900 00 from
the Road, Sidewalk and Tree Fund for this purpose
CR 562-03 RESOLVED, that having considered the report and
recommendation of the City Engineer and the Director of Public Works,
dated September 23, 2003, which bears the signature of the Director of
Finance and is approved for submission by the Mayor, to which is
attached a proposed Agreement for Municipal Street Lighting between the
City of Livonia and Detroit Edison Company, and having considered the
necessity for the installation of 14 light fixtures on four existing and three
new wood poles on Schoolcraft Road, west of 1-96, the Council does
hereby authorize the City Engineer, for and on behalf of the City of
Livonia, to execute this Agreement in the manner and form herein
submitted, FURTHER, the Council does hereby appropriate and authorize
the expenditure of a sum not to exceed $7,025 90 from the Michigan
Transportation Fund (Major Road Account) for this work, and the City
Clerk is hereby requested to do all other things necessary or incidental to
the full performance of this resolution
BROWNFIELD REDEVELOPMENT ZONE
City of Livonia (the "Community")
Wayne County, Michigan
Pursuant to and in accordance with the provisions of Act 381 of the
Public Acts of the State of Michigan 1996, as amended (the `Act')
CR 563-03 WHEREAS, Wayne County has established the Wayne
County Brownfield Redevelopment Authority (the "Authority"),
WHEREAS, the Authority will only implement projects in communities that
approve of a specific Brownfield Plan,
WHEREAS, the Authority can only prepare and implement Brownfield
Plans in Wayne County communities that approve the designation of its
borders or any part thereof as a Brownfield Redevelopment Zone,
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City
of Livonia approves the inclusion of the property described below as part
of the Wayne County Brownfield Redevelopment Zone
A parcel of land located in the Southwest 1/4 of Section 3,
T 1S , R 9E , City of Livonia, Wayne County, Michigan, being
more fully described as follows
PARCEL A
Regular Meeting of November 5, 2003 34331
Part of the West 1/2 of the Northwest fractional 1/4 and the
West 1/2 of the Southwest 1/4 of Section 3, T 1 S , R.9 E,
City of Livonia, Wayne County, Michigan, being more
particularly described as Commencing at the West 1/4
corner of said Section 3, thence N 00°05'30" East 163 97
feet along the West line of said Section 3, S 89°54'44" East
60 00 feet to a point on the East line of Farmington Road (60
ft. 1/2 right-of-way) and the point of beginning, thence S
89°54'44" East 1264 63 feet to a point of the Westerly line of
"Folker's Farmington Acres" as recorded in Liber 61 of plats,
Page 90 of Wayne County Records, thence along said
Westerly line, S 00°06'47" West 163 97 feet; thence N
89°54'44" West 0 80 feet along the East and West 1/4 line of
Section 3 to the Northeast corner of the West 1/2 of the
Southwest 1/4 of Section 3, thence along the East line of the
West 1/2 of the Southwest 1/4 of Section 3, S 00°03'21"
East 268 17 feet; thence S 86°02'25" West 637 97 feet;
thence N 71°47'51" West 185 70 feet; thence due West
57 56 feet; thence N 74°59'20" West 169 39 feet; thence S
89°38'01" West 230 00 feet to a point on the Easterly line of
said Farmington Road, thence along said Easterly line, due
North 213 75 feet and N 00°05'30" East 163 97 feet to the
point of beginning Containing 544,385 square feet or 12 50
acres more or less and subject to easements and restrictions
of record
PARCEL B
Part of the Southwest 1/4 of Section 3, T 1 S , R 9 E , City
of Livonia, Wayne County, Michigan, being more
particularly described as Commencing at the West 1/4
corner of said Section 3, thence along the East and West
1/4 line of Section 3, thence S 89°54'44" East 60 00 feet
to a point on the East line of Farmington Road (60 ft. 1/2
right-of-way) and along said East line, due South 213 75
feet to the point of beginning, thence N 89°38'01" East
230 00 feet; thence S 74°59'20" East 169 39 feet; thence
due East 57 56 feet; thence S 71°47'51" East 185 70 feet;
thence N 86°02'25" East 637 99 feet to a point on the East
line of the West 1/2 of the Southwest 1/4 of Section 3,
thence along said East line, S 00°03'21" East 383 57 feet;
thence S 89°38'01" West 1264 43 feet to a point on said
East line of Farmington Road, thence due North 448 01
feet to the point of beginning Containing 493,156 square
feet or 11 32 acres more or less and subject to easements
and restrictions of record
Regular Meeting of November 5, 2003 34332
FURTHER, the Livonia City Council's approval of inclusion of the above-
described property (the "Site") as a Brownfield Redevelopment Zone of
the Authority is expressly conditioned on the agreement of the Authority
and Wayne County that no tax increment revenues, as that term is used in
the Act, will be captured pursuant to the Act from the Site or any other
property or properties in the City of Livonia without a resolution of the City
Council specifically approving such capture of tax increment revenues,
FURTHER, the City Council of the City of Livonia hereby determines that
the above-described property is functionally obsolete,
FURTHER, the City Council of the City of Livonia hereby approves the
Brownfield Plan submitted by Phoenix Land Development Company,
dated July 2003, with respect to 19810, 19818 and 19826 Farmington
Road
CR 564-03 RESOLVED, that having considered the report and
recommendation of the Department of Law, dated October 10, 2003,
approved for submission by the Mayor, with regard to the matter of
sidewalk and parking lot tent sales and the question of whether there is a
need for a new ordinance regulating these sales, the Council does hereby
refer the subject of a proposed ordinance amendment to Section 10 02 of
Article X of Ordinance No 543, as amended, to the City Planning
Commission for action and recommendation in accordance with provisions
of law and City ordinance
CR 565-03 RESOLVED, that having considered a communication from
the City Planning Commission, dated October 3, 2003, which transmits its
resolution 09-134-2003, adopted on September 30, 2003, with regard to
Petition 2003-08-02-17, submitted by Dewain Diacono, on behalf of
Diacono Enterprises, LLC, requesting waiver use approval to construct an
addition to an existing automobile repair facility (Accurate Collision)
located on the west side of Merriman Road between Plymouth Road and
the CSX Railroad in the Southeast 1/4 of Section 27, which property is
zoned M-1, the Council does hereby concur in the recommendation of the
Planning Commission and Petition 2003-08-02-17 is hereby approved and
granted, subject to the following conditions
1 That the Site Plan marked Sheet 1 of 3 prepared by Sheppard
Engineering, dated August 27, 2003, is hereby approved and shall
be adhered to,
2 That the Building Elevations Plan marked Sheet 3 of 3 prepared by
Sheppard Engineering, dated August 27, 2003, is hereby approved
and shall be adhered to,
Regular Meeting of November 5, 2003 34333
3 That the trash storage area shall be constructed of concrete block
to match the building and with metal gates which, when not in use,
shall be closed at all times,
4 That there shall be no outdoor storage of auto parts, equipment,
scrap material, debris or other similar items generated by the
subject use,
5 That the parking provided on this site shall be double striped,
6 That two handicapped parking spaces shall be provided as required
and these spaces shall be properly sized, marked and signed,
7 That this approval is subject to the petitioner being granted
variances from the Zoning Board of Appeals for an addition to a
nonconforming building, deficient setbacks (north side yard, rear
yard and south side yard), deficient south parking lot aisle width,
deficient front parking lot aisle width, and shall be subject to any
conditions related thereto, and
8 That the plans referenced in this approving resolution shall be
submitted to the Inspection Department at the time the building
permits are applied for
CR 566-03 RESOLVED, that having considered a communication from
the City Planning Commission, dated October 3, 2003, which transmits its
resolution 09-137-2003, adopted on September 30, 2003, with regard to
Petition 2003-08-03-01, submitted by Kelly Schwanitz, requesting the
vacating of four feet (4') of a ten foot (10') wide sewer easement to
accommodate the construction of a patio adjacent to the rear door which
exits towards the west side of the property of the home located at 37670
St. Martins Road, on the north side of St. Martins Road and west of
Newburgh Road in the Southeast 1/4 of Section 6, the Council does hereby
concur in the recommendation of the City Planning Commission and does
grant and approve the said Petition 2003-08-03-01, with the understanding
that if the patio has to be removed to repair the sanitary sewer, the City
will not replace it; and the Department of Law is hereby requested to
prepare the necessary vacating ordinance in accordance with this
resolution
CR 567-03 RESOLVED, that having considered the report and
recommendation of the Director of Public Works and the City Engineer,
dated October 17, 2003, which bears the signature of the Director of
Finance, is approved as to form by the City Attorney and is approved for
submission by the Mayor, the Council does hereby approve the 2004
Road Repair Program as shown in Attachment A of the aforesaid report;
Regular Meeting of November 5, 2003 34334
FURTHER, the Council does hereby authorize adjustments in the FY 2003
budget by increasing Account No 203-484-965-204 (Local Road -
Contribution to Road Millage Fund) by $90,000 00, decreasing Account
No 203-390-000 (Local Road - Fund Balance) by $90,000 00, increasing
Account No 204-000-691-203 (Road Millage Fund - Contribution from
Local Roads) by $90,000 00 and increasing Account No 204-441-818-102
(Road Millage Fund - Engineering Consultant) by $90,000 00, FURTHER,
the Council does hereby authorize adjustments in the FY 2004 budget by
increasing Account No 203-484-965-204 (Local Road - Contribution to
Road Millage Fund) by $140,000 00, decreasing Account No 203-390-
000 (Local Road - Fund Balance) by $140,000 00, increasing Account No
204-000-691-203 (Road Millage Fund - Contribution From Local Roads)
by $140,000 00 and increasing Account No 204-441-818-102 (Road
Millage Fund - Engineering Consultant) by $140,000 00 for the
engineering consulting work to be done in fiscal years 2003 and 2004 in
connection with the 2004 Road Repair Program
CR 568-03 RESOLVED, that having considered the report and
recommendation of the Director of Public Works and the City Engineer,
dated October 17, 2003, which bears the signature of the Director of
Finance, is approved as to form by the City Attorney and is approved for
submission by the Mayor, in connection with the 2004 Annual Road
Repair Program, the Council does hereby refer the subject of pedestrian
safety on Hubbard between Five and Six Mile Roads to the Department of
Public Works for its report and recommendation
CR 569-03 RESOLVED, that having considered the report and
recommendation of the Director of Public Works, dated October 16, 2003,
which bears the signature of the Director of Finance, is approved as to
form by the City Attorney and is approved for submission by the Mayor, to
which is attached a proposed Amendment to the Contract for Engineering
Services for Concrete Pavement Reconstruction and Rehabilitation
Design between the City of Livonia and Hubbell, Roth & Clark, 2001
Centerpoint Parkway, Suite 109, Pontiac, Michigan 48341, to provide
engineering services for the 2004 Concrete Pavement Reconstruction and
Rehabilitation Program to be added to the 2003 Concrete Pavement
Reconstruction and Rehabilitation Program Contract (previously approved
in Council Resolution 610-02 and amended by Council Resolution 123-
03), the Council does hereby approve Amendment No 1 to this contract in
the amount of $252,489 37, FURTHER, the Council does hereby
authorize an expenditure in an amount not to exceed $252,489 37 from
the Road, Sidewalk and Tree Fund (Account No 204-441-818-102) 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 this Amendment,
for and on behalf of the City of Livonia with the aforesaid company, and to
Regular Meeting of November 5, 2003 34335
do all other things necessary or incidental to the full performance of this
resolution
CR 570-03 RESOLVED, that having considered the report and
recommendation of the Director of Public Works, dated October 16, 2003,
which bears the signature of the Director of Finance, is approved as to
form by the City Attorney and is approved for submission by the Mayor, to
which is attached a proposed Amendment to the Engineering Services
Contract for Design and Construction Services for Asphalt Pavement
Rehabilitation/Reconstruction Paving Program between the City of Livonia
and Orchard, Hiltz & McCliment, 34935 Schoolcraft Road, Livonia,
Michigan 48150, to provide engineering services for the 2004 Asphalt
Pavement Reconstruction and Rehabilitation Program to be added to the
2003 Asphalt Pavement Reconstruction and Rehabilitation Program
Contract (previously approved in Council Resolution 611-02 and amended
by Council Resolution 124-03), the Council does hereby approve the
amendment to this contract in the amount of $489,800 00, FURTHER, the
Council does hereby authorize an expenditure in an amount not to exceed
$489,800 00 from the Road, Sidewalk and Tree Fund (Account No 204-
441-818-102) 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 this 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
A roll call vote was taken on the foregoing resolutions with the following result:
AYES Knapp, Vandersloot, Dolan, Taylor, Laura, Brosnan and
Engebretson
NAYS None
James Merlo, 29538 Oakley, Livonia, spoke in opposition to the construction of a credit
union to be located on the west side of Middlebelt Road between Linda Avenue and
Five Mile Road
On a motion by Taylor, seconded by Brosnan, and unanimously adopted,
it was
CR 571-03 RESOLVED, that having considered a communication from
the City Planning Commission, dated October 3, 2003, which transmits its
resolution 09-133-2003, adopted on September 30, 2003, with regard to
Petition 2003-08-02-16, submitted by Mark Pugliese, on behalf of
Michigan Educational Credit Union, requesting waiver use approval to
Regular Meeting of November 5, 2003 34336
construct and operate a credit union with drive-thru operations on property
located on the west side of Middlebelt Road between Linda Avenue and
Five Mile Road in the Northeast 1/4 of Section 23, which property is zoned
C-2, the Council does hereby concur in the recommendation of the
Planning Commission and Petition 2003-08-02-16 is hereby approved and
granted, subject to the following conditions
1 That the Site Plan marked Sheet A-2 prepared by Corrado A.
Bartoli & Associates, Architects, dated October 15, 2003, as
revised, is hereby approved and shall be adhered to,
2 That the Landscape Plan marked Sheet A-3 prepared by Corrado
A. Bartoli & Associates, Architects, dated October 15, 2003, as
revised, is hereby approved and shall be adhered to,
3 That all disturbed lawn areas shall be sodded in lieu of
hydroseeding,
4 That underground sprinklers shall be provided for all landscaped
and sodded areas, and all planted materials shall be installed to the
satisfaction of the Inspection Department and thereafter
permanently maintained in a healthy condition,
5 That the Building Elevations Plan marked Sheet A-4 prepared by
Corrado A. Bartoli & Associates, Architects, dated October 15,
2003, as revised, is hereby approved and shall be adhered to,
6 That the brick used in the construction of the building shall be full
face four(4) inch brick, no exceptions,
7 That the lighting equipment as shown on the Site Plan detail shall
not exceed 20 feet in height and shall be shielded so as to be
deflected away from the neighboring residential properties,
8 That the three walls of the dumpster enclosure shall be constructed
of the same brick used in the construction of the building and the
structure shall have metal gates which, when not in use, shall be
closed at all times,
9 That the parking spaces for the entire site shall be double striped,
10 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,
Regular Meeting of November 5, 2003 34337
11 That the petitioner shall comply with the following stipulation
contained in the correspondence dated September 4, 2003 from
the Livonia Fire and Rescue Division of the Department of Public
Safety
• Access around building shall be provided for emergency
vehicles with turning radius up to forty-five feet wall to wall and a
minimum vertical clearance of 13 1/2 feet;
12 That this approval shall incorporate the following recommendations
listed in the correspondence dated September 11, 2003 from the
Traffic Bureau of the Division of Police,
• "Stop" signs posted for traffic exiting onto Middlebelt Road and
for traffic exiting the credit union area north into the main
driveway;
• Post height of canopy over the drive-thru lanes,
• Post "Exit Only" or "Do Not Enter" signs for the proposed south
driveway to discourage Middlebelt traffic from entering this
driveway;
13 That the specific plans referenced in this approving resolution shall
be submitted to the Inspection Department at the time the building
permits are applied for; and
14 That the building shall be moved north a least three (3) feet with a
corresponding shift in the drive-up facilities in order to widen the
greenbelt adjacent to the screening wall and save as many of the
existing trees as possible
Council President Engebretson announced the following items that will be
scheduled for a Public Hearing to be held on Wednesday, December 10, 2003 at 7:00
P.M. in the auditorium of the Livonia City Hall, 33000 Civic Center Drive, Livonia, MI
1 Petition 2003-09-01-16 submitted by John Elieff requesting to rezone property
located on the north side of Seven Mile Road between Mayfield and Shadyside
Avenues in the S W 1/4 of Section 3 from C-1 to C-2
2 Petition 2003-09-01-17 submitted by Jim Barnas, on behalf of Contracting
Resources, LLC, requesting to rezone property located on the west side of
Farmington Road between Five Mile Road and Lyndon Avenue in the N E. 1/4 of
Section 21 from R-2 to OS
Regular Meeting of November 5, 2003 34338
3 Petition 2003-09-01-18 submitted by Christopher McGrath, on behalf of
Newburgh Properties, LLC, requesting to rezone property located at 19025
Newburgh on the west side of Newburgh Road between Seven Mile Road and
Kingsburn Drive in the N E 1/4 of Section 7 from OS to C-1
A communication from the Engineering Division, dated October 7, 2003, re
water drainage problem at 29070 Sunnydale, and their recommendation for a solution of
the standing water problem, was received and placed on file for the information of the
Council (CR 553-02)
On a motion by Knapp, seconded by Dolan, and unanimously adopted, it
was
CR 572-03 RESOLVED, that having considered the report and
recommendation of the Water, Sewer and Waste Committee, dated
October 14, 2003, submitted pursuant to Council Resolution 553-02, in
connection with the water drainage problem at 29070 Sunnydale, the
Council does hereby concur in the recommendation of the Department of
Public Works, Engineering Division, as outlined in its letter dated October
7, 2003, with the understanding that the work will be performed by City
personnel in winter 2003-2004 or the early spring of 2004 at no cost to the
residents, detailed below as follows
1 Remove and deepen by relaying 164 feet of storm sewer on the
south side of Sunnydale from the corner of Alexander westerly;
2 Regrade and deepen approximately 390 feet of road ditch on the
south side of Sunnydale and replace four culverts involved,
3 Install a new cross culvert near the east property line of the newer
home at 29084 Sunnydale, and
4 Clean out the existing enclosure at 29042 Sunnydale, if necessary
A communication from the Public Service Division, dated October 14,
2003, re Sewer Line Payback Agreement relative to the Boulder Pines Development,
and the department's concerns relative to a proposed ordinance amendment to create a
*r.
Regular Meeting of November 5, 2003 34339
payback provision, was received and placed on file for the information of the Council
(Petition 2001-11-02-26)
On a motion by Knapp, seconded by Taylor, and unanimously adopted, it
was.
CR 573-03 RESOLVED, that having considered the report and
recommendation of the Water, Sewer and Waste Committee, dated
October 14, 2003, submitted pursuant to Council Resolution 441-03, in
connection with the sewer line extension required with respect to Petition
2001-11-02-26 (Boulder Pines Development), the Council does hereby
refer this item to the Administration in order to begin discussions with the
petitioner regarding reimbursement for his unanticipated costs due to the
change in route for such sewer line extension
An e-mail communication from Deborah Mead, 9850 Fremont, Livonia,
48150, dated July 29, 2003, re her concerns about the number of children in each day
care facility, was received and placed on file for the information of the Council
The Notices of Violations submitted by the Building Inspection Department
for four various addresses, re day care facilities operating within 1000 feet of one
another, was received and placed on file for the information of the Council
A petition received at the Legislative Committee meeting of October 12,
2003, re no objections to establishing Cuddle Time Day Care at 39133 Grennada, was
received and placed on file for the information of the Council
A 3-page petition titled "Support Neighborhood Day Care," dated October
12, 2003, re supporting the proposed city ordinance for family and group child daycare
facilities, was received and placed on file for the information of the Council
On a motion by Brosnan, seconded by Knapp, and unanimously adopted,
it was
Regular Meeting of November 5, 2003 34340
CR 574-03 RESOLVED, that having considered the report and
recommendation of the Legislative Committee, dated October 15, 2003,
submitted pursuant to Council Resolution 367-03, in connection with the
request from Robert and Tamera Clos, to amend Zoning Ordinance No
543, as amended, with respect to the 1000 ft. separation requirement for
day care facilities, the Council does hereby refer this matter to the
Department of Law to draft a proposed amendment to Zoning Ordinance
No 543, to allow the Zoning Board of Appeals to hear requests for relief of
the 1,000 ft. separation requirement for day care facilities for submission
to Council
A communication from the City Attorney, dated October 20, 2003, re
recommending the City hire outside counsel because of a potential conflict of interest
for him relative to Parmenter's Northville Cider Mill proposing to move its operation to
Greenmead, was received and placed on file for the information of the Council
A communication from Kathleen Glynn, Chairperson, Livonia Historic
Preservation Commission, dated October 20, 2003, re concerns of the Commission
relative to Parmenter's Northville Cider Mill proposing to move its operation to
Greenemead, was received and placed on file for the information of the Council
On a motion by Knapp, seconded by Dolan, and unanimously adopted, it
was
CR 575-03 RESOLVED, that having considered the report and
recommendation of the Committee of the Whole, dated October 20, 2003,
submitted pursuant to Council Resolution 466-03, with regard to the
proposed relocation of the Northville Cider Mill (Parmenter's) to
Greenmead, the Council does hereby refer this matter to the
Administration to begin negotiations with the owner of Parmenter's for a
Lease Agreement in order to operate its cider mill at Greenmead
On a motion by Knapp, seconded by Brosnan, and unanimously adopted,
it was
CR 576-03 RESOLVED, that having considered the report and
recommendation of the Committee of the Whole, dated October 20, 2003,
submitted pursuant to Council Resolution 466-03, with regard to the
Regular Meeting of November 5, 2003 34341
proposed relocation of the Northville Cider Mill (Parmenter's) to
Greenmead, the Council does hereby refer this item to the Historical
Preservation Commission and other relevant departments for a report and
recommendation on this subject and to concurrently develop a Master
Plan for Greenmead
On a motion by Knapp, seconded by Brosnan, and unanimously adopted,
it was
CR 577-03 RESOLVED, that having considered the report and
recommendation of the Committee of the Whole, dated October 20, 2003,
submitted pursuant to Council Resolution 466-03, with regard to the
proposed relocation of the Northville Cider Mill (Parmenter's) to
Greenmead, the Council does hereby concur with the recommendation of
the City Attorney in his correspondence dated October 20, 2003, and
hereby authorizes the retaining of special legal counsel (as determined by
the Mayor) in order to begin negotiations with the owner of Parmenter's for
a Lease Agreement to operate its cider mill at Greenmead
On a motion by Knapp, seconded by Dolan, and unanimously adopted, it
was
CR 578-03 RESOLVED, that having considered the report and
recommendation of the Committee of the Whole, dated October 20, 2003,
submitted pursuant to Council Resolution 466-03, with regard to the
proposed relocation of the Northville Cider Mill (Parmenter's) to
Greenmead, the Council does hereby refer the subject of revenue flow to
Greenmead to the Administration for its report and recommendation
A communication submitted by Haggerty Road Investments, L L.0 , dated
October 9, 2003, along with the determination of the State of Michigan Department of
Consumer and Industry Services Bureau of Hearings, Agency of Bureau of Construction
Codes, Case Type Barrier Free Design Exception Request (granted with exception for
elevator), plans and drawings and conceptual photo of building, re remodeling and
expanding an existing building on the east side of Haggerty Road between Seven Mile
and Eight Mile Roads so as to operate a full service restaurant, was received and
placed on file for the information of the Council (Petition 2001-03-02-05)
Regular Meeting of November 5, 2003 34342
A conceptual photo submitted by Arthur Carmichael, President of Haggerty Road
Investments, dated October 20, 2003 re remodeling and expanding an existing
building on the east side of Haggerty Road between Seven Mile and Eight Mile Roads
so as to operate a full service restaurant, was received and placed on file for the
information of the Council (Petition 2001-03-02-05)
A communication from Arthur Carmichael, President of Haggerty Road
Investments, dated October 22, 2003, re a request to reconvene a Committee of the
Whole meeting to discuss an "Offer to Purchase" received from Mr Jonna for property
located on the east side of Haggerty Road between Seven Mile and Eight Mile Roads,
was received and placed on file for the information of the Council (Petition 2001-03-02-
05)
The preceding subject matter is to remain in the Committee of the Whole
A communication from Mayor Kirksey, dated October 10, 2003, re
renaming Botsford Park to "Harvey W Moelke Park", was received and placed on file
for the information of the Council
Mrs. Betty Moelke, former First Lady of the City of Livonia, spoke to the subject matter
of renaming Botsford Park to "Harvey W Moelke Park", in honor of her late husband
On a motion by Knapp, seconded by Taylor, and
unanimously adopted, it was
CR 579-03 RESOLVED, that having considered the report and
recommendation of the Committee of the Whole, dated October 20, 2003,
submitted pursuant to Council Resolution 195-03, in connection with the
subject of naming public property after former elected officials, the Council
does hereby concur in the recommendation of Mayor Kirksey, dated
October 10, 2003, and the recommendation of the Parks and Recreation
Commission in its resolution #2708-03 to rename Botsford Park to "Harvey
W Moelke Park", FURTHER, the Council does hereby refer this matter to
the Department of Law to prepare the appropriate ordinance amendment
Regular Meeting of November 5, 2003 34343
to Section 12 16 010 of the Livonia Code of Ordinances for submission to
Council
A communication from the Engineering Division, dated September 23,
2003, re special assessment procedures for sidewalks, was received and placed on
file for the information of the Council (CR 485-03)
Jeff McKeaver, Chairman of Deacons, Berean Baptist Church, 38303
Eight Mile Road, spoke in opposition to installing sidewalks on Eight Mile Road between
1-275 and Newburgh Road
Pete Bauman, 20469 Meadowview, Livonia, 48152, spoke in favor of
installing a pathway out of the Livonia Hills subdivision
Ed McLeod, 38445 Eight Mile Road, spoke in opposition to installing
sidewalks on Eight Mile Road between 1-275 and Newburgh Road
On a motion by Laura, seconded by Taylor, it was
RESOLVED, that having considered the report and
recommendation of the Streets, Roads and Plats Committee, dated
October 21, 2003, submitted pursuant to Council Resolution 346-03, in
connection with the possible installation of sidewalks on Eight Mile Road
between 1-275 and Newburgh Road, the Council does hereby approve the
installation of sidewalks (asphalt) on Eight Mile Road between 1-275 and
Newburgh Road and further refers this item to the Engineering Division to
prepare a single lot assessment report for the two property owners
affected for submission to Council
A roll call vote was taken on the foregoing resolution with the following result:
AYES Laura
NAYS Knapp, Vandersloot, Dolan, Taylor, Brosnan and Engebretson
The President declared the resolution failed
A communication from the Public Service Division, dated October 13,
2003, re a meeting held with various individuals to discuss the Michigan Department of
Transportation's possible partnering opportunities with City of Livonia officials relative to
the 1-275 Noise Abatement subject matter
Regular Meeting of November 5, 2003 34344
Sandra, Carroll, representative for Families Near 1-275, thanked the City
Council for their efforts to make the lives of residents living along 1-275 better
On a motion by Laura, seconded by Dolan, and unanimously adopted, it
was
CR 580-03 RESOLVED, that having considered the report and
recommendation of the Streets, Roads and Plats Committee, dated
October 21, 2003, submitted pursuant to Council Resolution 816-00, in
connection with the subject of the 1-275 noise abatement, the Council
does hereby concur in the recommendation of the Director of Public
Works, dated October 13, 2003, to pursue a transportation grant from the
State of Michigan, to be submitted by January 20, 2004, to assist with I-
275 noise abatement efforts
Councilmember Taylor took from the table, for second reading and
adoption, the following Ordinance
AN ORDINANCE AMENDING SECTION 23 05 OF
ARTICLE XXIII OF ORDINANCE NO 543, AS
AMENDED, KNOWN AND CITED AS "THE CITY OF
LIVONIA ZONING ORDINANCE" (Petition 2003-05-
06-03)
A roll call vote was taken on the foregoing Ordinance with the following result:
AYES Knapp, Vandersloot, Dolan, Taylor, Laura, Brosnan and
Engebretson
NAYS None
The President declared the foregoing Ordinance duly adopted, and would
become effective on publication
On a motion by Taylor, seconded by Knapp, it was
CR 581-03 RESOLVED, that having considered a letter from Leon
London and Brian Peters, dated October 13, 2003 and a letter from Marc
A. Kondratow, dated October 15, 2003, requesting elimination of the
sidewalk requirement in front of 18781 Lathers, 28249 Clarita, 28250
Clarita, 28299 Clarita and 28300 Clarita in the Northeast 1/4 of Section 12,
and having further considered the report and recommendation of the City
Engineer, dated October 22, 2003, approved for submission by the Mayor,
Regular Meeting of November 5, 2003 34345
the Council does hereby approve these requests inasmuch as omitting the
sidewalk on the subject properties would have no detrimental effect upon
the neighboring properties at this time due to lack of 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
A roll call vote was taken on the foregoing resolution with the following result:
AYES Knapp, Vendersloot, Dolan, Taylor, Brosnan and Engebretson
NAYS Laura
The President declared the resolution duly adopted
A communication from the Department of Law, dated October 29, 2003,
re a suggestion to view The Village Shops of Rochester Hills to determine if the same
type of development may be appropriate for the City of Livonia as it pertains to the
proposed Village Shops of Wonderland, was received and placed on file for the
information of the Council (Petition 2003-09-08-24)
A communication from the Planning Department, dated October 30, 2003,
re the amount of parking space available for the proposed Village Shops of
Wonderland development, was received and placed on file for the information of the
Council (Petition 2003-09-08-24)
A fax communication from Schostak Brothers & Company, dated October
31, 2003, re a Detroit News article about Tel-Twelve Shopping Center's transformation
from an enclosed mall to free-stand buildings with small and large retail stores and
restaurants, relative to the proposed Village Shops of Wonderland, was received and
placed on file for the information of the Council (Petition 2003-09-08-24)
On a motion by Taylor, seconded by Brosnan, and unanimously adopted,
Regular Meeting of November 5, 2003 34346
it was.
CR 582-03 RESOLVED, that having considered a communication from
the City Planning Commission, dated October 17, 2003, which transmits
its resolution 10-144-2003 adopted on October 14, 2003, with regard to
Petition 2003-09-08-24 submitted by Wah Yee Associates, on behalf of
Schostak Brothers & Company, Inc., requesting site plan approval in
connection with a proposal to construct a commercial development known
as The Village Shops of Wonderland — Phase I (East) on property located
at 29859 Plymouth Road, on the south side of Plymouth Road between
Middlebelt and Merriman Roads in the Northeast 1/4 of Section 35,
pursuant to the provisions set forth in Section 18 47 of Zoning Ordinance
No 543, as amended, the Council does hereby concur in the
recommendation of the City Planning Commission and Petition 2003-09-
08-24 is hereby approved and granted, subject to the following conditions
1 That the Site Plans marked Sheets C-1 and C-2 both dated
9/19/03, as revised, prepared by Hubbell, Roth & Clark, are hereby
approved and shall be adhered to,
2 That a fully detailed Landscape Plan shall be submitted to the
Planning Commission and City Council for their review and
approval within sixty (60) days of this approval,
3 That the Exterior Building Elevation Plans labeled Retail E, Retail F
and Retail 0 (to be amended to show new rear elevations) all dated
9/19/03, as revised, prepared by Charles E Fosse, Architect, are
hereby approved and shall be adhered to,
4 That the brick used in the construction shall be full face four(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 trash dumpster areas shall be constructed out of the same
brick used in the construction of the buildings or in the event a
poured wall is substituted, the wall's design, texture and color shall
match that of the buildings and the enclosure gates shall be
maintained and when not in use, closed at all times,
Regular Meeting of November 5, 2003 34347
7 That the petitioner shall secure the necessary storm water
management permits from Wayne County, the City of Livonia,
and/or the State of Michigan,
8 That the Lighting Plan marked Sheet FC-1 dated 9/19/03, as
revised, prepared by Hubbell, Roth & Clark, is hereby approved
and shall be adhered to,
9 That all light fixtures 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 Fire Department's
satisfaction the following as outlined in the correspondence dated
September 30, 2003,
• that if any of subject buildings are to be provided with automatic
sprinklers systems, hydrants shall be located between 50 ft. and
100 ft. from the Fire Department connections
■ adequate hydrants shall be provided and located with a
maximum spacing of 300 ft. between hydrants Most remote
hydrant shall flow 1,500 FPM with a residual pressure of 20 PSI
• access around building shall be provided for emergency
vehicles with turning radius up to 45 ft. wall to wall and a
minimum vertical clearance of 13 1/2 ft.
11 That this approval is subject to the petitioner being granted a
variance from the Zoning Board of Appeals for deficient parking and
any conditions related thereto,
12 That no signs, either freestanding or wall mounted, are approved
with this petition All such signage shall be separately submitted for
review and approval by the Planning Commission and City Council,
13 That a Master Sign Plan establishing ground signage for the entire
The Village Shops of Wonderland development shall be separately
submitted for review and approval by the Planning Commission and
City Council Included in the application shall be the location and
graphics of each Business Center Sign, all Identification Signs and
any directional signage,
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,
and
Regular Meeting of November 5, 2003 34348
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
A communication from the Department of Law, dated October 29, 2003,
re a suggestion to view The Village Shops of Rochester Hills to determine if the same
type of development may be appropriate for the City of Livonia as it pertains to the
proposed Village Shops of Wonderland, was received and placed on file for the
information of the Council (Petition 2003-09-08-25)
A communication from the Planning Department, dated October 30, 2003,
re the amount of parking space available for the proposed Village Shops of
Wonderland development, was received and placed on file for the information of the
Council (Petition 2003-09-08-25)
A fax communication from Schostak Brothers & Company, dated October
31, 2003, re a Detroit News article about Tel-Twelve Shopping Center's transformation
from an enclosed mall to free-stand buildings with small and large retail stores and
restaurants, relative to the proposed Village Shops of Wonderland, was received and
placed on file for the information of the Council (Petition 2003-09-08-25)
On a motion by Brosnan, seconded by Knapp, and unanimously adopted,
it was.
CR 583-03 RESOLVED, that having considered a communication from
the City Planning Commission, dated October 17, 2003, which transmits
its resolution 10-146-2003 adopted on October 14, 2003, with regard to
Petition 2003-09-08-25 submitted by Wah Yee Associates, on behalf of
Schostak Brothers & Company, Inc., requesting site plan approval in
connection with a proposal to construct a commercial development known
as The Village Shops of Wonderland — Phase I (West) on property located
at 30255 Plymouth Road, on the south side of Plymouth Road between
Middlebelt and Merriman Roads in the Northeast % of Section 35,
pursuant to the provisions set forth in Section 18 47 of Zoning Ordinance
Regular Meeting of November 5, 2003 34349
No 543, as amended, the Council does hereby concur in the
recommendation of the City Planning Commission and Petition 2003-09-
08-25 is hereby approved and granted, subject to the following conditions
LP
1 That the Site Plans marked Sheets C-1 and C-2 both dated
9/19/03, as revised, prepared by Hubbell, Roth & Clark, are hereby
approved and shall be adhered to,
2 That a fully detailed Landscape Plan shall be submitted to the
Planning Commission and City Council for their review and
approval within sixty (60) days of this approval,
3 That the Exterior Building Elevation Plan labeled Outlot A dated
9/19/03, as revised, prepared by Charles E Fosse, Architect, is
hereby approved and shall be adhered to,
4 That the Exterior Building Elevation Plan marked Job No 3617
dated 9/5/03, prepared by Charles E Fosse, Architect, is hereby
approved and shall be adhered to,
5 That the brick used in the construction shall be full face four(4) inch
brick or in the case a precast concrete system is used it shall meet
ASTM C216 standards,
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,
7 That the trash dumpster areas shall be constructed out of the same
brick used in the construction of the buildings or in the event a
poured wall is substituted, the wall's design, texture and color shall
match that of the buildings and the enclosure gates shall be
maintained and when not in use, closed at all times,
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 the Lighting Plan marked Sheet FC-1 dated 9/19/03, as
revised, prepared by Hubbell, Roth & Clark, is hereby approved
and shall be adhered to,
10 That all light fixtures shall be aimed and shielded so as to minimize
stray light trespassing across property lines and glaring into
adjacent roadway;
Regular Meeting of November 5, 2003 34350
11 That the petitioner shall correct to the Fire Department's
satisfaction the following as outlined in the correspondence dated
September 30, 2003,
• that if any of subject buildings are to be provided with automatic
sprinklers systems, hydrants shall be located between 50 ft. and
100 ft from the Fire Department connections
• adequate hydrants shall be provided and located with a
maximum spacing of 300 ft. between hydrants Most remote
hydrant shall flow 1,500 FPM with a residual pressure of 20 PSI
• access around building shall be provided for emergency
vehicles with turning radius up to 45 ft. wall to wall and a
minimum vertical clearance of 13 1/2 ft.
12 That this approval is subject to the petitioner being granted a
variance from the Zoning Board of Appeals for deficient parking and
any conditions related thereto,
13 That no signs, either freestanding or wall mounted, are approved
with this petition All such signage shall be separately submitted for
review and approval by the Planning Commission and City Council,
14 That a Master Sign Plan establishing ground signage for the entire
The Village Shops of Wonderland development shall be separately
submitted for review and approval by the Planning Commission and
City Council Included in the application shall be the location and
graphics of each Business Center Sign, all Identification Signs and
any directional signage,
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,
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 John DelSignore, Fonte D'Amore Restaurant,
32030 Plymouth Road, Livonia, 48150, re his opposition to the increased size of a
Regular Meeting of November 5, 2003 34351
proposed restaurant to be located at 31735 Plymouth Road, was received and placed
on file for the information of the Council (Petition 2003-08-02-18)
On a motion by Knapp, seconded by Dolan, and unanimously adopted, it
was
CR 584-03 RESOLVED, that having considered a communication from
the City Planning Commission, dated October 1, 2003, which transmits its
resolution 09-135-2003, adopted on September 30, 2003, with regard to
Petition 2003-08-02-18, submitted by Giulio Ledda, on behalf of Italian
Acquisition Restaurant, LLC, requesting waiver use approval to construct
and operate a restaurant with a seating capacity of 124 seats (Giulio's
Ristorante Italiano) on property located at 31735 Plymouth Road, on the
south side of Plymouth Road between Auburndale and Berwick Avenues
in the Northeast 1/4 of Section 34, which property is zoned C-1, the
Council does hereby concur in the recommendation of the Planning
Commission and Petition 2003-08-02-18 is hereby approved and granted,
subject to the following conditions
1 That the Site Plan prepared by Pallos Architects, dated September
30, 2003, is hereby approved and shall be adhered to,
2 That the Building Elevations Plan prepared by Pallos Architects,
dated September 30, 2003, is hereby approved and shall be
adhered to,
3 That the brick used in the construction of the building shall be full
face four (4) inch brick, no exceptions,
4 That the dumpster screen wall shall be constructed as shown on
the building elevations plan with brick to match the building and
with metal gates which, when not in use, shall be closed at all
times,
5 That all lighting equipment shall be shielded so as to be deflected
away from the adjacent properties and roadway and such
equipment shall not exceed 20 feet in height above grade,
6 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,
7 That all off-street parking spaces provided on this site shall be
double-striped,
Regular Meeting of November 5, 2003 34352
8 That the two parking spaces marked as barrier free shall be
1. individually posted as handicap parking spaces per City ordinance,
9 That the following issue specified in the correspondence dated
September 5, 2003 from the Inspection Department shall be
rectified to that department's satisfaction,
• The parking area needs maintenance, repair, some repaving
and resealing
10 That this approval is subject to the petitioner being granted
variances from the Zoning Board of Appeals for deficient number of
parking spaces, deficient size of parking spaces, deficient width of
parking aisles, deficient front and side yard setbacks, and shall be
subject to any conditions related thereto, and
11 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 Taylor, seconded by Laura, it was
CR 585-03 RESOLVED, that in connection with Petition 2003-08-02-18,
submitted by Giulio Ledda, on behalf of Italian Acquisition Restaurant,
LLC, requesting waiver use approval to construct and operate a restaurant
with a seating capacity of 124 seats (Giulio's Ristorante Italiano) on
property located at 31735 Plymouth Road in the Northeast 1/4 of Section
34, the Council does hereby approve a modification of the thirty (30) seat
limitation for a restaurant in a C-1 district to enable this restaurant to
operate with a maximum seating capacity of 124 seats
A roll call vote was taken on the foregoing resolution with the following result.
AYES Knapp, Vandersloot, Dolan, Taylor, Laura, Brosnan and
Engebretson
NAYS None
The President declared the resolution duly adopted
On a motion by Knapp, seconded by Dolan, and unanimously adopted, It
was
Regular Meeting of November 5, 2003 34353
CR 586-03 RESOLVED, that having considered a letter from Julie Culp,
on behalf of Franklin High School Patriots Booster Club, dated October
24, 2003, requesting permission to place 24" x 22" lawn-type signs
advertising fall and spring craft shows to be conducted on Saturday,
November 15, 2003, and Saturday, March 20, 2004, and which signs
would be installed at various locations in the City on Saturday, November
8, 2003 for the fall show and Saturday, March 13, 2004, for the spring
show and removed the day following each show, the Council does hereby
approve of and concur in this request in the manner and form herein
requested
On a motion by Vandersloot, seconded by Brosnan, and unanimously
adopted, it was
CR 587-03 RESOLVED, that having considered a communication from
the Chief of Police, dated October 14, 2003, 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 a donation
from the Southeast Michigan Chrysler-Jeep Dealers Association, Inc.,
27400 Northwestern Hwy , P 0 Box 307, Southfield, Michigan 48037-
0307, in memory of Mr Walt Norris, owner of Livonia Chrysler Jeep, Inc.,
in the amount of $4,847 70, FURTHER, the Council does hereby credit
the amount of $4,847 70 to Account No 265-000-698-000 to be used as
funding for six of the 43 recently ordered X26E TASER® less-lethal
weapons for the Division of Police
On a motion by Brosnan, seconded by Knapp, and unanimously adopted,
it was
CR 588-03 RESOLVED, that having considered a communication from
the Department of Parks and Recreation, dated October 16, 2003, which
bears the signature of the Director of Finance and is approved for
submission by the Mayor, the Council does, for and on behalf of the City
of Livonia, accept various gifts and cash donations, in the total amount of
$575 00, from the sources indicated therein for use by the Department of
Parks and Recreation as indicated in the aforesaid communication,
FURTHER, the Council does hereby appropriate and credit the amount of
$575 00 to Account No 702-285-125 for the purposes as designated by
the donors
An e-mail communication from Amy Liebau, 14630 Ronnie Lane, Livonia,
48154, dated November 3, 2003, re her opposition to allowing a Hooters restaurant to
Regular Meeting of November 5, 2003 34354
be operated in the City of Livonia, was received and placed on file for the information of
the Council (Petitions 2000-11-02-32 and 2000-11-02-33)
A communication from the Department of Law, dated October 22, 2003,
re an attached Opinion of the Michigan Court of Appeals reversing the Wayne County
Circuit Court decision relative to the Livonia Hotel, LLC v City of Livonia and Building
Official of Livonia, was received and placed on file for the information of the Council
(Petitions 2000-11-02-32 and 2000-11-02-33)
A communication from the Department of Law, dated October 27, 2003,
re a recommendation for an amendment to Zoning Ordinance No 543 to include
language of a mayoral veto in pertinent procedural provisions, and a recommendation
not to pursue an appeal to the Michigan Supreme Court relative to Livonia Hotel, LLC v
City of Livonia and Building Official of Livonia, was received and placed on file for the
information of the Council (Petitions 2000-11-02-32 and 2000-11-02-33)
On a motion by Taylor, seconded by Brosnan, and unanimously adopted,
it was
CR 589-03 RESOLVED, that having considered the report and
recommendation of the Department of Law, dated October 27, 2003,
approved for submission by the Mayor, in connection with Livonia Hotel,
LLC v City of Livonia and Building Official of Livonia, the Council does
hereby refer this matter to the Department of Law to prepare the
appropriate ordinance amendment to Zoning Ordinance No 543, to add a
clause stating "subject to mayoral veto" in the pertinent procedural
provisions for waiver use and rezoning petitions for submission to Council
On a motion by Knapp, seconded by Brosnan, it was
RESOLVED, that the Council does hereby determine to
appeal the Michigan Court of Appeals' decision regarding Livonia Hotel,
LLC v City of Livonia and Building Official of Livonia, to the Michigan
Supreme Court.
Regular Meeting of November 5, 2003 34355
A roll call vote was taken on the foregoing resolution with the following result:
AYES Knapp, Brosnan and Engebretson
NAYS Vandersloot, Dolan, Taylor and Laura
The President declared the resolution failed
On a motion by Brosnan, seconded by Taylor, and unanimously adopted,
it was
CR 590-03 RESOLVED, that the Council does hereby determine to refer
the issue of abandoned and non-conforming waiver use provisions in the
Zoning Ordinance to the Law Department for a report and
recommendation, and then refer it back to the Legislative Committee for
its review
On a motion by Brosnan, seconded by Vandersloot, and unanimously
adopted, this 1,500th Regular Meeting of the Council of the City of Livonia was
adjourned at 10 01 p m , November 5, 2003
'Joan McCotter, City Clerk