HomeMy WebLinkAboutCOUNCIL MINUTES 2003-12-03 34380
MINUTES OF THE ONE THOUSAND FIVE HUNDRED SECOND
REGULAR MEETING OF DECEMBER 3, 2003
On December 3, 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 Councilmember Taylor delivered the invocation
Roll was called with the following result Gerald Taylor, Joe Laura,
Maureen Miller Brosnan, Donald Knapp, Val Vandersloot and Jack Engebretson
Absent: - Linda Dolan — out of the City
Elected and appointed officials present. Jack E Kirksey, Mayor; Robert
Schron, City Engineer; Mark Taormina, City Planner; Sean Kavanagh, City Attorney,
Joan McCotter, City Clerk, Michael Slater, Director of Finance, Robert Beckley, Director
of Public Works, Ron Reinke, Superintendent of Parks and Recreation and Alan
Brandemihl, Fire Chief
On a motion by Brosnan, seconded by Knapp, it was
CR 614-03 RESOLVED, that the minutes of the 1 ,501st Regular Meeting
of the Council held November 19, 2003 are hereby approved as
submitted
A roll call vote was taken on the foregoing resolution with the following result.
AYES Taylor, Laura, Brosnan and Knapp
NAYS None
PRESENT Vandersloot and Engebretson
During the audience communication portion of the agenda, Mayor Kirksey
thanked all the people who helped make the Christmas Tree Lighting and Sing-A-Long
a success He also thanked Brandon Wallot who presented him with a check for
34381
Regular Meeting of December 3, 2003
approximately $1,000 00 that Brandon had collected for the holiday lighting and
decorations
At the direction of the Chair, Agenda Item #2 was removed from the Consent Agenda
On a motion by Knapp, seconded by Vandersloot, it was
CR 615-03 RESOLVED, that having considered a letter from Jim
Cernuto, Construction Manager, on behalf of Saadie Alobaidi, Imami
Investments, dated November 11, 2003, to which is attached a request to
purchase certain City-owned property located at 28580 Joy Road, the
Council does hereby refer this item to the Department of Law for the
purpose of directing the petitioner to obtain an appraisal with respect to
this property and does further request that the Department of Law
thereafter submit its report and recommendation to the Council
CR 616-03 RESOLVED, that having considered a letter from Jim
Cernuto, Construction Manager, on behalf of Saadie Alobaidi, Imami
Investments, dated November 11, 2003, to which is attached a request to
purchase certain City-owned property located at 28580 Joy Road, the
Council does hereby refer this item to the Planning Department for its
report and recommendation
CR 617-03 RESOLVED, that having considered a communication from
the Superintendent of Parks and Recreation, dated November 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 unit bid
price of Stephen's Nu-Ad, Inc , 17630 East Ten Mile Road, Eastpointe,
Michigan 48021-1266, for typesetting, printing and delivery to the City and
post office of the "L" magazine to be published four times a year, at the
unit prices specified in the aforesaid communication per issue, for a two
year period from December 1, 2003, through November, 2005, said unit
prices having been in fact the lowest bid received which meets all
specifications, and the bid of Johnston Lithograph, Inc is hereby rejected
for the reasons indicated in the aforesaid communication
CR 618-03 RESOLVED, that having considered a communication from
the Superintendent of Parks and Recreation, dated November 13, 2003,
which bears the signature of the Director of Finance and is approved for
submission by the Mayor, to which is attached a proposed Sublease
Agreement between the City of Livonia and the Livonia Public Schools
School District, 15150 Farmington Road, Livonia, Michigan 48154, for use
of the gymnastics area at the Livonia Community Recreation Center for
the period June 1, 2003 through May 31, 2006, as well as for the rental of
space in the Recreation Center, the Council does hereby authorize the
34382
Regular Meeting of December 3, 2003
Mayor and City Clerk, for and on behalf of the City of Livonia, to execute
this Agreement in the manner and form herein submitted, and to do all
other things necessary or incidental to the full performance of this
resolution
CR 619-03 RESOLVED, that having considered a communication from
the City Planning Commission, dated October 29, 2003, which sets forth
its resolution 10-159-2003 adopted on October 28, 2003, with regard to
Petition 2002-11-06-05, submitted pursuant to Council Resolution 601-02,
to determine whether or not to amend Section 11 03(1)(1) of Article XI of
Zoning Ordinance No 543, as amended, with respect to Subsections a, b
and c regarding open-air business uses, the Council does hereby concur
in the recommendation made by the City Planning Commission and does
hereby determine to take no further action with regard to this petition
CR 620-03 RESOLVED, that having considered a communication from
the City Planning Commission, dated October 31, 2003, which sets forth
its resolution 10-156-2003 adopted on October 28, 2003, with regard to
Petition 2003-09-02-19 submitted by John Massa requesting waiver use
approval to operate an automobile and light truck repair facility on property
located at 30759 Eight Mile Road, on the south side of Eight Mile Road
between Merriman Road and Milburn Avenue in the Northwest 1/4 of
Section 2, which property is zoned M-1, the Council does hereby concur in
the recommendation of the Planning Commission and Petition 2003-09-
02-19 is hereby approved and granted, subject to the following conditions.
1 That the Site Plan marked Article I prepared by Jon Massa, dated
October 23, 2003, is hereby approved and shall be adhered to,
2 That the Building Elevations Plan marked Article 2 prepared by Jon
Massa, dated October 23, 2003, is hereby approved and shall be
adhered to,
3 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,
4 That the following issues as outlined in the correspondence dated
October 14, 2003 from the Inspection Department shall be rectified
to that department's satisfaction
• That the parking lot shall be repaired, resealed and double
striped,
34383
Regular Meeting of December 3, 2003
• That the handicapped parking shall be provided near the
building entrance as required and shall be properly sized,
marked and signed,
• That the building shall be painted on the south and west walls,
• That the rear main door and front overhead door shall be
replaced,
5 That repair work conducted at this facility shall not include bumping,
painting, spraying and rust-proofing, and transmission repair;
6 That there shall be no overnight outdoor parking or storage of
vehicles on the site,
7 That all auto parts, equipment, scrap material, debris or similar
items generated by the subject use shall be stored inside the
building or inside a dumpster or other type of trash container;
8 That any lighting equipment provided on the subject site shall be
shielded and shall not exceed 20 feet in height above grade,
9 That the use of barbed wire on the fence enclosing the subject
property shall be prohibited, and all existing barbed wire shall be
removed,
10 That the plans referenced in this approving resolution shall be
submitted to the Inspection Department at the time the building
permits are applied for;
11 That vehicles repaired at this facility shall not exceed one-ton
capacity;
12 That there shall be no test driving of vehicles on Milburn Avenue,
and
13 That the site plan shall be revised so as to provide additional
landscaping in the east side yard area between the building and the
Milburn Avenue right-of-way
CR 621-03 RESOLVED, that having considered a communication from
the City Planning Commission, dated October 31, 2003, which transmits
its resolution 10-157-2003 adopted on October 28, 2003, with regard to
Petition 2003-09-08-27 submitted by Rockford Construction, on behalf of
Family Video, requesting site plan approval in connection with a proposal
to renovate the exterior of the building located at 37405 Ann Arbor Road,
34384
Regular Meeting of December 3, 2003
on the southwest corner of Newburgh and Ann Arbor Roads in the
Northeast 1/4 of Section 31, 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 2003-09-08-27 is hereby approved and granted, subject to
the following conditions
1 That the Site and Landscape Plan marked C101 dated 10/23/03, as
revised, prepared by DTS Architects, is hereby approved and shall
be adhered to,
2 That the height of the planted trees shall be measured from the top
of the root ball to the mid-point of the top leader;
3 That all disturbed lawn areas shall be sodded in lieu of
hydroseeding,
4 That underground sprinklers are to be provided for all landscaped
and sodded areas and all planted materials shall be installed to the
satisfaction of the Inspection Department and thereafter
permanently maintained in a healthy condition,
5 That the Exterior Building Elevation Plan marked A201 dated
10/23/03, as revised, prepared by DTS Architects, is hereby
approved and shall be adhered to,
6 That the brick used in the construction shall be full-face four (4)
inch brick or in the case a pre-cast concrete system is used it shall
meet ASTM C216 standards,
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 petitioner shall secure the necessary storm water
management permits from Wayne County, the City of Livonia,
and/or the State of Michigan,
9 That all light fixtures shall not exceed 20 ft. in height and shall be
aimed and shielded so as to minimize stray light trespassing across
property lines and glaring into adjacent roadway;
10 That the petitioner shall correct to the Inspection Department's
satisfaction the following as outlined in the correspondence dated
October 20, 2003
34385
Regular Meeting of December 3, 2003
• that the entire parking lot shall be repaired, resealed and double
striped
• that the asphalt curbing at the northern end of the parking lot
and the island curbing shall be repaired and/or replaced
• that all handicap spaces shall be identified and comply with the
Michigan Barrier Free Code
11 That the signage shown on the approved plans, consisting of two
30 sq ft. ground signs and two 54 sq ft. wall signs, are hereby
approved and shall be adhered to,
12 That this approval is subject to the petitioner being granted a
variance from the Zoning Board of Appeals for nonconforming
signage and any conditions related thereto,
13 That no LED lightband or exposed neon shall be permitted on this
site, including but not limited to, the building or around the windows,
14 That the lights used to illuminate the glass tower shall be softened
by light shields in order to make it less intrusive, and
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 roll call vote was taken on the foregoing resolutions with the following result
AYES Taylor, Laura, Brosnan, Knapp, Vandersloot and Engebretson
NAYS None
On a motion by Brosnan, seconded by Taylor, it was
RESOLVED, that having considered a communication from
the City Assessor, dated November 14, 2003, approved for submission by
the Mayor, with regard to a request from Kim Kostich of Anchor Homes
LLC, P 0 Box 510054, Livonia, Michigan 48151, representing Thomas
Moore, and in accordance with the provisions of 1967 PA 288, as
amended, as well as Section 18 46 of Ordinance 543, as amended, the
Council does hereby approve of the proposed division of Tax Item No 46-
049-01-0053-000 into two parcels, the legal descriptions of which shall
read as follows
34386
Regular Meeting of December 3, 2003
PARCEL A
Lot 53 of "Park Woods Sub ", of the Northeast 1/4 of Section 13, Town 1
South, Range 9 East, Livonia Township (now City of Livonia), Wayne
County, Michigan As recorded in Liber 67 of Plats on Page 13, Wayne
County Records
PARCEL B
Lot 54 of "Park Woods Sub ", of the Northeast 1/4 of Section 13, Town 1
South, Range 9 East, Livonia Township (now City of Livonia), Wayne
County, Michigan As recorded in Liber 67 of Plats on Page 13, Wayne
County Records
as shown on the map attached to the aforesaid communication which is
made a part hereof by reference, and the City Clerk is hereby requested to
cause a certified copy of this resolution to be recorded in the Office of the
Wayne County Register of Deeds, PROVIDED, HOWEVER, THAT UNTIL
A VARIANCE IS GRANTED BY THE ZONING BOARD OF APPEALS AS
TO EVERY NONCONFORMING LOT RESULTING FROM SUCH SPLIT,
NONE OF SAID LOTS MAY BE SOLD, LEASED OR TRANSFERRED
The following people spoke in opposition to the proposed lot split at 16710
Harrison, Livonia, 48154, and about their concerns with the water flow and drainage in
that area
Susie Hannis, 16797 Harrison, Livonia, 48154
Cheryl Zabramski, 16784 Harrison, Livonia, 48154
Ann Howe, 28012 Stanmoor, Livonia, 48154
Robert Bryd, 28040 Stanmoor, Livonia, 48154
Peter Crnogorac, 16785 Harrison, Livonia, 48154
A communication from Susan Hannis, dated June 5, 2003, to the Zoning
Board of Appeals, re her opposition to a lot split at 16710 Harrison, Livonia, 48154,
and a portion of Section 21 07 of the Zoning Ordinance addressing the application of
variance power, were received and placed on file for the information of the Council
Pictures from Ann Howe, 28012 Stanmoor, Livonia, 48154, received at the
Council Meeting of December 3, 2003, re water drainage problems on her property,
relative to a lot split at 16710 Harrison, were received and placed on file for the
information of the Council
34387
Regular Meeting of December 3, 2003
Councilmember Taylor withdrew his support from the aforementioned
motion, and Councilmember Brosnan withdrew her motion
On a motion by Brosnan, seconded by Taylor, it was
RESOLVED, that the City Council does hereby determine, in
lieu of the foregoing resolution, to substitute the following
RESOLVED, that having considered a communication from
the City Assessor, dated November 14, 2003, approved for submission by
the Mayor, with regard to a request from Kim Kostich of Anchor Homes
LLC, P 0 Box 510054, Livonia, Michigan 48151, representing Thomas
Moore, and in accordance with the provisions of 1967 PA 288, as
amended, as well as Section 18 46 of Ordinance 543, as amended, the
Council does hereby determine to refer the subject matter of the proposed
division of Tax Item No 46-049-01-0053-000 into two parcels to the
Streets, Roads and Plats Committee for a report and recommendation
A roll call vote was taken on the motion to substitute as follows
AYES Taylor, Laura, Brosnan, Knapp, Vandersloot and Engebretson
NAYS None
The President declared the motion to substitute adopted
A roll call vote was then taken on the substitute motion by Brosnan, seconded by Taylor
as follows
CR 622-03 RESOLVED, that having considered a communication from
the City Assessor, dated November 14, 2003, approved for submission by
the Mayor, with regard to a request from Kim Kostich of Anchor Homes
LLC, P 0 Box 510054, Livonia, Michigan 48151, representing Thomas
Moore, and in accordance with the provisions of 1967 PA 288, as
amended, as well as Section 18 46 of Ordinance 543, as amended, the
Council does hereby determine to refer the subject matter of the proposed
division of Tax Item No 46-049-01-0053-000 into two parcels to the
Streets, Roads and Plats Committee for a report and recommendation
with the following result:
AYES Taylor, Laura, Brosnan, Knapp, Vandersloot and Engebretson
NAYS None
The President declared the resolution duly adopted
34388
Regular Meeting of December 3, 2003
On a motion by Taylor, seconded by Laura, and unanimously adopted, it
was
CR 623-03 RESOLVED, that the Council does hereby determine that
the subject matter of water flow and drainage problems associated with a
request for a proposed lot split at 16710 Harrison by Anchor Homes,
representing Thomas Moore, is referred to the Engineering Division for a
report and recommendation to the Streets, Roads and Plats Committee
A Site Plan received by the City Council Office on November 6, 2003,
revised on 10/31/03, re a proposed bank by Pentagon Retail Development to be
located on the east side of Haggerty Road between Seven and Eight Mile Roads, was
received and placed on file for the information of the Council
At the direction of the Chair, Agenda Item #9(a) was moved to the December 17, 2003
Regular Meeting
On a motion by Vandersloot, seconded by Brosnan, and unanimously
adopted, it was
CR 624-03 RESOLVED, that having considered the report and
recommendation of the Capital Improvement Committee, dated November
18, 2003, submitted pursuant to Council Resolution 893-00, in connection
with the subject of the Civic Park Senior Center renovation, the Council
does hereby determine to take no further action with regard to this matter
At the direction of the Chair, Agenda Item #9(c) was moved to the December 17, 2003
Regular Meeting
Councilmember Brosnan gave first reading to the following Ordinance
AN ORDINANCE AMENDING SECTION 6 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 2003-07-01-13)
1
34389
Regular Meeting of December 3, 2003
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 Brosnan, seconded by Laura, and unanimously adopted, it
was
CR 625-03 RESOLVED, that in connection with Petition 2003-07-01-13,
submitted by Eric D Zylinski, on behalf of Apple Crest Dental P L C ,
requesting to rezone property located on the north side of Seven Mile
Road between Bethany Road and Victor Parkway from RUFC to OS, the
Council does hereby refer the subject of posting "No Parking or Standing"
and/or "No Thru Traffic" signs on Bethany to the Traffic Commission for its
report and recommendation
Councilmember Knapp gave first reading to the following Ordinance
AN ORDINANCE AMENDING SECTION 18 50 OF
ARTICLE XVIII OF ORDINANCE NO 543, AS AMENDED,
KNOWN AND CITED AS "THE CITY OF LIVONIA ZONING
ORDINANCE" (Petition 2003-06-06-04)
The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in the
Office of the City Clerk and is the same as if word for word repeated herein The above
Ordinance was placed on the table for consideration at the next regular meeting
Councilmember Knapp gave first reading to the following Ordinance
AN ORDINANCE AMENDING SECTION 18 50A OF
ARTICLE XVIII OF ORDINANCE NO 543, AS AMENDED,
KNOWN AND CITED AS "THE CITY OF LIVONIA ZONING
ORDINANCE" (Petition 2003-06-06-04)
The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in the
Office of the City Clerk and is the same as if word for word repeated herein The above
Ordinance was placed on the table for consideration at the next regular meeting
Councilmember Knapp gave first reading to the following Ordinance
34390
Regular Meeting of December 3, 2003
AN ORDINANCE AMENDING SECTION 18 50B OF
ARTICLE XVIII OF ORDINANCE NO 543, AS AMENDED,
KNOWN AND CITED AS "THE CITY OF LIVONIA ZONING
ORDINANCE" (Petition 2003-06-06-04)
The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in the
Office of the City Clerk and is the same as if word for word repeated herein The above
Ordinance was placed on the table for consideration at the next regular meeting
Councilmember Knapp gave first reading to the following Ordinance
AN ORDINANCE AMENDING SECTION 18 50C OF
ARTICLE XVIII OF ORDINANCE NO 543, AS AMENDED,
KNOWN AND CITED AS "THE CITY OF LIVONIA ZONING
ORDINANCE" (Petition 2003-06-06-04)
The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in the
Office of the City Clerk and is the same as if word for word repeated herein The above
Ordinance was placed on the table for consideration at the next regular meeting
Councilmember Knapp gave first reading to the following Ordinance
AN ORDINANCE AMENDING SECTION 18 50D OF
ARTICLE XVIII OF ORDINANCE NO 543, AS AMENDED,
KNOWN AND CITED AS "THE CITY OF LIVONIA ZONING
ORDINANCE" (Petition 2003-06-06-04)
The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in the
Office of the City Clerk and is the same as if word for word repeated herein The above
Ordinance was placed on the table for consideration at the next regular meeting
Councilmember Knapp gave first reading to the following Ordinance
AN ORDINANCE AMENDING SECTION 18 50E OF
ARTICLE XVIII OF ORDINANCE NO 543, AS AMENDED,
KNOWN AND CITED AS "THE CITY OF LIVONIA ZONING
ORDINANCE" (Petition 2003-06-06-04)
1
34391
Regular Meeting of December 3, 2003
The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in the
Office of the City Clerk and is the same as if word for word repeated herein The above
Ordinance was placed on the table for consideration at the next regular meeting
Councilmember Knapp gave first reading to the following Ordinance
AN ORDINANCE AMENDING SECTION 18 50F OF
ARTICLE XVIII OF ORDINANCE NO 543, AS AMENDED,
KNOWN AND CITED AS "THE CITY OF LIVONIA ZONING
ORDINANCE" (Petition 2003-06-06-04)
The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in the
Office of the City Clerk and is the same as if word for word repeated herein The above
Ordinance was placed on the table for consideration at the next regular meeting
Councilmember Knapp gave first reading to the following Ordinance
AN ORDINANCE AMENDING SECTION 18 50G OF
ARTICLE XVIII OF ORDINANCE NO 543, AS AMENDED,
KNOWN AND CITED AS "THE CITY OF LIVONIA ZONING
ORDINANCE" (Petition 2003-06-06-04)
The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in the
Office of the City Clerk and is the same as if word for word repeated herein The above
Ordinance was placed on the table for consideration at the next regular meeting
Councilmember Knapp gave first reading to the following Ordinance
AN ORDINANCE AMENDING SECTION 18 50H OF
ARTICLE XVIII OF ORDINANCE NO 543, AS AMENDED,
KNOWN AND CITED AS "THE CITY OF LIVONIA ZONING
ORDINANCE" (Petition 2003-06-06-04)
The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in the
Office of the City Clerk and is the same as if word for word repeated herein The above
Ordinance was placed on the table for consideration at the next regular meeting
Councilmember Knapp gave first reading to the following Ordinance
34392
Regular Meeting of December 3, 2003
AN ORDINANCE AMENDING SECTION 18 50J OF
ARTICLE XVIII OF ORDINANCE NO 543, AS AMENDED,
KNOWN AND CITED AS "THE CITY OF LIVONIA ZONING
ORDINANCE" (Petition 2003-06-06-04)
The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in the
Office of the City Clerk and is the same as if word for word repeated herein The above
Ordinance was placed on the table for consideration at the next regular meeting
Councilmember Brosnan gave first reading to the following Ordinance
AN ORDINANCE AMENDING SECTION 18 06 OF
ARTICLE XVIII OF ORDINANCE NO 543, AS AMENDED,
KNOWN AND CITED AS "THE CITY OF LIVONIA ZONING
ORDINANCE" (Petition 2003-07-06-05)
The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in the
Office of the City Clerk and is the same as if word for word repeated herein The above
Ordinance was placed on the table for consideration at the next regular meeting
Councilmember Brosnan gave first reading to the following Ordinance
AN ORDINANCE AMENDING SECTION 20 05 OF
ARTICLE XX OF ORDINANCE NO 543, AS AMENDED,
KNOWN AND CITED AS "THE CITY OF LIVONIA ZONING
ORDINANCE" (Petition 2003-07-06-06)
The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in the
Office of the City Clerk and is the same as if word for word repeated herein The above
Ordinance was placed on the table for consideration at the next regular meeting
Councilmember Taylor gave first reading to the following Ordinance
AN ORDINANCE AMENDING SECTION 010 OF TITLE 12,
CHAPTER 16 (PARKS AND PLAYGROUNDS) OF THE
LIVONIA CODE OF ORDINANCES, AS AMENDED
F
34393
Regular Meeting of December 3, 2003
The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in the
Office of the City Clerk and is the same as if word for word repeated herein The above
Ordinance was placed on the table for consideration at the next regular meeting
Councilmember Brosnan took from the table, for second
reading and adoption, the following Ordinance
AN ORDINANCE VACATING THE USE OF
PORTIONS OF STREET, ALLEY AND PUBLIC
GROUND (Petition 2002-07-03-07 — CORRECTION)
A roll call vote was taken on the foregoing Ordinance with the following result:
AYES Taylor, Laura, Brosnan, Knapp, Vandersloot and
Engebretson
NAYS None
The President declared the foregoing Ordinance duly adopted, and would
become effective on publication
Councilmember Brosnan took from the table, for second
reading and adoption, the following Ordinance
AN ORDINANCE VACATING THE USE OF
PORTIONS OF STREET, ALLEY AND PUBLIC
GROUND (Petition 2002-07-03-08 — CORRECTION)
A roll call vote was taken on the foregoing Ordinance with the following result:
AYES Taylor, Laura, Brosnan, Knapp, Vandersloot and
Engebretson
NAYS None
The President declared the foregoing Ordinance duly adopted, and would
become effective on publication
On a motion by Knapp, seconded by Taylor, it was
34394
Regular Meeting of December 3, 2003
RESOLVED, that having considered a communication from
the Mayor, dated November 5, 2003, wherein it is recommended that the
City become a member of the Traffic Improvement Association (TIA) to
assist the City staff with traffic consulting, management and planning, the
Council does hereby approve this request to join the Traffic Improvement
Association (TIA), 2187 Orchard Lake Road, Suite 140, Sylvan Lake,
Michigan 48320-1778, and further appropriates and authorizes an
expenditure in the amount of $30,000 00 from the Unexpended Fund
Balance of the Major Road Fund (202) for this purpose
Councilmember Taylor withdrew his support from the aforementioned
motion, and Vice-President Knapp withdrew his motion
At the direction of the Chair, Agenda Item #16 was moved to the
December 17, 2003 Regular Council Meeting
On a motion by Knapp, seconded by Laura, it was
RESOLVED, that having considered the report and
recommendation of the Fire Chief, dated November 14, 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 American
LaFrance Michigan, 46944 Liberty Drive, Wixom, Michigan 48393, for
supplying the Fire Department with one (1) 2002 American LaFance 75
foot Telesqurt Aerial Fire Truck in the amount of $485,000 00, and the
Director of Finance is hereby requested to solicit quotations for installment
purchase financing for this purchase, such quotations to thereafter be
submitted to Council for approval, FURTHER, the Council does hereby
authorize the purchase of said item without competitive bidding for the
reasons indicated in the aforesaid communication, and such action is
taken in accordance Section 3 04 140D4 of the Livonia Code of
Ordinances, as amended
Councilmember Laura withdrew his support from the aforementioned
motion, and Vice-President Knapp withdrew his motion
On a motion by Knapp, seconded by Laura, it was
RESOLVED, that the City Council does hereby determine, in
lieu of the foregoing resolution, to substitute the following
RESOLVED, that having considered the report and
recommendation of the Fire Chief, dated November 14, 2003, which bears
the signature of the Director of Finance and is approved for submission by
the Mayor, the Council does hereby move the matter of supplying the Fire
Department with one (1) 2002 American LaFrance 75 foot Telesqurt Aerial
34395
Regular Meeting of December 3, 2003
Fire Truck in the amount of $485,000 00 to the next Regular Council
Meeting of December 17, 2003
Councilmember Laura withdrew his support from the aforementioned
substitute motion, and Vice-President Knapp withdrew his substitute motion
On a motion by Brosnan, seconded by Taylor, it was.
RESOLVED, that the City Council does hereby determine, in
lieu of the foregoing resolution, to substitute the following
RESOLVED, that having considered the report and
recommendation of the Fire Chief, dated November 14, 2003, which bears
the signature of the Director of Finance and is approved for submission by
the Mayor, the matter of supplying the Fire Department with one (1) 2002
American LaFance 75 foot Telesqurt Aerial Fire Truck in the amount of
$485,000 00 from American LaFrance Michigan, 46944 Liberty Drive,
Wixom, Michigan 48393, the Council does hereby determine to refer this
subject matter to the Committee of the Whole for its report and
recommendation
A roll call vote was taken on the motion to substitute as follows.
AYES Taylor, Brosnan and Engebretson
NAYS Laura, Knapp and Vandersloot.
The President declared the motion to substitute failed
On a motion by Knapp, seconded by Laura, it was
RESOLVED, that having considered the report and
recommendation of the Fire Chief, dated November 14, 2003, which bears
the signature of the Director of Finance and is approved for submission by
the Mayor, the matter of supplying the Fire Department with one (1) 2002
American LaFance 75 foot Telesqurt Aerial Fire Truck in the amount of
$485,000 00 from American LaFrance Michigan, 46944 Liberty Drive,
Wixom, Michigan 48393, the Council does hereby determine to postpone
this subject matter until the December 17, 2003 Regular Council Meeting.
A roll call vote was taken on the foregoing resolution with the following result:
AYES Laura, Knapp and Vandersloot
NAYS Taylor, Brosnan and Engebretson
34396
Regular Meeting of December 3, 2003
The President declared the resolution failed
On a motion by Laura, seconded by Knapp, it was
RESOLVED, that having considered the report and
recommendation of the Fire Chief, dated November 14, 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 American
LaFrance Michigan, 46944 Liberty Drive, Wixom, Michigan 48393, for
supplying the Fire Department with one (1) 2002 American LaFence 75
foot Telesqurt Aerial Fire Truck in the amount of $485,000 00, and the
Director of Finance is hereby requested to solicit quotations for installment
purchase financing for this purchase, such quotations to thereafter be
submitted to Council for approval, FURTHER, the Council does hereby
authorize the purchase of said item without competitive bidding for the
reasons indicated in the aforesaid communication, and such action is
taken in accordance Section 3 04 140D4 of the Livonia Code of
Ordinances, as amended
Council Vice-President Knapp withdrew his support from the
aforementioned motion and Councilmember Laura withdrew his motion
On a motion by Laura, seconded by Brosnan, it was
CR 626-03 RESOLVED, that having considered the report and
recommendation of the Fire Chief, dated November 14, 2003, which bears
the signature of the Director of Finance and is approved for submission by
the Mayor, the Council does hereby determine to refer the subject matter
of the proposed purchase of one (1) 2002 American LaFrance 75 foot
Telesqurt Aerial Fire Truck, in the amount of $485,000 00 from American
LaFrance Michigan, to the Committee of the Whole for a report and
recommendation
A roll call vote was taken on the foregoing resolution with the following result:
AYES Taylor, Laura, Brosnan and Engebretson
NAYS Knapp and Vandersloot.
The President declared the resolution duly adopted
On a motion by Vandersloot, seconded by Taylor, and unanimously
adopted, it was
34397
Regular Meeting of December 3, 2003
CR 627-03 RESOLVED, that having considered a communication from
the City Planning Commission, dated October 3, 2003, which sets forth its
resolution 09-131-2003, adopted on September 30, 2003, with regard to
Petition 2003-08-01-14, submitted by Narcisa and Emanuel Dan, for a
change of zoning of property located on the north side of Schoolcraft Road
between Farmington and Brookfield Roads in the Southwest 1/4 of
Section 22, from RUF to R-1, and the Council having conducted a public
hearing with regard to this matter on November 17, 2003, the Council
does hereby concur in the recommendation of the Planning Commission
and Petition 2003-08-01-14 is hereby denied for the following reasons.
1 That the proposed change of zoning is incompatible to and not in
harmony with the surrounding zoning and land uses in the area,
2 That the proposed change of zoning will provide for lot sizes that
are smaller than the prevailing lot sizes in the area,
3 That the proposed change of zoning is inconsistent with the RUF
zoning on adjoining properties as well as other similarly situated
properties fronting on Schoolcraft Road both east and west of the
subject property;
4 That the proposed change of zoning could result in development of
the subject property in a manner that would adversely affect the
character of the neighborhood, and
5 That the proposed change of zoning is not necessary for the
continued use of the subject property for low density residential
purposes in conformance with the recommendation of the Future
Land Use Plan
On a motion by Taylor, seconded by Brosnan, and unanimously adopted,
it was
CR 628-03 RESOLVED, that having considered a letter from Council
President Jack Engebretson, dated November 24, 2003, wherein it is
requested that Council Resolution 451-03 be amended to include a
revised date of "August 6, 2003, as revised" in lieu of June 11, 2003, in
Condition No 6 of the conditions for approval of the Master Deed, bylaws,
Site Plan and Landscaping Plan for Cavell Woods Site Condominium
Development, in connection with Petition 2003-05-08-12, the Council does
hereby amend and revise Council Resolution 451-03 so as to read as
follows
34398
Regular Meeting of December 3, 2003
RESOLVED, that having considered a communication from the City
Planning Commission, dated June 26, 2003, which transmits its
resolution 06-93-2003 adopted on June 17, 2003, with regard to
Petition 2003-05-08-12 submitted by Leo Soave, on behalf of
Cavell Woods Site Condominiums, requesting approval of the
Master Deed, bylaws and site plan in connection with a proposal to
construct a site condominium development on property located at
14595 Cavell Avenue on the west side of Cavell Avenue between
Five Mile Road and Western Golf Drive in the Northeast 1/4 of
Section 24, pursuant to the provisions set forth in Section 18 62 of
Zoning Ordinance No 543, as amended, the Council does hereby
concur in the recommendation of the Planning Commission and
Petition 2003-05-08-12 is hereby approved and granted, subject to
the following conditions
1 That the Master Deed and bylaws comply with the requirements
of the Subdivision Control Ordinance, Title 16, Chapter 16 04-
16 40 of the Livonia Code of Ordinances, and Article XX,
Section 20 01-20 06 of Zoning Ordinance #543, except for the
fact the following shall be incorporated
• That the first floor of each condominium unit shall be brick or
stone, on all four sides, and the total amount of brick or
stone on each two-story unit shall not be less than 65% and
not less than 80% on one-story dwellings,
2 That the brick used in the construction of each condominium
unit shall be full-face four (4) inch brick, no exception,
3 That the petitioner shall include language in the Master Deed or
a separate recordable instrument wherein the condominium
association shall reimburse the City of Livonia for any
maintenance or repair costs incurred for the storm water
detention/retention and outlet facilities, and giving the City of
Livonia the right to impose liens on each lot owner's property
prorata and place said charges on their real estate tax bills in
the event said charges are not paid by the condominium
association (or each lot owner) within thirty (30) days of billing
by the City of Livonia, and the Master Deed shall state in Article
7, Section 1, paragraph (f), that no fencing should be erected
within the five (5) foot greenbelt as shown on the site plan on
the south and west boundaries of the development,
4 That the Site Plan marked Sheet 1 dated 8/6/03, as revised,
prepared by Arpee/Donnan, Inc , is hereby approved and shall
be adhered to,
34399
Regular Meeting of December 3, 2003
5 That the petitioner shall correct to the Engineering Department's
satisfaction the following as outlined in the correspondence
dated June 2, 2003
• That sidewalks shall be required in conjunction with this site
condominium development,
• That the petitioner shall secure the necessary storm water
management permits from Wayne County, the City of
Livonia, and/or the State of Michigan,
6 That the Landscape Plan marked Sheet 1 dated August 6,
2003, as revised, prepared by Arpee/Donnan, Inc , is hereby
approved and shall be adhered to,
7 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;
8 That all disturbed lawn areas shall be sodded in lieu of
hydroseeding;
9 That underground sprinklers are to be provided for the greenbelt
easement along the north side of the development's street, from
Cavell Avenue all the way to condominium Lot 15, and all
planted materials shall be installed to the satisfaction of the
Inspection Department and thereafter permanently maintained
in a healthy condition,
10 That an Entrance Marker Application shall be submitted to the
Planning Commission and City Council for their review and
approval,
11 That the plans referenced in this approving resolution shall be
submitted to the Inspection Department at the time the building
permits are applied for; and
12 That all required cash deposits, certified checks, irrevocable
bank letters of credit and/or surety bonds which shall be
established by the City Engineer pursuant to Article XVIII of
Ordinance No 543, Section 18 66 of the ordinance, shall be
deposited with the City prior to the issuance of engineering
permits for this site condominium development.
On a motion by Knapp, seconded by Brosnan, and unanimously adopted,
Regular Meeting of December 3, 2003 34400
it was
CR 629-03 RESOLVED, that having considered a communication from
the Fire Chief, dated November 13, 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 cash
donation in the amount of $9,732 00 from Westborn Market, the same to
be appropriated and credited to Account No 702----285-336, Fire -
Community Donations for purposes as designated by the donor
On a motion by Brosnan, seconded by Knapp, and unanimously adopted,
it was
CR 630-03 RESOLVED, that having considered a communication from
the Chief of Police, dated November 10, 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 Risk
Avoidance Program (RAP) Grant from the Michigan Municipal Risk
Management Authority in the total amount of $5,000 00 to be used as
reimbursement for approximately six (6) of the forty-three (43) recently
ordered X26E Taser® less-lethal weapons for use by the Police
Department, the same to be deposited in the Adjudicated Forfeitures Fund
(265)
On a motion by Taylor, seconded by Laura, and unanimously
adopted, it was
CR 631-03 RESOLVED, that the Council does hereby suspend their
rules for procedure as outlined in Council Resolution 574-82 so as to
permit consideration of items that do not appear on the agenda
A communication from Thomas J Hagan, Jr , dated November 20, 2003,
re tendering his resignation from the Zoning Board of Appeals effective December 5,
2003, was received and placed on file for the information of the Council
On a motion by Laura, seconded by Vandersloot, and unanimously adopted, it
was
CR 632-03 RESOLVED, that pursuant to Section 21 02 of the Zoning
Ordinance of the City of Livonia, Ordinance No 543, as amended, and
Section 5 of Act 207 of the Public Acts of Michigan of 1921, as amended,
Matthew Henzi, 14314 Barbara, Livonia, Michigan 48154, is hereby
34401
Regular Meeting of December 3, 2003
appointed to the Zoning Board of Appeals effective immediately to fill the
unexpired term of Thomas J Hagan, ending July 12, 2006, with all the
authority and duties as set forth in the said Zoning Ordinance and Act 207,
and further provided that he takes the Oath of Office as required in
Chapter X, Section 2 of the City Charter, to be administered by the Office
of the City Clerk.
During the audience communication portion of the agenda,
Councilmember Brosnan announced the 15th Annual Christmas Walk that will take place
on Saturday, December 6, 2003
On a motion by Brosnan, seconded by Knapp, and unanimously adopted,
this 1,502nd Regular Meeting of the Council of the City of Livonia was adjourned at
9 38 p m , December 3, 2003
71e SJ
J8an McCotter, City Clerk