HomeMy WebLinkAboutCOUNCIL MINUTES 2002-05-22 33557
MINUTES OF THE ONE THOUSAND FOUR HUNDRED SIXTY-FIFTH
REGULAR MEETING OF MAY 22, 2002
On May 22, 2002, 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 Laura delivered the invocation
Roll was called with the following result: Joe Laura, Maureen Miller
Brosnan, Donald Knapp, Val Vandersloot, Linda Dolan, Gerald Taylor, and Jack
Engebretson
Absent: None
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; Karen Szymuia, Director of Legislative Affairs, Kevin Roney,
Public Utility Manager and Stan Dobis, Cable Commission
On a motion by Taylor, seconded by Brosnan, and unanimously
adopted, it was
CR 265-02 RESOLVED, that the minutes of the 1,464th Regular Meeting
of the Council held May 8, 2002 are hereby approved as submitted
There was no audience communication
A communication from the Department of Law, dated May 1, 2002, re
Nichols & Vann Media Group, LLC v the City of Livonia, Wayne County Circuit Court
Case No 01-112795NZ, Michigan Court of Appeals Docket No 238551, and the
plaintiff's decision to abandon their appeal relative to the City's ban of billboards, was
received and placed on file for the information of the Council
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At the request of the petitioner, Norman D Master, Schoolcraft
Associates, Inc., on behalf of Kentucky Fried Chicken, Item #21 was moved to the
Regular Council Meeting of June 5, 2002
At the direction of the chair, Item #7 was removed from the Consent
Agenda to the Regular Agenda
On a motion by Vandersloot, seconded by Brosnan, it was
A communication from Harvey and Shirley Prysdale, 29901 Bretton,
Livonia, 48152, dated May 19, 2002, re proposed lot split requests at 19658 Melvin
and 30010 Fairfax, was received and placed on file for the information of the Council
(Petition 02-4-3-5 and Petition 02-5-3-6) (Agenda Items #4 & 5)
A communication from Public Service Division, dated May 15, 2002, re
comparison of bid award amounts in previous years for rock salt, was received and
placed on file for the information of the Council (Agenda item #8)
A communication from the Office of the Mayor, dated April 26, 2002, re
proposed sidewalk millage and sidewalks due to be replaced under the Year 2002
Sidewalk Program due to damage caused by trees in the right-of-way, was received and
placed on file for the information of the Council (CR 61-02)
CR 266-02 RESOLVED, that having considered a letter from Jeff
Woodruff, Bottle Drive Chairman for Cub Scout Pack 750, dated April 23,
2002, which requests permission to display twelve (12) signs announcing
their Annual Bottle Drive to be held on Saturday, June 8, 2002, which
signs are to be 24" x 20" in size and which will be displayed from
Saturday, June 1, 2002, through Saturday, June 8, 2002, at various City
locations, the Council does hereby grant and approve this request in the
manner and form herein submitted
CR 267-02 RESOLVED, that having considered a communication from
the City Assessor, dated May 1, 2002, approved for submission by the
Mayor, with regard to a request from Kim Kostich of Anchor Homes,
representing Valerie Duckwitz, 19537 Shadyside, Livonia, Michigan
48152, and in accordance with the provisions of 1967 PA 288, as
amended, as well as Section 18 46 of Ordinance 543, as amended, the
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Council does hereby approve of the proposed division of Tax Item No 46-
011-01-0201-000 into two parcels, the legal descriptions of which shall
read as follows
PARCEL 1
Lot 203, the North 15 0 feet of Lot 202, & the East 9 0 feet of the vacated
alley in the rear thereof, of Westmore Subdivision, of part of the West 1/2 of
the Southwest 'I of Section 3, Town 1 South, Range 9 East, Livonia
Township (now City of Livonia), Wayne County, Michigan, as recorded in
Liber 48, page 85 of Plats, Wayne County Records Also
Beginning at the Northwest corner of Lot 203 of said Westmore
Subdivision and proceeding thence due North 19 00 feet; thence North 89°
36' East 128 58 feet; thence due South 19 00 feet; thence South 89°36'
West 128 58 to the point of beginning Subject to easements and
restrictions of record
PARCEL 2
Lot 201, the South 25 0 feet of Lot 202 & the East 9 0 feet of the vacated
alley in the rear thereof, of Westmore Subdivision of part of the West 1/2 of
the Southwest '/4 of Section 3, Town 1 South, Range 9 East, Livonia
Township (now City of Livonia), Wayne County, Michigan, as recorded in
Liber 48, page 85 of Plats, Wayne County Records Subject to easements
and restrictions of record
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,
AND PROVIDED FURTHER, THAT THIS APPROVAL IS CONDITIONED
UPON PETITIONER OR HER SUCCESSOR BUILDING HOMES WITH
FULL-FACE FOUR (4) INCH BRICK ON ALL FOUR (4) SIDES UP TO
THE FIRST FLOOR EAVES
CR 268-02 RESOLVED, that having considered Petition 02-4-3-5,
submitted by Donal M and Claudia J Stanton, dated April 26, 2002,
wherein a request is submitted for the vacating of the right-of-way located
at the front corner of their property located at 19658 Melvin, Lot 29 in
Bretton Gardens Subdivision No 2, in the Southeast 1/4 of Section 2, the
Council does hereby refer this item to the City Planning Commission for
action and recommendation in accordance with provisions of law and City
ordinance
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CR 269-02 RESOLVED, that having considered Petition 02-5-3-6,
submitted by Donald 0 Gunn, Jr and Susan M Gunn, dated May 2,
2002, wherein a request is submitted for the vacating of the right-of-way
located at the front corner of their property located at 30010 Fairfax, Lot
28 in Bretton Gardens Subdivision No 2 in the Southeast 1/4 of Section 2,
the Council does hereby refer this item to the City Planning Commission
for action and recommendation in accordance with provisions of law and
City ordinance
CR 270-02 RESOLVED, THAT WHEREAS, under the provisions of Title
I of the Housing and Community Development Act of 1974, as amended,
the Secretary of Housing and Urban Development is authorized to make
grants to units of local government to help finance community
development programs, and
WHEREAS, the primary objective of such Act is the development of viable
urban communities by providing decent housing and suitable living
environment and expanding economic opportunities, principally for
persons of low and moderate income, and
WHEREAS, to obtain its Fiscal Year 2002-2003 entitlement funds under
the Community Development Block Grant Program as authorized by the
Housing Community Development Act of 1974, as amended, the City of
Livonia must submit a Statement of Community Development Objectives
and Projected Use of Funds, satisfactory assurances that the Program will
be conducted and administered in accordance with appropriate federal
and state laws and Department of Housing and Urban Development
regulations, and satisfactory assurances that, prior to submission of its
Final Statement of Community Development Objectives and Projected
Use of Funds, it has (a) provided citizens with adequate information
concerning the amount of funds available for proposed community
development and housing activities, the range of activities that may be
undertaken, the estimated amount of those funds proposed to be used for
activities which will benefit low and moderate income persons, and other
important program requirements, (b) held a public hearing to obtain the
views of citizens on community development and housing needs, and (c)
provided citizens an adequate opportunity to examine the content of and
to submit comments on the proposed Statement of Community
Development Objectives and Projected Use of Funds,
NOW, THEREFORE, BE IT RESOLVED by the City Council of Livonia,
Michigan, that the Final Statement of Community Development Objectives
and Projected Use of Funds for the Fiscal Year 2002-2003 Community
Development Block Grant Program is hereby approved and shall be
submitted to the U S Department of Housing and Urban Development.
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CR 271-02 RESOLVED, that having considered the report and
recommendation of the Superintendent of Public Service and the Director
of Public Works, dated April 23, 2002, which bears the signature of the
Director of Finance and is approved for submission by the Mayor, the
Council does hereby authorize the purchase of 75% of the City's
requirement of rock salt used for ice control from Cargill Salt, Inc , 24950
Country Club Boulevard, Suite 450, North Olmsted, Ohio 44070, at the
unit price bid of $28 65 per ton, for an estimated total amount of
$94,545 00, for the period August 1, 2002 through April 15, 2003,
submitted to the consortium of Farmington Hills, Southfield, Southfield
School District, etc., the same having been in fact the lowest bid received
for this item, FURTHER, the Council does hereby authorize the purchase
of 25% of the City's requirement of rock salt used for ice control from
North American Salt Company, 8300 College Boulevard, Overland Park,
Kansas 66210, at the unit price bid of $33 96 per ton, for an estimated
total amount of $37,356 00 for the period August 1, 2002 through April 15,
2003, the same having been in fact the second lowest bid received by the
consortium for this item, FURTHER, the Council does hereby authorize
such expenditure from funds already budgeted in Account No 101-463-
784-000 for this purpose, FURTHER, the Council does hereby waive the
City's competitive bid process for the reasons outlined in the aforesaid
report and recommendation and in accordance with Section 3 04 140D4 of
the Livonia Code of Ordinances, as amended
CR 272-02 RESOLVED, that having considered the report and
recommendation of the Director of the Plymouth Road Development
Authority, dated April 25, 2002, which bears the signature of the Director
of Finance and is approved for submission by the Mayor, requesting
approval of adjustments to the Plymouth Road Development Authority
budget, the Council does hereby authorize the said budget adjustments
and transfers in the manner and form herein submitted
CR 273-02 RESOLVED, that having considered the report and
recommendation of the Director of the Plymouth Road Development
Authority, dated April 25, 2002, which bears the signature of the Director
of Finance and is approved for submission by the Mayor, requesting
approval of adjustments to the Plymouth Road Development Authority
budget, the Council does hereby refer the question of possible
reimbursement for damage from utility companies to the Director of the
Plymouth Road Development Authority for his report and
recommendation
CR 274-02 RESOLVED, that having considered the report and
recommendation of the Director of the Plymouth Road Development
Authority, dated April 25, 2002, which bears the signature of the Director
of Finance, is approved as to form by the City Attorney, and is approved
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for submission by the Mayor, to which is attached a contract between the
Michigan Department of Transportation and the City of Livonia for the
streetscape improvements for the Merriman and Plymouth Road Plaza
and related landscape improvements to extend east from the intersection
of Merriman Road to Sears Drive and west to the George Burns Theater
property and only on the north side of Plymouth Road (Phase 5), the
Council does hereby accept the Transportation Enhancement Grant
Award in the total amount of $350,000 00, FURTHER, the Council does
hereby approve the contract in the manner and form herein submitted and
hereby authorize the Mayor and City Clerk to execute the contract for and
on behalf of the City of Livonia
A communication from the Planning Department, dated April 24, 2002, re
submitting "Capital Improvement Program 2003 — 2008", as required by Act 285 of the
Public Acts of Michigan of 1931, as amended, was received and placed on file for the
information of the Council
CR 275-02 RESOLVED, that having considered a communication from
the Planning Director, dated April 24, 2002, transmitting the "Capital
Improvement Program 2003 - 2008," prepared by the City Planning
Commission, the Council does hereby refer this item to the Capital
Improvement Committee for its report and recommendation
CR 276-02 RESOLVED, that having considered a communication from
the City Planning Commission, dated March 28, 2002, which transmits its
resolution 3-44-2002 adopted on March 26, 2002 with regard to Petition
02-2-3-3, submitted by Bill and Barbara DeBoe, requesting the vacating of
the easterly 15 feet of a 30 foot wide public utility easement along Lots
170 and 171 of Argyle Park Subdivision located on the west side of
Mayfield Avenue between Curtis Avenue and Clarita Avenue in the
Northwest 1/4 of Section 10, the Council does hereby concur in the
recommendation of the City Planning Commission and does grant and
approve the said Petition 02-2-3-3, and the Department of Law is hereby
requested to prepare the necessary vacating ordinance in accordance
with this resolution
CR 277-02 RESOLVED, that having considered a communication from
the City Planning Commission, dated April 29, 2002, which transmits its
resolution 04-51-2002 adopted on April 23, 2002, with regard to Petition
02-3-8-9 submitted by Ron Schwartz, on behalf of Vonn Investment
Company, requesting site plan approval in connection with a proposal to
renovate the exterior of the office building located on the Southwest corner
of Ann Arbor Road and Newburgh Road in the Northeast 1/4 of Section
33563
31, pursuant to the provisions set forth in Section 18 58 of Ordinance No
543, as amended, the Council does hereby concur in the recommendation
of the Planning Commission and Petition 02-3-8-9 is hereby approved and
granted, subject to the following conditions
1 That the Site Plan marked Sheet 1 dated April 1, 2002, as revised,
prepared by Miles A. MacShara, Architect, is hereby approved and
shall be adhered to,
2 That all disturbed lawn areas shall be sodded in lieu of
hydroseeding,
3 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,
4 That the Exterior Building Elevation Plan marked Sheet 2 dated
April 1, 2002, as revised, prepared by Miles A. MacShara,
Architect, is hereby approved and shall be adhered to,
5 That the brick used in the construction shall be full-face four (4)
6 inch brick, no exception,
That the petitioner shall correct to the Inspection Department's
satisfaction the following as outlined in the correspondence dated
March 26, 2002
- That the entire parking lot shall be repaired, resealed and
double striped,
- That all handicap spaces shall be identified and comply with the
Michigan Barrier Free Code,
- That the damaged asphalt curbs at the north end of the parking
lot shall be replaced,
- That the exterior brick on the south elevation, at the lower
courses, shall be cleaned and tuck pointed,
- That the existing underground irrigation system shall be tested
to confirm coverage and performance,
- That the building's fire suppression system shall be tested and
certified (if not done in the last 5 years),
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7
8 That no signs, either freestanding or wall mounted, are approved
with this petition,
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
9 That the petitioner shall be allowed to add windows to the west and
south elevations of the building consistent with the size and style of
the windows proposed along the north and east elevations subject
to the approval of the Planning and Inspection Departments
CR 278-02 RESOLVED, that having considered the report and
recommendation of the Fire Chief, dated May 7, 2002, which bears the
signature of the Director of Finance and is approved for submission by the
Mayor, the Council does hereby accept the bid of American LaFrance
Michigan, 46944 Liberty Drive, Wixom, Michigan 48393, for supplying the
Fire Department with one (1) triple combination pumper in the amount of
$306,225 00, the same having been in fact the lowest bid received for this
item, FURTHER, the Council does hereby authorize an expenditure in the
amount of$306,225 00 from Account No 401-000-985-000 ($280,000 00)
and from the unexpended fund balance of the Capital Projects Fund 401
($26,225 00) for this purpose, FURTHER, the Council does hereby
authorize an additional appropriation in the amount of$26,225 00 from the
unexpended fund balance of the Capital Projects Fund 401, FURTHER,
the Council does hereby accept the same bid amount to purchase two (2)
additional triple combination pumpers from American LaFrance Michigan
to be ordered immediately, for purchase and delivery during the fiscal year
2002-2003 budget; and the Director of Finance is hereby directed to solicit
quotes for installment purchase financing of the two additional triple
combination pumpers and submit these results to Council for approval
A roll call vote was taken on the foregoing resolutions with the following result.
AYES Laura, Brosnan, Knapp, Vandersloot, Dolan, Taylor and
Engebretson
NAYS None
On a motion by Brosnan, seconded by Laura, and unanimously
adopted, it was
CR 279-02 RESOLVED, that having considered the report and
recommendation of the Water and Sewer Board, dated April 29, 2002,
which bears the signature of the Director of Finance and is approved for
33565
submission by the Mayor, regarding the request to increase water and
sewer consumption rates, industrial surcharge rate and industrial waste
control charge to be effective July 1, 2002, the Council does hereby refer
this item to the Water, Sewer and Waste Committee for its report and
recommendation
On a motion by Brosnan, seconded by Laura, and unanimously
adopted, it was
CR 280-02 RESOLVED, that having considered the report and
recommendation of the Water and Sewer Board, dated April 29, 2002,
which bears the signature of the Director of Finance and is approved for
submission by the Mayor, regarding the request to increase water and
sewer consumption rates, industrial surcharge rate and industrial waste
control charge to be effective July 1, 2002, the Council does hereby refer
this item to the Department of Law for preparation of ordinance
amendments in accordance with this resolution
A communication from the Detroit Water and Sewerage Department,
dated April 15, 2002, re Water and Sewer Rate Methodology Presentation, was
received and placed on file for the information of the Council
A communication from the Fire Chief, dated April 11, 2002, re Fleet
Replacement Program for Livonia Fire and Rescue apparatus, to which is attached a
prospective schedule for fleet replacement and possible leasing options, was received
and placed on file for the information of the Council (CR 216-02)
A communication from the Director of Public Works, dated May 7, 2002,
re fleet replacement schedule for Non-Police and Fire Equipment, was received and
placed on file for the information of the Council
On a motion by Vandersloot, seconded by Knapp, it was
CR 281-02 RESOLVED, that having considered the report and
recommendation of the Capital Improvement Committee, dated May 7,
2002, submitted pursuant to Council Resolution 216-02, and the report
and recommendation of the Fire Chief, dated April 11, 2002, approved for
submission by the Mayor, regarding a Fleet Replacement Program for Fire
33566
and Rescue apparatus, the Council does hereby take this means to
indicate its approval of the Seven Year Vehicle Plan, dated April 11, 2002,
submitted by the Fire Chief, subject to availability of funds in future fiscal
years
A roll call vote was taken on the foregoing resolution with the following result:
AYES Brosnan, Knapp, Vandersloot, Dolan, Taylor and Engebretson
NAYS Laura
The President declared the resolution duly adopted
On a motion by Vandersloot, seconded by Brosnan, and unanimously
adopted, it was
CR 282-02 RESOLVED, that having considered the report and
recommendation of the Capital Improvement Committee, dated May 7,
2002, submitted pursuant to Council Resolution 216-02, and the report
and recommendation of the Fire Chief, dated April 11, 2002, approved for
submission by the Mayor, regarding a Fleet Replacement Program for Fire
and Rescue apparatus, the Council does hereby determine to keep this
subject matter in the Capital Improvement Committee for tracking
purposes
On a motion by Vandersloot, seconded by Taylor, and unanimously
adopted, it was
CR 283-02 RESOLVED, that having considered the report and
recommendation of the Capital Improvement Committee, dated May 7,
2002, submitted pursuant to Council Resolution 216-02, and the report
and recommendation of the Fire Chief, dated April 11, 2002, approved for
submission by the Mayor, regarding a Fleet Replacement Program for Fire
and Rescue apparatus, the Council does hereby refer the subject of an
analysis of the cost of financing versus cash purchase of the fire engines
to the Finance Director for his report and recommendation
Councilmember Taylor gave first reading to the following
Ordinance
AN ORDINANCE AMENDING SECTION 10 03 OF
ARTICLE X OF ORDINANCE NO 543, AS AMENDED,
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KNOWN AND CITED AS "THE CITY OF LIVONIA ZONING
ORDINANCE" (PETITION 01-3-6-3)
The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in the
Office of the City Clerk, and is the same as if word for word repeated herein
Councilmember Taylor invoked the Emergency Clause and gave second
reading to the foregoing Ordinance and a roll call vote was taken thereon with the
following result:
AYES Laura, Brosnan, Knapp, Vandersloot, Dolan, Taylor and
Engebretson
NAYS None
The President declared the foregoing Ordinance duly adopted, and would become
effective on publication
Councilmember Brosnan gave first reading to the following
Ordinance
AN ORDINANCE AMENDING SECTION 1102 OF
ARTICLE XI OF ORDINANCE NO 543, AS AMENDED,
KNOWN AND CITED AS "THE CITY OF LIVONIA ZONING
ORDINANCE" (PETITION 01-3-6-3)
The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in the
Office of the City Clerk, and is the same as if word for word repeated herein
Councilmember Brosnan invoked the Emergency Clause and gave
second reading to the foregoing Ordinance and a roll call vote was taken thereon with
the following result:
AYES Laura, Brosnan, Knapp, Vandersloot, Dolan, Taylor and
Engebretson
NAYS None
33568
The President declared the foregoing Ordinance duly adopted, and would become
effective on publication
Councilmember Brosnan gave first reading to the following
Ordinance
AN ORDINANCE AMENDING SECTION 1103 OF
ARTICLE XI OF ORDINANCE NO 543, AS AMENDED,
KNOWN AND CITED AS "THE CITY OF LIVONIA ZONING
ORDINANCE" (PETITION 01-3-6-3) (CR 795-01)
The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in the
Office of the City Clerk, and is the same as if word for word repeated herein
Councilmember Brosnan invoked the Emergency Clause and gave
second reading to the foregoing Ordinance and a roll call vote was taken thereon with
the following result:
AYES Laura, Brosnan, Knapp, Vandersloot, Dolan, Taylor 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 AMENDING SECTIONS 010 AND 390
AND ADDING SECTION 391 TO CHAPTER 08 (ELECTION
PRECINCTS) OF TITLE 1 OF THE LIVONIA CODE OF
ORDINANCES, AS AMENDED
A roll call vote was taken on the foregoing Ordinance with the following result:
AYES Laura, Brosnan, Knapp, Vandersloot, Dolan, Taylor and
Engebretson
33569
NAYS None
The President declared the foregoing Ordinance duly adopted, and would
become effective on publication
On a motion by Knapp, seconded by Laura, it was
RESOLVED, that having considered the report and
recommendation of the Water and Sewer Board, dated April 30, 2002,
which bears the signature of the Director of Finance and is approved for
submission by the Mayor, with regard to the request of the Detroit Water
and Sewerage Department for support to end inequitable practices by the
Michigan Department of Transportation in connection with their policy
regarding reimbursement for water and sewer utility relocation costs, the
Council does hereby refer this item to the Water, Sewer and Waste
Committee for its report and recommendation
Councilmember Laura withdrew his support from the above-mentioned resolution
Councilmember Knapp withdrew his motion on the above-mentioned resolution
On a motion by Brosnan, seconded by Taylor, and unanimously adopted,
it was
CR 284-02 RESOLVED, that having considered the report and
recommendation of the Water and Sewer Board, dated April 30, 2002,
which bears the signature of the Director of Finance and is approved for
submission by the Mayor, with regard to the request of the Detroit Water
and Sewerage Department for support to end inequitable practices by the
Michigan Department of Transportation in connection with their policy
regarding reimbursement for water and sewer utility relocation costs, the
Council does hereby determine to take no further action on this matter
On a motion by Brosnan, seconded by Dolan, and unanimously adopted, it
was
CR 285-02 RESOLVED, that having considered a communication from
the City Planning Commission, dated April 29, 2002, which transmits its
resolution 04-54-2002 adopted on April 23, 2002, with regard to Petition
02-1-8-3 submitted by Jay Nitzkin, D D S , on behalf of Nitzkin Dental
Clinic, requesting site plan approval in connection with a proposal to
renovate the exterior building elevations of the commercial building
located at 33428 Five Mile Road in the Southeast 1/4 of Section 16,
pursuant to the provisions set forth in Section 18 47 of Ordinance No 543,
33570
as amended, the Council does hereby concur in the recommendation of
the Planning Commission and Petition 02-1-8-3 is hereby approved and
granted, subject to the following conditions
1 That the Site and Landscape Plan dated April 3, 2002, as revised,
prepared by Garnet R. Cousins & Associates, is hereby approved
and shall be adhered to, except for the fact that the Colorado Blue
Spruce trees shall be replaced with Mugo Pines or a similar species
of plant;
2 That all disturbed lawn areas shall be sodded in lieu of
hydroseeding,
3 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,
4 That the Exterior Building Elevation Plan dated April 8, 2002, as
revised, prepared by Garnet R. Cousins & Associates, is hereby
approved and shall be adhered to,
5 That the three walls of the trash dumpster area shall be constructed
out of masonry blocks, the wall's color shall match that of the
building and the enclosure gates shall be maintained and when not
in use closed at all times,
6 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;
7 That the conforming wall sign, as shown on the approved Elevation
Plan, is hereby approved with this petition, and any additional
signage shall be separately submitted for review and approval by
the Planning Commission and City Council,
8 That all directional signage shall conform to Section 18 50D
Permitted Signs, subsection (i) of Zoning Ordinance #543, and
9 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
Petitioner Jay Nitzkin, 33428 Five Mile Road, 48154, answered questions of the Council
regarding trash compaction
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On a motion by Knapp, seconded by Dolan, it was
CR 286-02 RESOLVED, that having considered a communication from
the City Planning Commission, dated April 29, 2002, which transmits its
resolution 04-52-2002 adopted on April 23, 2002, with regard to Petition
02-3-8-10 submitted by Sam Baki, on behalf of Baki's Unique Homes,
requesting site plan approval in connection with a proposal to construct a
condominium development on property located on the west side of
Middlebelt Road between Joy Road and Grandon Avenue in the
Southeast 1/4 of Section 35, pursuant to the provisions set forth in Section
18 58 of Ordinance No 543, as amended, the Council does hereby concur
in the recommendation of the Planning Commission and Petition 02-3-8-
10 is hereby approved and granted, subject to the following conditions
1 That the Site and Landscape Plan dated April 11, 2002, as revised,
submitted by Baki's Unique Homes, is hereby approved and shall
be adhered to,
2 That all disturbed lawn areas shall be sodded in lieu of
hydroseeding,
3 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,
4 That the Exterior Building Elevation Plans marked Sheet 2 and
Sheet 3, both dated March 15, 2002, prepared by Heritage Design
Group, is hereby approved and shall be adhered to, except for the
following
- 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,
- That the surround of any outside chimney shall be constructed
out of brick,
5 That the brick used in the construction shall be full-face four (4)
inch brick, no exception,
6 That this approval is subject to the petitioner being granted a
variance from the Zoning Board of Appeals for deficient setbacks
and any conditions related thereto, and
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7 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 resolution with the following result:
AYES Laura, Knapp, Vandersloot, Dolan, Taylor and
Engebretson
NAYS Brosnan
The President declared the resolution duly adopted
On a motion by Taylor, seconded by Brosnan, and unanimously adopted,
it was.
CR 287-02 RESOLVED, that having considered a communication from
the City Planning Commission, dated March 11, 2002, which sets forth its
resolution 02-27-2002 adopted on February 26, 2002, with regard to
Petition 01-12-1-14, submitted by William Skubik, on behalf of Odyssey
Investments, for a change of zoning of property located on the west side
of Brentwood Avenue between Seven Mile Road and Clarita Avenue in
the Northwest 1/4 of Section 12 from OS to R-1, and the Council having
conducted a public hearing with regard to this matter on May 6, 2002,
pursuant to Council Resolution 177-02, the Council does hereby approve
Petition 01-12-1-14 for preparation of the ordinance for submission to
Council, and the City Planner is hereby instructed to cause the necessary
map for publication to be prepared indicating the zoning change herein
approved and to furnish the same to the Department of Law and, upon
receipt of such map, the Department of Law is requested to prepare an
ordinance amending Ordinance No 543, as amended, in accordance with
this resolution
On a motion by Brosnan, seconded by Laura, and unanimously adopted, it
was
CR 288-02 RESOLVED, the Council does hereby refer the Seven Mile
Road right-of-way issue in connection with rezoning Petitions 01-12-1-14
and 01-12-1-15 to the Department of Law for its report and
recommendation
f. On a motion by Taylor, seconded by Brosnan, and unanimously adopted,
it was
33573
CR 289-02 RESOLVED, that having considered a communication from
the City Planning Commission, dated March 11, 2002, which sets forth its
resolution 02-28-2002 adopted on February 26, 2002, with regard to
Petition 01-12-1-15, submitted by William Skubik, on behalf of Odyssey
Investments, for a change of zoning of property located on the south side
of Seven Mile Road between Brentwood and Maplewood Avenues in the
Northwest 1/4 of Section 12 from OS to R-1, and the Council having
conducted a public hearing with regard to this matter on May 6, 2002,
pursuant to Council Resolution 177-02, the Council does hereby approve
Petition 01-12-1-15 for preparation of the ordinance for submission to
Council, and the City Planner is hereby instructed to cause the necessary
map for publication to be prepared indicating the zoning change herein
approved and to furnish the same to the Department of Law and, upon
receipt of such map, the Department of Law is requested to prepare an
ordinance amending Ordinance No 543, as amended, in accordance with
this resolution
On a motion by Vandersloot, seconded by Dolan, and unanimously
adopted, it was.
CR 290-02 RESOLVED, that having considered a communication from
the City Planning Commission, dated March 11, 2002, which sets forth its
resolution 02-29-2002 adopted on February 26, 2002, with regard to
Petition 02-1-1-1, submitted by the City Planning Commission, for a
change of zoning of property located on the west side of Floral Avenue
between Joy Road and Cleveland Elementary School in the Southeast 1/4
of Section 36 from RUF to R-1, and the Council having conducted a public
hearing with regard to this matter on May 6, 2002, pursuant to Council
Resolution 177-02, the Council does hereby approve Petition 02-1-1-1 for
preparation of the ordinance for submission to Council, and the City
Planner is hereby instructed to cause the necessary map for publication to
be prepared indicating the zoning change herein approved and to furnish
the same to the Department of Law and, upon receipt of such map, the
Department of Law is requested to prepare an ordinance amending
Ordinance No 543, as amended, in accordance with this resolution
On a motion by Taylor, seconded by Brosnan, and unanimously adopted,
it was
CR 291-02 RESOLVED, that having considered the report and
recommendation of the Director of Finance, dated April 22, 2002,
approved for submission by the Mayor, transmitting copies of the City of
Livonia audits for the General Purpose Finance Statements, Economic
Development Corporation and 16th District Court for the fiscal year ended
33574
Ito November 30, 2001, the Council does hereby refer this item to the
Finance, Insurance and Budget Committee for its report and
recommendation
On a motion by Brosnan, seconded by Dolan, and unanimously adopted,
this 1,465th Regular Meeting of the Council of the City of Livonia was adjourned at
8 55 p m , May 22, 2002
api.. -Me L---v-7/4-A-,
an McCotter, City Clerk