HomeMy WebLinkAboutCOUNCIL MINUTES 2006-05-24 35714
{ MINUTES OF THE ONE THOUSAND FIVE HUNDRED SIXTY-FIRST
REGULAR MEETING OF MAY 24, 2006
On May 24, 2006, the above meeting was held at the City Hall, 33000
Civic Center Drive, Livonia, Michigan, and was called to order by the President of
the Council at 8 00 p m Councilmember Robinson led the Council in the recitation
of the Pledge of Allegiance He also invited everyone to participate in the
dedication of the Veteran's Memorial located on the northeast corner of Five Mile
and Farmington Roads, and the City's Memorial Day celebration, on Saturday, May
27, 2006
Roll was called with the following result Thomas Robinson, Gerald
Taylor, Donald Knapp, Brian Meakin, Terry Godfroid-Marecki, Joe Laura and James
McCann
Absent. None
Elected and appointed officials present. Mayor Jack Engebretson,
Robert Schron, City Engineer; Mark Taormina, City Planner; Sean Kavanagh, City
Attorney; Val Vandersloot, City Clerk, Karen Szymula, Director of Legislative Affairs,
Carol Smiley, Planning Commission and Yvonne Lillibridge, President of Union Local
192
On a motion by Robinson, seconded by Taylor, and unanimously
adopted, it was
CR 227-06 RESOLVED, that the minutes of the 1,560th Regular
Meeting of the Council held May 10, 2006 are hereby approved as
submitted
During the audience communication portion of the agenda,
Councilmember Meakin sent "Happy Birthday" wishes to both his wife, Colleen, who
will celebrate her birthday on May 28 and his son, Brendan, who will celebrate his
birthday on May 31
Regular Meeting of May 24, 2006 35715
Council President McCann announced that Public Hearings for the
following items will be held on Monday, June 5, 2006 at TOO P m , in the Auditorium
of the Livonia City Hall, 33000 Civic Center Drive, Livonia, MI
ITEM
1 Sam Shamie, Managing Member SIJL Development Company, LLC, 26111
W 14 Mile Road, Suite LL-4, Franklin, MI 48025, requests the establishment
of an Industrial Development District at 31601 Industrial Road, Livonia, MI
48150 for GST AutoLeather (Research and Development Facility) of New
Jersey
2 Gary Bonnell, Secretary/Treasurer, Skyway Precision, Inc., 41225 Plymouth
Road, Plymouth, MI 48170, requests approval of an Industrial Facilities
Exemption Certificate for the facility located at 39100 Plymouth Road, Livonia,
MI 48150 (IDD #101)
A revised set of plans submitted by Wilkie & Zanley, Architects,
received on May 23, 2006, re a proposal to construct additions to Community
Choice Credit Union, located at 15420 Farmington Road, were received and placed
on file for the information of the Council (Petition 2006-03-08-08) [Agenda Item
#18]
A letter from Councilmember Godfroid-Marecki, dated May 24, 2006
re term limits and the ZBA appointment of Matthew Henzi by Councilmember Laura
on May 24, 2006, was received and placed on file for the information of the Council
(Agenda Item #19)
On a motion by Taylor, seconded by Knapp, it was
CR 228-06 RESOLVED, that having considered an application from
Rebekah and Brittany Choraszewski, 20201 Antago, dated April 25,
2006, requesting permission to close Norfolk between Antago and St.
Francis on Saturday, June 3, 2006, from 2.00 p m. to 9.00 p m for the
purpose of conducting a graduation party, the Council does hereby
grant permission as requested, the action taken herein being made
subject to the approval of the Police Department
CR 229-06 RESOLVED, that having considered an application from
Andrea Barterian, 9829 Shadyside, dated April 20, 2006, requesting
permission to close Shadyside between Orangelawn and West
Regular Meeting of May 24, 2006 35716
Chicago on Saturday, August 19, 2006, from 4 00 p m to 10 00 p m
for the purpose of conducting a block party, the Council does hereby
grant permission as requested, including therein permission to conduct
the said affair on Sunday, August 20, 2006, in the event of inclement
weather, the action taken herein being made subject to the approval of
the Police Department.
CR 230-06 RESOLVED, that having considered an application from
Suzanne Shingler, 28652 Grandon, dated May 7, 2006, requesting
permission to close Grandon between Harrison and Brentwood on
Saturday, June 24, 2006, from 2 00 p m to 10 00 p m for the purpose
of conducting a block party, the Council does hereby grant permission
as requested, including therein permission to conduct the said affair on
Sunday, June 25, 2006, in the event of inclement weather, the action
taken herein being made subject to the approval of the Police
Department.
CR 231-06 RESOLVED, that having considered a letter from Karen
Gray and Karen White, on behalf of the Stevenson High School
Booster Club, dated May 3, 2006, which requests permission to display
14" x 22" signs advertising the Stevenson High School Fall Craft Show
to be conducted on Saturday, November 4, 2006, which signs shall be
installed on Friday, November 3, 2006, and removed no later than
Sunday, November 5, 2006, at various locations in the City, the
Council does hereby grant and approve this request in the manner and
form herein submitted, with the understanding that the City is not
responsible should the signs be removed by Wayne County
CR 232-06 RESOLVED, that having considered a communication
from the Chairperson of the Livonia Arts Commission and the Director
of Community Resources, dated April 24, 2006, approved for
submission by the Mayor, which requests permission to display signs
announcing the "Livonia Art from the Heart" Arts and Crafts Show
(formerly the "Greenmead Arts and Crafts Show") to be held on
Saturday, June 10 and Sunday, June 11, 2006, on the City Hall
grounds, which signs are to be 18" x 24" in size and which will be
displayed at all major intersections in the City from Sunday, June 4,
2006, through Monday, June 12, 2006, the Council does hereby grant
and approve this request in the manner and form herein submitted
CR 233-06 RESOLVED, that having considered a communication
from the Director of Community Resources and the Chairperson of the
Historical Commission, dated April 26, 2006, approved for submission
by the Mayor, which requests permission to display two banner signs
(4' x 8') on the fencing at Greenmead and 25" x 15" signs at various
locations in the City announcing the Flea Market to be held Sunday,
Regular Meeting of May 24, 2006 35717
June 4, 2006, at Greenmead, which signs shall be installed no earlier
than Friday, May 19, 2006, and removed no later than Tuesday, June
6, 2006, the Council does hereby grant and approve this request in the
manner and form herein submitted
A communication from the President of the Obioha Investment Group,
Inc., dated May 2, 2006, re withdrawal of request to transfer 2005 SDD and SDM
liquor licenses from Uncles & Nephews, Inc , d/b/a/ Country Style Market, located at
19610 Middlebelt Road, was received and placed on file for the information of the
Council
CR 234-06 RESOLVED, that having considered a letter from the
Michigan Liquor Control Commission, dated October 3, 2005, and the
report and recommendation of the Chief of Police, dated April 10,
2006, approved for submission by the Mayor, with regard to the
request from Obioha Investment Group, Inc., for transfer of ownership
of a 2005 SDD and SDM licensed business from Uncles & Nephews,
Inc , for a business located at 19610 Middlebelt Road, Livonia,
Michigan 48154, Wayne County, and the communication from the
President of the Obioha Investment Group, Inc , dated May 2, 2006,
withdrawing its application for the license transfers, the Council does
hereby determine to take no further action with regard to this matter
CR 235-06 RESOLVED, that having considered a communication
from the Mayor, dated May 8, 2006, the Council does hereby approve
of and concur in the reappointment of Mr H Shane, 15635 Ellen Drive,
Livonia, Michigan 48154, to the City Planning Commission for a term of
three years, which will expire on June 9, 2009
CR 236-06 RESOLVED, that having considered a communication
from the Mayor, dated May 8, 2006, the Council does hereby approve
of and concur in the reappointment of Ms Carol Smiley, 19862
Stamford Drive, Livonia, Michigan 48152, to the City Planning
Commission for a term of three years, which will expire on June 9,
2009
CR 237-06 RESOLVED, that having considered the report and
recommendation of the Director of Finance, dated April 27, 2006,
approved for submission by the Mayor, requesting to delay the levy of
the local transportation and capital improvement millage from July 1,
2006 to December 1, 2006, as the City has secured an agreement with
Regular Meeting of May 24, 2006 35718
SMART to continue to provide services until November 30, 2006, the
Council does hereby concur in and approve this request; and the
Director of Finance and the City Treasurer are hereby requested to do
it all things necessary or incidental to the full performance of this
resolution
CR 238-06 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 2006-2007 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 that
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 2006-2007
Community Development Block Grant Program are hereby approved
and shall be submitted to the Department of Housing and Urban
Development.
60,
Regular Meeting of May 24, 2006 35719
CR 239-06 RESOLVED, that having considered the report and
recommendation of the Information Systems Director and the Director
of Finance, dated May 8, 2006, approved for submission by the Mayor,
the Council does hereby accept the proposal submitted by Plante &
Moran, PLLC, 27400 Northwestern Highway, P 0 Box 307, Southfield
MI 48037-0307 for Project Management Consultant Services in
connection with the replacement of the New World Systems' Financial
Management System Software, such software purchase and funding
sources having been previously approved in Council Resolution 165-
06, adopted on April 12, 2006, FURTHER, the Council does hereby
authorize said services without competitive bidding for the reasons
indicated in the aforesaid communication, and such action is taken in
accordance Section 3 04 140D 2 of the Livonia Code of Ordinances,
as amended, and the Information Systems Director is hereby
authorized to approve minor adjustments in the work as it becomes
necessary; and the Mayor and City Clerk are hereby authorized, for
and on behalf of the City of Livonia, to execute a contract with the
aforesaid bidder and to do all other things necessary or incidental to
the full performance of this resolution
CR 240-06 RESOLVED, that having considered the report and
recommendation of the Director of Public Works and the City Engineer,
dated April 24, 2006, 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 Florence Cement Company, 12798 23
Mile Road, Shelby Township, Michigan 48315, for performing all work
in connection with a portion of the 2006 Asphalt Pavement
Reconstruction and Rehabilitation Program (Contract 06-A) on various
streets throughout the City of Livonia pursuant to the Pavement
Management Study, for the estimated total cost of $739,632 50, based
on the Engineering Division's estimate of units of work involved and
subject to the final payment based on the actual units of work as
constructed in accordance with the unit prices accepted herein, 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 an amount not to exceed $739,632 50 from funds
already budgeted in the Road, Sidewalk and Tree Fund as follows
Account No 204-463-818-110 (Reconstruction) $691,382 50
Account No 204-463-818-114 (Maintenance) 48,250 00
for this purpose, and the City Engineer is hereby authorized to approve
any minor adjustments in the work as completed, 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
Regular Meeting of May 24, 2006 35720
other things necessary or incidental to the full performance of this
resolution
CR 241-06 RESOLVED, that having considered the report and
recommendation of the Director of Public Works and the City Engineer,
dated April 24, 2006, 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 Hayball Transport, Inc , 12550
Farmington Road, Livonia, Michigan 48150, for performing all work in
connection with a portion of the 2006 Asphalt Pavement
Reconstruction and Rehabilitation Program (Contract 06-K) on various
streets throughout the City of Livonia pursuant to the Pavement
Management Study, for the estimated total cost of $1,138,717.25,
based on the Engineering Division's estimate of units of work involved
and subject to the final payment based on the actual units of work as
constructed in accordance with the unit prices accepted herein, 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 an amount not to exceed $1,138,717.25 from funds
already budgeted in the Road, Sidewalk and Tree Fund as follows
Account No 204-463-818-110 (Reconstruction) $556,258 40
Account No 204-463-818-112 (Rehabilitation) 582,458 85
for this purpose, and the City Engineer is hereby authorized to approve
any minor adjustments in the work as completed, 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 242-06 RESOLVED, that having considered the report and
recommendation of the Director of Public Works and the City Engineer,
dated May 3, 2006, 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 Major Cement Company, 15347 Dale
Street, Detroit, Michigan 48226, for performing all work in connection
with the 2006 Concrete Pavement Reconstruction and Rehabilitation
Program (Contract 06-C) on various streets throughout the City of
Livonia pursuant to the Pavement Management Study, for the
estimated total cost of $1 ,992,488 00, based on the Engineering
Division's estimate of units of work involved and subject to the final
payment based on the actual units of work as constructed in
accordance with the unit prices accepted herein, 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 an
Regular Meeting of May 24, 2006 35721
amount not to exceed $2,032,488 00 from funds already budgeted in
the Road, Sidewalk and Tree Fund as follows
Account No 204-463-818-110 (Reconstruction) $279,445 86
Account No 204-463-818-112 (Rehabilitation) 730,659.20
Account No 204-463-818-114 (Maintenance) 1,022,382 94
for this purpose, including the contingency of $40,000 00 if necessary
to remove additional scattered slabs to improve the project; and the
City Engineer is hereby authorized to approve any minor adjustments
in the work as completed, 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 243-06 RESOLVED, that having considered the report and
recommendation of the Director of Public Works, the City Engineer and
the Director of Community Resources, dated May 3, 2006, 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 J & B
Painting, 12840 Farmington Road, Livonia, Michigan 48150, for
completing all work required in connection with the repainting of the
Alexander Blue House at Greenmead for the total cost of $16,200 00,
the same having been in fact the lowest and only bid received and
meets all specifications, FURTHER, the Council does hereby
appropriate and authorize an expenditure in the amount of $16,200 00
from Trust Fund Account No 723-000-757-000 for this purpose, and
the City Engineer 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
A communication from the Department of Law, dated May 3, 2006, re
A Second Amendment to Consent Judgment relative to Oakwood Healthcare
System, et al v City of Livonia, Wayne County Circuit Court Case No 97-704696-
NZ., and was entered by the Court on April 21, 2006, was received and placed on
file for the information of the Council (CR 111-06)
CR 244-06 RESOLVED, that having considered a communication
from the City Planning Commission, dated April 27, 2006, which
transmits its resolution 04-46-2006 adopted on April 25, 2006, with
Regular Meeting of May 24, 2006 35722
regard to Petition 2006-03-08-08, submitted by Wilkie & Zanley,
Architects, on behalf of Community Choice Credit Union, requesting
site plan approval in connection with a proposal to construct additions
to the credit union located at 15420 Farmington Road, on the east side
of Farmington Road, between Five Mile Road and Roycroft Avenue in
the Southwest 1/4 of Section 15, 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 Planning
Commission and Petition 2006-03-08-08 is hereby approved and
granted, subject to the following conditions
1 That the Site Plan marked Sheet P-1 a dated May 22, 2006, as
revised, prepared by Wilkie & Zanley, Architects, is hereby
approved and shall be adhered to,
2 That a bypass lane shall be installed for the ATM,
3 That the Landscape Plan marked Sheet L-1 dated May 22,
2006, as revised, prepared by Wilkie & Zanley, Architects, is
hereby approved and shall be adhered to, except that the maple
trees shown on the landscape plan be replaced with trees from
the City's Approved Tree Species List;
4 That the height of the planted trees shall be measured from the
top of the root ball to the mid-point of the top leader;
5 That all disturbed lawn areas shall be sodded in lieu of
hydroseeding,
6 That underground sprinklers are to be provided for all
landscaped and sodded areas and all planted materials shall be
installed to the satisfaction of the Inspection Department and
thereafter permanently maintained in a healthy condition,
7 That the Exterior Building Elevation Plan Sheet P-8 dated May
22, 2006, as revised, prepared by Wilkie & Zanley, Architects, is
hereby approved and shall be adhered to,
8 That the stair tower shall be constructed of all brick, and the
brick used in the construction of the additions shall match the
brick of the existing building
9 That all rooftop mechanical equipment shall be concealed from
public view on all sides by screening that shall be of a
compatible character, material and color to other exterior
materials on the building,
Regular Meeting of May 24, 2006 35723
10 That the three walls of the trash dumpster area shall be
constructed out of the same brick used in the construction of the
building, or in the event a poured wall is substituted, the wall's
design, texture and color shall match that of the building and the
enclosure gates shall be maintained and when not in use closed
at all times,
11 That the petitioner shall secure the necessary storm water
management permits from Wayne County, the City of Livonia,
and/or the State of Michigan,
12 That all light fixtures shall not exceed 20 feet in height and shall
be aimed and shielded so as to minimize stray light trespassing
across property lines and glaring into adjacent roadway;
13 That the petitioner shall correct to the Fire Department's
satisfaction the item outlined in the correspondence dated
March 17, 2006,
14 That a protective wall shall be erected along the east property
line to the satisfaction of the Inspection Department,
15 That the signage shown on the elevation plan is hereby
approved and shall be adhered to,
16 That no LED lightband or exposed neon shall be permitted on
this site including, but not limited to, the building or around the
windows,
17 That this approval is subject to the petitioner being granted a
variance from the Zoning Board of Appeals for adding on to a
nonconforming building and excess signage and any conditions
related thereto, and
18 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
CR 245-06 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 reappointed to the Zoning Board of Appeals for a three-year
term expiring July 12, 2009, with all the authority and duties as set
forth in the said Zoning Ordinance and Act 207
Regular Meeting of May 24, 2006 35724
CR 246-06 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, Robert Sills, 34824 Wood, Livonia, Michigan 48154, is
hereby reappointed to the Zoning Board of Appeals for a three-year
term expiring July 12, 2009, with all the authority and duties as set
forth in the said Zoning Ordinance and Act 207
CR 247-06 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, Toni Audia Aloe, 17921 Fairfield, Livonia, Michigan 48152,
is hereby reappointed to the Zoning Board of Appeals for a three-year
term expiring July 12, 2009, with all the authority and duties as set
forth in the said Zoning Ordinance and Act 207
A roll call vote was taken on the foregoing resolutions with the following result:
AYES Robinson, Taylor, Knapp, Meakin, Godfroid-Marecki, Laura
and McCann
NAYS None
A communication from the Public Service Division, dated March 30,
2006, re 2005 Road Repair Program — Levan Road, Curtis to Seven Mile Road,
relative to correcting the rough riding quality of Levan Road, was received and
placed on file for the information of the Council
This item is to remain in the Streets, Road and Plats Committee
The Annual Audit Reports, prepared by Plante & Moran, PLLC, dated
February 14, 2006, re for the fiscal year December 1, 2004 — November 30, 2005
were received and placed on file for the information of the Council
A communication from the Department of Finance, dated May 16,
2006, re additional information requested from Plante & Moran, PLLC, relative to
the Annual Audit Reports for the fiscal year December 1, 2004 — November 30,
2005, was received and placed on file for the information of the Council
Regular Meeting of May 24, 2006 35725
A communication from Ralph E Williams, 18630 Foch, Livonia, 48152,
dated May 12, 2006, re voicing his concerns about the selection of an engineering
lir
consultant firm for the proposed Water System Repair and Improvement Program,
was received and placed on file for the information of the Council (CR 151-06)
A communication from George P Nichols, Project Manager, Spalding
DeDecker Associates, Inc., dated May 12, 2006, re the City's proposed Water
System Repair and Improvement Program, was received and placed on file for the
information of the Council (CR 151-06)
On a motion by Taylor, seconded by Knapp, and unanimously
adopted, it was
CR 248-06 RESOLVED, that having considered the report and
recommendation of the Water, Sewer and Waste Committee, dated
May 9, 2006, submitted pursuant to Council Resolution 151-06, in
connection with the selection of a consultant to complete all
engineering services required for the preparation of plans and
specifications, construction inspection and administration for the
proposed Water Capital Improvement Program, the Council does
hereby authorize the Administration to negotiate a contract with
Hubbell, Roth & Clark, Inc , 2001 Centerpoint Parkway, Suite 109,
Pontiac, Michigan 48341, as consultants to complete all engineering
services in connection with the Water Capital Improvement Program
based upon their proposals submitted, FURTHER, in the event
negotiations with this firm cannot be finalized, the Council does hereby
authorize the Administration to negotiate with the next ranked firm of
Spalding, DeDecker Associates, Inc , 220 W Congress, Suite 400,
Detroit, Michigan 48226, based upon their proposal submitted for this
project.
Councilmember Meakin gave first reading to the following Ordinance
AN ORDINANCE AMENDING SECTION 2 09 OF
ARTICLE II OF ORDINANCE NO 543, AS AMENDED,
Regular Meeting of May 24, 2006 35726
KNOWN AND CITED AS "THE CITY OF LIVONIA
ZONING ORDINANCE" (Petition 2005-10-06-03)
The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in the
Office of the City Clerk and is the same as if word for word repeated herein The
above Ordinance was placed on the table for consideration at the next regular
meeting
Councilmember Taylor gave first reading to the following Ordinance
AN ORDINANCE AMENDING SECTION 18 37 OF
ARTICLE XVIII OF ORDINANCE NO 543, AS
AMENDED, KNOWN AND CITED AS "THE CITY OF
LIVONIA ZONING ORDINANCE" (Petition 2005-10-06-
03)
The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in the
Office of the City Clerk and is the same as if word for word repeated herein The
above Ordinance was placed on the table for consideration at the next regular
meeting
On a motion by Laura, seconded by Meakin, it was
CR 249-06 RESOLVED, that having considered a letter from Pete
Bevacqua, Bevacqua Building Inc., dated May 3, 2006, requesting a
waiver of the sidewalk requirement in front of the homes located at
20301 Hugh and 20305 Hugh in the Northeast 1/4 of Section 2, and
having further considered the report and recommendation of the City
Engineer, dated May 11, 2006, approved for submission by the Mayor,
the Council does hereby approve this request inasmuch as omitting the
sidewalk on the subject property would have no detrimental effect upon
the neighboring properties at this time, 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:
Regular Meeting of May 24, 2006 35727
AYES Robinson, Knapp, Meakin and Laura
it NAYS Taylor, Godfroid-Marecki and McCann
The President declared the foregoing resolution duly adopted
On a motion by Laura, seconded by Meakin, it was
RESOLVED, that having considered a letter from Pete
Bevacqua, Bevacqua Building Inc., dated May 3, 2006, requesting a
waiver of the sidewalk requirement in front of the home located at
20275 Fremont in the Northeast 1/4 of Section 2, and having further
considered the report and recommendation of the City Engineer, dated
May 11, 1006, approved for submission by the Mayor, the Council
does hereby approve this request inasmuch as omitting the sidewalk
on the subject property would have no detrimental effect upon the
neighboring properties at this time, 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 Robinson, Meakin and Laura
NAYS Taylor, Knapp, Godfroid-Marecki and McCann
The President declared the resolution failed
On a motion by Taylor, seconded by Godfroid-Marecki, it was
CR 250-06 RESOLVED, that having considered a letter from Pete
Bevacqua, Bevacqua Building Inc , dated May 3, 2006, requesting a
waiver of the sidewalk requirement in front of the home located at
20275 Fremont in the Northeast 1/4 of Section 2, and having further
considered the report and recommendation of the City Engineer, dated
May 11, 1006, approved for submission by the Mayor, the Council
does hereby deny this request since there are sidewalks in this
Regular Meeting of May 24, 2006 35728
neighborhood and granting this request would be detrimental to the
best interests of the city and its residents
A roll call vote was taken on the foregoing resolution with the following result:
AYES Robinson, Taylor, Knapp, Meakin, Godfroid-Marecki and
McCann
NAYS Laura
The President declared the resolution duly adopted
A Space Plan, submitted by Jarmel Kizel, Architects and Engineers, on
behalf of The Learning Experience, dated May 18, 2006, re a proposal to construct
a childcare facility at 37555 Seven Mile Road, was received and placed on file for
the information of the Council (Petition 2006-03-08-06)
On a motion by Taylor, seconded by Knapp, and unanimously
adopted, it was
CR 251-06 RESOLVED, that having considered a communication
from the City Planning Commission, dated April 27, 2006, which
transmits its resolution 04-47-2006 adopted on April 25, 2006, with
regard to Petition 2006-03-08-06, submitted by Talon Development
Group, on behalf of The Learning Experience, requesting site plan
approval in connection with a proposal to construct a childcare facility
on property located at 37555 Seven Mile Road, on the north side of
Seven Mile Road between Victor Parkway and Bethany Road in the
Southeast 1/4 of Section 6, 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 Planning
Commission and Petition 2006-03-08-06 is hereby approved and
granted, subject to the following conditions
1 That the maximum number of children licensed for care at this
facility shall be one hundred eighty (180),
2 That the Site Plan marked Sheet C-3B received by the City
Planning Commission on April 28, 2006, as revised, prepared
by JCK & Associates, is hereby approved and shall be adhered
to, subject to any revisions as noted below;
Regular Meeting of May 24, 2006 35729
3 That the Landscape Plan marked Sheet L-1 received by the City
Planning Commission on April 28, 2006, as revised, prepared
by JCK & Associates, is hereby approved and shall be adhered
to, subject to the following revisions a) that the deciduous trees
shown on the plan shall be replaced with an equal number of
trees selected from the City's Approved Tree Species List; b)
that additional trees and shrubs be planted around the detention
basin subject to the approval of the Planning Department; and
c) that the buffer strip along the north property line shall be
supplemented by such additional landscaping material as shall
be reasonably required by the City;
4 That a sidewalk be installed on the east side of the parking lot
providing access to the walkway leading to the building's main
entrance,
5 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;
6 That all disturbed lawn areas around the building and parking lot
shall be sodded in lieu of hydroseeding, and that the proposed
berm to the west of the parking lot and the detention basin be
seeded with a mix of grasses approved by the Planning
Department;
7 That underground sprinklers are to be provided for all
landscaped and sodded areas around the building and parking
lot, and all planted materials shall be installed to the satisfaction
of the Inspection Department and thereafter permanently
maintained in a healthy condition,
8 That the natural greenbelt along the north property line and the
landscaped greenbelt along the east property line where the
property abuts residential, as shown on the approved plans, are
hereby accepted and shall be substituted for the protective wall
required by Section 18 45 of the Zoning Ordinance,
9 That any change of circumstances in the areas containing the
greenbelts resulting in a diminution of the greenbelt's
effectiveness as a protective barrier, the owner of the property
shall be required to submit such changes to the Planning
Commission for their review and approval or immediately
construct the protective wall pursuant to Section 18 45,
Regular Meeting of May 24, 2006 35730
10 That the Space Plan marked Drawing SA-1 3 dated May 18,
2006, as revised, prepared by Jarmel Kizel Architects and
Engineers, is hereby approved and shall be adhered to,
4/0
11 That this facility shall be constructed of at least 50% brick and
the brick used in the construction shall be full face 4 inch brick,
12 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,
13 That the three walls of the trash dumpster area shall be
constructed out of the same brick used in the construction of the
building or in the event a poured wall is substituted, the wall's
design, texture and color shall match that of the building and the
enclosure gates shall be maintained and when not in use closed
at all times,
14 That the petitioner shall secure the necessary permits, including
stormwater management permits, wetlands permits and soil
erosion and sedimentation control permits, from Wayne County,
the City of Livonia, and/or the State of Michigan Department of
Environmental Quality;
15 That the Developer shall submit for approval an ongoing
mosquito control program, as approved by the Department of
Public Works, describing maintenance operations and larvicide
applications to the City of Livonia Inspection Department prior to
the construction of the stormwater retention facility;
16 That the owner shall provide annual reports to the Inspection
Department on the maintenance and larvicide treatments
completed on the stormwater detention pond,
17 That all light fixtures shall not exceed eighteen (18) feet in
height and shall be aimed and shielded so as to minimize stray
light trespassing across property lines and glaring into adjacent
roadway;
18 That the petitioner shall correct to the Fire Department's
satisfaction the items outlined in the correspondence dated
March 13, 2006,
Regular Meeting of May 24, 2006 35731
19 That the petitioner shall correct to the Engineering Department's
a
satisfaction the items outlined in the correspondence dated
March 21, 2006,
20 That the conforming signage shown on the plans is approved
with this petition,
21 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
22 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 Godfroid-Marecki, seconded by Laura, and
unanimously adopted, it was
CR 252-06 RESOLVED, that in connection with Petition 2006-03-08-
06, submitted by Talon Development Group, on behalf of The Learning
Experience, the Council does hereby refer the subject of a possible
ordinance amendment pertaining to childcare facility play areas to the
City Planning Commission for action and recommendation in
accordance with provisions of law and City ordinance
On a motion by Taylor, seconded by Knapp, and unanimously
adopted, it was
CR 253-06 RESOLVED, that having considered a communication
from the City Planning Commission, dated March 13, 2006, which sets
forth its resolution 03-28-2006 adopted on March 7, 2006, with regard
to Petition 2006-01-06-01, submitted by the City Planning Commission,
pursuant to Section 23 01(b) of Ordinance No 543, the Zoning
Ordinance of the City of Livonia, as amended, to determine whether or
not to amend Section 18 58 of Article XVIII and Section 19 03 of Article
XIX of Zoning Ordinance No 543, as amended, so as to establish new
fees and increase existing fees charged for the review of Site Plans
and Waiver Use Petitions, and the Council having conducted a public
hearing with regard to this matter on Wednesday, May 3, 2006, the
Council does hereby approve Petition 2006-01-06-01 for preparation of
the ordinance for submission to Council, and the Department of Law is
requested to prepare ordinances amending Ordinance No 543, as
amended, in accordance with this resolution
Regular Meeting of May 24, 2006 35732
On a motion Knapp, seconded by Robinson, and unanimously
adopted, it was
CR 254-06 RESOLVED, that having considered a communication
from the City Librarian, dated April 26, 2006, 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
$71,870 00, from the sources indicated therein for use by the Livonia
Public Library as indicated in the aforesaid communication, FURTHER,
the Council does hereby appropriate and credit the amount of
$42,066 00 to Account No 702-000-285-271, $11,950 00 to Account
No 702-000-285-272, and $17,854 00 to Account No 702-000-285-
273 for the purposes as designated by the donors
During the audience communication portion of the agenda at the end
of the meeting, Councilmember Godfroid-Marecki congratulated City Engineer Bob
Schron and his wife on the birth of their great-grandson, Aidan London
On a motion by Taylor, seconded by Robinson, and unanimously
adopted, this 1,561St Regular Meeting of the Council of the City of Livonia was
adjourned at 8 31 p m , May 24, 2006
Val Vandersloot, City Clerk