HomeMy WebLinkAboutCOUNCIL MINUTES 2005-07-20 39250
MINUTES OF THE ONE THOUSAND FIVE HUNDRED FORTY-FIRST
REGULAR MEETING OF JULY 20, 2005
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On July 20, 2005, 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 McCann delivered the invocation
Roll was called with the following result James McCann, Thomas
Robinson, Donald Knapp, Brian Meakin, Frank J Kokenakes, Terry Godfroid-Marecki
and Gerald Taylor
Absent: None
Elected and appointed officials present: Robert Schron, City Engineer;
Mark Taormina, City Planner; Sean Kavanagh, City Attorney; Val I Vandersloot, City
Clerk, Karen Szymula, Director of Legislative Affairs, and former Councilmember
Fernon P Feenstra
On a motion by Knapp, seconded by Kokenakes and unanimously
adopted, it was
CR 349-05 RESOLVED, that the minutes of the 1,540th Regular Meeting
of the Council held July 6, 2005 are hereby approved as submitted
Audience Communication
Councilmember Robinson read a proclamation pertaining to the St.
Andrews Society of Detroit, and he also announced that the Highland Games would be
held at the Livonia Greenmead historical site on August 5th and 6th 2005 Guests from
this organization were recognized by Council, and Robinson stated that the Society was
founded in 1848 and they sponsor an annual picnic to share their culture with over
10,000 people each year There are many Scottish activities for all age groups
Peg Dunlop approached the podium and stated that this year the
entertainment will be directly from Scotland Also, there will be a Tug o' War between
the Livonia Fire Department and the United States Marines She stated there will be a
spectacular Children's area with many activities On Friday night, August 5th, at 5 30
p m the "Ceilidh" (pronounced Kay-lee) will take place, and the cost will be $18 00 for
that event. Tickets for the Highland Games are $15 00 at the gate and advanced tickets
Regular Meeting of July 20, 2005 39251
can be bought at Greenmead at a discounted price of $10 00 Ms Dunlop invited all of
the Councilmembers and the audience to attend this event for a great time!
Brian Hurley, 18481 Glastonbury, requested approval for a block party to be held
on July 30, 2005
On a motion by McCann, seconded by Knapp, and unanimously
adopted, it was
CR 350-05 RESOLVED, that having considered an application from
Anna Hurley, 18481 Glastonbury, dated July 19, 2005, requesting
permission to close Glastonbury Drive between Glengarry and Caliburn
Drive on Saturday, July 30, 2005 from 3 00 p m to 10 00 p m for the
purpose of conducting a block party, the Council does hereby grant
permission as requested, the action taken herein being made subject to
the approval of the Police Department.
Janet Barber, 18997 Gillman, requested approval for her block party to be held
on August 13, 2005 with an August 14, 2005 rain date
On a motion by Knapp, seconded by Godfroid-Marecki, and unanimously
adopted, it was
CR 351-05 RESOLVED, that having considered an application from
Janet Barber, 18997 Gillman, dated July 11, 2005, requesting permission
to close Gillman between Seven Mile Road and Clarita on Saturday,
August 13, 2005, from 12 00 noon to 10 00 p m for the purpose of
conducting a block party, the Council does hereby grant permission as
requested, including therein permission to conduct the said affair on
Sunday, August 14, 2005, in the event of inclement weather, the action
taken herein being made subject to the approval of the Police
Department.
David McCormick, on behalf of Master's Hands Ministry, requested approval for
signage advertising their benefit sale at Trinity Church for August 4-6, 2005
On a motion by Knapp, seconded by Godfroid-Marecki, and unanimously
adopted, it was
CR 352-05 RESOLVED, that having considered a letter from Beth
Patton, Secretary of Master's Hands Ministry, dated July 13, 2005, which
requests permission to display 18" x 24" signs at various locations in the
City announcing Master's Hands benefit sale for missions and community
Regular Meeting of July 20, 2005 39252
development in Haiti, to be held August 4, 5, and 6, 2005, at Trinity
Church, which signs shall be installed no earlier than Thursday, July 28,
2005, and removed no later than Sunday, August 7, 2005, 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
Bill Joslin, representing the Mustang Owners Club of Southeastern Michigan
(MOCSEM), also requested signage for their 17th Annual Mustang Memories and Ford
Car Show and Swap Meet to be held at Greenmead on August 14, 2005
On a motion by McCann, seconded by Kokenakes, and unanimously
adopted, it was
CR 353-05 RESOLVED, that having considered a letter from William
Joslin, Social Director of the Mustang Owners Club of Southeastern
Michigan (MOCSEM), dated July 13, 2005, which requests permission to
display twenty-two 18" x 24" signs at various locations in the City
announcing the 17th Annual Mustang Memories and Ford Car Show and
Swap Meet to be held Sunday, August 14, 2005, at Greenmead, which
signs shall be installed no earlier than Tuesday, August 9, 2005, and
removed no later than Monday, August 15, 2005, 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
Harold Rumbell, 29824 Minton Street, Livonia, MI 48150, posed some
questions to Council with regard to the new location for the Veterans' Memorial, and he
was also referred to Fernon Feenstra, Chairman of the Livonia War Memorial and Wall
of Honor Committee (Agenda Item #4)
Council Vice President Meakin announced that a Public Hearing for the
following items will be held on Wednesday, August 24, 2005 at 7 00 p.m , in the
Auditorium of the Livonia City Hall, 33000 Civic Center Drive, Livonia, Michigan
ITEM
1 Petition 2005-03-06-01 submitted by the City Planning Commission, pursuant
to Council Resolution #137-05, and pursuant to Section 23 01(a) of Ordinance
#543, the Zoning Ordinance of the City of Livonia, as amended, to determine
whether or not to amend Section 11 03(p) of Article XI of Zoning Ordinance #543,
as amended, to give the Planning Commission and City Council additional
authority to regulate new retail uses in excess of 30,000 square feet.
Regular Meeting of July 20, 2005 39253
2. Petition 2005-06-01-04 submitted by Leo Soave Building Company requesting
to rezone properties at 31540, 31560 and 31640 Seven Mile Road, located on the
north side of Seven Mile Road between Merriman Road and Auburndale Avenue in
the Southeast 1/4 of Section 3 from RUFB to R-1
3 Petition 2005-06-01-05 submitted by Mario Tartaglia requesting to rezone
property at 37290 Six Mile Road, located on the north side of Six Mile Road
between Newburgh Road and Fitzgerald Avenue in the Southwest 1/4 of Section 8
from C-1 to C-2
AND
a Public Hearing for the following items will be held on Monday, August 29, 2005 at
7 00 p.m , in the Auditorium of the Livonia City Hall, 33000 Civic Center Drive, Livonia,
Michigan
ITEM.
1 Proposed Special Assessment Street Lighting Project - River Pines Site
Condominiums, South side of Seven Mile Road between Gill and Wayne
Roads, N W 1/4 of Section 9 Establishment of the Assessment Roll
2 Proposed Special Assessment Street Lighting Project - Merriman Forest
Subdivision, East side of Merriman Road between Seven Mile Road and
Mayville, N W '/4 of Section 11 Establishment of the Assessment Roll
3 Proposed Special Assessment Street Lighting Project— Scone Court Lot
Split Development, North side of Schoolcraft Road, West of Newburgh Road,
S E 1/4 of Section 19 Establishment of the Assessment Roll
A communication from the Public Service Division, dated July 15, 2005,
re 2005 Street Tree Planting Program — Award of Contract Clarification - was received
and placed on file for the information of the Council
On a motion by Knapp, seconded by Robinson, it was
CR 354-05 RESOLVED, that having considered an application from Jan
M Humphrey, 11030 Melrose, dated June 27, 2005, requesting
permission to close Melrose between Elmira and Orangelawn on Tuesday,
August 9, 2005, from 5 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
Wednesday, August 10, 2005, in the event of inclement weather, the
Regular Meeting of July 20, 2005 39254
action taken herein being made subject to the approval of the Police
Department.
CR 355-05 RESOLVED, that having considered an application from
Julie Hipshier, 19332 Shadyside, dated July 5, 2005, requesting
permission to close Shadyside between Haldane and Gable on Saturday,
August 6, 2005, 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, the action taken herein being made subject to the approval of
the Police Department.
CR 356-05 RESOLVED, that having considered an application from
Patrick Szuba, 14102 Blackburn, dated July 8, 2005, requesting
permission to close Blackburn between Perth and Scone on Saturday,
August 13, 2005, 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
Saturday, August 20, 2005, in the event of inclement weather, the action
taken herein being made subject to the approval of the Police Department.
CR 357-05 RESOLVED, that having considered the report and
recommendation of the Mayor, dated July 1, 2005, submitted pursuant to
Council Resolutions 564-04 and 715-01, in connection with the proposal to
create a permanent memorial honoring those who have given their lives in
the service of their country, as requested by Council President Gerald D
Taylor and Dale Brubaker, Michigan Veterans of Foreign Wars, the
Council does hereby approve the proposed location of the Veterans
Memorial at the northeast corner of Five Mile and Farmington Roads
CR 358-05 RESOLVED, that having considered the report and
recommendation of the Mayor, dated July 1, 2005, submitted pursuant to
Council Resolutions 564-04 and 715-01, in connection with the proposal to
create a permanent memorial honoring those who have given their lives in
the service of their country, as requested by Council President Gerald D
Taylor and Dale Brubaker, Michigan Veterans of Foreign Wars, the
Council does hereby authorize the City Treasurer to set up an account for
funds collected for the Veterans Memorial and the maintenance of the
Veterans Memorial site to be located at the northeast corner of Five Mile
and Farmington Roads
CR 359-05 RESOLVED, that having considered the report and
recommendation of the Mayor, dated July 1, 2005, submitted pursuant to
Council Resolutions 564-04 and 715-01 , in connection with the proposal to
create a permanent memorial honoring those who have given their lives in
the service of their country, as requested by Council President Gerald D
+r... Taylor and Dale Brubaker, Michigan Veterans of Foreign Wars, the
Regular Meeting of July 20, 2005 39255
Council does hereby refer the subject of collecting funds to develop and
maintain the Veterans Memorial to be located at the northeast corner of
Five Mile and Farmington Roads to the Finance, Insurance and Budget
Committee for its report and recommendation
A communication from the Office of the City Clerk, dated June 23, 2005,
re 2005-06 School Year Tax Rates for Livonia Public Schools, with attached letter from
the Director of Finance of the Livonia Public Schools, dated June 21, 2005 forwarding
the tax rates that were approved by the Board of Education on June 20, 2005, was
received and placed on file for the information of the Council
CR 360-05 RESOLVED, that having considered a letter from the
Michigan Liquor Control Commission, dated February 9, 2005, and the
report and recommendation of the Chief of Police, dated June 21, 2005,
approved for submission by the Director of Public Safety and the Mayor,
the Council does hereby approve of the request from Gracie Enterprises,
Inc for transfer of ownership of a 2004 SDD and SDM Licensed Business
from Bonanza Wine Shop, Inc for a business located at 33614 Plymouth
Road, Livonia, Michigan 48150, Wayne County; and the City Clerk is
hereby requested to forward a certified copy of this resolution to the
Michigan Liquor Control Commission
CR 361-05 RESOLVED, that having considered the report and
recommendation of the Superintendent of Public Service and the Director
of Public Works, dated June 22, 2005, which bears the signature of the
Director of Finance and is approved for submission by the Mayor, the
Council does hereby accept the unit price bid of S S Seeding, Inc., 3210
Adventure Lane, Oxford, Michigan 48371, for completing all work required
in connection with the city's 2005 street tree planting program for the
estimated total cost of $123,537 00, said estimated cost and unit prices
having been in fact the lowest bid received for this item which meets
specifications, FURTHER, the Council does hereby authorize
expenditures in the amount of $123,537 00 (the bid amount) and an
additional amount of $51,463 00 (to allow replacement of trees due to the
Emerald Ash Borer) for the 2005 Street Tree Planting Program, for a total
expenditure of $175,000 00 from funds already budgeted in the Road,
Sidewalk and Tree Fund (Account No 204-781-818-047) for this purpose,
and which amounts shall be paid to S S Seeding, Inc , for the 2005
Street Tree Planting Program based upon the Public Service Division's
estimate of units involved, and subject to final payment based upon the
actual units completed in accordance with the unit prices accepted herein,
FURTHER, in the event the low bidder is unable to supply certain species
Regular Meeting of July 20, 2005 39256
of trees, the Council does hereby accept the unit price bid of the next low
bidder, Great Lakes Landscaping, 25212 Ryan Road, Warren, Michigan
48091, to supply those species for the City's 2005 Street Tree Planting
Program, FURTHER, the Council does hereby reject the low bid of Jared's
Yard Maintenance, Inc for the reasons indicated in the aforementioned
report; and the Director of Public Works is hereby authorized to approve
minor adjustments in the work as it becomes necessary; and the Mayor
and City Clerk are hereby authorized to execute a contract for and on
behalf of the City of Livonia with the aforesaid bidders and to do all other
things necessary or incidental to the full performance of this resolution
CR 362-05 RESOLVED, that having considered the report and
recommendation of the Superintendent of Public Service and the Director
of Public Works, dated June 27, 2005, 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 The Detroit Salt
Company, 12841 Sanders Street, Detroit, Michigan 48217, at the unit price
bid of $23 91 per ton, for an estimated total amount of $98,628 75, for the
period August 1, 2005 through April 1, 2006, 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 Morton Salt, Inc , 123
North Wacker Drive, Chicago, Illinois 60606, at the unit price bid of$30 60
per ton, for an estimated total amount of $42,075 00 for the period August
1, 2005 through April 1, 2006, the same having been in fact the second
lowest bid received by the consortium for this item, FURTHER, the Council
does hereby authorize such expenditures from funds in the 2005-2006
budget 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 363-05 RESOLVED, that having considered a communication from
the City Engineer and the Director of Public Works, dated June 30, 2005,
which bears the signature of the Director of Finance, and is approved for
submission by the Mayor, the Council does hereby authorize the
Administration to negotiate a contract with Orchard, Hiltz & McCliment,
34000 Plymouth Road, Livonia, Michigan 48150, for Construction
Engineering Services in connection with the removal of storm water from
the sanitary sewer along Ann Arbor Trail as part of the Round VI-A -
Rouge Program Office (RPO) Funded Projects, in an amount not to
exceed $100,000 00, with approximately 25% of the cost be to be
reimbursed by the Wayne County administered Federal grant for this
Regular Meeting of July 20, 2005 39257
project, FURTHER, if the Administration is unsuccessful in negotiations
with Orchard, Hiltz & McCliment, Inc , the Council does hereby authorize
the Administration to negotiate a contract with Spaulding DeDecker
Associates, Inc., 905 South Boulevard East, Rochester Hills, Michigan
48307, to provide these services in an amount not to exceed $100,000 00,
FURTHER, the Council does hereby authorize an appropriation and
expenditure in the amount of $100,000 00 from the Unexpended Fund
Balance of the Road, Sidewalk and Tree Fund for this purpose, and the
Mayor and City Clerk are hereby authorized to execute a contract, for and
on behalf of the City of Livonia, with one of the aforementioned firms, and
to do all things necessary or incidental to the full performance of this
resolution
A communication from the City Planning Commission, dated June 30,
2005, re 2006-2011 Capital Improvements Program with attached booklet prepared by
the Planning Commission dated June 28, 2005, and an attached "miscellaneous item"
containing staff notes and recommendations, was received and placed on file for the
information of the Council
A roll call vote was taken on the foregoing resolutions with the following result:
AYES McCann, Robinson, Knapp, Meakin, Kokenakes,
Godfroid-Marecki and Taylor
NAYS None
The Mayor's Livonia Citizens Budget Task Force Report and Recommendation,
dated June, 24, 2005, was received and placed on file for the information of the Council
(CR 171-05)
On a motion by Meakin, seconded by Knapp and unanimously adopted, it
was
CR 364-05 RESOLVED, that the Council does hereby refer the subject
of alternative Internal Revenue sources (such as the opening of a Coffee
Shop in the Library, the marketing of public spaces on recreational
facilities, aggressive seeking of sponsorships for all City-sponsored
programs, including advertising in certain community mailings such as the
Recreation schedule, sharing of services such as dispatch and specialty
Regular Meeting of July 20, 2005 39258
equipment like an aerial ladder truck and seeking a substantial increase in
licensing fees for all rental homes) to the Finance, Insurance and Budget
Committee for a report and recommendation
McCann took from the table, for Second Reading and adoption, the
following Ordinance
AN ORDINANCE AMENDING SECTION 020 AND
REPEALING SECTION 025 OF TITLE 9, CHAPTER 54
(TRESPASS) OF THE LIVONIA CODE OF ORDINANCES,
AS AMENDED
A roll call vote was taken on the foregoing Ordinance with the following result:
AYES McCann, Robinson, Knapp, Meakin, Kokenakes,
Godfroid-Marecki and Taylor
NAYS None
The President declared the foregoing Ordinance duly adopted, and would become
effective on publication
Kokenakes took from the table, for Second Reading and adoption, the
following Ordinance
AN ORDINANCE ADDING SECTION 345 TO TITLE 12,
CHAPTER 04 (STREETS AND SIDEWALKS) OF THE
LIVONIA CODE OF ORDINANCES, AS AMENDED
A roll call vote was taken on the foregoing Ordinance with the following result:
AYES McCann, Robinson, Knapp, Meakin, Kokenakes,
Godfroid-Marecki and Taylor
NAYS None
The President declared the foregoing Ordinance duly adopted, and would become
effective on publication
On a motion by Meakin, seconded by Kokenakes and unanimously
adopted, it was
Regular Meeting of July 20, 2005 39259
CR 365-05 RESOLVED, that having considered a letter from Veronica J
Walters, 9101 Deering, Livonia, Michigan 48150, dated May 22, 2005,
requesting that the Livonia Code of Ordinances be amended to allow vinyl
lattice fencing to be installed in a cyclone fence [specifically Sections
15 44 070D and 15 44 090A(1)], the Council does hereby determine to take
no further action with regard to this matter
On a motion by Knapp, seconded by Robinson and unanimously adopted,
it was
CR 366-05 RESOLVED, that having considered a communication from
the City Assessor, dated June 24, 2005, approved for submission by the
Mayor, with regard to a request from Robert Bresler and Beverly Street,
20305 Fremont, Livonia, Michigan 48152, and in accordance with the
provisions of 1967 PA 288, as amended, as well as Section 18 46 of
Ordinance No 543, as amended, the Council does hereby determine to
deny the request for dividing Tax Item No 46-045-01-0059-003 into two
parcels since the same would be in violation of the City's Zoning
Ordinance and law, as well as for the reason that the proposed lot split
would not be consistent with good planning and zoning practice
A communication from the Petitioners, Robert Bresler and Beverly Street,
dated July 12, 2005, re proposed lot split at 27505 Goff, was received and placed on
file for the information of the Council
Ralph Williams, 18630 Foch, addressed the Council and stated that the
subject matter of a proposed lot split at 27505 Goff should be deferred because signs
were not posted on time, and he supported a denying resolution
On a motion by Meakin, seconded by McCann and unanimously adopted,
it was
CR 367-05 RESOLVED, that having considered a communication from
Brian Meakin, Vice President of the City Council, dated July 11, 2005, the
Council does hereby discharge the Committee of the Whole from further
consideration of Council Resolution 243-05 in connection with the
proposed extension of the Concession Agreement between the City of
Livonia and Moutafis, Inc , 34887 Bunker Hill, Farmington Hills, Michigan
48018, and does hereby direct that this matter be taken up for
consideration by the Council at this time
Regular Meeting of July 20, 2005 39260
it was On a motion by Meakin, seconded by McCann and unanimously adopted,
CR 368-05 RESOLVED, that having considered the report and
recommendation of the Department of Law, dated June 29, 2005,
submitted pursuant to Council Resolution 243-05, in connection with the
proposed extension of the Concession Agreement between the City of
Livonia and Moutafis, Inc , 34887 Bunker Hill, Farmington Hills, Michigan
48018, the Council does hereby authorize the Mayor and City Clerk, for
and on behalf of the City of Livonia, to execute Amendment No 2 to the
aforesaid Concession Agreement, subject to approval as to form by the
Department of Law, as well as to do all other things necessary or incidental
to the full performance of this resolution
On a motion by Kokenakes, seconded by McCann and unanimously
adopted, it was
CR 369-05 WHEREAS, pursuant to due and proper notice published
and mailed to all property owners in Special Assessment District No 406,
more particularly described in Council Resolution 246-05 adopted on May
11, 2005, as required by the provisions of the City Charter and Title 3,
Chapter 8 of the Livonia Code of Ordinances, as amended, the City
Council has duly met and reviewed the special assessments levied in the
special assessment roll prepared by the City Assessor to cover the district
in which street lighting is to be installed, such roll having been prepared on
the basis of street lighting being installed in the Clarita Commons Site
Condominiums in said Special Assessment District No 406,
NOW, THEREFORE, BE IT RESOLVED, that the said Council does
hereby determine to install street lighting consisting of 100-watt high
pressure sodium lights with colonial luminaries with underground wiring in
the Clarita Commons Site Condominiums and that the assessments set
forth in said Special Assessment District No 406 Roll are fair and
equitable and based upon benefits derived in said district, in accordance
with the plans of the City Engineer and resolutions of the City Council,
said Special Assessment Roll No 406 based on installation of 100-watt
high pressure sodium lights with colonial luminaries with underground
wiring in the Clarita Commons Site Condominiums is hereby approved
and confirmed in all respects, pursuant to the provisions of Section
3 08 130 of the Livonia Code of Ordinances, as amended, the City Clerk
shall endorse the date of confirmation on the Assessment Roll, and the
assessment roll shall then be immediately transmitted to the City
Treasurer who shall take such further action as set forth in Title 3, Chapter
8 of the Livonia Code of Ordinances, as amended, and the City Clerk is
Regular Meeting of July 20, 2005 39261
hereby authorized to execute a Municipal Street Lighting Agreement as
provided by Detroit Edison for this purpose, and further, a sum not to
exceed $4,933.26 is hereby authorized to be expended from the cash
payments posted by or collected from the developer of the Clarita
Commons Site Condominiums in order to defray the Detroit Edison
contribution-in-aid costs connected with this street lighting installation
project.
On a motion by Knapp, seconded by Godfroid-Marecki and unanimously
adopted, it was
CR 370-05 RESOLVED, that the City Assessor having prepared a
Special Assessment District, dated May 20, 2005, pursuant to Council
Resolution 247-05, adopted on May 11, 2005, and in accordance with the
provisions of Section 3 08 060 of Title 3, Chapter 8 of the Livonia Code of
Ordinances, as amended, containing a report with regard to the proposed
installation of street lights in the Camborne Stark School Subdivision, City
of Livonia, Wayne County, Michigan, and public hearings having been
held thereon on April 25, 2005 and June 29, 2005, respectively, after due
notice as required by Title 3, Chapter 8 of said Code, as amended, and
after careful consideration having been given to all such matters including
the various objections, comments and observations of individuals in
attendance at such public hearings, the Council does hereby determine to
proceed no further with the special assessment proceeding heretofore
commenced for the said proposed improvement.
On a motion by Knapp, seconded by Meakin and unanimously adopted, it
was
CR 371-05 WHEREAS, pursuant to due and proper notice published
and mailed to all property owners in Special Assessment District No 407,
more particularly described in Council Resolution 249-05 adopted on May
11, 2005, as required by the provisions of the City Charter and Title 3,
Chapter 8 of the Livonia Code of Ordinances, as amended, the City
Council has duly met and reviewed the special assessments levied in the
special assessment roll prepared by the City Assessor to cover the district
in which street lighting is to be installed, such roll having been prepared on
the basis of street lighting being installed in the Glenn's Farm Subdivision
in said Special Assessment District No 407,
NOW, THEREFORE, BE IT RESOLVED, that the said Council does
hereby determine to install street lighting consisting of 100-watt high
pressure sodium lights with colonial luminaries with underground wiring in
the Glenn's Farm Subdivision and that the assessments set forth in said
Special Assessment District No 407 Roll are fair and equitable and based
Regular Meeting of July 20, 2005 39262
upon benefits derived in said district, in accordance with the plans of the
City Engineer and resolutions of the City Council, said Special
Assessment Roll No 407 based on installation of 100-watt high pressure
sodium lights with colonial luminaries with underground wiring in the
Glenn's Farm Subdivision is hereby approved and confirmed in all
respects, pursuant to the provisions of Section 3 08 130 of the Livonia
Code of Ordinances, as amended, the City Clerk shall endorse the date of
confirmation on the Assessment Roll, and the assessment roll shall then
be immediately transmitted to the City Treasurer who shall take such
further action as set forth in Title 3, Chapter 8 of the Livonia Code of
Ordinances, as amended, and the City Clerk is hereby authorized to
execute a Municipal Street Lighting Agreement as provided by Detroit
Edison for this purpose, and further, a sum not to exceed $2,749 78 is
hereby authorized to be expended from the cash payments posted by or
collected from the developer of the Glenn's Farm Subdivision in order to
defray the Detroit Edison contribution-in-aid costs connected with this
street lighting installation project.
On a motion by Meakin, seconded by Godfroid-Marecki, it was
RESOLVED, that having considered a communication from
Bryan L Amann, of Brashear, Tangora, Gallagher, Creighton & Amann,
LLP, on behalf of Consignment Outlet Livonia, dated June 2, 2005, which
in accordance with the provisions of Section 19 08 of Ordinance No 543,
as amended, the Zoning Ordinance, takes an appeal from a determination
made on May 24, 2005, by the City Planning Commission in its resolution
05-62-2005 with regard to Petition 2005-02-02-07 submitted by
Consignment Outlet Livonia, requesting waiver use approval to operate a
second hand store (consignment shop) on property located at 15700
Middlebelt Road, on the east side of Middlebelt Road between Broadmoor
Avenue and Rayburn Avenue in the Southwest 1/4 of Section 13, which
property is zoned C-2 and P, and the Council having conducted a public
hearing with regard to this matter on June 29, 2005, the Council does
hereby reject the recommendation of the City Planning Commission and
Petition 2005-02-02-07 is hereby approved and granted, subject to the
following conditions
1 That the Site Plan marked Sheet S1 prepared by Anthony Patric
Inc , dated June 30, 2005, as revised, is hereby approved and shall
be adhered to,
2 That the landscaping treatment indicated on the above referenced
Site Plan, including the replacement of any existing dead plantings
and the installation of new plant materials in the front landscaped
area, shall be accomplished to the satisfaction of the Inspection
Department and shall thereafter be permanently maintained in a
healthy condition,
Regular Meeting of July 20, 2005 39263
3 That the areas utilized for sales and display of merchandise shall
be in accordance with the Floor Plan marked Sheet Al prepared by
Anthony Patric Inc , dated May 24, 2005, as revised, with no more
than 587 square feet of floor area devoted to the display of clothing,
4 That there shall be no outdoor sales, storage or display of
merchandise, and no storage of merchandise in any type of
temporary or portable unit, structure or trailer;
5 That there shall be no signage in windows and no display of
merchandise in windows,
6 That the following issues as outlined in the correspondence dated
March 2, 2005 from the Inspection Department shall be resolved to
that department's satisfaction
• That the parking lot shall receive needed repair and resealing
and the parking spaces shall be double striped, including the
provision of two (2) barrier free parking spaces with proper
signage, marking and configuration, and all regular parking
spaces shall be 10 feet in width and 20 feet in depth (or 18 feet
in depth where the spaces abut a landscaped area),
• That a sign shall be erected at the non-barrier free entry
directing the way to the front barrier free entrance at the west
end of the building
7 That a dumpster enclosure, conforming to the enclosure detail
shown on the Details Sheet marked Sheet S2 prepared by Anthony
Patrick Inc , dated May 24, 2005, as revised, shall be constructed in
the location indicated on the Site Plan,
8 That the Building Elevations Plan marked Sheet A2 prepared by
Anthony Patric Inc , dated May 24, 2005, as revised, is hereby
approved and shall be adhered to,
9 That the repair and/or replacement of windows as needed, in
accordance with the above referenced Building Elevations Plan,
shall be accomplished to the satisfaction of the Inspection
Department,
10 That the Sign Package submitted, depicting a 25 square foot wall
sign on the fascia of the entrance canopy at the front door of the
building and the replacement of the 10 existing logo signs on the
Regular Meeting of July 20, 2005 39264
window awnings with new logo signs of similar size and geometry,
11 is hereby approved and shall be adhered to,
That no LED lightband or exposed neon shall be permitted on this
site, including but not limited to, the building or around the windows,
12 That the plans referenced in this approving resolution shall be
submitted to the Inspection Department at the time the occupancy
and zoning compliance permits are applied for; and
13 That the petitioner shall submit a Letter of Understanding (approved
as to form by the Department of Law), signed by the property owner
and petitioner indicating that this waiver use will be voluntarily
abandoned if the petitioner moves from the premises or eliminates
the resale portion of its business, or if the owners sell more than
50% of the limited liability company
On a motion by Robinson, seconded by McCann, it was
RESOLVED, that the City Council does hereby determine to substitute, in
lieu of the foregoing resolution, a resolution to defer this matter to the
Regular Council meeting of August 15, 2005
A roll call vote was taken on the motion to substitute with the following result
AYES McCann, Robinson, Knapp and Taylor
NAYS Meakin, Kokenakes and Godfroid-Marecki
The President declared the motion to substitute adopted
On a motion by Robinson, seconded by McCann and unanimously
adopted, it was
CR 372-05 RESOLVED, that the Council does hereby determine to
defer their vote with respect to Petition 2005-02-02-07, submitted by
Consignment Outlet Livonia requesting approval to operate a secondhand
store (Consignment Shop) on the east side of Middlebelt Road between
Broadmoor Avenue and Rayburn Avenue (15700 Middlebelt Road) in the
Southwest 1/4 of Section 13, until the Council Regular meeting of August
15, 2005, at which time it shall be placed on the Consent portion of the
Agenda
Regular Meeting of July 20, 2005 39265
Attorney Bryan L Amann, of Brashear, Tangora, Gallagher, Creighton &
Amann, LLP, was present at the meeting to answer questions of the Council (Petition
2005-02-02-07)
A communication from Edna Delich, 14139 Denne Street, Livonia 48154,
re her support for the Consignment Outlet to remain on Middlebelt Road, was received
and placed on file for the information of the Council (Petition 2005-02-02-07)
A new Site Plan, Sheet S-1, dated June 30, 2005, re waiver use approval
to operate a secondhand store (consignment shop) on property located at 15700
Middlebelt Road, was received and placed on file for the information of the Council
(Petition 2005-02-02-07)
On a motion by Godfroid-Marecki, seconded by Robinson, it was
RESOLVED, that having considered a communication from
Jeff Chase, Area Construction Manager, McDonald's Corporation, dated
June 15, 2005, which in accordance with the provisions of Section 19 08
of Ordinance 543, as amended, the Zoning Ordinance, takes an appeal
from a determination made on June 7, 2005, by the City Planning
Commission in its resolution 06-65-2005, with regard to Petition 2005-05-
SN-05, submitted by McDonald's Corporation, requesting approval for
additional signage for the fast food restaurant located at 11800 Middlebelt
Road, on the east side of Middlebelt Road between Plymouth Road and
the railroad right-of-way in the Southwest 1/4 of Section 25, the Council
does hereby reject the recommendation of the Planning Commission and
Petition 2005-05-SN-05 is hereby approved and granted, subject to the
following conditions
1 That the Sign Package for illuminated roof beams, submitted by
McDonald's Corporation, as received by the Planning Commission
on May 18, 2005, is hereby approved and shall be adhered to,
2 That these illuminated roof beams shall not be illuminated beyond
one (1) hour after this business closes,
3 That no LED lightband or exposed neon shall be permitted on this
site, including but not limited to, the building or around the windows,
Regular Meeting of July 20, 2005 39266
4 That the petitioner shall correct to the Inspection Department's
satisfaction the items outlined in the correspondence dated May 27,
2005,
5 That this approval is subject to the petitioner being granted a
variance from the Zoning Board of Appeals for excess signage and
any conditions related thereto, and
6 That the specific plans referenced in this approving resolution shall
be submitted to the Inspection Department at the time the sign
permits are applied for
A roll call vote was taken on the foregoing resolution with the following result:
AYES Robinson, Kokenakes and Godfroid-Marecki
NAYS McCann, Knapp, Meakin and Taylor
The President declared the resolution failed
On a motion by McCann, seconded by Knapp, it was
RESOLVED, that having considered a communication from
Jeff Chase, Area Construction Manager, McDonald's Corporation, dated
June 15, 2005, which in accordance with the provisions of Section 19 08
of Ordinance 543, as amended, the Zoning Ordinance, takes an appeal
from a determination made on June 7, 2005, by the City Planning
Commission in its resolution 06-65-2005, with regard to Petition 2005-05-
SN-05, submitted by McDonald's Corporation, requesting approval for
additional signage for the fast food restaurant located at 11800 Middlebelt
Road, on the east side of Middlebelt Road between Plymouth Road and
the railroad right-of-way in the Southwest 1/4 of Section 25, the Council
does hereby concur in the recommendation of the Planning Commission
and Petition 2005-05-SN-05 is hereby denied for the following reasons
1 That the applicant has failed to comply with all the requirements
outlined in Section 18 50H of the Zoning Ordinance,
2 That the applicant has not justified the need for any additional
signage for this location over what is permitted by the sign
ordinance,
3 That approving this signage request would set an undesirable
precedent for the area, as well as other buildings throughout the
City of Livonia, and
Regular Meeting of July 20, 2005 39267
4 Approving this application would not be aesthetically in the City's
best interest.
On a motion by Robinson, seconded by Godfroid-Marecki, it was
RESOLVED, that the Council does hereby determine to
substitute, in lieu of the foregoing resolution, a resolution to approve
Petition 2005-05-SN-05, as modified, to include eight illuminated beams
only — four on the west, two on the south and two on the north sides of
building, only
A roll call vote was taken on the foregoing motion to substitute with the following result:
AYES McCann, Robinson, Kokenakes, Godfroid-Marecki and Taylor
NAYS Knapp and Meakin
The President declared the motion to substitute adopted
On a motion by Robinson, seconded by Godfroid-Marecki, it was
CR 373-05 RESOLVED, that having considered a communication from
Jeff Chase, Area Construction Manager, McDonald's Corporation, dated
June 15, 2005, which in accordance with the provisions of Section 19 08
of Ordinance 543, as amended, the Zoning Ordinance, takes an appeal
from a determination made on June 7, 2005, by the City Planning
Commission in its resolution 06-65-2005, with regard to Petition 2005-05-
SN-05, submitted by McDonald's Corporation, requesting approval for
additional signage for the fast food restaurant located at 11800 Middlebelt
Road, on the east side of Middlebelt Road between Plymouth Road and
the railroad right-of-way in the Southwest 1/4 of Section 25, the Council
does hereby reject the recommendation of the Planning Commission and
Petition 2005-05-SN-05 is hereby approved and granted, subject to the
following conditions
1 That the Sign Package for illuminated roof beams, submitted by
McDonald's Corporation, as received by the Planning Commission
on May 18, 2005, is hereby approved and shall be adhered to,
except for the fact that the Sign Package shall be modified to
include eight illuminated beams only — four on the west, two on the
south and two on the north sides of building, only
2 That these illuminated roof beams shall not be illuminated beyond
one (1) hour after this business closes,
Regular Meeting of July 20, 2005 39268
3 That no LED lightband or exposed neon shall be permitted on this
fr site, including but not limited to, the building or around the windows,
4 That the petitioner shall correct to the Inspection Department's
satisfaction the items outlined in the correspondence dated May 27,
2005,
5 That this approval is subject to the petitioner being granted a
variance from the Zoning Board of Appeals for excess signage and
any conditions related thereto, and
6 That the specific plans referenced in this approving resolution shall
be submitted to the Inspection Department at the time the sign
permits are applied for
A roll call vote was taken on the substitute resolution with the following result:
AYES Robinson, Kokenakes, Godfroid-Marecki and Taylor
NAYS McCann, Knapp and Meakin
The President declared the resolution adopted
On a motion by Knapp, seconded by Meakin and unanimously adopted, it
was
CR 374-05 RESOLVED, that having considered a communication from
the City Librarian, dated June 29, 2005, 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 $763 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 $313 00 to Account No 702-000-
285-271 and $450 00 to Account No 702-000-285-273 for the purposes
as designated by the donors
On a motion by Knapp, seconded by Robinson and unanimously adopted,
it was
CR 375-05 RESOLVED, that the Council does hereby refer to the
Legislative Committee for a report and recommendation the issue of
making waiver uses temporary as opposed to running with the land
Regular Meeting of July 20, 2005 39269
During the audience communication, Godfroid-Marecki wished her
daughter, Jordyn, a Happy 25th Birthday which she celebrated last week.
Robinson wished a Happy Birthday to his parents, both of whom also
celebrated birthdays last week.
McCann wished a Happy Birthday to Robert Schron, City Engineer, who
had a birthday yesterday
On a motion by Meakin, seconded by McCann and unanimously adopted,
this 1,541st Regular Meeting of the Council of the City of Livonia was adjourned at 8 58
pm , July 20, 2005
Val Vandersloot, City Clerk