HomeMy WebLinkAboutCOUNCIL MINUTES 2003-02-12 33926
MINUTES OF THE ONE THOUSAND FOUR HUNDRED EIGHTY-SECOND
REGULAR MEETING OF FEBRUARY 12. 2003
On February 12, 2003, the above meeting was held at the City Hall, 33000
Civic Center Drive, Livonia, Michigan, and was called to order by the President of the
Council at 8 00 p m Councilmember Brosnan delivered the invocation
Roll was called with the following result. Maureen Miller Brosnan, Donald
Knapp, Val Vandersloot, Linda Dolan, Gerald Taylor and Jack Engebretson
Absent. Joe Laura - vacation
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 Szymula, Director of Legislative Affairs, Jim Inglis
Executive Director of Housing, Kevin Roney, Public Utility Manager; Ian Wilshaw, Traffic
Commission and Stan Dobis, Cable Commission
On a motion by Taylor, seconded by Dolan, it was
RESOLVED, that the minutes of the 1,481st Regular Meeting
of the Council held January 29, 2003 are hereby approved as submitted
Councilmember Brosnan asked that CR 36-03 and CR 37-03 on page
33922 of the minutes of the Regular Meeting of January 29, 2003 be amended to clarify
what action the Council is to take
On a motion by Brosnan, seconded by Taylor, it was
CR 40-03 RESOLVED, that the minutes of the 1,481st Regular Meeting
of the Council of the City of Livonia, held January 29, 2003, are hereby
approved as noted with the corrections pertaining to CR 36-03 and CR 37-
03
Council Resolution 36-03 is corrected to read as follows.
CR 36-03 RESOLVED, that relative to the subject matter of Petition
2002-02-06-01 to determine whether or not to amend Article IV, Section
4 04 and Article V, Section 5.04 of Zoning Ordinance No 543, as
amended, in order to establish open space preservation zoning provisions
Regular Meeting of February 12, 2003 33927
in the R-5 and RUF zoning districts as required by House Bill No 5029,
the Council does hereby refer this matter to the Committee of the Whole
for a report and recommendation - - - - •••• - - • - • - - - * *•• *
Council Resolution 37-03 is corrected to read as follows
CR 37-03 RESOLVED, that relative to the subject matter of Petition
2002-02-06-01 to determine whether or not to amend Article IV, Section
4 04 and Article V, Section 5.04 of Zoning Ordinance No 543, as
amended, in order to establish open space preservation zoning provisions
in the R-5 and RUF zoning districts as required by House Bill No 5029,
the Council does hereby refer this matter to the Law Department for a
report and recommendation to determine whether there is a higher
authority to which these land use requirements can be appealed, and to
determine what other cities are doing to conform to the new State
law
A roll call vote was taken on the corrected minutes resolution with the following result:
AYES Brosnan, Knapp, Vandersloot, Dolan and Taylor
NAYS None
PRESENT Engebretson
During the audience communication portion of the agenda,
Councilmember Brosnan mentioned that Councilmember Knapp celebrated his birthday
on Tuesday, February 4
A communication from the Livonia Housing Commission, dated January
23, 2003, re award of Housing Resources Fund Grant from the Michigan State
Housing Development Authority in the amount of$277,200 00, was received and placed
on file for the information of the Council
At the direction of the Chair, Consent Agenda Items 5 and 6 were moved
to the Regular Agenda
On a motion by Dolan, seconded by Taylor, it was
CR 41-03 RESOLVED, that having considered a letter from Jennifer R.
Boros, Chairperson, representing Sacred Heart Byzantine Catholic
Church, dated January 19, 2003, which requests permission to display two
Regular Meeting of February 12, 2003 33928
Ito banners which are to be 3' x 7' in size and located in front of the church,
and 20" x 20" signs announcing the Sacred Heart Mom-to-Mom Sale to be
conducted on Saturday, March 15, 2003, which signs shall be installed on
Saturday, March 8, 2003, and removed no later than Sunday, March 16,
2003, at various intersections in the City, the Council does hereby grant
and approve this request in the manner and form herein submitted
CR 42-03 RESOLVED, that having considered a communication from
the City Assessor, dated January 22, 2003, approved for submission by
the Mayor, with regard to a request from Lawrence Pytleski, 9390
Cardwell, Livonia, Michigan 48150, and in accordance with the provisions
of 1967 PA 288, as amended, as well as Section 18 46 of Ordinance 543,
as amended, the Council does hereby approve of the proposed
combination and division of Tax Item Nos 46-144-99-0119-000 and 46-
144-99-0120-000 into three parcels, the legal descriptions of which shall
read as follows
PARCEL A
Part of the East 1/2 of the Southeast 1/4 of Section 36 described as
beginning at a point distant South 89 degrees 52 minutes 00 seconds
West 1055 51 ft. thence South 00 degrees 04 minutes 40 seconds West
380 00 feet to the point of beginning Proceeding thence North 89
degrees 52 minutes 00 seconds East 290 00 feet, thence South 00
degrees 04 minutes 40 seconds West 77 00 feet, thence South 89
degrees 52 minutes 00 seconds West 290 00 feet, thence North 00
degrees 04 minutes 40 seconds East 77 00 feet to the point of beginning
Containing 0 51 acres Subject to easements of record
PARCEL B
Part of the East 1/2 of the Southeast 1/4 of Section 36 described as
beginning at a point distant South 89 degrees 52 minutes 00 seconds
West 1055 51 ft thence South 00 degrees 04 minutes 40 seconds West
457 00 feet to the point of beginning Proceeding thence North 89
degrees 52 minutes 00 seconds East 290 00 feet, thence South 00
degrees 04 minutes 40 seconds West 77 00 feet, thence South 89
degrees 52 minutes 00 seconds West 290 00 feet, thence North 00
degrees 04 minutes 40 seconds East 77 00 feet to the point of beginning
Containing 0 51 acres Subject to easements of record
PARCEL C
Part of the East 1/2 of the Southeast 1/4 of Section 36 described as
beginning at a point distant South 89 degrees 52 minutes 00 seconds
West 1055 51 ft. thence South 00 degrees 04 minutes 40 seconds West
534 00 feet to the point of beginning Proceeding thence North 89
degrees 52 minutes 00 seconds East 290 00 feet, thence South 00
degrees 04 minutes 40 seconds West 78 00 feet, thence South 89
Regular Meeting of February 12, 2003 33929
degrees 52 minutes 00 seconds West 290 00 feet, thence North 00
degrees 04 minutes 40 seconds East 78 00 feet to the point of beginning
Containing 0 52 acres. Subject to easements 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
CR 43-03 RESOLVED, that having considered a communication from
the City Assessor, dated January 22, 2003, approved for submission by
the Mayor, with regard to a request from Mark Perkoski of Fountain Park
Building Co , LLC, 32000 Northwestern Hwy , #220, Farmington Hills,
Michigan 48334, and in accordance with the provisions of 1967 PA 288,
as amended, as well as Section 18 46 of Ordinance 543, as amended, the
Council does hereby approve of the proposed division of Tax Item No 46-
107-99-0015-000 into three parcels, the legal descriptions of which shall
read as follows
PARCEL 1
Part of the Southwest 1/4 of Section 27, T1S - R9E, City of Livonia, Wayne
county, Michigan, described as beginning at a point on the east right-of-
way line of Farmington Road (120' wide), N 00°01'12" E 351 07 feet and
S 89°13'14" E , 60 01 feet from the Southwest corner of said Section 27,
thence from said point of beginning N 00°01'12" E along said East right-
of-way line of Farmington Road, 530 05 feet; thence S 89°13'14" E ,
1135 96 feet; thence S 00°04'11" W , 563 08 feet; thence N 89°13'14" W
315 12 feet; thence N 00°46'46" E 11 00 feet; thence N 89°13'14" W
82 00 feet; thence S 00°46'46" W , 14 00 feet; thence N 89°13'14" W
114 95 feet; thence N 39°06'34" W , 46 97 feet; thence N 89°13'14" W
593 70 feet to the East right-of-way line of Farmington Road and the point
of beginning, containing 14 206 gross and net acres (618,830 sq ft.)
PARCEL 2
Part of the Southwest 1/4 of Section 27, T1S - R9E, City of Livonia, Wayne
county, Michigan, described as beginning at a point on the east right-of-
way line of Farmington Road (120' wide), N 00°01'12" E 60 01 feet and S
89°13'14" E , 60 01 feet from the Southwest corner of said Section 27,
thence from said point of beginning N 00°01'12" E along said East right-
of-way line of Farmington Road, 291 06 feet; thence S 89°13'14" E
305 75 feet; thence S 00°46'46" W , 291 04 feet to the North right-of-way
line of Plymouth Road (120' wide), thence N 89°13'14" W along said
North right-of-way line of Plymouth Road, 301 89 feet to the East right-of-
way line of Farmington Road and the point of beginning, containing 2 030
gross and net acres (88,427 sq ft.)
Regular Meeting of February 12, 2003 33930
PARCEL 3
Part of the Southwest 1/4 of Section 27, T1S - R9E, City of Livonia, Wayne
county, Michigan, described as beginning at a point on the north right-of-
way line of Plymouth Road (120' wide), S 89°13'14" E , 361 10 feet and N
00°46'46" E , 60 00 feet from the Southwest corner of said Section 27,
thence from said point of beginning N 00°46'46" E, 291 04 feet; thence S
89°13'14" E , 287 95 feet; thence S 39°06'34" E , 46 97 feet; thence S
89'13'14" E , 114 95 feet; thence N 0046'46" E , 14 00 feet; thence S
89°13'14" E , 82 00 feet; thence S 00°46'46" W , 11 00 feet; thence S
89°13'14" E 315 12 feet; thence S 00°04'11" W 258 02 feet to the said
North right-of-way line of Plymouth Road, thence N 89°13'14" W along
said North right-of-way line of Plymouth Road, 833 35 feet to the point of
beginning, containing 5 168 gross and net acres (225,114 sq ft.)
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
CR 44-03 RESOLVED, that having considered a letter from Chris
Kokenos, 16796 Rougeway, Livonia, Michigan 48154, requesting an
amendment to the Livonia Code of Ordinances to allow lots resulting from
lot splits in the RUF zoning district to be less than one-half acre is size, the
Council does hereby determine to take no further action with regard to this
matter
CR 45-03 RESOLVED, that having considered the report and
recommendation of the Director of Public Works and the City Engineer,
dated January 21, 2003, approved for submission by the Mayor, regarding
replacement and/or construction of new sidewalks in the City of Livonia
pursuant to the 2002 Sidewalk Program at the locations and in the
amounts indicated in the attachment to the aforesaid communication,
which work was done pursuant to Council Resolution No 143-02 and in
accordance with the provisions of Section 12 04 340 of Chapter 4 of Title
12 of the Livonia Code of Ordinances, as amended, the City Treasurer is
hereby directed to send a statement of charges to all property owners in
the amounts listed above in accordance with Section 3 08 150 of Title 3,
Chapter 8 of the Livonia Code of Ordinances, as amended, and the
Council does hereby establish the evening of Wednesday, April 23, 2003
at 8 00 p m at the Livonia City Hall, 33000 Civic Center Drive, Livonia,
Michigan, as the time and place when the Council shall meet for the
purpose of adopting a resolution placing a special assessment upon said
property for such charges unless the same are paid prior to the date of
such meeting, and the City Clerk and City Treasurer are hereby requested
to do all things necessary or incidental to the full performance of this
resolution
Regular Meeting of February 12, 2003 33931
CR 46-03 RESOLVED, that having considered a communication from
the City Planning Commission, dated January 16, 2003, which transmits
its resolution 01-08-2003, adopted on January 14, 2003, with regard to
Petition 2003-01-SN-01, submitted by Fountain Park Development, on
behalf of Walgreens Pharmacy, requesting approval for signage for the
commercial building to be located on the Northeast corner of Plymouth
and Farmington Roads in the Southwest 1/4 of Section 27, the Council
does hereby concur in the recommendation of the Planning Commission
and approve the said Petition 2003-01-SN-01, subject to the following
conditions
1 That only the wall signage of the Sign Package submitted by
Fountain Park Building Company, as received by the Planning
Commission on December 9, 2002, is hereby approved and shall
be adhered to,
2 That these wall signs shall not be illuminated beyond one (1) hour
after this business closes,
3 That any additional signage shall come back before the Planning
Commission and City Council for their review and approval,
4 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
5 That the ground sign included in the Sign Package is not approved
at this time That a Master Sign Plan establishing ground signage
for the entire Fountain Park development shall be separately
submitted for review and approval by the Planning Commission and
City Council Included in this application shall be the location and
graphics of each Business Center Sign, all Identification Signs and
any directional signage
A communication from the Department of Law, dated January 16, 2003, -
Administrative Response - re amounts owed and paid to the City of Livonia by existing
telecommunications providers, was received and placed on file for the information of the
Council (CR 488-02)
CR 47-03 WHEREAS, the City of Livonia has received a request from
Christopher Marsh, President, 4M Industries, Inc , dated January 31,
2003, proposing the establishment of an industrial development district;
and
Regular Meeting of February 12, 2003 33932
WHEREAS, pursuant to Act 198 of the Public Acts of 1974, as amended,
this Council has authority to establish industrial development districts
within the boundaries of the City of Livonia, and
WHEREAS, there is located within the boundaries of the City of Livonia an
area of approximately 2 12 acres lying in the Northwest 1/4 of Section 28
as more particularly described in the attachment to the application which is
hereby incorporated by reference and which is hereinafter referred to as
"Proposed City of Livonia Industrial Development District No 87 ",
NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF LIVONIA, as
follows
1 The City Clerk is directed to give written notice by certified mail of
this action to all owners of real property within the boundaries of
Proposed City of Livonia Industrial Development District No 87
2 This City Council sets Wednesday, March 19, 2003 at 7 00 p m as
the date for the holding of a public hearing on the question of
whether this City Council should establish the Industrial
Development District described above
3 This City Council directs the City Clerk to provide notice, as
required by law, of the public hearing fixed above, so that all
residents or taxpayers of the City of Livonia shall be afforded an
opportunity to be heard on the question of establishing the
Industrial Development District described above
CR 48-03 RESOLVED, that in accordance with the provisions set forth
in Section 4 of Act 207 of the Public Acts of Michigan of 1921, as
amended, the City Zoning Act (MSA 5 2934, MCLA 125 584), as well as
Article XXIII of Ordinance 543, as amended, the Zoning Ordinance of the
City of Livonia, the Council does hereby determine that a Public Hearing
will take place before the City Council of the City of Livonia on Monday,
March 24, 2003, at 7 00 p m at the City Hall, 33000 Civic Center Drive,
Livonia, Michigan, with respect to the following items
(1) Petition 2002-10-01-13, submitted by Schoolcraft Commons, LLC,
for a change of zoning of property located on the east side of
Haggerty Road between Six Mile and Seven Mile Roads in the
Southwest 1/4 of Section 7, from PL and R-5C to C-2, OS, PO and
PO-II, the City Planning Commission in its resolution 01-10-2003
having recommended to the City Council that Petition 2002-10-01-
13 be approved, and
(2) Petition 2002-11-01-17, submitted by Brian Peters, for a change of
zoning of property located on the west side of Newburgh Road
Regular Meeting of February 12, 2003 33933
between Joy Road and Ann Arbor Trail in the Southeast 1/4 of
Section 31, from RUF to R-1, the City Planning Commission in its
resolution 01-01-2003 having recommended to the City Council that
Petition 2002-11-01-17 be approved,
FURTHER, the City Clerk is hereby requested to, no less than fifteen (15)
days prior to the aforesaid date of said public hearing, cause to have a
statement indicating the (a) nature of the proposed amendments to the
Zoning Ordinance, and/or (b) location of the proposed changes of zoning
as set forth above, first to be published in the official newspaper of the City
or a newspaper of general circulation in the City of Livonia as well as to,
not less than fifteen (15) days prior to said public hearing, cause to have
notice to be given by certified mail to each public utility company and to
each railroad company owning or operating any public utility or railroad
within the districts or zones affected, and further, the City Clerk is
requested to do all other things necessary or incidental to the full
performance of this resolution
CR 49-03 RESOLVED, that having considered a communication from
Roger E DeHoek, Property Manager, Meijer, Inc , dated January 16,
2003, 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 January 14, 2003 by the City Planning
Commission in its resolution 01-07-2003 with regard to Petition 2002-12-
02-26, submitted by Roger E DeHoek, on behalf of Meijer, Inc.,
requesting waiver use approval to construct a gasoline station at 13000
Middlebelt Road, located on the east side of Middlebelt Road between
Schoolcraft Road and the C & 0 Railroad in the Northwest 1/4 of Section
25, which property is zoned C-2, the Council does hereby designate
Monday, March 24, 2003, at 7 00 p m as the date and time for conducting
a Public Hearing with regard to this matter, such hearing to be held at the
City Hall, 33000 Civic Center Drive, Livonia, Michigan, and the City Clerk
is hereby requested to do all things necessary in order to give proper
notice in writing, as well as by the publication of a notice in the City's
official newspaper of such hearing and the date and place thereof, in
compliance with the requirements set forth in Ordinance 543, as
amended, the Zoning Ordinance of the City of Livonia
A roll call vote was taken on the foregoing resolutions with the following result:
AYES Brosnan, Knapp, Vandersloot, Dolan, Taylor and
Engebretson
NAYS None
On a motion by Dolan, seconded by Vandersloot, and unanimously
Regular Meeting of February 12, 2003 33934
adopted, it was
CR 50-03 RESOLVED, that having considered the report and
recommendation of the Director of the Housing Commission, dated
January 20, 2003, which bears the signature of the Director of Finance
and is approved for submission by the Mayor, and which indicates that the
Housing Commission has recommended certain rental adjustments with
respect to Newburgh Village, the Council does hereby refer this subject
matter to the Committee of the Whole
On a motion by Dolan, seconded by Vandersloot, and unanimously
adopted, it was
CR 51-03 RESOLVED, that having considered the report and
recommendation of the Director of the Housing Commission, dated
January 20, 2003, which bears the signature of the Director of Finance
and is approved for submission by the Mayor, and which indicates that the
Housing Commission has recommended certain rental adjustments with
respect to Silver Village, the Council does hereby refer this subject mailer
to the Committee of the Whole
A communication from Allan Nachman, Butzel Long, dated January 29,
2003, re final draft of Amended Consent Judgment for the Oakwood Healthcare
System Property — Victor Parkway/Seven Mile Road, Livonia, Michigan, was received
and placed on file for the information of the Council (Wayne County Circuit Court Case
No 97-704696 NZ) (CR 548-02)
On a motion by Knapp, seconded by Brosnan, and unanimously adopted,
it was
CR 52-03 RESOLVED, that having considered the report and
recommendation of the Committee of the Whole, dated January 27, 2003,
submitted pursuant to Council Resolution 548-02, in connection with a
letter from Allan Nachman, Butzel Long, on behalf of S & N Development
Company, LLC, dated October 4, 2002, requesting to amend the Consent
Judgment previously entered in connection with Oakwood Healthcare
System, et al v City of Livonia, Wayne County Circuit Court Case No 97-
704696 NZ, the Council does hereby authorize the Department of Law to
stipulate to the entry of the proposed Amended Consent Judgment in
Wayne County Circuit Court Case No 97-704696NZ, as submitted by
Regular Meeting of February 12, 2003 33935
Butzel Long, dated January 29, 2003 (as revised), with respect to certain
property located on the north side of Seven Mile Road east of Victor
Parkway in order for the petitioner to propose an office use of similar or
lesser intensity than the original proposed medical office building, and the
Department of Law is hereby authorized to do all things necessary or
incidental to the full performance of this resolution
On a motion by Knapp, seconded by Taylor, and unanimously adopted, it
was
CR 53-03 RESOLVED, that having considered the report and
recommendation of the Committee of the Whole, dated January 27, 2003,
submitted pursuant to Council Resolution 323-01, in connection with
Petition 2001-01-07-01, submitted by the City Planning Commission, so as
to amend Part VII of the Master Plan of the City of Livonia, the Future
Land Use Plan, to change the designation of land lying west of Farmington
Road and north of Lyndon Avenue in the Northeast 1/4 of Section 21 from
Office to Medium Density Residential, the Council does hereby approve
the distribution of the Plan to all required entities pursuant to State law,
and refer the proposed amendment to the Future Land Use Plan back to
the Planning Commission with the provision that it include Office from the
area currently zoned OS north to the area currently designated
Community Service
A communication from Masoud Shango, dated December 13, 2002, re his
request to amend the rezoning of property located on the south side of Schoolcraft
Road, east of Merriman, to change the zoning from M-1 to OS, was received and placed
on file for the information of the Council (Petition 2000-12-01-22)
On a motion by Knapp, seconded by Vandersloot, and unanimously
adopted, it was
CR 54-03 RESOLVED, that having considered the report and
recommendation of the Committee of the Whole, dated January 28, 2003,
submitted pursuant to Council Resolution 404-01, in connection with
Petition 2000-12-01-22, submitted by Masoud Shango, for a change of
zoning of property located on the south side of Schoolcraft Road east of
Merriman Road in the Northwest 1/4 of Section 26, from P and M-1 to C-3,
and the Council having conducted a public hearing with regard to this
matter on May 30, 2001, pursuant to Council Resolution 250-01, the
Council does hereby reject the recommendation of the Planning
Regular Meeting of February 12, 2003 33936
Commission and Petition 2000-12-01-22 is hereby approved, as amended
so as to rezone the property to OS, 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 Knapp, seconded by Brosnan, and unanimously adopted,
it was
CR 55-03 RESOLVED, that having considered the report and
recommendation of the Committee of the Whole, dated January 28, 2003,
submitted pursuant to Council Resolution 359-01, in connection with
Petition 2001-03-02-06, submitted by U-Haul Corporation requesting
waiver use approval to rent trucks on property located on the south side of
Plymouth Road between Stark and Farmington Roads in the Northeast 1/4
of Section 33, which property is zoned C-2, the Council does hereby
determine to take no further action with regard to this matter
Proposals from Camp Dresser and McKee, Tetra Tech, Hubbell Roth and
Clark, Feinbeiner, Pettis & Strout, Inc., and Orchard, Hiltz & McCliment, Inc , re
selection of consultant for the Water System Vulnerability Assessment (Phase I) and
Emergency Operating Plan (Phase II), were received and placed on file for the
information of the Council (CR 16-03)
On a motion by Knapp, seconded by Dolan, and unanimously adopted, it
was
CR 56-03 RESOLVED, that having considered the report and
recommendation of the Water, Sewer and Waste Committee, dated
February 5, 2003, submitted pursuant to Council Resolution 16-03, in
connection with the selection of a consultant for a Water System
Vulnerability Assessment (Phase I) and Emergency Operating Plan
(Phase II), the first phase of the project to be completed by March, 31,
2003, in order to receive Federal grant money, the Council does hereby
accept the proposal submitted by Tetra Tech, MPS 123 Brighton Lake
Road, Suite 203, Brighton, Michigan 48116, for performing consulting
services for Phase I and Phase II of this project in an amount not to
Regular Meeting of February 12, 2003 33937
exceed $38,500 00, the same to be appropriated and expended from
Account No 592-559-818-929 (Water and Sewer Contractual Services)
with the provision that this account be reimbursed at such time as funds
are subsequently received from a Federal Government Grant for this
purpose, FURTHER, the Council does hereby authorize this work without
competitive bidding and such action is taken in accordance with Section
3 04 140D2 of the Livonia Code of Ordinances, as amended, 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, after approval as
to form by the Department of Law, and to do all other things necessary or
incidental to the full performance of this resolution
Councilmember Taylor gave first reading to the following
Ordinance
AN ORDINANCE AMENDING SECTION 36 OF THE
ZONING MAP OF THE CITY OF LIVONIA AND AMENDING
ARTICLE III OF ORDINANCE NO 543, AS AMENDED,
KNOWN AND CITED AS "THE CITY OF LIVONIA ZONING
ORDINANCE" BY ADDING SECTION 3 THERETO
(Petition 2002-09-01-12)
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 Brosnan, Knapp, Vandersloot, Dolan, Taylor and Engebretson
NAYS None
The President declared the foregoing Ordinance duly adopted, and would become
effective on publication
Councilmember Taylor took from the table, for second
reading and adoption, the following Ordinance
Regular Meeting of February 12, 2003 33938
AN ORDINANCE AMENDING SECTION 21 OF THE
ZONING MAP OF THE CITY OF LIVONIA AND AMENDING
ARTICLE III OF ORDINANCE NO 543, AS AMENDED,
KNOWN AND CITED AS "THE CITY OF LIVONIA ZONING
ORDINANCE" BY ADDING SECTION 3 THERETO
(Petition 2002-07-01-11)
A roll call vote was taken on the foregoing Ordinance with the following result:
AYES Brosnan, Knapp, Vandersloot, Dolan, Taylor and
Engebretson
NAYS None
The President declared the foregoing Ordinance duly adopted, and would
become effective on publication
On a motion by Taylor, seconded by Dolan, and unanimously adopted, it
was
CR 57-03 RESOLVED, that having considered a communication from
the City Assessor, dated January 22, 2003, approved for submission by
the Mayor, with regard to a request from Peter and Julie Rotenheber,
20210 Antago, 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 Council does hereby approve of the
proposed division of Tax Item No 46-001-04-0128-001 into two parcels,
the legal descriptions of which shall read as follows
PARCEL 1
Lot 128 of "THE ARGONNE SUBDIVISION", City of Livonia, Wayne
County, Michigan, as recorded in Liber 40, Page 55 of Plats, Wayne
County Records
PARCEL 2
Lot 129 of "THE ARGONNE SUBDIVISION", City of Livonia, Wayne
County, Michigan, as recorded in Liber 40, page 55 of Plats, Wayne
County Records
as shown on the map attached to the aforesaid communication which is
made a part hereof by reference, and the City Clerk is hereby requested to
cause a certified copy of this resolution to be recorded in the Office of the
Wayne County Register of Deeds, PROVIDED, HOWEVER, THAT UNTIL
A VARIANCE IS GRANTED BY THE ZONING BOARD OF APPEALS AS
Regular Meeting of February 12, 2003 33939
TO EVERY NONCONFORMING LOT RESULTING FROM SUCH SPLIT,
NONE OF SAID LOTS MAY BE SOLD, LEASED OR TRANSFERRED
A communication from Design Strategies, Ltd , 2311 W 22nd Street, Suite
208, Oak Brook IL 60523, dated February 5, 2003, re revised drawings of Site Plan
DD4 1-08 and revised Landscape Plan LP-1, relative to constructing a fueling facility on
a portion of the Costco Warehouse property located on the east side of Middlebelt Road
between Schoolcraft and Industrial Roads, was received and placed on file for the
information of the Council (Petition 2002-11-02-22)
An e-mail communication from Edward Weglarz, 34665 Grove Drive,
Livonia, 48154, re stating opposition to constructing a fueling facility on a portion of the
Costco Warehouse property located on the east side of Middlebelt Road between
Schoolcraft and Industrial Roads, was received and placed on file for the information of
the Council (Petition 2002-11-02-22)
On a motion by Taylor, seconded by Dolan, and unanimously adopted, it
was
CR 58-03 RESOLVED, that having considered a communication from
the City Planning Commission, dated January 16, 2003, which transmits
its resolution 01-04-2003, adopted on January 14, 2003, with regard to
Petition 2002-11-02-22, submitted by Costco Wholesale Corporation
requesting waiver use approval to construct a fueling facility on a portion
of the Costco Warehouse property located on the east side of Middlebelt
Road between Schoolcraft and Industrial Roads in the Northwest 1/4 of
Section 25, which property is zoned C-2, the Council does hereby concur
in the recommendation made by the City Planning Commission and
Petition 2002-11-02-22 is hereby approved and granted, subject to the
following conditions
1 That the Site Plan marked Sheet DD4 1-08 prepared by Mulvanny
Architecture G2, dated February 4, 2003, as revised, is hereby
approved and shall be adhered to,
2 That the Landscape Plan marked Sheet LP-01 prepared by Ben
Kutscheid, ASLA, dated February 5, 2003, as revised, is hereby
Regular Meeting of February 12, 2003 33940
approved and shall be adhered to, except that the ash trees shall
be substituted with a different species of full size canopy tree and
additional landscape treatment shall be provided in the northwest
corner of the subject Costco property as recommended by the
Planning Director;
3 That all plant materials shall be installed to the satisfaction of the
Inspection Department and thereafter permanently maintained in a
healthy condition,
4 That all landscaped areas shall be fully irrigated,
5 That the Elevations Plan marked Sheet DD4 4-07 prepared by
Mulvanny Architecture G2, dated January 8, 2003, is hereby
approved and shall be adhered to,
6 That the canopy columns and controller enclosure shall be
constructed with masonry units and brick (which shall be full face 4-
inch brick) as depicted on the above referenced Elevations Plan,
7 That the underside of the canopy structure shall be enclosed and
the lights within the canopy deck shall be recessed,
8 That all pole mounted light fixtures shall be shielded and shall be
compatible with the existing light fixtures,
9 That the petitioner shall correct to the Inspection Department's
satisfaction the following site deficiencies as outlined in the
correspondence dated December 6, 2002,
• That the areas of deteriorated pavement on the overall site shall
be repaired and resealed and all parking shall be double striped,
• That the broken fire hydrant at the southeast corner of the
building shall be repaired,
• That the size and number of handicapped parking spaces
provided shall comply with the Michigan Barrier Free
requirements,
• That the pavement shall be marked with a blue access aisle
from the accessible spaces on the north of the building to the
front entrance,
Regular Meeting of February 12, 2003 33941
10 That this approval shall incorporate the following comments listed in
the correspondence dated December 18, 2002 from the Fire and
Rescue Division
• Adequate hydrants shall be provided and located with a
maximum spacing of 300 feet between hydrants Most remote
hydrant shall flow 1,500 FPM with a residual pressure of 20 PSI
• Access around structure shall be provided for emergency
vehicles with turning radius up to forty-five feet wall to wall and a
minimum vertical clearance of 13 1/2 feet.
11 That the four (4) "Costco Gasoline" wall signs attached to the
canopy fascia as portrayed on the above referenced Gas Station
Elevations Plan are approved with a total combined sign area not to
exceed one-hundred (100) square feet;
12 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
13 That there will be no free-standing price signs
There was no audience communication at the end of the meeting
On a motion by Brosnan, seconded by Vandersloot, and unanimously
adopted, this 1,482nd Regular Meeting of the Council of the City of Livonia was
adjourned at 8 39 p m , February 12, 2003
J McCotter, City Clerk C