HomeMy WebLinkAboutCOUNCIL MINUTES 2004-08-14 34757
MINUTES OF THE ONE THOUSAND FIVE HUNDRED EIGHTEENTH
REGULAR MEETING OF AUGUST 16, 2004
On August 16, 2004, 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 led the Council in reciting the Pledge of
Allegiance
Roll was called with the following result: James McCann, Thomas
Robinson, Donald Knapp, Brian Meakin, Frank J Kokenakes and Gerald Taylor
Absent: Terry Godfroid-Marecki
Elected and appointed officials present: Jack Engebretson, Mayor; Robert
Schron, City Engineer; Mark Taormina, City Planner; Sean Kavanagh, City Attorney; Val
Vandersloot, City Clerk, Karen Szymula, Director of Legislative Affairs, Ron Reinke,
Superintendent of Parks and Recreation, Brian Wilson, Assistant Superintendent of
Public Service and Robert Beckley, Director of Public Works
On a motion by Knapp, seconded by Robinson, and unanimously adopted,
it was
CR 355-04 RESOLVED, that the minutes of the 1,517th Regular Meeting
of the Council held July 21, 2004 are hereby approved as submitted
During the audience communication portion of the agenda,
Councilmember Knapp presented a Certificate of Commendation to Frank D Kinney in
recognition of his years of service to the City on the Zoning Board of Appeals Mr
Kinney spoke of his appreciation to the Council for the commendation
Don Kolhoff, 14066 Mayfield, spoke on behalf of the Livonia Symphony
Orchestra, and told of the financial plight it was experiencing He stated that they
needed to raise funds immediately, and announced a fund-raising golf outing to be held
on September 1 at Fox Creek Golf Course For further information, interested persons
can call (734) 522-0721
Meeting of August 16, 2004 34758
Councilmember McCann gave recognition to two City businesses — the
Ford Transmission Plant and GM Power-Train Plant - who received the Clean
Corporate Citizen Designation from the Michigan Department of Environmental Quality
A communication from the Department of Finance, dated July 20, 2004,
re forwarding various financial statements of the City of Livonia for the month ending
June 30, 2004, was received and placed on file for the information of the Council
A communication from the Engineering Division, dated July 26, 2004, re
reduction of Act 51 Funds by the Michigan Department of Transportation for the City
portion of the Plymouth Road Resurfacing Project between Inkster and Farmington
Roads, was received and placed on file for the information of the Council (CR 60-02)
On a motion by Kokenakes, seconded by Meakin, it was
CR 356-04 RESOLVED, that having considered an application from
Lesley Clairmont, 34525 Pinehurst and Linda Rooney, 14074 Riverside,
dated July 13, 2004, requesting permission to close Summers between
the addresses of 34804-34742 and 34809-34747, on Saturday, August 28,
2004, from 3 00 p m to 9 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 357-04 RESOLVED, that having considered an application from
Laura Smith, 9918 Brookfield, dated July 13, 2004, requesting permission
to close Brookfield between Plymouth Road and Orangelawn on Saturday,
August 28, 2004, from 3 00 p m to 7 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 29, 2004, in the event of inclement weather, the action
taken herein being made subject to the approval of the Police Department.
CR 358-04 RESOLVED, that having considered an application from
Patricia and Joseph Mitchell, 19360 Shadyside, dated July 7, 2004,
requesting permission to close Shadyside between Haldane and Gable on
Saturday, August 28, 2004, 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.
Meeting of August 16, 2004 34759
CR 359-04 RESOLVED, that having considered an application from
two Janel Barber, 18997 Gillman, dated July 15, 2004, requesting permission
to close Gillman between Seven Mile Road and Clarita on Saturday,
September 11, 2004, 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, September 12, 2004, in the event of inclement weather, the
action taken herein being made subject to the approval of the Police
Department.
CR 360-04 RESOLVED, that having considered an application from
Nimoza Favazza, 14052 Cranston, dated July 19, 2004, requesting
permission to close Cranston between Scone and Perth on Saturday,
August 28, 2004, from 11 00 a m to 9 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 29, 2004, in the event of inclement weather, the action
taken herein being made subject to the approval of the Police Department.
CR 361-04 RESOLVED, that having considered an application from Ken
Harb, 16788 Westbrook, dated July 13, 2004, requesting permission to
close Westbrook between Mallory and Whitcomb on Saturday, August 21,
2004, from 1 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 22, 2004,
in the event of inclement weather, the action taken herein being made
subject to the approval of the Police Department.
CR 362-04 RESOLVED, that having considered an application from
Kate Barczuk, 30864 Robert Drive, dated July 11, 2004, requesting
permission to close Robert Drive between Sunset and Denne on
Saturday, September 4, 2004, 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 Saturday, September 11, 2004, in the event of inclement
weather, the action taken herein being made subject to the approval of the
Police Department.
CR 363-04 RESOLVED, that having considered an application from Kim
DeCapite, 15587 Stonehouse Circle, dated July 22, 2004, requesting
permission to close Stonehouse Circle between Ladywood and Blue Skies
on Sunday, August 29, 2004, from 3 00 p m to 9 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.
Meeting of August 16, 2004 34760
CR 364-04 RESOLVED, that having considered an application from
Colleen Green, 30891 Orangelawn, dated July 26, 2004, requesting
permission to close Orangelawn between Denne and Sunset on Saturday,
September 11, 2004, 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, the action taken herein being made subject to the approval of
the Police Department.
CR 365-04 RESOLVED, that having considered an application from
Lawrence E Sennett, 32571 Barkley, dated August 2, 2004, requesting
permission to close Barkley between the addresses of 32522 and 32817,
on Saturday, September 11, 2004, from 12 00 noon to 9 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 366-04 RESOLVED, that having considered a letter from Cindy
Haycock, Churchill High School PTSA Craft Show Building Coordinator,
dated July 30, 2004, which requests permission to display approximately
66 signs announcing Churchill's Annual Craft Show to be conducted on
Saturday, October 2, 2004, which signs are to be 22" x 14" in size and
which will be displayed at various locations in the City no earlier than
Sunday, September 26, 2004, and removed no later than Sunday,
October 3, 2004, the Council does hereby grant and approve this request
in the manner and form herein submitted
CR 367-04 RESOLVED, that having considered a letter from Cindy
Haycock, Frost Middle School PTSA Craft Show Building Coordinator,
dated July 30, 2004, which requests permission to display approximately
66 signs announcing Frost's Annual Craft Show to be conducted on
Saturday, November 6, 2004, which signs are to be 22" x 28" in size and
which will be displayed at various locations in the City no earlier than
Sunday, October 31, 2004, and removed no later than Sunday, November
7, 2004, and two signs measuring approximately 62" x 31" to be placed at
the corners of Farmington and Lyndon and Stark and Schoolcraft no
earlier than Saturday, October 23, 2004 and removed no later than
Sunday, November 7, 2004, the Council does hereby grant and approve
this request in the manner and form herein submitted
CR 368-04 RESOLVED, that having considered a letter from Kevin
Murphy, Interim Athletic Director, Clarenceville High School, dated July
19, 2004, the Council does hereby approve and recognize the
Clarenceville High School Homecoming Parade to be held on Friday,
October 1, 2004, beginning at 5 30 p m , FURTHER, the Council does
hereby approve the parade route as follows
d
lig.
Meeting of August 16, 2004 34761
Exit the west driveway of Botfsford Elementary and travel
north on Brentwood to Pembroke, west on Pembroke to
Weyher, south on Weyher to St. Martins, west on St. Martins
to Parkville, north on Parkville to Bretton, west on Bretton to
Middlebelt, and north on Middlebelt to the Clarenceville
Middle School parking lot;
FURTHER, the Council does hereby request that the Wayne County Road
Commission allow the City of Livonia to close the necessary roads
between the hours of 5 30 p m and 8 00 p m or until the roads are
returned to normal traffic operation, that the City of Livonia will assume
liability for any damage claims which may arise as a result of the road
closure, as to Wayne County only; and that Sgt. Wesley McKee is hereby
designated and authorized to sign the road closure permit on behalf of the
City of Livonia
CR 369-04 RESOLVED, that having considered a letter from Christina
L Mihalek, Production Coordinator, Michigan Breast Cancer 3-Day Event
360, Inc., dated July 13, 2004, which requests permission to waive
Sections 8 32 070 (Noise Control) and 12 20 080 (Public Lands) of the
Livonia Code of Ordinances, in connection with the Breast Cancer 3-Day
Event/Walk, which will take place in Livonia from August 20, 2004 through
August 22, 2004, to allow the playing of music and announcements via
loud speakers, as well as the erection and use of tents on public land
(West Sheldon Park and Stevenson High School), the Council does
hereby grant and approve this request in the manner and form herein
submitted, subject to providing the City with evidence of Liability Insurance
Coverage and execution of an appropriate Hold Harmless Agreement.
CR 370-04 RESOLVED, that having considered a letter from the
Michigan Liquor Control Commission, dated March 29, 2004, and a report
and recommendation from the Chief of Police, dated July 14, 2004,
approved for submission by the Mayor, the Council does hereby approve
of the request from V S H Inc , for transfer of ownership of a 2003 SDD
and SDM Licensed Business from Bonanza Wine Shop, Inc for a
business located at 33614 Plymouth Road, Livonia, Michigan, Wayne
County; and the City Clerk is hereby requested to forward a certified copy
of this resolution to the Michigan Liquor Control Commission
A communication from the Board of Trustees, Livonia Employees
Retirement System, dated July 20, 2004, re the 51ST Annual Actuarial Valuation Report
of the Livonia Employees Retirement System Defined Benefit (DB) Plan as of
November 30, 2003, was received and placed on file for the information of the Council
Meeting of August 16, 2004 34762
A communication from the Board of Trustees, Livonia Employees
Retirement System, dated July 20, 2004, re 6T" Annual Actuarial Valuation
Report of the Livonia Retiree Health and Disability Benefits Plan and Trust (VEBA)
as of November 30, 2003, was received and placed on file for the information of
the Council
CR 371-04 RESOLVED, that having considered a communication from
the Director of Community Resources, dated July 12, 2004, which bears
the signature of the Finance Director, is approved by the Chief Assistant
City Attorney and is approved for submission by the Mayor, and to which
is attached a proposed Amendment to the Agreement for Specialized
Services Vehicle Agreement between SMART and the City of Livonia to
provide the City (without charge) the use of one (1) new bus, a Ford Van,
No 24109, VIN No 1 FBSS31 L84HB08259, purchased with Federal
Transportation Administration Section 5310 Program funds, the Council
does, for and on behalf of the City of Livonia, authorize the Mayor and City
Clerk to execute the said Amendment to said Agreement in the manner
and form herein submitted, provided that the Agreement is approved as to
form by the Department of Law
CR 372-04 RESOLVED, that having considered the report and
recommendation of the Department of Community Resources and the
Chairman of the Cable TV Commission, dated July 8, 2004, 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 ProVideo Systems,
Inc , 26471 Southpoint Road, Perrysburg, Ohio 43551, to provide the
Community Resources Department (Cable Division) with new cable
equipment for the 5th floor Gallery/Cable Studio in the amount of
$115,629 00, the same having been in fact the lowest bid received which
meets specifications, FURTHER, the Council does hereby authorize the
expenditure of a sum not to exceed $115,629 00 from funds already
budgeted in Account No 297-751-983-000 for this purpose, FURTHER,
the Council does hereby authorize the Cable Division staff to sell the
obsolete cable equipment, which funds received from the proposed sale to
be deposited in Account No 297-000-698-000 (Cable Sundry Account),
and the equipment not sold shall be disposed of by the Department of
Public Works
CR 373-04 RESOLVED, that having considered the report and
recommendation of the Superintendent of Parks and Recreation, dated
July 27, 2004, which bears the signature of the Director of Finance and is
approved for submission by the Mayor, the Council does hereby accept
Meeting of August 16, 2004 34763
the bid of Spartan Distributors, 1050 Opdyke Road, Auburn Hills, Michigan
48326, for supplying the Department of Parks and Recreation (Golf
Course Division) with three (3) Toro Greenmaster 3150 lawnmowers (one
for each of the golf courses) for the total price of $55,785 00, and one (1)
Reelmaster 5200-D lawnmower (for Fox Creek Golf Course) for the price
of $25,981 00, the same having been in fact the lowest bid received which
meets specifications, FURTHER, the Council does hereby authorize the
expenditure of a sum not to exceed $81,766 00 from funds already
budgeted in Account No 208-756-987-000 (pursuant to Council
Resolution 221-04) for this purpose, FURTHER, the Council does hereby
reject the bid of Weingartz Supply Co , Inc for the reasons indicated in the
aforementioned report and recommendation
CR 374-04 RESOLVED, that having considered the report and
recommendation of the Superintendent of Parks and Recreation, dated
July 27, 2004, 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 276 cases of Pulsar Briquettes from B & B Pools and
Spas, 29440 Six Mile Road, Livonia, Michigan 48152, for a price of$92 50
per case for a total price of $25,530 00, FURTHER, the Council does
hereby authorize the expenditure in the amount of$25,530 00 ($14,430 00
from Account No 208-755-743-000 - Community Center; $5,550 00 from
Account No 101-720-743-000 - Botsford, and $5,550 00 from Account No
101-721-743-000 - Clements Circle) from funds already budgeted for this
purpose, FURTHER, the Council does hereby authorize the purchase of
said item without competitive bidding for the reasons indicated in the
aforesaid communication, and such action is taken in accordance with
Section 3 04 140D4 of the Livonia Code of Ordinances, as amended
CR 375-04 RESOLVED, that having considered the report and
recommendation of the Superintendent of Public Service and the Director
of Public Works, dated July 7, 2004, 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 Morton Salt, Inc., 123
North Wacker Drive, Chicago, Illinois 60606, at the unit price bid of$28 65
per ton, for an estimated total amount of $118,181 25, for the period
August 1, 2004 through April 1, 2005, submitted to the consortium of
Farmington Hills, Southfield, the Southfield School District and various
other communities, 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
Cargill Salt, Inc , 24950 Country Club Boulevard, Suite 450, North
Olmsted, Ohio 44020, at the unit price bid of $35 39 per ton, for an
estimated total amount of $48,661 25 for the period August 1, 2004
through April 1, 2005, the same having been in fact the second lowest bid
Meeting of August 16, 2004 34764
received by the consortium for this item, FURTHER, the Council does
hereby authorize such expenditure from funds already budgeted in
Account No 101-463-784-000 for this purpose, FURTHER, the Council
does hereby waive the City's competitive bid process for the reasons
outlined in the aforesaid report and recommendation and in accordance
with Section 3 04 140D4 of the Livonia Code of Ordinances, as amended
CR 376-04 RESOLVED, that having considered the report and
recommendation of the City Planning Commission, dated July 29, 2004,
which transmits its resolution 07-104-2004 adopted on July 20, 2004, with
regard to Petition 2003-08-GB-05, submitted by Big Boy Restaurant,
requesting approval to substitute a greenbelt for the protective wall as
outlined in Section 18 45 of Zoning Ordinance No 543, as amended, for
property located at 33427 Plymouth Road, between Farmington and Stark
Roads in the Northeast 1/4 of Section 33, the Council does hereby concur
in the recommendation of the Planning Commission and Petition 2003-08-
GB-05 is hereby approved and granted, subject to the following
conditions
1 That the natural landscaped greenbelt along the south property
line, as shown on the plan marked sheet 1 dated August 1, 2003,
prepared by Devlin Land Design, is hereby accepted and shall be
substituted for the protective wall required by Section 18 45 of the
Zoning Ordinance,
2 That any change of circumstances in the area containing the
greenbelt 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 and City
Council for their review and approval or immediately construct the
protective wall pursuant to Section 18 45, and
3 That using a combination of tree species, along with other
landscape materials, will contribute to the site's aesthetic
attractiveness, help reduce visual monotony, and provide year-
round appeal
CR 377-04 RESOLVED, that having considered a communication from
the City Planning Commission, dated July 12, 2004, which transmits its
resolution 07-96-2004, adopted on July 6, 2004, with regard to Petition
2004-05-02-26, submitted by Angry Bear Lawn Care, Inc., requesting
waiver use approval for outdoor storage of landscape supplies and
equipment at a business located at 30443 Industrial Road, on the south
side of Industrial Road between Merriman and Middlebelt Roads in the
Northwest 1/4 of Section 26, which property is zoned M-1, the Council
does hereby concur in the recommendation of the Planning Commission
Meeting of August 16, 2004 34765
and Petition 2004-05-02-26 is hereby approved and granted, subject to
the following conditions
1 That the Site Plan submitted by Angry Bear Lawn Care, Inc ,
received by the Planning Commission on May 13, 2004, is hereby
approved and shall be adhered to,
2 That the Landscape Plan submitted by Angry Bear Lawn Care, Inc ,
received by the Planning Commission on May 13, 2004, is hereby
approved and shall be adhered to,
3 That underground sprinklers are to be provided for all landscaped
and sodded areas, and all planted materials shall be installed to the
satisfaction of the Inspection Department and thereafter
permanently maintained in a healthy condition,
4 That all commercial vehicles, equipment and materials shall be
stored in an orderly fashion within the rear yard storage area,
5 That all trailers shall be stored in the designated area in the rear
yard storage area as shown on the site plan,
6 That the equipment to be stored in the designated rear yard storage
area shall include the following
a) Three (3) utility/landscape tandem axle trailers 14 to 20 feet in
length,
b) Seven (7) light to medium pick-up/dump trucks (F-350, F-550
and F-650),
c) Two (2) skid-steer loaders and one (1) front end/wheel loader;
and
d) One (1) chipper;
7 That the storage of bulk material shall be limited to one bin located
adjacent to the east property line in the rear storage area as shown
on the site plan,
8 That the outside storage of fertilizers, pesticides, oil drums or other
hazardous materials is prohibited,
9 That the existing 50-gallon oil drums stored outside shall be
relocated to inside the building,
Meeting of August 16, 2004 34766
10
11 That all vehicle and equipment maintenance operations shall be
performed inside the building,
That the outside stacking or stockpiling of materials shall not
exceed eight (8) feet in height above ground level,
12. That there shall be no outdoor storage of inoperable vehicles or
equipment, scrap material, debris or other similar items generated
by the subject use,
13 That the unimproved portion of the rear yard storage area shall be
surfaced with crushed rock or gravel prior to the issuance of the
Certificate of Occupancy by the Inspection Department and shall be
maintained in a dust-proof condition, and said storage area shall be
properly graded and drained to dispose of all surface water in a
manner as approved by the Engineering Division,
14 That the following issues as outlined in the correspondence dated
May 24, 2004 from the Inspection Department shall be resolved to
that department's satisfaction
• The aisle on the east side must be 22 feet wide and parking in
the lot on the east side of the property shall be double striped,
including the provision of barrier free parking, and all regular
parking spaces shall be 10' x 20' in size as required,
• There shall be no parking in the Industrial Road right-of-way;
• All car parts stored outside, inoperable vehicles and stacks of
brush and debris shall be removed from the site,
15 That the outside storage of rock salt within the bin and including a
cover or canopy as may be required is subject to the approval of
the Inspection Department; and
16 That the plans referenced in this approving resolution shall be
submitted to the Inspection Department at the time of application
for the Certificate of Occupancy
A roll call vote was taken on the foregoing resolutions with the following result:
AYES McCann, Robinson, Knapp, Meakin, Kokenakes and Taylor
NAYS None
Meeting of August 16, 2004 34767
At the direction of the chair, Item #36 was removed from the agenda and
will be placed on the agenda for the August 30, 2004 Regular Council meeting
A communication from the Public Service Division, dated June 8, 2004, re
request to extend the solid waste contract with Waste Management of Michigan, Inc ,
was received and placed on file for the information of the Council
A communication from the Public Service Division, dated June 11, 2004,
re pricing information relative to the request to extend the solid waste contract with
Waste Management of Michigan, Inc., was received and placed on file for the
information of the Council
A communication from the Public Service Division, dated June 29, 2004,
re survey of services from neighboring communities, and a summary comparison of
rates for community solid waste programs relative to a request to extend the solid waste
contract with Waste Management of Michigan, Inc , was received and placed on file for
the information of the Council
A communication from the Public Service Division, dated August 16, 2004,
re the number of citizen complaints against Waste Management of Michigan, Inc for
the last 4 year period, and the number being below 0 1% in all but one quarter, was
received and placed on file for the information of the Council
On a motion by Robinson, seconded by Kokenakes, and unanimously
adopted, it was
CR 378-04 RESOLVED, that having considered the report and
recommendation of the Water, Sewer and Waste Committee, dated June
29, 2004, submitted pursuant to Council Resolution 932-98, regarding an
extension of the solid waste/recycling contract between the City of Livonia
and Waste Management of Michigan, Inc., the Council does hereby
approve an extension of the contract (previously approved by Council
Resolution 452-00) with Waste Management of Michigan, Inc., 19200
Meeting of August 16, 2004 34768
West Eight Mile Road, Southfield, Michigan 48075, to perform solid waste
collection, disposal, recycling and related services, including the provision
to provide an additional 700 yards of compost annually to the City of
two Livonia for a three year term commencing December 1, 2004, through
November 30, 2007, with rates for the extension period as shown in the
three year extension schedule of service rates included with the letter
dated June 11, 2004 from Waste Management to the Director of Public
Works, and with the option to renew for three additional years, under
similar terms and conditions approved by this contract extension for the
total estimated amount of $320,000 00 (which represents the increased
prices to be paid by the City of Livonia in total over the three year contract
renewal period), and the Mayor and City Clerk are hereby authorized, for
and on behalf of the City of Livonia, to execute an extension to this
contract with the aforesaid company and to do all other things necessary
or incidental to the full performance of this resolution
Councilmember McCann gave first reading to the following
Ordinance
AN ORDINANCE AMENDING SECTION 4 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 2004-05-01-05)
The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in the
Office of the City Clerk and is the same as if word for word repeated herein The above
Ordinance was placed on the table for consideration at the next regular meeting
Councilmember Knapp gave first reading to the following Ordinance
AN ORDINANCE AMENDING SECTION 2 08 OF ARTICLE
II OF ORDINANCE NO 543, AS AMENDED, KNOWN AND
CITED AS "THE CITY OF LIVONIA ZONING ORDINANCE"
(Petition 2003-11-06-08)
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
Meeting of August 16, 2004 34769
Councilmember Knapp gave first reading to the following Ordinance
AN ORDINANCE AMENDING PARAGRAPH (h) OF
SECTION 10 03 OF ARTICLE X OF ORDINANCE NO 543,
AS AMENDED, KNOWN AND CITED AS "THE CITY OF
LIVONIA ZONING ORDINANCE" (Petition 2003-11-06-08)
The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in the
Office of the City Clerk and is the same as if word for word repeated herein The above
Ordinance was placed on the table for consideration at the next regular meeting
Councilmember Knapp gave first reading to the following Ordinance
AN ORDINANCE AMENDING PARAGRAPH (p) OF
SECTION 11 03 OF ARTICLE XI OF ORDINANCE NO 543,
AS AMENDED, KNOWN AND CITED AS "THE CITY OF
LIVONIA ZONING ORDINANCE" (Petition 2003-11-06-08)
The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in the
Office of the City Clerk and is the same as if word for word repeated herein The above
Ordinance was placed on the table for consideration at the next regular meeting.
Councilmember Knapp gave first reading to the following Ordinance
AN ORDINANCE AMENDING SECTION 18 37 OF
ARTICLE XVIII OF ORDINANCE NO 543, AS AMENDED,
KNOWN AND CITED AS "THE CITY OF LIVONIA ZONING
ORDINANCE" (Petition 2003-11-06-08)
The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in the
Office of the City Clerk and is the same as if word for word repeated herein The above
Ordinance was placed on the table for consideration at the next regular meeting
Councilmember Knapp gave first reading to the following Ordinance
AN ORDINANCE AMENDING SECTION 18 38 OF
ARTICLE XVIII OF ORDINANCE NO 543, AS AMENDED,
KNOWN AND CITED AS "THE CITY OF LIVONIA ZONING
ORDINANCE" (Petition 2003-11-06-08)
Meeting of August 16, 2004 34770
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 Meakin gave first reading to the following Ordinance
AN ORDINANCE AMENDING SECTIONS 030, 050, 090
AND 100 OF TITLE 15, CHAPTER 44 (FENCES) OF THE
LIVONIA CODE OF ORDINANCES, AS AMENDED
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 Knapp, seconded by Kokenakes, and unanimously
adopted, it was.
CR 379-04 RESOLVED, that having considered the report and
recommendation of the Department of Law, dated July 29, 2004, approved
for submission by the Mayor, in connection with a proposed companion
ordinance to Section 15 44 of the Livonia Code of Ordinances (Fences),
the Council does hereby refer the proposed Ordinance Amendments to
Sections 18.29 and 18 49 of Article XVIII of Zoning Ordinance No 543 to
the City Planning Commission for action and recommendation in
accordance with provisions of law and City ordinance
Councilmember Kokenakes gave first reading to the following Ordinance
AN ORDINANCE AMENDING SECTION 18 46 OF
ARTICLE XVIII OF ORDINANCE NO 543, AS AMENDED,
KNOWN AND CITED AS "THE CITY OF LIVONIA ZONING
ORDINANCE " (Petition 2004-04-06-02)
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
Meeting of August 16, 2004 34771
Councilmember Robinson 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 McCann, Robinson, Knapp, Meakin, Kokenakes and Taylor
NAYS None
The President declared the foregoing Ordinance duly adopted, and would become
effective on publication
Councilmember Kokenakes took from the table, for second
reading and adoption, the following Ordinance
AN ORDINANCE REPEALING CHAPTER 92 OF TITLE 2
(UNEMPLOYMENT COMPENSATION SYSTEM) 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 and Taylor
NAYS None
The President declared the foregoing Ordinance duly adopted, and would
become effective on publication
Councilmember McCann took from the table, for second
reading and adoption, the following Ordinance
AN ORDINANCE AMENDING SECTION 2 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 2004-04-01-04)
A roll call vote was taken on the foregoing Ordinance with the following result:
AYES McCann, Robinson, Knapp, Meakin, Kokenakes and Taylor
Meeting of August 16, 2004 34772
NAYS None
The President declared the foregoing Ordinance duly adopted, and would
become effective on publication
A communication from the Michigan Municipal League, dated July 6,
2004, re the City naming a designated Councilmember and voting delegate at its
Annual Meeting as well as an alternate, was received and placed on file for the
information of the Council
A communication from the Engineering Division, dated August 12, 2004,
re the award of a contract to R.S Contracting for the 2004 Lane Line Marking
Program, was received and placed on file for the information of the Council
On a motion by Meakin, seconded by Robinson, and unanimously
adopted, it was
CR 380-04 RESOLVED, that having considered the report and
recommendation of the Director of Public Works and the City Engineer,
dated June 30, 2004, 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 R. S Contracting, Inc., 16737 Thirteen Mile
Road, Fraser, Michigan 48026, for completing all work required in
connection with the 2004 Lane Line Marking Program (Contract 04-H) for
the estimated total cost of $42,794 60, based on the Engineering
Division's estimate of units involved, and subject to a final payment based
upon the actual units completed in accordance with the unit prices
accepted herein, said estimated cost and unit prices having been in fact
the lowest and only bid received and meets specifications, FURTHER, the
Council does hereby authorize an expenditure in the amount of
$42,794 60 from funds already budgeted in Account No 202-463-818-118
(Contractual Services Lane Line Marking) for this purpose, 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, 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
Meeting of August 16, 2004 34773
On a motion by Robinson, seconded by Knapp, and unanimously adopted,
it was
CR 381-04 RESOLVED, that having considered a communication from
the City Planning Commission, dated July 27, 2004, which transmits its
resolution 07-103-2004 adopted on July 20, 2004, with regard to the
request for approval of the landscape plan submitted by Big Boy
Restaurant, in connection with Petition 2003-11-02-22, which previously
received site plan approval on January 28, 2004 (Council Resolution No
40-04) for the full-service restaurant located at 33427 Plymouth Road
between Farmington and Stark Roads in the Northeast 1/4 of Section 33,
the Council does hereby concur in the recommendation of the Planning
Commission, and the Landscape Plan in connection with Petition 2003-11-
02-22 is hereby approved and granted, subject to the following conditions
1 That the Landscape Plan marked 2004-1 dated May 25, 2004,
prepared by Verdure H20, Inc , is herby approved and shall be
adhered to,
2 That the height of the planted trees shall be measured from the top
of the root ball to the mid-point of the top leader;
3 That all disturbed lawn areas shall be sodded in lieu of
hydroseeding,
4 That underground sprinklers are to be provided for all landscaped
and sodded areas, and all planted materials shall be installed to the
satisfaction of the Inspection Department and thereafter
permanently maintained in a healthy condition,
5 That all conditions imposed by Council Resolution 40-04, which
granted waiver use approval to construct an addition and to
increase the seating capacity of the Big Boy restaurant, shall
remain in effect to the extent that they are not in conflict with the
foregoing conditions, and
6 That the specific plans referenced in this approving resolution shall
be submitted to the Inspection Department at the time the building
permits are applied for
A communication from Milton Y Zussman, attorney for CJW Livonia Big
Boy, LLC, re the Big Boy pylon sign at 33427 Plymouth Road, was received and
placed on file for the information of the Council (Petition 2004-05-SN-04)
Meeting of August 16, 2004 34774
On a motion by Knapp, seconded by Meakin, it was
CR 382-04 RESOLVED, that having considered a communication from
the City Planning Commission, dated July 30, 2004, which transmits its
resolution 07-102-2004, adopted on July 20, 2004, with regard to Petition
2004-05-SN-04, submitted by Beacon Sign Company, on behalf of Big
Boy Restaurant, requesting approval for signage for the restaurant located
at 33427 Plymouth Road between Farmington and Stark Roads in the
Northeast 1/4 of Section 33, the Council does hereby concur in the
recommendation of the Planning Commission and Petition 2004-05-SN-04
is hereby approved and granted, subject to the removal of the two (2)
existing signs (the Farmington Road sign being removed immediately and
the Plymouth Road sign being removed within 12 months) and also
subject to the following additional conditions
1 That the Sign Package submitted by Beacon Sign Company, on
behalf of Big Boy, for an eighty-one (81) square foot wall sign, as
received by the Planning Commission on May 26, 2004, is hereby
approved and shall be adhered to,
2 That the wall sign shall not be illuminated beyond one (1) hour after
this business closes,
3 That this site shall be allowed a conforming monument style ground
sign identifying the restaurant from Plymouth Road,
4 That no LED lightband or exposed neon shall be permitted on this
site including, but not limited to, the building or around the windows,
5 That any additional signage shall come back before the Planning
Commission and City Council for their review and approval, 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 McCann, Robinson, Knapp, Meakin and Taylor
NAYS Kokenakes
The President declared the resolution duly adopted
The petitioner spoke to the Council regarding the pylon sign at his Big Boy Restaurant
air at 33427 Plymouth Road
Meeting of August 16, 2004 34775
On a motion by Knapp, seconded by Kokenakes, and unanimously
adopted, it was.
CR 383-04 RESOLVED, that having considered a communication from
the City Planning Commission, dated July 27, 2004, which transmits its
resolution 07-101-2004, adopted on July 20, 2004, with regard to Petition
2004-06-SN-05, submitted by Potbelly Sandwich Works, requesting
approval for signage for the restaurant located at 17370 Haggerty Road,
between Six Mile and Seven Mile Roads in the Southwest 1/4 of Section
7, the Council does hereby concur in the recommendation of the Planning
Commission and Petition 2004-06-SN-05 is hereby approved and granted,
subject to the following conditions
1 That the Sign Package submitted by Potbelly Sandwich Works, as
received by the Planning Commission on August 3, 2004, is hereby
approved and shall be adhered to, except for the fact that only two
identification wall signs will be allowed, one 40 square feet and one
20 square feet, on the north and west elevation at the discretion of
the petitioner;
2 That the awnings of this unit will not include any logo sign on the
awning, and shall not be backlit;
3 That the wall sign shall not be illuminated beyond one (1) hour after
this business closes,
4 That no LED lightband or exposed neon shall be permitted on this
site including, but not limited to, the building or around the windows,
5 That any additional signage shall come back before the Planning
Commission and City Council for their review and approval,
6 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
7 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 picture detailing a classic scalloped white picket fence, dated August 11,
2004, that is outlined in Item #18 of the following resolution relative to a proposed
Meeting of August 16, 2004 34776
addition to Learning Tree Child Care Center, 32955 Plymouth Road, was received and
placed on file for the information of the council (Petition 2004-05-08-12)
On a motion by Robinson, seconded by Knapp, and unanimously adopted,
it was
CR 384-04 RESOLVED, that having considered a communication from
the City Planning Commission, dated July 22, 2004, which transmits its
resolution 07-99-2004 adopted on July 20, 2004, with regard to Petition
2004-05-08-12 submitted by Learning Tree Child Care Center, requesting
site plan approval in connection with a proposal to construct an addition to
the commercial building located at 32955 Plymouth Road, on the south
side of Plymouth Road between Farmington Road and Woodring Avenue
in the Northwest 1/4 of Section 34, 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 2004-05-08-12 is hereby approved and granted, subject to
the following conditions
1 That the Site Plan marked Sheet SP-1 dated July 23, 2004, as
revised, prepared by AZD Associates Architects, is hereby
approved and shall be adhered to,
2 Subject to the approval of the City Engineering Division, either a
driveway connecting the front parking lot to Woodring Avenue shall
be established or sufficient space shall be provided to allow
vehicles to turn around at the east end of the parking lot;
3 That the Landscape Plan marked sheet L-1 dated May 20, 2004,
prepared by AZD Associates Architects, is hereby approved and
shall be adhered to,
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,
Meeting of August 16, 2004 34777
7 That the Exterior Building Elevation Plans marked Sheet A-2 1 and
A-2.2, both dated May 20, 2004, prepared by AZD Associates
Architects, is hereby approved and shall be adhered to,
8 That the brick used in the construction shall be full-face four (4)
inch brick,
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,
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 Police Department's
satisfaction the following as outlined in the correspondence dated
June 10, 2004
• That all handicap spaces shall be identified and comply with the
Michigan Barrier Free Code and Livonia City Ordinance,
14 That this approval is subject to the petitioner being granted a
variance from the Zoning Board of Appeals for deficient outdoor
play area and any conditions related thereto,
15 That only conforming signage is approved with this petition, and
any additional signage shall be separately submitted for review and
approval by the Planning Commission and City Council,
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,
Meeting of August 16, 2004 34778
17 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
18 That a white picket fence as depicted on the drawing date-stamped
August 11, 2004 shall be installed around the perimeter of the play
area and it shall be moved eastward 15 feet subject to the approval
of the Zoning Board of Appeals for deficient setback from Woodring
Avenue
On a motion by McCann, seconded by Knapp, and unanimously adopted,
it was.
CR 385-04 RESOLVED, that having considered a communication from
the City Planning Commission, dated July 23, 2004, which transmits its
resolution 07-100-2004 adopted on July 20, 2004, with regard to Petition
2004-06-08-13 submitted by Larry's Kitchen, requesting site plan approval
in connection with a proposal to renovate the exterior of the restaurant
located at 27545 Plymouth Road, between Inkster Road and Cavell
Avenue in the Northeast 1/4 of Section 36, pursuant to the provisions set
forth in Section 18 58 of Zoning Ordinance No 543, as amended, the
Council does hereby concur in the recommendation of the City Planning
Commission and Petition 2004-06-08-13 is hereby approved and granted,
subject to the following conditions
1 That the Exterior Building Elevation Plan marked Sheet 1 dated
June 15, 2004, prepared by Designs Plus Inc , is hereby approved
and shall be adhered to, except for the following
• That the parapet on the east elevation shall be continued along
the entire length of this side of the building,
• That the parapet on the west elevation shall be continued as far
as the existing mechanical apparatus on the building will allow;
2 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,
3 That the petitioner shall correct to the Inspection Department's
satisfaction the following as outlined in the correspondence dated
July 13, 2004
Meeting of August 16, 2004 34779
• That the parking lot south of the east dividing wall shall be
replaced and the landscaping in this same area reestablished
and maintained,
• That the petitioner will investigate the idea of screening the
grease bin or an alternative disposition,
• That the existing dumpster gates shall be replaced with steel
privacy gates,
4 That no signs, either freestanding or wall mounted, are approved
with this petition,
5 That no LED lightband or exposed neon shall be permitted on this
site including, but not limited to, the building or around the windows,
6 That all annual building inspection fees from 2003 and 2004 must
be paid, and
7 That the specific plans referenced in this approving resolution shall
be submitted to the Inspection Department at the time the building
permits are applied for
On a motion by McCann, seconded by Knapp, and unanimously adopted,
it was
CR 386-04 RESOLVED, that having considered a communication from
the Superintendent of Parks and Recreation, dated July 27, 2004, 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 cash donations in the amount of $1,345 93 from various
donors, the same to be deposited in and credited to Account #702-000-
285-125 (Recreation Miscellaneous) for the purposes as designated by
the donors, and the donation of a ping pong table and accessories from
Edwin Waslawski, 14123 Seminole, Redford, Michigan 48239, for general
use by the City
On a motion by Meakin, seconded by Knapp, and unanimously adopted, it
was.
CR 387-04 RESOLVED, that having considered a communication from
the Director of Community Resources, dated August 5, 2004, 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,
Meeting of August 16, 2004 34780
accept a donation of $177 96 from the Ann Shaw Briggs Chapter 1239 of
Questers, do Avis Bennett, Treasurer, 14232 Doris, Livonia, Michigan
48154, the same to be deposited in Account No 723-000-690-010
(Historical Commission Trust Fund), for use toward restoration or
maintenance of the Union Cemetery, located on Six Mile Road
On a motion by Kokenakes, seconded by Robinson, and unanimously
adopted, it was
CR 388-04 RESOLVED, that having considered a letter from the
Department of Finance, dated July 26, 2004, approved for submission by
the Mayor, the Council does hereby refer the subject of the Annual Budget
for the fiscal year ending November 30, 2005, to the Finance, Insurance
and Budget Committee for its report and recommendation
On a motion by Meakin, seconded by Knapp, and unanimously adopted, it
was
CR 389-04 RESOLVED, that having considered a communication from
the Director of Finance, dated July 26, 2004, approved for submission by
the Mayor, the Council does hereby determine to conduct a Public
Hearing on Monday, October 11, 2004 at 7 00 p m at the City Hall, 33000
Civic Center Drive, Livonia, Michigan, with respect to the following items
1 The proposed annual budget for the City of Livonia for the fiscal
year ending November 30, 2005, and
2 The public hearing required by Act 5 PA 1982, in connection with
the Truth in Taxation hearing,
and the City Clerk shall give adequate public notice of said public hearing
in accordance with provisions of law and City Charter
On a motion by Kokenakes, seconded by Meakin, and unanimously
adopted, it was
CR 390-04 RESOLVED, that having considered a letter from the
Department of Law, dated August 6, 2004, which bears the signature of
the Director of Finance and is approved for submission by the Mayor, with
regard to the possible purchase of tax-foreclosed property, the Council
does hereby authorize a) the exercise of the City's statutory right of first
refusal with respect to property located at 14917 Country Club, and b)
fir., payment of the amount of $6,637 15 to the County of Wayne, FURTHER,
Meeting of August 16, 2004 34781
the amount of $6,637 15 is hereby appropriated and authorized to be
expended from Account No 101-267-972-000 (Purchase of Home
Forfeiture), such amount to be reimbursed to this account after the
iw► subsequent sale of this property; and the Department of Law is hereby
requested to do all things necessary or incidental to the full performance
of this resolution
On a motion by Meakin, seconded by Knapp, and unanimously adopted,
this 1,518th Regular Meeting of the Council of the City of Livonia was adjourned at
8 52 p m , August 16, 2004
(2,/ tz-eere—
Val Vandersloot, City Clerk