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HomeMy WebLinkAboutCOUNCIL MINUTES 2004-12-06 3493') MINUTES OF THE ONE THOUSAND FIVE HUNDRED TWENTY-SIXTH REGULAR MEETING OF DECEMBER 6, 2004 On December 6, 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 Knapp delivered the invocation Roll was called with the following result. Donald Knapp, Brian Meakin, Frank J Kokenakes, Terry Godfroid-Marecki, James McCann, Thomas Robinson and Gerald Taylor Absent: None Elected and appointed officials present: Robert Schron, City Engineer; Mark Taormina, City Planner; Sean Kavanagh, City Attorney; Val Vandersloot, City Clerk, Karen Kapchonick, Acting Superintendent of Parks and Recreation and Jim Zoumbaris, Superintendent of Public Service On a motion by Knapp, seconded by Meakin, it was CR 556-04 RESOLVED, that the minutes of the 1,525th Regular Meeting of the Council held November 22, 2004 are hereby approved as submitted A roll call vote was taken on the foregoing resolution with the following result: AYES Knapp, Meakin, Kokenakes, McCann, Robinson and Taylor NAYS None PRESENT Godfroid-Marecki During the audience communication portion of the agenda, Bill Craig, 20050 Milburn, spoke to the Council in reference to the City's Ordinance No 2679, Grading and Soil Erosion Control Ordinance He stated that many developers in the City were violating this ordinance and asked for stricter Regular Meeting of December 6, 2004 34933 enforcement on this issue After some discussion, he was asked to provide the Administration with a list of developers who were in violation of this ordinance, and he stated that he would comply with this request. A communication from the Department of Finance, dated November 18, 2004, re forwarding various financial statements of the City of Livonia for the month ending October 31, 2004, was received and placed on file for the information of the Council On a motion by Kokenakes, seconded by Knapp, it was CR 557-04 RESOLVED, that having considered a letter from Christopher D Grattan, President, LandMAX Properties, Llc, dated November 19, 2004, requesting elimination of the sidewalk requirement in front of the new residence located at 28605 Clarita in the Northwest 1/4 of Section 12, and having further considered the report and recommendation of the City Engineer, dated November 24, 2004, approved for submission by the Mayor, the Council does hereby approve this request inasmuch as omitting the sidewalk on the subject property would have no detrimental effect upon the neighboring properties at this time due to lack of any other public sidewalks existing within the neighboring area, FURTHER, the Council does hereby reserve the right to require sidewalks at this location in the event that additional sidewalks are installed in this area at some future date CR 558-04 RESOLVED, that having considered a communication from the City Assessor, dated November 5, 2004, approved for submission by the Mayor, with regard to the original request dated October 1, 2004, from Michael Soave, 33611 Plymouth Road, Livonia, Michigan 48150, who represents Joseph Pepin of 29106 Broadmoor, Livonia, Michigan 48154, 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 approve of the proposed division of Tax Item No 46-051-01-0242- 000 into two parcels, the legal description(s) of which shall read as follows PARCEL A Part of Lot 242 of "Supervisor's Livonia Plat No 3" of part of N 1/2 of svv1/4 of Sec. 13, T 1 S , R. 9 E , Livonia Twp (now City of Livonia), Wayne County, Michigan, as recorded in Liber 66, Page 16, Wayne County Records, described as commencing at the Regular Meeting of December 6, 2004 34934 Southeast corner of Lot 242, thence West 69 98 feet along the South line of Lot 242 to the point of beginning, thence West 69 99 feet along the South line of Lot 242 to the West line of Lot 242, thence N 00°31'27" W 300 00 feet along the West line of Lot 242 to the North line of Lot 242, thence East 69 99 feet along the North line of Lot 242, thence S 00°31'27" E 300 00 feet to the point of beginning Containing 0 482 acres PARCEL B Part of Lot 242 of"Supervisor's Livonia Plat No 3" of part of N 1/2 of S W 1/4 of Sec. 13, T 1 S , R. 9 E , Livonia Twp (now City of Livonia), Wayne County, Michigan, as recorded in Liber 66, Page 16, Wayne County Records, described as beginning at the southeast corner of Lot 242, thence West 69 98 feet along the South line of Lot 242, thence N 00°31'27" W 300 00 feet; to the North line of Lot 242, thence East 69 98 feet along the North line of Lot 242 to the East line of Lot 242, thence S 00°31'27" E 300 00 feet to the point of beginning Containing 0 482 acres as shown on the map attached to the aforesaid communication which is made a part hereof by reference, FURTHER, in accordance with Section 16 32 030 of the Livonia Code of Ordinances, as amended, and Section 18 46 of Zoning Ordinance No 543, as amended, the Council does hereby waive the minimum lot width and area requirements set forth in Zoning Ordinance No 543, as amended, with respect to this property division, provided, however, that until a variance is granted by the Zoning Board of Appeals as to every nonconforming lot resulting from such split, none of said lots may be sold, leased or transferred, and 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 A communication from the Traffic Commission, dated November 15, 2004, - Administrative Response - re timing issues with the east to west pedestrian crosswalks at the intersection of Five Mile and Merriman Roads in conjunction with the traffic light, and the installation of actuator buttons near the sidewalks of both intersections, was received and placed on file for the information of the Council (CR 463-04) Regular Meeting of December 6, 2004 34935 CR 559-04 RESOLVED, that having considered the report and recommendation of the City Engineer, dated November 5, 2004, approved by the Director of Public Works and approved for submission by the Mayor, with regard to a request from the Wayne County Department of Public Services that the City take jurisdiction and control of the entire on-site storm sewer collection system as part of the development of the commercial property located at 20120 and 20140 Haggerty Road, on the east side of Haggerty Road, south of Eight Mile Road in the Northwest 1/4 of Section 6, the Council does hereby determine as follows 1 To advise the Wayne County Department of Public Services (Permit Section) that the City of Livonia has approved the storm sewer site plans, and further that the City will accept jurisdiction and maintenance (at no expense to the County) of the entire on-site storm sewer collection system within the property located on the east side of Haggerty Road, south of Eight Mile Road in the Northwest 1/4 of Section 6 (See attached letter from Livonia Chestnut, L L C , [regarding the proposed Panera Bread and TGI Fridays] dated November 4, 2004, indicating its willingness to reimburse the City for any such maintenance that may become necessary ) 2 To authorize the City Engineer to execute a Wayne County permit on behalf of the City of Livonia in connection with the above storm sewer construction CR 560-04 RESOLVED, that having considered a communication from the City Engineer, dated November 9, 2004, approved by the Director of Public Works and approved for submission by the Mayor, to which are attached lists of sidewalks requiring installation or replacement within miscellaneous locations throughout the City of Livonia, in connection with the 2005 Sidewalk Repair Program, said list being included herein by reference, and for the reasons stated, the Council does hereby require the respective owners of lots and premises referred to in said list to install or to remove and replace sidewalks at such premises, and the City Clerk is hereby requested to do all things necessary to carry out the provisions of this resolution which is made pursuant to Title 12, Section 340 of the Livonia Code of Ordinances, as amended, FURTHER, said notice shall set forth that the respective owners of lots and premises herein referred to shall complete said sidewalk work no later than June 1, 2005, after which date the Engineering Division shall arrange for the construction and/or reconstruction of the said sidewalks, FURTHER, the Council does hereby authorize the construction and/or reconstruction of various sections or sidewalks Regular Meeting of December 6, 2004 34936 and crosswalks at several locations within the City inasmuch as the same are the City's responsibility CR 561-04 RESOLVED, that having considered a communication from the City Planning Commission, dated November 10, 2004, which transmits its resolution 11-143-2004, adopted on November 9, 2004, with regard to Petition 2004-09-08-18 submitted by John Colucci, requesting site plan approval in connection with a proposal to construct an addition to the office building located at 10811 Farmington Road, on the west side of Farmington Road between Orangelawn Avenue and Plymouth Road in the Northeast 1/4 of Section 33, pursuant to the provisions set forth in Section 18 47 of Ordinance No 543, as amended, the Council does hereby concur in the recommendation of the Planning Commission and Petition 2004-09-08-18 is hereby approved and granted, subject to the following conditions 1 That the Plan marked Sheet SPA-1 dated November 1, 2004, as revised, prepared by George J Hartman Architects, is hereby approved and shall be adhered to, 2 That appropriate recordable legal instrumentation, such as a cross-parking agreement, that gives notice and outlines the terms of how the subject property(s) would share parking, be supplied to the City; 3 That landscaping is not approved with this petition A Landscape Plan shall be separately submitted for review and approval by the Planning Commission and City Council within sixty (60) days of this resolution Said plan shall incorporate either the required protective wall along the south and west property lines or, if applicable, petition to have the wall permanently waived by the substitution of a greenbelt; 4 That all disturbed lawn areas shall be sodded in lieu of hydroseeding, 5 That the brick used in the construction shall be full face 4 inch brick, 6 That all rooftop mechanical equipment shall be concealed from public view on all sides by screening that shall be of a compatible character, material and color to other exterior materials on the building, Regular Meeting of December 6, 2004 34937 7 That there shall be no dumpster located outside of the buildings, and all trash must be contained within the buildings except on the day trash is scheduled for removal, 8 That the petitioner shall secure the necessary storm water management permits from Wayne County, the City of Livonia, and/or the State of Michigan, 9 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; 10 That the petitioner shall correct to the Inspection Department's satisfaction the following as outlined in the correspondence dated October 7, 2004 • That the entire parking lot shall be cleaned up, repaired, resealed and double striped, • That all handicap spaces shall be identified and comply with the Michigan Barrier Free Code and Livonia City Ordinance, • That the drainage ditch along the south property line shall be completed, 11 That the petitioner shall correct to the Engineering Department's satisfaction the following as outlined in the correspondence dated October 5, 2004 • That an additional 27 feet of right-of-way shall be dedicated, 12 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, 13 That no LED lightband or exposed neon shall be permitted on this site, including but not limited to, the building or around the windows, and 14 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 Regular Meeting of December 6, 2004 34938 A roll call vote was taken on the foregoing resolutions with the following result. AYES Knapp, Meakin, Kokenakes, Godfroid-Marecki, McCann, Robinson and Taylor NAYS None On a motion by Knapp, seconded by Godfroid-Marecki, and unanimously adopted, it was CR 562-04 RESOLVED, that having considered the report and recommendation of the Legislative Committee, dated November 17, 2004, submitted pursuant to Council Resolution 522-03, in connection with the proposed amendment to Section 060 of Title 5, Chapter 33 (Garage, Yard, Basement and Rummage Sales) of the Livonia Code of Ordinances, as amended, the Council does hereby determine to take no further action with regard to this matter A page from the City of Grand Rapids Association of Realtors website, received on November 29, 2004, re the enforcement of this City's Sign Ordinance and how it affects realtors in that City, was received and placed on file for the information of the Council On a motion by Knapp, seconded by Godfroid-Marecki, and unanimously adopted, it was CR 563-04 RESOLVED, that having considered the report and recommendation of the Legislative Committee, dated November 17, 2004, submitted pursuant to Council Resolution 428-04, with regard to the review of the sign ordinance pertaining to signs advertising non-profit activities, open houses, etc , placed in the rights-of-way, the Council does hereby refer the subject of the proposed adoption of a Sign Ordinance resolution to the Administration for its report and recommendation On a motion by Knapp, seconded by Meakin, and unanimously adopted, it was CR 564-04 RESOLVED, that having considered the report and recommendation of the Committee of the Whole, dated November Regular Meeting of December 6, 2004 34939 23, 2004, submitted pursuant to Council Resolution 715-01, in connection with the request of Dale Brubaker, Michigan Veterans of Foreign Wars and Gerald D Taylor, Councilmember, that a permanent memorial be established honoring those from the community who have given their lives in the service of their country, the Council does hereby refer the subject of forming a committee to review this matter to the Administration for its report and recommendation On a motion by Knapp, seconded by Meakin, and unanimously adopted, it was CR 565-04 RESOLVED, that having considered the report and recommendation of the Committee of the Whole, dated November 23, 2004, submitted pursuant to Council Resolution 251-03, in connection with the proposed creation of a "Wall of Honor" to display photos of men and women in the armed forces, the Council does hereby refer the subject of forming a committee to review this matter to the Administration for its report and recommendation On a motion by Knapp, seconded by Kokenakes, and unanimously adopted, it was CR 566-04 RESOLVED, that having considered the report and recommendation of the Committee of the Whole, dated November 23, 2004, submitted pursuant to Council Resolution 754-98, in connection with the zoning of vacant parcels of land, the Council does hereby determine to take no further action with regard to this matter On a motion by McCann, seconded by Godfroid-Marecki, and unanimously adopted, it was CR 567-04 RESOLVED, that having considered the report and recommendation of the Committee of the Whole, dated November 23, 2004, submitted pursuant to Council Resolution 325-98, in connection with Facility Reservation Fees as prescribed in the "City of Livonia Fees/Waivers" policy and the accompanying Four- Category Grid, the Council does hereby determine to take no further action with regard to this matter On a motion by Kokenakes, seconded by Knapp, and unanimously Regular Meeting of December 6, 2004 34940 adopted, it was CR 568-04 RESOLVED, that having considered the report and recommendation of the Committee of the Whole, dated November 23, 2004, submitted pursuant to Council Resolution 453-03, in connection with High Tech Industrial Facilities Exemption Certification, the Council does hereby determine to take no further action with regard to this matter On a motion by Meakin, seconded by Kokenakes, and unanimously adopted, it was CR 569-04 RESOLVED, that having considered the report and recommendation of the Superintendent of Public Service and the Director of Public Works, dated November 15, 2004, which bears the signature of the Director of Finance and is approved for submission by the Mayor, the Council does hereby authorize B & V Construction, Inc., 48400 West Road, P 0 Box 930029, Wixom, Michigan 48393-0029, to provide snow removal services for City streets during the 2004-2005 snow season for snowfalls of over four (4) inches in accumulation and as authorized by the Mayor, pursuant to the terms stated in the attached letter dated October 18, 2004, FURTHER, the Council does hereby authorize the use of additional rental equipment, as needed, from Nagle Paving Company, 30630 West Twelve Mile Road, Farmington Hills, Michigan 48334, pursuant to the terms stated in the attached letter dated October 19, 2004, FURTHER, the Council does hereby authorize the said item without competitive bidding in accordance with Section 3 04 140D4 of the Livonia Code of Ordinances, as amended On a motion by Robinson, seconded by Godfroid-Marecki, and unanimously adopted, it was CR 570-04 RESOLVED, that having considered the report and recommendation of the Superintendent of Public Service and the Director of Public Works, dated November 15, 2004, which bears the signature of the Director of Finance and is approved for submission by the Mayor, with regard to contracted snow removal services for major storms, the Council does hereby refer the subject of snow removal services in the future for possible bid at a later date to the Committee of the Whole for its report and recommendation Regular Meeting of December 6, 2004 34941 A communication from Eileen Beale, 15559 Liverpool, Livonia, 48154, dated November 27, 2004, re her opposition to the rezoning of property located at 15552 Newburgh Road, was received and placed on file for the information of the Council (Petition 2004-09-01-10) On a motion by Kokenakes, seconded by Meakin, and unanimously adopted, it was CR 571-04 RESOLVED, that having considered a communication from the City Planning Commission, dated October 14, 2004, which sets forth its resolution 10-131-2004 adopted on October 12, 2004, with regard to Petition 2004-09-01-10, submitted by Jacalyn Newman Simon and Henry Stein, for a change of zoning of property located at 15552 Newburgh Road, on the east side of Newburgh Road between Five Mile Road and Ladywood Road in the Southwest 1/4 of Section 17, from R-2A to OS, and the Council having conducted a public hearing with regard to this matter on November 17, 2004, the Council does hereby approve Petition 2004-09-01-10 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 McCann, seconded by Robinson, and unanimously adopted, it was CR 572-04 RESOLVED, that having considered a communication from the Superintendent of Parks and Recreation, dated November 19, 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 various cash and other donations from the contributors set forth in the aforementioned communication to be used as specified by the donors, and the cash donation of $1,222 50 is to be deposited in and credited to Account #702-000-285-125 (Recreation-Miscellaneous) for use as indicated in the aforementioned communication Regular Meeting of December 6, 2004 34942 During the audience communication portion of the agenda at the end of the meeting, Councilmember McCann expressed "Happy Birthday" wishes to his wife, Linda, who will celebrate her birthday on Thursday, December 9 1r Councilmember Godfroid-Marecki wished a "Happy Birthday" to Councilmember Meakin who will celebrate his birthday on Saturday, December 11 On a motion by Knapp, seconded by Meakin, and unanimously adopted, this 1,526th Regular Meeting of the Council of the City of Livonia was adjourned at 8 36 p m , December 6, 2004 Clo- -v<-7Let,0)2/7- Val Vandersloot, City Clerk