HomeMy WebLinkAboutCOUNCIL MINUTES 2002-12-18 33873
MINUTES OF THE ONE THOUSAND FOUR HUNDRED SEVENTY-NINTH
REGULAR MEETING OF DECEMBER 18, 2002
On December 18, 2002, 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 Vandersloot delivered the invocation
Roll was called with the following result: Val Vandersloot, Linda Dolan,
Gerald Taylor, Joe Laura, Maureen Miller Brosnan, Donald Knapp and Jack
Engebretson
Absent: None
Elected and appointed officials present: Jack E Kirksey, Mayor; John Hill,
Assistant City Engineer; Mark Taormina, City Planner; Sean Kavanagh, City Attorney;
Karen Tesner, Assistant City Clerk, Karen Szymula, Director of Legislative Affairs, Mary
Rutan, Human Resources Director; David Woodcox, Director of Building Inspection,
Robert Beckley, Director of Public Works, John Pastor, Planning Commission and Ian
Wilshaw, Traffic Commission
On a motion by Taylor, seconded by Brosnan, and unanimously adopted,
it was
CR 646-02 RESOLVED, that the minutes of the 1,478th Regular Meeting
of the Council held December 9, 2002 are hereby approved as submitted
During the audience communication portion of the agenda, Council
President Engebretson recognized the presence of Assistant City Clerk Karen Tesner
and Assistant City Engineer John Hill, and wished a speedy recovery to City Clerk Joan
McCotter and City Engineer Bob Schron
Ralph Williams, 18630 Foch, Livonia, 48152, remembered that the
recently deceased Janet Cooper had a goal of organizing a Charter Commission to
review and revise the City Charter, and suggested that consideration be given to this
matter
The newly elected State Representative, John Pastor, thanked the Mayor
for his past appointment to the Planning Commission, and thanked the members of the
Regular Meeting of December 18, 2002 33874
City Council with whom he had previously worked He introduced Joe Steel, a member
of his staff in Lansing, Joe's wife, Paula, and another staff member, Erica Pearlman,
who could not be present at the meeting tonight.
Mayor Kirksey addressed Agenda Item X-1 regarding an amendment to
the snow removal Ordinance He wanted to clarify that this revised ordinance was
targeted for commercial businesses that now ignore removing snow from their places of
business This is not intended to harass those residents who have a hardship in
removing the snow from their residences. The amended ordinance would now make
failure to remove snow and ice a civil infraction
He also spoke about Agenda Item X-2 regarding the appointment of Carol
Smiley, a recently retired administrator from the Livonia Public Schools, to the Planning
Commission to fill the unexpired term of John Pastor
He recognized John Pastor and congratulated him on his election to the
office of State Representative
A signed Property Separation Agreement between George Garis and
Martin and Linda Kubera, 29441 Robert Drive, Livonia, 48150, dated September 5,
2002, was received and placed on file for the information of the Council (Agenda Item
#4) (Petition 2001-09-GB-07)
On a motion by Brosnan, seconded by Vandersloot, it was
CR 647-02 RESOLVED, that having considered a letter from Mr and
Mrs Jerry Cox, received in the Office of the City Clerk on November 21,
2002, requesting to waive the sidewalk requirement at their new home
located at 19948 Mayfield, and having considered the report and
recommendation of the City Engineer, dated December 2, 2002, 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
CR 648-02 RESOLVED, that having considered the report and
recommendation of the Public Utility Manager, Director of Public Works,
and Director of Community Resources, dated November 13, 2002, which
bears the signature of the Director of Finance and is approved for
submission by the Mayor, regarding the painting at the Greenmead
complex, the Council does hereby repeal and rescind Council Resolution
386-02
CR 649-02 RESOLVED, that having considered the report and
recommendation of the Public Utility Manager, Director of Public Works,
and Director of Community Resources, dated November 13, 2002, which
Regular Meeting of December 18, 2002 33875
bears the signature of the Director of Finance and is approved for
submission by the Mayor, the Council does hereby authorize payment to
E L. Commercial Interiors, 31843 West Eight Mile Road, Livonia,
Michigan 48152, in the amount of $21,407 00, for completing the painting
at the Greenmead complex, the same to be expended from funds already
budgeted for this purpose in Account No 101-737-931-220 (Maintenance-
Greenmead).
CR 650-02 RESOLVED, that having considered the report and
recommendation of the Director of Public Works and the City Engineer,
dated November 20, 2002, approved for submission by the Mayor, the
Council does hereby authorize the release to William L Roskelly, 33177
Schoolcraft, Livonia, Michigan 48150, the proprietor of Camborne Stark
School Subdivision, located in the northwest 1/4 of Section 33, of the
financial assurances previously deposited pursuant to Council Resolution
784-96, adopted on August 26, 1996, and subsequently amended in
Council Resolutions 286-97 and 674-97, specifically.
a) General Improvement Bond $16,340 00 ($5,000 00 minimum cash),
b) Sidewalk Bond $18,000 00 ($4,000 00 minimum cash);
c) Monuments and Markers $ 640 00 cash,
and the action herein being taken is for the reasons indicated in the
aforementioned report of the City Engineer that all these improvements
have been satisfactorily installed in accordance with the rules and
regulations and ordinances of the City of Livonia
CR 651-02 RESOLVED, that having considered a communication from
the City Planning Commission, dated November 15, 2002, which transmits
its resolution 11-140-2002, adopted on November 12, 2002, with regard to
Petition 2001-09-GB-07, submitted by George Garis, requesting 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 9555-
9559 Middlebelt Road in the Northeast 1/4 of Section 35, the Council does
hereby concur in the recommendation of the Planning Commission and
Petition 2001-09-GB-07 is hereby approved and granted, subject to the
following conditions
1 That the landscaped greenbelt along the west property line, as
shown on the plan received by the Planning Commission on
September 6, 2001, shall be substituted for the protective wall
required by Section 18 45 of the Zoning Ordinance,
2 That the fencing, as depicted in the picture submitted to the
Planning Commission on October 11, 2002, and agreed upon by
Mr Garis and the abutting property owner, shall be erected to the
satisfaction of the Inspection Department;
Regular Meeting of December 18, 2002 33876
3
4 That the fence panels shall be screwed to the posts, not nailed,
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,
5 That the petitioner shall correct to the Inspection Department's
satisfaction the following as outlined in the correspondence dated
December 27, 2001
- That the site's existing landscaping shall be reestablished and
maintained,
- That the entire parking lot shall be repaired, resealed and
double striped within two (2) years, and
6 That for the south property line, the petitioner shall have the option
of either erecting a protective wall immediately, going to the Zoning
Board of Appeals for a temporary wall variance or seeking the
consent of the abutting property owner(s)
CR 652-02 RESOLVED, that having considered a communication from
the City Planning Commission, dated November 15, 2002, which transmits
its resolution 11-139-2002, adopted on November 12, 2002, with regard to
Petition 2002-10-08-23, submitted by Midtown Real Estate, on behalf of
Middlebelt Healthcare Center, requesting site plan approval in connection
with a proposal to construct additions to the nursing home located at
14900 Middlebelt Road in the Northwest 1/4 of Section 24, 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
Planning Commission and Petition 2002-10-08-23 is hereby approved and
granted, subject to the following conditions
1 That the Site Plan marked Sheet SP-1 dated October 21, 2002, as
revised, prepared by DesRosiers Architects, is hereby approved
and shall be adhered to,
2 That the Landscape Plan marked Sheet LP-1 dated November 18,
2002, as revised, prepared by DesRosiers Architects, is hereby
approved and shall be adhered to,
Regular Meeting of December 18, 2002 33877
3 That all disturbed lawn areas shall be sodded in lieu of
4 hydroseeding,
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 the Exterior Building Elevation Plan marked Sheet A-200
dated November 18, 2002, as revised, prepared by DesRosiers
Architects, showing the parapet roof extending around the entire
west and north elevations, is hereby approved and shall be
adhered to,
6 That the brick used in the construction shall be full face four (4) inch
brick, no exceptions,
7 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,
8 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;
9 That the petitioner shall correct to the Inspection Department's
satisfaction the following as outlined in the correspondence dated
October 30, 2002
- That the old tanks and pallets stacked on the north side of the
building shall be removed,
- That the old equipment stacked by the accessory building shall
be removed,
- That the concrete parking blocks shall be put back in their
proper places or removed,
- That the site's landscaping shall be reestablished and thereafter
permanently maintained in a healthy condition,
- That the entire parking lot shall be repaired, resealed and
double striped,
Regular Meeting of December 18, 2002 33878
10
- That all handicap spaces shall be identified and comply with the
Michigan Barrier Free Code,
That no signs, either freestanding or wall mounted, are approved
with this petition,
11 That the "Meadows of Livonia" sign on the site shall be removed
forthwith, and that such sign shall not be replaced,
12 That the existing fence shall be mended or replaced to the
satisfaction of the City of Livonia Inspection Department;
13 That the landscaped greenbelts along the south and east property
lines, as shown on the approved Landscape Plan, shall be
substituted for the protective wall required by Section 18 45 of the
Zoning Ordinance, except for the fact that additional plant materials
shall be installed to the satisfaction of the Planning Director;
14 That any change of circumstances in the areas 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
15 That the specific plans referenced in this approving resolution shall
be submitted to the Inspection Department at the time the building
permits are applied for
CR 653-02 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 )0(111 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,
February 10, 2003, at 7 00 p m. at the City Hall, 33000 Civic Center Drive,
Livonia, Michigan, with respect to the following item.
Petition 2002-10-01-14, submitted by Leo Soave Building
Company for a change of zoning of property located on the
west side of Cavell Avenue between Five Mile Road and
Western Golf Drive in the Northeast 1/4 of Section 24, from
RUE to R-2, the City Planning Commission in its resolution
11-144-2002 having recommended to the City Council that
Petition 2002-10-01-14 be approved,
Regular Meeting of December 18, 2002 33879
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 amendment to the
Zoning Ordinance, and/or (b) location of the proposed change 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
A roll call vote was taken on the foregoing resolutions with the following result:
AYES Vandersloot, Dolan, Taylor, Laura, Brosnan, Knapp and
Engebretson
NAYS None
On a motion by Vandersloot, seconded by Brosnan, it was
CR 654-02 RESOLVED, that having considered the report and
recommendation of the Capital Improvement Committee, dated November
12, 2002, submitted in connection with Council Resolution 402-96, the
Council does hereby authorize Russell Design, 108 N Center Street#204,
Northville, Michigan 48167 to proceed and finalize plans and
specifications for a seven foot high and thirty foot long exterior monument
sign (Option B) at the Livonia Community Recreation Center The
December 9, 2002 rendering is hereby approved and shall be adhered to
A roll call vote was taken on the foregoing resolution with the following result:
AYES Vandersloot, Dolan, Taylor, Brosnan, Knapp and Engebretson
NAYS Laura
The President declared the resolution duly adopted
A representative from Russell Design was present at the meeting to answer questions
of the Council
On a motion by Brosnan, seconded by Taylor, and unanimously adopted,
it was
Regular Meeting of December 18, 2002 33880
CR 655-02 RESOLVED, that having considered a communication from
the Committee of the Whole, dated December 10, 2002, in connection
with Council Resolution 604-02, with regard to Petition 2002-07-02-13, the
Council does hereby refer the subject of a proposed ordinance
amendment to give the City Council more flexibility with respect to special
waiver use requirements to the Law Department to prepare the
appropriate amendment to the Zoning Ordinance for submission to
Council
On a motion by Brosnan, seconded by Taylor, and unanimously
adopted, it was
CR 656-02 RESOLVED, that having considered a communication from
the Committee of the Whole, dated December 10, 2002, in connection
with Council Resolution 604-02, with regard to Petition 2002-07-02-13, the
Council does hereby refer the subject of a proposed ordinance
amendment to give the City Council more flexibility with respect to special
waiver use requirements to the Legislative Committee for its report and
recommendation
At the direction of the Chair, Petition 2002-07-02-13, submitted by Greg
Davis for waiver use approval to permit outside storage of trucks, trailers and equipment
for a business located at 20525 Fremont, is to remain in the Committee of the Whole
At the direction of the Chair, the matter of citizen concerns with respect to
the service provided by Detroit Edison, is to remain in the Committee of the Whole (CR
676-99)
On a motion by Brosnan, seconded by Dolan, and unanimously adopted, it
was
CR 657-02 RESOLVED, that having considered the report and
recommendation of the Committee of the Whole, dated December 10,
2002, in connection with Council Resolution 470-02, with regard to the
subject of forming a policy regarding the issuance of Proclamations and
Commendations, the Council does hereby determine to take no further
action with regard to this matter
On a motion by Brosnan, seconded by Laura, and unanimously adopted, it
was
CR 658-02 RESOLVED, that having considered the report and
recommendation of the Committee of the Whole, dated December 10,
Regular Meeting of December 18, 2002 33881
2002, in connection with Council Resolution 485-02, with regard to the
subject of a "Council Night In," the Council does hereby determine to take
no further action with regard to this matter
On a motion by Brosnan, seconded by Dolan, and unanimously adopted, it
was
CR 659-02 RESOLVED, that having considered the report and
recommendation of the Committee of the Whole, dated December 10,
2002, in connection with Council Resolution 734-99, with regard to the use
of the City Seal and other City property, the Council does hereby
determine to take no further action with regard to this matter
A communication from the Department of Finance, dated November 18,
2002, re City-owned property lease arrangements, was received and placed on file for
the information of the Council (CR 204-98)
On a motion by Taylor, seconded by Brosnan, and unanimously adopted,
it was
CR 660-02 RESOLVED, that having considered the report and
recommendation of the Committee of the Whole, dated December 10,
2002, in connection with Council Resolution 204-98, with regard to the
status of City-owned property, including lease arrangements, the Council
does hereby determine to take no further action with regard to this matter
A communication from Donna Garofano, Vice President, Public Affairs,
Ameritech, dated October 26, 1999, re withdrawal of its proposal to provide
competitive cable television service to the residents of Livonia, was received and placed
on file for the information of the Council (CR 683-99)
On a motion by Brosnan, seconded by Dolan, and unanimously adopted, it
was
CR 661-02 RESOLVED, that having considered the report and
recommendation of the Committee of the Whole, dated December 10,
2002, in connection with Council Resolution 683-99, with regard to the
L. proposed Ameritech New Media Cable Television Franchise Ordinance,
Regular Meeting of December 18, 2002 33882
the Council does hereby determine to take no further action with regard to
this matter
On a motion by Brosnan, seconded by Vandersloot, and unanimously
adopted, it was
CR 662-02 RESOLVED, that having considered the report and
recommendation of the Committee of the Whole, dated December 10,
2002, in connection with Council Resolution 776-99, with regard to the
allocation of Public, Educational and Governmental (PEG) channels for
the proposed Ameritech New Media Cable Television Franchise
Ordinance, the Council does hereby determine to take no further action
with regard to this matter
A communication from the Department of Law, dated November 26, 2002,
regarding donations from companies seeking tax abatements, and the fact that
Michigan Compiled Laws 207 555(3) prohibits any such requirement, was received and
placed on file for the information of the Council (CR 337-00, 338-00 and 339-00)
On a motion by Brosnan, seconded by Vandersloot, and unanimously
adopted, it was
CR 663-02 RESOLVED, that having considered the report and
recommendation of the Committee of the Whole, dated December 10,
2002, in connection with Council Resolution 337-00, with regard to the
matter of the request to establish the Livonia Community Foundation as
the recipient of donations from companies seeking tax abatements, the
Council does hereby determine to take no further action with regard to this
matter
A communication from the Department of Law, dated December 12, 2002,
re revised proposed amendments to the Retirement Plan Ordinance, Chapter 2 96
(Defined Benefit Plan) and Chapter 2 97 (Defined Contribution Plan) of the Livonia
Code of Ordinances, was received and placed on file for the information of the Council
Councilmember Vandersloot gave first reading to the following
Ordinance
Regular Meeting of December 18, 2002 33883
AN ORDINANCE AMENDING TITLE 2, CHAPTER 96
(THE CITY OF LIVONIA EMPLOYEES RETIREMENT
SYSTEM DEFINED BENEFIT PLAN) 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
Councilmember Vandersloot 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 Vandersloot, Dolan, Taylor, Laura, Brosnan, Knapp and
Engebretson
NAYS None
The President declared the foregoing Ordinance duly adopted, and would become
effective on publication
Councilmember Vandersloot gave first reading to the following
Ordinance
AN ORDINANCE AMENDING TITLE 2, CHAPTER 97
(THE CITY OF LIVONIA EMPLOYEES RETIREMENT
SYSTEM DEFINED CONTRIBUTION PLAN) 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
Councilmember Vandersloot 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 Vandersloot, Dolan, Taylor, Laura, Brosnan, Knapp and
Engebretson
Regular Meeting of December 18, 2002 33884
NAYS None
The President declared the foregoing Ordinance duly adopted, and would become
effective on publication
Councilmember Knapp gave first reading to the following
Ordinance
AN ORDINANCE AMENDING SECTION 080 OF TITLE 13,
CHAPTER 04 (GENERAL USE REGULATIONS) 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
Councilmember Brosnan took from the table, for second
reading and adoption, the following Ordinance
AN ORDINANCE AMENDING SECTIONS 20 02A, 20 04
AND 20 05 OF ARTICLE XX OF ORDINANCE NO 543, AS
AMENDED, KNOWN AND CITED AS "THE CITY OF
LIVONIA ZONING ORDINANCE" (Petition 2001-09-06-09)
A roll call vote was taken on the foregoing Ordinance with the following result:
AYES Vandersloot, Dolan, Taylor, Laura, Brosnan, Knapp and
Engebretson
NAYS None
The President declared the foregoing Ordinance duly adopted, and would
become effective on publication
Councilmember Knapp took from the table, for second
reading and adoption, the following Ordinance
AN ORDINANCE AMENDING SECTION 33 OF THE
ZONING MAP OF THE CITY OF LIVONIA AND AMENDING
Regular Meeting of December 18, 2002 33885
ARTICLE III OF ORDINANCE NO 543, AS AMENDED,
KNOWN AND CITED AS "THE CITY OF LIVONIA ZONING
ORDINANCE" BY ADDING SECTION 3 THERETO
(Petition 2002-06-01-09)
A roll call vote was taken on the foregoing Ordinance with the following result:
AYES Vandersloot, Dolan, Taylor, Laura, Brosnan, Knapp and
Engebretson
NAYS None
The President declared the foregoing Ordinance duly adopted, and would
become effective on publication
Councilmember Brosnan took from the table, for second
reading and adoption, the following Ordinance
AN ORDINANCE ADDING CHAPTER 05
(TELECOMMUNICATIONS) TO TITLE 12 AND REPEALING
CHAPTER 06 (TELECOMMUNICATIONS) OF TITLE 12 OF
THE LIVONIA CODE OF ORDINANCES, AS AMENDED
A roll call vote was taken on the foregoing Ordinance with the following result:
AYES Vandersloot, Dolan, Taylor, Laura, Brosnan, Knapp 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 Knapp, and unanimously adopted, it
was
CR 664-02 RESOLVED, that having considered a communication from
the City Assessor, dated November 15, 2002, approved for submission by
the Mayor, with regard to a request from Terrance Carriere of 19041
Hillcrest, 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 determine to deny the request for
dividing Tax Item No 46-042-01-0342-000 into two parcels since the
Regular Meeting of December 18, 2002 33886
same would be in violation of the City's zoning ordinance and law, as well
as for the reason that the proposed lot split would not be consistent with
good planning and zoning practice
A communication from the Planning Department, dated December 13,
2002, re history of lot splits that resulted in creating 40 foot wide lots, located in the
area of a proposed lot split at 19041 Hillcrest, south of Seven Mile and east of Merriman
Roads, and the result being only one in the last 5 years, was received and placed on file
for the information of the Council
On a motion by Knapp, seconded by Brosnan, and unanimously
adopted, it was
CR 665-02 RESOLVED, that the Council does hereby refer the subject
of possible amendments to Section 18 06 of Zoning Ordinance No 543 to
the Committee of the Whole for its report and recommendation
A communication from the Planning Department, dated December 4,
2002, re comparison of the location and size of signs approved for three businesses at
the Pentagon Entertainment Center with the signs proposed by Bahama Breeze, was
received and placed on file for the information of the Council (Petition 2002-08-SN-03)
A new Sign Package, received on December 9, 2002 in the Office of the
City Clerk, for Bahama Breeze Restaurant, 19600 Haggerty Road, Livonia, 48152, was
received and placed on file for the information of the Council (Petition 2002-08-SN-03)
On a motion by Taylor, seconded by Laura, and unanimously adopted, it
was
CR 666-02 RESOLVED, that having considered a communication from
Carrie Lynch, Allied Signs Inc , on behalf of Bahama Breeze, dated
September 26, 2002, which in accordance with the provisions of Section
19 08 of Ordinance No 543, as amended, takes an appeal from a
determination made on September 24, 2002, by the City Planning
Commission in its resolution 09-123-02, with regard to Petition 2002-08-
Regular Meeting of December 18, 2002 33887
SN-03, submitted by Pentagon Center Condominium Association, on
behalf of Bahama Breeze, requesting approval for additional wall signage
for the restaurant located at 19600 Haggerty Road in the Southwest 1/4 of
Section 6, and the Council having conducted a public hearing with regard
to this matter on Monday, November 25, 2002, pursuant to Council
Resolution 563-02, the Council does hereby reject the recommendation of
the Planning Commission and the said Petition 2002-08-SN-03 is hereby
approved subject to the following conditions
1 That the Sign Package consisting of Sheets 1 thru 3, submitted by
Chandler Signs, dated December 2, 2002, received on December
9, 2002, as revised, is hereby approved and shall be adhered to,
2 That all signage shall not be illuminated beyond one (1) hour after
this restaurant 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 excessive signage
and any conditions related thereto, and
5 That the new sign shall be placed on the south elevation on the
location shown on the drawings and shall be limited to a sign area
of 26 1 sq ft.
Rick Hopkins, representative from Bahama Breeze Restaurant, 19600 Haggerty Road,
Livonia, 48152, was present at the meeting to answer questions of the Council
On a motion by Taylor, seconded by Vandersloot, and unanimously
adopted, it was
CR 667-02 RESOLVED, that having considered a communication from
the City Planning Commission, dated September 26, 2002, which sets
forth its resolution 09-116-2002 adopted on September 24, 2002, with
regard to Petition 2002-07-01-11 submitted by John Carney, on behalf of
Time Warner Entertainment/Advance/Newhouse L P , for a change of
zoning of property located on the west side of Farmington Road between
Five Mile Road and Lyndon in the Northeast 1/4 of Section 21, from R-2 to
OS, and the Council having conducted a public hearing with regard to this
matter on Monday, December 2, 2002, pursuant to Council Resolution
564-02, the Council does hereby approve Petition 2002-07-01-11, as
amended, so as to rezone the easterly half of the property to OS and the
westerly half of the property to P, for preparation of the ordinance for
Regular Meeting of December 18, 2002 33888
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 543, as amended, in
accordance with this resolution
John Carney, representative of Time Warner Entertainment/Advance/Newhouse L.P ,
was present at the meeting to answer questions of the Council
A communication from Daniel Andrews, 16728 Parklane, Livonia, 48154,
re his opposition to proposed rezoning relative to athletic facilities in industrial zoning
districts, was received and placed on file for the information of the Council (Petition
2002-06-06-02)
On a motion by Brosnan, seconded by Dolan, it was
CR 668-02 RESOLVED, that having considered a communication from
the City Planning Commission, dated September 27, 2002, which sets
forth its resolution 09-121-2002 adopted on September 24, 2002, with
regard to Petition 2002-06-06-02, submitted by the City Planning
Commission, pursuant to Section 23 01(a) of Ordinance No 543, the
Zoning Ordinance of the City of Livonia, as amended, to determine
whether or not to allow various types of athletic schools and similar
facilities as permitted or waiver uses in industrial zoning districts, and the
Council having conducted a public hearing with regard to this matter on
Monday, December 2, 2002, pursuant to Council Resolution 565-02, the
Council does hereby approve Petition 2002-06-06-02, as amended, so as
to amend Section 16 11 of Article XVI of the Zoning Ordinance to allow the
subject use as a waiver use in the M-1, Light Manufacturing District, and
that Section 17 02 of Article XVII of the Zoning Ordinance be amended to
exclude the subject use as a permitted or waiver use in the M-2, General
Manufacturing District, for preparation of the ordinance for submission to
Council, and the Department of Law is requested to prepare an ordinance
amending Ordinance No 543, as amended, in accordance with this
resolution
A roll call vote was taken on the foregoing resolution with the following result:
AYES Vandersloot, Dolan, Brosnan and Knapp
NAYS Taylor, Laura and Engebretson
Regular Meeting of December 18, 2002 33889
The President declared the resolution duly adopted
On a motion by Brosnan, seconded by Laura, and unanimously adopted, it
was.
CR 669-02 RESOLVED, that with regard to Petition 2002-06-06-02 to
allow for various types of athletic schools and similar facilities as permitted
or waiver uses in industrial zoning districts, the Council does hereby refer
the subject matter of comparing parking requirements of athletic facilities
in industrial zones versus athletic facilities in other zoning districts, to the
Planning Department for a report and recommendation
On a motion by Vandersloot, seconded by Knapp, and unanimously
adopted, it was
CR 670-02 RESOLVED, that having considered a communication from
the City Planning Commission, dated September 27, 2002, which sets
forth its resolution 09-122-2002 adopted on September 24, 2002, with
regard to Petition 2002-08-06-03, submitted by the City Planning
Commission, pursuant to Section 23 01(a) of Ordinance No 543, the
Zoning Ordinance of the City of Livonia, as amended, to determine
whether or not to amend Article XI, Section 11 03 of the Zoning Ordinance
to provide for self storage facilities as waiver uses in the C-2, General
Business District, and the Council having conducted a public hearing with
regard to this matter on Monday, December 2, 2002, pursuant to Council
Resolution 566-02, the Council does hereby deny Petition 2002-08-06-03
for the following reasons
1 That the proposed language amendment is not needed to
accommodate the subject land use in the City;
2 That the Zoning Ordinance currently contains sufficient language to
adequately provide for self storage facilities in proper locations
other than C-2 districts,
3 That the proposed language amendment will promote self storage
facilities in a zoning district intended to accommodate retail sales
and commercial services, and
4 That there is no compelling reason to amend the Zoning Ordinance
to allow for the subject use within the C-2 district.
On a motion by Taylor, seconded by Dolan, and unanimously adopted, it
Regular Meeting of December 18, 2002 33890
was
CR 671-02 RESOLVED, that having considered a communication from
the Department of Law, dated December 9, 2002, approved for
submission by the Mayor, advising Council of certain road right-of-way
parcels to be conveyed to the County of Wayne, said parcels being further
described as follows
(1) Parcel 03V1 - part of Tax Item No 46-012-99-0003-000
The south sixty (60) feet of the following parcel of land
That part of the S E 1/4 of Sec 3 described as beginning at a
point on the South line of said Section distant East, 680 0 ft. from
the S W 1/4 corner of Section 3 and proceeding thence N 0°17'0"
W , 435 60 ft., thence East, 200 0 ft., thence S 0°17'0" E , 435 60
ft., thence West along the South Section line, 200 0 feet to the point
of beginning (Seven Mile Road right-of-way)
(2) Part of Tax Item No 46-012-99-0012-005
The South 60 feet of the following described parcel
That part of the S E 1/4 of Section 3, City of Livonia, Wayne
County, Michigan, described as beginning at a point on the South
Section line distant due West 60 0 feet from the S E corner of
Section 3 and proceeding thence due West along said line 215 feet;
thence N 0°17'0" W , 880 0 feet; thence due East 215 feet; thence
S 0°17'0" East, 880 0 feet to the point of beginning (Bureau of
Taxation Parcel 03EE3a, 3b1 - Seven Mile Road right-of-way)
(3) Part of Tax Item No 46-041-99-0063-000
The North 60 feet of the following described parcel
That part of the North 1/2 of Section 11, described as beginning at
the North 1/4 Corner of Section 11 and proceeding thence, North
87°50'0" East along the North Section line 80 83 feet, thence South
2°0'0" East 230 31 feet, thence South 88°3'0" West 108 feet,
thence North 2°0'0" West 230 feet, thence North 88°3'0" East along
the North Section line 27 13 feet to the point of beginning, T 1 S ,
R. 9 E , City of Livonia, Wayne County, Michigan (Seven Mile
Road right-of-way)
(4) Part of Tax Item No 46-011-01-0167-001
Regular Meeting of December 18, 2002 33891
The South 17 feet of the following parcel of land
Lots 167 to 170, both inclusive, of the "Westmore Subdivision", as
recorded in Liber 48, Page 85, Wayne County Records, said
subdivision being a part of the West 1/2 of the S W 1/4 of Section
3, T 1S , R.9E , Livonia Township (now City of Livonia), Wayne
County, Michigan (Seven Mile Road Right-of-Way)
(5) Part of Tax Item No 46-007-99-0063-000
The South 60 feet of the following described parcel
TheS E 1/4 ofthe S E 1/4 ofthe S E 1/4 ofthe S E 1/4 of the
S W 1/4 of Section 2, T 1S , R.9E , City of Livonia, Wayne County,
Michigan, except the East 30 feet thereof (Seven Mile Road right-
of-way)
(6) Part of Tax Item No 46-007-99-0031-000
The South 60 feet of the following described parcel
The East 112 50 feet of the West 442 50 feet of the South 340 0
feet of the Southwest 1/4 of Section 2, except the East 30 0 feet,
T 1S , R.9E , City of Livonia, Wayne County, Michigan (Seven
Mile Road right-of-way)
(7) Part of Tax Item No 46-038-01-0240-000
The North 60 feet of that part of the N W 1/4 of Section 10, T 1 S ,
R.9E , City of Livonia, Wayne County, Michigan, described as
beginning at a point on the north line of said section distant N
89°34' E , 1349 71 feet from the northwest corner of Section 10 and
proceeding thence S 0°16'17" E , 160 00 feet; thence N 89°34' E ,
135 26 feet; thence N 0°25' W , 160 0 feet to the north line of
Section 10, thence S 89°34' W , along said line 134 84 feet to the
point of beginning (Bureau of Taxation Parcel 10X, right-of-way for
Seven Mile Road)
(8) Part of Tax Item No 46-139-99-0001-000
The South 60 feet of that part of the Southwest 1/4 of Section 35,
T 1S , R.9E , City of Livonia, Wayne County, Michigan, described
as beginning at a point on the south line of said section distant S
89°51'30" E , 830 0 feet from the southwest corner of Section 35
and proceeding thence along the boundary of Meri-Joy Subdivision,
due North, 1197 93 feet and South 89°51' W , 19 0 feet and due
Regular Meeting of December 18, 2002 33892
North 120 0 feet; thence along the south line of Grandon Woods
Subdivision, 1472.24 feet; thence S 0°16'27" W , along the West
line of Smiley-Ringwald Subdivision 1317 72 feet; thence N
89°51'30" W , along the south section line, 1446 93 feet to the point
of beginning, except the east 30 feet thereof (Bureau of Taxation
Parcel 35J3a, J4 to J7a, right-of-way for Joy Road)
the Council does hereby, for and in behalf of the City of Livonia, authorize
the Mayor and City Clerk to execute quit claim deeds conveying the above
described property to the County of Wayne in a form to be approved by
the Department of Law; and the Department of Law is hereby requested to
do all things necessary to the full performance of this resolution
On a motion by Taylor, seconded by Knapp, and unanimously
adopted, it was
CR 672-02 RESOLVED, that the Council does hereby suspend their
rules for procedure as outlined in Council Resolution 574-82 so as to
permit consideration of items that do not appear on the agenda
A communication from the Department of Law, dated December 11, 2002,
re proposed change to snow removal ordinance, was received and placed on file for
the information of the Council
Councilmember Knapp gave first reading to the following
Ordinance
AN ORDINANCE AMENDING SECTION 370 OF TITLE 12,
CHAPTER 04 (STREETS AND SIDEWALKS) 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
Councilmember Knapp 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 Vandersloot, Dolan, Laura, Knapp and Engebretson
Regular Meeting of December 18, 2002 33893
NAYS Taylor and Brosnan
The President declared the foregoing Ordinance duly adopted, and would become
effective on publication
On a motion by Laura, seconded by Dolan, and unanimously adopted, it
was
CR 673-02 RESOLVED, that having considered a communication from
the Mayor, dated December 17, 2002, the Council does hereby approve of
and concur in the appointment of Carol Smiley, 19862 Stamford, Livonia,
Michigan 48152, to the City Planning Commission to fill the unexpired
term of office of John Pastor, which will expire on June 9, 2003, provided
that Ms Smiley takes the oath of office as required in Chapter X, Section
2 of the City Charter, to be administered by the City Clerk.
During the audience communication portion of the agenda,
Councilmember Vandersloot wished a "Happy Birthday" to Karen Szymula, Director of
Legislative Affairs, who celebrated her birthday on December 15, "Happy Birthday"
wishes to her father, Izidors Leitans, who will celebrate his 87th birthday on December
22, and also to newly elected State Senator Laura Toy, who will celebrate her birthday
on December 22
Councilmember Brosnan announced that her daughter, Marie, will be 8
years old on December 22
Council President Engebretson announced that his son, John, will be 39
years of age on December 25
In unison, all Councilmembers wished a "Merry Christmas" to Livonia
residents
On a motion by Taylor, seconded by Brosnan, and unanimously adopted,
this 1,479th Regular Meeting of the Council of the City of Livonia was adjourned at 9 33
p m , December 18, 2002
J an McCotter, City Clerk