HomeMy WebLinkAboutCOUNCIL MINUTES 2002-04-24 33513
MINUTES OF THE ONE THOUSAND FOUR HUNDRED SIXTY-THIRD
REGULAR MEETING OF APRIL 24, 2002
On April 24, 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 Dolan delivered the invocation
Roll was called with the following result. Linda Dolan, Gerald Taylor, Joe
Laura, Maureen Miller Brosnan, Donald Knapp, Val Vandersloot and Jack Engebretson
Absent: None
Elected and appointed officials present. Jack E Kirksey, Mayor; Robert
Schron, City Engineer; Mark Taormina, City Planner; Karen Szymula, Director of
Legislative Affairs, Sean Kavanagh, City Attorney; Joan McCotter, City Clerk, Jim
Zoumbaris, Superintendent of Public Service and Ian Wilshaw, Traffic Commission
On a motion by Brosnan, seconded by Vandersloot, it was
CR 210-02 RESOLVED, that the minutes of the l,462nd Regular
Meeting of the Council held April 24, 2002 are hereby approved as
submitted
A roll call vote was taken on the foregoing resolution with the following result:
AYES Taylor, Brosnan, Knapp, Vandersloot and Engebretson
NAYS None
PRESENT Dolan and Laura
During audience communication, Councilmember Vandersloot announced the
celebration of Arbor Day that will take place on April 25, 2002 at 2 30 p m at Jay-Gee
Park. Everyone is invited to attend
Councilmember Knapp announced the installation of Sister Rose Marie Kujawa
as the sixth President of Madonna University
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Gary Jennings, 18150 Fairfield, Livonia, 48152, spoke about his concerns
regarding paint balling activities at Rotary Park, and Councilmember Laura stated that
he would like the Mayor to check on this matter
At the direction of the chair, Agenda Item #8 was withdrawn from the agenda
until further notice by the request of the petitioner
At the request of Councilmember Vandersloot, Agenda Item #7 was removed
from the Consent Agenda and moved to the Regular Agenda
A communication from Sam Baki, Tri West Development, 36800 Seven
Mile Road, Livonia, 48152, dated April 24, 2002, re request to withdraw waiver use
petition from the agenda until further notice relative to building a child day care center at
19323 and 19337 Farmington Road, was received and placed on file for the information
of the Council (Petition 02-2-2-5) (Agenda Item #8)
On a motion by Taylor, seconded by Dolan, it was
CR 211-02 RESOLVED, that having considered an application from
Amy Fogle, 9870 Henry Ruff, dated April 3, 2002, requesting permission
to close Henry Ruff between Robert Drive and Orangelawn on Saturday,
June 1, 2002, from 12 00 noon to 1000 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, June
8, 2002, in the event of inclement weather, the action taken herein being
made subject to the approval of the Police Department.
A communication from Robert A. McCann, General Manager, received
March 27, 2002, re Eighteenth Annual Report of Time Warner Cable of Livonia, was
received and placed on file for the information of the Council
CR 212-02 RESOLVED, that having considered a communication from
the Mayor, dated March 26, 2002, wherein he has requested approval of
the reappointment of Stan Anderson, 28428 Elmira, Livonia, Michigan
48150 to the Livonia Plymouth Road Development Authority as a resident
member at large for a four-year term expiring May 16, 2006, pursuant to
Section 3 16 060 of the Livonia Code of Ordinances, as amended, and Act
No 197 of the Public Acts of Michigan of 1975, as amended, the Council
does hereby confirm and approve such reappointment.
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CR 213-02 RESOLVED, that having considered a communication from
the Mayor, dated March 26, 2002, wherein he has requested approval of
the reappointment of Mike Polsinelli, 15800 Northwestern Highway, Suite
itt• 750, Southfield, Michigan 48075 to the Livonia Plymouth Road
Development Authority as a representative of the business interest or
property owner for a four-year term expiring May 16, 2006, pursuant to
Section 3 16 060 of the Livonia Code of Ordinances, as amended, and Act
No 197 of the Public Acts of Michigan of 1975, as amended, the Council
does hereby confirm and approve such reappointment.
CR 214-02 RESOLVED, that having considered a communication from
the Mayor, dated March 26, 2002, wherein he has requested approval of
the reappointment of Scott Grace, 31500 Plymouth Road, Livonia,
Michigan 48150 to the Livonia Plymouth Road Development Authority as a
representative of the business interest or property owner for a four-year
term expiring May 16, 2006, pursuant to Section 3 16 060 of the Livonia
Code of Ordinances, as amended, and Act No 197 of the Public Acts of
Michigan of 1975, as amended, the Council does hereby confirm and
approve such reappointment.
CR 215-02 RESOLVED, that having considered a communication from
the Chairperson of the Livonia Arts Commission and the Director of
Community Resources, dated April 5, 2002, approved for submission by
the Mayor, which requests permission to display signs announcing the
annual Arts and Crafts Festival at the Greenmead Historical Village to be
held on Saturday, June 8 and Sunday, June 9, 2002, which signs are to
be 18" x 24" in size and which will be displayed at all major intersections in
the City from Friday, May 24, 2002, through Monday, June 10, 2002, the
Council does hereby grant and approve this request in the manner and
form herein submitted, with the understanding that no sponsor names
shall be listed on the signs
CR 216-02 RESOLVED, that having considered the report and
recommendation of the Fire Chief, dated April 11, 2002, approved for
submission by the Mayor, regarding a Fleet Replacement Program for Fire
and Rescue apparatus, the Council does hereby refer this item to the
Capital Improvement Committee for its report and recommendation
CR 217-02 RESOLVED, that having considered the report and
recommendation of the Chairman of the Water and Sewer Board, dated
April 9, 2002, which bears the signature of the Director of Finance and is
approved for submission by the Mayor, which transmits Water and Sewer
Board resolution WS 3414 04/02, adopted on April 8, 2002, the Council
does hereby authorize the purchase of two (2) full-size pickup trucks
(4x4's), Model BR7L62, for the Public Service Division (Water
Maintenance Section) from Snethkamp's Lansing Dodge, 6131 S
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Pennsylvania, Lansing, Michigan 48911, in the amount of $21,370 78
each, for a total price of $42,741 56, to be expended from funds already
budgeted in Account Nos 592 --- 142-000 and 592 --- 140-000 for this
purpose, FURTHER, the Council does hereby determine to authorize the
said purchase without competitive bidding inasmuch as the same is based
upon the low State of Michigan bid price (under Contract No
07161001118), as well as for the additional reasons indicated in the
aforesaid communication, and such action is taken in accordance with the
provisions set forth in Section 3 04 140D4 of the Livonia Code of
Ordinances, as amended
CR 218-02 RESOLVED, that having considered the report and
recommendation of the Superintendent of Public Service and the Director
of Public Works, dated April 2, 2002, 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 three (3) full-size pickup
trucks (4x4's) with extended cab, Model BE7L34, for the Public Service
Division (Parks and Forestry Sections) from Snethkamp's Lansing Dodge,
6131 S Pennsylvania, Lansing, Michigan 48911, in the amount of
$23,529 78 each, for a total price of $70,589 34, to be expended from
funds already budgeted in Account No 101-446-985-000 (Equipment
Maintenance Capital Outlay) for this purpose, FURTHER, the Council
does hereby determine to authorize the said purchase without competitive
bidding inasmuch as the same is based upon the low State of Michigan
bid price (under Contract No 071B1001118), as well as for the additional
reasons indicated in the aforesaid communication, and such action is
taken in accordance with the provisions set forth in Section 3 04 140D4 of
the Livonia Code of Ordinances, as amended
CR 219-02 RESOLVED, the Council does hereby request a report and
recommendation from the Department of Public Works regarding the
Vehicle Replacement Plan
CR 220-02 RESOLVED, that having considered the report and
recommendation of the Superintendent of Public Service and the Director
of Public Works, dated April 3, 2002, 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 two (2) pickup trucks
(4x4's) with extended cab, Model BE7L34, for the Public Service Division
(Animal Control Officers) from Snethkamp's Lansing Dodge, 6131 S
Pennsylvania, Lansing, Michigan 48911, in the amount of $23,239 78
each, for a total price of $46,479 56, to be expended from Municipal
Refuse Funds already budgeted in Account No 205-526-985-000 (Animal
Control Capital Outlay - Vehicles) for this purpose, FURTHER, the Council
does hereby determine to authorize the said purchase without competitive
bidding inasmuch as the same is based upon the low State of Michigan
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bid price (under Contract No 07161001118), as well as for the additional
reasons indicated in the aforesaid communication, and such action is
taken in accordance with the provisions set forth in Section 3 04 140D4 of
the Livonia Code of Ordinances, as amended
CR 221-02 RESOLVED, that having considered the report and
recommendation of the Superintendent of Public Service and the Director
of Public Works, dated April 8, 2002, 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 four (4) compact pickup
trucks, Model AN1L61, for the Public Service Division (assigned to the
Inspection Department) from Snethkamp's Lansing Dodge, 6131 S
Pennsylvania, Lansing, Michigan 48911, in the amount of $12,564 78
each, for a total price of $50,259 12, to be expended from funds already
budgeted in Account No 101-446-985-000 (Equipment Maintenance
Capital Outlay) for this purpose, FURTHER, the Council does hereby
determine to authorize the said purchase without competitive bidding
inasmuch as the same is based upon the low State of Michigan bid price
(under Contract No 07161001118), as well as for the additional reasons
indicated in the aforesaid communication, and such action is taken in
accordance with the provisions set forth in Section 3 04 140D4 of the
Livonia Code of Ordinances, as amended
CR 222-02 RESOLVED, that having considered the report and
recommendation of the Superintendent of Public Service, the Director of
Public Works and the Superintendent of Parks and Recreation, dated April
4, 2002, 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 one (1) full-size pickup truck (4x4), Model BR7L62, for the
Public Service Division (assigned to the Parks and Recreation Department
- Golf Course Section) from Snethkamp's Lansing Dodge, 6131 S
Pennsylvania, Lansing, Michigan 48911, for a total price of $21,370 78, to
be expended from funds already budgeted in Account No 101-681-985-
000 (Maintenance - Whispering Willows Capital Outlay) for this purpose,
FURTHER, the Council does hereby determine to authorize the said
purchase without competitive bidding inasmuch as the same is based
upon the low State of Michigan bid price (under Contract No
07161001118), as well as for the additional reasons indicated in the
aforesaid communication, and such action is taken in accordance with the
provisions set forth in Section 3 04 140D4 of the Livonia Code of
Ordinances, as amended
CR 223-02 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 XXIII of Ordinance 543, as amended, the Zoning Ordinance of the
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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
Wednesday, June 12, 2002, at 7 00 p m at the City Hall, 33000 Civic
taw Center Drive, Livonia, Michigan, with respect to the following item
Petition 01-9-6-9 submitted by the City Planning Commission
pursuant to Council Resolutions 607-01 and 608-01 and pursuant
to Section 23 01(a) of Zoning Ordinance No 543, the Zoning
Ordinance of the City of Livonia, as amended, to determine whether
or not to amend Sections 20 02A and 20 04 of Article XX of the
Zoning Ordinance to reduce density computations that govern a
single family cluster development and establish guidelines to
consider impacts of single family cluster developments on future
development of adjacent properties, the City Planning Commission
in its resolution 03-47-2002 having recommended to the City
Council that Petition 01-9-6-9 be approved,
FURTHER, the City Clerk is hereby requested to, no less than fifteen (15)
days prior to the aforesaid date of said public hearing, cause to have a
statement indicating the (a) nature of the proposed 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 Dolan, Taylor, Laura, Brosnan, Knapp, Vandersloot and
Engebretson
NAYS None
On a motion by Vandersloot, seconded by Brosnan, and unanimously
adopted, it was
CR 224-02 RESOLVED, that having considered a communication from
the City Planning Commission, dated March 28, 2002, which transmits its
resolution 03-41-2002, adopted on March 26, 2002, with regard to Petition
02-2-2-4, submitted by Brivar Construction Company, on behalf of
Chinese Gospel Church, requesting waiver use approval to construct an
33519
addition onto the existing church building, including a new sanctuary with
increased seating capacity, on property located at 35301 Five Mile Road,
on the south side of Five Mile Road between Gary Lane and Yale Avenue
in the Northwest 1/4 of Section 21, which property is zoned R-2, the
Council does hereby concur in the recommendation made by the City
Planning Commission and Petition 02-2-2-4 is hereby approved and
granted, subject to the following conditions, pending the outcome of the
County analysis of the water storage and relief problem
1 That the Site Plan prepared by Albert T Y Wu, AIA, Architect,
dated March 26, 2002, as revised, is hereby approved and shall be
adhered to,
2 That the Building Elevations Plan prepared by Albert T Y Wu, AIA,
Architect, dated February 22, 2002, is hereby approved and shall
be adhered to,
3 That the brick used in the renovation of the northwesterly portion of
the church building shall be full-face four (4) inch brick, no
exceptions,
4 That the block used for the lower level addition shall be textured
pre-colored block,
5 That the existing parking lot shall be repaired and resealed, where
needed, to the satisfaction of the Inspection Department and the
entire expanded parking lot shall be double-striped,
6 That this approval shall incorporate the recommendations regarding
the handicapped parking as stated in the letter dated March 11,
2002 from the Traffic Bureau,
7 That all light fixtures shall not exceed 20 feet in height and shall be
shielded so as to be deflected away from the neighboring
residential properties,
8 That a fully detailed Landscape Plan, as well as a Lighting Plan,
shall be submitted for approval within 60 days following approval of
this petition by the City Council,
9 That the temporary mobile classroom shall be removed prior to the
issuance of the Certificate of Occupancy; and
10 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
33520
A communication from the Planning Director, dated April 23, 2002, re a
valid protest being in effect relative to rezoning of the Ardmore property at 19810 and
19734 Farmington Road, as well as several letters from residents in opposition to this
rezoning, was received and placed on file for the information of the Council (Petition
96-7-1-15)
A communication from Kimberly Naccashian, 32750 Norfolk, Livonia,
48152, re sales figures for single-family homes in the vicinity relative to the Ardmore
property rezoning at 19810 and 19734 Farmington Road, was received and placed on
file for the information of the Council (Petition 96-7-1-15)
On a motion by Laura, seconded by Brosnan, and unanimously adopted, it
was
CR 225-02 RESOLVED, that having considered the report and
recommendation of the Committee of the Whole, dated April 2, 2002,
submitted pursuant to Council Resolution 74-00, and having considered a
communication from the City Planning Commission, dated December 6,
1996, which sets forth its resolution 11-215-96, adopted on November 19,
1996, with regard to Petition 96-7-1-15, submitted by the City Planning
Commission, pursuant to Council Resolution No 398-96, for a change of
zoning of property located at 19810 and 19730 Farmington Roads in the
West 1/2 of Section 3 from OS and R-3A to R-C or R-9, and the Council
having conducted a public hearing with regard to this matter on February
10, 1997, pursuant to Council Resolution 1173-96, the Council does
hereby reject the recommendation of the City Planning Commission to
change the zoning to R-C, and the said Petition 96-7-1-15 is hereby
denied for the following reasons
1 That the City should not grant this rezoning solely to accommodate
the developer's business interests,
2 That the land should be zoned single family residential to
encourage families to move to the City;
3 That higher value single-family homes can be sold in this area,
33521
4 That the proposed change of zoning will provide for an
unacceptable increase in the overall population in the area, and
5 That the proposed change of zoning is not necessary for the
development and use of the subject property in conformance with
the current zoning
A communication from Diane Schulte, Senior Vice-President of AMC, Inc.,
dated March 28, 2002, re consenting to proposed ingress/egress depicted in a site
plan that was reviewed by them relative to construction of a full service restaurant at
19450 Haggerty Road by Haggerty Road Investments, was received and placed on file
for the information of the Council (Petition 01-3-2-5)
A Plan Package from the Boneyard Group, dated September 12, 2001, re
Site plan enclosure elevation, stairway plan, first and second floor plans, and elevations
relative to construction of a full service restaurant at 19450 Haggerty Road by Haggerty
Road Investments, was received and placed on file for the information of the Council
(Petition 01-3-2-5))
A communication from the Engineering Division, dated April 22, 2002, re
cost of returning property located at 19450 Haggerty Road to a level grade, was
received and placed on file for the information of the Council (Petition 01-3-2-5)
On a motion by Vandersloot, seconded by Laura, and unanimously
adopted, it was
CR 226-02 RESOLVED, that having considered the report and
recommendation of the Committee of the Whole, dated April 9, 2002,
submitted pursuant to Council Resolution 614-01, in connection with
Petition 01-3-2-5, the Council does hereby request a report and
recommendation from the Department of Law regarding the history of the
Consent Judgment and what latitude the Council has in requiring
conditions for any and all approvals
On a motion by Taylor, seconded by Brosnan, and unanimously adopted,
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it was
CR 227-02 RESOLVED, that Enrico Rosati, 18845 Gary Lane, Livonia,
as proprietor, having requested the City Council to approve the proposed
preliminary plat of the following subdivision Rosati Industrial Subdivision
to be located on the west side of Stark Road between Schoolcraft Road (I-
96) and Plymouth Road in the South 1/2 of Section 28, City of Livonia,
Wayne County, Michigan, the said proposed preliminary plat being dated
December 13, 2000, and it further appearing that tentative approval of
such preliminary plat was given by the City Planning Commission, after
due notice and a public hearing on July 24, 2001 , and it further appearing
that such preliminary plat, together with development plans and
specifications for improvements therein have been examined and
approved by the Engineering Division as is set forth in the report of that
department dated January 24, 2002, therefore, the City Council does
hereby approve of the said preliminary plat on the following conditions
(1) All of the improvement, utilities and grading shall be constructed,
installed and accomplished in conformity with the provisions of the
ordinances of the City of Livonia, including the Subdivision Control
Ordinance, being Title 16, Chapters 16 04 through 16 24 of the
Livonia Code of Ordinances, as amended, the Subdivision
Regulations of the Planning Commission, the regulations and
specifications of the Engineering Division and the Development
Plans submitted by the proprietor and approved by such
department; all such improvements to be constructed, installed,
accomplished and completed within a period of two (2) years from
the effective date of this resolution, failing this, the approval
contained herein shall be considered null, void and of no effect
whatsoever;
(2) That all inspection fees and other charges due to the City of Livonia
shall be fully paid at the time and in the manner provided in the said
Subdivision Control Ordinance, as amended,
(3) That the installation of all such improvements shall be subject at all
times to the supervision and inspection and final approval of the
Engineering Division, and such improvements shall not be
considered as having been satisfactorily and completely installed
until there is filed with the City Council the certificate as provided in
Section 16 24 370 of the said Subdivision Control Ordinance, as
amended,
(4) That the proprietor enter into an agreement with the City of Livonia
agreeing to construct, within the prescribed period of time and in
the prescribed manner, all improvements required to the extent
33523
required by the City of Livonia and as shown on the approved
development plans,
(5) That the final true record plat of the aforesaid subdivision shall be
submitted and must receive the final approval of the City Planning
Commission as evidence that such plat is in compliance with
existing Subdivision Regulations,
(6) That the final true plat of the aforesaid subdivision shall be
submitted and must receive the final approval of the City Council
within two (2) years from the effective date of this resolution, the
City Council shall approve final plats of the aforesaid proposed
subdivision if drawn in substantial conformity with the proposed plat
as approved herein, and provided there has been compliance with
all other requirements of State Statute, the Subdivision Control Act,
the Subdivision Control Ordinance and this resolution,
(7) That, for the purpose of obtaining approval of final plats prior to the
completion of all required improvements the proprietor may file with
the City of Livonia a corporate surety bond, certified check, cash
bond, irrevocable letter of credit, or other financial assurance in
such form as may be approved by the Department of Law
guaranteeing the satisfactory installation of all such improvements,
utilities and grading by the proprietor within the prescribed period,
that in the event the proprietor elects to deposit such financial
assurances the same shall be in the following amounts
(a)General Improvement Bond $805,000 00, of which at
least$10,000 00 shall be in cash
(b) Grade & Soil Erosion Control $ 9,600 00 (all cash)
(c) Monuments and Lot Markers $ 470 00 (all cash)
and require cash payments in addition to the above amounts, in the
total amount of$56,695 00
(8) That the distribution lines for telephones and electric service are to
be placed underground and ornamental street lights are to be
provided throughout the Subdivision in accordance with City
ordinances
Bill Roskelly, 33177 Schoolcraft, spoke to the Council about the proposed
wall and gate to be constructed at the Rosati Industrial Subdivision, located on the west
side of Stark Road, between Schoolcraft and Plymouth Roads (Petition 01-5-PL-1)
33524
Terri Lemmon, 12101 Brewster, Livonia, 48150, spoke about her concerns
of the noise level of two generators that are running 24 hours a day at the construction
site of Rosati Industrial Subdivision, and inquired as to the length of time these
generators would continue to run (Petition 01-5-PL-1)
Keith Lemmon, 12101 Brewster, Livonia, 48150 inquired if there would be
a gate between the 2 walls at the proposed Rosati Industrial Subdivision (Petition 01-
5-PL-1)
On a motion by Taylor, seconded by Laura, and unanimously adopted, it
was
CR 228-02 RESOLVED, that having considered a communication from
the City Planning Commission, dated February 19, 2002, which transmits
its resolution 02-25-2002, adopted on February 12, 2002, with regard to
Petition 2001-05-PL-01, submitted by Enrico Rosati, requesting landscape
approval in connection with Preliminary Plat approval for Rosati Industrial
Subdivision, to be located on the west side of Stark Road between
Schoolcraft Road (1-96) and Plymouth Road in the South 1/2 of Section 28,
the Council does hereby concur in the recommendation of the Planning
Commission and the Landscape Plan in connection with Petition 2001-05-
PL-01 is hereby approved and granted, subject to the following conditions
and modifications
1 That the Site & Landscape Plan marked Sheet 1A dated February
8, 2002, as revised, prepared by Basney & Smith, Inc , is hereby
approved and shall be adhered to except as modified below;
2 That the Petitioner shall construct and maintain a continuous
unpierced protective screen wall along the full length of the project
where the M-1 district abuts the R-5 district;
3 That construction of the protective screen wall shall be completed
prior to the construction of any of the buildings on the industrial lots,
4 That the protective screen wall shall be a scored block wall on both
sides, and that the color of the wall shall be brown-scored block
with brown mortar, in accordance with the sample provided to and
approved by the City Council at its 4/24/02 Regular Meeting,
5 That the height of the easterly portion of the protective screen wall
extending from Stark Road west for a distance of approximately
960 feet where it abuts the existing residential properties along
Capitol and Brewster Roads and a portion of Lot 1 of the future
residential development, shall be a minimum of seven (7) feet as
33525
measured from the finish grade on whichever side of the wall has
the highest elevation, except for any section where the height is
required to be lower for reasons of protecting adequate sight-lines,
6 That the height of the westerly portion of the protective screen wall
extending from the west property line east for a distance of
approximately 1,038 feet to the southeast corner of Lot 1 of the
industrial subdivision, shall be a minimum of six (6) feet as
measured from the finish grade on whichever side of the wall has
the highest elevation, except for any section where the height is
required to be lower for sight-line purposes,
7 That the spacing between the trees to be planted adjacent to the
wall shall be no greater than 20 ft. as measured on-center;
8 That the Building and Use Restrictions for the industrial subdivision
shall be submitted to the Planning Commission for its review prior
to the approval of the final plat and shall include provisions for the
maintenance of the protective screen wall and temporary fence,
landscaping and sidewalk(s),
9 That this approving resolution is only with respect to the industrial
portion of the development. All details and elements related to
development of the residential properties, including landscaping,
shall be reviewed separately at the time the site plan or preliminary
plat is submitted,
10 That no signs, either freestanding or wall mounted, are approved
with this petition,
11 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;
12 That a temporary six (6) foot high wooden or other obscuring fence
and gate shall be installed between the opening in the wall across
the right-of-way where the future road will be extended in order to
provide access to the residential phase of the development; and
13 That a sidewalk shall be installed on the south side of the road from
Stark Road west to the residential Lot 1
On a motion by Laura, seconded by Brosnan, and unanimously
adopted, it was
33526
CR 229-02 RESOLVED, that in the matter of Petition 2001-10-01-11
submitted by Rino Soave for a proposed rezoning of property located on
the northeast corner of Wayne Road and Pinetree Avenue in the
Northwest 1/4 of Section 33 from RUF to R-1, the Council does hereby
determine to take no further action on this matter
Councilmember Knapp gave first reading to the following
Ordinance
AN ORDINANCE AMENDING SECTION 35 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 01-10-1-12)
The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in the
Office of the City Clerk and is the same as if word for word repeated herein The above
Ordinance was placed on the table for consideration at the next regular meeting
On a motion by Vandersloot, seconded by Laura, and unanimously
adopted, it was
CR 230-02 RESOLVED, that having considered a communication from
Radu lacoban, 6320 Appoline, Dearborn, Michigan 48126, dated March
27, 2002, requesting elimination of the sidewalk requirement in front of the
new residence located at 30075 Curtis, and the report and
recommendation of the City Engineer, dated April 15, 2002, approved for
submission by the Mayor, with regard to this matter, the Council does
hereby deny this request inasmuch as there are sidewalks on both sides
of Curtis, as well as other streets in this neighborhood and omitting the
sidewalk on the subject property would be detrimental to the best interests
of the City and its residents
A communication from Ryan Adams, 38541 Rhonswood, Northville,
48167, dated January 22, 2002, re his solution to fixing the fence that separates
Zerbo's Health Foods' property and that of neighbor, Dan Sollars, relative to a sign
petition requested by Zerbo's, and a building permit from the City of Livonia Inspection
33527
Department, was received and placed on file for the information of the Council (Petition
01-12-SN-6)
On a motion by Taylor, seconded by Knapp, and unanimously adopted, it
was.
CR 231-02 RESOLVED, that having considered a communication from
the City Planning Commission, dated January 18, 2002, which transmits
its resolution 01-04-2002, adopted on January 15, 2002, with regard to
Petition 01-12-SN-6, submitted by Zerbo's Health Foods, requesting
approval of additional wall signs for the store located at 34164 Plymouth
Road in the Southeast 1/4 of Section 28, the Council does hereby concur
in the recommendation of the Planning Commission and approve the said
Petition 01-12-SN-6, subject to the following conditions
That the Sign Package submitted by Zerbo's Health Foods, as
received by the Planning Commission on November 30, 2001, is
hereby approved and shall be adhered to, except for the fact that
the proposed signage, along with the existing wall sign, shall not
exceed the allowable sign area permitted by the Sign Ordinance,
2 That this approval is only for one (1) additional wall sign on the east
elevation with the graphic "Zerbo's Health Foods," the sign on the
west elevation with the graphic "Zerbo's" is not allowed,
3 That these wall signs shall not be illuminated beyond one (1) hour
after this business closes,
4 That any additional signage shall come back before the Planning
Commission and City Council for their review and approval, and
5 That this approval is subject to the petitioner being granted a
variance from the Zoning Board of Appeals for excess signage and
any conditions related thereto
A copy of a check dated April 15, 2002, from Ritter's Frozen Custard,
31195 Eight Mile Road, Livonia 48152, re the sum of $151 50 paid for false alarm
charges, was received and placed on file for the information of the Council (Pet. 02-1-
2-2)
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An e-mail communication from Kevin Murphy, dated April 22, 2002, re
the location of a drive-thru ice cream business in Detroit on eastbound Grand River,
east of Seven Mile Road, relative to a proposed waiver use petition to add a drive-thru
window to Ritter's Frozen Custard at 31195 Eight Mile Road, was received and placed
on file for the information of the Council (Petition 02-1-2-2)
On a motion by Taylor, seconded by Brosnan, it was
CR 232-02 RESOLVED, that having considered a communication from
the City Planning Commission, dated March 28, 2002, which transmits its
resolution 03-49-2002, adopted on March 26, 2002, with regard to Petition
02-1-2-2, submitted by Brent A. Goings, on behalf of Merri-Eight Land LLC
d/b/a Ritter's Frozen Custard, requesting waiver use approval to add a
drive-thru window to Ritter's Frozen Custard on property located at 31195
Eight Mile Road, on the south side of Eight Mile Road between Merriman
Road and Milburn Avenue in the Northwest 1/4 of Section 2, which
property is zoned C-2, the Council does hereby concur in the
recommendation made by the City Planning Commission and Petition 02-
1-2-2 is hereby approved and granted, subject to the following conditions
1 That the site plan, marked Sheet 1 of Job No 00-11-28, prepared
by Basney and Smith, Inc , with a revision date of March 25, 2002,
is hereby approved and shall be adhered to,
2 That one (1) menu order board sign is approved which shall not
exceed 30 square feet of total sign area,
3 That the drive-up window shall be as portrayed on sheets marked
Attachment #3 and Attachment #4, submitted by Ritter's Frozen
Custard, dated January 25, 2002,
4 That additional directional signage indicating the pedestrian route to
the required handicapped restroom shall be installed as
recommended in the letter dated February 7, 2002 from the
Inspection Department;
5 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;
6 That stone or some other type of decorative landscape material
shall be provided in the traffic island located just south of where the
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drive-up window lane connects to the drive aisle east of the
building, such landscaping to be approved by the Planning Director;
and
7 That the two parking spaces located immediately north of the drive-
thru lane be eliminated and replaced with landscaping, such
landscaping to be approved by the Planning Director
A roll call vote was taken on the foregoing resolution with the following result:
AYES Taylor, Laura, Brosnan and Engebretson
NAYS Dolan, Knapp and Vandersloot
The President declared the resolution duly adopted
The petitioner stated that he would not pursue a drive-thru window
because it would not be feasible to operate such with the above-mentioned condition of
eliminating parking spaces and addition of landscaping, therefore,
On a motion by Laura, seconded by Taylor, it was
RESOLVED, that having considered a communication from
the City Planning Commission, dated March 28, 2002, which transmits its
resolution 03-49-2002, adopted on March 26, 2002, with regard to Petition
02-1-2-2, submitted by Brent A. Goings, on behalf of Merri-Eight Land LLC
d/b/a Ritter's Frozen Custard, requesting waiver use approval to add a
drive-thru window to Ritter's Frozen Custard on property located at 31195
Eight Mile Road, on the south side of Eight Mile Road between Merriman
Road and Milburn Avenue in the Northwest 1/4 of Section 2, which
property is zoned C-2, the Council does hereby deny this petition
City Attorney Kavanagh stated that the approved resolution would have to be rescinded
first before a denying motion could be made
Councilmember Laura withdrew his motion and Councilmember Taylor withdrew his
support for the above denying resolution Councilmember Taylor remarked that the
approving resolution would only be effective if it was used to pursue the proposed
addition, so a denying resolution was not necessary
Bob Stockton, 17330 Fairfield, Livonia, 48152, inquired as to the number
of homes to be built relative to a petition by Michael Soave to build single family cluster
homes at 32405 Seven Mile Road (Petition 01-11-2-26)
Mr Sekulich, 18816 Mayfield, Livonia, 48152 stated that a T-shaped road
mentioned by the developer would end up leading nowhere and stated his opposition to
33530
a petition by Michael Soave to build single family cluster homes at 32405 Seven Mile
Road (Petition 01-11-2-26)
Gary Jennings, 18150 Fairfield, Livonia, 48152 stated he wanted to see
wise long-term development to be utilized around Rotary Park.
Suzanne Maclnerny, 19020 Mayfield, Livonia, 48152, stated her concern
regarding the possibility of a forest fire in the nature preserve portion of Rotary Park, but
wanted to have it remain a nature preserve
On a motion by Dolan, seconded by Taylor, it was
CR 233-02 RESOLVED, that having considered a communication from
the City Planning Commission, dated February 4, 2002, which sets forth
its resolution 01-14-2002 adopted on January 29, 2002, with regard to
Petition 01-11-2-26, submitted by Michael Soave requesting waiver use
approval to develop single family cluster homes at 32405 Seven Mile
Road, south of Seven Mile Road, east of Brookfield in the Northwest 1/4 of
Section 10, which property is zoned R-3, and the Council having
conducted a public hearing with regard to this matter on March 25, 2002,
pursuant to Council Resolution 111-02, the Council does hereby reject the
recommendation of the City Planning Commission and said Petition 01-
11-2-26 is hereby approved and granted
A roll call vote was taken on the foregoing resolution with the following result:
AYES Dolan, Taylor, Laura, Brosnan, Knapp and Engebretson
NAYS Vandersloot
The President declared the resolution duly adopted
A communication from the Department of Assessment, dated April 17,
2002, re revised assessment roll for the proposed Special Assessment on Stamford
Avenue from Schoolcraft Avenue to 1,050 feet north, was received and placed on file
for the information of the Council
A communication from Denise Knobblock, 14150 Stamford Street, Livonia,
48154, dated April 15, 2002, re asking for a postponement on the Stamford Street
33531
Special Assessment until after the proposed millage for road improvement is voted on in
August, 2002, was received and placed on file for the information of the Council
fikw
Brian Foresta, 14163 Stamford, Livonia, 48154, asked if the contractor
that won the bid for the paving project on Stamford Avenue would be willing to extend
the bid price given in 2002 until 2003
On a motion by Taylor, seconded by Dolan, and unanimously adopted, it
was
CR 234-02 RESOLVED, that having considered the report and
recommendation of the City Assessor, dated April 17, 2002, approved for
submission by the Mayor, regarding the proposed special assessment for
Stamford Avenue from Schoolcraft Avenue to 1,050 feet North, the
Council does hereby refer this item to the Streets, Roads and Plats
Committee for its report and recommendation
A communication from the Engineering Division, dated April 16, 2002, to
which is attached a letter from Hayball Transport Inc , re Hayball holding the price bid
in the spring of 2002 until the spring of 2003, if necessary, relative to the Stamford
Avenue Street Special Assessment, was received and placed on file for the information
of the Council
On a motion by Taylor, seconded by Dolan, and unanimously adopted, it
was
CR 235-02 RESOLVED, that having considered the report and
recommendation of the Director of Public Works and the City Engineer,
dated February 7, 2002, which bears the signature of the Director of
Finance and is approved for submission by the Mayor, the Council does
hereby refer the award of contract bid from Hayball Transport, Inc , 12550
Farmington Road, Livonia, Michigan 48150, for completing all work
required in connection with the Stamford Avenue Street Improvement
Project (Contract 02-A) for the estimated total cost of $175,527 00 to the
Streets, Roads and Plats Committee for a report and recommendation
A communication from Planning, dated April 15, 2002, re history of the
number of use variance petitions considered by the Zoning Board of Appeals over the
33532
past couple years, that number being six, was received and placed on file for the
information of the Council (Petition 01-12-1-13)
On a motion by Brosnan, seconded by Dolan, and unanimously adopted, it
was
CR 236-02 RESOLVED, that having considered a communication from
the City Planning Commission, dated January 31, 2002, which sets forth
its resolution 01-11-2002 adopted on January 29, 2002, with regard to
Petition 01-12-1-13, submitted by Mark Bak for a change of zoning of
property located on the south side of Eight Mile Road between Meadow
View Lane and Hickory Lane, in the Northwest 1/4 of Section 6, from RUF
to OS, and the Council having conducted a public hearing with regard to
this matter on April 8, 2002, pursuant to Council Resolution 109-02, the
Council does hereby concur in the recommendation of the Planning
Commission and the said Petition 01-12-1-13 is hereby denied for the
following reasons
1 That the proposed change of zoning would constitute spot zoning,
L
2 That the proposed change of zoning will be incompatible to and not
in harmony with the surrounding zoning in the area,
3 That the proposed change of zoning will encourage future requests
for similar zoning changes along the south side of Eight Mile Road
in this area, and
4 That the proposed change of zoning is contrary to the Future Land
Use Plan which recommends retention of low density residential
use for the area
On a motion by Brosnan, seconded by Laura, and unanimously adopted, it
was
CR 237-02 RESOLVED, the Council does hereby refer the question of
the preparation of a handout about the correct procedures for rezoning
and waiver use requests to the Administration for its report and
recommendation
On a motion by Vandersloot, seconded by Brosnan, and unanimously
L adopted, it was
33533
CR 238-02 WHEREAS, in 1872, J Sterling Morton proposed
to the Nebraska Board of Agriculture that a special day be set aside for
the planting of trees, and
WHEREAS, this holiday, called Arbor Day, was first observed with the
planting of more than a million trees in Nebraska, and Arbor Day is now
observed throughout the nation and the world, and
WHEREAS, trees reduce the erosion of our precious topsoil by wind and
water, cut heating and cooling costs, moderate the temperature, clean the
air, produce oxygen and provide habitat for wildlife, and
WHEREAS, trees are a renewable resource giving up paper, wood for our
homes, fuel for our fires, and countless other wood products, and
WHEREAS, trees in our City increase property values, enhance the
economic vitality of business areas, and beautify our community; and
WHEREAS, trees, wherever they are planted, are a source of joy and
spiritual renewal, and
WHEREAS, Livonia has been recognized as a Tree City USA by The
National Arbor Day Foundation for the last three years and desires to
continue its tree-planting practices
NOW, THEREFORE, BE IT RESOLVED, that the Mayor and members of
the City Council of the City of Livonia hereby proclaim Friday, April 26,
2002, as Arbor Day in the City of Livonia, and urge all citizens to celebrate
Arbor Day and to support efforts to protect our trees and woodlands, and
FURTHER, we urge all citizens to plant trees to promote the well being of
this and future generations, and we invite citizens to join in the
commemoration of Arbor Day planned by the Tree City Committee at
Livonia Jaycee Park adjacent to Tyler Elementary School at 2 30 p m on
Thursday, April 25, 2002
BE IT FURTHER RESOLVED, that copies of this resolution be sent to
Governor John Engler, State Senator Thaddeus McCotter, State
Representative Laura M Toy, State Representative John C Stewart, the
Michigan Municipal League State and Federal Affairs Division, the
Conference of Western Wayne and the Plymouth Road Development
Authority
On a motion by Taylor, seconded by Brosnan, and unanimously adopted,
this 1,463rd Regular Meeting of the Council of the City of Livonia was adjourned at
9 55 p m , April 24, 2002
Z
7 )7e
Joan McCotter, City Clerk