HomeMy WebLinkAboutCOUNCIL MINUTES 2003-08-11 34192
MINUTES OF THE ONE THOUSAND FOUR HUNDRED NINETY-FOURTH
REGULAR MEETING OF AUGUST 11, 2003
On August 11, 2003, the above meeting was held at the City Hall, 33000
Civic Center Drive, Livonia, Michigan, and was called to order by the President of the
Council at 8 00 p m Council Vice-President Knapp delivered the invocation
Roll was called with the following result Donald Knapp, Val Vandersloot,
Linda Dolan, Gerald Taylor, Joe Laura, Maureen Miller Brosnan and Jack Engebretson
Absent: None
Elected and appointed officials present: Robert Schron, City Engineer;
Mark Taormina, City Planner; Sean Kavanagh, City Attorney and Joan McCotter, City
Clerk.
On a motion by Brosnan, seconded by Taylor, and unanimously
adopted, it was
CR 382-03 RESOLVED, that the minutes of the 1,493rd Regular Meeting
of the Council held July 21, 2003 are hereby approved as submitted
During the audience communication portion of the agenda,
Councilmember Brosnan offered congratulations to her one-year old daughter Ellie who
began walking, and to her eight-year old daughter Marie who participated in her first
horse competition and was awarded first place
A communication from the Department of Finance, dated July 21, 2003,
re forwarding various financial statements of the City of Livonia for the month ending
June 30, 2003, was received and placed on file for the information of the Council
On a motion by Taylor, seconded by Brosnan, it was
CR 383-03 RESOLVED, that having considered a letter from Stacie
Pettit, dated July 21, 2003, wherein it is requested that Council Resolution
321-03 be amended to revise the date of the block party from July 26,
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Regular Meeting of August 11, 2003
2003 to August 23, 2003, the Council does hereby amend and revise
Council Resolution 321-03 so as to read as follows
RESOLVED, that having considered an application from
Stacie Pettit, 8937 Louisiana, dated May 19, 2003,
requesting permission to close Louisiana between Oregon
and Kentucky on Saturday, August 23, 2003, from 1 00 p m
to 10 00 p m for the purpose of conducting a block party, the
Council does hereby grant permission as requested, the
action taken herein being made subject to the approval of
the Police Department.
CR 384-03 RESOLVED, that having considered an application from Ken
Harb, 16788 Westbrook, dated July 8, 2003, requesting permission to
close Westbrook, between Whitcomb and Mallory on Friday, August 22,
2003, from 5 00 p m to 10 00 p m for the purpose of conducting a block
party, the Council does hereby grant permission as requested, including
therein permission to conduct the said affair on Sunday, August 24, 2003,
from 1.00 p m to 10 00 p m in the event of inclement weather, the action
taken herein being made subject to the approval of the Police Department.
CR 385-03 RESOLVED, that having considered an application from
Kevin McCarthy, 9621 Hubbard, dated July 3, 2003, requesting
permission to close Hubbard Street from the north end of Rosedale
Presbyterian Church to the south side of Kleinert Park (9607 to 9621
Hubbard) on Saturday, August 16, 2003, from 12 00 noon to 10 00 p m
for the purpose of conducting a block party, the Council does hereby grant
permission as requested, the action taken herein being made subject to
the approval of the Police Department.
CR 386-03 RESOLVED, that having considered an application from
Gregory Panaretos, 9251 Stonehouse, dated July 10, 2003, requesting
permission to close Stonehouse between Minton and Northfield on
Saturday, August 23, 2003, from 12 00 noon to 1000 p m for the purpose
of conducting a block party, the Council does hereby grant permission as
requested, the action taken herein being made subject to the approval of
the Police Department.
CR 387-03 RESOLVED, that having considered an application from
Raymond Sochalski, 34180 Parkdale, dated July 14, 2003, requesting
permission to close Parkdale Court, off of Parkdale Avenue on Saturday,
August 16, 2003, from 3 00 p m to 10 00 p m for the purpose of
conducting a block party, the Council does hereby grant permission as
requested, including therein permission to conduct the said affair on
Saturday, August 23, 2003, in the event of inclement weather, the action
taken herein being made subject to the approval of the Police Department.
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Regular Meeting of August 11, 2003
CR 388-03 RESOLVED, that having considered a letter from Kevin M
Priddy, representing the Livonia Jaycees, dated July 9, 2003, which
requests permission to display 18 signs announcing the Livonia Jaycees
Annual Haunted House, which signs are to be 24" x 36" in size and which
will be displayed at various locations in the City from Thursday, October 2,
2003 and removed no later than Saturday, November 1, 2003, the Council
does hereby grant and approve this request in the manner and form
herein submitted
CR 389-03 RESOLVED, that having considered a letter from Joseph
Trupiano, President, J J Development Inc., dated July 10, 2003,
requesting elimination of the sidewalk requirement in front of the new
residence located at 37700 St. Martins in the Southeast 1/4 of Section 6,
and having further considered the report and recommendation of the City
Engineer, dated July 22, 2003, 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 390-03 RESOLVED, that having considered a communication from
the City Assessor, dated July 8, 2003, approved for submission by the
Mayor, with regard to a request from Leo Soave, 20592 Chestnut Circle,
Livonia, Michigan 48152, and in accordance with the provisions of 1967
PA 288, as amended, as well as Section 18 46 of Ordinance 543, as
amended, the Council does hereby approve of the proposed division of
Tax Item No 46-093-99-0028-000 into two (2) parcels, the legal
descriptions of which shall read as follows
PARCEL A
Part of the Northeast 1/4 Section 24, T 1 S , R 9 E , City of Livonia,
Wayne County Michigan Commencing at the Northeast corner of
said Section 24, Thence S 89°49'00" W 688 00 feet along the
North line of said Section 24, Thence S 00°19'30" E , 1790 06 feet;
thence Southerly 215 74 feet along the arc of a 1272 52 foot radius
curve to the left, the chord of which bears S 05° 10'55" E 215 48
feet to the point of beginning, thence Southerly 69 19 feet along the
arc of a 1272 52 foot radius curve to the left, the chord of which
bears S 11°34'44" E 69 18 feet; thence S 76°02'30" W 22 87
feet; thence Westerly 31 25 feet along the arc of a 130 00 foot
radius curve to the right, the chord of which bears S 82°55'45" W
31 18 feet; thence S 89°49'00" W 26 76 feet; thence S 00°11'00"
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Regular Meeting of August 11, 2003
E 120 00 feet to the North line of Western Golf Estates as recorded
in Liber 105 of Plats, Pages 9 through 12, Wayne County Records,
thence S 89°49'00" W 479 40 feet along said North line, thence N
00°19'30" W 197 00 feet along the East line of said Western Golf
Estates, thence N 89°49'00" E 54614 feet to the point of
beginning
Containing 2.295 Acres
PARCEL B
Part of the Northeast 1/4 Section 24, T 1 S , R 9 E , City of Livonia,
Wayne County Michigan Commencing at the Northeast corner of
said Section 24, Thence S 89°49'00" W 688 00 feet along the
North line of said Section 24, Thence S 00°19'30" E , 1790 06 feet;
thence Southerly 215 74 feet along the arc of a 1272 52 foot radius
curve to the left, the chord of which bears S 05° 10'55" E 215 48
feet; thence Southerly 69 19 feet along the arc of a 1272 52 foot
radius curve to the left, the chord of which bears S 11°34'44" E
69 18 feet to the point of beginning, thence Southerly 18 26 feet
along the arc of a 1272 52 foot radius curve to the left, the chord of
which bears S 13°32'50" E 18 26 feet; thence S 13°57'30" E
96 06 feet to the North line of Western Golf Estates as recorded in
Liber 105 of Plats, Pages 9 through 12, Wayne County Records,
thence Southwesterly 29 63 feet along the arc of a 1382 00 foot
radius curve to the left, the chord of which bears S 74°10'59" W
29 63 feet along said North line, thence S 00°19'30" E 10 14 feet
along said Western Golf Estates, thence S 89°40'00" W 78 50 feet
along said North line, thence N 00°11'00" W 120 00 feet; thence
N 89°49'00" E 26 76 feet, thence Easterly 31.25 feet along the arc
of a 130 00 foot radius curve to the left, the chord of which bears N
82°55'45" E 31 18 feet; thence N 76°02'30" E 22 87 feet to the
point of beginning
Containing 0.261 Acres
as shown on the map attached to the aforesaid communication which is
made a part hereof by reference, and the City Clerk is hereby requested to
cause a certified copy of this resolution to be recorded in the Office of the
Wayne County Register of Deeds, PROVIDED, HOWEVER, that until a
street is constructed immediately north of the property or 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
CR 391-03 RESOLVED, that having considered a communication from
the City Assessor, dated July 8, 2003, approved for submission by the
Mayor, with regard to a request from Sam Baki, 19321 Newburgh Road,
Livonia, Michigan 48152, representing 33680 Five Mile Rd LLC, 20412
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Regular Meeting of August 11, 2003
Farmington Road, Livonia, Michigan 48152 and Robert Wyman, 20321
Shadyside, Livonia, Michigan 48152, and in accordance with the
provisions of 1967 PA 288, as amended, as well as Section 18 46 of
Ordinance 543, as amended, the Council does hereby approve of the
proposed division and combination of Tax Item Nos 46-010-01-0008-002
and 46-010-99-0001-000 into three (3) parcels, the legal descriptions of
which shall read as follows
PARCEL A
Lot 8, the South 16 feet of Lot 9, the West 90 feet of Lot 19 and the
North 15 feet of the east 345 60 feet of Lot 19, except therefrom the
West 27 feet of Lots 8 and 9 for highway purposes, Folker's
Farmington Acres, being a subdivision of part of the N W 1/4 of
Section 3, T1 S , R 9 E , Livonia Twp (now City of Livonia),
Wayne County, Michigan, as recorded in Liber 61 of Plats, Page 90
of Wayne County Records Also beginning at a point distant due
South 533 96 feet and N89°59'00" E 302 70 feet from the
Northwest corner of Section 3, thence N 89°59'00" E 104 40 feet;
thence S 00°04'30" E 79 99 feet; thence S 89°59'05" W 104 39
feet; thence N 00°04'03" W 80 00 feet to the point of beginning
The overall parcel containing 1 18054 acres more or less Subject
to restrictions, easements, and rights of way, recorded or other, if
any
PARCEL B
Land in the City of Livonia, Wayne County, Michigan, described as
Part of the Northwest '/ of Section 3, Town 1 South, Range 9 East,
described as beginning at a point distant due South 533 96 feet and
N 89°59'00" E 407 10 feet from the Northwest corner of Section 3,
thence N 89°59'00" E 345 60 feet; thence S 00°04'30" E along
the westerly R 0 W of Shadyside Rd (60 foot wide) 69 58 feet;
thence S 89°59'05" W 239 99 feet, thence S 00°04'03" E 10 42
feet; thence S 89°59'05" W 105 61 feet; thence N 00°04'30" W
79 99 feet to the point of beginning containing 0 57726 acres more
or less Subject to restrictions, easements, and rights of way,
recorded or other, if any
PARCEL C
Land in the City of Livonia, Wayne County, Michigan, described as
Part of the Northwest '/ of Section 3, Town 1 South, Range 9 East,
described as beginning at a point distant due south 533 96 feet and
N 89°59'00" E 512 72 feet, and S 00°04'03" E 69 57 feet from the
Northwest corner of Section 3, thence N 89°59'05" E 239 99 feet;
thence S 00°04'30" E along the Westerly R.O W of Shadyside Rd
(60 foot wide) 80 00 feet; thence S 89°59'05" W 240 00 feet;
thence N 00° 04'03" W 80 00 feet to the point of beginning,
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Regular Meeting of August 11, 2003
containing 0 44076 acres more or less Subject to restrictions,
easements, and rights of way, recorded or other, if any
as shown on the map attached to the aforesaid communication which is
made a part hereof by reference, and the City Clerk is hereby requested to
cause a certified copy of this resolution to be recorded in the Office of the
Wayne County Register of Deeds, PROVIDED, HOWEVER, that until a
variance is granted by the Zoning Board of Appeals as to every
nonconforming lot resulting from such split, none of said lots may be sold,
leased or transferred
CR 392-03 RESOLVED, that having considered the report and
recommendation of the Acting Chief of Police, dated July 9, 2003, which
bears the signature of the Finance Director and is approved for
submission by the Mayor, the Council does hereby authorize the purchase
of Motorola radio equipment consisting of two mobile radios, 12 portable
radios and miscellaneous accessories, from Motorola, Incorporated, dba/
Motorola Communications & Electronics, Inc., 1303 E Algonquin Road,
Schaumburg, Illinois 60196, for a total cost not to exceed $65,000 00, the
same to be appropriated and expended from the Unexpended Fund
Balance of the Federal Portion of the Adjudicated Forfeiture Fund
(Account No 265-334-987-000) 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 and such action is taken in accordance with the provisions set
forth in Section 3 04 140D 4 of the Livonia Code of Ordinances, as
amended, FURTHER, the Council does hereby authorize the addition of
these new radios to the pre-existing User Agreement between the City of
Livonia and the State of Michigan Public Safety Communication System
previously approved pursuant to Council Resolution No 413-02
CR 393-03 RESOLVED, that having considered the report and
recommendation of the Director of Public Works and the City Engineer,
dated July 8, 2003, which bears the signature of the Director of Finance
and is approved for submission by the Mayor, the Council does hereby
authorize Hard Rock Concrete, Inc , 38146 Abruzzi Drive, Westland,
Michigan 48185, to perform all work necessary to repair three locations on
Newburgh Road pavement in the vicinity of Churchill High School for a
total cost not to exceed $20,152 00, the same to be appropriated and
expended from the Michigan Transportation Fund (Major Road Account)
for this purpose, FURTHER, the Council does hereby authorize the said
work without competitive bidding for the reasons indicated in the aforesaid
communication, and such action is taken in accordance Section 3 04 140
D 1 of the Livonia Code of Ordinances, as amended, FURTHER, the
Council does hereby authorize such work to be added to the 2003
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Regular Meeting of August 11, 2003
Sidewalk Repair Program (such contract having been previously awarded
to Hard Rock Concrete Inc pursuant to Council Resolution No 104-03)
CR 394-03 WHEREAS, the City of Livonia has received a request from
NuCon Corporation, dated July 15, 2003, proposing the establishment of
an industrial development district; and
WHEREAS, pursuant to Act 198 of the Public Acts of 1974, as amended,
this Council has authority to establish industrial development districts
within the boundaries of the City of Livonia, and
WHEREAS, there is located within the boundaries of the City of Livonia an
area of approximately 1 94 acres lying in the North 1/2 of Section 28 as
more particularly described in the attachment to the application which is
hereby incorporated by reference and which is hereinafter referred to as
"Proposed City of Livonia Industrial Development District No 91",
NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF LIVONIA, as
follows
1 The City Clerk is directed to give written notice by certified mail of
this action to all owners of real property within the boundaries of
Proposed City of Livonia Industrial Development District No 91
2 This City Council sets Monday, September 15, 2003, at 7 00 p m
at the Livonia City Hall, 33000 Civic Center Drive, Livonia,
Michigan, as the date for the holding of a public hearing on the
question of whether this City Council should establish the Industrial
Development District described above
3 This City Council directs the City Clerk to provide notice, as
required by law, of the public hearing fixed above, so that all
residents or taxpayers of the City of Livonia shall be afforded an
opportunity to be heard on the question of establishing the
Industrial Development District described above
CR 395-03 RESOLVED, that in accordance with the provisions set forth
in Section 4 of Act 207 of the Public Acts of Michigan of 1921, as
amended, the City Zoning Act (MSA 5 2934, MCLA 125 584), as well as
Article XXIII of Ordinance 543, as amended, the Zoning Ordinance of the
City of Livonia, the Council does hereby determine that a public hearing
will take place before the City Council of the City of Livonia on Monday,
September 29, 20'03, at 7 00 p m at the City Hall, 33000 Civic Center
Drive, Livonia, Michigan, with respect to the following item
Petition 2003-01-06-01 submitted by the City Planning
Commission, pursuant to Council Resolution 235-03 and
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Regular Meeting of August 11, 2003
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 Section 19 06(f) of
Article XIX of the Zoning Ordinance in order to give the City
Council more flexibility with respect to waiver use
requirements, the City Planning Commission in its resolution
07-109-2003 having recommended to the City Council that
Petition 2003-01-06-01 be approved,
FURTHER, the City Clerk is hereby requested to, no less than fifteen (15)
days prior to the aforesaid date of said public hearing, cause to have a
statement indicating the (a) nature of the proposed amendments to the
Zoning Ordinance, and/or (b) location of the proposed changes of zoning
as set forth above, first to be published in the official newspaper of the City
or a newspaper of general circulation in the City of Livonia as well as to,
not less than fifteen (15) days prior to said public hearing, cause to have
notice to be given by certified mail to each public utility company and to
each railroad company owning or operating any public utility or railroad
within the districts or zones affected, and further, the City Clerk is
requested to do all other things necessary or incidental to the full
performance of this resolution
CR 396-03 RESOLVED, that in accordance with the provisions set forth
in Section 4 of Act 207 of the Public Acts of Michigan of 1921, as
amended, the City Zoning Act (MSA 5 2934, MCLA 125 584), as well as
Article XXIII of Ordinance 543, as amended, the Zoning Ordinance of the
City of Livonia, the Council does hereby determine that a public hearing
will take place before the City Council of the City of Livonia on Monday,
October 6, 2003, at 7 00 p m at the City Hall, 33000 Civic Center Drive,
Livonia, Michigan, with respect to the following item
Petition 2003-05-06-03 submitted by the City Planning
Commission, pursuant to Council Resolution 236-03 and
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 Section 23 05 of Article
XXIII of the Zoning Ordinance in order to modify signage
requirements for public notification of properties proposed to
be rezoned, the City Planning Commission in its resolution
07-110-2003 having recommended to the City Council that
Petition 2003-05-06-03 be denied,
FURTHER, the City Clerk is hereby requested to, no less than fifteen (15)
days prior to the aforesaid date of said public hearing, cause to have a
statement indicating the (a) nature of the proposed amendments to the
Zoning Ordinance, and/or (b) location of the proposed changes of zoning
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Regular Meeting of August 11, 2003
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 Knapp, Vandersloot, Dolan, Taylor, Laura, Brosnan and
Engebretson
NAYS None
On a motion by Laura, seconded by Dolan, it was
RESOLVED, that having considered the report and
recommendation of the Committee of the Whole, dated July 15, 2003,
submitted in connection with Council Resolution 211-03, with regard to a
communication from Sam Kallabat, on behalf of Livonia Beer & Wine
Shoppe, dated February 12, 2003, which in accordance with the
provisions of Section 19 08 of Ordinance 543, as amended, the Zoning
Ordinance, takes an appeal from a determination made on February 11,
2003 by the City Planning Commission in its resolution 02-23-2003 with
regard to Petition 2002-12-02-27, submitted by Nasrat Kallabat, on behalf
of Livonia Beer & Wine Shoppe, requesting waiver use approval to utilize
an S D D license in connection with an existing beer and wine shop
located on the Northeast corner of Joy and Hix Roads in the Southeast 1/4
of Section 31, which property is zoned C-2, and the Council having held a
public hearing with regard to this matter on April 14, 2003, the Council
does hereby reject the recommendation of the Planning Commission and
Petition 2002-12-02-27 is hereby approved and granted
Councilmember Laura withdrew his motion on the foregoing resolution Councilmember
Dolan withdrew her support on the foregoing resolution At the direction of the Chair, it
was decided that this issue would be moved to the next Regular Meeting of August 27,
2003
Mary Kallabat, 38340 Joy Road, Livonia, 48150, was present at the meeting to answer
questions of the Council
A communication from the Department of Law, dated July 10, 2003, -
Administrative Response - re addressing the subject matter of whether public hearings
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Regular Meeting of August 11, 2003
are required by State Law as part of the rezoning process, and two possible solutions
regarding this matter, was received and placed on file for the information of the Council
(CR 271-03)
A communication from the Planning Commission, dated July 7, 2003, -
Administrative Response — re the public hearing process used by other communities
and the length of time required to complete the process, was received and placed on file
for the information of the Council (CR 269-03)
A communication from the Department of Management Information
Systems, dated July 8, 2003, - Administrative Response — re the opinion that creating
interactive maps to tie City Council and Planning Commission agendas is not feasible
because of added cost and manpower, and the suggestion to utilize the new electronic
newsletter capability that is part of the City's website, was received and placed on file
for the information of the Council (CR 270-03)
On a motion by Brosnan, seconded by Knapp, and unanimously adopted,
it was
CR 397-03 RESOLVED, that having considered the report and
recommendation of the Legislative Committee, dated July 16, 2003,
submitted pursuant to Council Resolution 440-00, with regard to the public
hearing process, the Council does hereby determine that the Council
office staff will establish public hearing dates and send notices to the
appropriate departments in lieu of the current practice of the City Council
establishing public hearing dates at regular meetings, FURTHER, the
Council does hereby determine that the Council President will announce
public hearing dates at the beginning of televised Council meetings
On a motion by Brosnan, seconded by Knapp, and unanimously adopted,
it was
CR 398-03 RESOLVED, that having considered the report and
recommendation of the Legislative Committee, dated July 16, 2003,
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Regular Meeting of August 11, 2003
submitted pursuant to Council Resolution 440-00, with regard to the public
hearing process, the Council does hereby request that the Department of
Law prepare ordinances following the public hearing for submission to
Council if an approving resolution has been requested
On a motion by Brosnan, seconded by Knapp, and unanimously adopted,
it was.
CR 399-03 RESOLVED, that having considered the report and
recommendation of the Legislative Committee, dated July 16, 2003,
submitted pursuant to Council Resolution 440-00, with regard to the public
hearing process, the Council does hereby refer the subject of how the
public hearing process originated and any possible recommendations for
changes that need to be made to the Department of Law for its report and
recommendation
On a motion by Brosnan, seconded by Knapp, and unanimously adopted,
it was
CR 400-03 RESOLVED, that having considered the report and
recommendation of the Legislative Committee, dated July 16, 2003,
submitted pursuant to Council Resolution 440-00, with regard to the public
hearing process, the Council does hereby refer the question of whether
electronic newsletter capabilities can be used to inform residents on land
use matters (zoning, variances, site plan, etc ), including issues such as
timeline, information to be distributed, and staff to implement, to the
Administration for its report and recommendation
On a motion by Brosnan, seconded by Laura, and unanimously adopted, it
was
CR 401-03 RESOLVED, that having considered the report and
recommendation of the Legislative Committee, dated July 16, 2003,
submitted pursuant to Council Resolution 492-00, with regard to the
question of whether the Planning Commission or the Zoning Board of
Appeals should be the first body to consider site plan petitions and
requests for approval of signage, 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.
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Regular Meeting of August 11, 2003
CR 402-03 RESOLVED, that having considered the report and
recommendation of the Legislative Committee, dated July 16, 2003,
submitted pursuant to Council Resolution 558-02, with regard to the
subject of the possibility of eliminating use variances from consideration
by the Zoning Board of Appeals, the Council does hereby determine to
take no further action with regard to this matter
A communication from the Engineering Division, dated July 29, 2003, re
requesting a right-of-way dedication for Bethany Road relative to a proposed lot split
and combination request by Janet Watza on behalf of Donald Robinson at 37475 and
37477 Northland, was received and placed on file for the information of the Council
On a motion by Taylor, seconded by Laura, and unanimously adopted, it
was
CR 403-03 RESOLVED, that having considered a communication from
the City Assessor, dated July 8, 2003, approved for submission by the
Mayor, with regard to a request from Janet Watza, representing her father
Donald Robinson, 37475 Northland, Livonia, Michigan 48152, and in
accordance with the provisions of 1967 PA 288, as amended, as well as
Section 18 46 of Ordinance 543, as amended, the Council does hereby
approve of the proposed combination and division of Tax Item Nos 46-
024-99-0080-000 and 46-024-99-0082-000 into two (2) parcels, the legal
descriptions of which shall read as follows
PARCEL A
Part of the Southeast 1/4 Section 6, Town 1 South, Range 9 East,
City of Livonia, Wayne County, Michigan, described as
Commencing at the Southeast corner of Section 6, Town 1 South,
Range 9 East; thence along the East line of Section 6 and the
centerline of Newburgh Road, North 00°00'17" West 1130 00 feet;
thence parallel with the South line of Section 6 and along the
centerline of Northland Road, South 89°45'38" West 167 50 feet to
the Point of Beginning, thence South 00°00'17" East 123 81 feet,
thence South 89°45'38" West 167 50 feet; thence along the
centerline of Bethany Road, North 00°00'17" West 123 81 feet;
thence along the centerline of Northland Road, North 89°45'38"
East 167 50 feet to the Point of Beginning Contains 0 476 acres
Subject to the rights of the public and of any governmental unit in
any part thereof used, taken or deeded for street, road or highway
purposes Subject to easements and restrictions of record
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Regular Meeting of August 11, 2003
PARCEL B
Part of the Southeast 1/4 of Section 6, Town 1 South, Range 9 East,
City of Livonia, Wayne County, Michigan, described as Commencing
at the Southeast corner of Section 6, Town 1 South, Range 9 East;
thence along the East line of Section 6 and the centerline of Newburgh
Road, North 00°00'17" West 853 34 feet; thence parallel with the South
line of Section 6, South 89°45'38" West 167 50 feet to the point of
beginning, thence continuing along said line, South 89°45'38" West
167 50 feet; thence along the centerline of Bethany Road, North
00°00'17" West 152 85 feet; thence North 89°45'38" East 167 50 feet;
thence South 00°00'17" East 152 85 feet to the point of beginning
Contains 0 588 acres Subject to the rights of the public and of any
governmental unit in any part thereof used, taken or deeded for street,
road, or highway purposes Subject to easements and restrictions of
record
as shown on the map attached to the aforesaid communication which is
made a part hereof by reference, and the City Clerk is hereby requested to
cause a certified copy of this resolution to be recorded in the Office of the
Wayne County Register of Deeds, 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 FURTHER PROVIDED that this approval is
contingent upon the petitioner executing a quit claim deed to the City of
Livonia dedicating the 25 foot Bethany Road right-of-way to the City
On a motion by Taylor, seconded by Brosnan, and unanimously adopted,
it was
CR 404-03 RESOLVED, that having considered a communication from
the City Assessor, dated July 8, 2003, approved for submission by the
Mayor, with regard to a request from Frank March, 24000 Currier,
Dearborn Heights, Michigan 48127, and in accordance with the provisions
of 1967 PA 288, as amended, as well as Section 18 46 of Ordinance 543,
as amended, the Council does hereby approve of the proposed
combination of Tax Item Nos 46-011-01-0051-001 and 46-011-01-0052-
001 into one (1) parcel, the legal descriptions of which shall read as
follows
Lots 51 and 52 exc W 17 ft. thereof; also W 1/2 adj vac alley
Westmore Sub T 1S R 9E Liber 48, Page 85, Wayne County
Records
as shown on the map attached to the aforesaid communication which is
made a part hereof by reference, and the City Clerk is hereby requested to
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Regular Meeting of August 11, 2003
cause a certified copy of this resolution to be recorded in the Office of the
Wayne County Register of Deeds, PROVIDED, HOWEVER, that until a
variance is granted by the Zoning Board of Appeals as to every
nonconforming lot resulting from such split, none of said lots may be sold,
leased or transferred
At the direction of the Chair, Item #17 was moved to the next Regular Meeting of August
27, 2003 (Petition 2003-05-08-12 submitted by Leo Soave, on behalf of Cavell Woods
Site Condominiums)
A communication from the Engineering Division, dated August 7, 2003, re
the revised easement for the Ardmore detention basin relative to the Springbrook
Meadows Condominium Development, was received and placed on file for the
information of the Council (Pet. 2001-01-08-09 and Pet. 2002-06-01-08)
A communication from the Planning Department, dated July 31, 2003, re
landscape plans for 2 storm water detention basins relative to the Springbrook
Meadows Condominium Development, was received and placed on file for the
information of the Council (Pet. 2001-01-08-09 and Pet. 2002-06-01-08)
On a motion by Brosnan, seconded by Taylor, and unanimously adopted,
it was
CR 405-03 RESOLVED, that having considered a communication from
the Department of Law, dated July 14, 2003, approved for submission by
the Mayor, the Council does hereby amend and revise Council Resolution
202-03 so as to read as follows
RESOLVED, that having considered the report and
recommendation of the Department of Law, dated July 14, 2003,
approved for submission by the Mayor, submitted pursuant to
Council Resolution 581-02, to which is attached a proposed
Agreement between the City of Livonia and Ardmore Development,
LLC, for the creation of stormwater detention basins on the
Ardmore property and adjoining City-owned property, the Council
does hereby approve such Agreement with a revised Exhibit C,
FURTHER, the Council does hereby authorize the Mayor and City
Clerk to execute the aforesaid Agreement, for and on behalf of the
City of Livonia, subject to approval as to form by the Department of
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Regular Meeting of August 11, 2003
Law and approval of the legal descriptions contained in the Exhibits
attached thereto by the Engineering Division, and to do all other
things necessary or incidental to the full performance of this
resolution
Bill Craig, 20050 Milburn, Livonia, 48152, spoke to Council and complimented the
City staff on the good planning involved with the detention basins (Pet. 2001-01-08-
09 and Pet. 2002-06-01-08)
Mr McCreedy, 19604 Farmington Road, Livonia, 48152, spoke to the issue of the
proposed changes to be made to the detention basins, and how it will affect his
property (Pet. 2001-01-08-09 and Pet. 2002-06-01-08)
Bruce Michael, representative from the Phoenix Land Development, was present at
the meeting to answer questions of the Council (Pet. 2001-01-08-09 and Pet. 2002-
06-01-08)
On a motion by Brosnan, seconded by Taylor, and unanimously adopted,
it was
CR 406-03 WHEREAS, the City Clerk has received an Application for
Industrial Facilities Exemption Certificate from General Motors
Corporation, GM Powertrain — Livonia Operations, dated May 12, 2003,
covering new industrial facilities to be located within City of Livonia
Industrial Development District No 2, and
WHEREAS, the City Clerk has notified in writing the Assessor of the City
of Livonia as well as the legislative body of each taxing unit which levies
ad valorem property taxes in the local governmental unit in which the
proposed facility is to be located, i e , the City of Livonia, and advised
each of them that the said Application has been received, and
WHEREAS, the City Council has afforded General Motors Corporation,
GM Powertrain — Livonia Operations, the Assessor, and a representative
of each of the affected taxing units an opportunity for a hearing on this
Application and said hearing having in fact been conducted at TOO p m ,
Wednesday, July 23, 2003, at the Livonia City Hall, 33000 Civic Center
Drive, Livonia, Michigan
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
LIVONIA AS FOLLOWS
1 That the City Council, on the basis of the information received from
the applicant, General Motors Corporation, GM Powertrain —
Livonia Operations, finds and determines (a) that the granting of
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Regular Meeting of August 11, 2003
this industrial facilities exemption certificate shall not have the effect
of substantially impeding the operation of the local governmental
unit or impairing the financial soundness of any taxing unit which
levies an ad valorem property tax in the local governmental unit in
which the facility is to be located, and (b) the applicant has fully
complied with the requirements of Section 9, Act No 198, P.A.
1974, as amended
2 That the City Council hereby approves the Application for Industrial
Facilities Exemption Certificate from General Motors Corporation,
GM Powertrain — Livonia Operations covering new industrial
facilities to be located within the City of Livonia Industrial
Development District No 2 for 12 years after a two (2) year
construction period (expiration date shall be 12/30/2017)
3 That in accordance with the requirements of Section 22, Act 198,
P.A. 1974, as amended, wherein a letter of agreement between the
applicant and the City is required in order to clarify the
understanding and the commitment between the applicant and the
City upon approval of an Industrial Facilities Exemption Certificate,
the Council hereby authorizes the Mayor and City Clerk to sign
such Letter of Agreement as duly executed by the applicant and
incorporate such Letter of Agreement as part of the documentation
required to process applications for Industrial Facilities Exemption
Certificates
On a motion by Brosnan, seconded by Knapp, and unanimously adopted,
it was
CR 407-03 RESOLVED, that having considered an application from
Christy Walch, 19762 Donna, dated July 24, 2003, requesting permission
to close Donna between Fairfax and the curve on Pembroke on Saturday,
August 30, 2003 from 1.00 p m to 10 00 p m for the purpose of
conducting a block party, the Council does hereby grant permission as
requested, including therein permission to conduct the said affair on
Sunday, August 31, 2003, in the event of inclement weather, the action
taken herein being made subject to the approval of the Police Department.
On a motion by Knapp, seconded by Brosnan, and unanimously adopted,
it was
CR 408-03 RESOLVED, that having considered an application from
Nimoza Favazza, 14052 Cranston, dated July 28, 2003, requesting
permission to close Cranston between Perth and Scone on Saturday,
lbw August 23, 2003 from 11 00 a m to 9 00 p m for the purpose of
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Regular Meeting of August 11, 2003
conducting a block party, the Council does hereby grant permission as
L requested, including therein permission to conduct the said affair on
Sunday, August 24, 2003, in the event of inclement weather, the action
taken herein being made subject to the approval of the Police Department.
On a motion by Brosnan, seconded by Dolan, and unanimously adopted,
it was
CR 409-03 RESOLVED, that having considered an application from
Patricia Carlton, 17318 Rougeway, dated July 30, 2003, requesting
permission to close Rougeway between Six Mile and Bobrich on Saturday,
August 23, 2003, from 5 00 p m to 10 00 p m for the purpose of
conducting a block party, the Council does hereby grant permission as
requested, the action taken herein being made subject to the approval of
the Police Department.
Councilmember Dolan offered "Happy Birthday" wishes to Councilmember Joe Laura,
who will celebrate his birthday on August 15
City Engineer Bob Schron invited everyone to attend the Second Annual Softball Game
between the Engineering/Public Service employees and the Parks and Recreation
L employees, which will be held on August 22 at Rotary Park, starting at 5 30 p m
City Clerk Joan McCotter offered "Happy Birthday" wishes to her son, Thaddeus, who
will celebrate his birthday on August 22
On a motion by Brosnan, seconded by Knapp, and unanimously adopted,
this 1,494th Regular Meeting of the Council of the City of Livonia was adjourned at
9 00 p m , August 11, 2003
C: - • -vt-___ IlYC. .__ _O-- 117-,c,-11_,
Jo McCotter, City Clerk �- .
1