HomeMy WebLinkAboutCOUNCIL MINUTES 2003-09-10 34250
MINUTES OF THE ONE THOUSAND FOUR HUNDRED NINETY-SIXTH
REGULAR MEETING OF SEPTEMBER 10, 2003
On September 10, 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
Mayor Kirksey introduced the Livonia Police Honor Guard, who presented
the colors as a memorial tribute for the anniversary of September 11
Mayor Kirksey introduced Patricia Hutchison, Chair of the Churchill Music
Department, along with past and present members of the Churchill High School Music
Choir, who offered several music presentations in commemoration of 9/11
Mayor Kirksey thanked Jay Young, Director of Community Services,
Livonia Public Schools, for making the arrangements for this evening's musical
presentation by the Churchill High School Music Choir
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; Sean Kavanagh, City Attorney;
Joan McCotter, City Clerk; Karen Szymula, Director of Legislative Affairs and Linda
McCann, Director of Community Resources
On a motion by Brosnan, seconded by Taylor, and unanimously adopted,
it was
CR 457-03 RESOLVED, that the minutes of the 1,495th Regular Meeting
of the Council held August 27, 2003 are hereby approved as submitted
During the audience communication portion of the agenda, Jane Soltesz,
9126 Fredrick, Livonia, Michigan, announced that over 4,000 people attended the Flea
Regular Meeting of September 10, 2003 34251
Market at Greenmead on Sunday, September 7, and the Livonia Historical Society
raised approximately $3,500 00 for the Alexander Blue House
Councilmember Laura thanked the residents of Livonia for exercising their
right to vote, thanked his supporters for all of their help during his campaign, and
congratulated both Council President Engebretson and Wayne County Commissioner
Lyn Bankes on their moving forward to the City General Election
A communication from the Department of Finance, dated August 20, 2003,
re forwarding various financial statements of the City of Livonia for the month ending
July 31, 2003, was received and placed on file for the information of the Council
A communication from the Department of Law, dated August 21, 2003, re
Fennell Corporation v Robert A. Bedzyk and Theresa D. Bedzyk, Wayne County, City of
Livonia and Bedzyk Brothers, Inc , Wayne County Circuit Court Case No 03-303721-
CH, and an Order of Dismissal in favor of the City, was received and placed on file for
the information of the Council
On a motion by Brosnan, seconded by Laura, it was
CR 458-03 RESOLVED, that having considered an application from
Paul and Donna Postula, 9353 Lathers, dated August 22, 2003,
requesting permission to close Lathers between West Chicago and
Cathedral on Saturday, October 4, 2003, from 1100 a.m 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 459-03 RESOLVED, that having considered the report and
recommendation of the Chief of Police, dated August 28, 2003, approved
for submission by the Mayor, the Council does hereby approve and
recognize the Clarenceville High School Homecoming Parade to be held
on Friday, October 17, 2003, beginning at 6 00 p m , FURTHER, the
Council does hereby approve the parade route as follows
Exit the west driveway of Botsford Elementary and travel
north on Brentwood to Pembroke, west on Pembroke to
Maplewood, north on Maplewood to Morlock, west on
Morlock to Parkville, south on Parkville to Bretton, west on
Regular Meeting of September 10, 2003 34252
Bretton to Middlebelt; and north on Middlebelt to the
Clarenceville High School athletic field,
FURTHER, the Council does hereby request that the Wayne County Road
Commission allow the City of Livonia to close the necessary roads
between the hours of 6.00 p m. and 8.00 p m or until the roads are
returned to normal traffic operation, that the City of Livonia will assume
liability for any damage claims which may arise as a result of the road
closure, as to Wayne County only; and that Sgt. Wesley McKee is hereby
designated and authorized to sign the road closure permit on behalf of the
City of Livonia
CR 460-03 RESOLVED, that having considered a letter from Lisa
Hausman, Publicity Chairperson of the Frost Middle School PTSA Craft
Show, dated August 14, 2003, which requests permission to display
approximately 66 signs announcing the craft show to be conducted on
Saturday, November 1, 2003, which signs are to be installed no earlier
than Sunday, October 26, 2003, and removed no later than Sunday,
November 2, 2003, at various locations in the City, and two signs
measuring approximately 62" x 31" to be placed at the corners of
Farmington and Lyndon and Stark and Schoolcraft no earlier than
Saturday, October 18, 2003 and removed no later than Sunday,
November 2, 2003, the Council does hereby grant and approve this
request in the manner and form herein submitted
CR 461-03 RESOLVED, that having considered a letter from Christine
Stoll, Rummage Sale Advertising Chairperson, on behalf of St. Genevieve
School, dated August 19, 2003, requesting permission to display 21 signs
announcing a rummage sale to be conducted on Friday and Saturday,
October 17 and 18, 2003, which signs shall be displayed at various
intersections of the City no earlier than Friday, October 10, 2003, and
removed no later than 5 00 p m on Sunday, October 19, 2003, the
Council does hereby grant and approve this request in the manner and
form herein submitted
CR 462-03 RESOLVED, that having considered a letter from Elizabeth
Hering, Director of Bands and Orchestra, Department Chair for Music,
Churchill High School, dated August 22, 2003, which requests permission
to display 22" x 28" signs advertising a rummage sale to be conducted on
Saturday, September 27, 2003 at Churchill High School, which signs are
to be installed no earlier than Saturday, September 20, 2003, and
removed no later than Sunday, September 28, 2003, at various locations
in the City, the Council does hereby grant and approve of this request in
the manner and form herein submitted
Regular Meeting of September 10, 2003 34253
CR 463-03 RESOLVED, that having considered Petition 2003-08-03-01,
submitted by Kelly Schwanitz, dated August 12, 2003, wherein a request
is submitted for the vacating of four feet of a ten-foot sewer easement
located on the west side yard of 37670 St. Martins, the Council does
hereby refer this item to the City Planning Commission for action and
recommendation in accordance with provisions of law and City ordinance
CR 464-03 RESOLVED, that having considered a communication from
the City Assessor, dated August 20, 2003, approved for submission by the
Mayor, with regard to a request from Joe Durso, 15530 Farmington Road,
Livonia, Michigan 48154, representing Randy Kline, 436 Jeni Lane,
Milford, Michigan 48380, 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 No 46-143-01-0027-000 and 46-143-01-0028-
000 into two (2) parcels, the legal descriptions of which shall read as
follows
PARCEL A
Lot 29 and the West 28 50 feet of Lot 28 of "Newman Joy Road
Subdivision", being part of the S 1/2 of the S W 1/4 of Sec 36, T 1 S , R.9
E , Livonia Township, now the City of Livonia, Wayne County, Michigan,
as recorded in Liber 66 of Plats on Page 19 of Wayne County Records
PARCELS
Lot 27 and the East 28 50 feet of Lot 28 of "Newman Joy Road
Subdivision", being part of the S 1/2 of the S W 1/4 of Sec 36, T 1 S , R 9
E , Livonia Township, now the City of Livonia, Wayne County, Michigan,
as recorded in Liber 66 of Plats on Page 19 of 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
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 465-03 RESOLVED, that having considered a letter from the
National League of Cities, dated August 22, 2003, with regard to the
Annual Business Meeting to be held in Nashville, Tennessee, on
December 13, 2003, the Council does hereby designate Councilmember
Joe Laura as the Official Representative and Voting Delegate of the City
of Livonia at the Annual Meeting, and the City Clerk is hereby requested to
do all things necessary or incidental to the full performance of this
resolution
Regular Meeting of September 10, 2003 34254
CR 466-03 RESOLVED, that having considered a communication from
the Director of Community Resources, dated August 12, 2003, approved
for submission by the Mayor, regarding the proposed relocation of the
Northville Cider Mill (Parmenter's) to the Greenmead property, the Council
does hereby refer this subject to the Committee of the Whole for its report
and recommendation
CR 467-03 RESOLVED, that having considered the report and
recommendation of the Chief of Police, dated August 25, 2003, 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 forty-three (43) X26E TASER® less-lethal weapons for the Police
Department from Michigan TASER® Distributing, 401 South Jackson
Street, Jackson, Michigan 49201-2216, in the amount of $50,321 90, the
same to be appropriated and expended from Account No 265-334-987-
000 (Capital Outlay - Other) for this purpose, FURTHER, the Council does
hereby authorize the purchase of said items without competitive bidding
for the reasons indicated in the aforesaid communication, and such action
is taken in accordance with Section 3 04 140D4 of the Livonia Code of
Ordinances, as amended
CR 468-03 RESOLVED, that having considered the report and
recommendation of the Executive Director of the Housing Commission,
dated August 11, 2003, approved for submission by the Mayor, and to
which is attached a Hold Harmless Contract between the City of Livonia
and First Step for the period August 1, 2003 through July 31, 2004, the
Council does hereby authorize the Mayor and City Clerk, for and on behalf
of the City of Livonia, to execute the proposed Hold Harmless Contract in
the manner and form herein submitted, as well as to do all other things
necessary or incidental to the full performance of this resolution
CR 469-03 RESOLVED, that having considered the report and
recommendation of the Executive Director of the Housing Commission,
dated August 11, 2003, approved for submission by the Mayor, regarding
proposed Hold Harmless Contracts between the City of Livonia and John
Farrar, Ed D, Arbor Hill Counseling, Horizon Treatment Center, Jacque
Martin-Downs MA/MSW, Madonna University, Eastwood Clinics, Starfish
Family Services, Quality Care Counseling, Geriatric Case Management,
Joanne Turshnuik MSW and Hegira Programs, for the period August 1,
2003 through July 31, 2004, the Council does hereby authorize the Mayor
and City Clerk, for and on behalf of the City of Livonia, to execute the
proposed Hold Harmless Contracts in the manner and form herein
submitted, as well as to do all other things necessary or incidental to the
full performance of this resolution
Regular Meeting of September 10, 2003 34255
CR 470-03 RESOLVED, that having considered the report and
recommendation of the Executive Director of the Housing Commission,
dated August 11 , 2003, approved for submission by the Mayor, and to
which is attached a Hold Harmless Contract between the City of Livonia
and the Fair Housing Center of Metropolitan Detroit for the period August
1, 2003, through July 31, 2004, the Council does hereby authorize the
Mayor and City Clerk, for and on behalf of the City of Livonia, to execute
the proposed Hold Harmless Contract in the manner and form herein
submitted, as well as to do all other things necessary or incidental to the
full performance of this resolution
CR 471-03 RESOLVED, that having considered a communication from
the Chairman of the Zoning Board of Appeals, dated August 11, 2003,
with regard to a request for review of Section 4 02(g) of Zoning Ordinance
No 543, as amended, which pertains to the regulation of commercial
vehicles in residential neighborhoods, the Council does hereby refer this
item to the Legislative Committee for its report and recommendation
CR 472-03 RESOLVED, that having considered a communication from
the Chairman of the Zoning Board of Appeals, dated August 11, 2003,
with regard to a request for review of Section 4 02(g) of Zoning Ordinance
No 543, as amended, which pertains to the regulation of commercial
vehicles in residential neighborhoods, the Council does hereby refer this
issue, including City-owned vehicles taken home after normal business
hours, to the Administration for its report and recommendation
CR 473-03 RESOLVED, that having considered a communication from
the Chairman of the Zoning Board of Appeals, dated August 11, 2003,
with regard to a request for review of Section 4 02(g) of Zoning Ordinance
No 543, as amended, which pertains to the regulation of commercial
vehicles in residential neighborhoods, the Council does hereby refer the
question of Ordinance regulations adopted in other communities regarding
this issue to the Administration for its report and recommendation
CR 474-03 RESOLVED, that having considered the report and
recommendation of the Director of Public Works and the City Engineer,
dated August 14, 2003, approved for submission by the Mayor, with
regard to a request from the Wayne County Department of Public Services
that the City take jurisdiction and control of the storm sewer system within
the Kinko Store property located at the northeast corner of Six Mile Road
and Newburgh Road in the Southwest 1/4 of Section 8, the Council does
hereby determine as follows
1 To advise the Wayne County Department of Public Services (Permit
Section) that the City of Livonia has approved the storm sewer plans,
Regular Meeting of September 10, 2003 34256
and further that the City will accept jurisdiction and maintenance (at no
expense to the County) of the storm sewer system in connection with
the development of the aforementioned site located at the northeast
corner of Six Mile Road and Newburgh Road in the Southwest 1/4 of
Section 8 (See attached letter from 0 & M Investments L L C , dated
July 29, 2003, indicating its willingness to reimburse the City for any
such maintenance that may become necessary )
2 To authorize the City Engineer to execute a Wayne County permit on
behalf of the City of Livonia in connection with the above storm sewer
system construction
CR 475-03 RESOLVED, that having considered the report and
recommendation of the City Engineer and the Director of Public Works,
dated August 14, 2003, which bears the signature of the Director of
Finance and is approved for submission by the Mayor, the Council does
hereby appropriate and authorize an expenditure in the amount of
$41,247 30 from the Michigan Transportation Fund (Major Road Account)
to be paid to the County of Wayne, 415 Clifford Street, Detroit, Michigan
48226 in connection with the emergency relocation of a City water main
located on the south side of Seven Mile Road at the Rouge River bridge,
including the installation of an additional shut off valve in a well on each
side of the bridge, due to the reconstruction of Seven Mile Road
CR 476-03 RESOLVED, that having considered a communication from
the City Planning Commission, dated August 7, 2003, which transmits its
resolution 08-114-2003, adopted on August 5, 2003, with regard to
Petition 2003-07-SN-06, submitted by Sign Art, Inc., on behalf of Charter
One Bank, requesting approval for additional signage for the bank branch
located at 37307 Six Mile Road, on the south side of Six Mile Road
between Newburgh Road and Fitzgerald in the Northwest 1/4 of Section
17, the Council does hereby concur in the recommendation of the
Planning Commission and Petition 2003-07-SN-06 is hereby approved
and granted, subject to the following conditions
1 That the Sign Package submitted by Sign Art, Inc , as received by
the Planning Commission on June 10, 2003, is hereby approved
and shall be adhered to,
2 That all wall signs on the building shall not be illuminated beyond
one (1) hour after this business closes,
3 That no LED lightband or exposed neon shall be permitted on this
site, including but not limited to, the building or around the windows;
Regular Meeting of September 10, 2003 34257
4 That any additional signage shall come back before the Planning
Commission and City Council for their review and approval,
fitio 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, and
6 That the specific plans referenced in this approving resolution shall
be submitted to the Inspection Department at the time the sign
permits are applied for
CR 477-03 RESOLVED, that having considered a communication from
the City Planning Commission, dated July 24, 2003, which transmits its
resolution 07-111-2003, adopted on July 22, 2003, with regard to the
request submitted by Leo Soave, on behalf of Boulder Pines West, for
approval of the Master Deed, bylaws and Site Plan in connection with
Petition 2003-07-08-17, for the construction of Phase II of a condominium
development (Boulder Pines West) located on the south side of Seven
Mile Road between Merriman Road and Brookfield Avenue in the North
1/2 of Section 10, pursuant to the provisions set forth in Section 18 62 of
Ordinance No 543, as amended, the Council does hereby concur in the
recommendation of the Planning Commission and the Master Deed and
bylaws and Site Plan in connection with Petition 2003-07-08-17 are
hereby approved and granted, subject to the following conditions
1 That the Master Deed complies with the requirements of the
Subdivision Control Ordinance, Title 16, Chapter 16 04 - 16 40 of
the Livonia Code of Ordinances, and Article XX, Section 20 01-
20 06 of Zoning Ordinance #543, except for the fact the following
shall be incorporated,
• That the first floor of each condominium unit shall be brick
or stone, on all four sides, and the total amount of brick or
stone on each two-story unit shall not be less than 65%
and not less than 80% on one-story dwellings,
2 That the petitioner shall include language in the Master Deed or
separate recordable instrument wherein the condominium
association shall reimburse the City of Livonia for any maintenance
or repair costs incurred for the storm water detention/retention and
outlet facilities, and giving the City of Livonia the right to impose
liens on each lot owner's property prorata and place said charges
on their real estate tax bills in the event said charges are not paid
by the condominium association (or each lot owner) within thirty
(30) days of billing by the City of Livonia,
Regular Meeting of September 10, 2003 34258
3 That the brick used in the construction of each condominium unit
shall be full face four (4) inch brick, no exceptions,
4 That the petitioner shall include language in the Master Deed or a
separate recordable instrument establishing a cross access
agreement between this development and the adjacent
developments that are being developed in relationship to this
phase,
5 That the Site Plan marked Sheet 1 dated 6/26/03 prepared by
Arpee/Donnan, Inc , is hereby approved and shall be adhered to,
6 That the Site Plan referenced in this approving resolution shall be
submitted to the Inspection Department at the time the building
permits are applied for;
7 That all required cash deposits, certified checks, irrevocable bank
letters of credit and/or surety bonds which shall be established by
the City Engineer pursuant to Article XVIII of Ordinance No 543,
Section 18 66 of the ordinance, shall be deposited with the City
prior to the issuance of engineering permits for this site
condominium development; and
8 That the petitioner shall comply with the stipulations listed in the
correspondence dated July 18, 2003, from the Division of Police of
the Department of Public Safety
• Install street lighting to enhance traffic safety and to promote
crime prevention
• Install sidewalks for pedestrian safety
• Install a stop sign for southbound traffic at the intersection
CR 478-03 RESOLVED, that having considered a communication from
the City Planning Commission, dated July 24, 2003, which transmits its
resolution 07-112-2003, adopted on July 22, 2003, with regard to the
request submitted by Leo Soave, on behalf of Boulder Pines East, for
approval of the Master Deed, bylaws and Site Plan in connection with
Petition 2003-07-08-18, for the construction of Phase III of a condominium
development (Boulder Pines East) located on the south side of Seven Mile
Road between Merriman Road and Brookfield Avenue in the North 1/2 of
Section 10, pursuant to the provisions set forth in Section 18 62 of
Ordinance No 543, as amended, the Council does hereby concur in the
recommendation of the Planning Commission and the Master Deed and
Regular Meeting of September 10, 2003 34259
bylaws and Site Plan in connection with Petition 2003-07-08-18 are
hereby approved and granted, subject to the following conditions
1 That the Master Deed complies with the requirements of the
Subdivision Control Ordinance, Title 16, Chapter 16 04 - 16 40 of
the Livonia Code of Ordinances, and Article XX, Section 20 01-
20 06 of Zoning Ordinance #543, except for the fact the following
shall be incorporated,
• That the first floor of each condominium unit shall be
brick or stone, on all four sides, and the total amount of
brick or stone on each two-story unit shall not be less
than 65% and not less than 80% on one-story dwellings,
2 That the petitioner shall include language in the Master Deed or
separate recordable instrument wherein the condominium
association shall reimburse the City of Livonia for any maintenance
or repair costs incurred for the storm water detention/retention and
outlet facilities, and giving the City of Livonia the right to impose
liens on each lot owner's property prorata and place said charges
on their real estate tax bills in the event said charges are not paid
by the condominium association (or each lot owner) within thirty
(30) days of billing by the City of Livonia,
3 That the brick used in the construction of each condominium unit
shall be full face four (4) inch brick, no exceptions,
4 That the petitioner shall include language in the Master Deed or a
separate recordable instrument establishing a cross access
agreement between this development and the adjacent
developments that are being developed in relationship to this
phase,
5 That the Site Plan marked Sheet 1 dated 6/26/03 prepared by
Arpee/Donnan, Inc , is hereby approved and shall be adhered to,
6 That the Site Plan referenced in this approving resolution shall be
submitted to the Inspection Department at the time the building
permits are applied for;
7 That all required cash deposits, certified checks, irrevocable bank
letters of credit and/or surety bonds which shall be established by
the City Engineer pursuant to Article XVIII of Ordinance No 543,
Section 18 66 of the ordinance, shall be deposited with the City
prior to the issuance of engineering permits for this site
condominium development; and
1
Regular Meeting of September 10, 2003 34260
8 That the petitioner shall comply with the stipulations listed in the
correspondence dated July 18, 2003, from the Division of Police of
the Department of Public Safety'
• Install street lighting to enhance traffic safety and to promote
crime prevention
• Install sidewalks for pedestrian safety
• Install a stop sign for southbound traffic at the intersection
CR 479-03 RESOLVED, that having considered a communication from
the City Planning Commission, dated August 7, 2003, which transmits its
resolution 08-113-2003 adopted on August 5, 2003, with regard to Petition
2003-07-08-19 submitted by Holiday Inn, on behalf of Shanahan's Irish
Pub, requesting site plan approval in connection with a proposal to
renovate the exterior of the building located at 17123 Laurel Park Drive,
on the west side of Laurel Park Drive between Six Mile Road and
University Drive in the Southeast 1/4 of Section 7, pursuant to the
provisions set forth in Section 18 47 of Zoning Ordinance No 543, as
amended, the Council does hereby concur in the recommendation made
by the City Planning Commission and Petition 2003-07-08-19 is hereby
approved and granted, subject to the following conditions
1 That the Site Plan, marked Sheet Al 0 dated July 30, 2003,
prepared by L & M Associates, is hereby approved and shall be
adhered to,
2 That the Exterior Building Elevation Plan, marked Sheet A7 0 dated
September 2, 2003, as revised, prepared by L & M Associates, is
hereby approved and shall be adhered to,
3 That all rooftop mechanical equipment shall be concealed from
public view on all sides by screening that shall be of a compatible
character, material and color to other exterior materials on the
building,
4 That no LED lightband or exposed neon shall be permitted on this
site, including but not limited to, the building or around the windows,
5 That the wall signage depicted on the approved Elevation Plan is
hereby approved and shall be adhered to,
6 That this approval is subject to the petitioner being granted
variances from the Zoning Board of Appeals for deficient parking
and excessive signage and any conditions related thereto,
Regular Meeting of September 10, 2003 34261
7 That the petitioner shall correct to the Inspection Department's
satisfaction the following as outlined in the correspondence dated
July 31, 2003
• that the parking lot shall be repaired and/or repaved,
most notably the north main entrance drive and the north
and northwest parking areas,
8 That, if feasible, the Petitioner shall either add or move a few
handicap parking spaces closer to the main entrance of the
restaurant, as recommended by the Traffic Bureau, subject to the
approval of the Inspection Department; and
9 That the specific plan referenced in this approving resolution shall
be submitted to the Inspection Department at the time the building
permits are applied for
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
Three photos received at the Water, Sewer and Waste Committee
meeting of August 19, 2003, entitled "Ice filled ditch over road and sidewalk", "Sump
water freezes blocks flow", and "Sunnydale Road in front of 29070", re water drainage
problems at 29070 Sunnydale, as well as their neighbors, were received and placed on
file for the information of the Council (CR 553-02)
A communication from the Department of Law, dated December 17, 2002,
re whether the City has any recourse against new homeowners who have sump
pumps that outlet into road ditches, relative to water drainage problems at 29070
Sunnydale, as well as their neighbors, was received and placed on file for the
information of the Council (CR 553-02)
On a motion by Knapp, seconded by Taylor, and unanimously adopted, it
Regular Meeting of September 10, 2003 34262
was
CR 480-03 RESOLVED, that having considered the report and
recommendation of the Water, Sewer and Waste Committee, dated
August 19, 2003, submitted pursuant to Council Resolution 553-02, in
connection with the water drainage problem at 29070 Sunnydale and
surrounding areas, the Council does hereby refer the subject of soil
conditions on and around the affected area, identifying the impact of the
drainage water in the surrounding private and public properties (including
the street) and providing potential solutions to the drainage condition
including cost estimates and cost sharing proposals, if necessary, to the
Engineering Division for its report and recommendation
A communication from the Engineering Division, dated August 4, 2003, re
water problems in the area of Melvin and Bretton relative to Petition 2002-03-01-02
(Prysdale rezoning), and their recommendation that another set of catch basins be
installed at this location, was received and placed on file for the information of the
Council (CR 571-02)
On a motion by Knapp, seconded by Dolan, and unanimously adopted, it
was
CR 481-03 RESOLVED, that having considered the report and
recommendation of the Water, Sewer and Waste Committee, dated
August 19, 2003, submitted pursuant to Council Resolution 571-02 in
connection with the subject of storm water problems in the area of 29901
Bretton Road (in connection with Petition 2002-03-01-02), the Council
does hereby concur in the recommendation of the Administration and
hereby requests that the Engineering Division solicit proposals from
companies to perform the necessary work to install another set of catch
basins in this area, FURTHER, the Council agrees to waive the
competitive bidding process in order to complete the work in the current
construction season
On a motion by Knapp, seconded by Dolan, and unanimously adopted, it
was
CR 482-03 RESOLVED, that having considered the report and
recommendation of the Water, Sewer and Waste Committee, dated
August 19, 2003, submitted pursuant to Council Resolution 571-02, in
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Regular Meeting of September 10, 2003 34263
connection with the subject of storm water problems in the area of 29901
Bretton Road (relative to Petition 2002-03-01-02), and Council's
recommendation that the Engineering Division solicit proposals to perform
the necessary work to install another set of catch basins in this area,
without competitive bidding, the Council does hereby determine to take no
further action on this subject matter
CR 483-03 RESOLVED, that having considered the report and
recommendation of the Water, Sewer and Waste Committee, dated
August 19, 2003, submitted pursuant to Council Resolution 113-02, in
connection with the request from Estate Millcreek L L C for a sanitary
sewer easement over City-owned property (Rotary Park) located on the
south side of Seven Mile Road, east of Brookfield Avenue, in the
Northwest 1/4 of Section 10, the Council does hereby determine to take no
further action with regard to this matter
An aerial photograph of the area of Eight Mile Road between 1-275 and
Newburgh Road, submitted by the Engineering Division and received at the Streets,
Roads and Plats Committee Meeting of August 26, 2003, was received and placed on
file for the information of the Council (CR 346-03)
On a motion by Laura, seconded by Dolan, and unanimously adopted, it
was
CR 484-03 RESOLVED, that having considered the report and
recommendation of the Streets, Roads and Plats Committee, dated
August 26, 2003, submitted pursuant to Council Resolution 346-03, with
regard to the possible installation of sidewalks on Eight Mile Road,
between 1-275 and Newburgh Road, the Council does hereby refer the
subject of the feasibility of the installation of an asphalt bike path, including
the costs of both dirt and asphalt, to the Engineering Division for its report
and recommendation
On a motion by Laura, seconded by Taylor, and unanimously
adopted, it was
CR 485-03 RESOLVED, that having considered the report and
recommendation of the Streets, Roads and Plats Committee, dated
August 26, 2003, submitted pursuant to Council Resolution 346-03, with
regard to the possible installation of sidewalks on Eight Mile Road,
between 1-275 and Newburgh Road, the Council does hereby refer the
Regular Meeting of September 10, 2003 34264
subject of requirements for a Special Assessment District to the
Engineering Division for its report and recommendation
A communication from the Department of Public Works, Public Service
Division, dated August 21, 2003, re 1-275 Noise Concern Update, was received and
placed on file for the information of the Council (CR 816-00)
A communication from Sandra Carroll, Families Near 1-275, dated August
4, 2003, re revised State Transportation Commission Policy 10136, Noise Abatement,
and the rules and procedures for governmental authorities to apply for noise abatement
funding, was received and placed on file for the information of the Council (CR 816-00)
A communication from Senator Laura Toy, dated July 31, 2003, re a
meeting to be held in her Lansing Office on August 5, 2003 relative to the use of a
"living berm" as a means of noise abatement, was received and placed on file for the
information of the Council (CR 816-00) (CR 313-03)
A communication from Bill Mozurkewich, 39373 Lyndon, Livonia, 48154,
received at the Streets, Roads and Plats Committee meeting of August 26, 2003, re
his recommendations for noise abatement on 1-275, was received and placed on file for
the information of the Council (CR 816-00)
A communication from Kathy Henning, 17480 Fairway, Livonia, 48152,
dated August 4, 2003, re the impact of the noise on 1-275 on her life, was received and
placed on file for the information of the Council (CR 816-00)
On a motion by Laura, seconded by Dolan, and unanimously adopted, it
was
CR 486-03 RESOLVED, that having considered the report and
recommendation of the Streets, Roads and Plats Committee, dated
August 26, 2003, submitted pursuant to Council Resolution 816-00, with
Regular Meeting of September 10, 2003 34265
regard to the subject of 1-275 Noise Abatement, the Council does hereby
request that the Administration expedite all actions concerning 1-275 with
the Michigan Department of Transportation
Councilmember Brosnan took from the table, for second
reading and adoption, the following Ordinance
AN ORDINANCE AMENDING SUBSECTION A OF SECTION
150 OF TITLE 3, CHAPTER 08 (SPECIAL ASSESSMENTS)
OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED
A roll call vote was taken on the foregoing Ordinance with the following result
AYES Dolan, Taylor, Laura, Brosnan, Knapp, Vandersloot and
Engebretson
NAYS None
The President declared the foregoing Ordinance duly adopted, and would
become effective on publication
Councilmember Taylor gave first reading to the following
Ordinance
AN ORDINANCE VACATING PORTIONS OF STREET,
ALLEY AND PUBLIC GROUND (Petition 2002-02-03-02)
The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in the
Office of the City Clerk and is the same as if word for word repeated herein The above
Ordinance was placed on the table for consideration at the next regular meeting
On a motion by Dolan, seconded by Taylor, and unanimously adopted, it
was
CR 487-03 RESOLVED, that having considered a communication from
the City Planning Commission, dated May 12, 2003, which sets forth its
resolution 05-63-2003 adopted on May 6, 2003, with regard to Petition
2003-02-01-10, submitted by Larry DeFiore, on behalf of Spalding
Properties, LLC, for a change of zoning of property located on the south
side of Plymouth Road between Newburgh Road and Roselinda Road in
err.
Regular Meeting of September 10, 2003 34266
the Southeast 1/4 of Section 30 from RUF to R-8 and
R-1, and the Council having conducted a public hearing with regard to this
matter on August 25, 2003, pursuant to Council Resolution 356-03, the
Council does hereby approve Petition 2003-02-01-10, as amended so as
to rezone the property to R-1 only, for preparation of the ordinance for
submission to Council, and the City Planner is hereby instructed to cause
the necessary map for publication to be prepared indicating the zoning
change herein approved and to furnish the same to the Department of
Law and, upon receipt of such map, the Department of Law is requested
to prepare an ordinance amending Ordinance No 543, as amended, in
accordance with this resolution
On a motion by Dolan, seconded by Taylor, and unanimously adopted, it
was
CR 488-03 RESOLVED, that having considered a communication from
the City Planning Commission, dated June 2, 2003, which sets forth its
resolution 05-66-2003 adopted on May 20, 2003, with regard to Petition
2003-03-01-11, submitted by Michael Fant, for a change of zoning of
property located at 36025 Ann Arbor Trail, on the south side of Ann Arbor
Trail between Grandon Avenue and Linville Avenue in the Southeast 1/4
of Section 32, from RUF to R-1, and the Council having conducted a
public hearing with regard to this matter on August 25, 2003, pursuant to
Council Resolution 310-03, the Council does hereby approve Petition
2003-03-01-11, as amended so as to rezone the property to R-2, for
preparation of the ordinance for submission to Council, and the City
Planner is hereby instructed to cause the necessary map for publication to
be prepared indicating the zoning change herein approved and to furnish
the same to the Department of Law and, upon receipt of such map, the
Department of Law is requested to prepare an ordinance amending
Ordinance No 543, as amended, in accordance with this resolution
On a motion by Brosnan, seconded by Knapp, and unanimously adopted,
it was
CR 489-03 RESOLVED, that in connection with Petition 2003-03-01-11,
the Council does hereby refer the issue of storm water problems in the
area surrounding the property located at 36025 Ann Arbor Trail to the City
Engineer for his report and recommendation
On a motion by Vandersloot, seconded by Brosnan, and unanimously
adopted, it was
L
Regular Meeting of September 10, 2003 34267
CR 490-03 RESOLVED, that having considered a communication from
the City Planning Commission, dated June 2, 2003, which sets forth its
resolution 05-67-2003 adopted on May 20, 2003, with regard to Petition
2003-04-01-12, submitted by Frank J Kokenakes, on behalf of General
Properties Company, LLC, for a change of zoning of property located on
the west side of Sunset Avenue between Kenwood Court and Eight Mile
Road in the Northwest 1/4 of Section 2 from RUFA to R-3, and the Council
having conducted a public hearing with regard to this matter on August 25,
2003, pursuant to Council Resolution 310-03, the Council does hereby
refer this item to the Committee of the Whole for its report and
recommendation
On a motion by Brosnan, seconded by Knapp, and unanimously adopted,
it was
CR 491-03 RESOLVED, that in connection with Petition 2003-04-01-12,
the Council does hereby refer the issue of Storm Water Management in
this area to the City Engineer for his report and recommendation
A communication from the Department of Law, dated September 2, 2003,
re a proposed language change ordinance amendment which allows churches as a
permitted use in the C-2 district and complies with the Religious Land Use and
Institutionalized Persons Act (RLUIPA), was received and placed on file for the
information of the Council (Petition 2003-04-06-02)
Councilmember Knapp gave first reading to the following
Ordinance
AN ORDINANCE AMENDING SECTION 1102 OF
ARTICLE XI OF ORDINANCE NO 543, AS AMENDED,
KNOWN AND CITED AS "THE CITY OF LIVONIA ZONING
ORDINANCE" (Petition 2003-04-06-02)
The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in the
Office of the City Clerk and is the same as if word for word repeated herein The above
Ordinance was placed on the table for consideration at the next regular meeting
On a motion by Brosnan, seconded by Dolan, and unanimously adopted, it
Regular Meeting of September 10, 2003 34268
was
CR 492-03 RESOLVED, that having considered a letter from Vicki
Reault, representing Newburg United Methodist Church, dated August 21,
2003, which requests permission to display approximately 20 signs
announcing the Newburg United Methodist Church Mom to Mom Sale to
be conducted on Friday, September 26, 2003, and Saturday, September
27, 2003, which signs are to be 18"x 24" in size and which will be
displayed at various locations in the City of Livonia only, no earlier than
Friday, September 19, 2003, and removed no later than Sunday,
September 28, 2003, the Council does hereby grant and approve this
request in the manner and form herein submitted
Councilmember Vandersloot wished a "Happy Birthday" to Barbara
Kurzeja, Clerk-Typist I in the City Council office, who celebrates her birthday on
September 11 She also extended congratulations to City Clerk Joan McCotter on the
birth of her granddaughter, Abigail, whose parents are Dennis and Shellie McCotter
On a motion by Brosnan, seconded by Knapp, and unanimously adopted,
this 1,496th Regular Meeting of the Council of the City of Livonia was adjourned at
8 40 p m , September 10, 2003
J an McCotter, City Clerk