HomeMy WebLinkAboutCOUNCIL MINUTES 2003-01-29 MINUTES OF THE ONE THOUSAND FOUR HUNDRED EIGHTY-FIRST
REGULAR MEETING OF JANUARY 29, 2003
On January 29, 2003, the above meeting was held at the City Hall, 33000
Civic Center Drive, Livonia, Michigan, and was called to order by the Vice-President of
the Council at 8 00 p m Councilmember Taylor delivered the invocation
Roll was called with the following result: Gerald Taylor, Joe Laura,
Maureen Miller Brosnan, Val Vandersloot, Linda Dolan and Donald Knapp
Absent: Jack Engebretson due to a death in the family
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, Ian Wilshaw,
Traffic Commission and Stan Dobis, Cable Commission
On a motion by Brosnan, seconded by Taylor, and unanimously adopted,
it was
CR 23-03 RESOLVED, that the minutes of the 1,480th Regular Meeting
of the Council held January 15, 2003 are hereby approved as submitted
During the audience communication portion of the agenda,
Councilmember Taylor announced the 13th Annual First Step Dance to be held on
February 7, 2003 from 7 30 p m — 1 30 p m at Burton Manor He also announced the
birthday of his sister, Vera Musick, which will be celebrated on January 30
Councilmember Vandersloot announced that City Clerk Joan McCotter is
celebrating her birthday today, January 29
Council Vice-President Knapp also sent birthday wishes to his father, who
is celebrating his 70th birthday today
An e-mail communication from Janet D'Ascenzo, dated January 27, 2003,
re her opposition to adopting a resolution declaring Livonia to be a "Civil Liberties Safe
Zone", and thanking City Councilmembers for taking no further action on this subject
Regular Meeting of January 29, 2003 33917
matter, was received and placed on file for the information of the Council (Agenda Item
#2)
On a motion by Brosnan, seconded by Vandersloot, it was
CR 24-03 RESOLVED, that having considered a letter from Sue
Mahoney, Chairperson of the Clarenceville Athletic Booster Club, received
in the Office of the City Clerk on January 2, 2003, which requests
permission to display wire signs announcing the "Touch of Spring" Arts
and Craft Show to be held by the Clarenceville Athletic Booster Club on
Saturday, March 29, 2003, which signs are to be 14" x 22" in size and
which will be displayed from March 15, 2003, through March 31, 2003, at
various locations in the City, the Council does hereby grant and approve
this request in the manner and form herein submitted
CR 25-03 RESOLVED, that having considered a letter from Keren
(Key) Halverson, 20215 Angling Street, Livonia, MI 48152, dated January
8, 2003, requesting the Council adopt a resolution declaring Livonia to be
a "Civil Liberties Safe Zone" and to consider other options before
proceeding to war with Iraq, the Council does hereby determine to take no
further action with regard to this matter
A communication from Ken Korte, dated January 16, 2003, and the e-mail
communication from Jim Baringhaus, dated January 20, 2003, re their opposition to
adopting a resolution declaring Livonia to be a "Civil Liberties Safe Zone", and an e-mail
communication from Valerie Przywara, dated January 16, 2003, re her support for
adopting a resolution declaring Livonia to be a "Civil Liberties Safe Zone", was received
and placed on file for the information of the Council
CR 26-03 RESOLVED, that pursuant to the provisions of Section 5,
Chapter VIII of the Charter of the City of Livonia, and based upon the
appointment of the Mayor, dated January 8, 2003, the Council does
hereby consent to and confirm the reappointment of Ms Jollietta
Coleman, 14174 Richfield, Livonia, Michigan 48154, to the Board of
Review for a term of three years commencing February 17, 2003, and
expiring on February 16, 2006
A communication from the Office of the City Clerk, dated December 30,
2002, re forwarding a communication from the Secretary of the Board of Education
Regular Meeting of January 29, 2003 33918
City to continue to collect one-half of the 2003 Livonia Public Schools' School District taxes
with our summer tax collection, and the remaining one-half with our winter tax collection, was
received and placed on file for the information of the Council
CR 27-03 RESOLVED, that having considered the report and
recommendation of the Director of Inspection, dated January 9, 2003,
which bears the signature of the Director of Finance and is approved for
submission by the Mayor, the Council does hereby approve the extension
of the Weed Cutting Contract 99-A, commencing January 1, 2003, and
expiring on December 31, 2003, with Michigan Grounds Management,
14931 Farmington Road, Livonia, Michigan 48154, under the same rates,
terms and conditions as the 1999 contract, FURTHER, the Council does
hereby authorize an advance in the contract amount from the Municipal
Refuse Fund Account for the purpose of making payments to the
contractor as the work is completed, with the provision that the Municipal
Refuse Fund Account be reimbursed as bills for weed cutting are
collected, and the Director of Inspection is hereby authorized to approve
minor adjustments in the work as it becomes necessary; and the City
Clerk is hereby authorized to do all things necessary or incidental to the
full performance of this resolution, FURTHER, the Council does hereby
authorize the action herein without competitive bidding in accordance with
Section 3 04 140D4 of the Livonia Code of Ordinances, as amended
CR 28-03 RESOLVED, that having considered a letter from the
Michigan Liquor Control Commission, dated July 23, 2002, and a report
and recommendation from the Chief of Police, dated January 7, 2003,
approved for submission by the Mayor, the Council does hereby approve
of the request from Stark Party Store, Inc , for transfer of ownership of a
2002 SDM Licensed Business from Alsad Corporation for a business
located at 34395 Plymouth Road, Livonia, Michigan, Wayne County; and
the City Clerk is hereby requested to forward a certified copy of this
resolution to the Michigan Liquor Control Commission
CR 29-03 RESOLVED, that having considered a communication from
the City Planning Commission, dated December 26, 2002, which transmits
its resolution 12-153-2002, adopted on December 17, 2002, with regard to
Petition 2002-11-GB-04 submitted by Frisco Holding, LLC, requesting to
substitute a greenbelt for the protective wall as outlined in Section 18 45 of
Zoning Ordinance No 543, as amended, for property located at 16880
Middlebelt Road in the Northwest 1/4 of Section 13, the Council does
hereby concur in the recommendation of the Planning Commission and
Petition 2002-11-GB-04 is hereby approved and granted, subject to the
following conditions
Regular Meeting of January 29, 2003 33919
1 That the landscaped greenbelt along the east property line, as
shown on the plan received by the Planning Commission on
November 12, 2002, shall be substituted for the protective wall
required by Section 18 45 of the Zoning Ordinance,
2 That any change of circumstances in the area containing the
greenbelt resulting in a diminution of the greenbelt's effectiveness
as a protective barrier, the owner of the property shall be required
to submit such changes to the Planning Commission and City
Council for their review and approval or immediately construct the
protective wall pursuant to Section 18 45,
3 That for the south property line, the petitioner shall have the option
of either erecting a protective wall immediately, going to the Zoning
Board of Appeals for a temporary wall variance or seeking the
consent of the abutting property owner(s), and
4 That an enclosure shall be erected around the site's trash dumpster
and the three walls of the trash dumpster area shall be constructed
out of the same brick used in the construction of the building or in
the event a poured wall is substituted, the wall's design, texture and
color shall match that of the building and the enclosure gates shall
be maintained and when not in use closed at all times
CR 30-03 RESOLVED, that having considered the report and
recommendation of the Department of Law, dated January 8, 2003,
approved for submission by the Mayor, the Council does hereby repeal
Chapter 96 (Electric Franchise) of Title 5 of the Appendix of the Livonia
Code of Ordinances, as amended, and Chapter 300 (Energy Utility
Franchises) of Title 2 of the Livonia Code of Ordinances, as amended, to
reflect the state law amendment to the Customer Choice and Reliability
Act (2000 PA 141), known as 2001 PA 48, which provides that "(a]n
alternative electric supplier is not a public utility" and therefore not required
to have a franchise granted by the City
A roll call vote was taken on the foregoing resolutions with the following result:
AYES Taylor, Laura, Brosnan, Vandersloot, Dolan and Knapp,
NAYS None
Councilmember Taylor gave first reading to the following
Ordinance
Regular Meeting of January 29, 2003 33920
AN ORDINANCE AMENDING SECTION 21 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 2002-07-01-11)
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 Laura, and unanimously adopted, it
was
CR 31-03 RESOLVED, that having considered an proposed
amendment to Zoning Ordinance No 543 from the Department of Law
regarding Petition 2002-06-06-02 to determine whether or not to allow
various types of athletic schools and similar facilities as permitted or
waiver uses in industrial zoning districts, and because the Council is
awaiting additional information on parking requirements as it relates to this
proposed amendment, the Council does hereby determine to refer this
subject matter to the Committee of the Whole for a report and
recommendation
Councilmember Gerald Taylor left the podium at 8 05 p m due to a conflict of interest.
On a motion by Laura, seconded by Dolan, and unanimously adopted, it
was
CR 32-03 RESOLVED, that having considered a communication from
the Mayor, dated January 7, 2003, wherein he has requested approval of
the reappointment of Gerald Taylor, 36734 Sunnydale, Livonia, Michigan
48154, to the Economic Development Corporation of the City of Livonia
Board of Directors for a term expiring June 7, 2008, the Council does
hereby confirm and approve such reappointment.
Councilmember Taylor returned to the podium at 8-06 p m.
was. On a motion by Brosnan, seconded by Dolan, and unanimously adopted, it
Regular Meeting of January 29, 2003 33921
CR 33-03 RESOLVED, that having considered a letter from the
Department of Law, dated January 9, 2003, relating to the tax-foreclosed
properties at 19308 Westmore, 38900 Six Mile Road, 35546 Orangelawn
and 20209 Floral, the Council does hereby authorize
a) with respect to 19308 Westmore, the conveyance of said property
to Ms Priscilla Smith upon payment to the City of the statutory
minimum bid of $648 76, plus an administrative services fee in an
amount not to exceed $1,000 00,
b) with respect to 35546 Orangelawn and 20209 Floral, the
conveyance of said property to the City of Livonia, acting by and
through the City of Livonia Housing Commission upon payment to
the City of the statutory minimum bids of $6,536 79 and $1,627 41,
respectively;
FURTHER, the Department of Law is hereby requested to prepare and
place in proper legal form all documents necessary to consummate this
transaction, and the Mayor and City Clerk are hereby authorized to
execute these documents on behalf of the City of Livonia and to do all
other things necessary or incidental to the full performance of this
resolution, FURTHER, the Council does hereby refer the subject of the
possible conveyance of the property located at 38900 Six Mile Road to the
Trinity House Theater to the Committee of the Whole for its report and
recommendation
On a motion by Brosnan, seconded by Taylor, and unanimously adopted,
it was:
CR 34-03 RESOLVED, that having considered a letter from the
Department of Law, dated January 9, 2003, relating to the tax-foreclosed
property located at 38900 Six Mile Road, the Council does hereby refer
the subject of cemetery maintenance performed by Trinity House Theater
being contingent upon conveyance of the property, the State Cemetery
Law, etc., to the Department of Law for its report and recommendation
A communication from the Planning Department, dated January 23, 2003,
re the amount of land that will be subject to the new proposed ordinance provisions
governing open space developments, was received and placed on file for the
information of the Council (Petition 2002-02-06-01)
On a motion by Brosnan, seconded by Taylor, and unanimously adopted,
Regular Meeting of January 29, 2003 33922
it was.
CR 35-03 RESOLVED, that having considered a communication from
the City Planning Commission, dated October 25, 2002, which sets forth
its resolution 10-138-2002, adopted on October 8, 2002, with regard to
Petition 2002-02-06-01, submitted by the City Planning Commission, on its
own motion, to determine whether or not to amend Article IV, Section 4 04
and Article V, Section 5 04 of the Zoning Ordinance in order to establish
open space preservation zoning provisions in the R-5 and RUF zoning
districts as required by House Bill 5029, and the Council having conducted
a public hearing with regard to this matter on Monday, January 6, 2003,
pursuant to Council Resolution 629-02, the Council does hereby approve
Petition 2002-02-06-01 for preparation of the ordinance for submission to
Council, and the Department of Law is requested to prepare an ordinance
amending Ordinance 543, as amended, in accordance with this resolution
On a motion by Brosnan, seconded by Laura, and unanimously adopted, it
was.
CR 36-03 RESOLVED, that relative to the subject matter of Petition
2002-02-06-01 to determine whether or not to amend Article IV, Section
4 04 and Article V, Section 5.04 of Zoning Ordinance No 543, as
amended, in order to establish open space preservation zoning provisions
in the R-5 and RUF zoning districts as required by House Bill No 5029,
the Council does hereby refer this matter to the Committee of the Whole
for a report and recommendation e = - —•• • - • •=- - = •e
On a motion by Brosnan, seconded by Laura, and unanimously adopted, it
was
CR 37-03 RESOLVED, that relative to the subject matter of Petition
2002-02-06-01 to determine whether or not to amend Article IV, Section
4 04 and Article V, Section 5.04 of Zoning Ordinance No 543, as
amended, in order to establish open space preservation zoning provisions
in the R-5 and RUF zoning districts as required by House Bill No 5029,
the Council does hereby refer this matter to the Law Department for a
report and recommendation to determine whether there is a higher
authority to which these land use requirements can be appealed, and to
determine what other cities are doing to conform to the new State
law.
On a motion by Taylor, seconded by Brosnan, and unanimously adopted,
it was:
Regular Meeting of January 29, 2003 33923
CR 38-03 RESOLVED, that having considered a communication from
the City Planning Commission, dated October 25, 2002, which sets forth
its resolution 10-133-2002, adopted on October 22, 2002, with regard to
Petition 2002-09-01-12, submitted by Steven, Tim and George Cowick, for
a change of zoning of property located at 8863 Floral Avenue, on the west
side of Floral Avenue between Joy Road and Wilson Acres Park in the
Southeast 1/4 of Section 36, from C-2 to R-1, and the Council having
conducted a public hearing with regard to this matter on January, 8, 2003,
pursuant to Council Resolution 628-02, the Council does hereby approve
Petition 2002-09-01-12 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 Dolan, and unanimously adopted, it
was
CR 39-03 RESOLVED, that having considered a communication from
the City Librarian, dated January 10, 2003, which bears the signature of
the Director of Finance and is approved for submission by the Mayor, the
Council does, for and on behalf of the City of Livonia, accept various gifts
and cash donations in the total amount of $60,789 00, from the sources
indicated therein for use by the Livonia Public Library as indicated in the
aforesaid communication, FURTHER, the Council does hereby
appropriate and credit the amount of $30,590 00 to Account No 702-000-
285-271 for the purposes as designated by the donors
There was no audience communication at the end of the meeting
On a motion by Vandersloot, seconded by Brosnan, and unanimously
adopted, this 1,481st Regular Meeting of the Council of the City of Livonia was
adjourned at 8 15 pm , January 29, 2003
oan McCotter, City Clerk