HomeMy WebLinkAboutCOUNCIL MINUTES 2001-12-03 33313
MINUTES OF THE ONE THOUSAND FOUR HUNDRED FIFTY-FOURTH
REGULAR MEETING OF DECEMBER 3, 2001
On December 3, 2001, the above meeting was held at the City Hall, 33000 Civic
Center Drive, Livonia, Michigan, and was called to order by the President of the Council at 8 00
p m Councilmember Pastor delivered the invocation
Roll was called with the following result: John Pastor, Brian Duggan, Joe Laura,
Jack Engebretson, Val I Vandersloot, John Walsh and Maureen Miller Brosnan
Absent: None
Elected and appointed officials present: Jack E Kirksey, Mayor; Robert Schron,
City Engineer; Robert Beckley, Director of Public Works, Mark Taormina, City Planner; Sean
Kavanagh, City Attorney; Karen Tesner, Assistant City Clerk, Karen Szymula, Director of
Legislative Affairs and Ian Wilshaw, Traffic Commission
On a motion by Duggan, seconded by Pastor, it was
CR 748-01 RESOLVED, that the minutes of the 1,453rd Regular Meeting of
the Council held November 21, 2001 are hereby approved as submitted
A roll call vote was taken on the foregoing resolution with the following result:
AYES Pastor, Duggan, Laura, Engebretson, Walsh and Brosnan
NAYS None
PRESENT Vandersloot
During the audience communication portion of the agenda, Council President
Brosnan announced that she is expecting another baby, due in May, 2002
A communication from the Public Service Division, dated November 28, 2001,
re a summary, by section, of the homes that still utilize septic systems in the City of Livonia,
that number being 182 homes, was received and placed on file for the information of the
Council (Agenda Item#2)
A communication from the Public Service Division, dated November 28,
2001, re a list of references for J H Hart Urban Forestry, the company that is being
33314
awarded the City of Livonia bid for wood processing and disposal services, was
received and placed on file for the information of the Council (Agenda Item #4)
On a motion by Duggan, seconded by Vandersloot, it was
CR 749-01 RESOLVED, that having considered a communication from
the City Assessor, dated November 7, 2001, approved for submission by
the Mayor, with regard to a request from Lami Taweel of Taweel
Engineering Services, P C , on behalf of Mr and Mrs Said Warra, 8887
Floral, Livonia, Michigan 48150, and in accordance with the provisions of
1967 PA 288, as amended, as well as Section 18 46 of Ordinance 543, as
amended, the Council does hereby determine to deny the request for
dividing Tax Item No 46-144-01-0070-000 into two parcels since the
same would be in violation of the City's Zoning Ordinance and Law, as
well as for the reason that the proposed lot split would not be consistent
with good Planning and Zoning practice
CR 750-01 RESOLVED, that having considered a letter from H John
Allie, Partner, Allie Investment Co , 20295 Middlebelt, Livonia, Michigan
48152, dated September 5, 2001, and a communication from the Public
Utility Manager, Water and Sewer Board and the Director of Public Works,
dated November 13, 2001, which bears the signature of the Director of
Finance and is approved for submission by the Mayor, which transmits
Water and Sewer Board Resolution #WS 3388, adopted on November 1,
2001, with regard to the proposed installation of a sanitary sewer on
Fremont Avenue, South of Norfolk, the Council does hereby refer this
matter to the Engineering Department to prepare plans and specifications
and to solicit bids for this project; FURTHER, the Council does hereby
request that the Law and Engineering Departments take all steps
necessary to obtain any easements found to be necessary during the
design phase, FURTHER, the Council does hereby authorize the
utilization of proceeds from the 2000 Water and Sewer Revenue Bond to
pay for this work, the estimated cost of such project to be in the amount of
$42,400 00
A communication from the Office of the Mayor, dated November 9, 2001,
Administrative Response — re the encroachment of SPREE activities onto residential
properties on Stamford Street and Stark Road, was received and placed on file for the
information of the Council (CR 435-01)
CR 751-01 RESOLVED, that having considered the report and
recommendation of the Superintendent of Public Service and the Director
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of Public Works, dated November 2, 2001, which bears the signature of
the Director of Finance and is approved for submission by the Mayor, the
Council does hereby accept the unit price bid of J H Hart Urban
Forestry, P 0 Box 222, Birmingham, Michigan 48012, for supplying the
Public Service Division with wood processing and disposal services for
the period January 1, 2002 through December 31, 2003, for the
estimated total cost of $41,510 00 based upon the Public Service
Division's estimate of units involved, and subject to a final payment based
upon the actual units completed in accordance with the unit prices
accepted herein, said estimated cost and unit prices having been in fact
the lowest bid received and meets specifications, and the Mayor and City
Clerk are hereby authorized to execute a contract for and on behalf of the
City of Livonia with the aforesaid bidder and to do all other things
necessary or incidental to the full performance of this resolution
A communication from the Department of Law, dated October 4, 2001, re
additional costs incurred in connection with Old Rosedale Gardens Special Assessment
Street Improvement, was received and placed on file for the information of the Council
(CR 533-01)
A communication from the Department of Law, dated November 14, 2001,
re City policies as to the manner in which contracts and payment arrangements are
negotiated, was received and placed on file for the information of the Council (CR 534-
01)
A communication from the Engineering Division, dated September 28,
2001, re an interim report on the condition of pavement on Elmira and Orangelawn
relative to the Old Rosedale Gardens Special Assessment Street Improvement Project,
was received and placed on file for the information of the Council (CR 535-01)
CR 752-01 RESOLVED, that having considered the report and
recommendation of the Director of Public Works and the City Engineer,
dated October 30, 2001, which bears the signature of the Director of
Finance, is approved by the Chairman of the Water and Sewer Board and
is approved for submission by the Mayor, the Council does hereby accept
the unit price bid of lnsituform Technologies USA, Inc., 1950 Sequoia
Trail, Owosso, Michigan 48867, for completing all work required in
REVISED - SEE BOLD PRINT 33316
connection with the Merriman Road and Middlebelt Road Sanitary Sewer
Relining Project (Contract 01-N) for the estimated total cost of
$141,845 00, based on the Engineering Division's estimate of units
involved, and subject to a final payment based upon the actual units
completed in accordance with the unit prices accepted herein, said
estimated cost and unit prices having been in fact the lowest bid received
for this item, FURTHER, the Council does hereby authorize an
appropriation and expenditure in the amount of$141,845 00 from Account
No 592-158-000 (Construction-in-Progress) for this purpose, with
reimbursement from the 2000 bond proceeds, and the Director of Public
Works is hereby authorized to approve minor adjustments in the work as it
becomes necessary; and the Mayor and City Clerk are hereby authorized,
for and on behalf of the City of Livonia, to execute a contract with the
aforesaid bidder and to do all other things necessary or incidental to the
full performance of this resolution
CR 753-01 RESOLVED, that having considered a communication from
the City Planning Commission, dated November 2, 2001, which transmits
its resolution 10-172-2001, adopted on October 30, 2001, with regard to
Petition 01-9-2-18, submitted by Nextel Communications requesting
approval to co-locate a cellular antenna on an existing Detroit Edison high
tension utility tower and to construct a 12' x 20' x 10' prefabricated
equipment shelter located on the north side of Ann Arbor Trail between
Levan Road and Angeline Circle in the Northwest 1/4 of Section 32, which
property is zoned RUF, the Council does hereby concur in the
recommendation made by the City Planning Commission and Petition 01-
9-2-18 is hereby approved and granted, subject to the following
conditions
1 That the Enlarged Site Plan/Elevation Plan, marked Sheet A-2,
prepared by Christopher Wzacny and Associates, Inc., with a
revision date of October 30, 2001, is hereby approved and shall be
adhered to,
2 That the equipment shelter building shall be constructed of full-face
four inch (4") brick on all four sides and with an asphalt shingled
gable roof;
3 That the landscaping shown on the above-referenced site plan shall
be installed to the satisfaction of the Inspection Department and
thereafter permanently maintained in a healthy condition,
4 That barbed wire shall not be allowed anywhere on the facility;
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5 That the specific plans referenced in this approving resolution shall
be submitted to the Inspection Department at the time the building
permits are applied for;
6 That the drive approach from the traveled edge of the road up to
the future right-of-way line shall be paved with asphalt or as
required by the City Engineering Division, and
7 That three (3) additional Austrian Pines shall be planted along the
northwest corner so they will block the view of the cellular tower
from neighboring homes as directed by the Planning Commission
CR 754-01 RESOLVED, that having considered a communication from
the City Planning Commission, dated November 2, 2001, which transmits
its resolution 10-174-2001, adopted on October 30, 2001, with regard to
Petition 01-10-2-20, submitted by Arbor Drugs, Inc. d/b/a CVS Pharmacy
#8015 requesting waiver use approval to transfer SDM license #17038
currently at 29553 Five Mile Road to 29500 Five Mile Road located on the
north side of Five Mile Road between Middlebelt Road and Hidden Lane
(29500 Five Mile Road) in the Southeast 1/4 of Section 14, which property
is zoned C-2, the Council does hereby concur in the recommendation
made by the City Planning Commission and Petition 01-10-2-20 is hereby
approved and granted, subject to the waiving of the 500 foot separation
requirement relative to SDM licenses as set forth in Section 11 03(r)(1) of
the Zoning Ordinance No 543 for the following reasons
1 That the proposed use is in compliance with all of the general
waiver use standards and requirements as set forth in Section
19 06 of the Zoning Ordinance No 543,
2. That the subject site has the capacity to accommodate the
proposed use,
3 That the proposed use is compatible to and in harmony with the
surrounding uses in the area, and
4 That the granting of this petition will not increase the number of
SDM licensed facilities in the general area
A roll call vote was taken on the foregoing resolutions with the following result:
AYES Pastor, Duggan, Laura, Engebretson, Vandersloot, Walsh and
Brosnan
NAYS None
Councilmember Duggan left the podium at 8.07 p m due to a conflict or interest.
33318
On a motion by Engebretson, seconded by Walsh, and unanimously
adopted, it was
CR 755-01 RESOLVED, that having considered the report and
recommendation of the Water, Sewer and Waste Committee, dated
November 14, 2001, submitted pursuant to Council Resolution 808-00,
regarding a request from Estate Millcreek L L C , dated October 20, 2000,
that the City grant a sanitary sewer easement over City-owned property
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
dedicate and establish for sanitary sewer purposes only the following
described easement:
That part of the North 1/2 of Section 10, T 1S , R.9E., City of
Livonia, Wayne County, Michigan more particularly
described as commencing at the Southeast corner of lot 119,
Argyle Park Subdivision, as recorded in Liber 54, Page 79,
Wayne County Records and proceeding thence North
89°44'30" East, 79 38 feet; thence North 00°38'35" West,
301 89 feet; thence North 89°44'30" East, 95210 feet;
thence South 00°39'00" East, 30 00 feet; thence South
89°44'30" West, 922 10 feet; thence South 00°38'35" East,
301 89 feet; thence South 89°44'30" West, 109 38 feet;
thence North 00°38'48" West, 30 00 feet to the point of
beginning Containing 0 918 acres
and the Council does further request that the Wayne County Bureau of
Taxation record such easement dedication on all maps issued by that
office, and FURTHER, the City Clerk is hereby requested to have a
certified copy of this resolution recorded in the Wayne County Register of
Deed's Office
Councilmember Duggan returned to the podium at 8 08 p m
A communication from the Public Service Division, dated November 30,
2001, re an amendment to the Contract for the Storm Water Management Study that
clarifies the change of scope and cost in this study, was received and placed on file for
the information of the Council
On a motion by Engebretson, seconded by Duggan, and unanimously
adopted, it was
33319
CR 756-01 RESOLVED, that having considered the report and
recommendation of the Water, Sewer and Waste Committee, dated
November 14, 2001, submitted pursuant to Council Resolution 44-99, and
the report and recommendation of the Director of Public Works, dated
November 30, 2001, with respect to the Stormwater Management Study
Project, the Council does hereby approve the changes to the Scope of
Services for the Stormwater Management Study Contract between the
City of Livonia and the Joint Venture of Hubbell, Roth & Clark, Inc , 555
Hulet Drive, Bloomfield Hills, Michigan 48303, and Orchard, Hiltz &
McCliment, Inc., 34935 Schoolcraft Road, Livonia, Michigan 48150, and
does hereby authorize an amendment to the contract by expanding the
Scope of Services to be performed to include Design Services for the Idyl
Wyld Retention Basin Project as described in the letter from the Joint
Venture dated November 19, 2001, FURTHER, the Council does hereby
appropriate and authorize the expenditure of a sum not to exceed
$98,000 00 from the Unexpended Fund Balance of the Water and Sewer
Fund (592) for this purpose, with the understanding that these funds shall
be reimbursed from the State of Michigan Clean Michigan Grant Funds,
FURTHER, any federal grant funds received for eligible work completed
under the Stormwater Management Study will be returned to the Water
and Sewer Fund, and the Mayor and City Clerk are hereby authorized to
execute an amendment to the existing contact, for and on behalf of the
City of Livonia, with the aforesaid Joint Venture, subject to approval as to
form by the Department of Law, and to do all things necessary or
incidental to the full performance of this resolution
On a motion by Engebretson, seconded by Duggan, and unanimously
adopted, it was
CR 757-01 RESOLVED, that having considered the report and
recommendation of the Water, Sewer and Waste Committee, dated
November 14, 2001, submitted pursuant to Council Resolution 44-99, and
the report and recommendation of the Director of Public Works, dated
November 30, 2001, with respect to the Stormwater Management Study
Project, the Council does hereby approve the changes to the Scope of
Services for the Stormwater Management Study Contract between the
City of Livonia and the Joint Venture of Hubbell, Roth & Clark, Inc., 555
Hulet Drive, Bloomfield Hills, Michigan 48303, and Orchard, Hiltz &
McCliment, Inc., 34935 Schoolcraft Road, Livonia, Michigan 48150, and
does hereby authorize an amendment to the contract by expanding the
Scope of Services to be performed to include Design Services for the
Street Waste Transfer Facility Project as described in the letter from the
Joint Venture dated November 19, 2001, FURTHER, the Council does
hereby appropriate and authorize the expenditure of a sum not to exceed
33320
$20,000 00 from the Unexpended Fund Balance of the Refuse Fund (205)
for this purpose, FURTHER, any federal grant funds received for eligible
work completed under the Stormwater Management Study will be returned
to the Refuse Fund, and the Mayor and City Clerk are hereby authorized
to execute an amendment to the existing contact, for and on behalf of the
City of Livonia, with the aforesaid Joint Venture, subject to approval as to
form by the Department of Law, and to do all things necessary or
incidental to the full performance of this resolution
On a motion by Duggan, seconded by Pastor, and unanimously adopted,
it was
CR 758-01 RESOLVED, that having considered the report and
recommendation of the Committee of the Whole, dated November 19,
2001, submitted pursuant to Council Resolution 171-00, and a letter from
the Department of Law, dated November 13, 2001, approved for
submission by the Mayor, pertaining to a proposed amendment to Council
Resolution 573-01, the Council does hereby amend and revise Council
Resolution 573-01 so as to have the same read as follows
RESOLVED, that having considered a letter from the Department of
Law, dated November 13, 2001, which bears the signature of the
Director of Finance and is approved for submission by the Mayor,
pertaining to a proposed amendment to Council Resolution 573-01,
to which is attached a Real Estate Sales Agreement (the
"Agreement"), the Council does hereby accept the offer of Quality
Metalcraft, Inc , 33355 Glendale, Livonia, Michigan 48150, to
purchase certain City-owned property in the Northwest 1/4 of
Section 27, further described as
That part of the Northwest 1/4 of Section 27, Town 1
South, Range 9 East, City of Livonia, Wayne County,
Michigan more particularly described as beginning at a
point distant South 00°06'20" West, 825 00 feet and
North 89°35'30"West, 1,326 76 feet and South 00°20'30"
West, 963 00 feet from the North 1/4 corner of Section 27
and proceeding thence South 89°12'20" East, 258 75
feet; thence South 00°20'30" West, 325 00 feet; thence
North 89°12'20" West, 258 75 feet; thence North
00°20'30" East, 325 00 feet to the point of beginning.
Containing 1 930 Acres
for the sum of $275,000 00, subject to execution of a Real Estate
Sales Agreement substantially in the form of the Agreement; and
the Department of Law is requested to negotiate, prepare and place
33321
in proper form such Real Estate Sales Agreement, Quit Claim Deed
and such other documents as may be necessary or incidental to
fulfill the purpose of this resolution, and the Mayor and City Clerk
are hereby requested to execute such Real Estate Sales
Agreement, Quit Claim Deed, and such other documents as may
be necessary, subject to approval as to form by the Department of
Law, as well as to do all other things necessary or incidental to the
full performance of this resolution, FURTHER, the Council does
hereby direct that the net proceeds from the sale of this property be
deposited into the Capital Improvement •Fund (401) for future
capital improvement projects
On a motion by Walsh, seconded by Duggan, and unanimously approved,
it was
CR 759-01 RESOLVED, that having considered the report and
recommendation of the Legislative Committee, dated November 20, 2001,
submitted pursuant to Council Resolution 403-01, the Council does hereby
take this means to indicate its support for H R 432 and 433, introduced by
Congressman John Dingell, to restore state and local control over the time
periods that trains may block roadways at grade crossings, FURTHER,
the Council does hereby request that copies of this resolution be
forwarded to Congressman Dingell, U S Senator Debbie Stabenow, U S
Senator Carl Levin, U S Representative Joe Knollenberg, U S
Representative Lynn Rivers, the Michigan Municipal League State and
Federal Affairs Division and the Conference of Western Wayne
A communication from the Department of Law, dated November 19, 2001
re comparing the wording of State law relative to the leashing of dogs with the City of
Livonia Ordinance, was received and placed on file for the information of the Council
(CR 625-01)
The following persons were present at the meeting and spoke in favor of amending
the present City Ordinance so that a leash law would be mandatory.
Carl Quist, 16942 Yorkshire, 48154 — also would like a dog park established
Peggy Fisher-Kmieciak, 36122 Allen Avenue, 48154
Ralph Williams, 18630 Foch, 48152
The following persons were present at the meeting and spoke in opposition to
amending the present City Ordinance
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Gina Fournier, 9928 Sunset, 48150
Gary Swain, 8930 Frederick, 48150
Bernard Moshel, 32674 Myrna, 48154
Terry Stevens, 18525 Parklane, 48152
Joyce Kubrak, 14224 Melvin, 48154
Bob McNall, 31640 Bobrich, 48152
Thomas Mausolf, 18005 Ventura Ct., 48152
The following persons spoke in favor of establishing a dog park.
Nora Creighton, 30918 Bobrich, 48152
Bruce Bacon, 29461 Linda, 48154
On a motion by Walsh, seconded by Laura, it was
RESOLVED, that having considered the report and
recommendation of the Legislative Committee, dated November 20, 2001,
submitted pursuant to Council Resolution 626-01 and a request from John
D Gleason, dated September 10, 2001 , the Council does hereby request
that the Department of Law prepare an appropriate Ordinance
Amendment to Chapter 6 04 of the Livonia Code of Ordinances (Dogs) for
submission to Council which would require dogs to be on a leash when off
the premises of the owner
A roll call vote was taken on the foregoing resolution with the following result:
AYES Laura, Engebretson and Brosnan
NAYS Pastor, Duggan, Vandersloot and Walsh
The President declared the resolution failed
A communication from Gina Fournier, 9928 Sunset, Livonia, 48150, dated
November 21, 2001, re her opposition to a change in a City ordinance relative to dogs
being under "reasonable control", was received and placed on file for the information of
the Council (CR 626-01)
On a motion by Walsh, seconded by Pastor, it was
CR 760-01 RESOLVED, that having considered the report and
recommendation of the Legislative Committee, dated November 20, 2001,
submitted pursuant to Council Resolution 626-01, the Council does hereby
33323
refer the subject of the establishment of "dog parks" in the City to the
Administration for its report and recommendation
A roll call vote was taken on the foregoing resolution with the following result:
AYES Pastor, Duggan, Laura, Vandersloot and Walsh
NAYS Engebretson and Brosnan
The President declared the resolution passed
A communication from Gordon St. John, dated November 30, 2001, re
stating his opposition to changing the City's dog ordinance to a leash law, was
received and placed on file for the information of the Council (CR 626-01)
A memorandum received on December 3, 2001 re phone call from
Marie Plester, 29580 Hathaway, Livonia, 48150 wherein she stated that she in favor
of Livonia adopting a leash law for dogs, was received and placed on file for the
information of the Council (CR 626-01)
On a motion by Walsh, seconded by Pastor, it was
RESOLVED, that having considered the report and
recommendation of the Legislative Committee, dated November 20, 2001,
submitted pursuant to Council Resolution 626-01, and a request from
John D Gleason, dated September 10, 2001, to modify the City's dog
leash ordinance to require dogs to be on a leash when off the premises of
the owner, the Council does hereby determine to take no further action
with regard to this matter
Upon clarification that the above resolution would not be necessary to have this matter
taken out of the Legislative Committee, Councilmember Walsh withdrew his motion and
Councilmember Pastor withdrew his support of the motion
A communication from the Office of the Mayor, dated November 19, 2001,
re his recommendation that the City supplement employee-reservists military salaries
and award appropriate benefits while they are performing extended military service for a
33324
period of one year, was received and placed on file for the information of the Council
(CR 622-01)
On a motion by Walsh, seconded by Laura, and unanimously adopted,
it was
CR 761-01 RESOLVED, that having considered the report and
recommendation of the Legislative Committee, dated November 20, 2001,
submitted pursuant to Council Resolution 621-01, and the report and
recommendation of the Mayor, dated November 19, 2001, with regard to
compensation for City employees when involuntarily activated for military
duty, the Council does hereby approve the recommendation of the
Administration in this regard and hereby refers this matter to the Civil
Service Department to take all steps necessary to implement such
recommendation, FURTHER, the Council does hereby refer the subject of
funding sources for such compensation to the Director of Finance for a
report and recommendation
Councilmember Walsh left the podium at 9 01 p m due to a conflict of interest.
On a motion by Duggan, seconded by Engebretson, and unanimously
adopted, it was
CR 762-01 RESOLVED, that having considered a letter from Jill F
O'Sullivan, Vice President for Finance and Business Services, Schoolcraft
College, dated November 15, 2001, and the report and recommendation
of the Director of Inspection, dated November 26, 2001, regarding a
request to waive the amount of Livonia construction permit fees exceeding
the amount the State of Michigan would charge for its construction permit,
the Council does hereby approve a 50% reduction in permit fees for
Schoolcraft College in accordance with Section 15 56 020(k) of the Livonia
Code of Ordinances, as amended, FURTHER, the Council does hereby
authorize a refund to Schoolcraft College in the amount of $35,330 00
($34,280 00 from Account No 101-000-504-000 (Building Permits) and
$1,050 00 from Account No 101-000-519-000 (Plan Review & Zone) for
Permit and Plan Review fees paid to the City in connection with new
construction and renovation of an existing building
Councilmember Walsh returned to the podium at 9 02 p m
On a motion by Laura, seconded by Duggan, and unanimously adopted, it
was
33325
CR 763-01 RESOLVED, that having considered a communication from
the City Planning Commission, dated November 2, 2001, which transmits
its resolution 10-173-2001, adopted on October 30, 2001, with regard to
Petition 01-9-2-19, submitted by Joel House, on behalf of Iron Tree, Inc
d/b/a The CAT Rental Store, requesting waiver use approval to operate a
light construction equipment rental and sales facility with outdoor display
and storage on property located on the north side of Plymouth Road
between Farmington and Stark Roads in the Southeast 1/4 of Section 28,
which property is zoned C-2 and M-1, the Council does hereby refer this
item to the Committee of the Whole for its report and recommendation
A communication from Joel House, President of the CAT Rental Store,
24460 Novi Road, Novi, MI 48375, dated November 27, 2001, re a clarification of the
items that he is requesting in his waiver use petition, was received and placed on file for
the information of the Council (Petition 01-9-2-19
On a motion by Walsh, seconded by Vandersloot, and unanimously
adopted, it was
CR 764-01 WHEREAS, pursuant to Act No 198 of the Public Acts of
1974, as amended, this Council has the authority to establish industrial
development districts within the boundaries of the City of Livonia, and
WHEREAS, a proposal was made regarding the establishment of an
industrial development district encompassing land situated in the City of
Livonia and comprised of an area of approximately 14 38 acres of property
located in the Victor Corporate Park, in the Southeast 1/4 of Section 6,
more particularly described in Exhibit A, attached hereto and incorporated
by reference herein, which area is hereinafter referred to as "City of
Livonia Industrial Development District No 85", and
WHEREAS, written notice has been given by certified mail to Pinnacle
Auburn Hills, LLC of the Council's pending action on this resolution and of
its right to a hearing on the establishment of proposed City of Livonia
Industrial Development District No 85, and
WHEREAS, notice has been given to all interested owners, residents and
taxpayers in the Livonia area of a public hearing on the establishment of
the proposed City of Livonia Industrial Development District No 85, and
WHEREAS, on November 14, 2001 a public hearing was held on the
establishment of proposed City of Livonia Industrial Development District
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No 85, at which time Pinnacle Auburn Hills, LLC and other taxpayers and
residents of the City of Livonia had an opportunity to be heard (a copy of
the statements both written and oral made at such hearing being on file
with this City Council), and a representative of Pinnacle Auburn Hills, LLC
attended said hearing and acknowledged receipt of notice of such hearing
on behalf of the said corporation,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
LIVONIA, AS FOLLOWS
1 An Industrial Development District is hereby established, such
district to consist of the area described in Exhibit A, attached
hereto
2 Such Industrial Development District is hereby designated as the
"City of Livonia Industrial Development District No 85 "
EXHIBIT A
Part of the Southeast 1/4 of Section 6 Town 1 South, Range 9 East, City of
Livonia, Wayne County, Michigan, more particularly described as follows
Commencing at the south 1/4 corner of Section 6, thence along the South
line of said Section 6 North 88 degrees 03 minutes 03 seconds East
791 00 feet; thence North 01 degrees 56 minutes 57 seconds West
100 00 feet to the East Right of Way line of 1-275 and the North Right of
Way line of Seven Mile Road, thence along the East Right of Way line of
10275 the following four (4) courses, North 46 degrees 56 minutes 57
seconds West 176 78 feet, North 01 degrees 56 minutes 57 seconds West
182 04 feet, North 28 degrees 18 minutes 53 seconds West 214 18 feet,
North 54 degrees 41 minutes 00 seconds West 454 09 feet to the point of
beginning, continuing thence along the East Right of Way line of 1-275, the
following five (5) courses, North 54 degrees 41 minutes 00 seconds West
67 11 feet, North 45 degrees 10 minutes 07 seconds West 245 79 feet,
North 26 degrees 08 minutes 28 seconds West 245 79 feet, North 16
degrees 35 minutes 10 seconds West 369 12 feet and to a curve to the
left, having a Radius of 5963 58 feet and a Central Angle of 02 degrees 10
minutes 06 seconds, thence along the Arc of said curve to the left, 225 69
feet, said Arc subtended by a Chord which bears North 19 degrees 02
minutes 26 seconds West 225 68 feet; thence North 87 degrees 31
minutes 43 seconds East 685 97 feet to a point on the Westerly Right of
Way line of Victor Parkway (60 feet wide) and to a point of intersection
with a non-tangent curve, having a Radius of 550 00 feet and a Central
Angle of 55 degrees 01 minutes 18 seconds, thence along said line the
following two (2) courses, the Arc of said curve to the left 528 17 feet, said
Arc subtended by a Chord which bears south 32 degrees 43 minutes 11
seconds East 508 11 feet to a point of reverse curvature with a curve,
having a Radius of 330 00 feet and a Central Angle of 15 degrees 14
33327
minutes 41 seconds, thence along the Arc of said curve to the right 87 80
feet, said Arc subtended by a Chord which bears South 52 degrees 36
minutes 28 seconds East 87 55 feet to the point of intersection with a non-
tangent line, thence South 45 degrees 00 minutes 51 seconds West 55 77
feet; thence South 73 degrees 24 minutes 50 seconds West 118 17 feet;
thence South 16 degrees 35 minutes 10 seconds East 259 39 feet; thence
South 88 degrees 03 minutes 03 seconds West 34 11 feet; thence South
01 degrees, 56 minutes 57 seconds East 36 18 feet; thence South 88
degrees 03 minutes 03 seconds West 7311 feet; thence South 01
degrees 56 minutes 57 seconds east 24 00 feet; thence South 88 degrees
03 minutes 03 seconds West 334 11 feet; thence South 01 degrees 41
minutes 47 seconds East 151 91 feet to the point of beginning
Tax Item No 46-024-99-0001-001
On a motion by Duggan, seconded by Pastor, and unanimously adopted,
it was
CR 765-01 RESOLVED, that the Council does hereby suspend their
rules for procedure as outlined in Council Resolution 574-82 so as to
permit consideration of items that do not appear on the agenda
On a motion by Duggan, seconded by Pastor, and unanimously adopted,
it was
CR 766-01 RESOLVED, that having considered the report and
recommendation from the Director of Public Works and the City Engineer,
dated November 19, 2001, approved for submission by the Mayor, and the
report and recommendation of the Department of Law, dated November
28, 2001, approved for submission by the Mayor, with regard to a
Telecommunications Permit Application submitted by Livonia Public
Schools, requesting approval for the installation of approximately 28 miles
of aerial cable that includes 5 75 miles on major roads, 1,150 feet on local
roads, and the balance within easement areas, as more particularly
described in the attachment to the Permit Application, the Council does
hereby designate Wednesday, January 9, 2002, at 7 00 p m as the date
and time for conducting a Public Hearing with regard to whether or not to
approve such Permit Application, such Hearing to be held at the City Hall,
33000 Civic Center Drive, Livonia, Michigan, and the City Clerk is hereby
requested to do all things necessary in order to give proper notice in
writing, as well as by the publication of a notice in the City's official
newspaper of such Hearing and the date and place thereof, in compliance
with the requirements set forth in Section 12 06 050G of the Livonia Code
of Ordinances, as amended
33328
Terry Herdman, representing Livonia Public School, was present at the meeting and
stated that he would appreciate a favorable vote on the schools' request for a
Telecommunications Permit.
Donna Mulcahy, 30850 Robert Drive, Livonia, 48150, asked the Council to provide a
clearer definition of "reasonable control" as it relates to the City's Ordinance regarding
dogs, and stated that she felt parks were for people only Ms Mulcahy was reminded
that this matter had already been addressed at an earlier portion of the Council meeting
On a motion by Pastor, seconded by Duggan, and unanimously adopted,
this 1,454th Regular Meeting of the Council of the City of Livonia was adjourned at 9 15
p m , December 3, 2001
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Joan McCotter, City Clerk