HomeMy WebLinkAboutCOUNCIL MINUTES 2002-01-16 33358
MINUTES OF THE ONE THOUSAND FOUR HUNDRED FIFTY-SIXTH
REGULAR MEETING OF JANUARY 16, 2002
On January 16, 2002, the above meeting was held at the City Hall, 33000
Civic Center Drive, Livonia, Michigan, and was called to order by the President of the
Council at 8 00 p m Council Vice-President Knapp delivered the invocation
Roll was called with the following result. Don Knapp, Val Vandersloot,
Linda Dolan, Gerald Taylor, Joe Laura, Maureen Miller Brosnan 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, Barbara
Lewis, City Librarian, Kevin Roney, Public Utility Manager; Ron Reinke, Superintendent
of Parks and Recreation and Jeff Bryant, Director of Economic Development.
On a motion by Brosnan, seconded by Vandersloot, it was
CR 1-02 RESOLVED, that the minutes of the 1,455th Regular Meeting
of the Council held December 19, 2001 are hereby approved as
submitted
AYES Vandersloot, Laura, Brosnan and Engebretson
NAYS None
PRESENT Knapp, Dolan and Taylor
The President declared the resolution duly adopted
During the audience communication portion of the agenda, Mary Ellen Rooker,
17391 Louise, Livonia, 48152, spoke to the Council and voiced her opposition to the
Rental Home Ordinance Inspection which involves payment of license fees and
inspection of her rental property at 29950 Bobrich, Livonia, 48152
Councilmember Taylor thanked Kevin Roney, Public Utility Manager, for the
information submitted by him to the Council regarding water meters, and he also
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thanked the Law Department for the information that was submitted regarding Bogart's
Billiards and Café
Councilmember Taylor reminded everyone of the First Step Dance that will take
place on February 1, 2002, at Burton Manor
A communication from Bill and Mary Rooker, 17391 Louise, Livonia,
48152, dated January 15, 2002, re rental property at 29950 Bobrich and her request
for exemption of rental license fees and inspection for this property, was received and
placed on file for the information of the Council
A communication from the Department of Law, dated December 17, 2001,
re Nichols & Vann Media Group, LLC v City of Livonia, Wayne County Circuit Court
Case No 01-112795NZ, was received and placed on file for the information of the
Council
A communication from the Office of the Mayor, dated December 11, 2001,
re Annual Report for the City of Livonia for the fiscal year 2000-2001, was received
and placed on file for the information of the Council
A communication from the Department of Law, dated January 10, 2002,
re the necessity of obtaining an Entertainment Permit to sponsor pool tournaments if
the cash prizes exceed $250 00, relative to a request from Bogarts Billiards & Café,
30282 Plymouth Road, Livonia, 48150, was received and placed on file for the
information of the Council (Agenda item #9)
A Letter of Understanding between Bogarts Billiards & Café, Inc., 30282
Plymouth Road, Livonia, 48150, and the City of Livonia, dated January 14, 2002, re
request for an Entertainment Permit to allow pool tournaments with cash prizes as
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permitted under the Michigan Liquor Control Commission rules, was received and
placed on file for the information of the Council (Agenda item #9)
A communication from the Public Service Division, dated January 11,
2002, re the reasonableness of the pricing of water meters being purchased by the
City of Livonia as compared to neighboring communities, was received and placed on
file for the information of the Council (Agenda item #14)
A communication from the Inspection Department, dated January 15,
2002, re the excess amount of seating at a carryout restaurant at 34733 Plymouth
Road, and property maintenance issues at this location, were received and placed on
file for the information of the Council (Petition 01-11-2-25) (Agenda item #20)
A communication from Rino Soave, 34822 Pembroke, Livonia, 48152 re
his desire to amend a rezoning petition to include only the easterly 66 feet of Lot 34 and
leaving Lot 33 to be rezoned as initially requested, was received and placed on file for
the information of the Council (Petition 01-10-1-11) (Agenda item 22a)
On a motion by Brosnan, seconded by Taylor, it was
CR 2-02 RESOLVED, that having considered the report and
recommendation of the Mayor, dated December 11, 2001, requesting the
approval of a salary adjustment for the Director of Emergency
Preparedness to $12,000 00 annually, effective January 1, 2002, 50% of
which amount historically has been funded by the State of Michigan Office
of Emergency Management, the Council does hereby concur in and
approve of such action
CR 3-02 RESOLVED, that having considered a communication from
the Mayor, dated December 18, 2001, the Council does hereby approve of
and concur in the appointment of Mr John Pastor, 31140 Lyndon, Livonia,
Michigan 48154, to the City Planning Commission to fill the unexpired
term of office of Linda Dolan, which term will expire on June 9, 2003,
provided that Mr Pastor takes the Oath of Office as required in Chapter X,
Section 2 of the City Charter, to be administered by the City Clerk.
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CR 4-02 RESOLVED, that having considered a communication from
the Mayor, dated December 18, 2001, the Council does hereby approve of
and concur in the appointment of Mr John Walsh, 35041 Pembroke,
Livonia, Michigan 48152, to the City Planning Commission, effective
March 1, 2002, which term will expire on June 9, 2004, provided that Mr
Walsh takes the Oath of Office as required in Chapter X, Section 2 of the
City Charter, to be administered by the City Clerk.
CR 5-02 RESOLVED, that having considered a communication from
the Mayor, dated December 18, 2001, wherein he has requested approval
of the appointment of Mr John Walsh, 18600 Haggerty Road, Livonia,
Michigan 48152, to the Livonia Plymouth Road Development Authority as
a representative of the Other Tax Entity in the District, representing
Schoolcraft College for a four-year term to fill the unexpired term of
Adelard (Butch) Raby, which term will expire May 16, 2005, pursuant to
Section 3 16 060 of the Livonia Code of Ordinances, as amended, and Act
No 197 of the Public Acts of Michigan of 1975, as amended, the Council
does hereby confirm and approve such appointment provided that Mr
Walsh takes the Oath of Office as required in Chapter X, Section 2 of the
City Charter, to be administered by the Office of the City Clerk.
CR 6-02 RESOLVED, that having considered a communication from
the City Assessor, dated November 14, 2001, which bears the signature of
the Director of Finance and is approved for submission by the Mayor, and
in accordance with Chapter VIII, Section 6 of the Charter of the City of
Livonia, the Council does hereby determine to approve the following dates
for the Board of Review to conduct Public Hearings in 2002, which Public
Hearings are to be conducted in the conference room of the City Assessor
on the first floor of the Livonia City Hall, 33000 Civic Center Drive, Livonia,
Michigan 48154
FIRST SESSION
Tuesday March 5, 2002 Organizational Meeting 1 30 p m -4 30 p m
Friday March 8, 2002 9.00 a.m - 12:00 p.m 1 30 p.m -4 30 p.m.
Saturday March 9, 2002 9.00 a m - 1.00 p.m
SECOND SESSION
Monday March 11, 2002 1.00 p.m -4.00 p.m 6.00 p m -9.00 p.m
Tuesday March 12, 2002 9.00 a.m - 1200. p.m 1 30 p m -4 30 p.m
FURTHER, the Council does hereby determine that the daily rate of
compensation to be paid to the members of the Board of Review shall be
$120 00 for the Chairperson and $100 00 for other members
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Pursuant to Public Act No 165, Public Acts of 1971, we hereby give notice
that the following tentative ratios and multipliers will be used to determine
the State Equalized Value (S E V ) for the year 2002
CLASS RATIO S.E.V. FACTOR (MULTIPLIER)
Agricultural 50 00 1 0000
Commercial 50 00 1 0000
Industrial 50 00 1 0000
Residential 50 00 1 0000
Personal 50 00 1 0000
CR 7-02 RESOLVED, that having considered the report and
recommendation of the Director of Finance, dated December 18, 2001,
approved for submission by the Mayor, with respect to the bid received for
the sale of City-owned property located at 28024 Joy Road, the Council
does hereby reject the bid received on December 17, 2001, in connection
with this item, the action herein being taken for the reasons indicated in
the aforesaid communication
CR 8-02 RESOLVED, that having considered the report and
recommendation of the City Librarian, dated November 30, 2001,
reviewed by the Director of Finance, Director of Public Works, City
Engineer, Planning Director and the Superintendent of Parks and
Recreation, and approved for submission by the Mayor, wherein approval
is requested for the alteration of the Noble Library parking lot to prevent
vehicles from speeding through the parking lot and for the safety of
pedestrians and library patrons, the Council does hereby approve of the
alteration of the Noble Library parking lot and hereby authorizes the
Department of Public Works to proceed with the design and construction
of this project to extend a curbed area across the width of the parking lot,
the cost of which will come from the 2002 Library budget.
CR 9-02 RESOLVED, that having received a letter from Robert Waite,
President, ABC Cab, Inc , 36977 Amrhein, Livonia, Michigan 48150, dated
November 6, 2001, requesting approval to increase the number of taxicab
licenses to 25 (15 licenses were approved in Council Resolution 316-01)
and having considered the report and recommendation of the Chief of
Police, dated December 11, 2001, approved for submission by the Mayor,
the Council does hereby approve this request for reasons of public
convenience and necessity and does hereby authorize the issuance of a
license to ABC Cab, Inc , to operate twenty-five (25) taxicabs in the City of
ii Livonia, and the City Clerk is hereby requested to do all things necessary
or incidental to the full performance of this resolution
CR 10-02 RESOLVED, that having considered a letter from the
Michigan Liquor Control Commission, dated May 1, 2001, and the report
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and recommendation of the Chief of Police, dated December 17, 2001,
approved for submission by the Mayor, the Council does hereby approve
of the request from Bogart's Billiards & Café, Inc , for a new Entertainment
Permit to be held in conjunction with a 2001 Class C Licensed Business
located at 30282 Plymouth Road, Livonia, Michigan 48150, Wayne
County; and the City Clerk is hereby requested to forward a certified copy
of this resolution to the Michigan Liquor Control Commission
CR 11-02 RESOLVED, that having considered the report and
recommendation of the Director of Housing, dated November 28, 2001,
which bears the signature of the Director of Finance and is approved for
submission by the Mayor, the Council does hereby accept the bid of
Jordan Restorations, Inc., 17550 Floral, Livonia, Michigan 48152, for
completing all work required with respect to the rehabilitation of a vacant
City-owned home located at 11784 Arcola, for the total price of
$27,331 00, the same having been in fact the lowest bid received and
meets all specifications, FURTHER, the Council does hereby authorize
the expenditure of funds already budgeted for this purpose in the amount
of $27,331 00 from Account No 240-832-987-000 (CDBG), and the
Director of Housing is hereby authorized to approve minor adjustments in
the work as it becomes necessary; and the Director of Housing is 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
CR 12-02 RESOLVED, that having considered the report and
recommendation of the Superintendent of Parks and Recreation, dated
December 14, 2001, which bears the signature of the Director of Finance
and the Information Systems Manager, and is approved for submission by
the Mayor, the Council does hereby authorize the purchase of a computer
software upgrade from RecWare, part of the Active Network, Inc., 937
Enterprise Drive, Sacramento, California 95825 for the Department of
Parks and Recreation to accommodate the use of credit cards and selling
of annual passes for the Community Center, in the amount of $33,745 00,
FURTHER, the Council does hereby authorize the expenditure of the sum
of $33,745 00 from funds already budgeted in Account No 208-755-987-
000 for this purpose, FURTHER, the Council does hereby authorize the
purchase of said item 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 13-02 RESOLVED, that having considered the report and
recommendation of the Director of Community Resources, dated
December 13, 2001, which bears the signature of the Director of Finance
and is approved for submission by the Mayor, the Council does hereby
tow
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approve an increase in fees for the Community Gardens Program at
Greenmead from $15 00 per plot to $20 00 per plot beginning in the spring
of 2002, and the Director of Community Resources is hereby requested to
do all things necessary or incidental to the full performance of this
resolution
CR 14-02 RESOLVED, that having considered the report and
recommendation of the Director of Community Resources, dated
December 13, 2001, which bears the signature of the Director of Finance,
is approved by the City Attorney and is approved for submission by the
Mayor, to which is attached a Specialized Services Operating Assistance
Program Third Party Contract to provide lift-equipped transportation to
senior and disabled residents for the period October 1, 2001 through
September 30, 2002, the Council does hereby accept the renewal grant o
$16,454 00 for this purpose, FURTHER, the Council does hereby
authorize the Mayor and City Clerk, for and on behalf of the City of
Livonia, to execute the said agreement with SMART for support of this
Specialized Services (Lift-Equipped) Transportation Program, provided
that the Agreement is approved as to form by the Department of Law
CR 15-02 RESOLVED, that having considered a communication from
the Water and Sewer Board, dated December 4, 2001, which bears the
signature of the Director of Finance and is approved for submission by the
Mayor, and which sets forth Water and Sewer Board Resolution WS 3390
12/01, the Council does hereby accept the proposal dated November 6,
2001, from lnvensys Metering Systems, Inc , 1501 Ardmore Boulevard,
Pittsburgh, Pennsylvania 15221, to supply small diameter water meters,
compound water meters and fire line meters and testers for the period
January 1, 2002 through December 31, 2004, at the unit prices quoted
which represent an increase of three percent (3%) for 2002 and 2003, and
which will be increased in an amount not to exceed six percent (6%) for
2004 (based on documentable increases in production costs to Invensys
Metering Systems), FURTHER, the Council does hereby authorize such
action without competitive bidding for the reasons indicated in the
aforesaid communication, and such action is taken in accordance with the
provisions set forth in Section 3 04 140D4 of the Livonia Code of
Ordinances, as amended
CR 16-02 RESOLVED, that having considered the report and
recommendation of the Public Utility Manager and the Director of Public
Works, dated December 18, 2001, which bears the signature of the
Director of Finance and is approved for submission by the Mayor, wherein
it is requested that payment be made for the emergency repair of the large
diameter sanitary sewer crossing the Tarabusi Creek, the Council does
hereby authorize payment to Aristeo Construction Company, 12811
Farmington Road, Livonia, Michigan 48150 in the amount of $67,556 00
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for this purpose, FURTHER, the Council does hereby appropriate and
authorize the expenditure of the sum of$67,556 00 from Account No 592-
--158-000 (Construction in Progress) with reimbursement from the
proceeds of the 2000 Water and Sewer Revenue Bond to pay for this
work, FURTHER, the Council does hereby authorize such action without
competitive bidding for the reasons indicated in the aforesaid
communication, and such action is taken in accordance with the
provisions set forth in Section 3 04 140D1 of the Livonia Code of
Ordinances, as amended
CR 17-02 RESOLVED, that having considered the report and
recommendation of the City Engineer and the Director of Public Works,
dated November 28, 2001, which bears the signature of the Finance
Director, is approved by the Chairman of the Water and Sewer Board and
is approved for submission by the Mayor, regarding pavement, drive and
sidewalk repairs required in connection with the emergency sanitary sewer
repair on Edgewood Drive, north of Five Mile Road, the Council does
hereby appropriate and authorize the expenditure of the sum of
$53,705 90 from Account No 592---158-000 (Construction in Progress) to
be paid to Hard Rock Concrete, 38146 Abruzzi Drive, Westland, Michigan
48185, with reimbursement from the 2000 Bond proceeds for this work,
FURTHER, the Council does hereby authorize such action without
competitive bidding for the reasons indicated in the aforesaid
communication, and such action is taken in accordance with the
provisions set forth in Section 3 04 140D1 of the Livonia Code of
Ordinances, as amended
A communication from the Law Department, dated November 21, 2001,
re qualifications for Appraisal Professionals, was received and placed on file for the
information of the Council (CR 606-01)
CR 18-02 RESOLVED, that having considered a communication from
the City Planning Commission, dated December 12, 2001, which transmits
its resolution 12-195-2001, adopted on December 11, 2001, with regard to
Petition 01-10-3-2, submitted by Hunt's Ace Hardware requesting to
vacate a utility easement located on the south side of Seven Mile Road
and west of Myron Avenue in the Seven Mile Super Highway Subdivision
in the Northeast 1/4 of Section 9, the Council does hereby concur in the
recommendation of the City Planning Commission and does grant and
approve the said Petition 01-10-3-2, and the Department of Law is hereby
requested to prepare the necessary vacating ordinance in accordance
with this resolution
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CR 19-02 RESOLVED, that having considered a communication from
the City Planning Commission, dated December 12, 2001, which transmits
its resolution 12-196-2001, adopted on December 11, 2001, with regard to
Petition 01-10-2-24, submitted by Mid America Shows, Inc requesting
waiver use approval to conduct a carnival sponsored by the Livonia Mall
Merchants Association consisting of amusement rides, games and food
concessions from Thursday, March 28, 2002 through Sunday, April 7,
2002, inclusive, on property located on the north side of Seven Mile Road
between Middlebelt and Purlingbrook Roads in the Southeast 1/4 of Section
2, which property is zoned C-2, the Council does hereby concur in the
recommendation made by the City Planning Commission and Petition 01-
10-2-24 is hereby approved and granted, subject to the following
conditions
1 That the carnival shall be limited to the dates as specified by Mid
America Shows, Inc , which are March 28, 2002 through April 7,
2002, inclusive,
2 That the proposed carnival operation shall be confined to the area
as illustrated on the Site Plan submitted with this request;
3 That all rides, food concessions, booths and all other equipment
and apparatus relating to the operation of the carnival shall be
located at least 60 feet distant from the Seven Mile Road right-of-
way line,
4 That all trucks and other transportation equipment shall be parked
or stored within the northwesterly portion of the Livonia Mall parking
lot, but no closer than 100 feet from the west property line abutting
the Ziegler Place site or 250 feet from the south property line
abutting Hunters Brook Condominiums,
5 That there shall be no motors running on the stored trucks during
late hours, especially between 11 00 p m to 7 00 a m , including
motors on any refrigeration trucks,
6 That there shall be no living quarters at the location of the stored
trucks,
7 That the hours of operation of the carnival shall be as stated in a
letter dated October 14, 2001, from James K. Wegerly, Vice
President of Mid America Shows, Inc , which have been approved
by the Police Department, and
8 That access to fire hydrants be provided for the Fire Department
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CR 20-02 RESOLVED, that having considered a communication from
the City Planning Commission, dated December 12, 2001, which transmits
its resolution 12-197-2001, adopted on December 11, 2001, with regard to
Petition 01-11-2-25, submitted by Kamel Khuja requesting waiver use
approval to add 10 seats to a carryout restaurant (Pitabilities) on property
located on the south side of Plymouth Road between Laurel and Wayne
Roads in the Northwest 1/4 of Section 33, which property is zoned C-2, the
Council does hereby refer this item to the Committee of the Whole for its
report and recommendation
CR 21-02 RESOLVED, that having considered a communication from
the City Planning Commission, dated December 12, 2001, which transmits
its resolution 12-197-2001, adopted on December 11, 2001, with regard to
Petition 01-11-2-25, submitted by Kamel Khuja requesting waiver use
approval to add 10 seats to a carryout restaurant (Pitabilities) on property
located on the south side of Plymouth Road between Laurel and Wayne
Roads in the NorthwestV4 of Section 33, which property is zoned C-2, the
Council does hereby refer the question of already installed interior seating
to the Inspection Department for its report and recommendation
CR 22-02 RESOLVED, that having considered a communication from
the City Planning Commission, dated December 12, 2001, which transmits
its resolution 12-199-2001 adopted on December 11, 2001, with regard to
Petition 01-11-8-28 submitted by D & D Land Hold, requesting site plan
approval in connection with a proposal to construct a commercial building
on property located on the west side of Middlebelt Road between Seven
Mile Road and Bretton (19651 Middlebelt Road) in the Southeast 1/4 of
Section 2, pursuant to the provisions set forth in Section 18 47 of
Ordinance No 543, as amended, the Council does hereby concur in the
recommendation of the Planning Commission and Petition 01-11-8-28 is
hereby approved and granted, subject to the following conditions
1 That the Site and Landscape Plan, marked Sheet 1 dated
November 30, 2001, as revised, prepared by Urban Engineering
Company, is hereby approved and shall be adhered to,
2 That all disturbed lawn areas shall be sodded in lieu of
hydroseeding,
3 That underground sprinklers are to be provided for all landscaped
and sodded areas, and all planted materials shall be installed to the
satisfaction of the Inspection Department and thereafter
permanently maintained in a healthy condition,
4 That the Exterior Building Elevation Plans, marked Sheets 1 and 2,
both with a revision date of December 4, 2001, prepared by
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Alexander V Bogaerts & Associates, and subject to No 15 below,
are hereby approved and shall be adhered to,
5 That the brick used in the construction shall be full-face four inch
(4") brick, no exceptions,
6 That 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,
7 That all light standards shall be shielded from the adjacent
properties and shall not exceed 20 ft. in height;
8 That the petitioner shall correct to the Inspection Department's
satisfaction the following as outlined in the correspondence dated
November 16, 2001
a That the existing parking lot shall be repaired and resealed
and the entire parking lot shall be double striped,
b That all handicap spaces shall be identified and comply
with the Michigan Barrier Free Code,
c That curbs at the front parking facing the sidewalk shall be
installed,
9 That the petitioner shall correct to the Fire Department's
satisfaction the following as outlined in the correspondence dated
November 20, 2001
a That if the building is to be provided with an automatic sprinkler
system, a hydrant shall be located between 50 ft. and 100 ft.
from the Fire Department connection,
b That access around the building shall be provided for
emergency vehicles with a turning radius up to 45 ft. wall-to-wall
and a minimum vertical clearance of 131/2 ft.,
10 That only conforming signage is approved with this petition, and
any additional signage shall be separately submitted for review and
approval by the Planning Commission and City Council,
11 That the request to substitute the greenbelt along the west property
line for the required protective wall is hereby temporarily denied
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until such time that the abutting property to the west is developed,
at which time the owner of the property shall have the option of
either erecting the wall or coming back before the Planning
Commission and City Council for a permanent wall waiver;
12 That a variance, temporarily waiving the wall along the west
property line, shall be obtained from the Zoning Board of Appeals,
13 That based on the parking calculation, this building shall not be
allowed more than four (4) tenants at any one given time,
14 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; and
15 That stained impregnated blocks shall be installed on the south
side of the building and brick shall be utilized on the other three
sides, with EFIS along the top border, as reflected on the rendering
received by the Council on January 7, 2002
CR 23-02 RESOLVED, that in accordance with the provisions set forth
in Section 4 of Act 207 of the Public Acts of Michigan of 1921, as
amended, the City Zoning Act (MSA 5 2934, MCLA 125 584), as well as
Article XXIII of Ordinance 543, as amended, the Zoning Ordinance of the
City of Livonia, the Council does hereby determine that a Public Hearing
will take place before the City Council of the City of Livonia on Monday,
February 25, 2002 at 7 00 p m at the City Hall, 33000 Civic Center Drive,
Livonia, Michigan, with respect to the following items
(1) Petition 2001-10-01-11 submitted by Rino Soave for a change of
zoning of property located on the northeast corner of Wayne Road
and Pinetree Avenue in the Northwest '/ of Section 33 from RUF to
R-1, the City Planning Commission in its resolution 12-190-2001
having recommended to the City Council that Petition 01-10-1-11
be denied, and
(2) Petition 2001-10-01-12 submitted by Sam Baki for a change of
zoning of property located on the west side of Middlebelt Road
between Dover and Grandon Avenues in the Southeast 1/4 of
Section 35 from OS to RC, the City Planning Commission in its
resolution 12-191-2001 having recommended to the City Council
that Petition 01-10-1-12 be denied,
FURTHER, the City Clerk is hereby requested to, no less than fifteen (15)
days prior to the aforesaid date of said public hearing, cause to have a
statement indicating the (a) nature of the proposed amendment(s) to the
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Zoning Ordinance, and/or (b) location of the proposed change(s) of zoning
as set forth above, first to be published in the official newspaper of the City
or a newspaper of general circulation in the City of Livonia as well as to,
not less than fifteen (15) days prior to said public hearing, cause to have
notice to be given by certified mail to each public utility company and to
each railroad company owning or operating any public utility or railroad
within the districts or zones affected, and further, the City Clerk is
requested to do all other things necessary or incidental to the full
performance of this resolution
A roll call vote was taken on the foregoing resolutions with the following result.
AYES Knapp, Vandersloot, Dolan, Taylor, Laura, Brosnan and Engebretson
NAYS None
A communication from the Department of Finance, dated November 28,
2001, re summary of anticipated wage and benefit costs relative to the LAFF Union
Contract Agreement for the period December 1, 1999 through November 30, 2002, was
received and placed on file for the information of the Council (CR 18-00)
A communication from the Department of Law, dated December 11,
2001, re ZBA Performance — One Measure and ZBA Performance — Work Load, was
received and placed on file for the information of the Council (CR 737-00)
The Annual Report for 12-1-00 through 11-30-01 , Annual Report for 12-1-
99 through 11-30-00, ZBA Attendance from December 2000 through November 2001,
and ZBA activity for September, October and November 2001, prepared by the Zoning
Board of Appeals staff, was received and placed on file for the information of the
Council
On a motion by Brosnan, seconded by Laura, and unanimously adopted, it
was
CR 24-02 RESOLVED, that having considered the report and
�,�,., recommendation of the Committee of the Whole, dated December 11,
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2001, submitted pursuant to Council Resolution 737-00, regarding the
subject of the Zoning Board of Appeals' procedures and performances,
the Council does hereby refer the subject of the ZBA process of the City of
Dearborn to the Department of Law for its report and recommendation
On a motion by Brosnan, seconded by Laura, it was
RESOLVED, that having considered the report and
recommendation of the Committee of the Whole, dated December 11,
2001, submitted pursuant to Council Resolution 737-00, regarding the
subject of the Zoning Board of Appeals' procedures and performances,
the Council does hereby refer the subject of the percentage of
approvals/denials of Zoning Board of Appeal cases in other communities
to the Administration for its report and recommendation
A roll call vote was taken on the foregoing resolution with the following result:
AYES Knapp and Laura
NAYS Vandersloot, Dolan, Taylor, Brosnan and Engebretson
The President declared the motion failed for lack of support.
On a motion by Brosnan, seconded by Laura, and unanimously adopted, it
was
CR 25-02 RESOLVED, that having considered the report and
recommendation of the Committee of the Whole, dated December 11,
2001, submitted pursuant to Council Resolution 737-00, regarding the
subject of the Zoning Board of Appeals' procedures and performances,
the Council does hereby refer the subject of absentee problems of the
Zoning Board of Appeals with the possibility of substitution to the
Administration for its report and recommendation
A communication from Mayor Kirksey, dated November 20, 2001, to
Representatives John Stewart and Laura Toy and State Senator Thaddeus McCotter re
the subject of the publication of official Legal Notices and Ordinances in connection with
the designation of an official newspaper for the City, was received and placed on file for
the information of the Council (CR 46-00)
On a motion by Brosnan, seconded by Laura, and unanimously adopted, it
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was
CR 26-02 RESOLVED, that having considered the report and
recommendation of the Committee of the Whole, dated December 11,
2001, submitted pursuant to Council Resolution 46-00, regarding the
subject of publication of official legal notices and ordinances, the Council
does hereby determine to take no further action with regard to this matter
A communication from the Planning Department, dated October 16, 2001,
indicating that a valid protest exists and that a 3/4 majority roll call vote by the Council is
necessary for approval re Petition 00-06-01-13 submitted by Joseph Trupiano, on
behalf of the Marney Group, for a change of zoning of property located on the north side
of Five Mile Road between Foch Avenue and Green Lane Avenue, was received and
placed on file for the information of the Council
A communication from the Planning Department, dated January 15, 2002,
indicating that a valid protest still exists and that a 'la majority roll call vote by the
Council is necessary for approval re Petition 00-06-01-13 submitted by Joseph
Trupiano, on behalf of the Marney Group, for a change of zoning of property located on
the north side of Five Mile Road between Foch Avenue and Green Lane Avenue, was
received and placed on file for the information of the Council
Councilmember Laura took from the table, for second
reading and adoption, the following Ordinance
AN ORDINANCE AMENDING SECTION 13 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 00-6-1-13)
A roll call vote was taken on the foregoing Ordinance with the following result:
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AYES Knapp, Vandersloot, Dolan, Laura and Engebretson
NAYS Taylor and Brosnan
The President declared the foregoing Ordinance failed due to the existence of a valid
protest that requires a 3/4 majority vote by Council for approval
A communication from Albert and Alice lafrate, 16043 Westmore, Livonia,
48154, dated January 8, 2002 re their property at 27480 and 27486 Five Mile Road
and stating their support for the rezoning of property for the proposed James Towne
Condominiums to be located on Five Mile Road between Foch Avenue and Green
Lane, was received and placed on file for the information of the Council (Petition 00-6-
1-13)
A communication from residents of Kenwood Meadows Subdivision, dated
January 16, 2002, re stating their opposition to the rezoning of property located on the
north side of Five Mile Road between Green lane and Foch Avenue where a proposed
condominium development is to be located, was received and placed on file for the
information of the Council (Petition 00-6-1-13)
A communication from the Marney Group, received on January 15, 2002,
re petition and charts showing residents both supporting and opposing the rezoning of
property located on the north side of Five Mile Road between Green lane and Foch
Avenue where a proposed condominium development is to be located, as well as a
drawing showing the new location for the dumpster, was received and placed on file for
the information of the Council (Petition 00-6-1-13)
Jason Councilman, 15365 Green Lane, Livonia, 48154 stated his opposition
to the old plan but has not seen the new plan (Petition 00-6-1-13)
Joseph Trupiano, petitioner, stated his support of the proposed rezoning
of property located on the north side of Five Mile Road between Green lane and Foch
REVISED - CR 27-02
33374
Avenue where a proposed condominium development is to be located (Petition 00-6-1-
13)
On a motion by Brosnan, seconded by Taylor, it was
RESOLVED, that having considered Petition 00-6-1-13,
submitted by Joseph Trupiano, on behalf of the Marney Group, for a
change of zoning of property located on the north side of Five Mile Road
between Foch Avenue and Green Lane Avenue in the Southeast 'A of
Section 13 from R-1 to R-C (One Family Residential — 60' x 120' Lots to
Condominium Residential), the Council does hereby determine to deny
this rezoning
A roll call vote was taken on the foregoing resolution with the following result:
AYES Taylor, Brosnan and Engebretson
NAYS Knapp, Vandersloot, Dolan and Laura
The President declared the resolution failed for lack of support.
On a motion by Brosnan, seconded by Laura, and unanimously adopted, it
was
CR 27-02 RESOLVED, that having considered the report and
recommendation of the Committee of the Whole, dated December 11,
2001, submitted pursuant to Council Resolution 642-01, and a
communication from the City Planning Commission, dated August 29,
2001, which transmits its resolution 8-134-2001, adopted on August 21,
2001, with regard to Petition 01-7-8-23 submitted by Marney Group,
requesting site plan approval in connection with a proposal to construct a
residential condominium development at 27480 Five Mile Road in the
Southeast 1/4 of Section 13, and the Council having failed to rezone the
underlying property due to a lack of support for rezoning Petition 00-6-
1-13 located at the same location as cited above, the Council does hereby
determine to take no further action on this matter
A communication from the Committee of the Whole, dated January 2,
2002, presenting the Chairpersons and members of the various Committees for the
years 2002-2003, as shown below, was received and placed on file for the information
of the Council
33375
Committee of the Whole Jack Engebretson
Chairman
All Councilmembers
Capital Improvement Committee Val Vandersloot
Chairman
Maureen Miller Brosnan
Joe Laura
Finance, Insurance and Budget Committee Gerald Taylor
Chairman
Joe Laura
Maureen Miller Brosnan
Legislative Committee Maureen Miller Brosnan
Chairman
Don Knapp
Val Vandersloot
Livonia City Council/Schools Liaison Committee Linda M Dolan
Chairman
Don Knapp
Val Vandersloot
Streets, Roads, & Plats Committee Joe Laura
Chairman
Linda M Dolan
Gerald Taylor
Water, Sewer and Waste Committee. Don Knapp
Chairman
Linda M Dolan
Gerald Taylor
On a motion by Laura, seconded by Vandersloot, and unanimously
adopted, it was
CR 28-02 RESOLVED, that having considered the report and
recommendation of the Committee of the Whole, dated January 2, 2002,
the Council does hereby designate Gerald Taylor as the City's delegate to
the Southeast Michigan Council of Governments and does hereby
designate Linda M Dolan as the City's alternate on a continuing basis, or
until further order of this Council by Council Resolution
On a motion by Taylor, seconded by Brosnan, and unanimously adopted,
it was.
33376
CR 29-02 RESOLVED, that having considered the report and
recommendation of the Committee of the Whole, dated January 2, 2002,
the Council does hereby designate Joe Laura to serve as the Council
Representative on the Board of Directors of the Livonia Anniversary
Committee on a continuing basis, or until further order of this Council by
Council Resolution
On a motion by Brosnan, seconded by Dolan, and unanimously adopted, it
was
CR 30-02 RESOLVED, that having considered the report and
recommendation of the Committee of the Whole, dated January 2, 2002,
with regard to the Annual Meeting of the Michigan Municipal Risk
Management Authority, the Council does hereby determine to designate
the Director of Finance, Michael T Slater, as the Official Representative
and Voting Representative of the City of Livonia and does further
designate Gerald Taylor as the alternate on a continuing basis, or until
further order of this Council by Council Resolution
On a motion by Taylor, seconded by Dolan, and unanimously adopted, it
was
CR 31-02 RESOLVED, that having considered the report and -
recommendation of the Committee of the Whole, dated January 2, 2002,
the Council does hereby designate Joe Laura as Parliamentarian of the
City Council on a continuing basis, or until further order of this Council by
Council Resolution
On a motion by Laura, seconded by Knapp, and unanimously adopted, it
was
CR 32-02 RESOLVED, that having considered the report and
recommendation of the Committee of the Whole, dated January 2, 2002,
the Council does hereby determine to designate Val Vandersloot to serve
on the Board of Trustees of the Livonia Employees Retirement System on
a continuing basis, or until further order of this Council by Council
Resolution
On a motion by Dolan, seconded by Laura, and unanimously adopted, it
was
33377
CR 33-02 RESOLVED, that having considered the report and
recommendation of the Committee of the Whole, dated January 2, 2002,
the Council does hereby designate Don Knapp to serve as the Council
Representative on the Board of Directors of the Livonia Economic
Development Partnership and does further designate Maureen Miller
Brosnan as the alternate on a continuing basis, or until further order of this
Council by Council Resolution
On a motion by Taylor, seconded by Knapp, and unanimously adopted, it
was
CR 34-02 RESOLVED, that having considered a letter from Leslie
Leposky, Projects Coordinator, Right to Life - Lifespan, dated December
13, 2001, the Council does hereby take this means to indicate that Right
to Life - Lifespan is recognized as a non-profit organization operating in
the community, and the action herein being taken for the purpose of
affording Right to Life - Lifespan an opportunity to obtain a raffle license
from the State of Michigan in accordance with provisions of State statute
On a motion by Knapp, seconded by Laura, and unanimously adopted, it
was
CR 35-02 RESOLVED, that having considered a request from
Councilmember Don Knapp, the Council does hereby refer to the Law
Department for its report and recommendation the subject of a history of
the State of Michigan Raffle License procedures and possible elimination
of City approval via a draft resolution to the State Legislature
A communication from William R Miller of Rite Aid Corporation, dated
January 8, 2002, re payment of false alarm charges, and a copy of a check from Rite
Aid to the City in the reduced amount of $1500 00 for such, was received and placed on
file for the information of the Council (Petition 00-10-2-31)
On a motion by Laura, seconded by Vandersloot, it was
CR 36-02 RESOLVED, that having considered a letter from the
Michigan Liquor Control Commission, dated November 16, 1999, and the
report and recommendation of the Chief of Police, dated December 4,
2001, approved for submission by the Mayor, the Council does hereby
approve of the request from Rite Aid of Michigan, Inc for transfer of
ownership of a 1996 Specially Designated Distributor License with Sunday
33378
Sales only, in escrow, from Apex Drug Stores, Inc and to transfer location
from 29350 Plymouth Road, Livonia, Mi 48150, Wayne County, to be held
in conjunction with an existing 1999 Specially Designated Merchant
license with drive-up window for a business located at 31245 Eight Mile
Road, Livonia, Michigan 48152, Wayne County, and the City Clerk is
hereby requested to forward a certified copy of this resolution to the
Michigan Liquor Control Commission
A roll call vote was taken on the foregoing resolution with the following result:
AYES Knapp, Vandersloot, Dolan, Laura and Engebretson
NAYS Taylor and Brosnan
John J Doyle, attorney for Rite Aid of Michigan, Inc , was present at the meeting to
answer questions of the Council
On a motion by Laura, seconded by Taylor, it was
CR 37-02 RESOLVED, that having considered a communication from
the City Planning Commission, dated December 12, 2001, which transmits
its resolution 12-194-2001, adopted on December 11, 2001, with regard to
Petition 01-10-2-23, submitted by Hunt's Ace Hardware, requesting waiver
use approval for outdoor sales of home garden supplies on property
located on the south side of Seven Mile Road between Stamford and
Myron Avenues in the Northeast 1/4 of Section 9, which property is zoned
C-2, the Council does hereby concur in the recommendation made by the
City Planning Commission and Petition 01-10-2-23 is hereby approved
and granted, subject to the following conditions
1 That the Site Plan marked Sheet C-1 dated October 12, 2001, as
revised, prepared by Lindhout Associates Architects, is hereby
approved and shall be adhered to,
2 That the outdoor display and sales shall be confined to the fenced
area designated for that purpose on the above referenced site plan
and that there shall be no other outdoor display or sales anywhere
else on the subject site,
3 That the merchandise to be displayed and sold in the designated
outdoor sales area shall be limited to nursery stock and home
garden supplies,
4 That the time period within which the outdoor display and sales will
take place shall be limited to between April 1 and October 15 of
each year;
33379
5 That all dumpsters for the site shall be contained within the fenced
area and placed at a readily accessible location near a gate to
facilitate refuse disposal, and
6 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 resolution with the following result:
AYES Knapp, Vandersloot, Dolan, Taylor, Laura and
Engebretson
NAYS Brosnan
The President declared the resolution duly adopted
On a motion by Brosnan, seconded by Laura, and unanimously
Ladopted, it was
CR 38-02 CITY OF LIVONIA
COUNTY OF WAYNE, MICHIGAN
AFTER A PUBLIC HEARING BEING HELD ON
DECMEBER 17, 2001,
A RESOLUTION GRANTING THE "SPECULATIVE
BUILDING" DESIGNATION TO ASHLEY CAPITAL'S
(ASHLEY LIVONIA NORTH, L L C ) FACILITIES
LOCATED AT THE S E CORNER OF SCHOOLCRAFT
AND MIDDLEBELT ROADS IN THE CITY OF LIVONIA,
MICHIGAN PURSUANT TO AND IN ACCORDANCE WITH
ACT 198 OF THE PUBLIC ACTS OF 1974, AS AMENDED,
WAS AND IS PROPOSED AS FOLLOWS
WHEREAS, the City Council of the City of Livonia has established an
Industrial Development District, pursuant to the provisions of Act No 198
of the Public Acts of 1974, as amended, (the "Act") encompassing land
situated in the City of Livonia and comprised of an area of approximately
117 13 acres lying in the North 1/2 of Section 25, more particularly
described in Exhibit A, attached hereto and incorporated by reference
herein, which area is referred to as "City of Livonia Industrial Development
District No 72," and
WHEREAS, the City of Livonia has received a request from Ashley
Capital (Ashley Livonia, L L C ) for a "Speculative Building in Units"
33380
designation pursuant to the Act for facilities which are being constructed
within said Industrial Development District, and
WHEREAS, the City wishes to preserve its right to induce qualified
manufacturers to locate in the City of Livonia at said facilities by offering
the opportunity for tax abatement under the Act; and
WHEREAS, the granting of said designation will under the Act allow the
City of Livonia to consider future applicants the granting of tax abatement
for such qualified manufacturers as may purchase or become tenants of
the facility;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF LIVONIA AS
FOLLOWS
1 The City of Livonia hereby grants to the industrial facilities (Buildings
1 and 2) located at the Southeast corner of Schoolcraft and
Middlebelt Roads in the City of Livonia, Michigan, pursuant to the
authority delegated to the City of Livonia under Act 198 of 1974, as
amended, the "Speculative Building In Units" designation
2 The City of Livonia accepts the preliminary division of these facilities
into thirty-six (36) units identified as follows
Building 1 Building 2
Unit A. 24,000 s f 39,000 s f
Unit B 16,000 s f 39,000 s f
Unit C 18,500 s f 39,000 s f
Unit D 18,500 s f 39,000 s f
Unit E 18,500 s f 39,000 s f
Unit F 21,000 s f 39,000 s f
Unit G 21,000 s f 39,000 s f
Unit H 21,000 s f 39,000 s f
Unit I 31,500 s f 39,000 s f
Unit J 39,000 s f
Unit K. 26,000 s f
Unit L 21,000 s f
Unit M 21 ,000 s f
Unit N 21 ,000 s f
Unit 0 21 ,000 s f
Unit P. 21 ,000 s f
Unit Q 21,000 s f
Unit R 21,000 s f
Unit S
Unit T
21,000 s f
21,000 s f
Unit U
21 ,000 s f
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Unit V 21,000 s f
Unit W
Unit X.
21,000 s.f
21,000 s f
Unit Y
21,000 s f
Unit Z.
21,000 s f
Unit AA 21,000 s f
which units are depicted on the attached sketch incorporated
herein
3 Ashley Capital (Ashley Livonia, L L C ) may assemble one or more
of said units into larger units or single unit for sale or lease to a
qualified manufacturer or manufacturers as same is defined in Act
198 of 1974, as amended
4 The granting of the "Speculative Building in Units" designation for
the facilities does not create any vested right on the part of Ashley
Capital (Ashley Livonia, L.L.0 ), its successors in interests or any
tenants of the facilities to receive tax abatement as provided under
Act 198 of 1974, as amended, the designation being granted to
preserve the opportunity for future qualified manufacturer or
manufacturers under said Act to submit an application(s) to the City
of Livonia requesting tax abatement under said Act.
5 The City Clerk is hereby directed to forward a certified copy of this
resolution to the State Tax Commission for the State of Michigan
EXHIBIT A
A part of the North 1/2 of Section 25, T 1 S , R. 9 E, City of Livonia, Wayne
County, Michigan, described as commencing at the northwest corner of
said Section 25, thence S 01° 54'43" E along the west line of said section
and nominal centerline of Middlebelt Road, 362 59' to a point on southerly
right-of-way of Schoolcraft Road/I-96 (variable width), thence along said
right-of-way the following 6 courses N 88°05'17" E 70 00', N 20°34'19"
E 65 55', N 65°30'34" E 63 70', N 88°00'00" E 128.22 ', N 84°56'42" E
1085 07', N 84°20'12" E 461 75' to the Point of Beginning, thence
continuing along said southerly right-of-way the following 5 courses N
84°20'12" E 123 77', N 79°48'23" E 151 59', N 84°20'12" E 652 37', N
88°18'06" E 598.25', S 88°13'33" E 383 70', thence S 02°08'02" E
326 39' to a point of curvature, thence along said curve to the left, a radius
of 240 00', central angle of 52°08'46", arc distance of 218 43', and chord
bearing of S 28°12'25" E , 210 97' to a point of curvature, thence along
said curve to the right, a radius of 295 00', central angle of 21°51'05", arc
distance of 112 51', and chord bearing S 43°21'16" E 111 83', thence N
87°51'58" E 72 59', thence S 02°08'02" E 1801 17' to a point on the
33382
northerly right-of-way of the C & 0 Railroad (width varies), thence along
said northerly right-of-way the following 2 courses S 86°07'57" W
1323 32', S 88°10'37" W 822 03', thence N 02°08'08" W 2398 42' to the
Point of Beginning Containing 117 13 acres (5,102,377 sq ft.) and
subject to easements and restrictions of record, if any
On a motion by Brosnan, seconded by Vandersloot, and unanimously
adopted, it was
CR 39-02 RESOLVED, that having considered a communication from
the City Librarian, dated November 27, 2001, 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 $580 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 $580 00 to Account No 702-000-
285-271 for the purposes as designated by the donors
City Librarian Barbara Lewis spoke to the Council regarding the receipt of $580 00 to be
used by the Library
There was no audience communication at the end of the meeting
On a motion by Brosnan, seconded by Taylor, and unanimously adopted,
this 1,456th Regular Meeting of the Council of the City of Livonia was adjourned at
9 12 p m , January 16, 2002
- es/r, rn& L
Jban McCotter, City Clerk