HomeMy WebLinkAboutCOUNCIL MINUTES 2001-05-16 32977
MINUTES OF THE ONE THOUSAND FOUR HUNDRED FORTY-FIRST
REGULAR MEETING OF MAY 16, 2001
On May 16, 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 Vice-President Vandersloot delivered the invocation
Roll was called with the following result. Val I Vandersloot, John Walsh,
John Pastor, Brian Duggan, Joe Laura, Jack Engebretson, and Maureen Miller Brosnan
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, Mary Rutan, Human Resources Director; Barbara Lewis, City
Librarian, Kevin Roney, Public Utilities Manager; Karen Szymula, Director of Legislative
Affairs, and Ian Wilshaw, Traffic Commission
On a motion by Pastor, seconded by Duggan, and unanimously
adopted, it was
CR 308-01 RESOLVED, that the minutes of the 1,440th Regular Meeting
of the Council held May 2, 2001 are hereby approved as submitted
On a motion by Vandersloot, seconded by Duggan, and unanimously
adopted, it was
CR 309-01 RESOLVED, that the Council does hereby amend the
Orders of the Day to add Item X-2, Mayor's veto letter of CR 298-01,
Petition 00-11-2-32, to the Regular Agenda of the meeting
During the audience communication portion of the agenda, Vice-President
Vandersloot wished a "Happy Birthday" to her mother, who is over 21, and will be
celebrating her birthday on Friday She also wished her husband, Don, also over 21, a
"Happy Birthday", which he celebrated on Monday, May 14 She congratulated him on
completing a 15 5 mile Old Kent Bank Run in Grand Rapids as part of his birthday
celebration
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On a motion by Pastor, seconded by Laura, and unanimously adopted, it
was
CR 310-01 RESOLVED, that having considered an application from
Alicia Henderson, 14844 Berwick, dated May 14, 2001, requesting
permission to close Jamison Road between Berwick and Auburndale on
Saturday, June 16, 2001, from 12 00 p m to 10 00 p m for the purpose of
a surprise 25th wedding anniversary party for her parents, the Council
does hereby grant permission as requested, the action taken herein being
made subject to the approval of the Police Department.
On a motion by Vandersloot, seconded by Duggan, and unanimously
adopted, it was
CR 311-01 RESOLVED, that the Council does hereby amend the
Orders of the Day to add Item X-3, Mayor's veto letter of CR 299-01,
Petition 00-11-2-33, to the Regular Agenda of the meeting
A communication from the Department of Law, dated May 3, 2001, re an
appeal by Wendy's International, Inc , of the City Council's denial for a waiver use
application to erect a restaurant on a portion of the Wal-Mart property on Middlebelt
Road to Wayne County Circuit Court, and the court's upholding of this denial, was
received and placed on file for the information of the Council (Wayne County Circuit
Court Case No 00-038888AA)
A communication from the Department of Finance, dated April 19,
2001, re forwarding various financial statements of the City of Livonia for the month
ending March 31, 2001, was received and placed on file for the information of the
Council
A communication from William Barish, representative of Robert and Arlene
Clarke, owners of ABC Cab Company, dated May 15, 2001, re approval of application
of Mr Robert Waite for a license for taxicabs in the City of Livonia be conditioned upon
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the final closing of sale for ABC Cab Company from the Clarkes to Mr Waite, was
received and placed on file for the information of the Council (CR 185-01) (Agenda
Item #5)
A communication from the Department of Law, dated May 10, 2001, re
default of Davey Tree Expert Company as it relates to the 2001 Municipal Tree
Trimming Program, was received and placed on file for the information of the Council
(CR 123-01) (Agenda Item #7)
On a motion by Duggan, seconded by Pastor, it was
CR 312-01 RESOLVED, that having considered an application from
Kathleen A. Fitzgerald, 9917 Cranston, dated April 17, 2001, requesting
permission to close Cranston between Elmira and Orangelawn on
Monday, May 28, 2001, from 2 00 p m to 8 00 p m for the purpose of
conducting a block party, the Council does hereby grant permission as
requested, the action taken herein being made subject to the approval of
the Police Department.
CR 313-01 RESOLVED, that having considered an application from
Pamela A. Elliott, 32458 Maryland, dated April 30, 2001, requesting
permission to close Maryland between Ohio and Hubbard on Saturday,
August 18, 2001, from 3 00 p m to 10 00 p m for the purpose of
conducting a block party, the Council does hereby grant permission as
requested, including therein permission to conduct the said affair on
Saturday, August 25, 2001, in the event of inclement weather, the action
taken herein being made subject to the approval of the Police Department.
CR 314-01 RESOLVED, that having considered a communication from
the Mayor, dated April 23, 2001, the Council does hereby approve of and
concur in the reappointment of Robert Alanskas, 36218 Barkley, Livonia,
Michigan 48154, to the City Planning Commission for a term of three
years, which will expire on June 9, 2004
CR 315-01 RESOLVED, that having considered a letter from Jeff
Woodruff, Bottle Drive Chairman for Cub Scout Pack 750, dated April 30,
2001, which requests permission to display twelve (12) signs announcing
their Annual Bottle Drive to be held on Saturday, June 9, 2001, which
signs are to be 24" x 20" in size and which will be displayed from
Saturday, June 2, 2001, through Saturday, June 9, 2001, at the following
locations
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1 Farmington Road and Summers (entrance to Kimberly Oaks)
2 Farmington Road and Lyndon (entrance to Kimberly Oaks)
3 Schoolcraft and Brookfield (entrance to Kimberly Oaks)
4 Lyndon between Loveland and Brookfield
5 Schoolcraft and Hubbard (entrance to Kimberly Oaks)
6 Five Mile and Hubbard
7 Hubbard and Barkley
8 Schoolcraft and Berwick (entrance to Marilyn Farms)
9 Merriman and Scone (entrance to Marilyn Farms)
10 Merriman and Grennada (entrance to Marilyn Farms)
11 Merriman and Jamison
12 Merriman and Elise
the Council does hereby grant and approve this request in the manner and
form herein submitted
CR 316-01 RESOLVED, that having considered the report and
recommendation of the Chief of Police, dated April 26, 2001, which bears
the signature of the Director of Finance and is approved for submission by
the Mayor, submitted pursuant to Council Resolution 185-01, the report
and recommendation of the Director of Community Resources, dated May
1, 2001, approved for submission by the Mayor, submitted pursuant to
Council Resolution 185-01, and a communication from the City Clerk,
dated March 19, 2001, submitting an application for a license to operate
fifteen (15) taxicabs in the City of Livonia, requested by Robert A. Waite,
9579 Brookville Road, Plymouth, Michigan 48170, the Council does
hereby determine that taxicab service is required by the public
convenience and necessity and that such interests will be best served by
approval of the proposed taxicab service, and it does hereby approve and
authorize the issuance of the said license to ABC Cab, Incorporated, and
the City Clerk is hereby requested to do all things necessary or incidental
to the full performance of this resolution
CR 317-01 RESOLVED, that whereas, under the provisions of Title I of
the Housing and Community Development Act of 1974, as amended, the
Secretary of Housing and Urban Development is authorized to make
grants to units of local government to help finance community
development programs, and
WHEREAS, the primary objective of such Act is the development of viable
urban communities by providing decent housing and suitable living
environment and expanding economic opportunities, principally for
persons of low and moderate income, and
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WHEREAS, to obtain its Fiscal Year 2001-2002 entitlement funds under
the Community Development Block Grant Program as authorized by the
Housing Community Development Act of 1974, the City of Livonia must
submit a statement of community development objectives and project use
of funds, satisfactory assurances that the Program will be conducted and
administered in accordance with appropriate federal and state laws and
Department of Housing and Urban Development regulations, and
satisfactory assurances that, prior to submission of its Final Statement of
Community Development Objectives and Projected Use of Funds, it has
(A) provided citizens with adequate information concerning the amount of
funds available for proposed community development and housing
activities, the range of activities that may be undertaken, the estimated
amount of those funds proposed to be used for activities that will benefit
low and moderate income persons, and other important program
requirements, (B) held a public hearing to obtain the views of citizens on
community development and housing needs, and (C) provided citizens an
adequate opportunity to examine the content of and to submit comments
on the proposed Statement of Community Development Objectives and
Projected Use of Funds
NOW, THEREFORE BE IT RESOLVED, by the City Council of Livonia,
Michigan, that the Final Statement of Community Development Objectives
and Projected Use of Funds for the Fiscal Year 2001-2002 Community
Development Block Grant Program is hereby approved and shall be
submitted to the Department of Housing and Urban Development.
CR 318-01 RESOLVED, that having considered the report and
recommendation of the Superintendent of Public Service and the Director
of Public Works, dated April 27, 2001, which bears the signature of the
Director of Finance and is approved for submission by the Mayor, wherein
it is requested that Council Resolution 123-01 be amended, the Council
does hereby amend and revise Council Resolution 123-01 so as to have
the same read as follows
RESOLVED, that having considered the report and
recommendation of the Superintendent of Public Service and the
Director of Public Works, dated February 7, 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
Branch Tree Service, Inc , 24195 Mound Road, Warren, Michigan
48091, for completing all work required in Section 19 of the City in
connection with the City's Spring 2001 Municipal Tree Trimming
Program for the estimated cost of $78,525 48, based upon the
Public Service Division's estimate of units involved, and subject to
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 Section 19,
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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 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 319-01 RESOLVED, that having considered the report and
recommendation of the Superintendent of Public Service and the Director
of Public Works, dated April 27, 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 Branch Tree Service, Inc.,
24195 Mound Road, Warren, Michigan 48091, for completing all work
required in Sections 20 and 21 of the City in connection with the City's
Spring 2001 Municipal Tree Trimming Program for the estimated cost of
$92,701 84, based upon the Public Service Division's estimate of units
involved, and subject to final payment based upon the actual units
completed in accordance with the unit prices accepted herein, 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 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 Engineering Division, dated April 17, 2001, re
proposed signal modifications to the traffic signal at Joy and Newburgh Roads, was
received and placed on file for the information of the Council (CR 202-01)
CR 320-01 RESOLVED, that having considered the report and
recommendation of the Director of Public Works and the City Engineer,
dated April 17, 2001, which bears the signature of the Director of Finance
and is approved for submission by the Mayor, to which is attached a
proposed agreement between the City of Livonia and the Michigan
Department of Transportation regarding the modernization of the traffic
signal on Plymouth Road at the Ford Transmission Plant, and having
considered the necessity for such traffic signal modernization, the Council
does hereby authorize the said traffic installation, FURTHER, the Council
does hereby approve of the City assuming annual energy and
maintenance costs in the estimated amount of $198 00 for such traffic
signal, and the Mayor and City Clerk are hereby authorized to execute the
attached agreement, for and on behalf of the City of Livonia, and the City
Clerk is hereby requested to forward a certified copy of this resolution to
the Michigan Department of Transportation (MDOT)
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CR 321-01 RESOLVED, that having considered a communication from
the City Planning Commission, dated April 9, 2001, which transmits its
resolution 4-63-2001, adopted on April 3, 2001, requesting approval of the
signage in connection with Petition 99-11-8-31 submitted by Ali Bazzy on
behalf of Sunoco, which previously received site plan approval per Council
Resolution 279-00, for the gas station located at 33234 Schoolcraft Road
in the Southwest 1/4 of Section 22, the Council does hereby concur in the
recommendation of the Planning Commission, and the signage in
connection with Petition 99-11-8-31 is hereby approved and granted,
subject to the following conditions
1 That the Sign Package submitted by Ali Bazzy, as received by the
Planning Commission on March 20, 2001, is hereby approved and
shall be adhered to, except for the fact that the ground sign shall be
a monument type sign not to exceed 8 feet in height, and shall have
a brick base constructed out of the same brick as the station,
2 That the signage shall not be illuminated beyond one (1) hour after
this gas station closes,
3 That any additional signage shall come back before the Planning
Commission and City Council for their review and approval, and
4 That the request to have Council Resolution 279-00 modified so as
to delete the condition specifying that the canopy columns must be
brick is hereby denied on the basis that this development is at one
of the City's major intersections, that the City has consistently
required that brick columns be constructed at several other new or
renovated gas stations, and that it would not be aesthetically
pleasing to allow unfinished columns at this location
CR 322-01 RESOLVED, that having considered a communication from
Keith Hay, President, Woodcraft Building Company, Inc , dated April 30,
2001, requesting to amend the Landscape Plan in connection with Petition
00-11-8-18, submitted by Keifer Investments, LLC, to construct an office
building on property located on the east side of Farmington Road between
Curtis Road and Pickford Avenue at 18338 Farmington Road in the
Northwest 1/4 of Section 10, which was approved by the City Council in
Resolution 103-01, the Council does hereby determine to take no further
action with respect to this request.
CR 323-01 RESOLVED, that having considered a communication from
the City Planning Commission, dated April 19, 2001, to which is attached
a copy of its resolution 4-53-2001 adopted on April 3, 2001, in connection
with Petition 01-1-7-1, wherein the Commission did amend Part VII of the
Master Plan of the City of Livonia, the Future Land Use Plan, so as to
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change the designation of land lying west of Farmington Road and north
of Lyndon Avenue in the Northeast 1/4 of Section 21 from Office to
Medium Density Residential, the Council does hereby refer this matter to
the Committee of the Whole for its report and recommendation
CR 324-01 RESOLVED, that having considered a communication from
Acro Service Corporation, dated August 31, 2000, which in accordance
with the provisions of Section 19 08 of Ordinance 543, as amended, the
Zoning Ordinance, takes an appeal from a determination made on August
29, 2000, by the City Planning Commission in its resolution 8-165-2000
with regard to Petition 00-8-SN-13 submitted by Acro Service Corporation
requesting approval for signage for the office building located at 17187
Laurel Park Drive in the Southeast 1/4 of Section 7, the Council does
hereby designate Wednesday, June 27, 2001, at 7 00 p m as the date
and time for conducting a Public Hearing with regard to this matter, 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 Ordinance 543, as amended, the Zoning Ordinance of the City of
Livonia
CR 325-01 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,
July 16, 2001, at 7 00 p m at the City Hall, 33000 Civic Center Drive,
Livonia, Michigan, with respect to the following item
Petition 01-1-1-1, submitted by Adele Avolio, for a change of
zoning of property located on the north side of Seven Mile
Road between Gary Lane and Fairlane Court in the
Southwest 1/4 of Section 4, from RUFB to R-3, the City
Planning Commission in its resolution 4-69-2001 having
recommended to the City Council that Petition 01-1-1-1 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 to the
Zoning Ordinance, and/or (b) location of the proposed change 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
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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 Vandersloot, Walsh, Pastor, Duggan, Laura, Engebretson and
Brosnan
NAYS None
A communication from Council President Maureen Miller Brosnan, dated
April 9, 2001, re her reply to Livonia School Board Superintendent Kenneth Watson
relative to a School Board Meeting held on April 9, 2001, was received and placed on
file for the information of the Council (Petition 00-8-1-15)
A communication from Mayor Jack Kirksey to City Council members and
the Livonia Public School Board, dated April 9, 2001, re a proposed compromise plan
for a change of zoning at property located on the west side of Cranston Avenue
between Orangelawn and West Chicago Road, was received and placed on file for the
information of the Council (Petition 00-8-1-15)
A communication from Livonia School Board Superintendent Kenneth
Watson, dated April 10, 2001, re Livonia School Board members presence at a April
25, 2001 Committee of the Whole meeting, was received and placed on file for the
information of the Council (Petition 00-8-1-15)
A flyer distributed in the Rosedale Gardens Subdivision re Rosedale
Parkland was received and placed on file for the information of the Council (Petition
00-8-1-15)
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A communication from Mayor Kirksey, dated April 25, 2001, re
compromise agreement between the City and Livonia Public Schools involving a land
swap relative to a rezoning petition, was received and placed on file for the information
of the Council (Petition 00-8-1-15)
Petitions from residents, received at the April 25, 2001 Committee of the
Whole Meeting, opposing a rezoning petition submitted by the Livonia Public School
District, was received and placed on file for the information of the Council (Petition 00-
8-1-15)
A Zoning Analysis of LPS Rezoning Petition, dated April 25, 2001,
prepared by the Old Rosedale Gardens Homeowners Association, was received and
placed on file for the information of the Council (Petition 00-8-1-15)
A Report on Statistical Data Related to the Request to Deny Residential
Rezoning of Public Land in Section 34 of the City of Livonia, prepared by Jan Afonso at
the request of the Board of Directors of the Old Rosedale Gardens Homeowners
Association, was received and placed on file for the information of the Council (Petition
00-8-1-15)
A communication from Stan Anderson, President of the Clements Circle
Civic Association, 28428 Elmira, Livonia, 48150, dated May 1, 2001, re the support of
this organization to the residents of Old Rosedale Gardens to add property to their
existing park, was received and placed on file for the information of the Council
(Petition 00-8-1-15)
On a motion by Laura, seconded by Duggan, it was
RESOLVED, that having considered the report and
recommendation of the Committee of the Whole, dated April 25, 2001,
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submitted pursuant to Council Resolution 43-01, and a communication
from the City Planning Commission, dated October 20, 2000, which sets
forth its resolution 10-188-2000 adopted on October 17, 2000, with regard
to Petition 00-8-1-15, submitted by Livonia Public Schools, for a change of
zoning of property located on the west side of Cranston Avenue, between
Orangelawn Avenue and West Chicago Road, in the Northeast 1/4 of
Section 34, from PL to R-1, as amended by the Planning Commission to
include only Lots 1137 to 1146 and also Lots 1167 to 1172, also including
the east one-half of the adjacent vacated street, of Rosedale Gardens
Subdivision No 4, and the Council having conducted a public hearing with
regard to this matter on Monday, January 8, 2001, pursuant to Council
Resolution 817-00, the Council does hereby recommend that the
proposed rezoning petition remain in the Committee of the Whole for
further report and recommendation
Councilmember Duggan offered a substitute motion to deny Petition 00-8-
1-15 for a change of zoning of property located on the west side of Cranston Avenue,
between Orangelawn Avenue and West Chicago Road, but the motion failed for lack of
support.
The following persons spoke
Patrick Nally, President of the Board of Education, spoke in favor of the
compromise offered to the residents
Mike McGee, 11041 Arden, President of the Old Rosedale Gardens
Homeowners Association, spoke in favor of the compromise but
was in opposition to the rezoning
Jim Kruppa, 16283 Southampton, spoke in favor of the compromise
Kirsten Galka, Livonia School Board Liaison with the City of Livonia, asked
for a definition of the difference between immediate rezoning and
a delayed rezoning
Jan Afonso, 9918 Hubbard, presented a "Report on Statistical Data
related to the Request to Deny Residential Rezoning of Public
Land in Section 34 of the City of Livonia"
Rick Rainville, 9928 Hubbard, spoke in opposition to the rezoning
Tim Bailey, 9826 Cranston, spoke and said he would like to have more
time to evaluate the proposed compromise solution
William Cook, 9911 Fairfield, spoke in opposition to the rezoning
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Ms Hennessey, 9614 Cranston, spoke in opposition to the rezoning
Paul Herron, 34169 Fairfax, spoke to the Council regarding his feelings
about the proposed compromise
At 10 53 p m , Council President Brosnan passed the gavel to Vice-
President Vandersloot, and spoke to the Council regarding rezoning Petition 00-8-1-15
Council President Brosnan left the podium at 10 58 p m due to a possible conflict of
interest.
Councilmember Laura withdrew his motion on the foregoing resolution
Councilmember Duggan then removed his support on the foregoing resolution
On a motion by Walsh, seconded by Pastor, it was
CR 326-01 RESOLVED, that having considered the report and
recommendation of the Committee of the Whole, dated April 25, 2001,
submitted pursuant to Council Resolution 43-01, and a communication
from the City Planning Commission, dated October 20, 2000, which sets
forth its resolution 10-188-2000 adopted on October 17, 2000, with regard
to Petition 00-8-1-15, submitted by Livonia Public Schools, for a change of
zoning of property located on the west side of Cranston Avenue, between
Orangelawn Avenue and West Chicago Road, in the Northeast 1/4 of
Section 34, from PL to R-1, and the Council having conducted a public
hearing with regard to this matter on Monday, January 8, 2001, pursuant
to Council Resolution 817-00, the Council does hereby approve Petition
00-8-1-15, as revised, so as to rezone only Lots 1140 through 1146,
inclusive, of Rosedale Gardens No 4 Subdivision, 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 543, as
amended, in accordance with this resolution, and the balance of the
rezoning request, being Lots 1137 through 1139 inclusive and Lots 1167
through 1176 inclusive, including the east half of the adjacent vacated
Hubbard Road, is hereby denied for the following reasons
1 That the proposed change of zoning for the balance of the subject
property would permit new residential construction in an area of the
City that is already densely populated,
2 That the balance of the subject property would be better utilized for
open space purposes, and
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3 That the proposed change of zoning is contrary to the Future Land
Use Plan
A roll call vote was taken on the foregoing resolution with the following result:
AYES Walsh, Pastor, Engebretson and Vandersloot
NAYS Duggan and Laura
The Vice-President declared the resolution duly adopted
On a motion by Walsh, seconded by Pastor, it was
CR 327-01 RESOLVED, that having considered the report and
recommendation of the Committee of the Whole, dated April 25, 2001,
submitted pursuant to Council Resolution 43-01, and a communication
from the Mayor, dated April 9, 2001, as well as a subsequent
communication from the Mayor dated April 25, 2001, the Council does
hereby refer the matter of a land swap between the Livonia Public Schools
and the City of Livonia, as recommended by the Mayor, to the Department
of Law to prepare all necessary documents to accomplish such land swap,
and the Mayor and City Clerk are hereby authorized, for and on behalf of
the City of Livonia, to execute a warranty deed conveying certain City-
owned property located directly north of Livonia Fire Station #6 to the
Livonia Public Schools in exchange for certain property owned by the
Livonia Public Schools located on the west side of Cranston Avenue,
between Orangelawn Avenue and West Chicago Road, and to do all other
things necessary or incidental to the full performance of this resolution
A roll call vote was taken on the foregoing resolution with the following result:
AYES Walsh, Pastor, Engebretson and Vandersloot
NAYS Duggan and Laura
The Vice-President declared the resolution duly adopted
On a motion by Pastor, seconded by Engebretson, it was
CR 328-01 RESOLVED, that the Council does, in accordance with
Section 23 01(a) of Zoning Ordinance No 543, as amended, hereby
request that the City Planning Commission conduct a public hearing and
thereafter submit its report and recommendation on the question of
whether certain City-owned property consisting of approximately 1 54
acres, generally described as the north 223 5 feet of Lots 528 through
532, inclusive, of Supervisor's Livonia Plat No 9 located north of Plymouth
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Road between Newburgh Road and Chase Boulevard in the Southeast
1/4 of Section 30, should be rezoned from PL (Public Lands) to R-1 (One
Family Residential) consistent with the adjoining residential properties to
the west and north on Birch Run Road and in Hunters Pointe Subdivision
A roll call vote was taken on the foregoing resolution with the following result:
AYES Walsh, Pastor, Engebretson and Vandersloot
NAYS Duggan and Laura
The Vice-President declared the resolution duly adopted
Council President Brosnan returned to the podium and the gavel was passed back by
Vice-President Vandersloot at 11 07 p m
A communication from the Planning Department, dated April 23, 2001, re
possible amendments to the code of ordinances to establish additional standards
relative to outdoor lighting regulations, was received and placed on file for the
information of the Council (CR 112-01)
A report submitted by Eric Fitzpartick at the Streets, Roads and Plats
Committee Meeting of May 1, 2001, re "High Intensity Discharge Floodlighting and
Wall Packs", was received and placed on file for the information of the Council (CR
113-01)
On a motion by Laura, seconded by Engebretson, and unanimously
adopted, it was
CR 329-01 RESOLVED, that having considered the report and
recommendation of the Streets, Roads and Plats Committee, dated May
1, 2001, submitted pursuant to Council Resolution 113-01, and a letter
from Eric J Fitzpatrick, 9327 Montana, dated February 8, 2001, with
regard to the safety, aesthetics and environmental concerns of excessive
or inappropriate outdoor lighting at various businesses throughout the
City, the Council does hereby refer the subject of a proposed Policy for
Outdoor Lighting for Businesses throughout the City and whether City
ordinances should be amended to incorporate the suggestions made by
Mr Fitzpatrick to the Administration for its report and recommendation
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A report submitted by Jay and Janet Douglas, dated May 1, 2001, re lot
split at 31659 Seven Mile Road, located south of Seven Mile Road and west of
Merriman Road into two parcels, was received and placed on file for the information of
the Council (CR 116-01)
On a motion by Laura, seconded by Vandersloot, and unanimously
adopted, it was
CR 330-01 RESOLVED, that having considered the report and
recommendation of the Streets, Roads and Plats Committee, dated May 1,
2001, submitted pursuant to Council Resolution 116-01, and a communication
from the City Assessor, dated February 15, 2001, approved for submission by
the Mayor, with regard to a request from Greg Rowley of Rowley Brothers
Construction LLC, 12835 Berwyn, Redford, Michigan 48239, on behalf of Jay
Douglas, 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 46-037-99-
0010-000 into two (2) 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
A communication from Jay and Janet Douglas, dated May 1, 2001, re
response to concerns raised by Mr Schietinger relative to a lot split at 31659 Seven
Mile Road, and an explanation for their request for said lot split, was received and
placed on file for the information of the Council (CR 116-01)
E-mail communications from Peter Schietinger, 31705 Seven Mile
Road, Livonia, 48152, dated May 2 and May 10, 2001, re his opposition to a proposed
lot split at 31659 Seven Mile Road, was received and placed on file for the information
of the Council
E-mail communication from Terry and Patrice Andrews, 31765 Seven Mile
Road, Livonia, 48152, dated May 10, 2001, re their opposition to a proposed lot split at
32992
31659 Seven Mile Road, was received and placed on file for the information of the
Council
oimp
A communication from the Engineering Division, dated March 30, 2001,
re a proposed Special Assessment Sidewalk Installation Project on Eight Mile Road —
Newburgh Road to the 1-275 Bike Path, was received and placed on file for the
information of the Council (CR 168-01)
On a motion by Laura, seconded by Duggan, and unanimously adopted, it
was
CR 331-01 RESOLVED, that having considered the report and
recommendation of the Streets, Roads and Plats Committee, dated May
1, 2001, submitted pursuant to Council Resolution 168-01, and the report
and recommendation from the Director of Public Works and the City
Engineer, dated February 20, 2001, which bears the signature of the
Director of Finance and is approved for submission by the Mayor,
regarding the proposed installation of sidewalks on Eight Mile Road
between the 1-275 bike path and Newburgh Road, in the City of Livonia, at
the following locations
Parcels of property and assessment, as outlined in the
Engineering Division's letter dated March 30, 2001, is
included herein by reference,
the Council does hereby require the respective owners of lots and
premises referred to above to construct and install sidewalks at such
premises, and the City Clerk is hereby requested to do all things
necessary to carry out the provisions of this resolution which is made
pursuant to Section 12 04 340 of Title 12, Chapter 04 of the Livonia Code
of Ordinances, as amended, FURTHER, said notice shall set forth that the
respective owners of lots and premises herein referred to shall complete
said sidewalks on or before June 1, 2002, after which date the
Engineering Department shall arrange for the construction of the said
sidewalks in accordance with Section 12 04 350 of the Livonia Code of
Ordinances, as amended
A communication from the Engineering Division, dated March 26, 2001,
re a proposed Special Assessment Sidewalk Installation Project on Six Mile Road at
1-275, was received and placed on file for the information of the Council (CR 169-01)
32993
On a motion by Laura, seconded by Duggan, and unanimously adopted, it
was
411.0
CR 332-01 RESOLVED, that having considered the report and
recommendation of the Streets, Roads and Plats Committee, dated May
1, 2001, submitted pursuant to Council Resolution 169-01, and the report
and recommendation from the Director of Public Works and the City
Engineer, dated February 20, 2001, which bears the signature of the
Director of Finance and is approved for submission by the Mayor,
regarding the proposed installation of sidewalks on Six Mile Road at 1-275,
in the City of Livonia at the following locations
Parcels of property and assessment, as outlined in the
Engineering Division's letter dated March 26, 2001, is
included herein by reference,
the Council does hereby require the respective owners of lots and
premises referred to above to construct and install sidewalks at such
premises, and the City Clerk is hereby requested to do all things
necessary to carry out the provisions of this resolution which is made
pursuant to Section 12 04 340 of Title 12, Chapter 04 of the Livonia Code
of Ordinances, as amended, FURTHER, said notice shall set forth that the
respective owners of lots and premises herein referred to shall complete
said sidewalks on or before June 1, 2002, after which date the
Engineering Department shall arrange for the construction of the said
sidewalks in accordance with Section 12 04 350 of the Livonia Code of
Ordinances, as amended
On a motion by Duggan, seconded by Laura, and unanimously adopted, it
was
CR 333-01 RESOLVED, that having considered the report and
recommendation of the Committee of the Whole, dated May 9, 2001,
submitted pursuant to Council Resolution 18-00, and a communication
from the Personnel Director, dated May 15, 2001, which bears the
signature of the Director of Finance and is approved for submission by the
Mayor, and which transmits a resolution adopted by the Civil Service
Commission on May 15, 2001, wherein the Commission has approved the
proposed Supplemental Agreement to the Agreement between the City of
Livonia and the Livonia Police Officers Association for the period
December 1, 1997 through November 30, 2006, the Council does hereby
concur in the recommendation of the Civil Service Commission and the
said Supplemental Agreement to the Agreement is hereby approved
Councilmember Laura gave first reading to the following Ordinance
REVISED PAGE
32994
AN ORDINANCE AMENDING SECTION 11 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 00-12-1-23)
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
Councilmember Duggan gave first reading to the following Ordinance
AN ORDINANCE AMENDING SECTION 040 OF TITLE 13,
CHAPTER 08 (WATER SERVICE RATES AND REVENUE)
OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED
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
Councilmember Duggan gave first reading to the following Ordinance
AN ORDINANCE AMENDING SECTION 050 OF TITLE 13,
CHAPTER 28 (INDUSTRIAL WASTE SURCHARGE) OF
THE LIVONIA CODE OF ORDINANCES, AS AMENDED
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
Councilmember Duggan gave first reading to the following Ordinance
AN ORDINANCE AMENDING SUBSECTION D OF
SECTION 120 OF TITLE 13, CHAPTER 20 (LIVONIA
SEWAGE DISPOSAL SYSTEM) OF THE LIVONIA CODE
OF ORDINANCES, AS AMENDED
32995
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
Council President Brosnan passed the gavel to Vice-President Vandersloot and left the
podium due to a possible conflict of interest at 11 17 p m
A communication from the Engineering Division, dated May 9, 2001, re
additional and revised costs associated with the completion of the Old Rosedale
Gardens Special Assessment Street Improvement Project, was received and placed on
file for the information of the Council (CR 767-98) (S.A.D No 398)
An e-mail communication from Julie Rzepka, 247 Rosebud Ct., Walled
Lake, MI 48390, and City Engineer Schron's response to her re final billing for street
paving at their previous home in Old Rosedale Gardens, was received and placed on
file for the information of the Council (S.A.D No 398)
On a motion by Engebretson, seconded by Pastor, and unanimously
adopted, it was
CR 334-01 RESOLVED, that having considered the report and
recommendation of the City Engineer, dated March 16, 2001, which bears
the signature of the Director of Finance, is approved by the Director of
Public Works, and approved for submission by the Mayor, and the
attached letter from Nagle Paving Company, dated December 7, 2000,
regarding additional costs incurred in connection with the Old Rosedale
Gardens Paving Improvement Project (Contract 98M), the Council does
hereby authorize final payment in the amount of $179,046 41 to Nagle
Paving Company, 30630 W Twelve Mile Road, Suite A, Farmington Hills,
Michigan 48334, which sum includes the full and complete balance due to
cover the additional costs of such project, which work was authorized in
Council Resolution 766-98, adopted on October 7, 1998, and the Council
does hereby appropriate and authorize the expenditure of the additional
sum of $179,046 41 from the Local Road Fund (No 203) for this purpose
32996
On a motion by Engebretson, seconded by Pastor, and unanimously adopted, it
was
CR 335-01 RESOLVED, that having considered the report and
recommendation of the City Engineer, dated March 16, 2001, which bears
the signature of the Director of Finance, is approved by the Director of
Public Works, and approved for submission by the Mayor, and a
subsequent communication dated May 9, 2001, with regard to final costs
for the Old Rosedale Gardens Special Assessment Street Improvement
Project (S.A.D No 398) in the Northeast 1/4 of Section 34, the Council
does hereby determine that based upon actual costs certain deficiencies
do exist and in accordance with the provisions set forth in Section
3 08 270 of the Livonia Code of Ordinances, as amended, that Special
Assessment District No 398 should be amended so as to revise the
assessment rate of $23 95 per foot as revised by Council Resolution 767-
98, to a new assessment rate of $30 64 per foot, which rate will reflect
actual costs incurred for this project, and so as to revise the total
assessment as set forth in the confirmed assessment roll for S.A.D No
398 from $980,980 00 to $1,255,366 73 and such assessment to be made
on the basis of the same ratio as that originally assessed for the Special
Assessment District; FURTHER, the Council does hereby request that the
City Assessor prepare a new special assessment roll for submission to the
Council for the purpose of conducting a new public hearing to be held on
WEDNESDAY, JUNE 27, 2001 AT 7.00 P M AT THE CITY HALL, 33000
CIVIC CENTER DRIVE, LIVONIA, MICHIGAN, FURTHER, the City Clerk
and City Treasurer are hereby authorized to do all things necessary or
incidental to the full performance of this resolution
Council President Brosnan returned to the podium at 11 27 p m , and the gavel was
passed back to her at that time
On a motion by Pastor, seconded by Duggan, it was
CR 336-01 RESOLVED, that having considered a letter from Mr and
Mrs Wesley Richards, dated May 3, 2001, requesting elimination of the
sidewalk requirement with respect to the new construction located at
20370 Oporto, the Council does hereby determine to take no further action
with respect to this request.
A roll call vote was taken on the foregoing resolution with the following result:
AYES Pastor, Duggan, Laura and Engebretson
NAYS Vandersloot, Walsh and Brosnan
32997
The President declared the resolution duly adopted
Photos of property located at 20370 Oporto and the surrounding
neighborhood from Kristi Richards, received on May 16, 2001, re her request to waive
the sidewalk requirement for their above-listed property, were received and placed on
file for the information of the Council
A communication from the Engineering Division, dated May 14, 2001, re
their recommendation to deny the request of Wesley and Kristi Richards for a waiver of
the sidewalk requirement at their property located at 20370 Oporto, was received and
placed on file for the information of the Council
On a motion by Laura, seconded by Duggan, and unanimously adopted, it
was
CR 337-01 RESOLVED, that having considered a letter from Mr and Mrs
Wesley Richards, dated May 3, 2001, requesting elimination of the sidewalk
requirement with respect to the new construction located at 20370 Oporto,
the Council does hereby refer the issue of the fence to the north of this
property to the Inspection Department for its report and recommendation,
including other recently constructed homes in the area for possible
installation of sidewalks
On a motion by Laura, seconded by Engebretson and unanimously
adopted, it was
CR 338-01 RESOLVED, that having considered a letter from Mr and
Mrs Wesley Richards, dated May 3, 2001, requesting elimination of the
sidewalk requirement with respect to the new construction located at
20370 Oporto, the Council does hereby refer the subject of sidewalks in
connection with new construction to the Committee of the Whole for its
report and recommendation
On a motion by Walsh, seconded by Pastor, and unanimously adopted, it
was
32998
CR 339-01 RESOLVED, that having considered a communication from
the City Planning Commission, dated March 7, 2001, which sets forth its
resolution 2-39-2001 adopted on February 27, 2001, with regard to
Petition 01-1-6-1 submitted by the City Planning Commission, pursuant to
Council Resolution 901-00, to determine whether or not to amend Article
IX Section 9 03 of the Zoning Ordinance so as to allow the operation of
photographic studios as a waiver use in the OS district, and the Council
having conducted a public hearing with regard to this matter on Monday,
April 30, 2001, pursuant to Council Resolution 160-01, the Council does
hereby approve Petition 01-1-6-1 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 Duggan, seconded by Pastor, and unanimously adopted,
it was
CR 340-01 RESOLVED, that having considered a communication from
the City Librarian, dated April 23, 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 $36,771 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 $21,035 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 donations of various
gifts and cash presented to the Library
On a motion by Pastor, seconded by Walsh, and unanimously adopted, it
was
CR 341-01 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
Item X1, Petition 00-11-2-35, submitted by SJL Development for waiver
use approval, was moved to the next Regular Meeting of June 4, 2001, at the request of
the petitioner
At the direction of the Chair, a communication from the Mayor, dated May
7, 2001, re his veto of CR 298-01, relative to a waiver approval to operate a full-service
32999
restaurant at 30375 Plymouth Road, specifically a Hooters Restaurant at the Quality Inn
site, was received and placed on file for the information of the Council (Petition 00-11-
2-32)
The following persons spoke in opposition to the Mayor's veto of CR 298-01, Petition
00-11-2-32 submitted by Hooters of Livonia, Inc for waiver use approval to operate a
full-service restaurant on property located at 30375 Plymouth Road
Charles Lane, attorney for Hooters of Livonia, 4266 Garfield, Clinton
Twsp , MI and Jessica Lane
J R. George 30805 Plymouth Road
Marshall Belleperche 15725 Harrison
William Hill 16459 Parklane
The following persons spoke in favor of the Mayor's veto of CR298-01, Petition 00-11-2-
32 submitted by Hooters of Livonia, Inc for waiver use approval to operate a full-service
restaurant on property located at 30375 Plymouth Road
Ruth Lopez 33920 Lamoyne
Rachele Messing 9135 Gillman
At the direction of the Chair, a communication from the Mayor, dated May
7, 2001, re his veto of CR 299-01, relative to utilizing a Class C license at 30375
Plymouth Road, specifically a Hooters Restaurant at the Quality Inn site, was received
and placed on file for the information of the Council (Petition 00-11-2-33)
A communication from the Civil Service Department, dated May 15, 2001,
re Supplemental Agreement to the Agreement between the City of Livonia and the
Livonia Police Officers Association of Michigan for the period December 1, 1997 —
November 30, 2006, was received and placed on file for the information of the Council
(Agenda Item #16)
A communication from the Department of Law, dated May 8, 2001, re
ordinance amendments to provide for increases in the water service consumption rate,
wastewater disposal charges, industrial surcharge rates, and decreases in industrial
33000
waste control charges, was received and placed on file for the information of the
Council (Agenda Item #18)
On a motion by Engebretson, seconded by Walsh, and unanimously
adopted, this 1,441st Regular Meeting of the Council of the City of Livonia was
adjourned at 12 00 a m , May 16, 2001
g'Jr-1,421, 6/Z Z
Joan McCotter, City Clerk