HomeMy WebLinkAboutCOUNCIL MINUTES 2001-06-04 33001
MINUTES OF THE ONE THOUSAND FOUR HUNDRED FORTY-SECOND
REGULAR MEETING OF JUNE 4, 2001
On June 4, 2001, the above meeting was held at the City Hall, 33000 Civic
Center Drive, Livonia, Michigan, and was called to order by the President of the Council
at 8 00 p m Councilmember Walsh delivered the invocation
Roll was called with the following result. John Walsh, Brian Duggan, Joe
Laura, Jack Engebretson, Val I Vandersloot, and Maureen Miller Brosnan
Absent: John Pastor
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, Alex Bishop,
Assistant Director of Building Inspection, and Ian Wilshaw, Traffic Commission
On a motion by Duggan, seconded by Vandersloot , and unanimously
adopted, it was
CR 342-01 RESOLVED, that the minutes of the 1,441st Regular Meeting
of the Council held May 16, 2001 are hereby approved as submitted
On a motion by Walsh, seconded by Laura, and unanimously adopted, it
was
CR 343-01 RESOLVED, that the Council does hereby suspend their
rules for procedure as outlined in Council Resolution 574-82 so as to
permit the renumbering of agenda items 22 through 25, inclusive
During the audience communication portion of the agenda, Mayor Jack E
Kirksey presented a commendation to Rosemary Farabaugh wherein she was
acclaimed for being chosen by the Suburban Republican Women as the 2001 recipient
of the Tribute to Women Award, and expressed his gratitude for her loyalty and
commitment to public service and her many civic contributions to the City of Livonia
Councilmember Engebretson announced the Annual Garden Walk to be held at
Greenmead Historical Park on June 23, 2001 from 10 00 am to 5 00 pm
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Councilmember Duggan announced the Arts and Crafts Festival to be held at
Greenmead on June 9 and 10, 2001
Ms Debbie Stermer asked permission of the Council to conduct a block party on June
30, 2001
On a motion by Duggan, seconded by Walsh, and unanimously adopted, it
was
CR 344-01 RESOLVED, that having considered an application from
Debbie Stermer, 20110 Floral, dated May 30, 2001, requesting permission
to close Floral between Fargo and Norfolk on Saturday, June 30, 2001,
from 11.00 a m to 10 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.
Rick Rainville, 9928 Hubbard, Livonia, 48150, thanked Councilmember John Walsh for
his years of service to the City of Livonia, and commented on various ongoing projects
in the City of Livonia
Council President Brosnan offered her congratulations to Rosemary Farabaugh on her
commendation from Mayor Kirksey, and also offered her congratulations to her father
on the occasion of his retirement from Detroit Diesel, where he was employed for 42
years
A communication from the Department of Finance, dated May 21, 2001,
re forwarding various financial statements of the City of Livonia for the month ending
April 30, 2001 was received and placed on file for the information of the Council
A communication from Newburgh United Methodist Church, 36500 Ann
Arbor Trail, Livonia 48150, dated May 22, 2001, re request to place signs at
referenced locations to advertise a Mom-To-Mom Sale, was received and placed on file
for the information of the Council (Agenda Item #3)
A communication from the Inspection Department, dated May 30, 2001,
re site visits by said Department to the U-Haul Corp , 33729 Plymouth Road, and the
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condition of the property, was received and placed on file for the information of the
Council (Petition 01-3-2-6) (Agenda Item # 15)
Two communications from the Department of Assessment, dated May 25,
2001, re Application for transfer of a Industrial Facilities Exemption Certificate from
GPD, Inc to Blue Dot Design, L L C and to Fusion Tech, Inc , Certificate No 93-636,
was received and placed on file for the information of the Council (Agenda Item
#16[a])
On a motion by Duggan, seconded by Vandersloot, and unanimously
adopted, it was
CR 345-01 RESOLVED, that having considered an application from
Terry Lambert, 33051 Perth, dated May 2, 2001, requesting permission to
close Perth between the addresses of 33129 and 32908 on Saturday, July
14, 2001, from 1 00 p m to 9 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, July
21, 2001, in the event of inclement weather, the action taken herein being
made subject to the approval of the Police Department.
CR 346-01 RESOLVED, that having considered an application from
Patricia Oginski, 29633 Bentley, dated May 3, 2001, requesting
permission to close Bentley between Beatrice and Melvin on Saturday,
June 30, 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, the
action taken herein being made subject to the approval of the Police
Department.
CR 347-01 RESOLVED, that having considered a letter from Vicki
Reault, representing Newburg United Methodist Church, dated May 22,
2001, which requests permission to display 20 signs announcing the
Newburg United Methodist Mom-to-Mom Sale to be conducted on
Saturday, September 29, 2001, and a Quilt Show to be conducted on
Friday and Saturday, November 16 and 17, 2001 , which signs are to be
18"x 24" in size and which will be displayed at the following locations (two
signs at each corner) no earlier than Saturday, September 22, 2001, and
removed not later than Sunday, September 30, 2001 , for the Mom-to-
Mom Sale and installed no earlier than Friday, November 9, 2001, and
removed not later than Sunday, November 18, 2001 , for the Quilt Show
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Ann Arbor Trail and Ann Arbor Road 1-96 and Farmington
L
1-275 and Ann Arbor Trail Newburgh and Five Mile
Ann Arbor Trail and Wayne Newburgh and Six Mile
Ann Arbor Trail and Farmington Newburgh and Ann Arbor
Trail
1-96 and Newburgh Newburgh and Levan
the Council does hereby grant and approve this request in the manner
and form herein submitted
CR 348-01 RESOLVED, that having considered a letter from Robert
Canzano, Canzano Contracting Corporation, dated May 5, 2001,
requesting elimination of the sidewalk requirement with respect to the new
construction located at 19102 Fitzgerald Street, the Council does hereby
refer this matter to the Committee of the Whole for its report and
recommendation
CR 349-01 RESOLVED, that having considered a letter from Robert
Canzano, Canzano Contracting Corporation, dated May 5, 2001,
requesting elimination of the sidewalk requirement with respect to the new
construction located at 19102 Fitzgerald Street, the Council does hereby
refer this matter to the Engineering Division for its report and
Lrecommendation
A communication from the Office of Emergency Preparedness, dated May
10, 2001, re the placing of outdoor warning sirens on cell towers, was received and
placed on file for the information of the Council
A communication from Richard W McDowell, Chairperson of the Board of
Ethics, re the third Annual Report of the Livonia Board of Ethics issued pursuant
to Livonia Code of Ordinances Section 2 200 070 (D)(9), was received and
placed on file for the information of the Council
CR 350-01 RESOLVED, that having considered a letter from the
Michigan Liquor Control Commission, dated September 1, 1999, and the
report and recommendation of the Chief of Police, dated May 3, 2001,
approved for submission by the Mayor, the Council does hereby approve
L of the request from Perry Drug Stores, Inc to add space to 1999 SDM
License for a business located at 33480 W Seven Mile Road, Livonia,
Michigan, Wayne County; and the City Clerk is hereby requested to
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forward a certified copy of this resolution to the Michigan Liquor Control
Commission
CR 351-01 RESOLVED, that having considered a communication from
the Director of Community Resources, dated April 25, 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 the grant for Healthy Aging In Place in the amount of $3,500 00
from the Livonia Community Foundation, Inc , the same to be used to
provide in-home support services for older adults
CR 352-01 RESOLVED, that having considered a communication from
the Director of Community Resources, dated May 3, 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 the grant in the amount of $4,550 00 from the Office of Services to
the Aging, the same to be used to purchase a double oven for the Civic
Park Senior Center
CR 353-01 RESOLVED, that having considered a communication from
the Department of Law, dated May 8, 2001, approved for submission by
the Mayor, to which is attached a proposed lease amendment between
the City of Livonia and Nextel West Corp , d/b/a/ Nextel Communications,
to allow Nextel to lower its antennae array on the police communications
tower from the 210' level to the 100' level in order to improve reception
and transmission, the Council does hereby authorize the Mayor and City
Clerk, for and on behalf of the City of Livonia, to execute the attached
proposed Lease Amendment No 1 in the manner and form herein
submitted, as well as to do all things necessary or incidental to the full
performance of this resolution
CR 354-01 RESOLVED, that having considered a communication from
the Department of Law, dated May 11, 2001, approved for submission by
the Mayor, which submits a proposed amendment to Section 18 58 of
Article XVIII of the Livonia Zoning Ordinance for the purpose of
establishing a 60-day time limit from the date a site plan is approved by
Council for the submittal of any additional information, such as landscape
plans and signage, and in accordance with the provisions set forth in
Section 23 01(a) of the Livonia Zoning Ordinance, the Council does
hereby determine on its own motion to refer to and request that the City
Planning Commission conduct a public hearing on the question of whether
such amendment should be made, and thereafter submit a report and
recommendation to Council
CR 355-01 WHEREAS, Section 13(7) of Act 51 , Public Acts of 1951,
provides that each incorporated city and village to which funds are
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returned under the provisions of this section, that "the responsibility for
street improvements, maintenance, and traffic operations work, and the
development, construction, or repair of off-street parking facilities and
construction or repair of street lighting shall be coordinated by a single
administrator to be designated by the governing body who shall be
responsible for and shall represent the municipality in transactions with the
State Transportation Department pursuant to this Act."
THEREFORE, BE IT RESOLVED, that the Livonia City Council does
hereby designate Robert J Schron, City Engineer, as the single Street
Administrator for the City of Livonia in all transactions with the State
Transportation Department as provided in Section 13 of the Act.
CR 356-01 WHEREAS, Inkster Road in the City of Livonia, Wayne
County, Michigan, is a county road under the jurisdiction of Wayne
County; and
WHEREAS, the Wayne County Department of Public Services is
proposing a project to resurface Inkster Road from Seven Mile Road to
Eight Mile Road, and
WHEREAS, the Wayne County Internal Resurfacing Program Guidelines
call for cities to contribute one-third of the estimated cost for resurfacing
projects, and
WHEREAS, the cost for the 2001 Internal Resurfacing Program has been
estimated at $96,000 00 per lane mile and the local city share has been
estimated at $32,000 00 per lane mile, and
WHEREAS, the total cost for resurfacing Inkster Road from Seven Mile
Road to Eight Mile Road has been estimated at $229,440 00 and the City
of Livonia share has been established at $38,240 00
NOW, THEREFORE, BE IT RESOLVED, that the Livonia City Council
does on this 4th day of June, 2001, take this means to express its desire to
join with Wayne County in proceeding with a project to resurface Inkster
Road from Seven Mile Road to Eight Mile Road, and furthermore, does
hereby approve and authorize payment of the City's share of $38,240 00
in the manner set forth in the Wayne County Internal Resurfacing Program
Guidelines, dated November 20, 2000, FURTHER, the Council does
hereby appropriate and authorize an expenditure in the amount of
$38,240 00 from the Michigan Transportation Fund (Major Road Account)
for this purpose
CR 357-01 RESOLVED, that having considered a communication from
the City Planning Commission, dated April 27, 2001, which transmits its
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resolution 4-66-2001 adopted on April 24, 2001, with regard to Petition 01-
3-8-15 submitted by The Sinacola Companies, requesting site plan
approval in connection with a proposal to construct a condominium
development (Livonia Villa Condominiums) on property located at 9024
Middlebelt Road in the Southwest 1/4 of Section 36, pursuant to the
provisions set forth in Section 18 58 of Ordinance No 543, as amended,
the Council does hereby concur in the recommendation of the Planning
Commission and Petition 01-3-8-15 is hereby approved and granted,
subject to the following conditions
1 That the Site Plan marked Sheet CE-1 dated September 23, 1999,
as revised, prepared by The Building Design Group, is hereby
approved and shall be adhered to,
2 That the Landscape Plan marked Sheet L-1 dated September 23,
1999, as revised, prepared by The Building Design Group, is
hereby approved and shall be adhered to,
3 That all disturbed lawn areas shall be sodded in lieu of
hydroseeding,
4 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,
5 That the Exterior Building Elevation Plans marked Sheet A-3 and A-
4 both dated September 23, 1999, as revised, prepared by The
Building Design Group, are hereby approved and shall be adhered
to,
6 That the brick used in the construction shall be full-face four (4")
inch brick, no exceptions,
7 That the Entrance Marker Application, as submitted to the Planning
Commission on April 24, 2001, is hereby approved and shall be
adhered to,
8 That the brick used in the construction of the Entrance Marker shall
be the same brick used in the construction of the condominiums,
9 That street lighting shall be installed consisting of 100-watt high
pressure sodium lights on 18 ft. high Hallbrook poles with
underground wiring,
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10 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;
11 That the petitioner shall meet to the Fire Department's satisfaction
the requirements as outlined in their correspondence dated May 12,
1999
- All access roads shall become designated fire lanes and posted
as such,
- Placement landscaping shall not interfere with turning radius of
vehicles,
- Turning radius in critical areas of driveways shall be increased
from 10 feet to 15 feet; and
12 That this approval is subject to the petitioner being granted a
variance from the Zoning Board of Appeals for deficient yard
setbacks as defined in the correspondence dated May 12, 1999,
from the Inspection Department.
CR 358-01 RESOLVED, that having considered a communication from
the City Planning Commission, dated April 27, 2001, which transmits its
resolution 4-66-2001 adopted on April 24, 2001, with regard to Petition 01-
3-8-15 submitted by The Sinacola Companies, requesting site plan
approval in connection with a proposal to construct a condominium
development (Livonia Villa Condominiums) on property located at 9024
Middlebelt Road in the Southwest 1/4 of Section 36, pursuant to the
provisions set forth in Section 18 58 of Ordinance No 543, as amended,
the Council does hereby refer the subject of landscape plan conformance
to the Planning Department for its report and recommendation
CR 359-01 RESOLVED, that having considered a communication from
the City Planning Commission, dated May 10, 2001, which transmits its
resolution 5-76-2001, adopted on May 8, 2001 , with regard to Petition 01-
3-2-6, submitted by U-Haul Corporation, requesting waiver use approval to
rent trucks on property located on the south side of Plymouth Road
between Stark and Farmington Roads in the Northeast 1/4 of Section 33,
which property is zoned C-2, the Council does hereby refer this matter to
the Committee of the Whole for its report and recommendation
CR 360-01 RESOLVED, that having considered a communication from
the City Planning Commission, dated May 10, 2001, which transmits its
resolution 5-76-2001, adopted on May 8, 2001, with regard to Petition 01-
i 3-2-6, submitted by U-Haul Corporation, requesting waiver use approval to
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rent trucks on property located on the south side of Plymouth Road
between Stark and Farmington Roads in the Northeast 1/4 of Section 33,
which property is zoned C-2, the Council does hereby refer this matter to
the Plymouth Road Development Authority for its report and
recommendation
CR 361-01 RESOLVED, that having considered a communication from
the City Planning Commission, dated May 10, 2001, which transmits its
resolution 5-76-2001, adopted on May 8, 2001, with regard to Petition 01-
3-2-6, submitted by U-Haul Corporation, requesting waiver use approval to
rent trucks on property located on the south side of Plymouth Road
between Stark and Farmington Roads in the Northeast 1/4 of Section 33,
which property is zoned C-2, the Council does hereby refer the subject of
the adequacy of parking at this location to the Planning Department for its
report and recommendation
CR 362-01 WHEREAS, the City of Livonia has received applications
from Blue Dot Design, LLC, and Fusion Tech, Inc., 35457 Industrial Road,
dated April 16, 2001, for transfer of the tax abatement previously granted
to GPD, Inc on December 30, 1993, in Council Resolution 1007-93 for 12
years (Industrial Facilities Exemption Certificate No 93-636), for a facility
located at 35457 Industrial Road which is located in City of Livonia
Industrial Development District No 57,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
LIVONIA that it determines as follows
1 The City Clerk shall provide copies of the said Applications to the
legislative bodies of the governmental units deriving property taxes
from the property which will be affected, as required by Act 198,
P.A. 1974, as amended
2 The City Clerk shall contact each of the affected taxing units and, (i)
indicate the Council's interest in this matter, and (ii) assist these
taxing units in collecting such information as may be necessary to
determine their respective opinions on these Applications and, (iii)
advise the said taxing units of this Council's desire to hold a hearing
on these Applications on Monday, July 9, 2001, at 7 00 p m at the
Livonia City Hall, 33000 Civic Center Drive, Livonia, Michigan
3 The Council hereby sets Monday, July 9, 2001, at 7 00 p m at the
Livonia City Hall, 33000 Civic Center Drive, Livonia, Michigan, as
the date, time and place for conducting a hearing on said
Applications
CR 363-01 RESOLVED, that in accordance with the provisions set forth
in Section 4 of Act 207 of the Public Acts of Michigan of 1921, as
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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 01-4-1-4, submitted by Hurley Homes, Inc , for a
change of zoning of property located on the south side of Six
Mile Road between Middlebelt Road and Oporto Street in the
Northeast 1/4 of Section 14, from OS to RUFA, the City
Planning Commission in its resolution 5-74-2001 having
recommended to the City Council that Petition 01-4-1-4 be
approved,
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
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
CR 364-01 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 items
1 Petition 01-3-6-2, submitted by the City Planning
Commission, pursuant to Council Resolution 45-01, to
determine whether or not to amend Section 4 02 of Article IV
of the Zoning Ordinance so as to establish various
restrictions in connection with home businesses, the City
Planning Commission in its resolution 5-79-2001 having
recommended to the City Council that Petition 01-3-6-2 be
approved,
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2 Petition 01-3-6-3, submitted by the City Planning
Commission, pursuant to Council Resolution 66-01, to
determine whether or not to amend Sections 10 02 and
10 03 of Article X and Sections 11 02 and 11 03 of Article XI
of the Zoning Ordinance so as to designate drug stores and
pharmacies as waiver uses, the City Planning Commission
in its resolution 5-80-2001 having recommended to the City
Council that Petition 01-3-6-3 be denied, and
3 Petition 01-3-6-4, submitted by the City Planning
Commission, pursuant to Council Resolution 78-01, to
determine whether or not to amend Section 10 03 of Article
X of the Zoning Ordinance so as to add full-service
restaurants as waiver uses in the C-1 zoning district, the City
Planning Commission in its resolution 5-81-2001 having
recommended to the City Council that Petition 01-3-6-4 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 amendments to the
Zoning Ordinance, and/or (b) locations 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
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 Walsh, Duggan, Laura, Engebretson, Vandersloot and
Brosnan
NAYS None
The audit reports of the City of Livonia (Financial Report with Additional
Information dated November 30, 2000), for District Court Funds of District No 16
(Financial Report with Additional Information dated November 30, 2000), for the
Economic Development Corporation (Financial Report dated November 30, 2000) and
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the Federal Awards (Supplemental Information dated November 30, 2000), were
received and placed on file for the information of the Council (CR 181-01)
On a motion by Walsh, seconded by Laura, and unanimously adopted, it
was
CR 365-01 RESOLVED, that having considered the report and
recommendation of the Legislative Committee, dated May 14, 2001,
submitted pursuant to Council Resolution 784-99, and a communication
from the City Planning Commission, dated October 7, 1999, which
transmits its resolution 10-168-99 adopted on October 5, 1999, with
regard to Petition 99-9-GB-6 submitted by George Weingarden, on behalf
of Parkside Pavilion Office Complex, requesting to substitute a greenbelt
for the protective wall on property located at 18290 Middlebelt Road in the
Northwest 1/4 of Section 12, as outlined in Section 18 45 of Ordinance No
543, as amended, the Council does hereby concur in the recommendation
of the Planning Commission and Petition 99-9-GB-6 is hereby approved
and granted, subject to the following conditions
1 That the landscaped greenbelts along the east and south property
lines, as shown on the plan dated May 22, 2001, as revised,
prepared by R A. Zischke Architect, shall be substituted for the
protective wall required by Section 18 45 of the Zoning Ordinance,
2 That these areas shall remain in their present state and any
changes to these areas shall require Planning Commission and
City Council review and approval,
3 That the landscape greenbelt located along the north property line
between the existing wall and the northeast corner of the property
shall be substituted for the protective wall,
4 That the 56 foot wooden fence shall be substituted for the masonry
wall along the north property line and maintained in a proper
fashion, and
5 That all landscaping shown on the above-referenced plan shall be
properly maintained in a healthy condition to the satisfaction of the
Inspection Department.
A site plan from Architecturally Speaking, 31183 W Ten Mile Road,
Farmington Hills, MI 48836, dated May 1, 2001, re Farmers Insurance/Schmidt
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Agency, located at 16013 Middlebelt Road, Livonia, 48154, was received and placed on
file for the information of the Council (Petition 99-10-GB-9)
On a motion by Walsh, seconded by Duggan, and unanimously adopted, it
was
CR 366-01 RESOLVED, that having considered the report and
recommendation of the Legislative Committee, dated May 14, 2001,
submitted pursuant to Council Resolution 785-99, and a communication
from the City Planning Commission, dated October 21, 1999, which
transmits its resolution 10-181-99 adopted on October 19, 1999, with
regard to Petition 99-10-GB-9 submitted by Michele Schmidt, on behalf of
the Schmidt Insurance Agency, requesting to substitute a greenbelt for the
protective wall on property located at 16013 Middlebelt Road in the
Northeast 1/4 of Section 14, as outlined in Section 18 45 of Ordinance No
543, as amended, the Council does hereby concur in the recommendation
of the Planning Commission and Petition 99-10-GB-9 is hereby approved
and granted, subject to the following conditions
1 That the landscaped greenbelt along the west property line, as
shown on the plan dated May 1, 2001, prepared by Architecturally
Speaking, shall be substituted for the protective wall required by
Section 18 45 of the Zoning Ordinance,
2 That any changes to this area shall require Planning Commission
and City Council review and approval,
3 That all landscaping shown on the above-referenced plan shall be
properly maintained in a healthy condition to the satisfaction of the
Inspection Department.
On a motion by Walsh, seconded by Laura, and unanimously adopted, it
was
CR 367-01 RESOLVED, that having considered the report and
recommendation of the Legislative Committee, dated May 14, 2001,
submitted pursuant to Council Resolution 785-99, the Council does hereby
refer the subject of the preparation of a proposed ordinance amendment
requiring the submission of a landscape plan with all future greenbelts
petitions and to establish a specific timeframe for completion of the
proposed greenbelt improvements to the Department of Law, the same to
thereafter be submitted to Council for its consideration
On a motion by Walsh, seconded by Engebretson, and unanimously
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adopted, it was
CR 368-01 RESOLVED, that having considered the report and
recommendation of the Legislative Committee, dated May 14, 2001,
submitted pursuant to Council Resolution 803-99, and a communication
from the City Planning Commission, dated October 20, 1999, which
transmits its resolution 10-180-99 adopted on October 19, 1999, with
regard to Petition 99-9-GB-8 submitted by Parz Associates, on behalf of
the Plymouth Square Shopping Center, requesting to substitute a
greenbelt for the protective wall as outlined in Section 18 45 of Zoning
Ordinance No 543, as amended, for property located at 31153 Plymouth
Road in the Northwest 1/4 of Section 35, the Council does hereby concur
in the recommendation of the Planning Commission and Petition 99-9-GB-
8 is hereby approved and granted, subject to the following conditions
1 That the 113 ft. by 40 ft. landscaped greenbelt next to the
southwest corner of the property, as shown on the plan marked
Sheet S-1, dated September 24, 1999, as revised, prepared by
Seymour H Mandell, shall be substituted for the protective wall
required by Section 18 45 of the Zoning Ordinance,
2 That any changes to this area shall require Planning Commission
and City Council review and approval,
3 That gates shall be installed and maintained on the existing trash
dumpster enclosure and, when not in use, closed at all times, and
4 That all landscaping shown on the above-referenced plan shall be
properly maintained in a healthy condition to the satisfaction of the
Inspection Department.
A map from the Planning Department, dated May 29, 2001, re proposed
greenbelt area to be located at Livonia Car Care, 36251 Five Mile Road, Livonia, was
received and placed on file for the information of the Council (Petition 00-5-GB-1)
On a motion by Walsh, seconded by Duggan, and unanimously adopted, it
was
CR 369-01 RESOLVED, that having considered the report and
recommendation of the Legislative Committee, dated May 14, 2001,
submitted pursuant to Council Resolution 532-00, and a communication
from the City Planning Commission, dated June 14, 2000, which transmits
its resolution 6-121-2000, adopted on June 13, 2000, with regard to
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Petition 00-5-GB-1, submitted by Livonia Car Care, requesting approval to
substitute a greenbelt for the protective wall as outlined in Section 18 45 of
Zoning Ordinance No 543, as amended, for property located at 36251
Five Mile Road in the Northeast 1/4 of Section 20, the Council does
hereby concur in the recommendation of the Planning Commission and
Petition 00-5-GB-1 is hereby approved and granted, subject to the
following conditions
1 That the existing wooded area and natural landscaped greenbelt
consisting of the south approximately 140 feet of the property, as
shown on the plan prepared by the Planning Department dated
May 29, 2001, shall be substituted for the protective wall required
by Section 18 45 of the Zoning Ordinance,
2 That in the event there are any change of circumstances in the area
containing the greenbelt resulting in a diminution of the greenbelt's
effectiveness as a protective barrier, the owner of the property shall
be required to construct the protective wall pursuant to Section
18 45 of the Zoning Ordinance, and
3 That all landscaping shown on the above-referenced plan shall be
properly maintained in a healthy condition to the satisfaction of the
Inspection Department.
A communication from the Inspection Department, dated May 23,
2001, re their investigation of concerns raised by Mrs William T Gonterman related to
a proposed greenbelt area on her west property line, was received and placed on file for
the information of the Council (CR 595-00) (Petition 76-12-8-30)
On a motion by Walsh, seconded by Duggan, and unanimously adopted, it
was
CR 370-01 RESOLVED, that having considered the report and
recommendation of the Legislative Committee, dated May 14, 2001,
submitted pursuant to Council Resolution 595-00, and a communication
from the City Planning Commission, dated July 14, 2000, which transmits
its resolution 7-139-2000, adopted on July 11, 2000, with regard to
Petition 76-12-8-30, submitted by John F Sivertson, DDS, MS, requesting
to amend the site plan that was approved by the City on February 2, 1977,
by substituting a greenbelt for the protective wall as outlined in Section
18 45 of Ordinance No 543, as amended, for property located at 31636
Schoolcraft Road in the Southeast 1/4 of Section 22, the Council does
33016
hereby concur in the recommendation of the Planning Commission and
Petition 76-12-8-30, as amended, is hereby approved and granted, subject
to the following conditions
1 That the landscaped greenbelt along the north property line, as
shown on the plan dated June 14, 2000, and received by the
Planning Commission on June 16, 2000, shall be substituted for the
protective wall required by Section 18 45 of the Zoning Ordinance,
2 That in the event there are any change of circumstances in the area
containing the greenbelt resulting in a diminution of the greenbelt's
effective as a protective barrier, the owner of the property shall be
required to construct the protective wall pursuant to Section 18 45
of the Zoning Ordinance,
3 That the request for the permanent substitution of the protective
wall with a landscaped greenbelt along the west property line is
hereby denied,
4 That because the revised plan, referenced in Condition No 1, does
not show a wall along the west property line, the petitioner shall
have the option of going before the Zoning Board of Appeals for a
temporary variance waiving the wall or installing the wall
immediately; and
5 That all landscaping shown on the above-referenced plan shall be
properly maintained in a healthy condition to the satisfaction of the
Inspection Department.
A communication from SJL Development of Livonia, L L C , 20025
Shadyside, Livonia, 48152, dated April 18, 2001, re proposed Master Deed and
Bylaws of Deer Woods of Livonia Condominium and aerial photograph of the landsite
and those of the immediate neighbors, was received and placed on file for the
information of the Council (Petition 00-11-2-35) (CR 231-01)
A Site Plan from Arpee/Donnan, Inc , dated April 23, 2001, re Deer
Woods of Livonia Condominium, was received and placed on file for the information of
the Council (Pet. 00-11-2-35)
33017
An aerial plan received May 15, 2001, re the Deer Woods of Livonia
Condominium site, was received and placed on file for the information of the Council
(Petition 00-11-2-35)
A communication from SJL Development of Livonia, L L C , 20025
Shadyside, Livonia, 48152, dated May 16, 2001, re the postponement of their request
for waiver use approval to construct a cluster housing project on property located on the
north side of Five Mile Road between Fairlane and Ellen Drives from the May 16, 2001
to the June 4, 2001 Regular Meeting of the City Council, was received and placed on
file for the information of the Council (Petition 00-11-2-35)
A communication from Rose and Bruno Warmann, 15362 Fairlane Drive,
Livonia, 48154, dated May 16, 2001, re their concerns about the effects of the
proposed Deer Woods Condominium Development will have on the environment, was
received and placed on file for the information of the Council (Petition 00-11-2-35)
A revised site plan, dated May 22, 2001 , re waiver use approval for Deer
Woods of Livonia Condominium Development, with a cover letter from SJL
Development, dated May 31, 2001, was received and placed on file for the information
of the Council (Petition 00-11-2-35)
A communication from the Department of Law, dated May 31, 2001, re
notification by Wayne County that the City of Livonia will be required to assume
responsibility for maintenance of all storm water detention/retention and outlet facilities
in new development projects in the City, and asking for reimbursement from SJL
Development, L L C for such costs that may be incurred at the Deer Woods of Livonia
33018
Condominium Development, was received and placed on file for the information of the
Council (Petition 00-11-2-35)
On a motion by Duggan, seconded by Engebretson, it was
CR 371-01 RESOLVED, that having considered the report and
recommendation of the Committee of the Whole, dated May 15, 2001,
submitted pursuant to Council Resolution 231-01, and a communication
from the City Planning Commission, dated March 26, 2001, which
transmits its resolution 3-47-2001, adopted on March 20, 2001, with
regard to Petition 00-11-2-35, submitted by SJL Development, L L C ,
requesting waiver use approval to construct a cluster housing project on
property located on the north side of Five Mile Road between Fairlane
Drive and Ellen Drive in the Southwest 1/4 of Section 16, which property is
zoned R-3C, the Council does hereby concur in the recommendation
made by the City Planning Commission and Petition 00-11-2-35 is hereby
approved and granted, subject to the granting of a variance by the Zoning
Board of Appeals for deficient setback from a major thoroughfare and
subject to the following additional conditions
1 That the Site Plan, marked Sheet 1, Job #01004, prepared by
Arpee/Donnan, Inc , received June 1, 2001, is hereby approved
and shall be adhered to,
2 That the first floor and chimney of each condominium unit shall be
brick on all four sides, and the total amount of brick on each unit
shall be not less than 70% on two-story and not less than 90% on
one-story dwellings,
3 That the brick used in the construction of each condominium unit
shall be full-face four (4") inch brick, no exceptions,
4 That the Landscape Plan, marked Job #LS 01 067 00, prepared by
Calvin Hall & Associates, dated February 26, 2001, is hereby
approved and shall be adhered to, except as modified under
Conditions No 7 and No 8 below;
5 That all landscaping shown on the above-referenced landscape
plan shall be installed to the satisfaction of the Inspection
Department, with additional landscaping to be added on the east
side of Units 7 and 8 where the turkey farm abuts the property;
6 That the petitioner shall meet to the Fire Department's satisfaction
the following requirements as outlined in a letter from the Fire
Marshall dated February 26, 2001,
33019
- An additional hydrant shall be provided at the entrance of
Andrea Court and Five Mile,
- The most remote hydrant shall flow 100 GPM with a 20 PSI
residual pressure,
- Hydrant spacing in the commercial/retail groupings shall be
consistent with the City of Livonia Ordinances,
7 That the entrance sign shown on the above-referenced landscape
plan is approved except that the sign area shall not exceed 20
square feet and the sign height shall not exceed 5 feet;
8 That the brick entry piers and wing walls shown on the above-
referenced landscape plan shall be downsized and are approved
subject to the granting of all necessary variances by the Zoning
Board of Appeals,
9 That the Site Plan and Landscape Plan referenced in this approving
resolution shall be submitted to the Inspection Department at the
time the building permits are applied for;
10 That the petitioner shall submit a copy of the Master Deed together
with the Site Plan for review and approval by the City Council, and
11 That the petitioner shall include language in the Master Deed
wherein the Condominium Association shall reimburse the City of
Livonia for any maintenance or repair costs for the stormwater
detention/retention and outlet facilities, and giving the City of
Livonia the right to impose liens on each homeowner's property and
real estate tax bills in the event said charges are not paid by the
Condominium Association within 30 days of billing by the City of
Livonia
A roll call vote was taken on the foregoing resolution with the following result:
AYES Walsh, Duggan, Engebretson, Vandersloot and Brosnan
NAYS Laura
The President declared the resolution duly adopted
Mr James Szkrybalo, SJL Development of Livonia, L L C thanked all the people
involved in the process of bringing his petition to the approval stage (Petition 00-11-2-
35)
33020
Mr Robert Cross, 35009 Roycroft, Livonia, 48154 expressed his desire to see the
revised site plan to make certain that none of the homes will be built in the flood plain
(Petition 00-11-2-35)
Mr Todorov, 15530 Riverside, Livonia, 48154, inquired as to the number of homes
that are to be built.
A communication from Gary Steven Jonna, Jonna Realty Enterprises,
dated December 8, 1998, re adjournment of Jonna Realty Enterprises' request for a
change of zoning of property on the west side of 1-275 between Seven and Eight Mile
Roads from POII to C-2 and C-4, was received and placed on file for the information of
the Council (Petition 98-4-1-7) (CR 611-98)
On a motion by Duggan, seconded by Walsh, and unanimously adopted, it
was
CR 372-01 RESOLVED, that having considered the report and
recommendation of the Committee of the Whole, dated May 23, 2001,
submitted pursuant to Council Resolution 611-98, and a communication
from the City Planning Commission, dated June 1, 1998, which sets forth
its resolution 5-77-98 adopted on May 19, 1998, with regard to Petition 98-
4-1-7, submitted by Jonna Realty Enterprises for a change of zoning of
property located on the west side of 1-275 between Seven Mile and Eight
Mile Roads, in the Southwest 1/4 of Section 6, from POII to C-2 and C-4,
and the Council having conducted a public hearing with regard to this
matter on July 22, 1998, pursuant to Council Resolution 452-98, the
Council does hereby determine to take no further action with respect to
this matter
A communication from Charles Tangora, Brashear, Tangora, Gallagher,
Creighton & Amann, LLP, dated February 7, 2001, re withdrawal of a petition for
Durresi Restaurant, was received and placed on file for the information of the Council
(Petition 00-7-1-14)
On a motion by Duggan, seconded by Vandersloot, and unanimously
adopted, it was
33021
CR 373-01 RESOLVED, that having considered the report and
recommendation of the Committee of the Whole, dated May 23, 2001,
submitted pursuant to Council Resolution 890-00, and a communication
from the City Planning Commission, dated September 20, 2000, which
sets forth its resolution 9-174-2000 adopted on September 19, 2000, with
regard to Petition 00-7-1-14, submitted by Brashear, Tangora and Spence,
LLP, on behalf of Durresi Restaurant, for a change of zoning of property
located on the west side of Newburgh Road, north of Joy Road, in the
Southeast 1/4 of Section 31, from C-1 to C-2, and the Council having
conducted a public hearing with regard to this matter on November 29,
2000, pursuant to Council Resolution 749-00, the Council does hereby
determine to take no further action based upon the fact that the request
has been withdrawn by the petitioner by letter dated February 7, 2001
On a motion by Duggan, seconded by Walsh, it was
RESOLVED, that having considered the report and
recommendation of the Committee of the Whole, dated May 23, 2001,
submitted pursuant to Council Resolution 297-01, and communications
from the Steven J Schafer, Phoenix Land Development, dated March 21
and March 23, 2001, submitting a revised Landscape Plan in connection
with Petition 99-12-2-32 to construct a Planned Residential Development
(Bell Creek Square) on the southeast corner of Six Mile Road and
Farmington Road (the former Ward Evangelical Presbyterian Church site)
between Bloomfield Drive and Six Mile Road in the Northwest 1/4 of
Section 15, the Council does hereby determine to take no further action
with respect to this matter
Walsh withdrew his support on the foregoing resolution Duggan then withdrew his
motion on the foregoing
The matter of revised site plans regarding landscaping and separation wall in
connection with Petition 99-12-2-32 submitted by Phoenix Land Development to
construct a Planned Residential Development (Bell Creek Square) on the southeast
corner of Six Mile Road and Farmington Road (the former Ward Evangelical
Presbyterian Church site) between Bloomfield Drive and Six Mile Road in the Northwest
1/4 of Section 15, was tabled until the next Regular Meeting of the City Council to be
held on June 13, 2001 (CR 297-01)
A communication from Phoenix Land Development, 32000 Northwestern
Highway, Suite 145, Farmington Hills, MI 48334, dated May 24, 2001, re withdrawal of
33022
request to revise the landscaping plan, was received and placed on file for the
information of the Council (Petition 99-12-2-32)
A communication from the Inspection Department, dated May 25, 2001,
re their investigation of the issues of weeds, debris and ingress/egress of Bloomfield
Road relative to Bell Creek Square at Six Mile and Farmington Roads, was received
and placed on file for the information of the Council (Petition 99-12-2-32) (CR 297-01)
A representative from Phoenix Land Development was present at the meeting to
answer questions
Mr Mike Zatirka, 16831 Bell Creek Lane, Livonia, 48154, stated his preference for a
wood wall over a brick wall, and wanted to know the location of the protective wall
Ms Sandra Milis, 16772 Bloomfield, Livonia, 48154, inquired as to the status of the
protective wall, and stated her preference for a brick wall
Mr Robert Lipinski, 16799 Bell Creek Lane, Livonia, 48154 stated his unhappiness with
Phoenix Land Development, and stated that they did not live up their promises
Ms Takacs, 16557 Bell Creek Lane, Livonia, 48154 inquired if the landscape plan is
withdrawn by petitioner, will this issue still be open
Mr Kenneth Roberts, 16711 Bell Creek Lane, Livonia, 48154, also stated that Phoenix
Land Development did not keep the promises made to residents, and he thanked
Councilmember Laura for representing the residents' interests in this matter
Councilmember Walsh gave first reading to the following
Ordinance
AN ORDINANCE AMENDING SECTION 27 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 99-1-1-1)
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
33023
Ordinance was placed on the table for consideration at the Regular Meeting of July 2,
a
2001
Councilmember Duggan took from the table, for second
reading and adoption, 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
A roll call vote was taken on the foregoing Ordinance with the following result:
AYES Walsh, Duggan, Laura, Engebretson, Vandersloot and Brosnan
NAYS None
The President declared the foregoing Ordinance duly adopted, and would
become effective on publication
Councilmember Duggan took from the table, for second
reading and adoption, the following Ordinance
AN ORDINANCE AMENDING SECTION 050 OF TITLE 13,
CHAPTER 28 (INDUSTRIAL WASTE SURCHARGE) OF
THE LIVONIA CODE OF ORDINANCES, AS AMENDED
A roll call vote was taken on the foregoing Ordinance with the following result:
AYES Walsh, Duggan, Laura, Engebretson, Vandersloot and Brosnan
NAYS None
The President declared the foregoing Ordinance duly adopted, and would
become effective on publication
Councilmember Duggan took from the table, for second
reading and adoption, the following Ordinance
AN ORDINANCE AMENDING SUBSECTION D OF
SECTION 120 OF TITLE 13, CHAPTER 20 (LIVONIA
33024
SEWAGE DISPOSAL SYSTEM) OF THE LIVONIA CODE
OF ORDINANCES, AS AMENDED
A roll call vote was taken on the foregoing Ordinance with the following result.
AYES Walsh, Duggan, Laura, Engebretson, Vandersloot and Brosnan
NAYS None
The President declared the foregoing Ordinance duly adopted, and would
become effective on publication
Council member Duggan left the podium at 9 20 p m due to a conflict of interest.
Councilmember Laura took from the table, for second
reading and adoption, the following Ordinance
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)
A roll call vote was taken on the foregoing Ordinance with the following result.
AYES Walsh, Laura, Engebretson, Vandersloot and Brosnan
NAYS None
The President declared the foregoing Ordinance duly adopted, and would
become effective on publication
On a motion by Engebretson, seconded by Walsh, and unanimously
adopted, it was
CR 374-01 RESOLVED, that having considered a communication from
the City Planning Commission, dated April 27, 2001, which transmits its
resolution 4-65-2001 adopted on April 24, 2001, with regard to Petition 01-
3-8-14 submitted by Leo Soave, requesting site plan approval in
connection with a proposal to construct a condominium development on
property located on the north side of Joy Road between Newburgh Road
and Wayne Road in the Southwest 1/4 of Section 32, pursuant to the
33025
provisions set forth in Section 18 58 of Ordinance No 543, as amended,
the Council does hereby concur in the recommendation of the Planning
Commission and Petition 01-3-8-14 is hereby approved and granted,
subject to the following conditions
1 That the Site Plan marked Sheet S-1 dated February 14, 2001,
prepared by Architecturally Speaking, is hereby approved and shall
be adhered to,
2 That the Landscape Plan dated April 16, 2001, as revised,
prepared by Architecturally Speaking, is hereby approved and shall
be adhered to,
3 That all disturbed lawn areas shall be sodded in lieu of
hydroseeding,
4 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,
5 That the Exterior Building Elevation Plans as received by the
Planning Commission on March 13, 2001 , are hereby approved
and shall be adhered to, except for the fact that the first floor of
each building shall be constructed out of brick on all four sides and
that the chimneys will be brick,
6 That the brick used in the construction shall be full-face four (4")
inch brick, no exceptions,
7 That this approval is subject to the petitioner being granted a
variance from the Zoning Board of Appeals tor deficient rear yard
setback and any conditions related thereto,
8 That the Entrance Marker Application, as shown on the approved
Landscape Plan, is hereby approved and shall be adhered to,
9 That the brick used in the construction of the Entrance Marker shall
be the same brick used in the construction of the condominiums,
10 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
11 That a sidewalk shall be installed along the length of Joy Road, as
required by the Engineering Division
33026
Councilmember Duggan returned to the podium at 9 23 p m
A communication from the Engineering Division, dated May 17, 2001, re
Stamford Avenue S.A.D and the fact that each additional inch of asphalt would raise
the assessment rate by an estimated $5 00 per assessable foot, was received and
placed on file for the information of the Council (CR 204-01)
A communication from Crabill & Company, 33640 Schoolcraft, Livonia,
48150, dated May 1, 2001, re their request for exemption from any improvements to
Stamford Avenue because they do not use this street for any purpose, was received
and placed on file for the information of the Council (CR 204-01)
On a motion by Duggan, seconded by Walsh, and unanimously adopted, it
was
CR 375-01 RESOLVED, that the City Engineer having filed with the City
Clerk a statement dated March 19, 2001, on all matters required by
Section 3 08 060 of the Livonia Code of Ordinances, as amended, and a
first public hearing having been held thereon on Wednesday, May 9, 2001,
after due notice as required by Section 3 08 070 of said Code, and after
careful consideration having been given to all such matters, the Council
does hereby, pursuant to Section 3 08 080 of said Code
(1) Accept and approve said statement in all respects,
(2) Determine to make the road improvement consisting of 4" thick
asphalt pavement, 22 feet wide, with no curbs and roadside swales
(Alternate IV) on Stamford Avenue, north of Schoolcraft Road, in
the Southeast 1/4 of Section 21, T 1 S , R 9 E , City of Livonia,
Wayne County, Michigan, as described in said statement; and to
defray the cost of such improvement by special assessment upon
the property especially benefited in proportion to the benefits
derived or to be derived,
(3) Approve the plans and specifications for said improvement as set
forth in said statement dated March 19, 2001,
33027
(4) Determine that the estimated cost of such improvement is
$194,212 00,
(5) Determine that the cost of said improvement shall be paid for in
part by special assessments on the property benefited thereby and
in part by the City at large, in proportions thereafter established,
(6) That the proportion of the cost and expense of said improvement to
be borne and paid by the City shall be 15% of paving ($16,405 48)
and 100% of drainage ($84,842 00) and that the balance of said
cost and expense of said public improvement amounting to 85%
($92,964 52) shall be borne and paid by special assessments on all
lands and premises in the special assessment district as herein
established in proportion to the benefits to be derived therefrom,
(7) Determine that assessments made for such improvement may be
paid in fifteen (15) annual installments together with interest
thereon on the unpaid balance,
(8) Designate the assessment district, describing the land and
premises upon which special assessments shall be levied as
follows
A special assessment district in the Southeast 1/4 of
Section 21, T 1 S , R 9 E , City of Livonia, Wayne
County, Michigan, described as containing the
property listed on the attached Special Assessment
District Map
(9) That the City Assessor is hereby directed to prepare a special
assessment roll including all lots and parcels of land within the
above district designated by the Council and to assess to each
such lot or parcel of land such relative portions of the whole sum to
be levied against all lands in the special assessment district as the
special benefits to such lots or parcels of land bear to the total
benefit of all land and also to enter upon such roll the amount which
has been assessed to the City at large, all in accordance with the
determination of the City Council, and
(10) That upon the completion of said roll the City Assessor shall attach
thereto the certificate required by the provisions of Section 3 08 100
of the Livonia Code of Ordinances, as amended, of the City of
Livonia and file the same with the City Clerk who thereupon is
directed to present the same to the City Council prior to the holding
of the second public hearing thereon as required by Section
3 08 110 of the said Code
33028
A communication from the Office of the Treasurer, dated June 1, 2001, re
property owner having paid charges connected with the 1998 Sidewalk Program,
trim
Contract 98-C, and asking that this subject matter to be removed from the Council
agenda, was received and placed on file for the information of the Council (CR 193-01
and CR 410-98)
On a motion by Duggan, seconded by Laura, and unanimously adopted, it
was
CR 376-01 RESOLVED, that the subject matter of placing a special
assessment upon referenced property whose owner has not paid charges
connected with the 1998 Sidewalk Program, Contract 98-C, Single Lot
Assessments, the Council does hereby determine to take no further action
based upon the fact that the property owner has paid such charges
A communication from the Office of the Treasurer, dated June 1, 2001, re
a list of property owners that have unpaid charges related to the Single Lot
Assessments for the 2000 Miscellaneous Sidewalk Program, was received and placed
on file for the information of the Council (CR 194-01)
On a motion by Duggan, seconded by Walsh, and unanimously adopted, it
was
CR 377-01 RESOLVED, that having considered a communication from
the City Treasurer dated June 1, 2001, regarding the replacement of
sidewalks in the City of Livonia on the following parcels in the following
amounts
Parcels of property and assessment, as outlined in the Treasurer's
letter dated June 1, 2001, is included herein by reference,
which work was done pursuant to Council Resolution 210-00 and in
accordance with the provisions of Section 12 04 340 of the Livonia Code
of Ordinances, Title 12, Chapter 4 and the City Treasurer having
thereafter sent a statement of charges by first class mail to the owners of
property to be assessed wherein notice of the meeting by the City Council
on this date was given and at least 30 days having expired since the
33029
giving of such notice with such charges remaining unpaid, the Council
does hereby pursuant to the provisions of Section 3 08 150 of the Livonia
Code of Ordinances, Title 3, Chapter 8, adopt this resolution wherein a
special assessment is placed upon such property for said charges,
FURTHER, the Council does hereby authorize installment payments in the
number of three (3) installments at 6% interest where assessments
exceed $400 and the property owner has requested such installments,
FURTHER, the Council does hereby request that the City Treasurer shall
give notice of the amounts herein determined to the persons chargeable
therewith, such notice to be sent by first class mail to the last known
address of such persons as shown on the most current assessment roll of
the City, and where payments herein authorized are not made within the
specified time this fact shall be reported by the City Treasurer to the City
Assessor who shall charge such amount together with a penalty of 10% of
such amounts against the persons or real property chargeable therewith
on the next general tax roll, and the City Clerk and City Treasurer are
hereby requested to do all things necessary or incidental to the full
performance of this resolution
On a motion by Laura, seconded by Duggan, and unanimously adopted, it
was
CR 378-01 RESOLVED, that having considered a letter from Laurie
Daignault, Tax Manager, Roush Industries, Inc , dated May 22, 2001, in
connection with the request to establish an Industrial Development District
for property located at 12011 Market Street, Livonia, Michigan 48150, the
Council does hereby repeal and rescind Council Resolution 285-01
A communication from the Engineering Division, dated May 31, 2001, re
their recommendation to deny the request of Mr and Mrs David Cunningham to
remove existing sidewalks on the side of their property at 17558 Stamwich, was
received and placed on file for the information of the Council (2001 Sidewalk Program)
On a motion by Laura, seconded by Duggan, it was
RESOLVED, that having considered a letter from Mr and
Mrs David Cunningham, dated May 21, 2001, requesting to waive the
sidewalk requirement to allow them to permanently remove the existing
sidewalk on the north side of their property located at 17558 Stamwich
which is required under the 2001 Sidewalk Program, the Council does
hereby deny this request.
I.
33030
On a motion by Duggan, seconded by Vandersloot, it was
RESOLVED, that the City Council does hereby determine, in
lieu of the foregoing resolution, to substitute the following
RESOLVED, that having considered a letter from Mr and
Mrs David Cunningham, dated May 21, 2001, requesting to waive the
sidewalk requirement to allow them to permanently remove the existing
sidewalk on the north side of their property, on the east side of their
driveway only, located at 17558 Stamwich which is required under the
2001 Sidewalk Program, the Council does hereby approve this request
inasmuch as omitting the sidewalk on the subject property would have no
detrimental effect upon the neighboring properties, provided that the
petitioner shall install topsoil and sod in place of the removed sidewalk,
and petitioner agrees to reinstall sidewalk at the request of the City of
Livonia if the park site to the east is improved for pedestrian use
A roll call vote was taken on the motion to substitute as follows
AYES Walsh, Duggan, Engebretson, Vandersloot and Brosnan
NAYS Laura
The President declared the motion to substitute adopted
A roll call vote was then taken on the substitute resolution by Duggan, seconded by
Engebretson, as follows
CR 379-01 RESOLVED, that having considered a letter from Mr and
Mrs David Cunningham, dated May 21, 2001, requesting to waive the
sidewalk requirement to allow them to permanently remove the existing
sidewalk on the north side of their property, on the east side of their
driveway only, located at 17558 Stamwich which is required under the
2001 Sidewalk Program, the Council does hereby approve this request
inasmuch as omitting the sidewalk on the subject property would have no
detrimental effect upon the neighboring properties, provided that the
petitioner shall install topsoil and sod in place of the removed sidewalk,
and petitioner agrees to reinstall sidewalk at the request of the City of
Livonia if the park site to the east is improved for pedestrian use
AYES Walsh, Duggan, Engebretson, Vandersloot and Brosnan
NAYS Laura
The President declared the resolution duly adopted
33031
On a motion by Laura, seconded by Engebretson, and unanimously
adopted, it was
CR 380-01 RESOLVED, that the Council does hereby refer the subject matter
of future use of a park site to the east of property located at 17558 Stamwich to
the Administration for a report and recommendation for the consideration of the
Council, such report to be completed prior to the next Council meeting
On a motion by Walsh, seconded by Vandersloot, and unanimously
adopted, it was
CR 381-01 RESOLVED, that having considered the report and
recommendation of the Department of Law, dated May 10, 2001, approved for
submission by the Mayor, the Council does hereby authorize the Mayor and City
Clerk, for and on behalf of the City of Livonia, to execute the attached Overhead
Easement (Right-of-Way) No RFW 340027SRW5, which would grant an
overhead easement to the Detroit Edison Company across the following
described City-owned property (landfill parcel) located in the Northeast 1/4 of
Section 27
Detroit Edison RFW No. 340027SRW5
PART OF THE NORTHEAST 1/4 OF SECTION 27, T 1 S , R. 9 E , BEG N
0°2620" E 49 50' AND S 89°29'50" E 143' FROM CEN 1\4 COR OF SEC 27 TH
N 0°6'20" E 1214 71' TH S 0°7'30" E 200' TH N 0°6'20" E 65 0' TH S 89°22'10" E
1340 13' TH S 0°7'30" E 400 0' TH S 89°22'10" E 150 0' TH S 0°7'30" E 351 06'
TH N 89°29'50" W 977 36' TH S 0°7'30" E 30 0' TH N 89°29'50" W 50 39' TH S
0°7'30" E 494 93' TH N 89°29'50" W 667 49' TO POB LAND FILL. AKA 46-105-
99-0043-004 (Glendale Avenue - Ottawa Substation)
During the Audience Communication portion of the agenda, Jim Szkrybalo thanked
Councilmember Walsh for his years of service on the City Council
Councilmember Walsh is thankful for all the nice words that have been sent his way by
residents and constituents since he announced that he is not running for re-election and is
devoting this time to his family
On a motion by Duggan, seconded by Vandersloot, and unanimously adopted,
this 1,442nd Regular Meeting of the Council of the City of Livonia was adjourned at 9 47 p m ,
June 4, 2001
)972,
(Ian McCotter, City Clerk