HomeMy WebLinkAboutCOUNCIL MINUTES 2001-07-02 33055
MINUTES OF THE ONE THOUSAND FOUR HUNDRED FORTY-FOURTH
REGULAR MEETING OF JULY 2, 2001
On July 2, 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 Duggan delivered the invocation
Roll was called with the following result. Brian Duggan, Joe Laura, Jack
Engebretson, Val I Vandersloot, John Walsh, John Pastor, 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, Mike Slater, Director of Finance, Karen Szymula, Director of
Legislative Affairs, Jeanne Treff, Administrative Assistant — Cable TV Division, and Ian
Wilshaw, Traffic Commission
On a motion by Duggan, seconded by Pastor, it was
CR 408-01 RESOLVED, that the minutes of the 1,443rd Regular Meeting
of the Council held June 13, 2001 are hereby approved as submitted
A roil call vote was taken on the foregoing resolution with the following result:
AYES Duggan, Laura, Engebretson, Walsh and Pastor
NAYS None
PRESENT Vandersloot and Brosnan
The President declared the resolution duly adopted
A communication from the Department of Finance, dated June 20, 2001,
re forwarding various financial statements of the City of Livonia for the month ending
May 31, 2001, was received and placed on file for the information of the Council
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A communication from the Department of Public Service, dated June 26,
2001, re a revision to the proposed amendment to the Solid Waste/Recycling Contract,
lair
and requesting Council take no further action on a June 6, 2001 letter from Public
Service requesting this amendment, was received and placed on file for the information
of the Council (Agenda Item 26) (CR 452-00 & 551-00)
A copy of a paid invoice for false alarm billings submitted by the Finance
Department, Accounts Receivable, re Cambridge Center West, 39209 Six Mile Road,
Suite 111, Livonia, 48152, was received and placed on file for the information of the
Council (Petition 1-5-8-17) (Agenda Item 32)
A communication from Dennis M Tap, 14175 Stamford, Livonia, 48154 re
suggestions which would make the SPREE celebration more compatible with the
surrounding neighborhood on Stamford and Perth Streets, was received and placed on
file for the information of the Council (Agenda Item 33)
On a motion by Duggan, seconded by Pastor, it was
CR 409-01 RESOLVED, that having considered an application from Ken
Harb, 16788 Westbrook Drive, dated May 29, 2001, requesting permission
to close Westbrook Drive between Whitcomb and Mallory on Saturday,
August 25, 2001, from 12 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
Sunday, August 26, 2001, in the event of inclement weather, the action
taken herein being made subject to the approval of the Police Department.
CR 410-01 RESOLVED, that having considered an application from Rob
Jurczyszyn and Tim McGillivary, 16652 Country Club, dated May 28,
2001, requesting permission to close Country Club between 16652
Country Club and Grove on Saturday, July 14, 2001, from 4 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.
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CR 411-01 RESOLVED, that having considered an application from
Annemarie Posh, 9301 Woodring, dated June 11 , 2001 , requesting
permission to close Woodring between Vermont and Oregon on Saturday,
August 11, 2001, from 2 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
Sunday, August 12, 2001, in the event of inclement weather, the action
taken herein being made subject to the approval of the Police Department.
CR 412-01 RESOLVED, that having considered an application from
Amanda M DellaSavia, 34367 Capitol, dated May 29, 2001, requesting
permission to close Capitol and Brewster between Stark Road and
Beacon on Saturday, August 11, 2001 , from 12 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 413-01 RESOLVED, that having considered an application from
Brian Huntoon, 18417 Foch, dated June 4, 2001, requesting permission to
close Foch between Pickford and Clarita on Saturday, July 28, 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, including therein
permission to conduct the said affair on Saturday, August 4, 2001, in the
event of inclement weather, the action taken herein being made subject to
the approval of the Police Department.
CR 414-01 RESOLVED, that having considered an application from
Carolyn Wagner, 30878 Robert Drive, dated June 15, 2001, requesting
permission to close Robert Drive between Denne and Sunset on
Saturday, August 4, 2001, from 12 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 11, 2001 , in the event of inclement weather, the action
taken herein being made subject to the approval of the Police Department.
CR 415-01 RESOLVED, that having considered the report and
recommendation of the Director of Public Works and the City Engineer,
dated June 20, 2001, approved for submission by the Mayor, to which is
attached a letter from McClanahan Builders, Inc , dated June 11, 2001,
requesting elimination of the sidewalk requirement in front of the new
residence located at 10320 Laurel in the Southwest 1/4 of Section 33, 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 at this time due to lack of any other public
sidewalks existing within the neighboring area and the location of any
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proposed sidewalk would conflict with three large trees which currently
exist.
CR 416-01 RESOLVED, that having considered a letter from Kenneth
Hunt, 19006 Stamford, dated June 12, 2001, requesting to relocate the
utility easement from its present location on the south side of Lots 7-13
and the north side of Lot 380 in the Seven Mile Super Highway
Subdivision to Lot 381 on Myron in order to expand Hunt's Ace Hardware
store located in the Northwest 1/4 of Section 9, the Council does hereby
refer this matter to the Engineering Division for its report and
recommendation
A communication from the Office of the City Clerk, dated June 1, 2001,
re tax rate for the Schoolcraft Community College District for the year 2001 to be
collected as a summer tax, was received and placed on file for the information of the
Council
A communication from the Office of the City Clerk, dated June 14, 2001,
re tax rate for the Oakland School District for the year 2001as approved by the Board
of Education of Oakland Schools on June 12, 2001, was received and placed on file for
the information of the Council
A communication from the Office of the City Clerk, dated June 14, 2001,
re tax rate for the Wayne County Regional Educational Service Agency (RESA) for the
year 2001 to be collected as a summer tax with their two (2) millage rates identified
separately, was received and placed on file for the information of the Council
CR 417-01 RESOLVED, that having considered the report and
recommendation of the Fire Chief, dated May 31, 2001, which bears the
signature of the Director of Finance and is approved for submission by the
Mayor, regarding emergency repairs to Aerial Ladder Truck 1, the Council
does hereby authorize payment to be made in an amount not to exceed
$60,000 00 to Sutphen Corporation, 7000 Columbus Marysville Road,
P 0 Box 0158, Amlin, Ohio 43002-0158, for work performed in connection
with such emergency repairs, FURTHER, the Council does hereby
authorize the expenditure of a sum not to exceed $60,000 00 from
Account No 101-338-939-100 (Vehicle Maintenance - Contractual)for this
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purpose, FURTHER, the Council does hereby authorize such action
without competitive bidding for the reasons indicated in the aforesaid
communication, and such action is taken in accordance with the
provisions set forth in Section 3 04 140D1 of the Livonia Code of
Ordinances, as amended
CR 418-01 RESOLVED, that having considered the report and
recommendation of the Fire Chief, dated May 30, 2001, which bears the
signature of the Director of Finance and is approved for submission by the
Mayor, the Council does hereby determine that the City-owned 1988
Chevrolet Road Rescue Ambulance formerly used by the Fire Department
is considered surplus property and does hereby authorize the disposal of
such equipment by donating same to the Wayne County Emergency
Management Division as recommended in the aforesaid communication,
FURTHER, the council does hereby determine that the city-owned 1990
Ford Crown Victoria formerly used by the Fire Department is considered
surplus property and does hereby authorize the sale of such vehicle
through Midwest Auto Auction and Service, Inc , 14666 Telegraph Road,
Detroit, Michigan 48239, FURTHER, the proceeds of the sale of such
vehicle shall be deposited to Account No 101-000-680-000, Sale of Fixed
Assets
CR 419-01 RESOLVED, that having considered the report and
recommendation of the Livonia Cable Television Commission, dated June
14, 2001, which bears the signature of the Director of Finance, is
approved by the Director of Community Resources and approved for
submission by the Mayor, which transmits Resolution No 285-01 adopted
by the Livonia Cable Television Commission which recommends the
purchase of an Avid edit system for use by the Cable Division, the Council
does hereby authorize the purchase of an Avid edit System from Roscor,
27280 Haggerty Road, Suite C2, Farmington Hills, Michigan 48331, in an
amount not to exceed $45,000 00 for the equipment (including hardware
and software) and the installation, orientation and integration of the
system with existing equipment, the same to be expended from funds
already budgeted in the 2000-2001 Cable Division Budget (Account No
297-751-882-010) for this purpose, FURTHER, the Council does hereby
authorize the purchase of said item without competitive bidding for the
reasons indicated in the aforesaid communication, and such action is
taken in accordance with Section 3 04 140D4 of the Livonia Code of
Ordinances, as amended
CR 420-01 RESOLVED, that having considered the report and
recommendation of the Chief of Police, dated June 15, 2001, which bears
the signature of the Director of Finance and is approved for submission by
the Mayor, the Council does hereby accept the quotation submitted by
DSS Corporation, 25657 Southfield Road, Southfield, Michigan 48075, for
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providing a new radio/telephone recording system for the Police
Department in connection with the new Mobile and Stationary Information
System in the amount of $37,277 00, FURTHER, the Council does hereby
authorize the expenditure of a sum not to exceed $37,277 00 from funds
already budgeted in the Capital Improvement Fund Account No 401-000-
976-028 for this purpose, FURTHER, the Council does hereby authorize
such purchase without competitive bidding in accordance with Section
3 04 140D4 of the Livonia Code of Ordinances, as amended
A communication from the Department of Finance, dated May 11, 2001,
- Administrative Response - re projected expenses and sources of funding for updating
the City Charter, was received and placed on file for the information of the Council (CR
238-01)
A communication from the Department of Law, dated May 16, 2001, -
Administrative Response — re persons eligible to serve on the City Charter Revision
Commission, and its opinion that members of City Boards and/or Commissions are
ineligible to serve on the City Charter Revision Commission, was received and placed
on file for the information of the Council (CR 239-01)
A communication from the Department of Law, dated May 23, 2001 -
Administrative Response — re limiting the scope of changes to the City Charter to
include only language updates and technical corrections, was received and placed on
file for the information of the Council (CR 240-01)
A communication from the Department of Law, dated May 23, 2001, -
Administrative Response — re voter approval of revisions to the City Charter in multiple
phases, was received and placed on file for the information of the Council (CR 241-01)
A communication from the Department of Law, dated May 29, 2001 -
Administrative Response — re possible alternate methods of amending the City
Charter, was received and placed on file for the information of the Council (CR 242-01)
33061
CR 421-01 RESOLVED, that having considered the report and
recommendation of the Department of Law, dated May 29, 2001,
approved for submission by the Mayor, submitted pursuant to Council
Resolution 242-01, regarding possible alternate methods of amending the
City Charter, the Council does hereby refer this matter to the Legislative
Committee for its report and recommendation
A communication from the Department of Law, dated June 4, 2001, -
Administrative Response — re request for amendments to Greenbelt Ordinance to
require the submission of a landscape plan and to establish a timeframe for completion
of the proposed greenbelt, was received and placed on file for the information of the
Council (CR 367-01 and CR 785-99) (Petition 99-10-GB-9)
CR 422-01 RESOLVED, that having considered the report and
recommendation of the Department of Law, dated June 4, 2001, approved
for submission by the Mayor, submitted pursuant to Council Resolution
367-01, regarding a proposed amendment to Zoning Ordinance No 543,
as amended, to require the submission of a landscape plan with all future
greenbelt petitions and to establish a time certain for completion of the
proposed greenbelt improvements, the Council does hereby determine to
take no further action with respect to this matter
A communication from the Department of Law, dated June 14, 2001, -
Administrative Response — re proposed amendments to Zoning Ordinance No 543
regarding outdoor sales and displays on commercial property, was received and placed
on file for the information of the Council (CR 395-01)
CR 423-01 RESOLVED, that having considered a communication from
Department of Law, dated June 14, 2001, approved for submission by the
Mayor, submitted pursuant to Council Resolution 395-01, which submits
proposed amendments to Sections 10 02 and 10 03 of Article X and
Section 11 02 of Article XI of Zoning Ordinance No 543, as amended,
regarding outdoor sales and displays on commercial property, and in
accordance with the provisions set forth in Section 23 01(a) of the Livonia
Zoning Ordinance, the Council does hereby determine to refer to and
request that the City Planning Commission conduct a public hearing on
the question of whether such amendments should be made, and
thereafter submit a report and recommendation to Council
33062
CR 424-01 RESOLVED, that having considered the report and
recommendation of the Department of Law, dated June 13, 2001,
approved for submission by the Mayor, and the report and
recommendation of the Director of Public Works and the City Engineer,
dated June 19, 2001, approved for submission by the Mayor, to which is
attached a letter from Soave Homes, Inc., dated May 17, 2001, the
Council does hereby amend and revise Council Resolution 921-00 so as
to have the same read as follows
RESOLVED, that having considered a communication from the City
Planning Commission, dated November 27, 2000, which transmits its
resolution 11-200-2000 adopted on November 21, 2000, with regard to
Petition 00-10-8-17, submitted by Michael Soave Homes, on behalf of
Garden Grove Condominiums, requesting site plan approval in
connection with a proposal to construct a condominium development
on property located at 28974 Five Mile Road in the Southwest 1/4 of
Section 13, 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 00-10-8-
17 is hereby approved and granted, subject to the following conditions.
1 That the Site Plan marked Sheet 1 dated October 25, 2000,
prepared by Arpee/Donnan, Inc., is hereby approved and shall be
adhered to,
2 That the existing driveway off Five Mile Road shall be removed,
the opening along the roadway shall be curbed, and the
evacuated area shall be filled and sodded,
3 That the Landscape Plan marked Sheet 1 dated October 24,
2000, prepared by Arpee/Donnan, Inc , is hereby approved and
shall be adhered to,
4 That all disturbed lawn areas shall be sodded in lieu of
hydroseeding,
5 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,
6 That the Exterior Building Elevation Plan submitted by Michael
Soave Homes, Inc , as received by the Planning Commission on
November 2, 2000, is hereby approved and shall be adhered to
provided that the brick shall extend to the bottom of the second
floor on all four (4) sides,
33063
7 That the brick used in the construction shall be full-face four (4")
inch brick, no exceptions,
8 That the grading of this site shall be to the satisfaction of the
Engineering Division,
9 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
10 That the petitioner shall include language in the Master Deed
or a separate recordable instrument wherein the
condominium association shall reimburse the City of Livonia
for any maintenance or repair costs incurred for the storm
water detention/retention and outlet facilities, and giving the
City of Livonia the right to impose liens on each lot owner's
property pro-rata and place said charges on their real estate
tax bills in the event said charges are not paid by the
condominium association (or each lot owner) within 30 days
of billing for the City of Livonia.
CR 425-01 WHEREAS, Chapter 7 of the Wayne County Storm Water
Management Ordinance, Enrolled Ordinance No 2000-652 (October 23,
2000) ("Wayne County Ordinance"), requires storm water management
systems to be maintained in perpetuity to ensure that the systems function
properly as designed,
WHEREAS, Rule 801 of the Wayne County Storm Water Management
Administrative Rules ("Administrative Rules") requires applicants for storm
water construction approval to submit long-term maintenance plans as
part of an application for storm water construction approval,
WHEREAS, Soave Homes, Inc ("Developer") has applied to the Wayne
County Department of Public Services for a storm water construction
approval with respect to a project named Garden Grove Condominiums
("Project") located at the northeast corner of Five Mile Road and Garden in
the City of Livonia,
WHEREAS, the Developer's application for storm water construction
approval has been assigned permit review number R01-212,
WHEREAS, the Developer submitted a plan to the County and City of
Livonia entitled Storm Maintenance Schedule ("Plan") for long-term
maintenance of the storm water management system at the Project
pursuant to Rule 801, which Plan has been tentatively approved by the
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County pending issuance of this resolution and has been accepted by the
City of Livonia, and
WHEREAS, the City of Livonia has agreed to assume jurisdiction and
accept responsibility for long-term maintenance of the storm water
management system at the Project in perpetuity;
NOW THEREFORE BE IT RESOLVED, that the City of Livonia assumes
jurisdiction over and accepts responsibility for long-term maintenance of
the storm water management system at the Project pursuant to the Wayne
County Ordinance, the Administrative Rules, the Plan, and the storm
water construction approval issued by Wayne County;
BE IT FURTHER RESOLVED that approval be and is hereby granted,
authorizing the City Engineer to execute, on behalf of the City of Livonia,
Permit No R01-212 for long-term maintenance of the storm water
management system issued by Wayne County for the Project; and the
City Clerk is hereby requested to forward a certified copy of this resolution
to the Wayne County Department of Public Services
CR 426-01 RESOLVED, that having considered a communication from
the Water and Sewer Board, dated June 13, 2001, which bears the
signature of the Director of Finance and is approved for submission by the
Mayor, and which transmits its resolution WS 3365 06/01, the Council
does hereby authorize the purchase of one (1) 2001 Sterling cab and
chassis mounted with a Vactor Model 2114-J6F from Jack Doheny
Supplies, Inc , 777 Doheny Court, Northville, Michigan 48167, for the
Public Service Division (Water and Sewer Maintenance Section) for a net
price of $167,265 00, based on a total price of $252,265 00 less trade-in
of $85,000 00, the same to be expended from funds already budgeted for
this purpose in Water and Sewer Capital Outlay Account No 592-000-
142-000 for this purpose, FURTHER, the Council does hereby determine
to authorize the said purchase without competitive bidding inasmuch as
the same is based upon the low County of Wayne bid price, as well as for
the additional reasons indicated in the aforesaid communication, and such
action is taken in accordance with the provisions set forth in Section
3 04 140D4 of the Livonia Code of Ordinances, as amended
CR 427-01 RESOLVED, that having considered the report and
recommendation of the Director of Public Works and the Assistant
Superintendent of Public Service, dated June 13, 2001, which bears the
signature of the Director of Finance and is approved for submission by the
Mayor, the Council does hereby accept the bid of Work 'N Gear, 34694
Warren, Westland, Michigan 48185, for supplying the Department of
Public Works with employee uniform items at the unit prices shown in the
attachment, for a total estimated price of $23,065 50, the same having
33065
been in fact the lowest bid received and meets all specifications,
FURTHER, in the event the items are not available from the aforesaid low
bidder, the Council does hereby accept the bid of Allie Bros , Inc , 20295
Middlebelt Road, Livonia, Michigan 48152, which also meets
specifications, as an alternate for supplying the Department of Public
Works with employee uniform items at the unit prices shown in the
attachment, for a total estimated price of $32,124 05, and the bid of Austin
Industrial Uniform, Inc is hereby rejected for the reasons listed in the
aforesaid communication
CR 428-01 RESOLVED, that having considered the report and
recommendation of the Director of Public Works and the Superintendent
of Public Service, dated June 6, 2001 , which bears the signature of the
Director of Finance and is approved for submission by the Mayor,
requesting to amend the Solid Waste/Recycling Contract with Waste
Management of Michigan, Inc., to provide for the addition of clay to the
Livonia Landfill and to authorize Waste Management of Michigan, Inc. to
deliver approved clay for the closure operation of the Livonia Landfill, the
Council does hereby determine to take no further action with respect to
this matter
CR 429-01 RESOLVED, that having considered the report and
recommendation of the Director of Public Works and the City Engineer,
dated June 13, 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 Scodeller Construction, Inc , P 0 Box 448,
South Lyon, Michigan 48178, for completing all work required in
connection with Proposal "A" (Hot Poured Rubber) for the 2001 Pavement
Crack and Joint Sealing Program (Contract 01-D), for the estimated total
cost of $166,910 00, and does hereby authorize the expenditure of the
sum of $166,910 00 from funds already budgeted in Account No 203-463-
818-117 for this purpose, FURTHER, the Council does hereby accept the
unit price bid of Michigan Joint Sealing, Inc , 30301 Navin, Livonia,
Michigan 48152, in connection with Proposal "B" (Overband) for this
program for the estimated total cost of $86,000 00, and does hereby
authorize an expenditure in the amount of $1,000 00 from funds already
budgeted in Account No 202-463-818-117 (Major Roads) and an
expenditure in the amount of $53,090 00 from funds already budgeted in
Account No 203-463-818-117 (Local Roads) for this purpose, FURTHER,
the Council does hereby appropriate and authorize an additional
expenditure in the amount of $31,910 00 from the Unexpended Fund
Balance of the Michigan Transportation Fund (Local Road Account) for
this purpose, FURTHER, the foregoing amounts are based upon the
Engineering Division's estimate of units involved, and are subject to final
payments based upon the actual units completed in accordance with the
unit prices accepted herein, said estimated costs and unit prices having
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been in fact the lowest bids received for this item, and the City Engineer is
hereby authorized to approve minor adjustments in the work as it
becomes necessary; and the Mayor and City Clerk are hereby authorized
for and on behalf of the City of Livonia to execute contracts with the
aforesaid bidders and to do all other things necessary or incidental to the
full performance of this resolution
CR 430-01 RESOLVED, that having considered the report and
recommendation of the Director of Public Works and the City Engineer,
dated June 15, 2001, which bears the signature of the Director of Finance,
is approved by the Chairman of the Water and Sewer Board and approved
for submission by the Mayor, the Council does hereby accept the unit
price bid of Hard Rock Concrete Co , Inc , 38146 Abruzzi Drive, Westland,
Michigan 48185, for completing all work required in connection with the
2001 Concrete Pavement and Catch Basin Repair Program (Contract 01-
E), including repair of pavements damaged due to water main breaks at
various locations throughout the City, for the estimated total cost of
$1,175,425 00, based upon the Engineering Division's estimate of units
involved, and subject to a final payment based upon the actual units
completed in accordance with the unit prices accepted herein, said
estimated cost and unit prices having been in fact the lowest bid received
for this item, FURTHER, the Council does hereby authorize expenditures
in the amount of $15,425 00 from Account No 592-559-818-000 (Water
and Sewer Contractual Services), $525,000 00 from the Michigan
Transportation Fund (Major Road Account) and $635,000 00 from the
Michigan Transportation Fund (Local Road Account) for this purpose, and
the City Engineer 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 431-01 RESOLVED, that having considered the report and
recommendation of the Director of Public Works and the City Engineer,
dated June 15, 2001, which bears the signature of the Director of Finance,
is approved by the Chairman of the Water and Sewer Board and approved
for submission by the Mayor, the Council does hereby accept the unit
price bid of Troelsen Excavating Company, 1395 Rochester Road, Troy,
Michigan 48083, for completing all work required in connection with the
2001 Water System Improvements Project, for the estimated total cost of
$256,600 00, based upon the Engineering Division's estimate of units
involved, and subject to a final payment based upon the actual units
completed in accordance with the unit prices accepted herein, said
estimated cost and unit prices having been in fact the lowest bid received
for this item, FURTHER, the Council does hereby appropriate and
authorize an expenditure in the amount of $256,600 00 from Account No
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592----158-000 (Construction-in-Progress) for this purpose with
reimbursement from the 2000 bond proceeds, and the City Engineer 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 432-01 RESOLVED, that having considered a communication from
the City Planning Commission, dated May 10, 2001, which transmits its
resolution 5-78-2001 adopted on May 8, 2001, with regard to Petition 01-
2-3-1, submitted by Thomas and Sherry Louisignau, requesting the
vacating of a 12 foot wide easement running east and west on the south
border of the property located 11446 Loveland, Lot 1638 of the Rosedale
Gardens No 9 Subdivision, in the Northwest 1/4 of Section 34, the
Council does hereby concur in the recommendation of the City Planning
Commission and Petition 01-2-3-1 is hereby approved and granted, and
the Department of Law is hereby requested to prepare the necessary
vacating ordinance in accordance with this resolution
CR 433-01 RESOLVED, that having considered a communication from
the City Planning Commission, dated May 30, 2001, which transmits its
resolution 5-86-2001 adopted on May 22, 2001, with regard to Petition 01-
4-GB-3, submitted by Charles Towne Offices, LLC, requesting to
substitute a greenbelt for the protective wall as outlined in Section 18 45 of
Zoning Ordinance No 543, as amended, for property located on the south
side of Eight Mile Road between Gill Road and Ellen Drive (34441 Eight
Mile) in the Northwest 1/4 of Section 4, the Council does hereby concur in
the recommendation of the Planning Commission and Petition 01-4-GB-3
is hereby approved and granted, subject to the following conditions
1 That the landscaped greenbelts along the east and south property
line, as shown on the Site Plan marked L1 by Michael Boggio
Associates, as received by the Planning Commission on April 18,
2001, shall be substituted for the protective wall required by Section
18 45 of the Zoning Ordinance,
2 That the landscaped greenbelt along the west property line is
hereby temporarily denied until such time that the abutting property
to the west is developed, at which time the owner of the property
shall have the option of either erecting the required protective wall
or coming back before the Planning Commission and City Council
for a permanent wall waiver;
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3 That a variance temporarily waiving the wall along the west
property line shall be obtained from the Zoning Board of Appeals,
and
4 That if there is any change of circumstances in the areas containing
the greenbelts 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
CR 434-01 RESOLVED, that having considered a communication from
the City Planning Commission, dated May 25, 2001, which transmits its
resolution 5-85-2001 adopted on May 22, 2001, with regard to Petition 01-
5-8-17 submitted by James Blain, on behalf of Cambridge Center West,
requesting site plan approval in connection with a proposal to construct an
addition to the office building located on the southeast corner of Six Mile
Road and Haggerty Road (39209 Six Mile) in the Northwest 1/4 of Section
18, pursuant to the provisions set forth in Section 18 47 of Ordinance No
543, as amended, the Council does hereby concur in the recommendation
of the Planning Commission and Petition 01-5-8-17 is hereby approved
and granted, subject to the following conditions
1 That the Site Plan marked Sheet A-1 dated August 21, 2000, as
revised, prepared by James Blain Associates, is hereby approved
and shall be adhered to,
2 That the Landscape Plan marked Sheet L-1, dated April 9, 2001,
prepared by Russell Design, 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 Plan marked Sheet A4 1 dated
August 21 , 2000, as revised, prepared by James Blain Associates,
is 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,
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7 That all onsite dumpsters shall be enclosed and the three walls of
the trash dumpster area shall be constructed out of the same brick
used in the construction of the building, and the enclosure gates
shall be maintained and when not in use, closed at all times,
8 That all light standards shall be shielded from the adjacent
properties and shall not exceed 20 feet in height;
9 That the petitioner shall correct to the Fire Department's satisfaction
the following as outlined in the correspondence dated May 14,
2001
- That fire lanes shall be established to provide emergency
access to and around Cambridge Center West;
- That fire lanes shall meet the wall-to-wall turning radius
requirements and shall satisfy the requirements of the City of
Livonia Fire Lane Ordinance #1429,
10 That the petitioner shall correct to the Inspection Department's
satisfaction the following as outlined in the correspondence dated
May 17, 2001
That the entire parking lot shall be repaired, resealed and
double striped,
- That all handicap spaces shall be identified and comply with the
Michigan Barrier Free Code,
11 That the 64 square foot wall sign, as shown on the Sign Plan
marked Sheet A4 1, dated May 7, 2001, prepared by James Blain
Associates, is hereby approved and shall be adhered to, and any
additional signage shall be separately submitted for review and
approval by the Planning Commission and City Council,
12 That this approval is subject to the petitioner being granted a
variance from the Zoning Board of Appeals for deficient parking and
excess signage and any conditions related thereto,
13 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
14 That the items mentioned by the Police Department and their
requirements shall be adhered to
air/
33070
- That stop signs shall be installed at the exits to Haggerty;
- That the parking lot needs proper illumination, there currently
appears to be only three (3) lights poles in the area of the
proposed addition, and
- That three additional handicap spaces are required based upon
a total of 308 spaces, which require five (5) handicap spaces
Handicap spaces must be individually signed as required by
City ordinance
CR 435-01 RESOLVED, that having considered a request from Council
President Maureen Miller Brosnan, the Council does hereby refer the
matter of the encroachment of SPREE activities onto residential properties
on Stamford Street and Stark Road to the Mayor for a report and
recommendation
CR 436-01 WHEREAS, the City Clerk has received an Application for
Industrial Facilities Exemption Certificate from Thomas C Rauch, Kemp,
Klein, Umphrey & Endelman, on behalf of International Paper Company,
dated June 11, 2001, covering new industrial facilities to be located within
City of Livonia Industrial Development District 72,
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 Application to the
legislative bodies of the governmental units deriving property taxes
from the property that 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 this Application, and (iii)
advise the said taxing units of this Council's desire to hold a hearing
on this Application on Monday, August 6, 2001, at 7 00 p m at the
Livonia City Hall, 33000 Civic Center Drive, Livonia, Michigan
3 The Council hereby sets Monday, August 6, 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
Application
CR 437-01 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
33071
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
Wednesday, September 12, 2001, at 7 00 pm at the City Hall, 33000
Civic Center Drive, Livonia, Michigan, with respect to the following item
Petition 01-4-1-5, submitted by Michael L Soave for a change
of zoning of property located on the south side of Seven Mile
Road, east of Brookfield Avenue, in the Northwest 1/4 of
Section 10, from RUFC to R-3, the City Planning Commission
in its resolution 6-90-2001 having recommended to the City
Council that Petition 01-4-1-5 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
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
ism performance of this resolution
CR 438-01 RESOLVED, that having considered a communication from
John J Doyle, Doyle Group Attorneys, PC , dated June 18, 2001, 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 June 12, 2001, by the City Planning Commission in its resolution
6-91-2001 with regard to Petition 00-10-2-31 submitted by Rite Aid of
Michigan, Inc., requesting waiver use approval to utilize an SDD liquor
license in connection with its pharmacy business located on the south side
of Eight Mile Road, between Merriman Road and Milburn Avenue, in the
Northwest 1/4 of Section 2, which property is zoned C-2, the Council does
hereby designate Wednesday, August 8, 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
REVISED
33072
CR 439-01 RESOLVED, that having considered a communication from
Jill A. Bankey, Abbott, Nicholson, Quilter, Esshaki & Youngblood, P C ,
dated June 15, 2001, 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 June 12, 2001, by the City Planning
Commission in its resolution 6-92-2001 with regard to Petition 01-4-2-8,
submitted by Badri Yono, requesting waiver use approval to utilize an
SDD liquor license in an existing business (Plymouth Food Store) located
on the north side of Plymouth Road, between Cavell and Arcola Avenues,
in the Southeast 1/4 of Section 25, which property is zoned C-2, the
Council does hereby designate Wednesday, August 8, 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
A roll call vote was taken on the foregoing resolutions with the following result:
AYES Duggan, Laura, Engebretson, Vandersloot, Walsh, Pastor and
Brosnan
NAYS None
A communication from Steven Schafer of Phoenix Land Development,
32000 Northwestern Highway, Suite 145, Farmington Hills, 48334, dated June 29, 2001,
re Rosedale Town Square and requesting that this matter be placed on the next
possible Committee of the Whole meeting for purposes of discussing the final details
for the development, was received and placed on file for the information of the Council
(Petitions 99-1-1-1, 99-4-2-13 and 99-2-8-8)
On a motion by Walsh, seconded by Pastor, and unanimously adopted, it
was
CR 440-01 RESOLVED, that considering the request of Phoenix Land
Development, regarding a change of zoning of property located on the
east side of Farmington Road, between Plymouth Road and Capitol
Avenue in the Southwest '/4 of Section 27 from C-2 and M-1 to R-8C
REVISED
33073
(General Business and Light Manufacturing to Condominium High Rise Multiple
Family Residential District), and this proposed amendment having been given a
First Reading by Councilmember Walsh at the June 4, 2001 Regular Meeting,
the Council does hereby refer this subject matter to the Committee of the Whole
for a report and recommendation (Petition 99-1-1-1) (CR 306-01)
It was also determined that CR 254-99, pursuant to Petition 99-2-8-8, requesting Site Plan
approval to construct commercial buildings at 33330 Plymouth Road, and CR 196-01, pursuant
to Petition 99-4-2-13, requesting waiver use approval to construct a Planned Residential
Development (Rosedale Town Square) on the east side of Farmington Road, north of
Plymouth Road, are to remain in the Committee of the Whole
A communication from Therese McBride, 30414 Wentworth, Livonia, 48154 and
Kenneth Stefanski, 30420 Wentworth, Livonia, 48154 re their request to withdraw their
proposal to combine and divide Tax Items Nos 46-055-01-0079-000 and 46-055-01-0080-000
into 3 parcels, was received and placed on file for the information of the Council (CR 243-01)
On a motion by Laura, seconded by Pastor, and unanimously adopted, it
was
CR 441-01 RESOLVED, that having considered the letter from Therese
McBride, 30414 Wentworth, Livonia, 48154 and Kenneth Stefanski, 30420
Wentworth, Livonia, 48154 regarding their request to withdraw their proposal to
combine and divide Tax Items Nos 46-055-01-0079-000 and 46-055-01-0080-
000 into 3 parcels, the Council does hereby determine to take no further action
on this subject matter
A communication from Dan and Margit Ryan, received at the Streets, Roads and
Plats Committee meeting on June 25, 2001, re a proposed combination and lot split at 31627
Norfolk Street, was received and placed on file for the information of the Council (CR 255-01)
Two photographs from Dan and Margit Ryan, received at the Streets, Roads and
Plats Committee meeting on June 25, 2001, re proposed lot combination and split for
property located at 31627 Norfolk, was received and placed on file for the information of the
Council (CR 255-01)
On a motion by Laura, seconded by Pastor, it was
33074
RESOLVED, that having considered the report and
recommendation of the Streets, Roads and Plats Committee, dated June
25, 2001, submitted pursuant to Council Resolution 255-01, and a
time communication from the City Assessor, dated April 10, 2001, approved for
submission by the Mayor, with regard to a request from Dan and Margit
Ryan, 20338 Brentwood, Livonia, Michigan 48152, 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 combining and dividing Tax Item Nos 46-009-99-0013-001
and 46-009-99-0015-002 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 roll call vote was taken on the foregoing resolution with the following result
AYES Duggan, Laura, and Pastor
NAYS Engebretson, Vandersloot, Walsh and Brosnan
The President declared the resolution failed
On a motion by Laura, seconded by Engebretson, it was
CR 442-01 RESOLVED, that having considered the report and
recommendation of the Streets, Roads and Plats Committee, dated June
25, 2001, submitted pursuant to Council Resolution 255-01, and a
communication from the City Assessor, dated April 10, 2001, approved for
submission by the Mayor, with regard to a request from Dan and Margit
Ryan, 20338 Brentwood, Livonia, Michigan 48152, 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 approve of the
proposed combination and division of Tax Item Nos 46-009-99-0013-001
and 46-009-99-0015-002 into two (2) parcels, the legal descriptions of
which shall read as follows
PARCEL A
Part of the Southeast 1/4 of the Northeast 1/4 of Section 3, T 1 S , R. 9 E ,
City of Livonia, Wayne County, Michigan more fully described as
commencing at the East % corner of said Section 3, thence N 00° 01'29"
E 1322 71 feet along the East line of said Section 3, thence S 89°58'00"
W 525 69 feet along the centerline of Norfolk Avenue, thence S 00°00'06"
W 25 00 feet to the South line of Norfolk Avenue and the point of
beginning, thence S 00°00'06"W 140 32 feet; thence N 89°57'45" E 30 40
feet, thence S 00°00'06" W 165 42 feet, thence S 89°57'45" W 95 12 feet;
thence N 00°00'18" E 305 74 feet to the South line of Norfolk Avenue,
33075
thence N 89°58'00" E 64 70 feet along the South line of Norfolk Avenue to
the point of beginning Containing 0 570 acres
PARCEL B
Part of the Southeast 1/4 of the Northeast 1/4 of Section 3, T 1 S , R 9E ,
City of Livonia, Wayne County, Michigan more fully described as
commencing at the East 1/4 corner of said Section 3, thence N 00° 01'29"
E 1322 71 feet along the East line of said Section 3, thence S 89°58'00"
W 590 39 feet along the centerline of Norfolk Avenue, thence S 00°00'18"
W 25 00 feet to the South line of Norfolk Avenue and the point of
beginning, thence S 00°00'18" W 305 74 feet; thence S 89°57'45" W 70 00
feet; thence N 00°00'18" E 305 75 feet to the South line of Norfolk
Avenue, thence N 89° 58'00" E 70 00 feet along the South line of Norfolk
Avenue to the point of beginning Containing 0 491 acres.
as shown on the map attached to the aforesaid communication which is
made a part hereof by reference, subject to the following exceptions
and/or conditions
1 That until a variance is granted by the Zoning Board of Appeals as
to every nonconforming lot resulting from such split, none of said
lots may be sold, leased or transferred, and
2 That the Petitioner will vacate the east fifteen (15') feet of the
easement located on Parcel No 2,
FURTHER, the City Clerk is hereby requested to cause a certified copy of
this resolution to be recorded in the Office of the Wayne County Register
of Deeds
A roll call vote was taken on the foregoing resolution with the following result:
AYES Duggan, Engebretson, Vandersloot, Walsh and Brosnan
NAYS Laura and Pastor
The President declared the resolution duly adopted
Dan Ryan, petitioner, was present at the meeting and stated that he had the support of
his neighbors regarding the proposed lot split at 31627 Norfolk.
Councilmember Duggan gave first reading to the following
Ordinance
33076
AN ORDINANCDE AMENDING SUBSECTION (n) OF
SECTION 18 50D OF ARTICLE XVIII OF ORDINANCE NO
543, AS AMENDED, KNOWN AND CITED AS "THE CITY
OF LIVONIA ZONING ORDINANCE" (Petition 99-8-6-3)
(CR 396-01)
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 (b) OF
SECTION 18 50K OF ARTICLE XVIII OF ORDINANCE NO
543, AS AMENDED, KNOWN AND CITED AS "THE CITY
OF LIVONIA ZONING ORDINANCE" (Petition 99-8-6-3)
(CR 396-01)
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 17 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 01-2-1-2) (CR 405-01)
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 took from the table, for second
33077
reading and adoption, the following Ordinance
AN ORDINANCE AMENDING SECTION 9 03 OF ARTICLE
IX OF ORDINANCE NO 543, AS AMENDED, KNOWN AND
CITED AS "THE CITY OF LIVONIA CODE ZONING
ORDINANCE" (Petition 01-1-6-1)
A roll call vote was taken on the foregoing Ordinance with the following result:
AYES Duggan, Laura, Engebretson, Vandersloot, Walsh, Pastor and
Brosnan
NAYS None
The President declared the foregoing Ordinance duly adopted, and would
become effective on publication
A communication from George P Butler, III, representing Livonia Public
Schools, dated June 21, 2001, re their request to withdraw their petition to rezone
property located on the west side of Cranston Avenue, between Orangelawn Avenue
and West Chicago Road, as revised, to only include lots 1140 through 1146 of
Rosedale Gardens No 4 Subdivision, was received and placed on file for the
information of the Council (Petition 00-8-1-15)
On a motion by Walsh, seconded by Pastor, and unanimously adopted, it
was
CR 443-01 RESOLVED, that having considered the letter from George
P Butler, Ill of Livonia Public Schools, regarding withdrawal of their
request for a zoning change of property located on the west side of
Cranston Avenue, between Orangelawn Avenue and West Chicago Road,
as revised, to only include Lots 1140 through 1146 of Rosedale Gardens
No 4 Subdivision, the Council does hereby determine to take no further
action on this subject matter
Jan Afonso, 9918 Hubbard, Livonia, 48150 stated that she is disappointed with the
decision of the Livonia School Board to sell the school-owned property in Rosedale
Gardens No 4 Subdivision (Petition 00-8-1-15)
33078
Tim Bailey, 9826 Cranston, Livonia, 48150 stated that he was not in favor of the Livonia
School Board's sale of property in Rosedale Gardens No 4 Subdivision (Petition 00-8-
1-15)
Susan Gibson, 9615 Hubbard, Livonia 48150 read a list of Livonia Public Schools'
property that she believes could potentially be for sale (Petition 00-8-1-15)
William Cook, 9911 Fairfield, Livonia, 48150 said that he did not want the property in
question to be rezoned from Public Land to Residential (Petition 00-8-1-15)
On a motion by Vandersloot, seconded by Engebretson, and unanimously
adopted, it was
CR 444-01 RESOLVED, that having considered a communication from
Ken C Johnson, dated June 6, 2001, which in accordance with the
provisions of Section 5 03 090 of the Livonia Code of Ordinances, as
amended, takes an appeal from a determination made by the Livonia
Police Department with regard to the denial of his application to renew a
public vehicle license to operate a taxicab in the City of Livonia, and
having considered the report and recommendation of the Chief of Police,
dated June 20, 2001, approved by the City Attorney and approved for
submission by the Mayor, the Council does hereby uphold the
determination made by the Chief of Police and the request to renew a
Public Vehicle License to Operate a Taxicab in the City of Livonia is
hereby denied
Ken C Johnson, 20712 Lyndon, Detroit, 48223, was present at the meeting to answer
questions of the Council
On a motion by Duggan, seconded by Engebretson, it was
RESOLVED, that having considered a communication from
the Director of Finance, dated June 8, 2001, approved for submission by
the Mayor, with respect to the bids received for the sale of the City-owned
property located at 19323 and 19337 Farmington Road (the former Fire
Station No 3 site, Tax Item No 016-99-0020-000, and the adjacent
residential parcel to the south, Tax Item No 016-99-0019-000,
respectively), the Council does hereby reject all bids received on May 8,
2001, in connection with this item, FURTHER, the Council does hereby
request that the bid process be repeated, and that the said property be
posted with a "For Sale" sign for 30 days prior to taking bids, and that the
Director of Finance prepare specifications and obtain competitive bids with
no minimum bid price, which bids shall be accompanied by a deposit in
the form of a money order or certified check which is equal to five (5%)
percent of the bid price, and in the event of a default, the deposit is subject
33079
to forfeiture or liquidated damages, and all competitive bids shall
thereafter be submitted to the Council for consideration
A roll call vote was taken on the foregoing resolution with the following result:
AYES Duggan and Brosnan
NAYS Laura, Engebretson, Vandersloot, Walsh and Pastor
The President declared the resolution failed
On a motion by Laura, seconded by Engebretson, it was
CR 445-01 RESOLVED, that having considered the report and
recommendation of the Director of Finance, dated June 8, 2001, approved
for submission by the Mayor, submitted pursuant to Council Resolution
225-01, and which submits competitive bids received in connection with
the sale of City-owned property located at 19323 and 19337 Farmington
Road, more particularly described as
19323 FARMINGTON ROAD — That part of the East 1/2 of the SE 1/4 of
Section 4, T1 S , R9E , described as beginning at a point on the East line
of said Section distance N OD OOM 50 Sec West along said line 825 00
feet from the Southeast corner of Section 4 and proceeding thence South
89D 57M 10 Sec West 276 20 feet, thence N OD OOM 50 Sec West 75 0
feet thence North 89D 57M 10 Sec East 276 20 feet to the East line of
Section 4 thence South OD OOM 50 Sec East along said line 75 0 feet to
the point of beginning exc the East 60 feet thereof 0 38 acres Sidwell
#46-016-99-0020-000
19337 FARMINGTON ROAD — Part of East 1/2 of SE 1/4 of Section 4 T1 S ,
R9E , beginning North OD OOM 50 Sec West 900 feet from Southeast
corner of Section 4 thence South 89D 57M 10 Sec West 276 20 feet
thence South OD OOM 50 Sec East 75 0 feet thence South 89D 57M 10
Sec West 225 0 feet thence North OD OOM 50 Sec West 180 0 0 feet
thence North 89D 57M 10 Sec East 501 20 feet thence South OD OOM 50
Sec East 105 0 feet point of beginning except East 60 feet thereof
adjacent to East Sec Line 1 45 acres Sidwell #46-016-99-0019-000
the Council does hereby reject all bids received on May 8, 2001,
FURTHER, the Council does hereby accept the original bid submitted by
Tri-West Development on March 21, 2001, pursuant to Section 3 05 090B
of the Livonia Code of Ordinances and hereby authorizes the sale of the
aforesaid City-owned property to Tri-West Development, 27540 Michigan
Avenue, Inkster, Michigan 48141, for a total purchase price of
$325,000 00, which sale is conditioned upon the purchaser providing such
33080
title work as may be required for this transaction and fulfilling all other
requirements outlined in the original request for bids except the minimum
bid requirement, the action herein being taken in order to best serve the
interests of the community; and the Mayor and City Clerk are hereby
authorized, for and on behalf of the City of Livonia, to execute a quit claim
deed and such other documents as may be necessary or incidental to
fulfill the purpose of this resolution, and the Department of Law is hereby
requested to prepare and place in proper form such legal documents as
may be necessary to consummate this transaction
A roll call vote was taken on the foregoing resolution with the following result:
AYES Laura, Engebretson, Vandersloot, Walsh and Pastor
NAYS Duggan and Brosnan
The President declared the resolution duly adopted
James Morphew spoke to the Council regarding the sale of property at 19323 and
19337 Farmington Road
On a motion by Walsh, seconded by Duggan, it was
RESOLVED, that having considered a communication from
the City Planning Commission, dated May 25, 2001, which transmits its
resolution 5-84-2001, adopted on May 22, 2001, with regard to Petition
00-6-2-24, as amended, submitted by Mark Chanitz, on behalf of Panera
Bread, requesting approval to increase the signage for the restaurant
located on the south side of Schoolcraft Road, between Middlebelt and
Inkster Roads (28551 Schoolcraft Road), in the Northwest 1/4 of Section
25, the Council does hereby concur in the recommendation of the
Planning Commission and Petition 00-6-2-24, as amended, is hereby
approved, subject to the following conditions
1 That the request for an additional wall sign, as shown on the Sign
Plan marked J-528B dated March 1, 2001, as revised, by
Mandeville Signs, is hereby approved and shall be adhered to,
except for the fact that the area of the sign shall not exceed 21
square feet;
2 That these wall signs shall not be illuminated beyond one (1) hour
after the restaurant closes,
3 That any additional signage shall come back before the Planning
Commission and City Council for their review and approval, and
33081
4 That this approval is subject to the petitioner being granted a
variance from the Zoning Board of Appeals for excess signage and
any conditions related thereto
A roll call vote was taken on the foregoing resolution with the following result:
AYES Duggan, Walsh and Brosnan
NAYS Laura, Engebretson, Vandersloot and Pastor
The President declared the resolution failed
On a motion by Engebretson, seconded by Laura, it was
CR 446-01 RESOLVED, that having considered a communication from
the City Planning Commission, dated May 25, 2001, which transmits its
resolution 5-84-2001, adopted on May 22, 2001, with regard to Petition
00-6-2-24, as amended, submitted by Mark Chanitz, on behalf of Panera
Bread, requesting approval to increase the signage for the restaurant
located on the south side of Schoolcraft Road, between Middlebelt and
Inkster Roads (28551 Schoolcraft Road), in the Northwest 1/4 of Section
25, the Council does hereby concur in the recommendation of the
Planning Commission and Petition 00-6-2-24, as amended, is hereby
approved, subject to the following conditions
1 That the existing sign be removed and two (2) 21 sq ft. signs be
installed, one on each building elevation, as shown on the Sign
Plan marked J-528B dated March 1, 2001, as revised,
2 That these wall signs shall not be illuminated beyond one (1) hour
after the restaurant closes,
3 That any additional signage shall come back before the Planning
Commission and City Council for their review and approval, and
4 That this approval is subject to the petitioner being granted a
variance from the Zoning Board of Appeals for excess signage and
any conditions related thereto
A roll call vote was taken on the foregoing resolution with the following result:
AYES Laura, Engebretson, Vandersloot, Walsh, Pastor and Brosnan
NAYS Duggan
The President declared the resolution duly adopted
33082
Mark Chanitz, representative for Panera Bread, spoke to the Council regarding the
signage for the restaurant at 28551 Schoolcraft Road (Petition 00-6-2-24)
A communication from Dale T Culver, Culver Custom Homes, Inc , 39500
Orchard Hill Place, Suite 130, Novi, 48375, dated July 2, 2001, re request that subject
matter of rezoning of property located on the east side of Bainbridge Avenue between
Five Mile Road and Lyndon Avenue be tabled until the Regular Council meeting of
August 13, 2001, was received and placed on file for the information of the City Council
(Petition 01-2-1-3)
At the request of the petitioner, Culver Custom Homes, Inc., the subject matter of the
rezoning of property located on the east side of Bainbridge Avenue between Five Mile
Road and Lyndon Avenue is moved to the Regular Council meeting of August 13, 2001
(Petition 01-2-1-3)
On a motion by Engebretson, seconded by Laura, and unanimously adopted, it
was
CR 447-01 RESOLVED, that pursuant to Section 21 02 of the Zoning
Ordinance of the City of Livonia, Ordinance No 543, as amended, and
Section 5 of Act 207 of the Public Acts of Michigan of 1921, as amended,
Daniel Richard Andrew, 16728 Parklane Drive, Livonia, Michigan 48154,
is hereby reappointed to the Zoning Board of Appeals for a three-year
term expiring July 12, 2004, with all the authority and duties as set forth in
the said Zoning Ordinance and Act 207
On a motion by Vandersloot, seconded by Duggan, and unanimously
adopted, it was
CR 448-01 RESOLVED, that having considered a communication from
the Director of Finance, dated June 11, 2001, and approved for
submission by the Mayor, the Council does hereby determine to conduct a
public hearing on Monday, October 8, 2001, at 7 00 p m at the Livonia
City Hall, 33000 Civic Center Drive, Livonia, Michigan, with respect to the
following items
1 The proposed annual budget for the City of Livonia for the fiscal
year ending November 30, 2002, and
33083
2 The public hearing required by Act 5 PA 1982, in connection with
the Truth in Taxation hearing,
and the City Clerk shall give adequate public notice of said public hearing
in accordance with provisions of law and City Charter
On a motion by Vandersloot, seconded by Pastor, and unanimously
adopted, it was
CR 449-01 RESOLVED, that having considered a
communication from the Director of Finance, dated June 11,
2001, and approved for submission by the Mayor, the Council
does hereby refer the subject of the Annual Budget for the Fiscal
Year ending November 30, 2002, to the Finance, Insurance and
Budget Committee for its report and recommendation
A communication from Karen Szymula, Director of Legislative Affairs,
dated June 30, 2001, re procedure and timeline for Annual Budget adoption, was
received and placed on file for the information of the Council
During the audience communication portion of the agenda, Tim Bailey,
9826 Cranston, Livonia, 48150 spoke to the Council regarding the issue of future land
use in the City
Jan Afonso, 9918 Hubbard, Livonia, 48150 also spoke to the Council regarding the
issue of future land use in the City
Council President Brosnan wished a happy and safe Fourth of July to everyone She
congratulated the City staff for their efforts in producing an outstanding groundbreaking
ceremony for the Livonia Community Center
On a motion by Duggan, seconded by Pastor, and unanimously adopted,
this 1,444th Regular Meeting of the Council of the City of Livonia was adjourned at
9 13 p m , July 2, 2001
Cta4/It'
6 McCotter, City Clerk