HomeMy WebLinkAboutCOUNCIL MINUTES 2001-08-27 33158
MINUTES OF THE ONE THOUSAND FOUR HUNDRED FORTY-SEVENTH
REGULAR MEETING OF AUGUST 27, 2001
On August 27, 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, John Pastor, Brian
Duggan, Jack Engebretson, Val I Vandersloot, and Maureen Miller Brosnan
Absent: Joe Laura — military duty
Elected and appointed officials present: Jack E Kirksey, Mayor; Robert
Schron, City Engineer; Robert Beckley, Director of Public Works, Jim Zoumbaris,
Superintendent of Public Service, Mark Taormina, City Planner; Sean Kavanagh, City
Attorney; Dave Woodcox, Director of Building Inspection, Karen Tesner, Assistant City
Clerk, Karen Szymula, Director of Legislative Affairs, and Ian Wilshaw, Traffic
Commission
On a motion by Duggan, seconded by Pastor, and unanimously
adopted, it was
CR 552-01 RESOLVED, that the minutes of the 1,446th Regular Meeting
of the Council held August 13, 2001 are hereby approved as submitted
During the audience communication portion of the agenda, Michael
Vinarcik, 20032 Weyher, Livonia, 48152, spoke about his concerns regarding the lack of
digital infrastructure in Livonia, specifically, the high price of internet access through
cable TV and the lack of competition for this market in the City He also gave his
perspective regarding the fingerprinting process involved with obtaining a concealed
weapons permit, and some suggestions on how to obtain increased revenue from this
process for the Police Department.
At the direction of the Chair, Agenda Item #7 was removed from the Consent Agenda
and placed on the Regular Agenda
On a motion by Pastor, seconded by Vandersloot, it was
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CR 553-01 RESOLVED, that having considered an application from
Judith Folk, 14035 Cranston, dated August 3, 2001, requesting permission
to close Cranston between Scone and Perth on Saturday, September 8,
2001, from 2 00 p m to 8 30 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, September 9,
2001, in the event of inclement weather, the action taken herein being
made subject to the approval of the Police Department.
CR 554-01 RESOLVED, that having considered an application from
Marc Hage, 34514 Woodvale Drive, dated August 6, 2001, requesting
permission to close Oakhill Street between Woodvale and Oakhill Court
on Saturday, September 8, 2001, from 3 00 p m to 10 00 p m for the
purpose of conducting a block party, the Council does hereby grant
permission as requested, including therein permission to conduct the said
affair on Sunday, September 9, 2001, in the event of inclement weather,
the action taken herein being made subject to the approval of the Police
Department.
CR 555-01 RESOLVED, that having considered an application from
Karen Schiffman, 15483 Huff, dated August 10, 2001, requesting
permission to close Huff between Five Mile Road and Lancaster on
Saturday, September 8, 2001, from 3 00 p m to 10 00 p m for the
purpose of conducting a block party, the Council does hereby grant
permission as requested, including therein permission to conduct the said
affair on Sunday, September 9, 2001, in the event of inclement weather,
the action taken herein being made subject to the approval of the Police
Department.
CR 556-01 RESOLVED, that having considered an application from Liz
Ferries, 32901 Bennett Court, dated August 9, 2001, requesting
permission to close a portion of Bell Creek and Northgate between 17812
Bell Creek and 32969 Northgate on Saturday, September 8, 2001 from
3 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 Sunday, September 9, 2001, in
the event of inclement weather, the action taken herein being made
subject to the approval of the Police Department.
CR 557-01 RESOLVED, that having considered an application from
Mary Kalasz-Ennis, 14163 Ingram, dated August 11, 2001, requesting
permission to close Ingram between Perth and the north end of Berwick
on Saturday, September 8, 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, September 9, 2001, in the event of inclement weather,
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the action taken herein being made subject to the approval of the Police
Department.
CR 558-01 RESOLVED, that having considered a letter from the Gerald
L. Grusendorf, Show Chairman of the Livonia Woodcarvers Club, dated
August 8, 2001, in connection with the 27th Annual Woodcarving Show to
be conducted at Livonia Community Center on October 13 and 14, 2001,
and which requests permission to display temporary advertising signs
from October 6 through October 14, 2001, which signs will be 14" x 22" in
size and be displayed in the following locations
1 Inkster Road and Eight Mile Road, S W corner
2 Inkster Road on Grand River Blvd, W side
3 Inkster Road and Long, S W corner
4 Inkster Road and Seven Mile Road, N W corner
5 Inkster Road and Six Mile Road, N W corner
6 Inkster Road and Five Mile Road, N W corner
7 Inkster Road and Schoolcraft, N W corner
8 Inkster Road and Schoolcraft, S W corner
9 Inkster Road and Plymouth, S W corner
10 Inkster Road and West Chicago Island
11 Inkster Road and Joy Road, N W corner
12 Joy Road and Harrison, N E corner
13 Middlebelt and Joy, N E corner
14 Middlebelt and West Chicago, N E corner
15 Middlebelt and Plymouth, N E corner
16 Middlebelt and Plymouth, S W corner
17 Middlebelt and Schoolcraft Island, S E corner
18 Middlebelt and Schoolcraft Island, N E corner
19 Middlebelt and Five Mile Road, N E corner
20 Middlebelt and Six Mile Road, N E corner
21 Middlebelt and Seven Mile Road, N E corner
22 Middlebelt and Eight Mile Road, S E corner
23 Middlebelt and Eight Mile Road, S W corner
24 Merriman and Eight Mile Road, S W corner
25 Merriman and Seven Mile Road, N W corner
26 Merriman and Six Mile Road, N W corner
27 Merriman and Five Mile Road, N W corner
28 Merriman and Schoolcraft, N E corner
29 Merriman and Plymouth, N W corner
30 Merriman and Joy, N W corner
31 Farmington Road and Joy, N E corner
32 Farmington Road and Plymouth, N E corner
33 Farmington Road and Schoolcraft, N W corner
34 Farmington Road and Five Mile Road, N E corner
35 Farmington Road and Six Mile Road, N E corner
36 Farmington Road and Seven Mile Road, N W corner
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37 Farmington Road and Eight Mile Road, S W corner
38 Newburgh and Eight Mile Road, S W corner
39 Newburgh and Seven Mile Road, N W corner
40 Newburgh and Six Mile Road Island West
41 Newburgh and Five Mile Road, S W corner
42 Newburgh and Schoolcraft, S W corner
43 Newburgh and Plymouth, S W corner
44 Newburgh and Ann Arbor Trail, S W corner
45 Newburgh and Joy, N W corner
46 Joy Road and Hix, N W corner
47 Haggerty and Joy, N E corner
48 Haggerty and Ann Arbor Road, S E corner
49 Haggerty and Plymouth, S E corner
50 Haggerty and Plymouth, N E corner
51 Haggerty and Schoolcraft, N E corner
52 Haggerty and Five Mile Road, S E corner
53 Haggerty and Six Mile Road, S E corner
54 Haggerty and Seven Mile Road, S E corner
55 Haggerty and Eight Mile Road, S E corner
the Council does hereby approve and grant this request in the manner and
form herein submitted, FURTHER, the Council does hereby determine
that this request shall receive a Category III application pursuant to the
City of Livonia Fees/Waivers Four Category Grid dated February 8, 1993,
as established in Council Resolution 371-93, adopted on May 5, 1993
CR 559-01 RESOLVED, that having considered a letter from Diana
Giordano and JoAnn Sopko, representing St. Edith School, dated August
10, 2001, which requests permission to display signs announcing their fall
craft show to be conducted on Saturday, November 10, 2001, which signs
are to be 22"x14" and one 40"x30" in size, and which will be displayed at
all major intersections of the City from October 27, 2001, through
November 11, 2001, the Council does hereby approve and grant this
request in the manner and form herein submitted
CR 560-01 RESOLVED, that having considered a letter from Mike
Petro, 6747 Edgewood, Canton, Michigan 48187, dated July 25, 2001,
requesting elimination of the sidewalk requirement in front of the new
residence located at 10270 Laurel, 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 proposed sidewalk would damage or necessitate
removal of large trees which currently exist.
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CR 561-01 RESOLVED, that having considered a communication from
the Fire Chief, dated July 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 donation
of a 1988 Ford Festiva LX valued at $500 00 from Kevin M Eisbrenner to
be used for training purposes by the Livonia Fire Department.
CR 562-01 RESOLVED, that having considered the report and
recommendation of the Chief of Police, dated August 13, 2001, which
bears the signatures of the Director of Finance and the City Attorney and
is approved for submission by the Mayor, regarding the proposed
renewal of the hardware service agreement between Compaq Computer
Corporation (Digital Equipment Corporation) and the City of Livonia for
the Livonia Police Department computer system for the period July 1,
2001 through June 30, 2002, for the sum of $35,217 96 for hardware
support from funds already budgeted for this purpose in Account No 101-
306-851-010, the Council does hereby approve the renewal of this
Agreement and authorize the Mayor and City Clerk, for and on behalf of
the City of Livonia, to affix their signatures to such Hardware Service
Agreement, as well as to do all other things necessary or incidental to the
full performance of this resolution, FURTHER, the Council does hereby
authorize said action without competitive bidding for the reasons
indicated in the aforesaid communication, and such action is taken in
accordance with the provisions set forth in Section 3 04 140D4 of the
Livonia Code of Ordinances, as amended
CR 563-01 RESOLVED, that having considered the report and
recommendation of the Chief of Police, dated August 10, 2001, which
bears the signature of the Director of Finance Director and the City
Attorney, and is approved for submission by the Mayor, requesting to
renew the Project Manager Services Contract with Analytical Systems,
Inc. (ASI), 15224 Kercheval Road, Grosse Pointe Park, Michigan 48230,
for the Mobile and Stationary Information System Project for the period
August 15, 2001 through August 15, 2002, previously authorized by
Council Resolution 480-00, for the total cost for this period in the amount
of $72,000 00, the Council does, for and on behalf of the City of Livonia,
authorize the Mayor and City Clerk to execute the said contract in the
manner and form herein submitted under the same rates, terms and
conditions as the existing contract, subject to approval as to form by the
Department of Law; FURTHER, the Council does hereby authorize an
expenditure in the amount of $72,000 00 from the 2000 and 2001 Local
Law Enforcement Block Grant Programs for this purpose, FURTHER, the
action herein without competitive bidding in accordance with Section
3 04 140D2 of the Livonia Code of Ordinances
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CR 564-01 RESOLVED, that having considered the report and
recommendation of the Chief of Police, dated August 13, 2001, which
bears the signature of the Finance Director and the City Attorney, and is
approved for submission by the Mayor, the Council does hereby accept
the proposal of the Isabella County Sheriff, 207 Court Street, Mt. Pleasant,
Michigan 48858, for providing transportation and lodging of prisoners for a
rate of $36 00 per diem for the period of December 1, 2001 through
November 30, 2002, with the City retaining the option to extend the
contract on an annual basis through November 30, 2004, and the Mayor
and City Clerk are hereby authorized, for and on behalf of the City of
Livonia, to execute a contract with the aforesaid bidder and to do all other
things necessary or incidental to the full performance of this resolution,
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 140D2 of the Livonia Code of Ordinances, as amended
CR 565-01 RESOLVED, that having considered the report and
recommendation of the City Engineer, dated July 27, 2001, approved by
the Director of Public Works and approved for submission by the Mayor,
regarding the installation of sidewalk along the east side of Haggerty Road
from Five to Six Mile Roads and from Seven to Eight Mile Roads in the
City of Livonia at the locations and in the amounts indicated in the
attachment to the aforesaid communication, which work was done
pursuant to Council Resolution No 286-98 adopted on April 8, 1998, and
in accordance with the provisions of Section 12 04 340 of Chapter 4 of
Title 12 of the Livonia Code of Ordinances, as amended, the City
Treasurer is hereby directed to send a statement of charges to all property
owners in the amounts listed above in accordance with Section 3 08 150
of Title 3, Chapter 8 of the Livonia Code of Ordinances, as amended, and
the Council does hereby establish the evening of October 24, 2001, at
8 00 p m at the Livonia City Hall, 33000 Civic Center Drive, Livonia,
Michigan, as the time and place when the Council shall meet for the
purpose of adopting a resolution placing a special assessment upon said
properties for such charges unless the same are paid prior to the date of
such meeting, and the City Clerk and City Treasurer are hereby requested
to do all things necessary or incidental to the full performance of this
resolution
CR 566-01 RESOLVED, that having considered the report and
recommendation of the Department of Law, dated August 16, 2001, with
regard to Industrial Facilities Exemption Certificate #88-187, which is
scheduled to expire on December 30, 2001, and which was heretofore
referred to as City of Livonia Industrial Development District No 48,
relative to Hy-Tek Systems, Inc., formerly located at 30930 Industrial
Road, the Council does hereby determine to revoke the said Industrial
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Facilities Exemption Certificate, the action herein being taken for the
reasons set forth in the aforesaid report and recommendation of the
Department of Law
CR 567-01 RESOLVED, that having considered the report and
recommendation of the Department of Law, dated August 16, 2001, with
regard to Industrial Facilities Exemption Certificate #93-168, which is
scheduled to expire on December 30, 2005, and which was heretofore
referred to as City of Livonia Industrial Development District No 48,
relative to Hy-Tek Systems, Inc , formerly located at 30930 Industrial
Road, the Council does hereby determine to revoke the said Industrial
Facilities Exemption Certificate, the action herein being taken for the
reasons set forth in the aforesaid report and recommendation of the
Department of Law
CR 568-01 RESOLVED, that having considered a communication from
the City Planning Commission, dated July 26, 2001, which transmits its
resolution 7-113-2001, adopted on July 24, 2001, with regard to Petition
01-6-2-12, submitted by Andy Hanoush, on behalf of Pita Franchise
Corporation, requesting waiver use approval to operate a full-service
restaurant to be located on the south side of Six Mile Road, between
Laurel Park Drive and Newburgh Road, in the Northeast 1/4 of Section 18,
which property is zoned C-2, the Council does hereby concur in the
recommendation made by the City Planning Commission and Petition 01-
6-2-12 is hereby approved and granted, subject to the following
conditions
1 That the maximum number of customer seats shall not exceed 36
seats,
2 That the issues listed in the correspondence dated July 10, 2001
from the Inspection Department relating to missing handrails at the
stairs and at landings/raised surfaces, the requirement for an exit
and corridor at the rear of the building, and the width of the corridor
accessing the restrooms not being in compliance with Barrier Free
requirements shall be rectified to that Department's satisfaction,
and
3 That all other conditions and requirement set forth in Council
Resolution 188-99 granting Site Plan approval for the
reconstruction of the Laurel Pointe building shall remain in effect
and shall be adhered to
CR 569-01 RESOLVED, that having considered a communication from
the City Planning Commission, dated July 13, 2001, which transmits its
resolution 7-101-2001, adopted on July 10, 2001, with regard to Petition
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01-6-8-19, submitted by Angelo D'Orazio, requesting site plan approval in
connection with a proposal to construct an addition to the office building
located on Farmington Road, between Five Mile Road and Rayburn Street
(15530 Farmington Road), in the Southwest 1/4 of Section 15, 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 01-6-8-19 is hereby approved and
granted, subject to the following conditions
1 That the Site Plan marked Sheet 1 dated June 5, 2001, prepared
by Michael L. Priest & Associates, is hereby approved and shall be
adhered to, except for the fact that the existing driveway shall be
removed and a new driveway shall be installed so that it lines up
with the aisle way of the new parking lot;
2 That the Landscape Plan marked Sheet 2 dated June 5, 2001,
prepared by Michael L Priest & Associates, is hereby approved
and shall be adhered to, except for the fact that in place of the
existing driveway, that is to be removed, additional landscaping
shall be installed,
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 existing large tree located on the north property line shall
be retained and incorporated into the landscaping of the site,
6 That the Exterior Building Elevation Plan marked Sheet A-2 dated
June 14, 2001, as revised, prepared by GAV Architectural Design,
is hereby approved and shall be adhered to,
7 That the Exterior Building Elevation Plan marked Sheet A-3 dated
June 18, 2001, as revised, prepared by GAV Architectural Design,
is hereby approved and shall be adhered to,
8 That the brick used in the construction shall be full-face four inch
(4") brick, no exceptions,
9 That the three walls of the trash dumpster area shall be constructed
out of the same brick used in the construction of the building or in
the event a poured wall is substituted, the wall's design, texture and
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color shall match that of the building, and the enclosure gates shall
be maintained and, when not in use, closed at all times,
10 That no signs, either freestanding or wall mounted, are approved
with this petition,
11 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
CR 570-01 WHEREAS, the City Clerk has received an Application for
Industrial Facilities Exemption Certificate from Brian Brace, Automotive
Business Unit Director, Permacel, dated August 20, 2001, covering new
industrial facilities to be located within City of Livonia Industrial
Development District 81,
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, October 1, 2001, at TOO p m at the
Livonia City Hall, 33000 Civic Center Drive, Livonia, Michigan
3 The Council hereby sets Monday, October 1, 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 571-01 RESOLVED, that having considered a communication from
John J Doyle, Doyle Group Attorneys, P C , 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
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hereby designate Monday, September 24, 2001, at TOO 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 Walsh, Pastor, Duggan, Engebretson, Vandersloot and
Brosnan
NAYS None
Councilmember Walsh left the podium at 8 18 p m due to a conflict of interest.
A communication from the Inspection Department, dated August 24, 2001,
re request from Schoolcraft College to review permit fees relative to their expansion
projects, and the conclusion that building permits will be obtained from the City of
Livonia regardless of the involvement of state funding for this project, was received and
placed on file for the information of the Council
On a motion by Pastor, seconded by Duggan, and unanimously
adopted, it was
CR 572-01 RESOLVED, that having considered a letter from Conway A.
Jeffress, Ph D , President of Schoolcraft College, dated August 9, 2001,
requesting the review of building permit fees in connection with college
expansion projects, the Council does hereby refer this matter to the
Department of Law and Inspection Department for their reports and
recommendations, FURTHER, that the Council does hereby refer to the
Law Department the issue of amendment of the Permit and Fees
Ordinance to allow City Council to suspend and reduce permit fees for
community colleges
Conway Jeffress, President of Schoolcraft College, was present at the meeting to
answer questions of the Council
Councilmember Walsh returned to the podium at 8.22 p m
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At the direction of the Chair, Agenda Item #19(a) was postponed to the next Regular
Meeting of September 5, 2001 due to the absence of the petitioner, Robert Canzano
On a motion by Duggan, seconded by Engebretson, and
unanimously adopted, it was
CR 573-01 RESOLVED, that having considered the report and
recommendation of the Committee of the Whole, dated August 14, 2001,
submitted pursuant to 171-00 and the report and recommendation of the
Director of Public Works and the City Engineer, dated August 13, 2001,
approved for submission by the Mayor, the Council does hereby amend
and revise Council Resolution 780-00 so as to have the same read as
follows.
RESOLVED, that having considered a communication from the
Department of Law, dated August 22, 2001, which bears the
signature of the Director of Finance and is approved for
submission by the Mayor, submitted pursuant to Council
Resolution 169-00, to which is attached a Real Estate Sales
Agreement (the "Agreement"), the Council does hereby accept
the offer of Quality Metalcraft, Inc., 33355 Glendale, Livonia,
Michigan 48150, to purchase certain city-owned property in the
Northwest 1/4 of Section 27, further described as
That part of the Northwest 1/4 of Section 27, Town 1
South, Range 9 East, City of Livonia, Wayne County,
Michigan more particularly described as beginning at
a point distant South 00°06'20" West, 825 00 feet and
North 89°35'30" West, 1,236 76 feet and South
00°20'30" West, 963 00 feet from the North 1/4 corner
of Section 27 and proceeding thence South 89°12'20"
East, 258 75 feet; thence South 00°20' 30" West,
325 00 feet; thence North 89°12'20" West, 258 75
feet; thence North 00°20'30" East, 325 00 feet to the
point of beginning Containing 1 930 Acres (Revised
Parcel A)
for the sum of $275,000 00, subject to execution of a real estate sales
agreement substantially in the form of the Agreement; and the
Department of Law is requested to negotiate, prepare and place in
proper form such real estate sales agreement, quit claim deed and such
other documents as may be necessary or incidental to fulfill the purpose
of this resolution, and the Mayor and City Clerk are hereby requested to
execute such real estate sales agreement, quit claim deed, and such
other documents as may be necessary, subject to approval as to form by
the Department of Law, as well as to do all other things necessary or
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incidental to the full performance of this resolution, FURTHER, the
Council does hereby direct that the net proceeds from the sale of this
property be deposited into the Capital Improvement Fund (401) for future
capital improvement projects
Councilmember Vandersloot took from the table, for second
reading and adoption, the following Ordinance
AN ORDINANCE VACATING PORTIONS OF
STREET, ALLEY AND PUBLIC GROUND (Petition
01-02-03-01)
A roll call vote was taken on the foregoing Ordinance with the following result:
AYES Walsh, Pastor, Duggan, Engebretson, Vandersloot and Brosnan
NAYS None
The President declared the foregoing Ordinance duly adopted, and would
become effective on publication
On a motion by Duggan, seconded by Walsh, it was
CR 574-01 RESOLVED, that having considered a letter from Eric
Stromberg, dated July 23, 2001, requesting elimination of the sidewalk
requirement in front of his residence located at 18430 Shadyside, 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
A roll call vote was taken on the foregoing resolution with the following result:
AYES Walsh, Duggan, Engebretson, Vandersloot and Brosnan
NAYS Pastor
The President declared the resolution duly adopted
A communication from the Engineering Division, dated August 23, 2001,
re request of Eric Stromberg for removal of sidewalks at 18430 Shadyside, Livonia,
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48152 and the fact that there are no sidewalks in the immediate neighborhood, was
received and placed on file for the information of the Council
On a motion by Duggan, seconded by Vandersloot, and
unanimously adopted, it was
CR 575-01 RESOLVED, that having considered the report and
recommendation of the Director of Public Works and the Superintendent
of Public Service, dated August 2, 2001, which bears the signature of the
Director of Finance and is approved for submission by the Mayor, the
Council does hereby accept the bid of Sunset Excavating, Inc., 12641
Stark Road, Livonia, Michigan 48150, for completing all work required in
connection with the Landfill Closure Project at the unit prices shown on the
attachment, which are in the total amount of $623,646 30, the same
having been in fact the lowest bid received and meets all specifications;
FURTHER, the Council does hereby authorize an expenditure in the
amount of $623,646 30 from funds already budgeted in Account No 205-
527-818-041 (Municipal Refuse Fund - Landfill Remediation) for this
purpose, and the Director of Public Works is hereby authorized to approve
minor adjustments in the work as it becomes necessary; and the Mayor
and City Clerk are hereby authorized, for and on behalf of the City of
Livonia, to execute a contract with the aforesaid bidder and to do all other
things necessary or incidental to the full performance of this resolution
A communication from the Public Service Division, dated August 23, 2001,
re. bid summaries for recent projects done as a comparison for the costs associated
with the Landfill Closure Project, was received and placed on file for the information of
the Council
Councilmember Engebretson gave first reading to the following
Ordinance
AN ORDINANCE REPEALING TITLE 15, CHAPTER 08
(ELECTRICAL CODE) OF THE LIVONIA CODE OF
ORDINANCES, AS AMENDED
The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in the
Office of the City Clerk, and is the same as if word for word repeated herein
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Councilmember Engebretson invoked the Emergency Clause and gave
second reading to the foregoing Ordinance and a roll call vote was taken thereon
with the following result:
AYES Walsh, Pastor, Duggan, Engebretson, Vandersloot, and
Brosnan
NAYS None
The President declared the foregoing Ordinance duly adopted, and would
become effective on publication
Councilmember Engebretson gave first reading to the following
Ordinance
AN ORDINANCE REPEALING TITLE 15, CHAPTER 12
(ELECTRICAL LICENSING) OF THE LIVONIA CODE OF
ORDINANCES, AS AMENDED
The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in the
Office of the City Clerk, and is the same as if word for word repeated herein
Councilmember Engebretson invoked the Emergency Clause and gave
second reading to the foregoing Ordinance and a roll call vote was taken thereon
with the following result:
AYES Walsh, Pastor, Duggan, Engebretson, Vandersloot, and
Brosnan
NAYS None
The President declared the foregoing Ordinance duly adopted, and would
become effective on publication
Councilmember Engebretson gave first reading to the following
Ordinance
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AN ORDINANCE AMENDING SECTION 040 OF TITLE 15,
CHAPTER 56 (ELECTRICAL PERMIT AND INSPECTION
FEES) OF THE LIVONIA CODE OF ORDINANCES, AS
AMENDED
The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in the
Office of the City Clerk, and is the same as if word for word repeated herein
Councilmember Engebretson invoked the Emergency Clause and gave
second reading to the foregoing Ordinance and a roll call vote was taken thereon
with the following result:
AYES Walsh, Pastor, Duggan, Engebretson, Vandersloot, and
Brosnan
NAYS None
The President declared the foregoing Ordinance duly adopted, and would
become effective on publication
Councilmember Engebretson gave first reading to the following
Ordinance
AN ORDINANCE AMENDING SUBSECTION D OF
SECTION 060, CHAPTER 04 (BUILDING CODES) OF
TITLE 15 OF THE LIVONIA CODE OF ORDINANCES, AS
AMENDED
The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in the
Office of the City Clerk, and is the same as if word for word repeated herein
Councilmember Engebretson invoked the Emergency Clause and gave
second reading to the foregoing Ordinance and a roll call vote was taken thereon
with the following result:
AYES Walsh, Pastor, Duggan, Engebretson, Vandersloot, and
Brosnan
33173
NAYS None
The President declared the foregoing Ordinance duly adopted, and would
become effective on publication
Terri Lemmon, 12101 Brewster, Livonia, 48150 spoke to Council and stated that she is
in the process of circulating a petition among the residents of Alden Village requesting
that a ten foot wall be built on the property line dividing the M-1 proposed Rosati
Industrial Subdivision and R-5 residential property
Rochelle Rabaut, 12067 Boston Post, Livonia, 48150, voiced her concerns regarding
the increase of traffic in her area as a result of the proposed Rosati Industrial
Subdivision development.
Guy Chopp, 12017 Brewster, Livonia, 48150, stated that he wants to be assured that
the petitioner, Enrico Rosati, will stay within the guidelines set forth for the proposed
Industrial Su bd ivison
Mr Vanzo, 12066 Boston Post, Livonia, 48150, wants City Council to have Boston Post
Street closed off to traffic prior to the development of the Rosati Industrial Subdivision
On a motion by Duggan, seconded by Walsh, it was
CR 576-01 RESOLVED, that having considered a communication from
the City Planning Commission, dated July 27, 2001, which transmits its
resolution 7-114-2001, adopted on July 24, 2001, with regard to the
proposed preliminary plat of Rosati Industrial Subdivision to be located on
the west side of Stark Road, between Schoolcraft Road (1-96) and
Plymouth Road, in the South 1/2 of Section 28, City of Livonia, Wayne
County, Michigan, and the preliminary plat having been approved by the
City Planning Commission on July 24, 2001, the Council does hereby
approve of the said preliminary plat based upon the same conditions as
those set forth in the aforesaid Planning Commission action and subject to
the receipt of a report and recommendation by the City Engineer relative
to the development plans and specifications for the improvements therein,
and the financial assurances guaranteeing the satisfactory installation of
such improvements
A roll call vote was taken on the foregoing resolution with the following result:
AYES Walsh, Duggan, Engebretson, Vandersloot and Brosnan
NAYS Pastor
The President declared the resolution duly adopted
33174
On a motion by Engebretson, seconded by Pastor, and unanimously
adopted, it was
CR 577-01 RESOLVED, that having considered a communication from
the City Planning Commission, dated July 27, 2001, which transmits its
resolution 7-114-2001, adopted on July 24, 2001, with regard to the
proposed preliminary plat of Rosati Industrial Subdivision to be located on
the west side of Stark Road, between Schoolcraft Road (1-96) and
Plymouth Road, in the South 1/2 of Section 28, City of Livonia, Wayne
County, Michigan, and the preliminary plat having been approved by the
City Planning Commission on July 24, 2001, the Council does hereby refer
the subject matter of conditions precedent to the final plat approval to the
Committee of the Whole for its report and recommendation
A communication from neighbors, dated August 14, 2001, re their
support for a proposed lot combination located at 19296 and 19292 Farmington Road,
submitted by Frank March of ABC Affordable Builders and Contractors, was received
and placed on file for the information of the Council
Photos of homes, dated August 20, 2001, submitted by Frank March, ABC
Affordable Homes, re homes built on 40 foot lots in the immediate area of the
proposed lot combination at 19296 and 19292 Farmington Road, was received and
placed on file for the information of the Council
Frank March, petitioner for a proposed lot combination at 19296 and 19292 Farmington
Road, 24000 Currier, Dearborn Heights, was present to answer questions of the
Council, and stated that he wished to have this lot combination approved so that he
could build his own personal home at this site
On a motion by Duggan, seconded by Vandersloot, it was
CR 578-01 RESOLVED, that having considered a communication from
the City Assessor, dated June 28, 2001, approved for submission by the
Mayor, with regard to a request from Frank March, ABC Affordable
Builders and Contractors, P 0 Box 2507, Dearborn, Michigan 48123, 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
deny the proposed combination of Tax Item Nos. 46-011-01-0051-001 and
46-011-01-0052-001 into one (1) parcel
33175
A roll call vote was taken on the foregoing resolution with the following result:
AYES Duggan, Engebretson, Vandersloot and Brosnan
NAYS Walsh and Pastor
The President declared the resolution duly adopted
On a motion by Pastor, seconded by Walsh, and unanimously adopted, it
was.
CR 579-01 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 No 72, and
WHEREAS, the City Clerk has notified in writing the Assessor of the City
of Livonia as well as the legislative body of each taxing unit which levies
ad valorem property taxes in the local governmental unit in which the
proposed facility is to be located, i e , the City of Livonia, and advised
each of them that the said Application has been received, and
WHEREAS, the City Council has afforded International Paper Company,
the Assessor, and a representative of each of the affected taxing units an
opportunity for a hearing on this Application and said hearing having in
fact been conducted at 7 00 p m , Monday, August 6, 2001 at the Livonia
City Hall, 33000 Civic Center Drive, Livonia, Michigan
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
LIVONIA AS FOLLOWS
1 That the City Council, on the basis of the information received from
the applicant, International Paper Company, finds and determines.
(a) that the granting of this industrial facilities exemption certificate
shall not have the effect of substantially impeding the operation of
the local governmental unit or impairing the financial soundness of
any taxing unit which levies an ad valorem property tax in the local
governmental unit in which the facility is to be located, and (b) the
applicant has fully complied with the requirements of Section 9, Act
No 198, P.A. 1974, as amended
2 That the City Council hereby approves the Application for Industrial
Facilities Exemption Certificate from International Paper Company
covering new industrial facilities to be located within the City of
Livonia Industrial Development District No 72 for 10 years
33176
,t 3 That in accordance with the requirements of Section 22, Act 198,
P.A. 1974, as amended, wherein a letter of agreement between the
applicant and the City is required in order to clarify the
understanding and the commitment between the applicant and the
City upon approval of an Industrial Facility Exemption Certificate,
the Council hereby authorizes the Mayor and City Clerk to sign
such Letter of Agreement as duly executed by the applicant and
incorporate such Letter of Agreement as part of the documentation
required to process Applications for Industrial Facility Exemption
Certificates
The petitioner was present to answer questions of the Council
On a motion by Duggan, seconded by Engebretson, it was
RESOLVED, that having considered a communication from
the City Planning Commission, dated June 15, 2001, which sets forth its
resolution 6-92-2001 adopted on June 12, 2001, with regard to Petition
01-04-02-08 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, and the Council having conducted a public hearing with regard
to this matter on August 8, 2001, pursuant to Council Resolution 439-01,
the Council does hereby concur in the recommendation of the City
Planning Commission and said Petition 01-04-02-08 is hereby denied, for
the same reasons as those set forth in the action taken by the Planning
Commission
A roll call vote was taken on the foregoing resolution with the following result:
AYES Duggan, Engebretson and Brosnan
NAYS Walsh, Pastor and Vandersloot
The President declared the resolution failed for lack of support.
A communication from Jill A. Bankey, attorney for petitioner Badri Yono,
dated August 16, 2001, re copy of a Purchase Agreement and a letter from the Liquor
Control Commission relative to a request for waiver use approval to utilize an SDD
33177
license at Plymouth Food Store, was received and placed on file for the information of
the Council (Petition 01-04-02-08)
A communication from Bernard A. Skotzke, 9967 Cavell Street, Livonia,
48150, re his opposition to a waiver use approval to utilize an SDD liquor license at
Plymouth Food Store, was received and placed on file for the information of the Council
(Petition 01-04-02-08)
On a motion by Walsh, seconded by Pastor, it was
RESOLVED, that having considered a communication from
the City Planning Commission, dated June 15, 2001, which sets forth its
resolution 6-92-2001 adopted on June 12, 2001, with regard to Petition
01-04-02-08 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, and the Council having conducted a public hearing with regard
to this matter on August 8, 2001, pursuant to Council Resolution 439-01,
the Council does hereby reject the recommendation of the City Planning
Commission and said Petition 01-04-02-08 is hereby approved and
granted subject to the following conditions
1 That this approval shall be subject to a variance being granted by
the Zoning Board of Appeals with respect to non-compliance with
the 400 foot separation requirement between the proposed SDD
licensed establishment and an existing church, and
2 That the site deficiencies listed in the correspondence dated May
29, 2001 from the Inspection Department shall be corrected to that
Department's satisfaction
A roll call vote was taken on the foregoing resolution with the following result:
AYES Walsh, Pastor and Vandersloot
NAYS Duggan, Engebretson and Brosnan
The President declared the resolution failed for lack of support.
33178
At the direction of the chair, this item was moved to the next Regular Meeting of
September 5, 2001, for consideration before the full City Council
On a motion by Duggan, seconded by Engebretson, and unanimously
adopted, it was
CR 580-01 RESOLVED, that having considered a communication from
the Department of Law, dated August 21, 2001, which bears the signature
of the Director of Finance and is approved for submission by the Mayor,
with regard to 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,
wherein it is requested that Council Resolution 540-01 be rescinded, the
Council does hereby rescind Council Resolution 540-01
On a motion by Duggan, seconded by Engebretson, and unanimously
adopted, it was
CR 581-01 RESOLVED, that having considered a communication from
the City Planning Commission, dated May 11, 2001, which sets forth its
resolution 5-81-2001 adopted on May 8, 2001, with regard to 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, and the Council having conducted a
public hearing with regard to this matter on Monday, July 16, 2001,
pursuant to Council Resolution 364-01, the Council does hereby
determine to take no further action with respect to this matter
On a motion by Pastor, seconded by Walsh, it was
CR 582-01 RESOLVED, that having considered a communication from
the Department of Law, dated August 15, 2001, approved for submission
by the Mayor, the Council does hereby, by a two-thirds roll call vote in
accordance with Section 7(1) of the Open Meetings Act, direct that a
closed Committee of the Whole meeting be held for the purposes of
discussing litigation matters and attorney/client privileged communications
in connection with threatened litigation regarding Vicky Walpole
A roll call vote was taken on the foregoing resolution with the following result:
AYES Walsh, Pastor, Duggan, Engebretson, Vandersloot and
Brosnan
33179
NAYS None
t
The President declared the resolution duly adopted
On a motion by Engebretson, seconded by Pastor, it was
CR 583-01 RESOLVED, that having considered a communication from
the Department of Law, dated August 15, 2001, approved for submission
by the Mayor, the Council does hereby, by a two-thirds roll call vote in
accordance with Section 7(1) of the Open Meetings Act, direct that a
closed Committee of the Whole meeting be held for the purposes of
discussing litigation matters and attorney/client privileged communications
in connection with pending litigation regarding Livonia Hotel, LLC and
Hooters of Livonia, Inc. v City of Livonia.
A roll call vote was taken on the foregoing resolution with the following result:
AYES Walsh, Pastor, Duggan, Engebretson, Vandersloot and
Brosnan
NAYS None
The President declared the resolution duly adopted
During the audience communication portion of the agenda,
Councilmember Pastor sent congratulation wishes to Tracey Pelletier, of the City
Council Office, and her husband, on the adoption of their baby
On a motion by Duggan, seconded by Pastor, and unanimously adopted,
this 1,447th Regular Meeting of the Council of the City of Livonia was adjourned at
9 05 p m , August 27, 2001
- ct kc c -1, 1 t e-- 0 .A4 7 t
Joan iVI Cotter, City Clerk