HomeMy WebLinkAboutCOUNCIL MINUTES 2001-03-07 32824
MINUTES OF THE ONE THOUSAND FOUR HUNDRED THIRTY-SIXTH
REGULAR MEETING OF MARCH 7, 2001
On March 7, 2001, the above meeting was held at the City Hall, 33000
Civic Center Drive, Livonia, Michigan, and was called to order by the President of the
Council at 8.00 p m Councilmember Walsh delivered the invocation
Roll was called with the following result. John Walsh, Brian Duggan, Joe
Laura, Jack Engebretson, Val I Vandersloot, and Maureen Miller Brosnan
Absent: John Pastor - ill
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; Dave Woodcox, Director of Building Inspection, Jim Inglis,
Director of Housing, Ron Reinke, Superintendent of Parks and Recreation, Jim
Zoumbaris, Superintendent of Public Service, Karen Szymula, Director of Legislative
Affairs and Ian Wilshaw, Traffic Commission
On a motion by Duggan, seconded by Walsh, it was
CR 111-01 RESOLVED, that the minutes of the 1 ,435th Regular Meeting
of the Council held February 21, 2001 are hereby approved as submitted
AYES Walsh, Duggan, Engebretson, Vandersloot and Brosnan
NAYS None
PRESENT Laura
At the direction of the Chair, Agenda item #31 was moved to the next Regular Meeting
of March 19, 2001
During the audience communication portion of the meeting, the following
persons spoke in opposition to the installation of a cellular tower to be located on the
east side of Newburgh Road between Six Mile Road and Munger Street (Agenda Item #
31).
Carolyn and Sarah Meyer 16769 Fitzgerald
Marian Fox 16768 Fitzgerald
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Dale Wittbracht 16627 Fitzgerald
Council President Brosnan congratulated Bonnie Johnson on her thirteenth anniversary
of working in the City Council office, and thanked her for her constant dedication and
thoroughness over the years, and a job well done
At the direction of the Chair, Item #4 was removed from the Consent Agenda
An e-mail communication from Eric Fitzpartick, 9327 Montana, Livonia,
48150, dated March 2, 2001 re sample lighting ordinances from other communities,
was received and placed on file for the information of the Council (Agenda Item #1)
A communication from the Engineering Division, dated March 1, 2001, re
a legal description not acknowledging any right-of-way for Seven Mile Road relative to
the lot split at 31659 Seven Mile Road, was received and placed on file for the
information of the Council (Agenda Item #3
Correspondence from various neighbors located in the area of the
proposed lot split south of Seven Mile Road and west of Merriman Roads on property
known as 31659 Seven Mile Road, was received and placed on file for the information
of the Council (Agenda Item #3)
On a motion by Duggan, seconded by Laura, it was
CR 112-01 RESOLVED, that having considered a letter from Eric J
Fitzpatrick, 9327 Montana, dated February 8, 2001, with regard to the
safety, aesthetics and environmental concerns of excessive or
inappropriate outdoor lighting at various businesses throughout the City,
the Council does hereby refer the subject of considering establishment of
a new policy or ordinance regulating excessive outdoor lighting in the City
of Livonia to the Mayor for a report and recommendation
CR 113-01 RESOLVED, that having considered a letter from Eric J
Fitzpatrick, 9327 Montana, dated February 8, 2001, with regard to the
safety, aesthetics and environmental concerns of excessive or
inappropriate outdoor lighting at various businesses throughout the City,
the Council does hereby refer this matter to the Streets, Roads and Plats
INF Committee for its report and recommendation
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CR 114-01 RESOLVED, that having considered a letter from Stanley
Wright, President of the Burton Hollow Civic Association, dated February
13, 2001, requesting an amendment to Section 4 02(g) of Zoning
Ordinance No 543 to impose a limitation on the length and height of
recreational vehicles stored in the rear yard, the Council does hereby refer
this matter to the Administration for its report and recommendation
CR 115-01 RESOLVED, that having considered a letter from Stanley
Wright, President of the Burton Hollow Civic Association, dated February
13, 2001, requesting an amendment to Section 4 02(g) of Zoning
Ordinance No 543 to impose a limitation on the length and height of
recreational vehicles stored in the rear yard, the Council does hereby refer
this matter to the Legislative Committee for its report and
recommendation
CR 116-01 RESOLVED, that having considered a communication from
the City Assessor, dated February 15, 2001, approved for submission by
the Mayor, with regard to a request from Greg Rowley of Rowley Brothers
Construction LLC, 12835 Berwyn, Redford, Michigan 48239, on behalf of
Jay Douglas, to divide Tax Item No 46-037-99-0010-000, located south of
Seven Mile Road and west of Merriman Road, 31659 Seven Mile Road,
into two (2) parcels, the Council does hereby refer this matter to the
Streets, Roads and Plats Committee for its report and recommendation
CR 117-01 RESOLVED, that having considered a communication from
the Mayor, dated February 9, 2001, concerning the reappointment of
James R McCann to the Board of Ethics, and pursuant to Section
2 200 070 of the Livonia Code of Ordinances, as amended, the Council
does hereby consent to and confirm the reappointment of James R.
McCann, 15722 Golfview, Livonia, Michigan 48154, to the Board of Ethics
for a three year term commencing March 1, 2001 and expiring March 1,
2004
A communication from the Office of the Mayor, dated February 15, 2001,
to which is attached a communication from Police Chief Kunst, re - Administrative
Response - results of police patrols on Levan Road between Five and Six Mile Roads
for speeding and stop sign violations between the dates of January 30 and February 9,
2001, was received and placed on file for the information of the Council (CR 28-01)
CR 118-01 RESOLVED, that having considered the report and
recommendation of the Director of Finance, dated February 7, 2001,
approved for submission by the Mayor, to which is attached recommended
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final budget adjustments for Fiscal Year 2000, the Council does hereby
authorize the said budget adjustments and transfers in the manner and
form herein submitted
A communication from the Department of Assessment, dated February 7,
2001, re - Administrative Response - estimated taxes for the buildings in Millennium
Park, was received and placed on file for the information of the Council (CR 842-00)
CR 119-01 RESOLVED, that having considered the report and
recommendation of the Director of Inspection, dated February 5, 2001,
which bears the signature of the Director of Finance and is approved for
submission by the Mayor, the Council does hereby approve the extension
of the Weed Cutting Contract 99-A, commencing January 1, 2001, and
expiring on December 31, 2001, with Michigan Grounds Management,
14931 Farmington Road, Livonia, Michigan 48154, under the same rates,
terms and conditions as the 1999 contract; FURTHER, the Council does
hereby authorize an advance in the contract amount from the Municipal
Refuse Fund Account for the purpose of making payments to the
contractor as the work is completed, with the provision that the Municipal
Refuse Fund Account be reimbursed as bills for weed cutting are
collected, and the Director of Inspection is hereby authorized to approve
minor adjustments in the work as it becomes necessary; and the City
Clerk is hereby authorized to do all things necessary or incidental to the
full performance of this resolution, FURTHER, the Council does hereby
authorize the action herein without competitive bidding in accordance with
Section 3 04 140D4 of the Livonia Code of Ordinances, as amended (CR
173-99 and CR 83-00)
A communication from the Inspection Department, dated December 5,
2000, re Administrative Response - property maintenance and parking problems at
D & G Heating, located at Seven Mile and Farmington Roads, was received and placed
on file for the information of the Council (CR 823-00) (Petitions 00-2-2-5 and 00-6-8-9
submitted by Wintergarden Tavern, L L C )
A communication from the Livonia Traffic Commission, dated December
18, 2001 , re - Administrative Response - the Traffic Commission's opinion that "No
Parking" signs on Westmore do not need to be erected, was received and placed on file
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for the information of the Council (CR 824-00) (Petitions 00-2-2-5 and 00-6-8-9
submitted by Wintergarden Tavern, L L C )
A communication from the Division of Police, dated February 5, 2001, re
- Administrative Response - a history of police responses for assistance and the number
of LCC violations in the last three years at the Wintergarden Tavern, located on the
northeast corner of Seven Mile and Farmington Roads, was received and placed on file
for the information of the Council (CR 826-00) (Petitions 00-2-2-5 and 00-6-8-9 by
Wintergarden Tavern, L.L.0 )
CR 120-01 RESOLVED, that having considered the report and
recommendation of the Housing Director, dated February 13, 2001,
approved for submission by the Mayor, and to which is attached a report
containing a brief explanation of the 2001-2002 Community Development
Block Grant (CDBG) Program, the Council does hereby take this means to
indicate its informal approval of the proposed program and does further
authorize the conducting of a public hearing on this matter for public
comment so that thereafter a final program and budget will be prepared for
submission to the City Council
CR 121-01 RESOLVED, that having considered the report and
recommendation of the Director of the Housing Commission, dated
February 5, 2001 , which bears the signature of the Director of Finance
and is approved for submission by the Mayor, and which indicates that the
Housing Commission has recommended a rental adjustment for Silver
Village as follows
A) Pre-December 1990 Residents - 33 Residents:
Adjusted Rent
Bedroom Size Current Rent Effective 6-1-01
One Bedroom $295 $300
Two Bedroom 330 335
B) Post-December 1990 Residents - 75 Residents
One Bedroom $360 $365
Two Bedroom 415 420
.161 The above rents exclude gas and electric utility costs
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The Council does hereby concur in and approve of the recommended
action
CR 122-01 RESOLVED, that having considered the report and
recommendation of the Director of the Housing Commission, dated
February 5, 2001, which bears the signature of the Director of Finance
and is approved for submission by the Mayor, and which indicates that the
Housing Commission has recommended the following rental adjustments
with respect to Newburgh Village
Adjusted Rent
Bedroom Size Current Rent Effective 6-1-01
One Bedroom $445 $450
Two Bedroom 515 520
The above rents exclude gas and electric utility costs
The Council does hereby concur in and approve of the recommended
action
CR 123-01 RESOLVED, that having considered the report and
recommendation of the Superintendent of Public Service and the Director
of Public Works, dated February 7, 2001, which bears the signature of the
Director of Finance and is approved for submission by the Mayor, the
Council does hereby accept the unit price bid of Davey Tree Expert
Company, 8250 Ronda, Canton, Michigan 48187, for completing all work
required in Sections 20 and 21 of the City in connection with the City's
Spring 2001 Municipal Tree Trimming Program for the estimated cost of
$68,265 00, based upon the Public Service Division's estimate of units
involved, and subject to final payment based upon the actual units
completed in accordance with the unit prices accepted herein, said
estimated cost and unit prices having been in fact the lowest bid received
for Sections 20 and 21, FURTHER, the Council does hereby accept the
unit price bid of Branch Tree Service, Inc , 24195 Mound Road, Warren,
Michigan 48091, for completing all work required in Section 19 of the City
in connection with the City's Spring 2001 Municipal Tree Trimming
Program for the estimated cost of $78,525 48, based upon the Public
Service Division's estimate of units involved, and subject to final payment
based upon the actual units completed in accordance with the unit prices
accepted herein, said estimated cost and unit prices having been in fact
the lowest bid received for Section 19, and the Director of Public Works is
hereby authorized to approve minor adjustments in the work as it
becomes necessary; and the Mayor and City Clerk are hereby authorized
to execute contracts for and on behalf of the City of Livonia with the
aforesaid bidders and to do all other things necessary or incidental to the
lbw full performance of this resolution
32830
CR 124-01 RESOLVED, that having considered the report and
recommendation of the Director of Public Works and the Superintendent
of Public Service, dated February 8, 2001, which bears the signature of
the Director of Finance and is approved for submission by the Mayor, the
Council does hereby authorize the purchase of two (2) 2001 Dodge pickup
trucks, Model BR7L62, from Snethkamp's Lansing Dodge, 6131 South
Pennsylvania, Lansing, Michigan 48911, in the amount of $21,380 78
each, for a total cost of$42,761 56, including delivery, (one to be assigned
to the Roads Maintenance Section and one to be assigned to the
Engineering Division), the same to be expended from funds already
budgeted for this purpose in Equipment Maintenance Capital Outlay
Account No 101-446-985-000, FURTHER, the Council does hereby
determine to authorize the said purchase without competitive bidding
inasmuch as the same is based upon the low State of Michigan bid price
(under Contract No 071B1001118), 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 125-01 RESOLVED, that having considered the report and
recommendation of the Director of Public Works and the Superintendent
of Public Service, dated February 8, 2001, which bears the signature of
the Director of Finance and is approved for submission by the Mayor, the
Council does hereby authorize the purchase of one (1) 2001 Dodge stake
truck, Model BR8L63, from Snethkamp's Lansing Dodge, 6131 South
Pennsylvania, Lansing, Michigan 48911, in the amount of $24,015 78,
including delivery, to be assigned to the Roads Maintenance Section, the
same to be expended from funds already budgeted for this purpose in
Equipment Maintenance Capital Outlay Account No 101-446-985-000,
FURTHER, the Council does hereby determine to authorize the said
purchase without competitive bidding inasmuch as the same is based
upon the low State of Michigan bid price (under Contract No
071B1001117), 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 126-01 RESOLVED, that having considered the report and
recommendation of the Director of Public Works and the Superintendent
of Public Service, dated February 12, 2001, which bears the signature of
the Director of Finance and is approved for submission by the Mayor, the
Council does hereby authorize the purchase of two (2) John Deere 6x4
Gators from Commercial Lawnmower, 32098 Plymouth Road, Livonia,
Michigan 48150, in the amount of $6,545 49 each, including power lift kit,
brake lights, tail lights and signals, for a total of $13,090 98, the same to
be expended from funds already budgeted for this purpose in the Public
32831
Service Division Equipment Maintenance Capital Outlay Account No 101-
446-987-000, FURTHER, the Council does hereby determine to authorize
the said purchase without competitive bidding inasmuch as the same is
based upon the low State of Michigan bid price (under Contract No
07160000446), 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 127-01 RESOLVED, that having considered the report and
recommendation of the Director of Public Works and the City Engineer,
dated February 12, 2001, approved for submission by the Mayor, and a
letter from Ross Bremer, Traffic Signal Specialist, Michigan Department of
Transportation, dated January 22, 2001, to which are attached four
proposed agreements between the City of Livonia, the County of Wayne
and MDOT regarding the modernization of traffic signals on Plymouth
Road at Farmington Road, Plymouth Road at Harrison Road, Plymouth
Road at Middlebelt Road, and Plymouth Road at Deering Road, and
having considered the necessity for such traffic signal installations, the
Council does hereby authorize the said traffic installations, FURTHER, the
Mayor and City Clerk are hereby authorized to execute the attached
agreements, for and on behalf of the City of Livonia, and the City Clerk is
hereby requested to forward a certified copy of this resolution to the
Michigan Department of Transportation and the Wayne County Division of
Roads
CR 128-01 WHEREAS, there exists in the City of Livonia, County of
Wayne, State of Michigan (the "City"), the need for certain programs to
alleviate and prevent conditions of unemployment, to assist and retain
local enterprise in order to strengthen and revitalize the City's economy
and to encourage the location and expansion of industrial and commercial
enterprises to provide needed services and facilities to the City and its
residents, and
WHEREAS, a program to accomplish said purposes has been initiated by
The Economic Development Corporation of the City of Livonia (the
"Corporation"), and
WHEREAS, a project (the "Project") has been proposed to the Corporation
by Madonna University, a Michigan not-for-profit corporation and
educational institution (the "University"), and
WHEREAS, the Corporation in conformity with Act No 338, Public Acts of
Michigan, 1974, as amended ("Act 338"), has designated the hereinafter
described project area for such a Project to this Council for its approval
thereof; and
32832
WHEREAS, it is also necessary for this Council to establish project district
area boundaries, and
WHEREAS, it is also necessary for this Council to approve the
appointment of two additional directors to the Board of Directors of the
Corporation pursuant to the provisions of Section 4(2) of Act 338, and
WHEREAS, the Corporation in conformity with Act 338 is in the process of
preparing and will submit a project plan (the "Project Plan") describing the
project to be undertaken on behalf of the University (the "Project"), and
WHEREAS, pursuant to Act 338 and the Internal Revenue Code of 1986,
as amended, it is necessary to hold a public hearing concerning the
Project, the Project Plan and the bonds proposed therein to be issued by
the Corporation (the "Bonds"), prior to taking legislative action relating to
the Project and the Bonds
NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS
1 This Council does hereby certify its approval of the Corporation's
designation of the project area described in Exhibit A hereto
attached
2 This Council does hereby establish as a project district area the
property described in Exhibit B hereto attached
firm
3 This Council does hereby certify its approval of the individuals listed
on Exhibit C as additional Directors of the Corporation to serve in
conformity with the provisions of Section 4(2) of Act 338
4 It is hereby determined that the requirements of Section 20 of
Act 338 have been met and that the formation of a project citizens'
district council is not required
5 The Council shall meet on Monday, April 2, 2001, at 7 00 o'clock
p m , at which time it shall conduct a public hearing on the
Corporation's submission of the Project Plan and the issuance by
the Corporation of the Bonds
6 The City Clerk be and is hereby directed to give notice of such
public hearing by (1) publishing a notice thereof in the Livonia
Observer, a newspaper of general circulation in the City; (2) posting
in at least ten (10) conspicuous and public places in the project
district area, and (3) mailing to the last known owner of each parcel
of real property in the project district area at the last known address
of the owner as shown by the tax assessment records, which
notices shall be published and given at least fourteen (14) full days
prior to the date set for said hearing
32833
7 Said notice shall be in substantially the following form
OFFICIAL NOTICE TO THE CITIZENS OF THE CITY OF LIVONIA
OF PUBLIC HEARING TO CONSIDER APPROVAL OF A PROJECT PLAN
AND THE ISSUANCE OF THE BONDS PROPOSED THEREIN
AS SUBMITTED TO THE LIVONIA CITY COUNCIL BY
THE ECONOMIC DEVELOPMENT CORPORATION OF THE CITY OF LIVONIA
FOR THE MADONNA UNIVERSITY PROJECT
PLEASE TAKE NOTICE that pursuant to Act 338 of the Public Acts of
Michigan of 1974, as amended, The Economic Development Corporation
of the City of Livonia (the "EDC") has submitted a project plan to the City
Council for its approval
Said project plan deals with the refunding of certain outstanding
indebtedness of the EDC issued for the benefit of Madonna University and
the acquisition and construction of certain modifications, improvements
and renovations to the educational facilities at Madonna University, to be
located on a project area or site described as follows
Parcel 1, consisting of an approximately rectangular
parcel at the Northwest corner of Levan Road and
Schoolcraft Service Drive (Jeffries Expressway) with
approximately 1,350 feet fronting on Schoolcraft
Service Drive and 1,850 feet fronting on Levan Road
Parcel 2, consisting of an approximately rectangular
parcel at the Northeast corner of Levan Road and
Schoolcraft Service Drive (Jeffries Expressway) with
approximately 367 feet fronting on Schoolcraft
Service Drive and 300 feet fronting on Levan Road
The street addresses of the facilities are 36200 Schoolcraft Road, 36600
Schoolcraft Road, and 14221 Levan Road, Livonia, Michigan 48150
The Project consists generally of the construction of additions and
expansions to various University buildings, acquisition of lighting, heating,
air conditioning and ventilation, mechanical system, electrical system and
energy management system improvements and roof replacements on or
in various of the University's buildings, parking lot improvements, including
lighting, sidewalk improvements, athletic field removal, replacements and
improvements, telephone, computer, information system and
communications equipment replacement and upgrade, and related work,
32834
and miscellaneous site and building improvements at the University's
facilities
Said project plan details all information required by law relative to said
project and its impact on the community No persons will be displaced
from the project area as a result of this project. Said project plan also
proposes the issuance of revenue and revenue refunding bonds by the
EDC in a maximum principal amount not to exceed $7,000,000 to assist in
the financing of said project and refunding said outstanding indebtedness.
The revenue and revenue refunding bonds proposed to be issued shall
not be a debt of the City and the City shall not be liable for the payment
thereof
The City Council will meet at 7 00 o'clock p m , Monday, the 2nd day of
April, 2001, in the Auditorium at City Hall, 33000 Civic Center Drive,
Livonia, Michigan, and will conduct a public hearing on the advisability of
the Council approving, modifying or rejecting by resolution said project
plan and the issuance of bonds as proposed therein
THIS NOTICE is given pursuant to the requirements of Sections 10 and
17 of Act 338, Public Acts of Michigan, 1974, as amended, and of Section
147(k) of the Internal Revenue Code of 1986, as amended The project
plan and relevant maps or plats are available for inspection at the City
Planning Department.
All interested citizens are encouraged and will be offered an opportunity at
said hearing to address the City Council concerning said project, said
project plan, and the bonds proposed to be issued Written comments
may also be submitted to the City Clerk prior to said hearing
JOAN McCOTTER
City Clerk
32835
8 The City Council does hereby determine that the foregoing form of
notice and the manner of publication directed is adequate notice to
the citizens of the City and is well calculated to inform them of the
intention of the City to hold a public hearing and the purpose of the
public hearing
9 The City Clerk be and is hereby directed to deliver a certified copy
of this resolution to the Secretary of the Board of the Corporation
and to bond counsel
10 All resolutions and parts of resolutions insofar as they conflict with
the provisions of this resolution be and the same hereby are
rescinded
EXHIBIT A
PROJECT AREA
LEGAL DESCRIPTION
LLand in the City of Livonia, County of Wayne, State of Michigan described as
The East 172 00 feet of Outlot A except that part described as beginning at the Southwest
Corner of Tract A, thence along the South line of Tract A North 88 degrees 08 minutes 21
seconds East, 25 06 feet; thence North 70 degrees 09 minutes 29 seconds West 27 04 feet to
the West line of Tract A, thence along said West line South 02 degrees 12 minutes 59
seconds East, 10 00 feet to the point of beginning, and also except that part described as
commencing at a point on the North and South Quarter Line of Section 20, Town 1 South,
Range 9 East, City of Livonia, Wayne County, Michigan that is North 02 degrees 12 minutes
59 seconds West, 101 74 feet from the South 1/4 corner of said Section 20, thence North 87
degrees 47 minutes 01 seconds East, 43 00 feet to the point of beginning, thence North 88
degrees 08 minutes 21 seconds East, 366 66 feet; thence West 01 degrees 51 minutes 39
seconds West, 12 00 feet; thence South 88 degrees 08 minutes 21 seconds West, along a line
114 00 feet Northerly of and parallel to the South line of said Section 356 94 feet thence North
53 degrees 20 minutes 27 seconds West, 12 84 feet; thence South 02 degrees 12 minutes 59
seconds East, 20 00 feet to the point of beginning, Madonna Estate Subdivision, as recorded
in Liber 86, Pages 34 and 35 of Plats, Wayne County Records
.. EXHIBIT B
PROJECT DISTRICT AREA
L
Project District Area is coterminous with Exhibit A
attached hereto
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EXHIBIT C
Project Directors
Bob Alanskas
Planning Commissioner
36218 Barkley
Livonia, MI 48154
Dave Varga, Editor
Livonia Observer
36251 Schoolcraft
Livonia, MI 48150
32837
CR 129-01 WHEREAS, pursuant to the direction of the City Council in
its resolution 505-00, adopted on July 5, 2000, and in accordance with
Section 3 08 100 of the Livonia Code of Ordinances, as amended, the City
Assessor of the City of Livonia has prepared, reported and certified to the
Council under date of February 15, 2001, an assessment roll dated
February 15, 2001, for the proposed street improvement of Lamont Street
from 130 feet north of Joy Road to 200 feet south of Northfield consisting
of widening the pavement by two (2') feet on each side, placing a three
(3") inch asphalt overlay and installing storm sewers (Alternate III
Modified) containing the special assessments to be assessed and levied,
respectively, in the proposed special assessment district heretofore
established for the construction and operation of the proposed
improvement in said district as designated in Council Resolution 505-00,
THEREFORE, BE IT RESOLVED, that the said roll is hereby accepted by
the City Council, that it is hereby ordered to be filed in the office of the City
Clerk for public examination, that the City Clerk be and hereby is directed
to give notice as required by the provisions of Section 3 08 110 of the
Livonia Code of Ordinances, as amended, to wit: that the assessment roll
has been made and filed in the office of the City Clerk for public
examination and that the City Council of the City of Livonia will meet in the
City Hall, 33000 Civic Center Drive, Livonia, Michigan, on Wednesday,
April 11, 2001, at 7 00 p m to review the said special assessment roll at
which time and place opportunity will be given to all interested persons to
be heard,
IT IS FURTHER RESOLVED, that the City Clerk be and hereby is directed
to publish a notice of said public hearing at least once in the official
newspaper of the City of Livonia which is published and circulated
generally in and throughout the said City, at least ten (10) days prior to the
aforesaid date of Wednesday, April 11, 2001, the City Clerk is also
directed to give notice of said hearing by sending written notice thereof by
first class mail to each and every property owner in the proposed
assessment district as their respective names and addresses appear on
the most current assessment roll in the City Assessor's office
A roll call vote was taken on the foregoing resolutions with the following result:
AYES Walsh, Duggan, Laura, Engebretson, Vandersloot and Brosnan
NAYS None
A communication from Joseph Galvin, Miller, Canfield, Paddock and
Stone, attorney for petitioner of CVS Pharmacy, dated February 16, 2001, re his
understanding that the CVS pharmacy appeal will be placed on the Council agenda of
32838
March 19, 2001 rather than March 7, 2001, was received and placed on file for the
information of the Council (CR 24-01) (Petition 00-8-8-11)
On a motion by Duggan, seconded by Walsh, and unanimously adopted, it
was
CR 130-01 RESOLVED, that having considered Petition 01-2-3-1
submitted by Greg Glennon, Prudential Accent Realty, Inc., on behalf of
Thomas and Sherry Louisignau, dated February 8, 2001, wherein a
request is submitted for the vacating of a certain 12' wide easement
running east and west on the south border of property located at 11446
Loveland in the Rosedale Gardens No 9 Subdivision, the Council does
hereby refer this matter to the Planning Commission to conduct a public
hearing, and thereafter submit a report and recommendation for the
consideration of the Council
A communication from the Engineering Division, dated February 27, 2001,
re no City utilities occupying the easement that is requesting to be vacated at 11446
Loveland, was received and placed on file for the information of the Council (Petition
01-2-3-1)
Councilmember Walsh gave first reading to the following Ordinance
AN ORDINANCE AMENDING SECTION 12 03 OF
ARTICLE XII OF ORDINANCE NO 543, AS
AMENDED, KNOWN AND CITED AS "THE CITY OF
LIVONIA ZONING ORDINANCE" (CR 81-01 and
Petition 00-8-6-5)
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
On a motion by Engebretson, seconded by Laura, and unanimously
adopted, it was
CR 131-01 RESOLVED, that the Council does hereby refer the matter of
notification procedures and the posting of signs in conjunction with the installation of
new cellular towers to the Legislative Committee for a report and recommendation
32839
Councilmember Duggan gave first reading to the following Ordinance
AN ORDINANCE AMENDING SECTIONS 19 03 AND
19 05 OF ARTICLE XIX OF ORDINANCE NO 543,
AS AMENDED, KNOWN AND CITED AS "THE CITY
OF LIVONIA ZONING ORDINANCE" (CR 81-01 and
Petition 00-8-6-5)
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 Vandersloot took from the table, for second
reading and adoption, the following Ordinance
AN ORDINANCE AMENDING SECTION 290 OF
CHAPTER 04 (DOGS) OF TITLE 6 OF THE LIVONIA
CODE OF ORDINANCES, AS AMENDED
A roll call vote was taken on the foregoing Ordinance with the following result:
AYES Walsh, Duggan, Laura, Engebretson, Vandersloot and Brosnan
NAYS None
The President declared the foregoing Ordinance duly adopted, and would
become effective on publication
Councilmember Vandersloot took from the table, for second
reading and adoption, the following Ordinance
AN ORDINANCE AMENDING SECTION 210 OF
CHAPTER 06 (CATS) OF TITLE 6 OF THE LIVONIA
CODE OF ORDINANCES, AS AMENDED
A roll call vote was taken on the foregoing Ordinance with the following result:
AYES Walsh, Duggan, Laura, Engebretson, Vandersloot and Brosnan
NAYS None
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The President declared the foregoing Ordinance duly adopted, and would
become effective on publication
A communication from the Law Department, dated January 4,
2001, re - Administrative Response — whether there is a legal or historical basis
for allowing Fat Willy's and Wintergarden Tavern to operate with deficient
parking, was received and placed on file for the information of the Council (CR
882-00 and CR 909-00) (Petitions 00-2-2-5 and 00-6-8-9 submitted by
Wintergarden Tavern, L L.0
A communication from the Inspection Department, dated March 5, 2001,
re number of parking spaces currently on site, number of allowed seats with current
on-site parking and the number of mechanical amusement devices allowed by the
seating calculation based on current on-site parking, was received and placed on file for
the information of the Council (Petitions 00-2-2-5 and 00-6-8-9 by Wintergarden
Tavern, LLC )
A communication from the Inspection Department, dated December 5,
2000, re - Administrative Response — double striping of the parking lot to be done in
spring of 2001, number of seats being 99 and 3 mechanical amusement devices on the
premises, was received and placed on file for the information of the Council (CR 827-
00) (Petitions 00-2-2-5 and 00-6-8-9 submitted by Wintergarden Tavern, L L.0
On a motion by Duggan, seconded by Walsh, and unanimously adopted, it
was
CR 132-01 RESOLVED, that having considered the report and
recommendation of the Director of Public Works and the Superintendent
of Public Service, dated January 29, 2001, which bears the signature of
the Director of Finance and is approved for submission by the Mayor, the
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Council does hereby accept the bid of Wolverine Truck Sales, Inc., 3550
Wyoming, Dearborn, Michigan 48120, for supplying the Public Service
Division (Equipment Maintenance Section) with two (2) 2001 Sterling
single-axle cabs and chassis (complete with installed 5-7 yard dump
bodies and hoists, tailgate salt spreaders, underbody scraper blades, truck
hydraulic systems, and front snowplows) for a total price of $192,648 00,
the same having been in fact the lowest bid received which meets all
specifications, and the bids of Red Holman Pontiac-GMC, Bill Wink
Chevrolet, and Motor City Trucks are hereby rejected for the reasons
indicated in the attachment.
A communication from the Public Service Division, dated March 2, 2001
re clarification relative to a bid for two (2) 2001 Single-Axle Cabs and Chassis (with 5-7
yard dump bodies and attached equipment) and the fact that the correct transmission
was not bid upon by any of the companies, but that Wolverine Truck Sales, Inc was the
only company that would furnish this transmission without increasing their bid, was
received and placed on file for the information of the Council
Councilmember Duggan left the podium at 8 37 p m due to a conflict of interest.
On a motion by Engebretson, seconded by Laura, it was
CR 133-01 RESOLVED, that having considered a communication from
the City Planning Commission, dated February 5, 2001, which transmits
its resolution 01-16-2001, adopted on January 30, 2001, with regard to the
proposed preliminary plat of Kenwood Meadows Subdivision No 2 to be
located south of Five Mile Road between Cavell and Santa Anita Avenues
in the Northeast 1/4 of Section 24, City of Livonia, Wayne County,
Michigan, and the preliminary plat (as revised on January 24, 2001)
having been approved by the City Planning Commission on January 30,
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, FURTHER, the Council does hereby waive the open space
requirement of the Subdivision Rules and Regulations
A roll call vote was taken on the foregoing resolution with the following result.
AYES Walsh, Laura, Engebretson and Brosnan
32842
NAYS Vandersloot
The President declared the resolution duly adopted
Councilmember Duggan returned to the podium at 8 38 p m
On a motion by Duggan, seconded by Walsh, and unanimously adopted, it
was
CR 134-01 RESOLVED, that having considered a communication from
the City Planning Commission, dated February 5, 2001, which transmits
its resolution 01-12-2001, adopted on January 30, 2001, with regard to
Petition 00-12-2-36, submitted by Filippo Mainella (Luigi's Pizza & Subs)
requesting waiver use approval to increase the seating capacity in an
existing restaurant located on the north side of Plymouth Road between
Merriman and Hubbard Roads in the Southeast 1/4 of Section 27, which
property is zoned C-2, the Council does hereby concur in the
recommendation made by the City Planning Commission and Petition 00-
12-2-36 is hereby approved and granted, subject to the following
conditions
1 That the Site Plan submitted by Luigi's Pizza & Subs with a revision
date of January 26, 2001, is hereby approved and shall be adhered
to,
2 That the maximum number of customer seats to be provided shall
be 78 seats,
3 That the three walls of the dumpster enclosure shall be constructed
of poured concrete with simulated brick pattern, and the enclosure
gates shall be maintained and, when not in use, closed at all times,
4 That any new pole-mounted site lighting fixtures shall be shielded
and shall not exceed 20 feet in height; and
5 That the Site Plan referenced in this approving resolution shall be
submitted to the Inspection Department at the time the building
permits are applied for
A communication from the Planning Department, dated February 28,
2001, re history of past petition action involving property at 31530 Plymouth Road,
(Luigi's Pizza & Subs) which is currently seeking waiver use approval to increase their
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seating capacity, was received and placed on file for the information of the Council
(Petition 00-12-2-36)
A revised Site Plan, submitted by Basney & Smith, dated February 16,
2001, received in the Office of the City Clerk on March 5, 2001, was received and
placed on file for the information of the Council (Petition 01-1-8-3)
On a motion by Duggan, seconded by Laura, it was
RESOLVED, that having considered a communication from
the City Planning Commission, dated February 5, 2001, which transmits
its resolution 01-17-2001 adopted on January 30, 2001, with regard to
Petition 01-1-8-3 submitted by Brent and Sue Goings, on behalf of Ritter's
Frozen Custard, requesting site plan approval in connection with a
proposal to construct an ice cream parlor on property located on the south
side of Eight Mile Road between Merriman Road and Milburn Avenue at
31195 Eight Mile Road in the Northwest 1/4 of Section 2, 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 01-1-8-3 is hereby approved and granted,
subject to the following conditions
1 That the Site and Landscape Plan marked Sheet 1, dated January
25, 2001, as revised, prepared by Basney & Smith, Inc., is hereby
approved and shall be adhered to,
2 That all disturbed lawn areas shall be sodded in lieu of
hydroseeding,
3 That underground sprinklers are to be provided for all new
landscaped and sodded areas, and all planted materials shall be
installed to the satisfaction of the Inspection Department and
thereafter permanently maintained in a healthy condition,
4 That the Exterior Building Elevation Plans marked A-2 and A-3,
both dated December 27, 2000, prepared by Architectural
Concepts, Inc , is hereby approved and shall be adhered to, except
as modified below;
5 That all new parking lot light standards shall be shielded from the
adjacent properties and shall match the existing standards on the
site in type and height,
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6 That the petitioner shall correct to the satisfaction of the Inspection
Department the following site deficiencies as outlined in the
correspondence dated January 15, 2001
That the enclosed dumpster area shall have entrance
gates, and these gates shall be maintained and, when not
in use, closed at all times,
That proper and adequate sanitary and water facilities for
the public shall be provided,
- That the entire parking lot shall be double striped,
That all handicap areas shall be identified and comply with
the Michigan Barrier Free Code,
7 That the conforming Sign Package submitted by Ritter's Frozen
Custard, as received by the Planning Commission on January 3,
2001, is hereby approved and shall be adhered to,
8 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;
9 That the lights will be turned off one-half hour after closing, and
10 That full-face four (4") inch brick shall be used in place of painted
split-face concrete block.
On a motion by Vandersloot, seconded by Walsh, it was
RESOLVED, that the City Council does hereby determine to
substitute a resolution to approve Petition 00-1-8-3 as recommended by
the Planning Commission in its resolution #01-17-2001, adopted on
January 30, 2001, as revised with a Site Plan dated February 16, 2001, in
lieu of the foregoing resolution
A roll call vote was taken on the motion to substitute as follows
AYES Walsh, Engebretson, Vandersloot and Brosnan
NAYS Duggan and Laura
The President declared the motion to substitute adopted
it
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A roll call vote was then taken on a revised proposed resolution by
Vandersloot, seconded by Walsh, as follows
CR 135-01 RESOLVED, that having considered a communication from
the City Planning Commission, dated February 5, 2001, which transmits
its resolution 01-17-2001 adopted on January 30, 2001, with regard to
Petition 01-1-8-3 submitted by Brent and Sue Goings, on behalf of Ritter's
Frozen Custard, requesting site plan approval in connection with a
proposal to construct an ice cream parlor on property located on the south
side of Eight Mile Road between Merriman Road and Milburn Avenue at
31195 Eight Mile Road in the Northwest 1/4 of Section 2, 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 01-1-8-3 is hereby approved and granted, as
revised, subject to the following conditions
1 That the Site and Landscape Plan marked Sheet 1, with a revision
date of February 16, 2001, prepared by Basney & Smith, Inc , is
hereby approved and shall be adhered to,
2 That all disturbed lawn areas shall be sodded in lieu of
hydroseeding,
3 That underground sprinklers are to be provided for all new
landscaped and sodded areas, and all planted materials shall be
installed to the satisfaction of the Inspection Department and
thereafter permanently maintained in a healthy condition,
4 That the Exterior Building Elevation Plans marked A-2 and A-3,
both dated December 27, 2000, prepared by Architectural
Concepts, Inc , is hereby approved and shall be adhered to,
5 That all new parking lot light standards shall be shielded from the
adjacent properties and shall match the existing standards on the
site in type and height;
6 That the petitioner shall correct to the satisfaction of the Inspection
Department the following site deficiencies as outlined in the
correspondence dated January 15, 2001
That the enclosed dumpster area shall have entrance
gates, and these gates shall be maintained and, when not
in use, closed at all times,
That proper and adequate sanitary and water facilities for
the public shall be provided,
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That the entire parking lot shall be double striped,
That all handicap areas shall be identified and comply with
the Michigan Barrier Free Code,
7 That the conforming Sign Package submitted by Ritter's Frozen
Custard, as received by the Planning Commission on January 3,
2001, is hereby approved and shall be adhered to,
8 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
9 That the lights will be turned off one-half hour after closing
AYES Walsh, Laura, Engebretson, Vandersloot and Brosnan
NAYS Duggan
The President declared the resolution duly adopted
The petitioner was present at the meeting and stated that his preference for the
building veneer was the split-face block instead of the full-face four (4") inch brick.
On a motion by Engebretson, seconded by Duggan, and unanimously
adopted, it was
CR 136-01 RESOLVED, that having considered a communication from
the Superintendent of Parks and Recreation, dated February 14, 2001,
which bears the signature of the Director of Finance and is approved for
submission by the Mayor, the Council does, for and on behalf of the City
of Livonia, accept various gifts and cash donations from the sources
indicated therein for use by the Parks and Recreation Department as
indicated in the aforesaid communication
On a motion by Walsh, seconded by Duggan, and unanimously adopted, it
was
CR 137-01 Resolved, that having considered a communication from the
Department of Law, dated February 14, 2001, approved for submission by
the Mayor, which submits a quit claim deed for City-owned property
located on Seven Mile Road west of Parkville for right-of-way purposes in
connection with the Seven Mile Road Improvement Project between
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Middlebelt and Inkster Roads in the Southwest 1/4 of Section 1, the legal
description of which is as follows
The Southerly most 27 feet of that portion of the
Southwest 1/4 of Section 1, Town 1 South, Range 9
East, City of Livonia, Wayne County, Michigan, being
more particularly described as starting at the Southwest
1/4 corner and proceeding North 87°30'20" East 381 07
feet and North 02°20'55" West 33 00 feet to a point of
beginning, thence proceeding North 02°20'55" West
375 00 feet; thence proceeding South 87°38'48" West
100 00 feet; thence North 02°20'55" West 252 68 feet;
thence North 87°38'48" East 424.20 feet; thence South
02°16'45" East 626 76 feet; thence South 87°30'20"
West 324.20 feet to the point of beginning
(Part of Tax ID No 46-003-01-0415-004)
the Council does hereby authorize the Mayor and City Clerk for and on
behalf of the City of Livonia to execute a quit claim deed to the County of
Wayne 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
On a motion by Duggan, seconded by Engebretson, and unanimously
adopted, it was
CR 138-01 RESOLVED, that the Council does hereby suspend their
rules for procedure as outlined in Council Resolution 574-82 so as to
permit consideration of items that do not appear on the agenda
Councilmember Duggan left the podium at 9 00 p m due to a conflict of interest.
On a motion by Laura, seconded by Engebretson, and unanimously
adopted, it was
CR 139-01 RESOLVED, that having considered a communication from
the City Planning Commission, dated December 14, 2000, which sets forth
its resolution 12-207-2000 adopted on December 12, 2000, with regard to
Petition 00-10-1-20, submitted by Leo Soave for a change of zoning of
property located on the south side of Eight Mile Road between Ellen Drive
and Gill Road, in the Northwest 1/4 of Section 4, from RUFB to R-4, and
the Council having conducted a public hearing with regard to this matter
on Monday, March 5, 2001 , pursuant to Council Resolution 13-01, the
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Council does hereby approve Petition 00-10-1-20 for preparation of the
ordinance for submission to Council, and the City Planner is hereby
instructed to cause the necessary map for publication to be prepared
indicating the zoning change herein approved and to furnish the same to
the Department of Law and, upon receipt of such map, the Department of
Law is requested to prepare an ordinance amending Ordinance 543, as
amended, in accordance with this resolution
On a motion by Laura, seconded by Vandersloot, and unanimously
adopted, it was
CR 140-01 RESOLVED, that the Council does hereby refer the subject
of the status of water pressure problems in the Deer Creek Subdivision to
the Public Utility Manager for a report and recommendation
Councilmember Duggan returned to the podium at 9 02 p m
On a motion by Engebretson, seconded by Laura, and unanimously
adopted, it was
CR 141-01 WHEREAS, the City Clerk has received an Application for
Industrial Facilities Exemption Certificate from Roush Industries, Inc.,
dated January 11, 2001, covering new industrial facilities to be located
within City of Livonia Industrial Development District 82,
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, April 9, 2001, at 7 00 p m at the
Livonia City Hall, 33000 Civic Center Drive, Livonia, Michigan
3 The Council hereby sets Monday, April 9, 2001, at 7 00 p m at the
Livonia City Hall, 33000 Civic Center Drive, Livonia, Michigan, as
the date, time and place for conducting a hearing on said
Application
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During the audience communication portion of the agenda, Nancy Heath,
19114 Westmore, Livonia, 48152, wanted to speak to Items #10 and #12 that were on
the Consent Agenda and she was informed that this was not the procedure to be
followed regarding those past items, but that she could stay after the meeting and
discuss her concerns with members of the Council
City Engineer Bob Schron reminded residents that a meeting regarding the City's
Pavement Management System is being held on Thursday, March 8, 2001, at 7 00
p m in City Hall auditorium, and welcomed their participation at this meeting
On a motion by Engebretson, seconded by Walsh, and unanimously
adopted, this 1,436' Regular Meeting of the Council of the City of Livonia was
adjourned at 9 10 p m , March 7, 2001
Jo McCotter, City Clerk '2-<41e;
4