HomeMy WebLinkAboutCOUNCIL MINUTES 2000-04-05 32192
MINUTES OF THE ONE THOUSAND FOUR HUNDRED FOURTEENTH
REGULAR MEETING OF APRIL 5, 2000
On April 5, 2000, 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 J Walsh, John R. Pastor,
Brian Duggan, Joe Laura, Jack Engebretson, Val I Vandersloot, and Maureen Miller
Brosnan
Elected and appointed officials present. Jack E Kirksey, Mayor; Robert
Schron, City Engineer; Mark Taormina, City Planner; Sean Kavanagh, City Attorney;
Joan McCotter, City Clerk, Karen Szymula, Director of Legislative Affairs, Ron Reinke,
Superintendent of Parks & Recreation, Kevin Roney, Public Utility Manager; and Lt.
Richard Cramb, Data Processing, Department of Public Safety - Police
On a motion by Duggan seconded by Vandersloot, and unanimously
adopted, with Pastor voting present, it was
#227-00 RESOLVED, that the minutes of the 1 ,413th Regular Meeting
of the Council held March 22, 2000 are hereby approved as submitted
Mayor Kirksey presented City Clerk Joan McCotter with her 20 year pin,
congratulated her on her anniversary and thanked her for her many years of service to
the City of Livonia
City Clerk McCotter spoke regarding her career with the City of Livonia,
the privilege she felt in serving the community, and introduced her sister, Rosemary
Farabaugh, her son, Dennis and her daughter-in-law, Shelly to the audience
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On a motion by Duggan, seconded by Engebretson, and unanimously
adopted, it was
#228-00 RESOLVED, that the Council does hereby request the Cable
Division of the Community Resources Department to submit information
about the frequency of channel changes on the cable programming line-up
and also about the availability of internet services through Time Warner
A communication from the Department of Finance, dated March 9, 2000,
re forwarding various financial statements of the City of Livonia for the month ending
December 31, 1999 was received and placed on file for the information of the Council
A communication from the Department of Finance, dated March 16, 2000,
re forwarding various financial statements of the City of Livonia for the month ending
January 31, 2000 was received and placed on file for the information of the Council
At the direction of the Chair, Item #15 was removed from the Consent
portion of the Agenda
At the direction of the Chair, Item # 17 was removed from the Agenda.
On a motion by Duggan, seconded by Vandersloot, and unanimously
adopted, it was
#229-00 WHEREAS, in 1872, J Sterling Morton proposed to the
Nebraska Board of Agriculture that a special day be set aside for the
planting of trees, and
WHEREAS, this holiday, called Arbor Day, was first observed with the
planting of more than a million trees in Nebraska, and Arbor Day is now
observed throughout the nation and the world, and
WHEREAS, trees reduce the erosion of our precious topsoil by wind and
water, cut heating and cooling costs, moderate the temperature, clean the
air, produce oxygen and provide habitat for wildlife, and
WHEREAS, trees are a renewable resource giving us paper, wood for our
homes, fuel for our fires, and countless other wood products, and
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WHEREAS, trees in our city increase property values, enhance the
economic vitality of business areas, and beautify our community; and
WHEREAS, trees, wherever they are planted, are a source of joy and
spiritual renewal, and
WHEREAS, Livonia has been recognized as a Tree City USA by the
National Arbor Day Foundation and desires to continue its tree-planting
practices,
NOW, THEREFORE, LET IT BE RESOLVED, that the Mayor and
members of the City Council of the City of Livonia hereby proclaim April
28, 2000, as Arbor Day in the City of Livonia, and urge all citizens to
celebrate Arbor Day and to support efforts to protect our trees and
woodlands, and
FURTHER, we urge all citizens to plant trees to promote the well being of
this and future generations, and we invite citizens to join in the
commemoration of Arbor Day planned by the Tree City Committee at
Country Homes Park adjacent to Garfield Elementary School at 2 30 p m
on May 5, 2000
BE IT FURTHER RESOLVED, that copies of this resolution be sent to
Governor John Engler, State Senator Thaddeus McCotter, State
Representative Laura M Toy, State Representative Gerald Law, the
Michigan Municipal League State and Federal Affairs Division, the
Conference of Western Wayne and the Plymouth Road Development
Authority
A communication from the Office of the Mayor, dated March 16, 2000, to
which is attached a report from the Inspection Department, dated March 29, 2000, re
Administrative Response — an update on the Walmart Store site located at 13507
Middlebelt Road and its compliance to all conditions set forth in Council Resolutions
1001-97 and 181-98, was received and placed on file for the information of the Council
(CR 189-00)
#230-00 RESOLVED, that having considered the report and
recommendation of the Housing Director, dated February 29, 2000, which
bears the signature of the Director of Finance and is approved for
submission by the Mayor, to which is attached a proposed
Community/Financial Institution Participation Agreement between the City
of Livonia - Housing Commission and the Michigan State Housing
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Development Authority (MSHDA) to continue the Housing Commission's
participation in the MSDHA Property Improvement Program (PIP) with a
new lending institution (Michigan National Bank), the Council does hereby
approve this Agreement in the manner and form herein submitted, and the
Mayor, City Clerk and Housing Director are hereby authorized to execute
this agreement, for and on behalf of the City of Livonia, and to do all things
necessary or incidental to the full performance of this resolution
#231-00 RESOLVED, that having considered the report and
recommendation of the Director of Community Resources, dated March 7,
2000, which bears the signature of the Director of Finance, is approved as
to form by the City Attorney and approved for submission by the Mayor,
requesting authorization for the expenditure of additional funds to utilize the
current consultants previously retained, pursuant to Council Resolution 528-
97, for assisting the City in negotiations for a cable television franchise
renewal with Time Warner and to broaden the scope of the services
provided to include assistance with the proposed transfer of control from
Time Warner, Inc to AOL Time Warner, Inc., the Council does hereby
authorize the expenditure of a sum not to exceed $25,000 00 for consulting
services provided by the law firm of Varnum, Riddering, Schmidt and
Howlett, LLP, Bridgewater Place, P 0 Box 352, Grand Rapids, Michigan
49501-0352, from funds already budgeted for this purpose in Account No
297-751-818-005
#232-00 RESOLVED, that having considered the report and
recommendation of the Superintendent of Parks and Recreation, dated
March 13, 2000, 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 six (6) 22' high decorative lampposts and
lamps from Wyandotte Electric Supply Co , 961 Ford Avenue, Wyandotte,
Michigan 48192, in the amount of $22,080 00, FURTHER, the Council
does hereby accept the proposal submitted by Jacobs Electrical
Construction, Inc , 1813 Austin, P 0 Box 395, Troy, Michigan 48099, for
completing all work required in connection with the removal of existing
lightpoles and the installation of the new decorative lampposts at Mies
Park for the sum of $16,100 00, FURTHER, the Council does hereby
authorize the expenditure of a sum not to exceed $38,180 00 from funds
already budgeted in Account No 401-000-974-010 for this purpose, and
the Superintendent of Parks and Recreation 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 Jacobs Electrical Construction,
Inc and to do all other things necessary or incidental to the full
performance of this resolution, FURTHER, the Council does hereby
authorize the purchase and installation of such lampposts without
competitive bidding for the reasons indicated in the aforesaid
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communication, and such action is taken in accordance Section 3 04 140
D 4 of the Livonia Code of Ordinances, as amended
#233-00 RESOLVED, that having considered the report and
r, recommendation of the Superintendent of Parks and Recreation, dated
March 15, 2000, which bears the signature of the Director of Finance and
is approved for submission by the Mayor, the Council does hereby
approve the request to place vending machines supplied by Metro
Vending, 16545 Eastland, Roseville, Michigan 48066, at Ford Field in lieu
of awarding or renewing a contract for the operation of a concession
stand at such location with the understanding that the City of Livonia will
receive 10% of the net proceeds from such vending machines
A communication from the Department of Parks and Recreation, dated
March 30, 2000, re additional information on adding vending machines at Ford Field,
was received and placed on file
#234-00 RESOLVED, that having considered the report and
recommendation of the Director of Public Works and the City Engineer,
dated March 2, 2000, which bears the signature of the Director of Finance,
is approved by the Superintendent of Parks and Recreation and is
approved for submission by the Mayor, the Council does hereby accept
the unit price bid of S & J Asphalt Paving Company, 39571 Michigan
Avenue, Canton, Michigan 48188, for completing all work required in
connection with the 2000 Tennis Court Reconstruction Project (Contract
00-G) for the estimated total cost of $30,151 25 based upon the
Engineering Division's estimate of units involved, and subject to a final
payment based upon the actual units completed in accordance with the
unit prices accepted herein, said estimated cost and unit prices having
been in fact the lowest bid received for this item, FURTHER, the Council
does hereby authorize the expenditure of a sum not to exceed $30,151.25
from Account No 101-707-974-000 (Capital Outlay) 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 to execute a contract, for and on behalf of the
City of Livonia, with the aforesaid bidder and to do all other things
necessary or incidental to the full performance of this resolution
#235-00 RESOLVED, that having considered the report and
recommendation of the Superintendent of Public Service and the Director
of Public Works, dated March 6, 2000, 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) 2000 Dodge
compact pickup truck, Model AN1L61, from Snethkamp's Lansing Dodge,
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6131 South Pennsylvania, Lansing, Michigan 48911, in the amount of
$11,933 47, including delivery, to be assigned to the Public Service
Division (Building 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 071B0000146), 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 04 140 D 4
of the Livonia Code of Ordinances, as amended
#236-00 RESOLVED, that having considered the report and
recommendation of the Superintendent of Public Service and the Director
of Public Works, dated March 13, 2000, 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 the following vehicles
from Snethkamp's Lansing Dodge, 6131 South Pennsylvania Avenue,
Lansing, Michigan 48911
1 One (1) 2000 Dodge Pickup Truck 4x4, Model BR7L62, in the amount
of $20,796 37, including delivery, to be assigned to the Public Service
Division (Road 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, and
2 Two (2) 2000 Dodge Pickup Trucks 2x2, Model BR2L62, in the amount
of $18,596 37 each, including delivery, for a total cost of$37,192 74, to
be assigned to the Public Service Division (Water and Sewer
Maintenance Section), the same to be expended from funds already
budgeted for this purpose in Water and Sewer Maintenance Account
No 592-559-142-000,
FURTHER, the Council does hereby determine to authorize the said
purchases without competitive bidding inasmuch as the same is based
upon the low State of Michigan bid price (under Contract No
07160000146), 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 04 140 D 4 of the Livonia Code of
Ordinances, as amended
#237-00 RESOLVED, that having considered the report and
recommendation of the Superintendent of Public Service and the Director
of Public Works, dated March 13, 2000, 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) 2000 Dodge Stake
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Trucks 4x4, Model BR8L63, from Snethkamp's Lansing Dodge, 6131
South Pennsylvania, Lansing, Michigan 48911, in the amount of
$24,257 47 each, including delivery, for a total cost of $48,514 94, to be
assigned to the Public Service Division (Road 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
07160000146), 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 04 140 D 4 of the Livonia Code of
Ordinances, as amended
#238-00 RESOLVED, that having considered the report and
recommendation of the Superintendent of Public Service and the Director
of Public Works, dated March 6, 2000, 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 the following vehicles from
Snethkamp's Lansing Dodge, 6131 South Pennsylvania Avenue, Lansing,
Michigan 48911
1 One (1) 2000 Dodge Van, Model AB2L12, in the amount of
$15,833 28, including delivery, to be assigned to the Public
Service Division (Building 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, and
2 Two (2) 2000 Dodge Vans, Model AB2L12, in the amount of
$16,083 28 each, including delivery, for a total cost of
$32,166 56, to be assigned to the Public Service Division (Water
and Sewer Maintenance Section), the same to be expended from
funds already budgeted for this purpose in Water and Sewer
Maintenance Account No 592-559-142-000,
FURTHER, the Council does hereby determine to authorize the said
purchases without competitive bidding inasmuch as the same is based
upon the low State of Michigan bid price (under Contract No
07160000146), 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 04 140 D 4 of the Livonia Code of
Ordinances, as amended
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#239-00 RESOLVED, that having considered the report and
recommendation of the Department of Law, dated March 9, 2000,
approved for submission by the Mayor, submitted pursuant to Council
Resolution 690-99, regarding a request from Imad M George, M D ,
28000 Joy Road, Livonia, Michigan 48150, to purchase certain City-owned
property located at 28024 Joy Road, the Council does hereby determine
to take no further action on this request for the reasons indicated in the
aforementioned report and recommendation
#240-00 RESOLVED, that having considered the report and
recommendation of the Department of Law, dated March 9, 2000,
approved for submission by the Mayor, submitted pursuant to Council
Resolution 690-99, regarding a request from Imad M George, M D ,
28000 Joy Road, Livonia, Michigan 48150, to purchase certain City-owned
property located at 28024 Joy Road, the Council does hereby request, in
accordance with Council Resolution 300-88, that the Director of Finance
prepare specifications and obtain competitive bids for the sale of the
property and all competitive bids shall be submitted thereafter to the
Council for consideration
A communication from Ray Tent, 18051 Deering, Livonia, MI 48150,
dated March 9, 2000, re request to transfer the name of John Stymelski, a local war
hero, to another park within the city, was received and placed on file for the information
of the Council (Petition 00-1-7-1)
#241-00 RESOLVED, that having considered a communication from
the City Planning Commission, dated March 1, 2000, to which is attached
a copy of its Resolution 2-43-2000, adopted on February 29, 2000, in
connection with Petition 00-1-7-1, wherein the Commission did amend
Part V of the Master Plan of the City of Livonia, the Master School and
Park Plan, so as to delete the park land designated as John Stymelski
Veteran's Park located west of Stark Road and north of Schoolcraft Road
in the Southeast 1/4 of Section 21, and to amend Part VII, the Future Land
Use Plan, so as to change the designation of the subject property from
Recreation/Open Space to Community Service, the Council does hereby
certify and acknowledge receipt of same, and the City Clerk is hereby
requested to have the same recorded in the Office of the Register of
Deeds and to do all other things necessary or incidental to fulfill the
purpose of this resolution
#242-00 RESOLVED, that having considered a communication from
the City Planning Commission, dated March 14, 2000, which transmits its
resolution 2-40-2000, adopted on February 29, 2000, with regard to
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Petition 00-1-2-3, submitted by James K Wegerly, on behalf of Pugh
Shows, Inc , requesting waiver use approval to conduct a carnival
sponsored by the Livonia Rotary Club consisting of amusement rides,
games and food concessions from April 20 to April 30, 2000, inclusively,
on the north side of Seven Mile Road, between Middlebelt Road and
Purlingbrook Road in the Southeast 114 of Section 2, which property is
zoned C-2, the Council does hereby concur in the recommendation made
by the City Planning Commission and Petition 00-1-2-3 is hereby
approved and granted, subject to the following conditions
1 That the carnival shall be limited to the dates as specified by Pugh
Shows, Inc , which are April 20, 2000 through April 30, 2000,
inclusive,
2 The proposed carnival operation shall be confined to the area as
illustrated on the site plan submitted with this request;
3 That all rides, food concessions, booths and all other equipment
and apparatus relating to the operation of the carnival shall be
located at least 60 feet distant from the Seven Mile Road right-of-
way line,
4 That all trucks and other transportation equipment shall be parked
or stored within the northwesterly portion of the Livonia Mall parking
lot, but no closer than 100 feet from the west property line abutting
the Ziegler Place site or 250 feet from the south property line
abutting Hunters Brook Condominiums,
5 That there shall be no motors running on the stored trucks during
late hours, especially between 11 00 p m to 7 00 a m , including
motors on any refrigeration trucks,
6 That there shall be no living quarters at the location of the stored
trucks,
7 That the hours of operation of the carnival shall be as stated in a
letter dated January 25, 2000, from James K Wegerly, President of
Pugh Shows, Inc , which have been approved by the Police
Department, and
8 That access to fire hydrants shall be provided for the Fire
Department.
#243-00 WHEREAS, the City of Livonia has received a request from
Delta Research, received in the Office of the City Clerk on March 27,
32201
2000, proposing the establishment of an Industrial Development District;
and
WHEREAS, pursuant to Act 198 of the Public Acts of 1974, as amended,
this Council has authority to establish Industrial Development Districts
within the boundaries of the City of Livonia, and
WHEREAS, there is located within the boundaries of the City of Livonia an
area of approximately 2 15 acres lying in the Southwest 1/4 of Section 27
as more particularly described in the attachment to the application which is
hereby incorporated by reference and which is hereinafter referred to as
"Proposed City of Livonia Industrial Development District No 80,"
NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF LIVONIA, as
follows
1 The City Clerk is directed to give written notice by certified mail of
this action to all owners of real property within the boundaries of
Proposed City of Livonia Industrial Development District No 80
2 This City Council sets Wednesday, May 10, 2000, at 7 00 p m as
the date for the holding of a public hearing on the question of
whether this City Council should establish the Industrial
Development District described above
3 This City Council directs the City Clerk to provide notice, as
required by law, of the public hearing fixed above, so that all
residents or taxpayers of the City of Livonia shall be afforded an
opportunity to be heard on the question of establishing the
Industrial Development District described above
A roll call vote was taken on the foregoing resolutions with the following result:
AYES Walsh, Pastor, Duggan Laura, Engebretson, Vandersloot, and
Brosnan
NAYS None
Literature submitted by Council President Maureen Miller Brosnan that
describes the "Gateway Park" and "Glen Oaks Village" townhouse developments were
received and placed on file for the information of the Council
A communication from the Planning Commission, dated April 5, 2000, re
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"no valid protest" on the request to rezone property located at the southeast corner of
Farmington and Six Mile Roads, submitted by Ward Presbyterian Church, was received
and placed on file for the information of the Council (Petition 99-10-1-18)
A petition from residents and owners of property abutting to and within 100
feet from the boundary of the former Ward Presbyterian Church site, dated April 5,
2000, re their withdrawal of protest from a previous petition dated March, 2000, to the
rezoning of the subject property, was received and placed on file for the information of
the Council (Petition 99-10-1-18)
A communication from Robert M Geis, 19609 Auburndale, Livonia, MI
48152, dated March 28, 2000, re his opposition to the rezoning of property located on
the southeast corner of Six Mile and Farmington Roads, submitted by Ward
Presbyterian Church, was received and placed on file for the information of the Council
(Petition 99-10-1-18)
A communication from the Department of Law, dated April 4, 2000, re
a proposed alternate amendment to Zoning Ordinance Petition 99-10-1-18 — Ward
Presbyterian Church, Agenda Item 16a of the Regular Meeting of April 5, 2000, was
received and placed on file for the information of the Council
On a motion by Duggan, seconded by Laura, and unanimously adopted, it
was
#244-00 RESOLVED, that having considered the report and
recommendation of the Committee of the Whole, dated March 13, 2000,
submitted pursuant to Council Resolution 71-00, with regard to the Ward
Evangelical Presbyterian Church property located on the Southeast corner
of the intersection of Six Mile and Farmington Roads, between Bloomfield
32203
Drive and Six Mile Road, in the Northwest 1/4 of Section 15, the Council
does hereby determine to take no further action on the proposed change
of zoning from the RUF Classification to C-1 and R-81I, which was given
First Reading at the regular Council meeting of February 23, 2000
Glenn Moon, 34461 Wood Drive, Livonia, MI 48154 spoke to the Council
in opposition to the proposed rezoning of property located on the Southeast corner of
Six Mile and Farmington Roads, submitted by Ward Presbyterian Church (Petition 99-
10-1-18)
Councilmember Duggan gave first reading to the following Ordinance
AN ORDINANCE AMENDING SECTION 15 OF THE
ZONING MAP OF THE CITY OF LIVONIA AND
AMENDING ARTICLE III OF ORDINANCE NO 543,
AS AMENDED, KNOWN AND CITED AS "THE CITY
OF LIVONIA ZONING ORDINANCE" BY ADDING
SECTION 3 THERETO (PETITION 99-10-1-18)
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 Duggan 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 Laura
The President declared the foregoing Ordinance duly adopted, and would
become effective on publication
On a motion by Duggan seconded by Laura, and unanimously
adopted, it was
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#245-00 RESOLVED, that having considered the report and
recommendation of the Committee of the Whole, dated March 13, 2000,
submitted pursuant to Council Resolution 773-99, and the report and
recommendation of the City Planning Commission, dated October 12,
1999, which transmits its resolution 10-174-99 adopted on October 5,
1999, regarding the issue of signs on multiple stories of commercial
buildings, the Council does hereby determine to take no further action on
this matter
Councilmember Duggan left the podium at 8 27 p m , due to a conflict of interest.
Councilmember Engebretson gave first reading to the following
Ordinance
AN ORDINANCE AMENDING SECTION 33 OF THE
ZONING MAP OF THE CITY OF LIVONA AND
AMENDING ARTICLE III OR ORDINANCE NO 543,
AS AMENDED, KNOWN AND CITED AS "THE CITY
OF LIVONIA ZONING ORDINANCE" BY ADDING
SECTION 3 THERETO (PETITION 99-10-1-17)
The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in the
Office of the City Clerk and is the same as if word for word repeated herein The above
Ordinance was placed on the table for consideration at the next regular meeting.
Councilmember Duggan returned to the podium at 8 28 p m
Councilmember Walsh gave first reading to the following Ordinance
AN ORDINANCE AMENDING SECTION 145 OF TITLE 10,
CHAPTER 66 (VEHICLE EQUIPMENT) OF THE LIVONIA
CODE OF ORDINANCES, AS AMENDED
The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in the
Office of the City Clerk and is the same as if word for word repeated herein The above
Ordinance was placed on the table for consideration at the next regular meeting
Councilmember Duggan took from the table, for second reading
and adoption, the following Ordinance
AN ORDINANCE AMENDING SUBSECTION (6) OF
SECTION 2 03 OF ARTICLE II OF ORDINANCE NO
tow
32205
543, AS AMENDED, KNOWN AND CITED AS "THE
CITY OF LIVONIA ZONING ORDINANCE" (Petition
99-9-6-4) (CR 154-00)
A roll call vote was taken on the foregoing Ordinance with the following result:
AYES Walsh, Pastor, Duggan, Laura, Engebretson, Vandersloot and
Brosnan
NAYS None
The President declared the foregoing Ordinance duly adopted, and would become
effective on publication
A communication from Jim Moran, General Manager of Westborn Market,
14925 Middlebelt, Livonia, MI 48154, dated April 3, 2000 re postponing their request
to hang decorative flags on light poles in their parking lot until the next regular Council
meeting, was received and placed on file for the information of the Council
On a motion by Laura, seconded by Engebretson, it was
RESOLVED, that having considered a letter from Sarkis M
Anusbigian, Westborn Market, dated March 6, 2000, requesting permission to
hang fourteen (14) 2'6" x 6' decorative flags on various light poles located in the
parking lot at 14925 Middlebelt Road, and which flags would be placed in such
location until September 30, 2000, the Council does hereby approve and grant this
request in the manner and form herein submitted
Councilmember Engebretson withdrew his support. Upon consideration
of the April 3, 2000 letter from Westborn Market, the subject matter was moved to the
next regular Council meeting
A communication from the Planning Commission dated March 30, 2000
re the proposed lot split of Mr Layford Wilson, 20250 Fremont, was received and
placed on file for the information of the Council
On a motion by Pastor, seconded by Vandersloot, it was
#246-00 RESOLVED, that having considered a communication from
the City Assessor, dated March 9, 2000, approved for submission by the
32205
543, AS AMENDED, KNOWN AND CITED AS "THE
CITY OF LIVONIA ZONING ORDINANCE" (Petition
99-9-6-4) (CR 154-00)
A roll call vote was taken on the foregoing Ordinance with the following result:
AYES Walsh, Pastor, Duggan, Laura, Engebretson, Vandersloot and
Brosnan
NAYS None
The President declared the foregoing Ordinance duly adopted, and would become
effective on publication
A communication from Jim Moran, General Manager of Westborn Market,
14925 Middlebelt, Livonia, MI 48154, dated April 3, 2000 re postponing their request
to hang decorative flags on light poles in their parking lot until the next regular Council
meeting, was received and placed on file for the information of the Council
On a motion by Laura, seconded by Engebretson, it was
RESOLVED, that having considered a letter from Sarkis M
Anusbigian, Westborn Market, dated March 6, 2000, requesting permission to
hang fourteen (14) 2'6" x 6' decorative flags on various light poles located in the
parking lot at 14925 Middlebelt Road, and which flags would be placed in such
location until September 30, 2000, the Council does hereby approve and grant this
request in the manner and form herein submitted
Councilmember Engebretson withdrew his support. Upon consideration
of the April 3, 2000 letter from Westborn Market, the subject matter was moved to the
next regular Council meeting
A communication from the Planning Commission dated March 30, 2000
re the proposed lot split of Mr Layford Wilson, 20250 Fremont, was received and
placed on file for the information of the Council
On a motion Pastor, seconded by Vandersloot, it was
#246-00 RESOLVED, that having considered a communication from
the City Assessor, dated March 9, 2000, approved for submission by the
32206
Mayor, with regard to a request from Layford Wilson, 20250 Fremont,
Livonia, Michigan 48152, and in accordance with the provisions of 1967
PA 288, as amended, as well as Section 18 46 of Ordinance 543, as
amended, the Council does hereby refer the request for dividing and
combining Tax Item Nos 46-005-02-0006-002 and 46-005-02-0007-000
into two (2) parcels to the Streets, Roads and Plats Committee
A roll call vote was taken on the foregoing resolution with the following result:
AYES Walsh, Pastor, Duggan, Engebretson, Vandersloot and Brosnan
NAYS Laura
The President declared the resolution duly adopted
Mr Layford Wilson 20250 Fremont, spoke to the Council in favor of his
request for lot splits (Tax Item Nos 46-005-02-0006-002 and 46-005-02-0007-000)
On a motion by Laura, seconded by Walsh, and unanimously adopted, it
was
#247-00 RESOLVED, that having considered a communication from
the City Planning Commission, dated March 14, 2000, which transmits its
resolution 2-41-2000, adopted on February 29, 2000, with regard to
Petition 00-1-2-4, submitted by Bill Brown Ford, Inc , requesting waiver
use approval in connection with a proposal to provide new vehicle display,
used vehicle display and sales, parts storage, body shop and vehicle
servicing on property located on the north side of Plymouth Road,
between Tech Center Drive and Sears Avenue in the Southwest 1/4 of
Section 26, which property is zoned C-2, the Council does hereby concur
in the recommendation made by the City Planning Commission and
Petition 00-1-2-4 is hereby approved and granted, subject to the following
conditions
1 That the site plan, marked Sheet 1 of Job No 9921, prepared by
Michael L Priest & Associates, Inc , dated March 30, 2000, is hereby
approved and shall be adhered to,
2 That the landscape plan, marked Sheet 2 of Job No 9921, prepared
by Michael L Priest & Associates, Inc , as received by the City
Council Office on April 3, 2000 is hereby approved and shall be
adhered to
32207
3 That all planted materials shall be installed to the satisfaction of the
Inspection Department and thereafter permanently maintained in a
healthy condition,
,,,. 4 That underground sprinklers are to be provided for all landscaped
and sodded areas adjacent to the Plymouth Road right-of-way;
5 That the exterior building elevation plan, marked Sheet A-2, prepared
by GAV Associates, Inc., dated January 27, 2000, is hereby
approved and shall be adhered to, except that the wall sign shown on
the front elevation is not a part of this approval,
6 That the overhead garage doors serving the body shop shall remain
closed except when vehicles are entering or exiting the building,
7 That all trash dumpsters, if provided, shall be screened by means of
a masonry enclosure with wood gates,
8 That all parking spaces used to satisfy the parking requirement of the
subject facility, as specified in Section 18 38 of the Zoning
Ordinance, shall be 10' x 20' and double striped, and all parking
spaces, except handicapped and display spaces, shall be 10' x 20' in
size,
9 That there shall be no outdoor storage of auto parts, equipment,
scrap material, debris or other similar items generated by the subject
use,
10 That the petitioner shall meet to the Fire Department's satisfaction
the following requirements as outlined in a letter from the Fire and
Rescue Division of the Department of Public Safety dated February
11, 2000
a) That if any of the subject buildings are to be provided with
automatic sprinkler systems, hydrants shall be located between
50 feet and 100 feet from the Fire Department connections,
b) That fire hydrants shall be provided on site with spacing
consistent with commercial use group, and
c) That access around the building shall be provided for emergency
vehicles with a turning radius up to 45 feet wall-to-wall and a
minimum vertical clearance of 13-1/2 feet;
11 That handicapped parking spaces of the required size and number
shall be provided,
32208
12 That the parking lot shall be repaired, where needed, to the
satisfaction of the Inspection Department;
13 That the 12 parking spaces and concrete, except driveways, within
twenty (20) feet of the Plymouth Road right-of-way line shall be
removed, as required by the special waiver use standards set forth in
Section 11 03(g)(2) of the Zoning Ordinance, and that area shall be
landscaped, and
14 That no signage is approved in connection with this resolution, and
the issue of signage is hereby tabled to May 2, 2000, for further
review by the Planning Commission with a report and
recommendation to the City Council
15 The issue of ingress and egress, deceleration lanes and acceleration
lanes shall be revisited by the City Council after input from the
Michigan Department of Transportation (MDOT) and Plymouth Road
Development Authority (PRDA)
A communication from the Department of Public Safety — Division of
Police — dated March 30, 2000, re Petition 00-01-02-04 submitted by Bill Brown Ford,
which discusses traffic crash history at the Terrace Theater site, and deceleration and
acceleration lanes on Plymouth Road, was received and placed on file for the
information of the Council
A revised site plan submitted by Michael Priest and Associates, dated
March 30, 2000, re Petition 00-01-02-04 submitted by Bill Brown Ford, was received
and placed on file for the information of the Council
John Hillman, a representative from Bill Brown Ford, 32222 Plymouth
Road, Livonia, 48150, was present to answer questions of the Council
A communication from the Department of Assessment, dated March 20,
2000, re estimated tax revenue for Ward Presbyterian Church property, was received
and placed on file for the information of the Council (Petition 99-12-2-32)
32209
On a motion by Duggan, seconded by Pastor, it was
#248-00 RESOLVED, that having considered a communication from
the City Planning Commission, dated March 10, 2000, which transmits its
resolution 2-42-2000, adopted on February 29, 2000, with regard to
Petition 99-12-2-32, submitted by Phoenix Land Development requesting
waiver use approval to construct a Planned Residential Development on
the southeast corner of Six Mile Road and Farmington Road (the former
Ward Evangelical Presbyterian Church site) between Bloomfield Drive and
Six Mile Road in the Northwest 1/4 of Section 15, which property is
currently zoned RUF and proposed to be rezoned to R-81I, the Council
does hereby concur in the recommendation made by the City Planning
Commission and Petition 99-12-2-32 is hereby approved and granted,
subject to the following conditions
1 That the site plan, marked Sheet 1, Job Number 97-5-23, prepared
by Basney & Smith, Inc , dated March 16, 2000, is hereby approved
and shall be adhered to, except that the total number of dwelling
units shall be limited to 110,
2 That the landscape plan, referenced as Job Number LS 2 00 36A,
prepared by Calvin Hall & Associates, dated March 15, 2000, is
hereby approved and shall be adhered to,
3 That all planted material shall be installed to the satisfaction of the
Inspection Department and thereafter permanently maintained in a
healthy condition,
4 That the Townhouse/Ranch Unit Elevations Plan (Front, Rear, and
Right and Left Side Elevations), marked Sheet B1-4, prepared by
Barton & Associates, dated November 26, 1996, is hereby
approved and shall be adhered to,
5 That the Building Elevation sheet for the Modified
Townhouse/Ranch Unit Buildings (Front, Rear and Right and Left
Side Elevations), prepared by Barton & Associates, dated January
28, 2000, is hereby approved and shall be adhered to,
6 That all brick used in the construction of the buildings shall be full-
face four (4") inch brick, no exception,
7 That a plan for identification signage shall be submitted for approval
within 30 days following approval of this petition by the City Council,
8 That all electrical/gas meters shall be installed on the side or rear of
the buildings and shall be shielded with landscaping,
32210
9 That there shall be a re-evaluation of color of the siding at Council
level,
10. That the site plan should be revised to show Building #8 be
lined up evenly with Building #7 along Farmington Road.
A roll call vote was taken on the foregoing resolution with the following result:
AYES Pastor, Duggan, Engebretson, Vandersloot and Brosnan
NAYS Walsh and Laura
The President declared the resolution duly adopted
Mr Schafer, representative of Phoenix Land Development, thanked the
Council for their guidance re the project to construct a Planned Residential
Development on the southeast corner of Six Mile and Farmington Roads (the former
Ward Presbyterian Church site — Petition 99-12-2-32)
Council President Brosnan passed the gavel to Vice-President
Vandersloot at 9 03 p m She also spoke to the Council in support re the project to
construct a Planned Residential Development on the southeast corner of Six Mile and
Farmington Roads (the former Ward Presbyterian Church site — Petition 99-12-2-32).
Bruce Genga, 16750 Farmington Road, and Mike Siterka, 16831 Bell
Creek Lane, Livonia, MI 48154 both spoke supporting the project to construct a
Planned Residential Development on the southeast corner of Six Mile and Farmington
Roads (the former Ward Presbyterian Church site — Petition 99-12-2-32)
The gavel was returned to Council President Brosnan at 9 09 p m
On a motion by Duggan, seconded by Pastor, it was
#249-00 RESOLVED, that having considered a communication
from the City Planning Commission, dated March 10, 2000, which
transmits its resolution 2-44-2000 adopted on February 29, 2000,
with regard to Petition 99-12-8-32 submitted by Phoenix Land
Development Company, on behalf of Walgreen's, requesting site plan
approval in connection with a proposal to construct a commercial
building on property located at 17000 Farmington Road in the
Northwest 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 99-12-8-32 is hereby approved and granted, subject to
the following conditions
32211
1 That the site plan marked Sheet 1, with a revised date of February 24,
2000, prepared by Basney & Smith, Inc., is hereby approved and
shall be adhered to,
ism
2 That the landscape plan, as received by the Planning Commission on
March 20, 2000, prepared by Calvin Hall & Associates, is hereby
approved and shall be adhered to,
3 That all disturbed lawn areas shall be sodded in lieu of hydroseeding,
4 That underground sprinklers are to be provided for all landscaped and
sodded areas, and all planted materials shall be installed to the
satisfaction of the Inspection Department and thereafter permanently
maintained in a healthy condition,
5 That the exterior building elevation plan, with a revised date of March
10, 2000, prepared by Wah Yee Associates, is hereby approved and
shall be adhered to, except that the brick soldier course shall be
replaced with precast limestone;
6 That the brick used in the construction of the building shall be full-face
four (4") inch brick, no exception,
7 That all mechanical rooftop equipment shall be screened from view;
8 That the three walls of the trash dumpster or compactor area shall be
constructed out of the same brick used in the construction of the
building and the enclosure gates shall be maintained and, when not
in use, closed at all times,
9 That the protective screen wall along the south and east property
lines shall be continuous and constructed out of the same brick used
in the construction of the building,
10 That all light standards shall be shielded from the adjacent properties
and shall not exceed 16 feet in height,
11 That only conforming signage is approved with this petition, and any
additional signage shall be separately submitted for review and
approval by the Planning Commission and City Council, and
12 That the petitioner shall correct to the Inspection Department's
satisfaction the following site deficiencies as outlined in the
correspondence dated February 17, 2000
32212
- that all handicap spaces shall be identified and comply with the
Michigan Barrier Free requirements,
- that all parking spaces shall be double striped,
- that all standard parking spaces shall be 10'x 20', and
- that the Petitioner shall comply with the recommendations of the
Inspection Department as outlined in its letter dated February 17,
2000
A roll call vote was taken on the foregoing resolution with the following result:
AYES Walsh, Pastor, Duggan, Engebretson, Vandersloot and Brosnan
NAYS Laura
The President declared the resolution duly adopted
On a motion by Duggan, seconded by Engebretson, and unanimously
adopted, it was
#250-00 RESOLVED, that having considered the report and
recommendation of the Water and Sewer Board, the Director of Public
Works and the Public Utility Manager, dated March 21, 2000, approved by
the Director of Finance and approved for submission by the Mayor,
wherein it is recommended that the Council authorize increases in existing
water and sewer consumption rates and industrial surcharge rates and
decreases in industrial waste control charges, the Council does hereby
request that the Department of Law prepare an appropriate Ordinance
amendment to the following Sections of the Livonia Code of Ordinances
for submission to Council
1 Amend Title 13, Chapter 20, Section 120 D 1 to increase the Wayne
County wastewater disposal charge from $13 47 to $14.20 (per 1000
cubic feet of water used), effective with the first billing on and after
July 1, 2000
2 Amend Title 13, Chapter 8, Section 040, to increase the water
consumption rate from $11 05 to $11 57 (per 1000 cubic feet),
effective with the first billing on and after July 1 , 2000
3 Amend Title 13, Chapter 20, Table 13 20 120 to decrease the
industrial waste control meter charges as follows
32213
NON RESIDENTIAL
METER SIZE (inches) MONTHLY CHARGE
5/8 Decrease from $3 73 to $2 72
3/4 Decrease from $5 59 to $4 08
1 Decrease from $9 32 to $6 80
1-1/2 Decrease from $20 50 to $14 97
2 Decrease from $29 82 to $21 77
3 Decrease from $54 05 to $39 46
4 Decrease from $74 55 to $54 43
6 Decrease from $111 82 to $81 64
8 Decrease from $186 37 to $136 07
10 Decrease from $260 92 to $190 50
12 Decrease from $298 19 to $217 72
14 Decrease from $372 74 to $272 15
16 Decrease from $447.29 to $326 58
18 Decrease from $521 83 to $381 01
20 Decrease from $596 38 to $435 43
24 Decrease from $670 93 to $489 86
30 Decrease from $745 48 to $544.29
36 Decrease from $820 02 to $598 72
48 Decrease from $894 57 to $653 15
4 Amend Title 13, Chapter 28, Section 050, to increase the industrial
surcharge rates as follows
Dollars/pound for treating BOD (Biochemical Oxygen Demand) in
excess of 275 mg/I - Increase from $0 112 to $0 249
Dollars/pound for treating TSS (Total Suspended Solids) in excess of
350 mg/I - Increase from $0 146 to $0.280
Dollars/pound for treating P (Phosphorus) in excess of 12 mg/I -
Increase from $1 438 to $2 678
Dollars/pound for treating FOG (Fats, Oils & Grease) in excess of
100 mg/I - Increase from $0 067 to $0.206
A communication from Department of Public Works, Public Service
Division, dated March 30, 2000 re the recommendation of not having the availability of
installing separate water meters for irrigation purposes, was received and placed on file
for the information of the Council
32214
On a motion by Duggan, seconded by Laura, and unanimously adopted,
it was.
#251-00 RESOLVED, that the Council does hereby refer the subject
of meter separation for irrigation purposes to the Water, Sewer and Waste
Committee for its report and recommendation
On a motion by Walsh, seconded by Pastor, and unanimously adopted, it
was
#252-00 RESOLVED, that having considered a communication from
the City Treasurer dated April 3, 2000, regarding the replacement of
sidewalks in the City of Livonia on the following parcels in the following
amounts
Parcels of property and assessment, as outlined in the
Treasurer's letter dated April 3, 2000, is included herein
by reference,
which work was done pursuant to Council Resolution 172-99 and in
accordance with the provisions of Section 12 04 340 of the Livonia Code
of Ordinances, Title 12, Chapter 4, and the City Treasurer having
thereafter sent a statement of charges by first class mail to the owners of
property to be assessed wherein notice of the meeting by the City Council
on this date was given and at least 30 days having expired since the
giving of such notice with such charges remaining unpaid, the Council
does hereby, pursuant to the provisions of Section 3 08 150 of the Livonia
Code of Ordinances, Title 3, Chapter 8, adopt this resolution wherein a
special assessment is placed upon such property for said charges,
FURTHER, the Council does hereby authorize installment payments in the
number of three (3) installments at 6% interest where assessments
exceed $400 and the property owner has requested such installments,
FURTHER, the Council does hereby request that the City Treasurer shall
give notice of the amounts herein determined to the persons chargeable
therewith, such notice to be sent by first class mail to the last known
address of such persons as shown on the most current assessment roll of
the City, and where payments herein authorized are not made within the
specified time this fact shall be reported by the City Treasurer to the City
Assessor who shall charge such amount together with a penalty of 10% of
such amounts against the persons or real property chargeable therewith
on the next general tax roll, and the City Clerk and City Treasurer are
hereby requested to do all things necessary or incidental to the full
performance of this resolution
32215
Three (3) new applications, dated March 4, March 20, and March 28, 2000
for installment payments on sidewalk assessment were filed by Gayle Di Rezze, RocheII
Peters and Dennis Dill respectively, were received and placed on file for the information
of the Council
A communication from the Office of the Treasurer, dated April 3, 2000, re
single lot assessments in the 1999 Miscellaneous Sidewalk Program, was received and
placed on file for the information of the Council
On a motion by Engebretson, seconded by Vandersloot, it was
#253-00 RESOLVED, that having considered a communication from
the Director of Public Works and the City Engineer, dated January 13,
2000, approved for submission by the Mayor, with regard to a
Telecommunications Permit Application submitted by McLeod USA Inc.,
and the Council having conducted a public hearing with regard to this
matter on Wednesday, March 1, 2000, pursuant to Council Resolution 55-
00, the Council does hereby approve said application and does hereby
grant a Telecommunications Permit to McLeod USA, Inc., subject to the
following conditions
1 That permittee shall submit engineering plans showing all existing
features and the exact proposed location for buried or overhead
cable within any public right-of-way under the jurisdiction of the City
of Livonia prior to the issuance of a construction permit;
2 That appropriate construction bonds in amounts established by the
City Engineer shall be posted prior to issuance of a construction
permit; and
3 That permitee shall pay the annual fees set forth in Council
Resolution 112-99 for use of the public rights-of-way and shall
further pay any annual fees as recalculated by the City Council
upon completion of the Plante and Moran study
A roll call vote was taken on the foregoing resolution with the following result:
AYES Walsh, Pastor, Duggan, Engebretson and Vandersloot
NAYS Laura and Brosnan
32216
The President declared the resolution duly adopted
A communication from the Department of Public Safety, Police Division,
dated April 4, 2000, re their support for approval of a Telecommunications Permit for
McLeod USA was received and placed on file for the information of the Council (CR 55-
00 and CR 213-00)
A communication from Department of Public Works, Engineering Division,
dated March 28, 2000, re amendments to the McLeod USA, Inc. Telecommunications
Permit Application, was received and placed on file for the information of the Council
A communication from the Clarenceville School District, dated April 3,
2000, re their support for approval of a Telecommunications Permit for McLeod USA
was received and placed on file for the information of the Council (CR 55-00 and CR
213-00)
On a motion by Duggan, seconded by Walsh, and unanimously adopted, it
was
#254-00 WHEREAS, the City Clerk has received an Application for
Industrial Facilities Exemption Certificate from Technicolor Videocassette
of Michigan, Inc , dated January 24, 2000, 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 Technicolor Videocassette of
Michigan, Inc., 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 on Monday, March 20,
2000, at the Livonia City Hall, 33000 Civic Center Drive, Livonia, Michigan
32217
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, Technicolor Videocassette of Michigan, Inc., 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 Technicolor Videocassette of
Michigan, Inc. covering new industrial facilities to be located within
the City of Livonia Industrial Development District No 72 for 12
years.
3 That in accordance with the requirements of Section 22, Act 168,
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 Board 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
Mr Michael Karol, a representative from Ashley Capital, thanked the
Council for their help and support re the issue of his company's application for an
Industrial Facilities Exemption Certificate for Technicolor Videocassette of Michigan,
28301 Schoolcraft Road, Ste 300, Livonia, 48150 (CR 93-00, IDD #72)
On a motion by Engebretson, seconded by Pastor, and unanimously
adopted, it was
#255-00 WHEREAS, the City Clerk has received an Application for
Industrial Facilities Exemption Certificate from Roush Technologies, Inc.,
dated January 26, 2000, covering new industrial facilities to be located
within City of Livonia Industrial Development District No 51, and
32218
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 Roush Technologies, Inc., 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 on Monday, March 20, 2000, 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, Roush Technologies, Inc , 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 Roush Technologies, Inc.
covering new industrial facilities to be located within the City of
Livonia Industrial Development District No 51 for 10 years
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 Board 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
On a motion by Duggan, seconded by Vandersloot, and unanimously
adopted, it was
#256-00 RESOLVED, that having considered a communication from
the City Planning Commission, dated January 28, 2000, which sets forth
its resolution 1-14-2000 adopted on January 25, 2000, with regard to
32219
Petition 99-12-1-21, submitted by James M Szkrybala, on behalf of
Barbara Murphy-McEwen, for a change of zoning of property located on
1 the west side of Fairfield Avenue between Five Mile Road and
Meadowbrook Lane in the Northwest 1/4 of Section 22, from R-7 to RC,
aft. and the Council having conducted a Public Hearing with regard to this
matter on Monday, March 20, 2000, pursuant to Council Resolution 95-00,
the Council does hereby approve Petition 99-12-1-21 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
Councilmember Duggan left the podium at 9 33 p m due to a conflict of interest.
On a motion by Laura, seconded by Pastor, it was
#257-00 RESOLVED, that having considered a communication from
the City Planning Commission, dated January 28, 2000, which sets forth
its resolution 1-13-2000, adopted on January 25, 2000, with regard to
Petition 99-11-1-20, submitted by Leo Soave Builders, for a change of
zoning of property located on the south side of Six Mile Road between
Oporto Street and Middlebelt Road in the Northeast 1/4 of Section 14,
from RUFA to R-1, and the Council having conducted a public hearing
with regard to this matter on Monday, March 20, 2000, pursuant to Council
Resolution 95-00, the Council does hereby refer this matter to the
Committee of the Whole for its report and recommendation
A roll call vote was taken on the foregoing resolution with the following result:
AYES Waish, Pastor, Laura, Engebretson and Brosnan
NAYS Vandersloot
The President declared the resolution duly adopted
Councilmember Duggan returned to the podium at 9 46 p m
A communication from Leo Soave, the builder who submitted Petition 99-
11-1-20 for a change of zoning on property located on the south side of Six Mile Road
between Oporto Street and Middlebelt Road, dated March 24, 2000, re his desire to
32220
have his petition be referred to the Committee of the Whole and his plans to revise his
development plans, was received and placed on file for the information of the Council
Thirty-seven letters of opposition to the proposed change of zoning on
property located on the south side of Six Mile Road between Oporto Street and
Middlebelt Road, submitted by Leo Soave Builders, was received and placed on file for
the information of the Council (Petition 99-11-1-20)
The following persons spoke in opposition to the change of zoning in
Petition 99-11-1-20 for a change of zoning on property located on the south side of Six
Mile Road between Oporto Street and Middlebelt Road
Leonard Bores 30606 Munger, Livonia, 48154
Lisa Asquini 29628 Munger, Livonia, 48154
Jay Asquini 29628 Munger, Livonia, 48154
Lance Boyd 16944 Oporto, Livonia 48154
John Bartus 30069 Munger, Livonia 48154
On a motion by Engebretson, seconded by Laura, and unanimously
adopted, it was
#258-00 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
On a motion by Duggan, seconded by Pastor, and unanimously adopted,
it was
#259-00 RESOLVED, that having considered a communication from
the Department of Law, dated March 29, 2000, 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 purpose of
discussing the damage claim filed by Mr Keith Jed and attorney/client
privileged communications
A roll call vote was taken on the foregoing resolution with the following result.
32221
AYES Walsh, Pastor, Duggan, Laura, Engebretson, Vandersloot and
Brosnan
NAYS None
The President declared the foregoing resolution duly adopted
On a motion by Engebretson, seconded by Duggan and unanimously
adopted, it was
#260-00 RESOLVED, that having considered a communication from
the Department of Law, dated April 3, 2000, 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 purpose of
discussing pending litigation and attorney/client privileged communications
with respect to Danowski v City of Livonia
A roll call vote was taken on the foregoing resolution with the following result.
AYES Walsh, Pastor, Duggan, Laura, Engebretson, Vandersloot and
Brosnan
NAYS None
The President declared the foregoing resolution duly adopted
On a motion by Duggan, seconded by Engebretson, and unanimously
adopted, this 1414th Regular Meeting of the Council of the City of Livonia was adjourned
at 9 50 p m , April 5, 2000
C(7:0-07/ j171,�/L k
II /
,J4an McCotter, City Clerk