HomeMy WebLinkAboutCOUNCIL MINUTES 2002-07-17 33641
MINUTES OF THE ONE THOUSAND FOUR HUNDRED SIXTY-NINTH
REGULAR MEETING OF JULY 17, 2002
On July 17, 2002, 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 Taylor recited the Pledge of Allegiance
Roll was called with the following result: Gerald Taylor, Joe Laura,
Maureen Miller Brosnan, Donald Knapp, Val Vandersloot, Linda Dolan, and Jack
Engebretson
Absent: None
Elected and appointed officials present: Jack E Kirksey, Mayor; Robert
Schron, City Engineer; Mark Taormina, City Planner; Sean Kavanagh, City Attorney;
Joan McCotter, City Clerk, Karen Szymula, Director of Legislative Affairs, Jeff Bryant,
Economic Development Director; Doug Gordon, Division Director, Housing
Commission, Ian Wilshaw, Traffic Commission and Stan Dobis, Cable Commission
On a motion by Vandersloot, seconded by Brosnan, and unanimously
adopted, it was
CR 375-02 RESOLVED, that the minutes of the 1,468th Regular Meeting
of the Council held July 1, 2002 are hereby approved as submitted
During the audience communication portion of the agenda, Mayor Kirksey
expressed his pride in the Livonia Police Department, and the gratitude of the
community, for their excellent work in solving the double murders committed at Logan's
Roadhouse restaurant. He encouraged everyone to continue to support the surviving
family members of the victims by attending the various fundraisers being planned
The mayor also spoke about the road millage issue and the fact that many
residents have questions regarding this millage He suggested that they visit the City
website at www.ci.livonia.mi.us for clarification and explanation of this subject matter
He stated that the millage was a new policy approach whereby citizens are asked to
consider and accept the road system as a responsibility for the entire community, not
just the roads that are in the closest proximity to their residential, industrial or
Regular Meeting of July 17, 2002 33642
commercial property He said that this is the community's opportunity to accept the
responsibility for improving all our roads
Councilmember Taylor mentioned Councilmember Vandersloot's birthday
on July 14, and wished her a "Happy Birthday"
Councilmember Brosnan wished a "Happy Birthday" to her mother and
father, Karen and Dick Miller
A communication from the Department of Finance, dated June 20, 2002,
re forwarding various financial statements of the City of Livonia for the month ending
May 31, 2002, was received and placed on file for the information of the Council
A communication from the Department of Finance, dated July 15, 2002 re
payment of false alarm charges from CAT Rental Store that occurred after they took
possession of property located at 33850 Plymouth Road in March, 2002, was received
and placed on file for the information of the Council (Petition 2001-09-02-19) (Agenda
Item #19)
A communication from Catherine and Leonard Graham, 19973 Mayfield,
Livonia, 48152, dated July 10, 2002, re listing reasons for their opposition to the
current plan for rezoning of the Ardmore property located on the east side of Farmington
Road between Seven Mile Road and Fargo Avenue from OS to R-3 and RC, was
received and placed on file for the information of the Council (Petition 2002-06-01-08)
(Agenda Item #20)
On a motion by Taylor, seconded by Dolan, it was
CR 376-02 RESOLVED, that having considered an application from
Brian Huntoon, 18417 Foch, Livonia, Michigan 48152, dated June 16,
2002, requesting permission to close Foch between Clarita and Pickford
on Saturday, August 17, 2002, from 12 00 noon to 10 00 pm for the
purpose of conducting a block party, the Council does hereby grant
permission as requested, including therein permission to conduct the said
affair on Saturday, August 24, 2002, in the event of inclement weather, the
Regular Meeting of July 17, 2002 33643
action taken herein being made subject to the approval of the Police
Department.
CR 377-02 RESOLVED, that having considered an application from
Janel Barber, 18997 Gillman, Livonia, Michigan 48152, dated June 18,
2002, requesting permission to close Gillman between Seven Mile and
Clarita on Saturday, August 10, 2002, from 12 00 noon to 1000 p m for
the purpose of conducting a block party, the Council does hereby grant
permission as requested, including therein permission to conduct the said
affair on Sunday, August 11, 2002, in the event of inclement weather, the
action taken herein being made subject to the approval of the Police
Department.
CR 378-02 RESOLVED, that having considered an application from
Stacie Pettit, 8937 Louisiana, Livonia, Michigan 48150, dated June 21,
2002, requesting permission to close Louisiana between Kentucky and
Oregon on Saturday, July 27, 2002, from 3 00 p m to 10.00 p m for the
purpose of conducting a block party, the Council does hereby grant
permission as requested, the action taken herein being made subject to
the approval of the Police Department.
CR 379-02 RESOLVED, that having considered an application from
Lorna Doone McKenzie, 9265 Woodring, Livonia, Michigan 48150, dated
June 24, 2002, requesting permission to close Woodring between
Vermont and Oregon on Saturday, August 3, 2002, from 1.00 p m to
10 00 p m for the purpose of conducting a block party, the Council does
hereby grant permission as requested, the action taken herein being made
subject to the approval of the Police Department.
CR 380-02 RESOLVED, that having considered an application from
Shawn Staff, 14103 Blackburn, Livonia, Michigan 48154, dated June 22,
2002, requesting permission to close Blackburn between Perth and
Scone, on Saturday, August 17, 2002, from 2.00 p m to 1000 p m for the
purpose of conducting a block party, the Council does hereby grant
permission as requested, including therein permission to conduct the said
affair on Saturday, August 24, 2002, in the event of inclement weather, the
action taken herein being made subject to the approval of the Police
Department.
CR 381-02 RESOLVED, that having considered an application from
Dilyse McAllister, 31231 Pickford, Livonia, Michigan 48152, dated June
27, 2002, requesting permission to close Pickford at Merriman Road on
Saturday, July 20, 2002, from 1200. noon to 1000 p m for the purpose of
conducting a block party, the Council does hereby grant permission as
requested, the action taken herein being made subject to the approval of
the Police Department.
Regular Meeting of July 17, 2002 33644
CR 382-02 RESOLVED, that having considered an application from
Anne Hage, 34514 Woodvale, Livonia, Michigan 48154, requesting
permission to close Oakhill Court, on Saturday, July 27, 2002, from 1200
noon to 10 00 p m for the purpose of conducting a block party, the
Council does hereby grant permission as requested, including therein
permission to conduct the said affair on Sunday, July 28, 2002, in the
event of inclement weather, the action taken herein being made subject to
the approval of the Police Department.
CR 383-02 RESOLVED, that having considered a letter from Helen M
Oppat, Co-Chairperson, St. Aidan Church Craft Show, dated June 20,
2002, which requests permission to display signs announcing St. Aidan's
19th Annual Craft Show to be held on Saturday, October 19, 2002, which
signs are to be 18" x 24" in size and which will be displayed at various
locations in the City from Sunday, October 13, 2002, through Sunday,
October 20, 2002, the Council does hereby grant and approve this request
in the manner and form herein submitted
CR 384-02 RESOLVED, that having considered a communication from
Vicki Garling, 16135 Bell Creek Court, Livonia, Michigan 48154 and
Shirley Myers, 16117 Bell Creek Court, Livonia, Michigan 48154, dated
June 30, 2002, regarding erosion problems on Bell Creek and the flood
plain behind their property, the Council does hereby refer this item to the
Mayor for a report and recommendation
The Monthly Construction Progress Report for June, presented by
Michael J Genrich, Senior Project Manager, Etkin Skanska Inc , re update on the
Livonia Community Recreation Center, was received and placed on file for the
information of the Council
A communication from the Office of the City Clerk, dated June 21, 2002,
re tax rate for the Clarenceville School District's 2002-03 school year as approved by
the Board of Education on June 13, 2002, was received and placed on file for the
information of the Council
A communication from the Office of the City Clerk, dated June 25, 2002,
re tax rate for the Livonia Public School District's 2002-03 school year as approved by
Regular Meeting of July 17, 2002 33645
the Board of Education on June 3, 2002, was received and placed on file for the
information of the Council
CR 385-02 RESOLVED, that having considered the report and
recommendation of the Acting Chief of Police, dated June 25, 2002, which
bears the signatures of the Director of Finance and the City Attorney and
is approved for submission by the Mayor, requesting renewal of the
Hardware Service Agreement between Hewlett Packard Corporation
(Formerly DEC/Compaq Computer Corporation) and the City of Livonia
wherein Hewlett Packard Corporation would continue to provide hardware
support for the Livonia Police Department computer system for the period
July 1, 2002 through June 30, 2003 until the transition is complete with
respect to the Records Management System portion of the Mobile and
Stationary Information System project, for the sum of $29,333 40 from
funds already budgeted for this purpose in Account No 101-306-851-000,
the Council does hereby approve the renewal of this Agreement and
authorize the Mayor and City Clerk, for and on behalf of the City of
Livonia, to affix their signatures to such Service Agreement, as well as to
do all other things necessary or incidental to the full performance of this
resolution, FURTHER, the Council does hereby authorize said action
without competitive bidding for the reasons indicated in the aforesaid
communication, and such action is taken in accordance with the
provisions set forth in Section 3 04 140D4 of the Livonia Code of
Ordinances, as amended
CR 386-02 RESOLVED, that having considered the report and
recommendation of the Public Utility Manager, the Director of Public
Works and the Director of Community Resources, dated June 27, 2002,
which bears the signature of the Director of Finance and is approved for
submission by the Mayor, the Council does hereby accept the bid of Pro-
Line Construction Co , Inc , 35009 Roycroft, Livonia, Michigan 48154, for
completing all work required in connection with the 2002 painting at the
Greenmead complex for the total cost of $19,234 80, the same having
been in fact the lowest bid received and meets all specifications,
FURTHER, the Council does hereby authorize the expenditure of
budgeted funds in the amount of $19,234 80 from Account No 101-737-
931-220 (Maintenance - Greenmead) for this purpose, and the Director of
Public Works is hereby authorized to enter into future contracts with Pro-
Line Construction Co , Inc , during calendar years 2002 and 2003 at the
unit price of $2 34 per square foot, subject to the availability of funds, 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
Regular Meeting of July 17, 2002 33646
CR 387-02 RESOLVED, that having considered the report and
recommendation of the Executive Director of the Housing Commission
and the Division Director of the Community Development Office-Housing
Commission, dated June 17, 2002, approved for submission by the Mayor,
and to which is attached a Hold Harmless Contract between the City of
Livonia and First Step for the period August 1 , 2002, through July 31,
2003, the Council does hereby authorize the Mayor and City Clerk, for and
on behalf of the City of Livonia, to execute the proposed Hold Harmless
Contract in the manner and form herein submitted, as well as to do all
other things necessary or incidental to the full performance of this
resolution
CR 388-02 RESOLVED, that having considered the report and
recommendation of the Executive Director of the Housing Commission
and the Division Director of the Community Development Office-Housing
Commission, dated June 17, 2002, approved for submission by the Mayor,
and to which is attached a Hold Harmless Contract between the City of
Livonia and the Fair Housing Center of Metropolitan Detroit for the period
August 1, 2002, through July 31, 2003, the Council does hereby authorize
the Mayor and City Clerk, for and on behalf of the City of Livonia, to
execute the proposed Hold Harmless Contract in the manner and form
herein submitted, as well as to do all other things necessary or incidental
to the full performance of this resolution
CR 389-02 RESOLVED, that having considered the report and
recommendation of the Executive Director of the Housing Commission
and the Division Director of the Community Development Office-Housing
Commission, dated June 17, 2002, approved for submission by the Mayor,
and to which is attached Hold Harmless Contracts between the City of
Livonia and Hegira Programs, Inc. (HPI), Family Services, Inc., Starfish
Family Services, Geriatric Case Management Services, JoAnne
Turshnuik, MSW/ACSW, and Jacque Martin-Downs, MA/MSW, for the
period August 1, 2002 through July 31, 2003, the Council does hereby
authorize the Mayor and City Clerk, for and on behalf of the City of
Livonia, to execute the proposed Hold Harmless Contracts in the manner
and form herein submitted, as well as to do all other things necessary or
incidental to the full performance of this resolution
CR 390-02 RESOLVED, that having considered the report and
recommendation of the Economic Development Director, dated June 24,
2002, approved for submission by the Mayor, the Council does hereby
amend and revise Council Resolution 829-00 so as to read as follows
RESOLVED, that having considered the report and recommendation of
the Committee of the Whole, dated October 24, 2000, submitted
pursuant to Council Resolution 746-00, and the reports and
Regular Meeting of July 17, 2002 33647
recommendations of the Economic Development Director, dated
to
September 26, 2000, and October 11, 2000, approved for submission
by the Mayor, in connection with expanding the City's Act 198 Tax
Incentive Program to include office properties and "High Technology
Activity" in properties zoned M-1, M-2 and Office, the Council does
hereby concur in the recommendation set forth in the aforementioned
report dated October 11, 2000, and the following guidelines are hereby
approved
- Act 198 Tax Abatements may be granted for properties located
outside M-1 and M-2 zoning classifications for businesses that
qualify under Act 198 as expanded by Public Act 247 of 2000,
effective June 29, 2000, which are "engaging in a high-technology
activity and/or in research and development laboratories "
- The duration of tax abatements for projects outside M-1 and M-2
zoning classifications shall not exceed twelve (12) years (or a
shorter duration at the discretion of the Council) and the duration
matrix adopted pursuant to Council Resolution 144-00 will be
utilized for these projects as well as traditional M-1 and M-2
projects applying for Industrial Facilities Exemption Certificates
CR 391-02 RESOLVED, that having considered a communication from
the City Planning Commission, dated June 20, 2002, which transmits its
resolution 06-59-2002, adopted on June 11, 2002, with regard to the
Landscape Plan and signage in connection with Petition 2001-09-02-19,
submitted by CAT Rental Store, for the commercial building located at
33850 Plymouth Road in the Southeast 1/4 of Section 28, which property
is zoned C-2 and M-1, the Council does hereby concur in the
recommendation made by the City Planning Commission and the
landscape plan and signage in connection with Petition 2001-09-02-19 is
hereby approved and granted, subject to the following conditions
1 That the Landscape Plan prepared by Beckett & Raeder, as
received by the Planning Commission on May 31, 2002, 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 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,
Regular Meeting of July 17, 2002 33648
4 That the Sign Package submitted by Beckett & Raeder, as received
by the Planning Commission on May 31, 2002, is hereby approved
and shall be adhered to,
5 That all signage shall not be illuminated beyond one (1) hour after
this business closes,
6 That any additional signage shall come back before the Planning
Commission and City Council for their review and approval,
7 That the steel tube enclosure fencing for the outdoor display area,
as shown on the approved plans, is hereby approved,
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 recommendations of the Plymouth Road Development
Authority, dated July 2, 2002, shall be adhered to
CR 392-02 RESOLVED, that in accordance with the provisions set forth
in Section 4 of Act 207 of the Public Acts of Michigan of 1921, as
amended, the City Zoning Act (MSA 5 2934, MCLA 125 584), as well as
Article XXIII of Ordinance 543, as amended, the Zoning Ordinance of the
City of Livonia, the Council does hereby determine that a Public Hearing
will take place before the City Council of the City of Livonia on Tuesday,
August 13, 2002 at 7 00 p m at the City Hall, 33000 Civic Center Drive,
Livonia, Michigan, with respect to the following item
Petition 2002-06-01-08, submitted by Ardmore Development,
L L C , for a change of zoning of property located on the east
side of Farmington Road between Seven Mile Road and
Fargo Avenue in the West 1/2 of Section 3 from OS to R-3
and RC, the City Planning Commission in its resolution 07-
82-2002 having recommended to the City Council that
Petition 2002-06-01-08 be approved, and
FURTHER, the City Clerk is hereby requested to, no less than fifteen (15)
days prior to the aforesaid date of said public hearing, cause to have a
statement indicating the (a) nature of the proposed amendment to the
Zoning Ordinance, and/or (b) location of the proposed change of zoning
as set forth above, first to be published in the official newspaper of the City
or a newspaper of general circulation in the City of Livonia as well as to,
not less than fifteen (15) days prior to said public hearing, cause to have
notice to be given by certified mail to each public utility company and to
each railroad company owning or operating any public utility or railroad
Regular Meeting of July 17, 2002 33649
within the districts or zones affected, and further, the City Clerk is
requested to do all other things necessary or incidental to the full
performance of this resolution
A roll call vote was taken on the foregoing resolutions with the following result:
AYES Taylor, Laura, Brosnan, Knapp, Vandersloot, Dolan and
Engebretson
NAYS None
On a motion by Brosnan, seconded by Knapp, and unanimously adopted,
it was
CR 393-02 RESOLVED, that having considered a letter from the Robert
Slattery, Jr , President and George D Goodman, Executive Director of the
Michigan Municipal League, dated June 26, 2002, with regard to the
Annual Business Meeting to be held in Dearborn, Michigan, on September
11, 2002, the Council does hereby designate Councilmember Laura as the
Official Representative and Voting Delegate of the City of Livonia at the
Annual Meeting and does further delegate Councilmember Brosnan as the
alternate, and the City Clerk is hereby requested to do all things
necessary or incidental to the full performance of this resolution
C R. Charest, attorney representing Joe's Produce, addressed the Council
and stated that he would go to the Zoning Board of Appeals for an extension to
November 1 regarding the requested outdoor display
A communication from the Department of Law, dated July 12, 2002, re
clarifying the current status of proposed Zoning Ordinance amendments regarding
open-air sales of nursery stock or fruits and vegetables as it relates to a request from
Joe's Produce, 33152 Seven Mile Road, Livonia, 48152, was received and placed on
file for the information of the Council (Petition 2002-05-02-09)
On a motion by Brosnan, seconded by Taylor, and unanimously adopted,
it was
CR 394-02 RESOLVED, that having considered a communication from
the City Planning Commission, dated June 7, 2002, which transmits its
resolution 06-75-2002, adopted on June 4, 2002, with regard to Petition
Regular Meeting of July 17, 2002 33650
2002-05-02-09, submitted by Joseph Maiorana, Jr , on behalf of Joe's
Produce, requesting waiver use approval to permit open air sales of
nursery stock, fruits and vegetables on property located at 33152 W
Seven Mile Road located on the north side of Seven Mile Road between
Shadyside and Mayfield Avenues in the Southwest 1/4 of Section 3, which
property is zoned C-1, the Council does hereby concur in the
recommendation made by the City Planning Commission and Petition
2002-05-02-09 is hereby approved and granted, subject to the following
conditions
1 That the outdoor display shall be confined to the 60'x 20' tent area
as illustrated on the plan received by the Planning Commission on
May 7, 2002,
2 That all merchandise to be displayed outdoors shall be limited to
bedding plants, flowers and vegetables, and potted shrubs,
3 That the time period within which the outdoor display will take place
shall be limited to April 1 through October 15, and if approved by
the Zoning Board of Appeals, the petitioner's letter for an extension
until November 1, inclusive, and
4 That the location of the tent and outdoor display of merchandise
shall be conducted in a manner that will insure that the walkway,
parking stalls and aisles are sufficiently free of obstruction so as to
maintain a clear space for pedestrian and vehicular circulation
On a motion by Knapp, seconded by Brosnan, and unanimously adopted,
it was
CR 395-02 RESOLVED, that having considered a letter from Mark
Gazlay, Project Manager, The Sinacola Companies, Inc , 30777
Schoolcraft Road, Livonia, Michigan 48150, dated June 20, 2002,
requesting a one-year extension of the approval of Petition 2001-03-08-15
for site plan approval in connection with a proposal to construct a
condominium development (Livonia Villa Condominiums) on property
located at 9024 Middlebelt Road in the Southwest 1/4 of Section 36,
previously granted in Council Resolution 357-01, adopted on June 4,
2001, the Council does hereby approve the petitioner's request for an
extension for one (1) year
On a motion by Brosnan, seconded by Dolan, and unanimously adopted, it
was
Regular Meeting of July 17, 2002 33651
CR 396-02 RESOLVED, that having considered a letter from the
Director of Finance, dated June 27, 2002, approved for submission by the
Mayor, the Council does hereby refer the subject of the annual budget for
the fiscal year ending November 30, 2003, to the Finance, Insurance and
Budget Committee
On a motion by Brosnan, seconded by Taylor, and unanimously adopted,
it was
CR 397-02 RESOLVED, that having considered a letter from the
Director of Finance, dated June 27, 2002, and approved for submission by
the Mayor, the Council does hereby determine to conduct a public hearing
on Monday, October 7, 2002, at 7 00 p m at the City Hall, 33000 Civic
Center Drive, Livonia, Michigan, with respect to the following items
1 The proposed annual budget for the City of Livonia for the fiscal year
ending November 30, 2003, and
2 The public hearing required by Act 5 PA 1982, in connection with the
Truth in Taxation hearing,
and the City Clerk shall give adequate public notice of said public hearing
in accordance with provisions of law and City Charter
On a motion by Brosnan, seconded by Dolan, and unanimously adopted,
this 1,469th Regular Meeting of the Council of the City of Livonia was adjourned at 8.29
p m , July 17, 2002
oan McCotter, City Clerk