HomeMy WebLinkAboutCOUNCIL MINUTES 2002-09-11 33705
MINUTES OF THE ONE THOUSAND FOUR HUNDRED SEVENTY-SECOND
REGULAR MEETING OF SEPTEMBER 11, 2002
On September 11, 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 The Police Honor Guard presented the colors, and
Councilmember Knapp led the Council in the Pledge of Allegiance and delivered the
invocation
Roll was called with the following result: Donald Knapp, Val Vandersloot,
Linda Dolan, Gerald Taylor, Joe Laura, Maureen Miller Brosnan, 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, Mike Slater,
Director of Finance, State Senator Thaddeus McCotter; Ron Reinke, Superintendent of
Parks and Recreation, Karen Kapchonick, Assistant Superintendent of Parks and
Recreation, Tom Murphy, Facilities Manager; Herman Bien, Robert Deacon, Kevin
Summers and Dennis Wright, members of the Parks and Recreation Commission, and
Stan Dobis, Cable Commission
On a motion by Brosnan, seconded by Dolan, it was
CR 468-02 RESOLVED, that the minutes of the 1,471 st Regular Meeting
of the Council held August 28, 2002 are hereby approved as submitted
A roll call vote was taken on the foregoing resolution with the following result:
AYES Knapp, Vandersloot, Dolan, Taylor, Brosnan and
Engebretson
NAYS None
PRESENT Laura
On a motion by Vandersloot, seconded by Brosnan, and unanimously
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Regular Meeting of September 11, 2002
adopted, it was
CR 469-02 RESOLVED, that the Council does hereby amend the
Orders of the Day for the purpose of a Remembrance Ceremony and
showing of a film commemorating the victims of "9/11"
Mayor Kirksey presented a video of this morning's ceremony
commemorating "Always Remember 9/11 Day" that took place on the south lawn of City
Hall
Councilmember Vandersloot read the following "Always Remember 9/11
Day" Proclamation into the record
PROCLAMATION
OFFICES OF THE MAYOR
AND CITY COUNCIL
WHEREAS, in an unprovoked and senseless act of terrorism, four civilian
aircraft were hijacked on September 11, 2001, and crashed in New York
City, Pennsylvania and the Pentagon, killing and injuring innocent United
States citizens of all heritages as well as visiting citizens of foreign
nations, and
WHEREAS, while we as a Union still continue to recover from the
unspeakable loss of so many innocent lives, the indomitable spirit of the
United States has been revitalized and given way to numerous
expressions of heroism and patriotism, and
WHEREAS, the threat of terrorism, destruction and senseless violence
must be banished for any free society to exist and as we continue to strive
in this extremely vital endeavor to rid humanity of these horrors, we salute
the heroism of public safety and rescue workers, volunteers, local officials,
and those who responded to these tragic events with courage, selfless
compassion, determination, and skill, and
WHEREAS, as the citizens of Livonia, Michigan, share in the grief and
commemorate the one-year anniversary of the September 11 th tragedies,
we extend our deepest condolences to the innocent victims of these
unprovoked actions by terrorists, as well as to their families and their
friends, and encourage all of our citizens to honor the victims of this date
by reaffirming their commitment to sustaining our newfound patriotism
through volunteerism, community involvement, and service,
NOW, THEREFORE, I, Jack E Kirksey, Mayor of the City of Livonia,
County of Wayne, State of Michigan do hereby take this means to join with
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Regular Meeting of September 11, 2002
the City Council and proclaim Wednesday, September 11, 2002, as
Always Remember 9-11 Day in the City of Livonia, Michigan, a day to
mourn, reflect and rededicate ourselves to ending terrorism in
commemoration of the anniversary of the terrorist attacks We also
encourage our citizens to dedicate their time, talents and energy to lift one
another up, to foster a new level of understanding and awareness of one
another, honor the memories of all of those who died by being of service
to one another, and by building the "stronger, more perfect union" that our
founding fathers called for
Councilmember Taylor stated that he remembered the attack on Pearl
Harbor as being described as a "day of infamy" He stated that 9/11/01 will be
remembered as the "day that awoke the sleeping giant"
State Senator Thaddeus McCotter commented on the City's participation
in 9/11 ceremonies, and stated that the City's personal diversity contributed to the
patriotic unity of the City
George Boller, 36720 Hammer Lane, 48152, spoke to the Council and
was critical of Mayor Kirksey's action on 9/11/01 Mayor Kirksey responded to Mr
Boller's remarks
Ed Ayyash, 19747 Gary Lane, 48152, stated that he appreciated the
efforts of the City to provide safety for all citizens of Livonia On behalf of St. Mary's
Antiochian Orthodox Church, he thanked the elected officials who participated in the
"9/11" Memorial Service at their basilica
During the audience communication portion of the agenda, George Boller,
36720 Hammer Lane, 48152, expressed concern about the serious financial difficulty
reported by the Mayor in the Fall City Newsletter, and requested that Council respond to
his remarks in like manner
Tom Lyon, 33039 Lyndon, 48154, spoke of his concern with the reduction
of Fire Department staffing, particularly the loss of advanced life support services as
first response in some sections of the community
On a motion by Laura, seconded by Vandersloot, and unanimously
adopted, it was
CR 470-02 RESOLVED, that considering the subject-of forming a policy
regarding the issuance of Proclamations and Commendations, the Council
does hereby refer this matter to the Committee of the Whole for discussion
purposes
33708
Regular Meeting of September 11, 2002
A communication from the Department of Finance, dated August 20, 2002,
re forwarding various financial statements of the City of Livonia for the month ending
July 31, 2002, was received and placed on file for the information of the Council
A communication from the Department of Law, dated August 15, 2002, re
Lucian and Lucia Ene v Zoning Board of Appeals of the City of Livonia, Wayne County
Circuit Court Case No 02-210970 AA, and the decision that said Court upheld the
denial by the Zoning Board of Appeals, was received and placed on file for the
information of the Council
A communication from the Engineering Division, dated June 11, 2002,
labeled Exhibit "A", re a lump sum fee payment of $2,867 67 to CSX Railroad from the
City of Livonia as opposed to annual payments for two water main crossings at Inkster
and Merriman Roads, was received and placed on file for the information of the Council
(Agenda Item #7)
On a motion by Brosnan, seconded by Taylor, it was
CR 471-02 RESOLVED, that having considered a letter from the
Coordinator of Special Projects of the Schoolcraft College Foundation,
dated August 14, 2002, wherein a request is submitted to place 22" x 14"
signs advertising a fall craft show to be conducted on Saturday and
Sunday, November 9 and 10, 2002 at Schoolcraft College, the purpose of
which is to raise funds for student scholarships, which signs are to be
installed no earlier than Monday, November 4, 2002, and removed no later
than Monday, November 11, 2002, at various locations in the City, the
Council does hereby concur in and approve of this request in the manner
and form herein submitted
CR 472-02 RESOLVED, that having considered a letter from Jennifer R.
Boros, Chairperson, on behalf of Sacred Heart Byzantine Catholic Church,
dated August 25, 2002, which requests permission to display two banners,
which are to be 3' x 7' in size and located in front of the church, and 20" x
20" signs announcing the Sacred Heart Mom-to-Mom Sale to be
conducted on Saturday, October 12, 2002, which signs are to be installed
no earlier than Saturday, October 5, 2002, and removed no later than
33709
Regular Meeting of September 11, 2002
Sunday, October 13, 2002, at various locations in the city, the Council
does hereby grant and approve this request in the manner and form
herein submitted
CR 473-02 RESOLVED, that having considered a letter from Christine
Stoll, Rummage Sale Advertising Chairperson, dated August 26, 2002, on
behalf of St. Genevieve School, requesting permission to display 33 signs
announcing a rummage sale to be conducted on Friday and Saturday,
October 18 and 19, 2002, which signs shall be displayed no earlier than
Friday, October 11, 2002, and removed no later than 5'00 p m on
Sunday, October 20, 2002, at various locations in the city, the Council
does hereby grant and approve this request in the manner and form
herein submitted
CR 474-02 RESOLVED, that having considered a letter from the
National League of Cities, dated August 14, 2002, with regard to the
Annual Business Meeting to be held in Salt Lake City, Utah, on December
7, 2002, the Council does hereby designate Mayor Jack E Kirksey as the
Official Representative and Voting Delegate of the City of Livonia at the
Annual Meeting and does further designate Councilmember Joe Laura
and/or Councilmember Gerald Taylor as the alternates, and the City Clerk
is hereby requested to do all things necessary or incidental to the full
performance of this resolution
CR 475-02 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 August 14, 2002, approved for submission by the
Mayor, and to which is attached Hold Harmless Contracts between the
City of Livonia and John Farrar, Ed D, LPC, Madonna University and St.
John Health System - Eastwood Clinics for the period August 1, 2002
through July 31, 2003, in connection with funding provided through the
Mental Health Counseling Program portion of the Community
Development Block Grant (CDBG) program for the 2002-2003 program
year, 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 476-02 RESOLVED, that Frank and Rosalie Tislerics, 9655
Farmington Road, Livonia, as proprietor, having requested the City
Council to approve the proposed preliminary plat of the following
subdivision Rambling Acres Subdivision to be located on the west side of
Farmington Road between Plymouth Road and Hathaway Avenue in the
Northeast 1/4 of Section 33, City of Livonia, Wayne County, Michigan, the
33710
Regular Meeting of September 11, 2002
said proposed preliminary plat being dated November 7, 2001, and it
further appearing that tentative approval of such preliminary plat was
given by the City Planning Commission, after due notice and a public
/to hearing on October 2, 2001, and it further appearing that such preliminary
plat, together with development plans and specifications for improvements
therein have been examined and approved by the Engineering Division as
is set forth in the reports of that Department dated August 8, 2002 and
September 4, 2002, therefore, the City Council does hereby approve of
the said preliminary plat on the following conditions
(1) All of the improvement, utilities and grading shall be constructed,
installed and accomplished in conformity with the provisions of the
ordinances of the City of Livonia, including the Subdivision Control
Ordinance, being Title 16, Chapters 16 04 through 16 24 of the
Livonia Code of Ordinances, as amended, the Subdivision
Regulations of the Planning Commission, the regulations and
specifications of the Engineering Division and the Development
Plans submitted by the proprietor and approved by such
Department; all such improvements to be constructed, installed,
accomplished and completed within a period of two (2) years from
the effective date of this resolution, failing this, the approval
contained herein shall be considered null, void and of no effect
whatsoever;
(2) That all inspection fees and other charges due to the City of Livonia
shall be fully paid at the time and in the manner provided in the said
Subdivision Control Ordinance, as amended,
(3) That the installation of all such improvements shall be subject at all
times to the supervision and inspection and final approval of the
Engineering Division, and such improvements shall not be
considered as having been satisfactorily and completely installed
until there is filed with the City Council the certificate as provided in
Section 16.24 370 of the said Subdivision Control Ordinance, as
amended,
(4) That the proprietor enter into an agreement with the City of Livonia
agreeing to construct, within the prescribed period of time and in
the prescribed manner, all improvements required to the extent
required by the City of Livonia and as shown on the approved
development plans,
(5) That the final true record plat of the aforesaid subdivision shall be
submitted and must receive the final approval of the City Planning
Commission as evidence that such plat is in compliance with
existing Subdivision Regulations,
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Regular Meeting of September 11, 2002
(6) That the final true plat of the aforesaid subdivision shall be
submitted and must receive the final approval of the City Council
within two (2) years from the effective date of this resolution, the
City Council shall approve final plats of the aforesaid proposed
subdivision if drawn in substantial conformity with the proposed plat
as approved herein, and provided there has been compliance with
all other requirements of State Statute, the Subdivision Control Act,
the Subdivision Control Ordinance and this resolution,
(7) That, for the purpose of obtaining approval of final plats prior to the
completion of all required improvements the proprietor may file with
the City of Livonia a corporate surety bond, certified check, cash
bond, irrevocable letter of credit, or other financial assurance in
such form as may be approved by the Department of Law
guaranteeing the satisfactory installation of all such improvements,
utilities and grading by the proprietor within the prescribed period,
that in the event the proprietor elects to deposit such financial
assurances the same shall be in the following amounts
(a) General Improvement Bond $28,900 00, of which at least
$10,000 00 shall be in cash
(b) Grading & Soil Erosion $ 1,800 00 all cash
(c) Monuments and Lot Markers $ 230 00 all cash
and require cash payments in addition to the above amounts in the total
amount of$3,347 00
In addition, distribution lines for telephone and electric services are to be
placed underground throughout the subdivision
CR 477-02 RESOLVED, that having considered a communication from
the Director of Public Works and the City Engineer, dated August 14,
2002, which bears the signature of the Director of Finance and is
approved for submission by the Mayor, to which is attached a
Supplemental Agreement from CSX Railroad permitting a one time lump
sum payment in the amount of $2,867 67 from the City of Livonia to CSX
Transportation, Inc to reduce administrative and maintenance costs
associated with annual billing for two of the City's water main crossings of
the railroad at Inkster and Merriman Roads, the Council does hereby
approve the Supplemental Agreement in the manner and form herein
submitted, and the Mayor and City Clerk are hereby authorized to execute
the Supplemental Agreement, for and on behalf of the City of Livonia, with
CSX Transportation, Inc. and to do all other things necessary or incidental
to the full performance of this resolution
33712
Regular Meeting of September 11, 2002
CR 478-02 RESOLVED, that having considered a communication from
the City Engineer, dated August 22, 2002, approved for submission by the
Mayor, wherein it is requested that Trillium Court be opened for use as an
exit to the west via Norwich Road for the Livonia Public Schools to create
a bus stop at the corner of Trillium and Parkside, the Council does hereby
concur in and approve this request in the manner and form herein
submitted, subject to construction traffic to remain restricted to the new
site subdivision area only
CR 479-02 RESOLVED, that having considered the report and
recommendation of the Director of Public Works and the City Engineer,
dated August 22, 2002, approved for submission by the Mayor, with
regard to a request from the Wayne County Department of Public Services
that the City take jurisdiction and control of a section of 4" diameter storm
sewer as part of the development of the commercial property located at
19651 Middlebelt Road, on the west side of Middlebelt Road, north of St.
Martins Avenue, in the Southeast 1/4 of Section 2, the Council does
hereby determine as follows
1 To advise the Wayne County Department of Public Services (Permit
Section) that the City of Livonia has approved the storm sewer site
plans, and further that the City will accept jurisdiction and
maintenance (at no expense to the County) of approximately 10 If of
4" diameter storm sewer adjacent to the Middlebelt Road right-of-way
in connection with the development of the aforementioned site
located on the west side of Middlebelt Road, north of St. Martins
Avenue, in the Southeast 1/4 of Section 2 (See attached letter from
D & D Landhold LLC, dated August 23, 2002, indicating its
willingness to reimburse the City for any such maintenance that may
become necessary )
2 To authorize the City Engineer to execute a Wayne County permit on
behalf of the City of Livonia in connection with the above storm sewer
construction
CR 480-02 RESOLVED, that having considered a communication from
the Department of Law, dated August 13, 2002, approved for submission
by the Mayor, to which is attached a letter from Gregory Matteson,
Commercial Special Assets Officer for Standard Federal Bank, dated June
25, 2002, the Council does hereby determine to decline the offer of
Barbara A. Finn and Standard Federal Bank for the donation of property
located at 15150 Levan Road, Livonia, Michigan 48154, (Sidwell No 046-
077-99-0012-006) for the reasons indicated in the aforementioned
communication
Ether,
33713
Regular Meeting of September 11, 2002
CR 481-02 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 Monday,
October 21, 2002 at 7 00 p m at the City Hall, 33000 Civic Center Drive,
Livonia, Michigan, with respect to the following items
(1) Petition 2002-06-01-09, submitted by Eddi Ayyash for a change of
zoning of property located on the west side of Wayne Road
between Ann Arbor Trail and Edward Hines Drive in the Southwest
1/4 of Section 33 from C-1 to R-8, the City Planning Commission in
its resolution 08-97-2002 having recommended to the City Council
that Petition 2002-06-01-09, as amended so as to rezone this
property to R-7, be approved, and
(2) Petition 2002-07-01-10, submitted by Henry Mark Stein and
Jacalyn Newman Simon for a change of property located on the
east side of Newburgh Road between Five Mile and Ladywood
Roads (15552 Newburgh Road) in the Southwest 1/4 of Section 17
from R-2A to OS, the City Planning Commission in its resolution 08-
98-2002 having recommended to the City Council that Petition
2002-07-01-10 be denied,
FURTHER, the City Clerk is hereby requested to, no less than fifteen (15)
days prior to the aforesaid date of said public hearing, cause to have a
statement indicating the (a) nature of the proposed amendments to the
Zoning Ordinance, and/or (b) location of the proposed changes of zoning
as set forth above, first to be published in the official newspaper of the City
or a newspaper of general circulation in the City of Livonia as well as to,
not less than fifteen (15) days prior to said public hearing, cause to have
notice to be given by certified mail to each public utility company and to
each railroad company owning or operating any public utility or railroad
within the districts or zones affected, and further, the City Clerk is
requested to do all other things necessary or incidental to the full
performance of this resolution
CR 482-02 RESOLVED, that having considered a communication from
Gregory Wilson Davis, dated August 30, 2002, which in accordance with
the provisions of Section 19 08 of Ordinance 543, as amended, the Zoning
Ordinance, takes an appeal from a determination made on August 20,
2002 by the City Planning Commission in its resolution 08-101-2002 with
regard to Petition 2002-07-02-13 submitted by Gregory W Davis, on
behalf of Greg Davis Landscaping, requesting waiver use approval to
permit outside storage of trucks, trailers and equipment in connection with
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Regular Meeting of September 11, 2002
a landscaping maintenance business located on the west side of Fremont
Avenue between Eight Mile Road and Morlock Avenue in the Northeast
1/4 of Section 2, which property is zoned M-1, the Council does hereby
designate Monday, October 21, 2002, at 7 00 p m as the date and time
for conducting a public hearing with regard to this matter, such hearing to
be held at the City Hall, 33000 Civic Center Drive, Livonia, Michigan, and
the City Clerk is hereby requested to do all things necessary in order to
give proper notice in writing, as well as by the publication of a notice in the
City's official newspaper of such hearing and the date and place thereof, in
compliance with the requirements set forth in Ordinance 543, as
amended, the Zoning Ordinance of the City of Livonia
A roll call vote was taken on the foregoing resolutions with the following result:
AYES Knapp, Vandersloot, Dolan, Taylor, Laura, Brosnan and
Engebretson
NAYS None
On a motion by Brosnan, seconded by Taylor, and unanimously adopted,
it was
CR 483-02 RESOLVED, that having considered the report and
recommendation of the Legislative Committee, dated August 26, 2002,
submitted pursuant to Council Resolution 69-02, regarding the issue of
changing the Zoning Ordinance relative to notification requirements for
site plan modifications, the Council does hereby determine to take no
further action with regard to this matter
On a motion by Brosnan, seconded by Dolan, and unanimously adopted,
it was
CR 484-02 RESOLVED, that having considered the report and
recommendation of the Legislative Committee, dated August 26, 2002,
submitted pursuant to Council Resolution 69-02, regarding the issue of
changing the Zoning Ordinance relative to notification requirements for
site plan modifications, the Council does hereby refer the subject of
educating citizens on "How Livonia Government Works" to the Mayor for a
report and recommendation
On a motion by Brosnan, seconded by Dolan, and unanimously adopted,
it was
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Regular Meeting of September 11, 2002
CR 485-02 RESOLVED, that having considered the report and
recommendation of the Legislative Committee, dated August 26, 2002,
submitted pursuant to Council Resolution 69-02, regarding the issue of
changing the Zoning Ordinance relative to notification requirements for
site plan modifications, the Council does hereby refer the subject of a
"Council Night In" to the Committee of the Whole for its report and
recommendation
On a motion by Knapp, seconded by Laura, it was
RESOLVED, that having considered the report and
recommendation of the Legislative Committee, dated August 26, 2002,
submitted pursuant to Council Resolution 69-02, regarding the issue of
changing the Zoning Ordinance relative to notification requirements for
site plan modifications, the Council does hereby refer the subject of
improving the notification process and extending notification limits
regarding rezoning petitions to the Mayor for a report and
recommendation
A roll call vote was taken on the foregoing resolution with the following result:
AYES Knapp, Vandersloot and Laura
NAYS Dolan, Taylor, Brosnan and Engebretson
The President declared the resolution failed
A communication from the Planning Department, dated July 26, 2002, re
site plan notification, and the Planning Commission's concurrence with the Law
Department that no change to the current procedure is necessary, was received and
placed on file for the information of the Council (CR 68-02)
A communication from the Department of Law, dated March 13, 2002, re
notice of proposed site plan amendments, and their recommendation that no changes
be made to this procedure, was received and placed on file for the information of the
Council (CR 68-02)
On a motion by Brosnan, seconded by Taylor, and unanimously adopted,
Lit was
33716
Regular Meeting of September 11, 2002
CR 486-02 RESOLVED, that having considered the report and
recommendation of the Department of Law, dated April 9, 2002,
which bears the signature of the Finance Director and is approved
for submission by the Mayor, the Council does hereby establish the
following fees as of March 1, 2002 for Telecommunications Permit
Applications and annual maintenance fees for access to and use of
public rights-of-way by telecommunications providers
Telecommunications Permit Application Fee $500 00
Annual Maintenance Fees
For the period up to November 1, 2002 0 02
per linear foot of public right-of-way occupied by the
provider's facilities
For the period after November 1, 2002
fees and charges shall not exceed those established in
PA 48 of 2002 that shall be paid to the State of Michigan
Metropolitan Extension Telecommunications Rights-
of-Way Oversight Authority on April 29, 2003 and
each year thereafter
FURTHER, the Council does hereby rescind and repeal Council
Resolution Nos 283-00 and 172-01, adopted on April 19, 2000 and March
19, 2001
On a motion by Brosnan, seconded by Taylor, and unanimously adopted,
it was
CR 487-02 RESOLVED, that having considered the report and
recommendation of the Legislative Committee, dated August 26, 2002,
submitted pursuant to Council Resolution 256-02, in connection with the
establishment of revised fees for telecommunications permit applications
and for access to and use of public rights-of-way by telecommunications
providers, the Council does hereby refer the subject of the types and
amounts of bonds which should be posted in connection with the
construction of telecommunication facilities to the Department of Law for
its report and recommendation
On a motion by Brosnan, seconded by Laura, and unanimously adopted, it
was
CR 488-02 RESOLVED, that having considered the report and
recommendation of the Legislative Committee, dated August 26, 2002,
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Regular Meeting of September 11, 2002
submitted pursuant to Council Resolution 256-02, in connection with the
establishment of revised fees for telecommunications permit applications
and for access to and use of public rights-of-way by telecommunications
providers, the Council does hereby refer the subject of amounts owed and
paid by existing telecommunications providers in the City of Livonia to the
Department of Law for its report and recommendation
On a motion by Brosnan, seconded by Laura, and unanimously adopted, it
was
CR 489-02 RESOLVED, that having considered the report and
recommendation of the Department of Law, dated April 9, 2002, which
bears the signature of the Finance Director and is approved for
submission by the Mayor, regarding annual fees paid by TCG Detroit in
March, 2002 for access to and use of public rights-of-way, the Council
does hereby request that the Finance Department take all steps
necessary to process a refund to TCG Detroit for the amount of annual per
foot fees paid in March, 2002 which exceeded 2 cents per linear foot of
public right-of-way occupied by TCG Detroit's facilities
On a motion by Brosnan, seconded by Laura, and unanimously adopted, it
was
CR 490-02 RESOLVED, that having considered the report and
recommendation of the Department of Law, dated April 9, 2002, which
bears the signature of the Finance Director and is approved for
submission by the Mayor, regarding annual fees paid by
telecommunications providers for access to and use of public rights-of-
way, the Council does hereby request that the Finance Department
prepare revised invoices to be sent to telecommunications providers that
have received telecommunications permits from the City of Livonia to
reflect reduced per linear foot annual fees of 2 cents per linear foot of
public right-of-way occupied by the provider's facilities
On a motion by Vandersloot, seconded by Taylor, and unanimously
adopted, it was
CR 491-02 RESOLVED, that having considered the report and
recommendation of the Capital Improvement Committee, dated August 27,
2002, submitted pursuant to Council Resolution 349-02, in connection with
the request for exemption for the Livonia Community Recreation Center
from the City's Grid Policy for non-profit and charitable organizations, the
Council does hereby concur in the recommendation of the Parks and
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Regular Meeting of September 11, 2002
Recreation Commission as set forth in its resolution 2599-02, adopted on
June 12, 2002, and hereby determines that the Livonia Community
Recreation Center shall be exempt from the City's grid policy regarding
p non-profit and charitable organizations
On a motion by Vandersloot, seconded by Brosnan, and unanimously
adopted, it was
CR 492-02 RESOLVED, that having considered the report and
recommendation of the Capital Improvement Committee, dated August 27,
2002, submitted pursuant to Council Resolution 352-02, in connection with
the proposed policy for the establishment and enactment of activity and
program fees at the Livonia Community Recreation Center, the Council
does hereby concur in the recommendation of the Parks and Recreation
Commission as set forth in its resolution 2597-02 and 2598-02, adopted
on June 12, 2002, and hereby determines that the Parks and Recreation
Commission shall be allowed to set activity and program fees for the
Livonia Community Recreation Center; FURTHER, the Council does
hereby approve activity and program fees for the Livonia Community
Recreation Center as set forth in the attachment to Parks and Recreation
Commission Resolution 2598-02
A communication from the Department of Finance, dated August 28, 2002,
re estimated expenditures for the Livonia Community Recreation Center, was received
and placed on file for the information of the Council
On a motion by Vandersloot, seconded by Brosnan, and unanimously
adopted, it was
CR 493-02 RESOLVED, that having considered the report and
recommendation of the Capital Improvement Committee, dated August 27,
2002, submitted pursuant to Council Resolution 353-02, in connection with
the fee structure for daily, annual and multi-use passes for the Livonia
Community Recreation Center to allow the facility to operate without any
General Fund subsidy, the Council does hereby concur in the
recommendation of the Parks and Recreation Commission as set forth in
its resolution 2596-02, adopted on June 12, 2002, 'and does hereby
approve the fee structure for daily, annual and multi-use passes for the
Livonia Community Recreation Center as set forth in the attachment to
Parks and Recreation Commission Resolution 2596-02
33719
Regular Meeting of September 11, 2002
A communication from an anonymous citizen, dated September 9, 2002,
re opposition to the request for a rezoning of the former Ardmore property, located on
Farmington Road between Seven Mile Road and Fargo Avenue, was received and
placed on file for the information of the Council (Petition 2002-06-01-08)
A communication from the Planning Department, dated September 5,
2002, re vacant office space in the City of Livonia is estimated at 13 1%, including
direct and sublet space, relative to a rezoning request of the former Ardmore property,
located on Farmington Road between Seven Mile Road and Fargo Avenue, was
received and placed on file for the information of the Council (Petition 2002-06-01-08)
A communication from the Planning Department, dated August 27, 2002,
re vacant office space in the City of Livonia is estimated at 10 6%, which is based on
direct space, relative to a rezoning request of the former Ardmore property, located on
Farmington Road between Seven Mile Road and Fargo Avenue, was received and
placed on file for the information of the Council (Petition 2002-06-01-08)
A communication from the Planning Department, dated August 19, 2002,
re a valid protest not being in effect relative to a rezoning request of the former
Ardmore property, located on Farmington Road between Seven Mile Road and Fargo
Avenue, was received and placed on file for the information of the Council (Petition
2002-06-01-08)
On a motion by Laura, seconded by Dolan, it was.
CR 494-02 RESOLVED, that having considered a communication from
the City Planning Commission, dated July 17, 2002, which sets forth its
resolution 07-82-2002, adopted on July 16, 2002, with regard to Petition
2002-06-01-08, submitted by Steven J Schafer, on behalf of Ardmore
Development, L.L.0 , for a change of zoning of property located on the
east side of Farmington Road between Seven Mile Road and Fargo
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Regular Meeting of September 11, 2002
Avenue in the West 1/2 of Section 3 (known as the Ardmore property),
from OS to RC and R-3A, and the Council having conducted a public
hearing with regard to this matter on August 13, 2002, pursuant to Council
Resolution 392-02, the Council does hereby refer this item 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 Knapp, Vandersloot, Dolan, Laura and Brosnan
NAYS Taylor and Engebretson
The President declared the resolution duly adopted
On a motion by Vandersloot, seconded by Brosnan, it was
CR 495-02 RESOLVED, that having considered a communication from
the City Planning Commission, dated July 17, 2002, which sets forth its
resolution 07-82-2002, adopted on July 16, 2002, with regard to Petition
2002-06-01-08, submitted by Steven J Schafer, on behalf of 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 (known as the Ardmore property),
from OS to RC and R-3A, and the Council having conducted a public
hearing with regard to this matter on August 13, 2002, pursuant to Council
Resolution 392-02, the Council does hereby approve Petition 2002-06-01-
08 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 No 543, as amended, in accordance with this resolution
A roll call vote was taken on the foregoing resolution with the following result:
AYES Knapp, Vandersloot, Dolan, Taylor, Brosnan and Engebretson
NAYS Laura
The President declared the resolution duly adopted
On a motion by Knapp, seconded by Brosnan, and unanimously adopted,
it was
33721
Regular Meeting of September 11, 2002
CR 496-02 WHEREAS, pursuant to Act No 198 of the Public Acts of
1974, as amended, this Council has the authority to establish industrial
development districts within the boundaries of the City of Livonia, and
WHEREAS, a proposal was made regarding the establishment of an
industrial development district encompassing land situated in the City of
Livonia and comprised of an area of 12 90 acres, more particularly
described in Exhibit A, attached hereto and incorporated by reference
herein, which area is hereinafter referred to as "City of Livonia Industrial
Development District No 86", and
WHEREAS, written notice has been given by certified mail to Leone
Enterprises, Inc., of the Council's pending action on this resolution and of
its right to a hearing on the establishment of proposed City of Livonia
Industrial Development District No 86, and
WHEREAS, notice has been given to all interested owners, residents and
taxpayers in the Livonia area of a public hearing on the establishment of
the proposed City of Livonia Industrial Development District No 86, and
WHEREAS, on August 19, 2002 a public hearing was held on the
establishment of proposed City of Livonia Industrial Development District
No 86, at which time Leone Enterprises, Inc and other taxpayers and
residents of the City of Livonia had an opportunity to be heard (a copy of
the statements both written and oral made at such hearing being on file
with this City Council), and a representative of Leone Enterprises, Inc.
attended said hearing and acknowledged receipt of notice of such hearing
on behalf of the said corporation,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
LIVONIA, AS FOLLOWS
1 An Industrial Development District is hereby established, such district
to consist of the area described in Exhibit A, attached hereto
2 Such Industrial Development District is hereby designated as the "City
of Livonia Industrial Development District No 86 "
EXHIBIT A
ADDRESS 30650 — 30660 Plymouth Road
City of Livonia
Wayne County, Michigan 48150
S I DW E L L. 103-99-0029-000
LEGAL: Land located in the City of Livonia, Wayne County, Michigan,
described as
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Regular Meeting of September 11, 2002
Part of the southwest quarter Section 26, TI S, R9E
Described as beginning at a point on the south line of said section
distant E 1312 40 ft. from the southwest corner of Section 26 and
proceeding thence East 500 0 ft., thence N 00°14'30" W 1000 0 ft.,
thence West 397 0 ft., thence N 23°13'55" W 217 65 ft., thence N
00°14'00" W 430 30 ft., thence N 06°11'20" E 125 0 ft., thence N
00°14'30" W 520 0 ft., thence N 40°29'40" E 410 69 ft., thence N
89°55'30" W along the South line of Chesapeake and Ohio RR Rights
of Way 300 ft., thence S 00°14'30" E 2592.28 ft. to Point of Beginning
excluding the south 60ft. thereof 12 90 acres
Subject to the rights of the public and any governmental unit in any
part thereof, taken used or deeded for street, road or highway
purposes
During the audience communication portion of the agenda at the end of
the meeting, Kim Naccashian, 32750 Norfolk, 48152, asked for an explanation of what
the council resolutions passed at this evening's meeting regarding the Ardmore property
meant.
Councilmember Knapp congratulated St. Mary Antiochian Orthodox
Church on the consecration of their new basilica
Councilmember Taylor wished a "Happy Birthday" to Barbara Kurzeja,
Clerk Typist I, in the City Council office
On a motion by Brosnan, seconded by Dolan, and unanimously adopted,
this 1,472nd Regular Meeting of the Council of the City of Livonia was adjourned at
9 44 p m , September 11, 2002
YL
can McCotter, City Clerk