HomeMy WebLinkAboutCOUNCIL MINUTES 2001-10-10 33218
MINUTES OF THE ONE THOUSAND FOUR HUNDRED FIFTIETH
REGULAR MEETING OF OCTOBER 10, 2001
On October 10, 2001, the above meeting was held at the City Hall,
33000 Civic Center Drive, Livonia, Michigan, and was called to order by the
President of the Council at 8 00 p m Councilmember Laura delivered the
invocation
Roll was called with the following result: Joe Laura, Jack
Engebretson, Val I Vandersloot, John Walsh, John Pastor, Brian Duggan and
Maureen Miller Brosnan
Absent: None
Elected and appointed officials present: Jack E Kirksey, Mayor;
John Hill, Assistant City Engineer; Mark Taormina, City Planner; Sean Kavanagh,
City Attorney; Mary Rutan, Human Resources Director and Karen Szymula,
Director of Legislative Affairs
On a motion by Duggan, seconded by Pastor, it was
CR 620-01 RESOLVED, that the minutes of the 1,449th Regular
Meeting of the Council held September 26, 2001 are hereby
approved as submitted
AYES Laura, Engebretson, Walsh, Pastor, Duggan and Brosnan
NAYS None
PRESENT Vandersloot
On a motion by Laura, seconded by Engebretson, and unanimously
adopted, it was
CR 621-01 RESOLVED, that upon the recommendation of
Councilmember Laura, regarding compensation for City employees
when they are activated for military duty, the Council does hereby
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determine to refer this subject matter to the Legislative Committee
for a report and recommendation
On a motion by Laura, seconded by Engebretson, and unanimously
adopted, it was
CR 622-01 RESOLVED, that upon the recommendation of
Councilmember Laura, regarding compensation for City employees
when they are activated for military duty, the Council does hereby
determine to refer this subject matter to the Mayor for a report and
recommendation
During the audience communication portion of the agenda,
Councilmember Duggan wished a belated "Happy Birthday" to Bonnie Johnson,
Technical Specialist in the Council Office, who celebrated her birthday on
October 6, 2001
Council President Brosnan stated that City Clerk Joan McCotter was not present
at the meeting because of a pulled leg muscle
A communication from the Department of Finance, dated
September 20, 2001, re forwarding various financial statements of the City of
Livonia for the month ending August 31, 2001, was received and placed on file
for the information of the Council
A communication from Lorna Schaffer, 11905 Merriman Road,
Livonia, 48150, dated October 9, 2001, re her support of modifying the City's
dog leash ordinance to be as restrictive as the State law, was received and
placed on file for the information of the Council (Agenda Item #3)
A communication from Joan Mueller, 11415 Arden Street, Livonia,
48150, dated October 9, 2001, re her desire to have the City's dog leash
ordinance remain as it is, was received and placed on file for the information of
the Council (Agenda item #3)
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An e-mail communication from Gini Krenz, dated October 8, 2001,
re her request to make the public aware of the ordinance pertaining to cats
being under control, was received and placed on file for the information of the
Council (Agenda Item #3)
On a motion by Duggan, seconded by Pastor, it was
CR 623-01 RESOLVED, that having considered a letter from
Elizabeth Juntunen, Member of The Determined Renaissance of
the American Singer (a canary bred for its song) through Growth
and Organization of the Novice, Chapter 22 of the American
Singers Club, Inc. (D R.A.G N ), dated September 12, 2001,
requesting permission to display 2' x 18" signs advertising their
20th annual show at the Holy Cross Lutheran Church to be
conducted on Saturday, November 10, 2001, which signs would be
installed on Friday, November 9, 2001, and removed at the
conclusion of the show on November 10, 2001, at the following
locations
One skin.
Five Mile and Farmington (N E corner)
Five Mile and Middlebelt (N E corner)
Six Mile and Inkster (N W corner)
Seven Mile and Farmington (S W corner)
Seven Mile and Merriman (S W corner)
Seven Mile and Middlbelt (S W corner)
Two signs. Six Mile and Farmington (S E and N W corners)
Four Signs.
Six Mile and Merriman (NW , NE , SW , and S E corners)
Six Mile and Middlebelt (NW , N E , S W , and S E corners)
the Council does hereby approve and grant this request in the
manner and form herein submitted
CR 624-01 RESOLVED, that having considered a letter from Sue
Mahoney, Chairperson of the Clarenceville Athletic Booster Club,
dated September 18, 2001, requesting permission to display wire
signs announcing the Holiday Boutique to be held by the
Clarenceville Athletic Booster Club on Saturday, November 10,
2001, which signs are to be 22" x 14" in size and which will be
displayed at all major intersections in the City from Saturday,
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October 27, 2001, through November 12, 2001, the Council does
hereby grant and approve this request in the manner and form
herein submitted
CR 625-01 RESOLVED, that having considered a letter from
John D Gleason, dated September 10, 2001, requesting to modify
the City's dog leash ordinance to bring it in line with State law and
to require dogs to be on a leash, the Council does hereby refer this
matter to the Law Department for its report and recommendation
CR 626-01 RESOLVED, that having considered a letter from
John D Gleason, dated September 10, 2001, requesting to modify
the City's dog leash ordinance to bring it in line with State law and
to require dogs to be on a leash, the Council does hereby refer this
matter to the Legislative Committee for its report and
recommendation
CR 627-01 RESOLVED, by the City Council of the City of Livonia,
that the annual Christmas Parade be, and hereby is approved for
Saturday, November 17, 2001, beginning at 9 00 a m , and the
Michigan Department of Transportation (MDOT) is hereby
requested to allow the City of Livonia to close Plymouth Road from
Merriman Road to Middlebelt Road between the hours of 8 30 a.m.
and 11 00 a m or until the road is returned to normal traffic
operation, that the City of Livonia will assume liability for any
damage claims which may arise as a result of the road closure as
to the State of Michigan only; and that Lieutenant Kevin I Dawley is
hereby designated and authorized to sign the road closure permit
on behalf of the City of Livonia
A communication from the Livonia Housing Commission, dated
September 11, 2001, re. Audit Report for fiscal year ending December 31, 2000,
was received and placed on file for the information of the Council
CR 628-01 RESOLVED, that having considered a communication
from the Information Systems Manager and the Finance Director,
dated September 17, 2001, approved for submission by the Mayor,
the Council does hereby approve the bid of Pinnacle
Communications, Inc., 410 Fame Road, Dayton, Ohio 45449, in the
amount of $74,165 00 for supplying the City with a wireless wide
area network, the same having been in fact the lowest bid received
and meets specifications, FURTHER, the Council does hereby
authorize the expenditure of a sum not to exceed $74,165 00 from
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the funding sources listed in the foregoing communication for the
purpose, FURTHER, the Council does hereby determine as follows
1 To authorize the purchase of PriorityPlus Warranty from the
aforesaid bidder in the amount of $3,600 00, the same to be
expended from Account No 101-915-851-010 (Computer
Hardware Maintenance Account),
2. To grant permission to mount necessary equipment on the
City's communications tower; and
3 To authorize the Mayor and City Clerk to execute
Agreements, for and on behalf of the City of Livonia with the
aforesaid bidder, subject to approval as to form by the
Department of Law
CR 629-01 RESOLVED, that having considered the report and
recommendation of the Director of Public Works and the City
Engineer, dated September 12, 2001, 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 to be constructed
within the Five Mile Road right-of-way, as part of the re-development
of the commercial property located on the north side of Five Mile
Road, west of Middlebelt Road (29500 Five Mile Road) in the
Southeast 1/4 of Section 14, 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 40 I f of 4" storm sewer within the Five Mile
Road right-of-way in connection with the re-development of
the aforementioned site located on the north side of Five
Mile, west of Middlebelt Road in the Southeast 1/4 of Section
14 (See attached letter from CVS Realty Company, dated
August 24, 2001, 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 630-01 RESOLVED, that having considered a communication
from the City Planning Commission, dated July 26, 2001, which
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transmits its resolution 7-120-2001, adopted on July 24, 2001, with
regard to Petition 01-7-SN-1, submitted by Stuart Frankel, on behalf
of Realty Development Company, requesting approval for signage
for the Victor 3 Office Building located at Victor Parkway and
Pembroke Street (20000 Victor Parkway) in the Northeast 1/4 of
Section 6, the Council does hereby concur in the recommendation
of the Planning Commission and Petition 01-7-SN-1 is hereby
approved, subject to the following conditions
1 That the Sign Package submitted by Realty Development
Company, as received by the Planning Commission on July
2, 2001, is hereby approved and shall be adhered to,
2 That these ground signs shall not be illuminated beyond one
(1) hour after this office building closes,
3 That any additional signage shall come back before the
Planning Commission and City Council for their review and
approval, and
4 That this approval is subject to the petitioner being granted a
variance from the Zoning Board of Appeals for tenant
identification on a business center sign and any conditions
L1. related thereto
CR 631-01 RESOLVED, that having considered a communication
from the Planning Commission, dated September 19, 2001, which
transmits its resolution 9-141-2001, adopted on September 18,
2001, with regard to Petition 01-7-2-13, submitted by Tennyson
Chevrolet, Inc. requesting waiver use approval to operate a used
car lot proposed to be located on the north side of Plymouth Road
between Mayfield Avenue and Hubbard Avenue in the Southwest 1/4
of Section 27, which property is zoned C-2, the Council does
hereby concur in the recommendation made by the City Planning
Commission and Petition 01-7-2-13 is hereby approved and
granted, subject to the following conditions
1 That the Site Plan marked Sheet 1 of Job No 01019,
prepared by Joseph Philips-Architect, LLC, dated September
13, 2001, is hereby approved and shall be adhered to,
2 That the Landscape Plan marked Sheet 1 submitted by
Tennyson Chevrolet dated September 12, 2001, is hereby
approved and shall be adhered to,
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3 That the Floor Plan and Elevations drawing marked Sheet 2
of Job No 01019, prepared by Joseph Philips-Architect,
LLC, dated September 13, 2001, is hereby approved and
shall be adhered to,
4 That the brick used in the construction of the building shall
be full-face four (4") inch brick, no exceptions,
5 That all pole-mounted light fixtures, as depicted in the detail
shown on the Floor Plan and Elevations drawing, shall be
shielded from adjacent properties and shall not exceed a
maximum overall height of twenty (20') feet above grade,
6 That the fence on the north property line shall be repaired to
the satisfaction of the Inspection Department;
7 That the parking areas shall be double striped,
8 That this approval is subject to the petitioner being granted
variances for the seven (7) parallel parking spaces within
twenty (20') feet of the Mayfield Avenue right-of-way line,
and for the two (2') foot deficiency in the width of the parking
aisle adjacent to the parallel parking spaces, and to allow the
seven (7') foot privacy fence within a portion of the required
sixty (60')foot front yard,
9 That this approval shall incorporate the following comments
listed in the correspondence dated August 3, 2001 from the
Traffic Bureau,
- That handicap space shall be moved to the south side of
the building closer to the entrance of the building,
- That no offloading of car haulers shall take place within
the public right-of-way;
10 That the following maintenance items as listed in the
correspondence dated July 30, 2001, from the Engineering
Division shall be accomplished to that Department's
satisfaction
That the storm manhole in the existing asphalt
parking lot shall be repaired or reconstructed,
That the existing sidewalk ramp along Plymouth Road
leading onto Mayfield Avenue shall be replaced,
33225
- That the approach onto Plymouth Road shall be
replaced,
11 That there shall be no outdoor storage of auto parts, spare
equipment, scrap material, debris or other similar items
generated by the subject use,
12 That no signs, either freestanding or wall mounted, are
approved with this petition, all such signage shall be
separately submitted for review and approval by the
Planning Commission and City Council,
13 That the elevated outdoor display of vehicles on lifts, ramps
or other similar apparatus is prohibited,
14 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;
15 That the removal of the existing used vehicle sales office
shall require the submission of a revised Site Plan for the
original Tennyson dealership property and shall address
issues related to vehicle display, storage and additional
landscaping, and
16 That a seven (7') foot white vinyl fence be installed on the
east and north property line
CR 632-01 RESOLVED, that having considered a communication
from the City Planning Commission, dated August 28, 2001, which
transmits its resolution 8-133-2001 adopted on August 21, 2001,
with regard to Petition 91-7-8-13, submitted by American Tower,
requesting site plan approval to expand the area previously
approved for a monopole and equipment shed at property located
at 17217 Middlebelt in the Southeast 1/4 of Section 11, pursuant to
the provisions set forth in Section 18 47 of Ordinance No 543, as
amended, the Council does hereby concur in the recommendation
of the Planning Commission and Petition 91-7-8-13 is hereby
approved and granted, subject to the following conditions
1 That the Site Plan marked Sheet 1 dated 8/20/01, as
revised, prepared by Midwestern Consulting, is hereby
approved and shall be adhered to,
33226
2 That the Utility, Grading and Landscape Plan marked Sheet
2 dated 8/20/01 , as revised, prepared by Midwestern
Consulting, 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 all outdoor storage or placement of merchandise shall
be defined to the 50 ft. by 39 5 ft. concrete pad that is to be
constructed behind the building and is denoted on the
approved Site Plan as "Designated Outside Storage Area",
6 That this storage area shall be screened from public view by
a 6 ft. high solid fence,
7 That no items or equipment within this storage area shall be
stacked higher than 6 ft. in height and shall not be visible
from outside the fenced in area,
8 That the petitioner shall correct to the Inspection
Department's satisfaction the following, as outlined in the
correspondence dated April 6, 2001
that the existing rusting plumbing parts, deteriorated
pallets and wood piles shall be removed and the
grass area behind the main building shall be cleaned
up and brought back to its natural state,
that the barbed wire shall be removed from the fence,
that the slats in the fence on the north side of the
main building shall be removed,
9 That the entire parking lot shall be repaired, resealed and
doubled striped,
10 That all handicap spaces shall be identified and comply with
the Michigan Barrier Free Code,
33227
11 That the Exterior Building Elevation Plan for the antenna
equipment shed dated 4/14/01, as revised, prepared by
Professional Engineering Associates, is hereby approved
and shall be adhered to,
12 That no signs, either freestanding or wall mounted, are
approved with this petition,
13 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
14 That additional screening and landscaping will be added
between the fence and the employee parking area
CR 633-01 WHEREAS, the City of Livonia has received a request
from Laurence R. Goss, Member, Pinnacle Auburn Hills, LLC,
dated September 18, 2001, 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 14 38 acres lying in the Southeast
1/4 of Section 6 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 85",
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 85
2 This City Council sets Wednesday, November 14, 2001 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
33228
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 Laura, Engebretson, Vandersloot, Walsh, Pastor, Duggan
and Brosnan
NAYS None
On a motion by Laura, seconded by Pastor, and unanimously
adopted, it was
CR 634-01 RESOLVED, that having considered the report and
recommendation of the Streets, Roads and Plats Committee, dated
September 19, 2001, submitted pursuant to Council Resolution
499-99, regarding the subject of establishing a program for street
replacement and/or repair and a proposed method of funding such
improvements including a proposed road classification cost share
plan and recommended Special Assessment District contribution
rates, the Council does hereby set Wednesday, November 28,
2001, at 7 00 p m as the date and time for a public hearing in order
to receive public comment on the proposed Special Assessment
District contribution rates for state thoroughfares, county roads, city
major roads, industrial/ commercial roads, Class I and II collector
roads and local roads, which public hearing shall be held before the
Council in the Livonia City Hall, 33000 Civic Center Drive, Livonia,
Michigan, and the City Clerk is hereby directed to publish a notice
of said public hearing at least once in the official newspaper of the
City of Livonia which is published and circulated generally in and
throughout the City, at least ten (10) days prior to the aforesaid
date of Wednesday, November 28, 2001, FURTHER, the Council
does hereby refer to and request that the Planning Commission
conduct a public hearing on the matter of updating the Master
Thoroughfare Plan to incorporate proposed changes in
transportation system road definitions as recommended by the
Director of Public Works and the City Engineer
On a motion by Laura, seconded by Pastor, and unanimously
adopted, it was
CR 635-01 RESOLVED, that having considered the report and
recommendation of the Streets, Roads and Plats Committee, dated
Stir September 19, 2001, submitted pursuant to Council Resolution
33229
499-99, the Council does hereby request that the Department of
Law prepare an appropriate amendment to Section 10 57 030 of
the Livonia Code of Ordinances regarding the designation of certain
truck routes by the Department of Public Works and to thereafter
submit same to the City Council for its consideration
On a motion by Laura, seconded by Engebretson, and unanimously
adopted, it was
CR 636-01 RESOLVED, that having considered the report and
recommendation of the Streets, Roads and Plats Committee, dated
September 19, 2001, submitted pursuant to Council Resolution
499-99, regarding a comprehensive City-wide street improvement
program, the Council does hereby refer the subject of a local bond
issue to fund such program and a possible limited term millage to
the Finance Department for a report and recommendation
On a motion by Laura, seconded by Pastor, and unanimously
adopted, it was
CR 637-01 RESOLVED, that having considered the report and
recommendation of the Streets, Roads and Plats Committee, dated
September 19, 2001, submitted pursuant to Council Resolution
499-99, regarding a comprehensive City-wide street improvement
program, the Council does hereby refer the subject of the
implementation of a task force or advisory committee to engage all
segments of the community to enable significant input into the
process of a comprehensive City-wide Street Improvement
Program to the Mayor for his report and recommendation
On a motion by Laura, seconded by Engebretson, and unanimously
adopted, it was
CR 638-01 RESOLVED, that having considered the report and
recommendation of the Streets, Roads and Plats Committee, dated
September 19, 2001, submitted pursuant to Council Resolution
499-99, regarding a comprehensive City-wide street improvement
program, the Council does hereby refer the subject of the possibility
of including trees and sidewalks in this program and a possible
millage to fund same to the Mayor for his report and
recommendation
On a motion by Laura, seconded by Walsh, and unanimously
33230
adopted, it was
CR 639-01 RESOLVED, that having considered the report and
recommendation of the Streets, Roads and Plats Committee, dated
September 19, 2001, submitted pursuant to Council Resolution
499-99, regarding a comprehensive City-wide street improvement
program, the Council does hereby refer the matter of the overall
timing of this process and the question of the appropriate date to
place this matter before the voters to the Mayor for its report and
recommendation
Mayor Kirksey spoke to the Council regarding the Pavement Management
Program and its many facets
Councilmember Engebretson gave first reading to the following
Ordinance
AN ORDINANCE AMENDING SECTION 020 OF
TITLE 15, CHAPTER 56 (PERMITS AND
INSPECTION FEES) OF THE LIVONIA CODE OF
ORDINANCES, AS AMENDED
The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in
the Office of the City Clerk and is the same as if word for word repeated herein
The above Ordinance was placed on the table for consideration at the next
regular meeting
A communication from the Civil Service Department, dated
September 27, 2001, re the approval of the proposed amendment to the
Retirement Plan Ordinance regarding re-employment of retirees by the Civil
Service Commission at its September 20, 2001 meeting, was received and
placed on file for the information of the Council
Councilmember Walsh took from the table, for second
reading and adoption, the following Ordinance
33231
AN ORDINANCE AMENDING SECTIONS 160 AND
290 AND ADDING SECTION 175 TO TITLE 2,
CHAPTER 96 (RETIREMENT PLAN) OF THE
LIVONIA CODE OF ORDINANCES, AS AMENDED
A roll call vote was taken on the foregoing Ordinance with the following result:
AYES Laura, Engebretson, Vandersloot, Walsh, Pastor, Duggan
and Brosnan
NAYS None
The President declared the foregoing Ordinance duly adopted, and would
become effective on publication
Councilmember Walsh took from the table, for second
reading and adoption, the following Ordinance
AN ORDINANCE ADDING SECTION 085 TO TITLE
2, CHAPTER 97 (DEFINED CONTRIBUTION
RETIREMENT PLAN) OF THE LIVONIA CODE OF
ORDINANCES, AS AMENDED
A roll call vote was taken on the foregoing Ordinance with the following result:
AYES Laura, Engebretson, Vandersloot, Walsh, Pastor, Duggan
and Brosnan
NAYS None
The President declared the foregoing Ordinance duly adopted, and would
become effective on publication
Councilmember Walsh took from the table, for second
reading and adoption, the following Ordinance
AN ORDINANCE ADDING CHAPTER 60 (MERCURY
THERMOMETERS) TO TITLE 8 OF THE LIVONIA
CODE OF ORDINANCES, AS AMENDED
A roll call vote was taken on the foregoing Ordinance with the following result:
33232
AYES Laura, Engebretson, Vandersloot, Walsh, Pastor, Duggan
Land Brosnan
NAYS None
The President declared the foregoing Ordinance duly adopted, and would
become effective on publication
Councilmember Engebretson took from the table, for second
reading and adoption, the following Ordinance
AN ORDINANCE AMENDING SECTION 4 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 01-1-1-1)
A roll call vote was taken on the foregoing Ordinance with the following result:
AYES Laura, Engebretson, Vandersloot, Walsh, Pastor, Duggan
and Brosnan
NAYS None
The President declared the foregoing Ordinance duly adopted, and would
become effective on publication
Councilmember Walsh took from the table, for second
reading and adoption, the following Ordinance
AN ORDINANCE AMENDING SECTION 14 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 01-4-1-4)
A roll call vote was taken on the foregoing Ordinance with the following result:
AYES Laura, Engebretson, Vandersloot, Walsh, Pastor, Duggan
and Brosnan
33233
NAYS None
The President declared the foregoing Ordinance duly adopted, and would
become effective on publication
Councilmember Duggan took from the table, for second
reading and adoption, the following Ordinance
AN ORDINANCE AMENDING SECTIONS 020, 030,
100 AND 120 AND REPEALING SECTIONS 040,050,
060, 070, 080, AND 085 OF TITLE 15, CHAPTER 16
(FIRE PREVENTION CODE) OF THE LIVONIA
CODE OF ORDINANCES, AS AMENDED
A roll call vote was taken on the foregoing Ordinance with the following result:
AYES Laura, Engebretson, Vandersloot, Walsh, Pastor, Duggan
and Brosnan
NAYS None
The President declared the foregoing Ordinance duly adopted, and would
become effective on publication
Councilmember Duggan took from the table, for second
reading and adoption, the following Ordinance
AN ORDINANCE ADDING CHAPTER 06 (COST
RECOVERY) TO TITLE 3 AND REPEALING
SECTION 170 OF TITLE 15, CHAPTER 16 (FIRE
PREVENTION CODE) OF THE LIVONIA CODE OF
ORDINANCES, AS AMENDED
A roll call vote was taken on the foregoing Ordinance with the following result:
AYES Laura, Engebretson, Vandersloot, Walsh, Pastor, Duggan
and Brosnan
NAYS None
The President declared the foregoing Ordinance duly adopted, and would
REVISED
33234
become effective on publication
A communication from Alex Cleveland, 15433 Green Lane, Livonia,
48154, dated October 10, 2001, re his opposition to the proposed James Town
Condominium Development at 27480 Five Mile Road, with a petition of 15
signatures also opposing the said development attached, was received and
placed on file for the information of the Council (Petition 00-6-1-13) (Petition
01-7-8-23)
On a motion by Engebretson, seconded by Duggan, it was.
CR 640-01 RESOLVED, that having considered a petition from
Alex Cleveland, 15433 Green Lane, Livonia, containing 15
signatures stating their opposition to Petition 00-6-1-13, submitted
by Joseph Trupiano, on behalf of the Marney Group, for a change
of zoning of property located on the north side of Five Mile Road
between Foch Avenue and Green Lane, on which a First Reading
of a proposed Ordinance was given on September 26, 2001 by
Councilmember Walsh, the Council does hereby determine to refer
this matter to the Planning Department for a report and
recommendation to determine whether a valid protest exists
A roll call vote was taken on the foregoing resolution with the following result:
AYES Laura, Engebretson, Vandersloot, Walsh, Duggan and
Brosnan
NAYS Pastor
The President declared the resolution duly adopted
Joseph Trupiano, 37192 Fairfax, Livonia, spoke to the Council regarding the
rezoning petition and answered their questions
Troy Buono, 15440 Foch, Livonia, 48154, spoke to the Council regarding his
opposition to the rezoning (Petition 00-6-1-13) (Petition 01-7-8-23)
Alyce Brandon, 15458 Foch, Livonia, 48154, spoke to the Council regarding her
opposition to the rezoning (Petition 00-6-1-13) (Petition 01-7-8-23)
On a motion by Dugan, seconded by Vandersloot, it was
REVISED
33235
CR 641-01 RESOLVED, that having considered a petition from
Alex Cleveland, 15433 Green Lane, Livonia, containing 15
signatures stating their opposition to Petition 00-6-1-13, submitted
by Joseph Trupiano, on behalf of the Marney Group, for a change
of zoning of property located on the north side of Five Mile Road
between Foch Avenue and Green Lane, on which a First Reading
of a proposed Ordinance was given on September 26, 2001 by
Councilmember Walsh, the Council does hereby determine to refer
this matter to the Committee of the Whole for a report and
recommendation
A roll call vote was taken on the foregoing resolution with the following result:
AYES Engebretson, Vandersloot, Duggan and Brosnan
NAYS Laura, Walsh and Pastor
The President declared the resolution duly adopted
On a motion by Duggan, seconded by Vandersloot, it was
CR 642-01 RESOLVED, that having considered a communication
from the City Planning Commission, dated August 29, 2001, which
transmits its resolution 8-134-2001, adopted on August 21, 2001,
with regard to Petition 01-7-8-23 submitted by Marney Group,
requesting site plan approval in connection with a proposal to
construct a residential condominium development at 27480 Five
Mile Road in the Southeast 1/4 of Section 13, pursuant to the
provisions set forth in Section 18 58 of Ordinance No 543, as
amended, the Council does hereby refer this subject matter to the
Committee of the Whole for a report and recommendation
A roll call vote was taken on the foregoing resolution with the following result:
AYES Engebretson, Vandersloot, Duggan and Brosnan
NAYS Laura, Walsh and Pastor
The President declared the resolution duly adopted
A communication from James Warfield, dated October 10, 2001, re
his statement that the personal property tax balance will be paid in full at the time
of the real estate closing, relative to the transfer of a Class C license for
33236
Jonathon B Pub, 29568 Seven Mile Road, was received and placed on file for
the information of the Council
On a motion by Duggan, seconded by Pastor, it was
RESOLVED, that having considered a letter from the
Michigan Liquor Control Commission, dated June 11, 2001, and the
report and recommendation of the Deputy Chief of Police, dated
September 7, 2001, in connection with the request from James
Warfield to transfer ownership of a 2001 Class C licensed business
from Jonathon B Pub, 29568 W Seven Mile Road, Livonia,
Michigan, Wayne County, the Council does hereby deny this
request; and the City Clerk is hereby requested to forward a
certified copy of this resolution to the Michigan Liquor Control
Commission
On a motion by Engebretson, seconded by Vandersloot, it was
RESOLVED, that the City Council does hereby
determine, in lieu of the foregoing resolution, to substitute the following
RESOLVED, that having considered a letter from the
Michigan Liquor Control Commission, dated June 11, 2001, and the
report and recommendation of the Deputy Chief of Police, dated
September 7, 2001, in connection therewith, the Council does
hereby approve of the request from James Warfield to transfer
ownership of a 2001 Class C Licensed Business from Jonathon B
Pub, Livonia, Inc. for a business located at 29568 W Seven Mile
Road, Livonia, Michigan, Wayne County; and the City Clerk is
hereby requested to forward a certified copy of this resolution to the
Michigan Liquor Control Commission
A roll call vote was taken on the motion to substitute as follows
AYES Laura, Engebretson, Vandersloot, Walsh and Brosnan
NAYS Pastor and Duggan
The President declared the motion to substitute adopted
A roll call vote was then taken on the proposed substitute resolution by
Engebretson, seconded by Vandersloot, as follows
CR 643-01 RESOLVED, that having considered a letter from the
Michigan Liquor Control Commission, dated June 11, 2001, and the
33237
report and recommendation of the Deputy Chief of Police, dated
September 7, 2001, in connection therewith, the Council does
hereby approve of the request from James Warfield to transfer
ownership of a 2001 Class C Licensed Business from Jonathon B
Pub, Livonia, Inc for a business located at 29568 W Seven Mile
Road, Livonia, Michigan, Wayne County; and the City Clerk is
hereby requested to forward a certified copy of this resolution to the
Michigan Liquor Control Commission
AYES Laura, Engebretson, Vandersloot, Walsh and Brosnan
NAYS Pastor and Duggan
The President declared the resolution duly adopted
The petitioner was present at the meeting to answer questions of the Council
On a motion by Walsh, seconded by Pastor, and unanimously
adopted, it was
CR 644-01 RESOLVED, that having considered a letter from the
Michigan Liquor Control Commission, dated June 7, 2001, and the
report and recommendation of the Chief of Police, dated August 20,
2001, in connection therewith, approved for submission by the
Mayor, regarding a request from Aroma Stop, Inc for a new SDM
license to be located at 34731 Plymouth Road, Livonia, Michigan
48150, Wayne County, the Council does hereby recommend that
the Liquor Control Commission deny the said request for the
reasons set forth in the aforementioned report and recommendation
of the Chief of Police, and the City Clerk is hereby requested to
forward a certified copy of this resolution to the Michigan Liquor
Control Commission
Attorney Samir W Mashni, 27010 Joy Road, Redford, was present at the
meeting to request an approving resolution
On a motion by Duggan, seconded by Engebretson, and
unanimously adopted, it was
CR 645-01 RESOLVED, that having considered a
communication from the City Planning Commission, dated
June 15, 2001, which sets forth its resolution 6-95-2001
adopted on June 12, 2001, with regard to Petition 01-3-6-5,
submitted by the City Planning Commission, pursuant to
33238
Section 23 01(b) of Ordinance No 543, the Zoning
Ordinance of the City of Livonia, as amended, proposing to
amend Section 2 07 of Article II of the Zoning Ordinance,
Definitions Pertaining to Types of Dwellings, and Section
29 04 of Article XXIX of the Zoning Ordinance, Uses
permitted in the R-9 District, Housing for the Elderly, and the
Council having conducted a public hearing with regard to this
matter on Monday, September 17, 2001, pursuant to Council
Resolution 482-01, the Council does hereby approve
Petition 01-3-6-5 for preparation of the ordinance for
submission to Council, and the Department of Law is
requested to prepare an ordinance amending Ordinance
543, as amended in accordance with this resolution
On a motion by Vandersloot, seconded by Engebretson, it was.
RESOLVED, that having considered the report and
recommendation of the Director of Public Works and the City
Engineer, dated July 2, 2001, reviewed by the Finance Director and
approved for submission by the Mayor, submitted pursuant to
Council Resolution 171-01 and a subsequent communication from
the Director of Public Works and the City Engineer, dated August
21, 2001, approved for submission by the Mayor, regarding the
proposed installation of sidewalks on both sides of Merriman Road
from Seven Mile Road to Eight Mile Road, and a public hearing
having been held thereon on September 24, 2001, pursuant to
Council Resolution 511-01, after due notice as required by Title 3,
Chapter 08 of the Livonia Code of Ordinances, as amended, and
after careful consideration having been given to all such matters,
including the various objections, comments and observations of
individuals in attendance at such public hearing, the Council does
hereby determine to proceed no further with the single lot
assessment proceedings for the proposed improvement.
A roll call vote was taken on the foregoing resolution with the following result:
AYES Engebretson, Vanderloot and Brosnan
NAYS Laura, Walsh, Pastor and Duggan
The President declared the resolution failed
A communication from Patricia Wallace, 19730 Merriman Road,
i
Livonia, 48152 re her disagreement with the matter of installing sidewalks on
33239
Merriman Road between Seven and Eight Mile Roads, was received and placed
on file for the information of the Council
On a motion by Pastor, seconded by Walsh, it was
CR 646-01 RESOLVED, that having considered the report and
recommendation of the Director of Public Works and the City
Engineer, dated July 2, 2001, reviewed by the Finance Director and
approved for submission by the Mayor, submitted pursuant to
Council Resolution 171-01, and a subsequent communication from
the Director of Public Works and the City Engineer, dated August
21, 2001, approved for submission by the Mayor, regarding the
proposed installation of sidewalks on both sides of Merriman Road
from Seven Mile Road to Eight Mile Road, which sidewalk abuts a
road which is maintained by the State of Michigan or County of
Wayne and is proposed to be over one-half mile in length and
would abut more than 10 lots or premises, at the following
locations
Parcels of property and assessment, as outlined in the
Engineering Division's letter dated August 21, 2001, is
included herein by reference,
and a public hearing having been held thereon on September 24,
2001, pursuant to Council Resolution 511-01, the Council does
hereby require the respective owners of lots and premises referred
to above to construct and install sidewalks at such premises, and
the City Clerk is hereby requested to do all things necessary to
carry out the provisions of this resolution which is made pursuant to
Section 12 04 340 of Title 12, Chapter 04 of the Livonia Code of
Ordinances, as amended, FURTHER, said notice shall set forth
that the respective owners of lots and premises herein referred to
shall complete said sidewalks on or before June 1, 2002, after
which date the Engineering Department shall arrange for the
construction of the said sidewalks in accordance with Section
12 04 350 of the Livonia Code of Ordinances, as amended,
FURTHER, the Council does hereby appropriate and authorize an
advance in the amount of $43,483 04 from the General Obligation
Road Improvement Bond Issue for this purpose with the provision
that this bond issue be reimbursed at such time as funds are
available from that portion of the project which is to be financed by
single lot assessment at such time as funds are subsequently
received from the payment of bills and assessments by affected
property owners, FURTHER, the Council does hereby appropriate
and authorize the expenditure of a sum not to exceed $4,326 96
33240
from the Michigan Transportation Fund (Major Road Account) for
the City's portion of the cost of said improvement.
A roll call vote was taken on the foregoing resolution with the following result:
AYES Laura, Walsh, Pastor and Duggan
NAYS Engebretson, Vandersloot and Brosnan
The President declared the resolution duly adopted
A communication from Lillian and George Vitarelli, 33930 Lamoyne
Street, Livonia 48154, dated September 30, 2001, re their disappointment and
displeasure with the outcome of the public hearing held on September 24, 2001
relative to their request to rezone property located on the west side of Newburgh
Road between Schoolcraft Road and Perth Avenue, was received and placed on
file for the information of the Council (Petition 01-5-1-6)
A communication from the Planning Department, dated September
24, 2001, re a valid protest being in effect against the rezoning of property
located on the west side of Newburgh Road between Schoolcraft Road and Perth
Avenue, and a 3/4 majority roll call vote by Council being needed to approve the
proposed rezoning, was received and placed on file for the information of the
Council (Petition 01-5-1-6)
On a motion by Pastor, seconded by Duggan, and unanimously
adopted, it was
CR 647-01 RESOLVED, that having considered a communication
from the City Planning Commission, dated July 25, 2001, which
sets forth its resolution 7-110-2001, adopted on July 24, 2001, with
regard to Petition 01-5-1-6, submitted by George and Lillian
Vitarelli, for a change of zoning of property located on the west side
of Newburgh Road between Schoolcraft and Perth in the Southeast
1/4 of Section 19 from RUF to OS, and the Council having
33241
conducted a public hearing with regard to this matter on September
24, 2001, pursuant to Council Resolution 518-01, the Council does
hereby concur in the recommendation of the Planning Commission
and Petition 01-5-1-6 is hereby denied for the following reasons
1 That the proposed change of zoning would provide for a
further encroachment of non-residential zoning and land
uses into a predominantly residential area,
2 That there is no demonstrated need in this area for
additional uses such as are permitted in the OS zoning
district;
3 That the proposed change of zoning will be detrimental to
and not in harmony with the adjacent residential uses in the
area,
4 That the proposed change of zoning is contrary to the Future
Land Use Plan which designates the area as low density
residential, and
5 The proposed change of zoning would tend to encourage
future requests for similar zoning changes along the west
side of Newburgh Road immediately north of the subject
area.
Councilmember Duggan offered a motion to refer to the Committee of the Whole
for a report and recommendation the subject matter of utilizing a SDD liquor
license at a Rite-Aid of Michigan store located at 31245 W Eight Mile Road The
motion failed for lack of support. (Petition 00-10-2-31)
Councilmember Pastor offered a motion to deny the petition submitted by John J
Doyle, Doyle Group Attorneys, P C , on behalf of Rite-Aid of Michigan to utilize a
SDD liquor license at its store located at 31245 W Eight Mile Road The motion
failed for lack of support. (Petition 00-10-2-31)
On a motion by Laura, seconded by Duggan, it was
CR 648-01 RESOLVED, that having considered a communication
from the City Planning Commission, dated June 15, 2001, which
sets forth its resolution 6-91-2001 adopted on June 12, 2001, with
regard to Petition 00-10-2-31 submitted by Rite Aid of Michigan
requesting waiver use approval to utilize an SDD liquor license in
connection with its pharmacy business located on the south side of
Eight Mile Road between Merriman Road and Milburn Avenue in
the Northwest 1/4 of Section 2, which property is zoned C-2, and
33242
the Council having conducted a public hearing with regard to this
matter on September 24, 2001, pursuant to Council Resolution
571-01, the Council does hereby approve this petition
A roll call vote was taken on the foregoing resolution with the following result:
AYES Laura, Vandersloot, Walsh and Duggan
NAYS Engebretson, Pastor and Brosnan
The President declared the resolution duly adopted
On a motion by Pastor, seconded by Duggan, and unanimously
adopted, it was
CR 649-01 WHEREAS, the City Clerk has received an
Application for Industrial Facilities Exemption Certificate from Brian
S Brace for Permacel, dated August 20, 2001, covering new
industrial facilities to be located within City of Livonia Industrial
Development District No 81, 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 Permacel, the Assessor,
and a representative of each of the affected taxing units an
opportunity for a hearing on this Application and said hearing
having in fact been conducted at 7 00 p m., Monday, October 1,
2001 at the Livonia City Hall, 33000 Civic Center Drive, Livonia,
Michigan
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL
OF LIVONIA AS FOLLOWS
1 That the City Council, on the basis of the information
received from the applicant, Permacel, 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
33243
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 Permacel
covering new industrial facilities to be located within the City
of Livonia Industrial Development District No 81 for six (6)
years after completion
3 That in accordance with the requirements of Section 22, Act
198, P.A. 1974, as amended, wherein a letter of agreement
between the applicant and the City is required in order to
clarify the understanding and the commitment between the
applicant and the City upon approval of an Industrial Facility
Exemption Certificate, the Council hereby authorizes the
Mayor and City Clerk to sign such Letter of Agreement as
duly executed by the applicant and incorporate such Letter
of Agreement as part of the documentation required to
process Applications for Industrial Facility Exemption
Certificates
Brian Brace, petitioner, was present at the meeting to answer questions of the
Council
On a motion by Duggan, seconded by Pastor, and
unanimously adopted, it was
CR 650-01 RESOLVED, that having considered a letter from
Stan Anderson, President of Friends of the Barn, dated September
27, 2001, the Council does hereby take this means to indicate that
Friends of the Barn, Inc , is recognized as a non-profit organization
operating in the community, and the action herein being taken for
the purpose of affording Friends of the Barn an opportunity to
obtain a license from the State of Michigan to hold an upcoming
raffle, in accordance with provisions of State statute
Stan Anderson, 28428 Elmira, Livonia, 48150, representing Friends of the Barn,
was present at the meeting to answer questions of the Council
On a motion by Pastor, seconded by Duggan, and unanimously
adopted, it was
CR 651-01 RESOLVED, that having considered a letter from
Mary Fletcher, Lay Ministry Coordinator, Newburg United
33244
Methodist Church, received in the Office of the City Clerk on
October 2, 2001, which requests permission to display 20 signs to
advertise a Senior Housing Fair scheduled for Saturday, October
27, 2001, which signs are to be 18"x 24" in size, to be placed no
earlier than Saturday, October 20, 2001, and removed not later
than Sunday, October 28, 2001, at the following locations.
Ann Arbor Trail and Ann Arbor Road
1-275 and Ann Arbor Trail
Ann Arbor Trail and Wayne Road
Ann Arbor Trail and Newburgh
Ann Arbor Trail and Farmington
1-96 and Newburgh
1-96 and Farmington
Newburgh and 5 Mile
NewburgWand 6 Mile
Newburgh and Levan
the Council does hereby grant and approve this request in the
manner and form herein submitted
Mary Fletcher, representing Newburg United Methodist Church, 36500 Ann Arbor
Trail, Livonia, 48150, was present at the meeting to answer questions of the
Council
On a motion by Duggan, seconded by Pastor, and unanimously
adopted, this 1,450th Regular Meeting of the Council of the City of Livonia was
adjourned at 9'32 p m , October 10, 2001
-Mr&6L/7
kan McCotter, City Clerk