HomeMy WebLinkAboutCOUNCIL MINUTES 2003-09-24 34272
MINUTES OF THE ONE THOUSAND FOUR HUNDRED NINETY-SEVENTH
REGULAR MEETING OF SEPTEMBER 24, 2003
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On September 24, 2003, 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 delivered the invocation
Roll was called with the following result: Gerald Taylor, Joe Laura,
Donald Knapp, Val Vandersloot, Linda Dolan and Jack Engebretson
Absent: Maureen Miller Brosnan — family commitment
Elected and appointed officials present. Robert Schron, City Engineer;
Mark Taormina, City Planner; Sean Kavanagh, City Attorney; Joan McCotter, City Clerk
and Karen Szymula, Director of Legislative Affairs
On a motion by Taylor, seconded by Vandersloot, and unanimously
adopted, it was
CR 493-03 RESOLVED, that the minutes of the 1,496th Regular Meeting
of the Council held September 10, 2003, are hereby approved as
submitted
Roberta Sedestrom, 37637 Sherwood Ct., Livonia, 48154, spoke about
her concerns related to the Library's shortened hours
Victoria Kowaleski, 29960 Orangelawn, Livonia, 48150, gave a public
apology to the City for having an unauthorized sign on her lawn
On a motion by Knapp, seconded by Dolan, it was
CR 494-03 RESOLVED, that having considered a letter from Mary
Fletcher, Caring Connection Coordinator, on behalf of Newburg United
Methodist Church, received in the Office of the City Clerk on August 26,
2003, which requests permission to display approximately 14 signs
announcing a "From Grief to New Hope" event to be conducted at
Newburg United Methodist Church on Saturday, October 11, 2003, which
signs are to be 18"x 24" in size and which will be displayed at various
locations in the City of Livonia, no earlier than Saturday, October 4, 2003,
Regular Meeting of September 24, 2003 34273
and removed no later than Sunday, October 12, 2003, the Council does
hereby grant and approve this request in the manner and form herein
submitted
CR 495-03 RESOLVED, that having considered a letter from Sue
Mahoney, Chairperson of the Clarenceville Athletic Booster Club, dated
September 1, 2003, which requests permission to display wire signs
announcing the Holiday Boutique Arts and Crafts Show to be held by the
Clarenceville Athletic Booster Club on Saturday, November 8, 2003, which
signs are to be installed no earlier than Saturday, October 25, 2003, and
removed no later than Monday, November 10, 2003, at various locations
in the City, the Council does hereby grant and approve this request in the
manner and form herein submitted
CR 496-03 RESOLVED, that having considered a letter from Marjorie S
Lynch, Coordinator of Special Projects - Development for the Schoolcraft
College Foundation, dated September 4, 2003, wherein a request is
submitted to place 22" x 14" signs advertising a fall craft show to be
conducted on Saturday, November 8, 2003, and Sunday, November 9,
2003, 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 3, 2003, and removed no later than Monday,
November 10, 2003, at various locations in the City, the Council does
hereby grant and approve this request in the manner and form herein
submitted
CR 497-03 RESOLVED, that having considered a letter from Catherine
S Anderson, MOPS Coordinator, on behalf of St Edith and St. Kenneth
Parishes, dated September 5, 2003, which requests permission to display
14" x 23" signs announcing St. Edith's Mom-to Mom sale to be conducted
on Saturday, October 18, 2003, at various locations in the City, and a 2' x
3' sign to be located in front of the church, which signs are to be installed
no earlier than Friday, October 10, 2003, and removed no later than
Saturday, October 18, 2003, the Council does hereby grant and approve
this request in the manner and form herein submitted
CR 498-03 RESOLVED, that having considered a communication from
Peter J Komlen, 36318 Lyndon, Livonia, Michigan 48154, dated
September 12, 2003, with regard to an inoperable streetlight in front of his
residence, the Council does hereby refer this item to the Administration for
a report and recommendation
A presentation by Growth Works' Western Wayne Care Management
Organization, from Dale F Yagiela, Executive Director, dated August 11, 2003, re to
Regular Meeting of September 24, 2003 34274
update the Council on the Wayne County Juvenile Justice program, to identify efforts in
providing juvenile delinquency services through the Western Wayne Care Management
Organization, and to provide specific outcome data regarding the progress of Livonia
youth involved in this program, was received and placed on file for the information of the
Council
CR 499-03 RESOLVED, that having considered a communication from
the Mayor, dated September 3, 2003, which bears the signature of the
Director of Finance, and to which is attached an invoice with respect to the
City's membership dues for the Michigan Coalition to Protect Public
Rights-of-Way (PROTEC) for the period July 1, 2003, through June 30,
2004, the Council does hereby approve the payment of 2003-2004
membership dues for PROTEC in the amount of $25,000 00, FURTHER,
the Council does hereby authorize an expenditure in the amount of
$25,000 00 from funds already budgeted in Account No 297-751-958-000
(Dues and Subscriptions) for this purpose
CR 500-03 RESOLVED, that having considered a communication from
the Director of Community Resources, dated August 25, 2003, which
bears the signature of the Director of Finance and is approved for
submission by the Mayor, and to which is attached a proposed Agreement
between the City of Livonia and the Wayne County Office of Nutrition
Services for the distribution of U S D.A. TEFAP commodities to low
income residents through September 30, 2004, the Council does hereby
authorize the Mayor and City Clerk, for and on behalf of the City of
Livonia, to execute the said Agreement 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 501-03 RESOLVED, that having considered the report and
recommendation of the Director of Public Works and the City Engineer,
dated August 22, 2003, which bears the signature of the Director of
Finance and is approved for submission by the Mayor, the Council does
hereby accept the unit price bid of Kenneth R. Hartman, Inc , P 0 Box
902, Kankakee, Illinois 60901-0902, for completing all work required in
connection with proposal "A" (Hot Poured Rubber) for the 2003 Pavement
Crack and Joint Sealing Program (Contract 03-C), for the estimated total
cost of$163,600 00, and proposal "B" (Over Band) for this Program for the
estimated total cost of $44,120 00, FURTHER, the Council does hereby
authorize an expenditure in the total amount of $207,720 00 from funds
already budgeted in Account No 203-463-818-117 (Local Roads) for this
purpose, FURTHER, the foregoing amounts are based upon the
Regular Meeting of September 24, 2003 34275
Engineering Division's estimate of units involved, and are subject to final
payments based upon the actual units completed in accordance with the
unit prices accepted herein, said estimated costs and unit prices having
been in fact the lowest bids received for this item, and the City Engineer 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
CR 502-03 RESOLVED, that having considered the report and
recommendation of the Director of Public Works and the City Engineer,
dated August 25, 2003, which bears the signature of the Director of
Finance, and is approved for submission by the Mayor, the Council does
hereby accept the unit price bid of Hard Rock Concrete Inc , 38146
Abruzzi Drive, Westland, Michigan 48185, for completing all work required
in connection with the 2003 Concrete Pavement and Catch Basin Repair
Program (Contract 03-D), at various locations throughout the City as
recommended by the City's Pavement Management Study, for the
estimated total cost of $336,400 00, based upon the Engineering
Division's estimate of units involved, and subject to a final payment based
upon the actual units completed in accordance with the unit prices
accepted herein, said estimated cost and unit prices having been in fact
the lowest bid received for this item, FURTHER, the Council does hereby
authorize an expenditure in the amount of $336,400 00 from Account No
204-463-818-114 (Contractual Services, Maintenance) for this purpose,
and the City Engineer 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
CR 503-03 RESOLVED, that having considered the report and
recommendation of the City Engineer and the Director of Public Works,
dated August 25, 2003, which bears the signature of the Director of
Finance, is approved as to form by the City Attorney, and is approved for
submission by the Mayor, to which is attached a proposed
intergovernmental agreement between the City of Livonia and the County
of Wayne, City of Farmington Hills, the City of Novi and the Township of
Northville for the resurfacing of Base Line Road from Haggerty Road to
east of the 1-275 Expressway and for the surfacing of Haggerty Road from
the Livonia City Limit to Base Line Road, the Council does hereby
authorize the Mayor and City Clerk, for and on behalf of the City of
Livonia, to execute this Agreement in the manner and form herein
submitted, FURTHER, the Council does hereby authorize the expenditure
of the sum of $14,927 00 (the City's estimated share of this project being
Regular Meeting of September 24, 2003 34276
0 90% of the total estimated cost of this project of $1,668,500 00) from
Account No 202-463-818-125 (Major Street Fund - County Project
Participation) for this purpose, and the City Clerk is hereby requested to
forward a certified copy of this resolution, together with the signed
Agreements, to the Wayne County Department of Public Services,
Division of Engineering
CR 504-03 RESOLVED, that having considered a communication from
the City Planning Commission, dated August 7, 2003, which transmits its
resolution 08-116-2003 adopted on August 5, 2003, with regard to Petition
2002-09-GB-03, submitted by Cambridge Center, requesting approval to
substitute a greenbelt for the protective wall as outlined in Section 18 45 of
Zoning Ordinance No 543, as amended, for property located at 38777 Six
Mile Road, on the south side of Six Mile Road between 1-275/1-96 and
Quakertown Lane in the Northwest 1/4 of Section 18, the Council does
hereby concur in the recommendation of the Planning Commission and
Petition 2002-09-GB-03 is hereby approved and granted, subject to the
following conditions
1 That the landscaped greenbelt along the south property line, as
shown on the plan received by the Planning Commission on
September 11, 2002, shall be substituted for the protective wall
required by Section 18 45 of the Zoning Ordinance, and
2 That any change of circumstances in the area containing the
greenbelt resulting in a diminution of the greenbelt's effectiveness
as a protective barrier, the owner of the property shall be required
to submit such changes to the Planning Commission and City
Council for their review and approval or immediately construct the
protective wall pursuant to Section 18 45
CR 505-03 RESOLVED, that having considered a communication from
the City Planning Commission, dated August 21, 2003, which transmits its
resolution 08-121-2003, adopted on August 19, 2003, with regard to
Petition 2003-07-SN-07, submitted by Westborn Market, requesting
approval to modify the existing ground sign for the commercial building
located at 14925 Middlebelt Road, on the west side of Middlebelt Road
between Five Mile Road and Linda Avenue in the Northeast 1/4 of Section
23, the Council does hereby concur in the recommendation of the
Planning Commission and Petition 2003-07-SN-07 is hereby approved
and granted, subject to the following conditions
1 That the Sign Package submitted by Westborn Market of Livonia,
Inc , as received by the Planning Commission on July 30, 2003, is
hereby approved and shall be adhered to,
Regular Meeting of September 24, 2003 34277
2 That the brick used in the construction of the base of the sign shall
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match that of the principal building and shall be full face four (4)
inch brick, no exceptions,
3 That the ground sign shall not be illuminated beyond one (1) hour
after this business closes,
4 That no LED lightband or exposed neon shall be permitted on this
site, including but not limited to, the building or around the windows,
5 That any additional signage shall come back before the Planning
Commission and City Council for their review and approval, and
6 That the specific plans referenced in this approving resolution shall
be submitted to the Inspection Department at the time the sign
permits are applied for
A roll call vote was taken on the foregoing resolutions with the following result
AYES Taylor, Laura, Knapp, Vandersloot, Dolan and Engebretson
NAYS None
Councilmember Knapp gave first reading to the following
Ordinance
AN ORDINANCE AMENDING SECTION 010 OF TITLE 1,
CHAPTER 12 (GENERAL PENALTY) OF THE LIVONIA
CODE OF ORDINANCES, AS AMENDED
The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in the
Office of the City Clerk and is the same as if word for word repeated herein The above
Ordinance was placed on the table for consideration at the next regular meeting
Councilmember Taylor took from the table, for second
reading and adoption, the following Ordinance
AN ORDINANCE VACATING PORTIONS OF STREET,
ALLEY AND PUBLIC GROUND (Petition 2002-02-03-02)
A roll call vote was taken on the foregoing Ordinance with the following result.
Regular Meeting of September 24, 2003 34278
AYES Taylor, Laura, Knapp, Vandersloot, Dolan and Engebretson
NAYS None
The President declared the foregoing Ordinance duly adopted, and would
become effective on publication
Councilmember Knapp took from the table, for second
reading and adoption, the following Ordinance
AN ORDINANCE AMENDING SECTION 1102 OF
ARTICLE XI OF ORDINANCE NO 543, AS AMENDED,
KNOWN AND CITED AS "THE CITY OF LIVONIA ZONING
ORDINANCE" (Petition 2003-04-06-02)
A roll call vote was taken on the foregoing Ordinance with the following result:
AYES Taylor, Laura, Knapp, Vandersloot, Dolan and Engebretson
NAYS None
The President declared the foregoing Ordinance duly adopted, and would
become effective on publication
A communication from the Department of Public Works, Engineering
Division, dated September 16, 2003, re their recommendation that a new sidewalk
requirement not be waived in an area that already has a significant amount of
sidewalks, relative to a request to waive a sidewalk at 28981 Roycroft, was received
and placed on file for the information of the Council
On a motion by Taylor, seconded by Dolan, it was
CR 506-03 RESOLVED, that having considered a letter from Keith T
Green, dated September 4, 2003, requesting elimination of the sidewalk
requirement in front of his residence located at 28981 Roycroft in the
Southwest 1/4 of Section 13, the Council does hereby approve this
request inasmuch as omitting the sidewalk on the subject property would
have no detrimental effect upon the neighboring properties at this time due
to lack of any other public sidewalks existing within the neighboring area,
Regular Meeting of September 24, 2003 34279
FURTHER, the Council does hereby reserve the right to require sidewalks
at this location in the event that additional sidewalks are installed in this
area at some future date
A roll call vote was taken on the foregoing resolution with the following result:
AYES Taylor, Knapp, Vandersloot and Dolan
NAYS Laura and Engebretson
The President declared the resolution duly adopted
A communication from Peter Komlen, 36318 Lyndon, Livonia, 48154,
dated September 12, 2003, re concerns about a dimly lit street light in front of his
house, and referral to the Engineering Department who in turn contacted DTE for a
solution to his problem, was received and placed on file for the information of the
Council (Agenda Item #5)
A communication from petitioner, Phil Pressotto, 30655 Six Mile Road,
Livonia, 48152, received on September 18, 2003, re a preliminary survey that he has
submitted of property located at 30655 Six Mile Road, relative to a proposed lot split,
was received and placed on file for the information of the Council
On a motion by Vandersloot, seconded by Dolan, and unanimously
adopted, it was
CR 507-03 RESOLVED, that having considered a
communication from the City Assessor, dated August 28, 2003,
approved for submission by the Mayor, with regard to a request
from Philip Pressotto, 30655 Six Mile Road, Livonia, Michigan
48152, and in accordance with the provisions of 1967 PA 288, as
amended, as well as Section 18 46 of Ordinance 543, as amended,
the Council does hereby approve of the proposed division of Tax
Item No 46-054-99-0005-001 into two (2) parcels, the legal
descriptions of which shall read as follows
PARCEL A
Regular Meeting of September 24, 2003 34280
Part of the NW 1/4 of Sec. 14, T 1S , R 9E City of Livonia, Wayne County
Michigan described as commencing at the N '/4 corner of said Sec. 14,
then due West 641 78' along the North line of said Section 14, then S
00°11'11" W 60 00' to the South line of Six Mile Road 120' wd , then
along said line due West 85 00' to the point of beginning, then S
06°05'46" E 100 57', then S 00°11'00" W 50 00', then S 01°01'53" W
135 12', to a North line of "Willow Creek Estates", a subdivision recorded
in L 106 P 44-46 incl Wayne County Records, then along said line due
West 96 72', then N 00°11'00" E 285 10' to the South line of said Six Mile
Road, then along said line due East 87 72' to the point of beginning
Containing 0 630 acres Subject to easements and restrictions of record
Together with an easement for sanitary sewer purposes over that part of
said NW '/4 of Sec 14 described as commencing at the NE corner of said
Parcel A then S 06°05'46" E along the East line of said Parcel A 100 57',
then continuing along said line S 00°11'00" W 50 00', then due East
5 00', then N 00°11'00" E to the South line of said Six Mile Road 150 00',
then due West along said line 16 00' to the point of beginning
PARCEL B
Part of the NW 1/4 of Sec 14, T 1S , R 9E City of Livonia, Wayne County
Michigan described as commencing at the N 1/4 corner of said Sec 14,
then due West 641 78' along the North line of said Section 14, then S
00°11'11" W 60 00' to the South line of Six Mile Road 120' wd , and the
point of beginning, then along said line due West 85 00', then S 06°05'46"
E 100 57', then S 00°11'00" W 50 00', then S 01°01'53" W 135 12' to a
North line of "Willow Creek Estates", a subdivision recorded in L 106 P 44-
46 incl , Wayne County Records, then along said line due East 76 00',
then N 00°11'00" E 285 10' to the point of beginning Containing 0 500
ac subject to easements and restrictions of record Said parcel subject to
an easement for sanitary sewer purposes over that part described as
commencing at the NW corner of said Parcel B then S 06°05'46" E along
West line of said parcel 100 57', then continuing along said line S
00°11'00" W 50 00', then due East 5 00', then N 00°11'00" E to the
South line of said Six Mile Road 150 00', then West along said line 16 00'
to the point of beginning
as shown on the map attached to the aforesaid communication which is
made a part hereof by reference, and the city clerk is hereby requested to
cause a certified copy of this resolution to be recorded in the Office of the
Wayne County Register of Deeds, PROVIDED, HOWEVER, that until a
variance is granted by the Zoning Board of Appeals as to every
nonconforming lot resulting from such split, none of said lots may be sold,
leased or transferred
On a motion by Taylor, seconded by Knapp, and unanimously adopted, it
Regular Meeting of September 24, 2003 34281
was
CR 508-03 WHEREAS, the City Clerk has received an Application for
ear
Industrial Facilities Exemption Certificate from Applied Process, Inc ,
dated June 19, 2003, covering new industrial facilities to be located within
City of Livonia Industrial Development District No 35, 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 Applied Process, Inc , the
Assessor, and a representative of each of the affected taxing units an
opportunity for a hearing on this Application and said hearing having in
fact been conducted at 7 00 p m , Wednesday, September 3, 2003, 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, Applied Process, Inc , finds and determines (a) that
the granting of this industrial facilities exemption certificate shall not
have the effect of substantially impeding the operation of the local
governmental unit or impairing the financial soundness of any
taxing unit which levies an ad valorem property tax in the local
governmental unit in which the facility is to be located, and (b) the
applicant has fully complied with the requirements of Section 9, Act
No 198, P.A. 1974, as amended
2 That the City Council hereby approves the Application for Industrial
Facilities Exemption Certificate from Applied Process, Inc , covering
new industrial facilities to be located within the City of Livonia
Industrial Development District No 35 for 12 years
3 That in accordance with the requirements of Section 22, Act 198,
P.A. 1974, as amended, wherein a letter of agreement between the
applicant and the City is required in order to clarify the
understanding and the commitment between the applicant and the
City upon approval of an Industrial Facilities 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 facilities exemption
certificates
Regular Meeting of September 24, 2003 34282
On a motion by Knapp, seconded by Vandersloot, and unanimously
adopted, it was
CR 509-03 WHEREAS, the City Clerk has received an Application for
Industrial Facilities Exemption Certificate from Ford Motor Co , dated June
27, 2003, covering new industrial facilities to be located within City of
Livonia Industrial Development District No 1, 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 Ford Motor Co , 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 , Wednesday, September 3, 2003, 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, Ford Motor Co , finds and determines (a) that the
granting of this industrial facilities exemption certificate shall not
have the effect of substantially impeding the operation of the local
governmental unit or impairing the financial soundness of any
taxing unit which levies an ad valorem property tax in the local
governmental unit in which the facility is to be located, and (b) the
applicant has fully complied with the requirements of Section 9, Act
No 198, P.A. 1974, as amended
2 That the City Council hereby approves the Application for Industrial
Facilities Exemption Certificate from Ford Motor Co , covering new
industrial facilities to be located within the City of Livonia Industrial
Development District No 1 for 12 years upon completion of a three
(3) year construction period
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 Facilities Exemption Certificate,
the Council hereby authorizes the Mayor and City Clerk to sign
such Letter of Agreement as duly executed by the applicant and
Regular Meeting of September 24, 2003 34283
incorporate such Letter of Agreement as part of the documentation
required to process applications for industrial facilities exemption
certificates
On a motion by Taylor, seconded by Knapp, and unanimously adopted, it
was
CR 510-03 RESOLVED, that having considered a letter from Vicki
Reault, representing Newburg United Methodist Church, dated August 26,
2003, which requests permission to display approximately 20 signs
announcing the Newburg United Methodist Church Rummage Sale to be
conducted on Friday, October 3, 2003, and Saturday, October 4, 2003,
which signs are to be 18"x 24" in size and which will be displayed at
various locations in the City of Livonia only, no earlier than Friday,
September 26, 2003, and removed no later than Sunday, October 5, 2003,
the Council does hereby grant and approve this request in the manner and
form herein submitted
Councilmember Knapp sent "Happy Birthday" wishes to his brother, Craig,
who lives in Chicago, as he celebrated his 32nd birthday yesterday, September 23
LOn a motion by Vandersloot, seconded by Knapp, and unanimously
adopted, this 1,497th Regular Meeting of the Council of the City of Livonia was
adjourned at 8 21 p m , September 24, 2003
1, -727! 3--a—t--
J an McCotter, City Clerk
1