HomeMy WebLinkAboutCOUNCIL MINUTES 2003-05-07 34047
MINUTES OF THE ONE THOUSAND FOUR HUNDRED EIGHTY-EIGHTH
REGULAR MEETING OF MAY 7, 2003
On May 7, 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 Brosnan delivered the invocation
Roll was called with the following result. Maureen Miller Brosnan, Donald
Knapp, Val Vandersloot, Gerald Taylor, Joe Laura, and Jack Engebretson
Absent. Linda Dolan - vacation
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, Robert
Beckley, Director of Public Works, Michael Slater, Director of Finance, Jim Zoumbaris,
Superintendent of Public Service, Sgt. Wesley McKee, LPD, Ian Wilshaw, Traffic
Commission and Stan Dobis, Cable Commission
On a motion by Taylor, seconded by Brosnan, it was
CR 193-03 RESOLVED, that the minutes of the 1,487th Regular Meeting
of the Council held April 23, 2003 are hereby approved as submitted
A roll call vote was taken on the foregoing resolution with the following result:
AYES Brosnan, Knapp, Taylor, Laura, and Engebretson
NAYS None
PRESENT Vandersloot
Councilmember Brosnan read a Proclamation regarding the National Association of
Letter Carriers annual National Food Drive to be held on Saturday, May 10, 2003
Victoria, a letter carrier, explained the procedure for the collection of food, and
announced that last year the letter carriers collected 37,000 pounds of food
Councilmember Vandersloot wished a "Happy Birthday" to Councilmember Brosnan,
who will celebrate her birthday on May 8
Regular Meeting of May 7, 2003 34048
A communication from the Department of Finance, dated April 21, 2003,
re forwarding various financial statements of the City of Livonia for the month ending
March 31, 2003, was received and placed on file for the information of the Council
On a motion by Taylor, seconded by Brosnan, it was
CR 194-03 RESOLVED, that having considered a request from Ray
Tent, received at the Study Meeting of April 28, 2003, to recognize former
Mayor Harvey W Moelke and others who were instrumental in the
development of the City, the Council does hereby refer this item to the
Administration for its report and recommendation
CR 195-03 RESOLVED, that the Council does hereby refer the subject
of naming public property after former elected officials to the Committee of
the Whole for its report and recommendation
CR 196-03 RESOLVED, that having considered an application from
Kathleen A. Fitzgerald, 9917 Cranston, dated April 16, 2003, requesting
permission to close Cranston between Elmira and Orangelawn on
Monday, May 26, 2003, from 2-00 p m to 8-00 p m for the purpose of
conducting a block party, the Council does hereby grant permission as
requested, the action taken herein being made subject to the approval of
the Police Department.
CR 197-03 RESOLVED, that having considered the report and
recommendation of the Director of Public Works, the City Engineer and
the Director of Community Resources, dated March 26, 2003, which bears
the signature of the Director of Finance and is approved for submission by
the Mayor, in connection with increased project construction costs for the
Alexander Blue House addition and renovation previously authorized
pursuant to Council Resolution 662-01, the Council does hereby authorize
additional payment in the amount of $32,616 82 to Dumas Concepts in
Building, 43334 West Seven Mile Road, #300, Northville, Michigan 48167,
for additional work performed in connection with this project; FURTHER,
the Council does hereby authorize an expenditure in the amount of
$32,616 82 from funds in the Capital Project Fund - Capital Outlay
Building Improvement Account No 401-000-976-000, carried over from
previously budgeted funds for this purpose
CR 198-03 RESOLVED, that having considered the report and
recommendation of the Department of Law, dated April 14, 2003, which
bears the signatures of the Director of Finance and the Human Resources
Director, and is approved for submission by the Mayor, and a
communication from the Human Resources Director, dated April 17, 2003,
Regular Meeting of May 7, 2003 34049
approved for submission by the Mayor, transmitting a resolution adopted
by the Civil Service Commission on April 17, 2003, wherein the
Commission concurs in the recommended amendment to the City's Plan
of Employee Health Insurance, the Council does hereby determine that
the City of Livonia's Plan of Employee Health Insurance be amended to
provide as follows
1 The permitted and required uses and disclosures of protected
health information, as that term is defined in 45 CFR Section
164 501 shall be as set forth in 45 CFR Section 164 502,
2 The City, as sponsor of the plan of employee health insurance, will
a Not use or further disclose protected health information other
than as permitted or required herein or as required by law;
b Ensure that any agents, including any subcontractor, to whom it
provides protected health information received from the plan
agree to the same restrictions and conditions that apply to the
City with respect to such information,
c Not use or disclose protected health information for
employment-related actions and decisions or in connection with
any other benefit or employee benefit plan the City may
sponsor;
d Report to the plan any use or disclosure of personal health
information of which the City becomes aware which is
inconsistent with the uses or disclosures provided for herein or
by law;
e Make available protected health information in accordance with
45 CFR Section 164 524,
f Make available protected health information for amendment and
incorporate any amendments to protected health information in
accordance with 45 CFR Section 164 526,
g Make available the information required to provide an
accounting of disclosures in accordance with 45 CFR Section
164 528,
h Make its internal practices, books and records relating to the
use and disclosure of protected health information received from
the plan available to the Secretary of Health and Human
Regular Meeting of May 7, 2003 34050
Services for purposes of determining compliance with the
provisions of 45 CFR part 164 subpart E,
i If feasible, return or destroy all protected health information
received from the plan that the sponsor still maintains in any
form and retain no copies of such information when no longer
needed for the purpose for which disclosure was made, except
that, if such return or destruction is not feasible, limit further
uses and disclosures to those purposes that make the return or
destruction of the information infeasible, and
j Restrict the use and disclosure of protected health information
to employees of the City's Finance Department, and for only
such use and disclosure as is necessary in order to administer
the plan, and the Human Resources Director shall, in
conjunction with the Director of Finance, resolve any issues of
noncompliance with these limitations,
FURTHER, the Department of Law is hereby authorized to prepare, and
the Mayor and City Clerk are authorized to execute, any documents or
certifications that may be necessary to further the purpose of this
resolution
CR 199-03 WHEREAS, the City of Livonia has received a request from
The Observer & Eccentric Newspapers, Inc , dated April 22, 2003,
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 eight acres lying in the Northeast 1/4 of Section 29
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 88",
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 88
2 This City Council sets Monday, June 16, 2003, at 7 00 p m at the
Livonia City Hall, 33000 Civic Center Drive, Livonia, Michigan, as
the date for the holding of a public hearing on the question of
Regular Meeting of May 7, 2003 34051
whether this City Council should establish the Industrial
Development District described above
3 This City Council directs the City Clerk to provide notice, as
required by law, of the public hearing fixed above, so that all
residents or taxpayers of the City of Livonia shall be afforded an
opportunity to be heard on the question of establishing the
Industrial Development District described above
CR 200-03 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,
June 30, 2003, at 7.00 p m at the City Hall, 33000 Civic Center Drive,
Livonia, Michigan, with respect to the following item
Petition 2003-01-01-06, submitted by Ron G Myers, on behalf of
Albert, Alice and Adelina lafrate for a change of zoning of property
located at 27480 and 27486 Five Mile Road, on the north side of
Five Mile Road between Inkster Road and Foch Avenue in the
Southeast 1/4 of Section 13, from R-1 to OS, the City Planning
Commission in its resolution 04-52-2003 having recommended to
the City Council that Petition 2003-01-01-06 be approved,
FURTHER, the City Clerk is hereby requested to, no less than fifteen (15)
days prior to the aforesaid date of said public hearing, cause to have a
statement indicating the (a) nature of the proposed amendment(s) to the
Zoning Ordinance, and/or (b) location of the proposed change(s) 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 201-03 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,
August 25, 2003, at 7 00 p m at the City Hall, 33000 Civic Center Drive,
Livonia, Michigan, with respect to the following item
Regular Meeting of May 7, 2003 34052
Petition 2003-02-01-09, submitted by William Roskelly for a change
of zoning of property located at 9825 Cranston Avenue, on the west
side of Cranston Avenue between West Chicago Road and
Orangelawn Avenue in the Northeast 1/4 of Section 34, from PL to
One Family Residential, the City Planning Commission in its
resolution 04-53-2003 having recommended to the City Council that
Petition 2003-02-01-09 be approved as amended so as to rezone
this property to R-3,
FURTHER, the City Clerk is hereby requested to, no less than fifteen (15)
days prior to the aforesaid date of said public hearing, cause to have a
statement indicating the (a) nature of the proposed amendment(s) to the
Zoning Ordinance, and/or (b) location of the proposed change(s) 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
A roll call vote was taken on the foregoing resolutions with the following result:
AYES Brosnan, Knapp, Vandersloot, Taylor, Laura and Engebretson
NAYS None
On a motion by Brosnan, seconded by Knapp, and unanimously adopted,
it was
CR 202-03 RESOLVED, that having considered the report and
recommendation of the Department of Law, dated April 29, 2003,
approved for submission by the Mayor, submitted pursuant to Council
Resolution 581-02, to which is attached a proposed Agreement between
the City of Livonia and Ardmore Development, LLC, for the creation of
stormwater detention basins on the Ardmore property and adjoining City-
owned property, the Council does hereby approve such Agreement;
FURTHER, the Council does hereby authorize the Mayor and City Clerk to
execute the aforesaid Agreement, for and on behalf of the City of Livonia,
subject to approval as to form by the Department of Law and approval of
the legal descriptions contained in the Exhibits attached thereto by the
Engineering Division, and to do all other things necessary or incidental to
the full performance of this resolution
Regular Meeting of May 7, 2003 34053
Bruce Michael, representative from Ardmore Development, was present at the meeting
and spoke about the two retention basins to be constructed at this site
Bill Craig, 20050 Milburn, Livonia, 48152, spoke about Exhibit E (Easement
Agreement)), part of the proposed Agreement between Ardmore Development and the
City of Livonia He also read a letter that he sent to City Councilmembers, dated May 6,
2003, regarding his suggestions for additional benefits other than stormwater detention
and flow management that could be implemented by the developer (Petition 2001-01-
08-09)
Mark Brookman, 19538 Westmore, Livonia, 48154, spoke regarding his concerns about
the new plan for the proposed detention basins, and questioned the effect this plan
would have on his property (Petition 2001-01-08-09)
A communication from the Department of Law, dated April 29, 2003 re
proposed resolution and Agreement between the City of Livonia and Ardmore
Development, LLC for stormwater detention basins, was received and placed on file for
the information of the Council (CR 581-02) (Petition 2001-01-08-09)
A communication from Bill Craig, 20050 Milburn, 48152, dated May 6,
2003, re his suggestions for additional benefits other than stormwater detention and
flow management that could be implemented by Ardmore Development, LLC, was
received and placed on file for the information of the Council (Petition 2001-01-08-09)
On a motion by Brosnan, seconded by Laura, and unanimously adopted, it
was
CR 203-03 RESOLVED, that having considered a letter from Bill Craig,
20050 Milburn, Livonia, 48152, dated May 6, 2003, the Council does
hereby refer the subject matter of possible additional benefits for the
stormwater detention basins that could be implemented by Ardmore
Development, LLC, to the Mayor for a report and recommendation
A communication from the Department of Law, dated January 23, 2003,
re the Applicability of Zoning Ordinance Section 18 06 to Council-approved lot splits,
was received and placed on file for the information of the Council (CR 665-02)
Regular Meeting of May 7, 2003 34054
On a motion by Brosnan, seconded by Laura, it was
CR 204-03 RESOLVED, that having considered the report and
recommendation of the Committee of the Whole, dated April 16, 2003,
submitted pursuant to Council Resolution 665-02, the Council does hereby
refer the subject of adding language to Section 18 06 of the Zoning
Ordinance defining a "Clear Majority" at a specific percentage such as
60% that would be supported by case law to the Department of Law for its
report and recommendation
A roll call vote was taken on the foregoing resolution with the following result:
AYES Brosnan, Knapp, Taylor, Laura and Engebretson
NAYS Vandersloot
The President declared the resolution duly adopted
On a motion by Brosnan, seconded by Taylor, and unanimously adopted,
it was
CR 205-03 RESOLVED, that having considered the report and
recommendation of the Committee of the Whole, dated April 16, 2003,
submitted pursuant to Council Resolution 665-02, the Council does hereby
request that the City Planning Department identify a list of subdivisions
likely to fall into the category addressed by Section 18 06 of the Zoning
Ordinance (i e , where property owners can build without Zoning Board of
Appeals or Council approval) and thereafter submit a report and
recommendation to the City Council
A communication from the Department of Public Works, dated February
28, 2003, re the revised recommendation for the new computer software system for
the Department of Public Works, was received and placed on file for the information of
the Council
A report from CarteGraph — " Powering Public Works" - dated April 16,
2003, submitted by Carl J Dettingre, Strategic Accounts Representative, re a new
computer software program for the Department of Public Works, was received and
placed on file for the information of the Council
Revised - Ordinance
Regular Meeting of May 7, 2003 34055
On a motion by Knapp, seconded by Taylor, and unanimously adopted, it
was
CR 206-03 RESOLVED, that having considered the report and
recommendation of the Committee of the Whole, dated April 16, 2003,
submitted pursuant to Council Resolution 770-01, the Council does hereby
accept the proposal (as revised) submitted by Cartegraph, 3600 Digital
Drive, Dubuque, Iowa 52003, to furnish and install software applications
and support services (Phase I) as described in Attachment A for the
Department of Public Works, Public Service Division, in an amount not to
exceed $383,644 00, FURTHER, the Council does hereby approve the
total project cost for Phase I in the amount of $491,133 00, the same to be
appropriated and expended from the Unexpended Fund Balances of the
following accounts
Major Street Fund $ 45,084 00
Local Street Fund $ 64,877 00
Refuse Fund $ 98,244 00
Water and Sewer Fund $175,439 00
Capital Projects Fund (401) $107,489 00
FURTHER, the Information Systems Department is hereby authorized to
seek competitive bids for the network software and hardware additions
necessary to support the proposed Cartegraph software application and to
solicit proposals from qualified consultants to assist the City in project
management of the Cartegraph software installation, and the Mayor and
City Clerk are hereby requested to execute a contract, for and on behalf of
the City of Livonia, with the aforesaid company, subject to approval as to
form by the Department of Law, and to do all things necessary or
incidental to the full performance of this resolution
Councilmember Knapp took from the table, for second reading and
adoption, the following Ordinance
AN ORDINANCE AMENDING TITLE 2, CHAPTER 56
(HISTORIC PRESERVATION COMMISSION) OF THE
LIVONIA CODE OF ORDINANCES, AS AMENDED
A roll call vote was taken on the foregoing Ordinance with the following result:
AYES Brosnan, Knapp, Vandersloot, Taylor, Laura and Engebretson
NAYS None
Regular Meeting of May 7, 2003 34056
The President declared the foregoing Ordinance duly adopted, and would
become effective on publication
Councilmember Brosnan took from the table, for second
reading and adoption, the following Ordinance
AN ORDINANCE AMENDING SECTION 24 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 2002-10-01-14)
An e-mail communication from John Atsalis, 35647 Oakdale,
Livonia, 48154, dated May 1, 2003, re his support for rezoning of property
located on Cavell Avenue between Five Mile Road and Western Golf Drive, was
received and placed on file for the information of the Council (Petition 2002-10-
01-14)
An e-mail communication from James Ricotta, 14657 Cavell,
Livonia, 48154, dated April 28, 2003 re his support for rezoning of property
located on Cavell Avenue between Five Mile Road and Western Golf Drive, was
received and placed on file for the information of the Council (Petition 2002-10-
01-14)
Jan Afonso, 9918 Hubbard, Livonia, 48154, spoke to the Council and thanked them for
representing the wishes of the residents of Livonia by keeping in mind the best interests
of the City (Petition 2002-10-01-14)
Alan Wozniak, 14702 Santa Anita, Livonia, 48154, read a letter wherein he requests to
postpone a vote on this rezoning and voiced his opposition to this rezoning (Petition
2002-10-01-014)
Leo Soave, petitioner, 20592 Chestnut Circle, Livonia, 48152, spoke to Council and
requested that Petition 2002-10-01-14 not be postponed because of time constraints
involved with this development.
Regular Meeting of May 7, 2003 34057
Ted Katikos, 16750 Yorkshire, Livonia, 48154, spoke to Council and asked what would
be accomplished by delaying a vote on this particular rezoning (Petition 2002-10-01-
14)
George Atsalis, 14715 Cavell, Livonia, 48150, spoke to Council regarding his opposition
to postponing this rezoning petition (Petition 2002-10-01-14)
Councilmember Brosnan withdrew her motion to give second reading of the foregoing
Ordinance (Petition 2002-10-01-14)
On a motion by Brosnan, seconded by Laura, and unanimously adopted, it
was
CR 207-03 RESOLVED, that the subject matter of giving a second
reading to a proposed amendment to Zoning Ordinance No 543, as
amended, regarding Petition 2002-10-01-14 requested by Leo Soave
Building Co , Inc., for rezoning of property located on the west side of
Cavell between Five Mile Road and Western Golf Drive from RUF to R-2,
is postponed until the next Regular Meeting of City
Council on May 21, 2003
A communication from the Department of Public Works, Public Service
lbw Division, dated May 5, 2003, re amending current Agreement with Orchard, Hiltz &
McCliment to provide for recommended pavement cross section in the resurfacing
project on Stark Road, was received and placed on file for the information of the
Council
A communication from Stark Road Area Residents, dated May 4, 2003, to
which is attached a survey from Livonia residents living on Stark Road or connecting
residential streets, re opposition to widening of Stark Road between Plymouth Road
and Hines Drive, was received and placed on file for the information of the Council
A communication from Stephen Burchart, 10217 Stark Road, Livonia,
48150, re his opinions on the proposed resurfacing of Stark Road between Plymouth
Regular Meeting of May 7, 2003 34058
Road and Hines Drive, was received and placed on file for the information of the
Council
Alex Hudy, 10269 Stark Road, Livonia, 48150, had questions regarding the Stark Road
resurfacing project, such as, who is responsible for moving mailboxes, will there be a
change of speed limit, Orangelawn curb, and the location of white line in the middle of
road
Mark Loch, Project Manager from Orchard, Hiltz & McCliment, was present and
answered questions about the project.
Sue Sica, 9864 Stark Road, Livonia, 48150, read statements from the paper that were
made in the past by City officials, and wants to contact a Federal agency
Eileen Way, 10478 Stark Road, Livonia, 48150, spoke in opposition to the resurfacing of
Stark Road
Vikki Kihn, 10529 Stark Road, Livonia, 48150, spoke in favor of the resurfacing of Stark
Road, but did not want the road widened
Dave Little, 9864 Stark Road, Livonia, 48150, spoke in opposition to the widening of
Stark Road
On a motion by Knapp, seconded by Taylor, and unanimously adopted, it
was
CR 208-03 RESOLVED, that having considered the report and
recommendation of the Director of Public Works, dated April 22, 2003,
which bears the signature of the Chief Accountant, is approved by the City
Attorney and is approved for submission by the Mayor, to which is
attached a proposed Amendment No 1 to the Livonia
Rehabilitation/Reconstruction Paving Program - Contract 1 between the
City of Livonia and Orchard, Hiltz & McCliment, Inc , 34935 Schoolcraft
Road, Livonia, Michigan 48150, to provide design services required for the
resurfacing of Stark Road from Plymouth Road to Hines Drive in an
amount not to exceed $25,000 00, and having further considered a
subsequent communication from the Director of Public Works and the City
Engineer, dated May 5, 2003, approved for submission by the Mayor,
wherein it is recommended that the road cross section No 1 as shown on
Attachment A be approved, the Council does hereby concur in such
recommendation and does hereby approve Amendment No 1 to this
contract; FURTHER, the Council does hereby authorize a transfer in the
amount of $25,000 00 from the Road, Sidewalk and Tree Fund (Account
No 204-441-818-114) to Account No 204-441-818-102 and hereby
Regular Meeting of May 7, 2003 34059
authorizes an expenditure in an amount not to exceed $25,000 00 from
Account No 204-441-818-102 for this purpose, and the Director of Public
Works is hereby authorized to approve minor adjustments in the work as it
becomes necessary; and the Mayor and City Clerk are hereby authorized
to execute this Amendment, for and on behalf of the City of Livonia with
the aforesaid company, and to do all other things necessary or incidental
to the full performance of this resolution, FURTHER, the Council does
hereby authorize the action herein without competitive bidding for the
reasons indicated in the aforesaid communication, and such action is
taken in accordance with the provisions set forth in Section 3 04 140D2 of
the Livonia Code of Ordinances, as amended
On a motion by Taylor, seconded by Brosnan, and unanimously adopted,
it was
CR 209-03 RESOLVED, that the matter of traffic control and flow on
Stark Road between Plymouth Road and Hines Drive is referred to the
Traffic Commission for a report and recommendation
A communication from the Department of Public Works, Engineering
Division, dated May 2, 2003, re inviting a Wayne County representative to a City
Council Meeting to explain Wayne County's requirement that the City accept jurisdiction
of the "on-site" storm sewers, as it relates to the Advance Auto Parts Store at 29201
Seven Mile Road, was received and placed on file for the information of the Council
On a motion by Brosnan, seconded by Vandersloot, and unanimously
adopted, it was
CR 210-03 RESOLVED, that having considered the report and
recommendation of the Director of Public Works and the City Engineer,
dated April 17, 2003, 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 the storm service line in the Seven
Mile Road right-of-way, as well as the entire on-site storm sewer system in
connection with the development of the commercial property located at
29201 Seven Mile Road, on the south side of Seven Mile Road in the
Northwest 1/4 of Section 12, the Council does hereby determine as
follows
Regular Meeting of May 7, 2003 34060
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 the storm
service line in the Seven Mile Road right-of-way, as well as the
entire on-site storm sewer system in connection with the
development of the commercial property located at 29201 Seven
Mile Road, on the south side of Seven Mile Road in the Northwest
1/4 of Section 12 (See attached letter from Trails End Holdings,
L.L C , dated April 17, 2003, 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
On a motion by Taylor, seconded by Knapp, and unanimously adopted, it
was
CR 211-03 RESOLVED, that having considered a communication from
Sam Kallabat, on behalf of Livonia Beer & Wine Shoppe, dated February
12, 2003, 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 February 11, 2003 by the City Planning
Commission in its resolution 02-23-2003 with regard to Petition 2002-12-
02-27, submitted by Nasrat Kallabat, on behalf of Livonia Beer & Wine
Shoppe, requesting waiver use approval to utilize an S D D license in
connection with an existing beer and wine shop located on the Northeast
corner of Joy and Hix Roads in the Southeast 1/4 of Section 31, which
property is zoned C-2, and the Council having held a public hearing with
regard to this matter on April 14, 2003, the Council does hereby refer this
item to the Committee of the Whole for its report and recommendation
A communication from Bryan Amman, Brashear, Tangora, Gallagher,
Creighton & Amman, LLP, 33300 Five Mile Road, Suite 210, Livonia, 48154, dated
January 21, 2003, re his client's opposition to a change of zoning at 33400 Six Mile
Road, was received and placed on file for the information of the Council (Petition 2002-
11-01-16)
On a motion by Taylor, seconded by Brosnan, and unanimously adopted,
Regular Meeting of May 7, 2003 34061
it was
CR 212-03 RESOLVED, that having considered a communication from
the City Planning Commission, dated February 13, 2003, which sets forth
its resolution 02-19-2003 adopted on February 11, 2003, with regard to
Petition 2002-11-01-16, submitted by the City Planning Commission on its
own motion for a change of zoning of property located at 33400 Six Mile
Road, on the north side of Six Mile Road between Farmington Road and
Francavilla Drive in the Southeast 1/4 of Section 9 from C-1 to OS, and
the Council having conducted a public hearing with regard to this matter
on April 21, 2003, pursuant to Council Resolution 106-03, the Council
does hereby approve Petition 2002-11-01-16 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 communication from Henry Mark Stein and Jacalyn Newman Simon,
dated April 28, 2003, re statement that they will accept Council's recommendation for
RC condominiums instead of R-7 Multi-Family Residential, was received and placed on
file for the information of the Council (Petition 2003-01-01-01)
Henry Stein spoke to the Council and requested a change of zoning to condominium
classification instead of multi-family residential (Petition 2003-01-01-01)
Ilene Beale, 15559 Liverpool, Livonia, 48154 spoke to the Council and asked that no
decision be made on the rezoning from condominium to multi-family residential
On a motion by Taylor, seconded by Brosnan, and unanimously adopted,
it was
CR 213-03 RESOLVED, that having considered a communication from
the City Planning Commission, dated February 13, 2003, which sets forth
its resolution 02-20-2003 adopted on February 11, 2003, with regard to
Petition 2003-01-01-01, submitted by Henry Mark Stein for a change of
zoning of property located at 15552 Newburgh Road, on the east side of
Newburgh Road between Five Mile and Ladywood Roads in the
Southwest 1/4 of Section 17 from R-2A to R-7, and the Planning
Commission having recommended to the City Council that this petition, as
amended so as to rezone this property to RC be approved, and the
REVISED- SEE BOLD TYPE
Regular Meeting of May 7, 2003 34061
it was
CR 212-03 RESOLVED, that having considered a communication from
the City Planning Commission, dated February 13, 2003, which sets forth
its resolution 02-19-2003 adopted on February 11, 2003, with regard to
Petition 2002-11-01-16, submitted by the City Planning Commission,
pursuant to CR 591-02, for a change of zoning of property located at
33400 Six Mile Road, on the north side of Six Mile Road between
Farmington Road and Francavilla Drive in the Southeast 1/4 of Section 9
from C-1 to OS, and the Council having conducted a public hearing with
regard to this matter on April 21, 2003, pursuant to Council Resolution
106-03, the Council does hereby approve Petition 2002-11-01-16 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 communication from Henry Mark Stein and Jacalyn Newman Simon,
dated April 28, 2003, re statement that they will accept Council's recommendation for
RC condominiums instead of R-7 Multi-Family Residential, was received and placed on
file for the information of the Council (Petition 2003-01-01-01)
Henry Stein spoke to the Council and requested a change of zoning to condominium
classification instead of multi-family residential (Petition 2003-01-01-01)
Ilene Beale, 15559 Liverpool, Livonia, 48154 spoke to the Council and asked that no
decision be made on the rezoning from condominium to multi-family residential
On a motion by Taylor, seconded by Brosnan, and unanimously adopted,
it was
CR 213-03 RESOLVED, that having considered a communication from
the City Planning Commission, dated February 13, 2003, which sets forth
its resolution 02-20-2003 adopted on February 11, 2003, with regard to
Petition 2003-01-01-01, submitted by Henry Mark Stein for a change of
zoning of property located at 15552 Newburgh Road, on the east side of
Newburgh Road between Five Mile and Ladywood Roads in the
Southwest 1/4 of Section 17 from R-2A to R-7, and the Planning
Commission having recommended to the City Council that this petition, as
amended so as to rezone this property to RC be approved, and the
Regular Meeting of May 7, 2003 34062
Council having conducted a public hearing with regard to this matter on
April 21, 2003, pursuant to Council Resolution 106-03, the Council does
hereby reject the recommendation of the Planning Commission and
Petition 2003-01-01-01 is hereby denied for the following reasons
1 That the proposed zoning district will not provide for development of
the subject property in a manner consistent with its size and location,
2 That the proposed change of zoning would allow for greater density
than would be appropriate for the area, and
3 That the proposed change of zoning would allow for an intensity of
use that would be detrimental to the adjacent residential uses in the
area
Sharon Clark, 17350 Fairfield, Livonia, 48152, spoke to the Council in opposition to
rezoning of property adjacent to Rotary Park, and questioned if the proposed rezoning
would have a wetlands designation (Petition 2003-01-01-02)
Robert Stockton, 17330 Fairfield, Livonia, 48152 spoke to the Council regarding
sewer work at Mayfield and Clarita, and asked if this work is relative to proposed
rezoning petitions (Petitions 2003-01-01-02 and Petition 2003-01-01-03)
A petition with eight signatures, dated April 22, 2003, re protesting the
rezoning of the property adjacent to Rotary Park, was received and placed on file for the
information of the Council (Petition 2003-01-01-02)
On a motion by Brosnan, seconded by Taylor, it was
CR 214-03 RESOLVED, that having considered a communication from
the City Planning Commission, dated February 13, 2003, which sets forth
its resolution 02-21-2003 adopted on February 11, 2003, with regard to
Petition 2003-01-01-02, submitted by Leo Soave for a change of zoning of
property located on the south side of Seven Mile Road between Brookfield
Avenue and Canterbury Drive in the Northwest 1/4 of Section 10, from
RUFC to R-3, and the Council having conducted a public hearing with
regard to this matter on April 21, 2003, pursuant to Council Resolution
106-03, the council does hereby approve petition 2003-01-01-02 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
Regular Meeting of May 7, 2003 34063
A roll call vote was taken on the foregoing resolution with the following result:
AYES Brosnan, Knapp, Taylor, Laura and Engebretson
NAYS Vandersloot
The President declared the resolution duly adopted
A petition with eight signatures, dated April 22, 2003, re protesting the
rezoning of the property adjacent to Rotary Park, was received and placed on file for the
information of the Council (Petition 2003-01-01-03)
On a motion by Taylor, seconded by Knapp, it was
CR 215-03 RESOLVED, that having considered a communication from
the City Planning Commission, dated February 13, 2003, which sets forth
its resolution 02-22-2003 adopted on February 11, 2003, with regard to
Petition 2003-01-01-03, submitted by Leo Soave for a change of zoning of
property located on the south side of Seven Mile Road between Brookfield
Avenue and Canterbury Drive in the North 1/2 of Section 10, from RUFC
to R-3, and the Council having conducted a public hearing with regard to
this matter on April 21, 2003, pursuant to Council Resolution 106-03, the
Council does hereby approve Petition 2003-01-01-03 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 Brosnan, Knapp, Taylor, Laura and Engebretson
NAYS Vandersloot
The President declared the resolution duly adopted
On a motion by Knapp, seconded by Brosnan, and unanimously adopted,
it was
CR 216-03 RESOLVED, that having considered a communication from
the Mayor, dated April 25, 2003, wherein he has requested approval of the
Regular Meeting of May 7, 2003 34064
appointment of Wes Graff, 15401 Farmington Road, Livonia, Michigan
48154, to the Livonia Plymouth Road Development Authority as a
representative of the Livonia Chamber of Commerce for a four-year term
expiring May 16, 2007, pursuant to Section 3 16 060 of the Livonia Code
of Ordinances, as amended, and Act No 197 of the Public Acts of
Michigan of 1975, as amended, the Council does hereby confirm and
approve such appointment provided that Mr Graff takes the oath of office
as required in Section 2, Chapter X of the City Charter, to be administered
by the Office of the City Clerk.
On a motion by Laura, seconded by Knapp, and unanimously adopted, it
was
CR 217-03 RESOLVED, that having considered a communication from
the Mayor, dated April 25, 2003, wherein he has requested approval of the
reappointment of Lowell Peterson, 9420 Lathers, Livonia, Michigan 48150,
to the Livonia Plymouth Road Development Authority as a resident
member at large for a four-year term expiring May 16, 2007, pursuant to
Section 3 16 060 of the Livonia Code of Ordinances, as amended, and Act
No 197 of the Public Acts of Michigan of 1975, as amended, the Council
does hereby confirm and approve such reappointment.
On a motion by Brosnan, seconded by Laura, and unanimously adopted, it
was
CR 218-03 RESOLVED, that having considered a communication from
the Mayor, dated April 25, 2003, wherein he has requested approval of the
reappointment of Jerry Wordhouse to the Livonia Plymouth Road
Development Authority as a Business Interest or Owner for a four-year
term expiring May 16, 2007, pursuant to Section 3 16 060 of the Livonia
Code of Ordinances, as amended, and Act No 197 of the Public Acts of
Michigan of 1975, as amended, the Council does hereby confirm and
approve such reappointment.
On a motion by Taylor, seconded by Brosnan, and unanimously
adopted, it was
CR 219-03 RESOLVED, that the Council does hereby suspend their
rules for procedure as outlined in Council Resolution 574-82 so as to
permit consideration of items that do not appear on the agenda
On a motion by Brosnan, seconded by Laura, and unanimously adopted, it
was
Regular Meeting of May 7, 2003 34065
CR 220-03 RESOLVED, that having considered the report and
recommendation of the Director of Public Works and the Superintendent
of Public Service, dated April 28, 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 contract between the City of Livonia and the
Michigan Humane Society, 26711 Northwestern Highway, Suite 175,
Southfield, MI 48034, wherein the latter would provide animal sheltering
services to the City for a one year period commencing December 1, 2002,
through November 30, 2003, the Council does hereby authorize the Mayor
and City Clerk, for and on behalf of the City of Livonia, to execute the said
Agreement subject to approval as to form by the Department of Law;
FURTHER, the Council does hereby approve the expenditure of an
amount to cover the retroactive payment of the difference in fees from
December 1, 2002 to present and such action is taken in accordance with
Section 3 04 140D2 of the Livonia Code of Ordinances, as amended
During the audience communication portion of the agenda, Alex Hudy,
10269 Stark Road, Livonia, 48150 raised questions about the Council's legislative
process
Councilmember Knapp wished his mother a "Happy Mother's Day"
Council President Engebretson wished all mothers a "Happy Mother's Day"
On a motion by Brosnan, seconded by Knapp, and unanimously adopted,
this 1,488th Regular Meeting of the Council of the City of Livonia was adjourned at
11 00 p m , May 7, 2003
4cVa/ii,
Jan McCotter, City Clerk