HomeMy WebLinkAboutCOUNCIL MINUTES 2003-07-07 34143
MINUTES OF THE ONE THOUSAND FOUR HUNDRED NINETY-SECOND
REGULAR MEETING OF JULY 7, 2003
On July 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 Laura led the Council in reciting the Pledge of Allegiance
Roll was called with the following result: Joe Laura, Maureen Miller
Brosnan, Donald Knapp, Val Vandersloot, Linda Dolan, Gerald Taylor, and Jack
Engebretson
Absent: - None
Elected and appointed officials present: Jack E Kirksey, Mayor; Robert
Schron, City Engineer; Mark Taormina, City Planner; Sean Kavanagh, City Attorney;
Joan McCotter, City Clerk, Karen Szymula, Director of Legislative Affairs, State Senator
Laura Toy, State Representative John Pastor, Ian Wilshaw, Traffic Commission and
Stan Dobis, Cable Commission
On a motion by Brosnan, seconded by Vandersloot, and unanimously
adopted, it was
CR 320-03 RESOLVED, that the minutes of the 1,491st Regular Meeting
of the Council held June 23, 2003 are hereby approved as submitted
During the audience communication portion of the agenda,
Councilmember Vandersloot announced that City Clerk Joan McCotter will be hosting
her 20th Annual Ice Cream Social on July 10 from 1200. p m to 1 30 p m in Civic
Center Park.
A communication from the Department of Finance, dated June 19, 2003,
re forwarding various financial statements of the City of Livonia for the month ending
May 31, 2003, was received and placed on file for the information of the Council
At the direction of the Chair, Agenda Item #19 was removed from the
Consent Agenda to the Regular Agenda
Regular Meeting of July 7, 2003 34144
A communication from the Engineering Division, dated July 1, 2003, re
no sidewalks in the immediate vicinity of a new residence at 18875 Pershing that is
requesting a sidewalk waiver, was received and placed on file for the information of the
Council (Agenda Item #4)
A communication from the Director of Legislative Affairs, dated July 2,
2003, re three violations issued by the Inspection Department that have not been
complied with relative to a request for the transfer of a liquor license for a business at
28905 Plymouth Road, was received and placed on file for the information of the
Council (Agenda Item #11)
A communication from the Director of Legislative Affairs, dated July 7,
2003, re an update stating that two violations issued by the Inspection Department
have been complied with relative to a request for the transfer of a liquor license for a
business at 28905 Plymouth Road, and the remaining one violation is being worked on
with the Inspection Department, was received and placed on file for the information of
the Council (Agenda Item #11)
A communication from the Department of Finance, dated July 3, 2003, -
Administrative Response - re a listing of all copiers owned or leased by the City, was
received and placed on file for the information of the Council (Agenda Item #13)
On a motion by Brosnan, seconded by Laura, it was
CR 321-03 RESOLVED, that having considered an application from
Stacie Pettit, 8937 Louisiana, dated May 19, 2003, requesting permission
to close Louisiana between Oregon and Kentucky on Saturday, July 26,
2003, from 1-00 p m to 10-00 p m for the purpose of conducting a block
party, the Council does hereby grant permission as requested, the action
taken herein being made subject to the approval of the Police Department.
Regular Meeting of July 7, 2003 34145
CR 322-03 RESOLVED, that having considered an application from
Gisele T Sidor, 36026 Dover, dated June 9, 2003, requesting permission
to close Dover between Linville and Crown on Saturday, August 23, 2003,
from 9.00 a m to 1000 p m for the purpose of conducting a block party,
the Council does hereby grant permission as requested, including therein
permission to conduct the said affair on Sunday, August 24, 2003, in the
event of inclement weather, the action taken herein being made subject to
the approval of the Police Department.
CR 323-03 RESOLVED, that having considered a letter from Jill M
Johnson, Cornerstone Family Worship Center Representative, dated June
23, 2003, which requests permission to place signs at various locations to
advertise their Community Celebrations scheduled for Sunday, July 27,
2003 and Sunday, August 31, 2003 from 5 00 p m until 8.00 p m , which
signs shall be approximately 18"x 24" in size and shall be displayed no
earlier than Monday, July 21, 2003 and removed no later than Monday,
July 28, 2003 for the July 27 celebration, and no earlier than Monday,
August 25, 2003 and removed no later than Monday, September 1, 2003
for the August 31 celebration, the Council does hereby grant and approve
this request in the manner and form herein submitted
CR 324-03 RESOLVED, that having considered a letter from Michael T
Wells, 18875 Pershing, Livonia, Michigan 48152, dated June 6, 2003,
requesting elimination of the sidewalk requirement in front of the new
residence located at 18875 Pershing, 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, 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
CR 325-03 RESOLVED, that having considered a communication from
the Mayor, dated June 18, 2003, wherein he has requested approval of
the reappointment of Ms Charlotte Mahoney, 18633 Williams Court,
Livonia, Michigan 48152, to the Economic Development Corporation of the
City of Livonia Board of Directors for a six-year term expiring June 7,
2009, the Council does hereby confirm and approve such reappointment.
CR 326-03 RESOLVED, that having considered a communication from
the Mayor, dated June 18, 2003, wherein he has requested approval of
the reappointment of Mr Kenneth Hale, 31950 Cambridge, Livonia,
Michigan 48154, to the Economic Development Corporation of the City of
Livonia Board of Directors for a six-year term expiring June 7, 2009, the
Council does hereby confirm and approve such reappointment.
Regular Meeting of July 7, 2003 34146
A communication from the Office of the City Clerk, dated June 13, 2003,
re forwarding a communication from the Secretary of the Board of Education, Wayne
County Regional Educational Service Agency, transmitting the tax rates approved by
the Board on June 11, 2003, requesting that their tax levy be collected as a summer tax,
and requesting that their two (2) millage rates be identified separately on property tax
bills, was received and placed on file for the information of the Council
A communication from the Office of the City Clerk, dated June 19, 2003,
re forwarding communications from the Assistant Superintendent for Business, Livonia
Public Schools, transmitting the tax rates that were approved by the Board of Education
on June 16, 2003, as revised on June 17, 2003, was received and placed on file for the
information of the Council
A communication from the Office of the City Clerk, dated June 23, 2003,
re salaries of elected officials for the 2004 and 2005 calendar years as determined by
the Local Officers Compensation Commission, was received and placed on file for the
information of the Council
CR 327-03 RESOLVED, that having considered a letter from the
Michigan Municipal League, dated June 23, 2003, with regard to the
Annual Business Meeting to be held in Detroit, Michigan, on September
17-19, 2003, the Council does hereby designate Councilmember Taylor as
the Official Representative and Voting Delegate of the City of Livonia at
the annual meeting, and does further designate Council President
Engebretson as the Alternate, and the City Clerk is hereby requested to
do all things necessary or incidental to the full performance of this
resolution
CR 328-03 RESOLVED, that having considered a letter from the
Michigan Liquor Control Commission, dated February 20, 2003, and the
report and recommendation of the Chief of Police, dated June 17, 2003,
approved for submission by the Mayor, the Council does hereby approve
of the request from Bilal A Mroue for transfer of ownership of a 2002 SDM
Licensed Business from Jeffery Yaffai for a business located at 28905
Regular Meeting of July 7, 2003 34147
Plymouth 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
L
CR 329-03 RESOLVED, that having considered the report and
recommendation of the Chief of Police, dated June 6, 2003, which bears
the signature of the Director of Finance and is approved for submission by
the Mayor, requesting renewal of the hardware service agreement
between Hewlett Packard Corporation, 31799 John R St., Madison
Heights, Michigan 48071 and the City of Livonia wherein Hewlett Packard
Corporation would continue to provide hardware support for the Livonia
Police Department computer system for the period July 1, 2003 through
June 30, 2004, for the sum of $24,486 24 from funds already budgeted in
Account No 101-306-851-000 for this purpose, the Council does hereby
approve the renewal of this Agreement and authorize the Mayor and City
Clerk, for and on behalf of the City of Livonia, to affix their signatures to
such Service Agreement, as well as to do all other things necessary or
incidental to the full performance of this resolution, FURTHER, the Council
does hereby authorize said action without competitive bidding and such
action is taken in accordance with the provisions set forth in Section
3 04 140D4 of the Livonia Code of Ordinances, as amended
CR 330-03 RESOLVED, that having considered the report and
recommendation of the Director of Finance, dated June 19, 2003,
approved for submission by the Mayor, and to which is attached (as
Exhibit A) a summary of quotes received for the lease purchase of copy
machines for various City departments, the Council does hereby authorize
the lease of six Lanier copy machines from Lanier Worldwide, Inc , 20700
Civic Center Drive, Suite 350, Southfield, Michigan 48076, and the lease
of one Danka copy machine from Danka Office Imaging Company, 32500
Telegraph Road, Bingham Farms, Michigan 48025, and one Ikon copy
machine from Ikon Office Solutions, Inc , 26800 Meadowbrook, Novi,
Michigan 48377, for a 48-month period for amounts, items and prices
indicated on the aforementioned Exhibit A, at the end of which time title to
the copiers will be transferred to the City; FURTHER, the Council does
hereby authorize the said action herein without competitive bidding in
accordance with the provisions set forth in Section 3 04 140D4 of the
Livonia Code of Ordinances, as amended
A communication from the Human Resources Director, dated June 17,
2003, re Livonia Employees Retirement System 50th Annual Actuarial Valuation Report
of Defined Benefit Plan as of November 30, 2002, was received and placed on file for
the information of the Council
Regular Meeting of July 7, 2003 34148
A communication from the Human Resources Director, dated June 17,
2003, re Livonia Retiree Health and Disability Benefits Plan 5th Annual Actuarial
thip
Valuation Report as of November 30, 2002, was received and placed on file for the
information of the Council
CR 331-03 RESOLVED, that having considered the report and
recommendation of the Department of Management Information Systems,
dated June 17, 2003, which bears the signature of the Director of Finance
and is approved for submission by the Mayor, submitted pursuant to
Council Resolution 206-03, the Council does hereby accept the quote of
Peripheral Vision, 39201 Schoolcraft Road, Suite B-14, Livonia, Michigan
48150 (provided under the Western States Contracting Alliances) to
provide the Department of Public Works with the hardware necessary for
the Cartegraph System in the amount of$42,171 00, with funds previously
approved in Council Resolution 206-03 for this purpose, FURTHER, the
Council does hereby authorize the purchase of said item without
competitive bidding for the reasons indicated in the aforesaid
communication, and such action is taken in accordance Section
3 04 140D2 of the Livonia Code of Ordinances, as amended
CR 332-03 RESOLVED, that having considered the report and
recommendation of the Department of Management Information Systems,
dated June 17, 2003, which bears the signature of the Director of Finance
and is approved for submission by the Mayor, submitted pursuant to
Council Resolution 206-03, the Council does hereby accept the quote of
Peripheral Vision, 39201 Schoolcraft Road, Suite B-14, Livonia, Michigan
48150, to provide the Department of Public Works with the operating
system software necessary for the Cartegraph System in the amount of
$12,222 64, with funds previously approved in Council Resolution 206-03
for this purpose, FURTHER, the Council does hereby authorize the
purchase of said item without competitive bidding for the reasons
indicated in the aforesaid communication, and such action is taken in
accordance with Section 3 04 140D2 of the Livonia Code of Ordinances,
as amended
CR 333-03 RESOLVED, that having considered the report and
recommendation of the Department of Management Information Systems,
dated June 17, 2003, which bears the signature of the Director of Finance
and is approved for submission by the Mayor, submitted pursuant to
Council Resolution 206-03, the Council does hereby accept the proposal
submitted by Plante & Moran, 27400 Northwestern Highway, Southfield,
Michigan 48034, to provide Project Management Consultant Services for
the Department of Public Works in connection with the Cartegraph System
Regular Meeting of July 7, 2003 34149
in the amount of $49,500 00 ($5,500 00 per month for nine months), with
funds previously approved in Council Resolution 206-03 for this purpose,
FURTHER, the Council does hereby authorize such action without
competitive bidding for the reasons indicated in the aforesaid
communication, and such action is taken in accordance with Section
3 04 140D2 of the Livonia Code of Ordinances, as amended, and the
Mayor and City Clerk are hereby auth orized, for and on behalf of the City
of Livonia, to execute a contract with the aforesaid company and to do all
other things necessary or incidental to the full performance of this
resolution
CR 334-03 RESOLVED, that having considered a communication from
the City Planning Commission, dated June 17, 2003, which transmits its
resolution 06-80-2003, adopted on June 3, 2003, with regard to Petition
2003-04-SN-03, submitted by Paul Varney, on behalf of American
Community Mutual Insurance Company, requesting approval for ground
signage for the office building located at 39201 Seven Mile Road, on the
southeast corner of Seven Mile and Haggerty Roads in the Northwest 1/4
of Section 7, the Council does hereby concur in the recommendation of
the Planning Commission and Petition 2003-04-SN-03 is hereby approved
and granted, subject to the following conditions
1 That the Sign Plan marked sheet S-1 dated April 24, 2003,
prepared by Lindhout Associates, is hereby approved and shall be
adhered to,
2 That these signs shall not be illuminated beyond one (1) hour after
this office building closes,
3 That no LED lightband or neon shall be permitted on this site,
including but not limited to the building or around the windows,
4 That any additional signage shall come back before the Planning
Commission and City Council for their review and approval, and,
5 That the specific plan referenced in this approving resolution shall
be submitted to the Inspection Department at the time the sign
permits are applied for
CR 335-03 RESOLVED, that having considered a communication from
the City Planning Commission, dated June 17, 2003, which transmits its
resolution 06-81-2003, adopted on June 3, 2003, with regard to Petition
2003-05-SN-04, submitted by Heileman Signs, on behalf of Tennyson
Chevrolet, requesting approval for ground signage for the used vehicle
dealership located at 32720 Plymouth Road, on the north side of Plymouth
Road between Farmington and Hubbard Roads in the Southwest 1/4 of
Regular Meeting of July 7, 2003 34150
Section 27, the Council does hereby concur in the recommendation of the
Planning Commission and Petition 2003-05-SN-04 is hereby approved
and granted, subject to the following conditions
1 That the Sign Package submitted by Heileman Signs, as received
by the Planning Commission on May 8, 2003, is hereby approved
and shall be adhered to,
2 That the approved sign shall meet all setback requirements,
3 That this ground sign shall not be illuminated beyond one (1) hour
after this business closes,
4 That no LED lightband or 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 plan referenced in this approving resolution shall
be submitted to the Inspection Department at the time the sign
permits are applied for
CR 336-03 RESOLVED, that having considered a communication from
the City Planning Commission, dated June 17, 2003, which transmits its
resolution 06-78-2003, adopted on June 3, 2003, with regard to the
request submitted by Michael Soave, on behalf of Boulder Pines, for
approval of the Master Deed and bylaws in connection with Petition 2001-
11-02-26, which previously received Site Plan approval by the City Council
on May 8, 2002, pursuant to CR 241-02, for the single family cluster
homes (site condominiums) development (Boulder Pines) located at
32405 Seven Mile Road, on the south side of Seven Mile Road between
Merriman and Brookfield in the Northwest 1/4 of Section 10, pursuant to
the provisions set forth in Section 18 62 of Ordinance No 543, as
amended, the Council does hereby concur in the recommendation of the
Planning Commission and the Master Deed and Bylaws in connection with
Petition 2001-11-02-26 are hereby approved and granted, subject to the
following conditions
1 That the Master Deed and bylaws comply with the requirements of
the Subdivision Control Ordinance, Title 16, Chapter 16 04 - 16 40
of the Livonia Code of Ordinances, and Article XX, Section 20 01-
20 06 of Zoning Ordinance #543, except for the fact the following
shall be incorporated,
Regular Meeting of July 7, 2003 34151
• That the first floor of each condominium unit shall be brick or
stone, on all four sides, and the total amount of brick or stone on
each two-story unit shall not be less than 65% and not less than
80% on one-story dwellings,
2 That the petitioner shall include language in the Master Deed or
separate recordable instrument wherein the condominium
association shall reimburse the City of Livonia for any maintenance
or repair costs incurred for the storm water detention/retention and
outlet facilities, and giving the City of Livonia the right to impose
liens on each lot owner's property prorata and place said charges
on their real estate tax bills in the event said charges are not paid
by the condominium association (or each lot owner) within thirty
(30) days of billing by the City of Livonia,
3 That the brick used in the construction of each condominium unit
shall be full-face four (4) inch brick, no exceptions,
4 That the petitioner shall include language in the Master Deed or a
separate recordable instrument establishing a cross access
agreement between this development and the adjacent
developments that are being developed in relationship to this
development; and,
5 That all conditions imposed by Council Resolution #241-02 in
connection with Petition 2001-11-02-26, which permitted the
development of single-family cluster homes on the subject property,
shall remain in effect to the extent that they are not in conflict with
the foregoing conditions
CR 337-03 RESOLVED, that having considered a communication from
the City Planning Commission, dated June 17, 2003, which transmits its
resolution 06-83-2003 adopted on June 3, 2003, with regard to Petition
2003-05-08-10 submitted by Rick Harding, on behalf of Integrated
Environmental, requesting site plan approval in connection with a proposal
to construct an addition to, and to renovate the exterior of, the office
building located at 19849 Middlebelt Road, on the west side of Middlebelt
Road between Bretton and Eight Mile Road in the Southeast 1/4 of
Section 2, pursuant to the provisions set forth in Section 18 58 of Zoning
Ordinance No 543, as amended, the Council does hereby concur in the
recommendation of the Planning Commission and Petition 2003-05-08-10
is hereby approved and granted, subject to the following conditions
1 That the Site and Elevation Plan marked Sheet C-1 dated June 3,
2003, as revised, prepared by Cornerstone Design, is hereby
approved and shall be adhered to,
Regular Meeting of July 7, 2003 34152
2 That all disturbed lawn areas shall be sodded in lieu of
/,111.
3 hydroseeding,
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,
4 That the brick used in the construction shall be full-face four (4)
inch brick;
5 That all rooftop mechanical equipment shall be concealed from
public view on all sides by screening that shall be of a compatible
character, material and color to other exterior materials on the
building,
6 That there shall be no dumpster located outside of the building, and
all trash must be contained within the building except on the day
trash is scheduled for removal,
7 That the petitioner shall secure the necessary storm water
management permits from Wayne County, the City of Livonia,
8 and/or the State of Michigan,
That all light fixtures shall not exceed 20 feet in height and shall be
aimed and shielded so as to minimize stray light trespassing across
property lines and glaring into adjacent roadway;
9 That the petitioner shall correct to the Inspection Department's
satisfaction the following as outlined in the correspondence dated
May 29, 2003
• That the entire parking lot shall be repaired, resealed and
double striped,
• That all handicap spaces shall be identified and comply with the
Michigan Barrier Free Code,
10 That the petitioner shall submit legal documentation describing a
cross access parking agreement between this site and the
Lighthouse Worship Center Church,
11 That if the Inspection Department deems it necessary, this approval
is subject to the petitioner being granted a variance from the Zoning
Board of Appeals for deficient parking and any conditions related
thereto,
Regular Meeting of July 7, 2003 34153
12. That no signs, either freestanding or wall mounted, are approved
13 with this petition,
That no LED lightband or neon shall be permitted on this site,
including but not limited to, the building or around the windows,
14 That for the south and west property lines, the petitioner shall have
the option of either erecting a protective wall immediately, going to
the Zoning Board of Appeals for a temporary wall variance or
seeking the consent of the abutting property owner(s),
15 That the petitioner will submit a detailed Landscape Plan to the
Director of the Planning Department for approval, and
16 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
CR 338-03 RESOLVED, that having considered a communication from
the City Planning Commission, dated June 17, 2003, which transmits its
resolution 06-84-2003 adopted on June 3, 2003, with regard to Petition
2003-05-08-11, submitted by Linda Macchiarolo, on behalf of Town
Peddler, requesting site plan approval in connection with a proposal to
renovate the exterior of the shopping center located at 35323 Plymouth
Road, on the south side of Plymouth Road between Wayne Road and
Yale Avenue in the Northwest 1/4 of Section 33, pursuant to the provisions
set forth in Section 18 58 of Zoning Ordinance No 543, as amended, the
Council does hereby concur in the recommendation of the Planning
Commission and Petition 2003-05-08-11 is hereby approved and granted,
subject to the following conditions
1 That the Site and Elevation Plan marked Sheet SP-1 dated May 12,
2003, as revised, prepared by George J Hartman Architects, is
hereby approved and shall be adhered to,
2 That the east, west and south elevations of the building shall be
repainted in a color that corresponds with the changes to the north
elevation,
3 That all rooftop mechanical equipment shall be concealed from
public view on all sides by screening that shall be of a compatible
character, material and color to other exterior materials on the
building,
4 That an enclosed dumpster area shall be located on the site and
that the three walls of the trash dumpster area shall be constructed
Regular Meeting of July 7, 2003 34154
out of the same materials as the building or, in the event a poured
wall is substituted, the wall's design, texture and color shall match
that of the building and the enclosure gates shall be maintained and
when not in use closed at all times,
5 That all light fixtures shall not exceed 20 feet in height and shall be
aimed and shielded so as to minimize stray light trespassing across
property lines and glaring into adjacent roadway;
6 That the petitioner shall correct to the Inspection Department's
satisfaction the following as outlined in the correspondence dated
May 29, 2003
• That the east drive approach shall be repaired and/or replaced,
• That the main parking lot shall be repaired, resealed and double
striped,
• That the parking light poles shall be repaired or replaced and
painted,
• That the parking bumpers shall be reset and re-anchored,
• That the rear access drive shall be repaired,
• That the sidewalk and walkway at the immediate front of the
building shall be replaced,
7 That the petitioner shall correct to the Engineering Department's
satisfaction the following as outlined in the correspondence dated
May 13, 2003
• That the 60 ft. of right-of-way for Plymouth Road shall be
dedicated, if the owner has dedicated the right-of-way directly to
the Michigan Department of Transportation, a copy of the
dedication document shall be submitted to the City of Livonia,
8 That the petitioner shall correct to the Police Department's
satisfaction the following as outlined in the correspondence dated
May 22, 2003
• That all handicap spaces shall be identified and comply with the
Michigan Barrier Free Code,
• That a fire lane be posted along the north side of the building, in
the area of the front doors,
Regular Meeting of July 7, 2003 34155
9 That only conforming signage is approved with this petition, and
any additional signage shall be separately submitted for review and
approval by the Planning Commission and City Council,
10 That no LED lightband or neon shall be permitted on this site,
including but not limited to, the building or around the windows, and
11 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
A communication from the Department of Law, dated June 9, 2003, -
Administrative Reply - re proposed revision to Zoning Ordinance Section 18 06, to add
language to said section to define a "clear majority", was received and placed on file for
the information of the Council (CR 204-03)
A communication from the Planning Department, dated May 16, 2003, -
Administrative Reply— re a list of subdivisions that likely fall into the category of where
property owners can build on nonconforming lots without Zoning Board of Appeals or
City Council approval (Section 18 06 of the Zoning Ordinance), was received and
placed on file for the information of the Council (CR 205-03)
CR 339-03 RESOLVED, that having considered the report and
recommendation of the Department of Law, dated June 9, 2003, approved
for submission by the Mayor, submitted pursuant to Council Resolution
204-03, and the report and recommendation of the Planning Department,
dated May 16, 2003, approved for submission by the Mayor, submitted
pursuant to Council Resolution 205-03, in connection with the subject of
adding language to Section 18 06 (Nonconforming Lots) of Zoning
Ordinance No 543 to define a "clear majority" at a specific percentage
and to identify areas in the City that fall into this category, the Council
does hereby refer this item to the City Planning Commission for action and
recommendation in accordance with provisions of law and City ordinance
A communication from the Department of Law, dated June 11, 2003, -
Administrative Reply - re Amended Consent Judgment reflecting the proposed
development of a portion of the Oakwood Healthcare System property by S & N
Regular Meeting of July 7, 2003 34156
Development Company, LLC, was received and placed on file for the information of the
Council (CR 52-03)
CR 340-03 RESOLVED, that having considered a communication from
the Department of Law, dated June 13, 2003, approved for submission by
the Mayor, with regard to a proposed amendment to Section 20 05 (b) and
(c) of Zoning Ordinance No 543, to clarify that approval of the Master
Deed must be obtained prior to the establishment of improvement bonds
in connection with cluster housing projects designed as site
condominiums, the Council does hereby refer this item to the City
Planning Commission for action and recommendation in accordance with
provisions of law and City ordinance
CR 341-03 RESOLVED, that having considered a request from
Councilmember Laura to investigate the need for a traffic signal at the
intersection of Middlebelt Road and Jamison Street, the Council does
hereby refer this item to the Traffic Commission for its report and
recommendation
CR 342-03 RESOLVED, that having considered a request from
Councilmember Laura, in connection with a communication from Roy D
Puckett, regarding numerous dead Emerald Ash trees located within the
City and the cost of removal of such trees, the Council does hereby refer
the subject of whether any funding can be obtained from the State of
Michigan for the removal of these trees to the Administration for its report
and recommendation
Roy Puckett, 31642 Grove, Livonia, 48154, spoke to the Council regarding his concerns
about the cost of dead tree removal resulting from the Emerald Ash tree borer, and
submitted an estimate that he received for the removal of said trees located on his
property
State Senator Laura Toy responded to Mr Puckett's concerns, and explained what the
State's efforts are in addressing the problem of the Emerald Ash tree borer
CR 343-03 RESOLVED, that having considered a request from
Councilmember Brosnan regarding the subject of crosswalks at the
Livonia Community Recreation Center, the Council does hereby refer this
item to the Administration for its report and recommendation
CR 344-03 WHEREAS, the City Clerk has received an Application for
Industrial Facilities Exemption Certificate from Applied Process, Inc ,
received in the Office of the City Clerk on June 19, 2003, covering new
industrial facilities to be located within City of Livonia Industrial
Development District No 35,
Regular Meeting of July 7, 2003 34157
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
LIVONIA that it determines as follows
1 The City Clerk shall provide copies of the said Application to the
legislative bodies of the governmental units deriving property taxes
from the property which will be affected, as required by Act 198,
P.A. 1974, as amended
2 The City Clerk shall contact each of the affected taxing units, and (i)
indicate the Council's interest in this matter, and (ii) assist these
taxing units in collecting such information as may be necessary to
determine their respective opinions on this Application, and (iii)
advise the said taxing units of this Council's desire to hold a hearing
on this Application on Wednesday, September 3, 2003, at TOO p m
at the Livonia City Hall, 33000 Civic Center Drive, Livonia,
Michigan
3 The Council hereby sets Wednesday, September 3, 2003, at 7 00
p m , at the Livonia City Hall, 33000 Civic Center Drive, Livonia,
Michigan, as the date, time and place for conducting a hearing on
said Application
CR 345-03 WHEREAS, the City Clerk has received an Application for
Industrial Facilities Exemption Certificate from Ford Motor Company,
dated June 27, 2003, covering new industrial facilities to be located within
City of Livonia Industrial Development District No 1,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
LIVONIA that it determines as follows
1 The City Clerk shall provide copies of the said Application to the
legislative bodies of the governmental units deriving property taxes
from the property which will be affected, as required by Act 198,
P.A. 1974, as amended
2 The City Clerk shall contact each of the affected taxing units, and (i)
indicate the Council's interest in this matter, and (ii) assist these
taxing units in collecting such information as may be necessary to
determine their respective opinions on this Application, and (iii)
advise the said taxing units of this Council's desire to hold a hearing
on this Application on Wednesday, September 3, 2003, at TOO p m
at the Livonia City Hall, 33000 Civic Center Drive, Livonia,
Michigan
3 The Council hereby sets Wednesday, September 3, 2003, at 7 00
p m , at the Livonia City Hall, 33000 Civic Center Drive, Livonia,
Regular Meeting of July 7, 2003 34158
Michigan, as the date, time and place for conducting a hearing on
said Application
A roll call vote was taken on the foregoing resolutions with the following result:
AYES Laura, Brosnan, Knapp, Vandersloot, Dolan, Taylor and
Engebretson
NAYS None
On a motion by Laura, seconded by Taylor, and unanimously adopted, it
was
CR 346-03 RESOLVED, that having considered the report and
recommendation of the City Engineer and the Director of Public Works,
dated June 11, 2003, which bears the signature of the Director of Finance
and is approved for submission by the Mayor, submitted in connection
with Council Resolution 168-01, with regard to the possible installation of
sidewalks on Eight Mile Road between 1-275 and Newburgh Road, the
Council does hereby determine to refer this subject matter to the Streets,
Roads and Plats Committee for its report and recommendation
Councilmember Brosnan gave first reading to 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 2003-01-01-04)
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 Brosnan gave first reading to the following
Ordinance
AN ORDINANCE AMENDING SECTION 10 OF THE
ZONING MAP OF THE CITY OF LIVONIA AND AMENDING
ARTICLE III OF ORDINANCE NO 543, AS AMENDED,
Regular Meeting of July 7, 2003 34159
KNOWN AND CITED AS "THE CITY OF LIVONIA ZONING
ORDINANCE" BY ADDING SECTION 3 THERETO
(Petition 2003-02-01-07)
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 Brosnan gave first reading to the following
Ordinance
AN ORDINANCE AMENDING SECTION 33 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 2003-02-01-08)
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 Vandersloot took from the table, for second
reading and adoption, the following Ordinance
AN ORDINANCE AMENDING SECTION 060 OF TITLE 16,
CHAPTER 32 (SUBDIVISIONS) OF THE LIVONIA CODE
OF ORDINANCES, AS AMENDED "
A roll call vote was taken on the foregoing Ordinance with the following result:
AYES Laura, Brosnan, Knapp, Vandersloot, Dolan, Taylor and
Engebretson
NAYS None
The President declared the foregoing Ordinance duly adopted, and would
become effective on publication
Regular Meeting of July 7, 2003 34160
A communication from the Engineering Division, dated July 3, 2003, re
storm water detention issues for the proposed office complex by Tri-West Development
located at 19337 Farmington Road, was received and placed on file for the information
of the Council (Petition 2002-08-08-18)
A communication from Wayne County Department of Public Services,
dated July 3, 2003, re waiver of the water detention requirements relative to the
proposed office complex by Tri-West Development located at 19337 Farmington Road,
was received and placed on file for the information of the Council (Petition 2002-08-08-
18)
On a motion by Brosnan, seconded by Knapp, and unanimously adopted,
it was
CR 347-03 RESOLVED, that having considered a communication from
the City Planning Commission, dated June 17, 2003, which transmits its
resolution 06-79-2003 adopted on June 3, 2003, with regard to a request
submitted by Tri-West Development, on behalf of Farmington Road Office
Complex, for approval to revise the site plan which was approved by the
City Council on October 9, 2002, pursuant to Council Resolution 536-02
(Petition 2002-08-08-18), to construct an office complex on property located
at 19337 Farmington Road, on the west side of Farmington Road between
Seven Mile Road and Norfolk in the Southeast 1/4 of Section 4, the Council
does hereby concur in the recommendation of the Planning Commission
and the request to revise the site plan in connection with Petition 2002-08-
08-18 is hereby approved and granted, subject to the following conditions
1 That the Site Plan dated May 16, 2003, prepared by Landmark
Engineering Company, is hereby approved and shall be adhered to,
except for the fact that Building "C" shall be shifted in order to meet
all setback requirements,
2 That the Landscape Plan dated June 9, 2003, as revised, marked
sheet P1 prepared by Tiseo Architects, is hereby approved and
shall be adhered to,
Regular Meeting of July 7, 2003 34161
3 That the Exterior Building Elevation Plans marked Sheet P4 and
P5, both dated May 20, 2003, as revised, prepared by Tiseo
Architects, are hereby approved and shall be adhered to,
4 That all rooftop mechanical equipment shall be concealed from
public view on all sides by screening that shall be of a compatible
character, material and color to other exterior materials on the
building,
5 That the petitioner shall secure the necessary storm water
management permits from Wayne County, the City of Livonia,
and/or the State of Michigan,
6 That the petitioner shall correct to the Police Department's
satisfaction the following as outlined in the correspondence dated
May 29, 2003
• That a fire lane be established along the driveway between the
existing building and the future office/medical building,
• That "stop" signs be installed at the exits,
7 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
8 That all conditions imposed by Council Resolution #536-02 in
connection with Petition 2002-08-08-18, which permitted the
construction of an office complex on the subject property, shall
remain in effect to the extent that they are not in conflict with the
foregoing conditions
On a motion by Taylor, seconded by Dolan, and unanimously adopted, it
was
CR 348-03 WHEREAS, pursuant to Act No 198 of the Public Acts of
1974, as amended, this Council has the authority to establish industrial
development districts within the boundaries of the City of Livonia, and
WHEREAS, a proposal was made regarding the establishment of an
industrial development district encompassing land situated in the City of
Livonia and comprised of an area of approximately 8 acres, more
particularly described in Exhibit A, attached hereto and incorporated by
reference herein, which area is hereinafter referred to as "City of Livonia
Industrial Development District No 88", and
Regular Meeting of July 7, 2003 34162
WHEREAS, written notice has been given by certified mail to The
Observer & Eccentric Newspapers, Inc of the Council's pending action on
this resolution and of its right to a hearing on the establishment of
proposed City of Livonia Industrial Development District No 88, and
WHEREAS, notice has been given to all interested owners, residents and
taxpayers in the Livonia area of a public hearing on the establishment of
the proposed City of Livonia Industrial Development District No 88, and
WHEREAS, on June 16, 2003, a public hearing was held on the
establishment of proposed City of Livonia Industrial Development District
No 88, at which time The Observer & Eccentric Newspapers and other
taxpayers and residents of the City of Livonia had an opportunity to be
heard (a copy of the statements both written and oral made at such
hearing being on file with this City Council), and a representative of The
Observer & Eccentric Newspapers, Inc , attended said hearing and
acknowledged receipt of notice of such hearing on behalf of the said
corporation,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
LIVONIA, AS FOLLOWS
1 An Industrial Development District is hereby established, such
district to consist of the area described in Exhibit A, attached
hereto
2 Such Industrial Development District is hereby designated as the
"City of Livonia Industrial Development District No 88 "
EXHIBIT A
All that part of the Northeast 1/4 of Section 29, Town 1 South,
Range 9 East, City of Livonia, Wayne County, Michigan,
described as beginning at a point distant South 1 degree 49
minutes 08 seconds East, 288 00 feet along the North and
South 14 lines of said Section 29 and North 88 degrees 08
minutes 21 seconds East, 60 00 feet from the North '/4
corner of Section 29, said point of beginning will also be the
future intersection of the Southerly line of the proposed
Michigan State Highway Department Right of Way with the
Easterly line of Levan Road as proposed to be widened,
thence along said Southerly line of the proposed Michigan
State Highway Department Right of Way, North 70 degrees
46 minutes 24 seconds East, 33 50 feet and North 88
degrees 08 minutes 21 seconds East, 459 09 feet; thence
South 1 degree 49 minutes 08 seconds East, 697 00 feet;
Regular Meeting of July 7, 2003 34163
thence South 88 degrees 08 minutes 21 seconds West,
508 06 feet; thence along the future Easterly line of said
Levan Road as proposed to be widened North 1 degree 49
minutes 08 seconds West, 375 00 feet and North 88 degrees
08 minutes 21 seconds East, 17 00 feet and North 1 degree
49 minutes 08 seconds West, 312 00 feet to the point of
beginning (8 acres)
A communication from the Mayor, dated July 2, 2003 and revised July 3,
2003, re a compromise submitted by William Roskelly, owner, wherein he is willing to
donate 1 03 acres of the former Rosedale School site property to the City to be used as
additional parkland at Kleinert Park, was received and placed on file for the information
of the Council (Petition 2003-02-01-09)
A communication from the Department of Law, dated July 7, 2003, re its
recommendation not to request any legal opinions or an outline of the City's strategy in
the event of a potential lawsuit unless the City is sued, relative to the rezoning petition
submitted by William Roskelly, was received and placed on file for the information of the
Council (Petition 2003-02-01-09)
A communication from Jan Afonso, President of Friends of Open Spaces
In Livonia (FOSIL), 9918 Hubbard, Livonia, 48150, dated July 3, 2003, re her request
that City Council deny the rezoning request of William Roskelly, was received and
placed on file for the information of the Council (Petition 2003-02-01-09)
Mayor Kirksey asked City Planner Mark Taormino to show and explain the
compromised plan submitted by William Roskelly, which he did The mayor then
explained his reasons for wanting an approval of the compromise and presented photos
of Kleinert & Mies Parks to help determine the usage of these parks
Jody Kirsch, 30858 Mayville, stated she lives near Bryant School and her interest
in the result of the disposition of the Rosedale property is linked to what may be the
future of the Bryant School property
Jan Afonso, 9918 Hubbard, stated her reasons for opposition to the compromise
submitted by Mr Roskelly
Regular Meeting of July 7, 2003 34164
Christopher Martin, 11037 Hubbard, offered a history of the subject property
Julie Noble,ulie Noble, 9906 Hubbard, spoke in support of the compromise submitted by Mr
Roskelly
William
1y
William Roskelly explained his reasons for offering the subject compromise and
stated that there will be no further concessions
Rick Rainville, 9928 Hubbard, Livonia, 48150, spoke about his concern that the
character of the neighborhood was being chipped away
Tim Bailey, 9826 Cranston, spoke about his concern that the rezoning would
severely impact the neighboring Kleinert ballfield
Mr Afonso, 9918 Hubbard, spoke in opposition to the compromise submitted by
Mr Roskelly
Susan Gibson, 9615 Hubbard, spoke in opposition to the compromise submitted
by Mr Roskelly
The President relinquished the Chair to the Vice-President at 9.20 p m to speak
to this issue
On a motion by Vandersloot, seconded by Dolan, it was
CR 349-03 RESOLVED, that having considered a communication from
the City Planning Commission, dated April 17, 2003, which sets forth its
resolution #04-53-2003, adopted on April 15, 2003, with regard to Petition
2003-02-01-09, submitted by William Roskelly for a change of zoning of
property located on the west side of Cranston Avenue between West
Chicago Road and Orangelawn Avenue (9825 Cranston Avenue) in the
Northeast 1/4 of Section 34 from PL (Public Lands) to One Family
Residential, and the Council having conducted a public hearing with
regard to this matter on June 24, 2003, pursuant to Council Resolution
223-03, the Council does hereby approve Petition 2003-02-01-09, as
amended, so as to rezone the east 157 feet of the subject property to the
R-1 zoning classification and the balance of the described property is to
remain in the PL zoning classification, 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 July 7, 2003 34165
A roll call vote was taken on the foregoing resolution with the following result:
AYES Vandersloot, Dolan, Taylor, Engebretson and Knapp
NAYS Laura and Brosnan
The Vice President declared the resolution duly adopted
On a motion by Vandersloot, seconded by Laura, and unanimously
adopted, it was
CR 350-03 RESOLVED, that in connection with Petition 2003-02-01-09,
the Council does hereby refer the subject of scheduling a meeting with
LPS school board trustees to discuss land use and the rezoning process
to the School Liaison Committee for its report and recommendation
On a motion by Taylor, seconded by Laura, and unanimously
adopted, it was
CR 351-03 RESOLVED, that in connection with Petition 2003-02-01-09,
the Council does hereby refer the subject of a review of the Whitman Park
lease to the School Liaison Committee for its report and recommendation
On a motion by Laura it was
RESOLVED, that in connection with Petition 2003-02-01-09,
the Council does hereby refer the subject of the use of the Rosedale
property to the Committee of the Whole for its report and
recommendation
The Vice-President declared the motion failed for lack of support.
On a motion by Laura, seconded by Brosnan, and unanimously adopted, it
was
CR 352-03 RESOLVED, that in connection with Petition 2003-02-01-09,
the Council does hereby refer the subject of the process involved for
public land to become taxable properties, how property was assessed,
how long taxes have been paid, how much was paid and is there a
procedure in place specifically designed when property is rezoned from
public lands to the Administration for its report and recommendation
On a motion by Laura, seconded by Brosnan, it was
Regular Meeting of July 7, 2003 34166
RESOLVED, that in connection with Petition 2003-02-01-09,
the Council does hereby determine to return the collected taxes paid by
the current owner of the subject property
Councilmember Brosnan withdrew her support from the foregoing motion
On a motion by Laura, seconded by Brosnan, and unanimously adopted, it
was
CR 353-03 RESOLVED, that in connection with Petition 2003-02-01-09,
the Council does hereby refer the subject of the possible return of taxes
paid by the current owner of the subject property to the Administration for
its report and recommendation
The President resumed the Chair at 9 33 p m
On a motion by Taylor, seconded by Vandersloot, and unanimously
adopted, it was
CR 354-03 RESOLVED, that having considered a communication from
the City Librarian, dated June 20, 2003, which bears the signature of the
Director of Finance and is approved for submission by the Mayor, the
Council does, for and on behalf of the City of Livonia, accept various gifts
and cash donations, in the total amount of $44,375 00, from the sources
indicated therein for use by the Livonia Public Library as indicated in the
aforesaid communication, FURTHER, the Council does hereby
appropriate and credit the amount of $20,225 00 to Account No 702-000-
285-271, $10,000 00 to Account No 702-000-285-272 and $12,150 00 to
Account No 702-000-285-273 for the purposes as designated by the
donors
On a motion by Laura, seconded by Brosnan, it was
CR 355-03 RESOLVED, that the Council does hereby repeal and
rescind Council Resolution 268-03, which set a Public Hearing date and
time of Wednesday, September 17, 2003 at 7 00 p m regarding Petition
2003-02-01-10, submitted by Larry DeFiore, on behalf of Spalding
Properties, LLC, for a change of zoning of property located on the south
side of Plymouth Road between Newburgh Road and Roselinda Road in
the Southeast 1/4 of Section 30 from RUF to R-8 and R-1, as amended so
as to rezone this property to R-1 only
A roll call vote was taken on the foregoing resolution with the following result:
34167
AYES Laura, Brosnan, Dolan and Taylor
NAYS Knapp, Vandersloot and Engebretson
The President declared the resolution duly adopted
On a motion by Laura, seconded by Brosnan, and unanimously adopted, it
was
CR 356-03 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
Petition 2003-02-01-10, submitted by Larry DeFiore, on
behalf of Spalding Properties, LLC, for a change of zoning of
property located on the south side of Plymouth Road
between Newburgh Road and Roselinda Road in the
Southeast 1/4 of Section 30 from RUF to R-8 and R-1, the
City Planning Commission in its resolution 05-63-2003
having recommended to the City Council that Petition 2003-
02-01-10 be approved as amended so as to rezone this
property to R-1 only;
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
On a motion by Brosnan, seconded by Dolan, and unanimously adopted,
this 1,492nd Regular Meeting of the Council of the City of Livonia was adjourned at 9 43
p m , July 7, 2003
eau-
oan McCotter, City Clerk