HomeMy WebLinkAboutCOUNCIL MINUTES 2002-10-09 33757
MINUTES OF THE ONE THOUSAND FOUR HUNDRED SEVENTY-FOURTH
REGULAR MEETING OF OCTOBER 9, 2002
On October 9, 2002, the above meeting was held at the City Hall, 33000
Civic Center Drive, Livonia, Michigan, and was called to order by the President of the
Council at 8 00 p m Councilmember Dolan delivered the invocation
Roll was called with the following result: Linda Dolan, Gerald Taylor, Joe
Laura, Maureen Miller Brosnan, Donald Knapp, Val Vandersloot 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, Mary Rutan,
Human Resources Director and Alan Brandemihl, Fire Chief
On a motion by Vandersloot, seconded by Dolan, and unanimously
adopted, it was
CR 528-02 RESOLVED, that the minutes of the 1,473rd Regular Meeting
of the Council held September 25, 2002 are hereby approved as
submitted
During the audience communication portion of the agenda,
Councilmember Laura stated that the 300th MP Command, which is one of the largest
command units in Michigan, has been activated with 6 month orders After 30 days of
training, they will be deploying overseas for an unknown destination He asked for
prayers for the men and women of the 300th MP Command
A communication from the Department of Finance, dated September 19,
2002, re forwarding various financial statements of the City of Livonia for the month
ending August 31, 2002, was received and placed on file for the information of the
Council
Regular Meeting of October 9, 2002 33758
At the direction of the Chair and at the request of two Councilmembers,
Agenda items No 11 and 12 were moved to the next Regular Meeting of October 23,
2002
At the direction of the Chair, Audience Communication was re-opened to
accommodate new information to be presented relative to the Ardmore rezoning and
site plan subject matter
Mr Sauter, 32809 Fargo, 48152, President of Woodlore Condominium
Association, stated that he is in favor of going ahead with the proposed development.
Patricia Holmes, 11015 Merriman Road, 48154, spoke to the legal opinion
expressed in a letter from Rod A. Dunlap & Associates, PLC, regarding a petition that
was signed by the Woodlore Condominium Association Board
Kim Naccashian, 32750 Norfolk, 48152, spoke about not wanting to
further disrupt the residents of the Woodlore Condomiums with requests to sign a
petition regarding the proposed Ardmore development.
A communication from Harry J Will Funeral Home, 37000 Six Mile Road,
48152, dated October 3, 2002, re a positive attitude from their neighbor at 17151
Fitzgerald relative to installing a greenbelt instead of a protective wall, was received and
placed on file for the information of the Council (Agenda Item # 7)
A Landscape Plan, dated October 1, 2002, re Curtis Creek Site
Condominiums located at 29967 Curtis Road, was received and placed on file for the
information of the Council (Agenda Item #8)
On a motion by Brosnan, seconded by Taylor, it was
CR 529-02 RESOLVED, that having considered a letter from Michael R
Lapham, 18886 Brentwood, Livonia, Michigan 48152, dated September 3,
2002, requesting to purchase certain City-owned property (Parcel No 46-
046-99-0102-000), consisting of the vacant lot located to the rear of his
property, the Council does hereby refer this matter to the Department of
Law and the Planning Department for their respective reports and
recommendations
CR 530-02 RESOLVED, that having considered a letter from Jennifer
and Gary Chopp, 10582 Stark Road, Livonia, Michigan 48150, requesting
assistance from the City in reducing speeding traffic on Stark Road
Regular Meeting of October 9, 2002 33759
between Plymouth Road and Hines Drive, the Council does hereby refer
this item to the Traffic Commission for its report and recommendation
A monthly Construction Progress Report for September, 2002, presented
by Michael J Genrich, Senior Project Manager, Etkin Skanska Inc , re update on the
Livonia Community Recreation Center, was received and placed on file for the
information of the Council
A communication from the Office of the City Clerk, dated September 11,
2002, re collection of Wayne County Transit Authority Taxes for the year 2002, and the
new millage rate to be collected by the City beginning December 1, 2002, was received
and placed on file for the information of the Council
A communication from the Inspection Department, dated September 10,
2002, - Administrative Response - re the subject of the condemnation of a house
located at 31800 Norfolk, in connection with Petition 2002-04-01-06 submitted by
Timothy and Carol McGee, Mamie Tansley, Jude and Rebecca Mansilla and James
Tyler, for a change of zoning of property at 31790, 31800, 31780, 31710, 31785 and
31789 Norfolk Avenue, was received and placed on file for the information of the
Council (CR 463-02)
CR 531-02 RESOLVED, that having considered the report and
recommendation of the City Assessor, dated August 30, 2002, with regard
to Industrial Facilities Exemption Certificate #97-351, which is scheduled
to expire on December 30, 2007 and which was heretofore referred to as
City of Livonia Industrial Development District No 9, relative to Fly-Form
Products, Inc., located at 35588 Veronica, the Council does hereby
determine to revoke the said Industrial Facilities Exemption Certificate due
to the fact that the Hy-Form Products, Inc. operation has closed and no
application to transfer the existing Industrial Facilities Exemption
Certificate has been filed
CR 532-02 RESOLVED, that having considered the report and
recommendation of the City Assessor, dated August 30, 2002, with regard
Regular Meeting of October 9, 2002 33760
to the proposed revocation of Industrial Facilities Exemption Certificate
#97-351, relative to Hy-Form Products, Inc., located at 35588 Veronica,
the Council does hereby refer the subject of possibly obtaining a refund
from Hy-Form Products, Inc for abated taxes to the Mayor for a report and
recommendation
CR 533-02 RESOLVED, that having considered a communication from
the City Planning Commission, dated September 16, 2002, which
transmits its resolution 09-112-2002 adopted on September 10, 2002, with
regard to Petition 2002-08-GB-02, submitted by Harry J Will Funeral
Home, requesting to substitute a greenbelt for the protective wall as
outlined in Section 18 45 of Zoning Ordinance No 543, as amended, for
property located at 37000 Six Mile Road in the Southwest 1/4 of Section 8,
the Council does hereby concur in the recommendation of the Planning
Commission and Petition 2002-08-GB-02 is hereby approved and granted,
subject to the following conditions
1 That the landscaped greenbelt along the east property line, as
shown on the plan received by the Planning Commission on August
2, 2002, shall be substituted for the protective wall required by
Section 18 45 of the Zoning Ordinance,
2. That in the event of any change of circumstances in the area
containing the greenbelt resulting in a diminution of the greenbelt's
effectiveness as a protective barrier, the owner of the property shall
be required to submit such changes to the Planning Commission
and the City Council for their review and approval and immediately
construct the protective wall pursuant to Section 18 45, and
3 That the petitioner shall correct to the Inspection Department's
satisfaction the following as outlined in the correspondence dated
September 4, 2002
- That the entire parking lot shall be repaired, resealed and
double striped,
- That the site's dumpster shall be enclosed and that the three
walls of the trash dumpster area shall be constructed out of the
same brick used in the construction of 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
CR 534-02 RESOLVED, that having considered a communication from
the City Planning Commission, dated September 16, 2002, which
transmits its resolution 09-110-2002 adopted on September 10, 2002, in
Regular Meeting of October 9, 2002 33761
connection with Petition 2002-01-08-04, submitted by Vincent and
Frances DeSanto, on behalf of Curtis Creek Site Condominiums,
requesting approval of a landscape plan and entrance marker for the site
condominiums located at 29967 Curtis Road in the Southeast 1/4 of
Section 11, the Council does hereby concur in the recommendation of the
Planning Commission, and the Landscape Plan and Entrance Marker in
connection with Petition 2002-01-08-04 are hereby approved and granted,
subject to the following conditions
1 That the Landscape Plan for the entrance area marked Sheet 1
dated October 1, 2002, as revised, prepared by Jarrett-Mills-Schron
and Associates, is hereby approved and shall be adhered to,
2 That the entrance marker and its location, as shown on the
approved plan is hereby approved and shall be adhered to, except
for the fact that the sign shall be setback at least 10 feet from the
right-of-way line,
3 That the Landscape Plan for the cul-de-sac island marked Sheet 1
dated August 1, 2002, prepared by Jarrett-Mills-Schron and
Associates, is hereby approved and shall be adhered to,
4 That the Landscape Plan for the detention basin marked Sheet 1
dated August 1, 2002, prepared by Jarrett-Mills-Schron and
Associates, is hereby approved and shall be adhered to, except for
the fact that additional trees shall be planted to the satisfaction of
the Planning Director;
5 That all disturbed lawn areas shall be sodded in lieu of
hydroseeding,
6 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,
7 That the brick used in the construction of the entrance marker shall
be full-face four (4) inch brick, no exceptions,
8 That if the road of the development is dedicated to the City of
Livonia and is designated a public street, the sign must obtain
approval from the Zoning Board of Appeals in order to be located
within the median strip of a public divided lane entrance, and,
Regular Meeting of October 9, 2002 33762
9 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 roll call vote was taken on the foregoing resolutions with the following result:
AYES Dolan, Taylor, Laura, Brosnan, Knapp, Vandersloot and
Engebretson
NAYS None
On a motion by Taylor, seconded by Brosnan, and unanimously adopted,
it was
CR 535-02 RESOLVED, that having considered the report and
recommendation of the Committee of the Whole, dated October 1, 2002,
submitted pursuant to Council Resolution 18-00, and a communication
from the Human Resources Director, dated September 20, 2002, which
bears the signature of the Finance Director and is approved for
submission by the Mayor, and which transmits a resolution adopted by the
Civil Service Commission on September 19, 2002, the Council does
hereby approve the proposed three-year contract to be entered into by
and between the City of Livonia and the Livonia Police Lieutenants and
Sergeants Association for the period December 1, 2000 through
November 30, 2003, FURTHER, the Council does hereby determine to
approve the necessary amendments to the Compensation Plan and
changes in certain benefits as required to effectuate this agreement, and
the Mayor and City Clerk are hereby authorized to affix their signatures to
the aforesaid contract, for and on behalf of the City of Livonia, and to do
all things necessary or incidental to the full performance of this resolution
Councilmember Taylor took from the table, for second
reading and adoption, the following Ordinance
AN ORDINANCE AMENDING SECTION 4 OF THE
ZONING MAP OF THE CITY OF LIVONIA AND AMENDING
ARTICLE III OF ORDINANCE NO 543, AS AMENDED,
KNOWN AND CITED AS "THE CITY OF LIVONIA ZONING
ORDINANCE" BY ADDING SECTION 3 THERETO
(Petition 2002-04-01-05)
A roll call vote was taken on the foregoing Ordinance with the following result:
AYES Dolan, Taylor, Laura, Brosnan, Knapp, Vandersloot and
Regular Meeting of October 9, 2002 33763
Engebretson
NAYS None
The President declared the foregoing Ordinance duly adopted, and would
become effective on publication
Three photos dated October 9, 2002, re proposed Farmington Road
Office Complex located at Farmington and Seven Mile Roads, submitted by Tri-West
Development Company, was received and placed on file for the information of the
Council (Petition 2002-08-08-18)
On a motion by Knapp, seconded by Dolan, and unanimously adopted, it
was
CR 536-02 RESOLVED, that having considered a communication from
the City Planning Commission, dated September 16, 2002, which
transmits its resolution 09-111-2002 adopted on September 10, 2002 with
regard to Petition 2002-08-08-18, submitted by Tri-West Development
Company, requesting site plan approval in connection with a proposal to
construct an office complex on property located at 19337 Farmington
Road in the Southeast 1/4 of Section 4, pursuant to the provisions set
forth in Section 18 47 of Ordinance No 543, as amended, the Council
does hereby concur in the recommendation of the Planning Commission
and Petition 2002-08-08-18 is hereby approved and granted, subject to
the following conditions
1 That the Site Plan marked Sheet P1 dated September 10, 2002, as
revised, prepared by Tiseo Architects, is hereby approved and shall
be adhered to,
2 That the Landscape Plan marked Sheet P1 dated September 6,
2002, as revised, prepared by Tiseo Architects, is hereby approved
and shall be adhered to,
3 That the landscaped greenbelt along the north property line, as
shown on the approved Landscape Plan, shall be substituted for
the protective wall required by Section 18 45 of the Zoning
Ordinance,
Regular Meeting of October 9, 2002 33764
4 That the petitioner shall erect a masonry screen wall on the west
property line pursuant to City ordinance,
5 That if there are any change of circumstances in the areas
containing the greenbelts resulting in a diminution of the greenbelt's
effectiveness as a protective barrier, the owner of the property shall
be required to submit such changes to the Planning Commission
and City Council for their review and approval or immediately
construct the protective wall pursuant to Section 18 45 of the
Zoning Ordinance,
6 That all disturbed lawn areas shall be sodded in lieu of
hydroseeding,
7 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,
8 That the Exterior Building Elevation Plans marked Sheets P2 and
P3, both dated September 10, 2002, as revised, prepared by Tiseo
Architects, is hereby approved and shall be adhered to,
9 That the brick used in the construction shall be full-face four (4)
inch brick, no exceptions,
10 That the three walls of the trash dumpster area shall be constructed
out of the same brick used in the construction of 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,
11 That all light fixtures shall not exceed 20 ft. in height and shall be
aimed and shielded so as to minimize stray light trespassing across
property lines and glaring into adjacent roadway;
12 That the petitioner shall correct to the Inspection Department's
satisfaction the following as outlined in the correspondence dated
September 4, 2002
- that the entire parking lot shall be double striped,
- that all handicap spaces shall be identified and comply with the
Michigan Barrier Free Code,
Regular Meeting of October 9, 2002 33765
13 That no signs, either freestanding or wall mounted, are approved
with this petition, and,
14 That the specific plans referenced in this approving resolution shall
be submitted to the Inspection Department at the time the building
permits are applied for
Sam Baki, Tri-West Development Company, presented a site plan for the
screen wall, and answered questions of the Council pertaining to Petition 2002-08-08-
18
On a motion by Taylor, seconded by Brosnan, and unanimously adopted,
it was
CR 537-02 RESOLVED, that having considered the report and
recommendation of the Director of Public Works and the City Engineer,
dated July 15, 2002, which bears the signature of the Finance Director,
and is approved for submission by the Mayor, regarding the proposed
installation of sidewalks on the south side of Seven Mile Road between
Inkster Road and Middlebelt Road at the following locations
Parcels of property and assessment, as outlined in the
Engineering Division's letter dated July 15, 2002, is included
herein by reference,
and a public hearing having been held thereon on September 23, 2002,
pursuant to Council Resolution 419-02, the Council does hereby require
the respective owners of lots and premises referred to above to construct
and install sidewalks at such premises, and the City Clerk is hereby
requested to do all things necessary to carry out the provisions of this
resolution which is made pursuant to Section 12 04 340 of Title 12,
Chapter 04 of the Livonia Code of Ordinances, as amended, FURTHER,
said notice shall set forth that the respective owners of lots and premises
herein referred to shall complete said sidewalks on or before June 1,
2003, after which date the Engineering Department shall arrange for the
construction of the said sidewalks in accordance with Section 12 04 350 of
the Livonia Code of Ordinances, as amended
Councilmember Taylor read a letter from the Law Department dated
October 9, 2002, indicating that he could vote on the subject matter presented in Item
#15 on the Agenda
James Gibson, 16978 Oporto, had questions regarding the rezoning of
property located on Six Mile Road between Middlebelt and Oporto (Petition 2002-04-
01-04)
On a motion by Laura, seconded by Dolan, and unanimously adopted, it
Regular Meeting of October 9, 2002 33766
was
CR 538-02 RESOLVED, that having considered a communication from
the City Planning Commission, dated May 9, 2002, which sets forth its
resolution 05-59-2002, adopted on May 7, 2002, with regard to Petition
2002-04-01-04, submitted by Leo Soave, for a change of zoning of
property located on the south side of Six Mile Road between Oporto Street
and Middlebelt Road in the Northeast 1/4 of Section 14, from RUF to OS,
and the Council having conducted a public hearing with regard to this
matter on September 23, 2002, pursuant to Council Resolution 303-02,
the Council does hereby refer this item to the Committee of the Whole for
its report and recommendation
A fax communication from Michele Fox, 29960 Munger, 48154, dated
October 9, 2002, re her objection to the rezoning of property on the south side of Six
Mile Road between Oporto Street and Middlebelt Road, was received and placed on file
for the information of the Council (Petition 2002-04-01-04)
An e-mail communication from James Dunn, 16830 Ryan, 48154, re his
opposition to the rezoning of property on the south side of Six Mile Road between
Oporto Street and Middlebelt Road, was received and placed on file for the information
of the Council (Petition 2002-04-01-04)
An e-mail communication from Kim Kasaba, 16808 Ryan, 48154, re her
opposition to the rezoning of property on the south side of Six Mile Road between
Oporto Street and Middlebelt Road, was received and placed on file for the information
of the Council (Petition 2002-04-01-04)
An e-mail communication from Mary Foster, 16755 Ryan, 48154, re her
opposition to the rezoning of property on the south side of Six Mile Road between
Oporto Street and Middlebelt Road, was received and placed on file for the information
of the Council (Petition 2002-04-01-04)
Regular Meeting of October 9, 2002 33767
An e-mail communication from Steve Anleitner, 29572 Munger, 48154, re
his opposition to the rezoning of property on the south side of Six Mile Road between
Oporto Street and Middlebelt Road, was received and placed on file for the information
of the Council (Petition 2002-04-01-04)
On a motion by Knapp, seconded by Brosnan, and unanimously adopted,
it was
CR 539-02 RESOLVED, that having considered a communication from
the City Planning Commission, dated May 9, 2002, which sets forth its
resolution 05-59-2002, adopted on May 7, 2002, with regard to Petition
2002-04-01-04, submitted by Leo Soave, for a change of zoning of
property located on the south side of Six Mile Road between Oporto Street
and Middlebelt Road in the Northeast 1/4 of Section 14, from RUF to OS,
and the Council having conducted a public hearing with regard to this
matter on September 23, 2002, pursuant to Council Resolution 303-02,
the Council does hereby refer the subject of storm water management and
drainage problems in this area to the Engineering Division for its report
and recommendation
On a motion by Taylor, seconded by Brosnan, and unanimously adopted,
it was
CR 540-02 RESOLVED, that having considered a communication from
the Fire Chief, dated September 19, 2002, 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 a cash
donation in the amount of $500 00 from Livonia Automatic, Incorporated,
Screw Machine Products, 12650 Newburgh Road, Livonia, Michigan,
48150, in remembrance of September 11, 2001, the same to be
appropriated and credited to the Livonia Fire Department Community
Donations Account No 702-285-336-000 for use by the Livonia Fire
Department.
On a motion by Brosnan, seconded by Dolan, it was
CR 541-02 RESOLVED, that having considered a communication from
the Department of Law, dated September 23, 2002, the Council does
hereby, by a two-thirds roll call vote in accordance with Section 7(1) of the
Open Meetings Act, direct that a closed Committee of the Whole meeting
be held for the purposes of discussing litigation matters and attorney/client
Regular Meeting of October 9, 2002 33768
privileged communications in connection with pending litigation, Antoinette
Meyer v City of Livonia
A roll call vote was taken on the foregoing resolution with the following result:
AYES Dolan, Taylor, Laura, Brosnan, Knapp, Vandersloot and
Engebretson
NAYS None
The President declared the resolution duly adopted
Patricia Holmes, 11015 Merriman Road, 48154, spoke to the Council and
clarified that she and Kim Naccashian, 32750 Norfolk, 48152, were invited to come into
the Woodlore Condominiums in reference to a petition that was being circulated among
the residents She also wished a "Happy Birthday"to Bob Layman
Councilmember Vandersloot wished a "Happy Birthday" to Bonnie
Johnson, Technical Specialist in the City Council office, who celebrated her birthday on
October 6
Council President Engebretson wished a "Happy Birthday" to Mark
Taormina, City Planner
Jeff Neilson, attorney for Ardmore Development, complimented the
Council on the patience they have shown in dealing with the Ardmore property subject
matter
Councilmember Brosnan thanked attorney Jeff Neilson for respecting and
following the rules for audience communication
On a motion by Brosnan, seconded by Vandersloot, and unanimously
adopted, this 1,474th Regular Meeting of the Council of the City of Livonia was
adjourned at 9.01 p m , October 9, 2002
--r,
Joan McCotter, City Clerk