HomeMy WebLinkAboutCOUNCIL MINUTES 2002-11-06 MINUTES OF THE ONE THOUSAND FOUR HUNDRED SEVENTY-SIXTH
REGULAR MEETING OF NOVEMBER 6, 2002
On November 6, 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 Laura delivered the invocation
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, David
Woodcox, Director of Building Inspection, Jeff Bryant, Economic Development Director;
Mary Rutan, Human Resources Director; Robert Beckley, Director of Public Works,
Linda McCann, Director of Community Resources, Karen Kapchonick, Assistant
Superintendent of Parks and Recreation and Ian Wilshaw, Traffic Commission
On a motion by Brosnan, seconded by Dolan, and unanimously adopted, it
was
CR 584-02 RESOLVED, that the minutes of the I,475th Regular Meeting
of the Council held October 23, 2002 are hereby approved as submitted
During the audience communication portion of the agenda, Mayor Kirksey
recognized City Clerk Joan McCotter, and congratulated her, her staff and all of the
election workers on an outstanding job in the handling of the election He stated that he
was proud of the fact that 60% of Livonia citizens exercised their right to vote, and
congratulated all of the winning candidates
He stated that on the Channel 8 "Point of View" program there would be
an update on the implementation of repair of the roads, and would announce the
persons who had been appointed to the Citizens Advisory Committee
Regular Meeting of November 6, 2002 33810
City Clerk Joan McCotter thanked her staff and election workers for all
their efforts that contributed to a successful election She was very pleased that 60% of
Livonia citizens participated in the election.
Councilmember Vandersloot congratulated all the winners in the election
She remarked that there were several winning candidates from Livonia, and that the
City should feel proud of this fact.
A communication from the Department of Finance, dated October 21,
2002, re forwarding various financial statements of the City of Livonia for the month
ending September 30, 2002, was received and placed on file for the information of the
Council
On a motion by Taylor, seconded by Brosnan, it was
A communication from the Livonia Police Department, dated October 24,
2002, re denial of a public vehicle permit to Kurt Sielaff, was received and placed on
file for the information of the Council
CR 585-02 RESOLVED, that having considered a letter from Kurt
Sielaff, 30042 W Twelve Mile Road, Farmington Hills, Michigan 48334,
dated October 20, 2002, appealing the denial of a public vehicle permit
application to drive a taxicab in the City of Livonia, the Council does
hereby deny this appeal for the reasons indicated in the report and
recommendation of the Police Department, dated October 24, 2002
CR 586-02 RESOLVED, that having considered a letter from the
Economic Development Director, dated October 16, 2002, approved for
submission by the Mayor, to which is attached a letter from the Michigan
Economic Development Corporation, dated October 9, 2002, with regard
to a loan application submitted to the Michigan Strategic Fund by
Karmann U S.A. Inc., for the issuance of tax exempt Industrial
Development Revenue Bonds by the Fund for a project to be located in
Plymouth Charter Township, Michigan, and that the said company will be
transferring its existing facility from Livonia, Michigan, to Plymouth Charter
Township, Michigan, the Council does hereby give notice that it consents
to the transfer of employment as herein requested in accordance with
Section 12a of the Michigan Strategic Fund Act, 1984 PA 270, and the
City Clerk is hereby requested to do all things necessary or incidental to
the full performance of this resolution
Regular Meeting of November 6, 2002 33811
A communication from the Office of the City Clerk, dated October 17,
2002, re levying in December the additional 1 5 mills approved on August 6, 2002 with
respect to the Wayne County Regional Educational Service Agency's (RESA) Special
Education Millage, was received and placed on file for the information of the Council
CR 587-02 RESOLVED, that having considered the report and
recommendation of the City Assessor, dated September 27, 2002, with
regard to Industrial Facilities Exemption Certificate #93-636, which is
scheduled to expire in 2007 and which was heretofore referred to as City
of Livonia Industrial Development District No 57, relative to Blue Dot
Design, LLC and Fusion Tech, Inc , located at 35457 Industrial Road, the
Council does hereby determine to revoke the said Industrial Facilities
Exemption Certificate due to the fact that the building has been sold to a
new owner and is currently vacant and no application to transfer the
existing Industrial Facilities Exemption Certificate has been filed
CR 588-02 RESOLVED, that having considered the report and
recommendation of the Director of Finance, dated October 14, 2002,
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 three Lanier copy machines from Lanier Worldwide, Inc.,
20700 Civic Center Drive, Suite 350, Southfield, Michigan 48067, 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, 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
CR 589-02 RESOLVED, that having considered a communication from
the Human Resources Director, dated October 2, 2002, which bears the
signature of the Director of Finance and is approved for submission by the
Mayor, and which sets forth a resolution adopted by the Civil Service
Commission on September 19, 2002, wherein the Commission
recommended that changes be made to titles, job descriptions,
qualifications and pay rates for temporary job classifications in the
Department of Parks and Recreation, the Council does hereby concur in
and approve the recommendation of the Civil Service Commission
Regular Meeting of November 6, 2002 33812
regarding such changes to be effective December 1, 2002, as outlined in
the aforementioned communication
A communication from the Planning Department, dated October 17, 2002,
re. survey of commercial gas stations located within the City of Livonia and a survey of
commercial gas stations located within 100 feet of residential zoned properties within
the City of Livonia was received and placed on file for the information of the Council
CR 590-02 RESOLVED, that having considered a communication from
the City Planning Commission, dated October 10, 2002, which transmits
its resolution 10-126-2002 adopted on October 8, 2002, with regard to
Petition 2002-09-08-19 submitted by Rogvoy Architects, requesting site
plan approval in connection with a proposal to renovate the exterior and
construct an addition to the existing building located at 33400 Six Mile
Road, on the north side of Six Mile Road between Farmington Road and
Francavilla in the Southeast 1/4 of Section 9, pursuant to the provisions set
forth in Section 18 58 of Ordinance No 543, as amended, the Council
does hereby concur in the recommendation of the Planning Commission
and Petition 2002-09-08-19 is hereby approved and granted, subject to
the following conditions
1 That the Site Plan marked Sheet SPA-1 dated 10/8/02, as revised,
prepared by Rogvoy Architects, is hereby approved and shall be
adhered to,
2 That the Landscape Plan marked Sheet SPA-3 dated 9/6/02
prepared by Michael J Dul & Associates, is hereby approved and
shall be adhered to, except for the fact that any dead plant material
along the west property line shall be removed and replaced with the
same or similar healthy plant;
3 That all disturbed lawn areas shall be sodded in lieu of
hydroseeding,
4 That underground sprinklers are to be provided for all landscaped
and sodded areas and all planted materials shall be installed to the
satisfaction of the Inspection Department and thereafter
permanently maintained in a healthy condition,
5 That the Exterior Building Elevation Plan marked Sheet SPA-5
dated 9/9/02, as revised, prepared by Rogvoy Architects, is hereby
approved and shall be adhered to,
Regular Meeting of November 6, 2002 33813
6 That the brick used in the construction shall be full face, four (4)
Immo
inch brick, no exceptions,
7 That the three walls of the trash dumpster area shall be constructed
out of the same brick 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,
8 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;
9 That the petitioner shall correct to the Inspection Department's
satisfaction the following as outlined in the correspondence dated
September 30, 2002
- that all handicap spaces shall be identified and comply
with the Michigan Barrier Free Code
- that the entire parking lot shall be repaired, resealed and
double striped
10 That the petitioner shall correct to the Police Department's
satisfaction the following as outlined in the correspondence dated
September 30, 2002
that stop signs shall be installed at each exit drive
11 That no signs, either freestanding or wall mounted, are approved
with this petition,
12 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;
13 That the petitioner shall make every attempt to remove the westerly
driveway, subject to the approval of Wayne County; and
14 That the Petitioner shall obtain the necessary approvals of Wayne
County, or obtain a waiver of the County's stormwater detention
provisions
CR 591-02 RESOLVED, that in connection with Petition 2002-09-08-19,
the Council does hereby refer the possible change of zoning of this
property located at 33400 Six Mile Road, on the north side of Six Mile
Regular Meeting of November 6, 2002 33814
Road between Farmington Road and Francavilla in the southeast '/4 of
Section 9, from C-1 to OS, to the Planning Commission for its report and
recommendation
CR 592-02 RESOLVED, that having considered a communication from
the City Planning Commission, dated October 10, 2002, which transmits
its resolution 10-124-2002 adopted on October 8, 2002, with regard to
Petition 2002-09-08-20 submitted by Leo Soave Building Company,
requesting approval of the Master Deed, Bylaws and Site Plan in
connection with a proposal to construct a site condominium development
(Calvary Park Site Condominiums) on property located at 29700 Six Mile
Road, on the west side of Brookview Drive between Six Mile Road and
Bobrich in the Southeast 1/4 of Section 11, 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 Petition 2002-09-08-20 is hereby approved and granted, subject to
the following conditions
1 That the Master Deed complies 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 No 543, except for the fact the following shall be
incorporated
- 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 100% on one-story dwellings,
2 That the petitioner shall include language in the Master Deed or a
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 for 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 Site Plan dated 9/18/02 prepared by Leo Soave Building
Company, is hereby approved and shall be adhered to,
Regular Meeting of November 6, 2002 33815
5 That the petitioner shall correct to the Fire Department's
satisfaction the following as outlined in the correspondence dated
October 4, 2002
- that if the buildings are to be provided with automatic
sprinkler systems, a hydrant shall be located between 50
ft. and 100 ft. from the Fire Department connection
- that adequate hydrants shall be provided and located
with a maximum spacing of 300 ft. between hydrants
Most remote hydrant shall flow 1,500 FPM with a residual
pressure of 20 PSI
6 That the Site Plan referenced in this approving resolution shall be
submitted to the Inspection Department at the time the building
permits are applied for; and
7 That all required cash deposits, certified checks, irrevocable bank
letters of credit and/or surety bonds which shall be established by
the City Engineer pursuant to Article XVIII of Zoning Ordinance No
543, Section 18 66 of the ordinance, shall be deposited with the
City prior to the issuance of engineering permits for this site
condominium development.
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
A communication from the Historic Preservation Commission, dated
October 15, 2002, re proposed amendments to the Historic Preservation Commission
Ordinance, was received and placed on file for the information of the Council
A communication from the Law Department, dated November 1, 2002, re
submittal of two versions of a proposed amendment to Chapter 2 56 (Historic
Preservation Commission) of the Livonia Code of Ordinances for Council's choice and
subsequent approval, was received and placed on file for the information of the Council
On a motion by Vandersloot, seconded by Brosnan, and unanimously
Regular Meeting of November 6, 2002 33816
adopted, it was
CR 593-02 RESOLVED, that having considered the report and
recommendation of the Capital Improvement Committee, dated October
15, 2002, submitted pursuant to Council Resolution 734-97, with regard to
a proposed amendment to Chapter 2 56 of the Livonia Code of
Ordinances (Historic Preservation Commission Ordinance), the Council
does hereby choose to leave this subject matter in the Capital
Improvement Committee
The MDOT Commission Policy, Identifier 10136, effective date July 19,
2002, re noise abatement, was received and placed on file for the information of the
Council (CR 816-00)
A communication from Sandra Carroll, dated October 16, 2002, re
suggested options from Families Near 1-275 for further reducing road noise along 1-275,
to which is attached an MDOT Press Release, "MDOT reports success of 1-275 project
to State Transportation Commission", dated November 29, 2001, was received and
placed on file for the information of the Council (CR 816-00)
A communication from Larry Shoup, dated October 16, 2002, re "MDOT
Pavement Noise Studies in Livonia," was received and placed on file for the information
of the Council (CR 816-00)
On a motion by Laura, seconded by Taylor, and unanimously adopted, it
was
CR 594-02 RESOLVED, that having considered the report and
recommendation of the Streets, Roads and Plats Committee, dated
October 16, 2002, submitted pursuant to Council Resolution 816-00, with
regard to the subject of 1-275 Noise Abatement, the Council does hereby
refer the residents' suggestion to construct living walls or earthen barriers
to reduce noise levels of 1-275 to the Administration for a report and
recommendation, the same to be thereafter submitted to Council in 60 to
90 days
On a motion by Laura, seconded by Dolan, and unanimously adopted, it
Regular Meeting of November 6, 2002 33817
fir was
CR 595-02 RESOLVED, that having considered the report and
recommendation of the Streets, Roads and Plats Committee, dated
October 16, 2002, submitted pursuant to Council Resolution 204-02, with
regard to the proposed 2002 Pavement Maintenance Program for the
streets in the Coventry Gardens Subdivision, the Council does hereby
determine to take no further action with regard to this matter
On a motion by Laura, seconded by Taylor, and unanimously adopted, it
was
CR 596-02 RESOLVED, that having considered the report and
recommendation of the Streets, Roads and Plats Committee, dated
October 16, 2002, submitted pursuant to Council Resolution 234-02, with
regard to the proposed special assessment for Stamford Avenue from
Schoolcraft Avenue to 1,050 feet north, located in the Southeast 1/4 of
Section 21, the Council does hereby determine to take no further action
with regard to this matter
On a motion by Laura, seconded by Taylor, and unanimously adopted, it
was
CR 597-02 RESOLVED, that having considered the report and
recommendation of the Streets, Roads and Plats Committee, dated
October 16, 2002, submitted pursuant to Council Resolution 235-02, with
regard to the award of contract for the Stamford Avenue street
improvement project from Schoolcraft Avenue to 1,050 feet north, located
in the Southeast 1/< of Section 21, the Council does hereby determine to
take no further action with regard to this matter
The City of Livonia Stormwater Management Plan, dated August, 2002,
prepared by Hubbell, Roth, and Clark and Orchard, Hiltz & McCliment, Inc , was
received and placed on file for the information of the Council
The correspondence to Russell J Harding, Director of Michigan
Department of Environmental Quality, Lansing, Michigan from Robert J Beckley,
Director of Public Works, dated October 14, 2002, re the Sanitary Sewer Overflow
Regular Meeting of November 6, 2002 33818
(SSO) Guidance Document, was received and placed on file for the information of the
Council
A communication from Richard A. Powers, Chief, Water Division, Michigan
Department of Environmental Quality, dated October 25, 2002, re issues related to the
development of sanitary sewer overflow (SSO) control guidance, was received and
placed on file for the information of the Council
On a motion by Knapp, seconded by Dolan, and unanimously adopted, it
was
CR 598-02 RESOLVED, that having considered the report and
recommendation of the Water, Sewer and Waste Committee, dated
October 22, 2002, submitted pursuant to Council Resolution 44-99, in
connection with the Stormwater Management Study, the Council does
hereby refer the subject of the Stormwater Management Plan and
proposed steps to be taken next by the City in this regard to the Mayor for
a report and recommendation
Councilmember Taylor gave first reading to the following
Ordinance
AN ORDINANCE AUTHORIZING TRANSFER OF CABLE
TELEVISION FRANCHISE FROM TIME WARNER
ENTERTAINMENT-ADVANCE/NEWHOUSE PARTNERSHIP
TO TWEAN SUBSIDIARY, LLC
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
Councilmember Taylor invoked the Emergency Clause and gave
second reading to the foregoing Ordinance and a roll call vote was taken thereon
with the following result:
AYES Laura, Brosnan, Knapp, Vandersloot, Dolan, Taylor and
Engebretson
Regular Meeting of November 6, 2002 33819
NAYS None
The President declared the foregoing Ordinance duly adopted, and would become
effective on publication
Robert McCann, General Manager of Time Warner Cable, spoke to
Council regarding the transfer of the Cable TV franchise
A communication from the Planning Department, dated October 29, 2002,
- Administrative Response - re previous lot splits in 1999-2000 at 11865 and 11889
Camden Road, relative to a proposed lot split at 12243 Camden Road, was received
and placed on file for the information of the Council
On a motion by Taylor, seconded by Dolan, it was
CR 599-02 RESOLVED, that having considered a communication from
the City Assessor, dated October 16, 2002, approved for submission by
the Mayor, with regard to a request from Robert Varner, 8048 Wildwood,
Westland, Michigan 48185, who is representing the estate of Seraphine
Plummer, and in accordance with the provisions of 1967 PA 288, as
amended, as well as Section 18 46 of Ordinance 543, as amended, the
Council does hereby approve of the proposed division of Tax Item No 46-
099-99-0067-000 into three parcels, the legal descriptions of which shall
read as follows
PARCEL A
The South 40 0 feet of the North 120 0 feet of the South 1642 0 feet of the
West 190 0 feet of the East 1A of the S W % of Section 25, T 1 S , R 9
E , City of Livonia, Wayne County, Michigan
PARCEL B
The South 40 0 feet of the North 80 0 feet of the South 1642 0 feet of the
West 190 0 feet of the East 1/2 of the S W % of Section 25, T 1 S , R 9
E , City of Livonia, Wayne County, Michigan
PARCEL C
The North 40 0 feet of the South 1642 0 feet of the West 190 0 feet of the
EastY2 of the S W '/ of Section 25, T 1 S , R. 9 E , City of Livonia,
Wayne County, Michigan
as shown on the map attached to the aforesaid communication which is
made a part hereof by reference, and the City Clerk is hereby requested to
Regular Meeting of November 6, 2002 33820
cause a certified copy of this resolution to be recorded in the Office of the
Wayne County Register of Deeds, PROVIDED, HOWEVER, THAT UNTIL
A VARIANCE IS GRANTED BY THE ZONING BOARD OF APPEALS AS
TO EVERY NONCONFORMING LOT RESULTING FROM SUCH SPLIT,
NONE OF SAID LOTS MAY BE SOLD, LEASED OR TRANSFERRED
A roll call vote was taken on the foregoing resolution with the following result:
AYES Laura, Knapp, Dolan, Taylor and Engebretson
NAYS Brosnan and Vandersloot.
The President declared the resolution duly adopted
On a motion by Dolan, seconded by Knapp, and unanimously adopted, it
was
CR 600-02 RESOLVED, that having considered a communication from
the City Planning Commission, dated October 10, 2002, which transmits
its resolution 10-128-2002, adopted on October 8, 2002, with regard to
Petition 2002-07-02-14, submitted by Mohamad El Fassih requesting
waiver use approval to construct a gas station and carry-out restaurant
with drive-up window service on property located on the north side of
Schoolcraft Road between Inkster Road and Cardwell Avenue in the
Southeast 1/4 of Section 24, which property is zoned C-2, the Council
does hereby concur in the recommendation made by the City Planning
Commission and Petition 2002-07-02-14 is hereby approved and granted,
subject to the following conditions
1 That the Site Plan marked Sheet C-1 prepared by Elite Design &
Development, Inc., dated September 26, 2002, is hereby approved
and shall be adhered to,
2 That the Landscape Plan marked Sheet C-2 prepared by Elite
Design & Development, Inc , dated September 8, 2002, is hereby
approved and shall be adhered to, except that the Autumn Purple
Ash trees specified on said landscape plan shall be changed to a
different variety of tree as approved by the Planning Director;
3 That all plant materials shall be installed to the satisfaction of the
Inspection Department and thereafter permanently maintained in a
healthy condition,
4 That all disturbed lawn areas shall be sodded in lieu of
hydroseeding,
Regular Meeting of November 6, 2002 33821
5 That all sodded and landscaped areas shall be fully irrigated by
underground sprinkler systems,
6 That the Building Elevations marked Sheets A-1 and A-3 prepared
by Elite Design & Development, Inc., dated July 16, 2002 and
September 8, 2002, respectively, are hereby approved and shall be
adhered to,
7 That the brick used in the construction of the buildings shall be full
face four (4) inch brick, no exceptions,
8 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,
9 That all rooftop mounted mechanical equipment shall be completely
screened from view;
10 That the turning radius of the drive-up window lane shall be at least
15 feet as required,
11 That the maximum number of customer seats in the carryout
restaurant shall not exceed 12,
12 That all pole mounted lights shall be shielded so as to be deflected
away from any neighboring property and shall not exceed 20 feet in
height;
13 That the lights of the pump island canopy shall be recessed in such
a way that the intensity of the illumination is decreased,
14 That no outdoor storage, placement or display of merchandise shall
be permitted at any time on this site, however the foregoing
prohibition shall not apply to the display, on the pump islands only,
of oil or oil based products as permitted under Section 11 03(a) of
the Zoning Ordinance,
15 That the pump island canopy shall not exceed 18 feet in height and
its support columns shall be covered with the same brick used in
the construction of the gas station/convenience store building,
16 That no neon shall be permitted on this site, including but not
limited to, the pump island canopy, buildings or around the
windows,
Regular Meeting of November 6, 2002 33822
17 That this approval shall incorporate the following recommendations
of the Traffic Bureau as listed in the correspondence dated August
2, 2002,
a) That the required handicapped parking spaces be properly
sized and individually signed as required,
b) That a handicapped ramp for access to the building be
provided,
c) That a sign indicating the height of the pump island canopy
be installed in several conspicuous locations,
d) That stop signs for each exit of the property along with a
Right Turn Only sign for the Schoolcraft exit be installed,
18 That all parking spaces within the total site area be double striped,
19 That the existing protective wall along the north property line of the
subject site shall be repaired to the satisfaction of the Inspection
Department and shall be extended to the east to the Inkster Road
right-of-way line using the same materials and having uniformity in
height and appearance, except that the nearest 10 feet of wall to
the right-of-way shall be limited to a height of three (3) feet;
20 That no signs, either freestanding or wall mounted, are approved
with this petition All such signage shall be separately submitted for
review and approval by the Planning Commission and City Council,
21 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
22 That this approval is conditional upon the petitioner submitting
additional information relative to the final determination of exterior
building material colors and the review and approval of the colors
by the Planning Commission and City Council by means of color
renderings or other means of accurately portraying and designating
colors, such as actual samples
Councilmember Brosnan gave first reading to the following
Ordinance
AN ORDINANCE AMENDING SECTIONS 10 02 AND 10 03
OF ARTICLE X OF ORDINANCE NO 543, AS AMENDED,
Regular Meeting of November 6, 2002 33823
KNOWN AND CITED AS "THE CITY OF LIVONIA ZONING
ORDINANCE" (Petition 2001-06-06-07)
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 1102 OF
ARTICLE XI OF ORDINANCE NO 543, AS AMENDED,
KNOWN AND CITED AS "THE CITY OF LIVONIA ZONING
ORDINANCE" (Petition 2001-06-06-07)
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
On a motion by Brosnan, seconded by Taylor, and unanimously adopted,
it was
CR 601-02 RESOLVED, that having considered the report and
recommendation of the Planning Commission, dated August 6, 2002, with
regard to Petition 2001-06-06-07, and a public hearing having been held
on October 14, 2002, the Council does hereby determine on its own
motion to refer to and request that the City Planning Commission conduct
a public hearing on the question of whether an amendment to Section
11 03(1)(1) of Article XI of Zoning Ordinance No 543, as amended, so as
to amend Subsection a, b and c regarding Open-Air Business Uses, and
thereafter submit a report and recommendation to Council
On a motion by Taylor, seconded by Knapp, and unanimously adopted, it
was
CR 602-02 RESOLVED, that having considered a communication from
the City Planning Commission, dated August 22, 2002, which sets forth its
resolution 08-97-2002, adopted on August 20, 2002, with regard to
Petition 2002-06-01-09, submitted by Eddi Ayyash, for a change of zoning
Regular Meeting of November 6, 2002 33824
of property located on the west side of Wayne Road between Ann Arbor
Trail and Edward Hines Drive in the Southwest 1/4 of Section 33, from C-1
to R-8, and the Council having conducted a public hearing with regard to
this matter on October 21, 2002, pursuant to Council Resolution 481-02,
the Council does hereby concur in the recommendation of the Planning
Commission and Petition 2002-06-01-09 is hereby approved, as amended
so as to rezone this property to R-7, 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 letter from Henry Mark Stein, 6449 Rutledge Park Drive, West
Bloomfield, 48322 and Jacalyn Newman Simon, 6870 Inkster Road, West Bloomfield,
48322, dated October 24, 2002, re amending their rezoning petition from RA to OS to
RA to R-7, was received and placed on file for the information of the Council (Petition
2002-07-01-10)
On a motion by Brosnan, seconded by Taylor, and unanimously adopted,
it was
CR 603-02 RESOLVED, that having considered a communication from
the City Planning Commission, dated August 22, 2002, which sets forth its
resolution 08-98-2002, adopted on August 20, 2002, with regard to
Petition 2002-07-01-10, submitted by Henry Mark Stein and Jacalyn
Newman Simon, 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
OS, and the Council having conducted a public hearing with regard to this
matter on October 21, 2002, pursuant to Council Resolution 481-02, the
Council does hereby concur in the recommendation of the Planning
Commission and Petition 2002-07-01-10 is hereby denied for the following
reasons
1 That the proposed change of zoning would represent a further
extension of nonresidential zoning along Newburgh Road and
would adversely affect the residential properties to the north and
east; and
Regular Meeting of November 6, 2002 33825
2 That there is no demonstrated need for additional office services in
this area, and
3 That the existing commercial and office zoning in the vicinity of the
Newburgh Road and Five Mile Road intersection adequately
provides for office uses in this area
Petitioner Henry Mark Stein spoke to the Council about his submittal of a
letter changing his request for rezoning to the R-7 classification
A communication from the Department of Law, dated October 31, 2002, -
Administrative Response - re a protective wall and landscaping requirement as it
pertains to a waiver use petition by Greg Davis Landscaping to permit outdoor storage
of equipment at 20525 Fremont, was received and placed on file for the information of
the Council (Petition 2002-07-02-13)
A communication from the Department of Law, dated November 5, 2002 -
Administrative Response — re no ordinance prohibiting commercial lawn services from
operating on Sundays in residential neighborhoods, was received and placed on file for
the information of the Council (Petition 2002-07-02-13)
A communication from the Inspection Department, dated November 5,
2002, - Administrative Response — re their inspection of property located at 20525
Fremont relative to a waiver use petition by Greg Davis Landscaping to permit outdoor
storage of equipment, was received and placed on file for the information of the Council
(Petition 2002-07-02-13)
A communication from Ron Pedersen, Marsh Power Tools, 20579
Middlebelt, Livonia 48152, re complimenting Greg Davis Landscaping for the
renovation and clean-up of property located at 20525 Fremont, relative to a waiver use
Regular Meeting of November 6, 2002 33826
petition for outdoor storage of equipment, was received and placed on file for the
information of the Council (Petition 2002-07-02-13)
On a motion by Taylor, seconded by Vandersloot, and unanimously
adopted, it was
CR 604-02 RESOLVED, that having considered a communication from
the City Planning Commission, dated August 30, 2002, which sets forth its
resolution 08-101-2002 adopted on August 20, 2002, with regard to
Petition 2002-07-02-13, submitted by Gregory W Davis, on behalf of Greg
Davis Landscaping, requesting waiver use approval to permit outside
storage of trucks, trailers and equipment in connection with a landscaping
maintenance business located on the west side of Fremont Avenue
between Eight Mile Road and Morlock Avenue in the Northeast 1/4 of
Section 2, which property is zoned M-1, and the Council having conducted
a public hearing with regard to this matter on October 21, 2002, pursuant
to Council Resolution 482-02, the Council does hereby refer this item to
the Committee of the Whole for its report and recommendation
On a motion by Brosnan, seconded by Knapp, and unanimously adopted,
it was
CR 605-02 WHEREAS, the City Clerk has received an Application for
Industrial Facilities Exemption Certificate from Daniel J Foster, Ernst &
Young, LLP on behalf of TRW Automotive, Inc , dated September 16,
2002, covering new industrial facilities to be located within City of Livonia
Industrial Development District No 59, and
WHEREAS, the City Clerk has notified in writing the Assessor of the City
of Livonia as well as the legislative body of each taxing unit which levies
ad valorem property taxes in the local governmental unit in which the
proposed facility is to be located, i e , the City of Livonia, and advised
each of them that the said Application has been received, and
WHEREAS, the City Council has afforded TRW Automotive Inc., the
Assessor, and a representative of each of the affected taxing units an
opportunity for a hearing on this Application and said hearing having in
fact been conducted at 7 00 p m , Monday, October 28, 2002, at the
Livonia City Hall, 33000 Civic Center Drive, Livonia, Michigan
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
LIVONIA AS FOLLOWS
Regular Meeting of November 6, 2002 33827
1 That the City Council, on the basis of the information received from
the applicant, TRW Automotive, Inc., finds and determines. (a) that
the granting of this industrial facilities exemption certificate shall not
have the effect of substantially impeding the operation of the local
governmental unit or impairing the financial soundness of any
taxing unit which levies an ad valorem property tax in the local
governmental unit in which the facility is to be located, and (b) the
applicant has fully complied with the requirements of Section 9, Act
No 198, P.A. 1974, as amended
2 That the City Council hereby approves the Application for Industrial
Facilities Exemption Certificate from TRW Automotive, Inc.,
covering new industrial facilities to be located within the City of
Livonia Industrial Development District No 59 for 12 years upon
completion of the three (3) year construction period
3 That in accordance with the requirements of Section 22, Act 198,
P.A. 1974, as amended, wherein a Letter of Agreement between
the applicant and the City is required in order to clarify the
understanding and the commitment between the applicant and the
City upon approval of an Industrial Facility Exemption Certificate,
the Council hereby authorizes the Mayor and City Clerk to sign
such Letter of Agreement as duly executed by the applicant and
incorporate such Letter of Agreement as part of the documentation
required to process applications for Industrial Facility Exemption
Certificates
On a motion by Brosnan, seconded by Dolan, and unanimously adopted, it
was
CR 606-02 RESOLVED, that having considered a communication from
the Superintendent of Parks and Recreation, dated October 21, 2002, and
is approved for submission by the Mayor, the Council does, for and on
behalf of the City of Livonia, accept various cash and other donations from
the contributors set forth in the aforementioned communication to be used
as specified by the donors, and the cash donation of $250 00 is to be
deposited in and credited to Account #702-000-285-125 for use as
indicated in the aforementioned communication
On a motion by Brosnan, seconded by Dolan, and unanimously adopted, it
was
CR 607-02 RESOLVED, that having considered a communication from
the Department of Law, dated October 10, 2002, approved for submission
by the Mayor, submitted pursuant to Council Resolutions 629-93, 746-93,
Regular Meeting of November 6, 2002 33828
883-93, 953-93, advising Council of certain road right-of-way parcels to be
conveyed to the County of Wayne in connection with the resurfacing and
widening of Seven Mile Road between Farmington and Middlebelt Roads,
said parcels being further described as follows
(1) 32415 Seven Mile Road - CR 629-93
The North 60 feet of the following parcel of land The North 533 feet of the
East 77 feet of the East 16 acres of the West 34 acres of the East 60
acres of the Northwest 1/4 of Section 10, Town 1 South, Range 9 East,
City of Livonia, Wayne County, Michigan
(2) 32425 Seven Mile Road - CR 746-93
The North 60 feet of the following described parcel of land The West 82 5
feet of the North 573 0 feet of the East 16 acres of the West 34 acres of
the East 60 acres of the Northwest 1/4 of Section 10, T 1S , R.9E , City of
Livonia, Wayne County, Michigan
(3) 30256 and 30200 Seven Mile Road - CR 883-93
The South 60 feet of the following described parcel The East 1.04 feet of
the West 345 feet of the South 416 feet of the South 1/2 of the Southeast
1/4 of Section 2, T 1S , R.9E , City of Livonia, Wayne County, Michigan
and
The South 60 feet of the following described parcel The East 104 feet of
the West 449 feet of the South 416 feet of the South 1/2 of the S E 1/4 of
Section 2, T 1S , R 9E , City of Livonia, Wayne County, Michigan
(4) 32405 Seven Mile Road - CR 953-93
The North 60 feet of the following parcel of land The North 530 73 feet of
the West 16 acres of the East 26 acres of the Northwest 1/4 of Section 10,
Town 1 South, Range 9 East, City of Livonia, Wayne County, Michigan
(5) Ord 1122 - Seven Mile Road at Sunset Boulevard right-of-way
The West 30 feet of the South 60 feet of the South 1/2 of the Southwest
1/4 of the Southeast 1/4 of the Southwest 1/4 of Section 2, T 1 S , R.9E ,
City of Livonia, Wayne County, Michigan
(Seven Mile Road right-of-way)
Regular Meeting of November 6, 2002 33829
the Council does hereby, for and in behalf of the City of Livonia, authorize
the Mayor and City Clerk to execute a quit claim deed conveying the
above described property to the County of Wayne in a form to be
approved by the Department of Law
On a motion by Brosnan, seconded by Dolan, and unanimously adopted, it
was.
CR 608-02 RESOLVED, that having considered a communication from
the Department of Law, dated October 23, 2002, approved for submission
by the Mayor, submitted pursuant to Council Resolutions 532-87, 436-88,
572-89, 882-93 and 1091-96, advising Council of certain road right-of-way
parcels to be conveyed to the County of Wayne in connection with the
resurfacing and widening of Seven Mile Road between Farmington and
Middlebelt Roads, said parcels being further described as follows
(1) 32610-32630 Seven Mile Road - CR 523-87
The South sixty (60) feet of the following parcel of land
Part of the S W 1/4 of Section 3, T 1 S , R.9E , City of Livonia, Wayne
County, Michigan, described as follows
Commencing at the S W corner of Section 3, T 1S , R.9E , and
proceeding thence N 89°38'30" E 1263 75 feet along the South line of
said Section 3 to the POINT OF BEGINNING of the parcel herein
described, thence N 00°00'58" East 400 00 feet; thence N 89°38'30" East
120 37 feet; thence S 45°21'30" East 81 82 feet; thence S 00°01'15" East
342 14 feet to the South line of Section 3, thence S 89°38'30" West along
said line 178 82 feet to the POINT OF BEGINNING (Seven Mile Road
right-of-way) (formerly part of Tax Parcel No 46-011-99-0008-004)
(2) Mayfield Avenue right-of-way - CR 436-88
A part of the southwest 1/4 of Section 3, T 15 , R.9E , City of Livonia,
Wayne County, Michigan Commencing at the southwest corner of
Section 3, T 1S , R 9E , and proceeding thence N 89°38'30" E , 1612 06
feet along the south line of said Section 3, thence N 00°21'30" W , 60 00
feet to the point of beginning of the parcel herein described, thence N
00°21'30" W , 90 00 feet; thence N 08°10'21" E , 50 56 feet; thence N
00°21'30" W , 79 99 feet to the beginning of a curve concave to the
southwest having a radius of 120 00 feet; thence northwesterly 176 93
feet along said curve, thence N 00°0115" W , 60 16 feet to a point on a
curve concave to the southwest having a radius of 180 00 feet; thence
southeasterly 270 84 feet along said curve, thence S 00°21'30" E , 79 99
Regular Meeting of November 6, 2002 33830
feet; thence S 00°21'30" E 90 00 feet; thence S 89°38'30" W 75 00 feet
to the point of beginning (Mayfield Avenue right-of-way) (formerly part of
Tax Parcel No 46-011-99-0009-003)
(3) 31230 Merriman Court - CR 572-89
The South 60' of the following described parcel
That part of the S W 1/4 of Section 2, T 1S , R 9E , City of Livonia,
Wayne County, Michigan, described as beginning at a point on the South
Section line distant due East 472 50 feet from the Southwest corner of
Section 2 and proceding thence due East along said line 90 feet, thence
N 0°01'20" West 440 feet, thence due West 87 66 feet, thence S 0°17'
West along the East line of Merriman Court 440 feet to the point of
beginning (Seven Mile right-of-way) (formerly part of Tax Parcel No 46-
007-99-0032-000)
(4) 32421 Seven Mile Road - CR 882-93
The North 60 feet of the following parcel of land
The North 533 feet of the East 16 acres of the West 34 acres of the East
60 acres of the Northwest 1/4 of Section 10, T 1S , R.9E , City of Livonia,
Wayne County, Michigan, except the East 77 feet thereof, also except the
West 82 50 feet thereof (Seven Mile Road right-of-way) (formerly part of
Tax Parcel No 46-038-99-0006-701)
(5) 31885 Seven Mile Road - CR 1091-96
The North 60 feet of the following described parcel
That part of the East 1/2 of the N E 1/4 of Section 10, T 1S , R.9E , City
of Livonia, Wayne County, Michigan, described as beginning at a point on
the North line of said section distant West 1,210 26 feet from the
Northeast corner of Section 10 and proceeding thence South 0°42" East,
827 87 feet; thence West 105 24 feet; thence North 0°42" West, 827 87
feet to the North line of Section 10, thence East along said line 105 24 feet
to the point of beginning (Seven Mile Road Right-of-Way) (formerly part
of Tax Parcel No 46-037-99-0017-701)
the Council does hereby, for and in behalf of the City of Livonia, authorize
the Mayor and City Clerk to execute quit claim deeds conveying the above
described property to the County of Wayne in a form to be approved by
the Department of Law; and the Department of Law is hereby requested to
do all things necessary to the full performance of this resolution
Regular Meeting of November 6, 2002 33831
On a motion by Taylor, seconded by Dolan, and unanimously
adopted, it was
CR 609-02 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, it was
CR 610-02 RESOLVED, that having considered the report and
recommendation of the Director of Public Works and the City Engineer,
dated November 6, 2002, which bears the signature of the Director of
Finance, is approved by the City Attorney, and is approved for submission
by the Mayor, the Council does hereby accept the proposal dated
October, 2002, from Hubbell, Roth & Clark, 2001 Centerpoint Parkway,
Suite 109, Pontiac, Michigan 48341, for engineering services relating to
concrete pavement reconstruction and rehabilitation at the locations listed
in the aforementioned report (in connection with the 2003 Concrete
Pavement Reconstruction and Rehabilitation Program), FURTHER, the
Council does hereby appropriate and authorize an expenditure in the total
amount of $222,889 65 ($111,500 00 from Fund 202, Major Street Fund
and the amount of$111,389 65 from Fund 203, Local Street Fund) for this
purpose, and the Mayor and City Clerk are hereby authorized to execute a
contract for and on behalf of the City of Livonia with the aforesaid
company and to do all other things necessary or incidental to the full
performance of this resolution
A roll call vote was taken on the foregoing resolution with the following result.
AYES Laura, Knapp, Vandersloot, Dolan, and Engebretson
NAYS Brosnan and Taylor
The President declared the resolution duly adopted
On a motion by Brosnan, seconded by Laura, it was
CR 611-02 RESOLVED, that having considered the report and
recommendation of the Director of Public Works and the City Engineer,
dated November 6, 2002, which bears the signature of the Director of
Finance, is approved by the City Attorney, and is approved for submission
by the Mayor, the Council does hereby accept the revised proposal dated
November 5, 2002, from Orchard, Hiltz & McCliment, Inc , 34935
Schoolcraft Road, Livonia, Michigan 48150, for engineering services
relating to asphalt pavement reconstruction and rehabilitation at the
locations listed in the aforementioned report (in connection with the 2003
Regular Meeting of November 6, 2002 33832
Asphalt Pavement Reconstruction and Rehabilitation Program),
FURTHER, the Council does hereby appropriate and authorize an
expenditure in the amount of $256,330 00 from the Unexpended Fund
Balance of Fund 203, Local Street Fund, for this purpose, and the Mayor
and City Clerk are hereby authorized to execute a contract for and on
behalf of the City of Livonia with the aforesaid company and to do all other
things necessary or incidental to the full performance of this resolution
A roll call vote was taken on the foregoing resolution with the following result:
AYES Laura, Knapp, Vandersloot, Dolan, and Engebretson
NAYS Brosnan and Taylor
The President declared the resolution duly adopted
Councilmember Taylor reminded everyone that City Hall offices will be
closed on Monday, November 11, in observance of Veterans' Day
On a motion by Brosnan, seconded by Knapp, and unanimously adopted,
this 1,476th Regular Meeting of the Council of the City of Livonia was adjourned at
8 53 p m , November 6, 2002
• ,
"tea
Jo Mc-Cotter, City Clerk