Loading...
HomeMy WebLinkAboutCOUNCIL MINUTES 2003-01-29 MINUTES OF THE ONE THOUSAND FOUR HUNDRED EIGHTY-FIRST REGULAR MEETING OF JANUARY 29, 2003 On January 29, 2003, the above meeting was held at the City Hall, 33000 Civic Center Drive, Livonia, Michigan, and was called to order by the Vice-President of the Council at 8 00 p m Councilmember Taylor delivered the invocation Roll was called with the following result: Gerald Taylor, Joe Laura, Maureen Miller Brosnan, Val Vandersloot, Linda Dolan and Donald Knapp Absent: Jack Engebretson due to a death in the family 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, Ian Wilshaw, Traffic Commission and Stan Dobis, Cable Commission On a motion by Brosnan, seconded by Taylor, and unanimously adopted, it was CR 23-03 RESOLVED, that the minutes of the 1,480th Regular Meeting of the Council held January 15, 2003 are hereby approved as submitted During the audience communication portion of the agenda, Councilmember Taylor announced the 13th Annual First Step Dance to be held on February 7, 2003 from 7 30 p m — 1 30 p m at Burton Manor He also announced the birthday of his sister, Vera Musick, which will be celebrated on January 30 Councilmember Vandersloot announced that City Clerk Joan McCotter is celebrating her birthday today, January 29 Council Vice-President Knapp also sent birthday wishes to his father, who is celebrating his 70th birthday today An e-mail communication from Janet D'Ascenzo, dated January 27, 2003, re her opposition to adopting a resolution declaring Livonia to be a "Civil Liberties Safe Zone", and thanking City Councilmembers for taking no further action on this subject Regular Meeting of January 29, 2003 33917 matter, was received and placed on file for the information of the Council (Agenda Item #2) On a motion by Brosnan, seconded by Vandersloot, it was CR 24-03 RESOLVED, that having considered a letter from Sue Mahoney, Chairperson of the Clarenceville Athletic Booster Club, received in the Office of the City Clerk on January 2, 2003, which requests permission to display wire signs announcing the "Touch of Spring" Arts and Craft Show to be held by the Clarenceville Athletic Booster Club on Saturday, March 29, 2003, which signs are to be 14" x 22" in size and which will be displayed from March 15, 2003, through March 31, 2003, at various locations in the City, the Council does hereby grant and approve this request in the manner and form herein submitted CR 25-03 RESOLVED, that having considered a letter from Keren (Key) Halverson, 20215 Angling Street, Livonia, MI 48152, dated January 8, 2003, requesting the Council adopt a resolution declaring Livonia to be a "Civil Liberties Safe Zone" and to consider other options before proceeding to war with Iraq, the Council does hereby determine to take no further action with regard to this matter A communication from Ken Korte, dated January 16, 2003, and the e-mail communication from Jim Baringhaus, dated January 20, 2003, re their opposition to adopting a resolution declaring Livonia to be a "Civil Liberties Safe Zone", and an e-mail communication from Valerie Przywara, dated January 16, 2003, re her support for adopting a resolution declaring Livonia to be a "Civil Liberties Safe Zone", was received and placed on file for the information of the Council CR 26-03 RESOLVED, that pursuant to the provisions of Section 5, Chapter VIII of the Charter of the City of Livonia, and based upon the appointment of the Mayor, dated January 8, 2003, the Council does hereby consent to and confirm the reappointment of Ms Jollietta Coleman, 14174 Richfield, Livonia, Michigan 48154, to the Board of Review for a term of three years commencing February 17, 2003, and expiring on February 16, 2006 A communication from the Office of the City Clerk, dated December 30, 2002, re forwarding a communication from the Secretary of the Board of Education Regular Meeting of January 29, 2003 33918 City to continue to collect one-half of the 2003 Livonia Public Schools' School District taxes with our summer tax collection, and the remaining one-half with our winter tax collection, was received and placed on file for the information of the Council CR 27-03 RESOLVED, that having considered the report and recommendation of the Director of Inspection, dated January 9, 2003, which bears the signature of the Director of Finance and is approved for submission by the Mayor, the Council does hereby approve the extension of the Weed Cutting Contract 99-A, commencing January 1, 2003, and expiring on December 31, 2003, with Michigan Grounds Management, 14931 Farmington Road, Livonia, Michigan 48154, under the same rates, terms and conditions as the 1999 contract, FURTHER, the Council does hereby authorize an advance in the contract amount from the Municipal Refuse Fund Account for the purpose of making payments to the contractor as the work is completed, with the provision that the Municipal Refuse Fund Account be reimbursed as bills for weed cutting are collected, and the Director of Inspection is hereby authorized to approve minor adjustments in the work as it becomes necessary; and the City Clerk is hereby authorized to do all things necessary or incidental to the full performance of this resolution, FURTHER, the Council does hereby authorize the action herein without competitive bidding in accordance with Section 3 04 140D4 of the Livonia Code of Ordinances, as amended CR 28-03 RESOLVED, that having considered a letter from the Michigan Liquor Control Commission, dated July 23, 2002, and a report and recommendation from the Chief of Police, dated January 7, 2003, approved for submission by the Mayor, the Council does hereby approve of the request from Stark Party Store, Inc , for transfer of ownership of a 2002 SDM Licensed Business from Alsad Corporation for a business located at 34395 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 CR 29-03 RESOLVED, that having considered a communication from the City Planning Commission, dated December 26, 2002, which transmits its resolution 12-153-2002, adopted on December 17, 2002, with regard to Petition 2002-11-GB-04 submitted by Frisco Holding, LLC, 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 16880 Middlebelt Road in the Northwest 1/4 of Section 13, the Council does hereby concur in the recommendation of the Planning Commission and Petition 2002-11-GB-04 is hereby approved and granted, subject to the following conditions Regular Meeting of January 29, 2003 33919 1 That the landscaped greenbelt along the east property line, as shown on the plan received by the Planning Commission on November 12, 2002, shall be substituted for the protective wall required by Section 18 45 of the Zoning Ordinance, 2 That any change of circumstances in the area containing the greenbelt resulting in a diminution of the greenbelt's effectiveness as a protective barrier, the owner of the property shall be required to submit such changes to the Planning Commission and City Council for their review and approval or immediately construct the protective wall pursuant to Section 18 45, 3 That for the south property line, 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), and 4 That an enclosure shall be erected around the site's trash dumpster and 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 30-03 RESOLVED, that having considered the report and recommendation of the Department of Law, dated January 8, 2003, approved for submission by the Mayor, the Council does hereby repeal Chapter 96 (Electric Franchise) of Title 5 of the Appendix of the Livonia Code of Ordinances, as amended, and Chapter 300 (Energy Utility Franchises) of Title 2 of the Livonia Code of Ordinances, as amended, to reflect the state law amendment to the Customer Choice and Reliability Act (2000 PA 141), known as 2001 PA 48, which provides that "(a]n alternative electric supplier is not a public utility" and therefore not required to have a franchise granted by the City A roll call vote was taken on the foregoing resolutions with the following result: AYES Taylor, Laura, Brosnan, Vandersloot, Dolan and Knapp, NAYS None Councilmember Taylor gave first reading to the following Ordinance Regular Meeting of January 29, 2003 33920 AN ORDINANCE AMENDING SECTION 21 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 2002-07-01-11) 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 Laura, and unanimously adopted, it was CR 31-03 RESOLVED, that having considered an proposed amendment to Zoning Ordinance No 543 from the Department of Law regarding Petition 2002-06-06-02 to determine whether or not to allow various types of athletic schools and similar facilities as permitted or waiver uses in industrial zoning districts, and because the Council is awaiting additional information on parking requirements as it relates to this proposed amendment, the Council does hereby determine to refer this subject matter to the Committee of the Whole for a report and recommendation Councilmember Gerald Taylor left the podium at 8 05 p m due to a conflict of interest. On a motion by Laura, seconded by Dolan, and unanimously adopted, it was CR 32-03 RESOLVED, that having considered a communication from the Mayor, dated January 7, 2003, wherein he has requested approval of the reappointment of Gerald Taylor, 36734 Sunnydale, Livonia, Michigan 48154, to the Economic Development Corporation of the City of Livonia Board of Directors for a term expiring June 7, 2008, the Council does hereby confirm and approve such reappointment. Councilmember Taylor returned to the podium at 8-06 p m. was. On a motion by Brosnan, seconded by Dolan, and unanimously adopted, it Regular Meeting of January 29, 2003 33921 CR 33-03 RESOLVED, that having considered a letter from the Department of Law, dated January 9, 2003, relating to the tax-foreclosed properties at 19308 Westmore, 38900 Six Mile Road, 35546 Orangelawn and 20209 Floral, the Council does hereby authorize a) with respect to 19308 Westmore, the conveyance of said property to Ms Priscilla Smith upon payment to the City of the statutory minimum bid of $648 76, plus an administrative services fee in an amount not to exceed $1,000 00, b) with respect to 35546 Orangelawn and 20209 Floral, the conveyance of said property to the City of Livonia, acting by and through the City of Livonia Housing Commission upon payment to the City of the statutory minimum bids of $6,536 79 and $1,627 41, respectively; FURTHER, the Department of Law is hereby requested to prepare and place in proper legal form all documents necessary to consummate this transaction, and the Mayor and City Clerk are hereby authorized to execute these documents on behalf of the City of Livonia and to do all other things necessary or incidental to the full performance of this resolution, FURTHER, the Council does hereby refer the subject of the possible conveyance of the property located at 38900 Six Mile Road to the Trinity House Theater to the Committee of the Whole for its report and recommendation On a motion by Brosnan, seconded by Taylor, and unanimously adopted, it was: CR 34-03 RESOLVED, that having considered a letter from the Department of Law, dated January 9, 2003, relating to the tax-foreclosed property located at 38900 Six Mile Road, the Council does hereby refer the subject of cemetery maintenance performed by Trinity House Theater being contingent upon conveyance of the property, the State Cemetery Law, etc., to the Department of Law for its report and recommendation A communication from the Planning Department, dated January 23, 2003, re the amount of land that will be subject to the new proposed ordinance provisions governing open space developments, was received and placed on file for the information of the Council (Petition 2002-02-06-01) On a motion by Brosnan, seconded by Taylor, and unanimously adopted, Regular Meeting of January 29, 2003 33922 it was. CR 35-03 RESOLVED, that having considered a communication from the City Planning Commission, dated October 25, 2002, which sets forth its resolution 10-138-2002, adopted on October 8, 2002, with regard to Petition 2002-02-06-01, submitted by the City Planning Commission, on its own motion, to determine whether or not to amend Article IV, Section 4 04 and Article V, Section 5 04 of the Zoning Ordinance in order to establish open space preservation zoning provisions in the R-5 and RUF zoning districts as required by House Bill 5029, and the Council having conducted a public hearing with regard to this matter on Monday, January 6, 2003, pursuant to Council Resolution 629-02, the Council does hereby approve Petition 2002-02-06-01 for preparation of the ordinance for submission to Council, and the Department of Law is requested to prepare an ordinance amending Ordinance 543, as amended, in accordance with this resolution On a motion by Brosnan, seconded by Laura, and unanimously adopted, it was. CR 36-03 RESOLVED, that relative to the subject matter of Petition 2002-02-06-01 to determine whether or not to amend Article IV, Section 4 04 and Article V, Section 5.04 of Zoning Ordinance No 543, as amended, in order to establish open space preservation zoning provisions in the R-5 and RUF zoning districts as required by House Bill No 5029, the Council does hereby refer this matter to the Committee of the Whole for a report and recommendation e = - —•• • - • •=- - = •e On a motion by Brosnan, seconded by Laura, and unanimously adopted, it was CR 37-03 RESOLVED, that relative to the subject matter of Petition 2002-02-06-01 to determine whether or not to amend Article IV, Section 4 04 and Article V, Section 5.04 of Zoning Ordinance No 543, as amended, in order to establish open space preservation zoning provisions in the R-5 and RUF zoning districts as required by House Bill No 5029, the Council does hereby refer this matter to the Law Department for a report and recommendation to determine whether there is a higher authority to which these land use requirements can be appealed, and to determine what other cities are doing to conform to the new State law. On a motion by Taylor, seconded by Brosnan, and unanimously adopted, it was: Regular Meeting of January 29, 2003 33923 CR 38-03 RESOLVED, that having considered a communication from the City Planning Commission, dated October 25, 2002, which sets forth its resolution 10-133-2002, adopted on October 22, 2002, with regard to Petition 2002-09-01-12, submitted by Steven, Tim and George Cowick, for a change of zoning of property located at 8863 Floral Avenue, on the west side of Floral Avenue between Joy Road and Wilson Acres Park in the Southeast 1/4 of Section 36, from C-2 to R-1, and the Council having conducted a public hearing with regard to this matter on January, 8, 2003, pursuant to Council Resolution 628-02, the Council does hereby approve Petition 2002-09-01-12 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 On a motion by Brosnan, seconded by Dolan, and unanimously adopted, it was CR 39-03 RESOLVED, that having considered a communication from the City Librarian, dated January 10, 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 $60,789 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 $30,590 00 to Account No 702-000- 285-271 for the purposes as designated by the donors There was no audience communication at the end of the meeting On a motion by Vandersloot, seconded by Brosnan, and unanimously adopted, this 1,481st Regular Meeting of the Council of the City of Livonia was adjourned at 8 15 pm , January 29, 2003 oan McCotter, City Clerk