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HomeMy WebLinkAboutCOUNCIL MINUTES 2002-01-16 33358 MINUTES OF THE ONE THOUSAND FOUR HUNDRED FIFTY-SIXTH REGULAR MEETING OF JANUARY 16, 2002 On January 16, 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 Council Vice-President Knapp delivered the invocation Roll was called with the following result. Don Knapp, Val Vandersloot, Linda Dolan, Gerald Taylor, Joe Laura, Maureen Miller Brosnan 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, Barbara Lewis, City Librarian, Kevin Roney, Public Utility Manager; Ron Reinke, Superintendent of Parks and Recreation and Jeff Bryant, Director of Economic Development. On a motion by Brosnan, seconded by Vandersloot, it was CR 1-02 RESOLVED, that the minutes of the 1,455th Regular Meeting of the Council held December 19, 2001 are hereby approved as submitted AYES Vandersloot, Laura, Brosnan and Engebretson NAYS None PRESENT Knapp, Dolan and Taylor The President declared the resolution duly adopted During the audience communication portion of the agenda, Mary Ellen Rooker, 17391 Louise, Livonia, 48152, spoke to the Council and voiced her opposition to the Rental Home Ordinance Inspection which involves payment of license fees and inspection of her rental property at 29950 Bobrich, Livonia, 48152 Councilmember Taylor thanked Kevin Roney, Public Utility Manager, for the information submitted by him to the Council regarding water meters, and he also 33359 thanked the Law Department for the information that was submitted regarding Bogart's Billiards and Café Councilmember Taylor reminded everyone of the First Step Dance that will take place on February 1, 2002, at Burton Manor A communication from Bill and Mary Rooker, 17391 Louise, Livonia, 48152, dated January 15, 2002, re rental property at 29950 Bobrich and her request for exemption of rental license fees and inspection for this property, was received and placed on file for the information of the Council A communication from the Department of Law, dated December 17, 2001, re Nichols & Vann Media Group, LLC v City of Livonia, Wayne County Circuit Court Case No 01-112795NZ, was received and placed on file for the information of the Council A communication from the Office of the Mayor, dated December 11, 2001, re Annual Report for the City of Livonia for the fiscal year 2000-2001, was received and placed on file for the information of the Council A communication from the Department of Law, dated January 10, 2002, re the necessity of obtaining an Entertainment Permit to sponsor pool tournaments if the cash prizes exceed $250 00, relative to a request from Bogarts Billiards & Café, 30282 Plymouth Road, Livonia, 48150, was received and placed on file for the information of the Council (Agenda item #9) A Letter of Understanding between Bogarts Billiards & Café, Inc., 30282 Plymouth Road, Livonia, 48150, and the City of Livonia, dated January 14, 2002, re request for an Entertainment Permit to allow pool tournaments with cash prizes as 33360 permitted under the Michigan Liquor Control Commission rules, was received and placed on file for the information of the Council (Agenda item #9) A communication from the Public Service Division, dated January 11, 2002, re the reasonableness of the pricing of water meters being purchased by the City of Livonia as compared to neighboring communities, was received and placed on file for the information of the Council (Agenda item #14) A communication from the Inspection Department, dated January 15, 2002, re the excess amount of seating at a carryout restaurant at 34733 Plymouth Road, and property maintenance issues at this location, were received and placed on file for the information of the Council (Petition 01-11-2-25) (Agenda item #20) A communication from Rino Soave, 34822 Pembroke, Livonia, 48152 re his desire to amend a rezoning petition to include only the easterly 66 feet of Lot 34 and leaving Lot 33 to be rezoned as initially requested, was received and placed on file for the information of the Council (Petition 01-10-1-11) (Agenda item 22a) On a motion by Brosnan, seconded by Taylor, it was CR 2-02 RESOLVED, that having considered the report and recommendation of the Mayor, dated December 11, 2001, requesting the approval of a salary adjustment for the Director of Emergency Preparedness to $12,000 00 annually, effective January 1, 2002, 50% of which amount historically has been funded by the State of Michigan Office of Emergency Management, the Council does hereby concur in and approve of such action CR 3-02 RESOLVED, that having considered a communication from the Mayor, dated December 18, 2001, the Council does hereby approve of and concur in the appointment of Mr John Pastor, 31140 Lyndon, Livonia, Michigan 48154, to the City Planning Commission to fill the unexpired term of office of Linda Dolan, which term will expire on June 9, 2003, provided that Mr Pastor takes the Oath of Office as required in Chapter X, Section 2 of the City Charter, to be administered by the City Clerk. 33361 CR 4-02 RESOLVED, that having considered a communication from the Mayor, dated December 18, 2001, the Council does hereby approve of and concur in the appointment of Mr John Walsh, 35041 Pembroke, Livonia, Michigan 48152, to the City Planning Commission, effective March 1, 2002, which term will expire on June 9, 2004, provided that Mr Walsh takes the Oath of Office as required in Chapter X, Section 2 of the City Charter, to be administered by the City Clerk. CR 5-02 RESOLVED, that having considered a communication from the Mayor, dated December 18, 2001, wherein he has requested approval of the appointment of Mr John Walsh, 18600 Haggerty Road, Livonia, Michigan 48152, to the Livonia Plymouth Road Development Authority as a representative of the Other Tax Entity in the District, representing Schoolcraft College for a four-year term to fill the unexpired term of Adelard (Butch) Raby, which term will expire May 16, 2005, pursuant to Section 3 16 060 of the Livonia Code of Ordinances, as amended, and Act No 197 of the Public Acts of Michigan of 1975, as amended, the Council does hereby confirm and approve such appointment provided that Mr Walsh takes the Oath of Office as required in Chapter X, Section 2 of the City Charter, to be administered by the Office of the City Clerk. CR 6-02 RESOLVED, that having considered a communication from the City Assessor, dated November 14, 2001, which bears the signature of the Director of Finance and is approved for submission by the Mayor, and in accordance with Chapter VIII, Section 6 of the Charter of the City of Livonia, the Council does hereby determine to approve the following dates for the Board of Review to conduct Public Hearings in 2002, which Public Hearings are to be conducted in the conference room of the City Assessor on the first floor of the Livonia City Hall, 33000 Civic Center Drive, Livonia, Michigan 48154 FIRST SESSION Tuesday March 5, 2002 Organizational Meeting 1 30 p m -4 30 p m Friday March 8, 2002 9.00 a.m - 12:00 p.m 1 30 p.m -4 30 p.m. Saturday March 9, 2002 9.00 a m - 1.00 p.m SECOND SESSION Monday March 11, 2002 1.00 p.m -4.00 p.m 6.00 p m -9.00 p.m Tuesday March 12, 2002 9.00 a.m - 1200. p.m 1 30 p m -4 30 p.m FURTHER, the Council does hereby determine that the daily rate of compensation to be paid to the members of the Board of Review shall be $120 00 for the Chairperson and $100 00 for other members 33362 Pursuant to Public Act No 165, Public Acts of 1971, we hereby give notice that the following tentative ratios and multipliers will be used to determine the State Equalized Value (S E V ) for the year 2002 CLASS RATIO S.E.V. FACTOR (MULTIPLIER) Agricultural 50 00 1 0000 Commercial 50 00 1 0000 Industrial 50 00 1 0000 Residential 50 00 1 0000 Personal 50 00 1 0000 CR 7-02 RESOLVED, that having considered the report and recommendation of the Director of Finance, dated December 18, 2001, approved for submission by the Mayor, with respect to the bid received for the sale of City-owned property located at 28024 Joy Road, the Council does hereby reject the bid received on December 17, 2001, in connection with this item, the action herein being taken for the reasons indicated in the aforesaid communication CR 8-02 RESOLVED, that having considered the report and recommendation of the City Librarian, dated November 30, 2001, reviewed by the Director of Finance, Director of Public Works, City Engineer, Planning Director and the Superintendent of Parks and Recreation, and approved for submission by the Mayor, wherein approval is requested for the alteration of the Noble Library parking lot to prevent vehicles from speeding through the parking lot and for the safety of pedestrians and library patrons, the Council does hereby approve of the alteration of the Noble Library parking lot and hereby authorizes the Department of Public Works to proceed with the design and construction of this project to extend a curbed area across the width of the parking lot, the cost of which will come from the 2002 Library budget. CR 9-02 RESOLVED, that having received a letter from Robert Waite, President, ABC Cab, Inc , 36977 Amrhein, Livonia, Michigan 48150, dated November 6, 2001, requesting approval to increase the number of taxicab licenses to 25 (15 licenses were approved in Council Resolution 316-01) and having considered the report and recommendation of the Chief of Police, dated December 11, 2001, approved for submission by the Mayor, the Council does hereby approve this request for reasons of public convenience and necessity and does hereby authorize the issuance of a license to ABC Cab, Inc , to operate twenty-five (25) taxicabs in the City of ii Livonia, and the City Clerk is hereby requested to do all things necessary or incidental to the full performance of this resolution CR 10-02 RESOLVED, that having considered a letter from the Michigan Liquor Control Commission, dated May 1, 2001, and the report 33363 and recommendation of the Chief of Police, dated December 17, 2001, approved for submission by the Mayor, the Council does hereby approve of the request from Bogart's Billiards & Café, Inc , for a new Entertainment Permit to be held in conjunction with a 2001 Class C Licensed Business located at 30282 Plymouth Road, Livonia, Michigan 48150, Wayne County; and the City Clerk is hereby requested to forward a certified copy of this resolution to the Michigan Liquor Control Commission CR 11-02 RESOLVED, that having considered the report and recommendation of the Director of Housing, dated November 28, 2001, which bears the signature of the Director of Finance and is approved for submission by the Mayor, the Council does hereby accept the bid of Jordan Restorations, Inc., 17550 Floral, Livonia, Michigan 48152, for completing all work required with respect to the rehabilitation of a vacant City-owned home located at 11784 Arcola, for the total price of $27,331 00, the same having been in fact the lowest bid received and meets all specifications, FURTHER, the Council does hereby authorize the expenditure of funds already budgeted for this purpose in the amount of $27,331 00 from Account No 240-832-987-000 (CDBG), and the Director of Housing is hereby authorized to approve minor adjustments in the work as it becomes necessary; and the Director of Housing is hereby authorized to execute a contract for and on behalf of the City of Livonia with the aforesaid bidder and to do all other things necessary or incidental to the full performance of this resolution CR 12-02 RESOLVED, that having considered the report and recommendation of the Superintendent of Parks and Recreation, dated December 14, 2001, which bears the signature of the Director of Finance and the Information Systems Manager, and is approved for submission by the Mayor, the Council does hereby authorize the purchase of a computer software upgrade from RecWare, part of the Active Network, Inc., 937 Enterprise Drive, Sacramento, California 95825 for the Department of Parks and Recreation to accommodate the use of credit cards and selling of annual passes for the Community Center, in the amount of $33,745 00, FURTHER, the Council does hereby authorize the expenditure of the sum of $33,745 00 from funds already budgeted in Account No 208-755-987- 000 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 140D4 of the Livonia Code of Ordinances, as amended CR 13-02 RESOLVED, that having considered the report and recommendation of the Director of Community Resources, dated December 13, 2001, which bears the signature of the Director of Finance and is approved for submission by the Mayor, the Council does hereby tow 33364 approve an increase in fees for the Community Gardens Program at Greenmead from $15 00 per plot to $20 00 per plot beginning in the spring of 2002, and the Director of Community Resources is hereby requested to do all things necessary or incidental to the full performance of this resolution CR 14-02 RESOLVED, that having considered the report and recommendation of the Director of Community Resources, dated December 13, 2001, which bears the signature of the Director of Finance, is approved by the City Attorney and is approved for submission by the Mayor, to which is attached a Specialized Services Operating Assistance Program Third Party Contract to provide lift-equipped transportation to senior and disabled residents for the period October 1, 2001 through September 30, 2002, the Council does hereby accept the renewal grant o $16,454 00 for this purpose, FURTHER, the Council does hereby authorize the Mayor and City Clerk, for and on behalf of the City of Livonia, to execute the said agreement with SMART for support of this Specialized Services (Lift-Equipped) Transportation Program, provided that the Agreement is approved as to form by the Department of Law CR 15-02 RESOLVED, that having considered a communication from the Water and Sewer Board, dated December 4, 2001, which bears the signature of the Director of Finance and is approved for submission by the Mayor, and which sets forth Water and Sewer Board Resolution WS 3390 12/01, the Council does hereby accept the proposal dated November 6, 2001, from lnvensys Metering Systems, Inc , 1501 Ardmore Boulevard, Pittsburgh, Pennsylvania 15221, to supply small diameter water meters, compound water meters and fire line meters and testers for the period January 1, 2002 through December 31, 2004, at the unit prices quoted which represent an increase of three percent (3%) for 2002 and 2003, and which will be increased in an amount not to exceed six percent (6%) for 2004 (based on documentable increases in production costs to Invensys Metering Systems), 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 the provisions set forth in Section 3 04 140D4 of the Livonia Code of Ordinances, as amended CR 16-02 RESOLVED, that having considered the report and recommendation of the Public Utility Manager and the Director of Public Works, dated December 18, 2001, which bears the signature of the Director of Finance and is approved for submission by the Mayor, wherein it is requested that payment be made for the emergency repair of the large diameter sanitary sewer crossing the Tarabusi Creek, the Council does hereby authorize payment to Aristeo Construction Company, 12811 Farmington Road, Livonia, Michigan 48150 in the amount of $67,556 00 33365 for this purpose, FURTHER, the Council does hereby appropriate and authorize the expenditure of the sum of$67,556 00 from Account No 592- --158-000 (Construction in Progress) with reimbursement from the proceeds of the 2000 Water and Sewer Revenue Bond to pay for this work, 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 the provisions set forth in Section 3 04 140D1 of the Livonia Code of Ordinances, as amended CR 17-02 RESOLVED, that having considered the report and recommendation of the City Engineer and the Director of Public Works, dated November 28, 2001, which bears the signature of the Finance Director, is approved by the Chairman of the Water and Sewer Board and is approved for submission by the Mayor, regarding pavement, drive and sidewalk repairs required in connection with the emergency sanitary sewer repair on Edgewood Drive, north of Five Mile Road, the Council does hereby appropriate and authorize the expenditure of the sum of $53,705 90 from Account No 592---158-000 (Construction in Progress) to be paid to Hard Rock Concrete, 38146 Abruzzi Drive, Westland, Michigan 48185, with reimbursement from the 2000 Bond proceeds for this work, 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 the provisions set forth in Section 3 04 140D1 of the Livonia Code of Ordinances, as amended A communication from the Law Department, dated November 21, 2001, re qualifications for Appraisal Professionals, was received and placed on file for the information of the Council (CR 606-01) CR 18-02 RESOLVED, that having considered a communication from the City Planning Commission, dated December 12, 2001, which transmits its resolution 12-195-2001, adopted on December 11, 2001, with regard to Petition 01-10-3-2, submitted by Hunt's Ace Hardware requesting to vacate a utility easement located on the south side of Seven Mile Road and west of Myron Avenue in the Seven Mile Super Highway Subdivision in the Northeast 1/4 of Section 9, the Council does hereby concur in the recommendation of the City Planning Commission and does grant and approve the said Petition 01-10-3-2, and the Department of Law is hereby requested to prepare the necessary vacating ordinance in accordance with this resolution 33366 CR 19-02 RESOLVED, that having considered a communication from the City Planning Commission, dated December 12, 2001, which transmits its resolution 12-196-2001, adopted on December 11, 2001, with regard to Petition 01-10-2-24, submitted by Mid America Shows, Inc requesting waiver use approval to conduct a carnival sponsored by the Livonia Mall Merchants Association consisting of amusement rides, games and food concessions from Thursday, March 28, 2002 through Sunday, April 7, 2002, inclusive, on property located on the north side of Seven Mile Road between Middlebelt and Purlingbrook Roads in the Southeast 1/4 of Section 2, which property is zoned C-2, the Council does hereby concur in the recommendation made by the City Planning Commission and Petition 01- 10-2-24 is hereby approved and granted, subject to the following conditions 1 That the carnival shall be limited to the dates as specified by Mid America Shows, Inc , which are March 28, 2002 through April 7, 2002, inclusive, 2 That the proposed carnival operation shall be confined to the area as illustrated on the Site Plan submitted with this request; 3 That all rides, food concessions, booths and all other equipment and apparatus relating to the operation of the carnival shall be located at least 60 feet distant from the Seven Mile Road right-of- way line, 4 That all trucks and other transportation equipment shall be parked or stored within the northwesterly portion of the Livonia Mall parking lot, but no closer than 100 feet from the west property line abutting the Ziegler Place site or 250 feet from the south property line abutting Hunters Brook Condominiums, 5 That there shall be no motors running on the stored trucks during late hours, especially between 11 00 p m to 7 00 a m , including motors on any refrigeration trucks, 6 That there shall be no living quarters at the location of the stored trucks, 7 That the hours of operation of the carnival shall be as stated in a letter dated October 14, 2001, from James K. Wegerly, Vice President of Mid America Shows, Inc , which have been approved by the Police Department, and 8 That access to fire hydrants be provided for the Fire Department 33367 CR 20-02 RESOLVED, that having considered a communication from the City Planning Commission, dated December 12, 2001, which transmits its resolution 12-197-2001, adopted on December 11, 2001, with regard to Petition 01-11-2-25, submitted by Kamel Khuja requesting waiver use approval to add 10 seats to a carryout restaurant (Pitabilities) on property located on the south side of Plymouth Road between Laurel and Wayne Roads in the Northwest 1/4 of Section 33, which property is zoned C-2, the Council does hereby refer this item to the Committee of the Whole for its report and recommendation CR 21-02 RESOLVED, that having considered a communication from the City Planning Commission, dated December 12, 2001, which transmits its resolution 12-197-2001, adopted on December 11, 2001, with regard to Petition 01-11-2-25, submitted by Kamel Khuja requesting waiver use approval to add 10 seats to a carryout restaurant (Pitabilities) on property located on the south side of Plymouth Road between Laurel and Wayne Roads in the NorthwestV4 of Section 33, which property is zoned C-2, the Council does hereby refer the question of already installed interior seating to the Inspection Department for its report and recommendation CR 22-02 RESOLVED, that having considered a communication from the City Planning Commission, dated December 12, 2001, which transmits its resolution 12-199-2001 adopted on December 11, 2001, with regard to Petition 01-11-8-28 submitted by D & D Land Hold, requesting site plan approval in connection with a proposal to construct a commercial building on property located on the west side of Middlebelt Road between Seven Mile Road and Bretton (19651 Middlebelt Road) in the Southeast 1/4 of Section 2, 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 01-11-8-28 is hereby approved and granted, subject to the following conditions 1 That the Site and Landscape Plan, marked Sheet 1 dated November 30, 2001, as revised, prepared by Urban Engineering Company, is hereby approved and shall be adhered to, 2 That all disturbed lawn areas shall be sodded in lieu of hydroseeding, 3 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 Exterior Building Elevation Plans, marked Sheets 1 and 2, both with a revision date of December 4, 2001, prepared by 33368 Alexander V Bogaerts & Associates, and subject to No 15 below, are hereby approved and shall be adhered to, 5 That the brick used in the construction shall be full-face four inch (4") brick, no exceptions, 6 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, 7 That all light standards shall be shielded from the adjacent properties and shall not exceed 20 ft. in height; 8 That the petitioner shall correct to the Inspection Department's satisfaction the following as outlined in the correspondence dated November 16, 2001 a That the existing parking lot shall be repaired and resealed and the entire parking lot shall be double striped, b That all handicap spaces shall be identified and comply with the Michigan Barrier Free Code, c That curbs at the front parking facing the sidewalk shall be installed, 9 That the petitioner shall correct to the Fire Department's satisfaction the following as outlined in the correspondence dated November 20, 2001 a That if the building is to be provided with an automatic sprinkler system, a hydrant shall be located between 50 ft. and 100 ft. from the Fire Department connection, b That access around the building shall be provided for emergency vehicles with a turning radius up to 45 ft. wall-to-wall and a minimum vertical clearance of 131/2 ft., 10 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, 11 That the request to substitute the greenbelt along the west property line for the required protective wall is hereby temporarily denied 33369 until such time that the abutting property to the west is developed, at which time the owner of the property shall have the option of either erecting the wall or coming back before the Planning Commission and City Council for a permanent wall waiver; 12 That a variance, temporarily waiving the wall along the west property line, shall be obtained from the Zoning Board of Appeals, 13 That based on the parking calculation, this building shall not be allowed more than four (4) tenants at any one given time, 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; and 15 That stained impregnated blocks shall be installed on the south side of the building and brick shall be utilized on the other three sides, with EFIS along the top border, as reflected on the rendering received by the Council on January 7, 2002 CR 23-02 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, February 25, 2002 at 7 00 p m at the City Hall, 33000 Civic Center Drive, Livonia, Michigan, with respect to the following items (1) Petition 2001-10-01-11 submitted by Rino Soave for a change of zoning of property located on the northeast corner of Wayne Road and Pinetree Avenue in the Northwest '/ of Section 33 from RUF to R-1, the City Planning Commission in its resolution 12-190-2001 having recommended to the City Council that Petition 01-10-1-11 be denied, and (2) Petition 2001-10-01-12 submitted by Sam Baki for a change of zoning of property located on the west side of Middlebelt Road between Dover and Grandon Avenues in the Southeast 1/4 of Section 35 from OS to RC, the City Planning Commission in its resolution 12-191-2001 having recommended to the City Council that Petition 01-10-1-12 be denied, 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 33370 Zoning Ordinance, and/or (b) location of the proposed change(s) of zoning as set forth above, first to be published in the official newspaper of the City or a newspaper of general circulation in the City of Livonia as well as to, not less than fifteen (15) days prior to said public hearing, cause to have notice to be given by certified mail to each public utility company and to each railroad company owning or operating any public utility or railroad within the districts or zones affected, and further, the City Clerk is requested to do all other things necessary or incidental to the full performance of this resolution A roll call vote was taken on the foregoing resolutions with the following result. AYES Knapp, Vandersloot, Dolan, Taylor, Laura, Brosnan and Engebretson NAYS None A communication from the Department of Finance, dated November 28, 2001, re summary of anticipated wage and benefit costs relative to the LAFF Union Contract Agreement for the period December 1, 1999 through November 30, 2002, was received and placed on file for the information of the Council (CR 18-00) A communication from the Department of Law, dated December 11, 2001, re ZBA Performance — One Measure and ZBA Performance — Work Load, was received and placed on file for the information of the Council (CR 737-00) The Annual Report for 12-1-00 through 11-30-01 , Annual Report for 12-1- 99 through 11-30-00, ZBA Attendance from December 2000 through November 2001, and ZBA activity for September, October and November 2001, prepared by the Zoning Board of Appeals staff, was received and placed on file for the information of the Council On a motion by Brosnan, seconded by Laura, and unanimously adopted, it was CR 24-02 RESOLVED, that having considered the report and �,�,., recommendation of the Committee of the Whole, dated December 11, 33371 2001, submitted pursuant to Council Resolution 737-00, regarding the subject of the Zoning Board of Appeals' procedures and performances, the Council does hereby refer the subject of the ZBA process of the City of Dearborn to the Department of Law for its report and recommendation On a motion by Brosnan, seconded by Laura, it was RESOLVED, that having considered the report and recommendation of the Committee of the Whole, dated December 11, 2001, submitted pursuant to Council Resolution 737-00, regarding the subject of the Zoning Board of Appeals' procedures and performances, the Council does hereby refer the subject of the percentage of approvals/denials of Zoning Board of Appeal cases in other communities to the Administration for its report and recommendation A roll call vote was taken on the foregoing resolution with the following result: AYES Knapp and Laura NAYS Vandersloot, Dolan, Taylor, Brosnan and Engebretson The President declared the motion failed for lack of support. On a motion by Brosnan, seconded by Laura, and unanimously adopted, it was CR 25-02 RESOLVED, that having considered the report and recommendation of the Committee of the Whole, dated December 11, 2001, submitted pursuant to Council Resolution 737-00, regarding the subject of the Zoning Board of Appeals' procedures and performances, the Council does hereby refer the subject of absentee problems of the Zoning Board of Appeals with the possibility of substitution to the Administration for its report and recommendation A communication from Mayor Kirksey, dated November 20, 2001, to Representatives John Stewart and Laura Toy and State Senator Thaddeus McCotter re the subject of the publication of official Legal Notices and Ordinances in connection with the designation of an official newspaper for the City, was received and placed on file for the information of the Council (CR 46-00) On a motion by Brosnan, seconded by Laura, and unanimously adopted, it 33372 was CR 26-02 RESOLVED, that having considered the report and recommendation of the Committee of the Whole, dated December 11, 2001, submitted pursuant to Council Resolution 46-00, regarding the subject of publication of official legal notices and ordinances, the Council does hereby determine to take no further action with regard to this matter A communication from the Planning Department, dated October 16, 2001, indicating that a valid protest exists and that a 3/4 majority roll call vote by the Council is necessary for approval re Petition 00-06-01-13 submitted by Joseph Trupiano, on behalf of the Marney Group, for a change of zoning of property located on the north side of Five Mile Road between Foch Avenue and Green Lane Avenue, was received and placed on file for the information of the Council A communication from the Planning Department, dated January 15, 2002, indicating that a valid protest still exists and that a 'la majority roll call vote by the Council is necessary for approval re Petition 00-06-01-13 submitted by Joseph Trupiano, on behalf of the Marney Group, for a change of zoning of property located on the north side of Five Mile Road between Foch Avenue and Green Lane Avenue, was received and placed on file for the information of the Council Councilmember Laura took from the table, for second reading and adoption, the following Ordinance AN ORDINANCE AMENDING SECTION 13 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 00-6-1-13) A roll call vote was taken on the foregoing Ordinance with the following result: 33373 AYES Knapp, Vandersloot, Dolan, Laura and Engebretson NAYS Taylor and Brosnan The President declared the foregoing Ordinance failed due to the existence of a valid protest that requires a 3/4 majority vote by Council for approval A communication from Albert and Alice lafrate, 16043 Westmore, Livonia, 48154, dated January 8, 2002 re their property at 27480 and 27486 Five Mile Road and stating their support for the rezoning of property for the proposed James Towne Condominiums to be located on Five Mile Road between Foch Avenue and Green Lane, was received and placed on file for the information of the Council (Petition 00-6- 1-13) A communication from residents of Kenwood Meadows Subdivision, dated January 16, 2002, re stating their opposition to the rezoning of property located on the north side of Five Mile Road between Green lane and Foch Avenue where a proposed condominium development is to be located, was received and placed on file for the information of the Council (Petition 00-6-1-13) A communication from the Marney Group, received on January 15, 2002, re petition and charts showing residents both supporting and opposing the rezoning of property located on the north side of Five Mile Road between Green lane and Foch Avenue where a proposed condominium development is to be located, as well as a drawing showing the new location for the dumpster, was received and placed on file for the information of the Council (Petition 00-6-1-13) Jason Councilman, 15365 Green Lane, Livonia, 48154 stated his opposition to the old plan but has not seen the new plan (Petition 00-6-1-13) Joseph Trupiano, petitioner, stated his support of the proposed rezoning of property located on the north side of Five Mile Road between Green lane and Foch REVISED - CR 27-02 33374 Avenue where a proposed condominium development is to be located (Petition 00-6-1- 13) On a motion by Brosnan, seconded by Taylor, it was RESOLVED, that having considered Petition 00-6-1-13, submitted by Joseph Trupiano, on behalf of the Marney Group, for a change of zoning of property located on the north side of Five Mile Road between Foch Avenue and Green Lane Avenue in the Southeast 'A of Section 13 from R-1 to R-C (One Family Residential — 60' x 120' Lots to Condominium Residential), the Council does hereby determine to deny this rezoning A roll call vote was taken on the foregoing resolution with the following result: AYES Taylor, Brosnan and Engebretson NAYS Knapp, Vandersloot, Dolan and Laura The President declared the resolution failed for lack of support. On a motion by Brosnan, seconded by Laura, and unanimously adopted, it was CR 27-02 RESOLVED, that having considered the report and recommendation of the Committee of the Whole, dated December 11, 2001, submitted pursuant to Council Resolution 642-01, and a communication from the City Planning Commission, dated August 29, 2001, which transmits its resolution 8-134-2001, adopted on August 21, 2001, with regard to Petition 01-7-8-23 submitted by Marney Group, requesting site plan approval in connection with a proposal to construct a residential condominium development at 27480 Five Mile Road in the Southeast 1/4 of Section 13, and the Council having failed to rezone the underlying property due to a lack of support for rezoning Petition 00-6- 1-13 located at the same location as cited above, the Council does hereby determine to take no further action on this matter A communication from the Committee of the Whole, dated January 2, 2002, presenting the Chairpersons and members of the various Committees for the years 2002-2003, as shown below, was received and placed on file for the information of the Council 33375 Committee of the Whole Jack Engebretson Chairman All Councilmembers Capital Improvement Committee Val Vandersloot Chairman Maureen Miller Brosnan Joe Laura Finance, Insurance and Budget Committee Gerald Taylor Chairman Joe Laura Maureen Miller Brosnan Legislative Committee Maureen Miller Brosnan Chairman Don Knapp Val Vandersloot Livonia City Council/Schools Liaison Committee Linda M Dolan Chairman Don Knapp Val Vandersloot Streets, Roads, & Plats Committee Joe Laura Chairman Linda M Dolan Gerald Taylor Water, Sewer and Waste Committee. Don Knapp Chairman Linda M Dolan Gerald Taylor On a motion by Laura, seconded by Vandersloot, and unanimously adopted, it was CR 28-02 RESOLVED, that having considered the report and recommendation of the Committee of the Whole, dated January 2, 2002, the Council does hereby designate Gerald Taylor as the City's delegate to the Southeast Michigan Council of Governments and does hereby designate Linda M Dolan as the City's alternate on a continuing basis, or until further order of this Council by Council Resolution On a motion by Taylor, seconded by Brosnan, and unanimously adopted, it was. 33376 CR 29-02 RESOLVED, that having considered the report and recommendation of the Committee of the Whole, dated January 2, 2002, the Council does hereby designate Joe Laura to serve as the Council Representative on the Board of Directors of the Livonia Anniversary Committee on a continuing basis, or until further order of this Council by Council Resolution On a motion by Brosnan, seconded by Dolan, and unanimously adopted, it was CR 30-02 RESOLVED, that having considered the report and recommendation of the Committee of the Whole, dated January 2, 2002, with regard to the Annual Meeting of the Michigan Municipal Risk Management Authority, the Council does hereby determine to designate the Director of Finance, Michael T Slater, as the Official Representative and Voting Representative of the City of Livonia and does further designate Gerald Taylor as the alternate on a continuing basis, or until further order of this Council by Council Resolution On a motion by Taylor, seconded by Dolan, and unanimously adopted, it was CR 31-02 RESOLVED, that having considered the report and - recommendation of the Committee of the Whole, dated January 2, 2002, the Council does hereby designate Joe Laura as Parliamentarian of the City Council on a continuing basis, or until further order of this Council by Council Resolution On a motion by Laura, seconded by Knapp, and unanimously adopted, it was CR 32-02 RESOLVED, that having considered the report and recommendation of the Committee of the Whole, dated January 2, 2002, the Council does hereby determine to designate Val Vandersloot to serve on the Board of Trustees of the Livonia Employees Retirement System on a continuing basis, or until further order of this Council by Council Resolution On a motion by Dolan, seconded by Laura, and unanimously adopted, it was 33377 CR 33-02 RESOLVED, that having considered the report and recommendation of the Committee of the Whole, dated January 2, 2002, the Council does hereby designate Don Knapp to serve as the Council Representative on the Board of Directors of the Livonia Economic Development Partnership and does further designate Maureen Miller Brosnan as the alternate on a continuing basis, or until further order of this Council by Council Resolution On a motion by Taylor, seconded by Knapp, and unanimously adopted, it was CR 34-02 RESOLVED, that having considered a letter from Leslie Leposky, Projects Coordinator, Right to Life - Lifespan, dated December 13, 2001, the Council does hereby take this means to indicate that Right to Life - Lifespan is recognized as a non-profit organization operating in the community, and the action herein being taken for the purpose of affording Right to Life - Lifespan an opportunity to obtain a raffle license from the State of Michigan in accordance with provisions of State statute On a motion by Knapp, seconded by Laura, and unanimously adopted, it was CR 35-02 RESOLVED, that having considered a request from Councilmember Don Knapp, the Council does hereby refer to the Law Department for its report and recommendation the subject of a history of the State of Michigan Raffle License procedures and possible elimination of City approval via a draft resolution to the State Legislature A communication from William R Miller of Rite Aid Corporation, dated January 8, 2002, re payment of false alarm charges, and a copy of a check from Rite Aid to the City in the reduced amount of $1500 00 for such, was received and placed on file for the information of the Council (Petition 00-10-2-31) On a motion by Laura, seconded by Vandersloot, it was CR 36-02 RESOLVED, that having considered a letter from the Michigan Liquor Control Commission, dated November 16, 1999, and the report and recommendation of the Chief of Police, dated December 4, 2001, approved for submission by the Mayor, the Council does hereby approve of the request from Rite Aid of Michigan, Inc for transfer of ownership of a 1996 Specially Designated Distributor License with Sunday 33378 Sales only, in escrow, from Apex Drug Stores, Inc and to transfer location from 29350 Plymouth Road, Livonia, Mi 48150, Wayne County, to be held in conjunction with an existing 1999 Specially Designated Merchant license with drive-up window for a business located at 31245 Eight Mile Road, Livonia, Michigan 48152, Wayne County, and the City Clerk is hereby requested to forward a certified copy of this resolution to the Michigan Liquor Control Commission A roll call vote was taken on the foregoing resolution with the following result: AYES Knapp, Vandersloot, Dolan, Laura and Engebretson NAYS Taylor and Brosnan John J Doyle, attorney for Rite Aid of Michigan, Inc , was present at the meeting to answer questions of the Council On a motion by Laura, seconded by Taylor, it was CR 37-02 RESOLVED, that having considered a communication from the City Planning Commission, dated December 12, 2001, which transmits its resolution 12-194-2001, adopted on December 11, 2001, with regard to Petition 01-10-2-23, submitted by Hunt's Ace Hardware, requesting waiver use approval for outdoor sales of home garden supplies on property located on the south side of Seven Mile Road between Stamford and Myron Avenues in the Northeast 1/4 of Section 9, which property is zoned C-2, the Council does hereby concur in the recommendation made by the City Planning Commission and Petition 01-10-2-23 is hereby approved and granted, subject to the following conditions 1 That the Site Plan marked Sheet C-1 dated October 12, 2001, as revised, prepared by Lindhout Associates Architects, is hereby approved and shall be adhered to, 2 That the outdoor display and sales shall be confined to the fenced area designated for that purpose on the above referenced site plan and that there shall be no other outdoor display or sales anywhere else on the subject site, 3 That the merchandise to be displayed and sold in the designated outdoor sales area shall be limited to nursery stock and home garden supplies, 4 That the time period within which the outdoor display and sales will take place shall be limited to between April 1 and October 15 of each year; 33379 5 That all dumpsters for the site shall be contained within the fenced area and placed at a readily accessible location near a gate to facilitate refuse disposal, and 6 That the specific plan 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 resolution with the following result: AYES Knapp, Vandersloot, Dolan, Taylor, Laura and Engebretson NAYS Brosnan The President declared the resolution duly adopted On a motion by Brosnan, seconded by Laura, and unanimously Ladopted, it was CR 38-02 CITY OF LIVONIA COUNTY OF WAYNE, MICHIGAN AFTER A PUBLIC HEARING BEING HELD ON DECMEBER 17, 2001, A RESOLUTION GRANTING THE "SPECULATIVE BUILDING" DESIGNATION TO ASHLEY CAPITAL'S (ASHLEY LIVONIA NORTH, L L C ) FACILITIES LOCATED AT THE S E CORNER OF SCHOOLCRAFT AND MIDDLEBELT ROADS IN THE CITY OF LIVONIA, MICHIGAN PURSUANT TO AND IN ACCORDANCE WITH ACT 198 OF THE PUBLIC ACTS OF 1974, AS AMENDED, WAS AND IS PROPOSED AS FOLLOWS WHEREAS, the City Council of the City of Livonia has established an Industrial Development District, pursuant to the provisions of Act No 198 of the Public Acts of 1974, as amended, (the "Act") encompassing land situated in the City of Livonia and comprised of an area of approximately 117 13 acres lying in the North 1/2 of Section 25, more particularly described in Exhibit A, attached hereto and incorporated by reference herein, which area is referred to as "City of Livonia Industrial Development District No 72," and WHEREAS, the City of Livonia has received a request from Ashley Capital (Ashley Livonia, L L C ) for a "Speculative Building in Units" 33380 designation pursuant to the Act for facilities which are being constructed within said Industrial Development District, and WHEREAS, the City wishes to preserve its right to induce qualified manufacturers to locate in the City of Livonia at said facilities by offering the opportunity for tax abatement under the Act; and WHEREAS, the granting of said designation will under the Act allow the City of Livonia to consider future applicants the granting of tax abatement for such qualified manufacturers as may purchase or become tenants of the facility; NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF LIVONIA AS FOLLOWS 1 The City of Livonia hereby grants to the industrial facilities (Buildings 1 and 2) located at the Southeast corner of Schoolcraft and Middlebelt Roads in the City of Livonia, Michigan, pursuant to the authority delegated to the City of Livonia under Act 198 of 1974, as amended, the "Speculative Building In Units" designation 2 The City of Livonia accepts the preliminary division of these facilities into thirty-six (36) units identified as follows Building 1 Building 2 Unit A. 24,000 s f 39,000 s f Unit B 16,000 s f 39,000 s f Unit C 18,500 s f 39,000 s f Unit D 18,500 s f 39,000 s f Unit E 18,500 s f 39,000 s f Unit F 21,000 s f 39,000 s f Unit G 21,000 s f 39,000 s f Unit H 21,000 s f 39,000 s f Unit I 31,500 s f 39,000 s f Unit J 39,000 s f Unit K. 26,000 s f Unit L 21,000 s f Unit M 21 ,000 s f Unit N 21 ,000 s f Unit 0 21 ,000 s f Unit P. 21 ,000 s f Unit Q 21,000 s f Unit R 21,000 s f Unit S Unit T 21,000 s f 21,000 s f Unit U 21 ,000 s f 33381 Unit V 21,000 s f Unit W Unit X. 21,000 s.f 21,000 s f Unit Y 21,000 s f Unit Z. 21,000 s f Unit AA 21,000 s f which units are depicted on the attached sketch incorporated herein 3 Ashley Capital (Ashley Livonia, L L C ) may assemble one or more of said units into larger units or single unit for sale or lease to a qualified manufacturer or manufacturers as same is defined in Act 198 of 1974, as amended 4 The granting of the "Speculative Building in Units" designation for the facilities does not create any vested right on the part of Ashley Capital (Ashley Livonia, L.L.0 ), its successors in interests or any tenants of the facilities to receive tax abatement as provided under Act 198 of 1974, as amended, the designation being granted to preserve the opportunity for future qualified manufacturer or manufacturers under said Act to submit an application(s) to the City of Livonia requesting tax abatement under said Act. 5 The City Clerk is hereby directed to forward a certified copy of this resolution to the State Tax Commission for the State of Michigan EXHIBIT A A part of the North 1/2 of Section 25, T 1 S , R. 9 E, City of Livonia, Wayne County, Michigan, described as commencing at the northwest corner of said Section 25, thence S 01° 54'43" E along the west line of said section and nominal centerline of Middlebelt Road, 362 59' to a point on southerly right-of-way of Schoolcraft Road/I-96 (variable width), thence along said right-of-way the following 6 courses N 88°05'17" E 70 00', N 20°34'19" E 65 55', N 65°30'34" E 63 70', N 88°00'00" E 128.22 ', N 84°56'42" E 1085 07', N 84°20'12" E 461 75' to the Point of Beginning, thence continuing along said southerly right-of-way the following 5 courses N 84°20'12" E 123 77', N 79°48'23" E 151 59', N 84°20'12" E 652 37', N 88°18'06" E 598.25', S 88°13'33" E 383 70', thence S 02°08'02" E 326 39' to a point of curvature, thence along said curve to the left, a radius of 240 00', central angle of 52°08'46", arc distance of 218 43', and chord bearing of S 28°12'25" E , 210 97' to a point of curvature, thence along said curve to the right, a radius of 295 00', central angle of 21°51'05", arc distance of 112 51', and chord bearing S 43°21'16" E 111 83', thence N 87°51'58" E 72 59', thence S 02°08'02" E 1801 17' to a point on the 33382 northerly right-of-way of the C & 0 Railroad (width varies), thence along said northerly right-of-way the following 2 courses S 86°07'57" W 1323 32', S 88°10'37" W 822 03', thence N 02°08'08" W 2398 42' to the Point of Beginning Containing 117 13 acres (5,102,377 sq ft.) and subject to easements and restrictions of record, if any On a motion by Brosnan, seconded by Vandersloot, and unanimously adopted, it was CR 39-02 RESOLVED, that having considered a communication from the City Librarian, dated November 27, 2001, 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 $580 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 $580 00 to Account No 702-000- 285-271 for the purposes as designated by the donors City Librarian Barbara Lewis spoke to the Council regarding the receipt of $580 00 to be used by the Library There was no audience communication at the end of the meeting On a motion by Brosnan, seconded by Taylor, and unanimously adopted, this 1,456th Regular Meeting of the Council of the City of Livonia was adjourned at 9 12 p m , January 16, 2002 - es/r, rn& L Jban McCotter, City Clerk