HomeMy WebLinkAboutCOUNCIL MINUTES 2001-07-18 33087
MINUTES OF THE ONE THOUSAND FOUR HUNDRED FORTY-FIFTH
REGULAR MEETING OF JULY 18, 2001
On July 18, 2001, 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 Engebretson delivered the invocation
Roll was called with the following result Jack Engebretson, John Walsh,
John Pastor and Val I Vandersloot.
Absent: Maureen Miller Brosnan, Brian Duggan and Joe Laura
Elected and appointed officials present: Jack E Kirksey, Mayor; Robert
Schron, City Engineer; Mark Taormina, City Planner; Sean Kavanagh, City Attorney;
Karen Tesner, Assistant City Clerk, Barbara Lewis, City Librarian, Karen Szymula,
Director of Legislative Affairs and Ian Wilshaw, Traffic Commission
On a motion by Pastor, seconded by Walsh, and unanimously
adopted, it was
CR 450-01 RESOLVED, that the minutes of the 1,444`h Regular Meeting
of the Council held July 2, 2001 are hereby approved as submitted
During the audience communication portion of the agenda, Mayor Kirksey
recognized 48 years of wonderful marriage on the occasion of his anniversary today
He also wished his daughter, Amy, a "Happy Birthday"
Councilmember Pastor wished a "Happy Birthday" to his son, Ryan, who turned 13
today, and also to his daughter, Rachael, who was 6 on Monday
Michael Malecki, 19647 Merriman Court, 48152, addressed the Council and requested
Council's permission to hold a block party
On a motion by Engebretson, seconded by Pastor, and unanimously
adopted, it was
CR 451-01 RESOLVED, that having considered an application from
Michael Malecki, 19647 Merriman Court., dated July 11, 2001, requesting
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permission to close the northern end of Merriman Court between 19647 N
Merriman Court and Pembroke Street on Saturday, August 11 , 2001, from
12 00 p m to 9 00 p m for the purpose of conducting a block party, the
Council does hereby grant permission as requested, the action taken
herein being made subject to the approval of the Police Department.
Anna Hurley, 18481 Glastonbury, Livonia, 48152, addressed the Council and requested
Council's permission to hold a block party
On a motion by Pastor, seconded by Engebretson, and unanimously
adopted, it was
CR 452-01 RESOLVED, that having considered an application from
Anna M Hurley, 18481 Glastonbury Drive, dated July 12, 2001,
requesting permission to close Glastonbury Drive between Caliburn Drive
and Glengarry Drive on Saturday, August 11, 2001, from 4.00 p m to 9.00
p m for the purpose of conducting a block party, the Council does hereby
grant permission as requested, the action taken herein being made
subject to the approval of the Police Department.
Mike Ozog, 31491 Norfolk, Livonia, 48152, addressed the Council regarding a lot split at
31627 Norfolk, Livonia, 48152, that was previously approved by the City Council at the
meeting of July 2, 2001 Mr Ozog stated that he and other neighbors of the subject
property were approached by Dan and Margit Ryan, and the neighbors gave their
approval of this lot split. Since that time, they feel that the Ryans misrepresented their
intentions, and he and the other neighbors now wish to rescind their approval He
presented a petition with several names signed on it stating their wish to rescind their
approval Councilmember Engebretson responded to Mr Ozog stating that, to the
City's knowledge, nothing has deviated from the approved request.
Thomas Wade, 20495 Hubbard, Livonia, 48152 spoke to concerns he has regarding
construction next to his property by All City Refrigeration, including a dumpster being
placed close to his pool and his property being exposed to an open parking lot. He
feels that All City Refrigeration is not in compliance with their approved site plan
On a motion by Walsh, seconded by Engebretson, and unanimously
adopted, it was
CR 453-01 RESOLVED, that having considered a statement by Thomas
Wade, 20495 Hubbard, Livonia, 48152, regarding his concerns of a
construction site by All City Refrigeration adjacent to his property, the
Council does hereby determine to refer this matter to the Committee of the
Whole for a report and recommendation
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On a motion by Walsh, seconded by Engebretson, and unanimously
adopted, it was
CR 454-01 RESOLVED, that having considered a statement by Thomas
Wade, 20495 Hubbard, regarding his concerns of a construction site by All
City Refrigeration adjacent to his property, the Council does hereby
determine to refer this matter to the Mayor for a report and
recommendation
Mike Horton, 20414 Hubbard, Livonia, 48152, was present at the meeting to convey his
concerns with the construction site of All City Refrigeration
Jim Prieskorn, 20446 Hubbard, Livonia, 48152, was present at the meeting to give
support to the concerns raised about the construction site of All City Refrigeration
On a motion by Walsh, seconded by Pastor, and unanimously adopted, it
was
CR 455-01 RESOLVED, that having considered a request from
Councilmember Walsh regarding a resident adding fill to a portion of Bell
Creek without proper authority, the Council does hereby determine to refer
this subject matter to the Engineering Department for a report and
recommendation
A petition received on July 16, 2001 from Mr Ozog, 31491 Norfolk,
Livonia, 48152, re lot split at 31627 Norfolk, Livonia, 48152, with several signatures
rescinding their approval of subject lot split, was received and placed on file for the
information of the Council
A building permit issued to Dan and Margit Ryan, 31627 Norfolk, Livonia,
48152, dated February 22, 2001, re lot split at the subject property, was received and
placed on file for the information of the Council
A Homestead Exemption Affidavit filed by Dan and Margit Ryan, 31627
Norfolk, Livonia, 48152, received by the Department of Assessment on July 17, 2001,
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re lot split and primary residence at subject property, was received and placed on file
for the information of the Council
On a motion by Pastor, seconded by Engebretson, and unanimously
adopted, it was
CR 456-01 RESOLVED, that having considered an application from
Robert D Provalenko, 14054 Sunbury, dated July 16, 2001, requesting
permission to close Sunbury at Meadowlark and Buckingham on
Saturday, August 11, 2001, from 3.00 pm. to 1000 pm for the purpose
of conducting a block party, the Council does hereby grant permission as
requested, including therein permission to conduct the said affair on
Saturday, August 18, 2001, in the event of inclement weather, the action
taken herein being made subject to the approval of the Police Department.
A communication from William Fried, Event Chairman for Rotary Club Bar-
B-Que and Family Fun Fest, dated July 12, 2001, re requesting permission to place a
4'x 8' banner at the entrance to Rotary Park advertising said event for a period of 14
days, was received and placed on file for the information of the Council (Agenda Item
#5)
A Letter of Understanding between the City of Livonia and Phil Sciberras,
dated July 18, 2001, re transfer of ownership of a 2000 Class C Licensed Business
with Dance Permit and Official Permit (Food) from Marvin's Bistro, Inc. , and for a new
entertainment permit for a business located at 29300 Broadmoor, Livonia, 48154, and
conditions agreed to by licensee, was received and placed on file for the information of
the Council (Agenda Item #17)
On a motion by Walsh, seconded by Pastor, it was
CR 457-01 RESOLVED, that having considered an application from
Gisele T Sidor and Debbie Keeling, 36026 Dover, dated June 14, 2001,
requesting permission to close Dover between Linville and Crown on
Saturday, August 25, 2001, from 9 00 am to 10 00 pm for the purpose
of conducting a block party, the Council does hereby grant permission as
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requested, including therein permission to conduct the said affair on
Sunday, August 26, 2001, in the event of inclement weather, the action
taken herein being made subject to the approval of the Police Department.
CR 458-01 RESOLVED, that having considered an application from
Marcella Vance, 15901 Auburndale, dated June 18, 2001, requesting
permission to close Auburndale between Myrna and Five Mile on
Saturday, August 25, 2001, from 2.00 pm to 10 00 pm for the purpose
of conducting a block party, the Council does hereby grant permission as
requested, including therein permission to conduct the said affair on
Sunday, August 26, 2001, in the event of inclement weather, the action
taken herein being made subject to the approval of the Police Department.
CR 459-01 RESOLVED, that having considered an application from
Shawn Staff, 14103 Blackburn, dated June 21, 2001, requesting
permission to close Blackburn between Perth and Scone on Saturday,
July 28, 2001, from 1 00 p m to 10 00 p m for the purpose of conducting
a block party, the Council does hereby grant permission as requested,
including therein permission to conduct the said affair on Saturday, August
4, 2001, in the event of inclement weather, the action taken herein being
made subject to the approval of the Police Department.
CR 460-01 RESOLVED, that having considered an application from
Thomas P Daly, 33147 Scone, dated June 27, 2001, requesting
permission to close Scone Street between Summers and Brookfield on
Saturday, August 11, 2001, from 2.00 pm to 10.00 pm for the purpose
of conducting a block party, the Council does hereby grant permission as
requested, including therein permission to conduct the said affair on
Saturday, August 18, 2001, in the event of inclement weather, the action
taken herein being made subject to the approval of the Police Department.
CR 461-01 RESOLVED, that having considered a letter from Bill Fried,
Event Chairman, on behalf of the Rotary Club of Livonia, dated June 20,
2001, requesting permission to sell beer, to place a banner at the entrance
to Rotary Park for a period not to exceed two weeks, and to place 14"x 22"
wire mounted signs at all major intersections of the City as listed in the
attachment to the aforesaid letter, announcing the Rotary Club of Livonia's
Annual Bar-B-Que and Family Fun Fest to be held at Rotary Park on
Sunday, August 12, 2001, as a fund-raiser for Rotary Park and other
Rotary community and international projects, the Council does hereby
grant permission as requested, the action taken herein being subject to
the following conditions
1 The Rotary Club of Livonia shall provide the City of Livonia with an
appropriate insurance policy naming the City of Livonia as
additional insured with liquor liability coverage in the amount of $1
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million, and such certificate of insurance shall be submitted to the
Department of Law for approval by the City prior to the event;
2 That all alcoholic beverages will be sold only by Rotarians and
proof of legitimate drinking age will be required,
3 That alcoholic beverages will be served in a fenced off area,
4 That the Rotary Club will obtain a 24-hour Alcohol Sales Permit
from the State of Michigan prior to this event;
5 That medical and security personnel shall be on site at all times,
and
6 That the wire-mounted road signs will be installed on July 28, 2001
and removed by Monday, August 13, 2001
CR 462-01 RESOLVED, that having considered correspondence dated
June 22 and June 25, 2001, from Paul E Hatcher, President,
Oliver/Hatcher Construction & Development, Inc , wherein it is requested
that Council Resolution 841-00 be amended to revise the size of the
speculative building units to allow more flexibility in dividing the building for
prospective tenants, the Council does hereby amend and revise Council
Resolution 841-00 so as to have the same read as follows
City of Livonia, County of Wayne, Michigan
A resolution granting the "Speculative Building" designation to
Oliver/Hatcher Construction & Development, Inc 's facilities located at
28451 and 28501 Schoolcraft Road, Livonia, Michigan pursuant to and in
accordance with Act 198 of the Public Acts of 1974, as amended
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
7 53 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
81," and
WHEREAS, the City of Livonia has received a request from Oliver/Hatcher
Construction & Development, Inc for a "Speculative Building in Units"
designation pursuant to the Act for facilities which are being constructed
within said Industrial Development District; and
lbw
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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 facilities,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF LIVONIA AS
FOLLOWS
1 The City of Livonia hereby grants to the industrial facilities located at
28451 and 28501 Schoolcraft Road, 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 division of the facilities into
eighteen (18) units identified as follows.
28501 Schoolcraft
Unit#1 - 5,815 square feet
Unit#2 - 6,300 square feet
Unit #3 - 6,300 square feet
Unit#4 - 6,250 square feet
Unit #5 - 6,250 square feet
Unit#6 - 6,250 square feet
Unit #7 - 6,250 square feet
Unit#8 - 6,300 square feet
Unit#9 - 6,300 square feet
Unit#10 - 6,070 square feet
28451 Schoolcraft
Unit#1 - 5,463 square feet
Unit #2 - 5,700 square feet
Unit #3 - 5,700 square feet
Unit#4 - 5,650 square feet
Unit #5 - 5,650 square feet
Unit#6 - 5,700 square feet
Unit #7 - 5,700 square feet
Unit#8 - 5,462 square feet
which units are depicted on the attached sketch incorporated herein
3 Oliver/Hatcher Construction & Development, Inc may assemble one
or more of said units into larger units or single unit for sale or lease to
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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
facility does not create any vested right on the part of Oliver/Hatcher
Construction & Development, Inc., 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
Part of the North 1/2 of Section 25, T 1 S , R 9 E., City of Livonia,
Wayne County, Michigan, being more particularly described as
follows
Commencing at the Northwest corner of Section 25 T 1 S ,
R. 9 E , City of Livonia, Wayne County, Michigan and running
thence South 00 degrees 27 minutes 00 seconds West along
the West line of said Section 25, a distance of 1169 51 feet to
a point; thence South 89 degrees 34 minutes 33 seconds
east, a distance of 60 00 feet to a point on the Easterly line of
Middlebelt Road (width varies), thence along the Easterly line
of Middlebelt Road, South 00 degrees 27 minutes 00 seconds
west, 166 93 feet; thence South 89 degrees, 34 minutes 33
seconds East, a distance of 127 81 feet; thence North 73
degrees 41 minutes 04 seconds east, a distance of 261 60
feet; thence South 89 degrees 34 minutes 33 seconds East, a
distance of 594.27 feet; thence South 33 degrees 45 minutes
30 seconds East, a distance of 90 69 feet; thence South 12
degrees 33 minutes 51 seconds East, a distance of 181 35
feet; thence South 00 degrees 26 Minutes 49 seconds West;
a distance of 522 53 feet; thence South 61 degrees 31
minutes 39 seconds East, a distance of 67 18 feet to the point
of beginning of the site herein described, thence proceeding
South 89 degrees 27 minutes 35 seconds East, a distance of
630 00 feet; thence South 00 degrees 13 minutes 23 seconds
West, a distance of 520 67 feet to a point on the Northerly
line of the Chesapeake and Ohio Railroad right-of-way (99
feet wide), thence North 89 degrees 26 minutes 43 seconds
West along the Northerly line of said railroad right-of-way,
said line being 49 50 feet Northerly of, as measured at right
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angles to and parallel with the East and West 1/4 line of said
Section 25, a distance of 630 00 feet; thence North 00
degrees 13 minutes 23 seconds East, a distance of 520 52
feet to the point of beginning of the site herein described,
containing 327,971 square feet or 7 53 acres of land more or
less
CR 463-01 RESOLVED, that having considered a communication from
the City Assessor, dated June 26, 2001, approved for submission by the
Mayor, with regard to a request from Mr Robert Hill, 12948 Twelve Mile
Road, South Lyon, Michigan 48178, representing the estate of Helen
Tappen, 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-
144-01-0042-000 into three (3) parcels, the legal descriptions of which
shall read as follows
PARCEL A— LOT 42
JOY ROAD COZY HOMESITES, T 1 S , R 9E , L69 P7 WCR
PARCEL B — LOT 43
JOY ROAD COZY HOMESITES, T 1 S , R. 9E , L69 P7 WCR
PARCELC — LOT 44
JOY ROAD COZY HOMESITES, T 1 S , R. 9E , L69 P7 WCR
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
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
CR 464-01 RESOLVED, that having considered a letter from Fernon P
Feenstra, dated June 26, 2001, requesting an investigation of the
condition and operation of the Cockrum's Market property and the
condition of the adjacent automotive service center with respect to Section
18 17 (Nonconforming Use, Continuance) and Section 18 18
(Nonconforming Use, Termination) of Zoning Ordinance No 543, as
amended, the Council does hereby refer this matter to the Planning
Department, Inspection Department and Department of Law for their
reports and recommendations
CR 465-01 RESOLVED, that having considered a letter from the
Michigan Municipal League, dated June 22, 2001, with regard to the
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Annual Business Meeting to be held in Battle Creek on September 12 -
14, 2001, the Council does hereby designate Council Member Brian
Duggan as the Official Representative and Voting Delegate of the City of
Livonia at the annual meeting, and the City Clerk is hereby requested to
do all things necessary or incidental to the full performance of this
resolution
A communication from the Office of the City Clerk, dated July 5, 2001, re
tax rate for the Clarenceville School District's 2001-02 school year as approved by the
Board of Education on June 14, 2001, was received and placed on file for the
information of the Council
A communication from the Office of the City Clerk, dated June 21, 2001,
re tax rate for the Livonia Public School District's 2001-02 school year as approved by
the Board of Education on June 18, 2001, was received and placed on file for the
information of the Council
A communication from the Inspection Department, dated June 20, 2001, -
Administrative Response - re the issue of the fence to the north of property located at
20370 Oporto and review of six (6) recently constructed homes in the area with respect
to possible sidewalk installation, was received and placed on file for the information of
the Council (CR 337-01)
CR 466-01 RESOLVED, that having considered a communication from
the Fire Chief, dated June 25, 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 the donation
of a 1989 Ford Aerostar station wagon, vehicle identification number
1 FMDA31 U4KZA78907, from Fire Captain Robert Werlinger to be used
for training purposes by the Livonia Fire Department.
CR 467-01 RESOLVED, that having considered the report and
recommendation of the Human Resources Director, dated June 22, 2001,
approved for submission by the Mayor, and which transmits a resolution
adopted by the Civil Service Commission on June 21, 2001, wherein the
Commission recommends an amendment to the Classification of Positions
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Plan to re-title the classification of Technical Specialist (Mayor's Office) to
Chief of Public Relations, with no change in compensation or benefits, the
Council does hereby concur in and approve of the aforesaid action
amp
CR 468-01 RESOLVED, that having considered the report and
recommendation of the Human Resources Director, dated June 22, 2001,
approved for submission by the Mayor, and which transmits a resolution
adopted by the Civil Service Commission on June 21, 2001, wherein the
Commission recommends an amendment to the Classification of Positions
Plan to re-title the classification of Park Maintenance Supervisor to Parks
and Forestry Supervisor and to re-title the classification of Streets and
Forestry Supervisor to Roads and Traffic Supervisor, with no change in
compensation or benefits, the Council does hereby concur in and approve
of the aforesaid action
CR 469-01 RESOLVED, that having considered the report and
recommendation of the Chief of Police, dated June 15, 2001, approved for
submission by the Mayor, the Council does hereby approve and recognize
the Clarenceville High School Homecoming Parade to be held on Friday,
October 12, 2001, beginning at 6 00 p m , FURTHER, the Council does
hereby approve the parade route as follows
Exit the west driveway of Botsford Elementary and
travel north on Brentwood to Pembroke, west on
Pembroke to Maplewood, north on Maplewood to
Morlock; west on Morlock to Parkville, south on
Parkville to Bretton, west on Bretton to Middlebelt;
and north on Middlebelt to the Clarenceville High
School athletic field,
FURTHER, the Council does hereby request that the Wayne County Road
Commission allow the City of Livonia to close the necessary roads
between the hours of 6 00 p m and 7 00 p m or until the roads are
returned to normal traffic operation, that the City of Livonia will assume
liability for any damage claims which may arise as a result of the road
closure, as to Wayne County only; and that Lt. Kevin I Dawley is hereby
designated and authorized to sign the road closure permit on behalf of the
City of Livonia
CR 470-01 RESOLVED, that having considered a letter from the
Michigan Liquor Control Commission, dated March 27, 2001, and the
report and recommendation of the Chief of Police, dated June 18, 2001,
approved for submission by the Mayor, the Council does hereby approve
of the request from Corporate Catering, Inc for transfer of ownership of a
2000 Class C Licensed Business with Dance Permit and Official Permit
(Food) from Marvin's Bistro, Inc and for a new entertainment permit for a
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business located at 29300 Broadmoor, 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 471-01 RESOLVED, that having considered a communication from
the Director of Community Resources and the Director of Public Works,
dated June 26, 2001, approved by the City Attorney and approved for
submission by the Mayor, to which is attached a proposed contract for
caretaking services at the Historical Village at Greenmead between the
City of Livonia and Gregg Mabey, the term of which is August 18, 2001,
through August 17, 2002, the Council does hereby approve and authorize
the Mayor and City Clerk, for and on behalf of the City of Livonia, to
execute the contract, as well as to do all other things necessary or
incidental to the full performance of this resolution
CR 472-01 RESOLVED, that having considered the report and
recommendation of the Executive Director of the Housing Commission,
dated June 22, 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 NuLook Construction, 1549 Middlebelt Road, Inkster,
Michigan 48141, for the replacement of aluminum siding, gutters and
downspouts on eighteen (18) apartment buildings at the Silver Village
housing facility in an amount not to exceed $97,850 00, the same having
been in fact the lowest bid received which meets all specifications,
FURTHER, the Council does hereby authorize the expenditure of funds
already budgeted for this purpose in an amount not to exceed $97,850 00
from Account Number 296-831-987-000, 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 bidder and to do all other things necessary or
incidental to the full performance of this resolution
CR 473-01 RESOLVED, that having considered the report and
recommendation of the Executive Director of the Housing Commission,
dated June 22, 2001, approved for submission by the Mayor, and which
indicates that the Housing Commission has recommended adjustments in
the admission and continued occupancy income limits for Silver Village,
Newburgh Village and City-owned homes, the Council does hereby concur
and approve of the recommended action with respect to admission income
limits and does hereby approve the following adjustments
ADMISSION
Present Income Limits Revised Income Limits
One Person $34,950 $36,750
tie Two Persons $39,950 $42,000
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Three Persons $44,950 $47,250
Four Persons $49,900 $52,500
Five Persons $53,900 $56,700
Six Persons $57,900 $60,900
A communication from the Housing Commission, dated June 20, 2001, re
award of Housing Resources Fund Grant from the Michigan State Housing
Development Authority, and the final grant award amount being increased from
$258,000 to $377,700, was received and placed on file for the information of the
Council (CR 267-01)
CR 474-01 RESOLVED, that having considered the report and
recommendation of the Executive Director of the Housing Commission
and the Supervisor of the Community Development Office-Housing
Commission, dated June 18, 2001, approved for submission by the Mayor,
and to which is attached a Hold Harmless Contract between the City of
Livonia and First Step for the period August 1, 2001, through July 31,
2002, the Council does hereby authorize the Mayor and City Clerk, for and
on behalf of the City of Livonia, to execute the proposed Hold Harmless
Contract in the manner and form herein submitted, as well as to do all
other things necessary or incidental to the full performance of this
resolution
CR 475-01 RESOLVED, that having considered the report and
recommendation of the Executive Director of the Housing Commission
and the Supervisor of the Community Development Office-Housing
Commission, dated June 18, 2001, approved for submission by the Mayor,
and to which is attached a Hold Harmless Contract between the City of
Livonia and the Fair Housing Center of Metropolitan Detroit for the period
August 1, 2001, through July 31, 2002, the Council does hereby authorize
the Mayor and City Clerk, for and on behalf of the City of Livonia, to
execute the proposed Hold Harmless Contract in the manner and form
herein submitted, as well as to do all other things necessary or incidental
to the full performance of this resolution
CR 476-01 RESOLVED, that having considered the report and
recommendation of the Executive Director of the Housing Commission
and the Supervisor of the Community Development Office-Housing
Commission, dated June 18, 2001, approved for submission by the Mayor,
and to which is attached Hold Harmless Contracts between the City of
Livonia and Counseling Associates, Hegira Programs, Inc (HPI), Family
Services, Inc , John Farrar, Ed D, Quality Care Counseling, Lifespan
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Clinical Services, Geriatric Case Management Services, and Jacque
Martin-Downs, MA/MSW, for the 2001-2002 program year, the Council
does hereby authorize the Mayor and City Clerk, for and on behalf of the
City of Livonia, to execute the proposed Hold Harmless Contracts in the
manner and form herein submitted, as well as to do all other things
necessary or incidental to the full performance of this resolution
CR 477-01 RESOLVED, that having considered a communication from
the Economic Development Director, dated July 2, 2001, approved for
submission by the Mayor, and to which is attached correspondence from
Troy D Kennedy, Tax Specialist, General Motors Corporation, dated
March 21, 2001 and June 18, 2001, wherein it is requested that Council
Resolution 701-00 be amended to specify that the Industrial Facilities
Exemption Certificate previously granted to GM Powertrain/General
Motors Corporation for a period of 12 years will commence upon
completion of a three-year construction period (Application #2000-414,
IDD No 2), the Council does hereby amend and revise Council Resolution
701-00 so as to have the same read as follows
WHEREAS, the City Clerk has received an Application for
Industrial Facilities Exemption Certificate from General Motors
Corporation, GM Powertrain, dated May 24, 2000, covering new
industrial facilities to be located within City of Livonia Industrial
Development District No 2, 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 General Motors
Corporation, GM Powertrain, 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 pm on Monday, August 21, 2000, at the Livonia City Hall,
33000 Civic Center Drive, Livonia, Michigan
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL
OF LIVONIA AS FOLLOWS
1 That the City Council, on the basis of the information received
from the applicant, General Motors Corporation, GM
Powertrain, finds and determines (a) that the granting of this
industrial facilities exemption certificate shall not have the
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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 General
Motors Corporation, GM Powertrain, covering new industrial
facilities to be located within the City of Livonia Industrial
Development District No 2 for 12 years upon completion of
a three-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 Board 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
A communication from the Public Service Division, dated June 26, 2001,
re a request from the Michigan Department of Environmental Quality to provide a
description of the public involvement process in the development of the Subwatershed
Management Plan, and which identifies criteria that enable communities within the
subwatershed to apply for Clean Michigan Initiative (CMI) grants, was received and
placed on file for the information of the Council (CR 207-01)
CR 478-01 RESOLVED, that having considered the report and
recommendation of the Public Utility Manager and Director of Public
Works, dated June 28, 2001 , which bears the signature of the Director of
Finance and is approved for submission by the Mayor, regarding
emergency repair of a 36-inch diameter water main in the Farmington
Road right-of-way, north of Seven Mile Road, the Council does hereby
authorize payment to be made in the amount of $40,268 55 to Sunset
Excavating of Livonia, 12641 Stark Road, Livonia, Michigan 48150, for
el., work performed in connection with such emergency repair for the reasons
33102
outlined in the aforesaid communication, FURTHER, the Council does
hereby authorize the expenditure of the sum of $40,268 55 from the
Unexpended Fund Balance of the Water and Sewer Fund for this purpose,
with the provision that the Water & Sewer Fund be reimbursed at such
time as the City is repaid for these costs from the Detroit Edison
Company; 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 479-01 RESOLVED, that having considered a communication from
the City Planning Commission, dated June 15, 2001, which transmits its
resolution 6-96-2001, adopted on June 12, 2001, with regard to Petition
01-5-8-18 submitted by Dave Hood, on behalf of Wintergarden Tavern,
requesting site plan approval in connection with a proposal to renovate
the exterior of the commercial building located at 33320 Seven Mile
Road, on the northeast corner of Farmington Road and Seven Mile Road,
in the Northeast 1/4 of Section 3, the Council does hereby concur in the
recommendation of the Planning Commission and Petition 01-5-8-18 is
hereby approved and granted, subject to the following conditions
1 That the Exterior Building Elevation Plan marked Sheet A-2, dated
May 8, 2001, as revised, prepared by Stucky Vitale Architects is
hereby approved and shall be adhered to,
2 That the existing nonconforming pole sign shall be taken down and
removed from the site,
3 That the Sign Package submitted by Stucky Vitale Architects, as
received by the Planning Commission on June 7, 2001 , is hereby
approved and shall be adhered to,
4 That these wall signs shall not be illuminated beyond one (1) hour
after this restaurant closes,
5 That any additional signage shall come back before the Planning
Commission and City Council for their review and approval,
6 That this approval is subject to the petitioner being granted a
variance from the Zoning Board of Appeals for excessive signage
and any conditions related thereto, and
7 That the specific plans referenced in this approving resolution shall
be submitted to the Inspection Department at the time the building
permits are applied for
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CR 480-01 RESOLVED, that having considered an application from
Kathy Walker and Kim Damesworth, 17559 Rougeway, dated July 3,
2001, requesting permission to close Rougeway between Six Mile and
Bobrich on Saturday, August 11, 2001, from 4 00 p m to 10 00 p m for
the purpose of conducting a block party, the Council does hereby grant
permission as requested, the action taken herein being made subject to
the approval of the Police Department.
CR 481-01 RESOLVED, that having considered an application from
Janel Barber, 18997 Gillman, dated July 5, 2001, requesting permission to
close Gillman between Seven Mile and Clarita on Saturday, August 11,
2001, from 12 00 p m to 10 00 p m for the purpose of conducting a block
party, the Council does hereby grant permission as requested, including
therein permission to conduct the said affair on Sunday, August 12, 2001,
in the event of inclement weather, the action taken herein being made
subject to the approval of the Police Department.
CR 482-01 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,
September 17, 2001, at 7 00 p m at the City Hall, 33000 Civic Center
Drive, Livonia, Michigan, with respect to the following item
Petition 01-3-6-5, submitted by the City Planning Commission,
on its own motion, to determine whether or not to amend
Section 2 07 of Article II and Section 29 04 of Article XXIX of the
Zoning Ordinance so as to better define and limit the types of
housing permitted in the R-9 District, the City Planning
Commission in its resolution 6-95-2001 having recommended to
the City Council that Petition 01-3-6-5 be approved,
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 to the
Zoning Ordinance, and/or (b) location of the proposed change 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
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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 Engebretson, Walsh, Pastor and Vandersloot
NAYS None
Councilmember Engebretson took from the table, for second
reading and adoption, the following Ordinance
AN ORDINANCDE AMENDING SUBSECTION (n) OF
SECTION 18 50D OF ARTICLE XVIII OF ORDINANCE NO
543, AS AMENDED, KNOWN AND CITED AS "THE CITY
OF LIVONIA ZONING ORDINANCE" (Petition 99-8-6-3)
(CR 396-01)
A roll call vote was taken on the foregoing Ordinance with the following result:
AYES Engebretson, Walsh, Pastor and Vandersloot
NAYS None
The Vice-President declared the foregoing Ordinance duly adopted, and would
become effective on publication
Councilmember Walsh took from the table, for second
reading and adoption, the following Ordinance
AN ORDINANCE AMENDING SUBSECTION (b) OF
SECTION 18 50K OF ARTICLE XVIII OF
ORDINANCE NO 543, AS AMENDED, KNOWN AND
CITED AS "THE CITY OF LIVONIA ZONING
ORDINANCE" (Petition 99-8-6-3) (CR 396-01)
A roll call vote was taken on the foregoing Ordinance with the following result:
AYES Engebretson, Walsh, Pastor and Vandersloot
NAYS None
The Vice-President declared the foregoing Ordinance duly adopted, and would
33105
become effective on publication
On a motion by Pastor, seconded by Walsh, and unanimously adopted, it
was
CR 483-01 WHEREAS, the City Council has received applications for
the transfer of an Industrial Facilities Exemption Certificate to Blue Dot
Design, LLC, and Fusion Tech, Inc , 35457 Industrial Road, from GPD,
Inc., covering industrial facilities located within the City of Livonia Industrial
Development District No 57, and
WHEREAS, the Council did previously in Council Resolution 1007-93
adopted on December 20, 1993, approve Industrial Facilities Exemption
Certificate No 93-636 for a facility located at 35457 Industrial Road for a
period of 12 years after completion of the proposed new facility; and
NOW, THEREFORE, be it resolved by the City of Livonia as follows
(1) That the City Council, on the basis of the information received from
the applicants, Blue Dot Design, LLC, and Fusion Tech, Inc., finds
and determines
(a) That the approval of the transfer 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 applicants have fully complied with the requirements of
Section 9, Act No 198, PA 1974, as amended
(2) That the City Council hereby approves the above transfer of
Industrial Facilities Exemption Certificate from GPD, Inc. covering
industrial facilities to be located within the City of Livonia Industrial
Development District No 57 for the remaining 7 years ending
December 30, 2007 as previously approved in Council Resolution
1007-93,
(3) Council Resolution 1007-93 adopted on December 20, 1993, is
hereby amended and revised to the extent necessary to be
consistent with the action taken herein
The petitioner, Paul Burke, was present at the meeting to answer questions of the
Council
33106
On a motion by Engebretson, seconded by Pastor, and unanimously
adopted, it was
tip
CR 484-01 RESOLVED, that having considered a communication from
the City Librarian, dated June 22, 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 $3,425 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 $3,425 00 to Account No 702-000-
285-271 for the purposes as designated by the donors
City Librarian Barbara Lewis was present at the meeting and spoke to the subject
matter of the generous donations
On a motion by Pastor, seconded by Engebretson, and unanimously
adopted, it was
CR 485-01 RESOLVED, that having considered a communication from
the Director of Community Resources, dated June 21, 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 the donation of Farmer Jack Food Certificates in the total amount
of $500 00 from the Kiwanis Early Risers to the Community Resources
Department to be used as indicated in the aforesaid communication
A communication from Al Flores, 19548 Hillcrest, Livonia, 48152, dated
June 20, 2001, re tendering his resignation from the Zoning Board of Appeals with an
effective date of July 18, 2001, was received and placed on file for the information of the
Council
On a motion by Pastor, seconded by Walsh, and unanimously adopted, it
was
CR 486-01 RESOLVED, that considering a letter from Al Flores from the
Zoning Board of Appeals, the Council does hereby determine to accept his
resignation from the Board effective July 18, 2001
On a motion by Walsh, seconded by Pastor, and unanimously adopted, it
33107
was
CR 487-01 RESOLVED, that pursuant to Section 21 02 of the Zoning
Ordinance of the City of Livonia, Ordinance No 543, as amended, and Section 5
of Act 207 of the Public Acts of Michigan of 1921, as amended, Robert Sills,
34824 Wood, Livonia, Michigan 48154, is hereby appointed to the Zoning Board
of Appeals effective July 18, 2001, to fill the unexpired term of Albert Flores,
ending July 12, 2003, with all the authority and duties as set forth in the said
Zoning Ordinance and Act 207, and further provided that he 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.
On a motion by Engebretson, seconded by Pastor, and unanimously
adopted, it was
CR 488-01 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 Walsh, seconded by Pastor, and unanimously adopted, it
was:
CR 489-01 RESOLVED, that having considered a communication from the
Director of Public Works and the City Engineer, dated July 17, 2001, approved
for submission by the Mayor, with regard to a telecommunications Permit
Application submitted by Teleport Communications Group, Inc. (TCG Detroit)
requesting approval for access to and ongoing use of the public right-of-ways
within the City for a proposed telecommunications system utilizing approximately
14.25 miles of public right-of-way, as more particularly described in the
attachment to the permit application, the Council does hereby designate
Wednesday, August 8, 2001, at TOO p m. as the date and time for conducting a
public hearing with regard to whether or not to approve such permit application,
such hearing to be held at the City Hall, 33000 Civic Center Drive, Livonia,
Michigan, and the City Clerk is hereby requested to do all things necessary in
order to give proper notice in writing, as well as by the publication of a notice in
the City's official newspaper of such hearing and the date and place thereof, in
compliance with the requirements set forth in Section 12 06 050G of the Livonia
Code of Ordinances, as amended
On a motion by Engebretson, seconded by Pastor, and unanimously adopted,
this 1,445th Regular Meeting of the Council of the City of Livonia was adjourned at 8 47 p m ,
July 18, 2001
Jo McCotter, City Clerk v