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HomeMy WebLinkAboutCOUNCIL MINUTES 2001-09-05 REVISED ROLL CALL 33180 MINUTES OF THE ONE THOUSAND FOUR HUNDRED FORTY-EIGHTH REGULAR MEETING OF SEPTEMBER 5, 2001 On September 5, 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 Pastor delivered the invocation Roll was called with the following result: John Pastor, Brian Duggan, Joe Laura, Jack Engebretson, John Walsh and Val I Vandersloot. Absent: Brosnan —family committment 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, and Ian Wilshaw, Traffic Commission On a motion by Duggan, seconded by Pastor, and unanimously adopted, it was. CR 584-01 RESOLVED, that the minutes of the 1,447th Regular Meeting of the Council held August 27, 2001 are hereby approved as submitted A roll call vote was taken on the foregoing resolution with the following result: AYES Walsh, Pastor, Dugan, Engebretson and Vandersloot NAYS None PRESENT Laura There was no audience communication. Communication from the Department of Finance, dated August 20, 2001, re forwarding various financial statements of the City of Livonia for the month ending July 31, 2001, was received and placed on file for the information of the Council. On a motion by Duggan, seconded by Pastor, it was CR 585-01 RESOLVED, that having considered an application from Deb Strautz, 36142 Roycroft, dated August 17, 2001, requesting permission to close Woodside from Roycroft to Sherwood on Sunday, September 16, 2001, from 1 00 p m to 4.00 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, September 23, 33181 2001, in the event of inclement weather, the action taken herein being made subject to the approval of the Police Department. CR 586-01 RESOLVED, that having considered a letter from Thomas M Peterson, dated June 28, 2001, requesting permission to continue the operations and take over ownership of Northwest Transport, which has been servicing the City of Livonia for many years, upon the retirement of its present owner, Henrietta Foster, the Council does hereby refer this request to obtain a taxicab license to the Police Department, Department of Law and the Department of Community Resources for their reports and recommendations CR 587-01 RESOLVED, that having considered the report and recommendation of the Director of Public Works and the Superintendent of Public Service, dated August 13, 2001, which bears the signature of the Director of Finance and is approved for submission by the Mayor, the Council does hereby approve a one-year extension of the existing contract with G&M Enterprises Ltd , 19614 W Eight Mile Road, Southfield, Michigan 48075, for completing all sweeping required for the City's 2001 Leaf Pickup Program at the unit prices bid in September, 1996, FURTHER, the Council does hereby authorize the action herein without competitive bidding in accordance with Section 3 04 140D4 of the Livonia Code of Ordinances, as amended A communication from the Engineering Division, dated August 13, 2001, re report of filling in of a back yard at 16479 Bell Creek Lane and placing of a 12" culvert in a drain that was done without a permit from either the City or the Michigan Department of Environmental Quality, and an attached violation letter from the Michigan Department of Environmental Quality issued to the owner of said property, was received and placed on file for the information of the Council (CR 445-01) CR 588-01 RESOLVED, that having considered the report and recommendation of the Director of Public Works and the City Engineer, dated August 8, 2001, which bears the signature of the Director of Finance, is approved by the Water and Sewer Board, and is approved for submission by the Mayor, the Council does hereby accept the unit price bid of Gleason Construction Company, Inc , 1529 Kieswetter Road, Holland, Ohio 43528, for completing all work in connection with the 2001 Watermain Replacement Project - Phase II (Contract 01-K) for the estimated total cost of $985,280 00, based upon the Engineering Department's estimate of units involved, and subject to a final payment i■. 33182 based upon the actual units completed in accordance with the unit prices accepted herein, said estimated cost and unit prices having been in fact the lowest bid received for this item, FURTHER, the Council does hereby appropriate and authorize the expenditure of a sum not to exceed hop $985,280 00 from Account No 592---158-000 (Construction-in-Progress) for this purpose, and the City Engineer is hereby authorized to approve minor adjustments in the work as it becomes necessary; 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 589-01 RESOLVED, that having considered a letter from Jennifer R. Boros, Chairperson, representing Sacred Heart Byzantine Catholic Church, dated August 26, 2001, which requests permission to display two banners, which are to be 3' x 7' in size and located in front of the church, and to place up to 26 yard signs, 20" x 20" in size, announcing the Sacred Heart Mom-to-Mom Sale to be conducted on Saturday, September 29, 2001, which signs shall be installed no earlier than Saturday, September 22, 2001 at the intersections listed in the aforesaid communication Inkster Road Northwest and southwest corners of 5 Mile Road Northwest and southwest corners of 6 Mile Road Northwest corner of Lyndon Street Middlebelt Road Northwest, northeast, southeast and southwest corners of 7 Mile Road Northwest, northeast, southeast and southwest corners of 6 Mile Road Northwest corner of Puritan Road Northwest, northeast, southeast and southwest corners of 5 Mile Road Northwest and southeast corners of Lyndon Street Merriman Road Southeast corner of Puritan Road Northeast and southeast corners of 5 Mile Road Northwest and southeast corners of Lyndon Street Henry Ruff Road Northeast corner of 5 Mile Road Southwest corner of Lyndon Street and all signs shall be removed no later than Sunday, September 30, 2001 , the Council does hereby grant and approve this request in the manner and form herein submitted 33183 A roll call vote was taken on the foregoing resolutions with the following result: AYES Pastor, Duggan, Laura, Engebretson, Walsh and Vandersloot NAYS None On a motion by Engebretson, seconded by Duggan, and unanimously adopted, it was CR 590-01 RESOLVED, that having considered the report and recommendation of the Committee of the Whole, dated August 14, 2001, submitted pursuant to 349-01, and the report and recommendation of the Director of Public Works and the City Engineer, dated August 9, 2001, approved for submission by the Mayor, regarding a request from Robert Canzano, Canzano Contracting Corporation, for elimination of the sidewalk requirement with respect to the new construction located at 19102 Fitzgerald Street, the Council does hereby approve this request inasmuch as omitting the sidewalk on the subject property would have no detrimental effect upon the neighboring properties at this time due to a lack of any other public sidewalks existing within the neighboring area Nick Canzano, 18887 Van Road, Livonia, 48152, was present at the meeting for purposes of representing the petitioner, Robert Canzano At the direction of the Chair, Agenda Item #8 was moved to the next Regular Meeting of September 26, 2001, because of the absence of the petitioner at this meeting (Petition 00-6-1-13) On a motion by Walsh, seconded by Pastor, and unanimously adopted, it was CR 591-01 RESOLVED, that having considered a communication from the City Planning Commission, dated August 15, 2001, which transmits its resolution 8-123-2001, adopted on August 7, 2001, with regard to Petition 01-7-8-22 submitted by Custom Stone Works, requesting site plan approval in connection with a proposal to construct an addition to the commercial building located on the north side of Plymouth Road, between Merriman and Hubbard Roads (31600 Plymouth Road), in the Southeast 1/4 of Section 27, pursuant to the provisions set forth in Section 18 58 of Ordinance No 543, as amended, the Council does hereby concur in the recommendation of the Planning Commission and Petition 01-7-8-22 is hereby approved and granted, subject to the following conditions 33184 1 That the Site Plan, as received by the Planning Commission on July 23, 2001, is hereby approved and shall be adhered to, except for the fact that the renovation and parking proposed for the front elevation of the existing building shall not be permitted, 2 That the Exterior Building Elevation Plan, as received by the Planning Commission on July 23, 2001, is hereby approved and shall be adhered to, except for the fact that the renovation proposed for the front elevation of the existing building is not part of this approval, 3 That the walls of the trash dumpster area shall be constructed out of the same building materials used in the construction of the addition 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, 4 That this approval is subject to the petitioner being granted a variance from the Zoning Board of Appeals for adding onto a nonconforming building and any conditions related thereto, 5 That no signs, either freestanding or wall mounted, are approved 6 with this petition, That no outdoor storage, placement or display of merchandise, parts or any other such material shall be permitted at any time, 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 Bill Fads, petitioner for Custom Stone Works, 12321 Howland Park Drive, Plymouth, MI 48170, was present at the meeting to answer questions of the Council On a motion by Duggan, seconded by Engebretson, it was RESOLVED, that having considered a communication from the City Planning Commission, dated June 15, 2001, which sets forth its resolution 6-92-2001 adopted on June 12, 2001, with regard to Petition 01-04-02-08 submitted by Badri Yono requesting waiver use approval to utilize an SDD liquor license in an existing business (Plymouth Food Store) located on the north side of Plymouth Road, between Cavell and Arcola Avenues, in the Southeast 1/4 of Section 25, which property is zoned C-2, and the Council having conducted a public hearing with regard to this matter on August 8, 2001, pursuant to Council Resolution 439-01, 33185 the Council does hereby concur in the recommendation of the City Planning Commission and said Petition 01-04-02-08 is hereby denied, for the same reasons as those set forth in the action taken by the Planning Commission A roll call vote was taken on the foregoing resolution with the following result. AYES Pastor, Duggan and Engebretson NAYS Laura, Walsh and Vandersloot The Vice-President declared the resolution failed for lack of support. On a motion by Laura, seconded by Walsh, it was RESOLVED, that having considered a communication from the City Planning Commission, dated June 15, 2001, which sets forth its resolution 6-92-2001 adopted on June 12, 2001, with regard to Petition 01-04-02-08 submitted by Badri Yono requesting waiver use approval to utilize an SDD liquor license in an existing business (Plymouth Food Store) located on the north side of Plymouth Road, between Cavell and Arcola Avenues, in the Southeast 1/4 of Section 25, which property is zoned C-2, and the Council having conducted a public hearing with regard to this matter on August 8, 2001, pursuant to Council Resolution 439-01, the Council does hereby reject the recommendation of the City Planning Commission and said Petition 01-04-02-08 is hereby approved and granted subject to the following conditions 1 That this approval shall be subject to a variance being granted by the Zoning Board of Appeals with respect to non-compliance with the 400 foot separation requirement between the proposed SDD licensed establishment and an existing church, and 2 That the site deficiencies listed in the correspondence dated May 29, 2001 from the Inspection Department shall be corrected to that Department's satisfaction A roll call vote was taken on the foregoing resolution with the following result: AYES Laura, Walsh and Vendersloot NAYS Pastor, Duggan and Engebretson The Vice-President declared the resolution failed for lack of support. Petitoner Badri Yono was present at the meeting to answer questions of the Council 33186 On a motion by Engebretson, seconded by Laura, and unanimously adopted, it was. CR 592-01 RESOLVED, that the Council does hereby refer to the Law Department for a report and recommendation the issue of a split vote decision on Council resolution matters, and the subsequent process to be followed On a motion by Engebretson, seconded by Pastor, and unanimously adopted, this 1,448th Regular Meeting of the Council of the City of Livonia was adjourned at 8 24 p m , September 5, 2001 Jean McCotter, City Clerk