HomeMy WebLinkAboutCOUNCIL MINUTES 2001-02-21 32804
MINUTES OF THE ONE THOUSAND FOUR HUNDRED THIRTY-FIFTH
REGULAR MEETING OF FEBRUARY 21, 2001
On February 21, 2001, 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 Vandersloot
delivered the invocation
Boy Scout Troop 897 from Emerson School was present at the meeting, and the
Assistant Senior Patrol Leader led all present in reciting the Pledge of Allegiance
Roll was called with the following result: Val I Vandersloot, John
Walsh, John Pastor, Brian Duggan, Jack Engebretson, and Maureen Miller
Brosnan
Absent: Joe Laura
Elected and appointed officials present: Jack E Kirksey, Mayor;
Robert Beckley, Director of Public Works, Mike Slater, Director of Finance,
Robert Schron, City Engineer; Mark Taormina, City Planner; Sean Kavanagh,
City Attorney; Joan McCotter, City Clerk, Ron Reinke, Superintendent of Parks
and Recreation and Ian Wilshaw, Traffic Commission
On a motion by Duggan, seconded by Pastor, and unanimously
adopted, it was
CR 88-01 RESOLVED, that the minutes of the 1,434th Regular
Meeting of the Council held February 7, 2001 are hereby approved
as submitted
Councilmember Pastor offered his sympathy to the family of Tom Foraker, a
Livonia resident who was an active member of the community by serving in the
Junior Baseball Association, a Youth Minister at his church, and a former
member of the Zoning Board of Appeals
Councilmember Duggan offered his condolences to the family of Livonia resident
John Gough, who died in a tragic automobile accident on February 20, 2001 Mr
Gough was the basketball and baseball coach of his son's teams
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Ralph Williams, 18630 Foch, Livonia, 48152 spoke in opposition to
Agenda Item #10 and stated that responsibility for sewer backup liability should
be addressed at the local level rather than at the State level
At the direction of the Chair, Agenda Item #10 was removed from
the Consent portion of the Agenda
A communication from the Engineering Division, dated February
13, 2001, re requesting MDOT to not tine the pavement on Newburgh Road that
is part of the 1-96 Reconstruction Project, Part B (Job No 38079) because of
noise issues involved with this method, was received and placed on file for the
information of the Council
On a motion by Duggan, seconded by Pastor, it was
CR 89-01 RESOLVED, that having considered an application
from Amy Fogle, 9870 Henry Ruff, dated February 1, 2001,
requesting permission to close Henry Ruff between Robert and
Orangelawn on Saturday, June 2, 2001, from 11 00 a 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, June 9, 2001, in the event of
inclement weather, the action taken herein being made subject to
the approval of the police department.
CR 90-01 WHEREAS, audiologists and speech-language
pathologists in the City of Livonia observe and celebrate Better
Hearing and Speech Month each year during the month of May;
and
WHEREAS, the City of Livonia recognizes and values the efforts of
all who work to eliminate or minimize the isolating effects of
communication disorders in the one in ten affected by them, and
WHEREAS, many citizens of Livonia have overcome their
communications disabilities through the services of dedicated
audiologists and speech-language pathologists, and
WHEREAS, audiology and speech-language pathology services
throughout our nation help to enable and empower individuals with
communication disorders to lead independent, productive and
fulfilling lives, and
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WHEREAS, the City of Livonia is proud and honored to have
audiologists and speech-language pathologists offering quality
F education and hearing care services to its citizens,
L NOW, THEREFORE, BE IT RESOLVED, that Mayor Jack E.
Kirksey and the Livonia City Council proclaim the month of May as
Better Hearing and Speech Month, and we encourage all citizens to
recognize the achievements of audiologists and speech-language
pathologists in improving the quality of life for people with
communication disorders.
CR 91-01 RESOLVED, that having considered a communication
from the Mayor, dated February 6, 2001, wherein he has requested
approval of the appointment of Ms Maureen Simari, 15532 Penn
Drive, Livonia, Michigan 48154, to the Local Officers Compensation
Commission to fill a vacancy for a term expiring April 2, 2002,
pursuant to Section 2 48 020 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 Ms Simari takes the oath of office as
required in Chapter X, Section 2 of the City Charter, to be
administered by the City Clerk.
CR 92-01 RESOLVED, that having considered the report and
recommendation of the City Clerk, dated February 1, 2001, to
which is attached a letter from The Observer & Eccentric
Newspapers, Inc , received in the Office of the City Clerk on
January 26, 2001, the Council does hereby designate the
Observer & Eccentric Newspapers, Inc , subsidiary of Hometown
Communications Network, 36251 Schoolcraft, Livonia, Michigan
48150, as the official newspaper of the City of Livonia for the
period January 1, 2001 through December 31, 2001, FURTHER,
the Council does hereby approve and authorize the publishing of
legal notices in The Observer & Eccentric Newspaper for the price
of $6 70 per column inch, based on the present six-column format,
which will remain in effect until December 31, 2001, FURTHER,
legal notices which are submitted on diskette will, upon request, be
placed on the Internet at no additional charge, FURTHER, the
Council does hereby authorize the said item 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 93-01 RESOLVED, that having considered a communication
from the Director of Finance, dated January 29, 2001, approved for
submission by the Mayor, to which is attached a proposed
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agreement between the City of Livonia and Karoub Associates, 200
North Capitol Avenue, Suite 500, Lansing, Michigan 48933, to act
as the City's legislative consultant for the period January 1, 2001,
through December 31, 2001, for an annual fee of $24,000 00,
including all expenses, the Council does hereby approve the
Agreement in the manner and form herein submitted, and the
Mayor and City Clerk are hereby authorized, for and on behalf of
the City of Livonia, to affix their signatures to the said agreement,
subject to approval as to form by the Department of Law
CR 94-01 RESOLVED, that having considered a letter from the
Michigan Liquor Control Commission, dated July 25, 2000, and the
report and recommendation of the Chief of Police, dated January
19, 2001, in connection therewith, the Council does hereby
recommend approval of the request from B J 's of Michigan, Inc. to
drop Violet Kuretich as stockholder in 2000 Class C licensed
business with Entertainment Permit, Official Permits (Food and
Golf), Outdoor Service (one area), and two bars, located at 36000
Seven Mile Road, Livonia, Michigan, Wayne County, through
transfer of her 37,500 shares of stock to existing stockholder
Sandra A. Beslach (12,500 shares) and to new stockholder James
L Kuretich (25,000 shares), and the City Clerk is hereby requested
to forward a certified copy of this resolution to the Michigan Liquor
Control Commission
f
CR 95-01 RESOLVED, that having considered the report and
recommendation of the Director of Public Works, dated January 31,
2001, which bears the signature of the Director of Finance and is
approved for submission by the Mayor, the Council does hereby
approve the extension of the contract with Great Lakes Sanitation,
P 0 Box 46141, Mt. Clemens, Michigan 48046, to provide portable
toilet service for the seasonal use placements and the special
events for 2001, under the same rates, terms and conditions as the
2000 contract; FURTHER, the Council does hereby authorize the
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 96-01 RESOLVED, that having considered the report and
recommendation of the Director of Public Works and the
Superintendent of Public Service, dated January 31, 2001, which
bears the signature of the Director of Finance and is approved for
submission by the Mayor, the Council does hereby accept the low
bid which meets specifications of Plymouth Concrete, Inc., 600
Junction Street, Plymouth, Michigan 48170, for supplying the Public
Service Division (Road Maintenance Section) with readymix
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concrete at the unit prices bid for the period April 1, 2001, through
March 31, 2002, for an estimated total amount of $53,850 00,
FURTHER, in the event the aforesaid low bidder is unable to
furnish the material, the Council does hereby accept the second
lowest bid which meets specifications of National Ready-Mix, Inc.,
39000 Ford Road, Westland, Michigan 48185, for supplying the
Public Service Division (Road Maintenance Section) with readymix
concrete at the unit prices bid for the period April 1, 2001, through
March 31, 2002, for an estimated total amount of$55,000 00
CR 97-01 RESOLVED, that having considered the report and
recommendation of the Director of Public Works and the City
Engineer, dated January 18, 2001, which bears the signature of the
Director of Finance, is approved as to form by the City Attorney,
and approved for submission by the Mayor, to which is attached an
agreement between the Michigan Department of Transportation
and the City of Livonia for the reconstruction and resurfacing of 1-96
between Inkster Road and the western city limits, the Council does
hereby authorize the Mayor and City Clerk, for and on behalf of the
City of Livonia, to execute this Agreement in the manner and form
herein submitted, FURTHER, the Council does hereby appropriate
and authorize the expenditure of the sum of $211 ,600 00 from the
2000-2001 Major Road Fund (Account No 202-463-818-125) for
the City's estimated share of this project (1.25% of the total
estimated cost for this project of $16,930,300 00), and the City
Clerk is hereby requested to forward a certified copy of this
resolution, together with the signed agreement, to the Michigan
Department of Transportation
CR 98-01 WHEREAS, the City Clerk has received an
Application for Industrial Facilities Exemption Certificate from Delta
Research Corporation, received in the Office of the City Clerk on
January 31, 2001, covering new industrial facilities to be located
within City of Livonia Industrial Development District 80,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL
OF LIVONIA that it determines as follows
1 The City Clerk shall provide copies of the said Application to
the legislative bodies of the governmental units deriving
property taxes from the property that will be affected, as
required by Act 198, P.A. 1974, as amended
2 The City Clerk shall contact each of the affected taxing units,
and (i) indicate the Council's interest in this matter, and (ii)
assist these taxing units in collecting such information as
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may be necessary to determine their respective opinions on
this Application, and (iii) advise the said taxing units of this
Council's desire to hold a hearing on this Application on
Monday, March 26, 2001, at 7 00 p m at the Livonia City
Hall, 33000 Civic Center Drive, Livonia, Michigan
3 The Council hereby sets Monday, March 26, 2001, at 7 00
p m at the Livonia City Hall, 33000 Civic Center Drive,
Livonia, Michigan, as the date, time and place for conducting
a hearing on said Application
CR 99-01 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, April 2, 2001, at 7 00
p m at the City Hall, 33000 Civic Center Drive, Livonia, Michigan,
with respect to the following items
(1) Petition 00-10-1-19, submitted by the City Planning
Commission, pursuant to Council Resolution 744-00, for a
change of zoning of property located on Loveland Avenue
between Curtis Road and Clarita Avenue in the Northwest
1/4 of Section 10, from R-3 to R-4, the City Planning
Commission in its resolution01-09-2001 having
recommended to the City Council that Petition 00-10-1-19 be
approved, and
(2) Petition 00-12-1-22, submitted by Masoud Shango, for a
change of zoning of property located on the south side of
Schoolcraft Road east of Merriman Road in the Northwest
1/4 of Section 26, from P and M-1 to C-3, the City Planning
Commission in its resolution 01-10-2001 having
recommended to the City Council that Petition 00-12-1-22 be
denied, and
(3) Petition 00-12-1-23, submitted by Leo Soave, for a change
of zoning of property located on the east side of Cross
Winds Road north of Six Mile Road in the Southwest 1/4 of
Section 11, from RUFC to R-3, the City Planning omission in
its resolution 01-11-2001 having recommended to the City
Council that Petition 00-12-1-23 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,
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cause to have a statement indicating the (a) nature of the proposed
amendments to the Zoning Ordinance, and/or (b) location of the
proposed changes 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 rult:
AYES Vandersloot, Walsh, Pastor, Duggan, Engebretson and
Brosnan
NAYS None
On a motion by Engebretson, seconded by Pastor, it was
WHEREAS, despite substantial investments by cities
across the state, and by Livonia in particular, in municipal sewer
systems, a number of problems remain to be resolved, including
water quality, overflowing of sewer systems into lakes and rivers
and backup of sewer systems into residential basements, and
WHEREAS, it is fiscally impossible for a municipality to construct a
sewer system which can handle the extreme rain event; and
WHEREAS, in Michigan two organizations were established by the
legislature to provide insurance coverage at a fair and cost effective
basis to Michigan Municipal Corporations, that is, the Michigan
Municipal League's Liability and Property Pool (MML Pool) and the
Michigan Municipal Risk Management Authority (MMRMA); and
WHEREAS, the MML has recently limited this sewer coverage to
only $75,000 annual aggregate, and MMRMA has limited Livonia's
sewer coverage to $500,000 annual aggregate for sewer backup
coverage, and
WHEREAS, the market for private insurance for sewer backups is
very expensive and provides only limited protection to
municipalities, and
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WHEREAS, the current state of the law assures that adequate
insurance protection will continue to be difficult or impossible to
purchase for a municipal corporation, and
WHEREAS, multi-million dollar class action lawsuits have become
commonplace across the State of Michigan, and
WHEREAS, the decision by the Michigan Court of Appeals in
CS&P. Inc. v City of Midland has significantly altered the prior
standard applied in determining liability for sewer backups by
making an exception to governmental immunity based on the legal
principle of trespass nuisance, and
WHEREAS, municipalities are now being held to strict liability
standards even when a rain event can be classified as an "Act of
God" and a municipality has attempted to repair the system or
improve the system
NOW, THEREFORE, BE IT RESOLVED that the Council does
hereby refer this subject matter to the Water and Sewer Board for a
report and recommendation
A roll call vote was taken on the foregoing resolution with the following result:
AYES Engebretson and Brosnan
NAYS Vandersloot, Walsh, Pastor and Duggan
The President declared the resolution failed
On a motion by Duggan, seconded by Walsh, it was
CR 100-01 WHEREAS, despite substantial investments by cities
across the state, and by Livonia in particular, in municipal sewer
systems, a number of problems remain to be resolved, including
water quality, overflowing of sewer systems into lakes and rivers
and backup of sewer systems into residential basements, and
WHEREAS, it is fiscally impossible for a municipality to construct a
sewer system which can handle the extreme rain event; and
WHEREAS, in Michigan two organizations were established by the
legislature to provide insurance coverage at a fair and cost effective
32812
basis to Michigan Municipal Corporations, that is, the Michigan
Municipal League's Liability and Property Pool (MML Pool) and the
Michigan Municipal Risk Management Authority (MMRMA), and
WHEREAS, the MML has recently limited this sewer coverage to
only $75,000 annual aggregate, and MMRMA has limited Livonia's
sewer coverage to $500,000 annual aggregate for sewer backup
coverage, and
WHEREAS, the market for private insurance for sewer backups is
very expensive and provides only limited protection to
municipalities, and
WHEREAS, the current state of the law assures that adequate
insurance protection will continue to be difficult or impossible to
purchase for a municipal corporation, and
WHEREAS, multi-million dollar class action lawsuits have become
commonplace across the State of Michigan, and
WHEREAS, the decision by the Michigan Court of Appeals in
CS&P, Inc. v City of Midland has significantly altered the prior
standard applied in determining liability for sewer backups by
making an exception to governmental immunity based on the legal
principle of trespass nuisance, and
WHEREAS, municipalities are now being held to strict liability
standards even when a rain event can be classified as an "Act of
God" and a municipality has attempted to repair the system or
improve the system
NOW, THEREFORE, BE IT RESOLVED that the City of Livonia
requests legislative relief which will restore governmental immunity
to municipalities for sewer backups and flooding by amending the
Michigan Governmental Immunity Act, MCL 691 1401, et seq ,
MSA 3 996(101), et seq , and/or adopt legislation to limit municipal
liability for sewer backups and flooding
BE IT FURTHER RESOLVED that a copy of this resolution be sent
to Governor John Engler, State Senator Thaddeus McCotter, State
Senator Laura M Toy, State Representative John Stewart, County
Executive Edward McNamara, Wayne County Commissioner Phil
Cavanagh, and neighboring communities
A roll call vote was taken on the foregoing resolution with the following result:
AYES Vandersloot, Walsh, Pastor and Duggan
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NAYS Engebretson and Brosnan
The President declared the resolution duly adopted
irr
A communication from the Department of Community Resources,
received in the Office of the City Clerk on January 26, 2001, re an overview of
the Livonia Community Transit Program, and requests to increase the fare from
$2 00 to $3 00 as well as approve the purchase of a new vehicle, was received
and placed on file for the information of the Council (CR 917-98)
On a motion by Vandersloot, seconded by Pastor, and unanimously
adopted, it was
CR 101-01 RESOLVED, that having considered the report and
recommendation of the Finance, Insurance and Budget Committee,
dated January 31, 2001, submitted pursuant to Council Resolution
917-98, and the report and recommendation of the Director of
Community Resources, dated November 23, 1998, which bears the
signature of the Director of Finance and is approved for submission
by the Mayor, submitted pursuant to Council Resolution 97-98,
concerning the subject of a local bus transportation system for the
City of Livonia, the Council does hereby authorize an appropriation
and expenditure in the amount of$15,000 00 from the Unexpended
Fund Balance of the Community Transit Fund (218) for the City's
share of the cost of purchasing one (1) new vehicle from SMART
under its 80/20 program and for one retired bus from SMART in the
amount of $1 00 for use in connection with the Livonia Community
Transit Program, FURTHER, the Council does hereby authorize
such purchase without competitive bidding in accordance with the
provisions set forth in Section 3 04 140D4 of the Livonia Code of
Ordinances, as amended
On a motion by Vandersloot, seconded by Engebretson, and
unanimously adopted, it was
CR 102-01 RESOLVED, that having considered the report and
recommendation of the Finance, Insurance and Budget Committee,
dated January 31, 2001, submitted pursuant to Council Resolution
917-98, the Council does hereby refer the subject of developing a
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long-term financial plan to make the Livonia Community Transit
System self-sufficient, to the Mayor for a report and recommenda-
Ltion, FURTHER, the Council does hereby direct that this item shall
remain in the Finance, Insurance and Budget Committee for further
consideration
Councilmember Duggan took from the table, for second
reading and adoption, the following Ordinance
AN ORDINANCE AMENDING SECTIONS 030, 050,
070, 080, 090, 100, 120 AND 130 OF TITLE 13,
CHAPTER 21 (WASTEWATER DISCHARGE
CONTROL ORDINANCE) OF THE LIVONIA CODE
OF ORDINANCES, AS AMENDED
A roll call vote was taken on the foregoing Ordinance with the following result:
AYES Vandersloot, Walsh, Pastor, Duggan, Engebretson and
Brosnan
NAYS None
The President declared the foregoing Ordinance duly adopted, and would
become effective on publication
Councilmember Duggan took from the table, for second
reading and adoption, the following Ordinance
AN ORDINANCE AMENDING SECTION 230, 460,
AND 560 OF TITLE 13, CHAPTER 36 (MUNICIPAL
REFUSE DISPOSAL SYSTEM) OF THE LIVONIA
CODE OF ORDINANCES, AS AMENDED
A roll call vote was taken on the foregoing Ordinance with the following result:
AYES Vandersloot, Walsh, Pastor, Duggan, Engebretson and
Brosnan
NAYS None
The President declared the foregoing Ordinance duly adopted, and would
become effective on publication
REVISED CR #
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On a motion by Engebretson, seconded by Walsh, and
unanimously adopted, it was
CR 103-01 RESOLVED, that having considered a communication
from the City Planning Commission, dated January 17, 2001, which
transmits its resolution 1-06-2001 adopted on January 16, 2001,
requesting approval of the revised Landscape Plan in connection
with Petition 00-11-8-18 submitted by Keifer Investments, LLC to
construct an office building on property located at 18338
Farmington Road in the Northwest 1/ 4 of Section 10, the Council
does hereby concur in the recommendation of the Planning
Commission, and the Landscape Plan in connection with Petition
00-11-8-18 is hereby approved and granted, subject to the following
conditions
1 That the Landscape Plan marked Sheet L-1 1, dated
December 15, 2000, as revised, prepared by AZD
Associates and received by the Planning Commission on
January 3, 2001, is hereby approved and shall be adhered
to,
2 That the petitioner's request for the permanent substitution
of the protective wall along the east property line with a
landscaped greenbelt is hereby approved,
3 That a protective wall shall be installed on the north property
line pursuant to Section 18 45 of the Zoning Ordinance, and
the brick utilized for this wall shall match the brick on the
office building,
4 That in the case there is any change of circumstances in the
area containing the greenbelt resulting in a diminution of the
greenbelt's effectiveness as a protective barrier, the owner
of the property shall be required to construct the protective
wall pursuant to Section 18 45,
5 That all other conditions and requirements as set forth in
Council Resolution 910-00 shall be adhered to, and
6 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
Councilmember Duggan left the podium at 8 30 p m due to a conflict of interest.
On a motion by Pastor, seconded by Walsh, and unanimously
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adopted, it was
CR 104-01 RESOLVED, that having considered a
communication from the City Planning Commission, dated
er. January 17, 2001, which transmits its resolution 01-01-2001,
adopted on January 16, 2001, with regard to Petition 00-12-
8-20 submitted by Leo Soave, requesting Master Deed,
bylaws and site plan approval in connection with a proposal
to construct the Morlock Site Condominiums on property
located on the south side of Morlock Road between Parkville
Avenue and Maplewood Avenue at 28911 Morlock Road in
the Northwest 1/4 of Section 1, pursuant to the provisions
set forth in Section 18 62 of Ordinance No 543, as
amended, the Council does hereby concur in the
recommendation of the Planning Commission and Petition
00-12-8-20 is hereby approved and granted, subject to the
following conditions
1 That the Master Deed complies with the requirement of the
Subdivision Control Ordinance, Title 16, Chapter 16 04-
16 40 of the Livonia Code of Ordinances, and Article XX of
Ordinance No 543, Section 20 01-20 06 of Zoning
Ordinance No 543, except for the fact the following shall be
incorporated that the first floor of each condominium unit
shall be brick or stone, on all four sides, and the total
amount of brick or stone on each two-story unit shall not be
less than 65% and not less than 80% on one-story
dwellings,
2 That the brick used in the construction of each
condominium unit shall be full face four (4") inch brick, no
exceptions,
3 That the Site Plan marked Sheet 2 dated January 2, 2001,
prepared by Arpee/Donnan, Inc., is hereby approved and
shall be adhered to,
4 That the Site Plan referenced in this approving resolution
shall be submitted to the Inspection Department at the time
the building permits are applied for; and
5 That the minimum requirements as set forth in Section
16 24 220 of the Livonia Code of Ordinances are hereby
waived in order to allow for the installation of a dry well in
lieu of a storm sewer, subject to the review and approval of
the City of Livonia Engineering Division
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Councilmember Duggan returned to the podium at 8 31 p m
On a motion by Duggan, seconded by Pastor, and unanimously
i., adopted, it was.
CR 105-01 RESOLVED, that having considered a communication
from the City Planning Commission, dated January 24, 2001, which
transmits its resolution 01-03-2001 adopted on January 16, 2001,
with regard to Petition 01-1-8-1 submitted by University Park, LLC,
requesting site plan approval in connection with a proposal to
construct an office building on property located at 36650 Five Mile
Road in the Southwest 1/4 of Section 17, 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 01-1-8-1 is hereby approved and granted,
subject to the following conditions.
1 That the Site Plan marked Sheet 1 dated January 15, 2001,
as revised, prepared by Joseph Philips - Architect, is hereby
approved and shall be adhered to,
2 That the Landscape Plan marked Sheet L-1 dated January
15, 2001, as revised, prepared by Mark J Baldwin &
Associates, is hereby approved and shall be adhered to,
3 That all disturbed lawn areas shall be sodded in lieu of
hydroseeding,
4 That underground sprinklers are to be provided for all new
landscaped and sodded areas, and all planted materials
shall be installed to the satisfaction of the Inspection
Department and thereafter permanently maintained in a
healthy condition,
5 That the Exterior Building Elevation Plans marked Sheet 3
dated January 15, 2001, as revised, prepared by Joseph
Philips - Architect, is hereby approved and shall be adhered
to,
6 That the brick used in the construction of the building shall
be full face four (4") inch brick, no exception,
7 That the three walls of the trash compactor area shall be
constructed out of the same material as the protective wall
and the three walls, along with the protective wall itself, shall
be stained the same color as the brick used in the
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construction of the building, and the enclosure gates shall be
closed at all times,
8 That the entire parking lot shall be double striped,
low
9 That all light standards shall be shielded from the adjacent
properties and shall not exceed twenty (20') feet in height;
10 That the petitioner shall correct to the Fire Department's
satisfaction the following site deficiencies as outlined in the
correspondence dated December 7, 2000
- That the subject building shall be provided with an
automatic sprinkler system,
- That a hydrant shall be located between 50 feet and
100 feet from the Fire Department Connection (FDC),
11 That no signs, either freestanding or wall mounted, are
approved with this petition,
12 That the specific plans referenced in this approving
resolution shall be submitted to the Inspection Department
13 at the time the building permits are applied for; and
That the items referenced in the Inspection Department
report dated January 11, 2001, and in the Public Safety
report of December 15, 2000, shall be addressed
A communication from the Planning Department, dated February
14, 2001, re height of existing wall at the rear of property located at 36650 Five
Mile Road, as well as the heights of the walls on the two adjacent commercial
properties, was received and placed on file for the information of the Council
(Petition 01-1-8-1
Joe Obidzinski, a representative from the architectural firm of Joseph Phillips,
921 Wing, Plymouth, 48070, was present at the meeting and answered questions
of the Council relative to the location of a compactor at 36650 Five Mile Road
(Petition 01-1-8-1)
Councilmember Vandersloot gave first reading to the following Ordinance
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AN ORDINANCE AMENDING SECTION 290 OF
CHAPTER 04 (DOGS) OF TITLE 6 OF THE LIVONIA
CODE OF ORDINANCES, AS AMENDED
A.. The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in
the Office of the City Clerk and is the same as if word for word repeated herein
The above Ordinance was placed on the table for consideration at the next
regular meeting
Councilmember Vandersloot gave first reading to the following Ordinance
AN ORDINANCE AMENDING SECTION 210 OF
CHAPTER 06 (CATS) OF TITLE 6 OF THE LIVONIA
CODE OF ORDINANCES, AS AMENDED
The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in
the Office of the City Clerk and is the same as if word for word repeated herein
The above Ordinance was placed on the table for consideration at the next
regular meeting
On a motion by Engebretson, seconded by Walsh, and
unanimously adopted, it was
CR 106-01 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 Engebretson, seconded by Duggan, it was
CR 107-01 RESOLVED, that having considered a communication
from the Department of Law, dated February 16, 2001, approved
for submission by the Mayor, the Council does hereby, by a two-
thirds roll call vote in accordance with Sections 7(1) and 8(d) of the
Open Meetings Act, direct that a closed Committee of the Whole
meeting be held Wednesday, February 28, 2001 at 6.00 p m for
the purpose of discussing a real estate acquisition and sale
A roll call vote was taken on the foregoing resolution with the following result:
32820
AYES Vandersloot, Walsh, Pastor, Duggan, Engebretson and
Brosnan
NAYS None
The President declared the resolution duly adopted
On a motion by Duggan, seconded by Pastor, it was
CR 108-01 RESOLVED, that having considered a communication
from the Department of Law, dated February 16, 2001, approved
for submission by the Mayor, the Council does hereby, by a two-
thirds roll call vote in accordance with Section 7(1) of the Open
Meetings Act, direct that a closed Committee of the Whole meeting
be held Tuesday, March 13, 2001, at 7.00 p m , for the purposes of
discussing contract negotiations with various represented employee
units
A roll call vote was taken on the foregoing resolution with the following result:
AYES Vandersloot, Walsh, Pastor, Duggan, Engebretson and
Brosnan
NAYS None
The President declared the resolution duly adopted
On a motion by Pastor, seconded by Walsh, and unanimously
adopted, it was
CR 109-01 RESOLVED, that having considered a communication
from the Department of Law, dated February 20, 2001, which bears
the signatures of the Director of Finance and the Superintendent of
Parks and Recreation, and is approved for submission by the
Mayor, to which is attached a proposed contract for professional
golf services at the Whispering Willows, Idyl Wyld, and Fox Creek
Golf Courses between the City of Livonia and Tom Welsh and
T J W , Inc., for a period commencing March 5, 2001 and
terminating November 30, 2003, with an option to extend the
contract for two (2) one-year periods at the end of the first year and
at the end of the second year, 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
32821
Yvonne Lillibridge, 11263 Stark Road, Livonia, MI 48150, an employee of the
City of Livonia and President of Union Local 192, spoke to the Council, and
expressed the concerns of Union personnel regarding their opposition to the
agreement between the City and the proposed Contract for Golf Services with
T J W Inc., and stated that it is the opinion of the Union that this matter should
receive further study and review
During the audience communication portion of the agenda, Mayor
Kirksey announced that a meeting of the Highway Transportation Commission
was being held in Lansing on Thursday, February 22, 2001, and a that a bus
would be leaving at 7 00 a m to take officials and residents to this meeting so
they could share their views and concerns with their legislators regarding the
noises issues surrounding the 1-275 expressway
On a motion by Duggan, seconded by Engebretson, and
unanimously adopted, it was
CR 110-01 RESOLVED, that the Council does hereby refer the
question of the legality of the pipeline signs along Merriman Road
to the Law Department for a report and recommendation, including
a report regarding new technology that may render the signs
obsolete
John McFetters, 33118 Broadmoor Court, Livonia, 48154, spoke to the Council
and asked that the Councilmembers speak more directly in the microphones or
investigate alternative microphones because he has a problem hearing them on
the televised meetings of the Council
Councilmember Engebretson sent "Get Well" wishes to Karen Szymula, Director
of Legislative Affairs, following her knee surgery
On a motion by Duggan, seconded by Pastor, and unanimously
adopted, this 1,435th Regular Meeting of the Council of the City of Livonia was
adjourned at 9 30 p m , February 21, 2001
Joan cCotter, City Clerk