HomeMy WebLinkAboutCOUNCIL MINUTES 2000-12-20 32708
MINUTES OF THE ONE THOUSAND FOUR HUNDRED THIRTY-FIRST
REGULAR MEETING OF DECEMBER 20, 2000
On December 20, 2000, 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 Councilmember Walsh delivered the invocation
Roll was called with the following result: John Walsh, John Pastor, Brian
Duggan, Joe Laura, Jack Engebretson, Val I Vandersloot, and Maureen Miller Brosnan
Absent: None
Elected and appointed officials present: Robert Schron, City Engineer;
Mark Taormina, City Planner; Sean Kavanagh, City Attorney; Joan McCotter, City Clerk,
Linda McCann, Director of Community Resources, Barbara Lewis, City Librarian,
Jeanne Treff, Administrative Assistant — Cable TV Division, and Ian Wilshaw, Traffic
Commission
On a motion by Duggan, seconded by Pastor, and unanimously
adopted, it was
CR 897-00 RESOLVED, that the minutes of the 1 ,430th Regular Meeting
of the Council held December 11, 2000 are hereby approved as
submitted
During audience communication, Councilmember Pastor wished Phil
Haggerty a "Happy Birthday" He also thanked his daughter for making the Christmas
Tree that decorated the Council table
Councilmember Vandersloot wished her father a Happy 85th Birthday
Council President Brosnan wished her daughter, Marie, a Happy 6th Birthday
Councilmember Engebretson wished a Happy Birthday to his son, John, who will
celebrate his special day on December 25
On a motion by Duggan, seconded by Pastor, it was
32709
CR 898-00 RESOLVED, that having considered a communication from
Ralph E Williams, dated December 4, 2000, requesting the City to adopt
an ordinance to ban the sale, manufacture or distribution of mercury
thermometers in Livonia, the Council does hereby refer the subject of
current national and state laws regarding mercury thermometers and the
feasibility of enforcing an ordinance banning the sale, manufacture and
distribution of mercury thermometers within the City, as well as providing
medical information on mercury, to the Administration for its report and
recommendation
CR 899-00 RESOLVED, that having considered a communication from
Ralph E Williams, dated December 4, 2000, requesting the City to adopt
an ordinance to ban the sale, manufacture or distribution of mercury
thermometers in Livonia, the Council does hereby refer this matter to the
Legislative Committee for its report and recommendation
CR 900-00 RESOLVED, that having considered a communication from
Ralph E Williams, dated December 4, 2000, with regard to a proposed
amendment to the Livonia Code of Ordinances, as amended, the Council
does hereby refer the matter of banning the sale, manufacture and
distribution of mercury thermometers to the Department of Law to prepare
an appropriate ordinance amendment similar to the ordinance adopted by
the City of Ann Arbor for submission to Council
CR 901-00 RESOLVED, that having considered a communication dated
December 1, 2000, from Frank J Kokenakes, Brashear, Tangora,
Gallagher, Creighton and Amann, LLP, on behalf of James and Cynthia
Morphew, La Moore Photography, requesting that the City consider
amending Article IX, Sections 9 02 and 9 03 of the Zoning Ordinance, to
allow the operation of photographic studios as a waiver use in OS districts,
the Council does, in accordance with Section 23 01 (A) of Zoning
Ordinance 543, hereby request that the City Planning Commission
conduct a Public Hearing and thereafter submit its report and
recommendation on the question of whether Article IX, Sections 9 02 and
9 03 of Zoning Ordinance 543, should be amended to allow the operation
of photographic studios as a waiver use in OS districts
BROWN FIELD PLAN
Site Identification Livonia Industrial Center- Farmer Jack/A&P
Fresh/Frozen Food Distribution Center
dated December 4, 2000
City of Livonia (the "Community")
Wayne County Brownfield Zone, Wayne County, Michigan
Pursuant to and in accordance with the provisions of Act 381
of the Public Acts of the State of Michigan of 1996, as amended
32710
CR 902-00 WHEREAS, the Wayne County Brownfield Redevelopment
Authority (the "Authority"), pursuant to and in accordance with the
provisions of the Brownfield Redevelopment Financing Act, being Act 381
of the Public Acts of the State of Michigan of 1996, as amended (the
"Act"), has prepared a Brownfield Plan (the "Plan") pursuant to and in
accordance with Section 13 of the Act, to be carried out within a Wayne
County Brownfield Redevelopment Zone (the "Zone") approved by the
Community; and
WHEREAS, as a result of its review of the Plan, the City Council of the
City of Livonia desires to proceed with approval of the Plan
NOW, THEREFORE, BE IT RESOLVED THAT
1 Findings The City of Livonia makes the following determinations
and findings
A. The Plan constitutes a public purpose under the Act,
B The Plan meets all of the requirements for a Brownfield Plan set
forth in Section 13 of the Act,
C The proposed method of financing the costs of the eligible
activities by Ashley Livonia South, LLC, as described in the
Plan, is feasible since the Authority is not required to arrange
any financing,
D The costs of the eligible activities proposed in the Plan are
reasonable and necessary to carry out the purposes of the Act,
and
E Since no taxable value will be captured as a result of adoption
of the Plan, it is reasonable
2 Plan Approved Pursuant to the authority vested in the Community
by the Act, and pursuant to and in accordance with the provisions
of Section 14 of the Act, the City Council of the City of Livonia
concurs with the approval of the Brownfield Plan for Livonia
Industrial Center - Farmer Jack/A&P, Fresh/Frozen Food
Distribution Center dated December 4, 2000, in the form attached
to this resolution
3 Severability Should any section, clause or phrase of this
Resolution be declared by any Courts to be invalid, the same shall
not affect the validity of this Resolution as a whole nor any part
thereof other than the part so declared to be invalid
CR 903-00 RESOLVED, that having considered the report and
recommendation of the Director of Finance, dated November 21, 2000,
approved for submission by the Mayor, wherein it is recommended that
32711
the City participate in the Tri-County Purchasing Cooperative bid process
for natural gas, the Council does hereby approve the City's participation in
the Tri-County Cooperative bid process for natural gas, FURTHER, the
Council does hereby authorize the City of Troy to accept the low bid for
natural gas on behalf of the City of Livonia for the period commencing
April 1, 2001 through March 31, 2002
CR 904-00 RESOLVED, that having considered the report and
recommendation of the Director of Community Resources, dated
November 22, 2000, which bears the signature of the Director of Finance,
is approved by the City Attorney and approved for submission by the
Mayor, and to which is attached a Specialized Services Operating
Assistance Program Third-Party Contract between the City of Livonia and
Suburban Mobility Authority for Regional Transportation (SMART) for the
period October 1, 2000, through September 30, 2001, the Council does
hereby authorize the expenditure of the Specialized Services Grant in the
amount of $16,454 00 for the Livonia Community Transit Program,
FURTHER, the Council does hereby authorize the Mayor and City Clerk,
for and on behalf of the City of Livonia, to execute the said Agreement
with SMART for support of this Specialized Services (Lift-Equipped)
Transportation Program, provided that the Agreement is approved as to
form by the Department of Law
A communication from the Inspection Department, dated November 28,
2000, re Administrative Response — condition of the shopping center at Eight Mile and
Grand River — was received and placed on file for the information of the Council (CR
739-00)
CR 905-00 RESOLVED, that having considered the report and
recommendation of the Public Utility Manager and the Director of Public
Works, dated November 30, 2000, which bears the signature of the
Director of Finance and is approved for submission by the Mayor,
regarding additional work required in connection with the Roof Renovation
Project at Police Headquarters and Fire Station Nos 5 and 6, previously
authorized in Council Resolution 740-00, adopted on October 11, 2000,
the Council does hereby approve the Final Change Order submitted by C
Davis Roofing, Inc , 6539 Burroughs, Sterling Heights, Michigan 48314,
and does hereby appropriate and authorize an expenditure in the
additional amount of $15,302 00 from the Unexpended Fund Balance of
the Capital Improvement Fund No 401 for this purpose
CR 906-00 RESOLVED, that having considered the report and
recommendation of the City Engineer, dated November 17, 2000,
32712
approved for submission by the Mayor, submitted pursuant to Council
Resolutions 497-00 and 275-00, regarding a drainage complaint from Mr
Joseph Charnawskas, 36927 Munger, the Council does hereby refer the
subject of the current drainage condition at this location to the Engineering
Division for its report and recommendation
CR 907-00 RESOLVED, that having considered the report and
recommendation of the City Engineer and the Director of Public Works,
dated November 16, 2000, approved for submission by the Mayor, the
Council does hereby authorize the release to William L. Roskelly, 33177
Schoolcraft, Livonia, Michigan 48150, the proprietor of Camborne Pines
Subdivision, located in the northwest 1/4 of Section 13, of the financial
assurances previously deposited pursuant to Council Resolution 303-94,
adopted on April 27, 1994, and subsequently amended by Council
Resolution 65-95, adopted on January 30, 1995, specifically
a) General Improvement Bond $3,500 00 ($2,000 00 minimum cash),
b) Grading and Soil Erosion Control $3,000 00 (all cash), and
c) Entrance Markers $7,500 00 ($2,000 00 minimum cash),
and the action herein being taken is for the reasons indicated in the
aforementioned report of the City Engineer that all these improvements
have been satisfactorily installed in accordance with the rules and
regulations and ordinances of the City of Livonia
CR 908-00 RESOLVED, that having considered a communication from
the Department of Law, dated November 20, 2000, which bears the
signature of the Director of Finance and is approved for submission by the
Mayor, submitted pursuant to Council Resolution 627-00, to which is
attached a copy of the appraisal obtained regarding the City-owned
property located at 19323 and 19337 Farmington Road (the former Fire
Station No 3 site, Tax Item No 016-99-0019-000, and the adjacent
residential parcel to the south, Tax Item No 016-99-0020-000,
respectively), the Council does hereby request that, in accordance with
Council Resolution 300-88, the city-owned property located at 19323 and
19337 Farmington Road be posted with a "For Sale" sign for 30 days prior
to taking bids, and that the Director of Finance (with the assistance of the
Department of Law) prepare specifications and obtain competitive bids
with a minimum purchase price of $500,000 00 accompanied by a deposit
in the form of a money order or certified check, which is equal to five
percent of the bid price or $25,000 00, whichever is greater, and in the
event of a default, the deposit is subject to forfeiture as liquidated
damages, and that all competitive bids shall thereafter be submitted to
Council for its consideration
CR 909-00 RESOLVED, that having considered the request of
Councilmember Joe Laura, the Council does hereby refer the subject of
32713
the history of waivers for seating and parking at Fat Willy's and the
Wintergarden Tavern, located at the northeast corner of Seven Mile and
Farmington Roads, to the Department of Law for its report and
recommendation to be submitted to Council within 90 days (Pet. 00-2-2-5)
(Pet. 00-6-8-9)
CR 910-00 RESOLVED, that having considered a communication from
the City Planning Commission, dated November 27, 2000, which transmits
its resolution 11-201-2000 adopted on November 21, 2000, with regard to
Petition 00-11-8-18, submitted by Keifer Investments, LLC, requesting site
plan approval in connection with a proposal to construct an office building
on property located at 18338 Farmington Road in the Northwest 1/4 of
Section 10, 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 00-11-8-18 is
hereby approved and granted, subject to the following conditions
1 That the Site Plan marked Sheet SP-1 1 dated November 21, 2000,
as revised, prepared by AZD Associates Architects, is hereby
approved and shall be adhered to
2 That the Landscape Plan marked Sheet L-1 1 dated October 21,
2000, as revised, prepared by AZD Associates Architects, 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 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 a Certificate of Occupancy shall not be issued until the matter
of whether a protective wall or a landscaped greenbelt should be
required is resolved to the satisfaction of the Planning Commission,
6 That the Exterior Building Elevation Plan marked Sheet A-2 1 dated
November 21, 2000, as revised, prepared by AZD Associates
Architects, is hereby approved and shall be adhered to, except for
the fact that the east elevation shall have the same band of brick
along its upper portion similar to the other three elevations, and that
the petitioner will work with the City Engineering Division and
Inspection Department to design a wall to best meet the drainage
needs of the neighbors,
32714
7 That the brick used in the construction shall be full-face four (4")
inch brick, no exceptions,
8 That the three walls of the trash dumpster area shall be constructed
out of the same brick used in the construction of the building, and
the enclosure gates shall be maintained and, when not in use,
closed at all times,
9 That all light standards shall be shielded from the adjacent
properties and shall not exceed 20 ft. in height;
10 That all parking spaces shall be double striped,
11 That the grading of this property shall be to the satisfaction of the
Engineering Division,
12 That no signs, either freestanding or wall-mounted, are approved
with this petition, and
13 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
CR 911-00 RESOLVED, that having considered a communication from
the City Planning Commission, dated November 27, 2000, which transmits
its resolution 11-201-2000 adopted on November 21, 2000, with regard to
Petition 00-11-8-18, submitted by Keifer Investments, LLC, requesting site
plan approval in connection with a proposal to construct an office building
on property located at 18338 Farmington Road in the Northwest 1/4 of
Section 10, pursuant to the provisions set forth in Section 18 58 of
Ordinance No 543, as amended, the Council does hereby refer the
subject of the substitution of the protective wall with a landscaped
greenbelt on this property to the Planning Commission for its report and
recommendation
CR 912-00 RESOLVED, that having considered a communication from
the City Planning Commission, dated November 27, 2000, which transmits
its resolution 11-202-2000 adopted on November 21, 2000, with regard to
Petition 00-11-8-19, submitted by Trinity Continuing Care Services,
requesting site plan approval in connection with a proposal to construct
additions to and enclose the walkway of the Ryan Homes-Villa Marie
senior housing development located at 15131 Newburgh Road in the
Northeast 1/4 of Section 19, 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 00-11-8-
19 is hereby approved and granted, subject to the following conditions
32715
1 That the Site Plan marked Sheet Al 1 dated November 3, 2000,
prepared by Edmund London & Associates, Inc., is hereby
approved and shall be adhered to,
2 That all disturbed lawn areas shall be sodded in lieu of
hydroseeding,
3 That the Exterior Building Elevation Plans marked Sheets A4 1,
A4 2 and A4 3, each dated November 3, 2000, prepared by
Edmund London & Associates, Inc., are hereby approved and shall
be adhered to,
4 That the brick used in the construction shall be full-face four (4")
inch brick, no exceptions,
5 That the specific plans referenced in this approving resolution shall
be submitted to the Inspection Department at the time the building
permits are applied for; and
6 That hard surface pads or patios shall be added at each of the exit
doors to the activity rooms
CR 913-00 RESOLVED, that having considered a communication from
Council President Maureen Miller Brosnan, dated November 30, 2000, the
Council does hereby refer the matter of the Sign Ordinance as it relates to
changeable copy to the Legislative Committee for its report and
recommendation
CR 914-00 RESOLVED, that having considered a communication
from the City Attorney, dated December 11, 2000, which bears the
signature of the Director of Finance 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 three-year contract, commencing December 1, 2000 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
A roll call vote was taken on the foregoing resolutions with the following result:
AYES Walsh, Pastor, Duggan, Laura, Engebretson, Vandersloot and
Brosnan
L
32716
NAYS None
On a motion by Laura, seconded by Duggan, and unanimously adopted, it
was
CR 915-00 RESOLVED, that having considered the report and
recommendation of the Committee of the Whole, dated December 4,
2000, submitted pursuant to Council Resolution 114-98, and a
communication from the Chairperson of the Cable Television Commission,
dated January 16, 1998, approved by the Director of Community
Resources and approved for submission by the Mayor, transmitting a copy
of Resolution 260-97 adopted by the Cable Commission on January 8,
1998, and to which is attached a copy of the Technical Audit of the Time
Warner Cable System performed by Rice, Williams Associates, the
Council does hereby determine to take no further action with respect to
this matter
On a motion by Duggan, seconded by Engebretson, and unanimously
adopted, it was.
CR 916-00 RESOLVED, that having considered the report and
recommendation of the Committee of the Whole, dated December 4,
2000, submitted pursuant to Council Resolution 469-98, regarding the
extension of the term of the existing cable television franchise, the Council
does hereby determine to take no further action with respect to this matter
On a motion by Engebretson, seconded by Duggan, and unanimously
adopted, it was
CR 917-00 RESOLVED, that having considered the report and
recommendation of the Committee of the Whole, dated December 4,
2000, submitted pursuant to Council Resolution 203-98, and a request
from Councilmember John Pastor regarding the matter of the feasibility of
building a municipal ice arena and soccer fields on property at
Greenmead, the Council does hereby refer the subject of the municipal ice
arena construction to the Capital Improvement Committee for its report
and recommendation
On a motion by Engebretson, seconded by Duggan, and unanimously
adopted, it was
32717
CR 918-00 RESOLVED, that having considered the report and
recommendation of the Committee of the Whole, dated December 4,
2000, submitted pursuant to Council Resolution 203-98, and a request
tiro from Councilmember John Pastor regarding the mailer of the feasibility of
building a municipal ice arena and soccer fields on property at
Greenmead, the Council does hereby refer the subject of soccer fields at
Greenmead to the Capital Improvement Committee for its report and
recommendation
On a motion by Engebretson, seconded by Duggan, and unanimously
adopted, it was
CR 919-00 RESOLVED, that having considered the report and
recommendation of the Committee of the Whole, dated December 4,
2000, submitted pursuant to Council Resolution 203-98, and a request
from Councilmember John Pastor regarding the matter of the feasibility of
building a municipal ice arena and soccer fields on property at
Greenmead, the Council does hereby determine to take no further action
with respect to this matter
On a motion by Pastor, seconded by Walsh, and unanimously adopted, it
was
CR 920-00 RESOLVED, that having considered the report and
recommendation of the Committee of the Whole, dated December 4,
2000, submitted pursuant to Council Resolution 534-99, and a
communication from the Mayor, dated July 19, 1999, to which is attached
a report from Plante & Moran, LLP, dated June, 1999, regarding the City's
progress in implementing recommendations previously made by Plante &
Moran regarding the operation of the Treasurer's Office, the Council does
hereby determine to take no further action with respect to this matter
Councilmember Duggan left the podium at 8 13 p m due to a conflict of interest.
On a motion by Engebretson, seconded by Pastor, and unanimously
adopted, it was
CR 921-00 RESOLVED, that having considered a communication from
the City Planning Commission, dated November 27, 2000, which transmits
its resolution 11-200-2000 adopted on November 21, 2000, with regard to
Petition 00-10-8-17, submitted by Michael Soave Homes, on behalf of
Garden Grove Condominiums, requesting site plan approval in connection
with a proposal to construct a condominium development on property
32718
located at 28974 Five Mile Road in the Southwest 1/4 of Section 13,
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 00-10-8-17 is hereby approved and
granted, subject to the following conditions
1 That the Site Plan marked Sheet 1 dated October 25, 2000,
prepared by Arpee/Donnan, Inc , is hereby approved and shall be
adhered to,
2 That the existing driveway off Five Mile Road shall be removed, the
opening along the roadway shall be curbed, and the evacuated
area shall be filled and sodded,
3 That the Landscape Plan marked Sheet 1 dated October 24, 2000,
prepared by Arpee/Donnan, Inc , is hereby approved and shall be
adhered to,
4 That all disturbed lawn areas shall be sodded in lieu of
hydroseeding,
5 That underground sprinklers are to be provided for all landscaped
and sodded areas, and all planted materials shall be installed to the
satisfaction of the Inspection Department and thereafter
`w permanently maintained in a healthy condition,
6 That the Exterior Building Elevation Plan submitted by Michael
Soave Homes, Inc , as received by the Planning Commission on
November 2, 2000, is hereby approved and shall be adhered to
provided that the brick shall extend to the bottom of the second
floor on all four (4) sides,
7 That the brick used in the construction shall be full-face four (4")
inch brick, no exceptions,
8 That the grading of this site shall be to the satisfaction of the
Engineering Division, and
9 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 returned to the podium at 8 14 p m
On a motion by Pastor, seconded by Walsh, and unanimously adopted, it
32719
was
CR 922-00 RESOLVED, that having considered a communication from
the City Planning Commission, dated August 3, 2000, which sets forth its
resolution 7-141-2000 adopted on July 25, 2000, with regard to Petition
00-5-1-9, submitted by J & S Evangelista Development Company, for a
change of zoning of property located on the west side of Farmington Road
between Orangelawn Avenue and Plymouth Road, in the Northeast 1/4 of
Section 33, from RUF to OS, and the Council having conducted a public
hearing with regard to this matter on Wednesday, November 15, 2000,
pursuant to Council Resolution 733-00, the Council does hereby approve
Petition 00-5-1-9, as amended, so as to exclude the west 50' of the
subject property from the rezoning, which property shall be included in a
conservation easement by voluntary agreement of the petitioner to the
City, for preparation of the ordinance for submission to council, and the
City Planner is hereby instructed to cause the necessary map for
publication to be prepared indicating the zoning change herein approved
and to furnish the same to the Department of Law and, upon receipt of
such map, the Department of Law is requested to prepare an ordinance
amending Ordinance 543, as amended, in accordance with this resolution
Khanh Pham, 7071 Orchard Lake Road, West Bloomfield, Michigan, representative for
the Evangelistas, was present at the meeting to answer questions of the Council
Jim Kurkowski, 33660 Angeline Ct., Livonia, spoke in approval of Petition 00-5-1-9, as
amended, which includes a screening buffer, and presented letters of support from
other residents of the neighborhood
On a motion by Walsh, seconded by Engebretson, it was
RESOLVED, that having considered a communication from
the Director of Public Works and the City Engineer, dated October 2,
'2000, approved for submission by the Mayor, with regard to a
Telecommunications Permit Application submitted by MCI Metro Access
Transmission Services, L L C , and the Council having conducted a public
hearing with regard to this matter on Monday, November 27, 2000,
pursuant to Council Resolution 770-00, the Council does hereby approve
said application and does hereby grant a Telecommunications Permit to
MCI Metro Access Transmission Services, L.L.0 , subject to the following
conditions
1 That permittee shall submit engineering plans showing all existing
features and the exact proposed location for buried cable within any
public right-of-way under the jurisdiction of the City of Livonia prior
to the issuance of a construction permit,
32720
2 That appropriate construction bonds in amounts established by the
City Engineer shall be posted prior to issuance of a construction
permit;
3 That permitee shall pay the annual fees set forth in Council
Resolution 283-00 for use of the public rights-of-way;
4 That the permittee shall install its facilities utilizing an alternate
route depicted on the "Proposed Fiber Build" map (including the
areas outlined in purple and purple/white) attached to the
permittee's December 4, 2000, letter to the City; and
4 That all cables shall be installed underground along Plymouth Road
and at all other locations along the proposed route where there are
no existing overhead facilities
Councilmember Engebretson withdrew his support from the foregoing resolution
Councilmember Walsh withdrew his motion for the foregoing resolution
On a motion by Walsh, seconded by Engebretson, it was
CR 923-00 RESOLVED, that having considered a communication from
the Director of Public Works and the City Engineer, dated October 2,
2000, approved for submission by the Mayor, with regard to a
Telecommunications Permit Application submitted by MCI Metro Access
Transmission Services, L L C , and the Council having conducted a public
hearing with regard to this matter on Monday, November 27, 2000,
pursuant to Council Resolution 770-00, the Council does hereby approve
said application and does hereby grant a Telecommunications Permit to
MCI Metro Access Transmission Services, L L C , subject to the following
conditions
1 That permittee shall submit engineering plans showing all existing
features and the exact proposed location for buried cable within any
public right-of-way under the jurisdiction of the City of Livonia prior
to the issuance of a construction permit;
2 That appropriate construction bonds in amounts established by the
City Engineer shall be posted prior to issuance of a construction
permit;
3 That permittee shall pay the annual fees set forth in Council
Resolution 283-00 for use of the public rights-of-way;
4 That the permittee shall install its facilities in accordance with the
areas outlined in red and red/white depicted on the "Proposed Fiber
32721
Build" map attached to the permittee's December 4, 2000, letter to
the City; and
5 That all cables shall be installed underground along Plymouth Road
and at all other locations along the proposed route where there are
no existing overhead facilities
A roll call vote was taken on the foregoing resolution with the following result:
AYES Walsh, Pastor, Duggan, Laura, Engebretson and Vendersloot
NAYS Brosnan
The President declared the resolution duly adopted
A communication from the Plymouth Road Development Authority , dated
December 14, 2000, recommending non-support for either of the two routes proposed
by MCI Metro Access Transmission Services to place cable along major roads in the
City of Livonia, was received and placed on file for the information of the Council (CR
770-00)
Mike Cowles, representative from MCI Metro Access, was present at the
meeting to answer questions of the Council
On a motion by Duggan, seconded by Pastor, and unanimously adopted,
it was.
CR 924-00 RESOLVED, that having considered a communication from
the City Librarian, dated December 5, 2000, which bears the signature of
the Director of Finance and is approved for submission by the Mayor, the
Council does, for and on behalf of the City of Livonia, accept various gifts
and cash donations, in the total amount of $60,310 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 $42,740 00 to Account No 702-000-
285-271 for the purposes as designated by the donors
On a motion by Duggan, seconded by Pastor, and unanimously
adopted, it was.
32722
CR 925-00 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 Laura, and unanimously adopted, it
was
CR 926-00 WHEREAS, pursuant to Act No 198 of the Public Acts of
1974, as amended, this Council has the authority to establish industrial
development districts within the boundaries of the City of Livonia, and
WHEREAS, a proposal was made regarding the establishment of an
industrial development district encompassing land situated in the City of
Livonia and comprised of an area of approximately 12 72 acres lying in the
North 112 of Section 6, more particularly described in Exhibit A, attached
hereto and incorporated by reference herein, which area is hereinafter
referred to as "City of Livonia Industrial Development District No 83," and
WHEREAS, written notice has been given by certified mail to Ernst &
Young, LLP, on behalf of Quicken Loans, Inc and Victor Parkway
Associates, LLC, of the Council's pending action on this resolution and of
its right to a hearing on the establishment of proposed City of Livonia
Industrial Development District No 83, and
WHEREAS, notice has been given to all interested owners, residents and
taxpayers in the Livonia area of a public hearing on the establishment of
the proposed City of Livonia Industrial Development District No 83, and
WHEREAS, on Monday, December 18, 2000, a public hearing was held
on the establishment of proposed City of Livonia Industrial Development
District No 83, at which time Ernst & Young, LLP, on behalf of Quicken
Loans, Inc. and Victor Parkway Associates, LLC, and other taxpayers and
residents of the City of Livonia had an opportunity to be heard (a copy of
the statements both written and oral made at such hearing being on file
with this City Council), and a representative of Ernst & Young, LLP, on
behalf of Quicken Loans, Inc and Victor Parkway Associates, LLC,
attended said hearing and acknowledged receipt of notice of such hearing
on behalf of the said corporation,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
LIVONIA, AS FOLLOWS
1 An Industrial Development District is hereby established, such
district to consist of the area described in Exhibit A, attached
hereto
32723
2 Such Industrial Development District is hereby designated as the
"City of Livonia Industrial Development District No 83 "
EXHIBIT A
Part of the North 1/2 of Section 6, Town 1 South, Range 9 East,
City of Livonia, Wayne County, Michigan, described as
commencing at the south 'A corner of Section 6, Town 1 South,
Range 9 East; thence along the south line of Section 6, North 88 °
03'03" East 791 00 feet; thence North 01° 56'57" West 100 00
feet; thence along the easterly right-of-way line of the 1-275/1-96
freeway the following nine (9) courses, one (1) north 46° 56'57"
West 176 78 feet, two (2) North 01°56'57"West 182 04 feet, three
(3) North 28 ° 18'53" West 214 08 feet, four (4) North 54° 41'00"
West 521.20 feet, five (5) North 45 ° 10'07" West 245 79 feet, six
(6) North 26° 08'28" West 245 79 feet, seven (7) North 16°35'10"
West 369 12 feet, eight (8) along a non-tangential curve concave
to the west, radius 5963 58 feet, central angle 12° 58'58", chord
bears North 24°26'51" West 1348 40 feet, an arc distance of
1351 29 feet, and nine (9) North 32°16'00" West 83 45 feet to the
point of beginning, thence continuing along the easterly right-of-
way line of the 1-275/1-96 freeway the following three (3) courses,
one (1) North 32°16'00" West 650 00 feet, two (2) North 23°39'05"
West 271 68 feet, and three (3) North 09°05'07" West 95 60 feet;
thence along the boundary of "Livonia Hills Estates Sub " As
recorded in Liber 81 of Plats, page 92 and 93, Wayne County
Records, the following three (3) courses, one (1) North 87°26'08"
East 269 01 feet, two (2) South 08°10'24" East 12 20 feet, three
(3) North 88°17'56" East, 546 50 feet; thence South 01°37'24"
East, 847 53 feet; thence South 80°29'52" West 374 79 feet to the
point of beginning, contains 12 72 acres Subject to easements
and restrictions of record
On a motion by Duggan, seconded by Vandersloot, and unanimously
adopted, it was
CR 927-00 WHEREAS, the City Clerk has received an Application for
Industrial Facilities Exemption Certificate from Quicken Loans, Inc , dated
December 15, 2000, covering new industrial facilities to be located within
City of Livonia Industrial Development District 83,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
LIVONIA THAT IT DETERMINES AS FOLLOWS
I The City Clerk shall provide copies of the said Application to the
legislative bodies of the governmental units deriving property taxes
32724
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 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, January 29, 2001, at 7 00 p m at
the Livonia City Hall, 33000 Civic Center Drive, Livonia, Michigan
3 The Council hereby sets Monday, January 29, 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
During audience communication, Councilmember Pastor wished
everyone a safe and happy holiday
Council President Brosnan thanked the Cable Channel 8 staff for their efforts in
televising the Council meetings all year round
On a motion by Engebretson, seconded by Duggan, and unanimously
adopted, this 1,431 st Regular Meeting of the Council of the City of Livonia was
adjourned at 8 44 p m , December 20, 2000
�o n McCotter, City Clerk