HomeMy WebLinkAboutCOUNCIL MINUTES 1998-03-11 30821
MINUTES OF THE ONE THOUSAND THREE HUNDRED AND SIXTY-FOURTH
REGULAR MEETING OF THE COUNCIL OF THE CITY OF LIVONIA
On March 11, 1998, 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 Vandersloot delivered the invocation
Roll was called with the following result: Val I Vandersloot, John R.
Pastor, Brian Duggan, Joe Laura, Maureen Miller Brosnan, John J Walsh, and Jack
Engebretson. Absent: None
Elected and appointed officials present: Jack E Kirksey, Mayor; John
Nagy, City Planner; Robert J Schron, City Engineer; Sean P Kavanagh, City Attorney;
Joan McCotter, City Clerk; Karen A. Szymula, Director of Legislative Affairs, John
Fegan, Director of Inspection, James Inglis, Director of Housing, Linda McCann,
Director of Community Resources, Robert J Beckley, Director of Public Works, Laura
M Toy, City Treasurer; Mary Rutan, Personnel Director; and Alden A. Sawyer, Director
of Emergency Preparedness
On a motion by Duggan, seconded by Brosnan, and unanimously
adopted, it was.
#161-98 RESOLVED, that the minutes of the 1,363rd Regular
Meeting of the Council of the City of Livonia, held February 25, 1998, are
hereby approved as submitted
There was no audience communication at the beginning of the meeting
City Clerk McCotter reported on the results of the Special Election, held
March 10, 1998, to fill the vacancy in the 9th County Commissioner District.
On a motion by Vandersloot, seconded by Duggan, it was
#162-98 RESOLVED, that the Council does hereby amend and
revise Council Resolution 146-98 so as to have the same read as follows
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RESOLVED, that having considered the report and
recommendation of the Streets, Roads and Plats Committee, dated
February 3, 1998, submitted pursuant to Council Resolution 711-95,
regarding the matter of the installation of sidewalks in connection with the
development of a child care center on property located at 36475 Five Mile
Road (St. Mary Hospital) and the matter of street lights and pedestrian
walk lights at the intersection of Five Mile and Levan Roads, the Council
does hereby amend and revise Council Resolution 525-96, as amended
in CR 145-98, so as to have the same read as follows
RESOLVED, that having considered the report and
recommendation of the Streets, Roads and Plats Committee, dated
May 14, 1996, submitted pursuant to Council Resolution 792-95, in
connection with the report and recommendation of the City
Engineer, dated October 13, 1995, approved for submission by the
Mayor, to which is attached a letter from Richard L. Hodges,
Engineer of Traffic Operations, Wayne County Division of Roads,
dated July 6, 1994, and having considered the necessity for
installation of pedestrian indicators and traffic signal modernization
at the intersection of Five Mile and Levan Roads, the Council does
hereby approve and authorize the said installation of pedestrian
indicators and traffic control modernization and does hereby
request that the County of Wayne begin redesign plans for this
intersection, FURTHER, the Council does hereby approve of the
City assuming 50% of the cost of such modernization at this
intersection, and for this purpose, does hereby appropriate and
authorize the expenditure of a sum not to exceed $20,000 00 from
the Michigan Transportation Fund (Major Road Account), and the
Mayor and City Clerk are hereby authorized to execute a contract
for and on behalf of the City of Livonia for such work, and the City
Clerk is requested to send a certified copy of this resolution to the
Wayne County Department of Public Services, Division of Roads,
PROVIDED, FURTHER, that the Council does hereby amend and
revise Council Resolution 800-94 so as to provide that the
construction of public sidewalk along the west side of Levan to the
first driveway south, shall be constructed on or before July 1, 1998;
and the balance of Council Resolution 800-94 shall remain in full
force and effect; FURTHER, the Engineering Division is requested
to submit a report on the progress of this matter for review at the
first Regular Meeting of the Council in July of 1998.
A roll call vote was taken on the foregoing resolution with the following result:
AYES Vandersloot, Pastor, Duggan, Brosnan, Walsh, and Engebretson.
NAYS Laura.
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The President declared the resolution adopted
The President relinquished the Chair to the Vice President at 8 05 p m to address the
subject matter of Millennium Park.
On a motion by Engebretson, seconded by Laura, and unanimously
adopted, it was.
#163-98 RESOLVED, that the Council does hereby refer the subject
matter of Millennium Park to the Committee of the Whole for its report and
recommendation.
On a motion by Engebretson, seconded by Brosnan, and unanimously
adopted, it was.
#164-98 RESOLVED, that the Council does hereby refer the subject
matter of the area surrounding Ladbroke DRC to the Planning
Commission for consideration of including that area in a new control zone
The President resumed the Chair at 8 07 p m.
A communication from the Engineering Division, dated March 4, 1998, re
status of the Hillcrest Court Development Project, at Five Mile and Spanich Court, on
the east side of Kroger was received and placed on file for the information of the
Council
Communications from the Engineering Division, dated March 4 and March
5, 1998, re status of the Pines of Winfield/Sheffield Estates Subdivisions were
received and placed on file for the information of the Council
A communication from the Department of Law, dated March 2, 1998, re
administrative response to CR 658-97 - Ordinance procedures to ensure satisfactory
completion of subdivisions - was received and placed on file for the information of the
Council
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At the direction of the Chair, Item #1 was removed from the Consent
portion of the Agenda
A communication from the Engineering Division, dated March 5, 1998, re
forwarding a revised list for the proposed 1998 Sidewalk Repair Program was received
and placed on file for the information of the Council (Consent Agenda Item #11)
On a motion by Vandersloot, seconded by Duggan, it was
#165-98 RESOLVED, that having considered a letter from the
Michigan Liquor Control Commission, dated October 28, 1997, and the
report and recommendation of the Chief of Police, dated February 11,
1998, in connection therewith, the Council does hereby recommend
approval of the request from J Alexander's Restaurants, Inc. (a
Tennessee Corporation) for a new Outdoor Service Permit to be held in
conjunction with 1997 Class C licensed business with Official Permit
(Food) located at 19200 Haggerty, 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
#166-98 RESOLVED, that having considered a communication from
the Director of Community Resources and the Chairperson of the
Historical Commission, dated February 11, 1998, approved for
submission by the Mayor, to which is attached a letter from William F
Neary, President of the St. Andrew's Society of Detroit, requesting
permission to hold the 149th and 150th Annual Highland Games on
Saturday, August 1, 1998, and Saturday, August 7, 1999, at Greenmead,
the Council does hereby grant permission as requested, the action taken
herein being subject to the following conditions
1 That the St. Andrew's Society of Detroit and all equipment
operators shall provide the City of Livonia with appropriate
insurance policies naming the City of Livonia as additional insured
with liability coverage of$1 million, and all certificates of insurance
shall be submitted to the Department of Law for approval by the
City prior to the event;
2 That the St. Andrew's Society of Detroit and any vendors involved
in the sale of beer or wine on Greenmead property shall provide
the City of Livonia with an insurance policy naming the City of
Livonia as additional insured with liquor liability coverage in the
amount of$1 million, such certificate to be submitted to the
Department of Law for approval by the City prior to the event;
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3 That the St. Andrew's Society of Detroit shall execute a hold
harmless agreement in favor of the City of Livonia in a manner and
form acceptable to the Department of Law;
4 That all vendors must obtain transient merchant licenses from the
City of Livonia prior to the event, and all necessary licenses and
permits from state and county agencies prior to the event; and
5 That the St. Andrew's Society of Detroit shall pay the event fee and
the Police fee as stated on the City of Livonia Fees/Waivers IV
Category Grid as established in Council Resolution 371-93,
adopted on May 5, 1993,
FURTHER, the Council does hereby approve the proposed fee schedule
calculated on a sliding scale based on attendance as set forth in the
attachment to the aforementioned correspondence from the St. Andrew's
Society of Detroit for use of the property; FURTHER, the Council does
hereby reserve the right to review and modify the proposed fee schedule
in 1999 if recommended by the Department of Community Resources
#167-98 RESOLVED, that having considered the report and
recommendation of the Director of Finance, dated February 18, 1998,
approved for submission by the Mayor, to which is attached
recommended final budget adjustments for Fiscal Year 1997, the Council
does hereby authorize the said budget adjustments in the manner and
form herein submitted
#168-98 RESOLVED, that having considered the report and
recommendation of the Director of Finance, dated February 18, 1998,
approved for submission by the Mayor, submitted pursuant to Council
Resolution 1019-97,,and which submits a competitive bid received in
connection with the sale of City-owned property located at 36730 Seven
Mile Road, more particularly described as
Part of the Southwest 1/4 of Section 5, T 1 S , R. 9 E., beginning
at a point distant South 89°14'30" East, 1,893 13 feet and North
0°22'00" East, 60 00 feet from the Southwest 1/4 corner of Section
5, thence proceeding North 0°22'00" East, 78 00 feet; thence
South 89°14'30" East, 55 00 feet; thence South 38°53'10" East,
72 70 feet; thence South 0°22'00" West, 22 02 feet, thence North
89°14'30" West, 101 00 feet to the point of beginning, together with
a 15 foot easement running along the west line of the above
described property, which easement may be used by the grantee,
its heirs, administers, successors and assigns for the purposes of
ingress and egress to the above described property The center
line of said easement being described as beginning at the
southwest corner of Section 5, thence South 89°14'30" East along
the south line of said Section 5, 1,885 63 feet to a point; thence
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north 0°2200" East, 33 feet to a point; said point being the north
right-of-way line of Seven Mile Road and the Point of Beginning of
said center line, thence North 0°22'0" East, 105 feet. This
easement is not an exclusive easement for said grantee, but may
also be used by the grantors and other persons for the purpose of
having access to the land located to the north of the above-
described parcel Tax Identification Number 019-99-0016-003
the Council does hereby accept the bid and authorize the sale of the
aforesaid City-owned property to Fadi Daouk and Sam Baki, 39500
Orchard Hill Place, Suite 130, Novi, Michigan 48375, for a total purchase
price of$1,500 00, which sale is conditioned upon the purchaser
providing such title work as may be required for this transaction and the
demolition of the house on this site as set forth on the bid, the action
herein being taken in order to best serve the interests of the community;
and the Mayor and City Clerk are hereby authorized, for and on behalf of
the City of Livonia, to execute a Quit Claim Deed and such other
documents as may be necessary or incidental to fulfill the purpose of this
resolution, and the Department of Law is hereby requested to prepare
and place in proper form such legal documents as may be necessary to
consummate this transaction, FURTHER, the Council does hereby direct
that the proceeds from the sale of this property be used to reimburse a
portion of the $117,500 00 authorized to be expended from proceeds of
the sale of the $12 Million General Obligation Road Improvement Bond
Issue pursuant to Council Resolution 883-97
#169-98 RESOLVED, that having considered the report and
recommendation of the Director of Finance, dated February 18, 1998,
approved for submission by the Mayor, submitted pursuant to Council
Resolution 1004-97, and which submits a competitive bid received in
connection with the sale of City-owned property located on the north side
of Seven Mile Road immediately west of and adjacent to Glenda's Farm
Market, more particularly described as
That part of the South 1/2 of Section 5, T 1 S , R. 9 E., City of
Livonia, Wayne County, Michigan, described as beginning at a
point distant N 0°14'0" East, 60 feet and N 89°14'30" West, 43
feet from the South 1/4 corner of Section 5, proceeding thence N
0°14'0" East, 336 feet; thence South 89°14'30" East, 208 feet;
thence South 0°14'0" West, 336 feet; thence N 89°14'30" West,
208 feet to the point of beginning. (Tax Id. No 020-99-0002-002),
the Council does hereby accept the bid and authorize the sale of the
aforesaid City-owned property to Fadi Daouk and Sam Baki, 39500
Orchard Hill Place, Suite 130, Novi, Michigan 48375, for a total purchase
price of$176,100 00, which sale is conditioned upon the purchase
providing such title work as may be required for this transaction, the
action herein being taken in order to best serve the interests of the
30827
community; and the Mayor and City Clerk are hereby authorized, for and
on behalf of the City of Livonia, to execute a Quit Claim Deed and such
other documents as may be necessary or incidental to fulfill the purpose
of this resolution, and the Department of Law is hereby requested to
prepare and place in proper form such legal documents as may be
necessary to consummate this transaction, FURTHER, the Council does
hereby direct that the proceeds from the sale of this property be deposited
in the Fire Station Construction Fund (457) for use in construction of the
new fire station.
#170-98 RESOLVED, that having considered a communication from
the Department of Law, dated February 12, 1998, submitted pursuant to
Council Resolution 976-97, transmitting for Council acceptance a
Warranty Deed, dated February 9, 1998, executed by Florence J
Moorhead conveying to the City certain property described as follows.
The South 60 feet of the following parcel of land.
Part of the Southwest 1/4 of Section 4, T 1 S , R. 9 E , beginning
North 89°57'40" West 797 56 feet from the South 1/4 corner of
Section 4, thence North 00°11'07" East 330 feet, thence North
89°57'40" West 165, thence South 00°11'07" West 330 feet,
thence South 89°57'40" East 165 feet to the POB 1 25 acre
(34730 Seven Mile Road, Tax ID No 015-99-0018-001)
the Council does hereby, for and in behalf of the City of Livonia, accept
the aforesaid Warranty Deed, and the City Clerk is hereby requested to
have the same recorded in the Office of the Register of Deeds and to do
all other things necessary or incidental to fulfill the purpose of this
resolution, and FURTHER, that the Mayor and City Clerk are authorized
to execute a Quit Claim Deed conveying the above-described property to
the County of Wayne in a form to be approved by the Department of Law
#171-98 RESOLVED, that having considered a communication from
the Department of Law, dated February 13, 1998, transmitting for Council
acceptance a Public Use Deed, more particularly described as follows.
Public Use Deed, executed by Department of Natural Resources for the
State of Michigan to the City of Livonia for the property described as
follows
City of Livonia, Town 01 South Range 09 East, Section 08 Beg S
89d 44m lOs W 517 75 ft from NE 1/4 Sec 8 proc S 00d 16m 30s E
559 92 ft th along cur rad 275 39 ft cen angle 45d OOm OOs an arc
dis 216 29 ft ch bears 22d 13m 31s w 210 78 ft cur left rad 215 39
ft cen angle E 45d OOm OOs arc dis 169 17 ft ch bears S 22d 13m
31s W 164 85 ft th S 00d 16m 30s E 5 01 ft th S 89d 44m lOs W
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60 0 ft th N 00d 16m 30s W 5 0 ft th along cur to right rad 275 39 ft
cen angle E 45d 00m 00s arc dis 216 29 ft ch
Tax Parcel Number 46-029-99-0003-002
the Council does hereby, for and in behalf of the City of Livonia, accept
the aforesaid Public Use Deed, and the City Clerk is hereby requested to
do all things necessary or incidental to fulfill the purpose of this
resolution
#172-98 RESOLVED, that having considered a communication from
the Department of Law, dated February 12, 1998, which bears the
signature of the Director of Finance and is approved for submission by
the Mayor, the Council does hereby determine to issue to Jerry Knoppow
and Sharon Knoppow a replacement of their lost deed, dated December
14, 1989, for property located at 33917 Plymouth, more particularly
described as follows
Situated in the City of Livonia, Wayne County, Michigan, described
as
That part of the Northeast 1/4 of Section 33, Town 1 South, Range
9 East, described as beginning at a point on the North line of
Section 33, distant due East 1115 0 feet from the North 1/4 corner
of Section 33 and proceeding thence due East along said line 100
feet; thence South 0 degrees 56 minutes East 598 01 feet; thence
South 83 degrees 07 minutes 30 seconds West 100 53 feet;
thence North 0 degrees 56 minutes West 610 01 feet to the point
of beginning, excepting however that part conveyed to Richard L.
Schaak described as that part of the Northeast 1/4 of Section 33,
Town 1 South, Range 9 East, City of Livonia, Wayne County,
Michigan, described as Beginning at a point on the North line of
Section 33 distant due East 1115 0 feet from the North 1/4 corner
of Section 33 and proceeding thence due East along said line 100
feet; thence South 0 degrees 56 minutes East 284 5 feet; thence
due West 100 feet, thence North 0 degrees 56 minutes West 284 5
feet to the point of beginning Subject to a twelve foot easement
for ingress and egress over and across the Westerly 12 feet of the
above described property, and except the North 33 feet taken for
roadway purposes (Tax Parcel 129-99-0002-002)
33917 Plymouth Road
and the Department of Law is hereby requested to prepare and place in
proper form such legal documents as may be necessary to consummate
this transaction, and FURTHER, that the Mayor and City Clerk, for and
on behalf of the City of Livonia, are authorized to execute a Quit Claim
Deed and such other documents as may be necessary to fulfill the
purpose of this resolution.
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#173-98 RESOLVED, that having considered the report and
recommendation of the City Engineer, dated February 2, 1998, approved
by the Director of Public Works and approved for submission by the
Mayor, regarding construction of new sidewalks in the City of Livonia
pursuant to the Eight Mile Road Reconstruction Project from Newburgh
Road to Farmington Road at the locations and in the amounts indicated in
the attachment to the aforesaid communication, which work was done
pursuant to Council Resolutions 993-96 and 39-97, and in accordance
with the provisions of Section 12 04 340 of Chapter 4 of Title 12 of the
Livonia Code of Ordinances, as amended, the City Treasurer is hereby
directed to send a statement of charges to all property owners in the
amounts listed above in accordance with Section 3 08 150 of Title 3,
Chapter 8 of the Livonia Code of Ordinances, as amended, and the
Council does hereby establish the evening of Wednesday, May 20, 1998,
at 8 00 p m. at the Livonia City Hall, 33000 Civic Center Drive, Livonia,
Michigan, as the time and place when the Council shall meet for the
purpose of adopting a resolution placing a special assessment upon said
property for such charges unless the same are paid prior to the date of
such meeting, and the City Clerk and City Treasurer are hereby
requested to do all things necessary or incidental to the full performance
of this resolution.
#174-98 RESOLVED, that having considered the report and
recommendation of the City Engineer, dated February 10, 1998, which
bears the signature of the Director of Finance, is approved by the Director
of Public Works and approved for submission by the Mayor, to which is
attached a memorandum from the Superintendent of Public Service dated
January 29, 1998, the Council does hereby authorize a Change Order in
the amount of $5,900 00 to Contract 97-R payable to Detroit Concrete
Products, 4900 McCarthy Drive, Milford, Michigan 48381, for constructing
a heavy-duty roadway across the Idyl Wyld Golf Course parking lot in
connection with the Idyl Wyld Parking Lot Reconstruction Project,
previously authorized in Council Resolution 18-98, for the reasons
indicated in the aforementioned report and recommendation, FURTHER,
the Council does hereby appropriate and authorize the expenditure of a
sum not to exceed $5,900 00 from Account No 401-000-974-050 (Capital
Projects) for this purpose
#175-98 RESOLVED, that having considered the report and
recommendation of the City Engineer, dated February 18, 1998, approved
by the Director of Public Works and approved for submission by the
Mayor, as well as an updated report and recommendation of the City
Engineer, dated March 5, 1998, approved for submission by the Mayor, to
which is attached a list of sidewalks requiring installation or replacement
within miscellaneous locations throughout the City of Livonia, said list
being included herein by reference, and for the reasons stated, the
Council does hereby require the respective owners of lots and premises
referred to in said list to install or remove and replace sidewalk at such
30830
premises, and the City Clerk is hereby required to do all things necessary
to carry out the provisions of this resolution which is made pursuant to
Title 12, Section 340 of the Livonia Code of Ordinances, as amended;
FURTHER, said notice shall set forth that the respective owners of lots
and premises herein referred to shall complete said sidewalk work no
later than June 1, 1998, after which date the Engineering Division shall
arrange for the construction and/or reconstruction of said sidewalks,
FURTHER, the Council does hereby authorize the construction and/or
reconstruction of various sections of sidewalks and crosswalks at several
locations within the City inasmuch as the same are the City's
responsibility; and FURTHER, the Engineering Division is hereby
authorized to finalize plans and specifications for the taking of bids for the
1998 Sidewalk Program, which program will include all required work that
has not been completed by private property owners by June 1, 1998
#176-98 RESOLVED, that having considered a communication from
the City Planning Commission, dated February 11, 1998, which transmits
its resolution 2-16-98 adopted on February 10, 1998, with regard to
Petition 98-1-8-1 submitted by Danny Veri, requesting site plan approval
in connection with a proposal to construct a cluster housing development
(Kingston Village Condominium) on property located at 9350 Newburgh
Road in the Southwest 1/4 of Section 32, 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 98-1-8-1 is hereby approved and granted, subject to the
following conditions
1 That the Site Plan marked Sheet 1, prepared by Arpee/Donnan,
Inc., as received by the Planning Commission on December 1,
1997, is hereby approved and shall be adhered to,
2 That the Exterior Building Elevation Plans marked Plan 1759,
Sheet 1 & 2, and Plan 1906, Sheet 2, as received by the Planning
Commission on December 1, 1997, are hereby approved and shall
be adhered to,
3 That a fully detailed Landscape Plan including the berm areas shall
be submitted to the Planning Commission and City Council for their
review and approval,
4 That the petitioner shall meet to the satisfaction of the Fire
Department the following requirements as outlined in the
correspondence dated February 6, 1998
• That a site hydrant with a minimum flow of 1,000 gallons at a
residual pressure of 20 lbs shall be required,
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• That Blake Drive shall be increased to a width of 26 feet to
allow for the required 18 foot fire lane, and
5 That five (5) additional parking spaces shall be provided between
the east elevation of unit nine and Blake Drive, and these parking
spaces shall be landscaped so that they are adequately screened.
#177-98 RESOLVED, that having considered a communication from
the Department of Law, dated February 27, 1998, which bears the
signature of the Director of Finance and is approved for submission by
the Mayor, the Council does hereby authorize the Department of Law to
acquire property located at 34700 Seven Mile Road, owned by Gilberto G.
Rufino, Sr , Mary Rufino, his wife, and Gilberto Rufino, Jr , their son, more
particularly described as follows:
The South 60 feet of the following parcel
Part of the Southwest 1/4 of Section 4, T 1 S , R. 9 E , described
as commencing at the South 1/4 corner of Section 4, thence along
the South line South 89°59'37" South 701 56 feet to POB thence
South 89°59'37" West 96 0 feet, thence North 00°10'55" East
330 0 feet to the South line of Bicentennial Sub L99 P77-80,
thence along.South line North 89°59'37" East 96 0 feet, thence
South 00°10'55" West 330 0 feet to POB 7273 ac more or less.
Subject to easements and restrictions of record. Tax Id. No 015-
99-0019-002 (34700 Seven Mile Road)
subject to the following conditions
1 That the purchase price shall be in the sum of $2,592.00;
2 That the City of Livonia shall pay for the cost of title work and any
prorated city, county, county drain, school and community college
taxes and assessments, as well as any other closing costs, in a
sum not to exceed $750 00;
BE IT FURTHER RESOLVED, that a sum not to exceed $3,342.00 is
hereby authorized to be expended from proceeds of the sale of the $12
Million General Obligation Road Improvement Bond Issue approved by
the electorate in 1989 for the acquisition of said Seven Mile Road right-of-
way; and the Department of Law is hereby requested to prepare and
place in proper form such legal documents as may be necessary to
consummate this transaction, and the City Clerk is hereby requested to
have the same recorded in the Office of the Register of Deeds and to do
all other things necessary or incidental to fulfill the purpose of this
resolution, and FURTHER, that the Mayor and City Clerk are authorized
to execute a Quit Claim Deed conveying the above-described property to
the County of Wayne in a form to be approved by the Department of Law
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#178-98 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 20, 1998, at 7 00 p m at the City Hall, 33000 Civic Center Drive,
Livonia, Michigan, with respect to the following items
(1) Petition 98-1-6-1, submitted by the City Planning Commission,
pursuant to Section 23 01(a) of Ordinance No 543, as amended,
and Council Resolution 769-97, to determine whether or not to
amend Section 18 47 of the Zoning Ordinance to create a new
control zone in the area of the intersection of Plymouth and
Farmington Roads, the City Planning Commission in its resolution
2-28-98 having recommended to the City Council that Petition 98-
1-6-1 be approved, and
(2) Petition 98-2-1-1, submitted by Leland Bittinger, for a change of
zoning of property located on the south side of Five Mile Road
between Fairfield and Brookfield Avenue in the Northwest 1/4 of
Section 22, from R-7 to R-1, the City Planning Commission in its
resolution 2-25-98 having recommended to the City Council that
Petition 98-2-1-1 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 amendments to the
Zoning Ordinance, and/or (b) locations 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 requested to do all other things necessary or incidental to the full
performance of this resolution
#179-98 RESOLVED, that having considered a communication from
John J Doyle, Doyle Group Attorneys, P C , dated February 25, 1998,
which in accordance with the provisions of Section 19 08 of Ordinance
543, as amended, the Zoning Ordinance, takes an appeal from a
determination made on February 24, 1998, by the City Planning
Commission in its resolution 2-27-98 with regard to Petition 98-1-2-2
submitted by Rite Aid of Michigan requesting waiver use approval to
utilize an SDD license and an SDM license for a store located on the
southeast corner of Eight Mile and Merriman Roads in the Northwest 1/4
30833
of Section 2, which property is zoned C-2, the Council does hereby
designate Wednesday, April 15, 1998, at 7 00 p m. as the date and time
for conducting a public hearing with regard to this matter, 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 Ordinance 543,
as amended, the Zoning Ordinance of the City of Livonia.
#180-98 RESOLVED, that having considered a communication from
Richard Shaye, President, My Place (Just for Kids), dated February 25,
1998, which in accordance with the provisions of Section 19 08 of
Ordinance 543, as amended, the Zoning Ordinance, takes an appeal from
a determination made on February 24, 1998, by the City Planning
Commission in its resolution 2-31-98 with regard to Petition 98-2-2-3
submitted by My Place (Just for Kids) requesting waiver use approval to
operate a child care center in a retail shopping center located on the
south side of Five Mile Road between Newburgh Road and Blue Skies
Avenue in the Northeast 1/4 of Section 19, which property is zoned C-1,
the Council does hereby designate Wednesday, April 15, 1998, at 7 00
p m as the date and time for conducting a public hearing with regard to
this matter, 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 Ordinance 543, as amended, the Zoning Ordinance of the City of
Livonia.
A roll call vote was taken on the foregoing resolutions with the following result:
AYES Vandersloot, Pastor, Duggan, Laura, Brosnan, Walsh, and
Engebretson
NAYS None
A communication from the Planning Department, dated March 5, 1998, re
historical perspective on the construction of the industrial building by Behler-Young
Company at 11939 Merriman Road (complaint of Lorna Schaffer) was received and
placed on file for the information of the Council
30834
A communication from the Department of Law, dated December 17, 1997,
re administrative response to CR 923-97 - removal of public pay phones located near
the property at 13507 Middlebelt Road -was received and placed on file for the
information of the Council (Petition 97-6-8-17)
A communication from Buescher Frankenberg Associates, Inc., dated
February 11, 1998, re forwarding a color copy of the Landscape Plan and Sheets A2
and A3 of the Architectural Plans with respect to the appearance of the front of the
building was received and placed on file for the information of the Council (Petition
97-6-8-17)
Partial north and east elevations for the proposed Wal-Mart store,
submitted by Buescher Frankenberg Associates, Inc., date stamped February 17, 1998,
were received and placed on file for the information of the Council (Petition 97-6-8-17)
Petitions submitted signed by Livonia residents and neighboring
communities (totaling 558 signatures) in favor of approving the proposed plans for Wal-
Mart were received and placed on file for the information of the Council
A communication from Gayle W Caswell, 29930 Munger, dated March 6,
1998, re asking the Council to approve and welcome Wal-Mart to our City was
received and placed on file for the information of the Council
A communication from John and Virginia Pintal, 17310 Oporto, dated
March 6, 1998, re in favor of Wal-Mart coming to Livonia was received and placed on
file for the information of the Council
A communication from Buescher Frankenberg Associates, Inc., dated
March 10, 1998, re forwarding building elevation Option "A" and Option "B" for the
30835
proposed Wal-Mart store was received and placed on file for the information of the
Council
Communications from the Office of the Mayor, both dated March 9, 1998,
re responding to letters received from Richard Pytlak, 29829 Linda, and Leslie and
Joan Goings, 30155 Richland, indicating his support of the Wal-Mart store were
received and placed on file for the information of the Council
On a motion by Brosnan, seconded by Vandersloot, and unanimously
adopted, it was
#181-98 RESOLVED, that having considered the report and
recommendation of the Committee of the Whole, dated February 17,
1998, submitted pursuant to Council Resolution 1001-97, in connection
with Petition 97-6-8-17, submitted by Wal-Mart Stores, Inc., and the
subject of additional modifications to be made to the exterior of the
commercial building located at 13507 Middlebelt Road in the Northeast
1/4 of Section 26, the Council does hereby approve the revised elevation
plan (Option A) dated March 9, 1998, prepared by Buescher Frankenberg
Associates, Inc. in accordance with the proposed plan described by the
Planning Director on February 17, 1998, which final elevation plan shall
include a 12" coping (crown molding) which shall project outward 8" from
the building on the top end, which coping shall be on the east and north
elevations, and that the east elevation, which depicts a diamond-shaped
stone key above the Wal-Mart name, shall be colored "red"
Ray Frankenberg, on behalf of Wal-Mart Stores, Inc. - explained the changes made to
the building elevations with respect to "Option A"
Bill Moss, 19183 Augusta Drive - stated his concern that we are setting a precedent
and asking companies coming into Livonia to spend more than is necessary
On a motion by Brosnan, seconded by Pastor, and unanimously adopted,
it was
#182-98 RESOLVED, that having considered the report and
recommendation of the Committee of the Whole, dated February 23,
1998, submitted pursuant to Council Resolution 45-98, and a
communication from the Fire Chief, the Police Chief and the Director of
Emergency Preparedness, dated November 20, 1997, 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 Dodgen Industries,
30836
Inc., Highway 169 N , P 0 Box 39, Humboldt, Iowa 50548, for supplying
the City with a Command Post Vehicle for Fire, Police and Emergency
Preparedness operations, as well as Public Service Division operations, if
needed, in the amount of $66,520 00, the same having been in fact the
lowest bid received and meets all specifications
A communication from the Department of Public Safety, Livonia Fire &
Rescue, dated February 25, 1998, re future fire apparatus replacement plans was
received and placed on file for the information of the Council
A communication from the Department of Public Safety, Division of Police,
dated February 26, 1998, re associated communications cost for the proposed Mobile
Command Vehicle was received and placed on file for the information of the Council
A communication from the Office of the Mayor, dated March 4, 1998, re
the proposed purchase of a Mobile Command Vehicle was received and placed on file
for the information of the Council
Brosnan took from the table, for second reading and adoption, the
following Ordinance
AN ORDINANCE AMENDING CHAPTER 18 (PLYMOUTH ROAD
DEVELOPMENT AUTHORITY DEVELOPMENT PLAN AND TAX
INCREMENT FINANCING PLAN) OF TITLE 3 OF THE LIVONIA
CODE OF ORDINANCES, AS AMENDED
A roll call vote was taken on the foregoing Ordinance with the following result:
AYES Vandersloot, Pastor, Duggan, Laura, Brosnan, Walsh, and
Engebretson
NAYS None
The President declared the foregoing Ordinance duly adopted, and would become
effective on publication.
On a motion by Brosnan, seconded by Laura, and unanimously adopted,
it was.
30837
#183-98 RESOLVED, that the Council does hereby refer to the
Plymouth Road Development Authority the issues raised in the letter
received from Dr Carol Marston-Foucher, dated February 23, 1998, for its
report and recommendation
On a motion by Brosnan, seconded by Duggan, and unanimously
adopted, it was
#184-98 RESOLVED, that having considered a letter from the
Secretary of the Livonia Woodcarvers Club, dated February 13, 1998, in
connection with the 24th Annual Woodcarving Show to be conducted at
Eddie Edgar Arena on August 1 and 2, 1998, and which requests
permission to display temporary advertising signs from July 26 through
August 2, 1998, which signs will be displayed in the following locations
A double sign (24" wide x 48" high - tent style) at the southwest
corner of Five Mile and Farmington Roads,
A double sign (24" wide x 48" high - tent style) at the southeast
corner of Five Mile and Farmington Roads,
A 24" wide x 48" high double sign (hinged) at the southeast corner
of Schoolcraft and Farmington Roads,
A 24" wide x 48" high double sign (hinged) at the southeast corner
of Plymouth and Farmington Roads,
and permission to display lawn-type signs in the City of Livonia only to
advertise the chain saw carving competition event added to the show this
year, the Council does hereby approve and grant this request in the
manner and form herein submitted provided, however, that certificates of
insurance acceptable to the Department of Law be submitted in advance
of this event and that verification of approval of the insurance coverage
be submitted to Council by the Department of Law; FURTHER, the
Council does hereby determine that this request shall receive a Category
Ill application pursuant to the City of Livonia Fees/Waivers Four Category
Grid dated February 8, 1993, as established in Council Resolution 371-
93, adopted on May 5, 1993
On a motion by Vandersloot, seconded by Pastor, and unanimously
adopted, it was
#185-98 RESOLVED, that having considered a communication from
the City Assessor, dated February 26, 1998, approved for submission by
the Mayor, with regard to a request from Mr Richard E Jones and Mickey
M Jones, 8875 Deering, Livonia, Michigan 48150, and in accordance with
30838
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 combination of Tax Item Nos 46 144 01 0056 000 and 46 144
01 0059 000 into one parcel, the legal description of which shall read as
follows
Lots 56 and 59, Joy Road Cozy Homesites, a part of the West 1/2
of the Southeast 1/4 of Section 36, Town 1 South, Range 9 East,
Livonia Township (now City), Wayne County, Michigan Recorded
in Liber 69, Page 7 Plats, W C R.
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 to the
extent required by law and City ordinance, the action herein is made
subject to the approval of the Zoning Board of Appeals
On a motion by Pastor, seconded by Vandersloot, and unanimously
adopted, it was
#186-98 RESOLVED, that having considered the report and
recommendation of the Housing Director, dated February 19, 1998,
approved for submission by the Mayor, and which indicates that the
Housing Commission has recommended policy changes to the Admission
and Continued Occupancy Policy for the Newburgh Village and Silver
Village senior citizen housing developments as follows
Policy Change No. 1 -Annual Re-certification of Resident Income
(Sections IV, V and VI)
The Housing Commission will fully examine and document all household
income for the purpose of determining admission eligibility for Newburgh
Village and Silver Village Thereafter, no annual re-certification will take
place for the following reasons
A. Rents at Newburgh Village and Silver Village are not based on a
percentage of income Residents' rents are equal regardless of
income level which is not the case in federally-assisted housing
B The residents strongly resent the City's ongoing examination of
their personal finances
C The Housing Commission's annual re-certification of residents
income reveals that less than 2% of residents have income near
the maximum income limits for continued occupancy The vast
majority of residents have incomes well below the maximum,
30839
therefore, the Commission and residents believe the re-
examination process is intrusive and administratively burdensome
Policy Change No. 2 - Parents of Livonia Residents To Be Permissible
Applicants (Sections II and Ill)
The City of Livonia - Housing Commission would recognize parents of
Livonia residents as eligible applicants to Newburgh Village and Silver
Village Priority for admission and the waiting list would be managed as
follows
Livonia-resident senior citizens would always have priority for
admission to City facilities Livonia resident applicants currently on
the waiting list will be permitted to refuse three (3) offers to lease
an apartment. If the applicant fails to accept any of the three
offers, their name will be placed on an inactive waiting list. They
will remain on the inactive list for a minimum period of six months.
They may then advise the Housing Commission that they wish to
be placed back on the active waiting list, always retaining their
original application date If they fail to accept the next offer after
coming off the inactive list, their name will be removed from the
waiting list entirely They will then be required to re-apply for
senior housing with a new application date Once the Housing
Commission has exhausted the active waiting list with offers to
current Livonia residents, the Housing Commission may then
proceed to the parents of Livonia residents waiting list.
the Council does hereby concur in and approve of the recommended
action.
On a motion by Duggan, seconded by Pastor, it was
RESOLVED, that having considered a letter from the
Michigan Liquor Control Commission, dated January 20, 1998, and the
report and recommendation of the Chief of Police, dated February 5,
1998, in connection therewith, the Council does hereby refer the request
from Pick-A-Bone for a new additional Bar Permit to be held in
conjunction with 1997 Class C licensed business with Dance Permit,
Entertainment Permit without dressing rooms, and Official Permit (Food)
located at 30325 Six Mile Road, Livonia, Michigan, Wayne County, to the
Committee of the Whole for its report and recommendation
Dan Josifoski, the President of Pick-A-Bone, stated he was withdrawing his request for
this additional license, as he no longer was in need of a banquet room
Duggan and Pastor withdrew their motions on the foregoing resolution
30840
On a motion by Laura, seconded by Brosnan, and unanimously adopted,
it was
#187-98 RESOLVED, that having considered a letter from the
Michigan Liquor Control Commission, dated January 20, 1998, and the
report and recommendation of the Chief of Police, dated February 5,
1998, in connection therewith, with respect to the request from Pick-A-
Bone for a new additional Bar Permit to be held in conjunction with a 1997
Class C licensed business with Dance Permit, Entertainment Permit
without dressing rooms, and Official Permit (Food) located at 30325 Six
Mile Road, Livonia, Michigan, Wayne County, the Council does hereby
determine to take no further action on this matter inasmuch as this
request has been withdrawn by the applicant, and the City Clerk is hereby
requested to forward a certified copy of this resolution to the Michigan
Liquor Control Commission
On a motion by Vandersloot, seconded by Walsh, and unanimously
adopted, it was
#188-98 RESOLVED, that having considered the report and
recommendation of the Superintendent of Public Service and the Director
of Public Works, dated February 20, 1998, which bears the signature of
the Director of Finance and is approved for submission by the Mayor, the
Council does hereby authorize the Mayor and City Clerk, for and on
behalf of the City of Livonia, to execute a contract with EMCON, 41740
W Six Mile Road, Suite 104, Northville, Michigan 48167, to provide
environmental consulting services in connection with underground
storage tank removals and replacements at the DPW facility and the
Police Department for the sum of$39,150 00; and the Director of Public
Works is hereby authorized to approve minor adjustments in the work as
it becomes necessary; FURTHER, the Council does hereby authorize
the action herein without competitive bidding in accordance with the
provisions set forth in Section 3 04 140D2 of the Livonia Code of
Ordinances, as amended
A communication from the Department of Law, dated March 6, 1998, re
Local Bidder Preference - Livonia Code of Ordinances Section 3 04 140(E)(1), was
received and placed on file for the information of the Council
A communication from the Public Service Division, dated March 9, 1998,
re forwarding information on EMCON with respect to professional services for
30841
underground storage tank removals and replacements was received and placed on file
for the information of the Council
On a motion by Brosnan, seconded by Duggan, and unanimously
adopted, it was
#189-98 RESOLVED, that having considered a communication from
the City Planning Commission, dated February 11, 1998, which transmits
its resolution 2-17-98 adopted on February 10, 1998, with regard to
Petition 98-1-8-2 submitted by Victor Parkway Associates, L.L.0
requesting site plan approval in connection with a proposal to construct
two office buildings on property located at 19400 Victor Parkway in the
North 1/2 of Section 6, pursuant to the provisions set forth in Section
18 47 of Ordinance No 543, as amended, the Council does hereby
concur in the recommendation of the Planning Commission and Petition
98-1-8-2 is hereby approved and granted, subject to the following
conditions
1 That the Site Plan marked Sheet CO 10 by Ghafari Associates, as
received by the Planning Commission on January 21, 1998, is
2 hereby approved and shall be adhered to,
That the Exterior Building Elevation Plan marked Sheet A2.10
prepared by Ghafari Associates, as received by the Planning
Commission on January 21, 1998, is hereby approved and shall be
adhered to,
3 That a fully detailed Landscape Plan, which shall include retaining
wall details, shall be submitted to the Planning Commission and
City Council for their review and approval,
4 That the petitioner shall meet to the satisfaction of the Fire
Department the following requirements as outlined in the
correspondence dated February 6, 1998 That the following shall
be posted as a fire lane
• The most southern east/west access route from Victor Parkway
to the north/west corner of Building #1 in its entirety
• The most northern east/west access route from Victor Parkway
to the north/west corner of Building #1 in its entirety
Robert Yurk, Project Manager, Ghafari Associates, Inc. - addressed the 3M project in
this area and answered questions relative to the proposed construction.
30842
A communication from Ghafari Associates, Inc., dated March 4, 1998, re
{ additional information on the brick for the two (2) office buildings proposed to be
located at 19400 Victor Parkway (Petition 98-1-8-2) was received and placed on file for
the information of the Council
A communication from the Inspection Department, dated March 5, 1998,
re the brick/precast concrete system proposed for construction relative to Petition 98-
1-8-2 was received and placed on file for the information of the Council
On a motion by Laura, seconded by Brosnan, and unanimously adopted,
it was
#190-98 RESOLVED, that having considered a communication from
the City Planning Commission, dated February 11, 1998, which transmits
its resolution 2-18-98 adopted on February 10, 1998, with regard to
Petition 98-1-8-3 submitted by Zef Martin Ivezaj, requesting approval of
the Master Deed, bylaws and site plan approval in connection with a
proposal to construct a site condominium development on property
located at 30176 Munger Avenue in the Northeast 1/4 of Section 14,
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 98-1-8-3 is hereby approved
and granted, subject to the following conditions
1 That the Site Plan marked Sheet C-1 prepared by Stellar
Consulting Services, Inc., as received by the Planning Commission
on February 5, 1998, is hereby approved and shall be adhered to,
2 That the Master Deed complies with the requirements of the
Subdivision Control Ordinance, Title 16, Chapters 16 04 - 16 40 of
the Livonia Code of Ordinances, and Article XX of Ordinance #543,
Section 20 01 - 20 06 of that ordinance,
3 That the petitioner shall post a performance bond for completion
and repair of Doris Avenue and Munger Avenue as determined by
the Engineering Division, and
4 That the site plan shall be modified to comply with the egress and
ingress requirements of the Livonia Fire Department
30843
A communication from the Department of Law, dated March 4, 1998, re
the Master Deed for the Doris Avenue Site Condominiums (Petition 98-1-8-3) was
received and placed on file for the information of the Council
A communication from the Engineering Division, dated March 5, 1998, re.
bonds required for the Doris Avenue Site Condominiums (Petition 98-1-8-3) was
received and placed on file for the information of the Council
Duggan left the podium at 9.28 p m due to a conflict of interest on the next Agenda
item.
On a motion by Laura, seconded by Walsh, it was.
#191-98 RESOLVED, that having considered a communication from
the City Planning Commission, dated February 25, 1998, which transmits
its resolution 2-29-98, adopted on February 24, 1998, with regard to the
proposed preliminary plat of Cross Winds Estates Subdivision to be
located on the west side of Farmington Road, south of Norfolk Avenue, in
the Northeast 1/4 of Section 4, City of Livonia, Wayne County, Michigan,
and the preliminary plat having been approved by the City Planning
Commission on February 24, 1998, the Council does hereby approve of
the said preliminary plat based upon the same conditions as those set
forth in the aforesaid Planning Commission action and subject to the
receipt of a report and recommendation by the City Engineer relative to
the development plans and specifications for the improvements therein,
and the financial assurances guaranteeing the satisfactory installation of
such improvements, FURTHER, the Council does hereby waive the open
space requirement of the Subdivision Rules and Regulations
A roll call vote was taken on the foregoing resolution with the following result:
AYES Vandersloot, Pastor, Laura, Brosnan, Walsh, and Engebretson
NAYS None
The President declared the resolution adopted
A communication from Suzanne Toth, 19927 Farmington Road, dated
February 26, 1998, re stating her approval to have the new road constructed next to
her home without any landscaping at this time pertaining to the Cross Winds Estates
30844
Subdivision proposed to be located on the west side of Farmington, south of Norfolk, in
the NE 1/4 of Section 4, was received and placed on file for the information of the
Council
Duggan returned to the podium at 9.29 p m
On a motion by Duggan, seconded by Laura, it was
RESOLVED, that having considered a communication from
the City Planning Commission, dated December 26, 1997, which sets
forth its resolution 12-196-97 adopted on December 16, 1997, with regard
to Petition 97-9-1-17, submitted by Stanley and Antonina Kuzon for a
change of zoning of property located on the south side of Clarita Avenue
between Middlebelt Road and Melvin Avenue in the Northeast 1/4 of
Section 11, from R-5 to R-1, and the Council having conducted a public
hearing with regard to this matter on February 23, 1998, pursuant to
Council Resolution 26-98, the Council does hereby determine to take no
further action with respect to this matter
Stanley Kuzon, 29767 Clarita - stated he preferred this land to be rezoned to R-1 as
opposed to R-2
Duggan and Laura withdrew the motions on the foregoing resolution.
On a motion by Duggan, seconded by Laura, it was
RESOLVED, that having considered a communication from
the City Planning Commission, dated December 26, 1997, which sets
forth its resolution 12-196-97 adopted on December 16, 1997, with regard
to Petition 97-9-1-17, submitted by Stanley and Antonina Kuzon for a
change of zoning of property located on the south side of Clarita Avenue
between Middlebelt Road and Melvin Avenue in the Northeast 1/4 of
Section 11, from R-5 to R-1, and the Council having conducted a public
hearing with regard to this matter on February 23, 1998, pursuant to
Council Resolution 26-98, the Council does hereby refer this item to the
Streets, Roads and Plats Committee for its report and recommendation
At this point, Stanley Kuzon stated he would rather have the R-2 zoning than the delay
of referring it to committee
A roll call vote was taken on the foregoing resolution with the following result:
AYES Duggan, Laura, and Walsh
NAYS Vandersloot, Pastor, Brosnan, and Engebretson.
30845
The President declared the resolution denied
On a motion by Vandersloot, seconded by Brosnan, and unanimously
adopted, it was
#192-98 RESOLVED, that having considered a communication from
the City Planning Commission, dated December 26, 1997, which sets
forth its resolution 12-196-97 adopted on December 16, 1997, with regard
to Petition 97-9-1-17, submitted by Stanley and Antonina Kuzon for a
change of zoning of property located on the south side of Clarita Avenue
between Middlebelt Road and Melvin Avenue in the Northeast 1/4 of
Section 11, from R-5 to R-1, and the Council having conducted a public
hearing with regard to this matter on February 23, 1998, pursuant to
Council Resolution 26-98, the Council does hereby approve Petition 97-9-
1-17 as modified so as to rezone the property to R-2 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
On a motion by Pastor, seconded by Brosnan, and unanimously adopted,
it was
#193-98 RESOLVED, that having considered a communication from
the City Planning Commission, dated December 26, 1997, which sets
forth its resolution 12-197-97 adopted on December 16, 1997, with regard
to Petition 97-11-1-19, submitted by Manor Care Health Services, Inc for
a change of zoning of property located on the north side of Seven Mile
Road, east of Mayfield, in the Southwest 1/4 of Section 3, from R-3A to R-
9, and the Council having conducted a public hearing with regard to this
matter on February 23, 1998, pursuant to Council Resolution 26-98, the
Council does hereby approve Petition 97-11-1-19 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
On a motion by Pastor, seconded by Brosnan, and unanimously adopted,
it was
30846
#194-98 RESOLVED, that the Council does hereby refer the subject
of installing a traffic light at the intersection of Mayfield and Seven Mile
Road or in the immediate vicinity of such intersection to the Traffic
Commission for its report and recommendation.
On a motion by Vandersloot, seconded by Brosnan, it was
#195-98 RESOLVED, that having considered a communication from
the City Planning Commission, dated December 26, 1997, which sets
forth its resolution 12-198-97 adopted on December 16, 1997, with regard
to Petition 97-11-1-20, submitted by Steven and Pamela Pokornicki,
Sonja Styles, Robert M. Carter and Paul W Cox for a change of zoning of
property located on the west side of Oporto between Morlock and Norfolk
in the Northeast 1/4 of Section 2, from RUF to R-2, and the Council
having conducted a public hearing with regard to this matter on February
23, 1998, pursuant to Council Resolution 26-98, the Council does hereby
concur in the recommendation of the Planning Commission and Petition
97-11-1-20 is hereby denied for the following reasons:
1 That the proposed change of zoning is incompatible to and not in
harmony with the existing zoning district and uses north, south and
west of the subject property;
2 That the proposed change of zoning would change the character of
the area which is primarily large lot residential, and
3 That the proposed change of zoning is inconsistent with a newly
proposed Zoning Ordinance amendment which is meant to
preserve such "rural" type development as is represented by the
subject property
•
Kathleen Poppenger, 20218 Purlingbrook - stated her opposition to this rezoning
request.
The Council President relinquished the Chair to the Vice President at 9.42 p m. to
address the divided neighborhood in this area.
A roll call vote was then taken on the foregoing resolution with the following result:
AYES Vandersloot, Pastor, Duggan, Laura, Brosnan, Engebretson, and
Walsh.
NAYS None
The Vice President declared the resolution adopted.
The President resumed the Chair at 9.44 p m.
30847
On a motion by Brosnan, seconded by Pastor, it was
#196-98 RESOLVED, that having considered a communication from
the City Planning Commission, dated December 26, 1997, which sets
forth its resolution 12-202-97 adopted on December 16, 1997, with regard
to Petition 97-11-6-7, submitted by the City Planning Commission on its
own motion to determine whether or not to amend Article IX (OS District
Regulations) and Article XXVI (P 0 District Regulations) of the Zoning
Ordinance so as to provide for fitness centers/health clubs as waiver
uses, and the Council having conducted a public hearing with regard to
this matter on Monday, February 23, 1998, pursuant to Council
Resolution 26-98, the Council does hereby reject the recommendation of
the Planning Commission and Petition 97-11-6-7 is hereby denied for the
following reasons
1 That the proposed zoning ordinance language amendment is not
needed to accommodate the subject land uses in the City; and
2 That the proposed zoning ordinance language amendment will
promote non-office uses in zoning districts designed to
accommodate professional and general offices
A roll call vote was taken on the foregoing resolution with the following result:
AYES Pastor, Duggan, Laura, and Brosnan.
NAYS Vandersloot, Walsh, and Engebretson.
The President declared the resolution adopted.
A communication from the Department of Law, dated March 9, 1998, re
additional information regarding zoning district regulations for fitness centers/health
clubs was received and placed on file for the information of the Council
Pastor left the podium at 9.46 p m. due to a conflict of interest on the next Agenda item.
A communication from the Department of Law, dated February 24, 1998,
re the brick requirement with respect to the Extended Stay America Hotel on
Middlebelt Road (Petition 96-9-2-27) was received and placed on file for the
information of the Council
On a motion by Laura, seconded by Brosnan, it was
30848
RESOLVED, that having considered a communication from
Norman Hyman, Honigman Miller Schwartz and Cohn, on behalf of ESA
Development, dated January 20, 1998, which in accordance with the
provisions of Section 19 08 of Ordinance 543, as amended, the Zoning
Ordinance, takes an appeal from a determination made on January 13,
1998, by the City Planning Commission in its resolution 1-07-98 with
regard to proposed revisions to the elevation plans to retain block for the
first floor and substitute panel brick for full brick, submitted in connection
with Petition 96-9-2-27, submitted by Professional Engineering Associates
for waiver use approval to construct an extended stay motel on property
located on the east side of Middlebelt Road between Plymouth Road and
the CSX Railroad in the Southwest 1/4 of Section 25, as previously
approved in Council Resolution 159-97 adopted on February 26, 1997,
the Council does hereby concur in the recommendation of the Planning
Commission and the revision to the elevation plans in connection with
Petition 96-9-2-27 are hereby denied for the following reasons:
1 The building elevation plans were approved on the commitment
made by the applicant that the building was to have a full brick
facade, and the alternative material proposed are not acceptable
either in appearance or quality;
2. The substituted EZ wall system is not equivalent to full brick as set
forth in the Livonia adopted Basic Building Code, and
3 The approved plan specifically specified an all brick facade The
masonry block and EZ wall panel system installed represent
material that are inferior in design, durability and construction as
proposed by the plans as approved.
On a motion by Duggan, seconded by Walsh, it was
RESOLVED, that the Council does hereby determine to
substitute a resolution which would refer this matter to the Committee of
the Whole for its report and recommendation.
A roll call vote was taken on the motion to substitute with the following result:
AYES Vandersloot, Duggan, Walsh, and Engebretson.
NAYS Laura and Brosnan.
The President declared the motion to substitute adopted.
On a motion by Duggan, seconded by Walsh, it was
30849
#197-98 RESOLVED, that having considered a communication from
Norman Hyman, Honigman Miller Schwartz and Cohn, on behalf of ESA
Development, dated January 20, 1998, which in accordance with the
provisions of Section 19 08 of Ordinance 543, as amended, the Zoning
Ordinance, takes an appeal from a determination made on January 13,
1998, by the City Planning Commission in its resolution 1-07-98 with
regard to proposed revisions to the elevation plans to retain block for the
first floor and substitute panel brick for full brick, submitted in connection
with Petition 96-9-2-27, submitted by Professional Engineering Associates
for waiver use approval to construct an extended stay motel on property
located on the east side of Middlebelt Road between Plymouth Road and
the CSX Railroad in the Southwest 1/4 of Section 25, as previously
approved in Council Resolution 159-97 adopted on February 26, 1997,
the Council does hereby refer this matter to the Committee of the Whole
for its report and recommendation
Norman Hyman, on behalf of ESA Development, stated he would like this matter
referred to Committee of the Whole to go over some new information
A roll call vote was then taken on the substitute resolution with the following result:
AYES Vandersloot, Duggan, Brosnan, Walsh, and Engebretson
NAYS Laura.
The President declared the substitute resolution adopted
Pastor returned to the podium at 9.54 p m
On a motion by Duggan, seconded by Brosnan, and unanimously
adopted, it was
#198-98 RESOLVED, that having considered a communication from
the Director of Community Resources, dated February 19, 1998, 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 a cash donation in the amount of $1,067 00 from the
Young Men's Christian Association of Metropolitan Detroit, the same to be
appropriated and credited to Account#702-000-285-215 for use in
connection with the Livonia Youth Assistance Program.
On a motion by Brosnan, seconded by Laura, and unanimously adopted,
it was
30850
#199-98 RESOLVED, that the Council does hereby suspend their
th, 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 Duggan, seconded by Brosnan, and unanimously
adopted, it was
#200-98 RESOLVED, that having reviewed the request for special
appointment of an Accountant I for temporary assignment in the
Treasurer's Office, and after reviewing correspondence from the Mayor
and the Civil Service Commission, the Council does hereby approve this
request for a term not to exceed six (6) months
On a motion by Duggan, seconded by Brosnan, and unanimously
adopted, it was.
#201-98 RESOLVED, that the Council does hereby refer the subject
matter of the staffing in the Treasurer's Office to the Committee of the
Whole for its report and recommendation.
No one from the audience wished to speak at this time
Councilmember Brosnan wished a "Happy St. Patrick's Day" to Livonia's
Irish community, and in particular, a "hats off' to Mr Neary, Mr Coyne, and Mr
McCaul
On a motion by Duggan, seconded by Walsh, and unanimously adopted,
this 1,364th Regular Meeting of the Council of the City of Livonia was adjourned at
10.08 p m , March 11, 1998
2,/e- //
n McCotter, City Clerk
L. (