HomeMy WebLinkAboutCOUNCIL MINUTES 1995-12-04 29181
MINUTES OF THE ONE THOUSAND THREE HUNDRED AND TENTH
REGULAR MEETING OF THE COUNCIL OF THE CITY OF LIVONIA
On December 4, 1995, the above meeting was held at the City Hall,
33000 Civic Center Drive, Livonia, Michigan, and was called to order by the Vice
President of the Council at 8 02 p m. Councilmember Feenstra delivered the
invocation.
Roll was called with the following result: Fernon P Feenstra, Sean P
Kavanagh, Maureen Miller Brosnan, Laura M Toy, and Michael P McGee Absent:
Dale A. Jurcisin and Gerald Taylor (representing the City in another capacity)
Elected and appointed officials present: Robert D Bennett, Mayor; John
Nagy, City Planner; Raul Galindo, City Engineer; Cathryn K. White, City Attorney; Joan
McCotter, City Clerk, Karen A. Szymula, Director of Legislative Affairs, and Michael T
Slater, Finance Director
On a motion by Toy, seconded by Brosnan, and unanimously adopted, it
was.
#851-95 RESOLVED, that the minutes of the 1,309th Regular
Meeting of the Council of the City of Livonia, held November 20, 1995,
are hereby approved as submitted.
Councilmember Kavanagh wished his son, Shane, a Happy 6th Birthday
(which will occur on December 13) and his wife a Happy Anniversary (which is today).
Council Vice President McGee congratulated City Clerk Joan McCotter on
being appointed by the Secretary of State to serve on the Blue Ribbon Panel studying
Michigan Election Law
During the audience communication portion of the meeting, the following
individuals spoke
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Marcus Bass, 18420 Fremont, Livonia - inquired about the possibility of making
lids available for the City recycling containers,
Robert Ryan, 33704 Lyndon, Livonia - addressed the possibility of amending the
Silver Village lease to allow residents to keep cats and inquired as to the
procedure he would have to follow in order to have this change instituted;
George Boller, 36270 Hammer, Livonia - wanted to revisit the subject of the two-
year residency requirement in the City Charter re elected and appointed
officials, to which City Attorney White explained that by court decision, that
requirement has been eradicated
Michael Driscoll, 19229 Shadyside, Livonia - thanked the Council for the
opportunity to speak during audience communication and stated he hoped the
residents wouldn't lose that opportunity in the future, and also inquired about a
response to his letter requesting a clarification on conflicts of interest pertaining
to appointed and elected officials with ties to another government entity
A communication from the Department of Law, dated November 16, 1995,
re the Supreme Court decision in Grand Traverse County, et al v State of Michigan,
et al , Supreme Court Case Nos 98712, 98714, Court of Claims No 88-12055-CM, was
received and placed on file for the information of the Council
A communication from the Director of Finance, dated November 20, 1995,
re forwarding various financial statements of the City of Livonia for the month ending
October 31 , 1995, was received and placed on file for the information of the Council
A communication from the Department of Law, dated November 22, 1995,
re Marcel Cihelka v City of Livonia, Marcel Bihan, Mary Bihan, Stanley Mann,
Charleen Mann, Samuel Filippelli, Glenard Kett and Barbara Kett - Wayne County
Circuit Court Case No 94-424686 AW, was received and placed on file for the
information of the Council
On a motion by Feenstra, seconded by Toy, and unanimously adopted, it
was.
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#852-95 RESOLVED, that a communication from the Executive
Director of the Livonia Housing Commission to Mr Robert Ryan, dated
November 28, 1995, regarding his request to amend the Silver Village
lease agreement to allow cats within this facility, was received and placed
on file for the information of the Council
At the direction of the Chair, Item #1 was removed from the Consent
portion of the Agenda.
On a motion by Kavanagh, seconded by Toy, it was
#853-95 RESOLVED, that having considered the report and
recommendation of the Mayor, dated November 15, 1995, with respect to
the establishment of a telecommunications fund to address
telecommunications issues and legislation, the Council does hereby
authorize an appropriation of $25,000 00 from the Unexpended Fund
Balance of Cable Fund 297 to be transferred to Account No 297-751-
818-005 and does further authorize payment from this account for legal
representation, lobbyist efforts and other representation in the area of
telecommunications/cable legislation, FURTHER, the Council does
hereby authorize the action herein without competitive bidding in
accordance with Section 3 04 140D of the Livonia Code of Ordinances, as
amended
#854-95 RESOLVED, that having considered the report and
recommendation of the Director of Finance, dated November 15, 1995,
approved for submission by the Mayor, requesting a budget adjustment
for Fiscal Year 1995-96 for capital improvements to the Eddie Edgar Ice
Arena, the Council does hereby authorize said budget adjustment, and
the transfer of $25,000 00 from the General Fund Unexpended Fund
Balance to Account No 101-715-976-000, Capital Outlay - Building
Improvements is hereby approved
#855-95 RESOLVED, that having considered a communication from
the Department of Law, dated November 6, 1995, which bears the
signature of the Finance Director and is approved for submission by the
Mayor, with respect to a request submitted by B J 's of Michigan, Inc. to
renew its sublease agreement with the City (Fox Creek Golf Course
Restaurant), the Council does hereby refer this item to the Committee of
the Whole for its report and recommendation
#856-95 RESOLVED, that the Council does hereby refer the matter
of the condition of pavement on Curtis west of Middlebelt Road to the
Engineering Department for its report and recommendation.
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#857-95 RESOLVED, that the Council does hereby refer the matter
of possible excess window signage at Showerman's Party Store, 15333
Merriman Road, to the Inspection Department (Ordinance Enforcement
Division) for its report and recommendation.
#858-95 RESOLVED, that the Council does hereby refer the matter
of possible excess window signage at Veri Party Store, 34395 Plymouth
Road, to the Inspection Department (Ordinance Enforcement Division) for
its report and recommendation.
#859-95 RESOLVED, that the Council does hereby refer the matter
of possible excess window signage at Danny's Market, 17200 Farmington
Road, to the Inspection Department (Ordinance Enforcement Division) for
its report and recommendation
#860-95 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,
January 22, 1996, at 7 00 p m at the City Hall, 33000 Civic Center Drive,
Livonia, Michigan, with respect to the following item
Petition 95-8-1-19, submitted by Louis J Capra for a change of
zoning of property located north of Bretton Road between Melvin
and Oporto Avenues in the Southeast 1/4 of Section 2, from RUFA
to R-1, the City Planning Commission in its resolution 10-221-95
having recommended to the City Council that Petition 95-8-1-19 be
approved,
FURTHER, the City Clerk is hereby requested to, no less than fifteen (15)
days prior to the aforesaid date of said public hearing, cause to have a
statement indicating the (a) nature of the proposed amendment to the
Zoning Ordinance, and/or (b) location of the proposed change of zoning
as set forth above, first to be published in the official newspaper of the
City or a newspaper of general circulation in the City of Livonia as well as
to, not less than fifteen (15) days prior to said public hearing, cause to
have notice to be given by certified mail to each public utility company
and to each railroad company owning or operating any public utility or
railroad within the districts or zones affected; and FURTHER, the City
Clerk is requested to do all other things necessary or incidental to the full
performance of this resolution
A roll call vote was taken on the foregoing resolutions with the following result:
AYES Feenstra, Kavanagh, Brosnan, Toy, and McGee
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NAYS None
On a motion by Brosnan, seconded by Kavanagh, and unanimously
adopted, it was
#861-95 RESOLVED, that having considered the report and
recommendation of the Chairperson of the Livonia Arts Commission and
the Director of Community Resources, dated November 15, 1995, which
bears the signature of the Finance Director and is approved for
submission by the Mayor, the Council does hereby approve the payment
of an additional amount of $2,500 00 to Frank Varga and Varga
Sculpturing Studio, 296 N E 6th Avenue, Delray Beach, Florida 33483,
for the additional cost of a bronze bench in lieu of a cast stone bench in
connection with the outdoor sculpture approved in Council Resolution
458-95, the same to be appropriated and expended from the Arts
Commission Trust Fund, FURTHER, the Council does, for and on behalf
of the City of Livonia, accept cash donations for such sculpture in the
amount of $2,287 33 from the sources indicated in the aforesaid
communication and the donation of $1,000 00 in labor and materials for
the sculpture foundation from Sheridan Construction Company
Kavanagh gave first reading to the following Ordinance
AN ORDINANCE AMENDING SECTION 6 OF THE ZONING MAP
OF THE CITY OF LIVONIA AND AMENDING ARTICLE III OF
ORDINANCE NO 543, AS AMENDED, KNOWN AND CITED AS
"THE CITY OF LIVONIA ZONING ORDINANCE" BY ADDING
SECTION 3 THERETO (Petition 94-8-1-18)
The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in the
Office of the City Clerk and is the same as if word for word repeated herein. The above
Ordinance was placed on the table for consideration at the next regular meeting.
On a motion by Feenstra, seconded by Brosnan, and unanimously
adopted, it was.
#862-95 RESOLVED, that having considered a communication from
the Department of Community Resources, dated November 15, 1995,
approved as to form by the City Attorney, and approved for submission by
the Mayor, which transmits its resolution 237-95 adopted by the Cable
Television Commission on November 6, 1995, regarding approval of a
proposed amendment to Exhibit (D)(A)(2) of Cable Television Franchise
Ordinance 1685, the Council does hereby refer this matter to the
Department of Law to prepare an appropriate ordinance amendment to
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Exhibit (D)(A)(2) of the Cable Television Franchise Ordinance 1685 for
submission to Council
On a motion by Toy, seconded by Feenstra, and unanimously adopted, it
was.
#863-95 RESOLVED, that having considered the report and
recommendation of the Director of Finance, dated November 15, 1995,
approved for submission by the Mayor, wherein it is requested that
payment be authorized to the Internal Revenue Service for arbitrage
rebate calculations, the Council does hereby authorize an appropriation in
the sum of$35,097 33 from the Unexpended Fund Balance and payment
to the Internal Revenue Service to be paid by the following sources*
Newburgh Village Fund 294 $ 17,576 75
1990 SAD Fund 886 4,732.21
1990 Street Improvement Fund 486 12,788 37
On a motion by Kavanagh, seconded by Toy, and unanimously adopted, it
was
#864-95 RESOLVED, that the Council does hereby refer the subject
of arbitrage rebate calculations to the Committee of the Whole for its
report and recommendation
The Vice President relinquished the Chair to Senior Councilmember Feenstra at 8 27
p m.
On a motion by McGee, seconded by Brosnan, and unanimously adopted,
it was.
#865-95 WHEREAS, the purpose of the newly-created Livonia
Community Foundation is to provide a stable, substantial and long-term
source of funding for various civic, charitable and cultural needs of the
community; and
WHEREAS, the Livonia Community Foundation is a means to
supplement monies available through traditional funding sources; and
WHEREAS, ail donations to the Livonia Community Foundation are held
in trust and the income from said trust is used for community foundation
purposes The source of said funding includes private donations from
individuals and/or their estates, and business entities, including
partnerships and corporations, and
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WHEREAS, donations to the Livonia Community Foundation receive
preferential treatment under Michigan tax law, and donors to the Livonia
Community Foundation will help provide for Livonia's future and may
direct the use of the donations, according to the donor's particular
interests, and
WHEREAS, the Livonia Community Foundation, in this season of
goodwill, charity and generosity is seeking donations from individuals and
businesses in order to create a permanent source of funding for various
community needs,
NOW, THEREFORE, BE IT RESOLVED, that the Mayor and Members of
the City Council hereby proclaim the month of December, 1995 to be
Livonia Community Foundation Month and encourage any and all able
and willing to contribute, to give generously to the Livonia Community
Foundation
The Vice President resumed the Chair at 8 29 p m.
On a motion by Kavanagh, seconded by Feenstra, it was
#866-95 RESOLVED, that having considered a communication from
Council Vice President Michael P McGee, dated October 31, 1995, to
which is attached a petition from various residents concerning the matter
of amending and/or establishing a City ordinance "grandfathering"
existing residential property owners from having sidewalks mandated, the
Council does hereby deny this request.
A roll call vote was taken on the foregoing resolution with the following result:
AYES Feenstra, Kavanagh, Brosnan, and Toy
NAYS McGee
The Vice President declared the resolution adopted.
From the audience, Lynn Seaton, 29105 Bretton, Livonia, expressed her
opposition to having sidewalks being mandatory, and Georgia Kapsalis, 31445 Seven
Mile Road, Livonia, questioned why this subject matter wasn't being referred to the
Committee of the Whole for further consideration
On a motion by Feenstra, seconded by Brosnan, it was:
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RESOLVED, that the Council does hereby refer the matter
of the possible amendment of Section 050 of Chapter 4, Title 2 (Meetings
- Order of Business) of the Livonia Code of Ordinances, as amended, to
the Department of Law to prepare an appropriate ordinance amendment
addressing recommended changes to rules and procedures pertaining to
audience communication, the same to thereafter be submitted to the
Legislative Committee for its report and recommendation.
Kavanagh offered a friendly amendment to the foregoing resolution with
the following result:
#867-95 RESOLVED, that the Council does hereby refer the matter
of the possible amendment of Section 050 of Chapter 4, Title 2 (Meetings
- Order of Business) of the Livonia Code of Ordinances, as amended,
regarding possible changes to rules and procedures pertaining to
audience communication to the Legislative Committee for its report and
recommendation
AYES Feenstra, Kavanagh, Brosnan, Toy, and McGee
NAYS None
The Vice President declared the resolution as amended adopted
From the audience, the following individuals commented on this matter.
Paul Pierson, 33506 Nancy, Livonia - expressed his opinion of the need
to maintain the audience communication portion of meetings,
Mike Driscoll, 19229 Shadyside, Livonia - submitted a communication to
the Council regarding this subject matter, asking that the Council reject
any limiting of free speech during the meetings, and
Ralph Williams, 18630 Foch, Livonia - asked for a clarification of the
adopted resolution's content.
On a motion by Feenstra, seconded by Toy, and unanimously adopted, it
was
#868-95 RESOLVED, that having considered a communication from
the City Planning Commission, dated August 31, 1995, which sets forth its
resolution 8-155-95, adopted on August 15, 1995, with regard to Petition
95-5-1-10, submitted by Louis Bitoff, Jr , for a change of zoning of
property located on the north side of Seven Mile Road between Bethany
Road and Victor Parkway in the Southeast 1/4 of Section 6, from RUFC to
OS, and the Council having conducted a public hearing with regard to this
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matter on Wednesday, November 15, 1995, pursuant to Council
Resolution 645-95, the Council does hereby concur in the
recommendation of the Planning Commission and Petition 95-5-1-10 is
hereby denied for the following reasons
1 That the proposed change of zoning will not provide for a
comprehensive land use solution for the subject property and all
adjacent properties in the area,
2 That the proposed change of zoning is incompatible to and not in
harmony with the surrounding uses and zoning districts in the area,
3 That the proposed change of zoning would provide for spot zoning
in the area, and
4 That the subject property lacks the size and dimensions to permit
the development of uses permitted by the proposed OS zoning
district.
On a motion by Feenstra, seconded by Toy, and unanimously adopted, it
was.
#869-95 RESOLVED, that the Council does hereby refer the matter
of the possibility of a more appropriate residential zoning classification for
property located on the north side of Seven Mile Road between Bethany
Road and Victor Parkway in the Southeast 1/4 of Section 6 to the
Planning Commission to hold a public hearing regarding same
On a motion by Feenstra, seconded by Toy, and unanimously adopted, it
was
#870-95 RESOLVED, that having considered a communication from
the City Planning Commission, dated August 31, 1995, which sets forth its
resolution 8-156-95, adopted on August 15, 1995, with regard to Petition
95-7-1-13, submitted by the City Planning Commission, for a change of
zoning of property located on the east side of Newburgh Road, south of
Ann Arbor Trail, in the Northwest 1/4 of Section 32, from RUF and OS to
R-6, and the Council having conducted a public hearing with regard to
this matter on November 15, 1995, pursuant to Council Resolution 645-
95, the Council does hereby reject the recommendation of the Planning
Commission and Petition 95-7-1-13 is hereby denied for the following
reasons
1 That the proposed change of zoning is inconsistent with the
existing single family residences currently established on the west
side of Newburgh Road in the area, and
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2 That the subject property can be developed for single family
residences consistent with other uses in the area.
On a motion by Feenstra, seconded by Brosnan, it was
#871-95 RESOLVED, that having considered a communication from
the City Planning Commission, dated October 2, 1995, which sets forth its
resolution 9-179-95, adopted on September 26, 1995, with regard to
Petition 95-7-1-14, submitted by the City Planning Commission for a
change of zoning of property located on the south side of Five Mile Road
between Hubbard Road and Fairfield, in the Northwest 1/4 of Section 22,
from C-2 to OS, and the Council having conducted a public hearing with
regard to this matter on November 27, 1995, pursuant to Council
Resolution 725-95, the Council does hereby approve Petition 95-7-1-14
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
A roll call vote was taken on the foregoing resolution with the following result:
AYES Feenstra, Brosnan, Toy, and McGee
NAYS Kavanagh
The Vice President declared the resolution adopted
On a motion by Feenstra, seconded by Toy, it was
#872-95 RESOLVED, that the Council does hereby refer the matter
of the parcel currently zoned C-2, which is located immediately west of
the property addressed in Petition 95-7-1-14 on the south side of Five
Mile Road between Hubbard Road and Fairfield in the Northwest 1/4 of
Section 22, to the Planning Commission to hold a public hearing to
determine a more appropriate zoning classification
A roll call vote was taken on the foregoing resolution with the following result:
AYES Feenstra, Brosnan, Toy, and McGee
NAYS Kavanagh
The Vice President declared the resolution adopted
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On a motion by Feenstra, seconded by Toy, and unanimously adopted, it
was
#873-95 RESOLVED, that having considered a communication from
the City Planning Commission, dated October 2, 1995, which sets forth its
resolution 9-182-95, adopted on September 26, 1995, with regard to
Petition 95-8-1-17, submitted by Leo Soave for a change of zoning of
property located north of Ann Arbor Trail between Stark and Farmington
Roads in the Southeast 1/4 of Section 33, from RUF to R-16, and the
Council having conducted a public hearing with regard to this matter on
November 27, 1995, pursuant to Council Resolution 725-95, the Council
does hereby approve Petition 95-8-1-17 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 Feenstra, seconded by Brosnan, and unanimously
adopted, it was
#874-95 WHEREAS, the City Clerk has received an Application for
Industrial Facilities Exemption Certificate from Garrett Tool &
Engineering, dated October 4, 1995, covering the expansion of industrial
facilities and the purchase of additional machinery and equipment located
within City of Livonia Industrial Development District No 58, and
WHEREAS, the City Clerk has notified in writing the Assessor of the City
of Livonia as well as the legislative body of each taxing unit which levies
ad valorem property taxes in the local governmental unit in which the
proposed facility is to be located, i e , the City of Livonia, and advised
each of them that the said Application has been received; and
WHEREAS, the City Council has afforded Garrett Tool & Engineering,
the Assessor, and a representative of each of the affected taxing units an
opportunity for a hearing on this Application and said hearing having in
fact been conducted at 7 00 p m , Monday, November 27, 1995, at the
Livonia City Hall, 33000 Civic Center Drive, Livonia, Michigan.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
LIVONIA AS FOLLOWS
1 That the City Council, on the basis of the information received from
the applicant, Garrett Tool & Engineering, finds and determines
(a) that the granting of this industrial facilities exemption certificate
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shall not have the effect of substantially impeding the operation of
the local governmental unit or impairing the financial soundness of
any taxing unit which levies an ad valorem property tax in the local
governmental unit in which the facility is to be located; and (b) the
applicant has fully complied with the requirements of Section 9, Act
No 198, P.A. 1974, as amended.
2. That the City Council hereby approves the Application for Industrial
Facilities Exemption Certificate from Garrett Tool & Engineering
covering the expansion of industrial facilities and the purchase of
machinery and equipment located within the City of Livonia
Industrial Development District No. 58, for 12 years
3 That in accordance with the requirements of Section 22, Act 198,
P A. 1974, as amended, wherein a Letter of Agreement between
the applicant and the City is required in order to clarify the
understanding and the commitment between the applicant and the
Board upon approval of an Industrial Facilities Exemption
Certificate, the Council hereby authorizes the Mayor and City Clerk
to sign such Letter of Agreement as duly executed by the applicant
and incorporate such Letter of Agreement as part of the
documentation required to process applications for Industrial
Facilities Exemption Certificates
No one from the audience wished to speak during the audience
communication portion of the meeting.
On a motion by Toy, seconded by Brosnan, and unanimously adopted,
this 1,310th Regular Meeting of the Council of the City of Livonia was adjourned at 9.07
p m., December 4, 1995
CIA OF/
Jan McCotter, City Clerk