HomeMy WebLinkAboutCOUNCIL MINUTES 2002-08-12 33654
MINUTES OF THE ONE THOUSAND FOUR HUNDRED SEVENTIETH
REGULAR MEETING OF AUGUST 12, 2002
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On August 12, 2002, 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 Laura led the Council in the recitation of the
Pledge of Allegiance
Roll was called with the following result: Joe Laura, Maureen Miller
Brosnan, Donald Knapp, Val Vandersloot, Linda Dolan, Gerald Taylor and Jack
Engebretson
Absent: None
Elected and appointed officials present: Jack E Kirksey, Mayor; Robert
Schron, City Engineer; Mark Taormina, City Planner; Sean Kavanagh, City Attorney and
Karen Szymula, Director of Legislative Affairs
On a motion by Brosnan, seconded by Dolan, and unanimously adopted, it
was
CR 398-02 RESOLVED, that the minutes of the 1,469th Regular Meeting
of the Council held July 17, 2002 are hereby approved as submitted
During the audience communication portion of the agenda, Mayor Kirksey
addressed the issue of an override of Governor Engler's veto regarding revenue sharing
issues, and he presented a proposed resolution He stated that several City officials
would be going to Lansing on August 13 to present this resolution to the State
Legislature, along with several other municipalities from across the State of Michigan
Councilmembers Knapp and Brosnan echoed the comments of the Mayor, and Council
President Engebretson thanked the Mayor for his leadership role on this matter
On a motion by Knapp, seconded by Brosnan, and unanimously adopted,
it was
REVISED
Regular Meeting of August 12, 2002 33655
CR 399-02 WHEREAS, local government is the first line of support,
service, and defense for U S citizens,
WHEREAS, President George W Bush has already emphasized the
importance of the local government role in his National Strategy for
Homeland Security by stating "State, county, municipal, and local
governments fund and operate the emergency services that would
respond in the event of a terrorist attack. Ultimately, all manmade and
natural disasters are local events - with local units being the first to
respond and the last to leave ",
WHEREAS, the State of Michigan has systematically decreased it's
budgetary pressures by transferring many of its responsibilities to the local
level without proportionally increasing local funding,
WHEREAS, without adequate statutory revenue sharing, local municipal
budgets will be devastated, rendering them incapable of providing
services at the grass roots level,
WHEREAS, the State government is sustained by local municipalities'
support and implementation of its regulations,
WHEREAS, nothing short of a veto override on August 13 will restore
funding for local government services,
THEREFORE BE IT RESOLVED, that the Mayor and Members of the City
Council of the City of Livonia call upon the members of the Michigan State
Legislature to PUT COMMUNITIES FIRST and to unanimously vote to
override Governor Engler's veto of statutory revenue sharing funds on
August 13
REVISED
Regular Meeting of August 12, 2002 33656
On a motion by Taylor, seconded by Laura, and unanimously adopted, it
was
CR 400-02 RESOLVED, that having received a communication from
Jerry Sokoloski, dated August 6, 2002, regarding a water drainage
problem encountered by his parents who reside at 29070 Sunnydale, as
well as their neighbors, the Council does hereby refer this matter to the
Engineering Division for its report and recommendation
Councilmember Knapp thanked Karen Szymula, Director of Legislative Affairs, and Dan
Putman, Director of Information Systems, for publishing the Zoning Board of Appeals'
agenda on the City's website
A communication from the Department of Finance, dated July 18, 2002,
re forwarding various financial statements of the City of Livonia for the month ending
June 30, 2002, was received and placed on file for the information of the Council
A communication from the Department of Finance, dated July 31, 2002,
re an invoice showing a $30 00 balance for an annual inspection being owed by 7-
Eleven, Inc , and a copy of a check for said amount issued to the City by 7-Eleven, Inc.,
as it relates to the matter of adding a co-licensee to their 2002 SDM licensed business
at 15550 Middlebelt Road, was received and placed on file for the information of the
Council (Agenda Item #14)
On a motion by Brosnan, seconded by Taylor, it was
CR 401-02 RESOLVED, that having considered an application from
Maria Huff, 19726 Donna, Livonia, Michigan 48152, dated July 2, 2002,
requesting permission to close Donna between Fairfax and Pembroke on
Saturday, August 31, 2002, from 2 00 pm to 10 00 p m for the purpose
of conducting a block party, the Council does hereby grant permission as
Regular Meeting of August 12, 2002 33657
requested, the action taken herein being made subject to the approval of
the Police Department.
CR 402-02 RESOLVED, that having considered an application from
Kimberlee Cwiek, 19137 Rensellor, Livonia, Michigan 48152, dated July 2,
2002, requesting permission to close Rensellor between Seven Mile Road
and Bridge on Saturday, August 24, 2002, from 12.00 noon to 9 00 p m
for the purpose of conducting a block party, the Council does hereby grant
permission as requested, including therein permission to conduct the said
affair on Saturday, September 7, 2002, in the event of inclement weather,
the action taken herein being made subject to the approval of the Police
Department.
CR 403-02 RESOLVED, that having considered an application from
Kenny Harb, 16877 Westbrook, Livonia, Michigan 48154, dated July 11,
2002, requesting permission to close Westbrook between Mallory and
Whitcomb on Saturday, August 24, 2002, from 12 00 noon to 10 00 p m
for the purpose of conducting a block party, the Council does hereby grant
permission as requested, including therein permission to conduct the said
affair on Sunday, August 25, 2002, in the event of inclement weather, the
action taken herein being made subject to the approval of the Police
Department.
CR 404-02 RESOLVED, that having considered an application from
Raphael M Franges, 14430 Brentwood, Livonia, Michigan 48154, dated
July 15, 2002, requesting permission to close Brentwood between
Meadowlark and Jacquelyn on Saturday, August 17, 2002, from 10 00
a m to 10 00 p m for the purpose of conducting a block party, the Council
does hereby grant permission as requested, the action taken herein being
made subject to the approval of the Police Department.
CR 405-02 RESOLVED, that having considered an application from Ray
Sochalski, Steve Ward and Nakhleh Bannoura, 34180 Parkdale, Livonia,
Michigan 48150, dated July 25, 2002, requesting permission to close
Parkdale Avenue at the entrance of the cul-de-sac on Saturday,
September 14, 2002, from 5 00 p m to 10 00 p m for the purpose of
conducting a block party, the Council does hereby grant permission as
requested, including therein permission to conduct the said affair on
Saturday, September 21, 2002, in the event of inclement weather, the
action taken herein being made subject to the approval of the Police
Department.
CR 406-02 RESOLVED, that having considered an application from
Kathy Walker and Susan Puninske, 17559 Rougeway, Livonia, Michigan
48152, dated August 1, 2002, requesting permission to close Rougeway
between Six Mile and Bobrich on Saturday, August 24, 2002, from 4 00
Regular Meeting of August 12, 2002 33658
p m to 10 00 p m for the purpose of conducting a block party, the Council
does hereby grant permission as requested, the action taken herein being
made subject to the approval of the Police Department.
CR 407-02 RESOLVED, that having considered a letter from Kim A.
Kostich, President of Anchor Homes, LLC, dated July 12, 2002, requesting
elimination of the sidewalk requirement with respect to two (2) homes
currently under construction located at 15545 and 15575 Mayfield, and the
report and recommendation of the City Engineer, dated July 31, 2002, in
connection therewith, the Council does hereby deny this request inasmuch
as there are sidewalks in the neighborhood and omitting the sidewalk on
these properties would be detrimental to the best interests of the City and
its residents
CR 408-02 RESOLVED, that having considered a letter from Norman
Hyman, Honigman, Miller, Schwartz and Cohn, on behalf of WLW
Partners, LLC, dated July 3, 2002, requesting a proposed amendment to
Zoning Ordinance No 543 to permit self-storage facilities as waiver uses
in C-2 zoning districts, the Council does hereby refer this item to the
Planning Commission for action and recommendation in accordance with
provisions of law and City ordinance
CR 409-02 RESOLVED, that having considered a letter from Vicki
Reault, representing Newburg United Methodist Church, dated July 11,
2002, which requests permission to display 20 signs announcing the
Newburg United Methodist Mom-to-Mom Sale to be conducted on
Saturday, September 28, 2002, which signs are to be 18"x 24" in size and
which will be displayed at various locations in the city no earlier than
Saturday, September 21, 2002, and removed no later than Sunday,
September 29, 2002, the Council does hereby grant and approve this
request in the manner and form herein submitted
CR 410-02 RESOLVED, that having considered a letter from Diana
Giordano and JoAnn Sopko, representing St. Edith School, dated July 26,
2002, which requests permission to display 104 signs announcing their fall
craft show to be conducted on Saturday, November 9, 2002, which signs
are to be 22"x14", and which will be displayed at all major intersections of
the City from November 2, 2002, through November 10, 2002, and one
40"x30" sign to be erected in front of the school and church on October
26, 2002 and removed no later than November 10, 2002, the Council does
hereby grant and approve this request in the manner and form herein
submitted
CR 411-02 RESOLVED, that having considered a communication from
William Warren, Flea Market Chairperson of the Livonia Historical Society,
and Suzanne Daniel, Chairperson of the Historical Commission, dated
Regular Meeting of August 12, 2002 33659
June 28, 2002, which bears the signature of the Director of Community
Resources and is approved for submission by the Mayor, which requests
permission to display two banner signs (4' x 8') on the fencing at
awl Greenmead and 25" x 15" signs at all major intersections of the City
announcing the Flea Market to be held Sunday, September 8, 2002, at
Greenmead, which signs shall be installed no earlier than Saturday,
August 31, 2002, and removed no later than Monday, September 9, 2002,
the Council does hereby grant and approve this request in the manner and
form herein submitted
CR 412-02 RESOLVED, that having considered a communication from
the Director of Community Resources and the Director of Public Works,
dated July 17, 2002, which bears the signature of the City Attorney and is
approved for submission by the Mayor, to which is attached a proposed
contract for caretaking services at the Historical Village at Greenmead
between the City of Livonia and Gregg Mabey, the term of which is August
18, 2002, through August 17, 2003, the Council does hereby approve and
authorize the Mayor and City Clerk, for and on behalf of the City of
Livonia, to execute the contract, as well as to do all other things necessary
or incidental to the full performance of this resolution
CR 413-02 RESOLVED, that having considered the report and
recommendation of the Acting Chief of Police, dated June 24, 2002, which
bears the signature of the Finance Director, is approved by the Chief
Assistant City Attorney and is approved for submission by the Mayor, the
Council does hereby authorize the purchase of Motorola radio equipment
(11 vehicle radios, two base units and two hand held radios) from
Motorola, Northern Division, 85 Harristown Road, Glen Rock, New Jersey
07452 for a total cost not to exceed $68,000 00, the same to be
appropriated and expended from the Unexpended Fund Balance of the
Federal Portion of the Adjudicated Forfeiture Fund (Account No 265-334-
987-000), FURTHER, the Council does hereby determine to authorize the
said purchase without competitive bidding inasmuch as the same is based
upon the low State of Michigan bid price, as well as for the additional
reasons indicated in the aforesaid communication, and such action is
taken in accordance with the provisions set forth in Section 3 04 140D 4 of
the Livonia Code of Ordinances, as amended, FURTHER, the Council
does hereby authorize the Mayor and City Clerk, for and on behalf of the
City of Livonia, to execute the attached Membership Agreement with the
State of Michigan, for the State's Public Safety Communications System
(MPSCS) to provide the Livonia Police Department radio coverage
throughout the State with the understanding that the City's costs
associated with such participation shall be a one-time programming fee of
$25 00 per radio (totaling $375 00) and an annual recurring infrastructure
maintenance fee of$200 00 per radio (totaling $3,000 00 per year)
Regular Meeting of August 12, 2002 33660
CR 414-02 RESOLVED, that having considered a letter from the
Michigan Liquor Control Commission, dated May 29, 2002, and a report
and recommendation of the Chief of Police, dated July 22, 2002, in
connection therewith, the Council does hereby recommend approval of the
request from 7-Eleven, Inc to add Mohammad S Bahar as co-licensee in
a 2002 SDM Licensed Business for a business located at 15550
Middlebelt Road, Livonia, Michigan 48154, Wayne County; and the City
Clerk is hereby requested to forward a certified copy of this resolution to
the Michigan Liquor Control Commission
CR 415-02 RESOLVED, that having considered a letter from the
Michigan Liquor Control Commission, dated April 24, 2002, and a report
and recommendation of the Chief of Police, dated July 22, 2002, in
connection therewith, the Council does hereby recommend approval of the
request from May-Sakis, Inc., to transfer stock (2002 licensing year) in a
2001 Class C Licensed Business by dropping J&G Leasing Corporation as
stockholder through transfer of 1,000 shares of stock to new joint
stockholder, Steven E Tome and Benito Tome, for a business located at
35085 Plymouth Road, Livonia, Michigan 48150, Wayne County; and the
City Clerk is hereby requested to forward a certified copy of this resolution
to the Michigan Liquor Control Commission
CR 416-02 RESOLVED, that having considered the report and
recommendation of the Director of Public Works and the City Engineer,
dated July 2, 2002, which bears the signature of the Finance Director and
is approved for submission by the Mayor, the Council does hereby accept
the unit price bid of Maintenance Men, Inc , 29100 Terrence, Livonia,
Michigan 48154 for completing all work required in connection with the
correction of the Loveland Avenue Underdrain System, for the estimated
total cost of $24,744 34, based on the Engineering Division's estimate of
units involved, and subject to a final payment based upon the actual units
completed in accordance with the unit prices accepted herein, the same to
be appropriated and expended from the Unexpended Fund Balance of the
Drainage Projects Construction Fund (465) for this purpose, FURTHER,
the City Engineer is hereby authorized to approve minor adjustments in
the work as it becomes necessary; and the Mayor and City Clerk are
hereby authorized to execute a contract, for and on behalf of the City of
Livonia, with the aforesaid company and to do all other things necessary
or incidental to the full performance of this resolution, FURTHER, the
Council does hereby authorize the action taken herein without competitive
bidding for the reasons indicated in the aforesaid communication, and
such action is taken in accordance Section 3 04 140D 4 of the Livonia
Code of Ordinances, as amended
CR 417-02 RESOLVED, that having considered the report and
recommendation of the City Engineer, dated July 26, 2002, submitted
Regular Meeting of August 12, 2002 33661
pursuant to Council Resolution 362-02, regarding the request of Tim
Olszewski to waive the sidewalk repair requirement at 18371 Irving, the
Council does hereby deny this request since there are a significant
number of sidewalks in this neighborhood and granting this request would
be detrimental to the best interests of the City and its residents.
CR 418-02 RESOLVED, that having considered the report and
recommendation of the Director of Public Works and the City Engineer,
dated July 16, 2002, which bears the signature of the Director of Finance
and is approved for submission by the Mayor, the Council does hereby
accept the unit price bid of Thompson-McCully Co , 11620 Whitmore Lake
Road, Whitmore Lake, Michigan 48189, for completing all work required in
connection with the 2002 Thin Asphalt Overlay Program (Contract 02-B)
for the estimated total cost of $157,473 88, based on the Engineering
Division's estimate of units involved, and subject to a final payment based
upon the actual units completed in accordance with the unit prices
accepted herein, said estimated cost and unit prices having been in fact
the lowest bid received and meets specifications, FURTHER, the Council
does hereby authorize an expenditure in the amount of $157,473 88 from
funds already budgeted in Account No 202-463-818-119 (Major Roads)
for this purpose, and the City Engineer is hereby authorized to approve
minor adjustments in the work as it becomes necessary; and the Mayor
and City Clerk are hereby authorized, for and on behalf of the City of
Livonia, to execute a contract with the aforesaid bidder and to do all other
things necessary or incidental to the full performance of this resolution
CR 419-02 RESOLVED, that the Council having considered a
communication from the City Engineer, dated July 15, 2002, approved for
submission by the Mayor, wherein the City Engineer has ascertained the
assessed valuation of all property affected by the proposed installation of
missing sidewalks on the south side of Seven Mile Road between Inkster
Road and Middlebelt Road in the City of Livonia, Wayne County,
Michigan, and such report having indicated the number of parcels which
show tax delinquencies, the number of parcels owned by public
authorities, the number of parcels which are vacant, and having prepared
and caused to be prepared plans and specifications thereof and an
estimate for the cost thereof, and to file the same with the City Clerk
together with his recommendation as to what proportion of the cost should
be paid by single lot assessment and what part, if any, should be a
general obligation of the City, the number of installments in which
assessments may be paid and the lands which should be included, and it
appearing to the Council that all of such information, estimate, plans,
specifications and recommendations have been properly filed by the City
Engineer under date of July 15, 2002, and that there has been a full
compliance with all of the provisions of Section 3 08 060 and Section
3 08 150 of the Livonia Code of Ordinances, as amended, the Council
Regular Meeting of August 12, 2002 33662
does hereby set Monday, September 23, 2002, at 7 00 p m as the date
and time for a public hearing on such proposed improvement, which public
hearing shall be held before the Council in the Livonia City Hall, 33000
Civic Center Drive, Livonia, Michigan, pursuant to Section 3 08 150B of
said Livonia Code of Ordinances, as amended, and the City Clerk is
hereby authorized to give notice and publication of such hearing as is
required by Section 3 08 150B of said Code
CR 420-02 RESOLVED, that having considered a communication from
Sam Baki, Baki's Unique Home Builders & Developers, Inc., dated July
15, 2002, requesting approval of a revised site plan to increase the
sideyard setbacks in connection with Petition 2002-03-08-10, previously
approved by the City Council in Council Resolution 286-02, to construct a
condominium development on property located on the west side of
Middlebelt Road between Joy Road and Grandon Avenue in the
Southeast 1/4 of Section 35, pursuant to the provisions set forth in Section
18 58 of Ordinance No 543, as amended, the Council does hereby
approve the revised site plan in connection with Petition 2002-03-08-10,
subject to the following conditions
1 That the Site and Landscape Plan dated July 11, 2002, as revised,
submitted by Baki's Unique Home Builders & Developers, Inc., is
hereby approved and shall be adhered to,
2 That all disturbed lawn areas shall be sodded in lieu of hydroseeding,
3 That underground sprinklers are to be provided for all landscaped
and sodded areas, and all planted materials shall be installed to the
satisfaction of the Inspection Department and thereafter permanently
maintained in a healthy condition,
4 That the Exterior Building Elevation Plans marked Sheet 3 and Sheet
4, dated July 5, 2002, and March 15, 2002 respectively, prepared by
Heritage Design Group, is hereby approved and shall be adhered to,
except for the following
- That the first floor of each condominium unit shall be brick or
stone, on all four sides, and the total amount of brick or stone on
each two-story unit shall not be less than 65% and not less than
80% on one-story dwellings,
- That the surround of any outside chimney shall be constructed
out of brick,
5 That the brick used in the construction shall be full-face four (4) inch
brick, no exception,
Regular Meeting of August 12, 2002 33663
6 That this approval is subject to the petitioner being granted a
variance from the Zoning Board of Appeals for deficient setbacks and
any conditions related thereto, and
7 That the specific plans referenced in this approving resolution shall
be submitted to the Inspection Department at the time the building
permits are applied for
CR 421-02 RESOLVED, that having considered a communication from
the City Planning Commission, dated July 18, 2002, which transmits its
resolution 07-87-2002, adopted on July 16, 2002, with regard to Petition
2002-06-SN-01, submitted by Marygrove Awning, on behalf of Family
Dentistry, requesting approval for an awning sign for the commercial
building located on the north side of Five Mile Road between Farmington
Road and Edington Avenue (33512 Five Mile Road) in the Southeast 1/4 of
Section 16, the Council does hereby concur in the recommendation of the
Planning Commission and approve the said Sign Permit Application,
subject to the following conditions
1 That the Sign Package submitted by Marygrove Awning, as received
by the Planning Commission on June 20, 2002, is hereby approved
and shall be adhered to,
2 That no part of the awning or the sign area shall be illuminated or
backlit;
3 That the existing sign on the southwest corner of the building be
modified to include the address numbers only in accordance with the
ordinance, with the western portion of the sign blocked out with a
panel to match the awning,
4 That any additional signage shall come back before the Planning
Commission and City Council for their review and approval,
5 That the petitioner shall correct to the Inspection Department's
satisfaction the following as outlined in the correspondence dated
July 8, 2002
- that the entire parking lot shall be repaired, resealed and double
striped
6 That the address be in full compliance with Section 18 50 of Zoning
Ordinance 543
Regular Meeting of August 12, 2002 33664
CR 422-02 RESOLVED, that having considered a communication from
the City Planning Commission, dated July 18, 2002, which transmits its
resolution 07-88-2002, adopted on July 16, 2002, with regard to Petition
2002-07-SN-02, submitted by Marygrove Awning, on behalf of Law
Offices, requesting approval for an awning sign for the commercial
building located on the north side of Five Mile Road between Farmington
Road and Stamford Avenue (33680 Five Mile Road) in the Southeast 1/4 of
Section 16, the Council does hereby concur in the recommendation of the
Planning Commission and approve the said Sign Permit Application,
subject to the following conditions
1 That the Sign Package submitted by Marygrove Awning, as received
by the Planning Commission on July 1, 2002, is hereby approved and
shall be adhered to,
2 That no part of the awning or the sign area shall be illuminated or
backlit;
3 That any additional signage shall come back before the Planning
Commission and City Council for their review and approval, and
4 That the petitioner shall correct to the Inspection Department's
satisfaction the following as outlined in the correspondence dated
July 8, 2002
- that the entire parking lot shall be repaired, resealed and double
striped
- that the front right-of-way landscaping shall be re-established
and thereafter permanently maintained in a healthy condition
- that the rotted wood of the façade shall be repaired, replaced
and/or removed
CR 423-02 RESOLVED, that having considered a communication from
the City Planning Commission, dated July 18, 2002, approved for
submission by the Mayor, to which is attached a copy of its resolution 07-
85-2002 adopted on July 16, 2002, in connection with Petition 2002-05-
07-01, wherein the Commission did amend Part VII of the Master Plan of
the City of Livonia, the Future Land Use Plan, so as to change the land
use designation of various properties located throughout the City, the
Council does hereby certify and acknowledge receipt of same, 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
CR 424-02 RESOLVED, that in accordance with the provisions set forth
in Section 4 of Act 207 of the Public Acts of Michigan of 1921, as
Regular Meeting of August 12, 2002 33665
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
Wednesday, October 2, 2002 at 7 00 p m at the City Hall, 33000 Civic
Center Drive, Livonia, Michigan, with respect to the following item
Petition 2002-06-01-07, submitted by Schonsheck, Inc., 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, the City Planning
Commission in its resolution 07-81-2002 having recommended
to the City Council that Petition 2002-06-01-07 be denied,
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 Laura, Brosnan, Knapp, Vandersloot, Dolan, Taylor and
Engebretson
NAYS None
The Bone Yard Restaurant Prototype by Marco Design Group, dated July
16, 2002, re a proposal to operate a full-service restaurant on property located on the
east side of Haggerty Road between Seven Mile Road and Eight Mile Road, was
received and placed on file for the information of the Council (Petition 2001-03-02-05)
A communication from the Marco Design Group, dated August 8, 2002, re
their response defining building materials to be used for a proposed full-service
Regular Meeting of August 12, 2002 33666
restaurant to be located on the east side of Haggerty Road between Seven Mile Road
and Eight Mile Road, was received and placed on file for the information of the Council
(Petition 2001-03-02-05)
A communication from Champps Entertainment, Inc., dated August 8,
2002, re their opposition to the request for waiver use approval from Haggerty Road
Investments to build a Bone Yard restaurant on Haggerty Road between Seven and
Eight Mile Roads, was received and placed on file for the information of the Council
(Petition 2001-03-02-05)
On a motion by Vandersloot, seconded by Brosnan, and unanimously
adopted, it was
CR 425-02 RESOLVED, that having considered the report and
recommendation of the Committee of the Whole, dated July 16, 2002,
submitted pursuant to Council Resolution 614-01, in connection with a
communication from the City Planning Commission, dated July 13, 2001,
which sets forth its resolution 07-103-2001 adopted on July 10, 2001, with
regard to Petition 2001-03-02-05, submitted by Haggerty Road
Investments requesting waiver use approval to remodel and expand an
existing building in connection with a proposal to operate a full service
restaurant on property located on the east side of Haggerty Road between
Seven Mile Road and Eight Mile Road in the Northwest 1/4 of Section 6,
which property is zoned OS, and the Council having conducted a public
hearing with regard to this matter on September 12, 2001, pursuant to
Council Resolution 519-01, the Council does hereby determine to leave
this item in Committee
On a motion by Brosnan, seconded by Laura, and unanimously adopted, it
was
CR 426-02 RESOLVED, that having considered the report and
recommendation of the Committee of the Whole, dated July 16, 2002,
submitted pursuant to Council Resolution 614-01, regarding Petition 2001-
03-02-05, submitted by Haggerty Road Investments requesting approval
to remodel and expand an existing building in connection with a proposal
to operate a full service restaurant on property located on the east side of
Haggerty Road between Seven Mile Road and Eight Mile Road in the
Regular Meeting of August 12, 2002 33667
Northwest 1/4 of Section 6, the Council does hereby refer the subject of
(1) the impact of the Consent Judgment in relation to the Campus Condo
Association, (2) the applicability of setback requirements in connection
with the building expansion, and (3) the necessity, if any, for approval of
the condominium association for pedestrian access rather than vehicular
access to the adjoining property to the Department of Law for a report and
recommendation
Councilmember Brosnan gave first reading to the following
Ordinance
AN ORDINANCE AMENDING SECTION 240 OF
TITLE 10, CHAPTER 21 (TRAFFIC VIOLATIONS) OF
THE LIVONIA CODE OF ORDINANCES, AS
AMENDED
The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in the
Office of the City Clerk and is the same as if word for word repeated herein The above
Ordinance was placed on the table for consideration at the next regular meeting
On a motion by Laura, seconded by Brosnan, and unanimously adopted, it
was
CR 427-02 RESOLVED, that having considered a communication from
Gail Garrity, 30810 Bobrich, Livonia, Michigan 48152, dated June 24,
2002, requesting the installation of sidewalks along Merriman Road
between Five Mile Road and Seven Mile Road, the Council does hereby
determine to take no further action with regard to this matter
On a motion by Laura, seconded by Brosnan, and unanimously adopted, it
was
CR 428-02 RESOLVED, that having considered a communication from
Gail Garrity, 30810 Bobrich, Livonia, Michigan 48152, dated June 24,
2002, requesting the installation of sidewalks along Merriman Road
between Five Mile Road and Seven Mile Road, the Council does hereby
refer the subject of the speed on Merriman Road to the Mayor for a report
and recommendation
Regular Meeting of August 12, 2002 33668
A communication from James Corcoran, Fire Marshal, Livonia Fire and
Rescue, dated August 9, 2002, re emergency equipment turn-around requirement on
streets as it pertains to a proposed combination and lot split request from Sam Baki for
property located at 37600, 37618 and 37642 Schoolcraft, was received and placed on
file for the information of the Council
A communication from Sam Baki, Vice-President of Sales for Tri-West
Development Company, dated August 9, 2002, re removal of an existing garage from
unit #6 as it pertains to a proposed combination and lot split request for property located
at 37600, 37618 and 37642 Schoolcraft, was received and placed on file for the
information of the Council
A communication from the Planning Commission, dated August 6, 2002,
re zoning history of Lots 67 through 72 of Zimmerman and Porter's Schoolcraft Estates
Subdivision, as it pertains to a proposed combination and lot split request for property
located at 37600, 37618 and 37642 Schoolcraft, was received and placed on file for the
information of the Council
On a motion by Taylor, seconded by Laura, and unanimously adopted, it
was
CR 429-02 RESOLVED, that having considered a communication from
the City Assessor, dated July 23, 2002, approved for submission by the
Mayor, with regard to a request from Sam Baki, Tri-West Development,
36800 Seven Mile Road, Livonia, Michigan 48152, and in accordance with
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 and division of Tax Item Nos 46-076-01-0069-000,
46-076-01-0070-000 and 46-076-01-0071-000 into seven parcels, the
legal descriptions of which shall read as follows
Regular Meeting of August 12, 2002 33669
161. Parcel 1
The North 120 feet of Lot 71, Zimmerman and Porter's Schoolcraft Estates
Sub , of part of E 1/2 of S E 1/4 Sec. 19, T 1 S R. 9 E , Livonia Twp (now
City of Livonia) Wayne County Michigan, as recorded in Liber 68 of Plats,
Page 73 of Wayne County records, contains 9,000 square feet or 0 207
acres and subject to easements and restriction of record if any
Parcel 2
The North 120 feet of Lot 70, Zimmerman and Porter's Schoolcraft Estates
Sub , of part of E 'A of S E 1/4 Sec. 19, T 1 S R 9E , Livonia Twp (now
City of Livonia) Wayne County Michigan, as recorded in Liber 68 of Plats,
Page 73 of Wayne County records, contains 9,000 square feet or 0 207
acres and subject to easements and restriction of record if any
Parcel 3
The North 120 feet of Lot 69, Zimmerman and Porter's Schoolcraft Estates
Sub , of part of E 1/2 of S E 1/4 Sec 19, T 1 S R. 9 E , Livonia Twp (now
City of Livonia) Wayne County Michigan, as recorded in Liber 68 of Plats,
Page 73 of Wayne County records, contains 9,000 square feet or 0 207
acres and subject to easements and restriction of record if any
Parcel 4
Part of Lots 69 and 70, Zimmerman and Porter's Schoolcraft Estates Sub ,
of partof E 112 of S E % Sec 19, T 1 S R. 9 E , Livonia Twp (now City of
Livonia) Wayne County Michigan, as recorded in Liber 68 of Plats, Page
73 of Wayne County records, being more particularly described as.
commencing at the N E corner of said Lot 69, thence due South 170 00
feet along the East line of said Lot 69 to the point of beginning, thence
continuing South 122 93 feet; thence N 89° 43'40" W , 145 57 feet; thence
8 48 feet along a curve to the right (radius 25 00 feet, central angle
19°26'38", chord bears N 44°2211"E , 8 44 feet), thence N 54°05'30"E
10 68 feet; thence 70 81 feet along a curve to the left (radius 75 00 feet,
central angle 54°05'30" chord bears N 27°02'45" E 68.21 feet), thence
due North 49 38 feet; thence S 89°53'30" E , 100 00 feet to a point on the
East line of said Lot 69 to the point of beginning, contains 13,328 square
feet or 0 306 acres and subject to easements and restrictions of record if
any
Parcel 5
The South 130 feet of Lot 69, Zimmerman and Porter's Schoolcraft
Estates Sub , of part of E 1/2 of S E 1/4 Sec. 19, T 1 S R. 9 E , Livonia
Twp (now City of Livonia) Wayne County Michigan, as recorded in Liber
68 of Plats, Page 73 of Wayne County records, contains 9,750 square feet
or 0 224 acres and subject to easements and restriction of record if any
Regular Meeting of August 12, 2002 33670
Parcel 6
Part of Lot 70; Zimmerman and Porter's Schoolcraft Estates Sub , of part
of E of S E 1/4 Sec 19, T 1 S R. 9 E , Livonia Twp (now City of
Livonia) Wayne County Michigan, as recorded in Liber 68 of Plats, Page
73 of Wayne County records, being more particularly described as
beginning at the S E corner of said Lot 70, thence N 89°43'40" W , 75 00
feet; thence due North 115 77 feet; thence 15 12 feet along a curve to the
right (radius 25 00 feet, central angle 34°38'52", long chord bears N
17°19'26" E , 14 89 feet), thence S 89°43'40" E , 70 57 feet; thence due
South 130 00 feet to the point of beginning, contains 9,730 square feet or
0.223 acres and subject to easements and restrictions of record if any
Parcel 7
Part of Lot 71, Part of Lot 70; Zimmerman and Porter's Schoolcraft
Estates Sub , of part of E 1/2 of S E 1/4 Sec. 19, T 1 S R. 9 E , Livonia
Twp (now City of Livonia) Wayne County Michigan, as recorded in Liber
68 of Plats, Page 73 of Wayne County records, being more particularly
described as beginning at the S W corner of said Lot 71, thence due
North, 252.29 feet along the West line of said Lot 71, thence S 89°53'30"
E , 75 00 feet; thence due South 49 47 feet; thence 23 60 feet along a
curve to the right (radius 25 00 feet, central angle 54°05'30", chord bears
S 27°02'45" W , 22 74 feet), thence S 54°05'30" W , 10 68 feet; thence
70 81 feet along a curve to the left (radius 75 00 feet, central angle
54°05'30", chord bears S 27°02'45" W , 68 21 feet), thence due South
115 53 feet to the South line of said Lot 71, thence N 89°43'40" W , 25 00
feet to the point of beginning, contains 10,520 square feet or 0.242 acres
and subject to easements and restrictions of record if any
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 this
approval is contingent upon the posting of bonds sufficient to insure the
construction of roads, sanitary sewers, water mains and storm sewers in
connection with the development of these parcels, and that the petitioner
shall remove the garage on unit #6 as a condition of this approval
On a motion by Taylor, seconded by Vandersloot, and unanimously
adopted, it was
CR 430-02 RESOLVED, that having considered a communication from
the City Assessor, dated June 26, 2002, approved for submission by the
Mayor, with regard to a request from Jim Szkrybalo, 14894 Brookfield,
Livonia, Michigan 48154, representing Thomas and Lisa Bobovski, 6453
Brighton Road, Brighton, Michigan 48116, and in accordance with the
Regular Meeting of August 12, 2002 33671
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 division of Tax Item No 46-090-99-0040-000 into two (2)
parcels, the legal descriptions of which shall read as follows.
Parcel A
The East 270 0 feet of the West 330 0 feet of the North 66 feet of the
South 132 0 feet of the North 2,214 02 feet of the Northwest 1/4 of Section
23, T 1 S , R.9 E , City of Livonia, Wayne County, Michigan Containing
0 41 acres Subject to easements of record
Parcel B
The East 270 0 feet of the West 330 0 feet of the South 66 0 feet of the
North 2,214 02 feet of the Northwest 114 of Section 23, T 1 S , R.9 E., City
of Livonia, Wayne County, Michigan Containing 0 41 acres Subject to
easements of record
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 until a
variance is granted by the Zoning Board of Appeals as to every
nonconforming lot resulting from such split, none of said lots may be sold,
leased or transferred
On a motion by Brosnan, seconded by Taylor, and unanimously adopted,
it was
CR 431-02 RESOLVED, that having considered a communication from
the City Planning Commission, dated June 7, 2002, which transmits its
resolution 06-76-2002, adopted on June 4, 2002 with regard to Petition
2002-04-03-05 submitted by Donal and Claudia Stanton, requesting to
vacate a portion of the existing right-of-way located adjacent to their
property at 19658 Melvin Avenue, located on the east side of Melvin
Avenue between Fairfax Avenue and St. Martins Avenue in the Southeast
1/4 of Section 2, the Council does hereby refer this item to the Committee
of the Whole for its report and recommendation
On a motion by Brosnan, seconded by Knapp, and unanimously
adopted, it was.
CR 432-02 RESOLVED, that having considered a communication from
the City Planning Commission, dated June 7, 2002, which transmits its
resolution 06-77-2002, adopted on June 4, 2002 with regard to Petition
Regular Meeting of August 12, 2002 33672
2002-05-03-06 submitted by Donald and Susan Gunn, requesting to
vacate a portion of the existing right-of-way located adjacent to their
property at 30010 Fairfax Avenue, located on the north side of Fairfax
Avenue between Purlingbrook Avenue and Melvin Avenue in the
Southeast 1/4 of Section 2, the Council does hereby refer this item to the
Committee of the Whole for its report and recommendation
A communication from Mr And Mrs Donal Stanton, 19658 Melvin, and
Mr and Mrs Donald Gunn, 30010 Fairfax, dated August 8, 2002, re their concerns
related to the proposed rezoning of property located at 29901 Bretton Road submitted
by Harvey and Shirley Prysdale, was received and placed on file for the information of
the Council (Petition 2002-03-01-02)
A letter from Tina Collard, 19813 Melvin, re removing her name from a
petition she previously signed in which she stated she was in favor of the proposed
rezoning of property located at 29901 Bretton Road submitted by Harvey and Shirley
Prysdale, was received and placed on file for the information of the Council (Petition
2002-03-01-02)
On a motion by Brosnan, seconded by Dolan, and unanimously adopted, it
was.
CR 433-02 RESOLVED, that having considered a communication from
the City Planning Commission, dated May 9, 2002, which sets forth its
resolution 05-57-2002, adopted on May 7, 2002, with regard to Petition
2002-03-01-02, submitted by Harvey and Shirley Prysdale, for a change of
zoning of property at 29901 Bretton Road located on the south side of
Bretton Road between Middlebelt Road and Melvin Avenue in the
Southeast 1/4 of Section 2, from RUFA to R-1, and the Council having
conducted a public hearing with regard to this matter on July 15, 2002,
pursuant to Council Resolution 302-02, the council does hereby refer this
item to the Committee of the Whole for its report and recommendation
On a motion by Taylor, seconded by Brosnan, and unanimously
adopted, it was
Regular Meeting of August 12, 2002 33673
CR 434-02 RESOLVED, the Council does hereby refer the subject of
the water problem in the area of Bretton and Melvin Avenues and whether
it is a flood zone or a flood plain to the Engineering Division for its report
and recommendation
On a motion by Vandersloot, seconded by Dolan, and unanimously
adopted, it was
CR 435-02 RESOLVED, that having considered a communication from
the City Planning Commission, dated May 9, 2002, which sets forth its
resolution 05-58-2002, adopted on May 7, 2002, with regard to Petition
2002-03-01-03, submitted by Djelosh Juncaj, for a change of zoning of
property at 29023 Eight Mile Road located on the south side of Eight Mile
Road between Middlebelt Road and Brentwood Avenue in the Northwest
1/4 of Section 1, from C-1 to C-2, and the Council having conducted a
public hearing with regard to this matter on July 15, 2002, pursuant to
Council Resolution 302-02, the Council does hereby concur in the
recommendation of the Planning Commission and petition 2002-03-01-03 is
hereby denied for the following reasons
1 That this general area in the vicinity of the Eight Mile Road and
Middlebelt Road intersection contains sufficient C-2 zoned lands to
serve the needs of the area,
2 That the petitioner has failed to adequately demonstrate a need in
this area for additional commercial uses such as are permitted by
the C-2 district;
3 That the uses permitted in the existing C-1 zoning district as well as
the several waiver uses are sufficient to serve the area,
4 That the proposed change of zoning would tend to encourage
future requests for similar zoning changes along the south side of
Eight Mile Road east of the subject property;
5 That the proposed zoning district would tend to attract uses which
are incompatible to and not in harmony with the adjacent residential
uses in the area, and
6 That the subject site is located so as to provide commercial
services principally to the surrounding neighborhood in accordance
with the intent of the C-1 zoning district.
There was no audience communication at the end of the meeting
Regular Meeting of August 12, 2002 33674
On a motion by Brosnan, seconded by Dolan, and unanimously adopted,
this 1,470th Regular Meeting of the Council of the City of Livonia was adjourned at 8 50
p m , August 12, 2002
oJan McCotter, City Clerk