HomeMy WebLinkAboutCOUNCIL MINUTES 2000-06-05 32318
MINUTES OF THE ONE THOUSAND FOUR HUNDRED EIGHTEENTH
REGULAR MEETING OF JUNE 5, 2000
On June 5, 2000, the above meeting was held at the City Hall,
33000 Civic Center Drive, Livonia, Michigan, and was called to order by the President of
the Council at 8 00 p m Councilmember Engebretson delivered the invocation
Roll was called with the following result: Jack Engebretson, Val I
Vandersloot, John Walsh, John Pastor, Brian Duggan, Joe Laura and Maureen Miller
Brosnan
Absent: None
Elected and appointed officials present: Jack E Kirksey, Mayor; Mike
Slater, Director of Finance, Robert Schron, City Engineer; Mark Taormina, City Planner;
Sean Kavanagh, City Attorney; Joan McCotter, City Clerk, Linda McCann, Director of
Community Resources, Dave Woodcox, Director of Building Inspection and Karen
Szymula, Director of Legislative Affairs.
On a motion by Vandersloot, seconded by Duggan, and unanimously
adopted, it was.
#395-00 RESOLVED, that the minutes of the 1,417th Regular Meeting
of the Council held May 17, 2000 are hereby approved as submitted
A roll call vote was taken on the foregoing resolution with the following result:
AYES Engebretson, Vandersloot, Walsh, Duggan, Laura and Brosnan
NAYS None
PRESENT Pastor
During an audience communication, Councilmember Pastor mentioned
that the thoughts and prayers of his family were with Mr DeVito
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A communication from the Department of Finance, dated May 18, 2000,
re. forwarding various financial statements of the City of Livonia for the month ending
April 30, 2000, was received and placed on file for the information of the Council
A communication from the Engineering Division, dated May 25, 2000, re
Whispering Pines Site Condominiums Quarterly Status Report, was received and
placed on file for the information of the Council
On a motion by Duggan, seconded by Pastor, and unanimously adopted,
it was.
CR 396-00 RESOLVED, that the Council does hereby determine to
remove the quarterly status reports obligation of the Engineering
Department regarding the Whispering Pines Site Condominiums from
further agendas
At the direction of the Chair, Item No 3 re request for adoption of resolution in support
of the re-legalization of Community Radio was removed from the Consent Agenda
A communication from the Department of Finance, dated May 30, 2000,
re a total of $500,000 remains unappropriated from the City's $12 Million
Transportation Bond Issuance was received and placed on file for the information of the
Council (Consent Agenda Item #6)
On a motion by Duggan, seconded by Pastor, and unanimously adopted,
it was
CR 397-00 RESOLVED, that having considered an application from
Thomas P Daly, 33147 Scone, dated May 13, 2000, requesting
permission to close Westmore, between the addresses of 14027 and
14015, and Scone, between the addresses of 33159 and 33123, on
Saturday, June 10, 2000, from 4 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, June 17, 2000, in the event of inclement weather, the action
taken herein being made subject to the approval of the Police Department.
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CR 398-00 RESOLVED, that having considered a letter from Helen M
Oppat, dated May 10, 2000, representing The Women of St. Aidan, which
requests permission to display signs announcing St. Aidan's 17th Annual
Craft Show to be held on Saturday, September 23, 2000, which signs are
to be 18" x 24" in size and which will be displayed at all major
intersections in the City from Sunday, September 17, 2000, through
Sunday, September 24, 2000, the Council does hereby grant and approve
this request in the manner and form herein submitted
CR 399-00 RESOLVED, that having considered a communication from
the Mayor, dated May 12, 2000, wherein he has requested approval of the
reappointment of Richard Gallagher, 29991 Munger, Livonia, Michigan
48154, to the Economic Development Corporation of the City of Livonia
Board of Directors for a six-year term expiring June 7, 2006, the Council
does hereby confirm and approve such reappointment.
CR 400-00 RESOLVED, that having considered a letter from the
Michigan Liquor Control Commission, dated March 6, 2000, and the report
and recommendation of the Chief of Police, dated May 1, 2000, approved
for submission by the Mayor, the Council does hereby approve of the
request from R.S N B INC for transfer of ownership of a 1999 Class C
License from Old Mexico, Inc for a business located at 28407 Five Mile
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 401-00 RESOLVED, that having considered the report and
recommendation of the City Engineer, dated May 4, 2000, which bears the
signature of the Director of Finance, is approved by the Director of Public
Works, approved as to the form by the City Attorney, and approved for
submission by the Mayor, to which is attached a proposed agreement
between the City of Livonia, the Michigan Department of Transportation,
and Wayne County, for the improvement of Five Mile Road from
Middlebelt Road to Inkster Road, the Council does hereby authorize the
Mayor and City Clerk, for and on behalf of the City of Livonia, to execute
this agreement in the manner and form herein submitted, FURTHER, the
Council does hereby appropriate and authorize the expenditure of the sum
of $46,754 00 from the $12 Million General Obligation Road Bond Issue
for the City's estimated share of this project, and the City Clerk is hereby
requested to forward a certified copy of this resolution, together with the
signed agreement, to the Wayne County Department of Public Services,
Division of Engineering
CR 402-00 RESOLVED, that the Council does hereby refer the matter of
the amount remaining in the $12 Million General Obligation Road Bond
issue to the Director of Finance for a report and recommendation
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CR 403-00 RESOLVED, that having considered the report and
recommendation of the City Engineer, dated May 4, 2000, which bears the
signature of the Director of Finance, is approved by the Director of Public
Works, approved as to the form by the City Attorney, and approved for
submission by the Mayor, to which is attached a proposed agreement
between the City of Livonia, the Michigan Department of Transportation,
and Wayne County, for the improvement of Six Mile Road from Merriman
Road to Middlebelt Road, the Council does hereby authorize the Mayor
and City Clerk, for and on behalf of the City of Livonia, to execute this
agreement in the manner and form herein submitted, FURTHER, the
Council does hereby appropriate and authorize the expenditure of the sum
of $80,332 00 from the $12 Million General Obligation Road Bond Issue
for the City's estimated share of this project; and the City Clerk is hereby
requested to forward a certified copy of this resolution, together with the
signed agreement, to the Wayne County Department of Public Services,
Division of Engineering
CR 404-00 WHEREAS, the City Clerk has received an Application for
Industrial Facilities Exemption Certificate from Dearborn Lithogaph, Inc ,
dated May 16, 2000, covering new industrial facilities to be located within
City of Livonia Industrial Development District 73,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
LIVONIA that it determines as follows
1 The City Clerk shall provide copies of the said Application to the
legislative bodies of the governmental units deriving property taxes
from the property which will be affected, as required by Act 198,
P.A. 1974, as amended
2 The City Clerk shall contact each of the affected taxing units, and (i)
indicate the Council's interest in this matter, and (ii) assist these
taxing units in collecting such information as may be necessary to
determine their respective opinions on this Application, and (iii)
advise the said taxing units of this Council's desire to hold a hearing
on this Application on Monday, August 14, 2000, at 7.00 p m at the
Livonia City Hall, 33000 Civic Center Drive, Livonia, Michigan
3 The Council hereby sets Monday, August 14, 2000, at 7.00 p m at
Livonia City Hall, 33000 Civic Center Drive, Livonia, Michigan, as
the date, time and place for conducting a hearing on said
Application
lam CR 405-00 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
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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,
July 17, 2000, at 7.00 pm at the City Hall, 33000 Civic Center Drive,
Livonia, Michigan, with respect to the following items.
(1) Petition 99-10-1-16, submitted by the City Planning Commission,
pursuant to Council Resolution 218-00, for a change of zoning of
property located on the west side of Farmington Road north of
Seven Mile Road (the former Fire Station No 3 site and the
adjacent residential parcel to the south) in the Southeast 1/4 of
Section 4 from PL and RUF to C-2, the City Planning Commission
in its resolution 5-92-2000 having recommended to the City Council
that Petition 99-10-1-16 be approved,
(2) Petition 00-3-1-4, submitted by the City Planning Commission,
pursuant to Council Resolution 152-00, for a change of zoning of
property located on the south side of Glendale Avenue between
Farmington Road and Merriman Road in the Northwest 1/4 of
Section 27 from PL to M-2, the City Planning Commission in its
resolution 5-93-2000 having recommended to the City Council that
Petition 00-3-1-4 be approved,
(3) Petition 00-3-1-5, as amended, submitted by Sam Baki, for a
change of zoning of property located at the southwest corner of Gill
Road and Northland Drive in the Southwest 1/4 of Section 4 from
RUFB to R-2, the City Planning Commission in its resolution 5-94-
2000 having recommended to the City Council that Petition 00-3-1-
5, as modified to rezone the property from RUFB to R-3, be
approved, and
(4) Petition 00-4-1-6, submitted by SSOE, Inc , on behalf of Meijer, for
a change of zoning of property located at the east side of
Middlebelt Road between Schoolcraft Road and the Chesapeake
and Ohio Railroad in the Northwest 1/4 of Section 25 from M-2 to
C-2, the City Planning Commission in its resolution 5-95-2000
having recommended to the City Council that Petition 00-4-1-6 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) location of the proposed changes of zoning
as set forth above, first to be published in the official newspaper of the City
or a newspaper of general circulation in the City of Livonia as well as to,
not less than fifteen (15) days prior to said public hearing, cause to have
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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
CR 406-00 RESOLVED, that having considered a communication from
Bill Brown Ford, Inc., dated May 18, 2000, 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 May 9, 2000,
by the City Planning Commission in its resolution 5-104-2000, with regard
to Petition 00-1-2-4, submitted by Bill Brown Ford, Inc., requesting waiver
use approval for signage for commercial property located on the north side
of Plymouth Road, between Tech Center Drive and Sears Avenue in the
Southwest 1/4 of Section 26, which property is zoned C-2, the Council
does hereby designate Monday, August 14, 2000, at 7.00 p m 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
CR 407-00 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 XVII 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,
July 10, 2000, at 7 00 p m at the City Hall, 33000 Civic Center Drive,
Livonia, Michigan, with respect to the following item
Petition 00-4-6-2, submitted by the City Planning Commission on its
own motion, to determine whether or not to amend Article XVII of
the Zoning Ordinance so as to provide for SDD and SDM licensed
establishments as waiver uses in the M-2 (General Manufacturing)
District, the City Planning Commission in its resolution 5-100-2000
having recommended to the City Council that Petition 00-4-6-2 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
32324
or a newspaper of general circulation in the City of Livonia as well as to,
L. 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
CR 408-00 WHEREAS, the City Clerk has received an Application for
Industrial Facilities Exemption Certificate from Trio Tool Company, dated
May 26, 2000, covering new industrial facilities to be located within City of
Livonia Industrial Development District 74,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
LIVONIA that it determines as follows
1 The City Clerk shall provide copies of the said Application to the
legislative bodies of the governmental units deriving property taxes
from the property that will be affected, as required by Act 198, P.A.
1974, as amended
2 The City Clerk shall contact each of the affected taxing units, and (i)
indicate the Council's interest in this matter, and (ii) assist these
taxing units in collecting such information as may be necessary to
determine their respective opinions on this Application, and (iii)
advise the said taxing units of this Council's desire to hold a hearing
on this Application on Monday, August 21, 2000, at 7 00 p m at the
Livonia City Hall, 33000 Civic Center Drive, Livonia, Michigan
3 The Council hereby sets Monday, August 21, 2000, at 7.00 pm at
Livonia City Hall, 33000 Civic Center Drive, Livonia, Michigan, as
the date, time and place for conducting a hearing on said
Application
A roll call vote was taken on the foregoing resolutions with the following result:
AYES Engebretson, Vandersloot, Walsh, Pastor, Duggan, Laura and
Brosnan
NAYS None
On a motion by Duggan, seconded by Laura, and unanimously adopted, it
was
CR 409-00 RESOLVED, that the Livonia City Council does determine to
L. take no further action on a request for adoption of a resolution in support
32325
of the re-legalization of Community Radio submitted by Tom Ness,
Publisher of Jam Rag Magazine
A communication from Tom Ness, Publisher of Jam Rag Magazine, dated
May 26, 2000, re his not seeking another resolution from the City of Livonia, but only
submitting updated information of the re-legalization of Community Radio, was received
and placed on file for the information of the Council
Audit reports of the City of Livonia (Financial Report with Additional
Information dated November 30, 1999), the District Court Funds of District No 16
(Financial Report with Additional Information dated November 30, 1999), the Economic
Development Corporation (Financial Report dated November 30, 1999) and the City of
Livonia (Federal Awards Supplemental Information dated November 30, 1999), were
received and placed on file for the information of the Council (CR 314-00)
On a motion by Walsh, seconded by Pastor, and unanimously adopted, it
was
CR 410-00 RESOLVED, that having considered the report and
recommendation of the Finance, Insurance and Budget Committee, dated
May 9, 2000, submitted pursuant to Council Resolution 314-00, and the
report and recommendation of the Director of Finance, dated April 7,
2000, approved for submission by the Mayor, with respect to audit reports
of the City of Livonia (Financial Report with Additional Information dated
November 30, 1999), the District Court Funds of District No 16 of the City
of Livonia (Financial Report with Additional Information dated November
30, 1999), the Economic Development Corporation of the City of Livonia
(Financial Report dated November 30, 1999) and the Federal Awards of
the City of Livonia (Supplemental Information dated November 30, 1999),
the Council does hereby refer the subject of revenue base to the Finance,
Insurance and Budget Committee for its report and recommendation
On a motion by Vandersloot, seconded by Duggan, and unanimously
adopted, it was
CR 411-00 RESOLVED, that having considered the report and
recommendation of the Finance, Insurance and Budget Committee, dated
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May 9, 2000, submitted pursuant to Council Resolution 314-00, and the
report and recommendation of the Director of Finance, dated April 7,
2000, approved for submission by the Mayor, with respect to audit reports
of the City of Livonia (Financial Report with Additional Information dated
November 30, 1999), the District Court Funds of District No 16 of the City
of Livonia (Financial Report with Additional Information dated November
30, 1999), the Economic Development Corporation of the City of Livonia
(Financial Report dated November 30, 1999) and the Federal Awards of
the City of Livonia (Supplemental Information dated November 30, 1999),
the Council does hereby determine to take no further action with respect
to Council Resolution 314-00
On a motion by Duggan, seconded by Engebretson, and unanimously
adopted, it was
CR 412-00 RESOLVED, that having considered the matter of the solid
waste/recycling contract between the City of Livonia and Waste
Management of Michigan, Inc., the Council does hereby determine to
postpone this subject matter to the City Council Regular Meeting of June
14, 2000
Front Elevation Plans, A.1 and A.2, dated May 31, 2000, submitted in
connection with Petition 99-10-8-25 by Redford Oak Plaza, on behalf of Big Lots, was
received and placed on file for the information of the Council
A communication from Ralph Williams, 18630 Foch, dated March 11, 2000
re a proposal to have better communication between the City of Livonia and potential
petitioners for businesses in the City was received and placed on file for the information
of the Council
A communication from the Inspection Department, dated May 25, 2000,
re a review of the existing conditions at the proposed Big Lots site, 30000 Plymouth
Road, was received and placed on file for the information of the Council (CR 185-00)
On a motion by Walsh, seconded by Engebretson, it was
CR 413-00 RESOLVED, that having considered the report and
recommendation of the Committee of the Whole, dated May 15, 2000,
32327
submitted pursuant to Council 185-00, and a communication from the City
Planning Commission, dated February 16, 2000, which transmits its
resolution 2-31-2000 adopted on February 8, 2000, with regard to Petition
99-10-8-25 submitted by Redford Oak Plaza, on behalf of Big Lots,
requesting site plan approval in connection with a proposal to renovate a
portion of the exterior building elevation of the commercial building located
at 30000 Plymouth Road in the Southeast 1/4 of Section 26, 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 99-10-8-25 is hereby approved and
granted, subject to the following conditions
1 That the front exterior of the building shall be constructed in
accordance with Front Exterior Elevation No A as depicted on
Sheet A.1 of the proposed Front Elevation Plan, dated May 30,
2000, as revised, prepared by Dimensions in Architecture,
2 That light fixtures shall be installed and used as an architectural
feature, with added fixtures at the far left and far right columns of
Big Lots' entrance,
3 That a color scheme consistent with the current color scheme of
4 Media Play shall be adhered to,
That the dryvit and red band shall be extended along the west
portion of the building,
5 That the front façade incorporate either a "door" or "windows" to
aesthetically enhance the area between the proposed entrance to
petitioner's store and the entrance to Media Play;
6 That the petitioner shall correct to the Inspection Department's
satisfaction the following site deficiencies as outlined in the
correspondence dated May 25, 2000.
That the entire parking lot shall be repaved and the
pavement behind the front building line shall be repaired,
That the damaged concrete curbing shall be repaired or
replaced,
That the masonry planter box shall be repaired or removed,
That all trash and debris shall be removed from the Garden
Center area, the damaged gates and doors shall be repaired
32328
and painted, and all peeling and rusted metal shall be
repainted,
That all coping/flashing and all stained and faded E I F S on
the Media Play store front shall be repainted,
That all landscaping in the island areas shall be restored and
maintained, and all dead or dying trees shall be replaced,
That all graffiti shall be removed from the building; and
That all trash and debris shall be removed from the north
and east fence line,
7 That only the 111 sq ft. "Big Lots" wall sign, as shown on the
approved elevation plan and the sign packet by All Star Signs, is
hereby approved and shall be adhered to,
8 That the panels of the ground sign shall be equally divided between
the two tenants at 15 sq ft. each, or no additional graphics shall be
permitted, and
9 That any additional signage for this site shall come back before the
Planning Commission and City Council for their review and
approval
A roll call vote was taken on the foregoing resolution with the following result:
AYES Engebretson, Vandersloot, Walsh, Pastor, and Brosnan
NAYS Duggan and Laura
The President declared the resolution duly adopted
On a motion by Duggan, seconded by Laura, it was
RESOLVED, that having considered the report and
recommendation of the Committee of the Whole, dated May 15, 2000,
submitted pursuant to Council 72-00, and a communication from the City
Planning Commission, dated November 10, 1999, which sets forth its
resolution 11-190-99 adopted on November 9, 1999, with regard to
Petition 99-9-2-28, submitted by Modern Moving Company requesting
waiver use approval to permit outdoor parking of moving company
vehicles on property located on the south side of Eight Mile Road between
Merriman Road and Osmus Avenue in the Northeast 1/4 of Section 3, and
also having considered a separate communication from the City Planning
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Commission, dated November 10, 1999, and the Council having
conducted a Public Hearing with regard to this matter on January 10,
2000, pursuant to Council Resolution 824-99, the Council does hereby
deny said Petition 99-9-2-28
A roll call vote was taken on the foregoing resolution with the following result:
AYES Duggan and Laura
NAYS Engebretson, Vandersloot, Walsh, Pastor and Brosnan
The President declared the resolution failed
A communication from the Department of Law, dated June 1, 2000 re
cost of $250 00 for inspection time relative to violations issued by the Inspection
Department against Dennis Rice, owner of Modern Moving, was received and placed on
file for the information of the Council (Petition 99-9-2-28)
On a motion by Engebretson, seconded by Vandersloot, it was
CR 414-00 RESOLVED, that having considered the report and
recommendation of the Committee of the Whole, dated May 15, 2000,
submitted pursuant to Council 72-00, and a communication from the City
Planning Commission, dated November 10, 1999, which sets forth its
resolution 11-190-99 adopted on November 9, 1999, with regard to
Petition 99-9-2-28, submitted by Modern Moving Company requesting
waiver use approval to permit outdoor parking of moving company
vehicles on property located on the south side of Eight Mile Road between
Merriman Road and Osmus Avenue in the Northeast 1/4 of Section 3, and
also having considered a separate communication from the City Planning
Commission, dated November 10, 1999, and the Council having
conducted a public hearing with regard to this matter on January 10, 2000,
pursuant to Council Resolution 824-99, the Council does hereby concur in
the recommendation of the City Planning Commission and said Petition
99-9-2-28 is hereby approved and granted, subject to the following
conditions
1 That no more than three (3) trucks/trailers are to be parked or
stored at any one time on that portion of the subject property
located 50 feet south of the existing building,
2 That moving company trucks shall not be parked or stored any
closer to the Eight Mile Road right-of-way line than the offset in the
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westerly building wall marking the south end of the office portion of
the building, nor shall any moving company trucks be parked any
further south than the rear wall of the existing building,
3 That other than routine maintenance, there shall be no on-site
repair of trucks and other vehicles,
4 That all the existing barbed wire on top of the chain link fence
enclosing the subject property shall be removed,
5 That the petitioner shall correct to the Inspection Department's
satisfaction the following site deficiencies as outlined in their
correspondence dated September 29, 1999
That the debris in the southeast corner of the site shall be
cleaned up,
-
That parking areas shall be repaired, resealed and double-
striped, and barrier-free parking shall be provided in
conformance to the Michigan Barrier Free Rules as to size
and location,
6 That all of the conditions imposed on this site in connection with
Zoning Board of Appeals Case No 8609-157 shall be adhered to,
7 That the use of the existing loud speakers, which presently is a
nuisance to the residential neighborhood to the south, shall be
discontinued, and
8 That petitioner shall pay all city inspection costs as a condition
precedent of approval, and shall remove the outside speakers and
barbed wire before issuance of any zoning compliance permits
A roll call vote was taken on the foregoing resolution with the following result:
AYES Engebretson, Vandersloot, Walsh and Brosnan
NAYS Pastor, Duggan and Laura
The President declared the resolution duly adopted
A communication from the Department of Community Resources, dated
May 3, 2000 submitted pursuant to Council Resolution 849-99, was received and placed
on file for the information of the Council
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A communication from the Chairperson of the Livonia Historical
Commission, dated May 16, 2000, re a report of the statement of funds available for
work on the Alexander Blue House, was received and placed on file for the information
of the Council
A communication from the Department of Community Resources, dated
May 3, 2000, re Concept plans for restoration/completion of the Alexander Blue House
at Greenmead, was received and placed on file for the information of the Council (CR
850-99)
On a motion by Engebretson, seconded by Vandersloot, and unanimously
adopted, it was.
CR 415-00 RESOLVED, that having considered the report and
recommendation of the Capital Improvement Committee, dated May 16,
2000, submitted pursuant to Council Resolution 91-96, regarding the
renovation of the Alexander Blue House, the Council does hereby
authorize the Director of Public Works, together with the Director of
Community Resources and the Director of Finance, to advertise and solicit
proposals from qualified architects to prepare a detailed schematic design,
elevation and cost estimate for the restoration of the Alexander Blue
House based upon the concept plan presented to the Capital
Improvement Committee on May 16, 2000, the same to thereafter be
submitted to Council for its consideration, FURTHER, the Council does
hereby direct that this item shall remain in committee for further
consideration
A Site Plan, received by the City Council Office, dated May 24, 2000, for
the proposed Single Family Residential Development (Existing Zoning District RUFA to
remain), relative to Petition 99-11-1-20 submitted by Leo Soave, was received and
placed on file for the information of the Council (CR 257-00)
Councilmember Duggan left the podium at 8 47 p m due to a conflict of interest.
32332
A communication from Leo Soave, dated May 31, 2000, re withdrawing
Petition 99-11-1-20 from consideration of the Council, was received and placed on file
for the information of the Council
On a motion by Vandersloot, seconded by Walsh, and unanimously
adopted, it was
CR 416-00 RESOLVED, that having considered the report and
recommendation of the Committee of the Whole, dated May 24, 2000,
submitted pursuant to Council Resolution 257-00, and a communication
from the City Planning Commission, dated January 28, 2000, which sets
forth its resolution 1-13-2000, adopted on January 25, 2000, with regard to
Petition 99-11-1-20, submitted by Leo Soave Builders, for a change of
zoning of property located on the south side of Six Mile Road between
Oporto Street and Middlebelt Road in the Northeast 1/4 of Section 14,
from RUFA to R-1, and the Council having conducted a public hearing
with regard to this matter on Monday, March 20, 2000, pursuant to Council
Resolution 95-00, the Council does hereby concur in the recommendation
of the Planning Commission and Petition 99-11-1-20 is hereby denied for
the following reasons
1 That the proposed change of zoning is inconsistent with the
predominate RUF zoning in the area,
2 That the change of zoning would provide for lot sizes which are
smaller than the prevailing lot sizes in the area,
3 That the proposed change of zoning is incompatible to and not in
harmony with the general character of the area, and
4 That the proposed change of zoning is not necessary for the
continued use of the subject property for residential purposes
Councilmember Duggan returned to the podium at 8 53 p m
On a motion by Duggan, seconded by Pastor, it was
CR 417-00 RESOLVED, that having considered a communication from
the City Assessor, dated May 8, 2000, approved for submission by the
Mayor, with regard to a request from Mr Kim Kostich, Anchor Homes
Corporation, P0 Box 510054, Livonia, Michigan 48151, 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
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approve of the proposed division of Tax Item No 46-051-01-0255-000 into
two (2) parcels, the legal descriptions of which shall read as follows
PARCEL A
The west 70 0 feet of Lot 255 of "Supervisor's Livonia Plat No 3", of part
of the N 1/2 of S W '/4 of Sec. 13, T 1S , R. 9 E , Livonia Twp , Wayne
Co , Mich Subject to easements and restrictions of record L. 66 P 16
Wayne County Records
PARCEL B
The east 70 0 feet of Lot 255 of "Supervisor's Livonia Plat No 3", of part
of the N 1/2 of S W 1/4 of Sec. 13, T 1S , R. 9 E , Livonia Twp , Wayne
Co , Mich Subject to easements and restrictions of record L 66 P 16
Wayne County Records
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
A roll call vote was taken on the foregoing resolution with the following result:
AYES Engebretson, Vandersloot, Walsh, Pastor, Duggan and Brosnan
NAYS Laura
The President declared the resolution duly adopted
On a motion by Duggan, seconded by Engebretson, it was
RESOLVED, that having considered a communication from
the City Planning Commission, dated February 15, 2000, which transmits
its resolution 2-29-2000, adopted on February 8, 2000, with regard to
Petition 99-12-SN-17, submitted by Flooring America, requesting approval
for signage for the commercial building located at 30295 Plymouth Road
in the Northeast 1/4 of Section 36, the Council does hereby concur in the
recommendation of the Planning Commission and Petition 99-12-SN-17 is
hereby approved, subject to the following conditions
1 That the Sign Package submitted by Toledo Sign, as received by
the Planning Commission on December 17, 1999, is hereby
approved and shall be adhered to, except for the following
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That the wall sign for the north elevation of the building shall
not exceed 44 sq ft. in sign area, and
That the wall sign for the east elevation of the building shall
not exceed 44 sq ft. in sign area,
2 That all signage shall not be illuminated between the hours of
midnight and 5.00 a m
3 That this approval is subject to the petitioner being granted a
variance from the Zoning Board of Appeals for excess of the
number of signs and the amount of sign area allowed by the sign
ordinance,
4 That any additional signage shall come back before the Planning
Commission and City Council for their review and approval, and
5 That any "bleeding" of the letters that appears to the mansard roof
shall be repainted so as not to show
Councilmember Engebretson withdrew his support from the foregoing resolution
On a motion by Duggan, seconded by Walsh, it was
tiro CR 418-00 RESOLVED, that having considered a communication from
the City Planning Commission, dated February 15, 2000, which transmits
its resolution 2-29-2000, adopted on February 8, 2000, with regard to
Petition 99-12-SN-17, submitted by Flooring America, requesting approval
for signage for the commercial building located at 30295 Plymouth Road
in the Northeast 1/4 of Section 36, the Council does hereby concur in the
recommendation of the Planning Commission and Petition 99-12-SN-17 is
hereby approved, subject to the following conditions
1 That the Sign Package submitted by Toledo Sign, as received by
the City Council on March 23, 2000, by Drawing #6340, is hereby
approved and shall be adhered to, except for the following
That the wall sign for the north elevation of the building shall
not exceed 43 sq ft. in sign area, and one line of copy, and,
- That the wall sign for the east elevation of the building shall not
exceed 43 sq ft. in sign area, and one line of copy
2 That all signage shall not be illuminated between the hours of
midnight and 5 00 a m
3 That this approval is subject to the petitioner being granted a
variance from the Zoning Board of Appeals for excess of the
number of signs and the amount of sign area allowed by the sign
ordinance,
4 That any additional signage shall come back before the Planning
Commission and City Council for their review and approval, and
5 That any "bleeding" of the letters that appears to the mansard roof
shall be repainted so as not to show
A roll call vote was taken on the foregoing resolution with the following result:
AYES Engebretson, Vandersloot, Walsh, Duggan, Laura and Brosnan
NAYS Pastor
The President declared the resolution duly adopted
On a motion by Duggan, seconded by Walsh, and unanimously adopted, it
was
CR 419-00 RESOLVED, that having considered a communication from
the City Planning Commission, dated April 12, 2000, which transmits its
resolution 4-75-2000 adopted on April 11, 2000, with regard to Petition 97-7-
8-18, submitted by Hearthstone Assisted Living, requesting approval to
amend the site plan which was approved in connection with this petition for
construction of an assisted living facility on property located at 15670
Newburgh Road in the Southwest 1/4 of Section 17, the Council does
hereby concur in the recommendation of the Planning Commission and the
revisions to Petition 97-7-8-18 are hereby approved and granted, subject to
the following conditions
1 That the site plan marked Sheet C3 prepared by Mannik & Smith,
Inc , as revised, dated May 11, 2000, is hereby approved and shall
be adhered to, with the addition of a deceleration lane at the
entrance drive as requested by the Traffic Bureau subject to the
review and approval of the Engineering Division,
2 That the landscape plan dated May 11, 2000, as revised, prepared
by Land Design, is hereby approved and shall be adhered to, and it
shall also include additional evergreen trees and shrubs adjacent to
the parking areas to the satisfaction of the Planning Director;
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3 That all disturbed lawn areas shall be sodded in lieu of
hydroseeding,
4 That underground sprinklers are to be provided for all landscaped
and sodded areas, and all planted materials shall be installed to the
satisfaction of the Inspection Department and thereafter
permanently maintained in a healthy condition,
5 That the exterior building elevation plan prepared by Maxwell
Johanson Maher Architects, as received by the Planning
Commission on April 7, 2000, is hereby approved and shall be
adhered to,
6 That the brick used in the construction of the buildings shall be full-
face four (4") inch brick, no exceptions,
7 That the three walls of the trash dumpster area shall be constructed
out of the same brick used in the construction of the building, and
the enclosure gates shall be maintained and, when not in use,
closed at all times,
8 That all light standards shall be of ornamental design, not
exceeding a height of 16 feet, and shall be shielded from the
adjacent properties, as shown on the additional information
biro submitted to the City Council Office on May 16, 2000,
9 That the petitioner shall correct to the Engineering Division's
satisfaction the following site deficiency as outlined in the
correspondence dated March 17, 2000
that a linear drainage system along the east property line,
preventing additional storm water problems, shall be
installed,
10 That the petitioner shall correct to the Fire Department's satisfaction
the following site deficiencies as outlined in the correspondence
dated March 6, 2000
that on-site hydrants shall be located between 50 ft. and 100
ft. from Fire Department connections
that adequate hydrants shall be provided and their spacing
shall be consistent with City ordinances,
32337
that access around buildings shall be provided for
emergency vehicles with turning radius up to 45 ft. wall-to-
wall and a minimum vertical clearance of 13-1/2 ft.,
11 That the ground sign, as shown on the approved elevation plan, is
hereby approved and shall be constructed out of the same brick as
the principal building,
12 That the north driveway shall be restricted to one-way ingress and
the south driveway to one-way egress, for employees and vendors,
subject to the review and approval of the Traffic Bureau and/or
Engineering Division,
13 That the north driveway shall be moved 40 feet so as to be located
between Sherwood Court North and Sherwood Court South, and
14 That the building be limited to a height of 33'2" as depicted on the
plan received by the City Council Office on May 16, 2000, showing
the front elevation of the proposed facility
A communication from the Engineering Division, dated May 24, 2000, re
drainage concerns at the Hearthstone Assisted Living Facility, was received and filed for
the information of the Council (Petition 97-7-8-18)
A Preliminary Drainage Plan, submitted by Mannik & Smith, dated June 5,
2000, re Hearthstone Assisted Living Facility, 15670 Newburgh Road, was received
and placed on file for the information of the Council (Petition 97-7-8-18)
Mr Tangora of Brashear, Tangor & Spence was present to answer
questions of the Council
Mr Charles Fields of Hearthstone Assisted Living, Inc and Brian Geer of
Mannick & Smith, architect for the Hearthstone Assisted Livonia facility, spoke to the
Council regarding Petition 97-7-8-18
Denice Woods DiBiase, 15619 Liverpool, Livonia spoke to the Council
regarding the Hearthstone Assisted Living Facility to be located at 15670 Newburgh
Road (Petition 97-7-8-18)
On a motion by Duggan, seconded by Walsh, and unanimously adopted, it
was
REVISED - IDD
32338
CR 420-00 WHEREAS, pursuant to Act No 198 of the Public Acts of
1974, as amended, this Council has the authority to establish industrial
development districts within the boundaries of the City of Livonia, and
WHEREAS, a proposal was made regarding the establishment of an
industrial development district encompassing land situated in the City of
Livonia and comprised of an area of approximately 2 15 acres lying in the
Southwest 1/4 of Section 27, more particularly described in Exhibit A,
attached hereto and incorporated by reference herein, which area is
hereinafter referred to as "City of Livonia Industrial Development District
No. 80", and
WHEREAS, written notice has been given by certified mail to Delta
Research Corporation of the Council's pending action on this resolution
and of its right to a hearing on the establishment of proposed City of
Livonia Industrial Development District No 80 and
WHEREAS, notice has been given to all interested owners, residents and
taxpayers in the Livonia area of a public hearing on the establishment of
the proposed City of Livonia Industrial Development District No 80, and
WHEREAS, on May 10, 2000, a public hearing was held on the
establishment of proposed City of Livonia Industrial Development District
No 80, at which time Delta Research Corporation and other taxpayers
and residents of the City of Livonia had an opportunity to be heard (a copy
of the statements both written and oral made at such hearing being on file
with this City Council), and a representative of Delta Research
Corporation attended said hearing and acknowledged receipt of notice of
such hearing on behalf of the said corporation,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
LIVONIA, AS FOLLOWS
1 An Industrial Development District is hereby established, such
district to consist of the area described in Exhibit A, attached
hereto
2 Such Industrial Development District is hereby designated as the
"City of Livonia Industrial Development District No 80"
EXHIBIT A
27E6B1 El 0C3B2A THAT PART OF THE SW
SEC OF7 T1S R93 DES AS BEG AT THE
POINT DIS OD OOM 39 SEC E ALONG THE
W SEC LINE E 1619 80 FT AND S 89D 13M 14
SEC E 1000 31 FT FROM THE SW COR OF
32339
SEC 27 AND PROC TH S 89D 13M 14 SEC E
196 10 FT TH
On a motion by Walsh, seconded by Engebretson, and unanimously
adopted, it was
CR 421-00 RESOLVED, that the Council does hereby refer the parking
lot proposal and Petition 00-2-2-5 back to the Planning Commission for a
new report and recommendation
A communication from the Planning Department, dated June 1, 2000, re
the adequacy of off-street parking for the businesses located at the northeast corner of
Seven Mile and Farmington Roads, including Wintergarden Tavern, LL C , was
received and placed on file for the information of the Council (Petition 00-2-2-5)
A communication from the Department of Law, dated June 2, 2000, re
the history of the parking situation at the Wintergarden Tavern, L.L.0 , along with the
legal implications of denial of the proposed waiver use petition, was received and
placed on file for the information of the Council (Petition 00-2-2-5)
David Hood spoke on behalf of the Wintergarden, L.L.0 and answered
questions of the Council
Ken Operhall, 19130 Westmore, spoke to the Council regarding the
availability of documentation to the residents relative to proposed Petition 00-2-2-5,
Wintergarden, L.L.0
On a motion by Duggan, seconded by Laura, and unanimously adopted, it
was.
CR 422-00 RESOLVED, that having considered a communication from
the City Planning Commission, dated April 7, 2000, which sets forth its
resolution 3-59-2000 adopted on March 28, 2000, with regard to Petition
00-2-2-5 submitted by Fulcrum Real Estate, L.L.0 , on behalf of
Wintergarden Tavern, L.L.0 , requesting waiver use approval to expand
the liquor license serving area in an existing building located on the
Northeast corner of Seven Mile Road and Farmington Road in the
32340
Southwest 1/4 of Section 3, which property is zoned C-2, and the Council
having conducted a Public Hearing with regard to this matter on Monday,
May 22, 2000, pursuant to Council Resolution 278-00, the Council does
hereby refer the subject of the parking lot proposal at Fat Willy's to the
Administration for its report and recommendation
On a motion by Duggan, seconded by Pastor, and unanimously adopted,
it was.
CR 423-00 RESOLVED, that having considered a communication from
the Director of Community Resources, dated May 1, 2000, which bears
the signature of the Director of Finance and is approved for submission by
the Mayor, the Council does, for and on behalf of the City of Livonia,
accept the donation of Farmer Jack Gift Certificates in the total amount of
$490 00 from the Kiwanis Early Risers to the Community Resources
Department to be used as indicated in the aforesaid communication.
On a motion by Engebretson, seconded by Pastor, and unanimously
adopted, it was
CR 424-00 RESOLVED, that having considered a communication from
the Chief of Police, dated May 11, 2000, approved for submission by the
Mayor, requesting permission to place lawn signs in front of several City
buildings reminding and encouraging motorists to wear seatbelts, to
coincide with ABC (America Buckles UP Children) and the Drive Michigan
Safely traffic enforcement grant and which signs would be displayed from
May 17, 2000 through July 8, 2000, the Council does hereby approve and
grant this request in the manner and form herein submitted
Sgt. Wes McKee, Livonia Police Department, was present and showed
samples of the lawn signs that will be placed in conjunction with the ABC (America
Buckles UP Children) Program, and spoke to the effectiveness of the program
During the audience communication portion of the meeting, Helen Oppat
spoke abut the 17th Annual Craft Show at St. Aidan's Church
Councilmember Pastor spoke about the success of the Childrens' Miracle
Network and thanked all who donated to this cause He stated they raised over
$208,000,000 nationally and $2,000,000 locally
Councilmember Engebretson reminded everyone of the Greenmead
Garden Walk that is to be held on June 24, 2000
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Councilmember Duggan reminded everyone to vote in the school election
to be held on June 12, 2000
On a motion by Duggan, seconded by Pastor, and unanimously adopted,
this 1418th Regular Meeting of the Council of the City of Livonia was adjourned at 9 37
p.m , June 5, 2000
ttircf- )U11., '
Alan McCotter, City Clerk