HomeMy WebLinkAboutCOUNCIL MINUTES 1999-12-06 31998
MINUTES OF THE ONE THOUSAND FOUR HUNDRED SIXTH
REGULAR MEETING OF DECEMBER 6, 1999
On December 6, 1999, 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 delivered the invocation
Roll was called with the following result: Joe Laura, John J Walsh, Val I
Vandersloot, John R. Pastor, Brian Duggan and Jack Engebretson
Absent: Maureen Miller Brosnan - illness
Elected and appointed officials present. Jack E. Kirksey, Mayor; Mark Taormina, City
Planner; Cathy White, Chief Assistant City Attorney; Mary Rutan, Personnel Director;
Linda McCann, Director of Community Resources, Ron Reinke, Superintendent of
Parks & Recreation, Karen Szymula, Director of Legislative Affairs, Joan McCotter, City
Clerk; and Ian Wilshaw, Traffic Commission
On a motion by Duggan, seconded by Pastor, it was
#813-99 RESOLVED, that the minutes of the 1,405th Regular Meeting
of the Council held November 22, 1999 are hereby approved as
submitted
AYES Laura, Walsh, Pastor, Duggan and Engebretson
NAYS None
ABSTAIN Vandersloot
During an audience communication, Henry Bohm, 14498 Yale, questioned
the Goodfellows' use of the City Clerk's address for drop and return mail
On a motion by Laura, seconded by Duggan, and unanimously adopted, it
was
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#814-99 RESOLVED, that regarding the subject matter of the use of
the City Clerk's office as a mailing address in connection with charitable
solicitations, the Council does hereby refer this matter to the Legislative
Committee for its report and recommendation
On a motion by Laura, seconded by Duggan, and unanimously adopted, it
was.
#815-99 RESOLVED, that regarding the subject matter of the use of
the City Clerk's office as a mailing address in connection with charitable
solicitations, the Council does hereby refer this matter to the
Administration for its report and recommendation
Mayor Kirksey invited everyone to attend the City Tree Lighting ceremony
to be held at City Hall on December 7, 1999
Council President Engebretson invited everyone to attend the
Inauguration Ceremony of the newly elected officials of the City to be held on December
12, 1999
Councilmember Pastor wished his wife, Linda, a "Happy Birthday"
A communication from the Engineering Division, dated December 3, 1999,
re the status of the Rosedale Gardens Paving Project, was received and placed on file
for the information of the Council
A communication from the Engineering Division, dated November 3, 1999,
re the status of the Whispering Pines Site Condominiums, was received and placed on
file for the information of the Council
A communication from the Engineering Division, dated November 29,
1999, re the status of the Whispering Pines Site Condominiums, was received and
placed on file for the information of the Council
A communication from the Department of Finance, dated November 18,
1999 re forwarding various financial statements of the City of Livonia for the month
ending October 31, 1999, was received and placed on file for the information of the
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Council
A communication from Bill Craig, 20050 Milburn, dated December 5, 1999,
re his objection to the construction of an asphalt fitness trail at Bicentennial Park and
his request to substitute a crushed stone fitness trail, was received and placed on file for
the information of the Council (Agenda Item #2)
A communication from Department of Parks and Recreation, dated
December 6, 1999, re the appropriateness of an asphalt fitness trail at Bicentennial
Park, was received and placed on file for the information of the Council (Agenda Item
#2)
On a motion by Duggan, seconded by Vandersloot, it was
#816-99 RESOLVED, that having considered the report and
recommendation of the Director of Community Resources, dated
November 12, 1999, which bears the signature of the Director of Finance
and is approved for submission by the Mayor, requesting approval of grant
classifications and pay rates for Fiscal Year 2000, the Council does
hereby approve of the attached Grant Classifications and Compensation
Plan for staff employment for Fiscal Year 2000 through the Department of
Community Resources for the period October 1, 1999, through September
30, 2000, with the only benefit provided being Holiday Pay after the
completion of 480 hours
#817-99 RESOLVED, that having considered a communication from
the Superintendent of Parks and Recreation, dated November 15, 1999,
which bears the signature of the Director of Finance and is approved for
submission by the Mayor, and which transmits resolution #2492-99
adopted by the Parks and Recreation Commission on October 4, 1999,
wherein it is requested that the Council approve a Grant Application for a
grant from the Michigan Department of Transportation under the
Intermodal Surface Transportation Efficiency Act of 1991 (ISTEA) for a
fitness/bicycle path at McNamara Bicentennial Park, the Council does
hereby approve the Grant Application in the manner and form herein
submitted with the understanding that the total amount of the Grant being
requested is $121,499 14, and does hereby authorize the Superintendent
of Parks and Recreation to submit the application to the Michigan
Department of Transportation
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#818-99 RESOLVED, that having considered the report and
recommendation of the Superintendent of Public Service and the Director
of Public Works, dated November 9, 1999, which bears the signature of
the Director of Finance and is approved for submission by the Mayor,
submitted pursuant to Council Resolution 631-99 adopted on September
15, 1999, the Council does hereby accept the bid of Michigan Cat, 24800
Novi Road, Novi, Michigan 48375, for supplying the Public Service
Division (Road Maintenance Section) with two (2) trailer-mounted 13"
brush chippers for a net price of $47,000 00, based on a total price of
$56,260 00 less trade-ins of $9,260 00, the same having been in fact the
lowest bid received and meets all specifications
#819-99 RESOLVED, that having considered a communication from
the Economic Development Manager, dated November 18, 1999, which
bears the signature of the Director of Finance and is approved for
submission by the Mayor, the Council does hereby authorize the
expenditure of a sum not to exceed $25,000 00 from Account No 101-
805-818-000 for the City's third year investment in the Livonia Economic
Development Partnership for the period November, 1999, through
October, 2000, in order to support its efforts in the areas of business
retention and attraction, workforce development and investor relations
#820-99 RESOLVED, that having considered the report and
recommendation of the Director of Public Works and the City Engineer,
dated November 8, 1999, approved for submission by the Mayor, and a
subsequent communication from the City Engineer, dated November 22,
1999, the Council does hereby amend Item No 7 of Council Resolution
54-97, adopted on January 29, 1997, as amended by Council Resolution
861-97, so as to reduce the financial assurances now on deposit with the
City for Sidewalk Improvements to $3,000 00 ($1,000 00 cash) in the
Castle Woods Subdivision, located in the southeast 1/4 of Section 19, and
the financial assurances now on deposit with the City, if any, shall be
reduced accordingly; FURTHER, the Council does hereby authorize the
release to Michael L. Priest & Associates, Inc., 37511 Schoolcraft, Livonia,
Michigan 48150, the proprietor of the Castle Woods Subdivision, of the
financial assurances previously deposited with respect to the General
Improvement Bond in the amount of $4,070 00 of which $2,000 00 is in
cash, the Grading and Soil Erosion Bond in the amount of $2,000 00, the
Landscaping Bond in the amount of $8,500 00 of which $3,000 00 is in
cash, and the Monuments and Markers Bond in the amount of$585 00
#821-99 RESOLVED, that having considered the report and
recommendation of the Director of Public Works and the City Engineer,
dated November 12, 1999, which bears the signature of the Director of
Finance and is approved for submission by the Mayor, to which is
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attached a summary outlining the final allocation of costs in connection
with the 1997 Sidewalk Program previously authorized in Council
Resolution 232-97, the Council does hereby establish the final project cost
at $243,400 68 of which $110,358 93 shall be charged to the Single Lot
Assessments and $133,041 75 shall be charged to the following City
Funds. $77,031 13 to the Michigan Transportation Fund ($32,320 53 to
the Major Road Account and $44,710 60 to the Local Road Account),
$6,503 86 to the Newburgh Village improvements, $6,384 84 to the Silver
Village improvements, $7,356 58 to the Noble Library improvements,
$24,460 37 to the Botsford and Clements Circle Pools improvements, and
$11,304 97 to the Rotary Park improvements
#822-99 WHEREAS, the City of Livonia is currently involved in the
following described litigation or controversy
Federal Communications Commission proceeding to
preempt right-of-way management, compensation and
fees, preempt state and local taxation of telephone
companies, preempt zoning, building and other
ordinances applicable to fixed wireless and other
telephone companies, and,
WHEREAS, the City believes that the issues involved in such litigation or
controversy are such that the Michigan Municipal League Legal Defense
Fund may wish to provide supportive aid in such litigation or controversy;
and
WHEREAS, the City desires to receive the assistance of the Michigan
Municipal League Legal Defense Fund,
NOW, THEREFORE, BE IT RESOLVED, that the City of Livonia hereby
authorizes the appropriate municipal officials to request supportive aid
from the Michigan Municipal League Legal Defense Fund in the litigation
or controversy described above It is agreed that acceptance of such
support shall constitute an agreement by the requesting municipality to
abide by any conditions placed upon the aid offered by the Fund
A communication from the Department of Law, dated November 15,
1999, re Administrative Response - the City Council's Public Hearing process as it
relates to Telecommunications Permit Applications - was received and placed on file for
the information of the Council (CR 613-99)
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#823-99 RESOLVED, that having considered a communication from the
City Planning Commission, dated November 18, 1999, which transmits its
resolution 11-188-99 adopted on November 9, 1999, with regard to Petition
99-10-8-26 submitted by Van Born Plaza, on behalf of the Livonia Five Plaza,
requesting site plan approval in connection with a proposal to renovate the
exterior building elevations of the commercial center located at 28423 Five
Mile Road in the Northwest 1/4 of Section 24, pursuant to the provisions set
forth in Section 18 58 of Ordinance No 543, as amended, the Council does
hereby concur in the recommendation of the Planning Commission and
Petition 99-10-8-26 is hereby approved and granted, subject to the following
conditions
1 That the "Liv-5 Plaza Exterior Renovations" plans prepared by Paul
Fritz Associates, dated October 13, 1999, are hereby approved and
shall be adhered to,
2 That the damaged areas of the parking lot shall be repaired, and
the entire lot shall be resealed and double-striped,
3 That the wall signs shown on the approved elevations plans are not
approved with this petition,
4 That the existing pylon sign is not approved as part of the site plan,
5 That the location of the dumpster(s) is not approved as part of the
site plan and shall be referred back to the Planning Commission for
further study; and
6 That the material at the base of the decorative columns shall consist
of either concrete or concrete board for added durability
#824-99 RESOLVED, that having considered a communication from
Gerald A. Bagazinski, P C , on behalf of Modern Moving Company, dated
November 19, 1999, 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 November 9, 1999, by the City
Planning Commission in its resolution 11-190-99 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 Avneue in the Northeast 1/4 of Section 3, which
property is zoned M-1, the Council does hereby designate Monday,
January 10, 2000, at 7 00 p m as the date and time for conducting a
Public Hearing with regard to this matter, such hearing to be held at the
City Hall, 33000 Civic Center Drive, Livonia, Michigan, and the City Clerk
is hereby requested to do all things necessary in order to give proper
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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
#825-99 RESOLVED, that in accordance with the provisions set forth
in Section 4 of Act 207 of the Public Acts of Michigan of 1921, as
amended, the City Zoning Act (MSA 5 2934, MCLA 125 584), as well as
Article XXIII of Ordinance 543, as amended, the Zoning Ordinance of the
City of Livonia, the Council does hereby determine that a Public Hearing
will take place before the City Council of the City of Livonia on Monday,
January 10, 2000, at 7 00 p m at the City Hall, 33000 Civic Center Drive,
Livonia, Michigan, with respect to the following item
Petition 99-10-1-18, submitted by Ward Evangelical Presbyterian
Church, on behalf of Phoenix Land Development, for a change of
zoning of property located on the Southeast corner of the
intersection of Six Mile Road and Farmington Roads between
Bloomfield Drive and Six Mile Road, in the Northwest 1/4 of Section
15, from RUF to C-1 and R-8II, the City Planning Commission in its
resolution 11-205-99 having recommended to the City Council that
Petition 99-10-1-18 be approved,
FURTHER, the City Clerk is hereby requested to, no less than fifteen (15)
days prior to the aforesaid date of said public hearing, cause to have a
statement indicating the (a) nature of the proposed amendment to the
Zoning Ordinance, and/or (b) location of the proposed change of zoning
as set forth above, first to be published in the official newspaper of the City
or a newspaper of general circulation in the City of Livonia as well as to,
not less than fifteen (15) days prior to said public hearing, cause to have
notice to be given by certified mail to each public utility company and to
each railroad company owning or operating any public utility or railroad
within the districts or zones affected, and further, the City Clerk is
requested to do all other things necessary or incidental to the full
performance of this resolution
A roll call vote was taken on the foregoing resolutions with the following result:
AYES Laura, Walsh, Vandersloot, Pastor, Duggan and Engebretson
NAYS None
A communication from the Engineering Division, dated October 6, 1999,
re status report on the Stormwater Management Study for September, 1999, was
32005
received and placed on file for the information of the Council
A communication from the Engineering Division, dated November 12,
1999, re status report on the Stormwater Management Study for October, 1999, was
received and placed on file for the information of the Council
A communication from the Department of Public Works, Engineering
Division, dated August 5, 1999, re Handicapper Ramps - City Wide Program, was
received and placed on file for the information of the Council (CR# 491-99)
On a motion by Laura, seconded by Duggan, and unanimously adopted, it
was
#826-99 RESOLVED, that having considered the report and
recommendation of the Streets, Roads and Plats Committee, dated
November 23, 1999, submitted pursuant to Council Resolution 490-99,
regarding the subject of sidewalk replacement, the Council does hereby
determine to take no further action on this matter
On a motion by Laura, seconded by Pastor, and unanimously adopted, it
was
#827-99 RESOLVED, that having considered the report and
recommendation of the Streets, Roads and Plats Committee, dated
November 23, 1999, submitted pursuant to Council Resolution 547-99,
regarding requests for assistance from Ralph Horn, Pat Culver, Gerald
Marrone and Mr and Mrs Scott Newell in connection with sidewalk repair
and replacement and sewage backup problems due to tree roots, the
Council does hereby refer this subject to the Department of Public Works
and the Community Tree Committee for their reports and
recommendations, such reports to be submitted by January 31, 2000
Councilmember Laura gave first reading to the following Ordinance
AN ORDINANCE AMENDING SECTION 33
OF THE ZONING MAP OF THE CITY OF LIVONIA
AND AMENDING ARTICLE III OF ORDINANCE NO
543, AS AMENDED, KNOWN AND CITED AS "THE
CITY OF LIVONIA ZONING ORDINANCE" BY ADDING
SECTION 3 THERETO (Petition 99-4-1-4) (CR 657-99)
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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
Councilmember Laura gave first reading to the following Ordinance
AN ORDINANCE AMENDING SECTION 33 OF
THE ZONING MAP OF THE CITY OF LIVONIA
AND AMENDING ARTICLE III OF ORDINANCE
NO 543, AS AMENDED, KNOWN AND CITED
AS "THE CITY OF LIVONIA ZONING ORDINANCE"
BY ADDING SECTION 3 THERETO
(Petition 99-6-1-8) (CR 789-99)
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
A communication from Mr and Mrs Jack Pelon, Jr , dated October 29,
1999, re withdrawal of their lot split application, was received and placed on file for the
information of the Council (CR 681-99)
On a motion by Laura, seconded by Pastor, and unanimously
adopted, it was
#828-99 RESOLVED, that having considered the report and
recommendation of the Streets, Roads and Plats Committee, dated
November 23, 1999, submitted pursuant to Council Resolution 681-99,
and a communication from the City Assessor, dated August 31, 1999,
approved for submission by the Mayor, with regard to a request from Mr
and Mrs. Jack Pelon, Jr , 20320 Purlingbrook, Livonia, Michigan 48152, to
split property located south of Eight Mile Road and west of Middlebelt
Road, 20320 Purlingbrook (Tax Item No 46-005-99-0059-000) into two (2)
parcels, and a subsequent communication from the petitioners, dated
October 29, 1999, the Council does hereby determine to take no further
action based upon the fact that the request has been withdrawn by the
petitioner
A communication from William Roskelly, dated November 23, 1999, re
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bids received for City-owned property at 12313 Stark Road, was received and placed on
10.
imp file for the information of the Council (CR 245-99)
On a motion by Laura, seconded by Pastor, and unanimously adopted, it
was.
#829-99 RESOLVED, that having considered the report and
recommendation of the Streets, Roads and Plats Committee, dated
November 23, 1999, submitted pursuant to Council Resolution 245-99,
and the report and recommendation of the Director of Finance and the
City Attorney, dated March 30, 1999, approved for submission by the
Mayor, submitted pursuant to Council Resolution 877-98, with respect to
bids received for the sale of City-owned property located at 12313 Stark
Road wherein it is recommended that both bids be rejected, the Council
does hereby refer this matter to the Department of Law for its report and
recommendation, such report to be submitted by January 15, 2000
On a motion by Laura, seconded by Pastor, and unanimously adopted, it
was
#830-99 RESOLVED, that having considered the report and
recommendation of the Streets, Roads and Plats Committee, dated
November 23, 1999, submitted pursuant to Council Resolution 772-99,
and the report and recommendation of the Department of Law, dated
October 15, 1999, approved for submission by the Mayor, regarding the
subject of revisions to the plan for the Hillcrest Court Subdivision Lighting
Project, the Council does hereby determine to take no further action with
respect to this matter
On a motion by Laura, seconded by Pastor, and unanimously adopted, it
was
#831-99 RESOLVED, that having considered the report and
recommendation of the Streets, Roads and Plats Committee, dated
November 23, 1999, submitted pursuant to Council Resolution 772-99,
and the report and recommendation of the Department of Law, dated
October 15, 1999, approved for submission by the Mayor, regarding the
subject of revisions to the plan for the Hillcrest Court Subdivision Lighting
Project, the Council does hereby refer the matter of initiating discussions
with the owner of the adjoining commercial property for enhancement of
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the landscape plan adjacent to the Hillcrest Court Subdivision to the
Mayor for his report and recommendation
Councilmember Duggan left the podium at 8 34 p m due to a conflict of interest.
On a motion by Pastor, seconded by Walsh, and unanimously adopted, it
was.
#832-99 RESOLVED, that Leo Soave Building Company, 34822
Pembroke, Livonia, as proprietor, having requested the City Council to
approve the proposed preliminary plat of the following subdivision
Kenwood Meadows Subdivision, to be located on the south side of Five
Mile Road, west of Inkster Road in the Northeast 1/4 of Section 24, City of
Livonia, Wayne County, Michigan, the said proposed preliminary plat
being dated September 15, 1999, and it further appearing that tentative
approval of such preliminary plat was given by the City Planning
Commission, after due notice and a public hearing on July 13, 1999, and it
further appearing that such preliminary plat, together with development
plans and specifications for improvements therein have been examined
and approved by the Engineering Division as is set forth in the report of
that department dated June 30, 1999, therefore, the City Council does
hereby approve of the said preliminary plat on the following conditions
(1) All of the improvements, utilities and grading shall be constructed,
installed and accomplished in conformity with the provisions of the
ordinances of the City of Livonia, including the Subdivision Control
Ordinance, being Title 16, Chapters 16 04 through 16 24 of the
Livonia Code of Ordinances, as amended, the Subdivision
Regulations of the Planning Commission, the regulations and
specifications of the Engineering Division and the Development
Plans submitted by the proprietor and approved by such
department; all such improvements to be constructed, installed,
accomplished and completed within a period of two (2) years from
the effective date of this resolution, failing this, the approval
contained herein shall be considered null, void and of no effect
whatsoever;
(2) That all inspection fees and other charges due to the City of Livonia
shall be fully paid at the time and in the manner provided in the said
Subdivision Control Ordinance, as amended,
(3) That the installation of all such improvements shall be subject at all
times to the supervision and inspection and final approval of the
Engineering Division, and such improvements shall not be
considered as having been satisfactorily and completely installed
32009
until there is filed with the City Council the certificate as provided in
Section 16 24 370 of the said Subdivision Control Ordinance, as
amended,
(4) That the proprietor enter into an agreement with the City of Livonia
agreeing to construct, within the prescribed period of time and in
the prescribed manner, all improvements required to the extent
required by the City of Livonia and as shown on the approved
development plans,
(5) That the final true record plat of the aforesaid subdivision shall be
submitted and must receive the final approval of the City Planning
Commission as evidence that such plat is in compliance with
existing Subdivision Regulations,
(6) That the final true plat of the aforesaid subdivision shall be
submitted and must receive the final approval of the City Council
within two (2) years from the effective date of this resolution, the
City Council shall approve final plats of the aforesaid proposed
subdivision if drawn in substantial conformity with the proposed plat
as approved herein, and provided there has been compliance with
all other requirements of State Statute, the Subdivision Control Act,
the Subdivision Control Ordinance and this resolution,
(7) That, for the purpose of obtaining approval of final plats prior to the
completion of all required improvements the proprietor may file with
the City of Livonia a corporate surety bond, certified check, cash
bond, irrevocable letter of credit, or other financial assurance in
such form as may be approved by the Department of Law
guaranteeing the satisfactory installation of all such improvements,
utilities and grading by the proprietor within the prescribed period,
that in the event the proprietor elects to deposit such financial
assurances the same shall be in the following amounts
A. General Improvement Bond $386,000 00, of which at least
$ 10,000 00 shall be in cash
B Sidewalk Bond $ 27,500 00, of which at least
$ 5,000 00 shall be in cash
C Grading & Soil Erosion $ 4,200 00 (all cash)
D Monuments & Lot Markers $ 1,135 00 (all cash)
and require cash payments in the total amount of$38,130 00
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In addition, distribution lines for telephone and electric services are to be
placed underground and ornamental street lights are to be provided
throughout the subdivision
Councilmember Duggan returned to the podium at 8 35 p m
Councilmember Duggan took from the table, for second reading and
adoption, the following Ordinance
AN ORDINANCE AMENDING SECTION 10 03 OF
ARTICLE X AND SECTION 11 03 OF ARTICLE XI
OF ORDINANCE NO 543, AS AMENDED, KNOWN
AND CITED AS "THE CITY OF LIVONIA ZONING
ORDINANCE" (Petition 99-5-6-2)
A roll call vote was taken on the foregoing Ordinance with the following result:
AYES Laura, Walsh, Vandersloot, Pastor, Duggan and Engebretson
NAYS None
The President declared the foregoing Ordinance duly adopted, and would become
effective on publication
On a motion by Duggan, seconded by Vandersloot, and unanimously
adopted, it was
#833-99 RESOLVED, that having considered a communication from
the City Planning Commission, dated September 22, 1999, which sets
forth its resolution 9-161-99 adopted on September 21, 1999, with regard
to Petition 99-6-1-10, submitted by T Rogvoy Associates, on behalf of
Millennium Park, for a change of zoning of property located on the south
side of Schoolcraft Road, east of Middlebelt Road, in the North 1/2 of
Section 25, from M-2 to C-2, and the Council having conducted a Public
Hearing with regard to this matter on Wednesday, November 17, 1999,
pursuant to Council Resolution 703-99, the Council does hereby approve
Petition 99-6-1-10 for preparation of the ordinance for submission to
Council, and the City Planner is hereby instructed to cause the necessary
map for publication to be prepared indicating the zoning change herein
approved and to furnish the same to the Department of Law and, upon
receipt of such map, the Department of Law is requested to prepare an
32011
ordinance amending Ordinance 543, as amended, in accordance with this
resolution
On a motion by Duggan, seconded by Laura, and unanimously adopted, it
was
#834-99 RESOLVED, that having considered a communication from
the City Planning Commission, dated September 22, 1999, which sets
forth its resolution 9-158-99 adopted on September 21, 1999, with regard
to Petition 99-8-1-12, submitted by Bill Brown Ford, for a change of zoning
of property located on the north side of Plymouth Road, east of Sears
Drive between Middlebelt and Merriman Roads, in the Southeast 1/4 of
Section 26, from M-1 to C-2, and the Council having conducted a Public
Hearing with regard to this matter on Wednesday, November 17, 1999,
pursuant to Council Resolution 703-99, the Council does hereby approve
Petition 99-8-1-12 for preparation of the ordinance for submission to
Council, and the City Planner is hereby instructed to cause the necessary
map for publication to be prepared indicating the zoning change herein
approved and to furnish the same to the Department of Law and, upon
receipt of such map, the Department of Law is requested to prepare an
ordinance amending Ordinance 543, as amended, in accordance with this
resolution
On a motion by Duggan, seconded by Laura, and unanimously adopted, it
was
#835-99 RESOLVED, that having considered a communication from
the City Clerk, dated November 29, 1999, the Council does hereby amend
and revise Council Resolution 751-99 so as to have the same read as
follows
RESOLVED, that in accordance with the provisions set forth in
Section 4 of Act 207 of the Public Acts of Michigan of 1921, as
amended, the City Zoning Act (MSA 5 2934, MCLA 125 584), as
well as Article XXIII of Ordinance 543, as amended, the Zoning
Ordinance of the City of Livonia, the Council does hereby
determine that a Public Hearing will take place before the City
Council of the City of Livonia on Monday, January 10, 2000, at
7 00 p m at the City Hall, 33000 Civic Center Drive, Livonia,
Michigan, with respect to the following item
Petition 99-6-1-7, as amended, submitted by
Kenneth M Hunt, on behalf of Hunt's Ace Hardware,
for a change of zoning of property located on the
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west side of Myron, south of Seven Mile Road,
in the Northeast 1/4 of Section 9, from R-3 to P,
the City Planning Commission in its resolution
10-171-99 having recommended to the City Council
that Petition 99-6-1-7, as amended, be approved
only with respect to the north 20 feet of Lot 381,
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
On a motion by Duggan, seconded by Pastor, and unanimously adopted,
it was
#836-99 RESOLVED, that the Council does hereby suspend their
rules for procedure as outlined in Council Resolution 574-82 so as to
permit consideration of items that do not appear on the agenda
On a motion by Pastor, seconded by Vandersloot, it was
#837-99 RESOLVED, that having considered a communication from
the Department of Law, dated December 1, 1999, approved for
submission by the Mayor, the Council does hereby, by a two-thirds Roll
Call vote in accordance with Section 7(1) of the Open Meetings Act, direct
that a closed Committee of the Whole meeting be held for the purpose of
discussing litigation matters and attorney/client privileged communications
in connection with pending litigation regarding Engle v City of Livonia
A roll call vote was taken on the foregoing resolution with the following result:
AYES Laura, Walsh, Vandersloot, Pastor, Duggan and Engebretson
NAYS None
The President declared the resolution duly adopted
32013
During audience communication, Councilmember Duggan recognized the
presence of Churchill High School students in the audience
Council President Engebretson again invited everyone to the Tree Lighting
Ceremony and the Inauguration of City officials
On a motion by Duggan, seconded by Walsh, and unanimously adopted,
this 1406th Regular Meeting of the Council of the City of Livonia was adjourned at 8 44
p m , December 6, 1999
-Th&
oan McCotter, City Clerk