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HomeMy WebLinkAboutCOUNCIL MINUTES 2000-03-08 32133 MINUTES OF THE ONE THOUSAND FOUR HUNDRED TWELFTH REGULAR MEETING OF MARCH 8, 2000 On March 8, 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 and called for a moment of silence in memory of Norm Natiw, a member of the Cable Television Commission for 17 years, who passed away Roll was called with the following result: Jack Engebretson, Val I Vandersloot, John R. Pastor, Brian Duggan, Joe Laura and Maureen Miller Brosnan Absent: John J Walsh — business conflict. Elected and appointed officials present: Jack E Kirksey, Mayor; Robert Schron, City Engineer; Mark Taormina, City Planner; Sean Kavanagh, City Attorney; Ron Reinke, Superintendent of Parks & Recreation, Joan McCotter, City Clerk, and Ian Wilshaw, Traffic Commission On a motion by Duggan, seconded by Pastor, and unanimously adopted, it was #157-00 RESOLVED, that the minutes of the 1,411th Regular Meeting of the Council held February 23, 2000 are hereby approved as submitted Councilmember Duggan wished a belated "Happy Birthday" to his father, Jim Duggan At the direction of the Chair, Items #4, 11 and 14 were removed from the Consent portion of the Agenda 32134 A newspaper article from the Detroit News newspaper, dated February 27, 2000, re a claim that the D.A.R.E (Drug Abuse Resistance Education) Program makes no difference in the metropolitan Detroit area, was received and placed on file for the information of the Council (Agenda Items #2 & #3 ) A communication from the Department of Public Works, Engineering Division, dated March 2, 2000, re quarterly status report on the Whispering Pines Site Condominiums, 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 #158-00 RESOLVED, that having considered a letter from St. Andrew's Episcopal Church, dated February 10, 2000, which requests permission to place signs announcing an All-Parish Rummage/Garage Sale to be conducted on Friday and Saturday, May 12 and May 13, 2000, which signs are double-sided and are 4' x 5' in size and which will be located on the northeast corner of Hubbard and Five Mile Roads and the northeast corner of Hubbard and Six Mile Roads, and which signs would be removed on May 13, 2000, the Council does hereby grant and approve this request in the manner and form herein submitted #159-00 RESOLVED, that having considered a request from Councilmember Joe Laura, the Council does hereby refer the subject of the D.A.R.E Program to the City Council/Schools Liaison Committee for its report and recommendation #160-00 RESOLVED, that having considered a request from Councilmember Joe Laura, the Council does hereby refer the subject of the viability of the D.A.R E Program's effectiveness to the Mayor for a report and recommendation #161-00 RESOLVED, that having considered the report and recommendation of the Chief of Police, dated January 31, 2000, which bears the signature of the Director of Finance and is approved for submission by the Mayor, the Council does hereby authorize the purchase of Police Department vehicles for the Intelligence Bureau as follows • One (1) Plymouth Grand Voyager SE from Golling Chrysler- Plymouth, 2125 S Telegraph, Bloomfield Hills, Michigan 48302, 32135 through the Oakland County consortium, in the amount of $19,441 60 to be expended from funds already budgeted for this purpose in Account #101-329-985-000, • One (1) Chevrolet Monte Carlo LS in the amount of $16,492 43 and one (1) Chevrolet Camaro Z-28 in the amount of $20,249 38 from Joe Panian Chevrolet, 28111 Telegraph, P 0 Box 2147, Southfield, Michigan 48037, through the Oakland County consortium, said amounts to be expended from funds already budgeted for this purpose in Account #101-329-985-000, One (1) Pontiac Bonneville SE from Red Holman Pontiac, 35300 Ford Road, Westland, Michigan 48185, through the Oakland County consortium, in the amount of $21,507 17 to be expended from funds already budgeted for this purpose in Account #101-329- 985-000, • One (1) Dodge Intrepid ES from SnethKamp Dodge, 6131 S Pennsylvania, Lansing, Michigan 48911, through the State of Michigan consortium, in the amount of$18,154 66 to be expended from funds already budgeted for this purpose in Account #101- 329-985-000, • One (1) Ford Mustang GT from Gorno Ford, 22025 Allen Road, Woodhaven, Michigan 48183, through the Macomb County consortium, in the amount of $20,690 00 to be expended from funds already budgeted for this purpose in Account #101-329- 985-000, • One (1) Ford E-350 One Ton 15-Passenger Van from Gorno Ford, 22025 Allen Road, Woodhaven, Michigan 48183, through the Macomb County consortium, in the amount of $24,057 00 to be expended from the State Drug Forfeiture Account #265-333-985- 000, and • One (1) Dodge Intrepid ES from SnethKamp Dodge, 6131 S Pennsylvania, Lansing, Michigan 48911, through the State of Michigan consortium, in the amount of$18,154 66 to be expended from the State Drug Forfeiture Account #265-333-985-000, FURTHER, the Council does hereby determine to authorize the said purchases without competitive bidding inasmuch as the same is based upon the low Macomb County, Oakland County and/or State of Michigan consortium bids and such action is taken in accordance with the provisions set forth in Section 3 04 140D4 of the Livonia Code of Ordinances, as amended, FURTHER, the Council does hereby authorize the disposal of seven (7) surplus City-owned police vehicles (as more 32136 particularly described on the attachment to the aforementioned report and recommendation of the Chief of Police) at public auction after receipt of the new vehicles #162-00 RESOLVED, that having considered Petition 99-9-3-2 submitted by Michael Kosmowski, dated September 27, 1999, wherein a request is submitted for the vacating of a certain six foot easement located along the north line of his property located at 9991 Clements Circle Eest (Lot 400 of the Thomas Elliot Subdivision), and the report and recommendation of the Director of Public Works and the City Engineer, dated February 1, 2000, approved for submission by the Mayor, submitted pursuant to Council Resolution 693-99, the Council does hereby refer this item to the City Planning Commission for action and recommendation in accordance with provisions of law and city ordinance #163-00 RESOLVED, that having considered the report and recommendation of the Director of Public Works and the City Engineer, dated February 16, 2000, which bears the signature of the Director of Finance, is approved by the Superintendent of Parks and Recreation and is approved for submission by the Mayor, the Council does hereby accept the proposal submitted by Progressive Timberlands, 541 East Eighth Street, Traverse City, Michigan 49686, for performing all work required in connection with the clearing and grubbing of the proposed soccer fields at Greenmead for the total cost of $20,560 70, FURTHER, the Council does hereby appropriate and authorize the expenditure of a sum not to exceed $20,560 70 from the Capital Outlay Land Improvement Account No 208- 756-974-000 for this purpose, 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 herein without competitive bidding for the reasons indicated in the aforesaid communication, and such action is taken in accordance with the provisions set forth in Section 3 04 140D4 of the Livonia Code of Ordinances, as amended #164-00 RESOLVED, that having considered a communication from the Director of Public Works and the City Engineer, dated February 17, 2000, which bears the signature of the Director of Finance and is approved for submission by the Mayor, requesting an additional appropriation for additional work necessary to complete the construction of a Maintenance/Recreation Storage Facility at the Police Station and a Truck Scale Facility on Glendale Avenue, previously authorized pursuant to Council Resolution 508-99, the Council does hereby appropriate and authorize the expenditure of the additional sum of $67,665 74 from the following sources for this purpose for the reasons outlined in the aforesaid communication 32137 An expenditure in the amount of $21,450 00 from the Capital Improvement Fund Capital Outlay Buildings, Account No 401-000- 975-000, An expenditure in the amount of $2,368 00 from Account No 297- 751-975-000 (Cable Van), and An expenditure in the amount of $43,847 74 ($10,713 11 for the Maintenance and Storage Building and $33,134 63 for the Truck Scale Building) from the Unexpended Fund Balance of the Refuse Fund FURTHER, the Council does hereby authorize payment to be made to Bedzyk Bros., Inc. in the amount of$67,665 74 for this additional work. #165-00 RESOLVED, that having considered a communication from the Department of Law, dated February 14, 2000, approved for submission by the Mayor, and to which is attached a proposed lease agreement extension between the City of Livonia and Hegira Programs, Inc. for a period of six months commencing April 1, 2000 through September 30, 2000, based upon the same terms and conditions as those which are set forth in an agreement dated October 14, 1999, authorized by Council Resolution 674-99, the Council does hereby authorize the Mayor and City Clerk, for and on behalf of the City of Livonia, to execute the attached Agreement, subject to approval as to form by the Department of Law, as well as to do all other things necessary or incidental to the full performance of this resolution #166-00 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 Northwest 1/4 of Section 36, the Council does hereby concur in the recommendation of the Planning Commission and hereby approves Petition 99-12-SN-17, subject to the following conditions 1 That the Sign Package submitted by Toledo Sign, as received oy the Planning Commission on December 17, 1999, 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 44 sq ft in sign area, 32138 That the wall sign for the east elevation of the building is not approved at this time but will be reconsidered once the petitioner has its request for a non-conforming sign heard by the Zoning Board of Appeals; and 2. That all signage shall not be illuminated between the hours of midnight and 5 00 a m , 3 That any additional signage shall come back before the Planning Commission and City Council for their review and approval, and 4 That any "bleeding" of the letters that appears to the mansard roof shall be repainted so as not to show #167-00 RESOLVED, that having considered a communication from the City Planning Commission, dated February 15, 2000, which transmits its resolution 2-25-2000, adopted on February 8, 2000, requesting approval of the Landscape Plan for Petition 99-5-2-16, submitted by GMRI, Inc. in connection with a proposal to construct a full service restaurant (Bahama Breeze) on property located on the east side of Haggerty Road between Seven Mile and Eight Mile Roads in the Southwest 1/4 of Section 6, the Council does hereby concur in the recommendation of the Planning Commission, and the landscape plan in connection with Petition 99-5-2-16 is hereby approved and granted, subject to the following conditions 1 That the Landscape Plans marked Sheet L1 and Sheet L2, both dated February 3, 2000, prepared by Wolfgang Doerschlag Architects & Engineers, are hereby approved and shall be adhered to, 2 That all disturbed lawn areas shall be sodded in lieu of hydro- seeding, 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, and 4 That the petitioner shall correct to the Inspection Department's satisfaction the following site deficiency as outlined in the correspondence dated February 1, 2000. That the entire parking lot shall be double striped 32139 A communication from the Office of the County Clerk, dated February 17, 2000, re a new fee which has been imposed by federal and state law upon cellular phone users which will be distributed to municipalities based upon a population formula, was received and placed on file for the information of the Council #168-00 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 XXIII of Ordinance 543, as amended, the Zoning Ordinance of the City of Livonia, the Council does hereby determine that a Public Hearing will take place before the City Council of the City of Livonia on Monday, April 17, 2000, at 7 00 p m at the City Hall, 33000 Civic Center Drive, Livonia, Michigan, with respect to the following items Petition 00-2-1-1, submitted by the City Planning Commission, on its own motion, for a change of zoning of property located on the north side of Five Mile Road between Golfview Drive and Ellen Drive (Bobby's Country House site) in the Southeast 1/4 of Section 17 from PL to C-2, the City Planning Commission in its resolution 2- 36-2000 having recommended to the City Council that Petition 00- 2-1-1 be approved, FURTHER, the City Clerk is hereby requested to, no less than fifteen (15) days prior to the aforesaid date of said public hearing, cause to have a statement indicating the (a) nature of the proposed 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 Engebretson, Vandersloot, Pastor, Duggan, Laura and Brosnan NAYS None On a motion by Duggan, seconded by Pastor, and unanimously adopted, 32140 it was #169-00 RESOLVED, that having considered a letter from Kurt W Roskelly, Basney & Smith, Inc., dated February 10, 2000, on behalf of Quality Metalcraft, Inc., and a letter from Quality Metalcraft, Inc., 33355 Glendale Avenue, Livonia, Michigan 48150, dated February 10, 2000, wherein a request is made to purchase certain City-owned property located adjacent to Quality Metalcraft on the north side of Glendale Avenue in the Northwest 1/4 of Section 27, the Council does hereby refer this matter to the Department of Law for the purpose of directing the petitioner to obtain an appraisal with respect to this property and does further request that the Department of Law thereafter submit its report and recommendation to the Council The following five people spoke to the Council in opposition to sale of City- owned property that now includes the City of Livonia Archery Range Michael DiFazio, 15590 Foch, Livonia, MI 48154 Tom Durfee, 15911 MacArthur, Redford Twp , MI 48239 Ben Abela 12836 Kinloch, Redford Twp , 48239 Bill Martell, 18974 Chapel, Redford Twp , 48239 Ray Swann, 13543 Lenore, Redford Twp , 48239 On a motion by Duggan, seconded by Laura, and unanimously adopted, it was #170-00 RESOLVED, that having considered a letter from Kurt W Roskelly, Basney & Smith, Inc , dated February 10, 2000, on behalf of Quality Metalcraft, Inc., 33355 Glendale Avenue, Livonia, Michigan 48150, wherein a request is made to purchase certain City-owned property located adjacent to Quality Metalcraft on the north side of Glendale Avenue, the Council does hereby refer this subject to the Economic Development Manager for a report and recommendation On a motion by Engebretson, seconded by Pastor, and unanimously adopted, it was #171-00 RESOLVED, that having considered a letter from Kurt W Roskelly, Basney & Smith, Inc., dated February 10, 2000, on behalf of Quality Metalcraft, Inc., 33355 Glendale Avenue, Livonia, Michigan 48150, wherein a request is made to purchase certain City-owned property located adjacent to Quality Metalcraft on the north side of Glendale 32141 Avenue, the Council does hereby refer this subject to the Committee of the Whole for a report and recommendation A communication from Michael DiFazio, 15590 Foch, Livonia, MI 48154, dated March 1, 2000, to which is attached a 1999 Archery Range Final Report from the City of Livonia Department of Parks and Recreation, re his concern about the purchase of City-owned property on Glendale Avenue that is home to the Livonia Archery Range, was received and placed on file for the information of the Council A communication from John Spehar, 13501 Salem Street, Redford Twp , MI 48239, dated March 7, 2000, re his concern about the purchase of City-owned property on Glendale Avenue that is home to the Livonia Archery Range, was received and placed on file for the information of the Council A communication from Sandra Martell, 18974 Chapel Street, Redford Twp , MI 48239, dated March 8, 2000, re her concern about the purchase of City- owned property on Glendale Avenue that is home to the Livonia Archery Range, was received and placed on file for the information of the Council A communication from Tom Durfee, 15911 MacArthur Street, Redford Twp , MI 48239, dated March 8, 2000, re his concern about the purchase of City- owned property on Glendale Avenue that is home to the Livonia Archery Range, was received and placed on file for the information of the Council On a motion by Pastor, seconded by Laura, and unanimously adopted it was #172-00 RESOLVED, that having considered a communication from the City Planning Commission, dated January 28, 2000, which transmits its resolution 1-17-2000 adopted on January 25, 2000, requesting approval of the Sign Permit Application and Landscape Plan in connection with Petition 98-5-8-18 submitted by Sam Baki, which previously received REVISED 32142 site plan approval per Council Resolution 582-98, to construct the Fox Creek Estates Site Condominiums located at 36700 Seven Mile Road in the South 1/2 of Section 5, the Council does hereby concur in the recommendation of the Planning Commission, and the Sign Permit Application and Landscape Plan in connection with Petition 98-5-8-18 are hereby approved and granted, subject to the following conditions 1 That the Landscape Plan marked LS-1 dated January 29, 1999, prepared by Unique Homes, 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 entrance marker and its location, as shown on the approved plan, is hereby approved and shall be adhered to, 5 That this approval is subject to the petitioner being granted a variance from the Zoning Board of Appeals for a sign erected within the right-of-way and any conditions related thereto A revised Landscape Plan, dated March 7, 2000, re Fox Creek Estates, submitted by Unique Homes, 36700 Seven Mile Road, Livonia, 48152, was received and placed on file for the information of the Council (Petition 98-5-8-18) On a motion by Engebretson, seconded by Pastor, and unanimously adopted, it was #173-00 RESOLVED, that having considered a letter from Gail Silvernail, Publicity Chairperson for the Clarenceville Athletic Booster Club, received in the City Council Office on February 25, 2000, which requests permission to display wire signs announcing the Clarenceville School District's Athletic Booster Club "Spring Boutique" Craft Show to be held on Saturday, March 25, 2000, which signs are to be 14" x 22" in size and which will be displayed from March 11, 2000 through March 27, 2000, at all major intersections in the City, with the provision that the signs on Inkster Road at Five, Six & Seven Mile Roads be placed on the west side tik.. 32143 side of the street only, the Council does hereby grant and approve this request in the manner and form herein submitted A communication from Basney & Smith, Inc. dated February 2, 2000, re the rejection of bids offered for City-owned property located at 12313 Stark Road, was received and placed on file for the information of the Council (CR 245-99 and CR 877- 98) A communication from Phoenix Land Development, dated February 15, 2000, re soil borings taken on City-owned property located at 12313 Stark Road and its suitability for construction of a wetland, was received and placed on file for the information of the Council (CR 245-99 and CR 877-98) On a motion by Laura, seconded by Pastor, it was #174-00 RESOLVED, that having considered the reports and recommendations of the Streets, Roads and Plats Committee, dated February 15, 2000, and February 29, 2000, 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, more particularly described as That part of the Southeast 1/4 of Section 28, T 1 S , R. 9 E , City of Livonia, Wayne County, Michigan, more particularly described as beginning at a point distant South 89°40'50" East, 608 30 feet and South 13°39'20" West 458 08 feet from the Center 1/4 Corner of Section 28, thence proceeding South 13°39'20" West, 66 feet; thence North 89°57'00" West, 276 feet; thence North 4°20'20" West, 66 feet; thence South 89°37'40" East, 296 58 feet to the point of beginning, except the Easterly 43 feet for the purpose of road right-of-way (12313 Stark Road, Sidwell 112-00-0005-001) the Council does hereby authorize the sale of the aforesaid city-owned property to Enrico Rosati, 18845 Gary Lane, Livonia, Michigan 48152, an [adjacent property owner, for a total purchase price of $48,000 00, which sale is conditioned upon 1) a portion of said property being used for road 32144 development purposes as set forth in a letter dated March 2, 2000, from the Department of Law, approved for submission by the Mayor, to which is attached a drawing prepared by the Engineering Division illustrating the portion of the property to be used for road purposes, which condition shall appear on the face of the deed, and 2) purchaser providing such title work as may be required for this transaction and purchaser reimbursing the city in the amount of $1,500 00 for the costs of its appraisal, the action herein being taken in order to best serve the interests of the community; and the Mayor and City Clerk are hereby authorized, for and on behalf of the City of Livonia, to execute a quit claim deed and such other documents as may be necessary or incidental to fulfill the purpose of this resolution, and the Department of Law is hereby requested to prepare and place in proper form such legal documents as may be necessary to consummate this transaction A roll call vote was taken on the foregoing resolution with the following result: AYES Engebretson, Vandersloot, Pastor, Laura and Brosnan NAYS Duggan The President declared the resolution duly adopted A communication from the Department of Law, dated March 2, 2000, to which is attached a drawing from the Engineering Division, re the width and location of a proposed roadway across the City-owned property at 12313 Stark Road, was received and placed on file for the information of the Council A communication from the Livonia Tree City Committee, dated February 1, 2000, re the concerns of sidewalk repair and replacement and sewage backup problems due to tree roots not being under the jurisdiction of the Tree City Committee, was received and placed on file for the information of the Council (CR 546-99) A communication from the Department of Public Works, Public Service Division, dated February 1, 2000, re recommendations of the Livonia Tree City Committee concerning sidewalk repair and replacement and sewage backup problems 32145 due to tree roots, was received and placed on file for the information of the Council (CR 545-99). A communication from Mayor Jack E Kirksey, dated February 15, 2000, re the beautification of Five Mile Road island medians and the exterior maintenance of businesses on Five Mile Road between Farmington and Middlebelt Roads suggested in a letter sent by Carolyn L. Cowsert, 32451 Meadbowbrook, Livonia, 48154, was received and placed on file for the information of the Council (CR 3-00) On a motion by Laura, seconded by Engebretson, and unanimously adopted, it was #175-00 RESOLVED, that having considered the report and recommendation of the Streets, Roads and Plats Committee, dated February 15, 2000, submitted pursuant to Council Resolution 2-00, the report and recommendation of the Mayor, dated February 15, 2000, and a letter from Carolyn L. Cowsert, dated November 30, 1999, regarding the upgrading of island medians in the downtown area on Five Mile Road and the exterior maintenance of businesses on Five Mile Road between Farmington and Middlebelt Roads, the Council does hereby refer this matter to the Mayor for implementation of the proposals contained therein A communication from the Department of Law, dated January 24, 2000, re usefulness of the Greenbelt Amendment to the Zoning Ordinance, was received and placed on file for the information of the Council (CR 13-00) On a motion by Laura, seconded by Engebretson, and unanimously adopted, it was #176-00 RESOLVED, that having considered the report and recommendation of the Streets, Roads and Plats Committee, dated February 15, 2000, submitted pursuant to Council Resolution 14-00, and the report and recommendation of the Department of Law, dated January 24, 2000, submitted pursuant to Council Resolution 13-00, regarding the subject of protective walls/greenbelts, the Council does hereby refer the matter of protective walls and greenbelts to the Department of Law to prepare an appropriate ordinance amendment to Section 18 45 of 32146 Ordinance No 543, the Zoning Ordinance, for submission to the City Planning Commission and Council A communication from the Department of Law, dated March 2, 2000, re a draft amendment to the City's Wall/Greenbelt Ordinance (Section 18 45 of the Zoning Ordinance), was received and placed on file for the information of the Council (CR 14- 00). On a motion by Laura, seconded by Pastor, and unanimously adopted, it was. #177-00 RESOLVED, that having considered the report and recommendation of the Streets, Roads and Plats Committee, dated February 15, 2000, submitted pursuant to Council Resolution 14-00, and the report and recommendation of the Department of Law, dated January 24, 2000, submitted pursuant to Council Resolution 13-00, and the supplemental report of the Department of Law, dated March 2, 2000, to which is attached a draft of an ordinance amending Section 18 45 of Ordinance No 543, the Council does hereby determine on its own motion to refer to and request that the City Planning Commission conduct a Low Public Hearing on the question of whether such amendment should be made, and thereafter submit a report and recommendation to Council Councilmember Duggan gave first reading to the following Ordinance AN ORDINANCE AMENDING SECTIONS 010, 030, 066, 072 AND 075 OF TITLE 10, CHAPTER 36 (OPERATING VEHICLE WHILE UNDER INFLUENCE OF LIQUOR AND/OR CONTROLLED SUBSTANCE) 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 Councilmember Duggan invoked the Emergency Clause and gave second reading to the foregoing Ordinance and a roll call vote was taken thereon with the following result: 32147 AYES Engebretson, Vandersloot, Pastor, Duggan, Laura and Brosnan NAYS None The President declared the foregoing Ordinance duly adopted, and would become effective on publication Councilmember Engebretson gave first reading to the following Ordinance AN ORDINANCE AMENDING SECTIONS 050, 150, 160, AND 180 OF TITLE 10, CHAPTER 18 (CERTIFICATES AND LICENSES) 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 Councilmember Engebretson invoked the Emergency Clause and gave second reading to the foregoing Ordinance and a roll call vote was taken thereon with the following result: AYES Engebretson, Vandersloot, Pastor, Duggan, Laura and Brosnan NAYS None The President declared the foregoing Ordinance duly adopted, and would become effective on publication Councilmember Laura gave first reading to the following Ordinance AN ORDINANCE AMENDING SECTION 9 OF THE ZONING MAP OF THE CITY OF LIVONIA AND AMENDING ARTICLE III OR ORDINANCE NO 543 AS AMENDED, KNOWN AND CITED AS "THE CITY OF LIVONIA ZONING ORDINANCE" BY ADDING SECTION 3 THERETO (Petition 99-6-1-7) (CR 69-00) 32148 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 Duggan took from the table, for second reading and adoption, the following Ordinance AN ORDINANCE AMENDING SECTION 22 OF THE ZONING MAP OF THE CITY OF LIVONIA AND AMENDING ARTICLE III OF ORDINANCE NO 543, AS AMENDED, KNOWN AND CITED AS THE "THE CITY OF LIVONIA ZONING ORDINANCE" BY ADDING SECTION 3 THERETO (Petition 99- 9-1-14) (CR 30-00) A roll call vote was taken on the foregoing Ordinance with the following result: AYES Engebretson, Vandersloot, Pastor, Duggan, Laura and Brosnan NAYS None The President declared the foregoing Ordinance duly adopted, and would become effective on publication Councilmember Vandersloot took from the table, for second reading and adoption, the following Ordinance AN ORDINANCE AMENDING SECTIONS 020, 050, 080 AND 090 OF TITLE 2, CHAPTER 96 (RETIREMENT PLAN) OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED A roll call vote was taken on the foregoing Ordinance with the following result: AYES Engebretson, Vandersloot, Pastor, Duggan, Laura and Brosnan NAYS None The President declared the foregoing Ordinance duly adopted, and would become effective on publication REVISED 32149 Councilmember Pastor took from the table, for second reading and R adoption, the following Ordinance AN ORDINANCE AMENDING SECTION 150 OF TITLE 5, CHAPTER 42 (HOTELS, MOTOR COURTS, LODGINGHOUSES, ROOMINGHOUSES, ONE- FAMILY RENTAL DWELLINGS, TWO-FAMILY RENTAL DWELLINGS AND MULTIPLE-FAMILY RENTAL DWELLINGS, AND BED AND BREAKFAST ESTABLISHMENTS)) OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED A roll call vote was taken on the foregoing Ordinance with the following result: AYES Engebretson, Vandersloot, Pastor, Duggan, Laura and Brosnan NAYS None The President declared the foregoing Ordinance duly adopted, and would become effective on publication On a motion by Duggan, seconded by Pastor, and unanimously adopted, it was #178-00 RESOLVED, that having considered Petition 00-2-3-1 submitted by Razvan Vasu-Demetriade, dated February 3, 2000, wherein a request is submitted for the vacating of a certain 12 foot easement located at 17595 Merriman Road (Lot 1 of the Thomas F O'Connor's Merriman Park Subdivision), the Council does hereby refer this item to the City Planning Commission for action and recommendation in accordance with provisions of law and city ordinance On a motion by Engebretson, seconded by Vandersloot, it was #179-00 RESOLVED, that having considered a letter from Frank L. Grisa, P E , Mego, Inc - Midas Auto Service Experts, dated February 14, 2000, in connection with parking problems at Midas Auto Service Experts, 19078 Middlebelt Road, Livonia, Michigan, the Council does hereby refer this matter to the Committee of the Whole for its report and recommendation A roll call vote was taken on the foregoing resolution with the following result: 32149 Councilmember Pastor took from the table, for second reading and adoption, the following Ordinance AN ORDINANCE AMENDING SECTION 150 OF TITLE 5, CHAPTER 42 (HOTELS, MOTOR COURTS, LODGINGHOUSES, ROOMINGHOUSES, ONE- FAMILY RENTAL DWELLINGS, TWO-FAMILY RENTAL DWELLINGS AND MULTIPLE-FAMILY RENTAL DWELLINGS, AND BED AND BREAKFAST ESTABLISHMENTS)) OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED A roll call vote was taken on the foregoing Ordinance with the following result: AYES Engebretson, Vandersloot, Pastor, Duggan, Laura and Brosnan NAYS None The President declared the foregoing Ordinance duly adopted, and would become effective on publication On a motion by Duggan, seconded by Pastor, and unanimously adopted, am, it was. #178-00 RESOLVED, that having considered Petition 00-7-3-1 submitted by Razvan Vasu-Demetriade, dated February 3, 2000, wherein a request is submitted for the vacating of a certain 12 foot easement located at 17595 Merriman Road (Lot 1 of the Thomas F O'Connor's Merriman Park Subdivision), the Council does hereby refer this item to the City Planning Commission for action and recommendation in accordance with provisions of law and city ordinance On a motion by Engebretson, seconded by Vandersloot, it was #179-00 RESOLVED, that having considered a letter from Frank L. Grisa, P E , Mego, Inc - Midas Auto Service Experts, dated February 14, 2000, in connection with parking problems at Midas Auto Service Experts, 19078 Middlebelt Road, Livonia, Michigan, the Council does hereby refer this matter to the Committee of the Whole for its report and recommendation A roll call vote was taken on the foregoing resolution with the following result: 32150 AYES Engebretson, Vandersloot and Brosnan NAYS Pastor, Duggan and Laura With the permission of the chair, and prior to the President reciting the results of the vote, Councilmember Duggan changed his vote The results of the vote then were. AYES Engebretson, Vandersloot, Duggan and Brosnan NAYS Pastor and Laura The President declared the resolution duly adopted Councilmember Duggan left the podium at 8 54 p m due to a conflict of interest. On a motion by Laura, seconded by Pastor, and unanimously adopted, it was #180-00 RESOLVED, that having considered the report and recommendation of the Director of Public Service and the City Engineer, dated February 2, 2000, approved for submission by the Mayor, the Council does hereby amend Item No 7 of Council Resolution 832-99, adopted on December 6, 1999, so as to reduce the financial assurances now on deposit with the City for general improvements in the Kenwood Meadows Subdivision located in the Northeast 1/4 of Section 24 to $44,000 00 of which at least $5,000 00 shall be in cash, to cover the cost of remaining general improvements in said subdivision, and the financial assurances now on deposit with the City, if any, shall be reduced accordingly; FURTHER, all other financial assurances now on deposit w'th the City shall remain the same and unchanged A roll call vote was taken on the foregoing resolution with the following result: AYES Engebretson, Vandersloot, Pastor, Laura and Brosnan NAYS None The President declared the resolution duly adopted Councilmember Duggan returned to the podium at 8 55 p m On a motion by Pastor, seconded by Engebretson, it was #181.00 RESOLVED, that having considered a communication from the City Planning Commission, dated February 15, 2000, which transmits 32151 its resolution 2-28-2000, adopted on February 8, 2000, with regard to Petition 99-12-SN-16, submitted by CVS/Michigan National Bank, requesting approval for signage for the property located at 19120 Middlebelt Road in the Southwest 1/4 of Section 1, the Council does hereby concur in the recommendation of the Planning Commission and hereby approves Petition 99-12-SN-16, subject to the following conditions. 1 That the sign package submitted by Sign Art, Inc., as received by the Planning Commission on January 18, 2000, is hereby approved and shall be adhered to, except for the following That the directional signs, identified as signs #6, #7, #8 and #9, are seen as redundant and shall not be permitted, That the drive-thru pharmacy signs, identified as signs #4 and #5, are hereby considered directional signs and each shall not exceed 4 sq ft. in sign area, That the sign on the west elevation of the canopy, identified as sign #5, shall only contain the graphic "Exit;" 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, and 4 That any additional signage 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, Pastor, Laura & Brosnan NAYS Duggan The President declared the resolution duly adopted A communication from the Department of Law, dated March 2, 2000, re the routing of future control zone sign petitions to the Zoning Board of Appeals prior to Council review, was received and placed on file for the information of the Council (Petition 99-12-SN-16) 32152 On a motion by Duggan, seconded by Pastor, and unanimously adopted, it was #182-00 RESOLVED, that in connection with Petition 99-9-8-23, submitted by Canvasser Brothers, on behalf of Buckingham Plaza, requesting site plan approval in connection with a proposal to renovate a portion of the exterior building elevation of the shopping center located at 27462 Schoolcraft Road in the Southeast 1/4 of Section 24, the Council does hereby refer the subject of identifying the ownership of the Buckingham Plaza property to the Department of Law for its report and recommendation Frank Klaetke, a representative of Klaetke & Marino Architects, 220 Bagley, Suite 508, Detroit, MI 48226, on behalf of Canvasser Brothers, who manages Buckingham Plaza, addressed the Council regarding the matter of ownership of buildings in said plaza On a motion by Duggan, seconded by Pastor, it was RESOLVED, that in connection with Petition 99-9-8-23, submitted by Canvasser Brothers, on behalf of Buckingham Plaza, requesting site plan approval in connection with a proposal to renovate a portion of the exterior building elevation of the shopping center located at 27462 Schoolcraft Road in the Southeast 1/4 of Section 24, the Council does hereby refer the subject of identifying the ownership of the Buckingham Plaza property to the Committee of the Whole for its report and recommendation On a motion by Engebretson, seconded by Pastor, it was RESOLVED, that the City Council does hereby determine in lieu of the foregoing resolution, to substitute the following RESOLVED, that approving resolutions for the site plan from the Planning Commission, regarding Petition 99-9-8-23 by Canvasser Brothers, on behalf of Buckingham Plaza, in connection with a proposal to renovate a portion of the exterior building elevation of the shopping center located at 27462 Schoolcraft Road in the Southeast % of Section 24, be moved to the next Regular Meeting of the City Council to be held on March 22, 2000 A roll call vote was taken on the motion to substitute as follows 32153 AYES Engebretson, Vandersloot, Pastor, Duggan and Brosnan NAYS Laura The President declared the motion to substitute adopted On a motion by Engebretson, seconded by Pastor, it was #183-00 RESOLVED, that approving resolutions for the site plan from the Planning Commission, regarding Petition 99-9-8-23 by Canvasser Brothers, on behalf of Buckingham Plaza, in connection with a proposal to renovate a portion of the exterior building elevation of the shopping center located at 27462 Schoolcraft Road in the Southeast 1/4 of Section 24, be moved to the next Regular Meeting of the City Council to be held on March 22, 2000 A roll call vote was taken on the substitute resolution with the following result: AYES Engebretson, Vandersloot, Pastor, Duggan and Brosnan NAYS Laura The President declared the substitute resolution adopted A communication from the Department of Finance, dated March 2, 2000 re report on all false alarm charges outstanding and efforts being made to collect these charges, was received and placed on file for the information of the Council A communication from the Department of Law, dated March 6, 2000, re receipt of half of a $1,200 balance owed to the City by Drug and Party Fair for false alarms and a promise that the balance will be paid within a month, was received and placed on file for the information of the Council (Petition 99-9-8-23) On a motion by Engebretson, seconded by Pastor, and unanimously adopted, it was #184-00 RESOLVED, that in connection with Petition 99-9-8-23, submitted by Canvasser Brothers, on behalf of Buckingham Plaza, requesting site plan approval in connection with a proposal to renovate a portion of the exterior building elevation of the shopping center located at 32154 27462 Schoolcraft Road in the Southeast 1/4 of Section 24, the Council does hereby refer the subject of window signage and lottery signs on the pole located at Drug & Party Fair to the Inspection Department for its report and recommendation On a motion by Duggan, seconded by Pastor, and unanimously adopted, it was. #185-00 RESOLVED, that having considered 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 refer this matter to the Committee of the Whole for its report and recommendation Mr Schrecongost spoke to the Council regarding the revised renderings for signage and awning projection on the renovation of a portion of the exterior building elevation located at 30000 Plymouth Road for Big Lots, Inc. (Petition 99-10-8-25) Mr Robert Shanks, 23852 Chipmunk, Novi, MI 48375, spoke to the Council regarding the revised renderings for signage and awning projection on the renovation of a portion of the exterior building elevation located at 30000 Plymouth Road for Big Lots, Inc. (Petition 99-10-8-25) Four color renderings showing signage and awning projection, dated March 6, 2000, received from All Star Signs on behalf of Big Lots for property located at 30000 Plymouth Road, Livonia, 48150 was received and placed on file for the information of the Council A communication from Robert Shanks, 23852 Chipmunk, Novi, MI 48375, re a suggested list of stores to be visited by the Livonia City Council that represents the 32155 direction of Consolidated Stores, was received and placed on file for the information of the Council (Petition 99-10-8-25) A communication from Musicland Group, Inc., dated February 7, 2000, received by the Office of the City Clerk on February 29, 2000, re repairing and re- striping of the parking lot in the Spring of 2000 on property located at 30000 Plymouth Road, Livonia, 48150, was received and placed on file for the information of the Council On a motion by Duggan, seconded by Laura, and unanimously adopted, it was. #186-00 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 Duggan, seconded by Laura, and unanimously adopted, it was #187-00 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 XXIII of Ordinance 543, as amended, the Zoning Ordinance of the City of Livonia, the Council does hereby determine that a Public Hearing will take place before the City Council of the City of Livonia on Monday, April 17, 2000, at 7.00 p m at the City Hall, 33000 Civic Center Drive, Livonia, Michigan, with respect to the following items Petition 99-6-1-6, as amended, submitted by Marvin Walkon, for a change of zoning of property located on the west side of Newburgh Road between Pembroke Avenue and St. Martins Avenue in the Northeast 1/4 of Section 6 from RUFC to R-C, the City Planning Commission in its resolution 2-34- 2000 having recommended to the City Council that Petition 99-6-1-6 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 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 32156 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 Laura, and unanimously adopted, it was #188-00 RESOLVED, that the Council does hereby refer to the Administration for a report and recommendation regarding a procedure by which audience communication will have sign-in cards or boards Councilmember Pastor wished his brother, Craig, a "Happy Birthday" Brian Nathan, 29527 Oakview, Livonia, MI 48154, spoke to the Council re Item # 27 - a proposal to renovate a portion of the exterior building elevation of the Buckingham Shopping Center located at 27462 Schoolcraft Road at Inkster Road (Petition 99-9-8-23), and Item #28, re Petition 99-10-8-25, suggesting the Council not use the Walmart site as a role model for proposed petitioners to the City, claiming the site to be an eyesore On a motion by Laura, seconded by Duggan, and unanimously adopted, it was #189-00 RESOLVED, that having considered comments of a resident, the Council does hereby refer the subject of inspecting the Walmart Store site located at 13507 Middlebelt Road to determine if it is in compliance with all conditions set forth when approved by Council to the Administration for its report and recommendation On a motion by Engebretson, seconded by Duggan, and unanimously adopted, this 1412th Regular Meeting of the Council of the City of Livonia was adjourned at 9 50 p m , March 8, 2000 Jtian McCotter, City Clerk