HomeMy WebLinkAboutCOUNCIL MINUTES 1999-09-15 31847
MINUTES OF THE ONE THOUSAND FOUR HUNDREDTH
REGULAR MEETING OF SEPTEMBER 15. 1999
On September 15, 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, Maureen Miller
Brosnan, John J Walsh, Val I Vandersloot, John R. Pastor, Brian Duggan and Jack
Engebretson
Absent: None
Elected and appointed officials present: Jack E. Kirksey, Mayor; Robert
Schron, City Engineer; Mark Taormina, City Planner; Sean Kavanagh, City Attorney;
Karen Tesner, Assistant City Clerk, Karen Szymula, Director of Legislative Affairs, Jack
Fegan, Director of Building Inspection, and Ian Wilshaw, Traffic Commission
On a motion by Duggan, seconded by Brosnan, and unanimously
adopted, it was
#628-99 RESOLVED, that the minutes of the 1,399th Regular Meeting
of the Council held August, 30, 1999 are hereby approved as submitted
During audience communication, Carl Roberts, 29738 Greenland,
Livonia spoke to the Council regarding drainage problems on his property He
indicated that he had contacted the Engineering Division in 1998 and nothing had been
done yet.
On a motion by Brosnan, seconded by Walsh, and unanimously adopted,
it was
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#629-99 RESOLVED, that having considered the remarks of Carl
Roberts, 29738 Greenland, Livonia, re drainage problems on his property,
the Council does hereby request a report and recommendation from the
Engineering Division on this matter
Lynne Schneider, 31660 Vargo, Livonia, spoke about her concerns re. the
the installation of cell towers She stated that her subdivision abuts Rotary Park, and
she talked about the health problems of non-neuro-typical individuals living in close
proximity to the cell tower She indicated that she had written a letter to all City
departments, but had received no response Councilmember Laura requested the
Engineering Division and Department of Law to provide Ms Schneider with the
information requested in the above-mentioned letter
A communication from the Department of Finance, dated August 19, 1999,
re forwarding various financial statements of the City of Livonia for the month ending
July 31, 1999 was received and placed on file for the information of the Council
A communication from the Engineering Division, dated September 9,
1999, re Status of Rosedale Gardens Paving Project was received and placed on file
for the information of the Council (CR 575-99)
An e-mail communication received from Dave Ryktarsyk, 10011 Melrose,
Livonia, dated September 9, 1999 re a penalty charge to the contractor and a
completion date of the Rosedale Gardens Paving Project was received and placed on
file for the information of the Council (CR 575-99)
An e-mail communication from the Engineering Division to Dave
Ryktarsyk, 10011 Melrose, Livonia, dated September 10, 1999 re a response to his
communication of September 9, 1999, was received and placed on file for the
information of the Council
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A communication from the Engineering Division, dated August 12, 1999
re the construction of two residential units in the Whispering Pines Condominiums Site,
was received and placed on file for the information of the Council
Council President Engebretson mentioned the preliminary budget was
received on September 15, 1999, and stated that a Public Hearing on this matter is
scheduled for October 6, 1999
A communication from the Engineering Division, dated September 10,
1999, re Paving Projects planned for the Fiscal Year 2000 with Wayne County, was
received and placed on file for the information of the Council (Consent Agenda #8)
On a motion by Brosnan, seconded by Duggan, it was
#630-99 RESOLVED, that having considered a communication from
Carolyn M Shoptaw, 32301 Cambridge, dated August 23, 1999, to which
is attached a petition from residents of Nottingham Woods Subdivision
requesting re-paving of the residential streets in this area (Cambridge,
Canterbury, Balmoral and Shrewsbury), and before determining to pave
these streets in the Nottingham Woods Subdivision, south of Six Mile
Road and east of Hubbard Road, in the City of Livonia, the cost of which is
to be defrayed by special assessment, the City Engineer is hereby
requested to ascertain the assessed valuation of all property affected by
the proposed improvement, the number of parcels which show tax
delinquencies, the number of parcels owned by public authorities, the
number of parcels which are now vacant, and to prepare and cause to be
prepared, plans and specifications therefor and an estimate of the cost
thereof, and to file the same with the City Clerk together with his
recommendation as to what proportion of the cost should be paid by
special assessment and what part, if any, should be a general obligation
of the City, the number of installments in which assessments may be paid
and the lands which should be included in the proposed Special
Assessment District, pursuant to the provisions of Section 3 08 060 of the
Livonia Code of Ordinances, as amended
A communication from the Division of Police, dated August 11, 1999 re
Administrative response to CR 492-99 - the matter of removing debris from City streets
resulting from traffic accidents - was received and placed on file for the information of
31850
the Council
A communication from the Traffic Commission, dated August 16, 1999, re.
Administrative response to CR 448-99 - the request of Michael Elinsky, 9331 California,
for the installation of left-turn arrows on northbound and southbound Merriman Road at
Joy Road was received and placed on file for the information of the Council
#631-99 RESOLVED, that having considered the report and
recommendation of the Director of Public Works and the Superintendent
of Public Service, dated August 13, 1999, which bears the signature of the
Director of Finance and is approved for submission by the Mayor, with
respect to the bid received for two (2) trailer-mounted 13" brush chippers,
the Council does hereby reject the bid received on May 19, 1999 in
connection with this item, the action herein being taken for the reasons
indicated in the aforesaid communication, FURTHER, the Council does
hereby authorize the Director of Public Works, together with the Director of
Finance, to do all things necessary to re-bid these items in accordance
with the provisions set forth in the Financial Ordinance, the same to
thereafter be submitted to Council for its consideration
#632-99 RESOLVED, that having considered the report and
recommendation of the Director of Public Works and the Superintendent
of Public Service, dated August 9, 1999, which bears the signature of the
Director of Finance and is approved for submission by the Mayor, the
Council does hereby accept the bid of W F Miller Company, Inc., 25125
Trans-X, P 0 Box 605, Novi, Michigan 48376, for supplying the Public
Service Division (Idyl Wyld Golf Course and Fox Creek Golf Course) with
two (2) 30" greens aerators for a total price of$27,014 32, the same
having been in fact the lowest bid received which meets all specifications,
and the bid of Spartan Distributors, Inc. is hereby rejected for the reasons
indicated in the attachment.
#633-99 RESOLVED, that having considered the report and
recommendation of the Director of Public Works and the Superintendent
of Public Service, dated August 16, 1999, which bears the signature of thee
Director of Finance and is approved for submission by the Mayor, the
Council does hereby accept the bid of Spartan Distributors, Inc , 487 W
Division Street, Sparta, Michigan 49345, for supplying the Public Service
Division (Whispering Willows Golf Course) with one (1) utility loader for a
total price of$20,372 00, the same having been in fact the lowest bid
received which meets all specifications, and the bids of Michigan Skid
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Loader, Inc., Industrial Vehicle & Turf Sales, and Cougar Sales & Rental,
Inc. are hereby rejected for the reasons indicated in the attachment;
FURTHER, the Council does hereby approve an expenditure in the
amount of$19,970 00 from Account No 101-681-987-000 (Whispering
61.
Willows Golf Course) and in the amount of$402 00 from Account No 101-
685-985-000 (Fox Creek Golf Course) for this purpose
#634-99 RESOLVED, that having considered the report and
recommendation of the Director of Public Works and the Superintendent
of Public Service, dated August 17, 1999, which bears the signature of the
Director of Finance and is approved for submission by the Mayor, the
Council does hereby approve a one-year extension of the existing contract
with G & M Enterprises, Ltd , 19614 W Eight Mile Road, Southfield,
Michigan 48075, for completing all sweeping required for the City's 1999
Leaf Pickup Program at the unit prices bid in September, 1996,
FURTHER, the Council does hereby authorize the action herein without
competitive bidding in accordance with Section 3 04 140D4 of the Livonia
Code of Ordinances, as amended
#635-99 RESOLVED, that having considered the report and
recommendation of the City Engineer, dated August 26, 1999, 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 Inkster Road
from 1-96 to Five Mile Road, the Council does hereby authorize the Mayor
and City Clerk, for and on behalf of the City of Livonia, to execute the
agreement in the manner and form herein submitted, FURTHER, the
Council does hereby appropriate and authorize the expenditure of the sum
of $28,432 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
BROWNFIELD PLAN
Site Identification Livonia Industrial Center, dated August 1, 1999
City of Livonia (the "Community")
Wayne County Brownfield Zone, Wayne County, Michigan
Pursuant to and in accordance with the provisions of Act 381
of the Public Acts of the State of Michigan of 1996, as amended
#636-99 WHEREAS, the Wayne County Brownfield Redevelopment
Authority (the "Authority"), pursuant to and in accordance with the
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provisions of the Brownfield Redevelopment Financing Act, being Act 381
of the Public Acts of the State of Michigan of 1996, as amended (the
"Act"), has prepared a Brownfield Plan (the "Plan") pursuant to and in
accordance with Section 13 of the Act, to be carried out within a Wayne
County Brownfield Redevelopment Zone (the "Zone") approved by the
Community, and
WHEREAS, as a result of its review of the Plan, the City Council of the
City of Livonia desires to proceed with approval of the Plan,
NOW, THEREFORE, BE IT RESOLVED THAT
1 Findings. The City of Livonia makes the following determinations and
findings.
A. The Plan constitutes a public purpose under the Act;
B The Plan meets all of the requirements for a Brownfield Plan set
forth in Section 13 of the Act;
C The proposed method of financing the costs of the eligible
activities, by Ashley Livonia South, L.L.0 as described in the Plan,
is feasible since the Authority is not required to arrange any
financing,
D The costs of the eligible activities proposed in the Plan are
reasonable and necessary to carry out the purposes of the Act;
and
E Since no taxable value will be captured as a result of adoption of
the Plan, it is reasonable
2 Plan Approved. Pursuant to the authority vested in the Community by
the Act, and pursuant to and in accordance with the provisions of
Section 14 of the Act, the City Council of the City of Livonia concurs
with the approval of the Brownfield Plan for Livonia Industrial Center,
dated August 1, 1999, in the form attached to this resolution
3 Severability. Should any section, clause or phrase,of this resolution
be declared by any Courts to be invalid, the same shall not affect the
validity of this resolution as a whole nor any part thereof other than
the part so declared to be invalid
A communication from Economic Development Office of the Livonia
Planning Department, dated July 23, 1999 re their Annual Report for the period of July
31853
13, 1998 to July 16, 1999, was received and placed on file for the information of the
Council
#637-99 RESOLVED, that having considered the Annual Report of
the Economic Development Office of the Livonia Planning Department,
dated July 23, 1999, prepared by the Economic Development Manager,
the Council does hereby refer this item to the Committee of the Whole for
its report and recommendation
#638-99 RESOLVED, that having considered a communication from
James Martin, 18211 Pershing, dated August 31, 1999, which in
accordance with the provisions of Section 19 08 of Ordinance No 543, as
amended, the Zoning Ordinance, takes an appeal from a determination
made by the City Planning Commission in its resolution 8-151-99 adopted
on August 24, 1999, with regard to Petition 99-8-GB-4 submitted by
James Martin requesting approval to substitute a greenbelt for the
protective wall as required by Section 18 45 for property located at 20414
Farmington Road in the Northwest 1/4 of Section 3, the Council does
hereby designate Monday, November 8, 1999, 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 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 No 543, as amended, the Zoning Ordinance of the City of
Livonia
A roll call vote was taken on the foregoing resolutions with the following result:
AYES Laura, Brosnan, Walsh, Vandersloot, Pastor, Duggan and
Engebretson
NAYS None
On a motion by Laura, seconded by Duggan, it was
#639-99 RESOLVED, that having considered the report and
recommendation of the Committee of the Whole, dated August 10, 1999,
submitted pursuant to Council Resolution 160-99, a letter from the
Michigan Liquor Control Commission, dated June 11, 1998, and the report
and recommendation of the Chief of Police, dated February 26, 1999, in
connection therewith, the Council does hereby recommend approval of the
request from Mesquite, Inc to drop Leo Burton, deceased, as stockholder
31854
in 1998 Class C licensed business with Official Permit (Food) and Sunday
Sales Permit through transfer of his 928 shares back to the corporation,
for a business located at 13800 Middlebelt, Livonia, Michigan, Wayne
County; and the City Clerk is hereby requested to forward a certified copy
of this resolution to the Michigan Liquor Control Commission
A roll call vote was taken on the foregoing resolution with the following result:
AYES Laura, Walsh, Vandersloot, Pastor, Duggan and Engebretson
NAYS Brosnan
The President declared the resolution adopted
A communication from the Division of Police, dated September 10, 1999,
re their findings on the investigation of Michael Hamilton, owner of Mesquite, Inc , was
received and placed on file for the information of the Council
Michael Hamilton, 47915 W Six Mile Road, owner of Mesquite, Inc.,
spoke to Council and stated he has no intention of selling the above-named restaurant,
and plans on opening a second and third restaurant soon (Brighton and Ann Arbor)
On a motion by Walsh, seconded by Vandersloot, and unanimously
adopted, it was
#640-99 RESOLVED, that having considered the report and
recommendation of the Legislative Committee, dated August 31, 1999,
submitted pursuant to Council Resolution 108-99, regarding the matter of
a policy concerning Class C liquor license quotas, the Council does
hereby refer the matter of preparing a policy in response to the availability
of intra-county transfers of Class C liquor licenses by modestly increasing
the number of existing licenses to the Department of Law for its report and
recommendation
On a motion by Walsh, seconded by Vandersloot, and unanimously
adopted, it was
#641-99 RESOLVED, that having considered the report and
recommendation of the Legislative Committee, dated August 31, 1999,
submitted pursuant to Council Resolution 108-99, regarding the matter of
a policy concerning Class C liquor license quotas, the Council does
hereby refer the matter of how other communities in Wayne County are
31855
handling the issue of Class C liquor license quotas to the Department of
Law for its report and recommendation
On a motion by Walsh, seconded by Vandersloot, and unanimously
adopted, it was
#642-99 RESOLVED, that having considered the report and
recommendation of the Legislative Committee, dated August 31, 1999,
submitted pursuant to Council Resolution 108-99, regarding the matter of
a policy concerning Class C liquor license quotas, the Council does
hereby refer the matter of the legislative history of the original Class C
liquor license quota and the legislative intent relative to PA 1998, No 416
to the Department of Law for its report and recommendation
On a motion by Walsh, seconded by Vandersloot, and unanimously
adopted, it was
#643-99 RESOLVED, that having considered the report and
recommendation of the Legislative Committee, dated August 31, 1999,
submitted pursuant to Council Resolution 108-99, regarding the matter of
a policy concerning Class C liquor license quotas, the Council does
hereby refer the matter of preparing a proposed policy allowing the City
Council to review additional intra-county Class C liquor license transfer
requests on a case-by-case basis to the Department of Law for its report
and recommendation
A communication from River Pines Development, dated September 1,
1999 re Petition 98-10-8-33 for River Pines Condominium Site General Plan, received
at the Streets, Roads and Plats Committee meeting of August 31, 1999, was received
and placed on file for the information of the Council (CR 883-98)
The Michigan Department of Environmental Quality Permit, Notice of
Completion, re Petition 98-10-8-33 for River Pines Condominium Site, stamped
received August, 1999 by the DNR, and received at the Streets, Roads and Plats
Committee meeting of August 31, 1999, was received and placed on file for the
information of the Council (CR 883-98)
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A communication from River Pines Development, dated September 1,
1999, re Petition 98-10-8-33 for River Pines Condominium Site Master Deed, received
at the Streets, Roads and Plats Committee meeting of August 31, 1999, was received
.and placed on file for the information of the Council (CR 883-98)
Councilmember Pastor left the podium at 8 36 p m due to a conflict of interest.
On a motion by Laura, seconded by Duggan, it was
#644-99 RESOLVED, that having considered the report and
recommendation of the Streets, Roads, and Plats Committee, dated
August 31, 1999, submitted pursuant to Council Resolution 883-98, and a
communication from the City Planning Commission, dated October 30,
1998, which transmits its resolution 10-185-98, adopted on October 27,
1998, with regard to Petition 98-10-8-33 submitted by River Pines
Development, Inc , requesting Master Deed, Bylaws and Site Plan
approval in connection with a proposal to construct the River Pines Site
Condominiums on property located at 34825 Seven Mile Road in the
Northwest 1/4 of Section 9, pursuant to the provisions set forth in Section
18 62 of Ordinance No 543, as amended, the Council does hereby concur
in the recommendation of the Planning Commission and Petition 98-10-8-
33 is hereby approved and granted, subject to the following conditions
1 That the Master Deed complies with the requirements of the
Subdivision Control Ordinance, Title 16, Chapter 16 04-16 40 of the
Livonia Code of Ordinances, and Article XX of Ordinance No 543,
Section 20 01-20 06 of the ordinance, except the following shall be
incorporated
That the first floor of each condominium unit shall be brick or
stone, on all four sides, and the total amount of brick or
stone on each two-story colonial or cape cod unit shall not
be less than 75%, with full brick chimney, and the total
amount of brick or stone on each one-story ranch style home
shall not be less than 80%, with full brick chimney; and
square foot minimums of usable living space shall be 3,000
for two-story colonials, 2,800 for two-story cape cods and
2,300 for one-story ranch style homes, and sidewalks and
street lights shall be mandatory; FURTHER, that each home
shall be built with no less than a two and one-half car
garage, and the brick or stone requirements shall cover the
entire first floor on a two-story or cape cod home,
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2 That the brick used in the construction of each condominium unit shall
be full-face four (4") inch brick, no exceptions,
3 That the General Plan prepared by Mickalich and Associates, Inc., as
received by the Streets, Roads and Plats Committee on August 31,
1999, is hereby approved and shall be adhered to,
4 That the Landscape Plan prepared by Conroy & Associates, as
received by the Planning Commission on October 6, 1998, is hereby
approved and shall be adhered to, except for the fact that the plant
material listed as "Flame Amur Maple" shall be a minimum of 2" caliper
as required by Section 18 45(c) of the Zoning Ordinance;
5 That the Entrance Marker shown on the Landscape Plan is hereby
approved and shall be adhered to, and
6 That this approval is subject to the petitioner being granted variances
by the Zoning Board of Appeals, and any conditions related thereto, for
the following as outlined in the correspondence from the Inspection
Department dated October 26, 1998
- deficient setback of the decorative fencing along Seven Mile Road
and
- for the entrance marker within the public right-of-way;
7 That the petitioner shall meet to the Engineering Department's
satisfaction the requirement as outlined in their correspondence dated
October 22, 1998
A roll call vote was taken on the foregoing resolution with the following result:
AYES Laura, Brosnan, Walsh, Vandersloot, Duggan and Engebretson
NAYS None
The President declared the resolution adopted
Dean Piekarski, 358 Glen Eagles, Highland, a representative of River
Pines Development, was present to answer questions from the Council
Councilmember Pastor returned to podium at 8 39 p m
On a motion by Laura, seconded by Walsh it was
RESOLVED, that having considered the report and
recommendation of the Streets, Roads and Plats Committee, dated
31858
August 31, 1999, submitted pursuant to Council Resolution 469-99, and a
communication from the City Planning Commission, dated June 10, 1999,
which transmits its resolution 6-103-99 adopted on June 8, 1999, with
regard to Petition 99-5-8-15, submitted by Investico Development
Corporation, requesting site plan approval in connection with a proposal to
construct a condominium development on property located at 9204
•Middlebelt Road in the Southwest 1/4 of Section 36, 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 99-5-8-15 is hereby approved and granted,
subject to the following conditions
1 That the Site Plan marked Sheet CE-1 prepared by The Building
Design Group, as received by the Planning Commission on May 25,
1999, is hereby approved and shall be adhered to,
2 That the Landscape Plan marked Sheet L-1 prepared by The Building
Design Group, as received by the Planning Commission on May 25,
1999, is hereby approved and shall be adhered to,
3 That all 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 marked Sheet A-1 prepared
by The Building Design Group, as received by the Planning
Commission on May 25, 1999, 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 Master Deed complies with the requirements of the
Subdivision Control Ordinance, Title 16, Chapter 16 04-16 40 of the
Livonia Code of Ordinances, and Article XX of Ordinance #543,
Section 20 0.1-20 06 of the Ordinance,
8 That an Entrance Marker Application shall be submitted to the
Planning Commission and City Council for their review and approval,
9 That the petitioner shall meet to the Fire Department's satisfaction the
requirements as outlined in their correspondence dated May 12, 1999
31859
- all access roads shall become designated fire lanes and posted
as such,
- placement landscaping shall not interfere with turning radius of
vehicles,
- turning radius in critical areas of driveways shall be increased from
10 feet to 15 feet; and
10 That this approval is subject to the petitioner being granted a
variance from the Zoning Board of Appeals for deficient yard setbacks
as defined in the correspondence dated May 12, 1999, from the
Inspection Department.
On a motion by Duggan it was
RESOLVED, that the Council does hereby determine to
substitute a resolution in lieu of the foregoing which would require
additional landscaping and street lighting
Laura and Walsh withdrew their motions on the foregoing resolutions
On a motion by Duggan, seconded by Brosnan, and unanimously
adopted, it was.
#645-99 RESOLVED, that having considered the report and
recommendation of the Streets, Roads and Plats Committee, dated
August 31, 1999, submitted pursuant to Council Resolution 469-99, and a
communication from the City Planning Commission, dated June 10, 1999,
which transmits its resolution 6-103-99 adopted on June 8, 1999, with
regard to Petition 99-5-8-15 submitted by Investico Development
Corporation, requesting site plan approval in connection with a proposal to
construct a condominium development on property located at 9204
Middlebelt Road in the Southwest 1/4 of Section 36, 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 99-5-8-15 is hereby approved and granted,
subject to the following conditions
1 That the Site Plan marked Sheet CE-1 prepared by The Building
Design Group, as received by the Planning Commission on May 25,
1999, is hereby approved and shall be adhered to,
2 That a Landscape Plan, received on September 14, 1999,
including additional plantings along Middlebelt Road and on the
31860
side of the buildings along the north side of the main entrance
road, is hereby approved,
3 That all 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 marked Sheet A-1 prepared
by The Building Design Group, as received by the Planning
Commission on May 25, 1999, 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 Master Deed complies with the requirements of the
Subdivision Control Ordinance, Title 16, Chapter 16 04-16 40 of the
Livonia Code of Ordinances, and Article XX of Ordinance #543,
Section 20 01-20 06 of the Ordinance,
8 That an Entrance Marker Application shall be submitted to the
Planning Commission and City Council for their review and approval,
9 That the petitioner shall meet to the Fire Department's satisfaction the
requirements as outlined in their correspondence dated May 12, 1999
- all access roads shall become designated fire lanes and posted as
such,
- placement landscaping shall not interfere with turning radius of
vehicles,
- turning radius in critical areas of driveways shall be increased from
10 feet to 15 feet;
10 That this approval is subject to the petitioner being granted a variance
from the Zoning Board of Appeals for deficient yard setbacks as
defined in the correspondence dated May 12, 1999, from the
Inspection Department; and
11 That street lighting shall be installed consisting of 100-watt high
pressure sodium lights on 18' high Hallbrook poles with
underground wiring
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A communication from Investco Development Corporation, 330 E
Maple Road, Suite B, Troy, Michigan 48083, dated September 14, 1999 re a
Gip
revised landscaping plan for Petition 99-5-8-15, to construct a condominium
development located at 9204 Middlebelt Road, was received and placed on file
for the information of the Council (CR469-99)
Ron Cachman, representing lnvestco Development Corporation,
briefly addressed the Council concerning the revised landscaping plan
On a motion by Laura, seconded by Duggan, and unanimously
adopted, it was
#646-99 RESOLVED, that having considered the report and
recommendation of the Streets, Roads and Plats Committee,
dated August 31, 1999, submitted pursuant to Council Resolution
469-99, and a communication from the City Planning Commission,
dated June 10, 1999, which transmits its resolution 6-103-99
adopted on June 8, 1999, with regard to Petition 99-5-8-15
submitted by Investico Development Corporation, requesting site
plan approval in connection with a proposal to construct a
condominium development on property located at 9204 Middlebelt
Road in the Southwest 1/4 of Section 36, pursuant to the
provisions set forth in Section 18 58 of Ordinance No 543, as
amended, the Council does hereby refer the matter of storm water
drainage in this area to the Engineering Division for its report and
recommendation
Vandersloot gave first reading to the following Ordinance
AN ORDINANCE AMENDING TITLE 6, CHAPTER 6 06
(CATS) OF THE LIVONIA CODE OF ORDINANCES, AS
AMENDED
Vandersloot invoked the Emergency Clause and gave second
reading to the foregoing Ordinance and a roll call vote was taken thereon with
the following result.
31862
AYES Laura, Brosnan, Walsh, Vandersloot, Pastor, Duggan and
Engebretson
NAYS None
The President declared the foregoing Ordinance duly adopted, and would become
effective upon publication
On a motion by Brosnan, seconded by Pastor and unanimously adopted, it
was
#647-99 RESOLVED, that having considered a letter from Lyndon C
Lewis, Assistant Principal of Franklin High School, dated August 23, and
a communication from Lieutenant Kevin I Dawley of the Livonia Police
Department, dated September 14, 1999, the Council does hereby approve
and recognize the Franklin High School Patriot Street Homecoming
Parade to be held on Friday, October 1, 1999, beginning at 12 30 p m ,
FURTHER, the Council does hereby approve the parade route as follows
Exit the east driveway of Franklin High School and travel east to Hillcrest;
North on Hillcrest and east on Olson to Henry Ruff;
North on Henry Ruff to Robert Drive, west to Sunset;
South on Sunset to Hathaway, east to Henry Ruff;
South on Henry Ruff to Olson, west on Olson to Hillcrest;
South on Hillcrest to Joy, west on Joy to the east driveway of Franklin
High School
FURTHER, the Council does hereby request that the Wayne County Road
Commission allow the City of Livonia to close the necessary roads
between the hours of 12 30 p m and 2 15 p m or until the roads are
returned to normal traffic operation, that the City of Livonia will assume
liability for any damage claims which may arise as a result of the road
closure, as to Wayne County onlly, and that Lt. Kevin Dawley is hereby
designated and authorized to sign the road closure permit on behalf of the
City of Livonia
A communication from the Lt. Kevin Dawley, Division of Police, dated
September 14, 1999, re recommended route for Franklin High School Parade to be
held on October 1, 1999 from 12 30 — 2 15 p m was received and placed on file for the
information of the Council
31863
On a motion by Walsh, seconded by Laura, and unanimously adopted, it
was
#648-99 RESOLVED, that having considered a letter from the
National League of Cities, dated August 18, 1999, with regard to the
Annual Business Meeting to be held in Los Angeles, California, on
November 30 - December 4, 1999, the Council does hereby designate
Brian Duggan as the Official Representative and Voting Delegate of the
City of Livonia at the Annual Meeting and does further delegate Joe Laura
as the alternate, and the City Clerk is hereby requested to do all things
necessary or incidental to the full performance of this resolution
Walsh gave first reading to the following Ordinance
AN ORDINANCE AMENDING SECTIONS 010, 030, 066
AND 075 AND ADDING SECTION 072 TO TITLE 10,
CHAPTER 36 (OPERATING VEHICLE WHILE UNDER
INFLUENCE OF LIQUOR AND/OR CONTROLLED
SUBSTANCE OF THE LIVONIA CODE OF ORDINANCES,
AS AMENDED
Walsh invoked the Emergency Clause and gave second reading to the
foregoing Ordinance, and a roll call vote was taken thereon with the following results
AYES Laura, Brosnan, Walsh, Vandersloot, Pastor, Duggan and
Engebretson
NAYS None
The President declared the foregoing Ordinance duly adopted, and would become
effective on publication
Duggan gave first reading to the following Ordinance
AN ORDINANCE AMENDING SECTIONS 050, 150, AND 180,
ADDING.SECTION 160 AND REPEALING SECTION 055 OF
TITLE 10, CHAPTER 18 (CERTIFICATES AND LICENSES),
OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED
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:
31864
AYES Laura, Brosnan, Walsh, Vandersloot, Pastor, Duggan and
Engebretson
NAYS None
The President declared the foregoing Ordinance duly adopted, and would become
effective on publication
Councilmember Duggan left the podium at 8 51 p m due to a conflict of interest.
On a motion by Pastor, seconded by Brosnan, it was
#649-99 RESOLVED, that having considered a communication from
the City Assessor, dated August 17, 1999, approved for submission by the
Mayor, with regard to a request from Leo Soave, 34822 Pembroke,
Livonia, Michigan 48152, and in accordance with the provisions of 1967
PA 288, as amended, as well as Section 18 46 of Ordinance 543, as
amended, the Council does hereby approve of the proposed division of
Tax Item No 46-130-01-0056-003 into two parcels, the legal descriptions
of which shall read as follows
PARCEL A
LOT 56B1 SUPERVISOR'S LIVONIA PLAT NUMBER ONE,
PART OF THE NW % OF SECTION 33, T 1S , R.9E , LIVONIA
TOWNSHIP (NOW CITY OF LIVONIA), WAYNE COUNTY
MICHIGAN AS RECORDED IN LIBER 65, PAGE 52, WAYNE
COUNTY RECORDS, THE EAST 305 FEET OF THE WEST
330 FEET OF LOT 56
PARCEL B
LOT 57B1 SUPERVISOR'S LIVONIA PLAT NUMBER ONE,
PART OF THE NW 1/4 OF SECTION 33, T 15 , R.93 , LIVONIA
TOWNSHIP (NOW CITY OF LIVONIA), WAYNE COUNTY
MICHIGAN AS RECORDED IN LIBER 65, PAGE 52, WAYNE
COUNTY RECORDS, THE EAST 305 FEET OF THE WEST
330 FEET OF LOT 57
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
31865
A roll call vote was taken on the foregoing resolution with the following result:
AYES Laura, Brosnan, Walsh and Pastor
NAYS Vandersloot and Engebretson
The President declared the resolution adopted
Councilmember Duggan remained off the podium due to a conflict of interest.
On a motion by Brosnan, seconded by Laura, it was
#650-99 RESOLVED, that having considered a communication from
the City Planning Commission, dated August 9, 1999, which transmits its
resolution 7-128-99, adopted on July 13, 1999, with regard to the
proposed preliminary plat of Kenwood Meadows Subdivision to be located
on the south side of Five Mile Road between Santa Anita and Cavell
Avenues in the Northeast 1/4 of Section 24, City of Livonia, Wayne
County, Michigan, and the preliminary plat having been approved by the
City Planning Commission on July 13,1999, the Council does hereby
approve of the said preliminary plat based upon the same conditions as
those set forth in the aforesaid Planning Commission action as reflected
on revised plans dated August 26, 1999, and subject to the receipt of a
report and recommendation by the City Engineer relative to the
development plans and specifications for the improvements therein, and
the financial assurances guaranteeing the satisfactory installation of such
improvements, FURTHER, the Council does hereby waive the Open
Space Requirement of the Subdivision Rules and Regulations set forth in
the Subdivision Control Ordinance
A roll call vote was taken on the foregoing resolution with the following result:
AYES Laura, Brosnan, Walsh, Vandersloot, Pastor and Engebretson
NAYS None
The President declared the resolution adopted
A Revised Preliminary Plat, dated August 26, 1999 re Kenwood Meadows
Subdivision proposed to be located on the south side of Five Mile Road between Santa
Anita and Cavell Avenues in the northeast 1/4 of Section 24, was received and placed on
file for the information of the Council
31866
Councilmember Duggan remained off the podium due to a conflict of interest.
On a motion by Brosnan, seconded by Pastor, it was
#651-99 RESOLVED, that having considered a communication from
the City Planning Commission, dated August 11, 1999, which transmits its
resolution 8-148-99 adopted on August 10, 1999, with regard to Petition
99-7-8-21, submitted by Leo Soave, requesting site plan approval in
connection with a proposal to construct a commercial building on property
located at 33611 Plymouth Road in the Northeast 1/4 of Section 33,
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 99-7-8-21 is hereby approved and
granted, subject to the following conditions
1 That the Site Plan submitted by Leo Soave Building Company, as
received by the Planning Commission on July 29, 1999, is hereby
approved and shall be adhered to,
2 That the Landscape Plan submitted by Leo Soave Building Company,
as received by the Planning Commission on July 30, 1999, is hereby
approved and shall be adhered to,
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 Plans submitted by Leo Soave
Building Company, as received by the Planning Commission on July
29, 1999, are hereby approved and shall be adhered to,
6 That the three walls of the trash dumpster area shall be constructed out
of the same material used in the construction of the building, and the
enclosure gates shall be maintained and, when not in use, closed at all
times,
7 That no more than a combined total of four (4) businesses shall be
allowed to occupy tenant space within both buildings at any one given
time,
8 That all light standards shall be shielded from the adjacent properties
and shall not exceed 20 feet in height,
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9 That the petitioner shall correct to the Inspection Department's
satisfaction the following site deficiencies as outlined in the
correspondence dated August 5, 1999
- that the entire parking lot shall be repaired, resealed and double
striped,
- that the required accessible parking spaces shall be installed
according to the current BOCA Codes,
10 That the petitioner shall correct to the Department of Public Safety's
satisfaction the following site deficiencies as outlined in the
correspondence received by the Planning Commission on August 6,
1999
- that a fire hydrant be provided in the vicinity of the new commercial
building,
- that adequate turning radiuses and vertical clearances be provided
on the site,
11 That no signs, either freestanding or wall mounted, are approved with
this petition, all such signage shall be separately submitted for review
and approval by the Planning Commission and City Council,
12 Larger (picture-type) windows shall be installed on the new building to
the satisfaction of the Planning Department, and
13 There shall be strict adherence to the ordinance in terms of the
permitted uses, and there shall be no manufacturing or outdoor
storage permitted on this site
A roll call vote was taken on the foregoing resolution with the following result:
AYES Laura, Brosnan, Walsh, Vandersloot, Pastor and Engebretson
NAYS None
The President declared the resolution adopted
•
Councilmember Duggan returned to the podium at 8 54 p m
A communication from the Inspection Department, dated September 9,
1999 re their response to questions raised at the Council Study Meeting of September
31868
8, 1999, relating to property located at 29802 Greenland, was received and placed on
file for the information of the Council
A communication from the Department of Law, dated September 13,
1999, re policies and procedures of the Zoning Board of Appeals in relation to non-
conforming lot splits, precise language to be used in Council resolutions re non-
conforming lot splits, and the voting process from the March 30, 1999 Zoning Board of
Appeals meeting, was received and placed on file for the information of the Council
A communication from Edwin Shymanski, 29840 Greenland, dated
September 8, 1999, attached to a April 14, 1999 letter from Ken and Valerie Mundy,
29820 Greenland, re the permit process on property located at 29820 Greenland, was
received and placed on file for the information of the Council
A communication from Ken and Valerie Munday, 29820 Greenland,
dated September 13, 1999 re their viewpoint of circumstances involved in the building
of their home at said location, was received and placed on file for the information of the
Council
A communication from Edwin Shymanski, 29840 Greenland, dated
September 13, 1999 re a sequence of events relating to the property located at 29820
Greenland, was received and placed on file for the information of the Council
A packet of documents prepared by Karen Szymula, Director of
Legislative Affairs, re a request made at the Study Meeting held on September
8, 1999, was received and placed on file for the information of the Council
The President relinquished the Chair to the Vice President at 9 00 p m
On a motion by Brosnan, seconded by Vandersloot, it was
31869
#652-99 RESOLVED, the Council does hereby refer the
subject matter of non-conforming lot splits to the Legislative
Committee for its report and recommendation
A roll call vote was taken on the foregoing resolution with the following result:
AYES Laura, Brosnan, Engebretson, Vandersloot, Pastor,
Duggan and Walsh
NAYS None
The Vice-President declared the resolution adopted
On a motion by Brosnan, seconded by Pastor, it was
#653-99 RESOLVED, that having considered the report and
recommendation of the Department of Law, dated August 23, 1999,
approved for submission by the Mayor, in connection with the lot split and
zoning variance at 29802 and 29820 Greenland, and correspondence
from Mr Edwin S Shymanski, dated July 12, 1999, the Council does
hereby refer the subject of the significance of the votes taken at the March
30, 1999 Zoning Board of Appeals meeting and the correctness of the
procedure used therein to the Department of Law for its report and
recommendation
A roll call vote was taken on the foregoing resolution with the following result:
AYES Laura, Brosnan, Engebretson, Vandersloot,
Pastor, Duggan and Walsh
NAYS None
The Vice President declared the resolution adopted
The President resumed the Chair at 9 05 p m
On a motion by Brosnan, seconded by Pastor, and unanimously adopted,
it was
#654-99 RESOLVED, that having considered a communication from
the City Planning Commission, dated June 10, 1999, which sets forth its
resolution 6-96-99 adopted on June 8, 1999, with regard to Petition 99-2-
1-3, submitted by the City Planning Commission, pursuant to Section
23 01(b) of Ordinance No 543, the Zoning Ordinance of the City of
Livonia, as amended, for a change of zoning of property located on the
31870
north side of Six Mile Road between the 1-275 Expressway and Fox Drive
in the Southwest 1/4 of Section 7, from R-5C to OS, and the Council
having conducted a public hearing with regard to this matter on Monday,
August 23, 1999, pursuant to Council Resolution 454-99, the Council does
hereby approve Petition 99-2-1-3 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 Pastor, seconded by Duggan, and unanimously adopted,
it was
#655-99 RESOLVED, that having considered a communication from
the City Planning Commission, dated June 10, 1999, which sets forth its
resolution 6-101-99 adopted on June 8, 1999, with regard to Petition 99-5-
6-2, submitted by the City Planning Commission, on its own motion, to
determine whether or not to amend Article X, Section 10 03 and Article XI,
Section 11 03 of the Zoning Ordinance so as to set forth controls with
respect to customer accessibility to the types of alcoholic beverages
allowed for sale in connection with the use of an SDD license, and the
Council having conducted a public hearing with regard to this matter on
Monday, August 23, 1999, pursuant to Council Resolution 456-99, the
Council does hereby approve Petition 99-5-6-2 for preparation of the
ordinance for submission to Council, and 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 Walsh, and unanimously adopted, it
was
#656-99 RESOLVED, that having considered a communication from
the City Planning Commission, dated June 10, 1999, which sets forth its
resolution 6-97-99, adopted on June 8, 1999, with regard to Petition 99-4-
1-4, submitted by American Four, L L C , for a change of zoning of
property located on the north side of Ann Arbor Trail between Stark and
Farmington Roads in the Southeast 1/4 of Section 33, from RUF to R-1,
and the Council having conducted a Public Hearing with regard to this
matter on Wednesday, September 1, 1999, pursuant to Council
Resolution 453-99, the Council does hereby approve Petition 99-4-1-4, as
amended so as to rezone the property to R-1 B, for preparation of the
ordinance for submission to Council, and the City Planner is hereby
31871
instructed to cause the necessary map for publication to be prepared
indicating the zoning change herein approved and to furnish the same to
the Department of Law and, upon receipt of such map, the Department of
Law is requested to prepare an ordinance amending Ordinance 543, as
amended, in accordance with this resolution
A communication from the Planning Department, dated September 7,
1999, re Petition 99-4-1-4 American Four, L.L.0 , submitting a copy of Declaration of
Easement, Covenants and Restrictions for an adjacent development for proposed
zoning compatibility, was received and placed on file for the information of the Council
On a motion by Duggan, seconded by Brosnan, and unanimously
adopted, it was
#657-99 RESOLVED, that having considered a communication from
the City Planning Commission, dated June 10, 1999, which sets forth its
resolution 6-97-99, adopted on June 8, 1999, with regard to Petition 99-4-
1-4, submitted by American Four, L.L.0 , for a change of zoning of
property located on the north side of Ann Arbor Trail between Stark and
Farmington Roads in the Southeast 1/4 of Section 33, from RUF to R-1,
and the Council having conducted a Public Hearing with regard to this
matter on Wednesday, September 1, 1999, pursuant to Council
Resolution 453-99, the Council does hereby refer this matter to the
Streets, Roads and Plats Committee for its report and recommendation
Councilmember Duggan left the podium at 9 10 p m due to a conflict of interest.
On a motion by Laura, seconded by Pastor, it was
RESOLVED, that due to a request of Leo Soave, Petitioner,
(Petition 98-10-1-19) asking for a withdrawal of his request for rezoning
property on the south side of Six Mile Road between Oporto Street and
Middlebelt Road, the Council does hereby determine to take no further
action at this time
i I
Leo Soave, 34822 Pembroke, spoke and asked Council to table the
matter of Petition 98-10-1-19 until further notice from him so that he could revise his
plans
Councilmembers Laura and Pastor withdrew their motion on the foregoing
31872
proposed resolution for no further action
On a motion by Laura, seconded by Brosnan, it was
#658-99 RESOLVED, that having considered a communication from
the City Planning Commission, dated June 25, 1999, which sets forth its
resolution 6-113-99, adopted on June 22, 1999, with regard to Petition 98-
10-1-19, submitted by Leo Soave, 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 and OS to
R-2, and the Council having conducted a Public Hearing with regard to
this matter on Wednesday, September 1, 1999, pursuant to Council
Resolution 453-99, the Council does hereby reject the recommendation of
the Planning Commission and Petition 98-10-1-19 is hereby denied for the
following reasons
1 That the proposed change of zoning is inconsistent with the prevailing
RUF zoning in the area,
2 That the change of zoning will provide for lot sizes which are
inconsistent with the majority of the existing lots in this general 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 current zoning classification adequately provides for the
utilization of the subject properties
A petition signed by thirteen property owners of Livrance Estates, received
at the City Clerk's office on September 10, 1999, opposing Petition 98-10-1-19,
rezoning of property, was received and placed on file for the information of the Council
A communication from Nora Klus, 15900 Auburndale, Livonia, dated
September 7, 1999, re her opposition to Petition 98-10-1-19 and her offer to participate
in a study group, if formed, was received and placed on file for the information of the
Council
A communication from Leo Soave, 34822 Pembroke, dated September 3,
1999, re Petition 98-10-1-19, asking that this matter be tabled in order to give him
31873
time to revise his plans, was received and placed on file for the information of the
Council
A communication from Richard Castillenti, 27841 Stanmoor, Livonia,
dated August 12, 1999, re Petition 98-10-1-19 and his opposition to the rezoning
contained therein, was received and placed on file for the information of the Council
The President relinquished the Chair to the Vice President at 9 18 p m
A roll call vote was taken on the foregoing denying resolution with the following result:
AYES Laura, Brosnan, Engebretson, Vandersloot, Pastor and Walsh
NAYS None
The Vice President declared the resolution adopted
The President resumed the Chair at 9 22 p m
Councilmember Duggan returned to the podium at 9.22 p m
On a motion by Duggan, seconded by Laura, and unanimously adopted, it
was
#659-99 RESOLVED, that having considered a communication from
the City Planning Commission, dated April 12, 1999, which transmits its
resolution 3-45-99, adopted on March 23, 1999, with regard to Petition 99-
2-2-5, submitted by Rocky Zebari, requesting waiver use approval to
utilize SDD and SDM licenses within an existing building located on the
Northeast corner of Middlebelt Road and St. Martins Avenue in the
Southwest 1/4 of Section 1, which property is zoned C-2, the Council does
hereby concur in the recommendation made by the City Planning
Commission and Petition 99-2-2-5 is hereby approved and granted subject
to the following conditions
1 That the petitioner shall rectify to the Inspection Department's
satisfaction the problems and site deficiencies as outlined in their
correspondence dated March 11, 1999,
2 That dryvit shall be placed on the full width of the canopy fascia on the
front of the building, and the dryvit shall also be continued along the
31874
top five (5') feet the full extent of the south elevation as depicted on
the perspective drawing marked Drawing Number 99-0212 prepared
by Seymour Zate, Architect, dated February 3, 1999,
3 That the dumpster enclosure to be provided adjacent to the rear wall
of the building shall be of masonry construction and shall have wood
gates which shall be properly maintained and, when not in use, closed
at all times,
4 That no signs are approved with this petition and any new signage,
either freestanding or wall mounted, shall be submitted for review and
approval by the Planning Commission and City Council prior to the
issuance of any sign permits, and
FURTHER, the Council does hereby waive the 500 foot separation
requirement relative to SDM licenses as set forth in Section 11 03(r)(1) of
Zoning Ordinance 543
Rocky Zebari, 29623 Eight Mile Road, Livonia, was present at the meeting to answer
questions of the Council
On a motion by Duggan, seconded by Laura, and unanimously adopted, it
was
#660-99 RESOLVED, that having considered a communication from
the City Planning Commission, dated August 20, 1999, which sets forth its
resolution 8-145-99 adopted on August 10, 1999, with regard to Petition
99-6-1-9, submitted by Steven J Summers/Twin Valley Corporation, for a
change of zoning of property located on the north side of Schoolcraft
between Merriman Road and Berwick Avenue in the Southeast 1/4 of
Section 22, from RUF to OS, and also having considered a communi-
cation from Steven J Summers, Twin Valley Corporation, dated August
22, 1999, the Council does hereby determine to take no further action
based upon petitioner's withdrawal of its petition
A communication from Philip J Machalski, 13930 Berwick, Livonia, dated
August 26, 1999, re Petition 99-6-1-9, change of zoning on property located on the
north side of Schoolcraft between Merriman Road and Berwick, expressing his
opposition to this rezoning, was received and placed on file for the information of the
Council
31875
A communication from Steven J Summers, Twin Valley Corporation,
dated August 22, 1999, re Petition 99-6-1-9 rezoning of property located at 31850
Schoolcraft Road, withdrawing his request on the above-mentioned property, was
received and placed on file for the information of the Council
On a motion by Walsh, seconded by Vandersloot, and unanimously
adopted, it was
#661-99 RESOLVED, that having considered a request from Council
President Jack Engebretson to amend Council Resolution 533-99 in order
to designate an official representative and voting delegate, the Council
does hereby amend and revise Council Resolution 533-99 so as to have
the same read as follows
RESOLVED, that having considered a letter from the Michigan
Municipal League, dated July 2, 1999, with regard to the Annual
Meeting of the League to be held in Grand Rapids, Michigan, on
October 6-8, 1999, the Council does hereby designate
Councilmember Brian Duggan as the Official Representative and
Voting Delegate of the City of Livonia at the Annual Meeting, and the
City Clerk is hereby requested to do all things necessary or incidental
to the full performance of this resolution
On a motion by Brosnan, seconded by Walsh, and unanimously
adopted, it was
#662-99 RESOLVED, that having considered a communication from
the Department of Law, dated August 31, 1999, approved for submission
by the Mayor, transmitting for Council acceptance a Quit Claim Deed more
particularly described as follows
Quit Claim Deed dated August 26, 1999, executed by Leo
Soave, President, Leo Soave Building, Inc , to the City of Livonia
for
Elmira Avenue and Arthur Avenue Right-Of-Way
Part of the Northeast 1/4 of Section 32, Town 1 South, Range 9
East, City of Livonia, Wayne County, Michigan, more fully
described as commencing at the north 1/4 corner of said Section
32, thence S 89°39'43" E 1021 40 ft. along the north line of said
31876
Section 32, thence S 00°24'17" E 488 47 ft., thence S 89°40'30"
E 180 00 ft., thence S 00°24'17"E. 35 00 ft., thence S 85°04'54"
E. 124 87 ft. to the west line of Kenwood Park Subdivision as
tier recorded in Liber 91 of Plats, Page 75, Wayne County Records,
thence S 00°28'51" W 35 00 ft. along said west line of Country
Homes Subdivision No 3 to the point of beginning as recorded in
Liber 78 of Plats, Page 42, Wayne County Records, thence S
00°28'51"W , 40 00 feet to the northeast corner of said
subdivision, thence N 89°40'30" W , 17 00 feet along the north
line of said subdivision, thence N 23°28'57" E , 43 51 feet to the
point of beginning (for the purpose of Elmira Avenue and Arthur
Avenue right-of-way) containing approximately 340 sq ft. or 0 0078
acres.
the Council does hereby, for and in behalf of the City of Livonia, accept
the aforesaid quit claim deed, and the City Clerk is hereby requested to do
all other things necessary or incidental to fulfill the purpose of this
resolution
On a motion by Brosnan, seconded by Duggan, it was
#663-99 RESOLVED, that having considered a communication from
the Deparfment of Law, dated August 31, 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 Tuesday, September 21,
1999, following the 7 30 p m Legislative Committee meeting, for the
purpose of discussing litigation matters and attorney/client privileged
communications in connection with pending litigation regarding Pamela
McKee v City of Livonia
A roll call vote was taken on the foregoing resolution with the following result:
AYES Laura, Brosnan, Walsh, Vandersloot, Pastor, Duggan and
Engebretson
NAYS None
The President declared the resolution adopted
Councilmember Brosnan thanked the voters in the City of Livonia who
took the time to participate in the primary election of September 14, 1999
Assistant City Clerk Karen Tesner also thanked the voters in the City of
Livonia for their participation in the election process, as well as the election workers and
the staff in the Office of the City Clerk
31877
Councilmember Laura and Council President Engebretson both spoke to
the issue of having future elections televised, in real time, by City Channel 8 They
made a friendly request that this should include general, primary and school elections
because this information should be available to the general public as soon as possible.
On a motion by Brosnan, seconded by Walsh, and unanimously adopted,
this 1,400th Regular Meeting of the Council of the City of Livonia was adjourned at 9.37
p.m., September 15, 1999
1/ (7ittat-V__,
.an McCotter, City Clerk