HomeMy WebLinkAboutCOUNCIL MINUTES 1999-11-10 31964
MINUTES OF THE ONE THOUSAND FOUR HUNDRED FOURTH
REGULAR MEETING OF NOVEMBER 10, 1999
On November 10, 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 Pastor delivered the invocation
Roll was called with the following result: John R. Pastor, Brian Duggan,
Joe Laura, Maureen Miller Brosnan, John J Walsh, Val I Vandersloot, 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;
Mike Slater, Director of Finance, Linda McCann, Director of Community Resources,
Karen Szymula, Director of Legislative Affairs, Jeanne Treff, Administrative Assistant -
Cable, and Joan McCotter, City Clerk.
On a motion by Duggan, seconded by Brosnan, and unanimously
adopted, it was
#763-99 RESOLVED, that the minutes of the 1,403rd Regular
Meeting of the Council held October 27, 1999 are hereby approved as
submitted
Council President Engebretson asked the record to show that a Letter of
Understanding from Marvin's Bistro, requested at the Council meeting of October 27,
1999, regarding the matter of new entertainment expansion of their liquor license, has
been presented to the Council and is on file in the City Clerk's office
During an audience communication, James Szkrybalo, 14316 Gary Lane,
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Livonia, expressed his appreciation to the founding City fathers, the present elected City
officials, the employees and volunteers of the City of Livonia for making Livonia a fine
place to live, and was pleased with the clean election campaign that was held in
November , 1999
Council President Engebretson recognized the attendance at the meeting
of Boy Scout Troop #400 from the Church of the Latter Days Saints, along with their
Assistant Scoutmaster Gary Farmer, at the City Council meeting
On a motion by Brosnan, seconded by Laura, and unanimously adopted, it
was
#764-99 RESOLVED, that the Council does hereby amend the
Orders of the Day to allow the removal of Item #14, the proposed
Ameritech New Media Cable Television Franchise Agreement, from the
Council agenda
Council President Engebretson made mention of Veteran's Day that is
observed on November 11, and paid tribute to the men and women that served the
United States in military service
City Clerk Joan McCotter congratulated Precinct 16-A, served by Cass
Elementary School, for having the largest voter turn-out in the City, with a percentage of
22 6%
A communication from Engineering, dated November 8, 1999, re final
corrective measures on the status of Rosedale Gardens Paving Project, was received
and placed on file for the information of the Council
A communication from the Department of Finance, dated October 20,
1999, re forwarding various financial statements of the City of Livonia for the month
ending September 30, 1999, was received and placed on file for the information of the
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Council
A communication from the Engineering Department, dated November 9,
1999, re additional information pertaining to MDOT Contract No 55-5436 — Plymouth
Road Resurfacing Farmington Road to Inkster Road - was received and placed on file
for the information of the Council (Agenda Item #5)
On a motion by Duggan, seconded by Pastor, and unanimously adopted,
it was
#765-99 RESOLVED, that having considered a communication from
the President of the Friends of the Barn, Inc., dated October 25, 1999, to
which is attached a sketch showing the footing dimensions and certain
physical data and a picture of a similar structure in connection with the
proposed installation of a windmill at the Wilson Barn Park, the Council
does hereby approve the request of the Friends of the Wilson Barn, Inc. to
install a restored windmill at this location subject to execution of
appropriate Hold Harmless Agreements, which shall be approved as to
form by the Department of Law
#766-99 RESOLVED, that having considered a communication from
the City Assessor, dated October 22, 1999, approved for submission by
the Mayor, with regard to a request from Geraldine Martin, 20418 Hickory
Lane, Livonia, Michigan 48152, and Jeffrey and Dawn Nimmo, 20440
Hickory Lane, 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 and combination of Tax Item Nos 46-022-01-0029-000
and 46-022-01-0030-002 into two (2) parcels, the legal descriptions of
which shall read as follows
Lot 29
That part of Lot 29 of"Livonia Hills Estates", a subdivision in the
Northwest 1/4 of Section 6, T 1S, R 9E, City of Livonia, Wayne
County, Michigan described as beginning at the Northwest corner
of lot 29 and proceeding thence South 84D 15M 08S East, 156 95
feet; thence South 04D 25M 53S East, 85 00 feet; thence South
81D 21M 13S West, 140 00 feet; thence North 67D OOM 29S West,
63 19 feet to a point on a curve being the East right-of-way line of
Hickory Lane, thence Northerly 103 45 feet along a curve having a
radius of 230 00 feet, and a chord bearing and distance of North
L
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19D 16M 04S East, 102 58 feet to the point of beginning Subject
to easements of record Containing 0 41 Acres
Lot 31:
That part of Lots 29, 30 and 31 of"Livonia Hills Estates", a
subdivision in the Northwest 1/4 of Section 6, T 1S, R 9E, City of
Livonia, Wayne County, Michigan described as beginning at the
Northeast corner of Lot 31 and proceeding thence North 81D 21M
13S East, 10 00 feet; thence South 04D 49M 08S East, 147 07 feet
to a point on a curve being the North right-of-way line of Jahn Drive,
thence Westerly 206 72 feet along a curve having a radius of
940 00 feet, and a chord distance and bearing of North 86D 08M
56S West, 206 30 feet; thence North 10D 37M 54S West, 14 58
feet to a point on a curve being the East right-of-way line of
Hickory Lane, thence Northerly 105 30 feet along a curve having a
radius of 242 42 feet, and chord bearing and distance of North 44D
56M 32S East, 104 58 feet; thence 86 69 feet along a curve to the
left having a radius of 230 00 feet and a chord bearing and distance
of North 38D 46M 07S East, 86 60 feet; thence South 67D OOM
29S East, 63 19 feet to the point of beginning Subject to
easements of record Containing 0 53 Acres
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 to the
extent required by law and city ordinance, the action herein is made
subject to the approval of the Zoning Board of Appeals
#767-99 RESOLVED, that having considered the report and
recommendation of the Director of Finance, dated October 4, 1999,
approved for submission by the Mayor, the Council does hereby approve
of the request from Nationwide Retirement Solutions (PEBSCO) to make
available the Morley Stable Value Retirement Fund as an additional
investment option in the Deferred Compensation Plan, and the Director of
Finance is hereby authorized, for and on behalf of the City of Livonia, to
execute the attached participation application with the aforesaid company
and to do all other things necessary or incidental to the full performance of
this resolution
#768-99 RESOLVED, that having considered the report and
recommendation of the Director of Finance, dated October 4, 1999,
approved for submission by the Mayor, the Council does hereby refer the
subject of the addition of investment options to the Deferred
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Compensation Plan to the Finance, Insurance and Budget Committee for
its report and recommendation
#769-99 RESOLVED, that having considered a communication from
the Director of Public Works and the City Engineer, dated October 18,
1999, which bears the signature of the Director of Finance and is
approved for submission by the Mayor, requesting an additional
appropriation for costs to cover the City's additional share for periodic
payments to the contractor in connection with the resurfacing of Five Mile
Road from Merriman Road to Middlebelt Road, previously authorized
pursuant to Council Resolution 103-99, the Council does hereby
appropriate and authorize the expenditure of the additional sum of
$195,727 96 from the $12 Million Obligation Road Bond Issue for this
purpose, with the anticipation of a refund of approximately $160,205 00
when federal funding is received for this project.
#770-99 RESOLVED, that having considered the report and
recommendation of the Director of Public Works and the City Engineer,
dated October 25, 1999, which bears the signature of the Director of
Finance, is approved as to form by the City Attorney, and is approved for
submission by the Mayor, to which is attached a proposed agreement
between the Michigan Department of Transportation and the City of
Livonia for the resurfacing of Plymouth Road from Inkster Road to
Farmington 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, for the city's estimated share in the
amount of$133,900 00 for this project with the anticipation of a credit in
the amount of approximately $108,000 00 for design fees paid to Orchard,
Hiltz & McCliment, Inc , FURTHER, the Council does hereby appropriate
and authorize the expenditure of the sum of$26,800 00 from the General
Obligation Road Improvement Bond Issue, which amount represents the
deposit to be paid to the State in connection with this project upon the
presentation of an invoice in that amount; and the City Clerk is hereby
requested to forward a certified copy of this resolution, together with the
signed agreement, to the Michigan Department of Transportation
#771-99 RESOLVED, that having considered the report and
recommendation of the Director of Public Works and the Public Utility
Manager, dated October 22, 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 G and B Electrical Co , 5393
Deerfield Village Drive, West Bloomfield, Michigan 48322, for completing
all work required in connection with the 1999 Emergency Generator
Replacement/Installation Project at Fire Headquarters and Fire Station No
4 in the total amount of$93,500 00, and the Director of Public Works is
hereby authorized to approve minor adjustments in the work as it
REVISED
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becomes necessary; and the Mayor and City Clerk are hereby authorized,
for and on behalf of the City of Livonia, to execute a contract with the
aforesaid bidder and to do all other things necessary or incidental to the
full performance of this resolution
A communication from the Inspection Department, dated July 1, 1999, re
Administrative Response to CR#418-099 (Compliance with approved Landscape Plan) and CR
#421-99 )Subject of Light Shields at the Kroger Store locate at 30935 Five Mile Road), and a
communication from the Department of Law, dated October 15, 1999, regarding revisions to
plan for Hillcrest Court Development Street Lighting Project (CR #420-99) were received and
placed on file for the information of the Council
#772-99 RESOLVED, that having considered the report and
recommendation of the Department of Law, dated October 15, 1999,
approved for submission by the Mayor, regarding the subject of revisions
to the plan for the Hillcrest Court Subdivision lighting project, the Council
does hereby refer this item to the Streets, Roads and Plats Committee for
its report and recommendation
A communication from the Planning Commission, dated October 12, 1999, re.
Administrative Response to CR#608-99—the issue of signs on multiple stories of commercial
buildings—was received and placed on file for the information of the Council.
#773-99 RESOLVED, that having considered the report and
recommendation of the City Planning Commission, dated October
12, 1999, which transmits its resolution 10-174-99 adopted on
October 5, 1999, regarding the issue of signs on multiple stories of
commercial buildings, the Council does hereby refer this matter to
the Committee of the Whole for its report and recommendation
#774-99 RESOLVED, that having considered a communication from
the City Planning Commission, dated October 20, 1999, which transmits
its resolution 10-177-99, adopted on October 19, 1999, with regard to
Petition 99-9-2-27, submitted by Bryan Gill, requesting waiver use
approval to operate an auto body repair and painting facility (Auto Body
Specialist, Ltd ) to be located on the west side of Stark Road between
Plymouth Road and Schoolcraft Road in the Northeast 1/4 of Section 28,
which property is zoned M-1, the Council does hereby concur in the
recommendation made by the City Planning Commission and Petition 99-
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1 That the Site Plan/Floor Plan submitted by Auto Body Specialist
Ltd , as received by the Planning Commission on September 16,
1999, is hereby approved and shall be adhered to,
2 That the petitioner shall correct to the Inspection Department's
satisfaction the following site deficiencies as outlined their
correspondence dated September 30, 1999
- That the entire parking lot shall be resealed and shall be
double striped so as to provide no less than 54 parking
spaces, including handicapped spaces, of the required size
and location,
- That all existing scrap and debris shall be removed from the
site, and
3 That there shall be no outdoor storage of auto parts, equipment,
scrap material, debris or other similar items generated by the
subject use
#775-99 RESOLVED, that in accordance with the provisions set
forth in Section 4 of Act 207 of the Public Acts of Michigan of 1921, as
amended, the City Zoning Act (MSA 5 2934, MCLA 125 584), as well as
Article XXIII of Ordinance 543, as amended, the Zoning Ordinance of
the City of Livonia, the Council does hereby determine that a Public
Hearing will take place before the City Council of the City of Livonia on
Monday, December 20, 1999, at 7 00 p m at the City Hall, 33000 Civic
Center Drive, Livonia, Michigan, with respect to the following item
Petition 99-9-1-14, submitted by Leland and Noel
Bittinger, for a change of zoning of property located
between Fairfield and Brookfield Avenues, south of Five
Mile Road, in the Northwest 1/4 of Section 22, from R-7 to
RC, the City Planning Commission in its resolution 10-
175-99 having recommended to the City Council that
Petition 99-9-1-14 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
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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 results
AYES Pastor, Duggan, Laura, Brosnan, Walsh, Vandersloot and
Engebretson
NAYS None
The President declared the resolutions duly adopted
On a motion by Brosnan, seconded by Pastor, and unanimously adopted,
it was
#776-99 RESOLVED, that having considered the report and
recommendation of the Committee of the Whole, dated October 25, 1999,
submitted pursuant to Council Resolution 683-99, and having considered
a communication from the Chair of the Cable Television Commission,
dated July 27, 1999, approved by the Director of Community Resources
and the City Attorney, and approved for submission by the Mayor, with
regard to the proposed Ameritech New Media Cable Television Franchise
Ordinance, the Council does hereby refer the subject of the allocation of
Public, Educational and Governmental (PEG) Channels to the Committee
of the Whole for its report and recommendation
On a motion by Duggan, seconded by Brosnan, and unanimously
adopted, it was
#777-99 RESOLVED, that having considered the report and
recommendation of the Committee of the Whole, dated October 26, 1999,
submitted pursuant to Council 573-99, and the report and
recommendation of the Director of Finance, dated October 7, 1999,
approved for submission by the Mayor, submitted pursuant to Council
574-99, and which submits a competitive bid received in connection with
the sale of City-owned property located at 35780 Five Mile Road (Bobby's
Country House), more particularly described as
That part of the Southeast 1/4 of Section 17, T 1 S , R 9
E , City of Livonia, Wayne County, Michigan, described as
beginning S 89°44'50" E , 1,319 10 feet and N 0°00'30"
W , 60 00 feet from the South 1/4 corner of Section 17
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and proceeding thence N 0°00'30" W , 171 00 feet;
thence S 89°44'50" E , 307 00 feet; thence S 0°00'30"
E , 33 00 feet; thence S 89°44'50" E , 129 00 feet; thence
S 0°00'30" E., 138 00 feet; thence N 89°44'50" W ,
436 00 feet to the point of beginning Containing
70,298.27 square feet or 1 614 acres of land
the Council does hereby accept the bid and authorize the sale of the
aforesaid city-owned property to a limited liability company to be formed by
Ronald Cochell and George Subu, having its address at 32400 Ford Road,
Garden City, Michigan 48135, for a total purchase price of$751,015 00,
which sale is conditioned upon A) the purchaser using the property for
restaurant/banquet purposes, B) execution by the purchaser of the Reciprocal
Easement Agreement which was attached to the Instructions to Bidders
distributed prior to the bid opening, and C) the purchaser providing such title
work as may be required for this transaction, 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, the Reciprocal Easement Agreement, 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, FURTHER, the proceeds of the sale of such
property shall be allocated to the Capital Projects Fund 401 to be used for the
purpose of partially financing the cost of a proposed Police Department
computer replacement project.
On a motion by Pastor, seconded by Duggan, and unanimously adopted,
it was
#778-99 RESOLVED, that having considered the report and
recommendation of the Committee of the Whole, dated October 26, 1999,
submitted pursuant to Council 600-98, and having considered a request
from Councilmember John R Pastor, regarding the subject of the
utilization of both internal and external engineering services, the Council
does hereby determine to take no further action with respect to this matter
On a motion by Duggan, seconded by Brosnan, and unanimously
adopted, it was
#779-99 RESOLVED, that having considered the report and
recommendation of the Committee of the Whole, dated October 26, 1999,
submitted pursuant to Council Resolutions 973-96 and 390-98, and
reports and recommendations from the Fire Chief, dated September 25,
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1996, and April 27, 1998, which bear the signature of the Director of
Finance and are approved for submission by the Mayor, regarding bids
received for supplying the Fire Department with medium-duty ambulances,
the Council does hereby determine to take no further action with respect
to this matter
Councilmember Walsh gave first reading to the following Ordinance
AN ORDINANCE AMENDING SECTION 5-1805 OF
TITLE 5, CHAPTER, 18 (THE METROVISION OF
LIVONIA, INC CABLE TELEVISION FRANCHISE
ORDINANCE) 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 Walsh 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 Pastor, Duggan, Laura, Brosnan, Walsh, Vandersloot and
Engebretson
NAYS None
The President declared the foregoing Ordinance duly adopted, and would become
effective on publication
Item #14 of the Regular City Council Meeting was removed from the
Agenda
On a motion by Vandersloot, seconded by Walsh, and unanimously
adopted, it was
#780-99 RESOLVED, that having considered a communication from
the City Assessor, dated October 20, 1999, approved for submission by
the Mayor, with regard to a request from Marilyn Karry, 827 Hemlock,
Oxford, Michigan 48370, 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
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Tax Item No 46-051-01-0219-000 into two (2) parcels, the legal
descriptions of which shall read as follows
Parcel "A"
The East Half of Lot 219 of "Supervisor's Livonia Plat No 3" a
subdivision of part of the North Half of the Southwest Quarter of
Section 13, Town 1 South, Range 9 East, Livonia Twp (now City of
Livonia), Wayne County, Michigan, as recorded in Liber 66 of Plats
on page 16 of Wayne County records Described as beginning at a
point on the South line of said Lot 219, distant Due East 70 00 feet
from the Southwest corner of said Lot 219, Thence continuing
along said South line Due East 70 00 feet to the Southeast corner
of said Lot 219, Thence North 00 degrees 29 minutes 50 seconds
West 300 00 feet to the Northeast corner of said Lot 219, Thence
Due West 70 00 feet along the North line of said Lot 219, Thence
South 00 degrees 29 minutes 50 seconds East 300 00 feet to the
point of beginning Containing 0 4821 acres of land, subject to
easements and restrictions of record, if any
Parcel "B" The West Half of Lot 219 of"Supervisor's Livonia Plat
No 3" a subdivision of part of North Half of the Southwest Quarter
of Section 13, Town 1 South, Range 9 East, Livonia Twp (now City
of Livonia), Wayne County, Michigan, as recorded in Liber 66 of
Plats on page 16 of Wayne County records Described as
beginning at the Southwest corner of said Lot 219, Thence along
said South line Due East 70 00 feet; Thence North 00 degrees 29
minutes 50 seconds West 300 00 feet to a point on the North line of
said Lot 219, Thence along said North line Due West 70 00 feet to
the Northwest corner line of said Lot 219, Thence South 00
degrees 29 minutes 50 seconds East 300 00 feet to the point of
beginning Containing 0 4821 acres of land, subject to easements
and restrictions of record, if any
as shown on the map attached to the aforesaid communication
which is made a part hereof by reference, and the City Clerk is
hereby requested to cause a certified copy of this resolution to be
recorded in the Office of the Wayne County Register of Deeds,
PROVIDED, HOWEVER, that 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
Councilmember Duggan left the podium at 8 24 p m due to a conflict of interest.
On a motion by Walsh, seconded by Pastor, and unanimously
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adopted, it was
#781-99 RESOLVED, that having considered a communication from
the City Assessor, dated October 20, 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 Nos 46-093-99-0006-002 (part of) and 46-093-99-0008-000 into
two (2) parcels, the legal descriptions of which shall read as follows
Parcel "A"
That part of the Northeast 1/4 of Section 24, T 1S, R 9E, City of
Livonia, Wayne County, Michigan described as beginning at a point
distant South 89D 49M OOS West, 1321 00 and South OOD 24M
15S East 60 00 feet from the Northeast 1/4 corner of Section 24 and
proceeding thence South OOD 24M 25S East, 100 00 feet; thence
North 89D 49M OOS East, 120 00 feet; thence North OOD 24M 15S
West, 100 00 feet; thence South 89D 49M OOS West, 120 00 feet to
the point of beginning Subject to easements of record Containing
0 28 Acres
Parcel "B"
That part of the Northeast 1/4 of Section 24, T 1S, R. 9E, City of
Livonia, Wayne County, Michigan described as beginning at a point
distant South 89D 49M 00S West, 1321 00 and South OOD 24M
15S East, 160 00 feet from the Northeast % corner of Section 24
and proceeding thence South OOD 24M 15S East, 660 00 feet;
Thence North 89D 49M OOS East, 495 00 feet; thence North OOD
24M 15S West, 440 00 feet; thence South 89D 49M OOS East,
190 00 feet; thence North OOD 24M 15S West, 60 00 feet; thence
south 89D 49M OOS West, 125 00 feet; thence North OOD 24M 15S
West, 100 00 feet; thence North 89D 49M OOS West, 60 00 feet;
thence South OOD 24M 15S East, 100 00 feet; thence South 89D
49M OOS West, 120 00 feet to the point of beginning Subject to
easements of record Containing 5 56 Acres
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
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A roll call vote was taken on the foregoing resolution with the following result:
AYES Pastor, Laura, Brosnan, Walsh, Vandersloot and Engebretson
NAYS None
The President declared the resolution duly adopted
Councilmember Duggan remained off the podium due to a conflict of interest.
On a motion by Brosnan, seconded by Pastor, and unanimously adopted,
it was
#782-99 RESOLVED, that having considered a communication from
the City Clerk, dated October 25, 1999, which indicates that the proprietor
of Elmira Court Subdivision, situated in the Northeast 1/4 of Section 32,
has delivered final true plats to the City Clerk and requested that said plat
be presented to Council for final approval, and the Council having
received a communication from the City Planning Commission, dated
October 21, 1999, wherein said Commission approves the final plat for the
said subdivision in its resolution 10-184-99, adopted on October 19, 1999,
and the Council having considered a report from the City Engineer, dated
September 9, 1999, recommending approval of the final plat of said
subdivision, the preliminary plat of which was approved by the Council in
its resolution 712-99, adopted on October 13, 1999, said preliminary plat
having been recommended for approval by the City Planning Commission
on May 4, 1999, in its resolution 5-79-99, NOW, THEREFORE, the
Council does hereby determine to grant its approval to the final plat of
Elmira Court Subdivision, located in the northeast 1/4 of Section 32, City
of Livonia, Wayne County, Michigan, as submitted by the proprietor
thereof, which proprietor is also hereby required to do all things necessary
to obtain full compliance with the Subdivision Control Act of Michigan of
1967, as amended, and the ordinances of the City of Livonia, and further,
the City Clerk is hereby requested to do all things necessary or incidental
to the full performance of this resolution
A roll call vote was taken on the foregoing resolution with the following result:
AYES Pastor, Laura, Brosnan, Walsh, Vandersloot and Engebretson
NAYS None
The President declared the resolution duly adopted
Councilmember Duggan returned to the podium at 8 25 p m
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On a motion by Duggan, seconded by Vandersloot, and unanimously
adopted, it was
#783-99 RESOLVED, that having considered a letter from the
Michigan Liquor Control Commission, dated July 12, 1999, and a report
and recommendation from the Acting Chief of Police, dated October 15,
1999, approved for submission by the Mayor, the Council RESOLVED,
that having considered a letter from the Michigan Liquor Control
Commission, dated July 12, 1999, and a report and recommendation from
the Acting Chief of Police, dated October 15, 1999, approved for
submission by the Mayor, the Council does hereby approve of the request
from Fabs, Inc. for transfer of ownership of a 1999 SDD-SDM licensed
business from Lauren Mary, Inc. for a business located at 19213
Newburgh, 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 communication from the Inspection Department, dated November 8,
1999, regarding the correction of violations at Fabs, Inc , 19213 Newburgh, was
received and placed on file for the information of the Council
}
On a motion by Laura, seconded by Pastor, and unanimously adopted, it
was
#784-99 RESOLVED, that having considered a communication from
the City Planning Commission, dated October 7, 1999, which transmits its
resolution 10-168-99 adopted on October 5, 1999, with regard to Petition
99-9-GB-6 submitted by George Weingarden, on behalf of Parkside
Pavilion Office Complex, requesting to substitute a greenbelt for the
protective wall on property located at 18290 Middlebelt Road in the
Northwest 1/4 of Section 12, pursuant to the provisions set forth in Section
18 45 of Ordinance No 543, as amended, the Council does hereby refer
the subject of requests to substitute a greenbelt for the protective wall
requirement set forth in Section 18 45 of Zoning Ordinance #543 to the
Legislative Committee for its report and recommendation
A communication from the Department of Law, dated November 8, 1999,
re questions raised at Council Study Meeting of November 3, 1999 on the subject of
requests for permanent Greenbelt in lieu of a Protective Wall, was received and placed
REVISED - SEE CR # 785-99
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on file for the information of the Council
A communication from Karen Szymula, Director of Legislative Affairs,
dated November 8, 1999, re ordinance background information directly related to
greenbelt areas, was received and placed on file for the information of the Council
On a motion by Laura, seconded by Pastor, and unanimously adopted, it
was
#785-99 RESOLVED, that having considered a communication from the City
Planning Commission, dated October 21, 1999, which transmits its
resolution 10-181-99 adopted on October 19, 1999, with regard to
Petition 99-10-GB-9 submitted by Michele Schmidt, on behalf of the
Schmidt Insurance Agency, requesting to substitute a greenbelt for the
protective wall on property located at 16013 Middlebelt Road in the
Northeast 1/4 of Section 14, pursuant to the provisions set forth in
Section 18 45 of Ordinance No 543, as amended, the Council does
hereby refer the subject of requests to substitute a greenbelt for the
protective wall requirement set forth in Section 18 45 of Zoning
Ordinance #543 to the Legislative Committee for its report and
recommendation
On a motion by Brosnan, seconded by Pastor, and unanimously
adopted, it was
#786-99 RESOLVED, that having considered a communication from
the City Planning Commission, dated October 21, 1999, which transmits
its resolution 10-183-99, adopted on October 19, 1999, with regard to
Petition 99-5-2-19, submitted by Shkelzen Kapidani, requesting waiver
use approval to operate a carry-out/sit-down restaurant with 30 seats to be
located within an existing building on the north side of Joy Road between
Newburgh and Hix Roads in the Southeast 1/4 of Section 31, which
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property is zoned C-1, the Council does hereby concur in the
recommendation made by the City Planning Commission and Petition 99-
5-2-19 is hereby approved and granted, subject to a limitation on the
maximum number of 30 customer seats in the restaurant.
A communication from the Planning Commission, dated November 9,
1999, re Petition 99-5-2-19 (Shkelzen Kapidani/30 seat restaurant) was received and
placed on file for the information of the Council
On a motion by Vandersloot, seconded by Pastor, and unanimously
adopted, it was
#787-99 RESOLVED, that having considered a communication
from the City Planning Commission, dated October 21, 1999, which
transmits its resolution 10-176-99, adopted on October 19, 1999, with
regard to Petition 99-9-2-26, submitted by Restaurant Development,
Inc., on behalf of Krispy Kreme Donuts, requesting waiver use approval
to operate a donut shop with customer seating to be located on the
south side of Grand River Avenue between Eight Mile and Inkster
Roads (27695 Grand River Avenue) in the Northeast 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
99-9-2-26 is hereby approved and granted, subject to the following
conditions
1 That the Site Plan/Landscape Plan, marked Sheet 3 of 5,
prepared by Bartow & King Engineers, with revisions discussed
this evening regarding directional signs, enclosure material,
flared curbs, etc., dated September, 1999, and received by the
City Planning Commission on September 22, 1999, is hereby
approved and shall be adhered to,
2 That the Building Elevation Plan, marked Sheet 5 of 5, prepared
by Bartow & King Engineers, dated September, 1999, is hereby
approved and shall be adhered to,
3 That the maximum number of customer seats shall not exceed
38,
4 That the landscaping shown on the above-referenced Site
Plan/Landscape Plan shall be installed to the satisfaction of the
Inspection Department and thereafter permanently maintained in
a healthy condition,
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5 That the following site improvements as outlined in the
correspondence dated October 12, 1999, from the petitioner's
representative, Steve Leinberger of Leinberger Builders, shall be
accomplished to the satisfaction of the Inspection Department:
- That handicapped spaces of the required number, size and
location shall be provided,
- That a complete landscape irrigation system shall be installed,
- That the entire parking lot shall be improved with a top coat of
bituminous material and shall be double striped,
- That the existing satellite dish be removed,
6 That site lighting shall be provided by means of shielded light
fixtures mounted on poles not exceeding 20 feet in height;
7 That the brick used in the construction of the building shall be full-
face four (4") inch brick, no exceptions
8 That the dumpster enclosure shall be constructed of the same four-
inch brick material,
9 That no signs, either freestanding or wall mounted, unless in full
compliance with the sign ordinance, are approved with this petition,
all such signage shall be separately submitted for review and
approval by the Planning Commission, City Council, and/or the
Zoning Board of Appeals, and
10 That the area designated for the dumpster enclosure shall be large
enough to accommodate two dumpsters
A communication from Arthur Sippola, Traffic Commission Chairman,
dated November 9, 1999 re Administrative Response to CR #626-99 — installation of
"No Parking" signs on Morlock Street in connection with proposed street improvements
of portions of Norfolk and Oporto in the Northeast 1/4 of Section 2 — was received and
placed on file for the information of the Council
Council President Engebretson relinquished the chair to Council Vice-President Walsh
31981
at837pm
On a motion by Pastor, seconded by Walsh, it was
#788-99 RESOLVED, that the City Engineer having filed with the City
Clerk a statement dated September 8, 1999, on all matters required by
Section 3 08 060 of the Livonia Code of Ordinances, as amended, and a
first public hearing having been held thereon on Wednesday, October 20,
1999, after due notice as required by Section 3 08 070 of said Code, and
after careful consideration having been given to all such matters, the
Council does hereby, pursuant to Section 3 08 080 of said Code
(1) accept and approve said statement in all respects,
(2) determine to make the road improvement consisting of 22 foot wide
asphalt pavement (approximately 4" thick with a gravel base) with
ditches and without curbs for Norfolk Avenue from 150 feet west of
Melvin Avenue to Oporto Avenue, and Oporto Avenue from Norfolk
Avenue to Morlock Avenue (630 feet), as modified to include a
through street, in the Northeast 1/4 of Section 2, T 1 S , R 9E , City
of Livonia, Wayne County, Michigan, as described in said statement;
and to defray the cost of such improvement by special assessment
upon the property especially benefited in proportion to the benefits
derived or to be derived,
(3) approve the plans and specifications for said improvement as set
forth in said statement dated September 8, 1999, as amended,
(4) determine that the estimated cost of such improvement is
$255,520 00,
(5) determine that the cost of said improvement shall be paid for in part
by special assessments on the property benefited thereby and in part
by the City at large, in proportions thereafter established,
(6) that the proportion of the cost and expense of said improvement to
be borne and paid by the City shall be 19% of water main only
($12,200 00) and that the balance of said cost and expense of said
public improvement amounting to 95% of the overall cost
($243,320 00) shall be borne and paid by special assessments on all
lands and premises in the special assessment district as herein
established in proportion to the benefits to be derived therefrom,
(7) determine that assessments made for such improvement may be
paid in ten (10) annual installments together with interest thereon on
the unpaid balance,
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(8) designate the assessment district, describing the land and premises
upon which special assessments shall be levied as follows
Norfolk Avenue from 150 feet west of Melvin Avenue
to Oporto Avenue, and Oporto Avenue from Norfolk
Avenue to Morlock Avenue (630 feet), as modified to
include a through street, in the Northeast % of Section
2,T 1 S , R 9 E , City of Livonia, Wayne County,
Michigan, as described in said statement.
(9) that the City Assessor is hereby directed to prepare a special
assessment roll including all lots and parcels of land within the above
district designated by the Council and to assess to each such lot or
parcel of land such relative portions of the whole sum to be levied
against all lands in the special assessment district as the special
benefits to such lots or parcels of land bear to the total benefit of all
land and also to enter upon such roll the amount which has been
assessed to the City at large, all in accordance with the determination
of the City Council, and
(10) that upon the completion of said roll the City Assessor shall attach
thereto the certificate required by the provisions of Section 3 08 100
of the Livonia Code of Ordinances, as amended, of the City of
Livonia and file the same with the City Clerk who thereupon is
directed to present the same to the City Council prior to the holding of
the second public hearing thereon as required by Section 3 08 110 of
the said Code
A roll call vote on the foregoing resolution was taken with the following result:
AYES Pastor, Duggan, Vandersloot and Walsh
NAYS Laura, Brosnan and Engebretson
The Vice-President declared the resolution duly adopted
Council President Engebretson resumed the Chair at 8 41 p m
Councilmember Duggan left the podium at 8 46 p m due to a conflict of interest
On a motion by Walsh, seconded by Pastor, and unanimously adopted, it
was
31983
#789-99 RESOLVED, that having considered a communication
from the City Planning Commission, dated August 11, 1999, which sets
forth its resolution 8-144-99 adopted on August 10, 1999, with regard to
Petition 99-6-1-8, submitted by Leo Soave Building Company for a
change of zoning of property located on the north side of Ann Arbor
Trail between Stark Road and Farmington Road in the Southeast 1/4 of
Section 33, from RUF to R-1 B, and the Council having conducted a
Public Hearing with regard to this matter on Wednesday, October 20,
1999, pursuant to Council Resolution #604-99, the Council does hereby
refer this matter to the Streets, Roads and Plats Committee for its
report and recommendation
A roll call vote was taken on the foregoing resolution with the following result:
AYES Pastor, Laura, Brosnan, Walsh, Vandersloot and Engebretson
NAYS None
The President declared the resolution duly adopted
On a motion by Walsh, seconded by Pastor, and unanimously adopted,
it was
#790-99 RESOLVED, that having considered a communication
from the City Planning Commission, dated August 11, 1999, which sets
forth its resolution 8-144-99, adopted on August 10, 1999, with regard
to Petition 99-6-1-8, submitted by Leo Soave Building Company, 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 B, and the Council having conducted a
Public Hearing with regard to this matter on Wednesday, October 20,
1999, pursuant to Council Resolution #604-99, the Council does hereby
request the Department of Law to prepare an ordinance amending
Ordinance 543, as amended, in accordance with this resolution
A roll call vote was taken on the foregoing resolution with the following result:
AYES Pastor, Laura, Brosnan, Walsh, Vandersloot and Engebretson
NAYS None
The President declared the resolution duly adopted
Councilmember Duggan returned to the podium at 8 48 p m
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Council Vice-President Walsh left the podium at 8 49 p m due to a conflict of interest.
On a motion by Duggan, seconded by Pastor, and unanimously
adopted, it was
#791-99 RESOLVED, that having considered a communication from
the City Planning Commission, dated August 12, 1999, which sets forth
its resolution 8-146-99 adopted on August 10, 1999, with regard to
Petition 99-7-2-22 submitted by Nextel West Corporation requesting
waiver use approval to install a 150' wireless communications antenna
for shared usage, and its accompanying equipment shelter, to be
located on the east side of Sunset Avenue between Robert Avenue and
West Chicago Road (within Devon-Aire Park) in the Northwest 1/4 of
Section 35, which property is zoned PL, and the Council having
conducted a public hearing with regard to this matter on Wednesday,
October 20, 1999, pursuant to Council Resolution 605-99, the Council
does hereby concur in the recommendation of the City Planning
Commission and said Petition 99-7-2-22 is hereby denied, for the
following reasons
1 That the petitioner has failed to affirmatively show that the
proposed use is in compliance with all of the general waiver use
standards and requirements as set forth in Section 19 06 of the
ILZoning Ordinance 543, and
2 That the site of the proposed use, although located on public
property, is inappropriate because it is totally surrounded by a
residential neighborhood
A roll call vote was taken on the foregoing resolution with the following result:
AYES Pastor, Duggan, Laura, Brosnan, Vandersloot and
Engebretson
NAYS None
The President declared the resolution duly adopted
Council Vice-President Walsh returned to the podium at 8 50 p m
On a motion by Laura, seconded by Duggan, and unanimously
adopted, it was
#792-99 RESOLVED, that having considered the report and
recommendation of the Training Coordinator for the Department of Public
31985
Safety - Fire & Rescue, dated October 20, 1999, which bears the signature
of the Director of Finance and is approved for submission by the Mayor, the
Council does, for and on behalf of the City of Livonia, accept the donation
of a 1989 Ford Aerostar Station Wagon, VIN #1 FMDA 31 U8KZC08073,
Title #119K2500127T, valued at $4,200 00, from Firefighter Paramedic
Alan G Harmon, for use by the Department of Public Safety - Fire &
Rescue for training purposes
Donna Mulcahy, 30850 Robert, Livonia, 48150 requested to have
notification of proposed installation of cellular towers on public property
On a motion by Brosnan, seconded by Laura, and unanimously
adopted, it was
#793-99 RESOLVED, that the Council does hereby refer to the
Legislative Committee for its report and recommendation the subject
matter of notification to residents, and/or the installation of signs, on
public property regarding the proposed installation of cellular towers
On a motion by Duggan, seconded by Brosnan, and unanimously
adopted, this 1404th Regular Meeting of the Council of the City of Livonia was
adjourned at 9 00 p m , November 10, 1999
-/,011/I avikL
,)oan McCotter, City Clerk