HomeMy WebLinkAboutCOUNCIL MINUTES 1999-03-24 31515
MINUTES OF THE ONE THOUSAND THREE HUNDRED AND EIGHTY-NINTH
REGULAR MEETING OF MARCH 24, 1999
On March 24, 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 Brosnan delivered the invocation
Roll was called with the following result: Maureen Miller Brosnan, Val I
Vandersloot, John R. Pastor, Brian Duggan, Joe Laura, and Jack Engebretson Absent:
John J Walsh (business conflict)
Elected and appointed officials present. Jack E Kirksey, Mayor; John
Nagy, City Planner; John Hill, Assistant City Engineer; Sean P Kavanagh, City
Attorney; Joan McCotter, City Clerk, Robert J Beckley, Director of Public Works, John
Fegan, Director of Inspection, James Inglis, Director of the Housing Commission, Linda
McCann, Director of Community Resources, Ronald Reinke, Superintendent of Parks
and Recreation, Jeanne Treff, Administrative Assistant— Cable Television Division, and
Ian Wilshaw, Traffic Commission
On a motion by Duggan, seconded by Pastor, it was
#152-99 RESOLVED, that the minutes of the 1,388th Regular Meeting
of the Council of the City of Livonia, held March 10, 1999, are hereby
approved as submitted
A roll call vote was taken on the foregoing resolution with the following result:
AYES Brosnan, Pastor, Duggan, and Laura
NAYS None
PRESENT Vandersloot and Engebretson
No one from the audience wished to speak during the audience
communication portion of the meeting
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Councilmember Pastor extended prayers for Jeanne Hildebrandt, a well-
known citizen of Livonia
Councilmember Duggan wished a belated "Happy Birthday" (March 19) to
Linda Fry, Clerk Typist in the City Council/Zoning Board of Appeals offices.
Additionally, Council President Engebretson thanked Vice President
Walsh for presiding over meetings during his illness, and also announced a Detroit
Edison Town Meeting scheduled for Thursday, March 25, 1999, at 7 00 p m in the City
Hall Auditorium This meeting was scheduled to discuss the recent electrical outages of
three Edison sub-stations in Livonia, and everyone was invited to attend
On a motion by Brosnan, seconded by Laura, and unanimously adopted, it
was
#153-99 RESOLVED, that the Council does hereby refer to the
Department of Law the issue of whether there should be an ordinance
amendment to make the possession of G H B illegal
A communication from the Department of Law, dated March 10, 1999, re
the appeal filed by Parkview Memorial Association with respect to Special Assessment
District No 393 —the installation of street lights on davit poles along Stark Road, north
of Veterans Park, continuing northerly on Stark Road and easterly on Lyndon Avenue to
Farmington Road —was received and placed on file for the information of the Council
(CRs 714-97, 507-97 and 346-97)
At the direction of the Chair, Item #25a was removed from the Agenda and
rescheduled to the Regular Meeting of April 7, 1999
On a motion by Duggan, seconded by Pastor, it was
#154-99 RESOLVED, that having considered a letter from St.
Andrew's Episcopal Church, dated March 1, 1999, which requests
permission to place signs announcing an All-Parish Rummage/Garage
Sale to be conducted on Friday and Saturday, April 23 and April 24, 1999,
which signs are double-sided and are 4' x 5' in size and which will be
located on the northeast corner of Hubbard and Five Mile Roads and the
northeast corner of Hubbard and Six Mile Roads, and which signs would
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be removed on April 24, 1999, the Council does hereby grant and approve
this request in the manner and form herein submitted
#155-99 RESOLVED, that having considered a letter from Sandra
Beslach, representing The Sideline Restaurant, 36000 Seven Mile Road,
Livonia, Michigan 48152, received in the Office of the City Clerk on March
4, 1999, requesting an amendment to the existing sublease for the Fox
Creek Golf Course Clubhouse (The Sideline) in order to sell alcoholic
beverages on the golf course at Fox Creek, the Council does hereby refer
this item to the Committee of the Whole for its report and
recommendation
#156-99 RESOLVED, that having considered a letter from Sandra
Beslach, representing The Sideline Restaurant, 36000 Seven Mile Road,
Livonia, Michigan 48152, received in the Office of the City Clerk on March
4, 1999, requesting an amendment to the existing sublease for the Fox
Creek Golf Course Clubhouse (The Sideline) in order to sell alcoholic
beverages on the golf course at Fox Creek, the Council does hereby refer
this item to the Parks and Recreation Commission for its report and
recommendation
#157-99 RESOLVED, that having considered a communication from
the City Assessor, dated February 18, 1999, approved for submission by
the Mayor, with regard to a request from Mr and Mrs Ronald Lamerand,
39115 Plymouth, Livonia, Michigan 48150, represented by James T
Bilicki, Benner and Bilicki, 39319 Plymouth Road, Suite 8, Livonia,
Michigan 48150, 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 46-119-99-0027-000, 46-119-99-0028-001 and 46-119-99-
0028-002 into two (2) parcels, the legal descriptions of which shall read as
follows
PARCEL 1:
Part of the Southwest 1/4 of Section 30, T 1 S , R 9E , City of Livonia,
Wayne County, Michigan, described as
Commencing at the intersection to the west line of said Section 30 with the
centerline of Plymouth Road (66 feet wide), thence S 74°36'40" E. 605 47
feet along said centerline to the Point of Beginning, thence continuing S
74°36'40" E 182 63 feet along said centerline, thence S 15°23'20" W
185 00 feet; thence S 74°36'40" E 229 50 feet; thence S 16°59'46" W
393 86 feet; thence N 73°38'55" W 242 96 feet; and thence due north
596 00 feet to the Point of Beginning Containing 3 38 acres of land, more
or less Subject to the rights of the public over the northerly 33 feet for
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Plymouth Road (66 feet wide) Also subject to any and all easements or
rights of way of record, if any
PARCEL 2.
Part of the Southwest 1/4 of Section 30, T 1 S , R. 9 E , City of Livonia,
Wayne County, Michigan, described as
Commencing at the intersection of the west line of said Section 30 with the
centerline of Plymouth Road (66 feet wide), thence S 74°36'40" E.
1023 60 feet along said centerline to the Point of Beginning, thence
continuing S 74°36'40" E 33 33 feet along said centerline, thence due
south 603 90 feet; thence N 73°38'55" W 210 66 feet; thence N
16°59'46" E 393 86 feet; thence S 74°36'40" E 6 00 feet; and thence N
15°23'20" E 185 00 feet to the Point of Beginning Containing 1 61 acres
of land, more or less Subject to the rights of the public over the
northeasterly 33 feet for Plymouth Road Also subject to any and all
easements or rights of way 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
#158-99 RESOLVED, that having considered a communication from
the Superintendent of Parks and Recreation, dated March 8, 1999, which
bears the signature of the Director of Finance and is approved for
submission by the Mayor, and which transmits resolution #2464-99
adopted by the Parks and Recreation Commission on February 25, 1999,
wherein it is requested that the Council approve a Grant Application for a
grant from the Clean Michigan Initiative Recreation Bond for a picnic
pavilion, comfort station and walkway at John Stylmelski Veterans' Park,
the Council does hereby approve the Grant Application in the manner and
form herein submitted under the 25/75 Matching Grant Program with the
understanding that the total amount of the grant being requested is
$230,714 00, of which the City's share shall be $57,678 50, and does
hereby authorize the Superintendent of Parks and Recreation to submit
the application to the Michigan Department of Natural Resources
#159-99 RESOLVED, that having considered the report and
recommendation of the Chief of Police, dated March 2, 1999, which bears
the signature of the Director of Finance and is approved for submission by
the Mayor, the Council does hereby authorize the purchase of Intelligence
Bureau vehicles as follows
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• One (1) 1999 Ford Explorer from Varsity Ford, 3480 Jackson Road,
P 0 Box 2507, Ann Arbor, Michigan 48106-2507, in the amount of
$22,833 80, through the Oakland County consortium,
• One (1) 1999 Ford Taurus from Signature Ford, 1960 E Main,
Owosso, Michigan 48867, in the amount of$15,801 10, through
the Oakland County consortium,
• One (1) 1999 Dodge Intrepid from Snethkamps Lansing Dodge,
6131 South Pennsylvania, Lansing, Michigan 48911, in the
amount of$20,527 00, through the State of Michigan consortium,
FURTHER, the Council does hereby authorize the purchase of one (1)
1999 Ford Mustang from Bill Brown Ford, Inc , 32222 Plymouth Road,
Livonia, Michigan 48150, in the amount of$20,000 00, FURTHER, the
total amount of$76,324 78 for the purchase of these four (4) vehicles is
to be expended from funds already budgeted for this purpose in Account
#101-329-985-000, FURTHER, the Council does hereby determine to
authorize the said purchases without competitive bidding inasmuch as
the same is based upon the low State of Michigan and/or low Oakland
County consortium bids and/or such action is taken in accordance with
the provisions set forth in Section 3 04 140D4 of the Livonia Code of
Ordinances, as amended, FURTHER, the Council does hereby
authorize the disposal of four (4) surplus City-owned vehicles at public
auction after receipt of the new vehicles
#160-99 RESOLVED, that having considered 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, regarding a request from Mesquite, Inc to drop Leo
Burton, deceased, as stockholder 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, MI 48150, Wayne County, the Council does hereby
refer this matter to the Committee of the Whole for its report and
recommendation
#161-99 RESOLVED, that having considered a communication from
the Director of Public Works, dated March 4, 1999, which bears the
signature of the Director of Finance and is approved for submission by the
Mayor, the Council does hereby accept the low bid which meets
specifications of Plymouth Concrete, Inc , 600 Junction Street, Plymouth,
Michigan 48170, for supplying the Public Service Division (Road
Maintenance Section) with readymix concrete at the unit prices bid for the
period April 1, 1999, through March 31, 2000, for an estimated total
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amount of$51,640 00, FURTHER, in the event the aforesaid low bidder is
unable to furnish the material, the Council does hereby accept the second
lowest bid which meets specifications of National Ready-Mix, Inc , 39000
Ford Road, Westland, Michigan 48185, for supplying the Public Service
Division (Road Maintenance Section) with readymix concrete at the unit
prices bid for the period April 1, 1999, through March 31, 2000, for an
estimated total amount of$52,950 00
#162-99 RESOLVED, that having considered the report and
recommendation of the Director of Public Works, dated March 5, 1999,
which bears the signature of the Director of Finance and is approved for
submission by the Mayor, the Council does hereby accept the unit price
bid of Michigan Turf, Inc., P 0 Box 158, Taylor, Michigan 48180, for
completing all work required in connection with the City's 1999 Street Tree
Planting Program for the estimated total cost of$47,850 00, based upon
the Public Service Division's estimate of units involved, and subject to final
payment based upon the actual units completed in accordance with the
unit prices accepted herein, said estimated cost and unit prices having
been in fact the lowest bid received for this item, and the Director of Public
Works is hereby authorized to approve minor adjustments in the work as it
becomes necessary; and the Mayor and City Clerk are hereby authorized
to execute a contract for and on behalf of the City of Livonia with the
aforesaid bidder and to do all other things necessary or incidental to the
full performance of this resolution
#163-99 RESOLVED, that having considered the report and
recommendation of the Director of Public Works and the Superintendent
of Public Service, dated March 3, 1999, which bears the signature of the
Director of Finance and is approved for submission by the Mayor, and to
which is attached a proposed contract between the City of Livonia and the
Michigan Humane Society, 3600 Auburn Road, Rochester Hills, Michigan
48309, wherein the latter would provide animal sheltering services to the
City for a two-year period commencing October 1, 1998, through
November 30, 2000, the Council does hereby authorize the Mayor and
City Clerk, for and on behalf of the City of Livonia, to execute the said
agreement subject to approval as to form by the City Attorney; FURTHER,
the Council does hereby authorize the said item without competitive
bidding in accordance with Section 3 04 140D2 and D4 of the Livonia
Code of Ordinances, as amended
#164-99 RESOLVED, that having considered the report and
recommendation of the Director of Public Works, the Superintendent of
Public Service and the Superintendent of Parks and Recreation, dated
February 22, 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, the Council does hereby accept the bid of Sprinkler
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Services Company, 30017 W Eight Mile Road, P 0 Box 530693, Livonia,
Michigan 48153, for completing all work in connection with the installation
only of an irrigation system at the Fox Creek Golf Course for the sum of
$156,950 00, the same having been in fact the lowest bid received and
meets all specifications, FURTHER, the Council does hereby authorize
the Finance Department to solicit quotations from local banks for an
installment purchase loan for the financing of this project over a five year
period, and the Director of Public Works is hereby authorized to approve
minor adjustments in the work as it becomes necessary; and the Mayor
and City Clerk are hereby authorized to execute a contract for and on
behalf of the City of Livonia with the aforesaid bidder and to do all things
necessary or incidental to the full performance of this resolution
#165-99 RESOLVED, that having considered the report and
recommendation of the Director of Public Works, the Superintendent of
Public Service and the Superintendent of Parks and Recreation, dated
February 22, 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, the Council does hereby accept the bid of Valley Turf, Inc.,
11711 E. Grand River Avenue, Brighton, Michigan 48116, for the supply of
materials and equipment only for a new irrigation system at the Fox Creek
Golf Course for the sum of$234,878 67, the same having been in fact the
lowest bid received which meets all specifications, and the bid of Century
Rain Aid is hereby rejected for the reasons indicated in the attachment;
FURTHER, the Council does hereby authorize the Finance Department to
arrange an installment purchase loan for the financing of this project over
a five year period, and the Director of Public Works is hereby authorized
to approve minor adjustments in the work as it becomes necessary; and
the Mayor and City Clerk are hereby authorized to execute a contract for
and on behalf of the City of Livonia with the aforesaid bidder and to do all
things necessary or incidental to the full performance of this resolution
#166-99 RESOLVED, that having considered the report and
recommendation of the Director of the Housing Commission and the
Supervisor of the Community Development Office-Housing Commission,
dated February 22, 1999, approved for submission by the Mayor,
regarding the cancellation of the Community Home Improvement Program
(CHIP) by the Michigan State Housing Development Authority (MSHDA)
and the replacement of such program with the Property Improvement
Program (PIP), the Council does hereby authorize the Housing
Commission to submit the necessary application documents to participate
in the Michigan State Housing Development Authority's Property
Improvement Program
#167-99 RESOLVED, that having considered the report and
recommendation of the Director of the Housing Commission, dated
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February 22, 1999, approved for submission by the Mayor, and to which is
attached a report containing a brief explanation of the 1999-2000
Community Development Block Grant (CDBG) Program, the Council does
hereby take this means to indicate its informal approval of the proposed
program and does further authorize the conducting of a public hearing on
this matter for public comment so that thereafter a final program and
budget will be prepared for submission to the City Council
#168-99 RESOLVED, that having considered the report and
recommendation of the Director of the Housing Commission, dated
February 19, 1999, approved for submission by the Mayor, and which
indicates that the Housing Commission has recommended adjustments in
the admission and continued occupancy income limits for Silver Village,
Newburgh Village and City-owned homes, the Council does hereby concur
and approve of the recommended action with respect to admission income
limits only and does hereby approve the following adjustments
Section I - Eligibility for Admission
ADMISSION
Present Income Limits Revised Income Limits
One Person $31,700 $33,450
Two Persons $36,250 $38,250
Three Persons $40,750 $43,000
Four Persons $45,300 $47,800
Five Persons $48,900 $51,600
Six Persons $52,550 $55,450
#169-99 RESOLVED, that having considered the report and
recommendation of the Director of the Housing Commission, dated
February 22, 1999, which bears the signature of the Director of Finance
and is approved for submission by the Mayor, and which indicates that the
Housing Commission has recommended the following rental adjustments
with respect to Newburgh Village
Adjusted Rent
Bedroom Size Current Rent Effective 6-1-99
One Bedroom $435 $440
Two Bedroom 505 510
The above rents exclude gas and electric utility costs
the Council does hereby concur in and approve of the recommended
action
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#170-99 RESOLVED, that having considered a communication from
Michael V Polsinelli, Chairman of the Plymouth Road Development
Authority, dated February 18, 1999, to which is attached a proposed
employment agreement between the Plymouth Road Development
Authority and the Director of the Plymouth Road Development Authority,
the Council does hereby approve this agreement in the manner and form
herein submitted
Communications from the Traffic Commission, dated February 16, 1999,
and from the Plymouth Road Development Authority, dated February 24, 1999, re
response to CR #896-98 —the installation of additional traffic signals and/or signs at the
corner of Plymouth and Wayne Roads — were received and placed on file for the
information of the Council
A communication from the Engineering Division, dated February 25, 1999,
re administrative response to CR 538-97 —the drainage, broken fence and uneven
sidewalk adjacent to 36876 Munger—was received and placed on file for the
information of the Council
#171-99 RESOLVED, that having considered a communication from
the Director of Public Works and the City Engineer, dated February 22,
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 complete the installation of a traffic signal at the
intersection of Eight Mile and Purlingbrook, previously authorized pursuant
to Council Resolution 737-97, the Council does hereby appropriate and
authorize the expenditure of the additional sum of$3,512 58 from the
Michigan Transportation Fund (Major Road Account) for this purpose for
the reasons outlined in the aforesaid communication, FURTHER, the
Council does hereby authorize final payment to be made to the Road
Commission for Oakland County in the amount of$10,812 58 for this
work.
#172-99 RESOLVED, that having considered the report and
recommendation of the Director of Public Works and the City Engineer,
dated March 8, 1999, which bears the signature of the Director of Finance,
is approved by the Superintendent of Parks and Recreation and is
approved for submission by the Mayor, the Council does hereby accept
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the unit price bid of Core Concrete Construction, Inc , 31088 Grennada,
Livonia, Michigan 48154, for completing all work required in connection
with the 1999 Sidewalk Program (Contract 99-B) for the estimated total
cost of$473,201 65 based upon the Engineering Division's estimate of
units involved, and subject to a final payment based upon the actual units
completed in accordance with the unit prices accepted herein, FURTHER,
the Council does hereby authorize an advance in the amount of
$336,622 40 (single lot assessment portion of the program) from the
General Obligation Road Improvement Bond Issue with the provision that
this bond issue be reimbursed from that portion of the project which is to
be financed by special assessment at such time as funds are
subsequently received from the payment of bills and assessments by
affected property owners, FURTHER, the Council does hereby
appropriate and authorize an expenditure in the additional amount of
$135,666 25 from the Michigan Transportation Fund ($120,661 85 from
the Local Road Account and $15,004 40 from the Major Road Account) to
pay for the City's portion of this contract; FURTHER, the Council does
further authorize from funds previously budgeted the amount of$913 00
from Account No 101-707-974-000 (Land Improvement) to pay for certain
pavement repairs at Clements Circle Pool, and the Director of Public
Works is hereby authorized to approve minor adjustments in the work as it
becomes necessary; and the Mayor and City Clerk are hereby authorized
to execute a contract for and on behalf of the City of Livonia with the
aforesaid bidder and to do all other things necessary or incidental to the
full performance of this resolution
#173-99 RESOLVED, that having considered the report and
recommendation of the Director of Public Works and the City Engineer,
dated February 24, 1999, which bears the signature of the Director of
Finance, is approved by the Director of Inspection and is approved for
submission by the Mayor, the Council does hereby accept the quotation of
Michigan Grounds Management, 14931 Farmington Road, Livonia,
Michigan 48154, (which unit bid prices are the same as the unit bid prices
paid for the last four years) for performing all services required in
connection with the 1999 Weed Cutting and Property Maintenance
Program (Contract 99-A) for the total estimated cost of$25,000 00 based
upon the Inspection Department's estimate of units involved and subject to
a final payment based upon the actual units completed in accordance with
the unit prices accept herein, and the Council does hereby authorize an
advance in the contract amount from the Municipal Refuse Fund Account
for the purpose of making payments to the contractor as the work is
completed, with the provision that the Municipal Refuse Fund Account be
reimbursed as bills for weed cutting are collected, and the Director of
Inspection is hereby authorized to approve minor adjustments in the work
as it becomes necessary, and the bids of Pritula and Sons and Gregg
Norman Enterprises, Inc are hereby rejected for the reasons indicated in
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the attachment, and the Council does hereby direct that the bid bond
submitted by Gregg Norman Enterprises, Inc be returned to such bidder;
and the Mayor and City Clerk are hereby authorized to execute a contract
for and on behalf of the City of Livonia with Michigan Grounds
Management and to do all things necessary or incidental to the full
performance of this resolution
#174-99 RESOLVED, that having considered a communication from
Councilmember Joe Laura, dated March 8, 1999, the Council does hereby
amend and revise Council Resolution 56-99 so as to have the same read
as follows
RESOLVED, that having considered a letter from the
President of the Livonia Anniversary Committee, Inc., dated
January 19, 1999, which submits a request for approval of the
following items
1 The issuance of a permit to Pugh Shows to conduct carnival
amusement rides at Henry Ford Field as part of this year's
SPREE '49 Celebration, on June 22, 23 and 24, 1999, from
2 00 p m to midnight and on June 25, 26 and 27, 1999, from
12 00 noon to midnight, subject to the City of Livonia and the
Livonia Anniversary Committee, Inc being identified as
additional insured on Pugh Shows' general liability insurance
policy;
2 The issuance of a permit to the Anniversary Committee to
conduct a circus and/or lumberjack show on June 22-27,
1999, at Ford Field,
3 Authorization of the Anniversary Committee to conduct a
fireworks display at Veterans' Park to be held on Sunday,
June 27, 1999, at 10 00 p m , which display will be fired by
American Fireworks, Inc., subject to providing liability
insurance for this event and subject to the City of Livonia
and the Livonia Anniversary Committee, Inc. being
designated as additional insured on their policy;
4 Authorization of the Livonia Anniversary Committee to use
and/or lease the facilities at Henry Ford Field, Veterans' Park
and the Eddie Edgar Arena during the period of the SPREE
'49 celebration in accordance with the fees/waivers grid for
events co-sponsored by the City of Livonia, and
5 A waiver of all fees prescribed by ordinance or law with
respect to Items 2 and 3 above, as well as a waiver of all
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vendors' license fees for community organizations and/or
groups authorized to participate in SPREE '49 by the
Anniversary Committee,
the Council does hereby concur in and approve the foregoing
requests, and the City Clerk and all other appropriate City officials
and agencies are hereby requested to do all things necessary or
incidental to the full performance of this resolution
#175-99 RESOLVED, that having considered a communication from
the City Planning Commission, dated March 2, 1999, which transmits its
resolution 2-38-99, adopted on February 23, 1999, with regard to a Sign
Permit Application, submitted by Judd Electronics, on behalf of O'Malley's
Bar & Grill, requesting approval for signage for the restaurant located at
15231 Farmington Road in the Northeast 1/4 of Section 21, the Council
does hereby concur in the recommendation of the Planning Commission
and approves the said Sign Permit Application, subject to the following
conditions
1 That the Sign Package submitted by Judd Electronics, as received
by the Planning Commission on February 12, 1999, is hereby
approved and shall be adhered to,
2 That any additional signage shall come back before the Planning
Commission and City Council for their review and approval, and
3 That the sign will be off one hour after closing
#176-99 RESOLVED, that having considered a communication from
the Director of Public Works and the City Engineer, dated March 8, 1999,
approved for submission by the Mayor, with regard to a
Telecommunications Permit Application submitted by Nextlink Michigan,
Inc., requesting approval for access to and ongoing use of the public right-
of-ways within the City for a proposed telecommunications system utilizing
approximately 9 miles of public right-of-way, as more particularly
described in the attachment to the permit application, the Council does
hereby designate Wednesday, April 28, 1999, at 7 00 p m as the date and
time for conducting a public hearing with regard to whether or not to
approve such permit application, 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 Section 12 06 050G of the Livonia Code
of Ordinances, as amended
A roll call vote was taken on the foregoing resolutions with the following result:
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AYES Brosnan, Vandersloot, Pastor, Duggan, Laura, and Engebretson
NAYS None
On a motion by Laura, seconded by Duggan, it was
RESOLVED, that having considered the report and
recommendation of the Streets, Roads and Plats Committee, dated March
2, 1999, submitted pursuant to Council Resolution 53-99, and a
communication from the City Planning Commission, dated November 2,
1998, which sets forth its resolution 10-188-98 adopted on October 27,
1998, with regard to a permit application submitted by Michael Carson for a
satellite dish antenna on property located at 14855 Santa Anita Avenue in
the Northeast 1/4 of Section 24, and the Council having conducted a public
hearing with regard to this matter on Wednesday, January 6, 1999,
pursuant to Council Resolution 862-98, the Council does hereby concur in
the recommendation of the City Planning Commission and the said permit
application is hereby denied for the following reasons
1 That due to its size and location, this dish antenna would be
detrimental to the aesthetic quality and beauty of the neighborhood
by presenting a visual blight that could jeopardize the property
values in the area as set forth in the comprehensive plan of the
Zoning Ordinance, and
2 That the dish antenna is disturbing to and not in harmony with the
surrounding area
A communication from Jacqueline M Reeves and Michael R. Carson,
14855 Santa Anita, Livonia, dated March 22, 1999, re forwarding a landscape plan
with respect to their request for a satellite dish antenna was received and placed on file
for the information of the Council (CR 53-99)
A communication from the Western Golf Estates Homeowners
Association, dated March 22, 1999, re stating their approval of the landscaping plan
with respect to the satellite dish proposed to be located at 14855 Santa Anita was
received and placed on file for the information of the Council
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A petition in favor of the request for a satellite dish antenna, with the
proposed landscaping, on property located at 14855 Santa Anita, signed by 55
surrounding homeowners, was received and placed on file for the information of the
Council
A roll call vote was then taken on the foregoing resolution with the following result:
AYES Brosnan, Duggan and Laura
NAYS Vandersloot, Pastor and Engebretson
The President declared the resolution rejected due to a lack of majority vote
On a motion by Laura, seconded by Vandersloot, it was
RESOLVED, that having considered the report and
recommendation of the Streets, Roads and Plats Committee, dated March
2, 1999, submitted pursuant to Council Resolution 53-99, and a
communication from the City Planning Commission, dated November 2,
1998, which sets forth its resolution 10-188-98 adopted on C:;tober 27,
1998, with regard to a permit application submitted by Michael Carson to
install a satellite dish antenna on property located at 14855 Santa Anita
Avenue in the Northeast 1/4 of Section 24, pursuant to Section 18 42 of
Ordinance 543, as amended, and the Council having conducted a public
hearing with regard to this matter on Wednesday, January 6, 1999,
pursuant to Council Resolution 862-98, the Council does hereby reject the
recommendation of the City Planning Commission and the said permit
application is hereby approved and granted subject to the following
conditions
1 That the request to retain the satellite dish antenna at its existing
location is hereby approved,
2 That the Landscape Plan, prepared by the Planning Department,
dated March 19, 1999, is hereby approved and shall be adhered to,
and
3 That the landscaping, as shown on the approved plan, shall be
installed to the satisfaction of the Inspection Department and
thereafter permanently maintained in a healthy condition
On a motion by Pastor, seconded by Vandersloot, it was,
31529
RESOLVED, that the Council does hereby determine to
substitute a resolution which would reschedule the foregoing subject
matter to the Regular Meeting of April 7, 1999, in lieu of the foregoing
approving resolution
A roll call vote was taken on the motion to substitute with the following result:
AYES Vandersloot, Pastor and Engebretson
NAYS Brosnan, Duggan and Laura
The President declared the motion to substitute rejected due to a lack of majority vote
A roll call vote was then taken on the originally proposed resolution by Laura and
Vandersloot, as follows
RESOLVED, that having considered the report and
recommendation of the Streets, Roads and Plats Committee, dated March
2, 1999, submitted pursuant to Council Resolution 53-99, and a
communication from the City Planning Commission, dated November 2,
1998, which sets forth its resolution 10-188-98 adopted on October 27,
1998, with regard to a permit application submitted by Michael Carson to
install a satellite dish antenna on property located at 14855 Santa Anita
Avenue in the Northeast 1/4 of Section 24, pursuant to Section 18 42 of
Ordinance 543, as amended, and the Council having conducted a public
hearing with regard to this matter on Wednesday, January 6, 1999,
pursuant to Council Resolution 862-98, the Council does hereby reject the
recommendation of the City Planning Commission and the said permit
application is hereby approved and granted subject to the following
conditions
1 That the request to retain the satellite dish antenna at its existing
location is hereby approved,
2 That the Landscape Plan, prepared by the Planning Department,
dated March 19, 1999, is hereby approved and shall be adhered to,
and
3 That the landscaping, as shown on the approved plan, shall be
installed to the satisfaction of the Inspection Department and
thereafter permanently maintained in a healthy condition
with the following result:
AYES Vandersloot, Pastor and Engebretson
NAYS Brosnan, Duggan and Laura
31530
The President declared the resolution rejected due to a lack of majority vote
On a motion by Pastor, seconded by Vandersloot, it was
RESOLVED, that having considered the report and
recommendation of the Streets, Roads and Plats Committee, dated March
2, 1999, submitted pursuant to Council Resolution 53-99, and a
communication from the City Planning Commission, dated November 2,
1998, which sets forth its resolution 10-188-98 adopted on October 27,
1998, with regard to a permit application submitted by Michael Carson to
install a satellite dish antenna on property located at 14855 Santa Anita
Avenue in the Northeast 1/4 of Section 24, pursuant to Section 18 42 of
Ordinance 543, as amended, and the Council having conducted a public
hearing with regard to this matter on Wednesday, January 6, 1999,
pursuant to Council Resolution 862-98, the Council does hereby
reschedule this matter to the Regular Meeting of April 7, 1999
A roll call vote was taken on the foregoing resolution with the following result:
AYES Vandersloot, Pastor and Engebretson
NAYS Brosnan, Duggan and Laura
The President declared the resolution rejected due to a lack of majority vote
On a motion by Laura, seconded by Duggan, and unanimously adopted, it
was
#177-99 RESOLVED, that having considered the report and
recommendation of the Streets, Roads and Plats Committee, dated March
2, 1999, submitted pursuant to Council Resolution 37-99, and the report
and recommendation of the Economic Development Manager, dated
December 21, 1998, approved for submission by the Mayor, and a
subsequent communication dated January 5, 1999, requesting to upgrade
the Grantland Avenue access road to the Peregrine property to a Class A
truck route, the Council does hereby determine to take no further action on
this matter inasmuch as the request has been withdrawn
A communication from the Department of Law, dated March 22, 1999, re
establishment of a "sidewalk fund" in connection with requests for waivers of the
31531
sidewalk requirement for new developments was received and placed on file for the
information of the Council (CR 910-98)
It was noted that Item #25d, the subject of requests for waivers of the sidewalk
requirement with respect to new developments (CR 910-98), is to remain in the Streets,
Roads and Plats Committee
On a motion by Brosnan, seconded by Duggan, and unanimously
adopted, it was
#178-99 RESOLVED, that having considered the report and
recommendation of the Committee of the Whole, dated March 8, 1999,
submitted pursuant to Council Resolution 937-98, and the report and
recommendation of the Director of Public Works and the City Engineer,
dated October 5, 1998, which bears the signature of the Director of
Finance and is approved for submission by the Mayor, and submitted
pursuant to Council Resolution 449-98 regarding the proposed installation
of sidewalks on the north and south sides of Seven Mile between
Newburgh Road and Farmington Road in Sections 4, 5, 8 and 9 at the
locations indicated in the attachment to the aforesaid communication, and
a public hearing having been held thereon on Wednesday, December 2,
1998, pursuant to Council Resolution 827-98, the Council does hereby
require the respective owners of lots and premises referred to in said
attachment to construct and install sidewalks at such premises, and the
City Clerk is hereby requested to do all things necessary to carry out the
provisions of this resolution which is made pursuant to Section 12 04 340
of Title 12, Chapter 04 of the Livonia Code of Ordinances, as amended,
FURTHER, said notice shall set forth that the respective owners of lots
and premises herein referred to shall complete said sidewalks on or
before June 1, 1999, after which date the Engineering Division shall
arrange for the construction of the said sidewalks in accordance with
Section 12 04 350 of the Livonia Code of Ordinances, as amended,
FURTHER, the Council does hereby authorize John Carlo Inc., 21570 Hall
Road, P 0 Box 8, Mt. Clemens, Michigan 48046, to complete all work
required in connection with the construction of said sidewalks in
accordance with its existing contract with the County of Wayne for the
Seven Mile Road reconstruction project (previously authorized in Council
Resolution 449-98), FURTHER, the Council does hereby direct that the
$12 Million General Obligation Bond Issue, from which an advance in the
amount of$56,688 99 was previously authorized, shall be reimbursed at
such time as funds are available from that portion of the project which is to
be financed by single lot assessment at such time as funds are
subsequently received from the payment of bills and assessments by
affected property owners, FURTHER, the Council does hereby authorize
31532
the action herein without competitive bidding in accordance with Section
3 04 140D4 of the Livonia Code of Ordinances, as amended, and the City
Engineer is hereby authorized to do all other things necessary or
incidental to the full performance of this resolution
A communication from the Department of Law, dated March 11, 1999, re
the proposed installation of sidewalks on the north and south sides of Seven Mile Road
between Newburgh Road and Farmington Road and associated right-of-way
agreements was received and placed on file for the information of the Council (CRs
449-98, 827-98 and 937-98)
On a motion by Brosnan, seconded by Pastor, and unanimously adopted,
it was
#179-99 RESOLVED, that having considered the report and
recommendation of the Committee of the Whole, dated March 8, 1999,
submitted pursuant to Council Resolution 516-98, regarding the purchase
of new computer equipment, cabinet modifications and appropriate new
signage to update the two City-owned City Hall in the Mall kiosks, the
Council does hereby determine that the two City-owned kiosks are
considered surplus property and does hereby authorize the Department of
Community Resources to dispose of such kiosks, FURTHER, the Council
does hereby request that the Department of Community Resources take
all steps necessary to inform Laurel Park Mall to delete all City information
included within the kiosk.
Pastor took from the table, for second reading and adoption, the following
Ordinance
AN ORDINANCE AMENDING SECTION 30 OF THE ZONING
MAP OF THE CITY OF LIVONIA AND AMENDING ARTICLE III
OF ORDINANCE NO 543, AS AMENDED, KNOWN AND CITED
AS "THE CITY OF LIVONIA ZONING ORDINANCE" BY ADDING
SECTION 3 THERETO (Petition 98-9-1-18)
A roll call vote was taken on the foregoing Ordinance with the following result:
AYES Brosnan, Vandersloot, Pastor, Duggan, Laura, and Engebretson
NAYS None
31533
The President declared the foregoing Ordinance duly adopted, and would become
effective on publication
On a motion by Brosnan, seconded by Vandersloot, it was
#180-99 RESOLVED, that having considered the report and
recommendation of the Director of the Housing Commission, dated
February 22, 1999, which bears the signature of the Director of Finance
and is approved for submission by the Mayor, and which indicates that the
Housing Commission has recommended a rental adjustment for Silver
Village as follows
A) Pre-December 1990 Residents —40 Residents:
Adjusted Rent
Bedroom Size Current Rent Effective 6-1-99
One Bedroom $285 $290
Two Bedroom 320 325
B) Post-December 1990 Residents — 68 Residents.
One Bedroom $350 $355
Two Bedroom 405 410
The above rents exclude gas and electric utility costs
the Council does hereby concur in and approve of the recommended
action
A roll call vote was taken on the foregoing resolution with the following result:
AYES Brosnan, Vandersloot, Pastor, Laura, and Engebretson
NAYS Duggan
The President declared the resolution adopted
A communication from Bernard A. Skotzke, 9967 Cavell Street, Livonia,
dated March 16, 1999, re questions raised with respect to the resurfacing of Plymouth
Road was received and placed on file for the information of the Council
31534
A communication from the Public Service Division sent to Bernard A.
Skotzke, dated March 19, 1999, re in response to various questions he raised with
respect to the Plymouth Road resurfacing project was received and placed on file for
the information of the Council
On a motion by Brosnan, seconded by Pastor, and unanimously adopted,
it was
#181-99 RESOLVED, that having considered the report and
recommendation of the Director of Public Works and the City Engineer,
dated March 5, 1999, which bears the signature of the Director of Finance,
is approved by the City Attorney and is approved for submission by the
Mayor, with respect to the selection of a design consultant for the
resurfacing of Plymouth Road between Inkster and Farmington Roads, the
Council does hereby authorize the administration to enter into negotiations
with Orchard, Hiltz, & McCliment, Inc for such design services,
FURTHER, in the event that the negotiations are not completed, the
administration is hereby authorized to negotiate with Hubbell, Roth &
Clark, Inc for these same services, FURTHER, the proposed agreement
shall thereafter be submitted to Council for its consideration
On a motion by Brosnan, seconded by Laura, and unanimously adopted, it
was
#182-99 RESOLVED, that having considered a communication from
Councilmember Maureen Miller Brosnan, dated March 3, 1999, regarding a
request to rescind Council Resolution 839-98 adopted on November 4,
1998, wherein the Council denied Petition 98-4-2-7 submitted by Modern
Moving Company requesting waiver use approval for outdoor parking of
moving company vehicles on property located on the south side of Eight
Mile Road between Merriman Road and Osmus Avenue in the Northeast
1/4 of Section 3, the Council does hereby determine to take no further
action on this matter
The President relinquished the Chair at 8 45 p m to Senior Councilmember Brosnan to
address the foregoing item
On a motion by Engebretson, seconded by Laura, and unanimously
adopted, it was
31535
#183-99 RESOLVED, the Council does hereby determine to refer the
issue of false alarm charges and late fees to the Legislative Committee for
its report and recommendation
On a motion by Engebretson, seconded by Laura, and unanimously
adopted, it was
#184-99 RESOLVED, that the Council does hereby request the
Department of Law to obtain a survey of other communities with respect to
false alarm charges and late fees
On a motion by Engebretson, seconded by Laura, and unanimously
adopted, it was
#185-99 RESOLVED, that the Council does hereby refer to the
Director of Finance for his report and recommendation the subject of
billing procedures for false alarm charges
On a motion by Engebretson, seconded by Laura, and unanimously
adopted, it was
#186-99 RESOLVED, that the Council does hereby refer to the Chief
of Police for his report and recommendation the subject of costs of
responding to alarms (false)
The President resumed the Chair at 8 51 p m
On a motion by Duggan, seconded by Brosnan, and unanimously
adopted, it was
#187-99 RESOLVED, that having considered a communication from
the City Planning Commission, dated February 1, 1999, which transmits
its resolution 1-22-99, adopted on January 26, 1999, with regard to
Petition 98-12-2-31, submitted by Pastor Kenneth MacLeod, on behalf of
Presbyterian Free Church, requesting waiver use approval to construct a
new church sanctuary on property located on the south side of Curtis
Road between Melvin and Doris Avenues in the Southwest 1/4 of Section
11, which property is zoned R-1, the Council does hereby concur in the
recommendation made by the City Planning Commission and Petition 98-
12-2-31 is hereby approved subject to the following conditions
31536
1 That the Site Plan, marked Sheet 1 of 2, prepared by David L.
Hawkins and Associates, dated November 30, 1998, is hereby
approved and shall be adhered to,
2 That the landscaping shown on the Site Plan is hereby approved,
and all plant materials shall be installed to the satisfaction of the
Inspection Department and thereafter permanently maintained in a
healthy condition,
3 That the Building Elevation Plan, marked Sheet 2 of 2, prepared by
David L. Hawkins and Associates, dated November 30, 1998, is
hereby approved and shall be adhered to except that brick shall
constitute at least 100% of the front elevation and at least 50% of
the east elevation, both to be completed before a Certificate of
Occupancy is issued, and 100% coverage on the west elevation, to
be completed before April 1, 2004, or before any title is transferred
by the present owners, whichever occurs first;
4 That the brick used in the construction of the building shall be full-
face four (4") inch brick, no exceptions,
5 That the area of the proposed parking lot expansion shall be hard-
surfaced with asphalt to match the existing parking areas, and
6 That the existing parking lot shall be repaired and resealed, where
needed, to the satisfaction of the Inspection Department, and the
entire expanded parking lot shall be double-striped
The petitioner, Pastor Kenneth MacLeod, was present to answer questions of Council
A color rendering for the new sanctuary, received by the Council Office on
March 23, 1999, re Petition 98-12-2-31 by Pastor Kenneth MacLeod, on behalf of
Presbyterian Free Church, 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.
#188-99 RESOLVED, that having considered a communication from
the City Planning Commission, dated March 2, 1999, which transmits its
resolution 2-36-99 adopted on February 23, 1999, with regard to Petition
99-2-8-7 submitted by Laurel Pointe, L L.0 , requesting site plan approval
31537
in connection with a proposal to construct an office/retail building on
property located at 17000 South Laurel Park Drive in the Northeast 1/4 of
Section 18, pursuant to the provisions set forth in Section 18 47 of
Ordinance No 543, as amended, the Council does hereby concur in the
recommendation of the Planning Commission and Petition 99-2-8-7 is
hereby approved and granted, subject to the following conditions
1) That the Site Plan marked Sheet SP-2, prepared by Nowak &
Fraus, as received by the Planning Commission on February 5,
1999, is hereby approved and shall be adhered to,
2) That the entire parking lot shall be double striped and capped with
asphalt;
3) That the Landscape Plans, marked Sheets L-1, prepared by
Michael A. Boggio Associates, as received by the Planning
Commission on February 5, 1999, are hereby approved and shall
be adhered to,
4) That all disturbed lawn areas shall be sodded in lieu of
hydroseeding,
5) 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,
6) That the Exterior Building Elevation Plan, marked Sheet A-2,
prepared by Michael A. Boggio Architects, as received by the
Planning Commission on February 5, 1999, is hereby approved and
shall be adhered to,
7) That the brick used in the construction of the building shall be full-
face four (4") inch brick, no exceptions,
8) That the three walls of the trash dumpster area shall be constructed
out of the same brick used in the construction of the building, and
the enclosure gates shall be maintained and, when not in use,
closed at all times,
9) 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,
and
31538
10) That two parking light posts be added on the west side of the
building, and that all handicapped spaces will be individually
posted
A First and Second Floor Plan, marked Sheet No A-1, revised on
February 4, 1999, prepared by Michael A. Boggio Assoc Architects, re Petition 99-2-8-
7 submitted by Laurel Pointe, L.L C , was received and placed on file for the information
of the Council
Duggan left the podium at 9 05 p m due to a conflict of interest on the next Agenda
item
On a motion by Brosnan, seconded by Pastor, it was
RESOLVED, that having considered a communication from
the City Assessor, dated January 26, 1999, approved for submission by
the Mayor, with regard to a request from Raymond and Bonnie Bihary,
16580 Merriman Road, Livonia, Michigan 48154, and in accordance with
the provisions of 1967 PA 288, as amended, as well as Section 18 46 of
trio Ordinance 543, as amended, the Council does hereby approve of the
proposed division of Tax Item No 46-054-01-0021-000 into two (2)
parcels, the legal descriptions of which shall read as follows
PARCEL A.
The west 250 20 feet of Lot 21, Bell Creek Estates, part of the N W 1/4 of
Section 14, T 1 S , R 9E , Livonia Township (now City of Livonia),
Wayne County, Michigan, as recorded in Liber 67, Page 33, W C R
Subject to easements of record
PARCEL B.
The east 125 40 feet of Lot 21, Bell Creek Estates, part of the N W 1/4 of
Section 14, T 1 S , R 9E , Livonia Township (now City of Livonia),
Wayne County, Michigan, as recorded in Liber 67, Page 33, W C R
Subject to easements of record
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
31539
The petitioner, Raymond Bihary, was present to answer questions of Council
On a motion by Vandersloot, seconded by Laura, it was
RESOLVED, that the Council does hereby determine to
substitute a resolution in lieu of the foregoing approving resolution which
would refer this matter to the Committee of the Whole for its report and
recommendation
A roll call vote was taken on the motion to substitute with the following result:
AYES Vandersloot and Laura
NAYS Brosnan, Pastor and Engebretson
The President declared the motion to substitute denied
A communication from Raymond A. and Bonnie S Bihary, dated March
22, 1999, re submitting additional information for the proposed lot split of property
located at 16580 Merriman Road, including a layout of the proposed new home, was
received and placed on file for the information of the Council
A communication from Charles D Fugate, 31069 Munger, Livonia, dated
March 19, 1999, re requesting Council to deny the lot split requested for property
located at 16580 Merriman Road was received and placed on file for the information of
the Council
A copy of a "Mutual Drive Agreement" made on the 20th day of October,
1988, between the property described as Lot 21 and the property described as Lot 22 of
Bell Creek Estates, as recorded in Liber 67 and Page 33 of Plats of Wayne County
Records, was received and placed on file for the information of the Council
A roll call vote was then taken on the originally proposed resolution by Brosnan,
seconded by Pastor, as follows
#189-99 RESOLVED, that having considered a communication from
the City Assessor, dated January 26, 1999, approved for submission by
31540
the Mayor, with regard to a request from Raymond and Bonnie Bihary,
16580 Merriman Road, Livonia, Michigan 48154, 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 46-054-01-0021-000 into two (2)
parcels, the legal descriptions of which shall read as follows
PARCEL A.
The west 250 20 feet of Lot 21, Bell Creek Estates, part of the NW 1/4 of
Section 14, T 1 S , R. 9 E , Livonia Township (now City of Livonia),
Wayne County, Michigan, as recorded in Liber 67, Page 33, W C R
Subject to easements of record
PARCEL B.
The east 125 40 feet of Lot 21, Bell Creek Estates, part of the NW 1/4 of
Section 14, T 1 S , R. 9 E , Livonia Township (now City of Livonia),
Wayne County, Michigan, as recorded in Liber 67, Page 33, W C R
Subject to easements of record
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
with the following result:
AYES Brosnan, Pastor, and Engebretson
NAYS Vandersloot and Laura.
The President declared the resolution adopted
Duggan returned to the podium at 9.21 p m
On a motion by Brosnan, seconded by Pastor, and unanimously adopted,
it was
#190-99 RESOLVED, that having considered a communication from
the City Planning Commission, dated December 18, 1998, which sets forth
its resolution 12-201-98 adopted on December 15, 1998, with regard to
Petition 98-10-1-20, submitted by John J Wheeler on behalf of Lawrence
G and Nanette M Prieur for a change of zoning of property located on the
31541
north side of Plymouth Road between Chase Boulevard and Newburgh
Road, in the Southeast 1/4 of Section 30, from RUF to R-1, and the
Council having conducted a public hearing with regard to this matter on
March 3, 1999, pursuant to Council Resolution 19-99, the Council does
hereby approve Petition 98-10-1-20 for preparation of the ordinance for
submission to Council, and the City Planner is hereby instructed to cause
the necessary map for publication to be prepared indicating the zoning
change herein approved and to furnish the same to the Department of
Law and, upon receipt of such map, the Department of Law is requested
to prepare an ordinance amending Ordinance 543, as amended, in
accordance with this resolution
On a motion by Duggan, seconded by Laura, and unanimously adopted, it
was
#191-99 RESOLVED, that having considered a communication from
the City Planning Commission, dated December 21, 1998, which sets forth
its resolution 12-203-98 adopted on December 15, 1998, with regard to
Petition 98-11-2-22 submitted by Rocky Zebari requesting waiver use
approval to operate an auto repair shop within a portion of an existing
building located on the south side of Eight Mile Road between Beatrice
and Hugh Avenues in the Northeast 1/4 of Section 2, which property is
zoned M-1, and the Council having conducted a public hearing with regard
to this matter on March 3, 1999, pursuant to Council Resolution 20-99, the
Council does hereby reject the recommendation of the City Planning
Commission and said Petition 98-11-2-22 is hereby approved and granted
subject to the following conditions
1 That the Site Plan, marked Sheet 1, prepared by Seymour Zate,
Architect, dated November 9, 1998, is hereby approved and shall
be adhered to, except for the fact that the three (3) parking spaces
in front of the overhead doors of the south elevation shall be
eliminated,
2 That the Landscape Plan, prepared by Landesign, as received by
the City Council Office on March 23, 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,
31542
5 That the Exterior Building Elevation Plan, marked Sheet 2,
prepared by Seymour Zate, Architect, as received by the City
Council Office on March 23, 1999, is hereby approved and shall be
adhered to,
6 That the three (3) walls of the trash dumpster area shall be
constructed as shown on the approved Site Plan and the enclosure
gates shall be maintained and when not in use, closed at all times,
7 That the building exterior shall be repainted and the stucco shall be
repaired to the satisfaction of the Inspection Department;
8 That the entire parking lot shall be repaired, resealed and double
striped,
9 That there shall be no overnight outdoor parking or storage of
vehicles on the site,
10 That there shall be no outdoor storage of auto parts, equipment,
scrap material, debris or other similar items generated by the
subject use,
11 That the vehicle repair work conducted in connection with the
proposed use shall not permit such repair as bumping, painting,
spraying or rustproofing,
12 That this approval is subject to the applicant being granted a
variance by the Zoning Board of Appeals for the deletion of or for a
deviation in the location of the required fence, as specified in
Section 16 11(a) of the Zoning Ordinance, and
13 That the drainage problem resulting in standing water in the parking
lot shall be corrected to the satisfaction of the Engineering Division
A communication from the Inspection Department, dated March 9, 1999,
re information on air handling equipment that is required for an auto repair facility was
received and placed on file for the information of the Council (Petition 98-11-2-22 by
Rocky Zebari)
A communication from the Fire Marshal, dated March 17, 1999, re fire
safety requirements for the proposed auto repair facility to be located at 29623 Eight
31543
Mile Road was received and placed on file for the information of the Council (Petition
98-11-2-22)
Copies of several invoices totaling $690 00 and paid on March 23, 1999,
re false alarm billings for property located at 29623 Eight Mile Road, were received
and placed on file for the information of the Council (Petition 98-11-2-22)
A revised Exterior Building Elevation Plan and a revised Landscape Plan,
received by the City Council Office on March 23, 1999, re Petition 98-11-2-22 were
received and placed on file for the information of the Council
On a motion by Pastor, seconded by Duggan, and unanimously adopted,
it was
#192-99 RESOLVED, that having considered a communication from
the City Planning Commission, dated March 2, 1999, which transmits its
resolution 2-34-99, adopted on February 23, 1999, with regard to Petition
99-1-2-1, submitted by Sang K. Kim, requesting waiver use approval to
operate an auto repair shop within a portion of an existing building located
on the south side of Eight Mile Road between Melvin Avenue and
Purlingbrook Road in the Northeast 1/4 of Section 2, which property is
zoned M-1, the Council does hereby reject the recommendation of the
Planning Commission and Petition 99-1-2-1 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 Zoning
Ordinance #542,
2 That this area of the City is already adequately served by similar
uses, and
3 That the proposed use is detrimental to and not in harmony with the
adjacent residential uses to the south and east.
31544
A facsimile communication from Bedzyk Bros , Inc., dated March 19,
1999, re the termination of lease arrangements with Sang K. Kim with respect to
Petition 99-1-2-1 was received and placed on file for the information of the Council
Council President Engebretson again reminded everyone of the Detroit
Edison Town Meeting scheduled for tomorrow, March 25, 1999, at 7 00 p m in the City
Hall Auditorium, as well as of the next Study Meeting, scheduled for Monday, March 29,
1999 He also thanked the City Channel 8 volunteers for their contributions
During audience communication, Rahul Patel, 14877 Santa Anita, Livonia,
questioned the procedure to have a hearing-impaired sign installed in his neighborhood
to make people aware of his deaf child Mr Patel was instructed to forward his request
to the Traffic Commission
On a motion by Duggan, seconded by Pastor, and unanimously adopted,
this 1,389th Regular Meeting of the Council of the City of Livonia was adjourned at 9.30
p m , March 24, 1999
• I•
J.. McCotter, City Clerk
L