HomeMy WebLinkAboutCOUNCIL MINUTES 1999-01-27 31411
MINUTES OF THE ONE THOUSAND THREE HUNDRED AND EIGHTY-FIFTH
REGULAR MEETING OF THE COUNCIL OF THE CITY OF LIVONIA
On January 27, 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 Vandersloot delivered the invocation
Roll was called with the following result: Val I Vandersloot, Brian Duggan,
Joe Laura, Maureen Miller Brosnan, John J Walsh, and Jack Engebretson Absent:
John R. Pastor (ill)
Elected and appointed officials present: Jack E. Kirksey, Mayor; John
Nagy, City Planner; Robert J Schron, City Engineer; Sean P Kavanagh, City Attorney;
Joan McCotter, City Clerk, Karen A. Szymula, Director of Legislative Affairs, Robert J
Beckley, Director of Public Works, Linda Grimsby, City Trea.wrer; State Senator
1. Thaddeus McCotter; and Ian Wilshaw, Traffic Commission
On a motion by Duggan, seconded by Brosnan, and unanimously
adopted, it was.
#32-99 RESOLVED, that the minutes of the 1,384th Regular Meeting
of the Council of the City of Livonia, held January 13, 1999, are hereby
approved as submitted
No one from the audience spoke during the audience communication
portion of the meeting
Councilmember Brosnan announced that the 9th Annual First Step Dance
will take place on Friday, February 5, 1999 at Burton Manor, with tickets priced at $18 if
purchased in advance and $23 if purchased at the door Proceeds of this dance are to
benefit victims of domestic violence
Councilmember Duggan wished a "Happy Birthday" to Jackie Higham, the
secretary of the Zoning Board of Appeals
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Council President Engebretson sent "Get Well" wishes to Councilmember
Pastor
Additionally, Council Vice President Walsh announced, in response to a
written inquiry of a resident, that a public hearing would take place before the Planning
Commission in February with respect to the proposed ordinance on the Child Day-Care
issue
A communication from the Engineering Division, dated January 25, 1999,
re status of the Whispering Pines Site Condominium Subdivision (Pines of Winfield)
was received and placed on file for the information of the Council (CR 786-98)
At the direction of the Chair, Item No 10b was removed from the Agenda
A communication from the Marriott, dated January 27, 1999, withdrawing
their appeal of the Planning Commission's decision to deny their request for additional
signage for the Residence Inn, located at 17250 Fox Drive, was received and placed on
file for the information of the Council
On a motion by Brosnan, seconded by Duggan, it was
#33-99 RESOLVED, that having considered a letter from the Dean
of Marketing & Development of the Schoolcraft College Foundation, dated
January 6, 1999, wherein a request is submitted to place 22" x 14" signs
advertising a spring craft show to be conducted on Saturday, March 6,
1999, and a fall craft show to be conducted on Saturday and Sunday,
November 13 and 14, 1999, at Schoolcraft College, the purpose of which
is to raise funds for student scholarships, which signs are to be installed
no earlier than Monday, March 1, 1999, and removed no later than
Monday, March 8, 1999, for the spring craft show and installed no earlier
than Monday, November 8, 1999, and removed no later than Monday,
November 15, 1999, for the fall craft show at the following locations
• Two signs - Five Mile and Newburgh
• Two signs - Five Mile and Farmington
• Two signs - Five Mile and Merriman
• Two signs - Six Mile and Newburgh
• Two signs - Six Mile and Farmington
♦ Two signs - Six Mile and Merriman
• Two signs - Six Mile and Haggerty
• Two signs - Seven Mile and Newburgh
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• Two signs - Seven Mile and Farmington
• Two signs - Seven Mile and Merriman
• Two signs - Seven Mile and Haggerty
• One sign - Laurel Park Drive and Six Mile Road
the Council does hereby concur in and approve of this request in the
manner and form herein submitted, such signs to be located on the right-of-
way as close as possible to the sidewalk.
A communication from the Office of the City Clerk, dated December 29,
1998, re request from Oakland Schools for summer tax collection was received and
placed on file for the information of the Council
#34-99 RESOLVED, that having considered the report and
recommendation of the Chief of Police, dated December 30, 1998, 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 fifteen (15) 1999 Crown Victoria patrol vehicles from Signature Ford,
1960 E Main, Owosso, Michigan 48867, for a total price of$305,125 85,
the total amount of$305,125 85 to be expended from funds already
budgeted for this purpose, FURTHER, the Council does hereby determine
to authorize the said purchase without competitive bidding inasmuch as
the same is based upon the low Macomb County Consortium bid, and
such action is taken in accordance with the provisions set forth in Section
3 04 140D4 of the Livonia Code of Ordinances, as amended
#35-99 RESOLVED, that having considered the report and
recommendation of the Chief of Police, dated December 1, 1998, which
bears the signature of the Director of Finance and is approved for
submission by the Mayor, and a communication from the Department of
Law, dated January 14, 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 a Year 2000 Upgrade Package for the
Ericsson Radio System for the Police Department from Ericsson, Inc.,
4000 Town Center, Suite 610, Southfield, Michigan 48075, in the amount
of$77,973 67, FURTHER, the Council does hereby appropriate and
authorize the expenditure of an amount not to exceed $77,973 67 from the
Unexpended Fund Balance of the Public Safety Communication Fund
#261 for this purpose, FURTHER, the Council does hereby authorize the
purchase of said item without competitive bidding for the reasons
indicated in the aforesaid communication, and such action is taken in
accordance with Section 3 04 140D4 of the Livonia Code of Ordinances,
as amended
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#36-99 RESOLVED, that having considered the report and
recommendation of the Director of Public Works and the City Engineer,
dated January 6, 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
the unit price bid of Custom Manufacturing, Inc , 606 Delco Drive, Clinton,
Wisconsin 53525, for completing all work required in connection with the
Idyl Wyld Golf Course Three Bridge Construction Project (Contract 98-P)
for the estimated total cost of$51,800 00 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, said estimated cost and unit prices having been in fact
the lowest bid received for this item, FURTHER, the Council does hereby
appropriate and authorize the expenditure of a sum not to exceed
$51,800 00 from the Unexpended Fund Balance of the Golf Course
Capital Projects Fund No 409 for this purpose, 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
#37-99 RESOLVED, that having considered 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 refer this matter to the Streets,
Roads and Plats Committee for its report and recommendation
#38-99 RESOLVED, that having considered a communication from
the City Planning Commission, dated January 11, 1999, which transmits
its resolution 12-208-98, adopted on December 15, 1998, with regard to
Petition 98-11-2-27, submitted by Ji Hao Ni d/b/a/ New China Buffet,
requesting waiver use approval to operate a full service restaurant within
the Woodland Square Shopping Center located on the north side of
Plymouth Road between Tech Center Drive and Sears Avenue in the
Southeast % of Section 26, which property is zoned C-1, the Council does
hereby concur in the recommendation made by the City Planning
Commission and Petition 98-11-2-27 is hereby approved and granted,
subject to the following conditions
That the number of customer seats shall be limited to no more than
156 seats, and
REVISED PAGE - SEE CR #40-99
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2 That the petitioner shall correct to the satisfaction of the Inspection
Department the site deficiencies as outlined in their
correspondence dated December 4, 1998
#39-99 RESOLVED, that having considered a communication from
the City Planning Commission, dated December 18, 1998, which transmits
its resolution 12-212-98 adopted on December 15, 1998, with regard to
Petition 98-11-8-36 submitted by Preferred Real Estate LLC, requesting
site plan approval in connection with a proposal to construct front and rear
additions to the dentist office located at 38000 Ann Arbor Trail in the
Northwest 1/4 of Section 31, pursuant to the provisions set forth in Section
18 58 of Ordinance No 543, as amended, the Council does hereby concur
in the recommendation of the Planning Commission and Petition 98-11-8-
36 is hereby approved and granted, subject to the following conditions.
1 That the Site Plan marked Sheet SPA-1 prepared by Scott
Monchnik & Associates, as received by the Planning Commission
on October 29, 1998, is hereby approved and shall be adhered to,
2 That all disturbed lawn areas shall be sodded in lieu of
hydroseeding,
3 That the Exterior Building Elevation Plan marked Sheet SPA-2
prepared by Scott Monchnik & Associates, as received by the
Planning Commission on October 29, 1998, is hereby approved
and shall be adhered to,
4 That the petitioner shall correct to the satisfaction of the Inspection
Department the following site deficiency as outlined in the
correspondence dated December 3, 1998 That the entire parking
lot shall be repaired, repaved and double striped, and
5 That all conditions specified in the Zoning Board of Appeals Case
#9810-131 shall be met.
#40-99 RESOLVED, that having considered a communication from
the City Planning Commission, dated December 18, 1998, which transmits
its resolution 12-214-98 adopted on December 15, 1998, with regard to
Petition 98-12-8-37 submitted by Moiseev/Gordon Associates requesting
site plan approval in connection with a proposal to construct an addition
and refurbish the building located at 28701 Plymouth Road in the
Northwest 1/4 of Section 36, pursuant to the provisions set forth in Section
18 58 of Ordinance No 543, as amended, the Council does hereby concur
in the recommendation of the Planning Commission and Petition 98-12-8-
37 is hereby approved and granted, subject to the following conditions.
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1 That the Site Plan marked Sheet SP-2 prepared by
Moiseev/Gordon Associates, as received by the Planning
Commission on November 25, 1998, is hereby approved and shall
be adhered to,
2 That the Landscape Plan prepared by Calvin Hall &Associates, as
received by the Planning Commission on November 25, 1998, is
hereby approved and shall be adhered to,
3 That all disturbed lawn areas shall be sodded in lieu of
hydroseeding,
4 That underground sprinklers are to be provided for all landscaped
and sodded areas, and all planted materials shall be installed to the
satisfaction of the Inspection Department and thereafter
permanently maintained in a healthy condition,
5 That the entire parking lot shall be repaired, resealed and double
striped,
6 That the Exterior Building Elevation Plan marked Sheets A-2 1 and
A-2.2 prepared by Moiseev/Gordon Associates, as received by the
Planning Commission on November 25, 1998, is hereby approved
and shall be adhered to,
7 That all light standards shall be shielded from the adjacent
properties and shall not exceed 20 ft. in height;
8 That the Sign Package submitted by Moiseev/Gordon Associates,
as received by the Planning Commission on December 8, 1998, is
hereby approved and shall be adhered to, and
9 That all signage for this site shall not be illuminated beyond 11 00
pm
#41-99 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,
March 22, 1999, at 7 00 p m at the City Hall, 33000 Civic Center Drive,
Livonia, Michigan, with respect to the following item
Petition 98-10-6-5, submitted by the City Planning Commission,
pursuant to Council Resolution 597-98, to determine whether or not
31417
to amend Article XVIII, Section 18 17 of the Zoning Ordinance so
as to grant valid nonconforming use status to existing
nonconforming produce markets and nurseries, the City Planning
Commission in its resolution 12-210-98 having recommended to the
taw City Council that Petition 98-10-6-5 be approved,
FURTHER, the City Clerk is hereby requested to, no less than fifteen (15)
days prior to the aforesaid date of said public hearing, cause to have a
statement indicating the (a) nature of the proposed amendment to the
Zoning Ordinance, and/or (b) location of the proposed change of zoning
as set forth above, first to be published in the official newspaper of the City
or a newspaper of general circulation in the City of Livonia as well as to,
not less than fifteen (15) days prior to said public hearing, cause to have
notice to be given by certified mail to each public utility company and to
each railroad company owning or operating any public utility or railroad
within the districts or zones affected, and FURTHER, the City Clerk is
requested to do all other things necessary or incidental to the full
performance of this resolution
A roll call vote was taken on the foregoing resolutions with the following result:
AYES Vandersloot, Duggan, Laura, Brosnan, Walsh and Engebretson
NAYS None
At the direction of the Chair, Item #11 re the proposed First Reading of
the Ordinance adding Section 015 to Title 12, Chapter 08 of the Livonia Code of
Ordinances (a fee structure for administrative costs of handling vacating petitions) was
rescheduled to the Regular Meeting of February 10, 1999 (CR 868-98)
A communication from the Department of Law, dated January 27, 1999,
re a survey of other communities' fees for handling vacating petitions was received
and placed on file for the information of the Council (CR 868-98)
On a motion by Brosnan, seconded by Vandersloot, and unanimously
adopted, it was
#42-99 RESOLVED, that having considered the report and
recommendation of the City Clerk, dated January 8, 1999, to which is
attached correspondence from Bruce Barrett, Wayne County Regional
Educational Service Agency (RESA), dated December 16, 1998, wherein
it is requested that the City of Livonia collect the Wayne RESA
intermediate school property taxes, the Council does hereby approve of
31418
the request from Wayne RESA to collect 100% of the intermediate school
property taxes as part of the City's summer tax collection for the Tax Year
1999
On a motion by Brosnan, seconded by Walsh, and unanimously adopted,
it was
#43-99 RESOLVED, that having considered the report and
recommendation of the Director of Public Works, dated January 11, 1999,
which bears the signature of the Director of Finance and is approved for
submission by the Mayor, the Council does hereby approve the selection
of the Joint Venture of Hubbell, Roth & Clark, Inc./Orchard, Hiltz &
McCliment, Inc., to provide engineering services for a Stormwater
Management Study, and does further hereby authorize the administration
to negotiate a contract as proposed in a subsequent communication from
the Director of Public Works, dated January 26, 1999, limited to
paragraphs 1 3, 1 4, 1 5, 1 6 and 1 9 and for a sum not to exceed
$136,150 00, FURTHER, that said contract is subject to the approval of
the Department of Law
A communication from the Public Service Division, dated January 26,
1999, re additional information on the recommendation for selection of a consultant to
complete the Stormwater Management Study was received and placed on file for the
information of the Council
On a motion by Brosnan, seconded by Walsh, and unanimously adopted,
it was
#44-99 RESOLVED, that having considered the report and
recommendation of the Director of Public Works, dated January 11, 1999,
which bears the signature of the Director of Finance and is approved for
submission by the Mayor, as well as a subsequent communication from
the Director of Public Works, dated January 26, 1999, which bears the
signature of the Director of Finance, is approved by the Chairman of the
Water and Sewer Board, is approved as to form by the City Attorney and
is approved for submission by the Mayor, with respect to the selection of a
consultant to complete a Stormwater Management Study and to authorize
the administration to negotiate a contract for the project, the Council does
hereby determine to refer this matter to the Water, Sewer and Waste
Committee for its report and recommendation
31419
On a motion by Brosnan, seconded by Vandersloot, and unanimously
adopted, it was
#45-99 RESOLVED, that having considered a letter from the
Michigan Liquor Control Commission, dated September 18, 1998, and a
report and recommendation from the Chief of Police, dated December 10,
1998, approved for submission by the Mayor, the Council does hereby
approve of the request from Marvin's Bistro, Inc for transfer of ownership
of a 1998 Class C licensed business with Official Permit (Food) from
Lela's Restaurants, Inc. for a business located at 29300 Broadmoor,
Livonia, Michigan 48154, 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 January 26,
1999, re an inspection of the property located at 29300 Broadmoor (Marvin's Bistro,
Inc.) was received and placed on file for the information of the Council
On a motion by Walsh, seconded by Vandersloot, and unanimously
adopted, it was
#46-99 RESOLVED, that having considered a letter from the
Michigan Liquor Control Commission, dated October 13, 1998, and the
report and recommendation of the Chief of Police, dated December 14,
1998, in connection therewith, approved for submission by the Mayor, the
Council does hereby determine that it has no objection to and does
recommend approval of the request from The Southland Corporation for a
new SDM license to be located at 9479 Newburgh, Livonia, Michigan
48150, 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 January 26,
1999, re inspection of the property located at 9479 Newburgh (The Southland
Corporation) was received and placed on file for the information of the Council
A communication from the Area Franchise Director of The Southland
Corporation, dated January 22, 1999, re the request for a new SDM license for
31420
property located at 9479 Newburgh was received and placed on file for the information
of the Council
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Duggan left the podium at 8 21 p m due to a conflict of interest on the next Agenda
item
On a motion by Laura, seconded by Brosnan, it was
#47-99 RESOLVED, that having considered the report and
recommendation of the Director of Public Works and the City Engineer,
dated December 21, 1998, approved for submission by the Mayor, the
Council does hereby authorize the release to Soave Building Company,
34822 Pembroke, Livonia, Michigan 48152, the proprietor of Orangelawn
Woods Subdivision No 2, located in the Northeast % of Section 33, of the
financial assurances previously deposited pursuant to Council Resolution
407-95 adopted on June 21, 1995, and subsequently amended by Council
Resolution 137-96 adopted on February 28, 1996, specifically.
a) General Improvement Bond $ 7,000 00 cash,
b) Sidewalk Bond $22,000 00 ($5,000 00 minimum
cash),
c) Grading and Soil Erosion Control $ 2,000 00 cash
d) Monuments and Markers
$ 1,200 00 cash, and
e) Balance of Street Lighting $ 1,784 60;
contribution-in-aid
and the action herein being taken is for the reasons indicated in the
aforementioned report of the City Engineer that all these improvements
have been satisfactorily installed in accordance with the rules and
regulations and ordinances of the City of Livonia
A roll call vote was taken on the foregoing resolution with the following result:
AYES Vandersloot, Laura, Brosnan, Walsh and Engebretson
NAYS None
The President declared the resolution adopted
Duggan returned to the podium at 8.22 p m
On a motion by Brosnan, seconded by Duggan, and unanimously
adopted, it was
31421
#48-99 RESOLVED, that having considered a letter from the
Director of Public Works and the City Engineer, dated December 23,
1998, approved for submission by the Mayor, submitting a Declaration of
Restrictive Covenant for recording against certain property owned by the
City of Livonia, located at the landfill on Glendale Avenue, more
particularly described as
That part of North 1/2 of Section 27, T 1 S , R 9E , City of Livonia,
Wayne County, Michigan, described as beginning at a point on the
North and South 1/4 Sec line distance South 0°06'20" West, 1,011
feet from the North 1/4 corner of Section 27 and proceed thence,
South 0°06'20" West, along said line 1,111 13 feet thence, North
89°12'30" West, 780 feet thence, North 0°20'30" East, 560 00 feet
thence, South 89°35'30" East, 436 63 feet thence, North 0°20'30"
East, 731 79 thence, South 89°35'30" East, 295 feet thence, South
0°06'20" West, 186 feet thence, South 89°35'30" East, 43 feet to the
point of beginning 15 5 acres
pursuant to MCL 324.21310a(2), the Council does hereby request that a
restrictive covenant be recorded against said property with the Wayne
County Register of Deeds, such restrictive covenant to be on Form EQP
5527, and to specifically provide that the City shall obtain permission from
the M D E Q prior to any earthmoving or mining on the site for a period of
50 years from the time of completion of the landfill operations, and the
Mayor is hereby authorized, for and on behalf of the City of Livonia, to
execute such restrictive covenant 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 documentation as may be necessary to consummate this
transaction
A map showing the area of and containing the legal description for the City
of Livonia landfill on Glendale Avenue, received on January 25, 1999, was received and
placed on file for the information of the Council
Duggan left the podium at 8 23 p m due to a conflict of interest on the next Agenda
item
On a motion by Brosnan, seconded by Laura, it was
#49-99 RESOLVED, that having considered a communication from
the City Clerk, dated January 12, 1999, which indicates that the proprietor
of Cross Winds Estates Subdivision, situated in the Northeast 1/4 of
Section 4, has delivered final true plats to the City Clerk and requested
31422
that said plat be presented to Council for final approval, and the Council
having received a communication from the City Planning Commission,
dated December 16, 1998, wherein said Commission approves the final
plat for the said subdivision in its resolution 12-211-98, adopted on
December 15, 1998, and the Council having considered a report from the
City Engineer, dated December 7, 1998, recommending approval of the
final plat of said subdivision, the preliminary plat of which was approved by
the Council in its resolution 27-99, adopted on January 13, 1999, said
preliminary plat having been recommended for approval by the City
Planning Commission on August 11, 1998, in its resolution 8-130-98,
NOW, THEREFORE, the Council does hereby determine to grant its
approval to the final plat of Cross Winds Estates Subdivision, located in
the Northeast 1/4 of Section 4, 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 Vandersloot, Laura, Brosnan, Walsh and Engebretson
NAYS None
The President declared the resolution adopted
Duggan returned to the podium at 8.24 p m
On a motion by Laura, seconded by Duggan, it was
RESOLVED, that having considered a communication from
the City Planning Commission, dated December 17, 1998, which transmits
its resolution 12-209-98 adopted on December 15, 1998, submitted
pursuant to Council Resolution 560-98, with regard to Petition 98-11-3-6,
submitted by Suzanne McInerney and other referenced citizens,
requesting the vacating of a portion of Brookfield Avenue right-of-way
located east of Mayfield Avenue between Seven Mile Road and Clarita
Avenue in the Northeast 1/4 of Section 10, 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 Duggan and Laura
REVISED PAGE - SEE CR #50-99
31423
NAYS Vandersloot, Brosnan, Walsh and Engebretson
The President declared the resolution denied
On a motion by Vandersloot, seconded by Walsh, it was
#50-99 RESOLVED, that having considered a communication from
the City Planning Commission, dated December 17, 1998, which transmits
its resolution 12-209-98 adopted on December 15, 1998, submitted
pursuant to Council Resolution 560-98, with regard to Petition 98-11-3-6,
submitted by Suzanne McInerney and other referenced citizens,
requesting the vacating of a portion of Brookfield Avenue right-of-way
located east of Mayfield Avenue between Seven Mile Road and Clarita
Avenue in the Northwest 1/4 of Section 10, the Council does hereby
concur in the recommendation of the City Planning Commission and does
grant and approve said Petition 98-11-3-6, subject to the retention of a full
width easement to protect existing public utilities, and the Department of
Law is hereby requested to prepare the necessary vacating ordinance in
accordance with this resolution
A roll call vote was taken on the foregoing resolution with the following result:
AYES Vandersloot, Brosnan, Walsh and Engebretson
NAYS Duggan and Laura
The President declared the resolution adopted
On a motion by Duggan, seconded by Walsh, it was
#51-99 RESOLVED, that having considered a communication from
the City Planning Commission, dated October 19, 1998, which sets forth
its resolution 10-167-98 adopted on October 13, 1998, with regard to
Petition 98-7-1-12, submitted by the City Planning Commission, pursuant
to Council Resolution 134-98, for a change of zoning of property located
east of Stark Road between Orangelawn and Richland Avenues in the
Northeast 1/4 of Section 33, from RUE to R-1, and the Council having
conducted a public hearing with regard to this matter on Wednesday,
January 6, 1999, pursuant to Council Resolution 826-98, the Council does
hereby approve Petition 98-7-1-12 for preparation of the ordinance for
submission to Council, and the City Planner is hereby instructed to cause
the necessary map for publication to be prepared indicating the zoning
change herein approved and to furnish the same to the Department of
Law and, upon receipt of such map, the Department of Law is requested
31424
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 Vandersloot, Duggan, Laura, Walsh and Engebretson
NAYS Brosnan
The President declared the resolution adopted
On a motion by Brosnan, seconded by Duggan, and unanimously
adopted, it was
#52-99 RESOLVED, that having considered a communication from
the City Planning Commission, dated October 19, 1998, which sets forth
its resolution 10-168-98 adopted on October 13, 1998, with regard to
Petition 98-8-1-17, submitted by RD Management on behalf of Second
Mount Clemens Corporation, for a change of zoning of property located on
the north side of Five Mile Road between Levan Road and Williams
Avenue in the Southwest 1/4 of Section 17, from OS to C-1, and the
Council having conducted a public hearing with regard to this matter on
Wednesday, January 6, 1999, pursuant to Council Resolution 826-98, the
Council does hereby concur in the recommendation of the Planning
Commission and Petition 98-8-1-17 is hereby denied for the following
reasons
1 That the proposed change of zoning is contrary to the Future Land
Use Plan designation of Office,
2 That this area of the City is currently well served with a variety of
commercial uses,
3 That the petitioner has failed to adequately demonstrate a need in
this area for additional commercial uses such as are permitted by
the C-1 zoning district;
4 That the proposed change of zoning will provide for uses which will
cause additional traffic congestion in the area,
5 That the proposed change of zoning would be incompatible to and
not in harmony with the adjacent uses in the area, particularly with
respect to the residential uses to the north, and
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6 That the proposed change of zoning will provide for uses which will
erode the quality of life experienced by the adjoining residential
neighborhood
A communication from the Planning Department, dated January 25, 1999,
stating that a valid protest exists with respect to Petition 98-8-1-17, was received and
placed on file for the information of the Council
On a motion by Brosnan, seconded by Laura, it was
RESOLVED, that having considered 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
2 That the dish antenna is disturbing to and not in harmony with the
surrounding area
The petitioner's wife, Jacqueline Reeves, 14855 Santa Anita Avenue, addressed this
request, showing a site plan, and asked for a favorable outcome
Brosnan and Laura withdrew their motions on the foregoing resolution
Brosnan requested this matter be postponed until the Regular Meeting of February 10,
1999 No action was taken on this request.
On a motion by Laura, seconded by Duggan, and unanimously adopted, it
was
#53-99 RESOLVED, that having considered 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
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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
L to this matter on Wednesday, January 6, 1999, pursuant to Council
Resolution 862-98, the Council does hereby refer this matter to the
Streets, Roads and Plats Committee for its report and recommendation
A communication from Michael F Trosell, 27832 Meadowbrook Court,
dated January 22, 1999, re approving the suggestion of landscaping to conceal the
satellite dish located at 14855 Santa Anita Avenue was received and placed on file for
the information of the Council
A communication from David J and Amy J Baerlin, 14790 Santa Anita,
dated January 8, 1999, re the satellite dish located at 14855 Santa Anita was received
and placed on file for the information of the Council
On a motion by Walsh, seconded by Brosnan, and unanimously adopted,
it was.
#54-99 RESOLVED, that having considered a communication from
the City Planning Commission, dated November 4, 1998, which sets forth
its resolution 10-180-98 adopted on October 27, 1998, with regard to
Petition 98-8-2-16 submitted by Dale T Culver d/b/a Culver Custom
Homes requesting waiver use approval to construct a detached
condominium project on property located on the north side of Schoolcraft
Road between Park Avenue and Fairway Drive in the Southeast 1/4 of
Section 20, which property is zoned R-2, and the Council having
conducted a public hearing with regard to this matter on Wednesday,
January 6, 1999, pursuant to Council Resolution 863-98, the Council does
hereby refer this matter to the Streets, Roads and Plats Committee for its
report and recommendation
A communication from Culver Custom Homes, dated January 26, 1999,
re additional information on their request to construct a detached condominium project
(Petition 98-8-2-16) was received and placed on file for the information of the Council
Nmoeeotninegfrom the audience spoke during the audience communication
portion of the
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Newly elected State Senator Thaddeus McCotter introduced himself to
those in attendance and to the viewing audience He gave his phone number and
address in Lansing, and invited any questions or concerns from his constituents
Councilmember Vandersloot wished a "Happy Birthday" to City Clerk Joan
McCotter (Friday, January 29)
On a motion by Brosnan, seconded by Walsh, and unanimously adopted,
this 1,385th Regular Meeting of the Council of the City of Livonia was adjourned at 8 47
p m , January 27, 1999
0
Joa McCotter, City Clerk