HomeMy WebLinkAboutCOUNCIL MINUTES 1998-05-20 30975
MINUTES OF THE ONE THOUSAND THREE HUNDRED AND SIXTY-NINTH
REGULAR MEETING OF THE COUNCIL OF THE CITY OF LIVONIA
On May 20, 1998, the above meeting was held at the City Hall, 33000
Civic Center Drive, Livonia, Michigan, and was called to order by the President of the
Council at 8:00 p m. Councilmember Pastor delivered the invocation
Roll was called with the following result: John R. Pastor, Brie.4rn Duggan,
Joe Laura, Maureen Miller Brosnan, John J Walsh, Val I Vandersloot, and Jack
Engebretson. Absent: None
Elected and appointed officials presents. 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, John
Fegan, Director of Inspection, and Kevin Roney, Public Utility Manager
On a motion by Vandersloot, seconded by Brosnan, it was.
#378-98 RESOLVED, that the synopsis of the minutes of the 1,368th
Regular Meeting of the Council of the City of Livonia, held May 6, 1998,
are hereby approved as corrected, with CR#366-98 to read as follows.
#366-98 Resolution by Brosnan and Duggan, denying the
request from The Sideline restaurant for an amendment to the sub-
lease agreement at the Fox Creek Clubhouse to obtain an
additional permit to allow the sale of alcoholic beverages on the
golf course
A roll call vote was taken on the foregoing resolution
AYES Vandersloot, Duggan and €ngebretsen Brosnan
NAYS Laura and Engebretson
A roll call vote was taken on the foregoing resolution with the following result:
AYES Duggan, Laura, Brosnan, Vandersloot, and Engebretson
NAYS None
30976
PRESENT Pastor and Walsh
The President declared the resolution adopted
During audience communication, Michael Williams, 12146 Stark Road,
Alden Village Subdivision, sought Council's support in the placement of a 6' wall which
he believed should be located between the back of his residential property and the
property zoned commercial behind him.
On a motion by Laura, seconded by Brosnan, it was
RESOLVED, that the Council does hereby refer to the
administration for a report and recommendation on the request of Michael
Williams, 12146 Stark Road, with a time certain response of 30 days from
this date, with respect to the matter of erecting a 6' wall between the back
of his property and the commercial property abutting.
Mayor Kirksey addressed this matter, stating that although he would be happy to react
to this request, he wasn't sure about the 30 days time certain
On a motion by Walsh, seconded by Pastor, it was:
RESOLVED, that the Council does hereby determine to
substitute a resolution in lieu of the foregoing with the omission of the
time certain response of 30 days
A roll call vote was taken on the motion to substitute with the following result:
AYES Pastor, Walsh and Engebretson.
NAYS Duggan, Laura, Brosnan, and Vandersloot.
The President declared the motion to substitute denied
A roll call vote was then ::.ken on the original resolution offered by Laura, seconded by
Brosnan, as follows
#379-98 RESOLVED, that the Council does hereby refer to the
administration for a report and recommendation on the request of Michael
Williams, 12146 Stark Road, with a time certain response of 30 days from
this date, with respect to the matter of erecting a 6' wall between the back
of his property and the commercial property abutting
with the following result:
AYES Pastor, Duggan, Laura, Brosnan, Vandersloot, and Engebretson.
NAYS Walsh.
30977
The President declared the resolution adopted
Councilmember Brosnan reported on the improving condition of Barbara
Feenstra, wife of former Councilmember Fernon P Feenstra. Barbara is no longer in
the Critical Care Unit at U of M Hospital, is off the respirator, and seems to be making a
good recovery
Councilmember Brosnan also addressed a letter received from Norbert
and DeeDee Dittmar, dated May 13, 1998, requesting compensation from the City for
various damage on their property by putting in a sewer lin: without their authorization.
On a motion by Brosnan, seconded by Laura, and unanimously adopted,
it was.
#380-98 RESOLVED, that the Council does hereby refer to the
Department of Public Works for its report and recommendation the status
of the sewer installation and problems thereof with respect to the property
located at 18420 Laurel, owned by Norbert and DeeDee Dittmar
Councilmember Pastor announced that the Children's Miracle Network
Telethon would air on May 30 and 31st, and asked for patronage at local businesses
that would be participating
A communication from the Department of Finance, dated April 23, 1998,
re forwarding various financial statements of the City of Livonia for the month ending
March 31, 1998, was received and placed on file for the information of the Council
A communication from the Department of Law, dated April 28, 1998, re.
T. F. Beck Company v Todd Alan Felt, Todd Alan Felt d/b/a T.A.F. Construction,
Kickers All-American Grille, Inc., Stovan Brothers, Inc., Spiro & Sons, Inc., and City of
Livonia, Wayne County Circuit Court Case No 96-632239CH, was received and placed
on file for the information of the Council
A communication from the Department of Law, dated April 29, 1998, re
West Livonia Conareaation of Jehovah's Witnesses v City of Livonia, Wayne County
30978
Circuit Court Case No 96-626417CK, was received and placed on file for the
information of the Council
A communication from the Engineering Division, dated May 13, 1998, re.
status of the Hillcrest Court Development Project, at Five Mile and Spanich Court, on
the east side of Kroger, was received and placed on file for the information of the
Council
A communication from the Engineering Division, dated May 13, 1998, re.
status of the Pines of Winfield Subdivision was received and placed on file for the
information of the Council
On a motion by Laura, it was
RESOLVED, that the Council does hereby amend the
Orders of the Day
The President declared the motion denied for lack of support.
On a motion by Duggan, seconded by Brosnan, and unanimously
adopted, it was
#381-98 RESOLVED, that having considered a communication from
Councilmember Brian Duggan, dated May 19, 1998, in connection with a
letter from the Michigan Liquor Control Commission, dated December 16,
1997, and a report and recommendation from the Chief of Police, dated
March 20, 1998, approved for submission by the Mayor, regarding the
request from Lauren Mary, Inc. for transfer of ownership of a 1997 SDD-
SDM licensed business from Sesco Enterprises, Inc. for a business
located at 19213 Newburgh Road, Livonia, Michigan 48152, Wayne
County, the Council does hereby discharge the Committee of the Whole
from further consideration of this matter which was referred to the
committee in Council Resolution 334-98
On a motion by Duggan, seconded by Laura, and unanimously adopted, it
was.
#382-98 RESOLVED, that having considered a letter from the
Michigan Liquor Control Commission, dated December 16, 1997, and a
report and recommendation from the Chief of Police, dated March 20,
30979
1998, approved for submission by the Mayor, the Council does hereby
approve of the request from Lauren Mary, Inc. for transfer of ownership of
a 1997 SDD-SDM licensed business from Sesco Enterprises, Inc. for a
business located at 19213 Newburgh Road, Livonia, Michigan 48152,
Wayne County; and the City Clerk is hereby requested to forward a
certified copy of this resolution to the Michigan Liquor Control
Commission
On a motion by Duggan, seconded by Brosnan, it was
#383-98 RESOLVED, t,llt having considered an application from
Lisa Damico, 9184 Hartel, cue ted April 22, 1998, requesting permission to
close Hartel, between Grandon and Westfield, on Saturday, June 27,
1998, from 4 00 p m to 1000 p m. for the purpose of conducting a block
party, the Council does hereby grant permission as requested, the action
taken herein being made subject to the approval of the Police
Department.
#384-98 RESOLVED, that having considered an application from
Chris and Pam Elliott, 32458 Maryland, dated April 22, 1998, requesting
permission to close Maryland, between Hubbard and Ohio, on Saturday,
July 18, 1998, from 3 00 p m. to 1000 p m. for the purpose of conducting
a block party, the Council does hereby grant permission as requested,
the action taken herein being made subject to the approval of the Police
Department.
#385-98 RESOLVED, that having considered a communication from
the City Assessor, dated May 1, 1998, approved for submission by the
Mayor, with regard to a request from Kim Kostich, 9811 Farmington,
Livonia, Michigan 48150, and Ron and Sue Yarbrough, 33428 Richland,
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 46-129-01-0123-002 and 46-129-01-0124-
002 into two (2) parcels, the "Agal descriptions of which shall read as
follows
PARCEL 1.
The East 303 50 feet of Lot 124 of"Supervisor's Livonia Plat No
2," of the S 5/8 of the N E 1/4 and the E 1/2 of the N 3/8 of the
N E 1/4 of Section 33, T 1 S , R. 9 E , Livonia Twp (now City of
Livonia), Wayne County, Michigan Liber 66, Page 1 Containing
0 4598 acres
PARCEL 2.
The West 70 00 feet of the East 373 50 feet of Lot 124 and the
West 70 00 feet of the East 373 50 feet of Lot 123, "Supervisor's
Livonia Plat No 2," of the S 5/8 of the N E. 1/4 and the E. 1/2 of
30980
the N 3/8 of the N E 1/4 of Section 33, T 1 S , R. 9 E , Livonia
Twp (now City of Livonia), Wayne County, Michigan Liber 66,
Page 1 Containing 0 278 acres
as shown on the map attached to the aforesaid communication which is
made a part hereof by reference, and the City Clerk is hereby requested
to cause a certified copy of this resolution to be recorded in the Office of
the Wayne County Register of Deeds
#386-98 RESOLVED, that having considered a communication from
the Mayor, dated April 29, 1998, the Council does hereby approve of and
concur in the reappointment of Robert Alanskas, 36218 Bark e/, Livonia,
Michigan 48154, to the City Planning Commission for a term of three
years, which will expire on June 9, 2001
#387-98 RESOLVED, that having considered a communication from
the Mayor, dated April 29, 1998, the Council does hereby approve of and
concur in the reappointment of Michael Hale, 28679 Bayberry Court E.,
Livonia, Michigan 48154, to the City Planning Commission for a term of
three years, which will expire on June 9, 2001
#388-98 RESOLVED, THAT WHEREAS, under the provisions of Title
I of the Housing and Community Development Act of 1987, the Secretary
of Housing and Urban Development is authorized to make grants to units
of local government to help finance community development programs;
and
WHEREAS, the primary objective of such Act is the development of
viable urban communities by providing decent housing and suitable living
environment and expanding economic opportunities, principally for
persons of low and moderate income, and
WHEREAS, to obtain its Fiscal Year 1998 entitlement funds under the
Community Development Block Grant Program as authorized by the
Housing Community Development Act of 1987, the City of Liw.Alia must
submit a Statement of Community Development Objectives anu Projected
Use of Funds, satisfactory assurances that the Program will be conducted
and administered in accordance with appropriate federal and state laws
and Department of Housing and Urban Development regulations; and
satisfactory assurances that, prior to submission of its Final Statement of
Community Development Objectives and Projected Use of Funds, it has
(a) provided citizens with adequate information concerning the amount of
funds available for proposed community development and housing
activities, the range of activities that may be undertaken, the estimated
amount of those funds proposed to be used for activities that will benefit
low and moderate income persons, and other important program
requirements, (b) held a public hearing to obtain the views of citizens on
community development and housing needs; and (c) provided citizens an
30981
adequate opportunity to examine the content of and to submit comments
on the proposed Statement of Community Development Objectives and
Projected Use of Funds,
NOW, THEREFORE, BE IT RESOLVED by the City Council of Livonia
that the Final Statement of Community Development Objectives and
Projected Use of Funds for the Fiscal Year 1998 Community Development
Block Grant Program is hereby approved and shall be submitted to the
Department of Housing and Urban Development.
#389-98 RESOLVED, that having considered the report and
recommence tion of the Fire Chief, dated April 27, 1998, which bears the
signature of the Director of Finance and is approved for submission by
the Mayor, which requests authorization to sell the following surplus City
vehicles at auction
Description Mileage
1990 Ford Sedan 106,000
1988 Road Rescue ambulance 240,000
the Council does hereby concur in and approve of the recommended
action, FURTHER, the proceeds of the sale of such vehicles shall be
allocated to Account No 101-000-680-000 (Sale of Fixed Assets)
#390-98 RESOLVED, that having considered the report and
recommendation of the Fire Chief, dated April 27, 1998, which bears the
signature of the Director of Finance and is approved for submission by
the Mayor, regarding bids received for supplying the Fire Department with
one medium-duty rescue ambulance, the Council does hereby refer this
matter to the Committee of the Whole for its report and recommendation.
#391-98 RESOLVED, that having considered the report and
recommendation of the Public Utility Manager and the Director of Public
Works, dated May 4, 1998, which bears the signature of the Director of
Finance anu is approved for submission by the Mayor, the Council does
hereby accept the bid of Certified Abatement Services, 3715 Gorey
Avenue, Flint, Michigan 48506, for completing all work required in
connection with the removal of Asbestos Containing Materials (ACM's) at
the Fire Station Headquarters, City Hall Annex and Eddie Edgar Ice
Arena, for the sum of$20,670 00, the same 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
$20,670 00 from Account No 401-000-976-027 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
30982
#392-98 RESOLVED, that having considered the report and
recommendation of the Director of Finance, dated April 24, 1998,
approved for submission by the Mayor, and to which is attached a list of
adjustments required for the 1998 budget, the Council does hereby
authorize the said budget adjustments and transfers in the manner and
form set forth in the attachment.
#393-98 RESOLVED, that having considered a communication from
the Director of Public Works and the City Engineer, dated April 27, 1998,
approved for submission by the Mayor, to which is attached a letter from
Mr Gregory Bricker, dated March 25, 1998, -F questing elimination of the
sidewalk requirement with respect to the new home being constructed at
9222 Cardwell, the Council does hereby approve this request inasmuch
as omitting the sidewalk on the subject property would have no
detrimental effect upon the neighboring properties at this time due to lack
of any other public sidewalks existing within the neighboring area,
provided, however, that this approval is contingent upon the property
owner submitting a letter to the City indicating that he agrees to install
sidewalks when other sidewalks are installed on this street.
#394-98 RESOLVED, that having considered a communication from
Councilmember Maureen Miller Brosnan, dated April 29, 1998, regarding
proposed amendments to Section 4 05 of the Livonia Zoning Ordinance
and any other sections which may apply in order to change the setback
requirements for new subdivisions only, and in accordance with the
provisions set forth in Section 23 01(a) of the Livonia Zoning Ordinance,
the Council does hereby determine on its own motion to refer to and
request that the City Planning Commission conduct a public hearing on
the question of whether such amendments should be made, and
thereafter submit a report and recommendation to Council
#395-98 RESOLVED, that having considered the report and
recommendation of the Director of Public Works and the City Engineer,
dated May 6, 1998, which bears the signature of the Director of Finance,
is approved by the Chairman of the Water and Sewer Board and
approved for submission by the Mayor, the Council does hereby accept
the unit price bid of Angelo Constantine Construction, Inc., 815 Church
Street, Plymouth, Michigan 48170, for completing all work required in
connection with the installation of small diameter storm sewers as part of
the City of Livonia Alternate Drainage Program previously approved in
Council Resolution 818-97, for the estimated total cost of$568,865 92
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 the following amounts for this purpose
30983
- The remaining balance of 1993 $5 Million Water and Sewer
Revenue Bond Issue (including interest earned on bond
proceeds) estimated to be $25,000 00;
The amount of $150,000 00 from the Drainage Projects
Construction Fund No 465, and
- The remainder of the project cost from the unrestricted retained
earnings of the Water and Sewer Fund No 592, estimated to be
$393,866 00;
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.
#396-98 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
Wednesday, July 8, 1998, at 7 00 p m at the City Hall, 33000 Civic
Center Drive, Livonia, Michigan, with respect to the following items.
(1) Petition 98-3-1-4, submitted by the City Planning Commission for a
change of zoning of property located on the east side of Harrison
Avenue between Seven Mile Road and Pickford Avenue, Lots 40-
51, inclusive, in Dohany Subdivision in the Northeast 1/4 of Section
12, from RUF to R-1, the City Planning Commission in its
resolution 5-61-98 having recommended to the City Council that
Petition 98-3-1-4 be denied,
(2) Petition 98-3-1-5, submitted by GNI Development, Inc. and the
Disabled American Veterans Chapter 114 for a change of zoning of
property located on the east side of Newburgh Road in the
Southwest 1/4 of Section 32, from P to C-1, the City Planning
Commission in its resolution 5-62-98 having recommended to the
City Council that Petition 98-3-1-5 be approved, and
(3) Petition 98-3-1-6, submitted by Leo Soave for a change of zoning
of property located on the west side of Farmington Road in the
Northeast 1/4 of Section 4, from RUFA to R-3, the City Planning
Commission in its resolution 5-63-98 having recommended to the
City Council that Petition 98-3-1-6 be approved,
30984
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 amendments to the
Zoning Ordinance, and/or (b) location of the proposed changes 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 Jther things necessary or incidental to the full
performance of this resoluti )r i
A roll call vote was taken on the foregoing resolutions with the following result:
AYES Pastor, Duggan, Laura, Brosnan, Walsh, Vandersloot, and
Engebretson
NAYS None
On a motion by Walsh, seconded by Brosnan, and unanimously adopted,
it was:
#397-98 RESOLVED, that having considered the report and
recommendation of the Legislative Committee, dated April 28, 1998,
submitted pursuant to Council Resolution 139-98, and a communication
from Councilmember Joe Laura, dated February 11, 1998, regarding the
subject of"Home Businesses", the Council does hereby refer this matter
to the City Assessor for a report and recommendation, which report shall
update the information contained in the report and recommendation from
the City-Assessor dated April 23, 1993
On a motion by Walsh, seconded by Brosnan, and unanimously adopted,
it was.
#398-98 RESOLVED, that having considered the report and
recommendation of the Legislative Committee, dated April 28, 1998,
submitted pursuant to Council Resolution 139-98, and a communication
from Councilmember Joe Laura, dated February 11, 1998, regarding the
subject of"Home Businesses", the Council does hereby refer the subject
of the preparation of a definition of"Home Business" and "Home
Occupation" to the Department of Law and the Inspection Department for
a report and recommendation
30985
On a motion by Walsh, seconded by Brosnan, and unanimously adopted,
it was
#399-98 RESOLVED, that having considered the report and
recommendation of the Legislative Committee, dated April 28, 1998,
submitted pursuant to Council Resolution 139-98, and a communication
from Councilmember Joe Laura, dated February 11, 1998, regarding the
subject of"Home Businesses", the Council does hereby refer the subject
of the types of home businesses which City officials are aware of to the
Inspection Department for its report and recommendation
On a motion by Walsh, seconded by Brosnan, and unanimously adopted,
it was:
#400-98 RESOLVED, that having considered the report and
recommendation of the Legislative Committee, dated April 28, 1998,
submitted pursuant to Council Resolution 139-98, and a communication
from Councilmember Joe Laura, dated February 11, 1998, regarding the
subject of"Home Businesses", the Council does hereby refer the subject
of the regulation of home businesses by comparable and surrounding
L cities to the Department of Law for its report and recommendation.
On a motion by Walsh, seconded by Pastor, and unanimously adopted, it
was:
#401-98 RESOLVED, that having considered the report and
recommendation of the Legislative Committee, dated April 28, 1998,
submitted pursuant to Council Resolution 140-98, regarding the subject of
zoning regulations pertaining to in-home child care businesses, the
Council does hereby request that the administration submit a list of child
care centers operating in the City to the Council, as well as a report of
personal property taxes paid by such centers.
On a motion by Walsh, seconded by Pastor, and unanimously adopted, it
was:
#402-98 RESOLVED, that having considered the report and
recommendation of the Legislative Committee, dated April 28, 1998,
submitted pursuant to Council Resolution 140-98, regarding the subject of
zoning regulations pertaining to in-home child care businesses, the
Council does hereby refer the subject of the preparation of a proposed
ordinance amendment to allow large in-home day care providers to obtain
a Conditional Use Permit for homes of 7 to 10 children which meet
30986
established criteria to the Department of Law, the same to thereafter be
submitted to Council for its consideration
On a motior by Walsh, seconded by Pastor, and unanimously adopted, it
was.
#403-98 RESOLVED, that having considered the report and
recommendation of the Legislative Committee, dated April 28, 1998,
submitted pursuant to Council Resolution 140-98, regarding the subject of
zoning regulations pertaining to in-home child care businesses, the
Council do,3: hereby refer the subject of a proposed ordinance
amendment addressing and permitting in-home child care businesses
(similar to the draft legislation submitted by Councilmember Maureen
Miller Brosnan) to the Department of Law, the same to be thereafter
submitted to Council for its consideration.
On a motion by Walsh, seconded by Pastor, and unanimously adopted, it
was:
#404-98 RESOLVED, that having considered the report and
recommendation of the Legislative Committee, dated April 28, 1998,
submitted pursuant to Council Resolution 140-98, regarding the subject of
zoning regulations pertaining to in-home child care businesses, the
Council does hereby request that the Inspection Department provide input
to the Department of Law regarding objective criteria for a proposed
ordinance regulating this subject.
On a motion by Walsh, seconded by Pastor, and unanimously adopted, it
was:
#405-98 RESOLVED, that having considered the report and
recommer'diltion of the Legislative Committee, dated April 28, 1998,
submitted pursuant to Council Resolution 140-98, regarding the subject of
zoning regulations pertaining to in-home child care businesses, the
Council does, in accordance with Section 23 01(a) of Zoning Ordinance
543, hereby request that the City Planning Commission conduct a public
hearing anc thereafter submit its report and recommendation on the
subject of a proposed amendment(s) to the Zoning Ordinance to permit
in-home child care businesses
A communication from the Department of Law, dated April 30, 1998,
addressed to the State of Michigan, re requesting information on in-home child care
30987
businesses/child care centers operating in Livonia was received and placed on file for
the information of the Council (CR 140-98)
The following individuals from the audience addressed this matter
1) Mr Dunn, Livonia homeowner- stated he had no objection to an in-home child
care business with 1-6 children, but he did object to 7-12,
2) Mike Hyatt, Golfview Street - he lives adjacent to one child care facility He
stated that besides the noise, there is increased lia5►Iity to the adjoining
residents, there is increased traffic, and more trash iith an in-home child care
business,
3) Ann Armstrong, 18731 Fairway - she lives behind a baby-sitter that watches 14
children. She does not think this type of business should be conducted in a
private home,
4) Evelyn Wroblewski, 18681 Fairway - her home backs up to a home day care
business. She stated we need to be concerned as to what this will do to the
neighborhoods, it's still a business, and
5) Dave Ardanowski, Fairway Street - suggested that 7-12 children not even be
discussed.
Brosnan gave first reading to the following Ordinance
AN ORDINANCE AMENDING SUBSECTION (a) OF SECTION
18 47 OF ARTICLE XVIII OF ORDINANCE NO 543, AS
AMENDED, KNOWN AND CITED AS "THE CITY OF LIVONIA
ZONING ORDINANCE" (Petition 98-1-6-1)
The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in the
Office of the City Clerk and is the same as if word for word repeated herein The above
Ordinance was placed on the table for consideration at the next regular meeting
Vandersloot gave first reading to the following Ordinance
AN ORDINANCE VACATING PORTIONS OF STREET,
ALLEY AND PUBLIC GROUND (Petition 98-2-3-1)
30988
The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in the
Office of the City Clerk and is the same as if word for word repeated herein The above
Ordinance was placed on the table for consideration at the next regular meeting
On a motion by Duggan, seconded by Pastor, and unanimously adopted,
it was
#406-98 RESOLVED, that having considered the report and
recommendation of the Department of Law, dated May 5, 1998, approved
for submission by the Mayor and submitted pursuant to Council
Resolution 239-98 regarding a proposed amendment to Article XVIII of
Zoning Ordinance No 543 to add thereto a new Section 18.66 imposing
bonding requirements pursuant to MCL 125.584e, the Council does, in
accordance with Section 23 01(a) of the Livonia Zoning Ordinance 543,
determine on its own motion to refer to and request that the City Planning
Commission conduct a public hearing on the question of whether such
amendment should be made, and thereafter submit its report and
recommendation to Council
Duggan gave first reading to the following Ordinance
AN ORDINANCE ADDING SECTIONS 085 AND 095 OF
TITLE 10, CHAPTER 18 (CERTIFICATES AND LICENSES)
OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED
The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in the
Office of the City Clerk and is the.same as if word for word repeated herein. The above
Ordinance was placed on the table for consideration at the next regular meeting
Brosnan took from the table, for second reading and adoption, the
following Ordinance
AN ORDINANCE ADDING CHAPTER 06
(TELECOMMUNICATIONS) TO TITLE 12 OF THE
LIVONIA CODE OF ORDINANCES, AS AMENDED
A roll call vote was taken on the foregoing Ordinance with the following result:
AYES Pastor, Duggan, Laura, Brosnan, Walsh, Vandersloot, and
Engebretson
NAYS None
30989
The President declared the foregoing Ordinance duly adopted, and would become
effective on publication
A communication from the Department of Finance, dated May 12, 1998,
re. receipt of payment for false alarms from Stark Pizza & Party Shoppe, Inc., 34395
Plymouth Road, was received and placed on file for the information of the Council
On a motion by Brosnan, s :onded by Walsh, and unanimously adopted,
it was.
#407-98 RESOLVED, that having considered a letter from the
Michigan Liquor Control Commission, dated February 26, 1998, and a
report and recommendation from the Chief of Police, dated April 16, 1998,
approved for submission by the Mayor, the Council does hereby approve
of the request from Stark Pizza & Party Shoppe, Inc. for transfer of
ownership of a 1997 SDM licensed business from Cabo Companies, Inc.
for a business located at 34395 Plymouth Road, Livonia, Michigan,
Wayne County; and the City Clerk is hereby requested to forward a
certified copy of this resolution to the Michigan Liquor Control
Commission.
On a motion by Vendersloot, seconded by Duggan, it was.
#408-98 RESOLVED, that having considered a letter from the
Michigan Liquor Control Commission, dated March 6, 1998, and the
report and recommendation of the Chief of Police, dated May 1, 1998,
approved for submission by the Mayor, in connection therewith, the
Council does hereby determine that it has no objection to and does
recommend approval of the request from Westborn Market of Livonia, Inc.
for a new SDM license to ".:: located at 14925 Middlebelt Road, Livonia,
Michigan, Wayne County; aid the City Clerk is hereby requested to
forward a certified copy of this resolution to the Michigan Liquor Control
Commission.
A roll call vote was taken on the foregoing resolution with the following result:
AYES Pastor, Duggan, Laura, Walsh, Vandersboot, and Engebretson.
NAYS Brosnan
The President declared the resolution adopted
On a motion by Duggan, seconded by Brosnan, it was-
30990
#409-98 RESOLVED, that having considered the report and
recommendation of the Water and Sewer Board, dated May 4, 1998,
approved by the Director of Finance and approved for submission by the
Mayor, wherein it is recommended that the Council authorize increases in
existing wastewater disposal charges, the Council does hereby refer this
item to the Water, Sewer and Waste Committee for its report and
recommendation.
A roll call vote was taken on the foregoing resolution with the following result:
AYES Pastor, Duggan, Brosnan, Walsh, Vandersloot, and l.r,gebretson.
NAYS Laura.
The President declared the resolution adopted.
A communication from the Department of Law, dated May 13, 1998, re a
proposed ordinance amendment of Section 13 20 120 of the Livonia Code of
Ordinances pertaining to sewage disposal rates was received and placed on file for the
information of the Council
A communication from the Public Service Division, dated May 19, 1998,
re: additional information on the request to increase the sewage consumption rate was
received and placed on file for the information of the Council
From the audience, Ralph Williams, 18630 Foch, asked that this matter be referred to a
committee so citizen input could be obtained.
On a motion by Walsh, seconded by Duggan, and unanimous;v adopted,
it was
#410-98 RESOLVED, that having considered the report and
recommendation of the Director of Public Works and the City Engineer,
dated April 30, 1998, which bears the signature of the Director of Finance,
is approved by the Director of Community Resources, and is approved for
submission by the Mayor, the Council does hereby accept the unit price
bid of La Rocca, Inc., 34677 Navin, Livonia, Michigan 48152, for
completing all work fequired in connection with the 1998 Sidewalk
Program (Contract 98-C) for the estimated total cost of$210,661.20
based upon the Engineering Division's estimate of units involved, and
subject to a final payment based upon the actual units completed in
30991
accordance with the unit prices accepted herein, FURTHER, the Council
does hereby authorize an advance in the amount of $175,386 20 for this
purpose 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 amount of
$32,700 00 from the Michigan Transportation Fund ($17,600 00 from the
Local Road Account and $15,100 00 from the Major Road Account) to pay
for the City's portion of this contract; FURTHER, the Council does further
authorize t,ie expenditure of the amount of$2,575 00 from funds
previously budgeted in Account No 101-737-931-220 (Greenmead
Maintenance) to pay for sidewalk installation at Greenmead as part of this
project; 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.
On a motion by Duggan, seconded by Laura, it was
RESOLVED, that having considered a communication from
the City Planning Commission, dated April 27, 1998, which transmits its
resolution 4-59-98 adopted on April 21, 1998, requesting approval of the
Entrance Marker Application and Landscape Plan in connection with
Petition 98-2-8-5, submitted by the Parz Group, Inc., in connection with
the Parkview Condominium Development on property located at 37931
Plymouth Road in the Southwest 1/ 4 of Section 30, the Council does
hereby concur in the recommendation of the Planning Commission, and
the Entrance Marker Application and Landscape Plan in connection with
Petition 98-2-8-5 is hereby approved and granted, subject to the following
conditions.
1) That. ne Landscape Plan prepared by Calvin Hall &Associates, as
received by the Planning Commission on March 24, 1998, is
hereby approved and shall be adhered to,
2) That all disturbed lawn areas shall be sodded in lieu of
hydroseeding,
3) That underground sprinklers are to be provided for all landscaped
and sodded areas and all planted materials shall be installed to the
satisfaction of the Inspection Department and thereafter
permanently maintained in a healthy condition,
4) That the decorative picket fencing as shown on the approved plan
shall not exceed three (3) feet in height;
30992
5) That the Entrance Marker shown on the approved Landscape Plan
is not approved,
Cin 6) That the Entrance Marker as received by the Planning Commission
on March 31, 1998, is hereby approved and shall be adhered to,
except for the fact that the support post of the sign shall be
constructed out of brick; and
7) That the brick used in the construction of the Entrance Marker shall
be full face four (4") inch brick, no exceptions
Councilmembers Duggan and Laura withdrew their motions on the foregoing resolution.
On a motion by Laura, seconded by Brosnan. it was:
RESOLVED, that the Council does hereby amend the
Orders of the Day
Councilmembers Laura and Brosnan withdrew their motions on the foregoing
resolution
On a motion by Duggan, seconded by Laura, and unanimously adopted, it
was.
#411-98 RESOLVED, that having considered a communication from
the City Planning Commission, dated April 27, 1998, which transmits its
resolution 4-59-98 adopted on April 21, 1998, requesting approval of the
Entrance Marker Application and Landscape Plan in connection with
Petition 98-2-8-5, submitted by the Parz Group, Inc., in connection with
the Parkview Condominium Development on property located at 37931
Plymouth Road in the Southwest 1/4 of Section 30, the Council does
hereby determine to table this matter until the next Regular Meeting,
scheduled for June 10, 1998
On a motion by Walsh, seconded by Vandersloot, and unanimously
adopted, it was
#412-98 RESOLVED, that having considered a communication from
the City Planning Commission, dated April 24, 1998, which transmits its
resolution 4-56-98 adopted on April 21, 1998, with regard to Petition 98-3-
8-8 submitted by Oakwood Health Services, requesting site plan approval
in connection with a proposal to construct a medical office building on
property located at 37760 Seven Mile Road in the Southwest 1/4 of
Section 6, pursuant to the provisions set forth in Section 18 47 of
Ordinance No 543, as amended, the Council does hereby concur in the
30993
recommendation of the Planning Commission and Petition 98-3-8-8 is
hereby approved and granted, subject to the following conditions
1 That the Site Plan marked Sheet C-3 prepared by Marshall Erdman
& Associates, as received by the Planning Commission on March
25, 1998, is hereby approved and shall be adhered to,
2. That the brick used in the construction of the office building shall
be full face four (4") inch brick, no exceptions,
3 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,
4 That the Landscape Plan marked Sheet C-4 prepared by Marshall
Erdman & Associates, as received by the Planning Commission on
March 25, 1998, is hereby approved and shall be adhered to;
5 That all disturbed lawn areas shall be sodded in lieu of
hydroseeding;
6 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,
7 That the Exterior Building Elevation Plans marked Sheet A4 & A5
prepared by Marshall Erdman &Associates, as received by the
Planning Commission on March 25, 1998, are hereby approved
and shall be adhered to,
8 That this approval does not authorize consent of any signage
shown on the plans,
9 That the petitioner shall meet to the satisfaction of the Engineering
Division the following requirements as outlined in the
correspondence dated March 26, 1998
that the proposed approach onto Seven Mile Road shall be
approved by Wayne County;
that the deceleration lane on Seven Mile Road shall be
extended to meet the existing deceleration lane to Victor
Parkway; and
10 That all other recommendations from City Departments shall be
adhered to
30994
A communication from Marshall Erdman & Associates, dated May 13,
1998, re additional information with respect to Petition 98-3-8-8 was received and
tor
placed on file for the information of the Council
On a motion by Pastor, seconded by Brosnan, it was
#413-98 RESOLVED, that having considered a communication from
the City Planning Commission, dated April 24, 1998, which transmits its
resolution 4-57-98 adopted on April 21, 1998, with regard to Petition 98-3-
8-9 submitted by CSM Corporation, on behalf of Towne Place Suites,
requesting site plan approval in connection with a proposal to construct a
hotel on property located at 17450 Fox Drive in the Southwest 1/4 of
Section 7, pursuant to the provisions set forth in Section 18 47 of
Ordinance No 543, as amended, the Council does hereby refer this
matter to the Committee of the Whole for its report and recommendation
A roll call vote was taken on the foregoing resolution with the following result:
AYES Pastor, Duggan, Laura, and Brosnan.
NAYS Walsh, Vandersloot, and Engebretson
The President declared the resolution adopted
A May 14, 1998, article from The Wall Street Journal, re hotel occupancy
rates 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
#414-98 RESOLVED, that having considered a communication from
the City Planning Commission, dated April 27, 1998, which transmits its
resolution 4-58-98 adopted on April 21, 1998, with regard to Petition 98-3-
8-11 submitted by L.W P , LLC, on behalf of Brookfield Apartments,
requesting site plan approval in connection with a proposal to construct
an apartment building on property located at 14990 Brookfield Avenue in
the Northwest 1/4 of Section 22, 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 98-3-8-11 is hereby approved and granted, subject to the
following conditions
30995
1 That the Site Plan marked Sheet S-1 prepared by Kevin D Hart, as
received by the Planning Commission on March 23, 1998, is
hereby approved and shall be adhered to,
2 That the brick used in the construction of the apartment building
shall be full face four (4") inch brick, no exceptions,
3 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 clo sed at all times,
4 That the Lardscape Plan marked Sheet L-1 preparea by Kevin D
Hart, as received by the Planning Commission on April 9, 1998, is
hereby approved and shall be adhered to;
5 That all disturbed lawn areas shall be sodded in lieu of
hydroseeding;
6 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,
7 That the Exterior Building Elevation Plan marked Sheet P-1
prepared by Kevin D Hart, as received by the Planning
Commission on March 23, 1998, is hereby approved and shall be
adhered to, and
8. That lawn edging to separate shrub beds from the lawn area shall
be provided.
The architect for the above, Kevin D Hart, 700 E Maple, Birmingham, addressed the
foregoing and stated the rental target market will be $700 per month.
From the audience, Tim Jacobs inquired as to what action was taken in Agenda Item
#27
On a motion by Brosnan, seconded by Pastor, and unanimously adopted,
it was:
#415-98 RESOLVED, that having considered a communication from
the Department of Law, dated May 11, 1998, with regard to a proposed
modification of the Site Plan submitted in connection with Petition 97-2-2-
4, submitted by Stuart Frankel do Newburgh Plaza, requesting approval
to modify the Elevation Plan that received approval with this petition for
the property located on the south side of Six Mile Road between
30996
Newburgh Road and Fitzgerald Avenue in the Northwest 1/4 of Section
17, the Council does hereby determine to take no further action on this
request.
A fax communication from Stuart Frankel, dated May 18, 1998, re brick
to be used for the Newburgh Plaza renovation, Petition 97-2-2-4, as well as brick on
various projects in other communities, was received and placed on file for the
information of the Counc l
A communication from the Inspection Department, dated May 13, 1998,
re: a comparison of conventional brick, thin brick and Dryvit EIFS was received and
placed on file for the information of the Council (Petition 97-2-2-4)
On a motion by Brosnan, seconded by Pastor, and unanimously adopted,
it was.
#416-98 WHEREAS, the City Council has received an application
(revised) for the transfer of an Industrial Facilities Exemption Certificate to
Webasto Sunroofs, Inc. from Garrett Tool & Engineering covering
industrial facilities located within the City of Livonia Industrial
Development District No 58, and
WHEREAS, the Council did previously in Council Resolution 874-95
adopted on December 4, 1995, approve an Industrial Facilities Exemption
Certificate for Garrett,Tool & Engineering for a period of 12 years, and
NOW, THEREFORE, BE IT RESOLVED by the City of Livonia as follows.
(1) That :he City Council, on the basis of the information received from
the adplicant, Webasto Sunroofs, Inc., finds and determines
(a) That the approval of the transfer of this Industrial Facilities
Exemption Certificate shall not have the effect of
substantially impeding the operation of the local
governmental unit or impairing the financial soundness of
any taxing unit which levies an ad valorem property tax in
the local governmental unit in which the facility is to be
located; and
(b) The applicant has fully complied with the requirements of
Section 9, Act No 198, PA 1974, as amended
30997
(2) That the City Council hereby approves the above transfer of
Industrial Facilities Exemption Certificate from Garrett Tool &
Engineering covering industrial facilities to be located within the
City of Livonia Industrial Developmer District No 58
(3) Council Resolution 874-95, adopted on December 4, 1995, is
hereby amended and revised to the extent necessary to be
consistent with the action taken herein
Minutes of the 137th Special Meeting of the Economic Development
Corporation, held April 15, 1998, re approving a Resolul lc n of Inducement for
Webasto Sunroofs, Inc. for the acquisition, renovation and equipping of a building
formerly owned by Garrett Tool Corp at 36930 Industrial Drive, was received and
placed on file for the information of the Council
On a motion by Duggan, seconded by Brosnan, it was
#417-98 RESOLVED, that having considered a communication from
the City Planning Commission, dated March 6, 1998, which sets forth its
resolution 2-26-98 adopted on February 24, 1998, with regard to Petition
98-1-2-1 submitted by Angelo Mauti requesting waiver use approval to
construct and operate a six (6) bay coin-operated self-serve car wash on
property located on the north side of Plymouth Road between Haller
Avenue and Camden Road in the Southwest 1/4 of Section 25, which
property is zoned C-2, and the Council having conducted a public hearing
with regard to this matter on Monday, May 4, 1998, pursuant to Council
Resolution 222-98, the Council does hereby concur in the
recommendation of the City Planning Commission and said Petition 98-1-
2-1 is hereby denied, for the following reasons.
1 That the petitioner has failed to affirm-lively show that the
proposed use is in compliance with a;' of the general waiver use
standards and requirements as set forth in Section 19 06 of Zoning
Ordinance #543,
2 That the proposed use is detrimental and incompatible with the
surrounding uses in the area,
3 That there is no demonstrated need for a car wash at the subject
location, and
4 That the nature of the proposed use is such that it will not enhance
the image and character of the commercial development along
Plymouth Road in this area
30998
A roll call vote was taken on the foregoing resolution with the following result:
AYES Pastor, Duggan, Brosnan, Walsh, Vandersloot, and Engebretson.
NAYS Laura.
The President declared the resolution adopted.
A communication from the Planning Department, dated May 8, 1998, re:
forward r g a survey of car wash facilities and drug stores and pharmacies located
within the City was received and placed on file for the information of the Council
(Petition 98-1-2-1)
On a motion by Walsh, seconded by Vandersloot, and unanimously
adopted, it was:
#418-98 RESOLVED, that having considered a communication from
the Department of Law, dated May 7, 1998, approved for submission by
the Mayor, transmitting for Council acceptance a Grant of Easement,
more particularly described as.
Grant of Easement dated April 14, 1998, executed by Sam Shamie
of SIJL Development Co , to the City of Livonia, for
Sanitary Sewer Easement
The centerline of a 10 foot wide sanitary sewer easement is being
described as.
Part of the N E. 1/4 of Section 27, T 1 S , R. 9 E., City of Livonia,
Wayne County, Michigan, more particularly described as beginning
at the center 1/4 corner of Section 27, T 1 S , R. 9 E , and
proceeding thence along the North-South 1/4 line of Section 27,
also being the centerline of Hubbard Avenue (86 00 feet wide), N
02°23'29" W , 1333 56 feet; thence N 88°11'42" E , 343 00 feet;
thence N 02°04'47" W , 309 50 feet; thence N 88°11'42" E.,
164 00 feet to the point of beginning, thence S 02°04'47" E , 20 00
feet to the point of ending.
the Council does hereby, for and in behalf of the City of Livonia, accept
the aforesaid Grant of Easement and the City Clerk is hereby requested
to have the same recorded in the Office of the Register of Deeds and to
30999
do all other things necessary or incidental to fulfill the purpose of this
resolution
On a motion by Brosnan, se.:onded by Walsh, it was
#419-98 RESOLVED, that having considered a communication from
the Department of Law, dated May 1, 1998, approved for submission by
the Mayor, the Council does hereby, by a two-thirds roll call vote in
accordance with Section 7(1) of the Open Meetings Act, direct that a
closed Committee of the Whole meeting be held Tuesday, May 26, 1998,
at 6 30 p m. for the purpose.: of discussing litigation matters and
attorney/client privileged aft imunications in connection with pending
litigation.
A roll call vote was taken on the foregoing resolution with the following result:
AYES Pastor, Duggan, Laura, Brosnan, Walsh, Vandersloot, and
Engebretson.
NAYS None.
The President declared the resolution adopted.
No one wished to speak during audience communication
Councilmember Brosnan wished her parents a "Happy 36th Anniversary,"
and thanked them for their loving examples.
On a motion by Duggan, seconded by Brosnan, and unanimously
adopted, this 1,369th Regular Meeting of the Council of the City of Livonia was
adjourned at 9.32 p m., May 20, 1998.
✓� r Lir*- ' "�-
Joia McCotter, City Clerk
€