HomeMy WebLinkAboutCOUNCIL MINUTES 1997-11-19 30581
MINUTES OF THE ONE THOUSAND THREE HUNDRED AND FIFTY-SEVENTH
REGULAR MEETING OF THE COUNCIL OF THE CITY OF LIVONIA
On November 19, 1997, 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 8:04 p m. Council Vice President Brosnan delivered the invocation.
Roll was called with the following result: Maureen Miller Brosnan, Val
Vandersloot, Michael P McGee, Gerald Taylor, Brian Duggan, Fernon P Feenstra,
and Joe Laura. Absent: None
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, Ronald J Engle, Fire Chief; and David Woodcox,
Sr Building Inspector
On a motion by Duggan, seconded by Vandersloot, and unanimously
adopted, it was
#938-97 RESOLVED, that the minutes of the 1,356th Regular
Meeting of the Council of the City of Livonia, held November 5, 1997, are
hereby approved as submitted.
The Council President recognized Boy Scout Troop 1382 and Scout
Leader John Lajza from Marshall Elementary School as being present in the audience.
Council Vice President Brosnan read and presented a commendation
from the Offices of the Mayor and City Council to Bill Williams, congratulating him on
his completion of the 1997 lronman Triathlon World Championship and extending to
him and his family best wishes for the future. She also announced the Livonia Family
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YMCA Invest-in-Youth Auction scheduled for Friday, November 21, 1997, at 5 30 p m.
at Burton Manor, and stated tickets were still available.
Councilmember Feenstra announced that the 15th Annual Christmas Day
Parade will be held on Saturday, November 22, 1997, and is scheduled to begin at 9.00
a.m. at Six Mile and Middlebelt Roads
Additionally, Councilmember Taylor congratulated Karen (Director of
Legislative Affairs) and Ron Szymula on their 20th wedding anniversary
No one from the audience spoke at this time.
A communication from the Engineering Division, dated November 17,
1997, re update on the status of the Edgewood Sanitary Sewer Project was received
and placed on file for the information of the Council
On a motion by Taylor, seconded by McGee, and unanimously adopted, it
was:
#939-97 RESOLVED, that having considered a communication from
the Department of Law, dated November 6, 1997, approved for
submission by the Mayor, and the report and recommendation of the
Committee of the Whole, dated July 1, 1996, submitted pursuant to
Council Resolution 924-95, and a communication from the City Planning
Commission, dated August 3, 1996, which sets forth its resolution 8-141-
95, adopted on August 1, 1995, with regard to Petition 94-8-1-18,
submitted by Haggerty Road Investments, for a change of zoning of
property located on the east side of Haggerty Road, north of Seven Mile
Road in the Southwest 1/4 of Section 6, from OS to C-2, and the Council
having conducted a public hearing with regard to this matter on October
18, 1995, pursuant to Council Resolution 562-95, the Council does
hereby reject the recommendation of the Planning Commission and
Petition 94-8-1-18 is hereby denied for the following reasons
1 That the proposed change of zoning is not needed to continue the
use of the subject property; and
2. That additional C-2 zoning is not needed in this area of the City
David Einstanding, attorney for Haggerty Road Investments, spoke in favor of the
foregoing rezoning request.
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At the direction of the Chair, Item #10 was removed from the Consent
portion of the Agenda.
On a motion by Taylor, seconded by Brosnan, and unanimously adopted,
it was:
#940-97 RESOLVED, that the Council does hereby amend the
Orders of the Day to add an X-item to the agenda, making it Item #32.
On a motion by Feenstra, seconded by Vandersloot, and unanimously
adopted, it was.
#941-97 RESOLVED, that the Council does hereby amend the
Orders of the Day to add an X-item to the agenda, making it Item#33
On a motion by Taylor, seconded by Feenstra, it was.
#942-97 RESOLVED, that the Council does hereby amend the
Orders of the Day to add an X-item to the agenda, making it Item #34
A roll call vote was taken on the motion to amend the Orders of the Day with the
following result:
AYES Brosnan, Vandersloot, McGee, Taylor, Duggan, and Feenstra.
NAYS* Laura
The President declared the resolution adopted.
On a motion by Duggan, seconded by Taylor, it was:
#943-97 RESOLVED, that having considered a request from Deirdre
Keating of Daniel Brian &Associates, dated October 27, 1997, requesting
permission to post 32" x 96" banners on street lights/lamp posts at 14 specific
locations surrounding the Henry Ford Medical Center on Middlebelt between
1-96 and Bentley Road and northbound Schoolcraft, just east of Middlebelt,
the Council does hereby determine to deny this request.
#944-97 RESOLVED, that having considered a communication from
the Chairman of the Water and Sewer Board, dated November 3, 1997,
which bears the signature of the Director of Finance and is approved for
submission by the Mayor, and which transmits resolution WS 3200 9/97
of the Water and Sewer Board, wherein the Board concurs in the
recommendation made by the Public Utility Manager in a letter dated
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September 15, 1997, attached thereto, the Council does hereby
authorize payment to be made in the amount of$16,949 97 to Sunset
Excavating, 12641 Stark Road, Livonia, Michigan 48150, for emergency
repair to the Merriman Road sanitary sewer, the same to be expended
from funds already budgeted for this purpose in the Water and Sewer
Contractual Services Account; FURTHER, the Council does hereby
authorize such action without competitive bidding for the reasons
indicated in the aforesaid communication, and such action is taken in
accordance Section 3 04 140D1 of the Livonia Code of Ordinances, as
amended.
#945-97 RESOLVED, that having considered the report and
recommendation of the Chief of Police, dated October 21, 1997, which
bears the signature of the Director of Finance and is approved for
submission by the Mayor, the Council does hereby accept the bid of
Clover Communication, Inc., 41290 Vincenti Court, Novi, Michigan 48375,
for completing all work required in connection with the installation of a
Video Arraignment System between the Livonia Police Station and the
16th District Court for the sum of $24,200 00, the same having been in
fact the lowest and only bid received and meets specifications;
FURTHER, the Council does hereby authorize a budget adjustment
transferring the amount of$24,200 00 from the Unexpended Fund
Balance of Cable Fund 297 to Account No 297-751-976-026 Police
Capital Improvements, and does hereby appropriate and authorize the
expenditure of such sum from Account No 297-751-976-026 for this
purpose, and the Chief of Police 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.
#946-97 RESOLVED, that having considered two letters from the
Michigan Liquor Control Commission, dated July 8, 1997, and the report
and recommendation of the Acting Chief of Police, dated October 23,
1997, approved for submission by the Mayor, the Council does hereby
approve of the request from V C Inc. for transfer of ownership of a 1996
SDD - SDM license, with Sunday Sales Permit, (in escrow) from Howard's
Drugs, Inc. and for transfer of location from 27416 W Six Mile, Livonia,
Michigan 48152, Wayne County, to be held in conjunction with existing
1997 SDM licensed business for a business located at 27428 Six Mile
Road, Livonia, Michigan 48152, Wayne County; FURTHER, the Council
does hereby additionally approve of the request from Jalal & Waad, Inc.
for transfer of ownership of 1996 SDD license only, with Sunday Sales
Permit (in escrow) from V C Inc. and for transfer of location from 27428
Six Mile, Livonia, Michigan 48152, Wayne County, to be held in
conjunction with existing 1997 SDM licensed business for a business
located at 27455 W Six Mile Road, Livonia, Michigan 48152, Wayne
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County; and the City Clerk is hereby requested to forward a certified copy
of this resolution to the Michigan Liquor Control Commission
#947-97 RESOLVED, that having considered a communication from
the Department of Law, dated November 3, 1997, which bears the
signature of the Director of Finance and is approved for submission by
the Mayor, submitted in connection with Council Resolutions 517-97 and
883-97, regarding the purchase of property located at 36730 Seven Mile
Road, owned by Raymond Kryda, and posting of the property adjacent to
Glenda's Farm Market for sale and taking of bids therefor, the Council
does hereby refer this matter to the Committee of the Whole for its report
and recommendation.
#948-97 RESOLVED, that having considered a communication from
the City Clerk, dated November 5, 1997, which indicates that the
proprietor of Castle Woods Subdivision, situated on the south side of
Lyndon Avenue, between Newburgh Road and Stonehouse Avenue, in
the Southeast 1/4 of Section 19, has delivered final true plats to the City
Clerk and requested that said plat be presented to Council for final
approval, and the Council having received a communication from the City
Planning Commission, dated November 3, 1997, wherein said
Commission approves the final plat for the said subdivision in its
resolution 10-182-97, adopted on October 28, 1997, and the Council
having considered a report from the City Engineer, dated October 28,
1997, recommending approval of the final plat of said subdivision, the
preliminary plat of which was approved by the Council in its resolution 54-
97, adopted on January 29, 1997, said preliminary plat having been
recommended for approval by the City Planning Commission on August
13, 1996, in its resolution 8-150-96, NOW, THEREFORE, the Council
does hereby determine to grant its approval to the final plat of Castle
Woods Subdivision, located on the south side of Lyndon Avenue,
between Newburgh Road and Stonehouse Avenue, in the Southeast 1/4
of Section 19, 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.
#949-97 RESOLVED, that having considered a communication from
the City Planning Commission, dated October 29, 1997, which transmits
its resolution 10-188-97 adopted on October 28, 1997, with regard to a
revision to Petition 96-10-2-28, submitted by Paul DePalma, requesting
waiver use approval to construct detached condominiums (to be known as
Rosedale Gardens Estates Condominiums) on property located on the
west side of Hubbard Road, north of West Chicago, in the Northwest 1/4
of Section 34, the Council does hereby concur in the recommendation of
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the Planning Commission and the revision to Petition 96-10-2-28 is
hereby approved and granted subject to the following conditions.
1 That the Site Plan and Master Deed complies with the
requirements of the Subdivision Control Ordinance, Title 16,
Chapters 16 04-16 40 of the Livonia Code of Ordinances, and
Article XX of Ordinance No 543, Sections 20 01-20 06 of that
ordinance, and
2. That the site condominium plan conforms to design, layout and
improvement standards as provided in the City of Livonia
Subdivision Control Ordinance
#950-97 RESOLVED, that having considered the report and
recommendation of the Director of Community Resources, dated August
28, 1997, approved by the City Attorney and the Director of Finance, and
approved for submission by the Mayor, and to which is attached a
Specialized Services/User-Side Subsidy Transportation Agreement to
Provide Lift-Equipped Service for Non-Transferable Disabled Persons in
Northwest Wayne County, Farmington and Farmington Hills, between the
City of Livonia and Northwest Transport Co , 31376 Industrial Road,
Livonia, Michigan 48150, for the period October 1, 1997, through
September 30, 1998, the Council does hereby authorize the Mayor and
City Clerk, for and on behalf of the City of Livonia, to execute the said
agreement as well as to execute an agreement with SMART for support of
this Specialized Services (Lift-Equipped) Transportation Program,
provided that the agreement is approved as to form by the Department of
Law
#951-97 RESOLVED, that having considered a communication from
Councilmember Val Vandersloot, dated October 25, 1997, regarding the
subject of the City of Livonia becoming a "Tree City USA", the Council does
hereby refer this matter to the Streets, Roads and Plats Committee for its
report and recommendation
#952-97 RESOLVED, that having considered the report and
recommendation of the City Engineer, dated October 29, 1997, which
bears the signature of the Director of Finance, is approved by the Director
of Public Works and the Chairman of the Water and Sewer Board, and is
approved for submission by the Mayor, the Council does hereby accept
the unit price bid of Sunset Excavating, Inc., 12641 Stark Road, Livonia,
Michigan 48150, for completing all work required in connection with the
Laurel Avenue Street Improvement Project (Contract 97-F), and the
installation of a sanitary sewer and water main as part of this project, for
the estimated total cost of $361,076 80 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
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the lowest bid received for this item, FURTHER, the Council does hereby
authorize an advance in the amount of$82,385 40 for the Laurel road
paving from the General Obligation Road Improvement Bond Issue with
the provision that (1) the Bond Issue be reimbursed from that portion of
the project which is to be financed by special assessment at such time as
funds are available from the future special assessment bond issue, and
(2) the Bond Issue be reimbursed for the City's portion of the project at
such time as funds may be available from the Michigan Transportation
Fund (Local Road Account), FURTHER, the Council does hereby
appropriate and authorize the expenditure of a sum not to exceed
$36,063 60 from the Michigan Transportation Fund (Local Road Account)
to pay for the City's portion of the work; FURTHER, the Council does
hereby authorize an expenditure in the amount of $242,627 80 from funds
already budgeted in the $5 Million Bond Issue, Account No 592---158-
031 for the installation of the sanitary sewer and water main 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.
#953-97 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,
January 12, 1998, at 8.00 p m at the City Hall, 33000 Civic Center Drive,
Livonia, Michigan, with respect to the following items.
(1) Petition 97-9-1-15, submitted by Butterfly Center for a
change of zoning of property located on the south side of
Five Mile between Cavell and Santa Anita in the Northeast
1/4 of Section 4, from R-1A to OS, the City Planning
Commission in its resolution 10-176-97 having
recommended to the City Council that Petition 97-9-1-15 be
denied; and
(2) Petition 97-9-1-16, submitted by Teamsters Local Union
#243 for a change of zoning of property located on the north
side of Five Mile between Foch and Greenland in the
Southeast 1/4 of Section 13, from R-1 to OS and P, the City
Planning Commission in its resolution 10-177-97 having
recommended to the City Council that Petition 97-9-1-16 be
denied;
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
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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 other things necessary or incidental to the full
performance of this resolution.
#954-97 RESOLVED, that the Council having adopted resolution
246-97 at its regular meeting held on March 26, 1997, requiring the City
Engineer to ascertain the assessed valuation of all property affected by
the proposed reconstruction of Hubbard Road, Cranston, Blackburn,
Ingram, Berwick, Auburndale, Melrose and Arden Avenues between
Plymouth Road and West Chicago, as well as Elmira and Orangelawn
Avenues between Hubbard and Merriman Roads, in the Old Rosedale
Gardens Subdivision in the Northeast 1/4 of Section 34, T 1 5 , R. 9 E ,
City of Livonia, Wayne County, Michigan, the number of parcels which
show tax delinquencies, the number of parcels owned by public
authorities, the number of parcels which are vacant, and having prepared
and caused to be prepared plans and specifications therefor and an
estimate for the cost thereof, and to file the same with the City Clerk
together with his recommendation as to what proportion of the cost should
be paid by special assessment and what part, if any, should be a general
obligation of the City, the number of installments in which assessments
may be paid and the lands which should be included in the proposed
special assessment district, and it appearing to the Council that all of
such information, estimate, plans, specifications and recommendations
have been properly filed by the City Engineer with the City Clerk under
date of September 25, 1997, and that there has been a full compliance
with all of the provisions of Section 3.08.060 of the Livonia Code of
Ordinances, as amended, the Council does hereby set Monday, January
12, 1998, at 8 00 p m. as the date and time for a public hearing on the
necessity for such proposed improvement, which public hearing shall be
held before the Council in the Livonia City Hall, 33000 Civic Center Drive,
Livonia, Michigan, pursuant to Section 3 08 070 of said Livonia Code of
Ordinances, as amended, and the City Clerk is hereby authorized to give
notice and publication of such hearing as is required by Section 3 08 070
of said Code
A roll call vote was taken on the foregoing resolutions with the following result:
AYES Brosnan, Vandersloot, McGee, Taylor, Duggan, Feenstra, and
Laura.
NAYS None
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On a motion by McGee, seconded by Brosnan, and unanimously adopted,
it was
#955-97 RESOLVED, that having considered the report and
recommendation of the City Engineer, dated November 3, 1997, which
bears the signature of the Director of Finance, is approved by the
Director of Public Works and the City Attorney, and is approved for
submission by the Mayor, the Council does hereby approve the proposal
from Hubbell, Roth & Clark, Inc., 555 Hulet Drive, Bloomfield Hills,
Michigan 48303-0824 for completing all work required in connection with
the design services for the resurfacing of Middlebelt Road between Joy
and Plymouth Roads and Middlebelt Road between 1-96 and Five Mile
Road, in the amount of$78,000 00, subject to the review and approval of
the City Attorney; FURTHER, the Council does hereby approve the
proposal from Spalding, DeDecker &Associates, Inc., 905 South
Boulevard East, Rochester Hills, Michigan 48307-5358, for completing
all work required in connection with the design services for the
resurfacing of Farmington Road between Five and Six Mile Roads, the
reconstruction of the existing bridge at that location, and the resurfacing
of Five Mile Road between Merriman and Middlebelt Roads in the
amount of$88,001 00, subject to the review and approval of the City
Attorney; FURTHER, the Council does hereby appropriate and authorize
the expenditure of a sum not to exceed $166,001 00 from the General
Obligation Road Bond Issue Fund 486 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 companies and to do all other things
necessary or incidental to the full performance of this resolution,
FURTHER, the Council does hereby authorize such action without
competitive bidding for the reasons indicated in a previous
communication dated October 9, 1997, and such action is taken in
accordance with the provisions set forth in Section 3 04 140D2 and D4 of
the Livonia Code of Ordinances, as amended
On a motion by Brosnan, seconded by Vandersloot, it was
#956-97 RESOLVED, that the Council does hereby determine to
postpone consideration of Petition 97-6-8-17 by Wal-Mart Stores, Inc.,
requesting approval to revise the building elevations and landscaping of
the commercial building located at 13507 Middlebelt Road in the
Northeast 1/4 of Section 26 to the Regular Meeting of Monday, December
8, 1997
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A roll call vote was taken on the foregoing resolution with the following result:
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AYES Brosnan, Vandersloot, McGee, Taylor, Duggan, and Laura
NAYS Feenstra.
The President declared the resolution adopted
On a motion by Feenstra, seconded by Brosnan, it was
RESOLVED, that having considered the report and
recommendation of the Legislative Committee, dated November 12, 1997,
submitted pursuant to Council Resolutions 1164-96 and 1167-96, and
also submitted pursuant to Council Resolutions 550-97 and 740-97,
concerning the subject of nonconforming uses of property and a
determination as to whether or not these are considered valid
nonconforming uses and the possibility of additional controls of illegal
unlicensed uses, the Council does hereby adopt the following Resolution
of Understanding.
It is uncontroverted that three R.0 F properties, namely; George's
Livonia Gardens of 31405 Seven Mile Road; Glenda's Market of
36500 Seven Mile Road, and Valley Nursery of 20315 Merriman
Road have used said property in an illegal manner for the past
forty years
It is uncontroverted that the City did not pursue the illegal activity in
eliminating the operation, only refused to issue a license to
operate
Great harm has come to the legal operators of florist shops, fruit
and vegetable markets, nursery and garden centers, food markets
and bedding plant sales where these residential parcels are
allowed to compete as licensed commercial establishments.
To level the commercial and business playing field, somewhat, the
City will use its zoning and enforcement powers to regulate the
illegal uses and not be dissuaded from acting in the best interests
of its citizens and its business and commercial citizen by resolving
that:
1 Owner-operator resides in the R.0 F home as his/her
principal residence in conformance with State of Michigan
Homestead requirements
2 Home on R.0 F property has the required landscaping
maintained in a healthy condition
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3 Outbuildings and temporary structures shall be inspected
annually for compliance with heating and lighting building
codes
4 Operators permitted from May 1 to November 1
5 Non-processed food for human consumption or plants and
produce raised on the aforementioned property only for
sale
6 Annual seasonal registration
7 One 32 square feet non-illuminated sign at the commercial
height and setback only allowed.
8. Hours of operation from 8 00 a.m. to 8 00 p m.
9 Required roads rights-of-way have been sold to the City of
Livonia for road widening.
Patricia Smith of Brashear, Tangora and Spence, attorney representing George's
Livonia Gardens, requested either a resolution of "No Further Action" or a resolution
referring this matter to the Committee of the Whole
Taylor requested that the Chair call the question to end debate
A roll call vote was then taken on the resolution by Feenstra, seconded by Brosnan, as
follows.
#957-97 RESOLVED, that having considered the report and
recommendation of the Legislative Committee, dated November 12, 1997,
submitted pursuant to Council Resolutions 1164-96 and 1167-96, and
also submitted pursuant to Council Resolutions 550-97 and 740-97,
concerning the subject of nonconforming uses of property and a
determination as to whether or not these are considered valid
nonconforming uses and the possibility of additional controls of illegal
unlicensed uses, the Council does hereby adopt the following Resolution
of Understanding
It is uncontroverted that three R.0 F properties, namely; George's
Livonia Gardens of 31405 Seven Mile Road, Glenda's Market of
36500 Seven Mile Road, and Valley Nursery of 20315 Merriman
Road have used said property in an illegal manner for the past
forty years
It is uncontroverted that the City did not pursue the illegal activity in
eliminating the operation, only refused to issue a license to
operate
30592
Great harm has come to the legal operators of florist shops, fruit
and vegetable markets, nursery and garden centers, food markets
and bedding plant sales where these residential parcels are
allowed to compete as licensed commercial establishments
To level the commercial and business playing field, somewhat, the
City will use its zoning and enforcement powers to regulate the
illegal uses and not be dissuaded from acting in the best interests
of its citizens and its business and commercial citizen by resolving
that:
1 Owner-operator resides in the R.0 F home as his/her
principal residence in conformance with State of Michigan
Homestead requirements.
2. Home on R.0 F property has the required landscaping
maintained in a healthy condition.
3. Outbuildings and temporary structures shall be inspected
annually for compliance with heating and lighting building
codes
4 Operators permitted from May 1 to November 1
5 Non-processed food for human consumption or plants and
produce raised on the aforementioned property only for
sale
6 Annual seasonal registration.
7 One 32 square feet non-illuminated sign at the commercial
height and setback only allowed.
8 Hours of operation from 8 00 a.m to 8 00 p m
9 Required roads rights-of-way have been sold to the City of
Livonia for road widening.
with the following result:
AYES Brosnan, McGee, Taylor, Duggan, and Feenstra.
NAYS Vandersloot and Laura.
The President declared the resolution adopted
30593
Councilmember Duggan stated that it was his impression that the Council had taken a
vote on whether to call the question.
On a motion by Taylor, seconded by McGee, it was.
RESOLVED, that the Council does hereby call the previous
question and end debate
A roll call vote was taken on the motion to call the previous question with the following
result;
AYES Brosnan, Vandersloot, McGee, Taylor, Duggan, Feenstra, and
Laura.
NAYS None
The President declared debate ended
The President stated that the original approving resolution would be re-called.
A roll call vote was retaken on the resolution proposed by Feenstra, seconded by
Brosnan, as follows:
#957-97 RESOLVED, that having considered the report and
recommendation of the Legislative Committee, dated November 12, 1997,
submitted pursuant to Council Resolutions 1164-96 and 1167-96, and
also submitted pursuant to Council Resolutions 550-97 and 740-97,
concerning the subject of nonconforming uses of property and a
determination as to whether or not these are considered valid
nonconforming uses and the possibility of additional controls of illegal
unlicensed uses, the Council does hereby adopt the following Resolution
of Understanding:
It is uncontroverted that three R.0 F properties, namely; George's
Livonia Gardens of 31405 Seven Mile Road, Glenda's Market of
36500 Seven Mile Road, and Valley Nursery of 20315 Merriman
Road have used said property in an illegal manner for the past
forty years.
It is uncontroverted that the City did not pursue the illegal activity in
eliminating the operation, only refused to issue a license to
operate
Great harm has come to the legal operators of florist shops, fruit
and vegetable markets, nursery and garden centers, food markets
and bedding plant sales where these residential parcels are
allowed to compete as licensed commercial establishments.
30594
To level the commercial and business playing field, somewhat, the
City will use its zoning and enforcement powers to regulate the
illegal uses and not be dissuaded from acting in the best interests
of its citizens and its business and commercial citizen by resolving
that:
1 Owner-operator resides in the R.0 F home as his/her
principal residence in conformance with State of Michigan
Homestead requirements.
2. Home on R.0 F property has the required landscaping
maintained in a healthy condition
3 Outbuildings and temporary structures shall be inspected
annually for compliance with heating and lighting building
codes
4 Operators permitted from May 1 to November 1
5 Non-processed food for human consumption or plants and
produce raised on the aforementioned property only for
sale
6 Annual seasonal registration.
7 One 32 square feet non-illuminated sign at the commercial
height and setback only allowed.
8 Hours of operation from 8 00 a.m. to 8 00 p m
9 Required roads rights-of-way have been sold to the City of
Livonia for road widening
with the following result:
AYES Brosnan, McGee, Taylor, and Feenstra.
NAYS Vandersloot, Duggan, and Laura.
The President declared the resolution adopted, with the vote change as noted above
On a motion by Feenstra, seconded by Brosnan, and unanimously
adopted, it was.
#958-97 RESOLVED, that having considered the report and
recommendation of the Legislative Committee, dated November 12, 1997,
submitted pursuant to Council Resolutions 1164-96 and 1167-96, and
30595
also submitted pursuant to Council Resolutions 550-97 and 740-97,
concerning the subject of nonconforming uses of property and a
determination as to whether or not these are considered valid
nonconforming uses and the possibility of additional controls of illegal
unlicensed uses, the Council does hereby refer the matter of right-of-way
acquisitions on Seven Mile Road between Inkster and Farmington Roads
to the Department of Law for its report and recommendation.
On a motion by Feenstra, seconded by Taylor, and unanimously adopted,
it was:
#959-97 RESOLVED, that having considered the report and
recommendation of the Legislative Committee, dated November 12, 1997,
submitted pursuant to Council Resolutions 1164-96 and 1167-96, and
also submitted pursuant to Council Resolutions 550-97 and 740-97,
concerning the subject of nonconforming uses of property and a
determination as to whether or not these are considered valid
nonconforming uses and the possibility of additional controls of illegal
unlicensed uses, the Council does hereby determine that all non-valid
nonconforming uses shall be permitted only if variance approval for same
is granted by the Zoning Board of Appeals.
On a motion by Feenstra, seconded by Brosnan, and unanimously
adopted, it was
#960-97 RESOLVED, that the Council does hereby refer to the
Department of Law and the Inspection Department for report and
recommendation regarding the business located at the southwest corner
of the intersections of Inkster and Grantland Avenue
Feenstra gave first reading to the following Ordinance
AN ORDINANCE ADDING SECTION 115 OF CHAPTER 04
(CITY COUNCIL) OF TITLE 2 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.
On a motion by Feenstra, seconded by Brosnan, and unanimously
adopted, it was.
30596
#961-97 RESOLVED, that having considered the report and
recommendation of the Legislative Committee, dated November 12, 1997,
submitted pursuant to Council Resolution 857-97, and a communication
from the City Attorney and Director of Inspection, dated October 20, 1997,
imp approved for submission by the Mayor, concerning the subject of whether
two (2) or more 2' x 8' political signs on common supports constitutes
excessive political signage, 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 Section 18.50D(n)(1) of the
Zoning Ordinance should be amended to add the provision that only a
maximum 16 square feet of signage may be attached to sign supports,
and thereafter submit a report and recommendation to Council
On a motion by Feenstra, seconded by Brosnan, and unanimously
adopted, it was:
#962-97 RESOLVED, that having considered the report and
recommendation of the Legislative Committee, dated November 12, 1997,
submitted pursuant to Council Resolution 857-97, the Council does
hereby determine to amend and revise Council Resolution 857-97 so as
to have the same read as follows
RESOLVED, that having considered a communication
from the City Attorney and the Director of Inspection, dated
October 20, 1997, submitted pursuant to a request from
Councilmember Fernon P Feenstra, the Council does hereby refer
the subject matter of whether two (2) or more 2' x 8' political signs
on common supports constitutes excessive political signage to the
Legislative Committee for its report and recommendation.
On a motion by Feenstra, seconded by Brosnan, it was
#963-97 RESOLVED, that having considered the report and
recommendation of the Legislative Committee, dated November 12, 1997,
submitted pursuant to Council Resolution 859-97, regarding the issue of
Building Inspectors having the power to write civil infraction citations, the
Council does hereby request that the Department of Law prepare an
appropriate ordinance amendment providing that the Senior Building
Inspector and Chief Building Inspector may write appearance tickets, the
same to thereafter be submitted to Council for its consideration.
A roll call vote was taken on the foregoing resolution with the following result:
AYES Brosnan, Vandersloot, McGee, Duggan, Feenstra, and Laura.
NAYS Taylor
30597
The President declared the resolution adopted
On a motion by Feenstra, seconded by Brosnan, it was.
#964-97 RESOLVED, that having considered the report and
recommendation of the Legislative Committee, dated November 12, 1997,
submitted pursuant to Council Resolution 859-97, regarding the issue of
Building Inspectors having the power to write civil infraction citations, the
Council does hereby refer the question of which ordinance provisions
need to be changed to designate same as civil infractions as opposed to
misdemeanors and which ordinance provisions should remain
misdemeanors to the Department of Law and the Inspection Department
for a report and recommendation.
A roll call vote was taken on the foregoing resolution with the following result:
AYES Brosnan, Vandersloot, McGee, Feenstra, and Laura.
NAYS Taylor and Duggan.
The President declared the resolution adopted.
Duggan took from the table, for second reading and adoption, the
following Ordinance
AN ORDINANCE AMENDING SECTION 32 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 97-6-1-8)
A roll call vote was taken on the foregoing Ordinance with the following result:
AYES Brosnan, Vandersloot, McGee, Taylor, Duggan, Feenstra, and
Laura.
NAYS None
The President declared the foregoing Ordinance duly adopted, and would become
effective on publication.
A communication from the Engineering Division to Mr Joseph Durso,
dated November 6, 1997, re restoration work in Sheffield Estates Subdivision,
30598
adjacent to the Pines of Winfield Subdivision, was received and placed on file for the
information of the Council (CR 478-97)
A communication from the Engineering Division, dated November 7, 1997,
re. restoration work in Sheffield Estates Subdivision was received and placed on file
for the information of the Council (CR 478-97)
A communication from the Engineering Division to Mr Joseph Durso,
dated November 10, 1997, re. final cleanup items at 35368 Banbury, 35892 Banbury
and 18800 Wayne Road in the Sheffield Estates Subdivision was received and placed
on file for the information of the Council (CR 478-97)
A communication from the Engineering Division, dated November 12,
1997, re. status of the Pines of Winfield Subdivision and the restoration work in
Sheffield Estates Subdivision was received and placed on file for the information of the
Council (CR 478-97)
A communication from the Engineering Division, dated November 12,
1997, re status of the Hillcrest Court Development at Five Mile Road and Spanich
Court was received and placed on file for the information of the Council (CR 531-97)
On a motion by Brosnan, seconded by Duggan, and unanimously
adopted, it was
#965-97 RESOLVED, that having considered the report and
recommendation of the Committee of the Whole, dated November 17,
1997, submitted pursuant to Council Resolution 531-97, and
communications from the City Engineer, dated October 28, 1997, and
November 12, 1997, approved for submission by the Mayor, concerning
the subject of the progress of the development at Five Mile Road and
Spanich Court by Sam Baki, the Council does hereby determine to take
no further action with respect to this item, FURTHER, the Council does
hereby direct that status reports on the progress of this development shall
continue to be submitted to Council
30599
On a motion by Brosnan, seconded by Taylor, and unanimously adopted,
it was
#966-97 RESOLVED, that having considered the report and
recommendation of the Committee of the Whole, dated November 17,
1997, submitted pursuant to Council Resolution 692-97, concerning the
subject of the proposed modification of the Consent Judgment entered in
connection with Thomas Guastello v City of Livonia. Wayne County
Circuit Court Case No 95-531075 CE, the Council does hereby
determine to take no further action with respect to this item
Brosnan gave first reading to the following Ordinance.
AN ORDINANCE AMENDING SECTION 32 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 97-7-1-10)
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.
Taylor gave first reading to the following Ordinance
AN ORDINANCE ADDING SECTION 18 34A TO ARTICLE XVIII
OF ORDINANCE NO 543, AS AMENDED, KNOWN AND CITED
AS "THE CITY OF LIVONIA ZONING ORDINANCE"
(Petition 97-5-6-2)
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
Taylor gave first reading to the following Ordinance
AN ORDINANCE AMENDING SECTION 23 05 OF ARTICLE XXIII
OF ORDINANCE NO 543, AS AMENDED, KNOWN AND CITED
AS "THE CITY OF LIVONIA ZONING ORDINANCE"
(Petition 97-7-6-5)
30600
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.
Feenstra gave first reading to the following Ordinance
AN ORDINANCE AMENDING SECTION 040 OF TITLE 13,
CHAPTER 08 (WATER SERVICE RATES AND REVENUES)
AND SUBSECTIONS D AND E OF SECTION 120 OF TITLE 13,
CHAPTER 20 (LIVONIA SEWAGE DISPOSAL SYSTEM) 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
Feenstra took from the table, for second reading and adoption, the
following Ordinance
AN ORDINANCE AMENDING SECTIONS 010 AND 140 OF
TITLE 5, CHAPTER 42 (HOTELS, MOTOR COURTS,
LODGINGHOUSES, ROOMINGHOUSES AND BED AND
BREAKFAST ESTABLISHMENTS) OF THE LIVONIA CODE
OF ORDINANCES, AS AMENDED
A roll call vote was taken on the foregoing Ordinance with the following result:
AYES Brosnan, Vandersloot, McGee, Taylor, Duggan, Feenstra, and
Laura.
NAYS None
The President declared the foregoing Ordinance duly adopted, and would become
effective on publication.
Feenstra took from the table, for second reading and adoption, the
following Ordinance
AN ORDINANCE AMENDING SECTIONS 2.08 AND 2.10 OF
ARTICLE II, SECTION 4 03 OF ARTICLE IV, AND SECTION
10 02 OF ARTICLE X OF ORDINANCE NO 543, AS AMENDED,
30601
KNOWN AND CITED AS "THE CITY OF LIVONIA ZONING
ORDINANCE" (Petition 97-5-6-3)
A roll call vote was taken on the foregoing Ordinance with the following result:
AYES Brosnan, Vandersloot, McGee, Taylor, Duggan, Feenstra, and
Laura.
NAYS None
The President declared the foregoing Ordinance duly adopted, and would become
effective on publication
Brosnan took from the table, for second reading and adoption, the
following Ordinance
AN ORDINANCE AMENDING SUBSECTION (b) OF SECTION
18 47 OF ARTICLE XVIII OF ORDINANCE NO 543, AS
AMENDED, KNOWN AND CITED AS "THE CITY OF LIVONIA
ZONING ORDINANCE" (Petition 97-5-6-4)
A roll call vote was taken on the foregoing Ordinance with the following result:
AYES Brosnan, Vandersloot, McGee, Taylor, Duggan, Feenstra, and
Laura.
NAYS None
The President declared the foregoing Ordinance duly adopted, and would become
effective on publication.
On a motion by Taylor, seconded by Vandersloot, and unanimously
adopted, it was
#967-97 RESOLVED, that having considered a letter from Glenn R.
Hoskins, Vice President of PDC Glass of Michigan, Inc., dated October
31, 1997, wherein it is indicated that PDC Glass of Michigan, Inc. intends
to transfer facilities from 11866 Hubbard, Livonia, Michigan 48150, to the
City of Plymouth, and which further indicates that PDC Glass of Michigan,
Inc. desires to obtain a 1974 P.A. 198 exemption for the Livonia facility,
the Council does hereby consent to the transfer as herein requested; and
the City Clerk is hereby requested to do all things necessary or incidental
to the full performance of this resolution.
30602
Glenn R. Hoskins, Vice President of PDC Glass of Michigan, Inc., spoke to the need to
move the business and the search he has undertaken
Duggan left the podium at 9.49 p m. due to a conflict of interest with the petitioner on
the next Agenda item
On a motion by Taylor, seconded by Brosnan, it was.
#968-97 RESOLVED, that Leo Soave Building Co , 34822 Pembroke,
Livonia, MI 48152, as proprietors, having requested the City Council to
approve the proposed preliminary plat of the following subdivision:
Kenwood Estates Subdivision, to be located on the west side of Sunset
Boulevard between Fargo Avenue and Morlock Street in the Northwest
1/4 of Section 2, City of Livonia, Wayne County, Michigan, the said
proposed preliminary plat being dated August 27, 1997, and it further
appearing that tentative approval of such preliminary plat was given by
the City Planning Commission, after due notice and a public hearing on
July 22, 1997, and it further appearing that such preliminary plat, together
with development plans and specifications for improvements therein have
been examined and approved by the Engineering Department as is set
forth in the report of that department dated October 22, 1997, therefore,
the City Council does hereby approve of the said preliminary plat on the
following conditions
(1) All of the improvements, utilities and grading shall be constructed,
installed and accomplished in conformity with the provisions of the
ordinances of the City of Livonia, including the Subdivision Control
Ordinance, being Title 16, Chapters 16 04 through 16 24 of the
Livonia Code of Ordinances, as amended, the Subdivision
Regulations of the Planning Commission, the regulations and
specifications of the Engineering Department and the Development
Plans submitted by the proprietor and approved by such
department; all such improvements to be constructed, installed,
accomplished and completed within a period of two (2) years from
the effective date of this resolution, failing this, the approval
contained herein shall be considered null, void and of no effect
whatsoever;
(2) That all inspection fees and other charges due to the City of
Livonia shall be fully paid at the time and in the manner provided in
the said Subdivision Control Ordinance, as amended,
(3) That the installation of all such improvements shall be subject at all
times to the supervision and inspection and final approval of the
Engineering Department, and such improvements shall not be
considered as having been satisfactorily and completely installed
until there is filed with the City Council the certificate as provided in
30603
Section 16 24 370 of the said Subdivision Control Ordinance, as
amended;
(4) That the proprietor enter into an agreement with the City of Livonia
agreeing to construct, within the prescribed period of time and in
the prescribed manner, all improvements required to the extent
required by the City of Livonia and as shown on the approved
development plans,
(5) That the final true record plat of the aforesaid subdivision shall be
submitted and must receive the final approval of the City Planning
Commission as evidence that such plat is in compliance with
existing Subdivision Regulations;
(6) That the final true plat of the aforesaid subdivision shall be
submitted and must receive the final approval of the City Council
within two (2) years from the effective date of this resolution, the
City Council shall approve final plats of the aforesaid proposed
subdivision if drawn in substantial conformity with the proposed
plat as approved herein, and provided there has been compliance
with all other requirements of State Statute, the Subdivision Control
Act, the Subdivision Control Ordinance and this resolution,
(7) That, for the purpose of obtaining approval of final plats prior to the
completion of all required improvements the proprietor may file with
the City of Livonia a corporate surety bond, certified check, cash
bond, irrevocable letter of credit, or other financial assurance in
such form as may be approved by the Department of Law
guaranteeing the satisfactory installation of all such improvements,
utilities and grading by the proprietor within the prescribed period;
that in the event the proprietor elects to deposit such financial
assurances the same shall be in the following amounts.
A. General Improvement Bond $193,700 00 of which at least
$ 10,000 00 shall be in cash.
B Grading & Soil Erosion $ 2,700 00 cash
C Entrance Marker/Landscaping $ 9,000 00 of which at least
$ 3,000 00 shall be in cash.
D Monuments & Lot Markers $ 605 00 (all cash)
and require cash payments in the total amount of$22,580 00 In addition,
distribution lines for telephone and electric services are to be placed
underground and ornamental street lights are to be provided throughout
the subdivision.
30604
A roll call vote was taken on the foregoing resolution with the following result:
AYES Brosnan, Vandersloot, McGee, Taylor, and Laura.
NAYS Feenstra.
The President declared the resolution adopted.
Duggan returned to the podium at 9.50 p m
On a motion by Taylor, seconded by Feenstra, and unanimously adopted,
it was.
#969-97 RESOLVED, that having considered a communication from
the City Planning Commission, dated October 29, 1997, which transmits
its resolution 10-187-97, adopted on October 28, 1997, with regard to
Petition 96-4-2-14, as revised, submitted by Gary Jonna, Pentagon
Properties, requesting waiver use approval to construct a 20-screen
movie theater on property located on the east side of Haggerty Road
between Seven and Eight Mile Roads in the Southwest 1/4 of Section 6,
which property is zoned C-2, the Council does hereby concur in the
recommendation made by the City Planning Commission and Petition 96-
4-2-14, as revised, is hereby approved and granted, subject to the
following conditions
1 That the Landscape Plan marked Sheet 1 prepared by Johnson
Johnson & Roy Inc., as received by the Planning Commission on
October 14, 1997, is hereby approved and shall be adhered to,
2. That the Building Landscape Plan marked Sheet L201 prepared by
Gould Evans Associates, as received by the Planning Commission
on October 20, 1997, 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 plant materials shall be installed to the
satisfaction of the Inspection Department and thereafter
permanently maintained in a healthy condition, and
5 That Option B and color renderings dated November 17, 1997, are
hereby approved and shall be adhered to
30605
On a motion by Brosnan, seconded by Taylor, and unanimously adopted,
it was.
#970-97 RESOLVED, that having considered a communication from
the City Planning Commission, dated October 29, 1997, which transmits
its resolution 10-179-97, adopted on October 28, 1997, with regard to
Petition 97-9-2-25, submitted by Tri-West Development requesting waiver
use approval to construct cluster housing on property located on the east
side of Farmington Road between Norfolk and Fargo Roads in the
Northwest 1/4 of Section 3, which property is zoned R-3, the Council does
hereby approve and grant Petition 97-9-2-25 subject to the following
conditions
1 That the Site Plan marked Sheet SP-1, as revised, dated
November 18, 1997, prepared by the Design Group, LLC, which is
hereby approved, shall be adhered to,
2 That the Building Elevation Plans marked Sheets A-2 and A-3,
prepared by the Design Group, LLC, which are hereby approved,
shall be adhered to, and
3 That the Landscape Plan, marked Project Number 97-191, dated
October 17, 1997, prepared by the Design Group, LLC, is hereby
tabled for further review and recommendation
On a motion by Brosnan, seconded by Vandersloot, and unanimously
adopted, it was:
#971-97 RESOLVED, that having considered a communication from
the Department of Law, dated November 3, 1997, approved for
submission by the Mayor, transmitting for Council acceptance two Grants
of Easement, more particularly described as
(1) Grant of Easement dated June 11, 1997, executed by Lidia Veri,
President, Pittsfield Development, Inc., to the City of Livonia, for
Surface Water Drainage Easement
A 12 foot wide easement for surface water drainage over and
across a strip of land described as the West 7 00 feet of the North
78 90 feet of Lot 670 and the East 5 00 feet of the North 78 90 feet
of Lot 671 of Supervisor's Plat No 10 of part of the East 1/2 of
Section 15, T 1 S , R. 9 E , Livonia Township (now City of Livonia),
Wayne County, Michigan, as recorded in Liber 66 of plats on
Pages 61 thru 63 of Wayne County Records
and
30606
(2) Grant of Easement dated June 11, 1997, executed by Lidia Veri,
President, Pittsfield Development, Inc., to the City of Livonia, for
Surface Water Drainage Easement
A 12 foot wide easement for surface water drainage over and
across a strip of land described as the West 7 00 feet of the South
78 90 feet of the North 157 80 feet of Lot 670 and the East 5 00
feet of the South 78 90 feet of the North 157 80 feet of Lot 671 of
Supervisor's Plat No 10 of part of the East 1/2 of Section 15, T 1
S , R. 9 E , Livonia Township (now City of Livonia), Wayne County,
Michigan, as recorded in Liber 66 of plats on Pages 61 thru 63 of
Wayne County Records
the Council does hereby, for and in behalf of the City of Livonia, accept
the aforesaid Grants of Easement and the City Clerk is hereby requested
to have the same recorded in the Office of the Register of Deeds and to
do all other things necessary or incidental to fulfill the purpose of this
resolution.
On a motion by Brosnan, seconded by McGee, and unanimously adopted,
it was.
#972-97 WHEREAS, the Mayor and City Council of the City of
Livonia have reviewed the proposal dated October 2, 1997 from the
Michigan Department of Transportation (MDOT) regarding changes in
road jurisdiction (hereafter the "MDOT proposal"), and
WHEREAS, the MDOT proposal is an attempt to "rationalize" the division
between State and local jurisdiction over roads, with the State assuming
jurisdiction over heretofore local roads deemed to constitute "commercial
backbone routes," and
WHEREAS, by Ordinance No 2165, adopted April 7, 1993, the City
established the Plymouth Road Development Authority and designated
the area within the boundaries thereof as the City's principal business
district, thereby formally recognizing the status of Plymouth Road, also
known as Highway M-14, as the City's principal commercial thoroughfare,
and
WHEREAS, Plymouth Road is among the most heavily traveled
commercial routes in the City of Livonia, and is the subject of intense
t,. planning and design efforts by the Plymouth Road Development Authority
to secure its long-term viability as a commercial and industrial district, and
WHEREAS, the MDOT proposal actually contemplates transferring
Plymouth Road from State jurisdiction to local jurisdiction, while
30607
simultaneously providing for the transfer from local jurisdiction to MDOT
of routes which pass through exclusively residential areas, in apparent
disregard for MDOT's own criteria for commercial backbone routes, and
WHEREAS, due to deferred MDOT maintenance of Plymouth Road, this
critical commercial backbone route now needs reconstruction throughout
the City of Livonia, and
WHEREAS, the City of Livonia wishes to partner with MDOT in improving
the Plymouth Road commercial and industrial corridor
NOW, THEREFORE, BE IT RESOLVED, that the Mayor and City Council
of the City of Livonia call upon MDOT to retain jurisdiction over Plymouth
Road, and to develop a comprehensive program to reconstruct and
otherwise improve same in conjunction with the improvements being
undertaken by the Plymouth Road Development Authority
On a motion by Brosnan, seconded by Duggan, and unanimously
adopted, it was.
#973-97 RESOLVED, that having considered a communication from
the Director of Community Resources, dated October 23, 1997, which
bears the signature of the Director of Finance and is approved for
submission by the Mayor, the Council does, for and on behalf of the City
of Livonia, accept cash donations in the amount of$6,474 25 from the
contributors set forth in the attachment, the same to be deposited in and
credited to Account#702-000-285-216 for use in the Senior Citizens
Program.
On a motion by Brosnan, seconded by Duggan, and unanimously
adopted, it was
#974-97 RESOLVED, that having considered a communication from
the City Librarian, dated October 29, 1997, which bears the signature of
the Director of Finance and is approved for submission by the Mayor, the
Council does, for and on behalf of the City of Livonia, accept various gifts
and cash donations in the amount of $10,057 00 from the sources
indicated therein for use by the Livonia Public Library as indicated in the
aforesaid communication, FURTHER, the Council does hereby
appropriate and credit the amount of $10,057 00 to Account No 702-000-
285-271 for the purpose as designated by the donors
On a motion by Brosnan, seconded by Feenstra, and unanimously
adopted, it was.
30608
#975-97 RESOLVED, that having considered a letter from the
Michigan Liquor Control Commission, dated October 8, 1997, and the
report and recommendation of the Chief of Police, dated November 3,
1997, approved for submission by the Mayor, with regard to a request
from Mesquite, Inc. requesting approval of an application for a new
Michigan Liquor Control Commission Class C full year liquor license and
Official Permit (Food) for a restaurant to be located at 13800 Middlebelt
Road, Livonia, Michigan, Wayne County, in addition to prior approval
already granted in Council Resolution 827-97 adopted on October 8,
1997, the Council does hereby take this means to advise the Michigan
Liquor Control Commission that the City Council approves the said
request; 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 Feenstra, seconded by Brosnan, and unanimously
adopted, it was
#976-97 RESOLVED, that having considered a communication from
the Department of Law, dated November 14, 1997, approved for
submission by the Mayor, the Council does hereby authorize the
Department of Law to acquire a 27 foot strip of property, 165 feet in
length, at 34730 Seven Mile Road, owned by Florence J Moorhead,
which land is more particularly described as follows
The South 60 feet of the following parcel of land
Part of the Southwest 1/4 of Section 4, T 1 S., R. 9 E., beginning
North 89°57'40" West, 797 56 feet from the South 1/4 corner of
Section 4, thence North 00°11'07" East 330 feet; thence North
89°57'40" West 165 feet; thence South 00°11'07" West 330 feet;
thence South 89°57'40" East 165 feet P 0 B 1 25 acre Tax
Parcel No 015-99-0018-001 (34730 Seven Mile Road Right-of-
Way)
subject to the following conditions
1 That the purchase price shall be in the sum of$7,000 00;
2 That the City of Livonia shall pay for the cost of title work and any
application costs in obtaining a discharge of mortgage on the
property in the sum not to exceed $1,000 00;
3 That the City's portion of the prorated City, County, County Drain,
School and Community College taxes shall be in a sum not to
exceed $500 00; and
30609
4 In the event that the City of Livonia installs a sidewalk on the
subject property at a time that Florence J Moorhead is the owner
of record, the City will be responsible for the cost of said sidewalk
installation
BE IT FURTHER RESOLVED, that a sum not to exceed $8,500 00 is
hereby authorized to be expended from the $12 Million General
Obligation Road Improvement Bond Issue approved by the electorate in
1989 for the acquisition of said Seven Mile Road right-of-way; and the
City Clerk is hereby requested to do all things necessary or incidental to
the full performance of this resolution, FURTHER, the Mayor and City
Clerk are authorized to execute a Quit Claim Deed conveying the above-
described property to the County of Wayne in a form to be approved by
the Department of Law
On a motion by Brosnan, seconded by Duggan, and unanimously
adopted, it was:
#977-97 RESOLVED, that having considered a communication from
the Department of Law, dated November 14, 1997, approved for
submission by the Mayor, the Council does hereby authorize the
Department of Law to acquire a 27 foot strip of property, 25 feet in length,
at 34752 Seven Mile Road, owned by Adele Avolio, which land is more
particularly described as follows.
The South 60 feet of the following parcel of land:
Part of the Southwest 1/4 of Section 4, T 1 S , R. 9 E., beginning
North 89°57'40" West 962 56 feet from the South 1/4 corner of
Section 4, thence North 0°11'07" East 330 feet; thence North
89°57'40" West, 165 feet; thence South 0°11'07" West 330 feet;
thence South 89°57'40" East 165 feet to the P 0 B except the
West 140 feet of the South 300 feet. 0 29 Acres Tax Parcel No
015-99-0017-001 (34752 Seven Mile Road Right-of-Way)
subject to the following conditions
1 That the purchase price shall be in the sum of$1,060 60;
2. That the City of Livonia shall pay for the cost of title work and any
application costs in obtaining a discharge of mortgage on the
property in the sum not to exceed $1,000 00;
3 That the City's portion of the prorated City, County, County Drain,
School and Community College taxes shall be in a sum not to
exceed $500 00; and
30610
4 In the event that the City of Livonia installs a sidewalk on the
subject property at a time that Adele Avolio is the owner of record,
the City will be responsible for the cost of said sidewalk
installation.
BE IT FURTHER RESOLVED, that a sum not to exceed $2,560 60 is
hereby authorized to be expended from the $12 Million General
Obligation Road Improvement Bond Issue approved by the electorate in
1989 for the acquisition of said Seven Mile Road right-of-way; and the
City Clerk is hereby requested to do all things necessary or incidental to
the full performance of this resolution, FURTHER, the Mayor and City
Clerk are authorized to execute a Quit Claim Deed conveying the above-
described property to the County of Wayne in a form to be approved by
the Department of Law
On a motion by Brosnan, seconded by Duggan, and unanimously
adopted, it was.
#978-97 RESOLVED, that having considered a communication from
the Department of Law, dated November 14, 1997, approved for
submission by the Mayor, the Council does hereby authorize the
Department of Law to acquire a 27 foot strip of property, 140 feet in
length, at 34750 Seven Mile Road, owned by Adele Avolio, which land is
more particularly described as follows:
The South 60 feet of the following parcel of land:
The West 140 feet of the South 300 feet of the following described
parcel That part of the Southwest 1/4 of Section 4, described as
beginning at a point at the South line of said Section distant North
89°57'40" West, 962 56 feet from the South 1/4 corner of Section 4
and proceeding thence North 00°11'07" East, 1,320 0 feet; thence
North 89°57'40" West, 165 0; thence South 00°11'07" West,
1,320 0 feet to the South line of Section 4, thence South 89°57'40"
East along said line 165 0 feet to the P 0 B 0 96 Acres Tax
Parcel No 015-99-0016-000 (34750 Seven Mile Road Right-of-
Way)
subject to the following conditions.
1 That the purchase price shall be in the sum of$5,939 40;
2. That the City of Livonia shall pay for the cost of title work and any
application costs in obtaining a discharge of mortgage on the
property in the sum not to exceed $1,000 00;
30611
3 That the City's portion of the prorated City, County, County Drain,
School and Community College taxes shall be in a sum not to
exceed $500 00; and
4 In the event that the City of Livonia installs a sidewalk on the
subject property at a time that Adele Avolio is the owner of record,
the City will be responsible for the cost of said sidewalk
installation.
BE IT FURTHER RESOLVED, that a sum not to exceed $7,439 40 is
hereby authorized to be expended from the $12 Million General
Obligation Road Improvement Bond Issue approved by the electorate in
1989 for the acquisition of said Seven Mile Road right-of-way; and the
City Clerk is hereby requested to do all things necessary or incidental to
the full performance of this resolution, FURTHER, the Mayor and City
Clerk are authorized to execute a Quit Claim Deed conveying the above-
described property to the County of Wayne in a form to be approved by
the Department of Law
A communication from the Office of the Mayor, dated November 10, 1997,
re administrative proposal regarding Advanced Life Support was received and placed
on file for the information of the Council (CR 973-96)
A communication from the Fire Chief, dated November 12, 1997, re
Advanced Life Support (ALS) issues was received and placed on file for the information
of the Council (CR 973-96)
A communication from Dale J Berry, President and CEO, Huron Valley
Ambulance, dated November 14, 1997, re Advanced Life Support (ALS) issues was
received and placed on file for the information of the Council (CR 973-96)
A fax communication from Community EMS, received on November 17,
1997, re Advanced Life Support (ALS) issues was received and placed on file for the
information of the Council (CR 973-96)
30612
An informational brochure from Greg Beauchemin, Community EMS,
received on November 17, 1997, re Advanced Life Support (ALS) issues was received
and placed on file for the information of the Council (CR 973-96)
A communication from the Livonia Firefighters Union, dated November
17, 1997, re the L.F F U Proposal regarding Advanced Life Support was received and
placed on file for the information of the Council (CR 973-96)
A communication from the Fire Chief, dated November 17, 1997, re.
Council questions raised regarding the Advanced Life Support proposal was received
and placed on file for the information of the Council (CR 973-96)
On a motion by Feenstra, seconded by Taylor, it was
RESOLVED, that having considered the report and
recommendation of the Committee of the Whole, dated November 17,
1997, submitted pursuant to Council Resolution 973-96, concerning the
subject of bids received for two medium-duty ambulances and proposed
use of the vehicles and the subject of advanced life support services, the
Council does hereby authorize the administration to begin negotiations
with any number of companies for advanced life support services for a
contract that does not exceed 18 months in duration, with said contract to
be presented to the City Council before December 8, 1997, for its
consideration.
Several individuals from the audience spoke in favor of the Livonia Firefighters
providing ALS services. They are as follows.
1) Michael Kelly, a Livonia Firefighter - stated that for 15 years firefighters have
been trying to provide this service to the public. He asked for Council's help for
them to get this training
2) Justin DeFiore, a Livonia Firefighter - he's also a paramedic. He wants to do
what's best for the City
3) John Orzech, a Livonia Firefighter - the firefighters are ready to go on this
training
4) Sandy Eisbrenner, 11101 Garden -wants Livonia Firefighters to be trained in
ALS
5) Jennifer Magda, 43420 Reservoir, Northville - in support of the Firefighters
Union. Wants Livonia Firefighters to be trained in ALS
6) Doug Bailey, a Dearborn Heights Firefighter and paramedic - they recently went
to the ALS program. ALS is the best service you can provide for the citizens.
CORRECTED REVISED PAGE-SEE CR 979-97
30613
7) Dennis LaForest, 37876 Plymouth Road, a Livonia Firefighter - he's also a
paramedic, an EMT, and an IC This service is best for the citizens of the City
8) Paul Kinczkowski, 38925 Dover - it's best if the first person to reach the victim is
fully trained. He wants the Livonia Fire Department trained in ALS
On a motion by McGee, seconded by Brosnan, it was
RESOLVED, that the Council does hereby determine to
substitute a resolution in lieu of the foregoing which would authorize the
administration to form a committee, to develop Request for Proposals,
and to begin negotiations with advanced life support providers
A roll call vote was taken on the motion to substitute with the following result:
AYES Brosnan, McGee, Duggan, and Laura.
NAYS Vandersloot, Taylor, and Feenstra.
The President declared the motion to substitute adopted.
On a motion by McGee, seconded by Brosnan, it was.
#979-97 RESOLVED, that the Council does hereby authorize the
administration to form a committee, to develop Request for Proposals,
and to begin negotiations with advanced life support providers.
A roll call vote was taken on the substitute resolution with the following result:
AYES Brosnan, McGee, Taylor, Duggan, and Laura.
NAYS Vandersloot and Feenstra.
The President declared the substitute resolution adopted
On a motion by Duggan, seconded by Feenstra, and unanimously
adopted, it was
#980-97 RESOLVED, that the Council does hereby amend Council
Resolution 378-96 to have the same read as follows.
RESOLVED, that having considered a communication
from Councilmember Brian Duggan, dated March 22, 1996, which
requests the establishment of a concerted training program within
the Fire Department to create an advanced life support program
taw within the Livonia Fire Department, the Council does hereby refer
this matter to the Fire Chief and the Mayor for their report and
CORRECTED REVISED PAGE
30614
recommendation, said report to be submitted to Council prior to
December 17, 1997
On a motion by Vandersloot, seconded by McGee, and unanimously
adopted, it was:
#981-97 RESOLVED, that having considered the report and
recommendation of the Committee of the Whole, dated November 17,
1997, submitted pursuant to Council Resolution 973-96, concerning the
subject of bids received for two medium-duty ambulances and proposed
use of the vehicles and the subject of advanced life support services, the
Council does hereby authorize the administration to establish a training
plan for advanced life support within the next 30 days for implementation
of an advanced life support program to coincide with termination of an
interim private ambulance contract providing for such temporary
advanced life support services, the same to be thereafter submitted to
Council for its consideration
On a motion by Brosnan, seconded by Duggan, and unanimously
adopted, it was.
#982-97 RESOLVED, that having considered the report and
recommendation of the Committee of the Whole, dated November 17,
1997, submitted pursuant to Council Resolution 973-96, concerning the
subject of bids received for two medium-duty ambulances and proposed
use of the vehicles and the subject of advanced life support services, the
Council does hereby refer the subject of cost information involved in
providing advanced life support services to the Mayor and the Director of
Finance for a report and recommendation, the same to be received by the
Council on or before December 8, 1997
No one from the audience spoke during audience communication
Councilmember Feenstra apologized to the Fire Chief and his lieutenant
for any consternation he may have caused by his comments at the last Regular
Meeting.
On a motion by Feenstra, seconded by Brosnan, it was
#983-97 RESOLVED, that the Council does hereby determine to
deny the relief requested by the Honeybaked Ham Company to allow for
outside storage trailers
CORRECTED REVISED PAGE
30615
A roll call vote was taken on the foregoing resolution with the following result:
AYES Brosnan, Vandersloot, Taylor, Duggan, Feenstra, and Laura.
NAYS McGee
The President declared the resolution adopted
On a motion by Feenstra, seconded by Brosnan, and unanimously
adopted, it was:
#984-97 RESOLVED, that the Council does hereby refer to the City
Attorney for an opinion on Section 2.96 170 on the eligibility of a person
who is re-employed by the City of Livonia in a non-Civil Service position
to buy back service credits, as well as a determination of whether a
person previously employed in a temporary position is entitled to buy
back service credits.
Council President Laura wished Jamie Coe a Happy 62nd Birthday, and
also wished Dianne Nay a "Happy Birthday"
On a motion by Duggan, seconded by Brosnan, and unanimously
adopted, this 1,357th Regular Meeting of the Council of the City of Livonia was
adjourned at 11.25 p m., November 19, 1997
Joa cCotter, City Clerk