HomeMy WebLinkAboutCOUNCIL MINUTES 1997-03-12 30065
MINUTES OF THE ONE THOUSAND THREE HUNDRED AND FORTIETH
REGULAR MEETING OF THE COUNCIL OF THE CITY OF LIVONIA
On March 12, 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 7 58 p m Councilmember Vandersloot delivered the invocation
Roll was called with the following result: Val Vandersloot, Michael P
McGee, Gerald Taylor, Brian Duggan, Fernon P Feenstra, Maureen Miller Brosnan,
and Joe Laura. Absent: None
Elected and appointed officials present: John Nagy, City Planner; Robert
J Beckley, Director of Public Works, Sean P Kavanagh, City Attorney; Joan McCotter,
City Clerk; Karen A. Szymula, Director of Legislative Affairs, Michael T Slater, Director
of Finance, Linda McCann, Director of Community Resources, Michael Deller, City
Librarian, Laura Toy, City Treasurer; John Fegan, Director of Inspection, and David
Woodcox, Senior Building Inspector
On a motion by Taylor, seconded by Feenstra, and unanimously adopted,
it was
#169-97 RESOLVED, that the minutes of the 1,339th Regular
Meeting of the Council of the City of Livonia, held February 26, 1997, are
hereby approved as submitted
No one from the audience spoke at this time
Council President Laura acknowledged Councilmember Taylor's birthday,
which was on February 23, 1997
On a motion by Feenstra, seconded by Duggan, it was
#170-97 RESOLVED, that pursuant to advance notice from
Councilmember Fernon P Feenstra regarding the intent to move for
rescinding of Council Resolution 151-97 (Moutafis, Inc.), the Council
hereby resolves to rescind Council Resolution 151-97
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A roll call vote was taken on the foregoing resolution with the following result.
AYES McGee, Taylor, Duggan, Feenstra, Brosnan, and Laura
NAYS Vandersloot.
The President declared the resolution adopted
On a motion by Feenstra, seconded by Brosnan, it was
#171-97 RESOLVED, that the Council does hereby refer to the
Committee of the Whole for its report and recommendation the request
from Moutafis, Inc. for a new Outdoor Service Permit (Second Area) and
expansion of Outdoor Service Permit to include the entire golf course and
request for additional Bar Permit for roving cart to be held in conjunction
with a 1996 Class C licensed business with Sunday Sales, Official Permit
(Food), Outdoor Service and Direct Connection, located at 20500
Newburgh Road, Livonia, Michigan, Wayne County, which request had
been previously denied pursuant to Council Resolution 151-97 and
subsequently rescinded pursuant to Council Resolution 170-97
A roll call vote was taken on the foregoing resolution with the following result:
AYES McGee, Taylor, Duggan, Feenstra, Brosnan, and Laura
NAYS Vandersloot.
The President declared the resolution adopted
On a motion by Feenstra, seconded by Brosnan, and unanimously
adopted, it was.
#172-97 RESOLVED, that the Council does hereby refer to the
Mayor for his report and recommendation the subject of procurement of
equipment for the hearing impaired for use at City Council meetings.
On a motion by McGee, seconded by Brosnan, it was.
#173-97 RESOLVED, that having considered a communication from
Roy D Puckett, 10th Mountain Division Association, Lower Michigan
Chapter, dated February 14, 1997, regarding the poor condition of
existing roads in the City, the Council does hereby refer the subject of the
feasibility of a proposal for a new General Obligation Road Repair Bond
Issue (2 mills) to the Mayor and the Finance, Insurance and Budget
Committee for their respective reports and recommendations.
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#174-97 RESOLVED, that having considered a communication from
Roy D Puckett, 10th Mountain Division Association, Lower Michigan
Chapter, dated February 14, 1997, regarding the poor condition of
existing roads in the City, the Council does hereby refer the subject of a
possible ordinance amendment setting forth a road repair schedule and
the subject of a possible funding formula for such road repair to the
Legislative Committee for its report and recommendation.
#175-97 RESOLVED, that having considered a communication from
Roy D Puckett, 10th Mountain Division Association, Lower Michigan
Chapter, dated February 14, 1997, regarding the poor condition of
existing roads in the City, the Council does hereby request that new state
legislation be introduced to change the gas tax formula to a more
equitable allocation among local units of government; FURTHER, the
Council does hereby direct that copies of this resolution be forwarded to
Governor Engler, State Senator R. Robert Geake, State Representative
Lyn Bankes, State Representative Gerald Law, the MML State and
Federal Affairs Division, the Conference of Western Wayne, Southeast
Michigan Conference of Governments, and the Michigan Association of
Counties
#176-97 RESOLVED, that having considered a communication from
Roy D Puckett, 10th Mountain Division Association, Lower Michigan
Chapter, dated February 14, 1997, regarding the poor condition of
existing roads in the City, the Council does hereby refer the subject of
review of the City of Ann Arbor ordinance setting forth a road replacement
schedule to the Department of Law for its report and recommendation
#177-97 RESOLVED, that having considered Petition 97-2-3-1
submitted by Resources Supervisory Management Corp , Agent for High
Equity Partners, L.P - Series, dated February 7, 1997, wherein a request
is submitted for the vacating of certain existing water main easements
located near the proposed Kroger Store addition at 30935 Five Mile Road
located in the Northwest 1/4 of Section 23, the Council does hereby refer
this item to the City Planning Commission for action and recommendation
in accordance with provisions of law and City ordinance
#178-97 RESOLVED, that having considered a communication from
Darryl S Rogers, International Development Company, 32400 Telegraph
Road, Suite 206, Bingham Farms, Michigan 48025, dated February 11,
1997, wherein a request is made to acquire certain City-owned property
located immediately west of property owned by International Development
Company located at 31899 Glendale, the Council does hereby refer this
matter to the Mayor for his report and recommendation.
#179-97 RESOLVED, that having considered a communication from
John J Nagy, Director of the Plymouth Road Development Authority,
dated February 11, 1997, regarding proposed street lighting fixtures to be
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installed on Plymouth Road with such street lighting system to be owned
by the Plymouth Road Development Authority, the Council does hereby
refer this item to the Capital Improvement Committee for its report and
recommendation.
#180-97 RESOLVED, that having considered a communication from
the Mayor, dated February 24, 1997, wherein he has requested approval
of the appointment of Ray Borden, 30934 Richland, Livonia, Michigan
48150, to the Livonia Plymouth Road Development Authority, as a
resident member at large to fill a vacancy which shall expire on May 16,
1999, pursuant to Section 3 16 060 of the Livonia Code of Ordinances, as
amended, and Act No 197 of the Public Acts of Michigan of 1975, as
amended, the Council does hereby confirm and approve such
appointment provided that he takes the Oath of Office as required in
Section 2, Chapter X of the City Charter, to be administered by the office
of the City Clerk.
#181-97 RESOLVED, that having considered a communication from
the Mayor, dated February 11, 1997, submitted in connection with Council
Resolutions 327-95 and 704-96, regarding the possible realignment of
Milburn Avenue with Sears Drive at the intersection of Plymouth Road,
the Council does hereby determine to take no further action with respect
to this matter
#182-97 RESOLVED, that having considered a communication from
the City Planning Commission, dated February 4, 1997, to which is
attached a copy of its resolution 1-6-97 adopted on January 21, 1997, in
connection with Petition 96-10-7-3, wherein the Commission did amend
Part I of the Master Plan of the City of Livonia, the Master Thoroughfare
Plan, for altering the location of a local street known as Milburn Avenue to
reflect a proposed change in alignment south of Plymouth Road between
Henry Ruff Road and Merriman Road in the Northwest 1/4 of Section 35,
the Council does hereby certify and acknowledge receipt of same, 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
#183-97 RESOLVED, that having considered the report and
recommendation of the Director of Public Works, dated February 12,
1997, which bears the signature of the Director of Finance and is
approved for submission by the Mayor, the Council does hereby accept
the unit price bid of Steinkopf Nursery, 20815 Farmington Road,
Farmington Hills, Michigan 48336, for completing all work required in
connection with the City's 1997 Street Tree Planting Program for the
estimated total cost of $31,554 00, based upon the Public Service
Division's estimate of units involved, and subject to final payment based
upon the actual units completed in accordance with the unit prices
accepted herein, said estimated cost and unit prices having been in fact
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the lowest bid received for this item, and the Director of Public Works is
hereby authorized to approve minor adjustments in the work as it
becomes necessary; and the Mayor and City Clerk are hereby authorized
to execute a contract for and on behalf of the City of Livonia with the
aforesaid bidder and to do all other things necessary or incidental to the
full performance of this resolution
#184-97 RESOLVED, that having considered the report and
recommendation of the Director of Finance, dated February 10, 1997,
approved for submission by the Mayor, regarding funding for Hegira
Programs, Inc.'s - C CODA Division, for professional services provided to
the City and its citizens for the fiscal year ending November 30, 1997, the
Council does hereby authorize payment to be made in the amount of
$24,000 00 to the Community Commission on Drug Abuse (CCODA) for
fiscal year ending November 30, 1997, from funds already budgeted for
this purpose in Account #101-279-956-000
#185-97 RESOLVED, that having considered the report and
recommendation of the Director of Finance, dated February 10, 1997,
approved for submission by the Mayor, to which is attached
recommended final budget adjustments for Fiscal Year 1996, the Council
does hereby authorize the said budget adjustments and transfers in the
manner and form herein submitted
#186-97 RESOLVED, that having considered the report and
recommendation of the City Engineer, dated February 11, 1997, which
bears the signature of the Director of Finance and is approved for
submission by the Mayor, the Council does hereby accept the unit price
bid of Nagle Paving Company, 30630 West Twelve Mile Road, Suite A,
Farmington Hills, Michigan 48334, for completing all work required in
connection with the paving of Savoie and Grove, south of Six Mile Road
and east of Middlebelt Road in the Northwest 1/4 of Section 13 (Contract
97-E) for the estimated total cost of$377,335 65 based upon the
Engineering Department's estimate of units involved, and subject to a
final payment based upon the actual units completed in accordance with
the unit prices accepted herein, said estimated cost and unit prices
having been in fact the lowest bid received for this item, FURTHER, the
Council does hereby appropriate and authorize the expenditure of a sum
not to exceed $222,884 48 from the General Obligation Road
Improvement Bond Issue for this purpose with the provision that the
Bond Issue be reimbursed at such time as funds are available from the
payment of assessments by affected property owners, and FURTHER,
the Council does hereby appropriate and authorize the expenditure of
the additional sum not to exceed $154,451 17 from the Local Road
Account of the Michigan Transportation Fund to pay for the City's portion
of the project, and the City Engineer 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
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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
#187-97 RESOLVED, that having considered a communication from
the City Planning Commission, dated February 14, 1997, which transmits its
resolution 2-29-97 adopted on February 4, 1997, with regard to Petition 94-
1-2-3, submitted by Andrew Flores, on behalf of the Dearborn Federal
Credit Union, requesting approval to amend the site plan which was
approved in connection with this petition for property located at 37373
Seven Mile Road in the Northwest 1/4 of Section 8, the Council does
hereby concur in the recommendation of the Planning Commission and
Petition 94-1-2-3 is hereby approved and granted, subject to the following
conditions.
1 That the Site Plan marked 02 dated January 3, 1997, prepared by
Beckett and Raeder, Inc., is hereby approved and shall be adhered
to,
2 That the Landscape Plan marked 02 dated January 3, 1997,
prepared by Beckett and Raeder, Inc., is hereby approved and
shall be adhered to,
3
4 That all disturbed lawn areas shall be sodded or hydroseeded;
That the petitioner shall meet, to the Department of Public Safety's
satisfaction, the following requirement as outlined in
correspondence from the Traffic Bureau dated January 29, 1997
That directional signs shall be erected within the credit union's
parking lot advising patrons that all left turns onto Newburgh Road
must be completed using the south drive and left turns via the north
drive are prohibited, and
5 That all directional signs shall comply with Section 18 50D(i) of the
Zoning Ordinance
#188-97 RESOLVED, that having considered a communication from
the City Planning Commission, dated February 14, 1997, which transmits
its resolution 2-28-97 adopted on February 4, 1997, with regard to
Petition 94-8-8-15, submitted by J D Dinan Company, on behalf of the
James Town Offices, requesting approval to amend the site plan which
was approved in connection with this petition for property located at
37777 Pembroke Street in the Southeast 1/4 of Section 6, the Council
does hereby concur in the recommendation of the Planning Commission
and Petition 94-8-8-15 is hereby approved and granted, subject to the
condition that the request to waive the sidewalk for this site is hereby
approved for a period of two (2) years only, and thereafter the matter shall
be brought back for further review
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#189-97 RESOLVED, that having considered the report and
recommendation of the Director of Finance, dated January 23, 1997,
approved for submission by the Mayor, the Council does hereby approve
the renewal of the contract with Medical Management Systems of
Michigan, Inc., 1701 Lake Lansing Road, Suite 100, Lansing, Michigan
48912, for providing ambulance billing services, for the period from
February 1, 1997, to January 31, 1998, under the same rates, terms and
conditions as the 1996 contract, FURTHER, the Council does hereby
authorize the action herein without competitive bidding in accordance with
Section 3 04 140D2 of the Livonia Code of Ordinances, as amended.
#190-97 RESOLVED, that the Council having considered a
communication from the City Engineer, dated February 19, 1997,
approved for submission by the Mayor, submitted pursuant to the
requirements set forth in Section 16 24 310 of the Livonia Code of
Ordinances, as amended, wherein it is required that street lighting with
underground wiring shall be provided in all subdivisions in conformity with
the standards prescribed, and the City Engineer having ascertained the
assessed valuation of all property affected by the proposed improvement
with regard to Caliburn Estates Subdivision No 3, located in the
Northwest 1/4 of Section 8, T 1S , R.9E , City of Livonia, Wayne County,
Michigan, and such report having indicated 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 February 19, 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, April 28,
1997, 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
#191-97 RESOLVED, that the Council having considered a
communication from the City Engineer, dated February 24, 1997,
approved for submission by the Mayor, submitted pursuant to the
requirements set forth in Section 16 24 310 of the Livonia Code of
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Ordinances, as amended, wherein it is required that street lighting with
underground wiring shall be provided in all subdivisions in conformity with
the standards prescribed, and the City Engineer having ascertained the
assessed valuation of all property affected by the proposed improvement
with regard to Caliburn Manor Subdivision No 3, located in the Northeast
1/4 of Section 7, T 1S R.9E , City of Livonia, Wayne County, Michigan,
and such report having indicated 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
February 24, 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, April 28, 1997, 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
#192-97 RESOLVED, that the Council having considered a
communication from the City Engineer, dated February 18, 1997,
approved for submission by the Mayor, submitted pursuant to the
requirements set forth in Section 16 24 310 of the Livonia Code of
Ordinances, as amended, wherein it is required that street lighting with
underground wiring shall be provided in all subdivisions in conformity with
the standards prescribed, and the City Engineer having ascertained the
assessed valuation of all property affected by the proposed improvement
with regard to Sunset Subdivision, located in the Northwest 114 of Section
2, T IS , R.9E., City of Livonia, Wayne County, Michigan, and such report
having indicated 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
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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 February 18, 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, April 28, 1997, 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 Vandersloot, McGee, Taylor, Duggan, Feenstra, Brosnan, and
Laura.
NAYS None
On a motion by Duggan, seconded ay Feenstra, and unanimously
adopted, it was
#193-97 RESOLVED, that having considered the report and
recommendation of the Streets, Roads and Plats Committee, dated
February 24, 1997, submitted pursuant to Council Resolution 974-91, and
a communication from the City Assessor, dated November 22, 1991,
approved for submission by the Mayor, with regard to a request from Mrs
Catherine Orel, 14751 Cavell, Livonia, Michigan 48154, for a division and
combination of Tax Item Nos 46-093-99-0020-001 and 46-093-99-0020-
002 into two parcels, and a subsequent communication from Mrs Orel,
dated January 6, 1992, 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 determine to take no further action
with respect to this matter inasmuch as this request has been withdrawn
On a motion by Feenstra, seconded by Brosnan, and unanimously
adopted, it was
#194-97 RESOLVED, that having considered the report and
recommendation of the Legislative Committee, dated March 4, 1997,
submitted pursuant to Council Resolution 1012-96, and the report and
recommendation of the Department of Law, dated October 3, 1996,
approved for submission by the Mayor, submitted pursuant to Council
Resolutions 695-95 and 582-96, regarding the subject of the maintenance
of landscaped berms - extent of responsibility of homeowner associations,
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appropriate penalty clause and possibility of removing berms along Six
Mile Road where homeowners fail to properly maintain same, the Council
does hereby determine to take no further action with respect to this
matter
Feenstra gave first reading to 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
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.
On a motion by Feenstra, seconded by Brosnan, and unanimously
adopted, it was
#195-97 RESOLVED, that having considered the report and
recommendation of the Legislative Committee, dated March 4, 1997,
submitted pursuant to Council Resolution 1062-96, and a report and
recommendation of the Department of Law, dated March 3, 1997,
approved for submission by the Mayor, which submits proposed
amendments to Sections 2 08 and 2 10 of Article II, Section 4 03 of Article
IV and Section 10 02 of Article X of the Livonia Zoning Ordinance for the
purpose of establishing guidelines for bed and breakfast establishments,
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
On a motion by Feenstra, seconded by Brosnan, it was
#196-97 RESOLVED, that having considered the report and
recommendation of the Legislative Committee, dated March 4, 1997,
submitted pursuant to Council Resolution 1071-96, and a report and
recommendation of the Department of Law, dated October 17, 1996,
approved for submission by the Mayor, requesting signage to prohibit the
use of skateboards around City Hall and to raise the penalty for violation
of Section 10 87 020 of the Livonia Code of Ordinances, the Council
does hereby refer the matter of the prohibition against skateboard use on
sidewalks, ramps and steps around City Hall and other recreational
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activities that are similar in nature and the posting of appropriate signage
to the Department of Law to prepare an appropriate ordinance
amendment to Section 10 87 020 of the Livonia Code of Ordinances for
submission to Council
A roll call vote was taken on the foregoing resolution with the following result.
AYES Vandersloot, McGee, Taylor, Duggan, Feenstra, and Brosnan.
NAYS Laura.
The President declared the resolution adopted.
On a motion by Feenstra, seconded by Brosnan, it was.
#197-97 RESOLVED, that having considered the report and
recommendation of the Legislative Committee, dated March 4, 1997,
submitted pursuant to Council Resolution 1071-96, and a report and
recommendation of the Department of Law, dated October 17, 1996,
approved for submission by the Mayor, requesting signage to prohibit the
use of skateboards around City Hall and to raise the penalty for violation
of Section 10 87 020 of the Livonia Code of Ordinances, the Council does
hereby refer the matter of the increase in penalties for violations of
Section 10 87 020 to $10 00 civil infraction for first offenders, $25 00 for
the second offense and $50 00 for each subsequent offense to the
Department of Law to prepare an appropriate ordinance amendment to
Section 10 87 020 of the Livonia Code of Ordinances for submission to
Council
A roll call vote was taken on the foregoing resolution with the following result:
AYES Vandersloot, McGee, Taylor, Duggan, Feenstra, and Brosnan
NAYS Laura.
The President declared the resolution adopted
On a motion by Feenstra, seconded by Brosnan, and unanimously
adopted, it was
#198-97 RESOLVED, that having considered the report and
recommendation of the Legislative Committee, dated March 4, 1997,
submitted pursuant to Council Resolution 1102-96, and the report and
recommendation of the Inspection Department, dated October 30, 1996,
approved for submission by the Mayor, submitted pursuant to Council
Resolution 943-96, regarding the painting of the wall and sign at Village
Green Florist, 33239 Eight Mile Road, the Council does hereby request
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that the Inspection Department initiate enforcement proceedings to insure
compliance with the Livonia Zoning Ordinance with respect to the sign at
this location (increase in size of sign from 48 square feet to 180 square
feet)
On a motion by Feenstra, seconded by Brosnan, and unanimously
adopted, it was
#199-97 RESOLVED, that having considered the report and
recommendation of the Legislative Committee, dated March 4, 1997,
submitted pursuant to Council Resolution 1112-96, concerning the
general subject matter of the Hold Harmless contracts between the City of
Livonia and Hegira Programs, Inc. and First Step, the Council does
hereby determine to take no further action with respect to this matter
Taylor gave first reading to the following Ordinance, as amended.
AN ORDINANCE AMENDING SECTION 17 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 96-11-1-23)
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.
Feenstra gave first reading to the following Ordinance
AN ORDINANCE AMENDING SUBSECTION (j) OF
SECTION 18 50D OF ARTICLE XVIII OF ORDINANCE
NO 543, AS AMENDED, KNOWN AND CITED AS "THE
CITY OF LIVONIA ZONING ORDINANCE" (Petition 96-2-6-1)
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
On a motion by Brosnan, seconded by Vandersloot, and unanimously
adopted, it was
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#200-97 RESOLVED, that having considered a letter from Mr and
Mrs Gerald M Argue, Jr , dated February 11, 1997, requesting
elimination of the sidewalk requirement with respect to the new
construction located at 9181 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.
On a motion by Feenstra, seconded by Brosnan, it was.
#201-97 RESOLVED, that having considered a letter from Bayloff Die
& Machine Co , 34481 Industrial Road, dated January 30, 1997, wherein
it is indicated that Bayloff Die & Machine Co intends to transfer facilities
from 34481 Industrial Road and 35101 Schoolcraft, Livonia, Michigan, to
Van Buren Township, Michigan, and which further indicates that Bayloff
Die & Machine Co desires to obtain a 1974 P.A. 198 exemption for the
Industrial Road and Schoolcraft facilities, 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
A roll call vote was taken on the foregoing resolution with the following result:
ea. AYES Vandersloot, McGee, Taylor, Duggan, Feenstra, and Brosnan
NAYS Laura.
The President declared the resolution adopted
On a motion by Brosnan, seconded by Taylor, and unanimously adopted,
it was
#202-97 RESOLVED, that having considered a communication from
Michael J Gordon, Moiseev/Gordon Associates, Inc., dated February 24,
1997, requesting approval of the installation of a 4' x 8' ground mounted
sign for Kurtis Kitchen and Bath Center, 12500 Merriman Road, which
sign would be located in the right-of-way on the corner of the east service
road entrance off Merriman Road, the Council does hereby deny this
request since it is against public policy to allow privately-owned signs in
the public right-of-way
Michael Gordon, Moiseev/Gordon Associates, Inc. and Howard Kuretski, one of
the partners in the firm of Kurtis Kitchen, both addressed the need for the
aforementioned sign
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On a motion by Feenstra, seconded by Duggan, and unanimously
adopted, it was
#203-97 RESOLVED, that having considered the report and
recommendation of the Director of Community Resources, dated
February 13, 1997, which bears the signature of the Director of Finance
and is approved for submission by the Mayor, the Council does hereby
accept the unit bid price of Dearborn Litho, 12380 Globe, Livonia,
Michigan 48154, for printing the 16 page publication of the City
newsletter to be published four times a year, for the price of$4,950 00
per publication; FURTHER, the Council does hereby determine the
aforesaid bid to be a better bid than the bids submitted by Adair Printing
and Printwell since Dearborn Litho is a City-based firm entitled to an
equalization percentage credit, and the action taken herein being made
in accordance with Section 3 04 140E of the Livonia Code of
Ordinances, as amended
On a motion by Taylor, seconded by Brosnan, and unanimously adopted,
it was.
#204-97 RESOLVED, that having considered a communication from
the City Planning Commission, dated February 14, 1997, which transmits
its resolution 2-30-97, adopted on February 4, 1997, with regard to a Sign
Permit Application, submitted by Samiha Nassar, on behalf of Sunoco,
requesting approval to erect a ground sign for the gas station located at
28651 Plymouth Road in the Northwest 1/4 of Section 36, the Council
does hereby concur in the recommendation of the Planning Commission
and approve the said sign permit application, subject to the following
conditions.
1 That the Sign Package as received by the Planning Commission
on December 30, 1996, is hereby approved and shall be adhered
to,
2. That upon the erection of the new ground sign, all pricing
information shall be removed from the gas pump island canopy;
and
3 That the petitioner shall provide a site plan, including landscaping,
and shall remove the abandoned sign pole to ground level prior to
a new sign permit being issued
Taylor gave first reading to the following Ordinance
AN ORDINANCE ADDING SECTION 18 61 TO ARTICLE XVIII
OF ORDINANCE NO 543, AS AMENDED, KNOWN AND CITED
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AS "THE CITY OF LIVONIA ZONING ORDINANCE"
(Petition 96-10-6-5)
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 Taylor, and unanimously adopted,
it was.
#205-97 RESOLVED, that having considered a communication from
the City Planning Commission, dated December 12, 1996, which sets
forth its resolution 11-212-96 adopted on November 19, 1996, with regard
to Petition 96-10-6-6, submitted by the City Planning Commission to
determine whether or not to amend Section 11 03(h) of the Zoning
Ordinance and add Section 15 02(f) to the Zoning Ordinance relative to
micro-breweries and brew pubs, and the Council having conducted a
public hearing with regard to this matter on February 24, 1997, pursuant
to Council Resolution 27-97, the Council does hereby approve Petition
96-10-6-6 for preparation of the ordinance for submission to Council, and
the Department of Law is requested to prepare an ordinance amending
Ordinance 543, as amended, in accordance with this resolution
On a motion by Feenstra, seconded by Taylor, and unanimously adopted,
it was.
#206-97 RESOLVED, that having considered a communication from
the City Planning Commission, dated December 12, 1996, which sets
forth its resolution 11-212-96 adopted on November 19, 1996, with regard
to Petition 96-10-6-6, submitted by the City Planning Commission to
determine whether or not to amend Section 11 03(h) of the Zoning
Ordinance and add Section 15 02(f) to the Zoning Ordinance relative to
micro-breweries and brew pubs, and the Council having conducted a
public hearing with regard to this matter on February 24, 1997, pursuant
to Council Resolution 27-97, the Council does hereby refer this matter to
the Legislative Committee for its report and recommendation
On a motion by Feenstra, seconded by Taylor, and unanimously adopted,
it was.
#207-97 RESOLVED, that the Council does hereby refer the subject
of pending State legislation with respect to micro-breweries and brew
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pubs and any changes in the requirements thereto to the Department of
Law for its report and recommendation.
On a motion by Taylor, seconded by Duggan, and unanimously adopted,
it was
#208-97 RESOLVED, that having considered a communication from
the City Planning Commission, dated December 19, 1996, which sets
forth its resolution 12-230-96 adopted on December 10, 1996, and a
communication from Michael D Thomas, High-Tech Installation, dated
December 11, 1996, submitted on behalf of William Strickland, which in
accordance with the provisions of Section 19 08 of Ordinance No 543, as
amended, the Zoning Ordinance, takes an appeal from a determination
made on December 10, 1996, by the City Planning Commission in its
resolution 12-230-96 with regard to a permit application submitted by
William Strickland for a satellite dish antenna on property located at
16962 Stanmoor Drive in the Northeast 1/4 of Section 13, and the Council
having conducted a Public Hearing on February 24, 1997, pursuant to
Council Resolution 28-97, the Council does hereby concur in the
recommendation of the City Planning Commission and the said permit
application is hereby denied for the same reasons as those set forth in
the aforesaid recommendation of the Planning Commission
A communication from the Department of Law, dated March 10, 1997, re
municipal authority to regulate satellite dishes was received and placed on file for the
information of the Council
On a motion by Duggan, seconded by Brosnan, and unanimously
adopted, it was.
#209-97 RESOLVED, that having considered the report and
recommendation of the Department of Law, dated March 3, 1997, which
bears the signature of the Director of Finance and is approved for
submission by the Mayor, the Council does hereby authorize the
Department of Law to stipulate to the entry of the attached Consent
Judgment in the Wayne County Circuit Court Case No 94-404165-CC
providing for the taking of property located on the east side of Merriman
Road between Plymouth and Schoolcraft, 12300 Merriman, BE IT
FURTHER RESOLVED, that the Council does hereby appropriate the
total sum of $135,000 00, in addition to $37,00 00 previously paid, as just
compensation to the parties set forth below, inclusive of all attorney fees,
interest and costs, FURTHER, the Council does hereby authorize the
aforesaid sum of just compensation to be paid to S J Investment
Company, DML Food Distributors, Inc. a/k/a Distribution Management of
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Livonia, Inc. and Butzel Long, a professional corporation, their attorneys,
as well as Huntington Bank, as successor to Liberty State Bank,
FURTHER, the Council does hereby authorize the aforesaid sums to be
expended from the $12 Million General Obligation Road Improvement
Bond Issue for this purpose, and the City Clerk and City Treasurer are
hereby authorized to do all things necessary or incidental to the full
performance of this resolution
On a motion by Taylor, seconded by Brosnan, and unanimously adopted,
it was.
#210-97 RESOLVED, that having considered a communication from
the Department of Law, dated February 18, 1997, approved for
submission by the Mayor, transmitting for Council acceptance two (2)
Grants of Easement, more particularly described as:
(1) Grant of Easement dated March 30, 1995, executed by Victor and
Inga Cruz, to the City of Livonia, for
Storm Sewer Easement
Lots 4 and 5, Winfield Estates Subdivision, as recorded in Liber
69, Page 28, Wayne County Records, said subdivision being a part
of the N W 1/4 of Section 9, T 1 S , R. 9 E., Livonia Township
(now City of Livonia), Wayne County, Michigan (Sidwell No 034-
01-0004-001)
and
(2) Grant of Easement dated July 4, 1994, executed by Catherine
Giller to the City of Livonia, for
Storm Sewer Easement
The South twenty (20) feet of the West eighty (80) feet of the
following parcel of land
Lot 6, Winfield Estates Subdivision, as recorded in Liber 69, Page
28, Wayne County Records, said subdivision being a part of the
N W 1/4 of Section 9, T 1 S , R. 9 E., Livonia Township (now City
of Livonia), Wayne County, Michigan. (Sidwell No 034-01-0006-
000)
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
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do all other things necessary or incidental to fulfill the purpose of this
resolution
On a motion by Feenstra, seconded by Brosnan, and unanimously
adopted, it was.
#211-97 RESOLVED, that having considered a communication from
the City Librarian, dated February 13, 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 $6,085 00 from the sources
indicated therein for use by the Livonia Public Library as indicated in the
aforesaid communication.
City Clerk Joan McCotter announced to those in the viewing audience
that the printing revisions had been completed regarding the City Charter, which was
now available for $3 00 a copy
During audience communication, Paul Pierson, 33506 Nancy, stated his
concern about making a left turn from Farmington Road onto Ann Arbor Trail, which
intersection is in the Westland jurisdiction
Additionally, Councilmember Taylor wished everyone a "Happy St.
Patrick's Day "
On a motion by Taylor, seconded by Brosnan, and unanimously adopted,
this 1,340th Regular Meeting of the Council of the City of Livonia was adjourned at 8 45
p m., March 12, 1997
IL VI., Int
McCotter, City Clerk