Loading...
HomeMy WebLinkAboutCOUNCIL MINUTES 1995-12-04 29181 MINUTES OF THE ONE THOUSAND THREE HUNDRED AND TENTH REGULAR MEETING OF THE COUNCIL OF THE CITY OF LIVONIA On December 4, 1995, the above meeting was held at the City Hall, 33000 Civic Center Drive, Livonia, Michigan, and was called to order by the Vice President of the Council at 8 02 p m. Councilmember Feenstra delivered the invocation. Roll was called with the following result: Fernon P Feenstra, Sean P Kavanagh, Maureen Miller Brosnan, Laura M Toy, and Michael P McGee Absent: Dale A. Jurcisin and Gerald Taylor (representing the City in another capacity) Elected and appointed officials present: Robert D Bennett, Mayor; John Nagy, City Planner; Raul Galindo, City Engineer; Cathryn K. White, City Attorney; Joan McCotter, City Clerk, Karen A. Szymula, Director of Legislative Affairs, and Michael T Slater, Finance Director On a motion by Toy, seconded by Brosnan, and unanimously adopted, it was. #851-95 RESOLVED, that the minutes of the 1,309th Regular Meeting of the Council of the City of Livonia, held November 20, 1995, are hereby approved as submitted. Councilmember Kavanagh wished his son, Shane, a Happy 6th Birthday (which will occur on December 13) and his wife a Happy Anniversary (which is today). Council Vice President McGee congratulated City Clerk Joan McCotter on being appointed by the Secretary of State to serve on the Blue Ribbon Panel studying Michigan Election Law During the audience communication portion of the meeting, the following individuals spoke 29182 Marcus Bass, 18420 Fremont, Livonia - inquired about the possibility of making lids available for the City recycling containers, Robert Ryan, 33704 Lyndon, Livonia - addressed the possibility of amending the Silver Village lease to allow residents to keep cats and inquired as to the procedure he would have to follow in order to have this change instituted; George Boller, 36270 Hammer, Livonia - wanted to revisit the subject of the two- year residency requirement in the City Charter re elected and appointed officials, to which City Attorney White explained that by court decision, that requirement has been eradicated Michael Driscoll, 19229 Shadyside, Livonia - thanked the Council for the opportunity to speak during audience communication and stated he hoped the residents wouldn't lose that opportunity in the future, and also inquired about a response to his letter requesting a clarification on conflicts of interest pertaining to appointed and elected officials with ties to another government entity A communication from the Department of Law, dated November 16, 1995, re the Supreme Court decision in Grand Traverse County, et al v State of Michigan, et al , Supreme Court Case Nos 98712, 98714, Court of Claims No 88-12055-CM, was received and placed on file for the information of the Council A communication from the Director of Finance, dated November 20, 1995, re forwarding various financial statements of the City of Livonia for the month ending October 31 , 1995, was received and placed on file for the information of the Council A communication from the Department of Law, dated November 22, 1995, re Marcel Cihelka v City of Livonia, Marcel Bihan, Mary Bihan, Stanley Mann, Charleen Mann, Samuel Filippelli, Glenard Kett and Barbara Kett - Wayne County Circuit Court Case No 94-424686 AW, was received and placed on file for the information of the Council On a motion by Feenstra, seconded by Toy, and unanimously adopted, it was. 29183 #852-95 RESOLVED, that a communication from the Executive Director of the Livonia Housing Commission to Mr Robert Ryan, dated November 28, 1995, regarding his request to amend the Silver Village lease agreement to allow cats within this facility, was received and placed on file for the information of the Council At the direction of the Chair, Item #1 was removed from the Consent portion of the Agenda. On a motion by Kavanagh, seconded by Toy, it was #853-95 RESOLVED, that having considered the report and recommendation of the Mayor, dated November 15, 1995, with respect to the establishment of a telecommunications fund to address telecommunications issues and legislation, the Council does hereby authorize an appropriation of $25,000 00 from the Unexpended Fund Balance of Cable Fund 297 to be transferred to Account No 297-751- 818-005 and does further authorize payment from this account for legal representation, lobbyist efforts and other representation in the area of telecommunications/cable legislation, FURTHER, the Council does hereby authorize the action herein without competitive bidding in accordance with Section 3 04 140D of the Livonia Code of Ordinances, as amended #854-95 RESOLVED, that having considered the report and recommendation of the Director of Finance, dated November 15, 1995, approved for submission by the Mayor, requesting a budget adjustment for Fiscal Year 1995-96 for capital improvements to the Eddie Edgar Ice Arena, the Council does hereby authorize said budget adjustment, and the transfer of $25,000 00 from the General Fund Unexpended Fund Balance to Account No 101-715-976-000, Capital Outlay - Building Improvements is hereby approved #855-95 RESOLVED, that having considered a communication from the Department of Law, dated November 6, 1995, which bears the signature of the Finance Director and is approved for submission by the Mayor, with respect to a request submitted by B J 's of Michigan, Inc. to renew its sublease agreement with the City (Fox Creek Golf Course Restaurant), the Council does hereby refer this item to the Committee of the Whole for its report and recommendation #856-95 RESOLVED, that the Council does hereby refer the matter of the condition of pavement on Curtis west of Middlebelt Road to the Engineering Department for its report and recommendation. 29184 #857-95 RESOLVED, that the Council does hereby refer the matter of possible excess window signage at Showerman's Party Store, 15333 Merriman Road, to the Inspection Department (Ordinance Enforcement Division) for its report and recommendation. #858-95 RESOLVED, that the Council does hereby refer the matter of possible excess window signage at Veri Party Store, 34395 Plymouth Road, to the Inspection Department (Ordinance Enforcement Division) for its report and recommendation. #859-95 RESOLVED, that the Council does hereby refer the matter of possible excess window signage at Danny's Market, 17200 Farmington Road, to the Inspection Department (Ordinance Enforcement Division) for its report and recommendation #860-95 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 22, 1996, at 7 00 p m at the City Hall, 33000 Civic Center Drive, Livonia, Michigan, with respect to the following item Petition 95-8-1-19, submitted by Louis J Capra for a change of zoning of property located north of Bretton Road between Melvin and Oporto Avenues in the Southeast 1/4 of Section 2, from RUFA to R-1, the City Planning Commission in its resolution 10-221-95 having recommended to the City Council that Petition 95-8-1-19 be approved, FURTHER, the City Clerk is hereby requested to, no less than fifteen (15) days prior to the aforesaid date of said public hearing, cause to have a statement indicating the (a) nature of the proposed amendment to the Zoning Ordinance, and/or (b) location of the proposed change of zoning as set forth above, first to be published in the official newspaper of the City or a newspaper of general circulation in the City of Livonia as well as to, not less than fifteen (15) days prior to said public hearing, cause to have notice to be given by certified mail to each public utility company and to each railroad company owning or operating any public utility or railroad within the districts or zones affected; and FURTHER, the City Clerk is requested to do all other things necessary or incidental to the full performance of this resolution A roll call vote was taken on the foregoing resolutions with the following result: AYES Feenstra, Kavanagh, Brosnan, Toy, and McGee 29185 NAYS None On a motion by Brosnan, seconded by Kavanagh, and unanimously adopted, it was #861-95 RESOLVED, that having considered the report and recommendation of the Chairperson of the Livonia Arts Commission and the Director of Community Resources, dated November 15, 1995, which bears the signature of the Finance Director and is approved for submission by the Mayor, the Council does hereby approve the payment of an additional amount of $2,500 00 to Frank Varga and Varga Sculpturing Studio, 296 N E 6th Avenue, Delray Beach, Florida 33483, for the additional cost of a bronze bench in lieu of a cast stone bench in connection with the outdoor sculpture approved in Council Resolution 458-95, the same to be appropriated and expended from the Arts Commission Trust Fund, FURTHER, the Council does, for and on behalf of the City of Livonia, accept cash donations for such sculpture in the amount of $2,287 33 from the sources indicated in the aforesaid communication and the donation of $1,000 00 in labor and materials for the sculpture foundation from Sheridan Construction Company Kavanagh gave first reading to the following Ordinance AN ORDINANCE AMENDING SECTION 6 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 94-8-1-18) 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. #862-95 RESOLVED, that having considered a communication from the Department of Community Resources, dated November 15, 1995, approved as to form by the City Attorney, and approved for submission by the Mayor, which transmits its resolution 237-95 adopted by the Cable Television Commission on November 6, 1995, regarding approval of a proposed amendment to Exhibit (D)(A)(2) of Cable Television Franchise Ordinance 1685, the Council does hereby refer this matter to the Department of Law to prepare an appropriate ordinance amendment to 29186 Exhibit (D)(A)(2) of the Cable Television Franchise Ordinance 1685 for submission to Council On a motion by Toy, seconded by Feenstra, and unanimously adopted, it was. #863-95 RESOLVED, that having considered the report and recommendation of the Director of Finance, dated November 15, 1995, approved for submission by the Mayor, wherein it is requested that payment be authorized to the Internal Revenue Service for arbitrage rebate calculations, the Council does hereby authorize an appropriation in the sum of$35,097 33 from the Unexpended Fund Balance and payment to the Internal Revenue Service to be paid by the following sources* Newburgh Village Fund 294 $ 17,576 75 1990 SAD Fund 886 4,732.21 1990 Street Improvement Fund 486 12,788 37 On a motion by Kavanagh, seconded by Toy, and unanimously adopted, it was #864-95 RESOLVED, that the Council does hereby refer the subject of arbitrage rebate calculations to the Committee of the Whole for its report and recommendation The Vice President relinquished the Chair to Senior Councilmember Feenstra at 8 27 p m. On a motion by McGee, seconded by Brosnan, and unanimously adopted, it was. #865-95 WHEREAS, the purpose of the newly-created Livonia Community Foundation is to provide a stable, substantial and long-term source of funding for various civic, charitable and cultural needs of the community; and WHEREAS, the Livonia Community Foundation is a means to supplement monies available through traditional funding sources; and WHEREAS, ail donations to the Livonia Community Foundation are held in trust and the income from said trust is used for community foundation purposes The source of said funding includes private donations from individuals and/or their estates, and business entities, including partnerships and corporations, and 29187 WHEREAS, donations to the Livonia Community Foundation receive preferential treatment under Michigan tax law, and donors to the Livonia Community Foundation will help provide for Livonia's future and may direct the use of the donations, according to the donor's particular interests, and WHEREAS, the Livonia Community Foundation, in this season of goodwill, charity and generosity is seeking donations from individuals and businesses in order to create a permanent source of funding for various community needs, NOW, THEREFORE, BE IT RESOLVED, that the Mayor and Members of the City Council hereby proclaim the month of December, 1995 to be Livonia Community Foundation Month and encourage any and all able and willing to contribute, to give generously to the Livonia Community Foundation The Vice President resumed the Chair at 8 29 p m. On a motion by Kavanagh, seconded by Feenstra, it was #866-95 RESOLVED, that having considered a communication from Council Vice President Michael P McGee, dated October 31, 1995, to which is attached a petition from various residents concerning the matter of amending and/or establishing a City ordinance "grandfathering" existing residential property owners from having sidewalks mandated, the Council does hereby deny this request. A roll call vote was taken on the foregoing resolution with the following result: AYES Feenstra, Kavanagh, Brosnan, and Toy NAYS McGee The Vice President declared the resolution adopted. From the audience, Lynn Seaton, 29105 Bretton, Livonia, expressed her opposition to having sidewalks being mandatory, and Georgia Kapsalis, 31445 Seven Mile Road, Livonia, questioned why this subject matter wasn't being referred to the Committee of the Whole for further consideration On a motion by Feenstra, seconded by Brosnan, it was: 29188 RESOLVED, that the Council does hereby refer the matter of the possible amendment of Section 050 of Chapter 4, Title 2 (Meetings - Order of Business) of the Livonia Code of Ordinances, as amended, to the Department of Law to prepare an appropriate ordinance amendment addressing recommended changes to rules and procedures pertaining to audience communication, the same to thereafter be submitted to the Legislative Committee for its report and recommendation. Kavanagh offered a friendly amendment to the foregoing resolution with the following result: #867-95 RESOLVED, that the Council does hereby refer the matter of the possible amendment of Section 050 of Chapter 4, Title 2 (Meetings - Order of Business) of the Livonia Code of Ordinances, as amended, regarding possible changes to rules and procedures pertaining to audience communication to the Legislative Committee for its report and recommendation AYES Feenstra, Kavanagh, Brosnan, Toy, and McGee NAYS None The Vice President declared the resolution as amended adopted From the audience, the following individuals commented on this matter. Paul Pierson, 33506 Nancy, Livonia - expressed his opinion of the need to maintain the audience communication portion of meetings, Mike Driscoll, 19229 Shadyside, Livonia - submitted a communication to the Council regarding this subject matter, asking that the Council reject any limiting of free speech during the meetings, and Ralph Williams, 18630 Foch, Livonia - asked for a clarification of the adopted resolution's content. On a motion by Feenstra, seconded by Toy, and unanimously adopted, it was #868-95 RESOLVED, that having considered a communication from the City Planning Commission, dated August 31, 1995, which sets forth its resolution 8-155-95, adopted on August 15, 1995, with regard to Petition 95-5-1-10, submitted by Louis Bitoff, Jr , for a change of zoning of property located on the north side of Seven Mile Road between Bethany Road and Victor Parkway in the Southeast 1/4 of Section 6, from RUFC to OS, and the Council having conducted a public hearing with regard to this 29189 matter on Wednesday, November 15, 1995, pursuant to Council Resolution 645-95, the Council does hereby concur in the recommendation of the Planning Commission and Petition 95-5-1-10 is hereby denied for the following reasons 1 That the proposed change of zoning will not provide for a comprehensive land use solution for the subject property and all adjacent properties in the area, 2 That the proposed change of zoning is incompatible to and not in harmony with the surrounding uses and zoning districts in the area, 3 That the proposed change of zoning would provide for spot zoning in the area, and 4 That the subject property lacks the size and dimensions to permit the development of uses permitted by the proposed OS zoning district. On a motion by Feenstra, seconded by Toy, and unanimously adopted, it was. #869-95 RESOLVED, that the Council does hereby refer the matter of the possibility of a more appropriate residential zoning classification for property located on the north side of Seven Mile Road between Bethany Road and Victor Parkway in the Southeast 1/4 of Section 6 to the Planning Commission to hold a public hearing regarding same On a motion by Feenstra, seconded by Toy, and unanimously adopted, it was #870-95 RESOLVED, that having considered a communication from the City Planning Commission, dated August 31, 1995, which sets forth its resolution 8-156-95, adopted on August 15, 1995, with regard to Petition 95-7-1-13, submitted by the City Planning Commission, for a change of zoning of property located on the east side of Newburgh Road, south of Ann Arbor Trail, in the Northwest 1/4 of Section 32, from RUF and OS to R-6, and the Council having conducted a public hearing with regard to this matter on November 15, 1995, pursuant to Council Resolution 645- 95, the Council does hereby reject the recommendation of the Planning Commission and Petition 95-7-1-13 is hereby denied for the following reasons 1 That the proposed change of zoning is inconsistent with the existing single family residences currently established on the west side of Newburgh Road in the area, and 29190 2 That the subject property can be developed for single family residences consistent with other uses in the area. On a motion by Feenstra, seconded by Brosnan, it was #871-95 RESOLVED, that having considered a communication from the City Planning Commission, dated October 2, 1995, which sets forth its resolution 9-179-95, adopted on September 26, 1995, with regard to Petition 95-7-1-14, submitted by the City Planning Commission for a change of zoning of property located on the south side of Five Mile Road between Hubbard Road and Fairfield, in the Northwest 1/4 of Section 22, from C-2 to OS, and the Council having conducted a public hearing with regard to this matter on November 27, 1995, pursuant to Council Resolution 725-95, the Council does hereby approve Petition 95-7-1-14 for preparation of the ordinance for submission to Council, and the City Planner is hereby instructed to cause the necessary map for publication to be prepared indicating the zoning change herein approved and to furnish the same to the Department of Law and, upon receipt of such map, the Department of Law is requested to prepare an ordinance amending Ordinance 543, as amended, in accordance with this resolution A roll call vote was taken on the foregoing resolution with the following result: AYES Feenstra, Brosnan, Toy, and McGee NAYS Kavanagh The Vice President declared the resolution adopted On a motion by Feenstra, seconded by Toy, it was #872-95 RESOLVED, that the Council does hereby refer the matter of the parcel currently zoned C-2, which is located immediately west of the property addressed in Petition 95-7-1-14 on the south side of Five Mile Road between Hubbard Road and Fairfield in the Northwest 1/4 of Section 22, to the Planning Commission to hold a public hearing to determine a more appropriate zoning classification A roll call vote was taken on the foregoing resolution with the following result: AYES Feenstra, Brosnan, Toy, and McGee NAYS Kavanagh The Vice President declared the resolution adopted 29191 On a motion by Feenstra, seconded by Toy, and unanimously adopted, it was #873-95 RESOLVED, that having considered a communication from the City Planning Commission, dated October 2, 1995, which sets forth its resolution 9-182-95, adopted on September 26, 1995, with regard to Petition 95-8-1-17, submitted by Leo Soave for a change of zoning of property located north of Ann Arbor Trail between Stark and Farmington Roads in the Southeast 1/4 of Section 33, from RUF to R-16, and the Council having conducted a public hearing with regard to this matter on November 27, 1995, pursuant to Council Resolution 725-95, the Council does hereby approve Petition 95-8-1-17 for preparation of the ordinance for submission to Council, and the City Planner is hereby instructed to cause the necessary map for publication to be prepared indicating the zoning change herein approved and to furnish the same to the Department of Law and, upon receipt of such map, the Department of Law is requested to prepare an ordinance amending Ordinance 543, as amended, in accordance with this resolution On a motion by Feenstra, seconded by Brosnan, and unanimously adopted, it was #874-95 WHEREAS, the City Clerk has received an Application for Industrial Facilities Exemption Certificate from Garrett Tool & Engineering, dated October 4, 1995, covering the expansion of industrial facilities and the purchase of additional machinery and equipment located within City of Livonia Industrial Development District No 58, and WHEREAS, the City Clerk has notified in writing the Assessor of the City of Livonia as well as the legislative body of each taxing unit which levies ad valorem property taxes in the local governmental unit in which the proposed facility is to be located, i e , the City of Livonia, and advised each of them that the said Application has been received; and WHEREAS, the City Council has afforded Garrett Tool & Engineering, the Assessor, and a representative of each of the affected taxing units an opportunity for a hearing on this Application and said hearing having in fact been conducted at 7 00 p m , Monday, November 27, 1995, at the Livonia City Hall, 33000 Civic Center Drive, Livonia, Michigan. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF LIVONIA AS FOLLOWS 1 That the City Council, on the basis of the information received from the applicant, Garrett Tool & Engineering, finds and determines (a) that the granting of this industrial facilities exemption certificate 29192 shall not have the effect of substantially impeding the operation of the local governmental unit or impairing the financial soundness of any taxing unit which levies an ad valorem property tax in the local governmental unit in which the facility is to be located; and (b) the applicant has fully complied with the requirements of Section 9, Act No 198, P.A. 1974, as amended. 2. That the City Council hereby approves the Application for Industrial Facilities Exemption Certificate from Garrett Tool & Engineering covering the expansion of industrial facilities and the purchase of machinery and equipment located within the City of Livonia Industrial Development District No. 58, for 12 years 3 That in accordance with the requirements of Section 22, Act 198, P A. 1974, as amended, wherein a Letter of Agreement between the applicant and the City is required in order to clarify the understanding and the commitment between the applicant and the Board upon approval of an Industrial Facilities Exemption Certificate, the Council hereby authorizes the Mayor and City Clerk to sign such Letter of Agreement as duly executed by the applicant and incorporate such Letter of Agreement as part of the documentation required to process applications for Industrial Facilities Exemption Certificates No one from the audience wished to speak during the audience communication portion of the meeting. On a motion by Toy, seconded by Brosnan, and unanimously adopted, this 1,310th Regular Meeting of the Council of the City of Livonia was adjourned at 9.07 p m., December 4, 1995 CIA OF/ Jan McCotter, City Clerk