HomeMy WebLinkAboutCOUNCIL MINUTES 1993-09-15 27845
MINUTES OF THE ONE THOUSAND TWO HUNDRED AND FIFTY-SIXTH
lioREGULAR MEETING OF THE COUNCIL OF THE CITY OF LIVONIA
On September 15, 1993, 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 03 p m Councilmember Kavanagh
delivered the invocation
Roll was called with the following result Sean P Kavanagh, Ron
Ochala, Laura M. Toy, Dale A Jurcisin, Fernon P. Feenstra, Michael P.
McGee, and Gerald Taylor Absent None
Elected and appointed officials present Robert D. Bennett,
Mayor; Gary D. Clark, Assistant City Engineer; John Nagy, City Planner;
Harry Tatigian, City Attorney; Joan McCotter, City Clerk; Karen A. Szymula,
Director of Legislative Affairs; Robert J Beckley, Director of Public
Works; Ronald Reinke, Superintendent of Parks and Recreation; Jeanne Treff,
Cable Television Director; James Andres, Chief Accountant; Suzanne Wisler,
Director of Community Resources; Laura Callow, Human Relations Commission;
Andrea Taylor, Arts Commission; Lt Steve Fulgham, Police Department; and
Robert Alanskas, Planning Commission
On a motion by Toy, seconded by McGee, and unanimously adopted,
it was:
#752-93 RESOLVED, that the minutes of the 1,255th Regular
Meeting of the Council of the City of Livonia, held August 30,
1993, are hereby approved as submitted
Councilmember McGee presented the following resolution to Laura
Callow of the Human Relations Commission
On a motion unanimously introduced, supported and adopted, it
was:
1r..
27846
#753-93 WHEREAS, domestic violence adversely affects countless
families in our country annually including people of all ages,
races, religions, educational levels, economic groups and
life-styles; and
WHEREAS, nationally, more than one million women a year seek
medical assistance for injuries caused by spouse abuse and in
Michigan alone, police agencies received reports by 27,204
victims of domestic violence in 1991--an estimated one in ten of
actual assaults; and
WHEREAS, children are also often victims of domestic assault and
those who experience violence in their homes are at a much
greater risk for becoming abusers when they are adults; and
WHEREAS, October has been designated national Domestic Violence
Awareness Month to focus attention on this serious problem; and
WHEREAS, beginning with increasing efforts to educate the
public, the Livonia Human Relations Commission and many other
dedicated groups and individuals are working to help end the
cycle of domestic violence
NOW, THEREFORE, BE IT RESOLVED, that the City Council and Mayor
Robert D Bennett, hereby proclaim the month of OCTOBER 1993 AS
DOMESTIC VIOLENCE AWARENESS MONTH IN THE CITY OF LIVONIA and urge
all citizens to join in the efforts to solve the problem of
domestic violence
On a motion by Feenstra, seconded by Toy, it was
#754-93 WHEREAS, the passage of Senate Bill 1 has already
created a need for the State Legislature to provide replacement
funding for the operation of schools; and
WHEREAS, Senate Bill 1 has significantly impacted the City of
Livonia as it eliminates the local and intermediate school tax
collections, thereby causing a revenue loss of approximately
$182,000 in the 1993-94 fiscal year and approximately $273,000
per year thereafter in the tax collection fees; and
WHEREAS, the "one-year delay" in future assessment increases
will affect the fiscal 1994-95 City of Livonia Budget in an
estimated loss of potential revenues of up to $1,045,000; and
WHEREAS, House Bill 4976 which would eliminate personal property
taxation is currently under consideration by the House Taxation
Committee; and
WHEREAS, House Bill 4576 which would phase out personal property
taxation by exempting new acquisitions is currently under
consideration by the House Taxation Committee; and
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WHEREAS, House Bill 4576 and House Bill 4976 would eliminate the
collection of property taxes and all personal property effective
January 1, 1994; and
WHEREAS, the passage of House Bill 4576 and House Bill 4976
would cause a severe revenue loss estimated to be $5,698,000 to
the City of Livonia.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City
of Livonia goes on record as being strongly opposed to the
passage of House Bills 4976 and 4576
BE IT FURTHER RESOLVED, that copies of this resolution be sent to
Governor Engler, members of the House Taxation Committee, State
Representative Lyn Bankes, State Representative Jerry Vorva,
State Senator Robert Geake, and the MML State and Federal Affairs
Division
ELECTED OFFICIAL TO REPRESENT CITY OF LIVONIA ON THIS ISSUE:
Michael P McGee (to give testimony) and Dale A. Jurcisin (as
alternate).
A roll call vote was taken on the foregoing resolution with the following
result:
AYES: Toy, Jurcisin, Feenstra, McGee, and Taylor
NAYS: Kavanagh and Ochala
The President declared the resolution adopted
At the direction of the Chair, a communication from the Office of
the Mayor, dated September 15, 1993, re the preliminary budget for the
fiscal year 1993-1994 was received and placed on file for the information
of the Council
During the audience communication portion, Cathy and Paul
Sorrell, 19553 Parker, Livonia, MI spoke in favor of the privatization of
the E M S. service in order to have the capacity for advanced life support.
On a motion by Kavanagh, seconded by Toy, and unanimously
adopted, it was:
#755-93 RESOLVED, that having considered a presentation made by
Cathy Sorrell and Paul Sorrell at the Regular Meeting of
September 15, 1993, with regard to the City providing "advanced"
E M S service, the Council does hereby request that the Mayor
and Fire Chief submit their respective reports and
recommendations
27848
A communication from the Department of Law, dated August 30,
1993, re: Bianconi v City of Livonia, Zoning Board of Appeals of the City
of Livonia and David Woodcox, Wayne County Circuit Court Civil Action No.
92-231883-AW was received and placed on file for the information of the
Council
On a motion by Ochala, seconded by Kavanagh, it was
#756-93 RESOLVED, that having considered Petition 93-8-3-3,
submitted by Claude Guill, 9219 Deering, dated August 21, 1993,
wherein a request is submitted for the vacating of a ten foot
easement located on the north boundary line of the subject
property, being Lot 30 of Joy Road Cozy Homesites Subdivision,
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
A communication from the Inspection Department, dated August 26,
1993, re: the condition of the property at Bainbridge and Lyndon was
received and placed on file for the information of the Council (CR 656-93)
#757-93 RESOLVED, that having considered the report and
recommendation of the Chief of Police, dated August 20, 1993,
wherein it is recommended that the City enact an ordinance
governing the sale of cigarettes and/or tobacco products to
minors, similar to MCL 722 641, the Council does hereby refer
this item to the Department of Law for the preparation of the
proposed ordinance for submission to Council
#758-93 RESOLVED, that having considered a communication from
the City Planning Commission, dated June 30, 1993, which
transmits its resolution 6-134-93, with regard to a Sign Permit
Application submitted by Creative Designs & Signs, in behalf of
Realty Executives, requesting approval for one ground sign for
property located at 18927 Farmington Road in Section 9, and
having also considered a letter dated September 3, 1993, from the
the President/Broker of Realty Executives Metro, Inc. , indicating
that the petitioner requests that this Sign Permit Application be
withdrawn, the Council does hereby determine to take no further
action with respect to this item
A communication from the Office of the City Clerk, dated August
30, 1993, re the rate of tax for 1993 received from the Board of
Education of the Wayne County Regional Educational Service Agency was
received and placed on file for the information of the Council.
27849
#759-93 RESOLVED, that having considered a report and
recommendation from Councilmember Laura Toy on September 8, 1993,
wherein it is proposed that an ordinance be enacted to prohibit
the housing of exotic animals, such as snakes, on residential
property, the Council does hereby refer this item to the
Department of Law for its report and recommendation, including
the preparation of the said ordinance for submission to Council
if deemed appropriate
#760-93 RESOLVED, that in accordance with the provisions set
forth in Section 4 of Act 207 of the Public Acts of Michigan of
1921, as amended, the City Zoning Act (MSA 5.2934; MCLA 125 584),
as well as Article XXIII of Ordinance 543, as amended, the Zoning
Ordinance of the City of Livonia, the Council does hereby
determine that a public hearing will take place before the City
Council of the City of Livonia on Wednesday, October 27, 1993, at
7:00 p m at the City Hall, 33000 Civic Center Drive, Livonia,
Michigan, with respect to the following item:
Petition 93-7-1-11, submitted by the City Planning
Commission, pursuant to Council Resolution 446-93, for a
change of zoning on property located on the north side of
Seven Mile Road between Bicentennial Drive and Fitzgerald
Avenue in the Southwest 1/4 of Section 5, from RUFA and PL
to R-3, the City Planning Commission in its resolution
8-158-93 having recommended to the City Council that
Petition 93-7-1-11 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: Kavanagh, Ochala, Toy, Jurcisin, Feenstra, McGee, and
Taylor
NAYS: None
(REVISED - SEE #761-93)
27850
On a motion by Jurcisin, seconded by Kavanagh, and unanimously
iwo adopted, it was:
#761-93 RESOLVED, that having considered the report and
recommendation of the Committee of the Whole, dated August 31,
1993, in connection with a communication from the City Assessor,
dated July 2, 1993, approved for submission by the Mayor Pro-Tem,
with regard to a request from Raymond M. Galasso, 20150
Rensellor, Livonia, Michigan 48152, and in accordance with the
provisions of 1967 PA 288, as amended, as well as Section 18 46
of Ordinance 543, as amended, the Council does hereby approve of
the proposed division of Tax Item No. 46 001 04 0052 000
(includes Lots 53 and 54) into three parcels, the legal
descriptions of which shall read as follows:
Lot 52, The Argonne Subd'n of part of the NE 1/4 of Section
1, T. 1 S. , R 9 E. , Livonia Twp. , Wayne County, Michigan.
Rec'd L. 40, P. 5 Plats, W.C.R (Now City of Livonia)
Lot 53, The Argonne Subd'n of part of the NE 1/4 of Section
1, T. 1 S. , R. 9 E. , Livonia Twp. , Wayne County, Michigan
Rec'd L 40, P. 5 Plats, W.0 R. (Now City of Livonia)
Lot 54, The Argonne Subd'n of part of the NE 1/4 of Section
1, T. 1 S. , R. 9 E. , Livonia Twp. , Wayne County, Michigan.
Rec'd L. 40, P 5 Plats, W.C.R. (Now City of Livonia)
as shown on the map attached to the aforesaid communication which
is made a part hereof by reference; and the City Clerk is hereby
requested to cause a certified copy of this resolution to be
recorded in the Office of the Wayne County Register of Deeds;
provided, however, that to the extent required by law and City
ordinance, the action herein is made subject to the approval of
the Zoning Board of Appeals.
A communication from the General Manager of MetroVision of
Livonia, Inc. , dated August 11, 1993, which requests an opportunity to
update the Council on the status of the Cable Act and the effect of rate
regulation which is authorized to commence September 1, 1993, was received
and placed on file for the information of the Council. (CR 685-93)
On a motion by McGee, seconded by Feenstra, and unanimously
adopted, it was:
#762-93 RESOLVED, that having considered the report and
recommendation of the Committee of the Whole, dated September 1,
1993, and submitted pursuant to Council Resolution 241-90 in
27851
connection with a communication from the Director of Public
Relations for Michigan Bell, 31100 Plymouth, Room 202, Livonia,
Michigan 48150, dated February 15, 1990, requesting support with
respect to proposed legislation entitled the Consumer
Telecommunications Services Act, the Council does hereby
determine to take no further action.
On a motion by Feenstra, seconded by McGee, it was:
#763-93 RESOLVED, that having considered the report and
recommendation of the Committee of the Whole, dated September 1,
1993, and submitted pursuant to Council Resolution 318-90, with
respect to the 5% increment factor set forth in Section 3 08.260
of the Livonia Code of Ordinances with regard to the disposition
of excess funds in connection with special assessment projects,
the Council does hereby request that the Department of Law submit
its report and recommendation on whether the aforesaid provision
is in full compliance with Chapter VIII, Section 17 of the City
Charter
A roll call vote was taken on the foregoing resolution with the following
result
AYES Kavanagh, Ochala, Jurcisin, Feenstra, McGee, and Taylor
NAYS: Toy
The President declared the resolution adopted
On a motion by Feenstra, seconded by Toy, and unanimously
adopted, it was
#764-93 RESOLVED, that having considered the report and
recommendation of the Committee of the Whole, dated September 1,
1993, and submitted pursuant to Council Resolution 649-90 in
connection with a communication from the City Planning
Commission, dated April 3, 1990, which sets forth its resolution
3-323-90, adopted on March 27, 1990, with regard to Petition
90-1-1-1, submitted by Elio and Rafaela Giovannone and Guiseppe
and Lucia D'Aguanno for a change of zoning on property located at
the southeast corner of Middlebelt Road and St Martins Avenue in
the Southwest 1/4 of Section 1, from C-1 to C-2, and the Council
having conducted a public hearing with regard to this matter on
June 27, 1990, pursuant to Council Resolution 405-90, the Council
does hereby concur in the recommendation of the Planning
Commission and Petition 90-1-1-1 is hereby denied for the same
reasons as those set forth in the aforesaid recommendation of the
Planning Commission
27852
The report and recommendation of the Acting Chief of Police,
dated July 27, 1993, re the matter of perpendicular parking adjacent to
33305 Seven Mile Road was received and placed on file for the information
of the Council. (CR 700-91)
On a motion by Feenstra, seconded by McGee, and unanimously
adopted, it was:
#765-93 RESOLVED, that having considered the report and
recommendation of the Committee of the Whole, dated September 1,
1993, and submitted pursuant to Council Resolution 700-91 with
regard to the matter of perpendicular parking adjacent to 33305
Seven Mile Road, the Council does hereby request that the Mayor
submit a report and recommendation with respect to the
feasibility of developing a plan to alleviate this parking
problem; and the Inspection Department is also requested to
submit a report and recommendation with respect to any ordinance
violations which may exist by reason of such perpendicular
parking on the public right-of-way of this property
A report and recommendation from the Acting Chief of Police,
dated July 27, 1993, re the matter of perpendicular parking adjacent to
33014 Five Mile Road was received and placed on file for the information of
the Council. (CR 702-91)
On a motion by Feenstra, seconded by Toy, and unanimously
adopted, it was
#766-93 RESOLVED, that having considered the report and
recommendation of the Committee of the Whole, dated September 1,
1993, and submitted pursuant to Council Resolution 702-91 with
respect to the matter of perpendicular parking adjacent to 33014
Five Mile Road, the Council does hereby request that the Traffic
Commission adopt an appropriate traffic regulation which would
provide for the posting of signs which prohibit perpendicular
parking and provide for parallel parking only; and the Inspection
Department is also requested to submit a report and
recommendation with respect to any ordinance violations which may
exist by reason of such perpendicular parking on the public
right-of-way of this property
On a motion by Toy, seconded by Kavanagh, and unanimously
adopted, it was
27853
#767-93 RESOLVED, that having considered the report and
recommendation of the Committee of the Whole, dated September 1,
1993, and submitted pursuant to Council Resolution 756-91, in
connection with a communication from the City Planning
Commission, dated August 23, 1991, which sets forth its
resolution 8-142-91, adopted on August 20, 1991, with regard to
Petition 91-7-2-21, submitted by Gary M. Darby, requesting waiver
use approval to operate an automotive repair facility, to be
located on the north side of Ann Arbor Road between Ann Arbor
Trail and Hix Road in the Northeast 1/4 of Section 31, which
property is zoned C-2, the Council does hereby concur with the
recommendation of the Planning Commission and Petition 91-7-2-21
is hereby approved and granted, subject to the following
conditions
1) That the Sign Plan dated 8-8-91, as revised, prepared by
Darby's Auto Service, which is hereby approved, shall be
adhered to;
2) That a landscaping plan shall be submitted to the Planning
Commission for its approval within thirty days of the date
of this resolution; and
3) That any signage which is proposed for this site shall be
submitted to the Planning Commission and City Council for
their approval prior to the issuance of a sign permit by the
Building Department
At the direction of the Chair, Agenda Item 9g re: recommended
facility security improvements and new procedures with regard to cash
receivables is to remain in the Committee of the Whole (CR 612-93)
Feenstra gave first reading to the following Ordinance
AN ORDINANCE AMENDING SECTION 1 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 93-4-1-5)
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
Kavanagh gave first reading to the following Ordinance:
27854
AN ORDINANCE AMENDING SECTION 31 OF THE ZONING
iim
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 93-3-1-3)
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.
Ochala gave first reading to the following Ordinance:
AN ORDINANCE AMENDING SECTION 31 OF THE ZONING
MAP OF THE CITY OF LIVONIA AND AMENDING ARTICLE III
OF ORDINANCE NO 543, AS AMENDED, uNOWN AND CITED
AS "THE CITY OF LIVONIA ZONING ORDINANCE" BY
ADDING SECTION 3 THERETO (Petition 93-3-1-4)
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
iwe word repeated herein The above Ordinance was placed on the table for
consideration at the next regular meeting
McGee gave first reading to the following Ordinance:
AN ORDINANCE AMENDING SECTION 18 47 OF ARTICLE XVIII
OF ORDINANCE NO 543, AS AMENDED, KNOWN AND CITED
AS "THE CITY OF LIVONIA ZONING ORDINANCE"
(Petition 93-3-6-2)
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
Ochala gave first reading to the following Ordinance:
AN ORDINANCE AMENDING SECTIONS 9 06 OF ARTICLE IX,
10 06 OF ARTICLE X, 11 06 OF ARTICLE XI, 25.07 OF
ARTICLE XXV, 26 07 OF ARTICLE XXVI AND 30 07 OF
ARTICLE XXX OF ORDINANCE NO 543, AS AMENDED, KNOWN
AND CITED AS "THE CITY OF LIVONIA ZONING ORDINANCE"
(Petition 93-3-6-3)
27855
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
Ochala gave first reading to the following Ordinance:
AN ORDINANCE AMENDING SECTION 21 10 OF ARTICLE XXI
OF ORDINANCE NO 543, AS AMENDED, KNOWN AND CITED AS
"THE CITY OF LIVONIA ZONING ORDINANCE"
(Petition 92-9-6-5)
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
Jurcisin took from the table, for second reading and adoption,
the following Ordinance
AN ORDINANCE ADDING SECTION 110 TO TITLE 5,
CHAPTER 66 (PEDDLERS, TRANSIENT MERCHANTS AND
SOLICITORS) OF THE LIVONIA CODE OF ORDINANCES,
AS AMENDED
A roll call vote was taken on the foregoing Ordinance with the following
result
AYES: Kavanagh, Ochala, Toy, Jurcisin, Feenstra, McGee, and
Taylor
NAYS: None
The President declared the foregoing Ordinance duly adopted, and would
become effective on publication
On a motion by Jurcisin, seconded by Toy, and unanimously
adopted, it was:
#768-93 RESOLVED, that having considered the report and
recommendation of the Chief of Police, dated August 19, 1993, and
submitted pursuant to a request from the Michigan Liquor Control
Commission, the Council does hereby approve of the request from
Sinan Antoon, Stockholder in Pepperonis Pizza Deli & Wine Shoppe,
27856
Inc , to transfer ownership of 1993 SDM licensed business from
Najwa J. Hillawa, for a business located at 20430 Farmington
Road, Livonia, Michigan 48152, Wayne County; and the City Clerk
is hereby requested to forward a certified copy of this
resolution to the Michigan Liquor Control Commission.
On a motion by Jurcisin, seconded by Kavanagh, and unanimously
adopted, it was:
#769-93 RESOLVED, that having considered the report and
recommendation of the City Engineer, dated August 24, 1993, which
bears the signature of the Finance Department and is approved for
submission by the Mayor, the Council does hereby accept the unit
price proposal of Shamrock Excavating, Inc. , 1041 West Huron
Drive, Belleville, MI 48111, for completing the 1992 Sidewalk
Repair Program for the estimated total cost of $50,658.75, 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; and the
Council does hereby authorize the action herein without
competitive bidding in accordance with Section 3.04.140D5 of the
Livonia Code of Ordinances, as amended; FURTHER, the Council does
hereby authorize an advance in the amount of $31,949 95 from the
$12 Million General Obligation Road Improvement Bond Issue with
the provisions that the Bond Issue be reimbursed as funds are
subsequently received from the payment of bills and assessments
by affected property owners and reimbursement from the bonding
company of the original contractor and $18,708.80 from the
Michigan Transportation Fund (Local Road Account) to pay for the
City' s portion of this contract; 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 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.
A communication from the Planning Commission, dated August 24,
1993, re: the vacating of Cathedral Avenue between Gillman and Deering
Avenues in the Southeast 1/4 of Section 36 was received and placed on file
for the information of the Council (CR 206-91)
On a motion by Ochala, seconded by Toy, and unanimously adopted,
it was:
#770-93 RESOLVED, that the Council does hereby request that the
Traffic Commission submit a report and recommendation on a
proposal to make the 120 foot driveway located adjacent to the
parking lot of the Cleveland School between Deering and Gillman
one way and to post appropriate traffic control signs for this
purpose.
27857
On a motion by Jurcisin, seconded by Toy, it was:
lbw
#771-93 RESOLVED, that having considered a communication from
the City Planning Commission, dated August 30, 1993, which
transmits its resolution 8-165-93, adopted on August 24, 1993,
with regard to Petition 93-5-2-11, submitted by Dewain A.
Diacono, requesting waiver use approval to operate an auto repair
and bump shop facility in an existing building located on the
west side of Merriman Road between Plymouth and the C & 0
Railroad right-of way in the Southeast 1/4 of Section 27, which
property is zoned M-1, the Council does hereby concur in the
recommendation made by the City Planning Commission and Petition
93-5-2-11 is hereby approved and granted, subject to the
following conditions
1) That the Site Plan dated 8-23-93, as revised, prepared for
Accurate Collision, Inc , which is hereby approved, shall be
adhered to;
2) That the Landscape Plan dated 8-23-93, prepared for Accurate
Collision, Inc , is hereby approved and shall be installed
prior to the issuance of a Certificate of Occupancy and
shall thereafter be permanently maintained in a healthy
condition;
3) That the parking lot shall be repaired as needed;
4) That the temporary storage of scrap auto parts shall be
confined to the area as illustrated on the approved site
plan labeled "scrap parts storage";
5) That any damaged vehicles parked on the site shall be
confined to the five (5) parking spaces located at the rear
of the subject site as indicated by note number 12 on the
approved site plan; and
6) That the subject building shall be painted as depicted on a
color rendering submitted by the petitioner.
A roll call vote was taken on the foregoing resolution with the following
result:
AYES: Kavanagh, Ochala, Toy, Jurcisin, McGee, and Taylor.
NAYS: Feenstra
The President declared the resolution adopted.
McGee made the following disclosure respecting a conflict of interest on
L. this matter:
27858
Mr President, I would like the record to reflect that the
petitioner here is represented by my law firm, Miller, Canfield,
Paddock and Stone, and that I therefore will abstain from any
consideration of this agenda item as required by Chapter IV,
Section 9, of the Livonia City Charter and the relevant
provisions of State law I refer to my letter dated February 24,
1992, to the City Clerk on this subject and would ask that these
remarks be made part of the official record of this meeting.
Thank you.
McGee left the podium at 8:41 p m.
On a motion by Jurcisin, seconded by Ochala, it was:
#772-93 RESOLVED, that having considered a communication from
the City Planning Commission, dated August 30, 1993, which
transmits its resolution 8-159-93, adopted on August 24, 1993,
with regard to Petition 93-7-2-17, submitted by Arbor Drugs,
Inc. , requesting waiver use approval for a new SDM license for a
proposed Arbor Drug Store to be located within an existing
shopping center on the south side of Eight Mile Road between
Angling Road and Grand River Avenue in the Northeast 1/4 of
Section 1, which property is zoned C-2, the Council does hereby
concur in the recommendation made by the City Planning
Commission, waive the 500 foot limitation prescribed in Section
11 03(r)(1) of Zoning Ordinance 543 and Petition 93-7-2-17 is
ihr hereby approved and granted, subject to the following conditions:
1) That the Site Plan marked Sheet S-1 dated 7-9-93, prepared
by F. Mathew Ray, Architect, which is hereby approved, shall
be adhered to;
2) That the building elevations shown on the approved Site Plan
which are hereby approved shall be adhered to;
3) That the rooftop mechanical units shown on the Site Plan
shall be screened from public view; and
4) That the petitioner shall come back before the Planning
Commission and City Council for approval of the sign plan
when it is developed
A roll call vote was taken on the foregoing resolution with the following
result:
AYES: Kavanagh, Ochala, Jurcisin, and Taylor
NAYS: Toy and Feenstra
The President declared the resolution adopted.
McGee returned to the podium at 8 44 p m.
27859
On a motion by Ochala, seconded by Kavanagh, and unanimously
adopted, it was:
#773-93 RESOLVED, that having considered a communication from
the City Planning Commission, dated August 30, 1993, which
transmits its resolution 8-161-93, adopted on August 24, 1993,
with regard to Petition 93-7-2-19, submitted by Pete Gresock and
Ronald Marsonek, requesting waiver use approval to operate a
collision shop within an existing building located on the south
side of Eight Mile Road between Merriman Road and Osmus Avenue in
the Northeast 1/4 of Section 3, which property is zoned M-1 and
RUF, the Council does hereby concur in the recommendation made by
the City Planning Commission and Petition 93-7-2-19 is hereby
approved and granted, subject to the following conditions
1) That the Site Plan dated 7-30-93, prepared by John W
Arthurs, owner, which is hereby approved, shall be adhered
to;
2) That the existing parking lot shall be patched and resealed
as needed;
3) That there shall be no overnight outside storage of disabled
vehicles on the west side of the building and no more than
five vehicles shall be parked in the rear of the building at
any one time;
4) That there shall be no outside storage of scrap metal, auto
parts, auto bodies or such other debris as is created by the
subject use;
5) That there shall be no outside work done on any vehicles at
any time;
6) That the parking of damaged vehicles in the rear 50 feet is
subject to a variance being granted by the Zoning Board of
Appeals to continue the use of 50 feet of RUF zoned
property; and
7) That the petitioner shall come back before the Planning
Commission and City Council for approval of the sign
package.
On a motion by Jurcisin, seconded by Feenstra, it was:
RESOLVED, that having considered a letter from Mr
Thomas A. Ricca, Attorney at Law, 24453 Grand River, Detroit,
Michigan 48219, dated August 30, 1993, submitted in behalf of
Ramada Inn of Livonia, 30375 Plymouth Road, wherein it is
1m. requested that, in accordance with Section 5.12.060 of the
Livonia Code of Ordinances, the Council grant permission to
Ramada Inn of Livonia to operate two pool tables in the sports
room of the bar operation, as shown in the attached diagram and
to permit the sale and consumption of liquor in conjunction
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therewith, the Council does hereby grant and approve this request
Iwo
in the manner and form herein submitted, subject to the condition
that the approval herein shall terminate automatically in the
event the said operation is no longer owned and operated by
Ramada Inn of Livonia
Toy made a motion to substitute a denying resolution; it failed
for lack of support.
A roll call vote was then taken on the original resolution, as follows,
with the following result:
#774-93 RESOLVED, that having considered a letter from Mr
Thomas A. Ricca, Attorney at Law, 24453 Grand River, Detroit,
Michigan 48219, dated August 30, 1993, submitted in behalf of
Ramada Inn of Livonia, 30375 Plymouth Road, wherein it is
requested that, in accordance with Section 5 12.060 of the
Livonia Code of Ordinances, the Council grant permission to
Ramada Inn of Livonia to operate two pool tables in the sports
room of the bar operation, as shown in the attached diagram and
to permit the sale and consumption of liquor in conjunction
therewith, the Council does hereby grant and approve this request
in the manner and form herein submitted, subject to the condition
that the approval herein shall terminate automatically in the
event the said operation is no longer owned and operated by
Ramada Inn of Livonia.
AYES: Kavanagh, Ochala, Jurcisin, Feenstra, and McGee.
NAYS: Toy and Taylor
The President declared the resolution adopted.
On a motion by Feenstra, seconded by Toy, and unanimously
adopted, it was
#775-93 RESOLVED, that having considered a letter from Mark
Schmitt, 200 N. Brady, Dearborn, MI 48124, wherein it is
indicated that he intends to start his own company and to
transfer certain work and employees from an existing company in
Livonia, R.L Schmitt Co. , 34506 Glendale, Livonia, Michigan, to
facilities located in Westland, Michigan, and which further
indicates that the new company that Mr Schmitt intends to start
desires to obtain a 1974 P.A. 198 exemption for the Westland
facility, the Council does hereby determine to take no further
action
Toy gave first reading to the following Ordinance, as revised:
AN ORDINANCE AMENDING TITLE 5 OF THE LIVONIA
CODE OF ORDINANCES, AS AMENDED, BY ADDING
CHAPTER 19 THERETO.
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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.
Toy invoked the Emergency Clause and gave second reading to the
foregoing Ordinance, as revised, and a roll call vote was taken thereon
with the following result:
AYES: Kavanagh, Ochala, Toy, Jurcisin, Feenstra, McGee, and
Taylor.
NAYS: None.
The President declared the foregoing Ordinance duly adopted, and would
become effective on publication
On a motion by Jurcisin, seconded by Feenstra, it was:
#776-93 WHEREAS, the City Clerk has received an Application for
Industrial Facilities Exemption Certificate from Crucam,
Inc./KEV, Inc. , dated July 13, 1993, covering new industrial
facilities to be located within City of Livonia Industrial
Development District No 55; 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 Crucam, Inc./KEV, Inc. ,
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. on Wednesday,
September 1, 1993 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, Crucam, Inc /KEV, Inc. , finds
and determines: (a) that the granting of this industrial
facilities exemption certificate shall not have the effect
of substantially impeding the operation of the local
governmental unit or impairing the financial soundness of
any taxing unit which levies an ad valorem property tax in
the local governmental unit in which the facility is to be
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located; and (b) the applicant has fully complied with the
requirements of Section 9, Act No. 198, P.A. 1974 (or Act
255 of P.A 1978), as amended.
2. That the City Council hereby approves the Application for
Industrial Facilities Exemption Certificate from Crucam,
Inc /KEV, Inc. , covering new industrial facilities to be
located within the City of Livonia Industrial Development
District No. 55, for 12 years.
A roll call vote was taken on the foregoing resolution with the following
result:
AYES: Kavanagh, Jurcisin, Feenstra, McGee, and Taylor.
NAYS: Ochala and Toy
The President declared the resolution adopted.
On a motion by Feenstra, seconded by Jurcisin, and unanimously
adopted, it was:
#777-93 WHEREAS, the City of Livonia has received a request
from Kelsey-Hayes, 38481 Huron River Drive, Romulus, Michigan
48174, dated June 29, 1993, for a transfer of the tax abatement
previously granted to Borg-Warner Automotive, Inc. on May 18,
1988 in Council Resolution 466-88, for 12 years, for a facility
located at 12000 Tech Center Drive, which is located in City of
Livonia Industrial Development District No. 46; and
WHEREAS, by letter dated September 2, 1993, the Kelsey-Hayes
Company did indicate that it would be unable to complete the
application necessary for the transfer of the aforesaid
existing Industrial Facilities Exemption Certificate;
NOW, THEREFORE, BE IT RESOLVED THAT THE CITY OF LIVONIA does
hereby determine to take no further action, the action herein
being taken for the reason that the petitioner is not now ready
to proceed, but may, at some future date, submit a new petition
for this purpose.
On a motion by Feenstra, seconded by Ochala, and unanimously
adopted, it was:
#778-93 RESOLVED, that having considered a communication from
the City Planning Commission, dated June 30, 1993, which sets
forth its resolution 6-127-93, adopted on June 22, 1993, with
regard to Petition 93-5-1-6, submitted by the City Planning
Commission, pursuant to Council Resolution 20-93, for a change of
zoning on property located within the Argonne and the Argonne
Annex Subdivisions, located west of Inkster Road and north of
27863
Pembroke Avenue in the Northeast 1/4 of Section 1 from RUF to
Imp R-1, and the Council having conducted a public hearing with
regard to this matter on September 8, 1993, pursuant to Council
Resolution 576-93, the Council does hereby concur in the recom-
mendation of the Planning Commission and Petition 93-5-1-6 is
hereby approved and granted; 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 Toy, and unanimously
adopted, it was:
#779-93 RESOLVED, that having considered a communication from
the Director of Community Resources, dated August 25, 1993, which
bears the signature of the Finance Department and is approved for
submission by the Mayor, the Council does, for and on behalf of
the City of Livonia, accept Farmer Jack food certificates in
denominations of $10 00, which total overall $600.00, for use as
food certificates for residents in an emergency situation.
On a motion by Toy, seconded by Jurcisin, and unanimously
adopted, it was:
#780-93 RESOLVED, that having considered the report and
recommendation of the Fire Chief, dated August 27, 1993, which
bears the signature of the Mayor, the Council does, for and on
behalf of the City of Livonia, accept a gift of computer hardware
and related equipment valued at approximately $3,000 for use by
the Livonia Fire Department, which equipment may be used in
implementing the "CAMEO" software system
On a motion by Jurcisin, seconded by Toy, and unanimously
adopted, it was:
#781-93 RESOLVED, that having considered a communication dated
September 2, 1993, from the Department of Law transmitting for
Council acceptance two Quit Claim Deeds, more particularly
described as:
1 Quit Claim Deed dated August 13, 1993, executed by Roger K.
Wright, Senior Vice President & Asst. Secretary, Home
Quarters of Livonia, Inc , for the following property
described as:
Part of Section 25, T 1 S , R 9 E , City of Livonia, Wayne
County, Michigan, more particularly described as follows:
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Commencing at the northwest corner of Section 25, thence
ibm along the west line of said Section 25, S 00°27'00" W. ,
362 83 feet; thence S 89°33'00" E. , 70 00 feet, thence S.
00°27'00" W. , 147.17 feet to the Point of Beginning; thence
continuing S 00°27'00" West, 659 45 feet; thence N.
89°34'22" West, 10 00 feet to the east right-of-way line of
Middlebelt Road; thence along the east right-of-way line N
00°27'00" East, 605 40 feet, and N 10°55'52" East, 54.97
feet to the Point of Beginning Middlebelt Road Right-of-
Way (Parcel No 097-99-0021-003)
2 Quit Claim Deed dated August 13, 1993, executed by Roger K.
Wright, Senior Vice President & Asst Secretary, Home
Quarters of Livonia, Inc. , for the following property
described as
Part of Section 25, T 1 S , R 9 E , City of Livonia, Wayne
County, Michigan, more particularly described as follows
Commencing at the northwest corner of said Section 25;
thence along the west line of said Section 25, S 00°27'00"
West, 362 83 feet; thence S 89°33'00" East, 70 00 feet to
the east right-of-way of Middlebelt Road; thence along said
right-of-way, N 22°56'02" East, 65 55 feet; thence along
the south freeway right-of-way line, N 67°52' 17" East,
63.70 feet; and S 89°38' 17" East, 128 22 feet to the Point
of Beginning; thence N 87°18'25" East, 184 11 feet; thence
S 02°41'35" East, 13.00 feet; thence S 87°18'25" West,
184 11 feet; thence N. 02°41'35" West, 13 00 feet to the
Point of Beginning Schoolcraft Road Right-of-Way (Parcel
No. 097-99-0021-003)
the Council does hereby, for and in behalf of the City of
Livonia, accept the aforesaid Quit Claim Deed; 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 Ochala, seconded by Jurcisin, and unanimously
adopted, it was
#782-93 RESOLVED, that the Council does hereby suspend their
rules for procedure as outlined in Council Resolution 574-82 so
as to permit consideration of items that do not appear on the
agenda.
On a motion by Ochala, seconded by Feenstra, and unanimously
adopted, it was
1160 #783-93 RESOLVED, that having considered the report and
recommendation of the Director of Community Resources,
Superintendent of Public Service and the Director of Public
27865
Works, dated September 10, 1993, approved for submission by the
Mayor, wherein it is recommended that Eastern Concrete Paving
Company, 51830 Schoenherr, Shelby Township, MI 48315, be
authorized to place a temporary portable concrete batch plant at
the southerly corner of the Greenmead property for the period
September 20, 1993 to November 15, 1993, with access thereto to
be via the Newburgh southerly drive, the Council does hereby
authorize and grant the said temporary use of the area as shown
in the attached sketch, subject to the following conditions:
1) Provide a Certificate of Insurance on all contractor
operations;
2) Hold harmless the City and its agents for wrongdoings
occurring on the site that are the direct result of the
Eastern Concrete Paving Company occupancy;
3) The location of the batch plant will be approximately 300'
long by 200' wide and 200' directly west of the southerly
drive. This area will be left in a substantially upgraded
gravel parking lot condition 300' x 200' with proper
drainage controls;
4) Widen the existing southerly drive from 22' to 34' and pave
the additional width for a distance of 40' west of the curb
line;
L. 5) Install a 12" diameter underground storm system from the
southerly drive 414' northwesterly to the connector road and
install two structures;
6) Upgrade the easterly connector road by widening out to 20'
and placing gravel for approximately 245' ;
7) Upgrade the westerly connector road by widening the turning
area at the southerly end of the road;
8) Upgrade the existing parking lot adjacent to the garden area
by placing gravel in deficient areas as directed by the DPW;
9) Grade and restore all other disturbed areas on the site to
original or better condition directly upon completion;
10) Secure the site as directed by the DPW;
11) Keep the premises dust-free in accordance with the permit
issued by the Wayne County Health Department Air Pollution
Control Division;
12) Abide by all existing laws and regulations, both local and
state, pertaining to erosion, siltation and pollution of
water courses;
27866
13) Abide by all local ordinances; and
14) It is agreed that any occupancy beyond November 15, 1993
shall be paid at the rate of $525.00 per month, prorated
weekly
On a motion by Ochala, seconded by Jurcisin, and unanimously
adopted, it was:
#784-93 RESOLVED, that having considered the report and
recommendation of Councilmember Ron Ochala, dated September 10,
1993, the Council does hereby request that the Finance and
Insurance Committee conduct a financial review of the Livonia
SPREE financial report with respect to SPREE "43" and thereafter
submit a report and recommendation.
On a motion by Jurcisin, seconded by Toy, and unanimously
adopted, it was:
#785-93 RESOLVED, that having considered a communication from
the Superintendent of Parks and Recreation, dated September 8,
1993, approved for submission by the Mayor and the Finance
Department, and which sets forth Parks and Recreation Commission
resolution 2232-93 wherein it is recommended that a request from
the Livonia Premier Soccer Club/Michigan Wolves & Michigan Hawks
to vend refreshments and club items during their Club Day at
Jaycee Park on Saturday, September 25, 1993 be approved, the
Council does hereby concur in and approve of such action
On a motion by Feenstra, seconded by McGee, and unanimously
adopted, it was
#786-93 RESOLVED, that having considered a communication from
the Mayor, dated September 15, 1993, the Council does hereby
determine to conduct a public hearing on Monday, October 11,
1993, at 8 00 p m. at the City Hall, 33000 Civic Center Drive,
Livonia, Michigan, with respect to the following items:
1) The proposed annual budget for the City of Livonia for the
fiscal year commencing December 1, 1993, and
2) The public hearing required by Act 5 PA 1982, in connection
with the Truth in Taxation hearing;
and the City Clerk shall give adequate public notice of said
public hearing in accordance with provisions of law and City
Charter.
No one from the audience wished to speak at the end of the
him
meeting.
27867
On a motion by McGee, seconded by Toy, and unanimously adopted,
this 1,256th Regular Meeting of the Council of the City of Livonia was
adjourned at 9:21 p.m. , September 15, 1993.
?61/V1
o n McCotter, City Clerk
1