HomeMy WebLinkAboutCOUNCIL MINUTES 1992-12-21 27367
MINUTES OF THE ONE THOUSAND TWO HUNDRED AND THIRTY-NINTH
REGULAR MEETING OF THE COUNCIL OF THE CITY OF LIVONIA
On December 21, 1992, the above meeting was held at the City
Hall, 33000 Civic Center Drive, Livonia, Michigan and was called to order
by the President of the Council at 8:04 p.m Councilman Taylor delivered
the invocation
Roll was called with the following result: Present Gerald
Taylor, Ron Ochala, Fernon P Feenstra, Sean P. Kavanagh, Michael P McGee,
Dale A. Jurcisin, and Laura M. Toy. Absent None
Elected and appointed officials present Robert D Bennett,
Mayor; Raul Galindo, City Engineer; John Nagy, City Planner; Joan McCotter,
City Clerk; Harry Tatigian, City Attorney; Karen A. Szymula, Director of
Legislative Affairs, Ronald Reinke, Superintendent of Parks & Recreation;
and James Andres, Chief Accountant
On a motion by Taylor, seconded by Jurcisin, and unanimously
adopted*, it was:
#943-92 RESOLVED, that the minutes of the 1,238th Regular
Meeting of the Council of the City of Livonia, held December 9,
1992, are hereby approved as submitted.
*Councilman Ochala abstained from voting which is recorded as a "yes" vote
under the provisions of Section 2.04 190B of the Livonia Code of
Ordinances.
No one wished to speak during the audience communication portion
at the beginning of the meeting.
A communication from the Mayor, dated December 21, 1992, re: the
Annual Report for the 1991-1992 Fiscal Year was received and placed on file
for the information of the Council.
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A communication from the Department of Finance, dated December 8,
1992, re: Potas v City of Livonia was received and placed on file for the
information of the Council
At the direction of the Chair, Items 3 and 7 were removed from
the Consent Agenda.
On a motion by Taylor, seconded by Feenstra, it was:
#944-92 RESOLVED, that having considered a communication from
Major Daniel M Phillips, Infantry, Assistant G-3, Department of
the Army, Headquarters, 70th Division (Training), 34451
Schoolcraft Road, Livonia, Michigan 48150-1399, dated November
19, 1992, requesting permission to conduct a parade which will
consist of unit personnel marching in one large formation on
Perth Street, Stark Road, Lyndon and on Ford Field (as per
attachment), on July 17, 1993, from 12:00 p.m. to 3:00 p m , the
Council does hereby grant permission as requested, the action
herein being made subject to the approval of the Police
Department and the Department of Parks and Recreation; FURTHER,
the Council does hereby request that the Livonia "Y" be notified
of the action taken herein and that to the extent possible, any
concerns it may have with respect to this event be taken into
lio consideration
#945-92 RESOLVED, that having considered a communication from
Major Daniel M. Phillips, Infantry, Assistant G-3, Department of
the Army, Headquarters, 70th Division (Training), 34451
Schoolcraft Road, Livonia, Michigan 48150-1399, dated November
19, 1992, requesting permission to conduct a parade which will
consist of unit personnel marching in one large formation on
Perth Street, Stark Road, Lyndon and on Ford Field (as per
attachment), on July 17, 1993, from 12 00 p.m. to 3:00 p m. , the
Council does hereby request that the Superintendent of Parks and
Recreation provide liaison for this event as well as submit a
report and recommendation with respect to the requested road
closings.
#946-92 RESOLVED, that having considered a communication from
the City Assessor, dated November 30, 1992, approved for
submission by the Mayor, with regard to a request from DJT
Development Inc , 13959 Covington, Plymouth, Michigan 48170, in
behalf of Arbor Drugs, P.O. Box 2510, Troy, Michigan 48007, 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
123 99 0027 005 into three parcels, the legal descriptions of
which shall read as follows
Lot "A"
A parcel of land in the S.W. 1/4, Section 31, T 1 S ,R 9 E. ,
City of Livonia, Wayne County, Michigan. Beginning along
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the S line of said Sec S 89° 51' 22" W , 691 33 ft from
lip the S 1/4 corner of Section 31; thence due N 60 00 ft to
the P 0 B. thence S 89° 51' 22" W. along the N. line of Joy
Rd , 71 66 ft , thence due N. , 195 00 ft , thence N 89° 51'
22" E , 71 66 ft ; thence due S , 195 00 ft. to the P.O.B.
containing 0.32 acre
Lot "B"
A parcel of land in the S W 1/4, Section 31, T.1 S ,R.9 E. ,
City of Livonia, Wayne County, Michigan. Beginning along
the S line of said Sec S. 89° 51' 22" W , 619.67 ft. from
the S 1/4 corner of Section 31, thence due N. 60.00 ft. to
the P 0 B thence S 89° 51' 22" W. along the N. line of Joy
Rd , 71 66 ft. , thence due N. , 195 00 ft ; thence N. 89° 51'
22" E. , 71 66 ft ; thence due S , 195.00 ft. to the P 0 B.
containing 0 32 acre
Lot "C"
A parcel of land in the S W. 1/4, Section 31, T.1 S. ,R.9 E ,
City of Livonia, Wayne County, Michigan. Beginning along
the S line of said Sec S 89° 51' 22" W. , 548.00 ft from
the S. 1/4 corner of Section 31, thence due N. 60 00 ft. to
the P 0 B. thence S 89° 51' 22" W along the N line of Joy
Rd , 71 67 ft , thence due N , 195 00 ft ; thence N. 89° 51'
22" E , 71 67 ft. ; thence due S. , 195.00 ft to the P O.B.
containing 0 32 acre
imoas 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, the
action taken herein being made subject to the condition that the
subject property be rezoned from OS to a residential
classification
#947-92 RESOLVED, that having considered a communication from
the Superintendent of Parks and Recreation, dated November 19,
1992, approved for submission by the Mayor and the Finance
Director, and which sets forth Parks and Recreation Commission
resolution 2195-92, wherein the Commission did recommend an
increase in fees and charges as per the attached schedule, the
Council does hereby refer this item to the Finance and Insurance
Committee for its report and recommendation.
#948-92 RESOLVED, that having considered the report and
recommendation of the Director of Public Works, dated December 2,
1992, approved by the Finance Director and approved for
submission by the Mayor, and the attached final estimate dated
November 20, 1992, the Council does hereby authorize final
payment in the amount of $2,094.90 to Margolis Nursery, Inc. ,
9600 Cherry Hill Road, Ypsilanti, Michigan 48198, which sum
includes the full and complete balance due on a contract
authorized in Council Resolution 179-92 in the amount of
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$40,710 00, the actual contract amount completed to date being
IMP $41,898 00, in connection with the 1992 Street Tree Planting
Program, it appearing from the aforementioned report that all
work under the said contract has been completed in accordance
with City standards and specifications
#949-92 RESOLVED, that having considered a communication from
the City Planning Commission, dated December 4, 1992, which
transmits its resolution 12-134-92, adopted on December 1, 1992,
with regard to a Sign Permit Application submitted by Ohio Sign
Services, in behalf of Comerica Bank, requesting approval for one
ground sign on property located at 29370 Plymouth in Section 25,
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 plan drawing No B11527 dated 7/11/92,
prepared by Plasti-Line, Inc , is hereby approved and shall
be adhered to;
2) That the monument sign elevation plan dated 11/25/92,
prepared by Plasti-Line, Inc , is hereby approved and shall
be adhered to;
3) That the site plan sheet C 1 dated 6/23/76, prepared by
Austin Engineers, Inc , is hereby approved and shall be
adhered to; and
4) That the landscaping plan dated 11/25/92, submitted by
Comerica Bank, is hereby approved and shall be adhered to.
#950-92 RESOLVED, that having considered an article in the
Detroit Free Press, dated December 11, 1992, with respect to a
case involving alleged racial and ethnic discrimination in the
rental of apartments at the Merriman Park Apartment complex,
located on Merriman Road south of Eight Mile Road, the Council
does hereby request that the Mayor and the Human Relations
Commission submit their respective reports and recommendations
#951-92 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, February 3, 1993, at
7 30 p m. at the City Hall, 33000 Civic Center Drive, Livonia,
Michigan, with respect to the following items
(1) Petition 92-8-6-4, submitted by the City Planning
Commission, pursuant to Council Resolution 419-92, to
determine whether to amend Section 18 50H of the Zoning
Ordinance to provide additional regulations regarding
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illuminated canopies and awnings with attached signage, the
lio City Planning Commission in its resolution 11-516-92 having
recommended to the City Council that Petition 92-8-6-4 be
approved;
(2) Petition 92-9-6-5, submitted by the City Planning
Commission, pursuant to Council Resolution 611-92, to
determine whether to amend Article XXI of the Zoning
Ordinance so as to authorize the appointment of two
alternate members to the Zoning Board of Appeals in
accordance with the provisions of MCL 125.585, the City
Planning Commission in its resolution 11-517-92 having
recommended to the City Council that Petition 92-9-6-5 be
approved;
(3) Petition 92-10-1-22, submitted by Kamp-DiComo for Robert
Chouinard for a change of zoning on property located on the
west side of Farmington Road between Norfolk Avenue and
Seven Mile Road in the Northeast 1/4 of Section 4 from RUFA
to OS, the City Planning Commission in its resolution
11-510-92 having recommended to the City Council that
Petition 92-10-1-22 be denied; and
(4) Petition 92-11-1-26, submitted by Jonna Realty Enterprises
for Chestnut Hills Development for a change of zoning on
property located south of Eight Mile Road between I-275
Expressway and Haggerty Road in the Northwest 1/4 of Section
6 from C-4III to C-2, the City Planning Commission in its
resolution 12-540-92 having recommended to the City Council
that Petition 92-11-1-26 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 amendments to the Zoning Ordinance, and/or (b)
location of the proposed changes of zoning as set forth above,
first to be published in the official newspaper of the City or a
newspaper of general circulation in the City of Livonia as well
as to, not less than fifteen (15) days prior to said public
hearing, cause to have notice to be given by certified mail to
each public utility company and to each railroad company owning
or operating any public utility or railroad within the districts
or zones affected; and FURTHER, the City Clerk is requested to do
all other things necessary or incidental to the full performance
of this resolution.
#952-92 RESOLVED, that having considered a communication dated
December 8, 1992 from Robert E Rashid, President of Major
Magic's All Star Pizza Revue, which in accordance with the
provisions of Section 19 08 of Ordinance 543, as amended, the
Zoning Ordinance, takes an appeal from a determination made on
December 1, 1992 by the City Planning Commission in its
resolution 12-527-92 with regard to Petition 92-9-2-37 submitted
by Robert E Rashid, requesting waiver use approval to utilize a
Class C liquor license in connection with a proposed Major Magic
restaurant to be located on the north side of Seven Mile Road
27372
between Farmington and Norwich Roads in the Southeast 1/4 of
lio Section 4, which property is zoned C-2, the Council does hereby ,
designate Wednesday, February 3, 1993, at 7:30 p m as the date
and time for conducting a public hearing with regard to this
matter, such hearing to be held at the City Hall, 33000 Civic
Center Drive, Livonia, Michigan; and the City Clerk is hereby
requested to do all things necessary in order to give proper
notice in writing, as well as by the publication of a notice in
the City's official newspaper of such hearing and the date and
place thereof, in compliance with the requirements set forth in
Ordinance 543, as amended, the Zoning Ordinance of the City of
Livonia
A roll call vote was taken on the foregoing resolutions with the following
result
AYES Taylor, Ochala, Feenstra, Kavanagh, McGee, Jurcisin, and
Toy
NAYS: None
On a motion by Feenstra, seconded by Taylor, and unanimously
adopted, it was
Imo
#953-92 RESOLVED, that having considered the report and
recommendation of the Chief of Police, dated November 16, 1992,
which bears the signature of the Finance Director and is approved
for submission by the Mayor, the Council does hereby authorize
the purchase from Campus Ford, Inc. , 1830 W Grand River, Okemos,
MI 48864, of 13 patrol 4-door sedans, per Michigan Specification
No 3905-0010, for a total price of $173,010.50, the same to be
appropriated and expended from Account No. 101-325-985-000;
FURTHER, the Council does hereby determine to authorize the said
purchase without competitive bidding inasmuch as the same is
based upon the low State of Michigan bid price under Contract No.
9239, as well as for the additional reasons indicated in the
aforesaid communication; and such action is taken in accordance
with the provisions set forth in Section 3 04.140D5 of the
Livonia Code of Ordinances, as amended.
On a motion by Feenstra, seconded by Taylor, and unanimously
adopted, it was
#954-92 RESOLVED, in view of the recommended purchase of 13
patrol vehicles, the Chief of Police is hereby requested to
submit a report and recommendation to be submitted by February 1,
1993, with regard to the number of vehicles which are to be
replaced and disposed of by the aforesaid purchase, as well as
the amount of the proceeds that the City will receive by the sale
and disposal of the vehicles to be replaced, such report to be
submitted directly to the Finance and Insurance Committee for its
information
27373
McGee made the following disclosure respecting a conflict of interest on
this matter:
Madame President, I have previously disclosed the existence
of a conflict of interest with respect to this matter, and I
therefore will abstain from any consideration of this agenda
item. 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 8:11 p.m
On a motion by Taylor, seconded by Feenstra, it was:
#955-92 WHEREAS, the City Council of the City of Livonia,
County of Wayne, Michigan (the "City"), intends to authorize the
issuance and sale of General Obligation Unlimited Tax Bonds,
Series 1993 pursuant to Act 279, Public Acts of Michigan, 1909,
as amended in an amount not to exceed Three Million Five Hundred
Thousand Dollars ($3,500,000) both for the purpose of defraying
all or any part of the costs of acquiring and constructing
various road and public improvements in the City; and
WHEREAS, prior to issuance of the bonds the City must either
receive prior approval of the bonds from the Michigan Department
of Treasury or he exempt from prior approval as provided in
Chapter III, Section II of Act 202, Public Acts of Michigan,
1943, as amended; and
WHEREAS, in order to be exempt from prior approval, the City must
notify the Department of Treasury of its intent to issue the
bonds and must agree to pay the filing fees required by the
aforesaid act.
NOW, THEREFORE, BE IT RESOLVED THAT:
1 The City Clerk and the Finance Director are each authorized
to notify the Department of Treasury of the City's intent to
issue the bonds described in the preamble to this resolution
and request orders providing an exception for the issue of
the bonds from prior approval by the Department of Treasury.
2. The City agrees to pay to the state the filing fees
prescribed by law in connection with the issuance of an
obligation with respect to issue of the bonds described in
the preamble to this resolution.
3 All resolutions and parts of resolutions insofar as they
conflict with the provisions of this resolution by and the
same hereby are rescinded
27374
A roll call vote was taken on the foregoing resolution with the following
lbwresult:
AYES: Taylor, Ochala, Feenstra, Kavanagh, Jurcisin, and Toy.
NAYS: None.
The President declared the resolution adopted.
McGee returned to the podium at 8 12 p m
On a motion by Feenstra, seconded by Kavanagh, and unanimously
adopted, it was:
#956-92 RESOLVED, that having considered the report and
recommendation of the Committee of the Whole, dated December 8,
1992, and submitted pursuant to Council Resolution 314-90, in
connection with the report and recommendation of the Chairperson
of the Historical Commission and the Director of Community
Resources, dated March 14, 1990, approved by the Director of
Finance and approved for submission by the Mayor, and which
transmits certain recommendations with regard to the Greenmead
Complex, the Council does hereby determine to take no further
action.
ImpA communication from the Director of Finance, the Director of
Community Resources, and the Chairman of the Historical Commission, dated
June 26, 1991, re: acquisition and development costs of Greenmead for the
period 1975 through May, 1991, as well as a copy of the most current
development schedule for Greenmead, was received and placed on file for the
information of the Council (CR 586-91)
On a motion by Feenstra, seconded by Kavanagh, and unanimously
adopted, it was:
#957-92 RESOLVED, that having considered the report and
recommendation of the Committee of the Whole, dated December 8,
1992, and submitted pursuant to Council Resolution 586-91, in
connection with a communication from the Director of Finance,
Director of Community Resources, and the Chairman of the
Historical Commission, dated June 26, 1991, approved for
submission by the Mayor, to which is attached a report of the
1m. acquisition and development costs of Greenmead for the period
1975 through May, 1991, as well as a copy of the most current
development schedule for Greenmead, the Council does hereby
request that the Director of Community Resources and/or Director
of Finance submit an annual report which sets forth acquisition
and development costs for Greenmead
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On a motion by Taylor, seconded by McGee, and unanimously
ibm adopted, it was:
#958-92 RESOLVED, that having considered the report and
recommendation of the Committee of the Whole, dated December 8,
1992, and submitted pursuant to Council Resolution 101-92, in
connection with a communication from the Cable Television
Commission, dated January 20, 1992, approved by the Director of
Community Resources and approved for submission by the Mayor, and
which transmits its resolution 182-92, wherein it is
recommended that the allocation of public access channels be
approved as follows (subject to review in one year):
CHANNEL DESIGNATION
3 Community Bulletin Board
8 City Channel
10 Educational Access: M Star
12 Community Programming
13 Catholic Television Network (CTN) &
Eternal Word Television Network (EWTN)
15 Educational Programming Livonia K-12
16 Educational Programming: Post Secondary
(Shared by Madonna University &
Schoolcraft College)
20 College Cable
23 Educational Programming: Clarenceville
K-12
The Council does hereby concur in and approve of the aforesaid
action
On a motion by Feenstra, seconded by Taylor, and unanimously
adopted, it was:
#959-92 RESOLVED, that having considered the report and
recommendation of the Committee of the Whole, dated December 8,
1992, and submitted pursuant to Council Resolution 101-92, with
regard to the allocation of Public Access channels, the Council
does hereby take this means to indicate its approval, to the
extent required, of all other recent channel changes made by
MetroVision of Livonia
On a motion by Feenstra, seconded by Kavanagh, and unanimously
adopted, it was:
#960-92 RESOLVED, that having considered the report and
recommendation of the Committee of the Whole, dated December 8,
1992, the Council does hereby request that the Fire Chief submit
a report and recommendation with regard to the possible
relocation of the proposed fire station site from the north side
of Seven Mile Road, east of Fitzgerald to another more feasible
location
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On a motion by Taylor, seconded by Feenstra, it was
Ibi #961-92 RESOLVED, that having considered the report and
recommendation of the Committee of the Whole, dated December 8,
1992, in connection with a copy of a letter addressed to the
Director of Finance from the President of Statewide Security
Inc , dated September 16, 1992, wherein it is requested that said
company be afforded the opportunity of submitting a "Proposal for
Prisoner Lodging and/or Transport," the Council does hereby
request a report and recommendation from the Director of Finance
and the Chief of Police on the question of whether the City
should require the taking of competitive bids and/or proposals
for the transportation and/or lodging of prisoners as well as a
report on all costs involved with respect to providing this
service.
A roll call vote was taken on the foregoing resolution with the following
result
AYES: Taylor, Feenstra, Kavanagh, McGee, and Jurcisin
NAYS: Ochala and Toy
The President declared the resolution adopted
On a motion by Kavanagh, seconded by Jurcisin, and unanimously
adopted, it was
#962-92 RESOLVED, that having considered the report and
recommendation of the Committee of the Whole, dated December 8,
1992, in connection with a copy of a letter addressed to the
Director of Finance from the President of Statewide Security
Inc , dated September 16, 1992, wherein it is requested that said
company be afforded the opportunity of submitting a "Proposal for
Prisoner Lodging and/or Transport," the Council does hereby
request that the Director of Finance and the Chief of Police
prepare specifications and forms of requests for proposals for
the taking of competitive bids and/or proposals for submission to
the City Council for its consideration.
Ochala gave first reading to the following Ordinance:
AN ORDINANCE AMENDING SECTION 160 OF TITLE 2,
CHAPTER 96 (RETIREMENT PLAN) OF THE LIVONIA CODE
OF ORDINANCES, AS AMENDED
The foregoing Ordinance, when adopted, is filed in the Journal of
Ordinances in the office of the City Clerk and is the same as if word for
word repeated herein. The above Ordinance was placed on the table for
consideration at the next regular meeting
27377
Kavanagh gave first reading to the following Ordinance
AN ORDINANCE AMENDING SECTION 020 OF TITLE 13,
CHAPTER 20 (LIVONIA SEWAGE DISPOSAL SYSTEM) OF
THE LIVONIA CODE OF ORDINANCES, AS AMENDED, BY
ADDING PARAGRAPH D THERETO.
The foregoing Ordinance, when adopted, is filed in the Journal of
Ordinances in the office of the City Clerk and is the same as if word for
word repeated herein The above Ordinance was placed on the table for
consideration at the next regular meeting
Feenstra took from the table, for second reading and adoption,
the following Ordinance:
AN ORDNANCE AMENDING SECTION 31.02 OF ARTICLE XXXI
OF ORDINANCE NO 543, AS AMENDED, KNOWN AND CITED
AS THE "CITY OF LIVONIA ZONING ORDINANCE"
(Petition 92-3-6-2)
A roll call vote was taken on the foregoing Ordinance with the following
result
AYES: Taylor, Ochala, Feenstra, Kavanagh, McGee, Jurcisin, and
Toy
NAYS: None
The President declared the foregoing Ordinance duly adopted, and would
become effective on publication
Taylor took from the table, for second reading and adoption, the
following Ordinance:
AN ORDINANCE AMENDING SUBSECTION 10 OF SECTION .010
OF CHAPTER 16 (PARKS AND PLAYGROUNDS) OF TITLE 12
OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED
A roll call vote was taken on the foregoing Ordinance with the following
result:
AYES: Taylor, Ochala, Feenstra, Kavanagh, McGee, Jurcisin, and
Toy.
NAYS: None.
The President declared the foregoing Ordinance duly adopted, and would
become effective on publication
27378
On a motion by Kavanagh, seconded by McGee, and unanimously
adopted, it was
#963-92 RESOLVED, that having considered a letter from the
Governor of the State of Michigan, dated October 14, 1992, with
regard to the implementation of his Welfare Reform Proposal --
"To Strengthen Michigan Families," which the Michigan Department
of Social Services began to implement on October 1, 1992, the
Council does hereby request that the Mayor and the Director of
Community Resources submit their respective reports and
recommendations
On a motion by Jurcisin, seconded by Ochala, it was:
#964-92 RESOLVED, that having considered a communication from
the City Planning Commission, dated December 7, 1992, which
transmits its resolution 11-511-92, adopted on November 17, 1992,
with regard to Petition 92-9-2-38, submitted by Gary Reister,
requesting waiver use approval for a home occupation at 18329
Grimm, east of Middlebelt Road and south of Pickford Avenue in
the Northwest 1/4 of Section 12, which property is zoned RUF, the
Council does hereby concur in the recommendation made by the City
Planning Commission and Petition 92-9-2-38 is hereby approved and
granted, subject to the following conditions:
1) That the use shall be limited to that described by the
petitioner as a computer phone system service and more
particularly described in written form as part of the
petition;
2) That the proposed use shall utilize an area equal to no more
than 8% of the residence;
3) That no article or service is sold or offered for sale on
the premises except such as is proposed by such proposed
home occupation;
4) That the proposed use shall not require internal or external
alterations or construction features or equipment or
machinery, with the exception of the proposed computer
equipment, not customary in a residential area; and
5) That there be no other employees other than members of the
family.
A roll call vote was taken on the foregoing resolution with the following
result:
AYES: Taylor, Ochala, Kavanagh, McGee, and Jurcisin
NAYS Feenstra and Toy
The President declared the resolution adopted
27379
On a motion by Jurcisin, seconded by Feenstra, and unanimously
lisadopted, it was
#965-92 RESOLVED, that the Council does hereby refer to the
Legislative Committee for its report and recommendation the
question of whether the provisions of Section 5 03 of Livonia
Zoning Ordinance 543 with respect to home occupations in RUF
districts should be revised and amended.
On a motion by Jurcisin, seconded by Ochala, it was:
RESOLVED, that having considered a communication from
the City Planning Commission, dated December 7, 1992, which
transmits its resolution 11-514-92, adopted on November 17, 1992,
with regard to Petition 92-10-2-41, submitted by V S
Kyriakopoulos requesting waiver use approval to increase the
floor area and seating capacity of an existing restaurant
(Kerby's Koney Island) located on the south side of Plymouth Road
between Levan Road and Yale Avenue in the Northeast 1/4 of
Section 32, which property is zoned C-2, the Council does hereby
concur in the recommendation made by the City Planning Commission
and Petition 92-10-2-41 is hereby approved and granted, subject
to a limitation on the number of customer seats in the restaurant
of 126
On a motion by Taylor, seconded by Feenstra, it was
RESOLVED, that the foregoing resolution be amended so
as to limit the number of customer seats in the restaurant to 90
A roll call vote was taken on the amendment with the following result:
AYES: Taylor, Feenstra, Kavanagh, and Toy
NAYS: Ochala, McGee, and Jurcisin
The President declared the amendment adopted.
A roll call vote was taken on the resolution, as amended, as follows:
#966-92 RESOLVED, that having considered a communication from
` the City Planning Commission, dated December 7, 1992, which
transmits its resolution 11-514-92, adopted on November 17, 1992,
with regard to Petition 92-10-2-41, submitted by V S
Kyriakopoulos requesting waiver use approval to increase the
floor area and seating capacity of an existing restaurant
(Kerby's Koney Island) located on the south side of Plymouth Road
between Levan Road and Yale Avenue in the Northeast 1/4 of
Section 32, which property is zoned C-2, the Council does hereby
concur in the recommendation made by the City Planning Commission
and Petition 92-10-2-41 is hereby approved and granted, subject
to a limitation on the number of customer seats in the restaurant
of 90.
with the following result
27380
AYES: Taylor, Ochala, Feenstra, Kavanagh, McGee, Jurcisin, and
Toy
NAYS: None
The President declared the resolution as amended, adopted
On a motion by Feenstra, seconded by Kavanagh, and unanimously
adopted, it was
#967-92 RESOLVED, that having considered a communication from
the City Planning Commission, dated December 8, 1992, which
transmits its resolution 11-519-92, adopted on November 17, 1992,
with regard to Petition 92-11-8-19, submitted by Van Keros,
requesting site plan approval to alter a unit's storefront and
revise the Master Tenant Wall Sign Format in connection with a
multi-unit retail building located on the south side of Plymouth
Road between Levan Road and Yale Avenue in the Northeast 1/4 of
Section 32, pursuant to the provisions set forth in Section 18.58
of Ordinance No. 543, as amended, the Council does hereby concur
in the recommendation of the Planning Commission and Petition
92-11-8-19 is hereby approved and granted, subject to the
following conditions
1) That the sign plan dated 10/14/92, as revised, prepared by
Belle Isle Awning Co. is hereby approved and shall be
adhered to, with the exception that the petitioner has the
opportunity to place the verbiage of the sign on either the
north elevation or the west elevation;
2) That the site plan dated 10/8/92, prepared by Belle Isle
Awning Co. , is hereby approved and shall be adhered to;
3) That the building elevation plan dated 10/8/92, prepared by
Belle Isle Awning Co , is hereby approved and shall be
adhered to;
4) That the awning shall only be back-lit between the hours of
dark until 10:00 p.m ; and
5) That the back-lighting herein authorized shall be limited to
the sign portion of the awning only and that the balance of
the awning shall not be illuminated.
On a motion by Taylor, seconded by Ochala, and unanimously
adopted, it was:
#968-92 RESOLVED, that having considered a communication from
the City Planning Commission, dated December 7, 1992, which
transmits its resolution 11-520-92, adopted on November 17, 1992,
with regard to Petition 92-11-8-20, submitted by Johnson, Johnson
& Roy, Inc , in behalf of Comerica Livonia, requesting site plan
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approval in connection with a proposal to construct an addition
to an existing building to build a parking facility and add to
the surface parking on property located on the north side of Six
Mile Road between Haggerty Road and the 1-275 Expressway in the
Southwest 1/4 of Section 7, pursuant to the provisions set forth
in Section 18.47 of Ordinance No. 543, as amended, the Council
does hereby concur in the recommendation of the Planning
Commission and Petition 92-11-8-20 is hereby approved and
granted, subject to the following conditions:
1) That the approval herein is made subject to Zoning Board of
Appeals approval of the nine foot bays in the parking deck;
2) That the site plan sheet No 5-1 dated 11/2/92, prepared by
Johnson, Johnson & Roy, Inc. and Smith, Hinchman & Grylls
Assoc. , Inc is hereby approved and shall be adhered to;
3) That the building elevation plans dated 11/3/92, prepared by
Smith, Hinchman & Grylls Assoc , Inc. are hereby approved
and shall be adhered to;
4) That the landscaping plan sheet No 5-2 dated 11/2/92,
prepared by Johnson, Johnson & Roy, Inc. and Smith, Hinchman
& Grylls Assoc. , Inc which is hereby approved, and all
landscaping shown thereon, shall be installed prior to the
issuance of a Certificate of Occupancy and shall thereafter
5) be permanently maintained in a healthy condition; and
That the deceleration lane on Six Mile Road from the
driveway shall be extended and improved all the way to
Haggerty Road (including in right-of-way in front of Amoco
gas station) at the total expense of the petitioner.
On a motion by Feenstra, seconded by Taylor, and unanimously
adopted, it was:
#969-92 RESOLVED, that the Council does hereby request that the
Traffic Commission submit a report and recommendation with
respect to traffic control signalization and signage in the area
of Six Mile and Haggerty Roads, including therein the need, if
any, for delayed signalization and pedestrian lights.
On a motion by Feenstra, seconded by Kavanagh, and unanimously
adopted, it was:
#970-92 RESOLVED, that the Council does hereby request that the
City Planning Commission (conduct a public hearing and
thereafter) submit a report and recommendation and that the
Streets, Roads and Plats Committee also submit a recommendation
L. Road,
the question of converting Fox Road, located north of Six Mile
Road, from a private road to a public street.
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On a motion by Feenstra, seconded by Taylor, it was:
ifer
#971-92 RESOLVED, that having considered a letter from the
Friends of Livonia Parks and Recreation, dated December 11, 1992,
and the report and recommendation of the Superintendent of Parks
and Recreation, dated December 14, 1992, approved for submission
by the Mayor, with regard to a request that the annual "Tee It Up
For Trees" golf outing, proposed to be conducted on June 9, 1993
at Whispering Willows Golf Course be authorized and that all
greens fees in connection therewith be waived, the Council does
hereby approve and authorize conducting the said affair on June
9, 1993 at Whispering Willows Golf Course; FURTHER, the request
for a waiver of fees is hereby referred to the Finance and
Insurance Committee for its report and recommendation.
A roll call vote was taken on the foregoing resolution with the following
result:
AYES: Taylor, Ochala, Feenstra, Kavanagh, and Toy.
NAYS: McGee and Jurcisin.
The President declared the resolution adopted.
On a motion by Jurcisin, seconded by Feenstra, and unanimously
liradopted, it was:
#972-92 RESOLVED, that having considered a communication from
the City Planning Commission, dated October 13, 1992, which sets
forth its resolution 9-464-92, adopted on September 29, 1992,
with regard to Petition 92-7-1-15, submitted by the City Planning
Commission, pursuant to Council Resolution 535-92, for a change
of zoning on property located on the north side of Clarita
Avenue between Melvin Avenue and Middlebelt Road in the Northeast
1/4 of Section 11, from R-5 to R-2, and the Council having
conducted a public hearing with regard to this matter on November
30, 1992, pursuant to Council Resolution 800-92, the Council does
hereby concur in the recommendation of the Planning Commission
and the said Petition 92-7-1-15 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 Kavanagh, and unanimously
adopted, it was:
L
27383
#973-92 RESOLVED, that having considered a communication from
the City Planning Commission, dated October 13, 1992, which sets
forth its resolution 9-465-92, adopted on September 29, 1992 with
regard to Petition 92-7-1-16, submitted by the City Planning
Commission, pursuant to Council Resolution 536-92, for a change
of zoning on property located on the west side of Melvin Avenue
between Seven Mile Road and Clarita Avenue, from R-5 to R-1A, and
the Council having conducted a public hearing with regard to this
matter on November 30, 1992, pursuant to Council Resolution
800-92, the Council does hereby concur in the recommendation of
the Planning Commission and the said Petition 92-7-1-16 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
McGee gave first reading to the following Ordinance:
AN ORDINANCE CREATING A PLYMOUTH ROAD DEVELOPMENT
AUTHORITY FOR THE CITY OF LIVONIA, DESIGNATING
BOUNDARIES OF THE DOWNTOWN DISTRICT, AND PROVIDING
FOR OTHER MATTERS RELATED THERETO.
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 Ochala, it was:
RESOLVED, that the Council, having conducted a public
hearing on November 30, 1992, pursuant to Council Resolution
743-92, wherein the Council did adopt a Resolution of Intent with
respect to a proposal to form and establish a Plymouth Road
Development Authority, including designation of district
boundaries, pursuant to the provisions of 1975 PA 197 and the
proposed "Plymouth Road Development Authority Ordinance," having
received first reading by Councilman McGee at the Regular Meeting
of December 21, 1992, the Council does hereby refer this item to
the Committee of the Whole for its report and recommendation.
The Chair was relinquished to Vice President Ochala at 8:50 p.m.
A roll call vote was taken on the following resolution as follows:
27384
#974-92 RESOLVED, that the Council, having conducted a public
hearing on November 30, 1992, pursuant to Council Resolution
743-92, wherein the Council did adopt a Resolution of Intent with
respect to a proposal to form and establish a Plymouth Road
Development Authority, including designation of district
boundaries, pursuant to the provisions of 1975 PA 197 and the
proposed "Plymouth Road Development Authority Ordinance," having
received first reading by Councilman McGee at the Regular Meeting
of December 21, 1992, the Council does hereby refer this item to
the Committee of the Whole for its report and recommendation.
with the following result
AYES: Taylor, Ochala, Feenstra, Kavanagh, and Toy.
NAYS: McGee and Jurcisin.
The Vice President declared the resolution adopted.
The President resumed the Chair at 8 58 p.m
On a motion by Taylor, seconded by Feenstra, and unanimously
adopted, it was:
#975-92 RESOLVED, that having considered a communication from
the City Planning Commission, dated October 13, 1992, which sets
forth its resolution 9-466-92, adopted on September 29, 1992,
with regard to Petition 92-7-1-19, submitted by Leo Soave for a
change of zoning on property located north of Orangelawn Avenue,
west of Farmington Road, in the Northeast 1/4 of Section 33, from
RUF to R-1A, and the Council having conducted a public hearing
with regard to this matter on December 7, 1992, pursuant to
Council Resolution 801-92, the Council does hereby concur in the
recommendation of the Planning Commission and the said Petition
92-7-1-19 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 Taylor, and unanimously
adopted, it was:
#976-92 RESOLVED, that having considered a communication from
the City Planning Commission, dated October 13, 1992, which sets
forth its resolution 9-464-92, adopted on September 29, 1992,
with regard to Petition 92-8-1-20, submitted by the City Planning
Commission, pursuant to Council Resolution 214-92, for a change
of zoning on property located on the east side of Hubbell Avenue,
south of Plymouth Road in the Northwest 1/4 of Section 35, from
C-2 to R-1, and the Council having conducted a public hearing
27385
with regard to this matter on December 7, 1992, pursuant to
Council Resolution 801-92, the Council does hereby reject the
L
recommendation of the Planning Commission and the said Petition
92-8-1-20 is hereby denied for the following reasons:
1) That the proposed change of zoning will encroach upon an
established commercial district;
2) That the proposed zoning district is incompatible with the
adjacent RUT district; and
3) That the proposed change of zoning was not requested by the
property owner.
On a motion by Taylor, seconded by Ochala, and unanimously
adopted, it was:
#977-92 RESOLVED, that having considered a communication from
the Director of Community Resources, dated December 4, 1992,
approved by the Finance Director and approved for submission
by the Mayor, the Council does, for and on behalf of the City of
Livonia, accept a cash donation in the amount of $500.00 from the
Livonia Heart Fund, the same to be deposited in and credited to
Account No 702-000-285-215 for use in the Livonia Youth
Assistance Program
LOn a motion by Feenstra, seconded by Ochala, it was:
#978-92 RESOLVED, that having considered a communication from
the City Planning Commission, dated December 16, 1992, which
transmits its resolution 12-545-92, adopted on December 15, 1992,
with regard to Petition 92-11-2-48, submitted by Jonna Companies,
requesting waiver use approval to construct a new retail store
(Source Club) to be located south of Eight Mile Road between
1-275 and Haggerty Road in the Northwest 1/4 of Section 6, a
portion of which property, pursuant to Petition 92-11-1-26, is to
be rezoned to C-2, the Council does hereby concur in the
recommendation of the Planning Commission and Petition 92-11-2-48
is hereby granted subject to the following conditions:
1) That the Site Plan marked Sheet 1, dated 12/4/92 revised,
prepared by Land Tech, Engineers, which is hereby approved,
shall be adhered to;
2) That the Building Elevation Plan, dated 12/15/92, prepared
by Integrated Architecture, which is hereby approved, shall
be adhered to;
3) That the Landscape Plan, dated 11/24/92 revised, prepared by
Land Tech, Engineers, which is hereby approved, shall be
adhered to and the landscaping shall be installed prior to
the issuance of a Certificate of Occupancy and shall
thereafter be permanently maintained in a healthy condition;
27386
4) That a sign plan shall be submitted to the Planning
Commission and City Council for their approval prior to the.
Lis issuance of a sign erection permit;
5) That the parapet wall proposed to be constructed as part of
the proposed building and as illustrated on a Site Line
Section drawing dated 12/15/92, prepared by Integrated
Architecture, shall be of sufficient height so as to totally
screen all roof-top mechanical units from public view from
any direction; and
6) That a building permit shall not be issued until such time
as Petition 92-11-1-26 is approved and a portion of the
property involved herein is rezoned to C-2.
A roll call vote was taken on the foregoing resolution with the following
result
AYES: Taylor, Ochala, Feenstra, McGee, Jurcisin, and Toy.
NAYS: Kavanagh.
The President declared the resolution adopted.
On a motion by McGee, seconded by Jurcisin, and unanimously
lbw adopted, it was:
#979-92 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 did not appear on the
agenda.
On a motion by McGee, seconded by Kavanagh, it was:
RESOLVED, that the Council does hereby rescind and
repeal Council Resolution 3-92 which declared that Ron Ochala was
to be President of the Council for a one-year period effective
January 1, 1993 through December 31, 1993.
The President relinquished the Chair to the Vice President at 9:04 p.m.
A roll call vote was taken on the foregoing resolution with the following
result:
#980-92 RESOLVED, that the Council does hereby rescind and
repeal Council Resolution 3-92 which declared that Ron Ochala was
to be President of the Council for a one-year period effective
January 1, 1993 through December 31, 1993.
27387
AYES: Taylor, Feenstra, Kavanagh, McGee, and Jurcisin.
LNAYS: Toy and Ochala
The Vice President declared the resolution adopted.
On a motion by McGee, seconded by Kavanagh, it was:
#981-92 RESOLVED, that Gerald Taylor be declared to be
President of the Council for a one-year period effective January
1, 1993 through December 31, 1993.
A roll call vote was taken on the foregoing resolution with the following
result:
AYES: Taylor, Feenstra, Kavanagh, McGee, and Jurcisin.
NAYS: Toy and Ochala
The Vice President declared the resolution adopted.
On a motion by Kavanagh, seconded by Jurcisin, it was:
#982-92 RESOLVED, that the Council does hereby rescind and
repeal Council Resolution 4-92 which declared that Laura Toy was
to be Vice President of the Council for a one-year period
commencing January 1, 1993.
A roll call vote was taken on the foregoing resolution with the following
result:
AYES: Taylor, Feenstra, Kavanagh, McGee, and Jurcisin
NAYS: Toy and Ochala.
The Vice President declared the resolution adopted.
On a motion by Kavanagh, seconded by Taylor, it was:
#983-92 RESOLVED, that Michael McGee be declared to be Vice
President of the Council for a one-year period effective January
1, 1993 through December 31, 1993.
A roll call vote was taken on the foregoing resolution with the following
result:
AYES: Taylor, Feenstra, Kavanagh, McGee, and Jurcisin.
NAYS: Toy and Ochala.
The Vice President declared the resolution adopted.
27388
During the audience communication portion, Frank Jonna spoke
iho regarding the site plan for the last agenda item, Petition 92-11-2-48.
On a motion by Jurcisin, seconded by Kavanagh, and unanimously
adopted, this 1,239th Regular Meeting of the Council of the City of Livonia
was adjourned at 9:15 p.m. , December 21, 1992.
4/1=-Iter, City Clerk