HomeMy WebLinkAboutCOUNCIL MINUTES 2000-03-08 32133
MINUTES OF THE ONE THOUSAND FOUR HUNDRED TWELFTH
REGULAR MEETING OF MARCH 8, 2000
On March 8, 2000, 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 00 p m
Councilmember Engebretson delivered the invocation and called for a
moment of silence in memory of Norm Natiw, a member of the Cable Television
Commission for 17 years, who passed away
Roll was called with the following result: Jack Engebretson, Val I
Vandersloot, John R. Pastor, Brian Duggan, Joe Laura and Maureen Miller Brosnan
Absent: John J Walsh — business conflict.
Elected and appointed officials present: Jack E Kirksey, Mayor; Robert
Schron, City Engineer; Mark Taormina, City Planner; Sean Kavanagh, City Attorney;
Ron Reinke, Superintendent of Parks & Recreation, Joan McCotter, City Clerk, and Ian
Wilshaw, Traffic Commission
On a motion by Duggan, seconded by Pastor, and unanimously
adopted, it was
#157-00 RESOLVED, that the minutes of the 1,411th Regular Meeting
of the Council held February 23, 2000 are hereby approved as submitted
Councilmember Duggan wished a belated "Happy Birthday" to his father,
Jim Duggan
At the direction of the Chair, Items #4, 11 and 14 were removed from the
Consent portion of the Agenda
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A newspaper article from the Detroit News newspaper, dated February 27,
2000, re a claim that the D.A.R.E (Drug Abuse Resistance Education) Program makes
no difference in the metropolitan Detroit area, was received and placed on file for the
information of the Council (Agenda Items #2 & #3 )
A communication from the Department of Public Works, Engineering
Division, dated March 2, 2000, re quarterly status report on the Whispering Pines Site
Condominiums, was received and placed on file for the information of the Council
On a motion by Duggan, seconded by Pastor, and unanimously adopted,
it was
#158-00 RESOLVED, that having considered a letter from St.
Andrew's Episcopal Church, dated February 10, 2000, which requests
permission to place signs announcing an All-Parish Rummage/Garage
Sale to be conducted on Friday and Saturday, May 12 and May 13, 2000,
which signs are double-sided and are 4' x 5' in size and which will be
located on the northeast corner of Hubbard and Five Mile Roads and the
northeast corner of Hubbard and Six Mile Roads, and which signs would
be removed on May 13, 2000, the Council does hereby grant and approve
this request in the manner and form herein submitted
#159-00 RESOLVED, that having considered a request from
Councilmember Joe Laura, the Council does hereby refer the subject of
the D.A.R.E Program to the City Council/Schools Liaison Committee for
its report and recommendation
#160-00 RESOLVED, that having considered a request from
Councilmember Joe Laura, the Council does hereby refer the subject of
the viability of the D.A.R E Program's effectiveness to the Mayor for a
report and recommendation
#161-00 RESOLVED, that having considered the report and
recommendation of the Chief of Police, dated January 31, 2000, which
bears the signature of the Director of Finance and is approved for
submission by the Mayor, the Council does hereby authorize the purchase
of Police Department vehicles for the Intelligence Bureau as follows
• One (1) Plymouth Grand Voyager SE from Golling Chrysler-
Plymouth, 2125 S Telegraph, Bloomfield Hills, Michigan 48302,
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through the Oakland County consortium, in the amount of
$19,441 60 to be expended from funds already budgeted for this
purpose in Account #101-329-985-000,
• One (1) Chevrolet Monte Carlo LS in the amount of $16,492 43
and one (1) Chevrolet Camaro Z-28 in the amount of $20,249 38
from Joe Panian Chevrolet, 28111 Telegraph, P 0 Box 2147,
Southfield, Michigan 48037, through the Oakland County
consortium, said amounts to be expended from funds already
budgeted for this purpose in Account #101-329-985-000, One (1)
Pontiac Bonneville SE from Red Holman Pontiac, 35300 Ford
Road, Westland, Michigan 48185, through the Oakland County
consortium, in the amount of $21,507 17 to be expended from
funds already budgeted for this purpose in Account #101-329-
985-000,
• One (1) Dodge Intrepid ES from SnethKamp Dodge, 6131 S
Pennsylvania, Lansing, Michigan 48911, through the State of
Michigan consortium, in the amount of$18,154 66 to be expended
from funds already budgeted for this purpose in Account #101-
329-985-000,
• One (1) Ford Mustang GT from Gorno Ford, 22025 Allen Road,
Woodhaven, Michigan 48183, through the Macomb County
consortium, in the amount of $20,690 00 to be expended from
funds already budgeted for this purpose in Account #101-329-
985-000,
• One (1) Ford E-350 One Ton 15-Passenger Van from Gorno Ford,
22025 Allen Road, Woodhaven, Michigan 48183, through the
Macomb County consortium, in the amount of $24,057 00 to be
expended from the State Drug Forfeiture Account #265-333-985-
000, and
• One (1) Dodge Intrepid ES from SnethKamp Dodge, 6131 S
Pennsylvania, Lansing, Michigan 48911, through the State of
Michigan consortium, in the amount of$18,154 66 to be expended
from the State Drug Forfeiture Account #265-333-985-000,
FURTHER, the Council does hereby determine to authorize the said
purchases without competitive bidding inasmuch as the same is based
upon the low Macomb County, Oakland County and/or State of Michigan
consortium bids and such action is taken in accordance with the
provisions set forth in Section 3 04 140D4 of the Livonia Code of
Ordinances, as amended, FURTHER, the Council does hereby authorize
the disposal of seven (7) surplus City-owned police vehicles (as more
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particularly described on the attachment to the aforementioned report
and recommendation of the Chief of Police) at public auction after receipt
of the new vehicles
#162-00 RESOLVED, that having considered Petition 99-9-3-2
submitted by Michael Kosmowski, dated September 27, 1999, wherein a
request is submitted for the vacating of a certain six foot easement located
along the north line of his property located at 9991 Clements Circle Eest
(Lot 400 of the Thomas Elliot Subdivision), and the report and
recommendation of the Director of Public Works and the City Engineer,
dated February 1, 2000, approved for submission by the Mayor, submitted
pursuant to Council Resolution 693-99, 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
#163-00 RESOLVED, that having considered the report and
recommendation of the Director of Public Works and the City Engineer,
dated February 16, 2000, which bears the signature of the Director of
Finance, is approved by the Superintendent of Parks and Recreation and
is approved for submission by the Mayor, the Council does hereby accept
the proposal submitted by Progressive Timberlands, 541 East Eighth
Street, Traverse City, Michigan 49686, for performing all work required in
connection with the clearing and grubbing of the proposed soccer fields at
Greenmead for the total cost of $20,560 70, FURTHER, the Council does
hereby appropriate and authorize the expenditure of a sum not to exceed
$20,560 70 from the Capital Outlay Land Improvement Account No 208-
756-974-000 for this purpose, 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 company and to do all other things necessary or
incidental to the full performance of this resolution, FURTHER, the
Council does hereby authorize the action herein without competitive
bidding for the reasons indicated in the aforesaid communication, and
such action is taken in accordance with the provisions set forth in Section
3 04 140D4 of the Livonia Code of Ordinances, as amended
#164-00 RESOLVED, that having considered a communication from
the Director of Public Works and the City Engineer, dated February 17,
2000, which bears the signature of the Director of Finance and is
approved for submission by the Mayor, requesting an additional
appropriation for additional work necessary to complete the construction
of a Maintenance/Recreation Storage Facility at the Police Station and a
Truck Scale Facility on Glendale Avenue, previously authorized pursuant
to Council Resolution 508-99, the Council does hereby appropriate and
authorize the expenditure of the additional sum of $67,665 74 from the
following sources for this purpose for the reasons outlined in the
aforesaid communication
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An expenditure in the amount of $21,450 00 from the Capital
Improvement Fund Capital Outlay Buildings, Account No 401-000-
975-000,
An expenditure in the amount of $2,368 00 from Account No 297-
751-975-000 (Cable Van), and
An expenditure in the amount of $43,847 74 ($10,713 11 for the
Maintenance and Storage Building and $33,134 63 for the Truck
Scale Building) from the Unexpended Fund Balance of the Refuse
Fund
FURTHER, the Council does hereby authorize payment to be made to
Bedzyk Bros., Inc. in the amount of$67,665 74 for this additional work.
#165-00 RESOLVED, that having considered a communication from
the Department of Law, dated February 14, 2000, approved for
submission by the Mayor, and to which is attached a proposed lease
agreement extension between the City of Livonia and Hegira Programs,
Inc. for a period of six months commencing April 1, 2000 through
September 30, 2000, based upon the same terms and conditions as those
which are set forth in an agreement dated October 14, 1999, authorized
by Council Resolution 674-99, the Council does hereby authorize the
Mayor and City Clerk, for and on behalf of the City of Livonia, to execute
the attached Agreement, subject to approval as to form by the Department
of Law, as well as to do all other things necessary or incidental to the full
performance of this resolution
#166-00 RESOLVED, that having considered a communication from
the City Planning Commission, dated February 15, 2000, which transmits
its resolution 2-29-2000, adopted on February 8, 2000, with regard to
Petition 99-12-SN-17, submitted by Flooring America, requesting approval
for signage for the commercial building located at 30295 Plymouth Road
in the Northwest 1/4 of Section 36, the Council does hereby concur in the
recommendation of the Planning Commission and hereby approves
Petition 99-12-SN-17, subject to the following conditions
1 That the Sign Package submitted by Toledo Sign, as received oy
the Planning Commission on December 17, 1999, is hereby
approved and shall be adhered to, except for the following
- That the wall sign for the north elevation of the building shall
not exceed 44 sq ft in sign area,
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That the wall sign for the east elevation of the building is not
approved at this time but will be reconsidered once the
petitioner has its request for a non-conforming sign
heard by the Zoning Board of Appeals; and
2. That all signage shall not be illuminated between the hours of
midnight and 5 00 a m ,
3 That any additional signage shall come back before the Planning
Commission and City Council for their review and approval, and
4 That any "bleeding" of the letters that appears to the mansard roof
shall be repainted so as not to show
#167-00 RESOLVED, that having considered a communication from
the City Planning Commission, dated February 15, 2000, which transmits
its resolution 2-25-2000, adopted on February 8, 2000, requesting
approval of the Landscape Plan for Petition 99-5-2-16, submitted by
GMRI, Inc. in connection with a proposal to construct a full service
restaurant (Bahama Breeze) on property located on the east side of
Haggerty Road between Seven Mile and Eight Mile Roads in the
Southwest 1/4 of Section 6, the Council does hereby concur in the
recommendation of the Planning Commission, and the landscape plan in
connection with Petition 99-5-2-16 is hereby approved and granted,
subject to the following conditions
1 That the Landscape Plans marked Sheet L1 and Sheet L2, both
dated February 3, 2000, prepared by Wolfgang Doerschlag
Architects & Engineers, are hereby approved and shall be adhered
to,
2 That all disturbed lawn areas shall be sodded in lieu of hydro-
seeding,
3 That underground sprinklers are to be provided for all landscaped
and sodded areas, and all planted materials shall be installed to the
satisfaction of the Inspection Department and thereafter
permanently maintained in a healthy condition, and
4 That the petitioner shall correct to the Inspection Department's
satisfaction the following site deficiency as outlined in the
correspondence dated February 1, 2000.
That the entire parking lot shall be double striped
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A communication from the Office of the County Clerk, dated February 17,
2000, re a new fee which has been imposed by federal and state law upon cellular
phone users which will be distributed to municipalities based upon a population formula,
was received and placed on file for the information of the Council
#168-00 RESOLVED, that in accordance with the provisions set forth
in Section 4 of Act 207 of the Public Acts of Michigan of 1921, as
amended, the City Zoning Act (MSA 5 2934, MCLA 125.584), as well as
Article XXIII of Ordinance 543, as amended, the Zoning Ordinance of the
City of Livonia, the Council does hereby determine that a Public Hearing
will take place before the City Council of the City of Livonia on Monday,
April 17, 2000, at 7 00 p m at the City Hall, 33000 Civic Center Drive,
Livonia, Michigan, with respect to the following items
Petition 00-2-1-1, submitted by the City Planning Commission, on
its own motion, for a change of zoning of property located on the
north side of Five Mile Road between Golfview Drive and Ellen
Drive (Bobby's Country House site) in the Southeast 1/4 of Section
17 from PL to C-2, the City Planning Commission in its resolution 2-
36-2000 having recommended to the City Council that Petition 00-
2-1-1 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 Engebretson, Vandersloot, Pastor, Duggan, Laura and Brosnan
NAYS None
On a motion by Duggan, seconded by Pastor, and unanimously adopted,
32140
it was
#169-00 RESOLVED, that having considered a letter from Kurt W
Roskelly, Basney & Smith, Inc., dated February 10, 2000, on behalf of
Quality Metalcraft, Inc., and a letter from Quality Metalcraft, Inc., 33355
Glendale Avenue, Livonia, Michigan 48150, dated February 10, 2000,
wherein a request is made to purchase certain City-owned property
located adjacent to Quality Metalcraft on the north side of Glendale
Avenue in the Northwest 1/4 of Section 27, the Council does hereby refer
this matter to the Department of Law for the purpose of directing the
petitioner to obtain an appraisal with respect to this property and does
further request that the Department of Law thereafter submit its report and
recommendation to the Council
The following five people spoke to the Council in opposition to sale of City-
owned property that now includes the City of Livonia Archery Range
Michael DiFazio, 15590 Foch, Livonia, MI 48154
Tom Durfee, 15911 MacArthur, Redford Twp , MI 48239
Ben Abela 12836 Kinloch, Redford Twp , 48239
Bill Martell, 18974 Chapel, Redford Twp , 48239
Ray Swann, 13543 Lenore, Redford Twp , 48239
On a motion by Duggan, seconded by Laura, and unanimously adopted, it
was
#170-00 RESOLVED, that having considered a letter from Kurt W
Roskelly, Basney & Smith, Inc , dated February 10, 2000, on behalf of
Quality Metalcraft, Inc., 33355 Glendale Avenue, Livonia, Michigan 48150,
wherein a request is made to purchase certain City-owned property
located adjacent to Quality Metalcraft on the north side of Glendale
Avenue, the Council does hereby refer this subject to the Economic
Development Manager for a report and recommendation
On a motion by Engebretson, seconded by Pastor, and unanimously
adopted, it was
#171-00 RESOLVED, that having considered a letter from Kurt W
Roskelly, Basney & Smith, Inc., dated February 10, 2000, on behalf of
Quality Metalcraft, Inc., 33355 Glendale Avenue, Livonia, Michigan 48150,
wherein a request is made to purchase certain City-owned property
located adjacent to Quality Metalcraft on the north side of Glendale
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Avenue, the Council does hereby refer this subject to the Committee of
the Whole for a report and recommendation
A communication from Michael DiFazio, 15590 Foch, Livonia, MI 48154,
dated March 1, 2000, to which is attached a 1999 Archery Range Final Report from the
City of Livonia Department of Parks and Recreation, re his concern about the
purchase of City-owned property on Glendale Avenue that is home to the Livonia
Archery Range, was received and placed on file for the information of the Council
A communication from John Spehar, 13501 Salem Street, Redford Twp ,
MI 48239, dated March 7, 2000, re his concern about the purchase of City-owned
property on Glendale Avenue that is home to the Livonia Archery Range, was received
and placed on file for the information of the Council
A communication from Sandra Martell, 18974 Chapel Street, Redford
Twp , MI 48239, dated March 8, 2000, re her concern about the purchase of City-
owned property on Glendale Avenue that is home to the Livonia Archery Range, was
received and placed on file for the information of the Council
A communication from Tom Durfee, 15911 MacArthur Street, Redford
Twp , MI 48239, dated March 8, 2000, re his concern about the purchase of City-
owned property on Glendale Avenue that is home to the Livonia Archery Range, was
received and placed on file for the information of the Council
On a motion by Pastor, seconded by Laura, and unanimously adopted it
was
#172-00 RESOLVED, that having considered a communication from
the City Planning Commission, dated January 28, 2000, which transmits
its resolution 1-17-2000 adopted on January 25, 2000, requesting
approval of the Sign Permit Application and Landscape Plan in connection
with Petition 98-5-8-18 submitted by Sam Baki, which previously received
REVISED
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site plan approval per Council Resolution 582-98, to construct the Fox
Creek Estates Site Condominiums located at 36700 Seven Mile Road in
the South 1/2 of Section 5, the Council does hereby concur in the
recommendation of the Planning Commission, and the Sign Permit
Application and Landscape Plan in connection with Petition 98-5-8-18 are
hereby approved and granted, subject to the following conditions
1 That the Landscape Plan marked LS-1 dated January 29, 1999,
prepared by Unique Homes, is hereby approved and shall be
adhered to,
2 That all disturbed lawn areas shall be sodded in lieu of
hydroseeding,
3 That underground sprinklers are to be provided for all landscaped
and sodded areas, and all planted materials shall be installed to the
satisfaction of the Inspection Department and thereafter
permanently maintained in a healthy condition,
4 That the entrance marker and its location, as shown on the
approved plan, is hereby approved and shall be adhered to,
5 That this approval is subject to the petitioner being granted a
variance from the Zoning Board of Appeals for a sign erected within
the right-of-way and any conditions related thereto
A revised Landscape Plan, dated March 7, 2000, re Fox Creek Estates,
submitted by Unique Homes, 36700 Seven Mile Road, Livonia, 48152, was received
and placed on file for the information of the Council (Petition 98-5-8-18)
On a motion by Engebretson, seconded by Pastor, and unanimously
adopted, it was
#173-00 RESOLVED, that having considered a letter from Gail
Silvernail, Publicity Chairperson for the Clarenceville Athletic Booster
Club, received in the City Council Office on February 25, 2000, which
requests permission to display wire signs announcing the Clarenceville
School District's Athletic Booster Club "Spring Boutique" Craft Show to be
held on Saturday, March 25, 2000, which signs are to be 14" x 22" in size
and which will be displayed from March 11, 2000 through March 27, 2000,
at all major intersections in the City, with the provision that the signs on
Inkster Road at Five, Six & Seven Mile Roads be placed on the west side
tik..
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side of the street only, the Council does hereby grant and approve this
request in the manner and form herein submitted
A communication from Basney & Smith, Inc. dated February 2, 2000, re
the rejection of bids offered for City-owned property located at 12313 Stark Road, was
received and placed on file for the information of the Council (CR 245-99 and CR 877-
98)
A communication from Phoenix Land Development, dated February 15,
2000, re soil borings taken on City-owned property located at 12313 Stark Road and
its suitability for construction of a wetland, was received and placed on file for the
information of the Council (CR 245-99 and CR 877-98)
On a motion by Laura, seconded by Pastor, it was
#174-00 RESOLVED, that having considered the reports and
recommendations of the Streets, Roads and Plats Committee, dated
February 15, 2000, and February 29, 2000, submitted pursuant to Council
Resolution 245-99, and the report and recommendation of the Director of
Finance and the City Attorney, dated March 30, 1999, approved for
submission by the Mayor, submitted pursuant to Council Resolution 877-
98, with respect to bids received for the sale of City-owned property
located at 12313 Stark Road, more particularly described as
That part of the Southeast 1/4 of Section 28, T 1 S , R. 9
E , City of Livonia, Wayne County, Michigan, more
particularly described as beginning at a point distant
South 89°40'50" East, 608 30 feet and South 13°39'20"
West 458 08 feet from the Center 1/4 Corner of Section
28, thence proceeding South 13°39'20" West, 66 feet;
thence North 89°57'00" West, 276 feet; thence North
4°20'20" West, 66 feet; thence South 89°37'40" East,
296 58 feet to the point of beginning, except the Easterly
43 feet for the purpose of road right-of-way (12313
Stark Road, Sidwell 112-00-0005-001)
the Council does hereby authorize the sale of the aforesaid city-owned
property to Enrico Rosati, 18845 Gary Lane, Livonia, Michigan 48152, an
[adjacent property owner, for a total purchase price of $48,000 00, which
sale is conditioned upon 1) a portion of said property being used for road
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development purposes as set forth in a letter dated March 2, 2000, from
the Department of Law, approved for submission by the Mayor, to which is
attached a drawing prepared by the Engineering Division illustrating the
portion of the property to be used for road purposes, which condition shall
appear on the face of the deed, and 2) purchaser providing such title work
as may be required for this transaction and purchaser reimbursing the city
in the amount of $1,500 00 for the costs of its appraisal, the action herein
being taken in order to best serve the interests of the community; and the
Mayor and City Clerk are hereby authorized, for and on behalf of the City
of Livonia, to execute a quit claim deed and such other documents as may
be necessary or incidental to fulfill the purpose of this resolution, and the
Department of Law is hereby requested to prepare and place in proper
form such legal documents as may be necessary to consummate this
transaction
A roll call vote was taken on the foregoing resolution with the following result:
AYES Engebretson, Vandersloot, Pastor, Laura and Brosnan
NAYS Duggan
The President declared the resolution duly adopted
A communication from the Department of Law, dated March 2, 2000, to
which is attached a drawing from the Engineering Division, re the width and location of
a proposed roadway across the City-owned property at 12313 Stark Road, was
received and placed on file for the information of the Council
A communication from the Livonia Tree City Committee, dated February 1,
2000, re the concerns of sidewalk repair and replacement and sewage backup
problems due to tree roots not being under the jurisdiction of the Tree City Committee,
was received and placed on file for the information of the Council (CR 546-99)
A communication from the Department of Public Works, Public Service
Division, dated February 1, 2000, re recommendations of the Livonia Tree City
Committee concerning sidewalk repair and replacement and sewage backup problems
32145
due to tree roots, was received and placed on file for the information of the Council (CR
545-99).
A communication from Mayor Jack E Kirksey, dated February 15, 2000,
re the beautification of Five Mile Road island medians and the exterior maintenance of
businesses on Five Mile Road between Farmington and Middlebelt Roads suggested in
a letter sent by Carolyn L. Cowsert, 32451 Meadbowbrook, Livonia, 48154, was
received and placed on file for the information of the Council (CR 3-00)
On a motion by Laura, seconded by Engebretson, and unanimously
adopted, it was
#175-00 RESOLVED, that having considered the report and
recommendation of the Streets, Roads and Plats Committee, dated
February 15, 2000, submitted pursuant to Council Resolution 2-00, the
report and recommendation of the Mayor, dated February 15, 2000, and a
letter from Carolyn L. Cowsert, dated November 30, 1999, regarding the
upgrading of island medians in the downtown area on Five Mile Road and
the exterior maintenance of businesses on Five Mile Road between
Farmington and Middlebelt Roads, the Council does hereby refer this
matter to the Mayor for implementation of the proposals contained therein
A communication from the Department of Law, dated January 24, 2000,
re usefulness of the Greenbelt Amendment to the Zoning Ordinance, was received and
placed on file for the information of the Council (CR 13-00)
On a motion by Laura, seconded by Engebretson, and unanimously
adopted, it was
#176-00 RESOLVED, that having considered the report and
recommendation of the Streets, Roads and Plats Committee, dated
February 15, 2000, submitted pursuant to Council Resolution 14-00, and
the report and recommendation of the Department of Law, dated January
24, 2000, submitted pursuant to Council Resolution 13-00, regarding the
subject of protective walls/greenbelts, the Council does hereby refer the
matter of protective walls and greenbelts to the Department of Law to
prepare an appropriate ordinance amendment to Section 18 45 of
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Ordinance No 543, the Zoning Ordinance, for submission to the City
Planning Commission and Council
A communication from the Department of Law, dated March 2, 2000, re
a draft amendment to the City's Wall/Greenbelt Ordinance (Section 18 45 of the Zoning
Ordinance), was received and placed on file for the information of the Council (CR 14-
00).
On a motion by Laura, seconded by Pastor, and unanimously adopted, it
was.
#177-00 RESOLVED, that having considered the report and
recommendation of the Streets, Roads and Plats Committee, dated
February 15, 2000, submitted pursuant to Council Resolution 14-00, and
the report and recommendation of the Department of Law, dated January
24, 2000, submitted pursuant to Council Resolution 13-00, and the
supplemental report of the Department of Law, dated March 2, 2000, to
which is attached a draft of an ordinance amending Section 18 45 of
Ordinance No 543, the Council does hereby determine on its own motion
to refer to and request that the City Planning Commission conduct a
Low Public Hearing on the question of whether such amendment should be
made, and thereafter submit a report and recommendation to Council
Councilmember Duggan gave first reading to the following Ordinance
AN ORDINANCE AMENDING SECTIONS 010, 030,
066, 072 AND 075 OF TITLE 10, CHAPTER 36
(OPERATING VEHICLE WHILE UNDER
INFLUENCE OF LIQUOR AND/OR CONTROLLED
SUBSTANCE) 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
Councilmember Duggan invoked the Emergency Clause and gave second
reading to the foregoing Ordinance and a roll call vote was taken thereon with the
following result:
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AYES Engebretson, Vandersloot, Pastor, Duggan, Laura and Brosnan
NAYS None
The President declared the foregoing Ordinance duly adopted, and would become
effective on publication
Councilmember Engebretson gave first reading to the following
Ordinance
AN ORDINANCE AMENDING SECTIONS 050, 150,
160, AND 180 OF TITLE 10, CHAPTER 18
(CERTIFICATES AND LICENSES) 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
Councilmember Engebretson invoked the Emergency Clause and gave
second reading to the foregoing Ordinance and a roll call vote was taken thereon with
the following result:
AYES Engebretson, Vandersloot, Pastor, Duggan, Laura and Brosnan
NAYS None
The President declared the foregoing Ordinance duly adopted, and would become
effective on publication
Councilmember Laura gave first reading to the following Ordinance
AN ORDINANCE AMENDING SECTION 9 OF THE
ZONING MAP OF THE CITY OF LIVONIA AND
AMENDING ARTICLE III OR ORDINANCE NO 543
AS AMENDED, KNOWN AND CITED AS "THE CITY
OF LIVONIA ZONING ORDINANCE" BY ADDING
SECTION 3 THERETO (Petition 99-6-1-7)
(CR 69-00)
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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 The above
Ordinance was placed on the table for consideration at the next regular meeting
Councilmember Duggan took from the table, for second reading and
adoption, the following Ordinance
AN ORDINANCE AMENDING SECTION 22 OF THE
ZONING MAP OF THE CITY OF LIVONIA AND
AMENDING ARTICLE III OF ORDINANCE NO 543,
AS AMENDED, KNOWN AND CITED AS THE "THE
CITY OF LIVONIA ZONING ORDINANCE" BY
ADDING SECTION 3 THERETO (Petition 99-
9-1-14) (CR 30-00)
A roll call vote was taken on the foregoing Ordinance with the following result:
AYES Engebretson, Vandersloot, Pastor, Duggan, Laura and Brosnan
NAYS None
The President declared the foregoing Ordinance duly adopted, and would become
effective on publication
Councilmember Vandersloot took from the table, for second reading and
adoption, the following Ordinance
AN ORDINANCE AMENDING SECTIONS 020, 050,
080 AND 090 OF TITLE 2, CHAPTER 96
(RETIREMENT PLAN) OF THE LIVONIA CODE OF
ORDINANCES, AS AMENDED
A roll call vote was taken on the foregoing Ordinance with the following result:
AYES Engebretson, Vandersloot, Pastor, Duggan, Laura and Brosnan
NAYS None
The President declared the foregoing Ordinance duly adopted, and would become
effective on publication
REVISED
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Councilmember Pastor took from the table, for second reading and
R
adoption, the following Ordinance
AN ORDINANCE AMENDING SECTION 150 OF
TITLE 5, CHAPTER 42 (HOTELS, MOTOR COURTS,
LODGINGHOUSES, ROOMINGHOUSES, ONE-
FAMILY RENTAL DWELLINGS, TWO-FAMILY
RENTAL DWELLINGS AND MULTIPLE-FAMILY
RENTAL DWELLINGS, AND BED AND BREAKFAST
ESTABLISHMENTS)) OF THE LIVONIA CODE OF
ORDINANCES, AS AMENDED
A roll call vote was taken on the foregoing Ordinance with the following result:
AYES Engebretson, Vandersloot, Pastor, Duggan, Laura and Brosnan
NAYS None
The President declared the foregoing Ordinance duly adopted, and would become
effective on publication
On a motion by Duggan, seconded by Pastor, and unanimously adopted,
it was
#178-00 RESOLVED, that having considered Petition 00-2-3-1
submitted by Razvan Vasu-Demetriade, dated February 3, 2000, wherein
a request is submitted for the vacating of a certain 12 foot easement
located at 17595 Merriman Road (Lot 1 of the Thomas F O'Connor's
Merriman Park 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
On a motion by Engebretson, seconded by Vandersloot, it was
#179-00 RESOLVED, that having considered a letter from Frank L.
Grisa, P E , Mego, Inc - Midas Auto Service Experts, dated February 14,
2000, in connection with parking problems at Midas Auto Service Experts,
19078 Middlebelt Road, Livonia, Michigan, the Council does hereby refer
this matter to the Committee of the Whole for its report and
recommendation
A roll call vote was taken on the foregoing resolution with the following result:
32149
Councilmember Pastor took from the table, for second reading and
adoption, the following Ordinance
AN ORDINANCE AMENDING SECTION 150 OF
TITLE 5, CHAPTER 42 (HOTELS, MOTOR COURTS,
LODGINGHOUSES, ROOMINGHOUSES, ONE-
FAMILY RENTAL DWELLINGS, TWO-FAMILY
RENTAL DWELLINGS AND MULTIPLE-FAMILY
RENTAL DWELLINGS, AND BED AND BREAKFAST
ESTABLISHMENTS)) OF THE LIVONIA CODE OF
ORDINANCES, AS AMENDED
A roll call vote was taken on the foregoing Ordinance with the following result:
AYES Engebretson, Vandersloot, Pastor, Duggan, Laura and Brosnan
NAYS None
The President declared the foregoing Ordinance duly adopted, and would become
effective on publication
On a motion by Duggan, seconded by Pastor, and unanimously adopted,
am, it was.
#178-00 RESOLVED, that having considered Petition 00-7-3-1
submitted by Razvan Vasu-Demetriade, dated February 3, 2000, wherein
a request is submitted for the vacating of a certain 12 foot easement
located at 17595 Merriman Road (Lot 1 of the Thomas F O'Connor's
Merriman Park 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
On a motion by Engebretson, seconded by Vandersloot, it was
#179-00 RESOLVED, that having considered a letter from Frank L.
Grisa, P E , Mego, Inc - Midas Auto Service Experts, dated February 14,
2000, in connection with parking problems at Midas Auto Service Experts,
19078 Middlebelt Road, Livonia, Michigan, the Council does hereby refer
this matter to the Committee of the Whole for its report and
recommendation
A roll call vote was taken on the foregoing resolution with the following result:
32150
AYES Engebretson, Vandersloot and Brosnan
NAYS Pastor, Duggan and Laura
With the permission of the chair, and prior to the President reciting the results of the
vote, Councilmember Duggan changed his vote The results of the vote then were.
AYES Engebretson, Vandersloot, Duggan and Brosnan
NAYS Pastor and Laura
The President declared the resolution duly adopted
Councilmember Duggan left the podium at 8 54 p m due to a conflict of interest.
On a motion by Laura, seconded by Pastor, and unanimously adopted, it
was
#180-00 RESOLVED, that having considered the report and
recommendation of the Director of Public Service and the City Engineer,
dated February 2, 2000, approved for submission by the Mayor, the
Council does hereby amend Item No 7 of Council Resolution 832-99,
adopted on December 6, 1999, so as to reduce the financial assurances
now on deposit with the City for general improvements in the Kenwood
Meadows Subdivision located in the Northeast 1/4 of Section 24 to
$44,000 00 of which at least $5,000 00 shall be in cash, to cover the cost
of remaining general improvements in said subdivision, and the financial
assurances now on deposit with the City, if any, shall be reduced
accordingly; FURTHER, all other financial assurances now on deposit w'th
the City shall remain the same and unchanged
A roll call vote was taken on the foregoing resolution with the following result:
AYES Engebretson, Vandersloot, Pastor, Laura and Brosnan
NAYS None
The President declared the resolution duly adopted
Councilmember Duggan returned to the podium at 8 55 p m
On a motion by Pastor, seconded by Engebretson, it was
#181.00 RESOLVED, that having considered a communication from
the City Planning Commission, dated February 15, 2000, which transmits
32151
its resolution 2-28-2000, adopted on February 8, 2000, with regard to
Petition 99-12-SN-16, submitted by CVS/Michigan National Bank,
requesting approval for signage for the property located at 19120
Middlebelt Road in the Southwest 1/4 of Section 1, the Council does
hereby concur in the recommendation of the Planning Commission and
hereby approves Petition 99-12-SN-16, subject to the following conditions.
1 That the sign package submitted by Sign Art, Inc., as received by
the Planning Commission on January 18, 2000, is hereby approved
and shall be adhered to, except for the following
That the directional signs, identified as signs #6, #7, #8 and
#9, are seen as redundant and shall not be permitted,
That the drive-thru pharmacy signs, identified as signs #4
and #5, are hereby considered directional signs and each
shall not exceed 4 sq ft. in sign area,
That the sign on the west elevation of the canopy, identified
as sign #5, shall only contain the graphic "Exit;"
2 That all signage shall not be illuminated between the hours of
midnight and 5 00 a m ,
3 That this approval is subject to the petitioner being granted a
variance from the Zoning Board of Appeals for excess of the
number of signs and the amount of sign area allowed by the sign
ordinance, and
4 That any additional signage shall come back before the Planning
Commission and City Council for their review and approval
A roll call vote was taken on the foregoing resolution with the following result:
AYES Engebretson, Vandersloot, Pastor, Laura & Brosnan
NAYS Duggan
The President declared the resolution duly adopted
A communication from the Department of Law, dated March 2, 2000, re
the routing of future control zone sign petitions to the Zoning Board of Appeals prior to
Council review, was received and placed on file for the information of the Council
(Petition 99-12-SN-16)
32152
On a motion by Duggan, seconded by Pastor, and unanimously adopted,
it was
#182-00 RESOLVED, that in connection with Petition 99-9-8-23,
submitted by Canvasser Brothers, on behalf of Buckingham Plaza,
requesting site plan approval in connection with a proposal to renovate a
portion of the exterior building elevation of the shopping center located at
27462 Schoolcraft Road in the Southeast 1/4 of Section 24, the Council
does hereby refer the subject of identifying the ownership of the
Buckingham Plaza property to the Department of Law for its report and
recommendation
Frank Klaetke, a representative of Klaetke & Marino Architects, 220
Bagley, Suite 508, Detroit, MI 48226, on behalf of Canvasser Brothers, who manages
Buckingham Plaza, addressed the Council regarding the matter of ownership of
buildings in said plaza
On a motion by Duggan, seconded by Pastor, it was
RESOLVED, that in connection with Petition 99-9-8-23,
submitted by Canvasser Brothers, on behalf of Buckingham Plaza,
requesting site plan approval in connection with a proposal to renovate a
portion of the exterior building elevation of the shopping center located at
27462 Schoolcraft Road in the Southeast 1/4 of Section 24, the Council
does hereby refer the subject of identifying the ownership of the
Buckingham Plaza property to the Committee of the Whole for its report
and recommendation
On a motion by Engebretson, seconded by Pastor, it was
RESOLVED, that the City Council does hereby determine in
lieu of the foregoing resolution, to substitute the following
RESOLVED, that approving resolutions for the site plan
from the Planning Commission, regarding Petition 99-9-8-23 by
Canvasser Brothers, on behalf of Buckingham Plaza, in connection with a
proposal to renovate a portion of the exterior building elevation of the
shopping center located at 27462 Schoolcraft Road in the Southeast % of
Section 24, be moved to the next Regular Meeting of the City Council to
be held on March 22, 2000
A roll call vote was taken on the motion to substitute as follows
32153
AYES Engebretson, Vandersloot, Pastor, Duggan and Brosnan
NAYS Laura
The President declared the motion to substitute adopted
On a motion by Engebretson, seconded by Pastor, it was
#183-00 RESOLVED, that approving resolutions for the site plan
from the Planning Commission, regarding Petition 99-9-8-23 by
Canvasser Brothers, on behalf of Buckingham Plaza, in connection with a
proposal to renovate a portion of the exterior building elevation of the
shopping center located at 27462 Schoolcraft Road in the Southeast 1/4 of
Section 24, be moved to the next Regular Meeting of the City Council to
be held on March 22, 2000
A roll call vote was taken on the substitute resolution with the following result:
AYES Engebretson, Vandersloot, Pastor, Duggan and Brosnan
NAYS Laura
The President declared the substitute resolution adopted
A communication from the Department of Finance, dated March 2, 2000
re report on all false alarm charges outstanding and efforts being made to collect these
charges, was received and placed on file for the information of the Council
A communication from the Department of Law, dated March 6, 2000, re
receipt of half of a $1,200 balance owed to the City by Drug and Party Fair for false
alarms and a promise that the balance will be paid within a month, was received and
placed on file for the information of the Council (Petition 99-9-8-23)
On a motion by Engebretson, seconded by Pastor, and unanimously
adopted, it was
#184-00 RESOLVED, that in connection with Petition 99-9-8-23,
submitted by Canvasser Brothers, on behalf of Buckingham Plaza,
requesting site plan approval in connection with a proposal to renovate a
portion of the exterior building elevation of the shopping center located at
32154
27462 Schoolcraft Road in the Southeast 1/4 of Section 24, the Council
does hereby refer the subject of window signage and lottery signs on the
pole located at Drug & Party Fair to the Inspection Department for its
report and recommendation
On a motion by Duggan, seconded by Pastor, and unanimously adopted,
it was.
#185-00 RESOLVED, that having considered a communication from
the City Planning Commission, dated February 16, 2000, which transmits
its resolution 2-31-2000 adopted on February 8, 2000, with regard to
Petition 99-10-8-25 submitted by Redford Oak Plaza, on behalf of Big
Lots, requesting site plan approval in connection with a proposal to
renovate a portion of the exterior building elevation of the commercial
building located at 30000 Plymouth Road in the Southeast 1/4 of Section
26, pursuant to the provisions set forth in Section 18 47 of Ordinance No
543, as amended, the Council does hereby refer this matter to the
Committee of the Whole for its report and recommendation
Mr Schrecongost spoke to the Council regarding the revised renderings
for signage and awning projection on the renovation of a portion of the exterior building
elevation located at 30000 Plymouth Road for Big Lots, Inc. (Petition 99-10-8-25)
Mr Robert Shanks, 23852 Chipmunk, Novi, MI 48375, spoke to the
Council regarding the revised renderings for signage and awning projection on the
renovation of a portion of the exterior building elevation located at 30000 Plymouth
Road for Big Lots, Inc. (Petition 99-10-8-25)
Four color renderings showing signage and awning projection, dated
March 6, 2000, received from All Star Signs on behalf of Big Lots for property located at
30000 Plymouth Road, Livonia, 48150 was received and placed on file for the
information of the Council
A communication from Robert Shanks, 23852 Chipmunk, Novi, MI 48375,
re a suggested list of stores to be visited by the Livonia City Council that represents the
32155
direction of Consolidated Stores, was received and placed on file for the information of
the Council (Petition 99-10-8-25)
A communication from Musicland Group, Inc., dated February 7, 2000,
received by the Office of the City Clerk on February 29, 2000, re repairing and re-
striping of the parking lot in the Spring of 2000 on property located at 30000 Plymouth
Road, Livonia, 48150, was received and placed on file for the information of the Council
On a motion by Duggan, seconded by Laura, and unanimously adopted, it
was.
#186-00 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 Duggan, seconded by Laura, and unanimously adopted, it
was
#187-00 RESOLVED, that in accordance with the provisions set forth
in Section 4 of Act 207 of the Public Acts of Michigan of 1921, as
amended, the City Zoning Act (MSA 5.2934, MCLA 125 584), as well as
Article XXIII of Ordinance 543, as amended, the Zoning Ordinance of the
City of Livonia, the Council does hereby determine that a Public Hearing
will take place before the City Council of the City of Livonia on Monday,
April 17, 2000, at 7.00 p m at the City Hall, 33000 Civic Center Drive,
Livonia, Michigan, with respect to the following items
Petition 99-6-1-6, as amended, submitted by Marvin Walkon,
for a change of zoning of property located on the west side
of Newburgh Road between Pembroke Avenue and St.
Martins Avenue in the Northeast 1/4 of Section 6 from RUFC
to R-C, the City Planning Commission in its resolution 2-34-
2000 having recommended to the City Council that Petition
99-6-1-6 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
32156
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
On a motion by Duggan, seconded by Laura, and unanimously adopted, it
was
#188-00 RESOLVED, that the Council does hereby refer to the
Administration for a report and recommendation regarding a procedure by
which audience communication will have sign-in cards or boards
Councilmember Pastor wished his brother, Craig, a "Happy Birthday"
Brian Nathan, 29527 Oakview, Livonia, MI 48154, spoke to the Council
re Item # 27 - a proposal to renovate a portion of the exterior building elevation of the
Buckingham Shopping Center located at 27462 Schoolcraft Road at Inkster Road
(Petition 99-9-8-23), and Item #28, re Petition 99-10-8-25, suggesting the Council not
use the Walmart site as a role model for proposed petitioners to the City, claiming the
site to be an eyesore
On a motion by Laura, seconded by Duggan, and unanimously adopted, it
was
#189-00 RESOLVED, that having considered comments of a
resident, the Council does hereby refer the subject of inspecting the
Walmart Store site located at 13507 Middlebelt Road to determine if it is in
compliance with all conditions set forth when approved by Council to the
Administration for its report and recommendation
On a motion by Engebretson, seconded by Duggan, and unanimously
adopted, this 1412th Regular Meeting of the Council of the City of Livonia was adjourned
at 9 50 p m , March 8, 2000
Jtian McCotter, City Clerk