HomeMy WebLinkAboutCOUNCIL MINUTES 1999-10-13 31904
MINUTES OF THE ONE THOUSAND FOUR HUNDRED AND SECOND
REGULAR MEETING OF OCTOBER 13, 1999
On October 13, 1999, 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 Walsh delivered the invocation
Roll was called with the following result: John J Walsh, Val I
Vandersloot, John R. Pastor, Brian Duggan, Joe Laura, Maureen Miller Brosnan and
Jack Engebretson.
Absent: None
Elected and appointed officials present: Jack E. Kirksey, Mayor; Joan
McCotter, City Clerk, Robert Beckley, Director of Public Works, Jack Fegan, Director of
Building Inspection, Mark Taormina, City Planner; Sean Kavanagh, City Attorney; Jim
Inglis, Housing Director; Robert Schron, City Engineer; Jeff Bryant, Economic
Development Manager; Ron Reinke, Superintendent of Parks & Recreation, Jeanne
Treff, Administrative Assistant— Cable, Karen Szymula, Director of Legislative Affairs
On a motion by Duggan, seconded by Brosnan, and unanimously
adopted, it was
#688-99 RESOLVED, that the minutes of the 1,401st Regular Meeting
of the Council held September 29, 1999 are hereby approved as
submitted
During audience communication, Mayor Jack E Kirksey requested the
Council to give support to his opposition of House Bills 4927 through 4932 that would
require civil fines imposed by local law enforcement for motor carrier violations to be
paid to the County Treasurer for County Libraries
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On a motion by Pastor, seconded by Walsh, and unanimously adopted, it
was
#689-99 WHEREAS, local law enforcement agencies are responsible
for enforcing laws dealing with safety of motor vehicles and truck weights,
and
WHEREAS, House Bills 4927 through 4932 require that civil fines
imposed by local authority law enforcement agencies for motor carrier
violations be paid to the County Treasurer for county libraries, and
WHEREAS, House Bills 4927 through 4932 may result in local law
enforcement agencies being unable to enforce safety and weight laws,
and
WHEREAS, House Bills 4927 through 4932 undermine local control and
home rule, and
WHEREAS, House Bills 4927 through 4932 could lead to further
deterioration and damage to Michigan's roads if weight laws are not
enforced, and
WHEREAS, House Bills 4927 through 4932 could place the motoring
public at a greater safety risk if unsafe vehicles are allowed to continue
operating
NOW, THEREFORE, BE IT RESOLVED, that the City Council join the
Mayor of the City of Livonia in urging our elected representatives to
oppose the above-mentioned legislation,
BE IT FURTHER RESOLVED, that copies of this resolution be sent to
Governor John Engler, State Senator Thaddeus McCotter, State
Representative Laura M Toy, State Representative Gerald Law, the
Michigan Municipal League State and Federal Affairs Division, and the
Conference of Western Wayne
A communication from the Engineering Division, dated October 11, 1999,
re the status of the Rosdale Gardens Paving Project was received and placed on file
for the information of the Council (CR 575-99)
A communication from the Department of Finance, dated September 24,
1999, re the forwarding of various financial statements of the City of Livonia for the
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month ending August 31, 1999, was received and placed on file for the information of
the Council
At the direction of the Chair, Items 10 and 15 were removed from the
Consent portion of the Agenda
On a motion by Brosnan, seconded by Duggan, and unanimously
adopted, it was
#690-99 RESOLVED, that having considered a letter from !mad M
George, M D , 28000 Joy Road, Livonia, Michigan 48150, dated August 4,
1999, wherein a request is made to purchase certain City-owned property
located adjacent to his medical clinic at 28024 Joy Road (Sidwell #144-01-
0057-000), the Council does hereby refer this matter to the Department of
Law for its report and recommendation
#691-99 RESOLVED, that having considered a letter from Gail
Silvernail, Publicity Chairperson of the Clarenceville Athletic Booster Club,
received in the Office of the City Clerk on September 23, 1999, and a
subsequent letter received on September 29, 1999, requesting permission
to display wire signs announcing the Holiday Boutique to be held by the
Clarenceville Athletic Booster Club on Saturday, November 13, 1999,
which signs are to be 16" x 20" in size and which will be displayed at all
major intersections in the City from November 1, 1999, through November
14, 1999, the Council does hereby grant and approve this request in the
manner and form herein submitted
#692-99 RESOLVED, that having considered a letter from Diana
Giordano, Vice President of P T G and Bob Modes, Co-Chair, St. Edith
School, dated September 27, 1999, and a subsequent letter from Diana
Giordano dated October 1, 1999, requesting permission to place signs
announcing their fall craft show to be conducted on Saturday, November
13, 1999, which signs are to be 22" x 30" in size and which will be
displayed from November 7, 1999, through November 14, 1999, at the
following intersections
Ann Arbor Road and Newburgh
Plymouth Road and Newburgh
Schoolcraft and Newburgh
Five Mile and Newburgh
Six Mile and Newburgh
Seven Mile and Newburgh
Eight Mile and Newburgh
Joy Road and Newburgh
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Levan and Schoolcraft
Six Mile and Farmington
Six Mile and Merriman
Five Mile and Levan
Five Mile and Farmington
Levan and Plymouth
Haggerty and Five Mile (east side of Haggerty)
Haggerty and Six Mile (east side of Haggerty)
Five Mile and Merriman
Five Mile and Middlebelt
Five Mile and Inkster
the Council does hereby approve and grant this request in the manner and
form herein submitted
#693-99 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 six foot easement inside the
north property line of his property located at 9991 Clements Circle East,
the Council does hereby refer this matter to the City Engineer for a report
and recommendation
A communication from the office of the City Clerk, dated September 24,
1999 re the collection of Wayne County Transit Authority Taxes for 1999 was received
and placed on file for the information of the Council
#694-99 RESOLVED, that having considered the report and
recommendation of the Director of Finance, dated September 24, 1999,
approved for submission by the Mayor, with regard to quotes received for
Life Insurance and Accidental Death and Disability coverage as set forth
in the list and tabulation attached to the aforesaid communication, the
Council does hereby accept the quoted price of Reliastar Life Insurance
Company, P 0 Box 20, Route 7812, Minneapolis, Minnesota 55440, to
provide Life Insurance at the rate of $ 18 per $1,000 payroll per month
and Accidental Death and Disability Insurance at the rate of$ 02 per
$1,000 payroll per month, the same having been in fact the lowest quotes
received, FURTHER, the Council does hereby authorize an Agreement
between the City of Livonia and Reliastar Life Insurance Company to buy
Life Insurance and Accidental Death and Disability Insurance coverage at
these rates for a three year period effective October 1, 1999, FURTHER,
the Council does hereby authorize the said purchase without competitive
bidding in accordance with Section 3 04 140D2 of the Livonia Code of
Ordinances, as amended
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#695-99 RESOLVED, that having considered the report and
recommendation of the Housing Director, dated September 17, 1999,
which bears the signature of the Director of Finance and is approved for
submission by the Mayor, wherein the Housing Commission has
recommended the following rental increases to become effective
December 1, 1999, with respect to the City-owned scattered site
properties as follows
Current Proposed
2 Bedroom $255 $275
29149 Morlock
20121 Floral
27545 Long
11683 Cardwell
3 Bedroom $340 $360
11910 Cardwell
21411 Arcola
31220 Hathaway
19941 Deering
9880 Harrison
11784 Arcola
33916 Five Mile
+ •• 4 Bedroom $405 $425
20120 Deering
The above rents exclude utilities
The Council does hereby concur in and approve of the recommended
action
#696-99 RESOLVED, that having considered the report and
recommendation of the Superintendent of Parks and Recreation, dated
September 15, 1999, which bears the signature of the Director of Finance
and is approved for submission by the Mayor, the Council does hereby
accept the bid of Gametime, in care of Continental Leisure Sales, P 0
Box 1409, 348 South Waverly, Holland, Michigan 49423, for supplying
the Department of Parks and Recreation with two fitness clusters to be
located at Rotary Park and Bicentennial Park for the total amount of
$29,240 00, the same having been in fact the lowest bid received, and
meets all specifications
A communication from the Department of Parks and Recreation, dated
September 16, 1999, re request to accept Master Recreation and Parks Plan, was
received and placed on file for the information of the Council
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#697-99 RESOLVED, that having considered the report and
recommendation from the Superintendent of Parks and Recreation, dated
September 16, 1999, which bears the signature of the Director of Finance
and is approved for submission by the Mayor, which sets forth Parks and
Recreation Commission Resolutions 2454-98 and 2487-99, wherein it is
recommended that the Council accept the attached Master Recreation
and Parks Plan prepared by the Parks and Recreation Department and
the Planning Department, the Council does hereby accept and approve of
the said plan in the manner and form herein submitted
#698-99 RESOLVED, that having considered a letter from the
Michigan Liquor Control Commission, dated November 25, 1998, and a
report and recommendation of the Chief of Police, dated September 22,
1999, in connection therewith, the Council does hereby recommend denial
of the request from Rite-Aid of Michigan, Inc. to transfer ownership of a
1996 SDM license (in escrow) from Apex Drug Stores, Inc and to transfer
location from 29350 Plymouth Road to 27401 Six Mile Road, Livonia,
Michigan 48154, Wayne County, based upon the fact that the applicant's
request for a waiver use for this purpose, pursuant to Sections 11 03 and
19 06 of Livonia Zoning Ordinance No 543, as amended, was denied by
the City Council at the Regular Meeting of August 30, 1999 pursuant to
Council Resolution 624-99, and the City Clerk is hereby requested to
forward a certified copy of this resolution to the Michigan Liquor Control
it Commission
#699-99 RESOLVED, that having considered the report and
recommendation of the Superintendent of Public Service and the Director
of Public Works, dated September 15, 1999, which bears the signature of
the Director of Finance and is approved for submission by the Mayor, the
Council does hereby accept the unit price bid of Tri-County Tree Expert
Company, P 0 Box 335, Romeo, Michigan 48065, for completing all work
required in connection with the City's fall 1999 Municipal Tree Trimming
Program for the estimated cost of$59,082 00 for Area #1 and $54,567 50
for Area #2, for a total amount of$113,649 50, based upon the Public
Service Division's estimate of units involved, and subject to final payment
based upon the actual units completed in accordance with the unit prices
accepted herein, said estimated cost and unit prices having been in fact
the lowest bid received, and the Director of Public Works is hereby
authorized to approve minor adjustments in the work as it becomes
necessary; and the Mayor and City Clerk are hereby authorized to
execute a contract for and on behalf of the City of Livonia with the
aforesaid bidder and to do all other things necessary or incidental to the
full performance of this resolution
#700-99 RESOLVED, that having considered the report and
recommendation of the Public Utility Manager and the Director of Public
31910
Works, dated September 24, 1999, which bears the signature of the
Director of Finance and is approved for submission by the Mayor, the
Council does hereby accept the bid of C Davis Roofing, Inc., 6539
Burroughs, Sterling Heights, Michigan 48314, for completing all work
required in connection with the Department of Public Works Equipment
Maintenance Garage re-roofing project in the total amount of$67,500 00,
FURTHER, the Council does hereby authorize the expenditure of a sum
not to exceed $67,500 00 from Account No 101-447-975-000 (Building
Maintenance Section) for this purpose, and the Director of Public Works
is hereby authorized to approve minor adjustments in the work as it
becomes necessary, and the Mayor and City Clerk are hereby authorized
to execute a contract, for and on behalf of the City of Livonia, with the
aforesaid bidder and to do all things necessary or incidental to the full
performance of this resolution
A communication from Public Service Division, dated October 8, 1999, re
the purchase of eleven emergency generators, was received and placed on file for the
information of the Council
#701-99 RESOLVED, that having considered the report and
recommendation of the Superintendent of Public Service and the Director
of Public Works, dated September 17, 1999, which bears the signature of
the Director of Finance and is approved for submission by the Mayor, the
Council does hereby accept the quote of Sears, Roebuck and Co , 35000
Wayne Road, Westland, Michigan 48185, for supplying the Police
Department and Public Service Division with eleven (11) Generac 32718
generators at the unit price of$1,709 99, for a total amount of
$18,809 89, FURTHER, the Council does hereby appropriate and
authorize the expenditure of the sum of$18,809 89 as follows $1,709 99
for one (1) Sears Generator for the DPW fueling facility from Account No
101-446-766-000 (Equipment Maintenance Supplies) and $17,099 90 for
ten (10) Sears generators for priority traffic signal locations from Account
No 202-475-786-000 (Traffic Signal Control Supplies), FURTHER, the
Council does hereby determine to authorize such action 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 140D1 of the Livonia Code of
Ordinances, as amended
#702-99 RESOLVED, that having considered a communication from
the City Planning Commission, dated September 22, 1999, which
transmits its resolution 9-162-99 adopted on September 21, 1999, with
regard to Petition 99-8-8-22, submitted by Darin & Associates, Inc. on
behalf of Disabled American Veterans, Chapter 114, requesting site plan
31911
approval in connection with a proposal to construct an addition onto an
existing building on property located at 30905 Plymouth Road in the
Northwest 1/4 of Section 35, 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 99-8-8-
22 is hereby approved and granted, subject to the following conditions.
1 That the Exterior Building Elevation Plan marked Sheet A-4 by
Makas Associates, Inc., as received by the Planning Commission
on August 20, 1999, is hereby approved and shall be adhered to,
2 That the building materials of the new addition shall match that of
the existing building, so that once completed the entire structure
shall look as if it were constructed at one time,
3 That all disturbed lawn areas shall be sodded in lieu of
hydroseeding,
4 That within the next thirty (30) days, one of the following shall take
place concerning the south property line
- that the required protective wall shall be erected, or
- that a fully detailed Landscape Plan defining a greenbelt area
shall be submitted for the review and approval of the Planning
Commission,
5 That no signs, either freestanding or wall mounted, are approved
with this petition
#703-99 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, November 17, 1999, at 7 00 p m at the City Hall, 33000
Civic Center Drive, Livonia, Michigan, with respect to the following items
(1) Petition 99-6-1-10, submitted by T Rogvoy Associates, on behalf of
Millennium Park, for a change of zoning of property located on the
south side of Schoolcraft Road, east of Middlebelt Road in the
North 1/2 of Section 25, from M-2 to C-2, the City Planning
Commission in its resolution 9-161-99 having recommended to the
City Council that Petition 99-6-1-10 be approved, and
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L. (2) Petition 99-8-1-12, submitted by Bill Brown Ford, for a change of
zoning of property located on the north side of Plymouth Road, east
of Sears Drive between Middlebelt and Merriman Roads, in the
Southeast 1/4 of Section 26, from M-1 to C-2, the City Planning
Commission in its resolution 9-158-99 having recommended to the
City Council that Petition 99-8-1-12 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
A roll call vote was taken on the foregoing resolutions with the following result:
AYES Walsh, Vandersloot, Pastor, Duggan, Laura, Brosnan and
Engebretson
NAYS None
On a motion by Walsh, seconded by Vandersloot, and unanimously
adopted, it was
#704-99 RESOLVED, that having considered the report and
recommendation of the Director of Public Works and the City Engineer,
dated September 28, 1999, approved for submission by the Mayor,
regarding the paving of Henry Ruff Road between Five Mile Road and
Lyndon, the Council does hereby refer this matter to the Streets, Roads
and Plats Committee for its report and recommendation
A communication from the Department of Public Service, dated
October 12, 1999, re the paving of Henry Ruff between Five Mile Road and Lyndon,
was received and placed on file for the information of the Council
On a motion by Duggan, seconded by Brosnan, and unanimously
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adopted, it was
#705-99 RESOLVED, that Zef Ivezaj, 18440 Van Road, Livonia,
Michigan 48152, as proprietor, having requested the City Council to
approve the proposed Master Deed of the Gruda Site Condominium
Development in the Northeast 1/4 of Section 14 of the City of Livonia
(hereafter the "Condominium"), and it further appearing that approval of
the site plan for the Condominium was given by the City Planning
Commission on November 25, 1997, and by the City Council on April 8,
1998, and it further appearing that such site plan, together with
Development Plans and specifications for improvements have been
examined and approved by the Department of Public Works as set forth in
the report of that Department, dated September 17, 1999, and the City
Planning Commission having approved the Master Deed on January 13,
1998, therefore, the City Council does hereby approve of the said Master
Deed on the following conditions
(1) All of the improvements, utilities and grading shall be constructed,
installed and accomplished in conformity with the provisions of the
ordinances of the City of Livonia, including Sections 18 62 and
18 63 of Ordinance No 543, as amended, and the provisions
referenced therein, and the regulations and specifications of the
Department of Public Works and the Development Plans submitted
by the proprietor and approved by such Department; all such
improvements to be constructed, installed, accomplished and
completed within a period of two (2) years from the effective date of
this resolution, failing this, the approval contained herein shall be
considered null, void and of no effect whatsoever;
(2) That all inspection fees and other charges due to the City of Livonia
shall be fully paid at the time and in the manner provided in the said
ordinance provisions,
(3) That the installation of all such improvements shall be subject at all
times to the supervision and inspection and final approval of the
Department of Public Works, and such improvements shall not be
considered as having been satisfactorily and completely installed
until there is filed with the City Council the certificate as provided in
such ordinance provisions,
(4) That the proprietor enter into an agreement with the City of Livonia
agreeing to construct, within the prescribed period of time and in
the prescribed manner, all improvements required to the extent
required by the City of Livonia and as shown on the approved
Development Plans,
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(5) That the Master Deed complies with the requirements of the
Subdivision Control Ordinance, Title 16, Chapters 16 04 - 16 40 of
the Livonia Code of Ordinances, and Article XX of Ordinance No
543, as amended, being Sections 20 01 - 20 06 of the ordinance,
except the following shall be incorporated That full-face four (4")
inch brick shall, at a minimum, be installed on the first story of each
unit on all four sides, with a full brick chimney, and street lights shall
be mandatory;
(6) That as a condition of obtaining approval of the Master Deed prior
to the completion of all required improvements, the proprietor shall
file with the City of Livonia a corporate surety bond, certified check,
cash bond, irrevocable letter of credit, or other financial assurance
in such form as may be approved by the Department of Law
guaranteeing the satisfactory installation of all such improvements,
utilities and grading by the proprietor within the prescribed period in
the following amounts
(a) General Improvement Bond $330,000 00, of which at least
$10,000 00 shall be in cash
(b) Grading & Soil Erosion $ 4,200 00 (all cash)
Control Bond
and require cash payments in the total amount of$30,965 00,
(7) That the distribution lines for telephones and electric service are to
be placed underground and ornamental street lights are to be
provided throughout the Condominium in accordance with City
ordinances, and
(8) That the first floor of each condominium unit shall be brick or stone,
on all four sides, and the total amount of brick or stone on each
two-story colonial or cape cod unit shall not be less than 75%, with
full brick chimney, and the total amount of brick or stone on each
one-story ranch style home shall not be less than 80%, with full
brick chimney, and square foot minimums of usable living space
shall be 3,000 for two-story colonials, 2,800 for two-story cape cods
and 2,300 for one-story ranch style homes, and sidewalks and
street lights shall be mandatory; FURTHER, that each home shall
be built with no less than a two and one-half car garage, and the
brick or stone requirements shall cover the entire first floor on a
two-story or cape cod home
Councilmember Walsh gave first reading to the following Ordinance
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AN ORDINANCE AMENDING SECTION 2 08 OF ARTICLE II AND
SECTION 4 02 OF ARTICLE IV, AND ADDING SECTION 411 TO
ARTICLE IV AND SECTION 5 14 TO ARTICLE V OF ORDINANCE
NO 543, AS AMENDED, KNOWN AND CITED AS "THE CITY OF
LIVONIA ZONING ORDINANCE"
The above Ordinance was placed on the table for consideration at the
next Regular Meeting on October 27, 1999
Councilmember Walsh gave first reading to the following Ordinance
AN ORDINANCE AMENDING SECTION 5 03 OF ARTICLE V OF
ORDINANCE NO 543, AS AMENDED, KNOWN AND CITED AS
THE "CITY OF LIVONIA ZONING ORDINANCE"
The above Ordinance was placed on the table for consideration at the
next Regular Meeting on October 27, 1999
A communication from the Department of Law, dated October 11, 1999,
conveying three different versions of the proposed ordinance, was received and placed
on file for the information of the Council
Karen Duff Egan addressed the Council and thanked the members for
their efforts in researching and reviewing all aspects of this ordinance
On a motion by Walsh, seconded by Vandersloot, and unanimously
adopted, it was
#706-99 RESOLVED, that having considered the report and
recommendation of the Legislative Committee, dated September 21,
1999, submitted pursuant to Council Resolution 513-99, and a
communication from the City Planning Commission, dated April 22, 1999,
which sets forth its resolution 4-64-99 adopted on April 20, 1999, with
regard to Petition 99-2-6-1, submitted by the City Planning Commission,
pursuant to Council Resolution 405-98, to determine whether or not to
amend Sections 2 08, 4 02 and 4 03 of the Zoning Ordinance to set forth
zoning requirements for family (1 to 6 children) and group (7 to 12
children) day care homes in residential districts, the Council does hereby
refer the subject of inspections of Family and Group Day Care Homes for
REVISED PAGE — SEE 1st READING 31916
compliance with fire codes to the Fire Marshal for a report and
recommendation
On a motion by Walsh, seconded by Pastor, and unanimously adopted, it
was
#707-99 RESOLVED, that having considered the report and
recommendation of the Legislative Committee, dated September 28,
1999, submitted pursuant to Council Resolution 768-98, regarding the
matter of reviewing the issue of amending the Special Assessment
Ordinance, and having also considered the report and recommendation of
the Department of Law, dated September 21, 1999, approved for
submission by the Mayor, the Council does hereby concur in the
recommendation of the Department of Law concerning certain procedural
changes to the special assessment process and does hereby direct the
City Engineer and the Director of Finance to take all steps necessary to
insure that bids be taken for future improvement projects prior to
confirmation of the Special Assessment Roll
Ralph Williams, 18630 Foch, Livonia, spoke to the Council re special
assessment interest rates
#708-99 RESOLVED, that having considered the report and
recommendation of the Legislative Committee, dated September 28,
1999, submitted pursuant to Council Resolution 768-98, and the report
and recommendation of the Department of Law, dated September 21,
1999, approved for submission by the Mayor, with regard to the matter of
reviewing the issue of amending the Special Assessment Ordinance, the
Council does hereby refer this matter to the Department of Law to prepare
an appropriate amendment to Chapter 3 08 of the Livonia Code of
Ordinances for submission to Council to require
a) That a bid shall be sought following the needs assessment;
b) That the second Public Hearing shall be held after receipt of the bid,
c) That the roll shall be confirmed at a subsequent Council meeting, and
d) That liens shall not take effect until initiation of construction
Councilmember Duggan gave first reading to the following Ordinance
AN ORDINANCE AMENDING SECTION 7 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 3812 THERETO
REVISED PAGE - SEE 2nd READING 31917
The above Ordinance was placed on the table for consideration at the
next Regular Meeting on October 27, 1999
Councilmember Vandersloot took from the table, for second reading and
adoption, the following Ordinance
AN ORDINANCE AMENDING TITLE 2, CHAPTER 100 (THE LIVONIA
MULTI-CHANNEL VIDEO PROVIDER REGULATORY ORDINANCE) OF
THE LIVONIA CODE OF ORDINANCES, AS AMENDED
A roll call vote was taken on the foregoing Ordinance with the following result:
AYES Walsh, Vandersloot, Pastor, Duggan, Laura, Brosnan and
Engebretson
NAYS None
The President declared the foregoing Ordinance duly adopted, and would become
effective on publication
A communication from the Inspection Department, dated October 8, 1999,
re an inspection of the property at 27845 - 27849 Seven Mile Road, was received and
placed on file for the information of the Council
Joseph Shallah, attorney for the Kannu Corporation, requested Council to
approve the transfer of ownership of a 1999 SDD-SDM licensed business from Isa
Jamil Mufarreh
On a motion by Duggan, seconded by Brosnan, and unanimously
adopted, it was
#709-99 RESOLVED, that having considered a letter from the
Michigan Liquor Control Commission, dated June 14, 1999, and a report
and recommendation from the Chief of Police, dated September 15, 1999,
approved for submission by the Mayor, the Council does hereby approve
of the request from Kannu Corporation for transfer of ownership of a 1999
SDD-SDM licensed business from Isa Jamil Mufarreh for a business
located at 27845 - 27849 W Seven Mile Road, Livonia, Michigan, Wayne
REVISED PAGE - SEE 2nd READING 31917
The above Ordinance was placed on the table for consideration at the
next Regular Meeting on October 27, 1999
Councilmember Vandersloot took from the table, for second reading and
adoption, the following Ordinance
AN ORDINANCE AMENDING TITLE 2, CHAPTER 100 (THE LIVONIA
MULTI-CHANNEL VIDEO PROVIDER REGULATORY ORDINANCE) OF
THE LIVONIA CODE OF ORDINANCES, AS AMENDED
A roll call vote was taken on the foregoing Ordinance with the following result:
AYES Walsh, Vandersloot, Pastor, Duggan, Laura, Brosnan and
Engebretson
NAYS None
The President declared the foregoing Ordinance duly adopted, and would become
effective on publication
A communication from the Inspection Department, dated October 8, 1999,
re an inspection of the property at 27845 - 27849 Seven Mile Road, was received and
placed on file for the information of the Council
Joseph Shallah, attorney for the Kannu Corporation, requested Council to
approve the transfer of ownership of a 1999 SDD-SDM licensed business from Isa
Jamil Mufarreh
On a motion by Duggan, seconded by Brosnan, and unanimously
adopted, it was
#709-99 RESOLVED, that having considered a letter from the
Michigan Liquor Control Commission, dated June 14, 1999, and a report
and recommendation from the Chief of Police, dated September 15, 1999,
approved for submission by the Mayor, the Council does hereby approve
of the request from Kannu Corporation for transfer of ownership of a 1999
SDD-SDM licensed business from Isa Jamil Mufarreh for a business
located at 27845 - 27849 W Seven Mile Road, Livonia, Michigan, Wayne
31918
County; and the City Clerk is hereby requested to forward a certified copy
of this resolution to the Michigan Liquor Control Commission
On a motion by Duggan, seconded by Brosnan, it was
#710-99 RESOLVED, that having considered a letter from the
Michigan Liquor Control Commission, received on July 26, 1999, and the
report and recommendation of the Chief of Police, dated September 21,
1999, regarding a request from B J 's of Michigan, Inc. for a new Outdoor
Service Permit (2nd Area), to be held in conjunction with a 1999 Class C
license with Entertainment Permit, Official Permit (Food and Golf),
Outdoor Service (One Area) and Two Bars, for a business located at
36000 Seven Mile Road, Livonia, Michigan 48152, Wayne County, the
Council does hereby take this means to advise the Michigan Liquor
Control Commission that the City Council approves the said request; and
the City Clerk is hereby requested to forward a certified copy of this
resolution to the Michigan Liquor Control Commission
A roll call vote was taken on the foregoing resolution with the following result:
AYES Walsh, Pastor, Duggan, Laura, Brosnan and Engebretson
NAYS Vandersloot
The President declared the resolution duly adopted
Sandra Beslach, representative from B J 's of Michigan, spoke to the
Council and informed them that the sprinkler system in the basement of said
establishment is the responsibility of the Fire Department and, therefore, she could not
be issued a fire violation on this matter
On a motion by Brosnan, seconded by Duggan, and unanimously
adopted, it was
#711-99 RESOLVED, the Council does hereby refer the matter of fire
violations at B J 's of Michigan, 36000 Seven Mile Road, to Administration
for its report and recommendation
Councilmember Duggan left the podium at 9 01 p m due to a conflict of interest.
On a motion by Walsh, seconded by Brosnan, and unanimously adopted,
31919
it was.
#712-99 RESOLVED, that Leo Soave Building Company, Inc., 34822
Pembroke, Livonia, MI 48152, as proprietor, having requested the City
Council to approve the proposed preliminary plat of the following
subdivision Elmira Court Subdivision, to be located on the South side of
Plymouth Road and East of Levan Road between the Elmira Avenue
dead-end and Arthur Avenue in the Northeast 1/4 of Section 32, City of
Livonia, Wayne County, Michigan, the said proposed preliminary plat
being dated June 2, 1999, and it further appearing that tentative approval
of such preliminary plat was given by the City Planning Commission, after
due notice and a public hearing on May 4, 1999, and it further appearing
that such preliminary plat, together with development plans and
specifications for improvements therein have been examined and
approved by the Engineering Division as is set forth in the report of that
department dated September 15, 1999, therefore, the City Council does
hereby approve of the said preliminary plat on the following conditions
(1) All of the improvements, utilities and grading shall be constructed,
installed and accomplished in conformity with the provisions of the
ordinances of the City of Livonia, including the Subdivision Control
Ordinance, being Title 16, Chapters 16 04 through 16.24 of the
Livonia Code of Ordinances, as amended, the Subdivision
Regulations of the Planning Commission, the regulations and
specifications of the Engineering Division and the Development
Plans submitted by the proprietor and approved by such
department; all such improvements to be constructed, installed,
accomplished and completed within a period of two (2) years from
the effective date of this resolution, failing this, the approval
contained herein shall be considered null, void and of no effect
whatsoever;
(2) That all inspection fees and other charges due to the City of Livonia
shall be fully paid at the time and in the manner provided in the said
Subdivision Control Ordinance, as amended,
(3) That the installation of all such improvements shall be subject at all
times to the supervision and inspection and final approval of the
Engineering Division, and such improvements shall not be
considered as having been satisfactorily and completely installed
until there is filed with the City Council the certificate as provided in
Section 16 24 370 of the said Subdivision Control Ordinance, as
amended,
(4) That the proprietor enter into an agreement with the City of Livonia
agreeing to construct, within the prescribed period of time and in
31920
the prescribed manner, all improvements required to the extent
required by the City of Livonia and as shown on the approved
development plans,
(5) That the final true record plat of the aforesaid subdivision shall be
submitted and must receive the final approval of the City Planning
Commission as evidence that such plat is in compliance with
existing Subdivision Regulations,
(6) That the final true plat of the aforesaid subdivision shall be
submitted and must receive the final approval of the City Council
within two (2) years from the effective date of this resolution, the
City Council shall approve final plats of the aforesaid proposed
subdivision if drawn in substantial conformity with the proposed plat
as approved herein, and provided there has been compliance with
all other requirements of State Statute, the Subdivision Control Act,
the Subdivision Control Ordinance and this resolution,
(7) That, for the purpose of obtaining approval of final plats prior to the
completion of all required improvements the proprietor may file with
the City of Livonia a corporate surety bond, certified check, cash
bond, irrevocable letter of credit, or other financial assurance in
such form as may be approved by the Department of Law
guaranteeing the satisfactory installation of all such improvements,
utilities and grading by the proprietor within the prescribed period,
that in the event the proprietor elects to deposit such financial
assurances the same shall be in the following amounts.
A. General Improvement Bond $104,500 00, of which at least
$ 10,000 00 shall be in cash
B Sidewalk Bond $ 7,700 00, of which at least
$ 1,000 00 shall be in cash
C Grading & Soil Erosion $ 1,800 00 cash
D Monuments and Lot Markers $ 545 00 (all cash)
and require cash payments in the total amount of $7,130 00
In addition, distribution lines for telephone and electric services are to be
placed underground and ornamental street lights are to be provided
throughout the subdivision, FURTHER, the Council does hereby reduce
the financial assurance for General Improvements to $0 00 for the reason
that all work has been installed per City specifications and maintenance
bonds have been received
31921
A roll call vote was taken on the foregoing resolution with the following result:
AYES Walsh, Vandersloot, Pastor, Laura, Brosnan and Engebretson
NAYS None
The President declared the resolution duly adopted
Councilmember Duggan returned to the podium at 9 02 p m
On a motion by Duggan, seconded by Pastor, and unanimously adopted,
it was
#713-99 RESOLVED, that having considered a communication from
the City Engineer, dated September 17, 1999, approved for submission by
the Mayor, submitted pursuant to Council Resolution 532-99, in
connection with Petition 99-7-3-1, submitted by Chris and Pete Frabotta,
requesting the vacating of a six foot easement inside the east property line
of property located at 14324 Susanna in the Castle Gardens Subdivision
in Section 19, the Council does hereby concur in the recommendation of
the City Engineer and Petition 99-7-3-1 is hereby denied for the same
reasons as those set forth in the aforesaid communication
A communication from Chris and Peter Frabotta, dated October 11, 1999,
re their request to vacate a six foot easement at 14324 Susanna, was received and
placed on file for the information of the Council (CR #532-99)
The President relinquished the Chair to the Vice President at 9 15 p m
On a motion by Brosnan, seconded by Vandersloot, and unanimously
adopted, it was
#714-99 RESOLVED, that having considered a communication from
the City Planning Commission, dated June 25, 1999, which transmits its
Resolution 6-117-99, adopted on June 22, 1999, with regard to Petition
99-5-2-16, submitted by GMRI, Inc , on behalf of Darden Restaurants,
Inc , requesting waiver use approval to construct and operate 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, which property is zoned C-2, the Council does
hereby concur in the recommendation made by the City Planning
31922
Commission and Petition 99-5-2-16 is hereby approved and granted,
subject to the following conditions
1 That the Site Plan, marked Sheet PS3, prepared by Wolfgang
Doerschlag Architects & Engineers, dated June 17, 1999, and
revised October 13, 1999, is hereby approved and shall be
adhered to,
2 That the Exterior Elevations Plan, marked Sheet A2 1, prepared by
Wolfgang Doerschlag Architects & Engineers, dated June 17, 1999,
is hereby approved and shall be adhered to,
3 That the maximum number of customer seats shall not exceed 388
seats, of which no more than 72 shall occur on the Waiting Deck
and no more than 30 on the Sunset Deck;
4 That fully detailed Landscape Plan shall be submitted for approval
within 30 days following approval of this petition by the City Council,
5 That the exterior material on the chimney for the pizza oven shall
be brick, stone or stucco,
6 That all light fixtures shall be shielded, and all light standards shall
not exceed 20 feet in height;
7 That no signs, either freestanding or wall mounted, are approved
with this petition, all such signage shall be separately submitted for
review and approval by the Planning Commission and City Council,
8 That the stage area for the solo performer on the Waiting Deck
shall be enclosed on three sides with the open side facing the
building,
9 That the petitioner shall abide by all City noise ordinance provisions
and shall immediately cease excessive noise activities when
requested to do so by a police officer or city inspector; and
10 That the petitioner shall keep all roof clay (Monier Manufacturing
Company) materials in good repair and regularly re-paint all faded,
cracked, peeling or chipped surfaces as determined by the Livonia
Director of Inspection
A roll call vote was taken on the foregoing resolution with the following result:
AYES Vandersloot, Pastor, Duggan, Laura, Brosnan, Engebretson and
Walsh
31923
NAYS None
The Vice-President declared the foregoing resolution duly adopted
The President resumed the Chair at 9 19 p m
Michael Harrison of Orlando, Florida spoke on behalf of Darden
Restaurants re clay tile for roofs
A communication from GMRI, Inc , dated October 7, 1999, re abiding by
the requirements of Chapter 3 of the BOCA National Property Maintenance Code/1996,
was received and filed for the information of the Council.
On a motion by Duggan, seconded by Vandersloot, and unanimously
adopted, it was.
#715-99 RESOLVED, that having considered a communication from
the City Planning Commission, dated July 14, 1999, which transmits its
resolution 7-127-99, adopted on July 13, 1999, with regard to Petition 99-
6-2-21, submitted by GMRI, Inc., on behalf of Darden Restaurants, Inc.,
requesting waiver use approval to utilize a Class C license in connection
with a restaurant (Bahama Breeze) proposed to be located on the east
side of Haggerty Road between Seven Mile and Eight Mile Roads in the
Southwest 1/4 of Section 6, which property is zoned C-2, the Council does
hereby concur in the recommendation made by the City Planning
Commission and Petition 99-6-2-21 is hereby approved and granted;
FURTHER, the Council does hereby waive the 1,000 foot separation
requirement as set forth in Section 11 03(h) of Zoning Ordinance 543
On a motion by Walsh, seconded by Pastor, and unanimously adopted, it
was
#716-99 RESOLVED, that having considered a communication from
the City Planning Commission, dated September 22, 1999, which
transmits its resolution 9-159-99, adopted on September 21, 1999, with
regard to Petition 99-7-2-24, submitted by H & M Deli & Catering,
requesting waiver use approval to expand the floor area and seating
capacity of a restaurant located within an existing building (31193
Plymouth Road) on the south side of Plymouth Road between Merriman
Road and Denne Avenue in the Northwest 1/4 of Section 35, which
property is zoned C-2, the Council does hereby concur in the
31924
recommendation made by the City Planning Commission and Petition 99-
7-2-24 is hereby approved and granted, subject to the following
conditions
1 That the number of customer seats shall be limited to no more than 62 SE
2 That the following site deficiencies as outlined in the
correspondence dated August 23, 1999, from the Inspection
Department shall be corrected to that department's satisfaction
- that the parking areas shall be repaired, resealed and restriped,
- that the approach off Denne Avenue shall be repaired, and
- that the missing section of the protective wall, where a portion of
the wall has been removed at the southwest corner of the property,
shall be rectified by either replacing the wall or by petitioning to
amend the approved site plan to substitute a greenbelt in lieu of the
protective wall
3 That petitioner shall provide an updated survey with the correct
legal description as a condition precedent.
A communication from the Plymouth Road Development Authority, dated
October 7, 1999, re Petition 99-8-2-25, resolution #99-52 adopted at its meeting of
October 7, 1999, for Summit Sports, Inc., d/b/a Play It Again Sports
On a motion by Vandersloot, seconded by Pastor, and unanimously
adopted, it was
#717-99 RESOLVED, that having considered a communication from
the City Planning Commission, dated September 22, 1999, which
transmits its resolution 9-160-99, adopted on September 21, 1999, with
regard to Petition 99-8-2-25, submitted by Summit Sports, Inc., d/b/a Play
it Again Sports, requesting waiver use approval to operate a new and
used sporting goods store within an existing building on property located
on the southeast corner of Plymouth and Middlebelt Roads in the
Northwest 1/4 of Section 36, which property is zoned C-2, the Council
does hereby concur in the recommendation made by the City Planning
Commission and Petition 99-8-2-25 is hereby approved and granted,
subject to the following conditions
REVISED
SEE CR 718 & 719
31925
That a maximum of 50% of the floor space shall be allocated for the
sale of used sporting goods, and
2 That a Letter of Understanding signed by the Petitioner's landlord
shall be submitted indicating that the waiver use granted herein to
this Petitioner shall cease upon Petitioner or his assigns terminating
their tenancy unless a new tenant seeking to continue the sale of
used goods receives permission of the City Council to do so
Councilmember Pastor left the podium at 9 25 p m due to a conflict of interest.
On a motion by Vandersloot, seconded by Brosnan, and unanimously
adopted, it was
#718-99 RESOLVED, that having considered a request from
Councilmember Val Vandersloot to investigate the removal of various
trees on the Steak 'n Shake property located on the east side of
Middlebelt Road, north of Six Mile Road, the Council does hereby refer
this matter to the Planning Department for its report and recommendation
A roll call vote was taken on the foregoing resolution with the following result:
AYES Walsh, Vandersloot, Duggan, Laura, Brosnan and Engebretson
NAYS None
The President declared the foregoing resolution duly adopted
On a motion by Vandersloot, seconded by Brosnan, and unanimously
adopted, it was
#719-99 RESOLVED, that having considered a request from
Councilmember Val Vandersloot to investigate the removal of various
trees on the Steak 'n Shake property located on the east side of
Middlebelt Road, north of Six Mile Road, the Council does hereby refer
this matter to the Law Department for its report and recommendation
A roll call vote was taken on the foregoing resolution with the following result:
AYES Walsh, Vandersloot, Duggan, Laura, Brosnan and Engebretson
NAYS None
The President declared the foregoing conclusion duly adopted
REVISED
SE CR 720
31926
Osn a motion by Vandersloot, seconded by Brosnan, and unanimously
adopted, it was
#720-99 RESOLVED, that having considered a request from
Councilmember Val Vandersloot to investigate the removal of various
trees on the Steak 'n Shake property located on the east side of
Middlebelt Road, north of Six Mile Road, the Council does hereby refer
this matter to the Community Tree Committee for its report and
recommendation
A roll call vote was taken on the foregoing resolution with the following result:
AYES Walsh, Vandersloot, Duggan, Laura, Brosnan and Engebretson
NAYS None
The President declared the foregoing resolution duly adopted
Councilmember Pastor returned to the podium at 9.27 p m
A communication from the Department of Law, dated October 6, 1999, re
the acceptability of agreements submitted by Roush Crucam, Inc for transfer of
Industrial Facilities Exemption Certificates, was received and filed for the information of
the Council
A communication from the Economic Development Manager, dated
September 29, 1999, re September 27, 1999 Public Hearing follow-up report on Roush
Crucam, Inc , was received and filed for the information of the Council
Communications from the Department of Assessment, dated October 4,
1999, re six requests for transfers of Industrial Facilities Exemption Certificates from
Crucam, Inc to Roush Crucam Inc
On a motion by Duggan, seconded by Vandersloot, and unanimously
adopted, it was
31927
#721-99 WHEREAS, the City Council has received an application for
the transfer of an Industrial Facilities Exemption Certificate (No. 93-360) to
Roush Crucam, Inc. from Crucam, Inc./KEV, Inc. covering industrial
facilities located within the City of Livonia Industrial Development District
No 55, and
WHEREAS, the Council did previously in Council Resolution 776-93,
adopted on September 15, 1993, approve an Industrial Facilities
Exemption Certificate for Crucam, Inc./KEV, Inc. for a period of 12 years,
NOW, THEREFORE, be it resolved by the City of Livonia as follows.
(1) That the City Council, on the basis of the information received from
the applicant, Roush Crucam, Inc., finds and determines.
(a) That the approval of the transfer of this Industrial Facilities
Exemption Certificate shall not have the effect of
substantially impeding the operation of the local
governmental unit or impairing the financial soundness of
any taxing unit which levies an ad valorem property tax in
the local governmental unit in which the facility is to be
located, and
(b) The applicant has fully complied with the requirements of
Section 9, Act No 198, PA 1974, as amended,
(2) That the City Council hereby approves the above transfer of
Industrial Facilities Exemption Certificate from Crucam,
Inc./KEV, Inc. covering industrial facilities located within the
City of Livonia Industrial Development District No 55, and
(3) That Council Resolution 776-93, adopted on September 15,
1993, is hereby amended and revised to the extent
necessary to be consistent with the action taken herein
On a motion by Duggan, seconded by Vandersloot, and unanimously
adopted, it was
#722-99 WHEREAS, the City Council has received an application for
the transfer of an Industrial Facilities Exemption Certificate (No. 94-584) to
Roush Crucam, Inc from Crucam, Inc covering industrial facilities located
within the City of Livonia Industrial Development District No 55, and
31928
WHEREAS, the Council did previously in Council Resolution 787-94,
adopted on October 26, 1994, approve an Industrial Facilities Exemption
Certificate for Crucam, Inc. for a period of 12 years,
NOW, THEREFORE, be it resolved by the City of Livonia as follows.
(1) That the City Council, on the basis of the information received from
the applicant, Roush Crucam, Inc., finds and determines.
(a) That the approval of the transfer of this Industrial Facilities
Exemption Certificate shall not have the effect of
substantially impeding the operation of the local
governmental unit or impairing the financial soundness of
any taxing unit which levies an ad valorem property tax in
the local governmental unit in which the facility is to be
located, and
(b) The applicant has fully complied with the requirements of
Section 9, Act No 198, PA 1974, as amended,
(2) That the City Council hereby approves the above transfer of
Industrial Facilities Exemption Certificate from Crucam, Inc.
covering industrial facilities located within the City of Livonia
Industrial Development District No 55, and
(3) That Council Resolution 787-94, adopted on October 26, 1994, is
hereby amended and revised to the extent necessary to be
consistent with the action taken herein
On a motion by Duggan, seconded by Vandersloot, and unanimously
adopted, it was.
#723-99 WHEREAS, the City Council has received an application for
the transfer of an Industrial Facilities Exemption Ccertificate (No. 95-493)
to Roush Crucam, Inc from Crucam, Inc. covering industrial facilities
located within the City of Livonia Industrial Development District No 55,
and
WHEREAS, the Council did previously in Council Resolution 657-95
adopted on September 13, 1995, and amended in Council Resolution 31-
98 adopted on January 14, 1998, approve an Industrial Facilities
Exemption Certificate for Crucam, Inc for a period of 12 years,
NOW, THEREFORE, be it resolved by the City of Livonia as follows
31929
(1) That the City Council, on the basis of the information received from
the applicant, Roush Crucam, Inc. finds and determines.
(a) That the approval of the transfer of this Industrial Facilities
Exemption Certificate shall not have the effect of
substantially impeding the operation of the local
governmental unit or impairing the financial soundness of
any taxing unit which levies an ad valorem property tax in
the local governmental unit in which the facility is to be
located, and
(b) The applicant has fully complied with the requirements of
Section 9, Act No 198, PA 1974, as amended,
(2) That the City Council hereby approves the above transfer Industrial
Facilities Exemption Certificate from Crucam, Inc. covering
industrial facilities located within the City of Livonia Industrial
Development District No 55, and
(3) That Council Resolution 657-95, adopted on September 13, 1995,
is hereby amended and revised to the extent necessary to be
consistent with the action taken herein
On a motion by Duggan, seconded by Vandersloot, and unanimously
adopted, it was
#724-99 WHEREAS, the City Council has received an application for
the transfer of an Industrial Facilities Exemption Certificate (No. 97-419) to
Roush Crucam, Inc from Crucam, Inc./KEV, Inc. covering industrial
facilities located within the City of Livonia Industrial Development District
No 55, and
WHEREAS, the Council did previously in Council Resolution 665-97,
adopted on August 11, 1997, approve an Industrial Facilities Exemption
Certificate for Crucam, lnc./KEV, Inc for a period of 12 years,
NOW, THEREFORE, be it resolved by the City of Livonia as follows
(1) That the City Council, on the basis of the information received from
the applicant, Roush Crucam, Inc., finds and determines
(a) That the approval of the transfer of this Industrial Facilities
Exemption Certificate shall not have the effect of
substantially impeding the operation of the local
governmental unit or impairing the financial soundness of
31930
any taxing unit which levies an ad valorem property tax in
the local governmental unit in which the facility is to be
located, and
(b) The applicant has fully complied with the requirements of
Section 9, Act No 198, PA 1974, as amended,
(2) That the City Council hereby approves the above transfer of
Industrial Facilities Exemption Certificate from Crucam, Inc./KEV,
Inc. covering industrial facilities located within the City of Livonia
Industrial Development District No 55, and
(3) That Council Resolution 665-97, adopted on August 11, 1997, is
hereby amended and revised to the extent necessary to be
consistent with the action taken herein
On a motion by Duggan, seconded by Vandersloot, and unanimously
adopted, it was
#725-99 WHEREAS, the City Council has received an application for
the transfer of an Industrial Facilities Exemption Certificate (No. 86-346) to
Roush Crucam, Inc from Crucam, Inc./KEV, Inc. covering industrial
facilities located within the City of Livonia Industrial Development District
No 34, and
WHEREAS, the Council did previously in Council Resolution 990-96,
adopted on October 16, 1996, approve an Industrial Facilities Exemption
Certificate for Crucam, Inc./KEV, Inc for a period of 12 years,
NOW, THEREFORE, be it resolved by the City of Livonia as follows
(1) That the City Council, on the basis of the information received from
the applicant, Roush Crucam, Inc., finds and determines
(a) That the approval of the transfer of this InIdustrial Facilities
Exemption Certificate shall not have the effect of
substantially impeding the operation of the local
governmental unit or impairing the financial soundness of
any taxing unit which levies an ad valorem property tax in
the local governmental unit in which the facility is to be
located, and
(b) The applicant has fully complied with the requirements of
Section 9, Act No 198, PA 1974, as amended,
31931
(2) That the City Council hereby approves the above transfer of
Industrial Facilities Exemption Certificate from Crucam, Inc./KEV,
Inc. covering industrial facilities located within the City of Livonia
Industrial Development District No 34, and
(3) That Council Resolution 990-96, adopted on October 16, 1996, is
hereby amended and revised to the extent necessary to be
consistent with the action taken herein.
A communication from the Department of Finance, dated September 29,
1999, re payment of false alarm bills owed by Roush Crucam, Inc., was received and
filed for the information of the Council
On a motion by Duggan, seconded by Vandersloot, and unanimously
adopted, it was
#726-99 WHEREAS, the City Council has received an application for
the transfer of an Industrial Facilities Exemption Certificate (No. 97-426) to
Roush Crucam, Inc from Crucam, Inc./KEV, Inc. covering industrial
facilities located within the City of Livonia Industrial Development District
No 66, and
WHEREAS, the Council did previously in Council Resolution 666-97,
adopted on August 11, 1997, approve an Industrial Facilities Exemption
Certificate for Crucam, Inc./KEV, Inc. for a period of 12 years,
NOW, THEREFORE, be it resolved by the City of Livonia as follows
(1) That the City Council, on the basis of the information received from
the applicant, Roush Crucam, Inc., finds and determines
(a) That the approval of the transfer of this industrial facilities
exemption certificate shall not have the effect of substantially
impeding the operation of the local governmental unit or
impairing the financial soundness of any taxing unit which
levies an ad valorem property tax in the local governmental
unit in which the facility is to be located, and
(b) The applicant has fully complied with the requirements of
Section 9, Act No 198, PA 1974, as amended,
(2) That the City Council hereby approves the above transfer of
Industrial Facilities Exemption Certificate from Crucam, Inc./KEV,
31932
Inc. covering industrial facilities located within the City of Livonia
Industrial Development District No 66, and
(3) That Council Resolution 666-97, adopted on August 11, 1997, is
hereby amended and revised to the extent necessary to be
consistent with the action taken herein
On a motion by Walsh, seconded by Vandersloot, and unanimously
adopted, it was
#727-99 WHEREAS, pursuant to Act No 198 of the Public Acts of
1974, as amended, this Council has the authority to establish industrial
development districts within the boundaries of the City of Livonia, and
WHEREAS, a proposal was made regarding the establishment of an
industrial development district encompassing land situated in the City of
Livonia and comprised of an area of approximately 1 58 acres lying in the
Southwest 1/4 of Section 29, more particularly described in Exhibit A,
attached hereto and incorporated by reference herein, which area is
hereinafter referred to as "City of Livonia Industrial Development District
No 76;" and
WHEREAS, written notice has been given by certified mail to Storch
Products Co , Inc. of the Council's pending action on this resolution and of
its right to a hearing on the establishment of proposed City of Livonia
Industrial Development District No 76, and
WHEREAS, notice has been given to all interested owners, residents and
taxpayers in the Livonia area of a public hearing on the establishment of
the proposed City of Livonia Industrial Development District No 76, and
WHEREAS, on Monday, October 4, 1999, a public hearing was held on
the establishment of proposed City of Livonia Industrial Development
District No 76, at which time Storch Products Co , Inc. and other
taxpayers and residents of the City of Livonia had an opportunity to be
heard (a copy of the statements both written and oral made at such
hearing being on file with this City Council), and a representative of Storch
Products Co , Inc. attended said hearing and acknowledged receipt of
notice of such hearing on behalf of the said corporation,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
LIVONIA, AS FOLLOWS
1 An Industrial Development District is hereby established, such
district to consist of the area described in Exhibit A, attached
hereto
31933
2 Such Industrial Development District is hereby designated as the
"City of Livonia Industrial Development District No 76 "
EXHIBIT A
29E14 Globe Industrial Sub
T1S, R9E
L9 0 P25 26
WCR Lots 14 and 15
On a motion by Brosnan, seconded by Walsh, and unanimously adopted,
it was
#728-99 WHEREAS, the City Clerk has received an Application for
Industrial Facilities Exemption Certificate from E. James Brady, General
Manager, Starch Magnetics, dated August 9, 1999, covering new
industrial facilities to be located within City of Livonia Industrial
Development District No 76, and
WHEREAS, the City Clerk has notified in writing the Assessor of the City
of Livonia as well as the legislative body of each taxing unit which levies
ad valorem property taxes in the local governmental unit in which the
proposed facility is to be located, i e , the City of Livonia, and advised
each of them that the said Application has been received, and
WHEREAS, the City Council has afforded Storch Products Co , Inc., the
Assessor, and a representative of each of the affected taxing units an
opportunity for a hearing on this Application and said hearing having in
fact been conducted at 7 00 p m , Monday, October 4, 1999, at the Livonia
City Hall, 33000 Civic Center Drive, Livonia, Michigan
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
LIVONIA AS FOLLOWS
1 That the City Council, on the basis of the information received from
the applicant, Storch Products Co , Inc., finds and determines (a)
that the granting of this Industrial Facilities Exemption Certificate
shall not have the effect of substantially impeding the operation of
the local governmental unit or impairing the financial soundness of
any taxing unit which levies an ad valorem property tax in the local
governmental unit in which the facility is to be located, and (b) the
applicant has fully complied with the requirements of Section 9, Act
No 198, P.A. 1974, as amended
2 That the City Council hereby approves the Application for Industrial
Facilities Exemption Certificate from Storch Products Co , Inc.
31934
covering new industrial facilities to be located within the City of
Livonia Industrial Development District No 76 for 10 years.
3 That in accordance with the requirements of Section 22, Act 198,
P.A. 1974, as amended, wherein a letter of agreement between the
applicant and the City is required in order to clarify the
understanding and the commitment between the applicant and the
Board upon approval of an Industrial Facility Exemption Certificate,
the Council hereby authorizes the Mayor and City Clerk to sign
such Letter of Agreement as duly executed by the applicant and
incorporate such Letter of Agreement as part of the documentation
required to process applications for Industrial Facility Exemption
Certificates.
On a motion by Brosnan, seconded by Laura, and unanimously adopted, it
was
#729-99 RESOLVED, that having considered the report and
recommendation of the Director of Public Works and the City Engineer,
dated September 24, 1999, which bears the signature of the Director of
Finance and is approved for submission by the Mayor, regarding
additional work required in connection with the Glendale Avenue
Extension and Leachate Collection System Project (Contract 98-F)
previously authorized in Council Resolution 599-98, adopted on August
10, 1998, the Council does hereby appropriate and authorize the
expenditure of the additional sum of$38,305 87 from the Unexpended
Fund Balance of the Refuse Fund to be paid to Sunset Excavating, Inc.,
12641 Stark Road, Livonia, Michigan 48150, for this additional work.
Councilmember Pastor left the podium at 9 36 p m due to a conflict of interest.
On a motion by Brosnan, seconded by Walsh, and unanimously adopted,
it was
#730-99 RESOLVED, and having considered a communication from
Tech Express Corporation, on behalf of 7-Eleven, Inc , dated September
20, 1999, indicating its intent to withdraw Petition 99-7-2-23, submitted by
7-Eleven, Inc , which requested waiver use approval to operate a
convenience store with an SDM license on property located on the
northwest corner of Five Mile and Levan Roads in the Southwest 1/4 of
Section 17, which property is zoned C-1, the Council does hereby repeal
and rescind Council Resolution 606-99
A roll call vote was taken on the foregoing resolution with the following result:
31935
AYES Walsh, Vandersloot, Duggan, Laura, Brosnan and Engebretson
NAYS None
The President declared the resolution duly adopted
Councilmember Pastor returned to the podium at 9 37 p m
On a motion by Brosnan, seconded by Duggan, it was
#731-99 RESOLVED, that having considered a communication from
the Department of Law, dated September 30, 1999, approved for
submission by the Mayor, the Council does hereby, by a two-thirds roll call
vote in accordance with Section 7(1) of the Open Meetings Act, direct that
a closed Committee of the Whole meeting be held for the purpose of
discussing litigation matters and attorney/client privileged communications
in connection with pending litigation regarding Jackie Stehler
A roll call vote was taken on the foregoing resolution with the following result:
AYES Walsh, Vandersloot, Pastor, Duggan, Laura, Brosnan and
Engebretson
NAYS None
The President declared the resolution duly adopted
Michael Driscoll, 19229 Shadyside of Merriman Forest Subdivision, spoke
to the Council re (1) restriction of size of excavating machinery used in residential
areas, and (2) re improvement bonds - claims being made by individual property
owners against contractors
Councilmember Duggan wished a "Happy Birthday" to Bonnie Johnson of
the Council Office
On a motion by Duggan, seconded by Brosnan, and unanimously
adopted, this 1402nd Regular Meeting of the Council of the City of Livonia was
adjourned at 9.45 p m., October 13, 1999
Joar4i1cCotter, City Clerk