HomeMy WebLinkAboutCOUNCIL MINUTES 1999-04-07 31545
MINUTES OF THE ONE THOUSAND THREE HUNDRED AND NINTIETH
16. REGULAR MEETING OF APRIL 7. 1999
On April 7, 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 Council Vice President 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
On a motion by Duggan, seconded by Brosnan, it was
#193-99 RESOLVED, that the minutes of the 1,389th Regular Meeting
of the Council of the City of Livonia, held March 24, 1999, are hereby
approved as submitted
A roll call vote was taken on the foregoing resolution with the following result:
AYES Vandersloot, Pastor, Duggan, Laura, Brosnan, and Engebretson
NAYS None
PRESENT Walsh
Tht. President declared the resolution adopted
C a motion by Brosnan, seconded by Laura, it was
#194-99 RESOLVED, that the Council does hereby amend condition
3 of Council Resolution 187-99 to reflect the change in elevation
designation from east to west and from west to east, as outlined in Pastor
MacLeod's letter, received in the Office of the City Clerk on March 30,
1999, and more specifically to read as follows
3 That the Building Elevation Plan, marked Sheet 2 of 2, prepared by
David L. Hawkins and Associates, dated November 30, 1998, is
hereby approved and shall be adhered to except that brick shall
constitute at least 100% of the front elevation and at least 50% of
the west elevation, both to be completed before a Certificate of
Occupancy is issued, and 100% coverage on the east elevation, to
31546
be completed before April 1, 2004, or before any title is transferred
by the present owners, whichever occurs first;
A roll call vote was taken on the foregoing resolution with the following result:
AYES Vandersloot, Pastor, Duggan, Laura, Brosnan, and Engebretson
NAYS None
PRESENT Walsh
The President declared the resolution adopted
On a motion by Walsh, seconded by Vandersloot, it was
#195-99 RESOLVED, that the Council does hereby reconsider the
action taken pursuant to Council Resolution 53-99 with respect to the
permit application submitted by Michael Carson for a satellite dish antenna
on property located at 14855 Santa Anita, in the Northeast 1/4 of Section
24
A roll call vote was taken on the foregoing resolution with the following result:
AYES Walsh, Vandersloot, Pastor and Engebretson
NAYS Duggan, Laura and Brosnan
The President declared the resolution adopted
The petitioner, Jacqueline Reeves, 14855 Santa Anita, gave an update on the proposed
landscaping with respect to the satel„te dish antenna She stated she had no problem
with a time-certain date regarding the installation of the landscaping
Cass Kutylowski, 27854 Meadowbrook Court, stated his opposition to this proposal, you
should not do something first and then ask for approval afterwards
A communication from Cass and Marygrace Kutylowski, 27854
Meadowbrook Court, dated April 7, 1999, re requesting denial of the application for a
satellite dish antenna on property located at 14855 Santa Anita was received and
placed on file for the information of the Council
31547
Paul Gagel, 27719 Western Golf Drive, also stated his opposition, remarking the
subdivision has certain rules and regulations each homeowner is supposed to follow (of
which he submitted a copy to Council)
Michelle Schweitzer, 27875 Meadowbrook, informed the Council that the homeowner
did not come before the homeowner's association before installing the satellite dish, but
since 63% of approving signatures was obtained, the Board of Directors voted to
approve this matter
On a motion by Walsh, seconded by Vandersloot, it was
#196-99 RESOLVED, that having considered the report and
recommendation of the Streets, Roads and Plats Committee, dated March
2, 1999, submitted pursuant to Council Resolution 53-9G and a
communication from the City Planning Commission, dated November 2,
1998, which sets forth its resolution 10-188-98 adopted on October 27,
1998, with regard to a permit application submitted by Michael Carson to
install a satellite dish antenna on property located at 14855 Santa Anita
Avenue in the Northeast 1/4 of Section 24, pursuant to Section 18 42 of
Ordinance 543, as amended, and the Council having conducted a public
hearing with regard to this matter on Wednesday, January 6, 1999,
pursuant to Council Resolution 862-98, the Council does hereby reject the
recommendation of the City Planning Commission and the said permit
application is hereby approved and granted subject to the following
conditions
1 That the request to retain the satellite dish antenna at its existing
location is hereby approved,
2 That the Landscape Plan, prepared by the Planning Department,
dated March 19, 1999, is hereby approved and shall be adhered to,
and
3 That the landscaping, as shown on the approved plan, shall be
installed to the satisfaction of the Inspection Department on or
before June 1, 1999, and thereafter permanently maintained in a
healthy condition
A roll call vote was taken on the foregoing resolution with the following result:
AYES Walsh, Vandersloot, Pastor and Engebretson
NAYS Duggan, Laura and Brosnan
The President declared the resolution adopted
No one spoke during the audience communication portion of the meeting
31548
On a motion by Duggan, seconded by Laura, and unanimously adopted, it
was
#197-99 RESOLVED, that having received a communication from
John P Abbott, dated April 4, 1999, the Council does hereby refer the
water drainage problem referred to in said communication to the
Engineering Division for its report and recommendation for the property
located at 18290 Myron
On a motion by Brosnan, seconded by Pastor, and unanimously adopted,
it was
#198-99 RESOLVED, that the Council does hereby refer to the
Inspection Department for its report and recommendation the subject of
Country Style Market (Petition 98-11-2-22 by Rocky Zebari) to see
whether or not construction was started prematurely
Communications from Karoub Associates, dated February 23, 1999 and
March 8, 1999, re Substitute Senate Bill 102 (S-4) - definition of"eligible business
within a distressed community to qualify for a personal property tax exemption —were
received and placed on file for the information of the Council
A communication from Mayor Jack E Kirksey, dated March 15, 1999, re a
Census Progress Report for the City, as well as forwarding a "Census 2000 Complete
Count Committee Handbook fo Local Governments" was received and placed on file
for the information of the Council
A communication from the Civil Service Department, dated March 10,
1999, re update on the Employee/Resident Emergency Behavioral Health Service
Referral Network was received and placed on file for the information of the Council
31549
A communication from the Department of Finance, dated March 10, 1999,
re forwarding various financial statements of the City of Livonia for the month ending
December 31, 1998, was received and placed on file for the information of the Council
A communication from the Department of Finance, dated March 18, 1999,
re forwarding various financial statements of the City of Livonia for the month ending
January 31, 1999, was received and placed on file for the information of the Council
On a motion by Duggan, seconded by Walsh, it was
A communication from Richard W McDowell, Chairman of the Board of
Ethics, dated March 15, 1999, re forwarding the first Annual Report, pursuant to the
Livonia Code of Ordinances, Section 2 200 070(D)(9), was received and placed on file
for the information of the Council
#199-99 RESOLVED, that having considered the report and
recommendation of the City Clerk, dated March 10, 1999, to which is
attached a letter from The Observer& Eccentric Newspapers, Inc., dated
March 10, 1999, the Council does hereby designate The Observer&
Eccentric Newspapers, Inc , Subsidiary of Hometown Communications
Network, 36251 Schoolcraft, Livonia, Michigan 48150, as the official
newspaper of the City of Livonia for the period January 1, 1999 through
December 31, 1999, FURTHER, the Council does hereby approve and
authorize the publishing of legal notices in The Observer& Eccentric
Newspapers for the price of$6 30 per column inch, based on the present
six column format, which will remain in effect until [ -'cember 31, 1999,
FURTHER, legal notices which are submitted on diskette will, upon
request, be placed on the Internet at no additional charge, FURTHER, the
Council does hereby authorize the said item 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
#200-99 RESOLVED, by the City Council of the City of Livonia, that
the annual Memorial Day Celebration be, and hereby is approved for
Saturday, May 29, 1999, beginning at 9 00 a m , and that the permission
of the Wayne County Road Commission is hereby requested to close Five
Mile Road from Merriman Road to Farmington Road, and Farmington
Road between Lyndon and Five Mile Road on May 29, 1999, between the
31550
hours of 9 00 a m and 1 00 p m or until the roads are returned to normal
traffic operation, that the City of Livonia will assume liability for any
damage claims which may arise as a result of the road closure, and that
Lt. Kevin I Dawley is hereby designated and authorized to sign the road
closure permit on behalf of the City of Livonia
#201-99 RESOLVED, that having considered the report and
recommendation of the Director of Public Works, dated March 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 bid of
Handy Can Services, 116 Pine Street, P 0 Box 32, Carleton, Michigan
48117, to provide portable toilet services for the seasonal use placements
and the special events for 1999, for the total cost of$25,790 00, the same
having been in fact the lowest bid received and meets all specifications,
FURTHER, in the event the aforesaid low bidder is unable to furnish the
services or services are unacceptable, the Council does hereby accept the
second lowest bid of Great Lakes Sanitation, P 0 Box 46141, Mt.
Clemens, Michigan, 48046, for the total cost of$27,195 00
#202-99 RESOLVED, that having considered the report and
recommendation of the Director of Public Works and the Superintendent
of Public Service, dated March 19, 1999, 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
1 Five (5) 1999 Dodge Ram 3500 (Model BR7L62) Trucks (Mich
Spec 3958-0092) in the amount of$20,128 41 each, for a total cost
of$100,642 05, to be assigned to the Public Service Division (three
vehicles to the Roads Maintenance Section, one vehicle to the
Equipment Maintenance Section and one vehicle to the Parks
Maintenance Section),
2 One (1) 1999 Dodge Dakota (Model AN1L62) Truck (Mich Spec.
3958-0020) in the amount of$12,380 46, to be assigned to the
Public Service Division (Parks Maintenance Section), and
3 One (1) 1999 Dodge Ram 3500 (Model BR8L63) Truck (Mich
Spec 3958-0093) in the amount of$19,010 86,
from Snethkamp's Lansing Dodge, 6131 South Pennsylvania Avenue,
Lansing, Michigan 48911, in the total amount of$132,033 37, including
delivery, the same to be expended from funds already budgeted for this
purpose in Equipment Maintenance Capital Outlay Account No 101-446-
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 State of Michigan bid price (under Contract No
31551
071 B9000207), as well as for the additional reasons indicated in the
aforesaid communication, and such action is taken in accordance with the
provisions set forth in Section 3 04 140D4 of the Livonia Code of
Ordinances, as amended, FURTHER, the Council does hereby authorize
the disposal of six (6) surplus City-owned vehicles at public auction after
receipt of the new vehicles
#203-99 RESOLVED, that having considered a communication from
the Water and Sewer Board, dated March 16, 1999, which bears the
signature of the Director of Finance and is approved for submission by the
Mayor, and which sets forth Water and Sewer Board resolution WS 3261
3/99, the Council does hereby determine to accept the bid of Wolverine
Contractors, Inc., P 0 Box 760026, Lathrup Village, Michigan 48076,
which meets specificatons, for supplying the Public Service Division
(Water Maintenance Section) with topsoil at the unit bid price of$6 79 per
yard delivered, FURTHER, in the event the lowest bidder is unable to
furnish the material, the Council hereby determines to accept the second
low bid of Nankin Sand, 39740 Cherry Hill Road, Canton, Michigan 48187,
which also meets specifications, as an alternate for supplying the Public
Service Division (Water Maintenance Section) with topsoil at the unit bid
price of$6 90 per yard delivered, FURTHER, the Council does hereby
determine to accept the bid of Nankin Sand, 39740 Cherry Hill Road,
Canton, Michigan 48187, which meets specifications, for supplying the
Public Service Division (Water Maintenance Section) with topsoil at the
unit bid price of $4 90 per yard for pickup, FURTHER, in the event the
lowest bidder is unable to furnish the material, the Council hereby
determines to accept the second low bid of Wolverine Contractors, Inc ,
P 0 Box 760026, Lathrup Village, Michigan 48076, which also meets
specifications, as an alternate for supplying the Public Service Division
(Water Maintenance Scction) with topsoil at the unit bid price of$6 25 per
yard for pickup
#204-99 RESOLVED, that ha.,;ng considered the report and
recommendation of the Water and Sewer Board, dated March 16, 1999,
which bears the signat'ire of the Director of Finance and is approved for
submission by the Mayor, and which sets forth Water and Sewer Board
resolution WS 3264 3/99, the Council does hereby accept the bid of S L.0
Meter Service, Inc., 3059 Dixie Highway, Waterford, Michigan 48328, for
supplying the Public Service Division (Water Maintenance Section) with
water service parts and fittings at the unit prices bid for the estimated total
cost of$15,247 70 for the 1999 calendar year, the same having been in
fact the lowest bid received and meets all specifications
#205-99 RESOLVED, that having considered a communication from
the Water and Sewer Board, dated March 16, 1999, which bears the
signature of the Director of Finance and is approved for submission by the
31552
Mayor, and which sets forth Water and Sewer Board resolution WS 3263
3/99, the Council does hereby approve a one-year extension of the current
agreement with D'Angelo Brothers, Inc , 24485 Middlebelt Road,
Farmington Hills, Michigan 48336, for performing water main taps and
service connections, 3/4" to 2", at various locations throughout the City, at
the unit prices bid in their proposal dated March 10, 1995, and as
amended on May 6, 1998, by Council Resolution 356-98, for the period
April 1, 1999 through March 31, 2000, with a cap of$4,000 00 in the
retainage amount as was authorized in the previous contract; FURTHER,
the Council does hereby authorize the purchase of said item 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
#206-99 RESOLVED, that having considered a communication from
the Water and Sewer Board, dated March 16, 1999, which bears the
signature of the Director of Finance and is approved for submission by
the Mayor, and which sets forth Water and Sewer Board resolution WS
3259 2/99, regarding the emergency sewer lining project on Edgewood,
west of Ellen Drive, the Council does hereby authorize payment to be
made in the amount of$20,900 00 to Insituform, Inc , 1950 Sequoia Trail,
P 0 Box 250, Owosso, Michigan 48867, for work performed in
connection with such emergency repair for the reasons outlined in the
aforesaid communication, FURTHER, the Council does hereby
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
#207-99 RESOLVED, that having considered a communication from
the Department of Law, dated March 11, 1999, which bears the signature
of the Director of Finance and is approved for submission by the May or,
and a communication from Michael R Potochick, Authorized Right Of Way
Agent for Ameritech, dated February 5, 1998, the Council does hereby
authorize the sale of a 15' x 20' easement at the Glendale Landfill to
Michigan Bell Telephone Company, a k a Ameritech Michigan, a Michigan
corporation, for the purpose of installing an above-ground equipment
cabinet which is required to up-grade telephone services on Glendale
Avenue, the property in question being more particularly described as
follows
Land in the City of Livonia, County of Wayne, State of Michigan, being
more particularly described as the westerly 15 feet of the southerly 20
feet of the following parcel
31553
PARCEL #106-99-0001-000 THAT PART OF THE N 1/2 OF SEC
27, DES AS BEG AT A POINT ON THE N AND S 1/4 SEC LINE
DIS SOD 06M 20S W 825 FT FROM THE N 1/4 COR OF SEC 27
AND PROC TH S OD 06M 20 SEC W ALONG SAID LINE 504 53
FT TH S 89D 22M 10 SEC E 43 01 FT TH S OOD 06M 20S W 65 0
FT TH S 89D 22M 10S E 100 0 FT S OOD 06M 20S W 727 60 FT
TH N 89D 12M 30S W 1,475 12 FT TH N OOD 20M 30S E 1288 0
FT TH S 89D 35M 30S E 1326 76 FT TO POB EXC THAT PART
RESERVED FOR HUBBARD AVE ROW ALSO DESC AS BEG AT
A PT S OOD 17M OOS E 186 0 FT TH W 43 0 FT TH N OOD 17M
OOS E 186 0 FT TO THE SE COR OF LOT 34 SCHOOLCRAFT
ACRES L68 P44 WCR TH E 43 0 FT TO POB
subjer` to the following conditions
1 That the purchase price shall be in the sum of$5,000 00, and
2 That any and all taxes, title insurance premiums, or closing costs
shall be paid by Michigan Bell Telephone Company
and the form labeled "Ameritech Easement" and attached to the
referenced correspondence is hereby approved, and the proceeds of the
sale of such property shall be deposited to Account No 101-000-680 000,
Sale of Fixed Assets, FURTHER, the Mayor and City Clerk are authorized
to execute said form conveying the above-described easement to
Ameritech, and the City Clerk is hereby requested to do all other things
necessary or incidental to fulfill the purpose of this resolution
#208-99 RESOLVED, that having considered the report and
recommendation of the Director of Public Works and the City Engineer,
dated March 15, 1999, approved for submission by the Mayor, regarding a
request submitted by Soave Homes, Inc for the vacating of the easterly
three (3') feet of existing twelve (12') foot easement lying parallel to the
west line of Lot 12 of Cross Winds Court Subdivision located north of Six
Mile Road between Stamwich Boulevard and Merriman Road in the
Southwest 1/4 of Section 11, the Council does hereby determine to take
no further action with respect to this matter
#209-99 RESOLVED, that having considered the report and
recommendation of the Court Administrator and the Judges of the
Sixteenth District Court, dated March 22, 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 Application Technology Group,
Inc , 20916 Mack Avenue, Suite 3, Grosse Pointe Woods, Michigan 48236
for supplying the 16th District Court with an upgrade/change of computer
equipment in the total estimated amount of$126,612 00, the same having
31554
been in fact the lowest bid received and meets all specifications,
FURTHER, the Council does hereby authorize the Finance Department to
arrange an installment purchase loan for the financing of this project over
a five year period, and the Court Administrator 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
#210-99 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 Monday,
May 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 98-12-1-23, submitted by Charles P Elmasian and John K.
Harris for a change of zoning of property located on the south side
of Five Mile Road between Santa Anita and Cavell Avenues in the
Northeast 1/4 of Section 24, from RUF to R-2, the City Planning
Commission in its resolution 3-50-99 having recommended to the
City Council that Petition 98-12-1-23 be approved, and
(2) Petition 99-2-1-2, submitted by Leo Soave, on behalf of Chris
Lessnau, for a change of zoning of property located on the south
side of Five Mile Road between Santa Anita and Cavell Avenues in
the Northeast 1/4 of Section 24, from RUF to R-2, the City Planning
Commission in its resolution 3-4b-99 having recommended to the
City Council that Petition 99-2-1-2 be approved,
FURTHER, the City Clerk is hereby requested to, ro 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
31555
#211-99 WHEREAS, the City Clerk has received an Application for
Industrial Facilities Exemption Certificate from General Motors
Corporation, GM Powertrain Livonia Operations, dated March 24, 1999,
covering new industrial facilities to be located within City of Livonia
Industrial Development District 2,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
LIVONIA that it determines as follows
1 The City Clerk shall provide copies of the said Application to the
legislative bodies of the governmental units deriving property taxes
from the property which will be affected, as required by Act 198,
P.A. 1974, as amended
2 The City Clerk shall contact each of the affected taxing units, and (i)
indicate the Council's interest in this matter, and (ii) assist these
taxing units in collecting such information as may be necessary to
determine their respective opinions on this Application, and (iii)
advise the said taxing units of this Council's desire to hold a hearing
on this Application on Monday, May 17, 1999, at 7 00 p m at the
Livonia City Hall, 33000 Civic Center Drive, Livonia, Michigan
3 The Council hereby sets Monday, May 17, 1999, at 7 00 p m at the
4 Livonia City Hall, 33000 Civic Center Drive, Livonia, Michigan, as
the date, time and place for conducting a hearing on said
Application
#212-99 RESOLVED, that the Council having adopted Resolution
114-95 at its regular meeting held on February 22, 1995, requiring the City
Engineer to ascertain the assessed valuation of all property affected by
the proposed street improvement of Norfolk Avenue from 150 feet west of
Melvin Avenue to Oporto Avenue and Oporto Avenue from Norfolk
Avenue to 400 feet north of Norfolk Avenue in the Northeast 1/4 of Section
2, T 1 S , R. 9 E., City of Livonia, Wayne County, Michigan, the number of
parcels which show tax delinquencies, the number of parcels owned by
public authorities, the number of parcels which are vacant, and having
prepared and caused to be prepared plans and specifications therefor and
an estimate for the cost thereof, and to file the same with the City Clerk
together with his recommendation as to what proportion of the cost should
be paid by special assessment and what part, if any, should be a general
obligation of the City, the number of installments in which assessments
may be paid and the lands which should be included in the proposed
special assessment district, and it appearing to the Council that all of such
information, estimate, plans, specifications and recommendations have
been properly filed by the City Engineer with the City Clerk under date of
March 9, 1999, and that there has been a full compliance with all of the
provisions of Section 3 08 060 of the Livonia Code of Ordinances, as
31556
amended, the Council does hereby set Monday, May 10, 1999, at 7 00
p m as the date and time for a public hearing on the necessity for such
proposed improvement, which public hearing shall be held before the
Council in the Livonia City Hall, 33000 Civic Center Drive, Livonia,
Michigan, pursuant to Section 3 08 070 of said Livonia Code of
Ordinances, as amended, and the City Clerk is hereby authorized to give
notice and publication of such hearing as is required by Section 3 08 070
of said Code
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 Laura, seconded by Pastor, it was
RESOLVED, that having considered the report and
recommendation of the Streets, Roads and Plats Committee, dated March
2, 1999, submitted pursuant to Council Resolution 54-99, and a
communication from the City Planning Commission, dated November 4,
1998, which sets forth its resolution 10-180-98 adopted on October 27,
1998, with regard to Petition 98-8-2-16 submitted by Dale T Culver d/b/a
Culver Custom Homes requesting waiver use approval to construct a
detached condominium project on property located on the north side of
Schoolcraft Road between Park Avenue and Fairway Drive in the
Southeast 1/4 of Section 20, which property is zoned R-2, and the Council
having conducted a public hearing with regard to this matter on
Wednesday, January C, 1999, pursuant to Council Resolution 863-98, the
Council does hereby reject the recommendation of the City Planning
Commission and said Petition 98-8-2-16, as shown in a revised site plan
dated March 24, 1999, with sidewr.!ks to be included, is hereby approved
and granted subject to the landscape plan being submitted to Council for
its approval
A communication from the Engineering Division, dated March 19, 1999,
re requirements for the radius of the proposed cul-de-sac with respect to Petition 98-8-
2-16 by Culver Custom Homes was received and placed on file for the information of
the Council
Jerry Pfeifer, 14515 Ronnie Lane, questioned the location of the utilities, stated he
would like more landscaping installed, and wanted to make sure the 30' setback
indicated on the plans included patios and/or decks
31557
John Michniak, 14097 Park, stated he just wanted to make sure the landscaping on
Fairway and on Park is top-notch
Dale Culver, 39500 Orchard Hill Place, Suite 130, Novi, was present to answer
questions of Council He also indicated that sidewalks would be installed
Jim Borrusch, 14048 Fairway, stated his main concern was the road behind his house
He's worried about security with the freeway being so close
A roll call vote was then taken on the resolution proposed by Laura, seconded by
Pastor, as follows
#213-99 RESOLVED, that having considered the report and
recommendation of the Streets, Roads and Plats Committee, dated March
2, 1999, submitted pursuant to Council Resolution 54-99, and a
communication from the City Planning Commission, dated November 4,
1998, which sets forth its resolution 10-180-98 adopted on October 27,
1998, with regard to Petition 98-8-2-16 submitted by Da!e T Culver d/b/a
Culver Custom Homes requesting waiver use approval to construct a
detached condominium project on property located on the north side of
Schoolcraft Road between Park Avenue and Fairway Drive in the
Southeast 1/4 of Section 20, which property is zoned R-2, and the Council
having conducted a public hearing with regard to this matter on
Wednesday, January 6, 1999, pursuant to Council Resolution 863-98, the
Council does hereby reject the recommendation of the City Planning
Commission and said Petition 98-8-2-16, as shown in a revised site plan
dated March 24, 1999, with sidewalks to be included, is hereby approved
and granted subject to the landscape plan being submitted to Council for
its approval
with the following result:
AYES Walsh, Pastor, Duggan and Laura
NAYS Vandersloot, Brosnan and Engebretson
The President declared the resolution adopted
Robert Wenderski, 14193 Park, questioned the appeal process with respect to the
foregoing approval of Petition 98-8-2-16
Walsh left the podium at 8 51 p m due to a conflict of interest on the next Agenda item
31558
On a motion by Pastor, seconded by Vandersloot, and unanimously
adopted, it was
#214-99 RESOLVED, that having considered a communication from
John J Riley, Esq , dated March 22, 1999, in connection with a proposed
cellular tower antenna to be constructed at Jaycee Park by AT&T Wireless
PCS, Inc. and a Lease Agreement submitted by Mr Riley on April 6, 1999,
to which is attached a completed Exhibit C setting forth rents to be paid
pursuant to said lease, the Council does hereby authorize the Mayor and
City Clerk, for and on behalf of the City of Livonia, to execute the
proposed lease agreement between the City of Livonia and AT&T
Wireless PCS, Inc., for a five-year period, with two additional five-year
renevt it periods, at a location in Jaycee Park, and payable upon the terms
and conditions detailed in the proposed agreement and the attached
Exhibit C, and subject to approval as to form by the Department of Law;
FURTHER, the Council does hereby accept the twenty thousand dollar
($20,000 00) gift offered by AT&T Wireless PCS, Inc , FURTHER, the
Council does hereby direct that the gift shall be utilized for Parks and
Recreation purposes in Jaycee Park.
A communication from the Inspection Department, dated March 31, 1999,
re minimum separation requirements between two wireless communication facilities
and between a wireless communication facility and a residence was received and
placed on file for the information of the Council
A communication from the Law Offices of Richard Connor Riley &
Associates, L.L.0 , dated April 5, 1999, re forwarding before and after the monopole
photos (two views) with respect to AT&T's proposed wireless facility at Jaycee Park was
received and placed on file for the information of the Council
A copy of the proposed lease agreement between AT&T Wireless PCS,
Inc and the City of Livonia, prepared on April 6, 1999, re the proposed wireless facility
to be located at Jaycee Park was received and placed on file for the information of the
Council
Walsh returned to the podium at 8 55 p m
31559
On a motion by Vandersloot, seconded by Pastor, it was
#215-99 RESOLVED, that having considered a communication from
the City Clerk, dated March 9, 1999, and a communication from the
Personnel Director, dated March 19, 1999, which bears the signature of
the Director of Finance and is approved for submission by the Mayor,
transmitting a copy of a resolution adopted by the Civil Service
Commission at its regular meeting of March 18, 1999, regarding the
establishment of the new classification of Assistant City Clerk, the Council
does hereby concur in the recommendation of the Civil Service
Commission and the classification of Positions Plan is hereby amended to
establish the classification of Assistant City Clerk (to be filled in lieu of a
Deputy Clerk appointment) with the following salary schedule
Bi-Weekly Annual
Step 1 $1,474 40 $38,334 40
Step 15 1,50400 39,104 00
Step 2 1,533 60 39,873 60
Step 3 1,595 20 41,475.20
Step 4 1,659.20 43,139.20
Step 5 1,725 60 44,865 60
FURTHER, the same benefits (i e , longevity, vacation credit, sick leave,
dental, optical, medical benefits, etc.) as extended to other full-time
classified Civil Service employees shall be afforded this position
A roll call vote was taken on the foregoing resolution with the following result:
AYES Walsh, Vandersloot, Pastor, Laura, and Engebretson
NAYS Duggan and Brosnan
The President declared the resolution adopted
William Fried, 16009 Riverside, stated his opposition to the foregoing change in
classification
A communication addressed to The Livonia Observer from William C
Fried, dated April 5, 1999, re his opposition to the elimination of Deputy appointments
by the City Treasurer and City Clerk was received and placed on file for the information
of the Council
31560
A copy of the March 19, 1999, announcement issued by the Civil Service
Department re the promotional examination for the position of Assistant City Clerk,
describing required qualifications and the work to be performed, was received and
placed on file for the information of the Council
A copy of Council Resolution #728-98, adopted at the regular meeting of
September 23, 1998, re the amendment to the classification of Positions Plan and the
establishment of the classification of Assistant Treasurer was received and placed on
file for the information of the Council
On a motion by Walsh, seconded by Pastor, it was
RESOLVED, that having considered the report and
recommendation of the Director of Community Resources, dated March
12, 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 bid price of Grand River Printing & Imaging, 22153 Telegraph,
Southfield, Michigan 48034, for typesetting and printing the 16 page
publication of the City Newsletter to be published four times a year, for the
price of$4,840 77 per publication, the same having been in fact the lowest
bid received and meets all specifications
Raymond Matonic, Sales Representative for Dearborn Lithograph, 12380 Globe, asked
for this project to be awarded to his company due to the quality of their product and their
service
Russell Masura, owner of Deaborn Lithograph, also stated that his company provides
good quality and service and asked to be awarded this project, reminding the Council
that the low bidder had not included stitching in their bid
On a motion by Laura, seconded by Duggan, it was.
RESOLVED, that the Council does hereby determine to
substitute a resolution in lieu of the foregoing resolution which would refer
this item to the Committee of the Whole for its report and
recommendation
A roll call vote was taken on the motion to substitute with the following result:
AYES Duggan, Laura and Brosnan
31561
NAYS Walsh, Vandersloot, Pastor and Engebretson
The President declared the motion to substitute denied
A roll call vote was then taken on the originally proposed resolution by Walsh, seconded
by Pastor, as follows.
#216-99 RESOLVED, that having considered the report and
recommendation of the Director of Community Resources, dated March
12, 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 bid price of Grand River Printing & Imaging, 22153 Telegraph,
Southfield, Michigan 48034, for typesetting and printing the 16 page
publication of the City Newsletter to be published four times a year, for the
price of$4,840 77 per publication, the same having been in fact the lowest
bid received and meets all specifications
with the following result:
AYES Walsh, Vandersloot, Pastor and Engebretson
NAYS Duggan, Laura and Brosnan
The President declared the resolution adopted
On a motion by Duggan, seconded by Brosnan, and unanimously
adopted, it was.
#217-99 RESOLVED, that having considered a communication from
the Director of Public Works and the City Engineer, dated March 5, 1999,
approved I'ör submist;ion by the Mayor, to which is attached a schedule of
bond and fee requirements in connection with the development of a site
condominium project on property located between the Hees Avenue dead-
ends east of Linville Avenue and north of Joy Road in the Southeast 1/4 of
Section 32, the Council does hereby direct that 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 assurances in such form as may be approved by
the Department of Law guaranteeing the satisfactory installation of all
improvements shown on the aforementioned schedule and that with
respect to such financial assurances, the same shall be in the following
amounts
(a) General Improvement Bond $ 28,000 00, of which at least $2,800 00
shall be in cash
31562
(b) Sidewalk Bond $ 2,700 00, of which at least $900 00
shall be in cash
On a motion by Brosnan, seconded by Pastor, and unanimously adopted,
it was
#218-99 RESOLVED, that having considered a communication from
the City Planning Commission, dated March 12, 1999, which transmits its
resolution 3-41-99 adopted on March 9, 1999, with regard to Petition 99-2-
8-9 submitted by Murray Foreman, on behalf of Rite Aid, requesting site
plan approval in connection with a proposal to construct a commercial
building on property located at 27500 Grand River Avenue in the
Northeast 1/4 of Section 1, pursuant to the provisions set forth in Section
18 58 of Ordinance No 543, as amended, he Council does hereby refer
this matter to the Committee of the Whole for its report and
recommendation
On a motion by Brosnan, seconded by Pastor, and unanimously adopted,
it was
#219-99 RESOLVED, that having considered a communication from
the City Planning Commission, dated December 17, 1998, which sets forth
its resolution 12-210-98 adopted on December 15, 1998, with regard to
Petition 98-10-6-5, submitted by the City Planning Commission, pursuant
to Council Resolution 597-98, to determine whether or not to amend
Article XVIII, Section 18 17 of the Zoning Ordinance so as to grant valid
nonconforming use status to existing nonconforming produce markets and
nurseries, and the Council having conducted a public hearing with regard
to this matter on Monday, March 22, 1999, pursuant to Council Resolution
41-99, the Council does hereby approve Pelition 98-10 9-5 for preparation
of the ordinance for submission to Council, and the Department of Law is
requested to prepare an ordinance amending Ordinance 543, as
amended, in accordance with this resolution
A communication from the Planning Department, dated March 31, 1999,
re ownership of Valley Nursery, located on Merriman Road, was received and placed
on file for the information of the Council (Petition 98-10-6-5 and CR 41-99)
A communication from the Department of Law, dated March 29, 1999, re
whether the City may lawfully include a sunset provision in the proposed amendment to
31563
Section 18 17 of Article XVIII of Ordinance No 543 (granting nonconforming use status
to existing nonconforming produce markets and nurseries) was received and placed on
file for the information of the Council (Petition 98-10-6-5 and CR 41-99)
On a motion by Pastor, seconded by Duggan, it was
#220-99 RESOLVED, that having considered a communication from
the City Planning Commission, dated January 25, 1999, which transmits
its resolution 1-10-99, adopted on January 12, 1999, with regard to a
revision to Petition 97-8-8-21 submitted by Joe Jaafar requesting to
construct a trash dumpster enclosure to be located at 29401 Seven Mile
Road in the Northeast 1/4 of Section 11, and the Council having
conducted a public hearing with regard to this matter on Monday, March
22, 1999, pursuant to Council Resolution 71-99, the Council does hereby
concur in the recommendation of the Planning Commission and the
revision to Petition 97-8-8-21 is hereby denied based upon the fact that
condition #2 of City Council Resolution 924-97 specified "that there shall
be no dumpster located outside of the building, and all trash must be
contained within the building except on the day the trash is scheduled for
removal"and such condition is hereby upheld and shall be adhered to for
the following reasons
1 That the petitioner has failed to comply with all general standards
and requirements as set forth in Sections 18 58 and 19 06 of the
Zoning Ordinance,
2 That the location of the proposed trash dumpster enclosure would
have a detrimental effect upon the neighboring properties,
3 That this site does not have enough room to accommodate the
proposed trash dumpster enclosure, and
4 That the petitioner has failed to comply with all the concerns
deemed necessary for the safety and welfare of the City and its
residents
A roll call vote was taken on the foregoing resolution with the following result:
AYES Walsh, Pastor, Duggan and Brosnan
NAYS Vandersloot, Laura and Engebretson
The President declared the resolution adopted
31564
Joe Jaafar, 35667 Elmira, was present to answer questions of Council
A copy of a facsimile communication addressed to the General Manager
of Boston Market from Joe Jaafar, dated March 24, 1999, re requesting to share
Boston Market's refuge container with the Amoco Gas Station located at 29401 Seven
Mile Road was received and placed on file for the information of the Council
A communication from the Planning Department, dated March 25, 1999,
re forwarding a Livonia Operating Service Stations survey (trash dumpsters/
enclosures) was received and placed on file for the information of the Council (Petition
97-8-8-21)
A revised site plan, dated April 6, 1999, re Petition 97-8-8-21 by Joe
Jaafar requesting to construct a trash dumpster enclosure at 29401 Seven Mile Road
was received and placed on file for the information of the Council
Duggan left the podium at 9 42 p m due to a conflict of interest on the next Agenda
item.
On a motion by Laura, seconded by Walsh, and unanimously adopted, it
was.
#221-99 RESOLVED, that having considered a communication from
the City Planning Commission, dated 7ebruary 1, 1999, which sets forth
its resolution 1-16-99 adopted on January 26, 1999, with regard to Petition
98-11-1-22, submitted by Leo Soave for a change of zoning of property
located on the east side of Levan Road between Plymouth Road and
Elmira Avenue in the Northeast 1/4 of Section 32, from C-2 to R-1, and the
Council having conducted a public hearing with regard to this matter on
March 22, 1999, pursuant to Council Resolution 70-99, the Council does
hereby approve Petition 98-11-1-22 for preparation of the ordinance for
submission to Council, and the City Planner is hereby instructed to cause
the necessary map for publication to be prepared indicating the zoning
change herein approved and to furnish the same to the Department of
Law and, upon receipt of such map, the Department of Law is requested
to prepare an ordinance amending Ordinance 543, as amended, in
accordance with this resolution
31565
Duggan returned to the podium at 9 43 p
On a motion by Brosnan, seconded by Walsh, and unanimously adopted,
it was
#222-99 RESOLVED, that having considered a communication from
the City Planning Commission, dated January 27, 1999, which sets forth
its resolution 1-18-99 adopted on January 26, 1999, with regard to Petition
99-1-1-1, submitted by Phoenix Land Development for a change of zoning
of property located on the east side of Farmington Road between
Plymouth Road and Capitol Avenue in the Southwest 1/4 of Section 27,
from C-2 and M-1 to R-81I, and the Council having conducted a public
hearing with regard to this matter on March 22, 1999, pursuant to Council
Resolution 70-99, the Council does hereby approve Petition 99-1-1-1, as
modified, for preparation of the ordinance for submission to Council, so as
to rezone this property to R-81 for the following reasons.
1 That the proposed change of zoning to the R-81 district is
compatible to and in harmony with the surrounding zoning and land
uses in the area,
2 That the proposed change of zoning to the R-81 district will more
readily provide for the redevelopment of the subject property;
3 That the proposed change of zoning to the R-81 district will promote
a comprehensive development plan for the subject property;
4 That the proposed change of zoning to the R-81 district represents a
reasonable and logical zoning plan for the subject property which
adheres to the principles of sound land use planning,
5 That the proposed change of zoning will provide for a multiple
family type of living experience for those persons who desire an
alternative to the single family residence, and
6 That the proposed change of zoning will result in a decrease in the
amount of C-2 zoning in an area already well served with a variety
of commercial uses,
and the City Planner is hereby instructed to cause the necessary map for
publication to be prepared indicating the zoning change herein approved
and to furnish the same to the Department of Law and, upon receipt of
such map, the Department of Law is requested to prepare an ordinance
amending Ordinance 543, as amended, in accordance with this resolution,
FURTHER, the Council does hereby concur in the recommendation of the
31566
Planning Commission and the request to rezone the subject property to R-
811 is hereby denied for the following reasons
1 That the R-8Il classification would allow greater density and
building heights than would be appropriate for the area, and
2 That the intensity of use as allowed under the provisions of the R-
811 zoning classification would overburden the site
A communication from the Planning Department, dated March 31, 1999,
re comparison of the Springwater Park project planned in Northville Township to the
Fountain Park project p°posed by Phoenix Land Development was received and
placed on file for the information of the Council (Petition 99-1-1-1)
A communication from Bill Craig, 20050 Milburn, Livonia, dated April 5,
1999, re forwarding photographs depicting the Mail Kai/George Burns Theater wetland
was received and placed on file for the information of the Council (Petition 99-1-1-1)
A communication from Gloria J Dass, 29524 Barkley, Livonia, re
requesting Council to deny Petition 99-1-1-1 was received and placed on file for the
information of the Council
A communication from Beth Miles, 17726 Levan, Livonia, re requesting
Council to preserve the wetland and deny Petition 99-1-1-1 was received and placed on
file for the information of the Council
A copy of a communication from Environmental Consulting & Technology,
Inc., on behalf of Phoenix Land Development, which was sent to the Michigan
Department of Environmental Quality, dated February 15, 1999, re submitting an
application to fill the wetlands on the George Burns Theater site was received and
placed on file for the information of the Council (Petition 99-1-1-1)
31567
On a motion by Walsh, seconded by Duggan, and unanimously adopted, it
was
#223-99 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 Walsh, seconded by Laura, and unanimously adopted, it
was
#224-99 WHEREAS, Millennium Park LLC has applied for a permit
from Wayne County to vacate and abandon the Hawkins Drain and a
portion of the Shaw Drain within the proposed Millennium Park consisting
of 194 acres, and
WHEREAS, Millennium Park LLC will make the necessary applications
and pay applicable permit and cash bond fees and agree to the conditions
applicable, and
WHEREAS, it is necessary for the City of Livonia to co-apply for the
permit to vacate and abandon a portion of the Shaw Drain and the entire
Hawkins Drain, and
WHEREAS, the Livonia Drain No 36 and Livonia Drain No 19 extension
is completed, and the portion of the Shaw Drain east of Middlebelt to
Inkster Road and the entire Hawkins Drain under the jurisdiction of the
Wayne County Drain Commissioner is no longer necessary or conducive
to the public health, convenience or welfare of the City of Livonia
BE IT FURTHER RESOLVED, that Millennium Park LLC developers be
advised to contact the Wayne County Department of F. blic Works, Permit
Division, for permits to fill the drain in the approved manner and method of
construction without any cost to the City of Livonia
BE IT FURTHER RESOLVED, that the Director of the Livonia Department
of Public Works is authorized to sign an agreement on behalf of the City of
Livonia, Wayne County and Millennium Park LLC developers pertaining to
the vacation and abandonment of the existing drain and the lands to be
added to the drainage district that is consistent with the terms and
conditions of this resolution
Ralph Williams, 18630 Foch, addressed the foregoing, stating he believed the Michigan
Department of Environmental Quality must be notified with respect to this matter
31568
Pastor left the podium at 9 55 p m due to a conflict of interest on the next Agenda item
On a motion by Laura, seconded by Vandersloot, and unanimously
imp adopted, it was
#225-99 RESOLVED, that having considered a communication from
the City Planning Commission, dated January 29, 1999, which sets forth
its resolution 1-15-99 adopted on January 26, 1999, with regard to Petition
98-11-1-21, submitted by Steak 'n Shake, Inc. for a change of zoning of
property located on the east side of Middlebelt Road, north of Six Mile
Road, in the Southwest 1/4 of Section 12, from AG and C-1 to C-2, and
the Council having conducted a public hearing with regard to this matter
on March 22, 1999, pursuant to Council Resolution 70-99, the Council
does hereby approve Petition 98-11-1-21 for preparation of the ordinance
for submission to Council, and the City Planner is hereby instructed to
cause the necessary map for publication to be prepared indicating the
zoning change herein approved and to furnish the same to the
Department of Law and, upon receipt of such map, the Department of Law
is requested to prepare an ordinance amending Ordinance 543, as
amended, in accordance with this resolution
A communication from the Real Estate Manager of Steak 'n Shake, dated
March 26, 1999, re forwarding a 1998 Annual Report, a photograph of the proposed
brick building, the site plan, a copy of the Web-site story tracking the history of Steak 'n
Shake, and a menu was received and placed on file for the information of the Council
(Petition 98-11-1-21)
Pastor 1.eturned to the podium at 9 58 p m
No one from the audience wished to speak during the audience
communication portion of the meeting
Councilmember Brosnan announced that the 25th Annual Livonia
Community Prayer Breakfast, of which she is the Chairperson, will be held on Thursday,
May 6, 1999, from 7 15 a m until 9 00 a m at Laurel Manor Tickets are $14 each, and
you may R.S V P by May 1, 1999
31569
On a motion by Duggan, seconded by Brosnan, and unanimously
adopted, this 1,390th Regular Meeting of the Council of the City of Livonia was
adjourned at 9 58 p m , April 7, 1999
J oaf McCotter, City Clerk