HomeMy WebLinkAboutCOUNCIL MINUTES 1998-09-23 31204
MINUTES OF THE ONE THOUSAND THREE HUNDRED AND SEVENTY-SEVENTH
REGULAR MEETING OF THE COUNCIL OF THE CITY OF LIVONIA
On September 23, 1998, 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 Brosnan delivered the invocation
Roll was called with the following result: Maureen Miller Brosnan, John J
Walsh, John R. Pastor, Brian Duggan, Joe Laura, and Jack Engebretson Absent: Val
I Vandersloot (ill)
Elected and appointed officials present: Jack E Kirksey, Mayor; John
Nagy, City Planner; Robert J Schron, City Engineer; Sean P Kavanagh, City Attorney;
Joan McCotter, City Clerk; Karen A. Szymula, Director of Legislative Affairs, Robert J
Beckley, Director of Public Works, Laura M Toy, City Treasurer; John Fegan, Director
of Inspection, Jeff Bryant, Economic Development Manager; Mary Rutan, Personnel
Director; and Ian Wilshaw, Traffic Commission.
On a motion by Brosnan, seconded by Laura, and unanimously*adopted,
it was
#706-98 RESOLVED, that the minutes of the 1,376th Regular
Meeting of the Council of the City of Livonia, held September 9, 1998, are
hereby approved as submitted
*Councilmember Duggan abstained from voting, which is recorded as a "yes" vote
under the provisions of Section 2 04 190B of the Livonia Code of Ordinances.
No one from the audience spoke during the audience communication
portion of the meeting.
Councilmember Pastor reminded everyone to keep fellow Jaycee Matt
Boitos in their prayers, and thanked Sister Renatta (St. Mary Hospital) for her prayers
Matt is still in a coma.
He also congratulated his brother and sister-in-law, Craig and Denise, on
the birth of their baby boy today, weighing 7 lbs 12 oz. at 20" long
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Additionally, Councilmember Pastor announced that tomorrow,
September 24, 1998, Madonna University is having a "power breakfast," with the
Stanley Cup to be on display
Mayor Kirksey gave those in attendance and in the viewing audience an
update on the Advanced Life Support training of the 18 Livonia Firefighters
participating, as well as an update on the City's budget process. Both are progressing
- very well, with the ALS training to be completed some time in January of 1999
A communication from the Engineering Division, dated September 21,
1998, re status of the Pines of Winfield Subdivision and restoration work in Sheffield
Estates Subdivision was received and placed on file for the information of the Council
A communication from the Department of Community Resources, dated
September 17, 1998, re additional language in the Northwest Transport, Inc. contract
for specialized services, lift-equipped transportation with respect to cleanliness of
vehicles was received and placed on file for the information of the Council (Consent
Agenda Item #6)
A communication from the Public Service Division, dated September 18,
1998, re. door replacements at the Civic Park Senior Center was received and placed
on file for the information of the Council (Consent Agenda Item #9)
On a motion by Brosnan, seconded by Pastor, it was.
#707-98 RESOLVED, that having considered a letter from Jennifer R.
Boros, Chairperson, representing the Sacred Heart Byzantine Catholic
Church, dated August 2, 1998, which requests permission to place
eighteen 11" x 18" signs announcing the Sacred Heart Craft Show, to be
held on Saturday, October 17, 1998, which signs shall be installed on
October 9, 1998, at the following intersections
Middlebelt Road:
Southwest corners of Eight Mile, Seven Mile and Six Mile Roads
Southeast corner of Five Mile Road
Northwest corner of Five Mile Road
Northeast corners of Seven Mile and Six Mile Roads
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Merriman Road
Southeast corners of Eight Mile, Seven Mile and Six Mile Roads
Southwest corners of Six Mile and Five Mile Roads
Northeast corner of Five Mile Road
Northwest corner of Seven Mile Road
Inkster Road
Southwest corners of Seven Mile and Five Mile Roads
Northwest corners of Six Mile and Five Mile Roads
and all signs to be removed no later than October 18, 1998, the Council
does hereby grant and approve this request in the manner and form
herein requested
#708-98 RESOLVED, that the Council does hereby refer the subject
of a procedure for tracking signs which have been installed on street
corners pursuant to approval of the City Council to the Mayor for a report
and recommendation.
#709-98 RESOLVED, that having considered a letter from Gail
Silvernail, Chairperson of the Clarenceville Athletic Booster Club,
received in the Office of the City Clerk on September 4, 1998, which
requests permission to display wire signs announcing the craft boutique
to be held by the Clarenceville Athletic Booster Club on Saturday,
November 14, 1998, which signs are to be 14" x 22" in size and which will
be displayed at all major intersections in the City from November 1, 1998,
through November 15, 1998, the Council does hereby grant and approve
this request in the manner and form herein submitted
#710-98 RESOLVED, that having considered a communication from
the City Assessor, dated August 24, 1998, approved for submission by
the Mayor, with regard to a request from Mel Borin of Mid Plaza
Associates, P 0 Box 250851, West Bloomfield, Michigan 48325, and
Earl LaFave of Beck Development, 30069 Wixom Road, Wixom, Michigan
48393, and in accordance with the provisions of 1967 PA 288, as
amended, as well as Section 18 46 of Ordinance 543, as amended, the
Council does hereby approve of the proposed division and combination of
Tax Item Nos 46-143-01-0097-003, 46-143-01-0101-000, 46-143-01-
0102-000, 46-143-01-0103-000, 46-143-01-0104-000 and 46-143-01-
0105-000 into two (2) parcels, the legal descriptions of which shall read
as follows
PARCEL A:
Lot 97 except the East 96 feet thereof and the west 150 feet thereof, Lot
98 except the east 96 feet thereof and the west 150 feet of the south 40
feet thereof, Lot 99 except the east 96 feet thereof, and Lot 100 except
the east 96 feet thereof, of"Newman Joy Road Subdivision" of part of the
Southwest 1/4 of Section 36, Town 1 South, Range 9 East, City of
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Livonia, Wayne County, Michigan, as recorded in Liber 66 of Plats, Page
19, Wayne County Records
PARCEL B:
The westerly 100 feet of Lots 97, 98, 99 and 100 and all of Lots 101, 102,
103, 104 and 105 of "Newman Joy Road Subdivision" of part of the
Southwest 1/4 of Section 36, Town 1 South, Range 9 East, City of
Livonia, Wayne County, Michigan, as recorded in Liber 66 of Plats, Page
19, Wayne County Records and described as follows
Commencing at the southwest corner of Section 36, Town 1 South, Range
9 East; thence N 00°00'00" E., 809 48 feet along the west line of Section
36, also the centerline of Middlebelt Road (width varies), thence N
89°40'05" E., 60 00 feet to the southwest corner of Lot 101 of"Newman
Joy Road Subdivision" (recorded in Liber 66 of Plats, Page 19, Wayne
County Records), also the easterly right-of-way of said Middlebelt Road
(width varies) and the point of beginning, thence N 00°00'00" E., 407 17
feet along said easterly right-of-way; and the west line of Lots 101, 102,
103, 104 and 105 of said "Newman Joy Road Subdivision" to the
northwest corner of said Lot 105, thence S 65°20'19" E., 346 69 feet
along the northerly line of said Lot 105 to the northeast corner of said Lot
105, thence S 00°00'15" E , 500 64 feet along the east line of Lots 105,
104, 103, 102, 101, 100, 99, 98 and 97 of said "Newman Joy Road
Subdivision" to the southwest corner of said Lot 97, thence S 89°40'32"
W , 96 00 feet along the south line of said Lot 97, thence N 00°00'15"
W , 239 94 feet to the south line of Lot 101 of said "Newman Joy Road
Subdivision", thence S 89°40'05" W , 219 09 feet along said south line to
the southwest corner of said Lot 101, also the easterly right-of-way of
Middlebelt Road (width varies) and the point of beginning. Containing
2 9442 acres of land
as shown on the map attached to the aforesaid communication which is
made a part hereof by reference, and the City Clerk is hereby requested
to cause a certified copy of this resolution to be recorded in the Office of
the Wayne County Register of Deeds.
#711-98 RESOLVED, that having considered a communication from
the Director of Community Resources, dated August 27, 1998, which
bears the signature of the Director of Finance and is approved for
submission by the Mayor, and to which is attached a proposed agreement
between the City of Livonia and the Wayne County Office of Nutrition
Services for the distribution of U S D A. TEFAP commodities to low
F income residents through September 30, 1999, the Council does hereby
authorize the Mayor and City Clerk, for and on behalf of the City of
Livonia, to execute the said agreement in the manner and form herein
submitted, as well as to do all other things necessary or incidental to the
full performance of this resolution.
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#712-98 RESOLVED, that having considered the report and
recommendation of the Director of Community Resources, dated
September 2, 1998, which bears the signature of the Director of Finance,
is approved by the City Attorney and is approved for submission by the
Mayor, and a subsequent communication dated September 9, 1998, from
the Director of Community Resources, to which is attached a proposed
Amendatory Agreement between the City of Livonia and SMART for the
Specialized Services Operating Assistance Program, as well as a
proposed Amendatory Agreement between the City of Livonia and
Northwest Transport, Inc., for the Specialized Services/User-Side Subsidy
Transportation Program, which amendatory agreements would increase
funds and service for lift-equipped transportation for non-transferable
disabled persons in Farmington, Farmington Hills, Northville, Northville
Township and Livonia for the period October 1, 1997 through September
30, 1998, the Council does hereby authorize the Mayor and City Clerk to
execute these amendatory agreements for and on behalf of the City of
Livonia and to do all other things necessary or incidental to the full
performance of this resolution
#713-98 RESOLVED, that having considered the report and
recommendation of the Director of Community Resources, dated
September 2, 1998, approved by the City Attorney and the Director of
Finance, and approved for submission by the Mayor, to which is attached
a Specialized Services/User-Side Subsidy Transportation Agreement to
provide lift-equipped service for non-transferable disabled persons in
Northwest Wayne County, Farmington and Farmington Hills, between the
City of Livonia and Northwest Transport, Inc., 31376 Industrial Road,
Livonia, Michigan 48150, for the period October 1, 1998, through
September 30, 1999, the Council does hereby authorize the Mayor and
City Clerk, for and on behalf of the City of Livonia, to execute the said
agreement as well as to execute an agreement with SMART for support of
this Specialized Services (Lift-Equipped) Transportation Program,
provided that the agreement is approved as to form by the Department of
Law
#714-98 RESOLVED, that having considered the report and
recommendation of the Superintendent of Public Service and the Director
of Public Works, dated September 1, 1998, 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 Bill Wink Chevrolet-GMC, 10700
Ford Road, Dearborn, Michigan 48126, for supplying the Public Service
Division (Equipment Maintenance Section) with a single-axle dump truck
with self-loader for a net price of $82,897 00, based on a total price of
$87,897 00 less trade-in of $5,000 00, the same having been in fact the
lowest bid received and meets all specifications
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#715-98 RESOLVED, that having considered a communication from
the Public Utility Manager and the Director of Public Works, dated August
21, 1998, which bears the signature of the Director of Finance and is
approved for submission by the Mayor, with respect to the sole bid
received for carpet installation at four City facilities (Police Department,
Noble Library, Civic Park Senior Center, and the fourth floor and annex of
City Hall), the Council does hereby reject the bid received on August 13,
1998, in connection with this item, the action herein being taken for the
reasons indicated in the aforesaid communication, FURTHER, the
Council does hereby authorize the Director of Public Works, together with
the Director of Finance, to do all things necessary to re-bid this project in
accordance with the provisions set forth in the Financial Ordinance, the
same to thereafter be submitted to Council for its consideration
#716-98 RESOLVED, that having considered the report and
recommendation of the Public Utility Manager, Director of Public Works,
Director of Community Resources and the Housing Director, dated August
26, 1998, 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 Edwards Glass Co , 32000 Plymouth Road, Livonia, Michigan
48150, for completing all work required in connection with the
replacement of windows at the Civic Park Senior Center in the total
amount of $31,643 00, the same having been in fact the lowest bid
received and meets all specifications; FURTHER, the Council does
hereby authorize an expenditure in the amount of$20,000 00 from funds
already budgeted for this purpose in Account No 236-800-818-656 of the
Community Development Block Grant, and does hereby appropriate and
authorize the expenditure of a sum of $11,643 00 from funds available in
the Community Development Block Grant program fund 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 other things
necessary or incidental to the full performance of this resolution
#717-98 RESOLVED, that having considered the report and
recommendation of the Superintendent of Public Service and the Director
of Public Works, dated September 4, 1998, which bears the signature of
the Director of Finance and is approved for submission by the Mayor,
requesting to extend the current contract to November 1, 1998, with Polar
Environmental, 707 Lewiston, Ferndale, Michigan 48220, for leachate
disposal services, at the rate of$0 04 per gallon for the estimated total
additional cost of$20,000 00 based on the Department of Public Works'
estimate of units involved and subject to final payment based upon the
actual units completed in accordance with the unit prices accepted herein,
the Council does hereby authorize the Mayor and City Clerk, for and on
behalf of the City of Livonia, to execute the attached agreement with the
aforesaid company and to do all other things necessary or incidental to
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the full performance of this resolution, FURTHER, the Council does
hereby authorize the expenditure of a sum not to exceed $20,000 00 from
the Fund Balance of the Municipal Refuse Fund for this purpose,
FURTHER, the Council does hereby authorize the said item without
competitive bidding in accordance with Section 3 04 140D4 of the Livonia
Code of Ordinances, as amended
#718-98 RESOLVED, that having considered the report and
recommendation of the Director of Public Works and the City Engineer,
dated August 26, 1998, which bears the signature of the Director of
Finance and is approved for submission by the Mayor, and a letter from
Frederick J Pilgrim, P E., Assistant Engineer of Traffic Operations,
Wayne County Division of Roads, dated August 12, 1998, to which is
attached a proposed agreement between the City of Livonia and the
County of Wayne regarding the installation of a traffic signal at the
intersection of Newburgh Road and Pembroke, and having considered the
necessity for such traffic signal installation, the Council does hereby
authorize the said traffic installation, FURTHER, the Council does hereby
approve of the City assuming 100% of the installation and annual
maintenance costs for such traffic signal, and for this purpose does
hereby appropriate and authorize the expenditure of a sum not to exceed
$36,000 00 from the Michigan Transportation Fund (Major Road Account
202), and the Mayor and City Clerk are hereby authorized to execute the
attached agreement, for and on behalf of the City of Livonia, and the City
Clerk is hereby requested to forward a certified copy of this resolution to
the Wayne County Division of Roads
#719-98 RESOLVED, that having considered the report and
recommendation of the Director of Public Works and the City Engineer,
dated August 27, 1998, 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 Botsford Park
Improvements (Contract 97-K) previously authorized in Council
Resolution 853-97, adopted on October 22, 1997, the Council does
hereby authorize the expenditure of the additional sum of$1,402 50 from
the Drainage Project Construction Fund No 465 to be paid to Countyline
Contractors, Inc , 7615 Spencer Road, South Lyon, Michigan 48178-
9624, for this additional work.
#720-98 RESOLVED, that having considered a communication from
the City Planning Commission, dated August 31,1998, approved for
submission by the Mayor, which transmits its resolution 8-139-98,
adopted on August 25, 1998, with regard to a Sign Permit Application,
submitted by Pentagon Properties Limited Partnership, requesting
approval to erect wall signage for the AMC movie theater located at
19500 Haggerty Road in the Southwest 1/4 of Section 6, the Council does
hereby concur in the recommendation of the Planning Commission and
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approves the said Sign Permit Application, subject to the following
conditions
1 That the wall sign shown on the Sign Package prepared by Gould
Evans Goodman Associates, LC, on behalf of AMC Livonia 20, as
received by the Planning Commission on August 13, 1998, is
hereby approved and shall be adhered to,
2 That the wall signage for the theater shall not be illuminated
beyond 1 00 a m or one hour after closing, whichever comes first;
and
3 That any additional signage shall come before the Planning
Commission and City Council for their review and approval
#721-98 RESOLVED, that having considered the report and
recommendation of the Director of Inspection, dated August 31, 1998,
approved for submission by the Mayor, submitted pursuant to Council
Resolution 379-98, regarding a request from Michael Williams, 12146
Stark Road, for a protective wall on abutting industrial property at 34000
Capitol, the Council does hereby determine to take no further action with
respect to this matter
#722-98 RESOLVED, that having considered a communication from
the City Planning Commission, dated September 16, 1998, which
transmits its resolution 9-148-98, adopted on September 15, 1998,
requesting approval of the Sign Permit Application and Landscape Plan in
connection with Petition 98-1-8-2 submitted by Victor Parkway
Associates, L.L.0 , which previously received site plan approval per
Council Resolution 189-98, to construct two office buildings on property
located at 19400 Victor Parkway in the North 1/2 of Section 6, the Council
does hereby concur in the recommendation of the Planning Commission,
and the Sign Permit Application and Landscape Plan in connection with
Petition 98-1-8-2 are hereby approved and granted, subject to the
following conditions
1 That the Landscape Plans marked Sheets L1-10, L1-11 and L1-12
prepared by Ghafari Associates, as received by the Planning
Commission on August 26, 1998, are hereby approved and shall
be adhered to,
2 That all disturbed lawn areas shall be sodded in lieu of
hydroseeding,
3 That underground sprinklers are to be provided for all landscaped
and sodded areas, and all planted materials shall be installed to
the satisfaction of the Inspection Department and thereafter
permanently maintained in a healthy condition,
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4 That the Sign Plan marked Sheet A2 03, prepared by Ghafari
Associates, as received by the Planning Commission on August
26, 1998, is hereby approved and shall be adhered to,
5 That the brick base of the ground sign shall be constructed out of
the same brick as the two office buildings,
6 That the mechanical equipment screen wall on the roof shall be
changed from brick to metal panels, and
7 That the metal panels shall fully screen all rooftop equipment and
shall be complementary in color with the buildings.
A roll call vote was taken on the foregoing resolutions with the following result:
AYES Brosnan, Walsh, Pastor, Duggan, Laura, and Engebretson.
NAYS None
On a motion by Brosnan, seconded by Laura, and unanimously adopted,
it was
#723-98 RESOLVED, that the Council does hereby discharge the
Committee of the Whole from consideration of Council Resolution 569-98
with respect Petition 98-6-8-21 submitted by ADI Realty, on behalf of
Arbor Drugs, requesting site plan approval in connection with a proposal
to construct a retail store and a bank on property located at 19120
Middlebelt Road in the Southwest 1/4 of Section 1
On a motion by Brosnan, seconded by Laura, and unanimously adopted,
it was.
#724-98 RESOLVED, that having considered a communication from
the City Planning Commission, dated July 2, 1998, which transmits its
resolution 6-105-98 adopted on June 23, 1998, with regard to Petition 98-
6-8-21 submitted by ADI Realty, on behalf of Arbor Drugs, requesting site
plan approval in connection with a proposal to construct a retail store and
a bank on property located at 19120 Middlebelt Road in the Southwest
1/4 of Section 1, 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 98-6-8-21 is
hereby approved and granted, subject to the following conditions
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1 That the Site Plan marked Sheet SP-1 prepared by Gary Adams
Associates, Inc., as received by the Planning Commission on June
22, 1998, is hereby approved and shall be adhered to,
Ems
2 That the Landscape Plan marked Sheet LS-1 prepared by Gregory
M Baughman Associates, as received by the Planning
Commission on June 22, 1998, is hereby approved and shall be
adhered to,
3 That all disturbed lawn areas shall be sodded in lieu of
hydroseeding;
4 That underground sprinklers are to be provided for all landscaped
and sodded areas, and all planted materials shall be installed to
the satisfaction of the Inspection Department and thereafter
permanently maintained in a healthy condition,
5 That the Exterior Building Elevation Plan marked Sheet A-3
prepared by Gary Adams Associates, Inc., as received by the
Planning Commission on June 5, 1998, is hereby approved and
shall be adhered to,
6 That the brick used in the construction of the decorative wall shall
be full-face four (4") inch brick, no exceptions,
7 That the walls of the trash dumpster area shall be constructed out
of the same brick used in the construction of the building, and the
enclosure gates shall be maintained and, when not in use, closed
at all times,
8 That this approval does not authorize consent of any signage
shown on the plans, and that all signage shall come back before
the Planning Commission and City Council for their review and
approval, and
9 That the parking lot will be new, not repaired, and completely
restriped.
On a motion by Laura, seconded by Walsh, it was
RESOLVED, that having considered the report and
recommendation of the Committee of the Whole, dated August 19, 1998,
submitted pursuant to Council Resolution 119-98, and a communication
from the Public Utility Manager and the Director of Public Works, dated
August 17, 1998, which bears the signature of the Director of Finance and
is approved for submission by the Mayor, regarding the matter of a drop
ceiling for the business located at the Fox Creek Golf Course, 36000
Seven Mile, Livonia, Michigan (Sideline Bar and Restaurant), the Council
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does hereby approve the installation of a drop ceiling at the Sideline Bar
and Restaurant located at the Fox Creek Golf Course with the costs
thereof to be shared equally between the City and the Sideline Bar and
Restaurant; FURTHER, the Council does hereby authorize the
expenditure of an amount not to exceed $5,225 00 from funds already
budgeted for this purpose in Building Maintenance Contractual Services
Account No 101-447-818-020, which sum represents 50% of the quoted
costs submitted by Great Lakes Acoustical Ceilings, Inc., 21902 John R,
Hazel Park, Michigan 48030; FURTHER, the Council does hereby direct
that such payment shall be made in the form of a reimbursement to the
Sideline Bar and Restaurant; FURTHER, this approval is subject to all
applicable permits being obtained prior to construction.
A roll call vote was taken on the foregoing resolution with the following result:
AYES Walsh, Laura and Engebretson.
NAYS. Brosnan, Pastor and Duggan.
The President declared the resolution denied.
A communication from the Public Service Division, dated September 18,
1998, re additional information with respect to the suspended ceiling at the Fox Creek
Clubhouse (Sideline Bar and Restaurant) was received and placed on file for the
information of the Council (CR 119-98)
A communication from the Michigan Liquor Control Commission, dated
September 17, 1998, re forwarding a Notice of Cancellation of Application of the
request for New Outdoor Service - 2nd Area in conjunction with a 1998 Class C
licensed business with 2 Bars, Sunday Sales Permit, Entertainment Permit, Official
Permit (Food & Golf) and Outdoor Service Permit (1 area) for the business located at
36000 Seven Mile Road was received and placed on file for the information of the
Council (CR 119-98)
On a motion by Duggan, seconded by Pastor, it was
RESOLVED, that having considered the report and
recommendation of the Committee of the Whole, dated August 19, 1998,
submitted pursuant to Council Resolution 119-98, and a communication
31215
from the Public Utility Manager and the Director of Public Works, dated
August 17, 1998, which bears the signature of the Director of Finance and
is approved for submission by the Mayor, regarding the matter of a drop
Eby, ceiling for the business located at the Fox Creek Golf Course, 36000
Seven Mile, Livonia, Michigan (Sideline Bar and Restaurant), the Council
does hereby grant permission for the Sideline Bar and Restaurant to
install a drop ceiling with all costs thereof to be borne by the Sideline Bar
and Restaurant and subject to all applicable permits being obtained prior
to construction
A roll call vote was taken on the foregoing resolution with the following result:
AYES Brosnan, Pastor and Duggan
NAYS Walsh, Laura and Engebretson
The President declared the resolution denied.
At the direction of the Chair, the matter of the funding of the installation of
a suspended ceiling for the Sideline Bar and Restaurant, located at the Fox Creek Golf
Course, 36000 Seven Mile Road, was moved to the Regular Council Meeting of
October 21, 1998 (to have all Council members present).
On a motion by Duggan, seconded by Pastor, it was.
#725-98 RESOLVED, that having considered the report and
recommendation of the Committee of the Whole, dated August 25, 1998,
submitted pursuant to Council Resolution 372-98, and a communication
from the City Planning Commission, dated February 27, 1998, which sets
forth its resolution 2-27-98 adopted on February 24, 1998, with regard to
Petition 98-1-2-2 submitted by Rite Aid of Michigan requesting waiver use
approval to utilize an SDD and SDM license for a store located on the
southeast corner of Eight Mile and Merriman Roads in the Northwest 1/4
of Section 2, which property is zoned C-2, and the Council having
conducted a public hearing with regard to this matter on Wednesday,
April 15, 1998, pursuant to Council Resolution 179-98, the Council does
hereby reject, in part, the recommendation of the City Planning
Commission and said Petition 98-1-2-2 is hereby approved and granted
with respect to the SDM license only, and is denied with respect to the
SDD license for the following reasons
1 That the petitioner has failed to affirmatively show that the
proposed uses are in compliance with all the general waiver use
standards and requirements as set forth in Section 19 06 of Zoning
Ordinance No 543,
2 That this area of the City is currently well served with SDD-licensed
establishments selling packaged alcoholic beverages, and
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3 That the petitioner has not sufficiently demonstrated a need in the
area for additional sales of packaged alcoholic beverages such as
are permitted by the utilization of an SDD license
A roll call vote was taken on the foregoing resolution with the following result:
AYES Brosnan, Walsh, Pastor, and Duggan
NAYS Laura and Engebretson
The President declared the resolution adopted
John Doyle, 427 S Capitol Avenue, Lansing, the attorney representing Rite Aid, gave
the status of Rite Aid SDDs and SDMs in Livonia, along with the locations.
On a motion by Duggan, seconded by Pastor, it was
#726-98 RESOLVED, that having considered the report and
recommendation of the Committee of the Whole, dated August 25, 1998,
submitted pursuant to Council Resolution 372-98, and a communication
from the City Planning Commission, dated February 27, 1998, which sets
forth its resolution 2-27-98 adopted on February 24, 1998, with regard to
Petition 98-1-2-2 submitted by Rite Aid of Michigan requesting waiver use
approval to utilize an SDD and SDM license for a store located on the
southeast corner of Eight Mile and Merriman Roads in the Northwest 1/4
of Section 2, which property is zoned C-2, and the Council having
conducted a public hearing with regard to this matter on Wednesday,
April 15, 1998, pursuant to Council Resolution 179-98, the Council does
hereby reject, in part, the recommendation of the City Planning
Commission and said Petition 98-1-2-2 is hereby denied with respect to
the SDD license for the following reasons.
1 That the petitioner has failed to affirmatively show that the
proposed uses are in compliance with all the general waiver use
standards and requirements as set forth in Section 19 06 of Zoning
Ordinance No 543,
2 That this area of the City is currently well served with SDD-licensed
establishments selling packaged alcoholic beverages, and
3 That the petitioner has not sufficiently demonstrated a need in the
area for additional sales of packaged alcoholic beverages such as
are permitted by the utilization of an SDD license
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A roll call vote was taken on the foregoing resolution with the following result:
AYES Brosnan, Walsh, Pastor, and Duggan
NAYS Laura and Engebretson
The President declared the resolution adopted
On a motion by Walsh, seconded by Brosnan, it was
RESOLVED, that having considered the report and
recommendation of the Committee of the Whole, dated September 1,
1998, submitted pursuant to Council Resolution 474-98, and a
communication from the City Planning Commission, dated May 8, 1998,
which transmits its resolution 5-69-98, adopted on May 5, 1998, with
regard to a Sign Permit Application, submitted by Kasper Enterprises on
behalf of Westborn Market, requesting approval to erect signage on
property located at 14925 Middlebelt Road in the Northeast 1/4 of Section
23, the Council does hereby concur in the recommendation of the
Planning Commission and approves the Sign Permit Application with
respect to the monument sign only, subject to the following conditions.
1 That the Sign Package submitted by Kasper Enterprises, as received
by the Planning Commission on April 6, 1998, is hereby approved
with respect to the monument sign only and shall be adhered to,
2. That the brick used in the construction of the base of the sign shall
match that of the principal building and shall be full face four (4")
inch brick, no exceptions,
3 That all signage for this store shall not be illuminated beyond one
hour after closing,
4 That any additional signage shall come back before the Planning
Commission and City Council for their review and approval.
At the request of the petitioner, and at the direction of the Chair, the
matter of the foregoing Sign Permit Application was postponed until the Regular
Meeting of October 21, 1998, when all Council members would be present.
Walsh and Brosnan withdrew their motions on the foregoing resolution.
31218
A communication from the Department of Law, dated September 8, 1998,
re when petitioners should appear before the Zoning Board of Appeals and/or the
Planning Commission was received and placed on file for the information of the
Council
On a motion by Duggan, seconded by Brosnan, and unanimously
adopted, it was
#727-98 RESOLVED, that having considered the report and
recommendation of the Committee of the Whole, dated September 1,
1998, submitted pursuant to Council Resolution 259-98, and a
communication from the Director of Public Works and the City Engineer,
dated March 20, 1998, which bears the signature of the Director of
Finance and is approved for submission by the Mayor, to which is
attached a copy of two design proposals and a project summary with
respect to architectural design and contract administration services for the
construction of a storage building at the Police Station and a truck scale
enclosure on Glendale Avenue, the Council does hereby accept the
proposals and project summary submitted by Nordstrom Samson
Associates, 19853 West Outer Drive, Dearborn, Michigan 48124, for
performing architectural and contract administration services for such
projects in an amount not to exceed $48,640 00; FURTHER, the Council
does hereby appropriate and authorize the expenditure of the sum of
$30,640 00 from Account No 101-447-975-000 for services provided in
connection with the storage building at the Police Department site and
$18,000 00 from Account No 205-527-974-000 for services provided in
connection with the truck scale building on Glendale Avenue for this
purpose, and the Director of Public Works is hereby authorized to
approve minor adjustments in the work as it becomes necessary;
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 140D2 of the Livonia Code of
Ordinances, as amended, and the Mayor and City Clerk are hereby
authorized to execute the contracts for and on behalf of the City of Livonia
with the aforesaid firm and to do all other things necessary or incidental to
the full performance of this resolution
On a motion by Laura, seconded by Brosnan, and unanimously adopted,
it was
#728-98 RESOLVED, that having considered the report and
recommendation of the Committee of the Whole, dated September 1,
31219
1998, submitted pursuant to Council Resolution 201-98, regarding the
matter of the staffing in the Treasurer's Office, and a communication from
the Personnel Director dated September 3, 1998, the Council does
hereby approve an amendment to the classification of Positions Plan and
the establishment of the classification of Assistant Treasurer; FURTHER,
the Council does hereby set the salary of the Assistant Treasurer as
follows
Bi-Weeklv Annual
Step 1 $1,474 40 $38,334 40
Step 1 5 1,504 00 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
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.
The report and recommendation of Plante & Moran, dated August 18,
1998, re a review of the City of Livonia's Treasurer's Department was received and
placed on file for the information of the Council (CR 201-98)
The President relinquished the Chair to Vice President Walsh at 8 44 p m. to address
the next agenda item.
A communication from C R. Charest, Jr , dated September 8, 1998, re
the proposed purchase of property located at 17000 Farmington Road (Ward
Evangelical Presbyterian Church) was received and placed on file for the information of
the Council (CR 850-97)
Due to a conflict of interest on this agenda item, President Engebretson left the podium
at 8'45 p m.
On a motion by Brosnan, seconded by Laura, it was.
#729-98 RESOLVED, that having considered the report and
recommendation of the Capital Improvement Committee, dated
September 3, 1998, submitted pursuant to Council Resolution 850-97,
and the report and recommendation of the Department of Law, dated
September 25, 1997, approved for submission by the Mayor and
submitted pursuant to Council Resolution 770-97, concerning the
31220
proposed purchase of property located at 17000 Farmington Road (Ward
Evangelical Presbyterian Church), the Council does hereby refer the
matter of a needs assessment and evaluation of future uses of Ward
Presbyterian Church as a community center to the Mayor for a report and
recommendation.
A roll call vote was taken on the foregoing resolution with the following result:
AYES Brosnan, Duggan, and Laura.
NAYS Pastor and Walsh
The Vice President declared the resolution adopted
A communication from the Office of the Mayor, dated September 3, 1998,
re: administrative response to CR 849-97 -the subject of financing the proposed
purchase of property located at 17000 Farmington Road (Ward Evangelical
Presbyterian Church) was received and placed on file for the information of the
Council
On a motion by Brosnan, seconded by Laura, it was
#730-98 RESOLVED, that having considered the report and
recommendation of the Capital Improvement Committee, dated
September 3, 1998, submitted pursuant to Council Resolution 850-97,
and the report and recommendation of the Department of Law, dated
September 25, 1997, approved for submission by the Mayor and
submitted pursuant to Council Resolution 770-97, concerning the
proposed purchase of property located at 17000 Farmington Road (Ward
Evangelical Presbyterian Church), the Council does hereby determine to
take no further action with respect to this matter
A roll call vote was taken on the foregoing resolution with the following result:
AYES Brosnan, Pastor, Duggan, Laura, and Walsh
NAYS None.
The Vice President declared the resolution adopted
On a motion by Brosnan, seconded by Pastor, it was
#731-98 RESOLVED, that having considered the report and
recommendation of the Capital Improvement Committee, dated
31221
September 3, 1998, submitted pursuant to Council Resolution 912-97, in
connection with the referral to the financial advisor, Richard Barch, for his
report and recommendation on the subject of the average cost to each
homeowner of a $5 6 million bond issue to be utilized for the purchase of
Ward Evangelical Presbyterian Church, the Council does hereby
determine to take no further action with respect to this matter
A roll call vote was taken on the foregoing resolution with the following result:
AYES Brosnan, Pastor, Duggan, Laura, and Walsh
NAYS None
The Vice President declared the resolution adopted
A communication from Stauder, Barch & Associates, Inc., dated
November 26, 1997, re. financing the purchase of Ward Evangelical Presbyterian
Church was received and placed on file for the information of the Council (CR 912-97)
The President resumed the Chair at 8 50 p m
On a motion by Laura, seconded by Brosnan, it was
RESOLVED, that having considered the report and
recommendation of the Committee of the Whole, dated September 8,
1998, submitted pursuant to Council Resolution 577-98, and the report
and recommendation of the Director of Finance, dated April 13, 1998,
approved for submission by the Mayor, regarding funding for Hegira
Programs, Inc. - Livonia Counseling Center for professional services
provided to the City and its citizens for the fiscal year ending November
30, 1998, the Council does hereby appropriate and authorize the
expenditure of an amount not to exceed $24,000 00 to Hegira Programs,
Inc., 8623 N Wayne Road, Suite 200, Westland, Michigan 48185, for the
fiscal year beginning December 1, 1998, for the Livonia Counseling
Center in consideration for which Hegira Programs, Inc. will, among other
things, a) assist the City in developing a fee-for-service program for future
funding of behavioral health services, identifying and prioritizing
community needs based on actual data collected during the 1998-99
fiscal year, and b) provide quarterly reports beginning January 1, 1999,
accounting for services provided to Livonia residents and Hegira's use of
the referenced $24,000 00 subsidy; FURTHER, the Council does hereby
resolve that the cost benefit analysis regarding possible renovation of
City-owned property currently housing Livonia Counseling Center at
13325 Farmington Road, Livonia, Michigan, referenced in the
memorandum of Hegira Programs, Inc. regarding Council Resolution 577-
98 be completed by June 1, 1999, and submitted to the administration for
31222
submission to City Council promptly thereafter, with Hegira Programs, Inc.
to continue its current leasing arrangement for said property through
September 30, 1999, FURTHER, the Council does hereby request that
the administration meet with Hegira Programs, Inc. to develop goals for
the City's employee assistance program and behavioral health referral
services to Livonia residents, FURTHER, the Council does hereby
determine to continue the current fee-for-service block grant program with
Livonia Counseling Center for the 1998-99 fiscal year for the proposed
amount of$16,000 00
A roll call vote was taken on the foregoing resolution with the following result:
AYES Brosnan, Duggan, and Laura
NAYS Walsh, Pastor, and Engebretson
The President declared the resolution denied
Ed Forry, Director of Hegira Programs, Inc., 8623 N Wayne Road, Westland, spoke in
favor of the City continuing to subsidize Hegira. He stated they are the best provider
for this service, and he wants to continue to provide behavioral services to the City
Mayor Kirksey spoke in opposition of continuing general fund subsidies for Hegira. He
stated there are other providers within our community, and Hegira could continue to
participate on an equal basis with other like providers on a "fee-for-service" basis.
On a motion by Walsh, seconded by Pastor, it was.
#732-98 RESOLVED, that having considered the report and
recommendation of the Committee of the Whole, dated September 8,
1998, submitted pursuant to Council Resolution 577-98, and the report
and recommendation of the Director of Finance, dated April 13, 1998,
approved for submission by the Mayor, regarding funding for Hegira
Programs, Inc. - Livonia Counseling Center for professional services
provided to the City and its citizens for the fiscal year ending November
30, 1998, the Council does hereby, for the fiscal year beginning
December 1, 1998, appropriate and authorize the expenditure of an
amount not to exceed $24,000 00 to pay for a fee-for-service emergency
behavioral health referral network as outlined in the attachments to the
September 3, 1998, letter of Mary E Rutan to the City Council, with no
General Fund subsidy to Hegira Programs, Inc. in fiscal year 1998/1999
or thereafter; FURTHER, the Council does hereby determine to continue
the current fee-for-service block grant program with Livonia Counseling
Center for the 1998-99 fiscal year for the proposed amount of$16,000 00,
with any remaining balance from same to be carried over to the 1999-
2000 fiscal year and applied to the referenced fee-for-service emergency
behavioral health referral network; FURTHER, the Council does hereby
require that the City-owned property currently housing the Livonia
31223
Counseling Center at 13325 Farmington Road, Livonia, Michigan, be
vacated by Hegira Programs, Inc. no later than September 30, 1999
A roll call vote was taken on the foregoing resolution with the following result:
AYES Brosnan, Walsh, Pastor, Duggan, and Engebretson
NAYS Laura.
The President declared the resolution adopted
On a motion by Pastor, seconded by Brosnan, and unanimously adopted,
it was:
#733-98 RESOLVED, that having considered the report and
recommendation of the Committee of the Whole, dated September 8,
1998, submitted pursuant to Council Resolution 577-98, and the report
and recommendation of the Director of Finance, dated April 13, 1998,
approved for submission by the Mayor, regarding funding for Hegira
Programs, Inc. - Livonia Counseling Center for professional services
provided to the City and its citizens for the fiscal year ending November
30, 1998, the Council does hereby authorize payment of$24,000 00 to
Hegira Programs, Inc., 8623 N Wayne Road, Suite 200, Westland,
Michigan 48185, for services rendered by the Livonia Counseling Center
for the period ending November 30, 1998
Duggan gave first reading to the following Ordinance
AN ORDINANCE VACATING PORTIONS OF STREET,
ALLEY AND PUBLIC GROUND (Petition 98-6-3-3)
The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in the
Office of the City Clerk and is the same as if word for word repeated herein The above
Ordinance was placed on the table for consideration at the next regular meeting
Brosnan took from the table, for second reading and adoption, the
following Ordinance
AN ORDINANCE ADDING SECTION 370 TO TITLE 15,
CHAPTER 04 (BUILDING CODES) OF THE LIVONIA CODE
OF ORDINANCES, AS AMENDED
A roll call vote was taken on the foregoing Ordinance with the following result:
31224
AYES Brosnan, Walsh, Pastor, Duggan, Laura, and Engebretson
NAYS None
The President declared the foregoing Ordinance duly adopted, and would become
effective on publication
On a motion by Brosnan, seconded by Duggan, and unanimously
adopted, it was
#734-98 RESOLVED, that having considered a communication from
the City Planning Commission, dated August 31, 1998, approved for
submission by the Mayor, which sets forth its resolution 8-137-98,
adopted on August 25, 1998, with regard to a request for an extension of
site plan approval previously granted pursuant to Petition 97-3-8-6
submitted by The Design & Construction Group, Inc., on behalf of Mobil
Oil Station, in connection with the approval of all plans for a proposal to
construct an addition to the gas station located at 17111 Farmington
Road in the Southeast 1/4 of Section 9, previously granted in Council
Resolution 505-97, adopted on June 11, 1997, the Council does hereby
concur in the recommendation of the Planning Commission and does
hereby grant the requested extension for a six-month period, subject to
the following condition
That the request for an extension of Site Plan approval by The
Design & Construction Group, Inc., on behalf of Mobil Oil, in a
letter dated August 10, 1998, is hereby approved for a six-month
period and shall be subject to all conditions and requirements set
forth in the original resolution
A communication from the Inspection Department, dated September 21,
1998, re outside display of merchandise with respect to Petition 97-3-8-6 was
received and placed on file for the information of the Council
On a motion by Laura, seconded by Brosnan, it was
RESOLVED, that having considered a communication from
the City Planning Commission, dated August 27, 1998, approved for
submission by the Mayor, which transmits its resolution 8-134-98 adopted
on August 25, 1998, with regard to Petition 98-8-8-25 submitted by
Seigfreid, Edwards & Associates, on behalf of Walgreens, requesting site
plan approval in connection with a proposal to construct a commercial
building located at 8850 Newburgh in the Southwest 1/4 of Section 32,
pursuant to the provisions set forth in Section 18 47 of Ordinance No
31225
543, as amended, the Council does hereby concur in the recommendation
of the Planning Commission and Petition 98-8-8-25 is hereby approved
and granted, subject to the following conditions
hior 1 That the Site Plan marked Sheet CO 1 by Seigfreid, Edwards &
Associates, as received by the Planning Commission on July 29,
1998, is hereby approved and shall be adhered to,
2 That the Landscape Plan marked Sheet AO 1 prepared by
Seigfreid, Edwards & Associates, as received by the Planning
Commission on July 29, 1998, is hereby approved and shall be
adhered to, except for the fact that trees must have a minimum
diameter of two (2") inches measured at a point one (1') foot above
the base of the tree,
3 That all disturbed lawn areas shall be sodded in lieu of
hydroseeding,
4 That underground sprinklers are to be provided for all landscaped
and sodded areas, and all planted materials shall be installed to
the satisfaction of the Inspection Department and thereafter
permanently maintained in a healthy condition;
5 That the Exterior Building Elevation Plan marked Sheet A2.1
prepared by Seigfreid, Edwards and Associates, as received by the
Planning Commission on August 25, 1998, is hereby approved and
shall be adhered to,
6 That the brick used in the construction of the building shall be full
face four (4") inch brick, no exceptions;
7 That the three walls of the trash dumpster area shall be
constructed out of the same brick used in the construction of the
building and the enclosure gates shall be maintained and, when
not in use, closed at all times,
8 That all light standards shall be shielded from the adjacent
properties and shall not exceed 20 feet in height;
9 That the protective wall shall be 7 feet in height on the east and
north property lines, and
10 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
A roll call vote was taken on the foregoing resolution with the following result:
31226
AYES Brosnan, Laura and Engebretson.
NAYS Walsh, Pastor and Duggan.
The President declared the resolution denied.
Steve Murphy stated he was the original petitioner for the zoning and site plan review,
- and they were asked by the Planning Commission to build the same building as the one
at Middlebelt and Six Mile, yet the Council did not adopt that resolution. He stated he
was somewhat confused
On a motion by Pastor, seconded by Walsh, it was
RESOLVED, that having considered a communication from
the City Planning Commission, dated August 27, 1998, approved for
submission by the Mayor, which transmits its resolution 8-134-98 adopted
on August 25, 1998, with regard to Petition 98-8-8-25 submitted by
Seigfreid, Edwards & Associates, on behalf of Walgreens, requesting site
plan approval in connection with a proposal to construct a commercial
building located at 8850 Newburgh in the Southwest 1/4 of Section 32,
pursuant to the provisions set forth in Section 18 47 of Ordinance No
543, as amended, the Council does hereby concur in the recommendation
of the Planning Commission and Petition 98-8-8-25 is hereby approved
and granted, subject to the following conditions
1 That the Site Plan marked Sheet CO 1 by Seigfreid, Edwards &
Associates, as received by the Planning Commission on July 29,
1998, is hereby approved and shall be adhered to,
2 That the Landscape Plan marked Sheet AO 1 prepared by
Seigfreid, Edwards & Associates, as received by the Planning
Commission on July 29, 1998, is hereby approved and shall be
adhered to, except for the fact that trees must have a minimum
diameter of two (2") inches measured at a point one (1') foot above
the base of the tree,
3 That all disturbed lawn areas shall be sodded in lieu of
hydroseeding,
4 That underground sprinklers are to be provided for all landscaped
and sodded areas, and all planted materials shall be installed to
the satisfaction of the Inspection Department and thereafter
permanently maintained in a healthy condition,
5 That the Exterior Building Elevation Plan marked Sheet A2 1
prepared by Seigfreid, Edwards and Associates, as received by the
Planning Commission on August 25, 1998, is hereby approved and
31227
shall be adhered to, except that the mortar and pestle building
relief shall not be permitted,
6 That the brick used in the construction of the building shall be full
face four (4") inch brick, no exceptions,
7 That the three walls of the trash dumpster area shall be
constructed out of the same brick used in the construction of the
building and the enclosure gates shall be maintained and, when
not in use, closed at all times;
8 That all light standards shall be shielded from the adjacent
properties and shall not exceed 20 feet in height;
9 That the protective wall shall be 7 feet in height on the east and
north property lines; and
10 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
A roll call vote was taken on the foregoing resolution with the following result:
Gap AYES Walsh, Pastor and Duggan
NAYS Brosnan, Laura and Engebretson.
The President declared the resolution denied
The Chair recommended that this matter (Petition 98-8-8-25) be
postponed until the Regular Council Meeting of October 21, 1998
On a motion by Duggan, seconded by Laura, it was
RESOLVED, that the Council hereby determines to
reconsider the first resolution proposed with respect to Petition 98-8-8-25
A roll call vote was taken on the motion to reconsider with the following result:
AYES Brosnan, Duggan, Laura, and Engebretson.
NAYS Walsh and Pastor
The President declared the motion to reconsider adopted.
On a motion by Duggan, seconded by Laura, it was.
31228
#735-98 RESOLVED, that having considered a communication from
the City Planning Commission, dated August 27, 1998, approved for
submission by the Mayor, which transmits its resolution 8-134-98 adopted
on August 25, 1998, with regard to Petition 98-8-8-25 submitted by
Seigfreid, Edwards & Associates, on behalf of Walgreens, requesting site
plan approval in connection with a proposal to construct a commercial
building located at 8850 Newburgh in the Southwest 1/4 of Section 32,
pursuant to the provisions set forth in Section 18 47 of Ordinance No
543, as amended, the Council does hereby concur in the recommendation
of the Planning Commission and Petition 98-8-8-25 is hereby approved
and granted, subject to the following conditions
1 That the Site Plan marked Sheet CO 1 by Seigfreid, Edwards &
Associates, as received by the Planning Commission on July 29,
1998, is hereby approved and shall be adhered to,
2 That the Landscape Plan marked Sheet AO 1 prepared by
Seigfreid, Edwards & Associates, as received by the Planning
Commission on July 29, 1998, is hereby approved and shall be
adhered to, except for the fact that trees must have a minimum
diameter of two (2") inches measured at a point one (1') foot above
the base of the tree,
3 That all disturbed lawn areas shall be sodded in lieu of
hydroseeding,
4 That underground sprinklers are to be provided for all landscaped
and sodded areas, and all planted materials shall be installed to
the satisfaction of the Inspection Department and thereafter
permanently maintained in a healthy condition,
5 That the Exterior Building Elevation Plan marked Sheet A2.1
prepared by Seigfreid, Edwards and Associates, as received by the
Planning Commission on August 25, 1998, is hereby approved and
shall be adhered to,
6 That the brick used in the construction of the building shall be full
face four (4") inch brick, no exceptions,
7 That the three walls of the trash dumpster area shall be
constructed out of the same brick used in the construction of the
building and the enclosure gates shall be maintained and, when
not in use, closed at all times,
8 That all light standards shall be shielded from the adjacent
properties and shall not exceed 20 feet in height;
31229
9 That the protective wall shall be 7 feet in height on the east and
north property lines, and
10 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
- A roll call vote was taken on the foregoing resolution with the following result:
AYES Brosnan, Duggan, Laura, and Engebretson
NAYS Walsh and Pastor
The President declared the resolution adopted
On a motion by Brosnan, seconded by Laura, and unanimously adopted,
it was.
#736-98 WHEREAS, the City Clerk has received an Application for
Industrial Facilities Exemption Certificate from Awrey Bakeries, Inc., dated
August 24, 1998, covering new industrial facilities to be located within
City of Livonia Industrial Development District No 5, 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 Awrey Bakeries, Inc., the
Assessor, and a representative of each of the affected taxing units an
opportunity for a hearing on this Application and said hearing having in
fact been conducted at 7 00 p m on Wednesday, September 2, 1998, 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, Awrey Bakeries, 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
31230
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 Awrey Bakeries, Inc. covering
new industrial facilities to be located within the City of Livonia
Industrial Development District No 5 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.
A communication from Awrey Bakeries, Inc., dated September 8, 1998, re
agreeing to discontinue storing trailers in the first paved area west of Farmington Road,
south of the entrance off Farmington Road, was received and placed on file for the
information of the Council
On a motion by Brosnan, seconded by Duggan, and unanimously
adopted, it was
#737-98 RESOLVED, that having received an Application for an
Industrial Facilities Exemption Certificate from Ford Motor Land Services
Corporation, dated July 6, 1998, covering new industrial facilities to be
located within City of Livonia Industrial Development District No 1, the
Council does hereby refer this matter to the Committee of the Whole for
its report and recommendation
William Bartling, Tax Counsel for Ford Motor Company, stated he had some difficulty
with some of the language in the standard Letter of Agreement the City requires for
industrial facilities exemptions, and stated there should be some flexibility with regard
to this matter
The proposed Letter of Agreement between the City of Livonia and Ford
Motor Company, received on September 16, 1998, with respect to their Application for
31231
an Industrial Facilities Exemption Certificate was received and placed on file for the
information of the Council
A communication from the Department of Law, dated September 22,
1998, re Letter of Agreements in connection with the City's October, 1997 Policy
- Statement with respect to Act 198 Tax Abatements was received and placed on file for
the information of the Council (CR 917-97)
A communication from the Department of Finance, dated September 18,
1998, re delinquent false alarm balance pertaining to Ford Motor Company was
received and placed on file for the information of the Council
On a motion by Pastor, seconded by Brosnan, and unanimously adopted,
it was
#738-98 RESOLVED, that having considered a communication from
the City Planning Commission, dated June 12, 1998, which sets forth its
resolution 6-84-98, adopted on June 9, 1998, with regard to Petition 98-4-
1-8, submitted by Carl Creighton on behalf of Ronald Borkowski, for a
change of zoning of property located on the southwest corner of Clarita
and Brentwood Streets in the Northwest 1/4 of Section 12, from RUF to R-
1, and the Council having conducted a public hearing with regard to this
matter on September 2, 1998, pursuant to Council Resolution 505-98, the
Council does hereby concur in the recommendation of the Planning
Commission and Petition 98-4-1-8 is hereby denied for the following
reasons.
1 That the proposed change of zoning is inconsistent with the
prevailing RUF zoning in the area,
2. That the proposed change of zoning will provide for lot sizes which
are inconsistent with the majority of the existing lots in this general
area,
3 That the proposed change of zoning is incompatible to and not in
harmony with the general character of the area,
4 That the proposed change of zoning is not necessary for the
continued use of the subject property for residential purposes, and
31232
5 That the proposed change has a potential to open the neighboring
area to additional rezoning proposals and thereby downgrading the
neighborhood to lower housing classifications
A communication from Carl V Creighton, Brashear, Tangora and Spence,
LLP, attorney for the petitioner, dated September 8, 1998, re stating that the
- requested rezoning of Petition 98-4-1-8 would not be inconsistent with the general
character of the area was received and placed on file for the information of the Council
A communication from the Planning Department, dated September 21,
1998, re indicating a valid protest exists with respect to Petition 98-4-1-8, which would
require a three-fourths majority vote of the Council to approve this rezoning, was
received and placed on file for the information of the Council
On a motion by Duggan, seconded by Brosnan, and unanimously
adopted, it was
#739-98 RESOLVED, that having considered a communication from
the City Planning Commission, dated June 25, 1998, which transmits its
resolution 6-106-98 adopted on June 23, 1998, with regard to Petition 98-
5-8-15 submitted by A.D I Realty, Inc. on behalf of Arbor Drugs,
requesting site plan approval in connection with a proposal to construct a
retail store on property located at 29500 Five Mile Road in the Southwest
1/4 of Section 14, pursuant to the provisions set forth in Section 18 58 of
Ordinance No 543, as amended, and the Council having conducted a
public hearing with regard to this matter on September 2, 1998, pursuant
to Council Resolution 542-98, the Council does hereby refer this item to
the Committee of the Whole for its report and recommendation
Gary Adams, representing Arbor Drugs, stated he agreed to go to Committee, but
requested this matter be scheduled as soon as possible
On a motion by Walsh, seconded by Laura, and unanimously adopted, it
was.
#740-98 RESOLVED, that the Council does hereby refer the subject
of economic development consultation and the appropriate format for
requesting information on economic development from the Economic
Development Manager to the Legislative Committee for its report and
recommendation, FURTHER, the Council does hereby request that the
31233
Economic Development Manager and the Livonia Chamber of Commerce
Economic Development Coordinator be invited to attend such meeting
A communication from the Planning Department, dated September 3,
1998, re a City of Livonia pharmacy survey was received and placed on file for the
information of the Council (Petition 98-5-8-15)
A communication from the Economic Development Manager, dated
September 8, 1998, re a building occupancy study relative to Petition 98-5-8-15 was
received and placed on file for the information of the Council
On a motion by Brosnan, seconded by Pastor, and unanimously adopted,
it was.
#741-98 RESOLVED, that having considered a communication from
Jabbour & Associates, dated July 1, 1998, which in accordance with the
provisions of Section 19 08 of Ordinance No 543, as amended, the
Zoning Ordinance takes an appeal from a determination made on June
23, 1998, by the City Planning Commission in its resolution 6-103-98
adopted on June 23, 1998, with regard to a revision to Petition 87-4-8-14
submitted by Jabbour & Associates requesting approval of all plans
required by Section 18 58 for the construction of an office building on
property located at 9130 Middlebelt Road in the Southwest 1/4 of Section
36, and the Council having conducted a public hearing with regard to this
matter on September 2, 1998, pursuant to Council Resolution 567-98, the
Council does hereby concur in the recommendation of the Planning
Commission and revision to Petition 87-4-8-14 for outside storage of trash
is hereby denied for the same reasons as those set forth in the action
taken by the Planning Commission
Brosnan gave first reading to the following Ordinance
AN ORDINANCE AMENDING SUBSECTIONS (b), (c), (d),
(e) AND (j) OF SECTION 18 42A TO ARTICLE XVIII OF
ORDINANCE NO 543, AS AMENDED, KNOWN AND CITED
AS "THE CITY OF LIVONIA ZONING ORDINANCE"
(Petition 98-4-6-2)
L
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The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in the
Office of the City Clerk and is the same as if word for word repeated herein The above
Ordinance was placed on the table for consideration at the next regular meeting
On a motion by Duggan, seconded by Brosnan, and unanimously
- adopted, it was
#742-98 RESOLVED, that having considered a letter from the
National League of Cities, dated August 31, 1998, with regard to the
Annual Business Meeting to be held in Kansas City, Missouri, on
December 1 - 5, 1998, the Council does hereby designate Joe Laura as
the Official Representative and Voting Delegate of the City of Livonia at
the Annual Meeting and does further delegate Joan McCotter as the
alternate; and the City Clerk is hereby requested to do all things
necessary or incidental to the full performance of this resolution
On a motion by Brosnan, seconded by Duggan, and unanimously
adopted, it was
#743-98 RESOLVED, that having considered a communication from
the Director of Community Resources, dated August 26, 1998, which
bears the signature of the Director of Finance and is approved for
submission by the Mayor, the Council does, for and on behalf of the City
of Livonia, accept the donation of$500 00 in Farmer Jack food
certificates from the Kiwanis Early Risers to the Community Resources
Department to be used as indicated in the aforesaid communication.
On a motion by Laura, seconded by Duggan, and unanimously adopted, it
was
#744-98 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 Laura, seconded by Walsh, and unanimously adopted, it
was:
#745-98 RESOLVED, that having considered the report and
recommendation of the Superintendent of Parks and Recreation and the
Director of Public Works, dated September 18, 1998, which bears the
signatures of the Director of Finance and the City Attorney, and is
approved for submission by the Mayor, wherein it is recommended that
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Council authorize the temporary use of an area within Bicentennial Park,
north of the new Fire Station site, immediately south of the tennis courts,
on the east side of Bicentennial Park Drive by John Carlo, Inc. for the
period beginning September 24, 1998, through October 30, 1999, for a
temporary concrete batch plant subject to the following conditions
1 Provide a Certificate of Insurance on all contractor operations,
2 Hold harmless the City and its agents for wrongdoings occurring on
the site that are the direct result of the contractor's occupancy;
3 Grade and restore the site to its original condition, or better,
directly upon the completion of activities,
4 Secure the site as directed by the Department of Parks and
Recreation and the Department of Public Works,
5 Keep the premises dust free in accordance with the permit issued
by the Wayne County Health Department Air Pollution Control
Division,
6 Abide by all existing laws and regulations, both local and State,
pertaining to erosion, siltation and pollution of water courses,
7 Abide by all local ordinances,
8 Repair any damage to Bicentennial Park Drive resulting from the
truck traffic from the concrete batch plant operation,
9 Improve the Bicentennial comfort station parking lot by placing two
1-1/2" lifts of asphalt pavement,
10 Post a $25,000 00 cash bond or bank Letter of Credit with the City
to assure completion of all of the City requirements of the
temporary use of this property; and
11 Additional benefits to be identified by the City of Livonia
administration prior to execution of the agreement.
the Council does hereby concur in and approve of such action.
During the audience communication portion of the meeting, Bill Fried,
16009 Riverside, stated there are many clashes between what the developers want and
what the residents want. He suggested a new Master Plan be developed, and
referenced an article in The Detroit News (9/23/98, page 1A & 1B) with regard to this
subject matter
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Councilmember Pastor wished his sister-in-law a quick recovery from the
L birth of his nephew, and again voiced his congratulations to the new parents.
On a motion by Duggan, seconded by Brosnan, and unanimously
adopted, this 1,377th Regular Meeting of the Council of the City of Livonia was
adjourned at 1007 p m., September 23, 1998
d.«,: /
J :n McCotter, City Clerk