HomeMy WebLinkAboutCOUNCIL MINUTES 1998-06-10 31002
MINUTES OF THE ONE THOUSAND THREE HUNDRED AND SEVENTIETH
REGULAR MEETING OF THE COUNCIL OF THE CITY OF LIVONIA
On June 10, 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 Duggan delivered the invocation
Roll was called with the following result. Brian Duggan, Joe Laura,
Maureen Miller Brosnan, John J Walsh, Val I Vandersloot, John R. Pastor, and Jack
Engebretson Absent: None
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, Michael T
Slater, Director of Finance, Ronald Reinke, Superintendent of Parks and Recreation,
James Inglis, Director of Housing, Mary Rutan, Personnel Director; Robert J Beckley,
Director of Public Works, Laura M Toy, City Treasurer; Jeffery Bryant, Economic
Development Manager; and Ian Wilshaw, Traffic Commission
On a motion by Duggan, seconded by Brosnan, and unanimously
adopted, it was
#420-98 RESOLVED, that the minutes of the 1,369th Regular
Meeting of the Council of the City of Livonia, held May 20, 1998, are
hereby approved as submitted.
No one from the audience spoke at this time
Councilmember Duggan remarked that today was the last day of school in
Livonia and asked residents to drive carefully
Councilmember Laura congratulated Joanne Morgan for winning the
School Board race (Member of the Board of Education -four-year term) and thanked all
the voters who voted in the June 8, 1998 School Board Election
31003
A communication from the Department of Finance, dated May 21, 1998,
re forwarding various financial statements of the City of Livonia for the month ending
April 30, 1998, was received and placed on file for the information of the Council
A communication from the Engineering Division, dated May 27, 1998, re
status of the Hillcrest Court Development Project, at Five Mile and Spanich Court, on
the east side of Kroger was received and placed on file for the information of the
Council
On a motion by Duggan, seconded by Pastor, and unanimously adopted,
it was
#421-98 RESOLVED, that the Council does hereby remove from
future agendas the subject of the status of the Hillcrest Court
Development Project, located at Five Mile and Spanich Court, on the east
side of Kroger, from any further updates
A communication from the Engineering Division, dated June 2, 1998, re
status of the Pines of Winfield Subdivision and cleanup in Sheffield Estates Subdivision
was received and placed on file for the information of the Council
Council President Engebretson relinquished the gavel to Vice President
Walsh at 8.10 p m
On a motion by Engebretson, seconded by Brosnan, it was
#422-98 RESOLVED, that having considered a communication from
Council President Jack Engebretson, dated June 3, 1998, the Council
does hereby discharge the Committee of the Whole from consideration of
Council Resolution 413-98 pertaining to a communication from the City
Planning Commission, dated April 24, 1998, which transmits its resolution
4-57-98 adopted on April 21, 1998, with regard to Petition 98-3-8-9
submitted by CSM Corporation, on behalf of Towne Place Suites,
requesting site plan approval in connection with a proposal to construct a
hotel on property located at 17450 Fox Drive in the Southwest 1/4 of
Section 7, pursuant to the provisions set forth in Section 18 47 of
Ordinance No 543, as amended.
A roll call vote was taken on the foregoing resolution with the following result:
31004
AYES Duggan, Laura, Brosnan, Engebretson, Vandersloot, Pastor, and
Walsh
NAYS None
The Vice President declared the resolution adopted.
On a motion by Engebretson, seconded by Brosnan, it was
#423-98 RESOLVED, that having considered a communication from
the City Planning Commission, dated April 24, 1998, which transmits its
resolution 4-57-98 adopted on April 21, 1998, with regard to Petition 98-3-
8-9 submitted by CSM Corporation, on behalf of Towne Place Suites,
requesting site plan approval in connection with a proposal to construct a
hotel on property located at 17450 Fox Drive in the Southwest 1/4 of
Section 7, pursuant to the provisions set forth in Section 18 47 of
Ordinance No 543, as amended, the Council does hereby concur in the
recommendation of the Planning Commission and Petition 98-3-8-9 is
hereby approved and granted, as modified, subject to the following
conditions
1 That the Site Plan marked Sheet 1, prepared by Arpee/Donnan,
Inc., as received by the Planning Commission on March 24, 1998
is hereby approved and shall be adhered to,
2 That the Landscape Plan marked Sheet 1 , prepared by
Arpee/Donnan, Inc , as received by the Planning Commission on
April 6, 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 Sheets A4 0 and
A4 1, prepared by CSM Lodging L.L.0 , as received by the
Planning Commission on March 24, 1998 is hereby approved and
shall be adhered to,
6 That the brick used in the construction of the hotel shall be full-face
four inch (4") brick, with no exceptions,
31005
7 That the three (3) 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 the petitioner shall meet to the Engineering Department's
satisfaction the following requirements as outlined in the
correspondence dated March 26, 1998
• that the existing valley drain to the east of the property shall
be cleaned and graded once construction is under way;
9 That the petitioner shall meet to the Department of Public Safety's
satisfaction the following requirements as outlined in the
correspondence dated April 2, 1998
• that a hydrant shall be located within 100 ft. of the Fire
Department connection(s) and no closer than 50 ft. from
Building "A" and/or Building "B",
• that the east/west driveway along the south side of Building
"A" from the southwest corner of the building to the curb on
the east side of the pool shall be posted "Fire Lane - No
Parking" per City Ordinance,
10 That the Sign Package prepared by CSM Corporation, as received
by the Planning Commission on April 9, 1998 is hereby approved
and shall be adhered to, and
11 That there shall be full-face brick on all four (4) sides as seen in
the June 2, 1998 rendering, with an accent band of brick, which
shall be approved informally by the City Council after review by the
Planning Department.
A roll call vote was taken on the foregoing resolution with the following result:
AYES Duggan, Laura, Brosnan, Engebretson, Vandersloot, Pastor, and
Walsh
NAYS None
The Vice President declared the resolution adopted
The President resumed the Chair at 8 20 p m
At the direction of the Chair, Item #9 was removed from the Consent
portion of the Agenda.
31006
A communication from the Inspection Department, dated June 4, 1998, re.
administrative response to CR 379-98 - the request of Michael Williams, 12146 Stark
Road, for a protective wall between his property and the abutting industrial property -
was received and placed on file for the information of the Council
A communication from the Department of Law, dated June 3, 1998, re
additional information pertaining to the request for an entrance marker for Old
Rosedale Gardens Subdivision and the use of City rights-of-way was received and
placed on file for the information of the Council (CR 126-98) (Consent Agenda Item
#20)
A communication from the Department of Law, dated June 3, 1998, re a
proposed contract between Wayne County and the City of Livonia which sets out the
obligations and rights of the parties with respect to the Seven Mile Road
Reconstruction, from Newburgh to Farmington Roads, including the construction of
missing sidewalk, was received and placed on file for the information of the Council
(Consent Agenda Item #27)
On a motion by Duggan, seconded by Brosnan, it was
#424-98 RESOLVED, that having considered an application from
Anne Drum, 27674 Western Golf Court, dated May 11, 1998, requesting
permission to close the Western Golf Court cul-de-sac off of Western Golf
Drive on Saturday, June 27, 1998, from 2'00 p m. to 1000 p m, for the
purpose of conducting a block party, the Council does hereby grant
permission as requested, including therein permission to conduct the said
affair on Sunday, June 28, 1998, in the event of inclement weather, the
action taken herein being made subject to the approval of the Police
Department.
#425-98 RESOLVED, that having considered an application from
Diane Geverink, 34462 Woodvale, dated May 17, 1998, requesting
permission to close Woodvale between Ashurst and Alpine on Saturday,
July 11, 1998, from 4 00 p m to 9.00 p m. for the purpose of conducting a
block party, the Council does hereby grant permission as requested,
including therein permission to conduct the said affair on Sunday, July 12,
31007
1998, in the event of inclement weather, the action taken herein being
made subject to the approval of the Police Department.
#426-98 RESOLVED, that having considered an application from Lori
Campbell, 35547 Minton Court, dated May 13, 1998, requesting
permission to close Minton between West Chicago and Minton Court on
Saturday, August 1, 1998, from 2.00 p m to 10.00 p m for the purpose of
conducting a block party, the Council does hereby grant permission as
requested, including therein permission to conduct the said affair on
Saturday, August 8, 1998, in the event of inclement weather, the action
taken herein being made subject to the approval of the Police
Department.
#427-98 RESOLVED, that having considered an application from
Janel Barber, 18997 Gillman, dated May 5, 1998, requesting permission
to close Gillman between Seven Mile Road and Clarita on Saturday,
August 8, 1998, from 12 00 p m to 1000 p m for the purpose of
conducting a block party, the Council does hereby grant permission as
requested, including therein permission to conduct the said affair on
Sunday, August 9, 1998, in the event of inclement weather, the action
taken herein being made subject to the approval of the Police
Department.
#428-98 RESOLVED, that having considered an application from
Debbie Perrin, 17250 Ellen Drive, dated May 7, 1998, requesting
permission to close Ellen Drive, between Six Mile and Laurel Avenue, on
Saturday, August 15, 1998, from 2 00 p m to 10 00 p m for the purpose
of conducting a block party, the Council does hereby grant permission as
requested, the action taken herein being made subject to the approval of
the Police Department.
#429-98 RESOLVED, that having considered a letter from Michael
Roth of Dembs Roth Group, 27300 West Eleven Mile Road, Suite 806,
Southfield, Michigan 48034, dated April 22, 1998, requesting to lease or
purchase certain City-owned property located south of the CSX Railroad
on the west side of Stark Road ( 36 acres), Sidwell No 111-99-0005-001,
the Council does hereby refer this matter to the Department of Law for the
purpose of directing the petitioner to obtain an appraisal with respect to
this property and does further request that the Department of Law
thereafter submit its report and recommendation to the Council
#430-98 RESOLVED, that having considered a letter from Michael
Roth of Dembs Roth Group, 27300 West Eleven Mile Road, Suite 806,
Southfield, Michigan 48034, dated April 22, 1998, requesting to lease or
purchase certain City-owned property located south of the CSX Railroad
on the west side of Stark Road ( 36 acres), Sidwell No 111-99-0005-001,
the Council does hereby refer this item to the Committee of the Whole for
its report and recommendation
31008
#431-98 RESOLVED, that having considered a communication from
the City Assessor, dated May 4, 1998, approved for submission by the
Mayor, with regard to a request from Pete Kirsh, Kirsh Contracting
Company, 14667 Garland, Plymouth, Michigan 48170, on behalf of Dale
and Sylvia Bowerman, 36451 Ann Arbor Trail, Livonia, Michigan 48150,
and a subsequent communication from Pete Kirsh, dated May 29, 1998,
withdrawing his request for a lot split for Tax Item No 46-126-01-0752-
002, the Council does hereby determine to take no further action with
respect to this matter
#432-98 RESOLVED, that having considered a communication from
the Department of Law, dated March 31, 1998, which bears the signature
of the Director of Finance, is approved by the Planning Director, and is
approved for submission by the Mayor, and to which is attached an offer
to sell a 27 foot strip of property, 258 5 feet in length, as road right-of-way
at 36451 Ann Arbor Trail from Peter J Kirsh, President, Kirsh Contracting
Company, 14667 Garland, Plymouth, Michigan 48170, dated March 3,
1998, the Council does hereby determine to take no further action with
respect to this matter
#433-98 RESOLVED, that pursuant to Section 21 02 of the Zoning
Ordinance of the City of Livonia, Ordinance No 543, as amended, and
Section 5 of Act 207 of the Public Acts of Michigan of 1921, as amended,
Daniel Richard Andrew, 16728 Parklane Drive, Livonia, Michigan 48154,
is hereby reappointed to the Zoning Board of Appeals for a three-year
term expiring July 12, 2001, with all the authority and duties as set forth in
the said Zoning Ordinance and Act 207
#434-98 RESOLVED, that pursuant to Section 21 02 of the Zoning
Ordinance of the City of Livonia, Ordinance No 543, as amended, and
Section 5 of Act 207 of the Public Acts of Michigan of 1921, as amended,
Thomas L. Foraker, 30840 Lyndon, Livonia, Michigan 48154, is hereby
reappointed to the Zoning Board of Appeals for a three-year term expiring
July 12, 2001, with all the authority and duties as set forth in the said
Zoning Ordinance and Act 207
#435-98 RESOLVED, that having considered a communication from
the Personnel Director, dated May 15, 1998, approved for submission by
the Mayor, and which transmits a resolution adopted by the Civil Service
Commission on May 13, 1998, wherein the Commission recommends that
RULE 26, LEAVES, Section 26.3 (a) Bereavement Leave, of the Rules
and Regulations of the Civil Service Commission be amended to permit
unrepresented Appointees, Administrative, Professional, Confidential and
Exempt Employees, including permanent full-time and permanent part-
time, to be allowed up to ten (10) working days for death of the
employee's spouse, children or step-children, the Council does hereby
concur in and approve of the aforesaid action.
31009
A communication from the Livonia Housing Commission, dated May 6,
1998, re administrative response to CR 268-98 -whether Community Development
Block Grant (CDBG) monies can be utilized for sidewalk installation along major mile
roads -was received and placed on file for the information of the Council (CR 751-95)
#436-98 RESOLVED, that having considered the report and
recommendation of the Superintendent of Parks and Recreation, dated
May 12, 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 Jennings of Michigan/Elgan Inc., 2764 Armstrong Drive, Lake
Orion, Michigan 48360, for completing all work required in connection
with the installation of a park shelter at Mies/Whitman Park for the sum of
$22,719 00, the same having been in fact the lowest bid received and
meets all specifications, FURTHER, the Council does hereby authorize
the expenditure of a sum not to exceed $22,719 00 from funds already
budgeted in Account No 101-707-974-000 for this purpose, and the
Superintendent of Parks and Recreation 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
#437-98 WHEREAS, the 1988 Quality of Life Recreation Bond
Program provided $70 million in local recreation grants, which resulted in
536 quality projects throughout the state, and
WHEREAS, the Michigan Recreation and Park Association has identified
a current unmet need of over $350 million for parks and recreation capital
improvements in Michigan's counties, cities, townships and villages, and
WHEREAS, the need for another Recreation Bond Fund Program is
further evidenced by the fact that in 1997 alone, $35 million in local park
development funding requests were rejected under the Michigan Natural
Resources Trust Fund Program due to the lack of available funds, and
WHEREAS, an investment in the revitalization of community parks will
help address the concern over urban sprawl and help conserve
Michigan's farm land, countryside, and beautiful natural areas, and
WHEREAS, funding for the development and infrastructure revitalization
of local recreation and park facilities will help address concerns for at-risk
youth, and
31010
WHEREAS, statistics indicate that money spent on recreation clearly
results in money saved in corrections, and
WHEREAS, a solid funding source for the development and revitalization
of our city, township, county, and regional parks would result in quality life
experiences for our citizens, especially our youth, and
WHEREAS, both the conserving of Michigan's green space and
enhancing Michigan's quality of life are important for the continuing vitality
of this state and our citizens,
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City
of Livonia strongly encourages the state legislature to support the Clean
Michigan Initiative by adopting Senate Bills 902 and 904 and House Bills
5620, 5622 and 5719 at the $550 million level, which is inclusive of the
very important local recreation and parks component.
BE IT FURTHER RESOLVED, that copies of this resolution be sent to
Governor Engler, State Senator R. Robert Geake, State Representative
Lyn Bankes, State Representative Gerald Law, and the MML State and
Federal Affairs Division
#438-98 RESOLVED, that having considered the report and
recommendation of the Chief of Police, dated May 6, 1998, 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 a Bullet
Trap and Integrated Target System for the Police Department from Action
Target, Inc., Box 636, Provo, Utah 84603, in the amount of$106,015 11,
FURTHER, the Council does hereby approve the transfer of$106,015 11
from Unappropriated Federal Forfeiture Funds to Account No 265-334-
975-000 for this purpose, 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 Section 3 04 140D4 of the Livonia Code of Ordinances,
as amended
#439-98 RESOLVED, that having considered a communication from
the Water and Sewer Board, dated April 14, 1998, which bears the
signature of the Director of Finance and is approved for submission by
the Mayor, and which transmits its resolution WS 3225 4/98, the Council
does hereby accept the bid of Jack Doheny Supplies, Inc., P 0 Box 609,
Northville, Michigan 48167, for supplying the Public Service Division
(Water and Sewer Maintenance Section) with one (1) high-pressure
combination jet rodding machine and catch basin cleaner for a net price of
$174,517 00, based on a total price of$241,692.00 less trade-in of
$67,175 00, the same having been in fact the lowest and only bid
received and meets specifications.
31011
#440-98 RESOLVED, that having considered the report and
recommendation of the Director of Public Works, dated May 14, 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
Spartan Distributors, Inc., 487 W Division Street, Sparta, Michigan
49345, for supplying the Public Service Division (Whispering Willows, Idyl
Wyld and Fox Creek Golf Course Sections) with three (3) 3-reel riding
greensmowers and extra set of verticut units for a net price of$39,539 00,
based on a total price of$43,589 00 less trade-ins of$4,050 00, the same
having been in fact the lowest bid received which meets all specifications,
and the bids of W F Miller Co are hereby rejected for the reasons
indicated in the attachment.
#441-98 RESOLVED, that having considered the report and
recommendation of the Director of Finance, dated May 12, 1998,
approved for submission by the Mayor, and to which is attached (as
Exhibit A) a summary of quotes received for the lease purchase of copy
machines for various City departments, the Council does hereby
authorize the lease of Canon copy machines from Ikon Office Solutions,
41180 Bridge Street, Novi, Michigan 48375, for a 48-month period for
amounts, items and prices indicated on the aforementioned Exhibit A, at
the end of which time title to the copiers will be transferred to the City;
FURTHER, the Council does hereby authorize the said action herein
without competitive bidding in accordance with the provisions set forth in
Section 3 04 140D4 of the Livonia Code of Ordinances, as amended
A communication from the Department of Law, dated May 12, 1998, re
administrative response to CR 126-98 - installation of a stone pillar in an existing right-
of-way as an entrance marker to Old Rosedale Gardens No 7 Subdivision -was
received and placed on file for the information of the Council
#442-98 RESOLVED, that having considered the report and
recommendation of the Department of Law, dated May 12, 1998,
approved for submission by the Mayor, together with the agreement
between the City of Livonia and Old Rosedale Gardens Homeowners
Association attached thereto (the "Agreement"), regarding the installation
of an entrance marker within the public right-of-way within Rosedale
Gardens Subdivision No 7, the Council does hereby authorize the Mayor
and City Clerk to execute an agreement substantially in the form of the
attached agreement, for and on behalf of the City of Livonia, with the
homeowners association, which agreement shall be finalized by the
Department of Law, pursuant to which the City authorizes the
homeowners association to use necessary portions of the aforesaid right-
of-way in order to preserve and maintain the said entrance marker, and
31012
the Mayor and City Clerk are authorized to take such further actions as
may be necessary to fulfill the purposes of this resolution
#443-98 RESOLVED, that having considered the report and
recommendation of the Director of Public Works and the City Engineer,
dated May 1, 1998, approved for submission by the Mayor, with regard to
a request from the Wayne County Department of Public Services that the
City take jurisdiction and control of a section of 4" storm sewer as part of
the construction of a commercial development at 11939 Merriman Road,
the Council does hereby determine as follows.
1 To advise the Wayne County Department of Public Services
(Permit Section) that the City of Livonia has approved the storm
sewer site plans, and further that the City will accept jurisdiction
and maintenance (at no expense to the County) of approximately
70 I.f of 4" storm sewer within the Merriman Road right-of-way in
connection with the development of the aforementioned site
located on the west side of Merriman Road in the Southeast 1/4 of
Section 27 (See attached letter from The Behler-Young Company,
dated May 1, 1998, indicating its willingness to reimburse the City
for any such maintenance that may become necessary )
2 To authorize the City Engineer to execute a Wayne County permit
on behalf of the City of Livonia in connection with the above storm
sewer construction
#444-98 RESOLVED, that having considered the report and
recommendation of the Director of Public Works and the City Engineer,
dated May 20, 1998, approved for submission by the Mayor, with regard
to a request from the Wayne County Department of Public Services that
the City take jurisdiction and control of sections of 4" and 12" storm
sewers as part of the development of the industrial property located at
12103 Merriman Road, the Council does hereby determine as follows.
1 To advise the Wayne County Department of Public Services
(Permit Section) that the City of Livonia has approved the storm
sewer site plans, and further that the City will accept jurisdiction
and maintenance (at no expense to the County) of approximately
37 If of 4" storm sewer and 1211f of 12" storm sewer within the
Merriman Road right-of-way in connection with the development of
the aforementioned site located on the west side of Merriman Road
in the Southeast 1/4 of Section 27 (See attached letter from
Michael Cross Excavating, Inc., dated May 21, 1998, indicating its
willingness to reimburse the City for any such maintenance that
may become necessary )
31013
2 To authorize the City Engineer to execute a Wayne County permit
on behalf of the City of Livonia in connection with the above storm
sewer,construction
#445-98 RESOLVED, that having considered a communication from
the Director of Public Works and the City Engineer, dated May 19, 1998,
which bears the signature of the Director of Finance and is approved for
submission by the Mayor, the Council does hereby appropriate and
authorize the expenditure of the additional sum of$13,029 91 from the
General Obligation Road Bond Issues for additional services provided by
Hubbell, Roth and Clark in connection with its existing contract with the
City for design services for the Wayne County road resurfacing projects
on Middlebelt Road between Joy and Plymouth Roads and between the I-
96 Expressway and Five Mile Road with the provision that the amount of
$7,291 40 shall be reimbursed from that portion of the project which is to
be financed by special assessment at such time as funds are available
from the payment of assessments by affected property owners in the
Kingston Terrace Condominium Special Assessment District.
#446-98 RESOLVED, that having considered a letter from the
Director of Public Works and the City Engineer, dated May 20, 1998,
approved for submission by the Mayor, wherein it is requested that
Council Resolution 344-98 be amended to increase the total of the
assessment roll for the Old Rosedale Gardens street improvement, the
Council does hereby amend and revise Council Resolution 344-98 so as
to have the same read as follows*
WHEREAS, pursuant to due and proper notice
published and mailed to all property owners in Special Assessment
District No 398 for a proposed improvement consisting of
removing the existing asphalt curb sections, installing two foot (2')
wide asphalt curbs and gutters and resurfacing the pavement with
1-1/2" of asphalt (Modified Alternate III - Option 3), thus retaining
the current total width of 19-1/2 feet on Hubbard Road, Cranston,
Blackburn, Ingram, Berwick, Auburndale, Melrose and Arden
Avenues between Plymouth Road and West Chicago, as well as
Elmira and Orangelawn Avenues between Hubbard and Merriman
Roads, in the Old Rosedale Gardens Subdivision in the Northeast
1/4 of Section 34, T 1 S , R. 9 E , City of Livonia, Wayne County,
Michigan, as required by the provisions of the City Charter and
Title 3, Chapter 8 of the Livonia Code of Ordinances, as amended,
a public hearing thereafter having been held thereon on
Wednesday, April 1, 1998, at the City Hall, 33000 Civic Center
Drive, Livonia, Michigan, and the City Council having duly met and
reviewed the special assessments levied on the special
assessment roll as prepared by the City Assessor to cover the
district portion of the cost of a street improvement to be
constructed in Special Assessment District No 398, and
31014
WHEREAS, the City Council has heard and carefully considered
all objections made to said assessments,
NOW, THEREFORE, BE IT RESOLVED, THAT
(1) The City Council does hereby determine that the
assessments set forth in said Special Assessment Roll
dated February 4, 1998, in the amount of$897,254.39, are
fair and equitable and based upon benefits to be derived by
construction of improvements proposed in said district in
accordance with the plans of the City Engineer and
resolutions of the City Council,
(2) Said Special Assessment Roll No 398 is hereby approved
and confirmed in all respects,
(3) The amount of said roll shall be divided into fifteen (15)
equal annual installments with interest at the rate of six (6%)
percent per annum on the unpaid balance of the
assessment from December 1, 1998 Said interest shall be
payable on each installment due date, provided, however,
that after the issuance of bonds in anticipation of the
collection of the unpaid assessments on the said special
assessment roll, said rate of interest shall be not more than
1% above the average rate of interest borne by said bonds.
In such cases where the installments will be less than Ten
Dollars ($10 00), the number of installments shall be
reduced so that each installment shall be above and as near
Ten Dollars ($10 00) as possible The first installment shall
be due and payable December 1, 1999, and subsequent
installments on December 1st of succeeding years,
(4) Pursuant to the provisions of Section 3 08 130 of the Livonia
Code of Ordinances, as amended, the City Clerk shall
endorse the date of confirmation on the assessment roll,
and the said assessment roll shall then be immediately
transmitted to the City Treasurer who shall then publish
notice as is required by Section 3 08 190 of the Livonia
Code of Ordinances, as amended, and mail assessment
statements to the respective property owners assessed in
the manner and substance as provided by said Section
3 08 190 Any property owner assessed may pay the whole
or any part of the assessment without interest or penalty up
to December 1, 1998,
ihro (5) The first installment shall be spread upon the 1999 City tax
roll in the manner required by Section 3 08 210 of the
31015
Livonia Code of Ordinances, as amended, together with
interest upon all unpaid installments from December 1,
1998, and thereafter one (1) installment shall be spread
upon each annual tax roll together with one (1) year's
interest upon all unpaid installments, provided, however,
that when any annual installment shall have been prepaid in
the manner provided in Title 3, Chapter 8 of the Livonia
Code of Ordinances, as amended, either within the sixty
(60) day period as provided by Section 3 08 200, or after the
expiration of the sixty (60) day period as provided by
Section 3 08 220 then there shall be spread upon the tax roll
for such year only the interest for all unpaid installments,
and
(6) The City Council does hereby determine to pay 15% of the
paving costs ($157,913 89), 100% of drainage costs
($46,000 00) for a total amount of $203,913 89
#447-98 RESOLVED, that having considered a communication from
the City Planning Commission, dated May 11, 1998, to which is attached
a copy of its resolution 5-67-98 adopted on May 5, 1998, in connection
with Petition 98-4-7-1, wherein the Commission did amend Part VII of the
Master Plan of the City of Livonia, the Future Land Use Plan, so as to
change the designation of the proposed fire station site located on the
northeast corner of Bicentennial Drive and Seven Mile Road in the
Southwest 1/4 of Section 4 from Recreation-Open Space to Community
Service, the Council does hereby certify and acknowledge receipt of
same, and the City Clerk is hereby requested to have the same recorded
in the Office of the Register of Deeds and to do all other things necessary
or incidental to fulfill the purpose of this resolution.
#448-98 RESOLVED, that having considered a communication from
the City Planning Commission, dated May 11, 1998, which transmits its
resolution 5-72-98 adopted on May 5, 1998, with regard to Petition 98-4-
8-13 submitted by the City of Livonia, requesting site plan approval in
connection with a proposal to construct a fire station on property located
at 34850 Seven Mile Road in the Southwest 1/4 of Section 4, 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 98-4-8-13 is hereby approved and
granted, subject to the following conditions
1 That the Sign Plan marked Sheet C-1, dated May 11, 1998,
prepared by Coquillard/Dundon/Peterson and Argenta, is hereby
approved and shall be adhered to,
2 That the Landscape Plan marked Sheet SD-1, prepared by
Coquillard/Dundon/Peterson and Argenta, as received by the
31016
Planning Commission on April 20, 1998, is hereby approved and
3 shall be adhered to,
That the Elevation Plans marked Sheets A-1 and A-5, prepared by
Coquillard/Dundon/Peterson and Argenta, as received by the
Planning Commission on April 20, 1998, are hereby approved and
shall be adhered to, and
4 That the petitioner shall meet to the satisfaction of the Engineering
Division the following requirement as outlined in the
correspondence dated April 28, 1998. That the sidewalk
connecting the new sidewalk and Bicentennial Drive shall be
eliminated
#449-98 RESOLVED, that having considered the report and
recommendation of the City Engineer, dated May 28, 1998, which bears
the signature of the Director of Finance, is approved by the Director of
Public Works, is approved as to the form by the City Attorney, and is
approved for submission by the Mayor, to which is attached a proposed
agreement between the City of Livonia, the Michigan Department of
Transportation, and Wayne County for the improvement of Seven Mile
Road from Newburgh Road to Farmington Road, together with sidewalk
construction, and having considered a communication from the
Department of Law, dated June 3, 1998, to which is attached a proposed
agreement between the City of Livonia and Wayne County regarding the
rights and obligations of the City and the County in connection with this
project and the costs thereof, the Council does hereby authorize the
Mayor and City Clerk, for and on behalf of the City of Livonia, to execute
these agreements in the manner and form herein submitted, FURTHER,
the Council does hereby appropriate and authorize the expenditure of the
sum of$3,370,495 00 from the $12 Million General Obligation Road Bond
Issue for the City's estimated share of this project, with the anticipation of
a refund of approximately $2,555,151 00 when Federal funding is
approved for the project, and with the provision that the bond issue be
reimbursed from the sidewalk portion of the project which is to be
financed by special or single lot assessment at such time as funds are
received from the payment of bills by affected property owners, and the
City Clerk is hereby requested to forward a certified copy of this
resolution, together with the signed agreements, to the Wayne County
Department of Public Services, Division of Engineering
#450-98 RESOLVED, that having considered a letter from the
Michigan Liquor Control Commission, dated April 8, 1998, and a report
and recommendation from the Chief of Police, dated May 28, 1998,
approved for submission by the Mayor, the Council does hereby approve
of the request from Kreative Ventures, Inc. for transfer of ownership of a
1997 Class C licensed business (without Dance Permit) from De Palma,
Inc. for a business located at 31735 Plymouth Road, Livonia, Michigan,
31017
Wayne County; and the City Clerk is hereby requested to forward a
certified copy of this resolution to the Michigan Liquor Control
Commission
#451-98 RESOLVED, that having considered a request from Laura
Zane and Anne Drum, the Council does hereby refer the subject of the
installation of two additional stop signs at Western Golf Drive/Western
Golf Court in the Western Golf Estates Subdivision to the Traffic
Commission for its report and recommendation
#452-98 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 XXII! of Ordinance 543, as amended, the Zoning Ordinance of the
City of Livonia, the Council does hereby determine that a public hearing
will take place before the City Council of the City of Livonia on
Wednesday, July 22, 1998, at 6 45 p m at the City Hall, 33000 Civic
Center Drive, Livonia, Michigan, with respect to the following item.
Petition 98-4-1-7, submitted by Jonna Realty Enterprises for a
change of zoning of property located on the west side of 1-275
between Seven and Eight Mile Roads in the Southwest 1/4 of
Section 6, from PO II to C-2 and C-4, the City Planning
Commission in its resolution 5-77-98 having recommended to the
City Council that Petition 98-4-1-7 be denied,
FURTHER, the City Clerk is hereby requested to, no less than fifteen (15)
days prior to the aforesaid date of said public hearing, cause to have a
statement indicating the (a) nature of the proposed amendment to the
Zoning Ordinance, and/or (b) location of the proposed change of zoning
as set forth above, first to be published in the official newspaper of the
City or a newspaper of general circulation in the City of Livonia as well as
to, not less than fifteen (15) days prior to said public hearing, cause to
have notice to be given by certified mail to each public utility company
and to each railroad company owning or operating any public utility or
railroad within the districts or zones affected; and FURTHER, the City
Clerk is requested to do all other things necessary or incidental to the full
performance of this resolution
#453-98 RESOLVED, that having considered a communication from
John B Carlin, Jr , of Plunkett & Cooney, dated May 6, 1998, on behalf of
Champps Americana, which in accordance with the provisions of Section
19 08 of Ordinance 543, as amended, the Zoning Ordinance, takes an
appeal from a determination made on May 5, 1998, by the City Planning
Commission in its resolution 5-70-98 with regard to a Sign Permit
Application submitted by Plunkett & Cooney on behalf of Champps
Americana requesting approval for signage for the restaurant located at
19470 Haggerty Road in the Southwest 1/4 of Section 6, the Council does
31018
hereby designate Monday, July 13, 1998, at 7 00 p m as the date and
time for conducting a public hearing with regard to this matter, such
hearing to beheld at the City Hall, 33000 Civic Center Drive, Livonia,
Michigan, and the City Clerk is hereby requested to do all things
necessary in order to give proper notice in writing, as well as by the
publication of a notice in the City's official newspaper of such hearing and
the date and place thereof, in compliance with the requirements set forth
in Ordinance 543, as amended, the Zoning Ordinance of the City of
Livonia.
A roll call vote was taken on the foregoing resolutions with the following result:
AYES Duggan, Laura, Brosnan, Walsh, Vandersloot, Pastor, and
Engebretson
NAYS None
On a motion by Brosnan, seconded by Laura, it was
#454-98 RESOLVED, that having considered a letter from Ronald
Vaagenes, Motor City Mold, Inc., dated May 20, 1998, wherein it is
indicated that Motor City Mold, Inc. intends to transfer facilities from
12339 Stark Road, Livonia, Michigan 48150 to Plymouth Township, and
which further indicates that Motor City Mold, Inc. desires to obtain a 1974
P.A. 198 exemption for the Plymouth Township facility, the Council does
hereby reject and deny this request since it is the determination of the
council that the transfer of facilities would have the effect of transferring
employment from one governmental unit in Michigan to another local
governmental unit in Michigan and for the further reason that the said
transfer would not be in the best interest of either the citizens of Livonia
or the people of the State of Michigan, and the City Clerk is hereby
requested to do all things necessary or incidental to the full performance
of this resolution
Ronald Vaagenes, C E 0 of Motor City Mold, Inc., stated they do not have enough
room to expand any further and they found a location in Plymouth Township They had
looked at buildings in Livonia, but it was not cost-effective to refurbish them
A roll call vote was taken on the foregoing resolution with the following result:
AYES Duggan, Laura, Brosnan, and Pastor
NAYS Walsh, Vandersloot, and Engebretson
The President declared the resolution adopted
31019
A communication from the Department of Law, dated May 15, 1998, re
the interpretation of Ordinance Section 16 24 130 - the installation of sidewalks on
major thoroughfares - was received and placed on file for the information of the
Council (CR 496-95)
A communication from the Engineering Division, dated April 28, 1998, re.
sidewalks on the south side of Seven Mile, from Canterbury Drive to Merriman Road,
was received and placed on file for the information of the Council (CR 496-95)
A communication from the Engineering Division, dated April 27, 1998, re.
sidewalks on Merriman Road, from Five Mile to Seven Mile Roads, was received and
placed on file for the information of the Council (CR 496-95 and CR 497-95)
A communication from Anne C Marolla, 18825 Yorkshire Drive, dated
April 26, 1998, re. Merriman Road sidewalks was received and placed on file for the
information of the Council (CR 496-95 and CR 497-95)
A communication from Gloria Lanell, 17441 Merriman Road, dated May
18, 1998, re opposing the installation of sidewalks on the west side of Merriman Road
from Bobrich to Six Mile Road was received and placed on file for the information of the
Council (CR 497-95)
A communication from Russell J and Katherine M Rheume, 32405
Seven Mile Road, dated May 18, 1998, re opposing sidewalks on Merriman and
Seven Mile Roads was received and placed on file for the information of the Council
(CR 496-95 and CR 497-95)
A communication from the Department of Law, dated June 8, 1998, re
use of rear portion of property located at 31405 Seven Mile Road (George's Livonia
31020
Gardens) for off-street parking was received and placed on file for the information of
the Council (CR 496-95)
On a motion by Laura, seconded by Duggan, it was
#455-98 RESOLVED, that having considered the report and
recommendation of the Streets, Roads, and Plats Committee, dated May
18, 1998, submitted pursuant to Council Resolution 496-95, regarding the
matter of the possibility and/or feasibility of the installation of sidewalks on
the west side of Merriman Road from Pickford north to Seven Mile Road,
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 Duggan, Brosnan, Walsh, Vandersloot, and Engebretson
NAYS Laura and Pastor
The President declared the resolution adopted.
On a motion by Laura, seconded by Duggan, it was.
#456-98 RESOLVED, that having considered the report and
recommendation of the Streets, Roads, and Plats Committee, dated May
18, 1998, submitted pursuant to Council Resolution 497-95, regarding the
matter of the possible installation of sidewalks along Merriman Road from
Bobrich to Six Mile Road, 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 Duggan, Brosnan, Walsh, Vandersloot, and Engebretson.
NAYS Laura and Pastor
The President declared the resolution adopted
On a motion by Laura, seconded by Brosnan, and unanimously adopted,
it was
#457-98 RESOLVED, that having considered the report and
recommendation of the Streets, Roads, and Plats Committee, dated May
18, 1998, submitted pursuant to Council Resolution 496-95, regarding the
matter of the possibility and/or feasibility of the installation of sidewalks on
the south side of Seven Mile Road between Canterbury and Merriman
31021
Road, the Council does hereby request that the Department of Law take
all steps necessary to acquire the right-of-way from the owners of the
properties at this location within the next 60 days
On a motion by Laura, seconded by Duggan, and unanimously adopted, it
was
#458-98 RESOLVED, that having considered the report and
recommendation of the Streets, Roads, and Plats Committee, dated May
18, 1998, submitted pursuant to Council Resolutions 496-95 and 497-95,
regarding the matter of the possibility and/or feasibility of the installation
of sidewalks on the west side of Merriman Road from Pickford north to
Seven Mile Road and along Merriman Road from Bobrich to Six Mile
Road, the Council does hereby request that the Police Department take
all steps necessary to increase enforcement actions with respect to
speeding violations on Merriman Road between Five Mile and Seven Mile
Roads
On a motion by Laura, seconded by Pastor, it was
#459-98 RESOLVED, that having considered the report and
recommendation of the Streets, Roads, and Plats Committee, dated May
18, 1998, submitted pursuant to Council Resolution 496-95, regarding the
installation of sidewalks on the south side of Seven Mile Road between
Canterbury and Merriman Road, specifically at the following locations.
Work to be Constructed
Parcel and Location or Footage Required
037-99-0001-000 350 sq. ft. of 6" sidewalk and
31445 Seven Mile Road 970 sq ft. of 4" sidewalk
037-99-0007-001 70 sq ft. of 6" sidewalk and
31525 Seven Mile Road 695 sq. ft. of 4" sidewalk
the Council does hereby require the respective owners of lots and
premises referred to above to construct and install sidewalks at such
premises, and the City Clerk is hereby requested to do all things
necessary to carry out the provisions of this resolution which is made
pursuant to Section 12.04 340 of Title 12, Chapter 04 of the Livonia Code
of Ordinances, as amended, FURTHER, said notice shall set forth that
the respective owners of lots and premises herein referred to shall
complete said sidewalks on or before June 1, 1999, after which date the
Engineering Division shall arrange for the construction of the said
sidewalks in accordance with Section 12 04 350 of the Livonia Code of
Ordinances, as amended.
31022
A roll call vote was taken on the foregoing resolution with the following result:
AYES Duggan, Laura, Brosnan, Walsh, Pastor, and Engebretson
NAYS Vandersloot.
The President declared the resolution adopted
On a motion by Pastor, seconded by Brosnan, and unanimously adopted,
it was
#460-98 RESOLVED, that the Council does hereby refer to the
Police Department the subject of increased enforcement of parking and
driving on the Merriman Road right-of-way adjacent to George's Livonia
Gardens for its report and recommendation.
On a motion by Pastor, seconded by Laura, it was
RESOLVED, that having considered the report and
recommendation of the Streets, Roads, and Plats Committee, dated May
18, 1998, submitted pursuant to Council Resolution 496-95, regarding the
f. matter of the possibility and/or feasibility of the installation of sidewalks on
the west side of Merriman Road from Pickford north to Seven Mile Road
and/or along Merriman Road from Bobrich to Six Mile Road, and before
determining to install sidewalks on the east and west side of Merriman
Road between Five Mile and Seven Mile Roads, the cost of which is to be
defrayed by special assessment, the City Engineer is hereby requested to
ascertain the assessed valuation of all property affected by the proposed
improvement, the number of parcels which show tax delinquencies, the
number of parcels owned by public authorities, the number of parcels
which are now vacant, and to prepare and cause to be prepared, plans
and specifications therefor and an estimate of 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, pursuant
to the provisions of Section 3 08 060 of the Livonia Code of Ordinances,
as amended
A roll call vote was taken on the foregoing resolution with the following result:
AYES Laura and Pastor
NAYS Duggan, Brosnan, Walsh, Vandersloot and Engebretson
The President declared the resolution denied
31023
On a motion by Pastor, seconded by Duggan, and unanimously adopted,
it was
#461-98 RESOLVED, that the Council does hereby refer to the
Inspection Department the subject of parking and plantings on the Seven
Mile Road right-of-way adjacent to Glenda's Market for its report and
recommendation
A communication from the Public Service Division, dated May 18, 1998,
re administrative response to CR 273-98 - the subject of establishing a "Tree City
USA" program in the City of Livonia -was received and placed on file for the
information of the Council (CR 951-97)
On a motion by Laura, seconded by Vandersloot, and unanimously
adopted, it was.
#462-98 RESOLVED, that having considered the report and
recommendation of the Streets, Roads, and Plats Committee, dated May
18, 1998, submitted pursuant to Council Resolution 951-97, and a
communication from Councilmember Val Vandersloot, dated October 25,
1997, regarding the subject of the City of Livonia becoming a "Tree City
USA", the Council does hereby refer the subject of the preparation of a
proposed ordinance amendment to implement such program to the
Department of Public Works and the Department of Law, the same to
thereafter be submitted to Council, FURTHER, the Council does hereby
direct that this subject matter shall remain in committee for further
consideration.
On a motion by Vandersloot, seconded by Brosnan, and unanimously
adopted, it was.
#463-98 RESOLVED, that having considered the report and
recommendation of the Finance, Insurance and Budget Committee, dated
May 19, 1998, the Council does hereby refer the subject of possible
methods to improve efficiencies of the Treasurer's Office to the
administration for a report and recommendation, the same to thereafter be
submitted to Council by June 30, 1998
C3
31024
The audit reports of the City of Livonia (Financial Report with Additional
Information dated Novern4er 30, 1997), the District Court Funds of District No 16 of the
City of Livonia (Financial Report with Additional Information dated November 30, 1997),
the Economic Development Corporation of the City of Livonia (Financial Report dated
- November 30, 1997) and the Federal Awards of the City of Livonia (Supplemental
Information dated November 30, 1997), were received and placed on file for the
information of the Council (CR 290-98)
A communication from the Department of Law, dated June 3, 1998, re
litigation matters was received and placed on file for the information of the Council
(CR 419-98)
On a motion by Laura, seconded by Brosnan, and unanimously adopted,
it was
#464-98 RESOLVED, that having considered the report and
recommendation of the Committee of the Whole, dated May 26, 1998, the
council does hereby refer the subject of whether the City's sidewalk
maintenance schedule is adequate to the Mayor for a report and
recommendation.
On a motion by Laura, seconded by Duggan, and unanimously adopted, it
was.
#465-98 RESOLVED, that having considered the report and
recommendation of the Committee of the Whole, dated May 26, 1998,
submitted pursuant to Council Resolution 206-98, and a letter from
Rodney A. Crider, President of the Livonia Chamber of Commerce, dated
March 6, 1998, requesting the appointment of a Livonia City Council
representative to serve on the Board of Directors of the Livonia Economic
Development Partnership, the Council does hereby designate John J
Walsh to serve as the Council representative on the Board of Directors of
the Livonia Economic Development Partnership on a continuing basis, or
until further order of this Council by Council resolution, FURTHER, the
Council does hereby designate Maureen Miller Brosnan as the alternate.
On a motion by Duggan, seconded by Brosnan, it was.
31025
RESOLVED, that having considered the report and
recommendation of the Committee of the Whole, dated May 26, 1998,
submitted pursuant to Council Resolution 236-98, and the report and
recommendation of the Housing Director, dated February 20, 1998, which
bears the signature of the Director of Finance and is approved for
submission by the Mayor, regarding a proposed rental adjustment for
Silver Village, the Council does hereby approve a rental adjustment for
Silver Village as follows.
A) Pre-December 1990 Residents - 42 Residents.
Adjusted Rent
Bedroom Size Current Rent Effective 7-1-98
One Bedroom $280 $285
Two Bedroom 315 320
B) Post-December 1990 Residents - 66 Residents:
One Bedroom $345 no adjustment - rent remains at $345
Two Bedroom $400 no adjustment - rent remains at $400
The above rents exclude gas and electric utility costs
A roll call vote was taken on the foregoing resolution with the following result:
AYES Duggan and Brosnan
NAYS Laura, Walsh, Vandersloot, Pastor, and Engebretson.
The President declared the resolution denied
Bob Ryan, 33704 Lyndon -thanked the Council for offering the aforementioned
resolution.
On a motion by Laura, seconded by Vandersloot, it was.
#466-98 RESOLVED, that having considered the report and
recommendation of the Committee of the Whole, dated May 26, 1998,
submitted pursuant to Council Resolution 236-98, and the report and
recommendation of the Housing Director, dated February 20, 1998, which
bears the signature of the Director of Finance and is approved for
submission by the Mayor, and which indicates that the Housing
Commission has recommended a rental adjustment for Silver Village as
follows
31026
A) Pre-December 1990 Residents - 42 Residents.
Adjusted Rent
Bedroom Size Current Rent Effective 7-1-98
One Bedroom $280 $285
Two Bedroom 315 320
B) Post-December 1990 Residents - 66 Residents:
One Bedroom $345 $350
Two Bedroom 400 405
The above rents exclude gas and electric utility costs
the Council does hereby concur in and approve of the recommended
action.
A roll call vote was taken on the foregoing resolution with the following result:
AYES Laura, Walsh, Vandersloot, Pastor, and Engebretson
NAYS Duggan and Brosnan.
The President declared the resolution adopted
A communication from the Inspection Department, dated June 9, 1998,
addressed to the Zoning Board of Appeals re Appeal Case #9806-80 - the request for
signage by Walgreens (29200 Six Mile Road), was received and placed on file for the
information of the Council
The resolution adopted by the Zoning Board of Appeals at its Special
Meeting held June 9, 1998, re Appeal Case #9806-80 - signage for Walgreens Drug
Store located at 29200 Six Mile Road, was received and placed on file for the
information of the Council
On a motion by Laura, seconded by Vendersloot, it was
#467-98 RESOLVED, that having considered the report and
recommendation of the Committee of the Whole, dated May 26, 1998,
submitted pursuant to Council Resolution 339-98, and a communication
from the City Planning Commission, dated April 1, 1998, which transmits
its resolution 3-49-98 adopted on March 31, 1998, with regard to a Sign
31027
Permit Application, submitted by Doyle Signs on behalf of Walgreens
Drug Store, requesting approval for signage for the store located at 29200
Six Mile Road in the Southwest 1/4 of Section 12, the Council does
hereby concur in the recommendation of the Planning Commission and
approve the said Sign Permit Application subject to the following
conditions:
1 That the Sign Package submitted by Doyle Signs, as received by
the Planning Commission on March 19, 1998, is hereby approved
and shall be adhered to, except for the fact that no changeable
copy panels shall be permitted on the ground sign and the graphics
on the ground sign shall read only "Walgreens",
2 That all the signage shall not be illuminated beyond one (1) hour
after this business closes, or midnight, whichever is earlier; and
3 That the mortar and pestle design shall not be painted and shall be
subject to approval by the Zoning Board of Appeals.
A roll call vote was taken on the foregoing resolution with the following result:
AYES Duggan, Laura, Brosnan, Vandersloot, Pastor, and Engebretson.
NAYS Walsh
The President declared the resolution adopted
On a motion by Brosnan, seconded by Walsh, it was
#468-98 RESOLVED, that having considered the report and
recommendation of the Committee of the Whole, dated May 26, 1998,
submitted pursuant to Council Resolution 338-98, and a communication
from the City Planning Commission, dated March 26, 1998, which
transmits its resolution 3-42-98, adopted on March 24, 1998, with regard
to a Sign Permit Application, submitted by Allied Signs, Inc., on behalf of
Kmart, requesting approval to erect a sign for the store located at 30255
Plymouth Road in the Northeast 1/4 of Section 35, the Council does
hereby concur in the recommendation of the Planning Commission and
approve the said Sign Permit Application, subject to the following
conditions
1 That the Sign Package submitted by Allied Signs, Inc. as received
by the Planning Commission on March 10, 1998, is hereby
2 approved and shall be adhered to,
That all the signage shall not be illuminated beyond 1030 p m.,
3 That the existing pylon sign is to be removed, and
31028
4 That the new ground sign shall be located at the east entrance of
the site
A roll call vote was taken on the foregoing resolution with the following result:
AYES Duggan, Brosnan, Walsh, and Vandersloot.
NAYS Laura, Pastor and Engebretson
The President declared the resolution adopted
Brosnan gave first reading to the following Ordinance
AN ORDINANCE AMENDING SECTION 5-1805 OF TITLE 5,
CHAPTER 18 (THE METROVISION OF LIVONIA, INC CABLE
TELEVISION FRANCHISE ORDINANCE) OF THE LIVONIA
CODE OF ORDINANCES, AS AMENDED
The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in the
Office of the City Clerk, and is the same as if word for word repeated herein
Brosnan invoked the Emergency Clause and gave second reading to the
foregoing Ordinance and a roll call vote was taken thereon with the following result:
AYES Duggan, Laura, Brosnan, Walsh, Vandersloot, Pastor, and
Engebretson.
NAYS None
The President declared the foregoing Ordinance duly adopted, and would become
effective on publication.
On a motion by Laura, seconded by Brosnan, and unanimously adopted,
it was
#469-98 RESOLVED, that having considered the report and
recommendation of the Department of Law, dated May 18, 1998,
approved for submission by the Mayor, with respect to a proposed
amendment to Section 5-1805 of Title 5, Chapter 18 (The MetroVision of
Livonia, Inc. Cable Television Franchise Ordinance) of the Livonia Code
of Ordinances, as amended, to extend the term of the existing cable
television franchise, the Council does hereby refer this matter to the
Committee of the Whole for tracking purposes
31029
On a motion by Duggan, seconded by Brosnan, and unanimously
adopted, it was
#470-98 RESOLVED, that having considered the report and
recommendation of the Department of Law, dated May 18, 1998,
approved for submission by the Mayor, regarding a proposed extension of
the term of the existing cable television franchise, the Council does
hereby authorize the Mayor and City Clerk, for and on behalf of the City of
Livonia, to execute an agreement to be prepared and approved as to form
by the Department of Law between the City of Livonia and Time Warner
Cable extending the term and all existing provisions of the current
franchise to February 1, 1999
Brosnan took from the table, for second reading and adoption, the
following Ordinance
AN ORDINANCE AMENDING SUBSECTION (a) OF SECTION
18 47 OF ARTICLE XVIII OF ORDINANCE NO 543, AS
AMENDED, KNOWN AND CITED AS "THE CITY OF LIVONIA
ZONING ORDINANCE" (Petition 98-1-6-1)
A roll call vote was taken on the foregoing Ordinance with the following result:
AYES Duggan, Laura, Brosnan, Walsh, Vendersloof, Pastor, and
Engebretson
NAYS None
The President declared the foregoing Ordinance duly adopted, and would become
effective on publication
Vandersloot took from the table, for second reading and adoption, the
following Ordinance
AN ORDINANCE VACATING PORTIONS OF STREET,
ALLEY AND PUBLIC GROUND (Petition 98-2-3-1)
A roll call vote was taken on the foregoing Ordinance with the following result:
AYES Duggan, Laura, Brosnan, Walsh, Vandersloot, Pastor, and
Engebretson
NAYS None
31030
The President declared the foregoing Ordinance duly adopted, and would become
effective on publication.
Duggan took from the table, for second reading and adoption, the
following Ordinance
AN ORDINANCE ADDING SECTIONS 085 AND 095 OF
TITLE 10, CHAPTER 18 (CERTIFICATES AND LICENSES)
OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED
A roll call vote was taken on the foregoing Ordinance with the following result:
AYES Duggan, Laura, Brosnan, Walsh, Vandersloot, Pastor, and
Engebretson
NAYS None
The President declared the foregoing Ordinance duly adopted, and would become
effective on publication
On a motion by Laura, seconded by Vandersloot, it was
RESOLVED, that having considered a Communication from
the City Planning Commission, dated April 27, 1998, which transmits its
resolution 4-59-98 adopted on April 21, 1998, requesting approval of the
Entrance Marker Application and Landscape Plan in connection with
Petition 98-2-8-5, submitted by the Parz Group, Inc., in connection with
the Parkview Condominium Development on property located at 37931
Plymouth Road in the Southwest 1/4 of Section 30, the Council does
hereby concur in the recommendation of the Planning Commission, and
the Entrance Marker Application and Landscape Plan in connection with
Petition 98-2-8-5 is hereby approved and granted, subject to the following
conditions.
1) That the Landscape Plan prepared by Calvin Hall & Associates, as
received by the Planning Commission on March 24, 1998, is
hereby approved and shall be adhered to,
2) That all disturbed lawn areas shall be sodded in lieu of
hydroseeding,
3) That underground sprinklers are to be provided for all landscaped
and sodded areas and all planted materials shall be installed to the
31031
satisfaction of the Inspection Department and thereafter
permanently maintained in a healthy condition,
4) That the decorative picket fencing as shown on the approved plan
shall not exceed three (3') feet in height;
5) That the entrance marker shown on the approved Landscape Plan
is not approved,
6) That the entrance marker as received by the Planning Commission
on March 31, 1998, is hereby approved and shall be adhered to,
except for the fact that the support post of the Sian shall be
constructed out of brick; and
7) That the brick used in the construction of the entrance marker shall
be full-face four (4") inch brick, no exceptions.
The petitioner, Ronald Parz, 31153 Plymouth Road, asked the Council to table this
matter He stated the ground water level has changed on this site, and he will have to
re-grade the site and possibly make some changes to his proposal
Councilmembers Laura and Vandersloot withdrew their motion on the foregoing
resolution
At the direction of the Chair, this matter was postponed until the Regular Meeting of
July 6, 1998
A communication from the Public Service Division, dated June 2, 1998,
re additional information on the request to purchase one (1) cab and chassis with 10-
12 yard dump body for the Water and Sewer Maintenance Section was received and
placed on file for the information of the Council
On a motion by Vandersloot, seconded by Laura, and unanimously
adopted, it was
#471-98 RESOLVED, that having considered a communication from
the Water and Sewer Board, dated May 13, 1998, which bears the
signature of the Director of Finance and approved for submission by the
Mayor, and which transmits its resolution WS 3231 5/98, the Council does
hereby accept the bid of Wink Chevrolet Company, 10700 Ford Road,
Dearborn, Michigan 48126, for supplying the Public Service Division
(Water and Sewer Maintenance Section) with one (1) cab and chassis
with 10-12 yard dump body for a net price of$71,832.00, based on a total
31032
price of $78,332 00 less trade-in of $6,500 00, the same having been in
fact the lowest bid received and meets all specifications
A communication from the Department of Finance, dated June 2, 1998,
re additional information on the request to approve the Administration Services
Contract renewal with Blue Cross/Blue Shield of Michigan was received and placed on
file for the information of the Council
On a motion by Brosnan, seconded by Vandersloot, and unanimously
adopted, it was:
#472-98 RESOLVED, that having considered the report and
recommendation of the Director of Finance, dated May 18, 1998,
approved for submission by the Mayor, to which is attached a proposed
Administrative Services Contract Renewal Agreement with Blue Cross
and Blue Shield of Michigan for a one-year renewal term for the period
June 1, 1998, through May 31, 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, FURTHER, the Council does hereby
authorize the said item without competitive bidding in accordance with
Section 3 04 140D2 of the Livonia Code of Ordinances, as amended
On a motion by Duggan, seconded by Brosnan, it was
#473-98 RESOLVED, that having considered 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, requesting approval to
erect signage on property located at 14925 Middlebelt Road (Westborn
Market) in the Northeast 1/4 of Section 23, the Council does hereby
concur in part in the recommendation of the Planning Commission and
approve the said Sign Permit Application, 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 wall signs only and shall be
adhered to,
2 That all signage for this store shall not be illuminated beyond one
hour after closing;
31033
3 That window signage for this store shall be limited to 20% of all the
glass area as permitted by Section 18 50(g) of Zoning Ordinance
543, and
4 That any additional signage shall come back before the Planning
Commission and City Council for their review and approval
A roll call vote was taken on the foregoing resolution with the following result:
AYES Duggan, Laura, Brosnan, Pastor, and Engebretson.
NAYS Walsh and Vandersloot.
The President declared the resolution adopted.
On a motion by Pastor, seconded by Laura, and unanimously adopted, it
was
#474-98 RESOLVED, that having considered 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, requesting approval to
erect signage on property located at 14925 Middlebelt Road (Westborn
Market) in the Northeast 1/4 of Section 23, the Council does hereby refer
the subject of the proposed monument sign to the Committee of the
Whole for its report and recommendation
The petitioner for Westborn Market, Mark Anusbigian, stated he believes the proposed
sign package is pleasing He also stated that the Zoning Board of Appeals approved
this request due to the setback on Middlebelt Road, the size of the parcel of land, and
the fact that it is approximately 40 sq ft. less than the allowable signage permitted
here
A communication from Tiseo Architects, Inc., dated June 8, 1998, re
name and address change of their company with respect to the Kings Row Shopping
Center renovation (Petition 98-4-8-12) was received and placed on file for the
information of the Council
A communication from the Planning Department, dated June 5, 1998, re.
irrigation for the Kings Row Shopping Center (Petition 98-4-8-12) was received and
placed on file for the information of the Council
31034
A communication from the Engineering Division, dated June 5, 1998, re
the existing parking lot grAcies at the Kings Row Shopping Center (Petition 98-4-8-12)
was received and placed on file for the information of the Council
A communication from E J Kleckner & Associates, Inc., dated June 4,
1998, re landscaping/irrigation for the Kings Row Shopping Center (Petition 98-4-8-
12) was received and placed on file for the information of the Council
On a motion by Brosnan, seconded by Walsh, and unanimously adopted,
it was
#475-98 RESOLVED, that having considered a communication from
the City Planning Commission, dated May 8, 1998, which transmits its
resolution 5-71-98 adopted on May 5, 1998, with regard to Petition 98-4-
8-12 submitted by Kings Row Centers, requesting site plan approval in
connection with a proposal to construct an addition to the shopping center
located at 16701-16729 Middlebelt Road in the Northeast 1/4 of Section
14, 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 98-4-8-12 is hereby approved
and granted, subject to the following conditions
1 That the Site, Landscape and Elevation Plan marked Sheet P1
prepared by Redstone Tiseo Architect, as received by the Planning
Commission on April 14, 1998, is hereby approved and shall be
adhered to,
2. That all disturbed lawn areas shall be sodded in lieu of
hydroseeding,
3 That underground sprinklers are to be provided for all landscaped
and sodded areas and all planted materials shall be installed to the
satisfaction of the Inspection Department and thereafter
permanently maintained in a healthy condition,
4 That the petitioner shall meet to the satisfaction of the Engineering
Division the following requirement as outlined in the
correspondence dated April 28, 1998 That the hazardous public
sidewalk located next to the eastern drive on Munger Avenue shall
be replaced as part of this project;
31035
5 That the petitioner shall meet to the satisfaction of the Department
of Public Safety the following requirements as outlined in the
correspondence dated May 1, 1998
• that the required handicap spaces shall be evenly dispersed
across the entire front (east) side of the building,
• that each handicap space shall have a symbol of
compliance,
• that each handicap space shall be at least 12 feet wide or 8
feet wide with a 5 foot adjacent access aisle,
• that handicap ramps shall be provided for each handicap
space to allow access to raised storefront walkway; and
6 Approval does not extend to signage ana the parking lot will be
completely restored to the satisfaction of the Inspection
Department and restriped as well
A communication from the Department of Law, dated June 9, 1998, re
brick requirement for the Woods of Sheffield Estates Site Condominiums (Petition 98-4-
8-14) was received and placed on file for the information of the Council
On a motion by Laura, seconded by Walsh, it was.
#476-98 RESOLVED, that having considered a communication from
the City Planning Commission, dated May 8, 1998, which transmits its
resolution 5-73-98 adopted on May 5, 1998, with regard to Petition 98-4-
8-14 submitted by Tri-West Development, requesting Master Deed,
bylaws and site plan approval in connection with a proposal to construct a
site condominium development on property located at 18150 Wayne
Road in the Northwest 1/4 of Section 9, pursuant to the provisions set
forth in Section 18 62 of Ordinance No 543, as amended, the Council
does hereby concur in the recommendation of the Planning Commission
and Petition 98-4-8-14 is hereby approved and granted, subject to the
following conditions
1 That the Site Plan prepared by Landmark Engineering Company,
as received by the Planning Commission on April 21, 1998, is
hereby approved and shall be adhered to, except for the fact that
the westerly side yard of"Unit 1" abutting Wayne Road shall be 30
feet as required in Section 4 04 of Zoning Ordinance #543,
31036
2 That the Master Deed complies with the requirements of the
Subdivision Control Ordinance, Title 16, Chapter 16 04 - 16 40 of
the Livonia Code of Ordinance, and Article XX of Ordinance #543,
Section 20 01 - 20 06 of the ordinance, except for the fact that the
following shall be incorporated.
• that the first floor of each condominium unit shall be brick on
all four sides, and the total amount of brick on each unit
shall not be less than 85%,
• that the City of Livonia shall be granted any utility
easements or rights of access to utility easements,
3 That the brick used in the construction of each condominium unit
shall be full-face four (4") inch brick, no exception,
4 That the petitioner shall meet to the satisfaction of the Enaineerinq
Division the following requirements as outlined in the
correspondence dated April 28, 1998 That the individual sanitary
sewer leads be eliminated and the developer shall extend the
sanitary sewer to the south side of the road to service the
individual lots,
5 That an entrance marker application and a fully detailed
Landscape Plan shall be submitted to the Planning Commission
and City Council for their review and approval, and
6 That the chimney construction be entirely of full-face four (4") inch
brick, no exceptions
A roll call vote was taken on the foregoing resolution with the following result:
AYES Laura, Walsh, Vandersloot, and Engebretson
NAYS Duggan, Brosnan, and Pastor
The President declared the resolution adopted
On a motion by Duggan, seconded by Brosnan, it was
WHEREAS, pursuant to due and proper notice published
and mailed to all property owners in Special Assessment District No 399
for a proposed road improvement consisting of the placement of three
inch (3") thick asphalt surface on eight (8") inch aggregate base with
concrete curbs and gutters or thickened edge sidewalk and improved
storm drain (Alternate II Modified) in the parking area in front of the
Kingston Terrace Condominiums located on the west side of Middlebelt
Road between Orangelawn and Robert Drive in the Northeast 1/4 of
31037
Section 35, in the City of Livonia, Wayne County, Michigan, as required
by the provisions of the City Charter and Title 3, Chapter 8 of the Livonia
Code of Ordinances, as amended, a public hearing thereafter having
been held thereon on Wednesday, May 13, 1998, at 7 00 p m at the City
Hall, 33000 Civic Center Drive, Livonia, Michigan, and the City Council
having duly met and reviewed the special assessments levied on the
special assessment roll as prepared by the City Assessor to cover the
district portion of the cost of a street improvement to be constructed in
Special Assessment District No 399, and
WHEREAS, the City Council has heard and carefully considered all
objections made to said assessments,
NOW, THEREFORE, BE IT RESOLVED, THAT
(1) The City Council does hereby determine that the assessments set
forth in the revised Special Assessment Roll, dated June 1, 1998,
in the amount of $82,770 00, are fair and equitable and based
upon benefits to be derived by construction of improvements
proposed in said district in accordance with the plans of the City
Engineer and resolutions of the City Council,
(2) Said Special Assessment Roll No 399, as revised on June 1,
1998, is hereby approved and confirmed in all respects,
(3) The amount of said roll shall be divided into fifteen (15) equal
annual installments with interest at the rate of six (6%) percent per
annum on the unpaid balance of the assessment from December 1,
1998 Said interest shall be payable on each installment due date,
provided, however, that after the issuance of bonds in anticipation
of the collection of the unpaid assessments on the said special
assessment roll, said rate of interest shall be not more than 1%
above the average rate of interest borne by said bonds In such
cases where the installments will be less than Ten Dollars
($10 00), the number of installments shall be reduced so that each
installment shall be above and as near Ten Dollars ($10 00) as
possible The first installment shall be due and payable December
1, 1999 and subsequent installments on December 1st of
succeeding years,
(4) Pursuant to the provisions of Section 3 08 130 of the Livonia Code
of Ordinances, as amended, the City Clerk shall endorse the date
of confirmation on the assessment roll, and the said assessment
roll shall then be immediately transmitted to the City Treasurer who
shall then publish notice as is required by Section 3 08 190 of the
Livonia Code of Ordinances, as amended, and mail assessment
statements to the respective property owners assessed in the
manner and substance as provided by said Section 3 08 190 Any
31038
property owner assessed may pay the whole or any part of the
assessment without interest or penalty up to December 1, 1998;
(5) The first installment shall be spread upon the 1999 City tax roll in
the manner required by Section 3 08 210 of the Livonia Code of
Ordinances, as amended, together with interest upon all unpaid
installments from December 1, 1998 and thereafter one (1)
installment shall be spread upon each annual tax roll together with
one (1) year's interest upon all unpaid installments, provided,
however, that when any annual installment shall have been
prepaid in the manner provided in Title 3, Chapter 8 of the Livonia
Code of Ordinances, as amended, either within the sixty (60) day
period as provided by Section 3 08 200, or after the expiration of
the sixty (60) day period as provided by Section 3 08 220 then
there shall be spread upon the tax roll for such year only the
interest for all unpaid installments, and
(6) That the City Council having determined to pay no portion of the
cost of said improvement within the said district, the City's share of
the cost of said improvement shall be in the sum of zero dollars
($00 00)
A roll call vote was taken on the foregoing resolution with the following result:
AYES Duggan, Brosnan, and Pastor
NAYS Laura, Walsh, Vandersloot and Engebretson
The President declared the resolution denied
Michael Pavlichek, 9819 Middlebelt - stated he thought the City should pay for the
drainage costs, since this improvement is on a public right-of-way and the homeowners
cannot prevent people from parking there
A communication from Marian S Richards, President of the Board of
Directors of Kingston Terrace Condominium Association, dated June 5, 1998, re
landscaping for the right-of-way adjacent to Middlebelt Road was received and placed
on file for the information of the Council
On a motion by Laura, seconded by Vandersloot, it was
WHEREAS, pursuant to due and proper notice published
and mailed to all property owners in Special Assessment District No 399
for a proposed road improvement consisting of the placement of three
inch (3") thick asphalt surface on eight (8") inch aggregate base with
31039
concrete curbs and gutters or thickened edge sidewalk and improved
storm drain (Alternate II Modified) in the parking area in front of the
Kingston Tercace Condominiums located on the west side of Middlebelt
Road between Orangelawn and Robert Drive in the Northeast 1/4 of
Section 35, in the City of Livonia, Wayne County, Michigan, as required
by the provisions of the City Charter and Title 3, Chapter 8 of the Livonia
Code of Ordinances, as amended, a public hearing thereafter having
been held thereon on Wednesday, May 13, 1998, at 7 00 p m at the City
Hall, 33000 Civic Center Drive, Livonia, Michigan, and the City Council
having duly met and reviewed the special assessments levied on the
special assessment roll as prepared by the City Assessor to cover the
district portion of the cost of a street improvement to be constructed in
Special Assessment District No 399; and
WHEREAS, the City Council has heard and carefully considered all
objections made to said assessments,
NOW, THEREFORE, BE IT RESOLVED, THAT
(1) The City Council does hereby determine that the assessments set
forth in said Special Assessment Roll dated March 19, 1998, in the
amount of $65,520 00, are fair and equitable and based upon
benefits to be derived by construction of improvements proposed in
said district in accordance with the plans of the City Engineer and
resolutions of the City Council,
(2) Said Special Assessment Roll No 399 is hereby approved and
confirmed in all respects,
(3) The amount of said roll shall be divided into fifteen (15) equal
annual installments with interest at the rate of six (6%) percent per
annum on the unpaid balance of the assessment from December 1,
1998 Said interest shall be payable on each installment due date,
provided, however, that after the issuance of bonds in anticipation
of the collection of the unpaid assessments on the said special
assessment roll, said rate of interest shall be not more than 1%
above the average rate of interest borne by said bonds In such
cases where the installments will be less than Ten Dollars
($10 00), the number of installments shall be reduced so that each
installment shall be above and as near Ten Dollars ($10 00) as
possible The first installment shall be due and payable December
1, 1999 and subsequent installments on December 1st of
succeeding years,
(4) Pursuant to the provisions of Section 3 08 130 of the Livonia Code
of Ordinances, as amended, the City Clerk shall endorse the date
of confirmation on the assessment roll, and the said assessment
roll shall then be immediately transmitted to the City Treasurer who
31040
shall then publish notice as is required by Section 3 08 190 of the
Livonia Code of Ordinances, as amended, and mail assessment
statements to the respective property owners assessed in the
manner and substance as provided by said Section 3 08 190 Any
property owner assessed may pay the whole or any part of the
assessment without interest or penalty up to December 1, 1998,
(5) The first installment shall be spread upon the 1999 City tax roll in
the manner required by Section 3 08 210 of the Livonia Code of
Ordinances, as amended, together with interest upon all unpaid
installments from December 1, 1998 and thereafter one (1)
installment shall be spread upon each annual tax roll together with
one (1) year's interest upon all unpaid installments, provided,
however, that when any annual installment shall have been
prepaid in the manner provided in Title 3, Chapter 8 of the Livonia
Code of Ordinances, as amended, either within the sixty (60) day
period as provided by Section 3 08 200, or after the expiration of
the sixty (60) day period as provided by Section 3 08 220 then
there shall be spread upon the tax roll for such year only the
interest for all unpaid installments, and
(6) The City Council does hereby determine to pay 100% of drainage
costs for a total amount of$17,250 00
On a motion by Pastor, seconded by Duggan, it was
RESOLVED, that the Council does hereby determine to
substitute a resolution in lieu of the foregoing resolution which would
include a change to convert the entire parking lot area to sod.
A roll call vote was taken on the motion to substitute with the following result:
AYES Duggan and Pastor
NAYS Laura, Brosnan, Walsh, Vandersloot, and Engebretson
The President declared the motion to substitute denied
A roll call vote was then taken on the foregoing resolution, as follows
#477-98 WHEREAS, pursuant to due and proper notice published
and mailed to all property owners in Special Assessment District No 399
for a proposed road improvement consisting of the placement of three
inch (3") thick asphalt surface on eight (8") inch aggregate base with
concrete curbs and gutters or thickened edge sidewalk and improved
storm drain (Alternate II Modified) in the parking area in front of the
Kingston Terrace Condominiums located on the west side of Middlebelt
Road between Orangelawn and Robert Drive in the Northeast 1/4 of
31041
Section 35, in the City of Livonia, Wayne County, Michigan, as required
by the provisions of the City Charter and Title 3, Chapter 8 of the Livonia
Code of Ordinances, as amended, a public hearing thereafter having
been held thereon on Wednesday, May 13, 1998, at 7 00 p m at the City
Hall, 33000 Civic Center Drive, Livonia, Michigan, and the City Council
having duly met and reviewed the special assessments levied on the
special assessment roll as prepared by the City Assessor to cover the
district portion of the cost of a street improvement to be constructed in
Special Assessment District No 399; and
WHEREAS, the City Council has heard and carefully considered all
objections made to said assessments,
NOW, THEREFORE, BE IT RESOLVED, THAT
(1) The City Council does hereby determine that the assessments set
forth in said Special Assessment Roll dated March 19, 1998, in the
amount of $65,520 00, are fair and equitable and based upon
benefits to be derived by construction of improvements proposed in
said district in accordance with the plans of the City Engineer and
resolutions of the City Council,
(2) Said Special Assessment Roll No 399 is hereby approved and
confirmed in all respects,
(3) The amount of said roll shall be divided into fifteen (15) equal
annual installments with interest at the rate of six (6%) percent per
annum on the unpaid balance of the assessment from December 1,
1998 Said interest shall be payable on each installment due date,
provided, however, that after the issuance of bonds in anticipation
of the collection of the unpaid assessments on the said special
assessment roll, said rate of interest shall be not more than 1%
above the average rate of interest borne by said bonds In such
cases where the installments will be less than Ten Dollars
($10 00), the number of installments shall be reduced so that each
installment shall be above and as near Ten Dollars ($10 00) as
possible The first installment shall be due and payable December
1, 1999 and subsequent installments on December 1st of
succeeding years,
(4) Pursuant to the provisions of Section 3 08 130 of the Livonia Code
of Ordinances, as amended, the City Clerk shall endorse the date
of confirmation on the assessment roll, and the said assessment
roll shall then be immediately transmitted to the City Treasurer who
shall then publish notice as is required by Section 3 08 190 of the
to.
Livonia Code of Ordinances, as amended, and mail assessment
statements to the respective property owners assessed in the
manner and substance as provided by said Section 3 08 190 Any
31042
property owner assessed may pay the whole or any part of the
assessment without interest or penalty up to December 1, 1998,
(5) The fist installment shall be spread upon the 1999 City tax roll in
the manner required by Section 3 08 210 of the Livonia Code of
Ordinances, as amended, together with interest upon all unpaid
installments from December 1, 1998 and thereafter one (1)
installment shall be spread upon each annual tax roll together with
one (1) year's interest upon all unpaid installments; provided,
however, that when any annual installment shall have been
prepaid in the manner provided in Title 3, Chapter 8 of the Livonia
Code of Ordinances, as amended, either within the sixty (60) day
period as provided by Section 3 08 200, or after the expiration of
the sixty (60) day period as provided by Section 3 08 220 then
there shall be spread upon the tax roll for such year only the
interest for all unpaid installments; and
(6) The City Council does hereby determine to pay 100% of drainage
costs for a total amount of $17,250 00
with the following result:
AYES Laura, Brosnan, Walsh, Vandersloot, and Engebretson
NAYS Duggan and Pastor
The President declared the resolution adopted
A communication from the Engineering Division, dated June 10, 1998, re
increase in the paving portion of the bid, affecting the per foot assessment, for the
improvement of Ashurst Road, north of Five Mile Road, in the Southeast and Southwest
1/4 of Section 16, was received and placed on file for the information of the Council
On a motion by Brosnan, seconded by Duggan, it was
WHEREAS, pursuant to due and proper notice published
and mailed to all property owners in Special Assessment District No
for a proposed road improvement consisting of a 31 ft. wide
full-depth asphalt pavement (approximately 7-1/2" thick) with concrete
curbs and gutters (Alternate II) for Ashurst Road, north of Five Mile Road,
in the Southeast and Southwest 1/4 of Section 16, in the City of Livonia,
Wayne County, Michigan, as required by the provisions of the City
Charter and Title 3, Chapter 8 of the Livonia Code of Ordinances, as
amended, a public hearing thereafter having been held thereon on
Wednesday, May 13, 1998, at 7 00 p m at the City Hall, 33000 Civic
31043
Center Drive, Livonia, Michigan, and the City Council having duly met and
reviewed the special assessments levied on the special assessment roll
as prepared by the City Assessor to cover the district portion of the cost of
a street improvement to be constructed in Special Assessment District No
, and
WHEREAS, the City Council has heard and carefully considered all
objections made to said assessments,
NOW, THEREFORE, BE IT RESOLVED, THAT
(1) The City Council does hereby determine that the assessments set
forth in said Special Assessment Roll dated March 19, 1998, in the
amount of$90,645 30, are fair and equitable and based upon
benefits to be derived by construction of improvements proposed in
said district in accordance with the plans of the City Engineer and
resolutions of the City Council,
(2) Said Special Assessment Roll No is hereby approved and
confirmed in all respects,
(3) The amount of said roll shall be divided into fifteen (15) equal
annual installments with interest at the rate of six (6%) percent per
annum on the unpaid balance of the assessment from December 1,
1998 Said interest shall be payable on each installment due date,
provided, however, that after the issuance of bonds in anticipation
of the collection of the unpaid assessments on the said special
assessment roll, said rate of interest shall be not more than 1%
above the average rate of interest borne by said bonds In such
cases where the installments will be less than Ten Dollars
($10 00), the number of installments shall be reduced so that each
installment shall be above and as near Ten Dollars ($10 00) as
possible The first installment shall be due and payable December
1, 1999 and subsequent installments on December 1st of
succeeding years,
(4) Pursuant to the provisions of Section 3 08 130 of the Livonia Code
of Ordinances, as amended, the City Clerk shall endorse the date
of confirmation on the assessment roll, and the said assessment
roll shall then be immediately transmitted to the City Treasurer who
shall then publish notice as is required by Section 3 08 190 of the
Livonia Code of Ordinances, as amended, and mail assessment
statements to the respective property owners assessed in the
manner and substance as provided by said Section 3 08 190 Any
property owner assessed may pay the whole or any part of the
assessment without interest or penalty up to December 1, 1998;
31044
(5) The first installment shall be spread upon the 1999 City tax roll in
the manner required by Section 3 08 210 of the Livonia Code of
Ordinances, as amended, together with interest upon all unpaid
installments from December 1, 1998 and thereafter one (1)
installment shall be spread upon each annual tax roll together with
one (1) year's interest upon all unpaid installments, provided,
however, that when any annual installment shall have been
prepaid in the manner provided in Title 3, Chapter 8 of the Livonia
Code of Ordinances, as amended, either within the sixty (60) day
period as provided by Section 3 08 200, or after the expiration of
the sixty (60) day period as provided by Section 3 08 220 then
there shall be spread upon the tax roll for such year only the
interest for all unpaid installments, and
(6) The City Council does hereby determine to pay 15% of the paving
costs ($15,996 23), 100% of drainage costs ($46,000 00) for a total
amount of $61,996 23
Councilmembers Brosnan and Duggan withdrew their motion on the foregoing
resolution.
On a motion by Brosnan, seconded by Walsh, and unanimously adopted,
it was
#478-98 WHEREAS, pursuant to due and proper notice published
and mailed to all property owners in the proposed Special Assessment
District for a proposed road improvement consisting of the placement of a
31 ft. wide full-depth asphalt pavement (approximately 7-1/2" thick) with
concrete curbs and gutters (Alternate II) for Ashurst Road, north of Five
Mile Road, in the Southeast and Southwest 1/4 of Section 16, T 1 S , R.
9 E , City of Livonia, Wayne County, Michigan, as required by the
provisions of the City Charter and Title 3, Chapter 8 of the Livonia Code
of Ordinances, as amended, a public hearing thereafter having been held
thereon on Wednesday, May 13, 1998, at 7 00 p m at the City Hall,
33000 Civic Center Drive, Livonia, Michigan, and the City Council having
duly met and reviewed the special assessments levied on the special
assessment roll as prepared by the City Assessor to cover the district
portion of the cost of a street improvement to be constructed in this
proposed Special Assessment District; and having considered a
communication from the City Engineer, dated June 10, 1998, which bears
the signature of the Director of Public Works and is approved for
submission by the Mayor; and
WHEREAS, the City Council has heard and carefully considered all
objections made to said assessments,
NOW, THEREFORE, BE IT RESOLVED, THAT
31045
(1) The City Council does hereby determine to take no further action
with respect to the Special Assessment Roll dated March 19, 1998,
and does hereby direct that the City Assessor prepare a revised
special assessment roll including all lots and parcels of lands
within the above district designated by the Council and to assess to
each such lot or parcel of land such relative portions of the whole
sum to be levied against all lands in the special assessment direct
as the special benefits to such lots or parcels or land bear to the
total benefit of all land and also to enter upon such roll the amount
which has been assessed to the City at large, all in accordance
with the determination of the City Council, and
(2) That upon the completion of said revised roll, the City Assessor
shall attach thereto the certificate required by the provisions of
Section 3 08 100 of the Livonia Code of Ordinances, as amended,
of the City of Livonia, and file the same with the City Clerk who
thereupon is directed to present the same to the City Council prior
to the holding of the additional public hearing thereon required by
Section 3 08 270 of the said Code
On a motion by Brosnan, seconded by Laura, and unanimously adopted,
it was
#479-98 WHEREAS, pursuant to the direction of the City Council in
its resolution 156-98, adopted on February 25, 1998, and its resolution
478-98, adopted on June 10, 1998, and in accordance with Section
3 08 100 and Section 3 08 270 of the Livonia Code of Ordinances, as
amended, the City Assessor of the City of Livonia has prepared, reported
and certified to the Council under date of June 15, 1998, as assessment
roll dated June 15, 1998, for the proposed road improvement consisting of
a 31 ft. wide full-depth asphalt pavement (approximately 7-1/2" thick) with
concrete curbs and gutters (Alternate II) for Ashurst Road, north of Five
Mile Road, in the Southeast and Southwest 1/4 of Section 16, T 1 S , R.
9 E , City of Livonia, Wayne County, Michigan, containing the special
assessments to be assessed and levied, respectively, in the proposed
special assessment district heretofore established for the construction
and operation of the proposed improvement in said district as designated
in Council Resolution 156-98,
THEREFORE, BE IT RESOLVED, that the said roll is hereby accepted by
the City Council, that it is hereby ordered to be filed in the Office of the
City Clerk for public examination, that the City Clerk be and hereby is
directed to give notice as required by the provisions of Section 3 08 110
of the Livonia Code of Ordinances, as amended, to wit: that the
assessment roll has been made and filed in the Office of the City Clerk for
public examination and that the City Council of the City of Livonia will met
31046
in the City Hall, 33000 Civic Center Drive, Livonia, Michigan, on Monday,
July 13, 1998, at 6 00 p m to review the said special assessment roll, at
which time and place opportunity will be given to all interested persons to
be heard,
IT IS FURTHER RESOLVED, that the City Clerk be and hereby is
directed to publish a notice of said public hearing at least once in the
official newspaper of the City of Livonia which is published and circulated
generally in and throughout the said City, at least ten (10) days prior to
the aforesaid date of July 13, 1998, the City Clerk is also directed to give
notice of said hearing by sending written notice thereof by first class mail
to each and every property owner in the proposed assessment district as
their respective names and addresses appear on the most current
assessment roll in the City Assessor's Office
On a motion by Brosnan, seconded by Laura, it was
#480-98 WHEREAS, pursuant to Act No 198 of the Public Acts of
1974, as amended, this Council has the authority to establish industrial
development districts within the boundaries of the City of Livonia, and
WHEREAS, a proposal was made regarding the establishment of an
industrial development district encompassing land situated in the City of
Livonia and comprised of an area of 5 10 acres, more particularly
described in Exhibit A, attached hereto and incorporated by reference
herein, which area is hereinafter referred to as "City of Livonia Industrial
Development District No 69", and
WHEREAS, written notice has been given by certified mail to Concord
Properties, L.L.0 and Livonia Building Materials Co of the Council's
pending action on this resolution and of its right to a hearing on the
establishment of proposed City of Livonia Industrial Development District
No 69; and
WHEREAS, notice has been given to all interested owners, residents
and taxpayers in the Livonia area of a public hearing on the establishment
of the proposed City of Livonia Industrial Development District No 69;
and
WHEREAS, on Wednesday, May 27, 1998, a public hearing was held on
the establishment of proposed City of Livonia Industrial Development
District No 69, at which time Concord Properties, L.L.0 and Livonia
Building Materials Co and other taxpayers and residents of the City of
Livonia had an opportunity to be heard (a copy of the statements both
written and oral made at such hearing being on file with this City Council),
and a representative of Concord Properties, L.L.0 and Livonia Building
Materials Co attended said hearing and acknowledged receipt of notice
of such hearing on behalf of the said corporation,
31047
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
LIVONIA, AS FOLLOWS
1 An Industrial Development District is hereby established, such
district to consist of the area described in Exhibit A, attached
hereto
2. Such Industrial Development District is hereby designated as the
"City of Livonia Industrial Development District No 69 "
EXHIBIT A
Part of the Southeast 1/4 of Section 28, Town 1 South, Range 9
East, City of Livonia, Wayne County, Michigan, described as
beginning at a point distant South 88 degrees 20 minutes 40
seconds East, 193 58 feet and South 01 degrees 39 minutes 20
seconds West, 60 00 feet and South 88 degrees 29 minutes 45
seconds East, 90 07 feet from the southwest corner of Lot 113 of
Alden Village Subdivision (Liber 66, Page 78) and proceeding
thence North 01 degrees 39 minutes 20 seconds East, 449 56 feet;
thence South 88 degrees 20 minutes 40 seconds East, 493 93 feet;
thence South 01 degrees 15 minutes 00 seconds West, 448.26
feet; thence North 88 degrees 29 minutes 45 seconds West,
497 10 feet to the Point of Beginning (5 10 acres)
Commonly known as Vacant Land -Tax Parcel I D #46-112-99-
0010-001
A roll call vote.was taken on the foregoing resolution with the following result:
AYES Duggan, Laura, Brosnan, Walsh, Vandersloot, and Engebretson.
NAYS Pastor
The President declared the resolution adopted
On a motion by Duggan, seconded by Walsh, and unanimously adopted,
it was:
#481-98 RESOLVED, that having considered a communication from
the City Planning Commission, dated March 26, 1998, which sets forth its
resolution 3-38-98 adopted on March 24, 1998, with regard to Petition 98-
2-1-2, submitted by Realty Development Company for a change of zoning
of property located on the east side of Victor Parkway, north of Pembroke
in the Northeast 1/4 of Section 6, from PO-I to OS, and the Council having
conducted a public hearing with regard to this matter on Wednesday, May
27, 1998, pursuant to Council Resolution 266-98, the Council does
hereby reject the recommendation of the Planning Commission and
31048
approve Petition 98-2-1-2 for preparation of the ordinance for submission
to Council, and the City Planner is hereby instructed to cause the
necessary mop for publication to be prepared indicating the zoning
change herein approved and to furnish the same to the Department of
air 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
Communications from the Department of Law, dated June 1, 1998, re
eligibility for zoning variances in PO zoning districts and Zoning Board of Appeals
reforms were received and placed on file for the information of the Council (Petition
98-2-1-2)
A communication from the Department of Law, dated June 9, 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
The petitioner, Stuart Frankel, 3221 W Big Beaver Road, Troy, indicated he does not
have a tenant for this location as of yet, and that the site plan could change depending
on the tenant (whether they wanted a one- or two-story building)
On a motion by Duggan, seconded by Brosnan, and unanimously
adopted, it was
#482-98 RESOLVED, that having considered a communication from
the City Planning Commission, dated March 26, 1998, which sets forth its
resolution 3-38-98 adopted on March 24, 1998, with regard to Petition 98-
2-1-2, submitted by Realty Development Company for a change of zoning
of property located on the east side of Victor Parkway, north of Pembroke
in the Northeast 1/4 of Section 6, from PO-I to OS, and the Council having
conducted a public hearing with regard to this matter on Wednesday, May
27, 1998, pursuant to Council Resolution 266-98, the Council does
hereby refer this item to the Committee of the Whole for its report and
recommendation
On a motion by Brosnan, seconded by Walsh, it was
#483-98 RESOLVED, that having considered a communication from
the Department of Law, dated May 27, 1998, the Council does hereby, by
a two-thirds roll call vote in accordance with Section 7(1) of the Open
31049
Meetings Act, direct that a closed Committee of the Whole meeting be
held Monday, June 22, 1998, at 7 00 p m. for the purposes of discussing
Irmo litigation matters and attorney/client privileged communications in
connection with pending litigation.
A roll call vote was taken on the foregoing resolution with the following result:
AYES Duggan, Laura, Brosnan, Walsh, Vandersloot, Pastor, and
Engebretson
NAYS None
The President declared the resolution adopted
On a motion by Walsh, seconded by Duggan, and unanimously adopted,
it was
#484-98 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 Brosnan, seconded by Duggan, and unanimously
adopted, it was.
#485-98 RESOLVED, that having considered a communication from
the Mayor, dated June 8, 1998, announcing the appointment of Jeffery A.
Bryant to the position of Economic Development Manager, the Council
does hereby endorse the Mayor's appointment provided that Mr Bryant
take the Oath of Office, as required in Chapter 10, Section 2 of the City
Charter, to be administered by the City Clerk.
There was no audience communication at the end of the meeting
On a motion by Brosnan, seconded by Laura, and unanimously adopted,
it was
#486-98 RESOLVED, that the Council does hereby refer the issue of
cellular towers to the Capital Improvement Committee for its report and
recommendation
Councilmember Brosnan announced that Saturday, June 13, 1998, is her
6th wedding anniversary, and wished her husband, Sean, a "Happy Anniversary "
31050
On a motion by Duggan, seconded by Brosnan, and unanimously
adopted, this 1,370th Regular Meeting of the Council of the City of Livonia was
adjourned at 10.15 p m., June 10, 1998
0 /
L
Jia McCotter, City Clerk