HomeMy WebLinkAboutCOUNCIL MINUTES 1998-07-20 31098
MINUTES OF THE ONE THOUSAND THREE HUNDRED AND SEVENTY-THIRD
REGULAR MEETING OF THE COUNCIL OF THE CITY OF LIVONIA
On July 20, 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 Vandersloot delivered the invocation
Roll was called with the following result: Val I Vandersloot, John R.
Pastor, Brian Duggan, Joe Laura, Maureen Miller Brosnan, and Jack Engebretson,
Absent: John J Walsh (ill)
Elected and appointed officials present: Jack E. Kirksey, Mayor; John
Nagy, City Planner; Robert J Schron, City Engineer; Sean P Kavanagh, City Attorney;
Joan McCotter, City Clerk; Karen A. Szymula, Director of Legislative Affairs, Michael T
Slater, Director of Finance, John Fegan, Director of Inspection, James Inglis, Director
of Housing, Linda McCann, Director of Community Resources, Mary Rutan, Personnel
Director; Jeff Bryant, Economic Development Manger; Sue Daniel, Historical
Commission, Jane Soltesz, Historical Commission, Joseph J Soltesz, Historical
Commission, and Ian Wilshaw, Traffic Commission.
On a motion by Brosnan, seconded by Duggan, and unanimously
adopted, it was:
#552-98 RESOLVED, that the minutes of the 1,372nd Regular
Meeting of the Council of the City of Livonia, held July 6, 1998, are
hereby approved as submitted
There was no audience communication at the beginning of the meeting.
Mayor Kirksey gave an informational update on four (4) different subject
matters, as follows.
1) The progress of the 18 firefighters in the Advanced Life Support training.
training is going very well. GEMS is meeting their contractual obligations and
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the cooperation between GEMS and the firefighters has been great. One
hundred sixty-six citizens had been transported during the last reported period
2) The monitoring of the Ardmore property due to vandalism teenagers have been
using this site as a hangout. The City has been dealing with the owners and
attorneys to have the buildings secured. In about two (2) weeks this property
will come up for sale at auction, and hopefully, upon its sale, there will be more
interest in the property from the new owners
3) Absentee Voter (AV) ballots for the upcoming Primary Election of August 4 The
Mayor informed the viewers to be careful when marking their ballots Voters
cannot split their ticket in the Primary, and the way Wayne County had the
ballots printed, the entire Republican ticket is in the first column on front of the
ballot, and the Democratic ticket begins in the middle column on the front (not
using all the available space) and continues in the first column on the back. This
layout has caused several spoiled ballots so far; and
4) The progress between the Villas Condominiums and the property to the south of
them: the developers have been trying to work with the condo owners with
respect to various construction problems
A communication from Frank J Kokenakes, Trustee, and Dianne L. Nay,
President of the Livonia Board of Education, dated July 15, 1998, re the expansion of
the parking lot for staff and students at Stevenson High School was received and
placed on file for the information of the Council
Councilmember Brosnan announced that last week Councilmembers
Vandersloot and Duggan celebrated birthdays, and wished them a "Happy Birthday "
Councilmember Pastor wished daughter, Rachel, who just turned three,
and son, Ryan, who just turned ten, a "Happy Birthday "
A communication from the Engineering Division, dated July 15, 1998, re
status of the Pines of Winfield Subdivision and restoration in Sheffield Estates
Subdivision was received and placed on file for the information of the Council
At the direction of the Chair, Item Nos 17 and 18 were removed from the
Consent portion of the Agenda.
Also at the direction of the Chair, Item No 10 was removed from the
Agenda and rescheduled to the Regular Agenda of August 10, 1998
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A communication from the Livonia Housing Commission, dated July 15,
1998, re background information on proposed contractor for rehabilitation of 19941
Deering was received and placed on file for the information of the Council (Consent
Agenda Item #13)
On a motion by Brosnan, seconded by Duggan, it was
#553-98 RESOLVED, that having considered an application from
Timothy J McGillivary, 16620 Country Club, dated June 26, 1998,
requesting permission to close Country Club between Wood and Grove
on Saturday, July 25, 1998, from 5 00 p m. to 1000 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.
#554-98 RESOLVED, that having considered an application from
Brenda Prysdale, 18620 Lathers, dated July 2, 1998, requesting
permission to close Lathers between Clarita and Pickford on Saturday,
August 8, 1998, from 3 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, September 12, 1998, in the event of inclement weather, the
action taken herein being made subject to the approval of the Police
Department.
#555-98 RESOLVED, that having considered an application from Sue
Skaggs and Shaun Staff, 13995 Blackburn, dated July 1, 1998,
requesting permission to close Blackburn Street between Scone and
Perth on Saturday, August 22, 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, the action taken herein being made subject to
the approval of the Police Department.
#556-98 RESOLVED, that having considered an application from
Scott Mercer, 29836 Bobrich, dated July 2, 1998, requesting permission
to close Bobrich between Louise and Brookview on Saturday, August 29,
1998, from 3 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 Sunday, August 30, 1998,
in the event of inclement weather, the action taken herein being made
subject to the approval of the Police Department.
#557-98 RESOLVED, that having considered an application from
John Parks, 14070 Cranston, dated July 1, 1998, requesting permission
to close Cranston between Scone and Perth on Saturday, September 12,
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1998, from 12 00 p m to 10 00 p m for the purpose of conducting a block
lbw party, the Council does hereby grant permission as requested, including
therein permission to conduct the said affair on Sunday, September 13,
1998, in the event of inclement weather, the action taken herein being
made subject to the approval of the Police Department.
#558-98 RESOLVED, that having considered a letter from Denise
King, Executive Director of the Community Opportunity Center, NPHC,
dated July 2, 1998, the Council does hereby take this means to indicate
that the Community Opportunity Center, Non-Profit Housing Corporation,
is recognized as a non-profit organization operating within the community,
the action being taken for the purpose of affording the Community
Opportunity Center, Non-Profit Housing Corporation, an opportunity to
obtain a gaming license from the State of Michigan in accordance with
provisions of State statute
#559-98 RESOLVED, that having considered a letter from Richard S
Emrich, Assistant Principal of Franklin High School, dated June 25, 1998,
requesting approval and recognition of the Franklin High School Patriot
Street Homecoming Parade to be held on Friday, October 9, 1998, from
12 30 p m. to 2 15 p m on Joy Road, Merriman Road, West Chicago,
Sunset, Robert, Henry Ruff, Olson and Hillcrest in the vicinity of Franklin
High School, the Council does hereby approve such request, the action
taken herein being made subject to the approval of the Police
Department.
#560-98 RESOLVED, that having considered a letter submitted by
Suzanne McInerney and other homeowners residing on Mayfield, Clarita
and Seven Mile Road, dated May 21, 1998, wherein a request is
submitted for the vacating of Brookfield Avenue between Clarita and the
barricade which has been proposed in connection with the construction at
19039 Brookfield, in the Northwest 1/4 of Section 10, the Council does
hereby refer this item to the City Planning Commission for action and
recommendation in accordance with provisions of law and City ordinance
#561-98 RESOLVED, that having considered Petition 98-6-3-3 by Zef
M Ivezaj, dated June 8, 1998, wherein a request is submitted for the
vacating of the remaining undeveloped portion of the street right-of-way
for Laurel Avenue, as provided for within the subdivision plat known as
Fair Way Subdivision, in the Northwest 1/4 of Section 4, the Council does
hereby refer this item to the City Planning Commission for action and
recommendation in accordance with provisions of law and City ordinance
#562-98 RESOLVED, that having considered a letter from the
Michigan Liquor Control Commission, dated May 5, 1998, and a report
and recommendation from the Acting Chief of Police, dated July 6, 1998,
approved for submission by the Mayor, the Council does hereby approve
of the request from Three King's, L.L.0 for transfer of ownership of a
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1998 Class C licensed business from GE PE Associates, Inc. for a
business located at 15231 Farmington Road, Livonia, Michigan, Wayne
County; and the City Clerk is hereby requested to forward a certified copy
of this resolution to the Michigan Liquor Control Commission
A communication from the Inspection Department, dated June 30, 1998,
re. administrative response to CR 461-98 - parking and plantings on the Seven Mile
Road right-of-way adjacent to Glenda's Market -was received and placed on file for the
information of the Council.
#563-98 RESOLVED, that having considered the report and
recommendation of the Executive Director of the Housing Commission,
dated June 24, 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 JB Contracting, Inc., 41001 Grand River, Suite 1, Novi,
Michigan 48375, for completing all work required in connection with the
rehabilitation of the City-owned home located at 19941 Deering for the
sum of $16,225 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 $16,225 00 from funds
already budgeted in Account No 295-832-931-000 for this purpose, and
the Executive Director of the Housing Commission is hereby authorized to
approve minor adjustments in the work as it becomes necessary; and the
Mayor and City Clerk are hereby authorized to execute a contract, for and
on behalf of the City of Livonia, with the aforesaid bidder and to do all
things necessary or incidental to the full performance of this resolution.
#564-98 RESOLVED, that having considered the report and
recommendation of the Executive Director of the Housing Commission,
dated July 2, 1998, approved for submission by the Mayor, and to which
is attached a Consolidated Annual Contributions Contract for Project No
MI055V00016 (Morgan Manor Opt Out) in connection with the Section 8
Rental Assistance Program, the Council does hereby approve the
Consolidated Annual Contributions Contract and does hereby authorize
the Executive Director of the Housing Commission to execute the same in
the manner and form herein submitted, FURTHER, the Council does
hereby authorize the Housing Commission to administer the 59 Section 8
Vouchers on behalf of the residents of Morgan Manor and to do all things
incidental or necessary to the full performance of this resolution
#565-98 RESOLVED, that having considered the report and
recommendation from the Director of Finance, dated June 24, 1998,
approved for submission by the Mayor, wherein it is recommended that
the Livonia Community Credit Union, 15420 Farmington Road, Livonia,
Michigan 48154, be approved as a depository of City funds for the City of
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Livonia, the Council does hereby concur in and approve of this action in
accordance with Chapter VII, Section 11 of the City Charter
#566-98 RESOLVED, that having considered a communication from
the City Planning Commission, dated July 1, 1998, which transmits its
resolution 6-104-98 adopted on June 23, 1998, with regard to Petition 98-
6-8-20 submitted by John Del Signore requesting site plan approval in
connection with a proposal to construct a commercial building on property
located at 14050 Eckles Road in the Southwest 1/4 of Section 19,
pursuant to the provisions set forth in Section 18 58 of Ordinance No
543, as amended, the Council does hereby concur in the recommendation
of the Planning Commission and Petition 98-6-8-20 is hereby approved
and granted, subject to the following conditions
1 That the Site Plan marked Sheet 1 prepared by Kenneth E. West,
P E., as received by the Planning Commission on June 2, 1998, is
hereby approved and shall be adhered to,
2. That the Landscape Plan marked Sheet 1 prepared by Kenneth E
West, P E , as received by the Planning Commission on June 2,
1998, is hereby approved and shall be adhered to,
3 That all disturbed lawn areas shall be sodded in lieu of
hydroseeding,
4 That underground sprinklers are to be provided for all landscaped
and sodded areas, and all planted materials shall be installed to
the satisfaction of the Inspection Department and thereafter
permanently maintained in a healthy condition,
5 That the Exterior Building Elevation Plan marked Sheet 3 prepared
by Kenneth E West, P E , as received by the Planning
Commission on June 2, 1998, is hereby approved and shall be
adhered to,
6 That the masonry material of the building, other than brick, shall be
split-faced block and shall not be painted and will be in harmony
with the color of the brick;
7 That the brick used in the construction of the building shall be full-
face four (4") inch brick, no exceptions, and
8 That the three walls of the trash dumpster area shall be
constructed out of the same brick used in the construction of the
building, and the enclosure gates shall be maintained and, when
,,, not in use, closed at all times
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#567-98 RESOLVED, that having considered a communication from
Jabbour & Associates, dated July 1, 1998, which in accordance with the
provisions of Section 19 08 of Ordinance No 543, as amended, the
Zoning Ordinance takes an appeal from a determination made on June
23, 1998, by the City Planning Commission in its resolution 6-103-98
adopted on June 23, 1998, with regard to a revision to Petition 87-4-8-14
submitted by Jabbour &Associates requesting approval of all plans
required by Section 18 58 for the construction of an office building on
property located at 9130 Middlebelt Road in the Southwest 1/4 of Section
36, the Council does hereby designate Wednesday, September 2, 1998,
at 7 00 p m as the date and time for conducting a public hearing with
regard to this matter, such hearing to be held 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 No 543, as amended, the Zoning
Ordinance of the City of Livonia.
#568-98 WHEREAS, the City Clerk has received an Application for
Industrial Facilities Exemption Certificate from Awrey Bakeries, Inc.,
received in the Office of the City Clerk on July 7, 1998, covering new
industrial facilities to be located within City of Livonia Industrial
Development District No 5,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
LIVONIA that it determines as follows
1 The City Clerk shall provide copies of the said Application to the
legislative bodies of the governmental units deriving property taxes
from the property which will be affected, as required by Act 198,
P.A. 1974, as amended
2 The City Clerk shall contact each of the affected taxing units, and
(i) indicate the Council's interest in this matter, and (ii) assist these
taxing units in collecting such information as may be necessary to
determine their respective opinions on this Application, and (iii)
advise the said taxing units of this Council's desire to hold a
hearing on this Application on Wednesday, September 2, 1998, at
7 00 p m at the Livonia City Hall, 33000 Civic Center Drive,
Livonia, Michigan.
3 The Council hereby sets Wednesday, September 2, 1998, at 7 00
p m at the Livonia City Hall, 33000 Civic Center Drive, Livonia,
Michigan, as the date, time and place for conducting a hearing on
said Application
A roll call vote was taken on the foregoing resolutions with the following result:
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AYES Vandersloot, Pastor, Duggan, Laura, Brosnan, and Engebretson.
NAYS None
imp
On a motion by Brosnan, seconded by Laura, it was
RESOLVED, that having considered a communication from
the City Planning Commission, dated July 2, 1998, which transmits its
resolution 6-105-98 adopted on June 23, 1998, with regard to Petition 98-
6-8-21 submitted by ADI Realty, on behalf of Arbor Drugs, requesting site
plan approval in connection with a proposal to construct a retail store and
a bank on property located at 19120 Middlebelt Road in the Southwest
1/4 of Section 1, pursuant to the provisions set forth in Section 18 58 of
Ordinance No 543, as amended, the Council does hereby concur in the
recommendation of the Planning Commission and Petition 98-6-8-21 is
hereby approved and granted, subject to the following conditions
1 That the Site Plan marked sheet SP-1 prepared by Gary Adams
Associates, Inc., as received by the Planning Commission on June
22, 1998, is hereby approved and shall be adhered to,
2 That the Landscape Plan marked Sheet LS-1 prepared by Gregory
M. Baughman Associates, as received by the Planning
Commission on June 22, 1998, is hereby approved and shall be
adhered to,
3 That all disturbed lawn areas shall be sodded in lieu of
hydroseeding,
4 That underground sprinklers are to be provided for all landscaped
and sodded areas, and all planted materials shall be installed to
the satisfaction of the Inspection Department and thereafter
permanently maintained in a healthy condition,
5 That the Exterior Building Elevation Plan marked Sheet A-3
prepared by Gary Adams Associates, Inc., as received by the
Planning Commission on June 5, 1998, is hereby approved and
shall be adhered to,
6 That the brick used in the construction of the decorative wall shall
be full-face four (4") inch brick, no exceptions,
7 That the walls of the trash dumpster area shall be constructed out
of the same brick used in the construction of the building, and the
enclosure gates shall be maintained and, when not in use, closed
at all times,
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8 That this approval does not authorize consent of any signage
shown on the plans, and that all signage shall come back before
the Planning Commission and City Council for their review and
approval, and
9 That the parking lot will be new, not repaired, and completely
restriped.
- A roll call vote was taken on the foregoing resolution with the following result:
AYES Vandersloot, Brosnan, and Engebretson.
NAYS Pastor, Duggan, and Laura.
The President declared the resolution denied
On a motion by Duggan, seconded by Laura, and unanimously adopted, it
was.
#569-98 RESOLVED, that having considered a communication from
the City Planning Commission, dated July 2, 1998, which transmits its
resolution 6-105-98 adopted on June 23, 1998, with regard to Petition 98-
6-8-21 submitted by ADI Realty, on behalf of Arbor Drugs, requesting site
plan approval in connection with a proposal to construct a retail store and
a bank on property located at 19120 Middlebelt Road in the Southwest
1/4 of Section 1, pursuant to the provisions set forth in Section 18 58 of
Ordinance No 543, as amended, the Council does hereby refer this
matter to the Committee of the Whole for its report and recommendation.
On a motion by Brosnan, seconded by Vandersloot, and unanimously
adopted, it was.
#570-98 RESOLVED, that having considered a request from
Councilmember Maureen Miller Brosnan and after reviewing a letter from
the Inspection Department dated July 17, 1998, regarding a new
"Homelife Furniture" sign on the Sears store located at the Livonia Mall at
Seven Mile and Middlebelt Roads, the Council does hereby determine to
take no further action with respect to this matter
A communication from the Inspection Department, dated July 17, 1998,
re the "Homelife Furniture" wall sign on the Sears store located at 29500 Seven Mile
Road was received and placed on file for the information of the Council
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A communication from the Historic Columbia Foundation, dated January
27, 1997, re background information on D Ray Sigmon with respect to possible
expansion plans for Greenmead was received and placed on file for the information of
the Council (CR 1143-96)
A communication from the Department of Finance, dated June 25, 1998,
re City funds spent for park maintenance at different City parks and facilities was
received and placed on file for the information of the Council (CR 243-97)
A communication from the Department of Finance, dated June 29, 1998,
re Greenmead Complex Net Assets Available - May 30, 1998, was received and
placed on file for the information of the Council
A communication from the Department of Finance, dated June 8, 1998,
re Proposed Funding Source for Greenmead Feasibility Study was received and
placed on file for the information of the Council (CR 244-97)
A communication from the Department of Community Resources, dated
July 14, 1998, re. additional information on the subject of a Feasibility Study of the
Alexander Blue House and the undeveloped south end of Greenmead was received
and placed on file for the information of the Council (CR 401-96)
On a motion by Brosnan, seconded by Pastor, and unanimously adopted,
it was
#571-98 RESOLVED, that having considered the report and
recommendation of the Capital Improvement Committee, dated June 30,
1998, submitted pursuant to Council Resolution 1143-96, regarding the
subject of Greenmead, the Council does hereby authorize retaining Mr D
Ray Sigmon, 407 Shandon Street, Columbia, South Carolina 29205, for
the development of a plan of action for future use of the Greenmead
complex, including a review of plans for restoration and expansion of the
Alexander Blue House, in a sum not to exceed $5,000 00; FURTHER, the
Council does hereby appropriate and authorize an expenditure of a sum
not to exceed $5,000 00 from the Unexpended General Fund Balance for
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this purpose, and the Mayor and City Clerk are hereby authorized to
execute a contract, for and on behalf of the City of Livonia with the
aforesaid individual and to do all things necessary or incidental to the full
performance of this resolution
A communication from the Department of Law, dated June 24, 1998, re
proposed changes to the Historic Preservation Committee Ordinance, No 2.56.010 et.
seq., with respect to Greenmead was received and placed on file for the information of
the Council (CR 1143-96 and CR 734-97)
A communication from the Department of Community Resources, dated
July 14, 1998, re additional information on Greenmead and Certified Local
Governments was received and placed on file for the information of the Council (CR
1143-96)
On a motion by Brosnan, seconded by Vandersloot, and unanimously
adopted, it was.
#572-98 RESOLVED, that having considered the report and
recommendation of the Capital Improvement Committee, dated June 30,
1998, submitted pursuant to Council Resolution 734-97, regarding the
subject of whether an addition to a building within a designated historic
district would require permission from the Historic Preservation
Commission, and also having considered a letter from the Mayor dated
August 27, 1997, regarding various questions concerning Greenmead,
Greenmead 2000, ordinance amendments and the Historic Preservation
Commission, the Council does hereby refer the subject of the impact of
proposed ordinance amendments to Chapter 2.56 of the Livonia Code of
Ordinances (Historic Preservation Commission) to incorporate State law
provisions in order to become a Certified Local Government and the
question of whether such process is reversible to the Department of Law
for its report and recommendation.
A communication from the Department of Community Resources, dated
June 24, 1998, re additional information with respect to Greenmead and Alexander
Blue House was received and placed on file for the information of the Council (CR
1143-96)
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On a motion by Brosnan, seconded by Pastor, and unanimously adopted,
it was
#573-98 RESOLVED, that having considered the report and
recommendation of the Capital Improvement Committee, dated June 30,
1998, submitted pursuant to Council Resolution 91-96 in connection with
the design documents including a sequenced phasing plan for
construction work submitted by Robert K. Seymour related to the
proposed renovation of the Alexander Blue House, as well as Council
Resolution 401-96 regarding the subject of a feasibility study of the
marketing potential of the Alexander Blue House, the Council does
hereby authorize the Department of Community Resources to begin the
process of selecting an architect for the Alexander Blue House renovation
and expansion
A communication from the Office of the Mayor, dated June 30, 1998, re
proposed modification to the City Vehicle Policy was received and placed on file for the
information of the Council (CR 100-96, CR 106-97 and CR 24-98)
A communication from the Department of Finance, dated July 15, 1998,
re. additional information on City-owned vehicles was received and placed on file for
the information of the Council
On a motion by Vandersloot, seconded by Brosnan, and unanimously
adopted, it was.
#574-98 RESOLVED, that having considered the report and
recommendation of the Finance, Insurance and Budget Committee, dated
July 1, 1998, submitted pursuant to Council Resolution 100-96, and a
communication from the Mayor, dated June 30, 1998, concerning the
subject of the purchase and/or assignment of City vehicles, policies
regarding take-home vehicles and public identification procedures for City
vehicles, the Council does hereby refer the subject of the policies of
surrounding similar sized communities for use and/or assignment of City
vehicles or any policies for compensation or reimbursement of driving
costs to the Mayor for a report and recommendation, FURTHER, the
Council does hereby direct that this item remain in committee for further
consideration.
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On a motion by Vandersloot, seconded by Brosnan, and unanimously
adopted, it was
#575-98 RESOLVED, that having considered the report and
recommendation of the Finance, Insurance and Budget Committee, dated
July 1, 1998, submitted pursuant to Council Resolution 24-98, concerning
the subject of personal utilization of City vehicles, the Council does
hereby determine to take no further action with respect to this item.
On a motion by Laura, seconded by Duggan, it was
#576-98 RESOLVED, that having considered the report and
recommendation of the Committee of the Whole, dated July 7, 1998,
submitted pursuant to Council Resolution 293-98, and a communication
from the City Assessor, dated April 6, 1998, approved for submission by
the Mayor, with regard to a request from Sam Baki of Baki's Unique Home
Builders, 36700 Seven Mile, Livonia, Michigan 48152, and in accordance
with the provisions of 1967 PA 288, as amended, as well as Section 18 46
of Ordinance 543, as amended, the Council does hereby approve of the
proposed division and combination of Tax Item Nos 46-019-99-0016-002,
46-019-99-0016-003, 46-019-99-0017-000 and 46-019-99-0019-000 into
four (4) parcels, PROVIDED, HOWEVER, that such approval is
contingent upon approval of the site condominium on the adjacent
property which incorporates Lot D, FURTHER, the legal descriptions of
the four parcels shall read as follows
PARCEL A:
PT OF SW 1/4 SEC 5 T1S R9E BEGS 89DEG 14M 30S E 1893 13 FT AND
N ODEG 22M E 60 FT FROM SW 1/4 COR SEC 5TH N ODEG 22M E
281.24 FT TH S 50DEG 36M 14S E 104 57 FT TH S ODEG 45M 30S W
215 93 FT TH N 89DEG 14M 30S W 79 76 FT TO POB (0 46 AC)
PARCEL B:
PT OF SW 1/4 SEC 5 T1S R9E BEG S 89DEG 14M 30S E 1972.89 FT AND
N ODEG 45M 30S E 60 FT FROM SW 1/4 COR SEC 5TH N ODEG 45M
30S E 215 93 FT TH S 50DEG 36M 14S E 102 42 FT TH S ODEG 45M 30S
W 151 99 FT TH N 89DEG 14M 30S W 80 0 FT TO POB (0 34 AC)
PARCEL C:
PT OF SW 1/4 SEC 5 TIS R9E BEG S 89DEG 14M 30S E 2052.89 FT AND
N ODEG 45M 30S E 60 FT FROM SW 1/4 COR SEC 5 TH N ODEG 45M
30S E 151 99 FT TH S 50DEG 36M 14S E 243 41 FT TH N 89DEG 14M
30S W 190 13 FT TO POB (0 33 AC)
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PARCEL D:
PT OF SW 1/4 SEC 5 TIS R9E BEG N 89DEG 14M 30S W 392.60 FT N
ODEG 22M OSEC E 60 00 FT FROM S 1/4 COR SEC 5 TH N 89DEG 14M
30S W 7 72 FT TH N 50DEG 36M 14S W 450 40 FT TH N ODEG 22M
OSEC E 129 75 FT TH S 89DEG 14M 34S E 366 66 FT TH S ODEG 14M
OSEC W 208 00 FT TH N 89DEG 14M 30S W 10 00 FT TH S ODEG 14M
OSEC W 203 00 FT TO POB (2 2877 AC)
as shown on the map attached to the aforesaid communication which is
made a part hereof by reference, and the City Clerk is hereby requested
to cause a certified copy of this resolution to be recorded in the Office of
the Wayne County Register of Deeds, PROVIDED, HOWEVER, that until
a variance is granted by the Zoning Board of Appeals as to every
nonconforming lot resulting from such split, none of said lots may be sold,
leased or transferred
A roll call vote was taken on the foregoing resolution with the following result:
AYES Vandersloot, Duggan, Laura, and Engebretson.
NAYS Pastor and Brosnan
The President declared the resolution adopted
On a motion by Laura, seconded by Brosnan, it was
#577-98 RESOLVED, that having considered the report and
recommendation of the Committee of the Whole, dated July 7, 1998,
submitted pursuant to Council Resolution 367-98, and the report and
recommendation of the Director of Finance, dated April 13, 1998,
approved for submission by the Mayor, regarding funding for Hegira
Programs, Inc. - Livonia Counseling Center for professional services
provided to the City and its citizens for the fiscal year ending November
30, 1998, the Council does hereby direct that this matter remain in the
Committee of the Whole for further discussion.
A roll call vote was taken on the foregoing resolution with the following result:
AYES Vandersloot, Duggan, Laura, and Brosnan.
NAYS Pastor and Engebretson.
The President declared the resolution adopted.
Ed Forry, Director of Hegira Programs, Inc., spoke to services that are provided to the
community and asked the Council to consider continuing their funding for Livonia
Counseling Center Discontinuance of funding may impact on non-insured residents in
Livonia.
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On a motion by Duggan, seconded by Laura, and unanimously adopted, it
was
#578-98 RESOLVED, that the Council does hereby refer to the
Department of Law the matter of obtaining an appraisal of the CCODA
building, such appraisal to be paid for from the Unexpended Fund
Balance of the General Fund
On a motion by Pastor, seconded by Laura, it was.
#579-98 RESOLVED, that having considered the report and
recommendation of the Committee of the Whole, dated July 7, 1998,
submitted pursuant to Council Resolution 340-98, regarding the subject of
building reliefs as they relate to the issue of signage, the Council does
hereby determine to take no further action with respect to this item.
A roll call vote was taken on the foregoing resolution with the following result:
AYES Vandersloot, Pastor, Duggan, Laura, and Engebretson
NAYS Brosnan.
The President declared the resolution adopted
Duggan gave first reading to the following Ordinance
AN ORDINANCE AMENDING SECTION 6 OF THE ZONING
MAP OF THE CITY OF LIVONIA AND AMENDING ARTICLE III
OF ORDINANCE NO 543, AS AMENDED, KNOWN AND CITED
AS "THE CITY OF LIVONIA ZONING ORDINANCE" BY ADDING
SECTION 3 THERETO (Petition 98-2-1-2)
The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in the
Office of the City Clerk and is the same as if word for word repeated herein The above
Ordinance was placed on the table for consideration at the next regular meeting
On a motion by Brosnan, seconded by Duggan, it was.
RESOLVED, that having considered the report and
recommendation of the Director of Public Works and the City Engineer,
dated July 6, 1998, which bears the signature of the Director of Finance
and is approved for submission by the Mayor, in connection with a
change order requested for the 1998 Catch Basin and Pavement Repair
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Program (Contract 98-G), the Council does hereby refer this item to the
Streets, Roads and Plats Committee for its report and recommendation.
A roll call vote was taken on the foregoing resolution with the following result:
AYES Brosnan.
NAYS Vandersloot, Pastor, Duggan, Laura, and Engebretson.
The President declared the resolution denied.
On a motion by Pastor, seconded by Vandersloot, and unanimously
adopted, it was.
#580-98 RESOLVED, that having considered the report and
recommendation of the Director of Public Works and the City Engineer,
dated July 6, 1998, which bears the signature of the Director of Finance
and is approved for submission by the Mayor, in connection with the 1998
Catch Basin and Pavement Repair Program (Contract 98-G), the Council
does hereby authorize a change order in the amount of$59,508 00 with
respect to Contract 98-G payable to Hard Rock Concrete, Inc., 38146
Abruzzi Drive, Westland, Michigan 48185, for pavement removal and
replacement of Levan Road north of Five Mile Road to the south edge of
trep the drive at 15370 Levan as indicated in the aforementioned report and
recommendation, FURTHER, the Council does hereby authorize a
transfer in the amount of $59,508 00 from the remaining balance in
Account No 101-463-818-020 (Contractual Services - Maintenance) to
Account No 202-463-818-119 (Major Roads - Contractual Service) and a
budget adjustment increasing Account No 202-463-818-119 by
$59,508.00 for this purpose
On a motion by Vandersloot, seconded by Pastor, and unanimously
adopted, it was
#581-98 RESOLVED, that having considered a communication from
the City Planning Commission, dated July 1, 1998, which transmits its
resolution 6-96-98 adopted on June 23, 1998, with regard to Petition 98-
3-8-10 submitted by Ronald Abraham, on behalf of Stables Bar,
requesting site plan approval in connection with a proposal to construct a
parking lot on property located at 14920 Middlebelt Road in the Northwest
1/4 of Section 24, pursuant to the provisions set forth in Section 18.58 of
f. Ordinance No 543, as amended, the Council does hereby concur in the
recommendation of the Planning Commission and Petition 98-3-8-10 is
fir hereby approved and granted, subject to the following conditions
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1 That the Site Plan marked Sheet Si dated July 13, 1998, as
2 revised, prepared by R. A. Zischke Architect is hereby approved
and shall be adhered to,
That the Landscape Plan marked Sheet LS1 dated July 13, 1998,
as revised, prepared by R. Z. Zischke Architect, is hereby
approved and shall be adhered to,
3 That the brick used in the construction of the decorative wall shall
be full-face four (4") inch brick, no exceptions;
4 That all disturbed lawn areas shall be sodded in lieu of
hydroseeding,
5 That underground sprinklers are to be provided for all landscaped
and sodded areas, and all planted materials shall be installed to
the satisfaction of the Inspection Department and thereafter
permanently maintained in a healthy condition; and
6 That the parking lot shall be double-striped and handicapped spots
will be marked, and the parking lot will be brought up to current
standards as outlined in an April 9, 1998, letter from the Inspection
Department.
A communication from the Inspection Department, dated April 9, 1998, re
the site plan for Petition 98-3-8-10 - Stables Bar -was received and placed on file for
the information of the Council
On a motion by Brosnan, seconded by Pastor, it was.
RESOLVED, that having considered a communication from
the City Planning Commission, dated June 11, 1998, which transmits its
resolution 5-91-98 adopted on June 9, 1998, with regard to Petition 98-5-
8-18 submitted by Sam Baki, requesting approval of the Master Deed,
Bylaws and a site plan in connection with a proposal to construct a site
condominium development (Fox Creek Estates) on property located at
36700 Seven Mile Road in the South 1/2 of Section 5, pursuant to the
provisions set forth in Section 18 62 of Ordinance No 543, as amended,
the Council does hereby refer this matter to the Committee of the Whole
for its report and recommendation
A roll call vote was taken on the foregoing resolution with the following result:
AYES Pastor, Duggan, and Brosnan.
NAYS Vandersloot, Laura and Engebretson.
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The President declared the resolution denied
On a motion by Laura, seconded by Pastor, it was.
#582-98 RESOLVED, that having considered a communication from
the City Planning Commission, dated June 11, 1998, which transmits its
resolution 5-91-98 adopted on June 9, 1998, with regard to Petition 95-5-
8-18 submitted by Sam Baki, requesting approval of the Master Deed,
Bylaws and a site plan in connection with a proposal to construct a site
condominium development (Fox Creek Estates) on property located at
36700 Seven Mile Road in the South 1/2 of Section 5, 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 98-5-8-18 is hereby approved and granted,
subject to the following conditions:
1 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 Ordinances, and Article XX of Ordinance No
543, Section 20 01-20 06 of the ordinance, except for the fact that
the following shall be incorporated:
• That the first floor and chimney 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 70% on two-story and not less than
90% on one-story homes,
2. That the first floor and chimney of each condominium unit shall be
full-face four (4") inch brick, no exceptions,
3 That the Site Plan prepared by Landmark Engineering Company,
as received by the Planning Commission on May 27, 1998, is
hereby approved and shall be adhered to, and
4 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
A roll call vote was taken on the foregoing resolution with the following result:
AYES Vandersloot, Pastor, Laura, and Engebretson
NAYS Duggan and Brosnan
The President declared the resolution adopted.
31116
On a motion by Vandersloot, seconded by Laura, and unanimously
adopted, it was
fir #583-98 RESOLVED, that having considered a request from Alliant
Foodservice, Inc., dated July 13, 1998, wherein it is indicated that Alliant
Foodservice, Inc. intends to transfer employees from 30660 Plymouth
Road (Leone's Food Service) to Lyon Township and which further
indicates that Alliant Foodservice, Inc. desires to obtain a Michigan
Economic Growth Authority tax credit for the Lyon Township facility, the
Council does hereby consent to the transfer as herein requested for the
reason that this action will assist in retaining jobs for 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.
A communication from the Economic Development Manager, dated July
15, 1998, re recommendation to approve granting release of employment from the
City regarding Alliant Foodservice as a requirement for receiving a MEGA Tax Credit
from the State was received and placed on file for the information of the Council
A fax communication from the Michigan Jobs Commission, dated July 17,
1998, re forwarding an approving Michigan Economic Growth Authority (MEGA)
resolution adopted on July 14, 1998, which authorizes to Alliant Foodservice, Inc. an
employment credit of 100 percent for 15 consecutive tax years, with conditions, was
received and placed on file for the information of the Council
On a motion by Brosnan, seconded by Pastor, and unanimously adopted,
it was.
#584-98 RESOLVED, that having considered a communication from
the City Planning Commission, dated May 6, 1998, which sets forth its
resolution 5-61-98, adopted on May 5, 1998, with regard to Petition 98-3-
1-4, submitted by the City Planning Commission, on its own motion, for a
change of zoning of property located on the east side of Harrison Avenue
between Seven Mile Road and Pickford Avenue, Lots 40-51 inclusive, in
the Dohany Subdivision in the Northeast 1/4 of Section 12, from RUF to
R-1, and the Council having conducted a public hearing with regard to
this matter on Wednesday, July 8, 1998, pursuant to Council Resolution
396-98, the Council does hereby concur in the recommendation of the
31117
Planning Commission and Petition 98-3-1-4 is hereby denied for the
following reasons
1 That the proposed change of zoning is not compatible with the
adjacent RUE-zoned properties in the area,
2 That the proposed change of zoning will change the character of
the area from a rural setting to a more urban setting; and
3 That the proposed change of zoning will provide for much smaller
lot sizes than are prevalent with respect to ownership units to the
west and south
On a motion by Laura, seconded by Pastor, and unanimously adopted, it
was:
#585-98 RESOLVED, that having considered a communication from
the City Planning Commission, dated May 6, 1998, which sets forth its
resolution 5-62-98 adopted on May 5, 1998, with regard to Petition 98-3-
1-5, submitted by GNI Development, Inc. and the Disabled American
Veterans Chapter#114 for a change of zoning of property located on the
east side of Newburgh Road in the Southwest 1/4 of Section 32, from P to
C-1, and the Council having conducted a public hearing with regard to
this matter on Wednesday, July 8, 1998, pursuant to Council Resolution
396-98, the Council does hereby approve Petition 98-3-1-5 for
preparation of the ordinance for submission to Council, and the City
Planner is hereby instructed to cause the necessary map for publication
to be prepared indicating the zoning change herein approved and to
furnish the same to the Department of Law and, upon receipt of such
map, the Department of Law is requested to prepare an ordinance
amending Ordinance 543, as amended, in accordance with this
resolution.
On a motion by Duggan, seconded by Pastor, it was.
RESOLVED, that having considered a communication from
the City Planning Commission, dated May 6, 1998, which sets forth its
resolution 5-62-98 adopted on May 5, 1998, with regard to Petition 98-3-
1-5, submitted by GNI Development, Inc. and the Disabled American
Veterans Chapter#114 for a change of zoning of property located on the
east side of Newburgh Road in the Southwest 1/4 of Section 32, from P to
C-1, and the Council having conducted a public hearing with regard to
this matter on Wednesday, July 8, 1998, pursuant to Council Resolution
396-98, the Council does hereby refer this subject matter to the
Committee of the Whole
Duggan and Pastor withdrew their motions on the foregoing resolution
31118
Joe Connelly, 32148 Cambone Lane, thanked the Council for their support in this
matter on behalf of Livonia Chapter#114
E
Duggan left the podium at 9.20 p m due to a conflict of interest on the next item
On a motion by Brosnan, seconded by Laura, it was
#586-98 RESOLVED, that having considered a communication from
the City Planning Commission, dated May 6, 1998, which sets forth its
resolution 5-63-98 adopted on May 5, 1998, with regard to Petition 98-3-
1-6, submitted by Leo Soave for a change of zoning of property located
on the west side of Farmington Road in the Northeast 1/4 of Section 4,
from RUFA to R-3, and the Council having conducted a public hearing
with regard to this matter on Wednesday, July 8, 1998, pursuant to
Council Resolution 396-98, the Council does hereby approve Petition 98-
3-1-6 for preparation of the ordinance for submission to Council, and the
City Planner is hereby instructed to cause the necessary map for
publication to be prepared indicating the zoning change herein approved
and to furnish the same to the Department of Law and, upon receipt of
such map, the Department of Law is requested to prepare an ordinance
amending Ordinance 543, as amended, in accordance with this
resolution.
A roll call vote was taken on the foregoing resolution with the following result:
AYES Vandersloot, Pastor, Laura, Brosnan, and Engebretson.
NAYS None.
The President declared the resolution adopted.
Duggan returned to the podium at 9:21 p m.
On a motion by Brosnan, seconded by Duggan, and unanimously
adopted, it was:
#587-98 WHEREAS, pursuant to due and proper notice published
and mailed to all property owners in Special Assessment District No 400
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, 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
Monday, July 13, 1998, at 6 00 p m at the City Hall, 33000 Civic Center
31119
Drive, Livonia, Michigan, and the City Council having duly met and
reviewed the special assessments levied on the revised 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 400, 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 revised Special Assessment Roll dated June 15, 1998,
in the amount of $120,072 18, 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 400 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,
31120
(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 ($21,169 67) and 100% of drainage costs ($52,471 62)for a
total amount of$73,641 29
A communication from Patricia Rensberger, 34276 Coventry, received in
the Office of the City Clerk on July 14, 1998, re objecting to the improvement of
Ashurst, north of Five Mile Road, was received and placed on file for the information of
the Council
On a motion by Vandersloot, seconded by Duggan, and unanimously
adopted, it was
#588-98 RESOLVED, that having considered the report and
recommendation of the City Engineer, dated June 30, 1998, which bears
the signature of the Director of Finance, is approved by the Director of
Public Works and the Chairman of the Water and Sewer Board, and
approved for submission by the Mayor, the Council does hereby accept
the unit price bid of Nagle Paving Company, 30630 West Twelve Mile
Road, Farmington Hills, Michigan 48334, for completing all work required
for the paving, storm sewers and water main replacement in conjunction
with the Ashurst Road special assessment district, north of Five Mile
Road, in the Southeast and Southwest 1/4 of Section 16, for the
estimated total cost of$289,601 50 based upon the Engineering
Division's estimate of units involved, and subject to a final payment based
upon the actual units completed in accordance with the unit prices
accepted herein, said estimated cost and unit prices having been in fact
the lowest bid received for this item, FURTHER, the Council does hereby
authorize an advance in the amount of$176,446 50 for the Ashurst Road
Paving from the General Obligation Road Improvement Bond Issues with
the provision that (1) the Bond Issues be reimbursed from that portion of
31121
the project which is to be financed by special assessment at such time as
funds are available from the future special assessments bond issue, and
(2) the Bond Issues be reimbursed for the City's portion of the project at
such time as funds may be available from the Michigan Transportation
Fund (Local Road Account), FURTHER, the Council does hereby
authorize an appropriation in the amount of $73,641 29 from the Michigan
Transportation Fund (Local Road Account) to pay for the City's portion of
the work; FURTHER, the Council does hereby authorize an expenditure
in the amount of$113,155 00 from funds already budgeted in the
Construction in Progress Account, Account No 592---158-000 for the
installation of the water main replacement; and the Director of Public
Works is hereby authorized to approve minor adjustments in the work as
it becomes necessary; and the Mayor and City Clerk are hereby
authorized to execute a contract for and on behalf of the City of Livonia
with the aforesaid bidder and to do all other things necessary or incidental
to the full performance of this resolution
On a motion by Laura, seconded by Pastor, and unanimously adopted, it
was.
#589-98 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 Pastor, and unanimously adopted,
it was
#590-98 WHEREAS, the City Clerk has received an Application for
Industrial Facilities Exemption Certificate from Ford Motor Land Services
Corporation, dated July 15, 1998, covering new industrial facilities to be
located at Livonia Transmission Plant, 36200 Plymouth Road, within City
of Livonia Industrial Development District No 1,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
LIVONIA that it determines as follows
1 The City Clerk shall provide copies of the said Application to the
legislative bodies of the governmental units deriving property taxes
from the property which will be affected, as required by Act 198,
P.A. 1974, as amended
2 The City Clerk shall contact each of the affected taxing units, and
(i) indicate the Council's interest in this matter, and (ii) assist these
taxing units in collecting such information as may be necessary to
determine their respective opinions on this Application, and (iii)
advise the said taxing units of this Council's desire to hold a
31122
hearing on this Application on Wednesday, September 2, 1998, at
7 00 p m at the Livonia City Hall, 33000 Civic Center Drive,
Livonia, Michigan
3 The Council hereby sets Wednesday, September 2, 1998, at 7 00
p m. at the Livonia City Hall, 33000 Civic Center Drive, Livonia,
Michigan, as the date, time and place for conducting a hearing on
said Application.
On a motion by Laura, seconded by Pastor, and unanimously adopted, it
was.
#591-98 RESOLVED, that having considered the report and
recommendation of the Mayor, dated July 17, 1998, the Council does
hereby approve the establishment of the classification of Economic
Development Manager (to be recommended by the Planning Director and
appointed by the Mayor) and does hereby set the salary of the Economic
Development Manager, effective July 13, 1998, as follows
Annual
Step 1 $55,723.20
Step 1 5 56,784 00
Step 2 57,865 60
Step 3 60,153 60
Step 4 62,545 60
Step 5 65,041 60
the same benefits (i e , longevity, vacation credit, sick leave, dental,
optical, medical benefits, etc.) as extended to other full-time classified
Civil Service employees shall be afforded this position
There was no audience communication at the end of the meeting
On a motion by Laura, seconded by Brosnan, and unanimously adopted,
this 1,373rd Regular Meeting of the Council of the City of Livonia was adjourned at 9:26
p m , July 20, 1998
Jr4fra,7/i7
McCotter, City Clerk