HomeMy WebLinkAboutCOUNCIL MINUTES 1998-01-14 30669
MINUTES OF THE ONE THOUSAND THREE HUNDRED AND SIXTIETH
REGULAR MEETING OF THE COUNCIL OF THE CITY OF LIVONIA
On January 14, 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, Val I Vandersloot, John R. Pastor, and Jack Engebretson.
Absent: John J Walsh.
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, Ralph Magid,
Superintendent of Public Service, Linda McCann, Director of Community Resources,
Michael Murray, Police Chief; and John McDonald, Deputy Police Chief
On a motion by Duggan, seconded by Vandersloot, it was
#1-98 RESOLVED, that the minutes of the 1,359th Regular
Meeting of the Council of the City of Livonia, held December 17, 1997,
are hereby approved as submitted
A roll call vote was taken on the foregoing resolution with the following result:
AYES Duggan, Laura, Brosnan, and Vandersloot.
NAYS None
PRESENT Pastor and Engebretson.
The President declared the resolution adopted
No one wished to speak during the Audience Communication portion of
the meeting
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A communication from the Office of the Mayor, dated December 19, 1997,
re forwarding the Annual Report for the 1996-97 Fiscal Year was received and placed
on file for the information of the Council
A communication from the Engineering Division, dated January 6, 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
At the direction of the Chair, new data was received and placed on file for
the information of the Council re Consent Agenda Items#1, 12 & 15, respectively, as
follows
A communication from the Planning Commission, dated January 12, 1998,
/ow re. the Builder's Square and HQ logo sign on the building located at 29659 Seven Mile
Road.
A communication from the Department of Public Safety, Fire & Rescue,
dated December 2, 1997, re a discount offered by Douglass Safety Systems re the
purchase of additional units of Self-Contained Breathing Apparatus (SCBA)
A communication from the Public Service Division, dated January 9, 1998,
re additional information on the award of bid for aggregates and the rescinding and
repealing of Council Resolution 220-97
At the direction of the Chair, Item #18 was removed from the Consent
portion of the Agenda.
On a motion by Brosnan, seconded by Laura, it was
#2-98 RESOLVED, that having considered a request from
Councilmember Maureen Miller Brosnan, the Council does hereby refer
the subject of the status of the ownership and possibility of site plan
changes on the Home Quarters/Builder's Square building located on
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Seven Mile Road to the Planning Department for its report and
recommendation.
#3-98 RESOLVED, that having considered a letter from Terri
tar O'Bey, 15184 Merriman Road, Livonia, Michigan 48154, dated December
3, 1997, requesting the installation of a left turn arrow at the intersection
of Five Mile and Merriman, the Council does hereby refer the subject of
the installation of left turn arrows at all major intersections in the City to
the Traffic Commission for its report and recommendation
#4-98 RESOLVED, that having considered a letter from Jill Wood,
Publicity Chairperson of the Clarenceville Athletic Boosters Club, dated
December 15, 1997, which requests permission to display wire signs
announcing the Clarenceville High School Annual Craft Show to be held
on Saturday, March 28, 1998, which signs are to be 14" x 22" in size and
which will be displayed at all major intersections in the City from March
14, 1998, through March 29, 1998, the Council does hereby grant and
approve this request in the manner and form herein submitted
#5-98 RESOLVED, that having considered a letter from the
President of the Livonia Anniversary Committee, Inc., dated December
11, 1997, which submits a request for approval of the following items
1 The issuance of a permit to Pugh Shows to conduct carnival
amusement rides at Henry Ford Field as part of this year's SPREE
'48 Celebration, on June 23, 24, and 25, 1998, from 2:00 p m to
midnight and on June 26, 27 and 28, 1998, from 12 00 noon to
midnight;
2 The issuance of a permit to the Anniversary Committee to conduct
a circus or lumberjack show on June 23-28, 1998, at Ford Field,
3 Authorization of the Anniversary Committee to conduct a fireworks
display at Veterans' Park to be held on Sunday, June 28, 1998, at
1000 p m , which display will be fired by American Fireworks, Inc.,
subject to providing liability insurance for this event and subject to
the City of Livonia and the Livonia Anniversary Committee, Inc.
being designated as additional insured on their policy;
4 Authorization of the Livonia Anniversary Committee to use and/or
lease the facilities at Henry Ford Field, Veterans' Park and the
Eddie Edgar Arena during the period of the SPREE '48 celebration
in accordance with the fees/waivers grid for events co-sponsored
by the City of Livonia, and
5 A waiver of all fees prescribed by ordinance or law with respect to
items 2 and 3 above, as well as a waiver of all vendors' license
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fees for community organizations and/or groups authorized to
participate in SPREE '48 by the Anniversary Committee,
the Council does hereby concur in and approve the foregoing requests,
and the City Clerk and all other appropriate City officials and agencies are
hereby requested to do all things necessary or incidental to the full
performance of this resolution.
#6-98 RESOLVED, that the Council does hereby refer the subject
of the exhibition of circus animals at the SPREE '48 Celebration to the
Department of Law for its report and recommendation
#7-98 RESOLVED, that having considered a letter from the
President of the Livonia Anniversary Committee, Inc., dated December
11, 1997, which submits a request for permission to display banners
advertising SPREE '48 on Farmington Road and Five Mile Road from
June 1, 1998, through June 28, 1998, and to display 4' x 8' signs at City
Hall and Ford Field from June 1, 1998, through June 28, 1998, the
Council does hereby approve of this request at no additional cost to
SPREE, and the City Clerk and all other appropriate City officials and
agencies are hereby requested to do all things necessary or incidental to
the full performance of this resolution.
#8-98 RESOLVED, that the Council does hereby refer the subject
of the size of signage for charitable organizations and the Sign Ordinance
in general to the Committee of the Whole for its report and
recommendation
#9-98 RESOLVED, that having considered a letter from the
President of the Livonia Anniversary Committee, Inc., dated December
11, 1997, wherein it is requested that the following City streets be closed
to through traffic from 8 00 a.m on June 22, 1998, through 12:00 noon on
June 29, 1998 (Monday through Monday)
Stark Road from the Family Y, 14255 Stark to Lyndon
Lyndon from Farmington Road to Stark Road
the Council does hereby concur in and grant this request in the manner
and form herein submitted, FURTHER, the Council does hereby request
that the Wayne County Road Commission close Farmington Road from
Five Mile Road to Schoolcraft Road on June 28, 1998, between the hours
of 8 00 p m and 11 30 p m. or until the road is returned to normal traffic
operation in connection with the annual SPREE fireworks display, and
does hereby authorize the City of Livonia to assume liability for any
damage claims which may arise as a result of the road closure, and that
Lieutenant Kevin Dawley is hereby designated and authorized to sign the
road closure permit on behalf of the City of Livonia, the action taken
herein being made subject to the approval of the Police Department, Fire
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Department and Wayne County; and to the extent possible, SPREE is
requested, in conjunction with the Police Department, to do all things
necessary to alleviate traffic problems for the residents of Stoneleigh
Village Subdivision during the 1998 Anniversary Celebration
#10-98 RESOLVED, that having considered a communication from
the City Assessor, dated December 5, 1997, which bears the signature of
the Director of Finance and is approved for submission by the Mayor, and
in accordance with Chapter VIII, Section 6 of the Charter of the City of
Livonia, the Council does hereby determine to approve the following
dates for the Board of Review to conduct public hearings in 1998, which
public hearings are to be conducted in the conference room of the City
Assessor on the first floor of the Livonia City Hall, 33000 Civic Center
Drive, Livonia, Michigan 48154
FIRST SESSION
Tuesday March 3, 1998 1 30 p m. - 4 30 p m.
Wednesday March 4, 1998 9.00 a.m. - 12 00 p m 1.30 p m - 4 30 p m.
Friday March 6, 1998 9.00 a.m - 12:00 p m. 1 30 p m. - 4 30 p m.
Saturday March 7, 1998 9.00 a m. - 1 00 p m
SECOND SESSION
Monday March 9, 1998 1'00 p m - 8 00 p m
Tuesday March 10, 1998 1 30 p m. - 4 30 p m.
Wednesday March 11, 1998 9.00 a.m. - 12 00 p m 1 30 p m - 4 30 p m
Friday March 13, 1998 9.00 a.m. - 12:00 p m. 1 30 p m - 4 30 p m
Saturday March 14, 1998 9'00 a m - 1 00 p m.
FURTHER, the Council does hereby determine that the daily rate of
compensation to be paid to the members of the Board of Review shall be
$120 00 for the Chairperson and $100 00 for other members.
Pursuant to Public Act No 165, Public Acts of 1971, we hereby give
notice that the following tentative ratios and multipliers will be used to
determine the State Equalized Value (S E V ) for the year 1998
CLASS RATIO S.E.V. FACTOR (MULTIPLIER)
Agricultural 50 00 1 0000
Commercial 50 00 1 0000
Industrial 50 00 1 0000
Residential 50 00 1 0000
Personal 50 00 1 0000
#11-98 RESOLVED, that having considered a communication from
the Director of Community Resources, dated December 10, 1997, which
bears the signature of the Director of Finance and is approved for
submission by the Mayor, the Council does, for and on behalf of the City
of Livonia, accept a grant in the amount of$7,740 00 from the Senior
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Alliance for Senior Center staffing for the fiscal years 1998 through 2000;
FURTHER, the Council does, for and on behalf of the City of Livonia,
authorize the Mayor and City Clerk to execute the attached agreement
with the Senior Alliance in connection with this grant.
A communication from the Office of the City Clerk, dated December 19,
1997, re. collection of the Livonia Public Schools School District taxes (one-half
commencing July 1, 1998 with the summer tax collection and the remaining one-half of
the taxes with the winter collection) was received and placed on file for the information
of the Council
A communication from the Office of the City Clerk, dated December 19,
1997, re collection of the Oakland Schools School District taxes (summer collection)
was received and placed on file for the information of the Council
#12-98 RESOLVED, that having considered a communication from
the Fire Chief, dated December 4, 1997, the Council does, for and on
behalf of the City of Livonia, accept a cash donation in the amount of
$15,000 00 from the Hearts of Livonia, the same to be appropriated to
Account#101-000-698-000 and #101-338-979-000 for the purchase of
five new automated defibrillators for use by the Fire Department.
#13-98 RESOLVED, that having considered the report and
recommendation of the Fire Chief, dated December 5, 1997, which bears
the signature of the Director of Finance and is approved for submission
by the Mayor, and to which is attached a letter from Douglass Safety
Systems, dated November 26, 1997, the Council does hereby authorize
the purchase of eleven (11) additional units of Self-Contained Breathing
Apparatus (SCBA) and seven (7) carrying cases for use by the Fire
Department from Douglass Safety Systems, 4018 Estey Road, Rhodes,
Michigan 48652, in the amount of $20,492 12, FURTHER, the Council
does hereby authorize the action herein without competitive bidding for
the reasons indicated in the aforesaid communication, and such action is
taken in accordance with the provisions set forth in Section 3 04 140D4
of the Livonia Code of Ordinances, as amended
A communication from the Inspection Department, dated December 11,
1997, re administrative response to CR 960-97 - use of the property located at 12275
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Inkster Road (Cliff Green Sales, Inc.) -was received and placed on file for the
L information of the Council
#14-98 RESOLVED, that having considered the report and
recommendation of the Director of Inspection, dated December 16, 1997,
which bears the signature of the Director of Finance and is approved for
submission by the Mayor, the Council does hereby approve the extension
of the Weed Cutting Contract 95-N, commencing January 1, 1998, and
expiring on December 31, 1998, with Covington Contracting, Inc., 14872
Farmington Road, Livonia, Michigan 48154, under the same rates, terms
and conditions as the 1995 contract; FURTHER, the Council does hereby
authorize an advance in the contract amount from the Municipal Refuse
Fund Account for the purpose of making payments to the contractor as
the work is completed, with the provision that the Municipal Refuse Fund
Account be reimbursed as bills for weed cutting are collected; and the
Director of Inspection is hereby authorized to approve minor adjustments
in the work as it becomes necessary; and the City Clerk is hereby
authorized to do all things necessary or incidental to the full performance
of this resolution, FURTHER, the Council does hereby authorize the
action herein without competitive bidding in accordance with Section
3 04 140D4 of the Livonia Code of Ordinances, as amended.
#15-98 RESOLVED, that having considered the report and
recommendation of the Superintendent of Public Service and the Director
of Public Works, dated December 3, 1997, which bears the signature of
the Director of Finance and is approved for submission by the Mayor, the
Council does hereby repeal and rescind Council Resolution 220-97 based
1 upon the fact that Suburban Transport, Inc. is unable to continue its
contract to supply aggregates to the City of Livonia due to serious illness;
FURTHER, the Council does hereby accept the following low bids which
meet specifications for supplying the Public Service Division (Road
Maintenance Section) with materials specified at the unit prices bid per
ton for the period of one year after the date of Council acceptance
a. Hayball Transport, Inc., 12550 Farmington Road, Livonia, Michigan
48150.
M.D 0 T -21AA - Limestone $ 7 42 per ton
M.D 0 T - 22A 6 47 per ton
W C R.0 -22X 5 45 per ton
W C R.0 - 3A 8 42 per ton
W C R.0 - 30A (Slag) 7 82 per ton
W C R.0 - Porous Backfill - Grade A
4 57 per ton
W C R.0 - Porous Backfill - Grade B
7 97 per ton
iii... W C R.0 - 2NS - Natural Sand 6 22 per ton
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b R. D Shelby Trucking Co , 4950 Technical Drive, Milford, Michigan
48381
W C R.0 - 3X
$ 8 75 per ton
W C R.0 - 2MS - Mortar Sand
7 75 per ton
60-40 Washed - Conc. Aggregates 10 05 per ton
c. Waterland Trucking Service, Inc., 29100 Wixom Road, P 0 Box
930335, Wixom, Michigan
Pea Gravel $ 9 25 per ton
#16-98 RESOLVED, that having considered the report and
recommendation of the Superintendent of Public Service and the Director
of Public Works, dated December 17, 1997, which bears the signature of
the Director of Finance and is approved for submission by the Mayor, the
Council does hereby accept the unit price bid of Davey Tree Expert
Company, 8250 Ronda, Canton Township, Michigan 48187, for
completing all work required in area 1 in connection with the City's 1998
Municipal Tree Trimming Program for the estimated total cost of
$118,080 00, based upon the Public Service Division's estimate of units
involved; FURTHER, the Council does hereby accept the unit price bid of
Paul Bunyan Tree-All Pro, 19230 W Eight Mile Road, Southfield,
Michigan 48075, for completing all work required in areas 2
($103,825 00), 3 ($108,075 00) and 4 ($64,590 00) in connection with the
City's 1998 Municipal Tree Trimming Program for the estimated total cost
of $276,490 00, based upon the Public Service Division's estimate of
units involved, and subject to final payment based upon the actual units
completed in accordance with the unit prices accepted herein, said
estimated cost and unit prices having been in fact the lowest bids
received for this item, 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 contracts for and on behalf of the City of Livonia with the
aforesaid bidders and to do all other things necessary or incidental to the
full performance of this resolution
A communication from the Division of Police, dated December 3, 1997, re
administrative response to CR 921-97 - change of procedure regarding licensing of
public vehicles -was received and placed on file for the information of the Council
#17-98 RESOLVED, that having considered the report and
recommendation of the Department of Law, dated December 16, 1997,
approved for submission by the Mayor, submitted pursuant to Council
Resolution 963-97, regarding a proposed amendment to Section 040 of
Title 2, Chapter 26 of the Livonia Code of Ordinances, as amended, to
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authorize the Director of Building Inspection or the Senior Building
Inspector to issue appearance tickets if there is reasonable cause to
believe that a person has violated an ordinance which the Department of
Inspection is authorized to enforce, the Council does hereby refer this
item to the Committee of the Whole for its report and recommendation
#18-98 RESOLVED, that having considered the report and
recommendation of the City Engineer, dated December 2, 1997, which
bears the signature of the Director of Finance, is approved by the Director
of Public Works and is approved for submission by the Mayor, the Council
does hereby accept the unit price bid of Detroit Concrete Products, 4900
McCarthy Drive, Milford, Michigan 48381, for completing all work required
in connection with the Idyl Wyld Parking Lot Reconstruction Project
(Contract 97-R) for the estimated total cost of$84,848 48 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 the expenditure of a sum not to exceed $84,848 48
from funds already budgeted for this purpose in Account No 401-000-
974-050 (Capital Projects), 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
#19-98 RESOLVED, that having considered the report and
recommendation of the City Engineer, dated December 3, 1997, approved
by the Director of Public Works and approved for submission by the
Mayor, the Council does hereby authorize the release to Kaftan
Enterprises, Inc., 25505 West Twelve Mile Road, Suite 2600, Southfield,
Michigan 48034-8338, the proprietor of Brookview Park Condominiums,
located in the Southeast 1/4 of Section 11, of the financial assurances
previously deposited with respect to the cash refundable bond for the
asphalt wearing course on Brookview Drive in the sum of$6,775 00; and
the action herein being taken is for the reasons indicated in the
aforementioned report of the City Engineer that the improvement has
been satisfactorily installed in accordance with the rules and regulations
and ordinances of the City of Livonia
#20-98 RESOLVED, that having considered the report and
recommendation of the City Engineer, dated December 10, 1997, which
bears the signature of the Director of Finance, is approved by the Director
of Public Works and is approved for submission by the Mayor, the Council
does hereby authorize an additional payment in the amount of$11,212.33
to Nagle Paving Company, 30630 West Twelve Mile Road, Suite A,
Farmington Hills, Michigan 48334, which sum includes the full and
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complete amount to cover the additional cost at the Ford Field Parking Lot
Reconstruction, which work was authorized to be performed in Council
Resolution 136-97, adopted on February 26, 1997, and which sum
includes additional paving work done along the side of Eddie Edgar Arena
and additional items encountered during the construction of the parking
lots, and the Council does hereby appropriate and authorize the
expenditure of the additional sum of$11,212 33 from Account No 401-
000-974-050 (Capital Improvement Fund - Parking Lot Paving) for this
purpose, and the City Clerk and City Treasurer are hereby authorized to
do all things necessary or incidental to the full performance of this
resolution.
A communication from the Planning Department, dated December 1,
1997, re forwarding the "Capital Improvement Program 1998-2003" was received and
placed on file for the information of the Council
#21-98 RESOLVED, that having considered a communication from
the Planning Department, dated December 1, 1997, to which is attached
the "Capital Improvement Program 1998-2003", the Council does hereby
refer this item to the Capital Improvement Committee for its report and
recommendation.
#22-98 RESOLVED, that having considered a communication from
the City Planning Commission, dated December 17, 1997, which
transmits its resolution 12-200-97, adopted on December 16, 1997, with
regard to Petition 97-10-2-29, submitted by Bill Knapp's Michigan, Inc.
requesting waiver use approval to remodel the existing building, add a
vestibule, canopy and outdoor seating area to the building located on the
south side of Six Mile Road between 1-275 and Newburgh Road in the
Northeast 1/4 of Section 18, which property is zoned C-2, the Council
does hereby concur in the recommendation made by the City Planning
Commission and Petition 97-10-2-29 is hereby approved and granted,
subject to the following conditions
1 That the Site Plan dated October 14, 1997, prepared by DBA,
Dietrich, Bailey and Associates, P C , Architects, which is hereby
approved, shall be adhered to,
2. That the landscaping shown on the Site Plan dated October 14,
1997, prepared by DBA, Dietrich, Bailey and Associates, P C ,
Architects, which is hereby approved, shall be installed prior to
final inspection and shall thereafter be maintained in a healthy
condition,
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3 That the Building Elevation Plans marked Sheet A3 and A4 dated
September 12, 1997, prepared by R.0 I Design, which are hereby
approved, shall be adhered to, and
4 That the total number of customer seats to be placed in the outdoor
seating area shall not exceed 16 seats.
#23-98 RESOLVED, that having considered a letter from Charles G.
Tangora, Brashear, Tangora and Spence, LLP, representing the
Costantino Del Signore Foundation and the Italian American Club of
Livonia, dated January 5, 1998, the Council does hereby take this means
to indicate that the Costantino Del Signore Foundation is recognized as a
non-profit organization operating within the community, the action being
taken hereby to afford the Costantino Del Signore Foundation an
opportunity to obtain a gaming license or registration from the State of
Michigan in accordance with provisions of state statute
#24-98 RESOLVED, that having considered a request from
Councilmember Joe Laura, the Council does hereby refer the subject of
personal utilization of City vehicles to the Finance, Insurance and Budget
Committee for its report and recommendation.
#25-98 RESOLVED, that having considered a request from
Councilmember Joe Laura, the Council does hereby refer the subject of a
Bentley Center Task Force to the City Council/Schools Liaison Committee
for its report and recommendation
#26-98 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 XXIII of Ordinance 543, as amended, the Zoning Ordinance of the
City of Livonia, the Council does hereby determine that a public hearing
will take place before the City Council of the City of Livonia on Monday,
February 23, 1998, at 8 00 p m. at the City Hall, 33000 Civic Center Drive,
Livonia, Michigan, with respect to the following items:
(1) Petition 97-11-6-7, submitted by the City Planning Commission, to
determine whether or not to amend Article IX (OS District
Regulations) and Article XXVI (P 0 District Regulations) of Zoning
Ordinance No 543, as amended, to provide for fitness
centers/health clubs as waiver uses, the City Planning Commission
in its resolution 12-202-97 having recommended to the City
Council that Petition 97-11-6-7 be approved;
(2) Petition 97-9-1-17, submitted by Stanley and Antonina Kuzon, for a
change of zoning of property located on the south side of Clarita
Avenue between Middlebelt Road and Melvin Avenue in the
Northeast 1/4 of Section 11, from R-5 to R-1, the City Planning
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Commission in its resolution 12-196-97 having recommended to
the City Council that Petition 97-9-1-17 be approved,
(3) Petition 97-11-1-19, submitted by Manor Care Health Services,
ea* Inc., for a change of zoning of property located on the north side of
Seven Mile Road, east of Mayfield, in the Southwest 1/4 of Section
3, from R-3A to R-9, the City Planning Commission in its resolution
12-197-97 having recommended to the City Council that Petition
97-11-1-19 be approved; and
(4) Petition 97-11-1-20, submitted by Steven and Pamela Pokornicki,
Sonja Styles, Robert M Carter and Paul W Cox, for a change of
zoning of property located on the west side of Oporto Avenue
between Morlock and Norfolk in the Northeast 1/4 of Section 2,
from RUFA to R-2, the City Planning Commission in its resolution
12-198-97 having recommended to the City Council that Petition
97-11-1-20 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 amendments to the
Zoning Ordinance, and/or (b) location of the proposed changes of zoning
as set forth above, first to be published in the official newspaper of the
City or a newspaper of general circulation in the City of Livonia as well as
to, not less than fifteen (15) days prior to said public hearing, cause to
have notice to be given by certified mail to each public utility company
and to each railroad company owning or operating any public utility or
railroad within the districts or zones affected, and FURTHER, the City
Clerk is requested to do all other things necessary or incidental to the full
performance of this resolution
#27-98 RESOLVED, that having considered a communication from
the City Engineer, dated December 29, 1997, approved for submission by
the Mayor, and submitted pursuant to Council Resolution 405-97, and the
City Engineer having ascertained the assessed valuation of all property
affected by the proposed paving of the parking area in front of the
Kingston Terrace Condominiums located on the west side of Middlebelt
Road between Orangelawn and Robert Drive, and such report having
indicated the number of parcels which show tax delinquencies, the
number of parcels owned by public authorities, the number of parcels
which are vacant, and having prepared and caused to be prepared plans
and specifications therefor and an estimate for the cost thereof, and to file
the same with the City Clerk together with his recommendation as to what
proportion of the cost should be paid by special assessment and what
part, if any, should be a general obligation of the City, the number of
installments in which assessments may be paid and the lands which
should be included in the proposed special assessment district, and it
appearing to the Council that all of such information, estimate, plans,
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specifications and recommendations have been properly filed by the City
Engineer with the City Clerk under date of December 29, 1997, and that
there has been a full compliance with all of the provisions of Section
3 08 060 of the Livonia Code of Ordinances, as amended, the Council
does hereby set Wednesday, February 18, 1998, at 7 00 p m. as the date
and time for a public hearing on the necessity for such proposed
improvement, which public hearing shall be held before the Council in the
Livonia City Hall, 33000 Civic Center Drive, Livonia, Michigan, pursuant
to Section 3 08 070 of said Livonia Code of Ordinances, as amended, and
the City Clerk is hereby authorized to give notice and publication of such
hearing as is required by Section 3 08 070 of said Code
A roll call vote was taken on the foregoing resolutions with the following result:
AYES Duggan, Laura, Brosnan, Vandersloot, Pastor, and Engebretson.
NAYS None
On a motion by Duggan, seconded by Laura, and unanimously adopted, it
was
#28-98 RESOLVED, that having considered a letter from the
Michigan Liquor Control Commission, dated April 8, 1997, and the report
and recommendation of the Chief of Police, dated December 23, 1997, in
connection therewith, the Council does hereby recommend approval of
the request from Marriott Diversified American Hotels, Limited Partnership
(a Delaware Limited Partnership) to drop Marriott International, Inc. (a
Delaware Corporation), as co-licensee and add Marriott Hotel Services,
Inc. (a Delaware Corporation) as co-licensee in 1996 12 Months Resort
B-Hotel licensed business with Dance Permit and 224 rooms located at
17100 Laurel Park, Livonia, Michigan 48152, Wayne County; and the
City Clerk is hereby requested to forward a certified copy of this resolution
to the Michigan Liquor Control Commission
The "Proposed Schedule for Livonia DDA Bonds and Building Authority
Bonds" re the Plymouth Road Development Authority Plan Amendment was received
and placed on file for the information of the Council
The "Michigan Bond Financing Fundamentals," presented to the Livonia
City Council on January 6, 1998, by Miller, Canfield, Paddock and Stone, P L.0 , re
Fire Station bonds was received and placed on file for the information of the Council
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A communication from the Office of the Mayor, dated January 7, 1998, re
administrative response to CR 979-97 - negotiations/proposed agreement(s) with
for advanced life support providers on an interim basis not to exceed 18 months - was
received and placed on file for the information of the Council
On a motion by Brosnan, seconded by Duggan, and unanimously
adopted, it was:
#29-98 RESOLVED, that having considered the report and
recommendation of the Committee of the Whole, dated January 6, 1998,
submitted pursuant to Council Resolution 973-96, and the report and
recommendation of the Mayor, dated January 7, 1998, submitted pursuant
to Council Resolution 979-97, regarding a proposed contract with
Community Emergency Medical Service (CEMS) to provide advanced life
support services on an interim basis, the Council does hereby accept the
proposal submitted by Community Emergency Medical Service, 24500
West Eight Mile, Southfield, Michigan 48034, for providing advanced life
support services for a period not less than ten (10) months and no longer
than eighteen (18) months from the date of execution of a contract with
the City of Livonia; 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 company and to do all things necessary or incidental to the full
performance of this resolution, FURTHER, the Council does hereby
determine to accept such proposal without competitive bidding for the
reasons indicated in the aforesaid communication, and such action is
taken in accordance with the provisions set forth in Section 3 04 140D4 of
the Livonia Code of Ordinances, as amended.
At the direction of the Chair, Agenda Item 29d re the City Council
Organizational Discussion was postponed until the Regular Meeting of January 28,
1998.
The Chair called for a Second Reading and Roll Call Vote with respect to
the proposed amendment to Section 290 of Title 2, Chapter 97 (The City of Livonia
Employees Retirement System Defined Contribution Plan) of the Livonia Code of
Ordinances, as amended. As none was offered, the matter died for lack of support.
30683
On a motion by Vandersloot, seconded by Laura, and unanimously
adopted, it was
#30-98 RESOLVED, that the Council does hereby determine to take
no further action with respect to the proposed amendment to Section 290
of Title 2, Chapter 97 (The City of Livonia Employees Retirement System
Defined Contribution Plan) of the Livonia Code of Ordinances, as
amended, regarding transition rules relating to first plan year and
employees transferring from the City of Livonia Retirement Defined
Benefit Plan pursuant to Ordinance 2 96 010 et seq
On a motion by Brosnan, seconded by Vandersloot, and unanimously
adopted, it was
#31-98 RESOLVED, that having considered a letter from Kevin R.
Crute, President/Owner of Crucam, Inc./KEV, Inc., 38099 Schoolcraft
Road, Livonia, Michigan 48150, dated December 16, 1997, in connection
with Industrial Facility Exemption Certificate No 95-493, the application
for same having previously been approved by Council Resolution 657-95,
and to which is attached a revised statement showing the actual cost of
the project which is more than 10% greater than the estimated amount,
the Council does hereby approve the revision in the original estimated
cost of building improvements, furniture and fixtures from $3,560,000 00
to $3,939,721 00
A communication from the Public Service Division, dated January 9, 1998,
re additional information pertaining to the purchase of nine (9) replacement vehicles
for the Inspection Department was received and placed on file for the information of the
Council
On a motion by Brosnan, seconded by Laura, and unanimously adopted,
it was
#32-98 RESOLVED, that having considered the report and
recommendation of the Superintendent of Public Service and the Director
of Public Works, dated December 17, 1997, 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 nine (9) 1998 Chevrolet
Cavalier 4-door sedans from Berger Chevrolet, 2525 28th Street, S E.,
Grand Rapids, Michigan 49512, for a total cost of$99,693 00, including
delivery, the same to be expended from funds already budgeted for this
purpose in P S Sanitation (Vehicles) Account No 205-527-985-000;
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FURTHER, the Council does hereby determine to authorize the said
purchase without competitive bidding inasmuch as the same is based
upon the low State of Michigan bid price (under contract No
071 B8000281), as well as for the additional reasons indicated in the
aforesaid communication, and such action is taken in accordance with the
provisions set forth in Section 3 04 140D4 of the Livonia Code of
Ordinances, as amended; FURTHER, the Council does hereby authorize
the disposal of nine (9) surplus City-owned vehicles at public auction after
receipt of the new vehicles
A communication from the Public Service Division, dated January 9, 1998,
re additional information on the request to purchase two (2) 1998 mini vans, six (6)
1998 3/4 ton heavy duty pickup trucks and two (2) 19981/2 ton pickup trucks as
replacement vehicles throughout the City was received and placed on file for the
information of the Council
On a motion by Duggan, seconded by Brosnan, and unanimously
adopted, it was.
#33-98 RESOLVED, that having considered the report and
recommendation of the Superintendent of Public Service and the Director
of Public Works, dated December 17, 1997, which bears the signature of
the Director of Finance and is approved for submission by the Mayor, the
Council does hereby authorize the purchase of.
1 Two (2) 1998 Dodge Caravan mini vans in the amount of
$16,717 15 each, for a total cost of$33,434 30, to be assigned to
the Assessor's Office and the City Clerk's Office,
2. Six (6) 1998 BR 2500/BR 2L62 pickup trucks in the amount of
$17,605 41 each, for a total cost of$105,632 46, to be assigned to
the Public Service Division (one to the Equipment Maintenance
Section, two to the Roads Maintenance Section, three to the Parks
Maintenance Section),
3. Two (2) 1998 1/2 ton Dakota pickup trucks in the amount of
$12,811 81 each, for a total cost of$25,623 62, to be assigned to
the Engineering Division,
from Snethkamp's Lansing Dodge, 6131 South Pennsylvania Avenue,
Lansing, Michigan 48911, in the total amount of$164,690 38, including
delivery, the same to be expended from funds already budgeted for this
purpose in Equipment Maintenance Capital Outlay Account No 101-446-
30685
985-000; FURTHER, the Council does hereby determine to authorize the
said purchases without competitive bidding inasmuch as the same is
based upon the low State of Michigan bid price (under Contract No
07168000287), as well as for the additional reasons indicated in the
aforesaid communication, and such action is taken in accordance with
the provisions set forth in Section 3 04 140D4 of the Livonia Code of
Ordinances, as amended, FURTHER, the Council does hereby authorize
the disposal of ten (10) surplus City-owned vehicles at public auction after
receipt of the new vehicles
On a motion by Vandersloot, seconded by Pastor, and unanimously
adopted, it was
#34-98 RESOLVED, that having considered the report and
recommendation of the Chief of Police, dated December 18, 1997, 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 11 patrol vehicles from Signature Ford, 1960 E Main,
Owosso, Michigan 48867, for a total price of$219,791 00; one (1)
Weighmaster vehicle from Shaheen Chevrolet Inc., 3901 S Martin Luther
King Boulevard, Lansing, Michigan 48910, for a total price of$26,000 00;
one (1) Intelligence Bureau vehicle from Buff Whelan Chevrolet, 40445
Van Dyke, Sterling Heights, Michigan 48313, for a total price of
$14,611 88, one (1) Rangemaster vehicle, three (3) Intelligence Bureau
vehicles and five (5) Investigative Division vehicles from Red Holman
Pontiac, 35300 Ford Road, Westland, Michigan 48185, for a total price of
$182,598 75, the total amount of $443,001 63 to be expended from funds
already budgeted for this purpose, FURTHER, the Council does hereby
determine to authorize the said purchase without competitive bidding
inasmuch as the same is based upon the low State of Michigan bid price
and the low Oakland County and Macomb County consortium bids, and
such action is taken in accordance with the provisions set forth in Section
3 04 140D4 of the Livonia Code of Ordinances, as amended
Duggan left the podium at 8 21 p m due to a conflict of interest on the next Agenda
item.
On a motion by Brosnan, seconded by Pastor, it was
#35-98 RESOLVED, that having considered the report and
recommendation of the City Engineer, dated December 10, 1997, which is
approved by the Director of Public Works and is approved for submission
by the Mayor, the Council does hereby amend Item No 7 of Council
Resolution 167-97, adopted on February 26, 1997, so as to reduce the
financial assurances now on deposit with the City for General Bond
Improvements in Cross Winds Court Subdivision located in the Southwest
1/4 of Section 11 to $4,620 00 (all cash) to cover the cost of remaining
30686
general improvements in said subdivision, and the financial assurances
now on deposit with the City, if any, shall be reduced accordingly;
FURTHER, all other financial assurances now on deposit with the City
shall remain the same and unchanged.
A roll call vote was taken on the foregoing resolution with the following result:
AYES Laura, Brosnan, Vandersloot, Pastor, and Engebretson.
NAYS None
The President declared the resolution adopted
Duggan returned to the podium at 8 22 p m
On a motion by Laura, seconded by Brosnan, and unanimously adopted,
it was.
#36-98 RESOLVED, that having considered a communication from
the City Planning Commission, dated December 17, 1997, which
transmits its resolution 12-204-97, adopted on December 16, 1997, with
regard to a Sign Permit Application submitted by A-1 Signs, Inc., on
behalf of Rio Bravo Cantina, requesting approval for signage for the
restaurant located at 19265 Victor Parkway in the Southeast 1/4 of
Section 6, the Council does hereby refer this item to the Committee of the
Whole for its report and recommendation
On a motion by Laura, seconded by Duggan, and unanimously adopted, it
was.
#37-98 RESOLVED, that having considered a communication from
the City Planning Commission, dated December 17, 1997, which
transmits its resolution 12-206-97, adopted on December 16, 1997,
requesting approval to revise Petition 95-4-2-15, submitted by Westborn
Market, which received waiver use approval to construct a fruit market on
property located on the west side of Middlebelt Road between Five Mile
Road and Linda Avenue in the Northeast 1/4 of Section 23, which plans
were previously revised in Council Resolution 474-97 on May 28, 1997,
the Council does hereby refer this item to the Committee of the Whole for
its report and recommendation
Daniel DeRemer, DeRemer & Associates, 106 S Woodward, Birmingham, MI, the
architect on this project, addressed the construction of the wall, offering to move it in 3'
due to the request of the neighboring properties
30687
On a motion by Brosnan, seconded by Duggan, and unanimously
adopted, it was:
#38-98 RESOLVED, that having considered a communication from
the City Planning Commission, dated December 17, 1997, which
transmits its resolution 12-206-97, adopted on December 16, 1997,
requesting approval to revise Petition 95-4-2-15, submitted by Westborn
Market, which received waiver use approval to construct a fruit market on
property located on the west side of Middlebelt Road between Five Mile
Road and Linda Avenue in the Northeast 1/4 of Section 23, which plans
were previously revised in Council Resolution 474-97 on May 28, 1997,
the Council does hereby refer this item to the Department of Law for its
report and recommendation on the issue of moving a barrier wall three
feet inside the property line
On a motion by Duggan, seconded by Brosnan, it was.
RESOLVED, that having considered a communication from the
City Planning Commission, dated December 17, 1997, which transmits its
resolution 12-199-97, adopted on December 16, 1997, with regard to
Petition 97-10-2-28, submitted by Rite Aid of Michigan requesting waiver
use approval to utilize an SDM and SDD license in connection with an
existing store located on the southeast corner of Eight Mile and Newburgh
Roads in the Northwest 1/4 of Section 5, which property is zoned C-1, the
Council does hereby reject the recommendation of the Planning Commission
and Petition 97-10-2-28 is hereby denied in its entirety for the following
reasons.
1 That the petitioner has failed to affirmatively show that the
proposed utilization of both an SDM and SDD license at the subject
location complies with all of the general waiver use standards and
requirements as set forth in Section 19 06 of the Zoning Ordinance
No 543,
2 That the proposed utilization of an SDM and an SDD license is
incompatible to and detrimental to the Whispering Willows Golf
Course and the Greenmead Historical Village, and
3 That there is no demonstrated need for additional SDM and/or
SDD licensed facilities in the area.
Fred Lovejoy, 427 Capitol, Lansing, MI, attorney for the petitioner, spoke to the need
for Rite-Aid to obtain a liquor license and submitted a petition containing 244
signatures of patrons of Rite Aid who are in favor of granting them an SDM and SDD
license at Eight Mile and Newburgh Roads, as well as some photographs
30688
Robert Kunkel, 36781 Curtis, owner of the property in question, spoke to a need for
Rite Aid to have an SDM license
A roll call vote was then taken on the foregoing resolution with the following result:
AYES Duggan and Brosnan
NAYS Laura, Vandersloot, Pastor, and Engebretson
The President declared the resolution denied
On a motion by Vandersloot, seconded by Pastor, it was
#39-98 RESOLVED, that having considered a communication from
the City Planning Commission, dated December 17, 1997, which
transmits its resolution 12-199-97, adopted on December 16, 1997, with
regard to Petition 97-10-2-28, submitted by Rite Aid of Michigan
requesting waiver use approval to utilize an SDM and SDD license in
connection with an existing store located on the southeast corner of Eight
Mile and Newburgh Roads in the Northwest 1/4 of Section 5, which
property is zoned C-1, the Council does hereby concur in the
recommendation made by the City Planning Commission and Petition 97-
10-2-28 is hereby approved and granted as to the use of an SDM license
only for the following reasons
1 That the proposed usage of an SDM license at the subject location
complies with all of the special and general waiver use standards
and requirements as set forth in Sections 10 03 and 19 06 of
Zoning Ordinance No 543,
2 That the subject site has the capacity to accommodate the
utilization of an SDM license,
3 That the petitioner has failed to affirmatively show that the
proposed utilization of an SDD license at the subject location
complies with all of the general waiver use standards and
requirements as set forth in Section 19 06 of Zoning Ordinance No
543,
4 That the proposed utilization of an SDD license is incompatible to
and detrimental to the Whispering Willows Golf Course and the
Greenmead Historical Village, and
5 That there is no demonstrated need for additional SDD licensed
facilities in the area
A roll call vote was taken on the foregoing resolution with the following result:
30689
AYES Laura, Vandersloot, Pastor, and Engebretson
NAYS Duggan and Brosnan.
The President declared the resolution adopted
On a motion by Laura, seconded by Duggan, and unanimously adopted, it
was.
#40-98 RESOLVED, that having considered a communication from
the City Assessor, dated November 18, 1997, approved for submission by
the Mayor, with regard to a request from Harvey Plaskov, 18720 Hillcrest,
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 determine to deny the request for
dividing Tax Item No 46-099-99-0141-000 into two (2) parcels since the
same would be in violation of the City's zoning ordinance and law, as well
as for the reason that the proposed lot split would not be consistent with
good planning and zoning practice
On a motion by Duggan, seconded by Brosnan, and unanimously
adopted, it was
#41-98 RESOLVED, that having considered the report and
recommendation of the Department of Law, dated December 29, 1997,
approved for submission by the Mayor, in connection with the extension of
the contract with MAT Court Recording & Court Services, the Council
does hereby refer this matter to the Director of Finance and the
Department of Law for their review and approval of the proposed contract
extension
On a motion by Pastor, it was
RESOLVED, that having considered the report and
recommendation of the Department of Law, dated December 29, 1997,
approved for submission by the Mayor, in connection with the extension of
the contract with MAT Court Recording & Court Services, the Council
does hereby repeal and rescind Council Resolution 1048-97
The President declared the motion failed for lack of support.
On a motion by Duggan, seconded by Laura, and unanimously adopted, it
was.
30690
#42-98 WHEREAS, the City Clerk has received an Application for
Industrial Facilities Exemption Certificate from Kelsey-Hayes, dated
October 15, 1997, covering new industrial facilities to be located within
City of Livonia Industrial Development District No 46, and
WHEREAS, the City Clerk has notified in writing the Assessor of the City
of Livonia as well as the legislative body of each taxing unit which levies
ad valorem property taxes in the local governmental unit in which the
proposed facility is to be located, i e , the City of Livonia, and advised
each of them that the said Application has been received, and
WHEREAS, the City Council has afforded Kelsey-Hayes, the Assessor,
and a representative of each of the affected taxing units an opportunity for
a hearing on this Application and said hearing having in fact been
conducted at 7 00 p m., on Monday, December 15, 1997, at the Livonia
City Hall, 33000 Civic Center Drive, Livonia, Michigan.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
LIVONIA AS FOLLOWS
1 That the City Council, on the basis of the information received from
the applicant, Kelsey-Hayes, finds and determines (a) that the
granting of this industrial facilities exemption certificate shall not
have the effect of substantially impeding the operation of the local
governmental unit or impairing the financial soundness of any
taxing unit which levies an ad valorem property tax in the local
governmental unit in which the facility is to be located, and (b) the
applicant has fully complied with the requirements of Section 9, Act
No 198, P.A. 1974, as amended
2. That the City Council hereby approves the Application for Industrial
Facilities Exemption Certificate from Kelsey-Hayes covering new
industrial facilities to be located within the City of Livonia Industrial
Development District No 46 for 12 years
3 That in accordance with the requirements of Section 22, Act 198,
P.A. 1974, as amended, wherein a Letter of Agreement between
the applicant and the City is required in order to clarify the
understanding and the commitment between the applicant and the
Board upon approval of an Industrial Facility Exemption Certificate,
the Council hereby authorizes the Mayor and City Clerk to sign
such Letter of Agreement as duly executed by the applicant and
incorporate such Letter of Agreement as part of the documentation
required to process applications for industrial facility exemption
certificates
30691
A communication from Kelsey-Hayes, dated December 17, 1997, re
forwarding a revised copy of the Letter of Agreement between the City and Kelsey-
Hayes with respect to their request for an Industrial Facility Exemption Certificate was
received and placed on file for the information of the Council
On a motion by Vandersloot, seconded by Pastor, and unanimously
adopted, it was
#43-98 RESOLVED, that having considered a communication from
the City Planning Commission, dated October 22, 1997, which transmits
its resolution 10-170-97 adopted on October 14, 1997, with regard to
Petition 97-2-8-1 submitted by First Federal of Michigan, requesting site
plan approval in connection with a proposal to erect an ATM and
construct a new driveway for the bank located at 28999 Five Mile Road in
the Northwest 1/4 of Section 24, pursuant to the provisions set forth in
Section 18 58 of Ordinance No 543, as amended, and the Council having
conducted a public hearing with regard to this matter on December 15,
1997, pursuant to Council Resolution 909-97, the Council does hereby
refer this matter to the Committee of the Whole for its report and
recommendation
A communication from Nordstrom Samson Associates, the architect for
First Federal of Michigan, dated January 7, 1998, re requesting that Petition 97-2-8-1
be referred to a committee for further discussion was received and placed on file for the
information of the Council
On a motion by Brosnan, seconded by Laura, and unanimously adopted,
it was:
#44-98 RESOLVED, that having considered a communication from
the Department of Law, dated December 12, 1997, approved for
submission by the Mayor, transmitting for Council acceptance seven
Grants of Easement, more particularly described as
(1) Grant of Easement dated October 22, 1997, executed by David P
Draft, Senior Regional Director of First Industrial Realty Trust,
Inc., a Maryland Corporation, General Partner of First Industrial,
L.P , a Delaware Limited Partnership, to the City of Livonia, for.
30692
Water Main Easement:
A twelve (12) feet wide water main easement located in the South
Lone-half of Section 30, Town 1 South, Range 9 East in the City of
Livonia, Wayne County, Michigan, and the centerline of said
easement being more particularly described as follows
Commencing at the East one-quarter corner of Section 30, Town 1
South, Range 9 East, Wayne County, Michigan, thence South 88
degrees 03 minutes 32 seconds West a distance of 2058 21 feet,
thence South 01 degrees 54 minutes 24 seconds East 1670 63 feet
to a point on the Northerly right-of-way line of Plymouth (120 feet
wide) Road, thence North 76 degrees 30 minutes 44 seconds West
along the Northerly right-of-way line of Plymouth Road 969 45 feet
to the Point of Beginning of the centerline of the herein described
easement; thence North 14 degrees 43 minutes 55 seconds East
124 11 feet to the Point of Termination.
and
(2) Grant of Easement dated October 22, 1997, executed by David P
Draft, Senior Regional Director of First Industrial Realty Trust, Inc.,
a Maryland Corporation, General Partner of First Industrial, L.P a
Delaware Limited Partnership, and Anthony Muscatello, President
of Fl Development Services Corporation, a Maryland Corporation,
the General Partner of First Industrial Development Services, L.P ,
a Delaware Limited Partnership to the City of Livonia, for
Water Main Easement:
A twelve (12) feet wide water main easement located in the South
one-half of Section 30, Town 1 South, Range 9 East in the City of
Livonia, Wayne County, Michigan, and the centerline of said
easement being more particularly described as follows.
Commencing at the East one-quarter corner of Section 30, Town 1
South, Range 9 East, Wayne County, Michigan, thence South 88
degrees 03 minutes 32 seconds West a distance of 2058 21 feet;
thence South 01 degrees 54 minutes 24 seconds East 1670 63 feet
to a point on the Northerly right-of-way line of Plymouth (120 feet
wide) Road; thence North 76 degrees 30 minutes 44 seconds West
along the Northerly right-of-way line of Plymouth Road 1277 52
feet to the Point of Beginning of the centerline of the herein
described easement; thence North 01 degrees 56 minutes 29
seconds West 653 80 feet; thence North 88 degrees 03 minutes 35
seconds East 722 87 feet to a point on the centerline of an existing
twelve (12) feet wide easement and the Point of Termination.
30693
and
(3) Grant of Easement dated October 22, 1997, executed by David P
Draft, Senior Regional Director of First Industrial Realty Trust, Inc.,
a Maryland Corporation, General Partner of First Industrial, L.P , a
Delaware Limited Partnership, to the City of Livonia, for
Water Main Easement:
A twelve (12) feet wide water main easement located in the South
one-half of Section 30, Town 1 South, Range 9 East in the City of
Livonia, Wayne County, Michigan, and the centerline of said
easement being more particularly described as follows'
Commencing at the East one-quarter corner of Section 30, Town 1
South, Range 9 East, Wayne County, Michigan, thence South 88
degrees 03 minutes 32 seconds West a distance of 2058 21 feet;
thence South 01 degrees 54 minutes 24 seconds East 1670 63 feet
to a point on the Northerly right-of-way line of Plymouth (120 feet
wide) Road, thence North 76 degrees 30 minutes 44 seconds West
along the Northerly right-of-way line of Plymouth Road 1277 52
feet; thence North 01 degrees 56 minutes 29 seconds West 163 86
feet to the Point of Beginning of the centerline of the herein
described easement; thence North 88 degrees 03 minutes 35
seconds East 36 15 feet to the Point of Termination.
and
(4) Grant of Easement dated October 22, 1997, executed by David P
Draft, Senior Regional Director of First Industrial Realty Trust, Inc.,
a Maryland Corporation, General Partner of First Industrial, L.P , a
Delaware Limited Partnership, to the City of Livonia, for
Water Main Easement:
A twelve (12) feet wide water main easement located in the South
one-half of Section 30, Town 1 South, Range 9 East in the City of
Livonia, Wayne County, Michigan, and the centerline of said
easement being more particularly described as follows
Commencing at the East one-quarter of Section 30, Town 1 South,
Range 9 East, Wayne County, Michigan; thence South 88 degrees
03 minutes 32 seconds West 2058.21 feet; thence South 01
degrees 54 minutes 24 seconds East 1670 63 feet to a point on the
Northerly right-of-way line of Plymouth (120 feet wide) Road;
thence North 76 degrees 30 minutes 44 seconds West along the
Northerly right-of-way line of Plymouth Road 1277 52 feet; thence
North 01 degrees 56 minutes 29 seconds West 445 82 feet to the
30694
Point of Beginning of the centerline of the herein described
easement; thence South 88 degrees 03 minutes 35 seconds West
54 16 feet to the Point of Termination
and
(5) Grant of Easement dated October 22, 1997, executed by David P
Draft, Senior Regional Director of First Industrial Realty Trust, Inc.,
a Maryland Corporation, General Partner of First Industrial, L.P , a
Delaware Limited Partnership, to the City of Livonia, for
Water Main Easement:
A twelve (12) feet wide water main easement located in the South
one-half of Section 30, Town 1 South, Range 9 East in the City of
Livonia, Wayne County, Michigan, and the centerline of said
easement being more particularly described as follows
Commencing at the East one-quarter corner of Section 30, Town 1
South, Range 9 East, Wayne County, Michigan, thence South 88
degrees 03 minutes 32 seconds West 2058 21 feet; thence South
01 degrees 54 minutes 24 seconds East 1670 63 feet to a point on
the Northerly right-of-way line of Plymouth (120 feet wide) Road;
thence North 76 degrees 30 minutes 44 seconds West along the
Northerly right-of-way line of Plymouth Road 1277 52 feet; thence
North 01 degrees 56 minutes 29 seconds West 653 80 feet; thence
North 88 degrees 03 minutes 35 seconds East 131 15 feet to the
Point of Beginning of the centerline of the herein described
easement; thence North 01 degrees 56 minutes 25 seconds West
30 10 feet to the Point of Termination.
and
(6) Grant of Easement dated October 22, 1997, executed by David P
Draft, Senior Regional Director of First Industrial Realty Trust, Inc.,
a Maryland Corporation, General Partner of First Industrial, L.P a
Delaware Limited Partnership, and Anthony Muscatello, President
of Fl Development Services Corporation, a Maryland Corporation,
the General Partner of First Industrial Development Services, LP, a
Delaware Limited Partnership, to the City of Livonia, for
Water Main Easement:
A twelve (12) feet wide water main easement located in the South
one-half of Section 30, Town 1 South, Range 9 East in the City of
Livonia, Wayne County, Michigan, and the centerline of said
easement being more particularly described as follows.
30695
Commencing at the East one-quarter corner of Section 30, Town 1
South, Range 9 East, Wayne County, Michigan, thence South 88
degrees 03 minutes 32 seconds West 2058.21 feet; thence South
01 degrees 54 minutes 24 seconds East 1670 63 feet to a point on
the Northerly right-of-way line of Plymouth (120 feet wide) Road;
thence North 76 degrees 30 minutes 44 seconds West along the
Northerly right-of-way line of Plymouth Road 1277 52 feet; thence
North 01 degrees 56 minutes 29 seconds West 653 80 feet; thence
North 88 degrees 03 minutes 35 seconds East 359 27 feet to the
Point of Beginning of the centerline of the herein described
easement; thence North 01 degrees 56 minutes 25 seconds West
30 10 feet to the Point of Termination.
and
(7) Grant of Easement dated October 29, 1997, executed by Anthony
Muscatello, President of First Industrial Development Services
Corporation, a Maryland Corporation, General Partner of First
Industrial Development Services Corporation, a Delaware Limited
Partnership, to the City of Livonia, for
Water Main Easement:
A twelve (12) feet wide water main easement located in the South
one-half of Section 30, Town 1 South, Range 9 East in the City of
Livonia, Wayne County, Michigan, and the centerline of said
easement being more particularly described as follows
Commencing at the East one-quarter corner of Section 30, Town 1
South, Range 9 East, Wayne County, Michigan, thence South 88
degrees 03 minutes 32 seconds West 2058 21 feet; thence South
01 degrees 54 minutes 24 seconds East 1670 63 feet to a point on
the Northerly right-of-way line of Plymouth (120 feet wide) Road,
thence North 76 degrees 30 minutes 44 seconds West along the
Northerly right-of-way line of Plymouth Road 1277 52 feet, thence
North 01 degrees 56 minutes 29 seconds West 653 80 feet; thence
North 88 degrees 03 minutes 35 seconds East 567 23 feet to the
Point of Beginning of the centerline of the herein described
easement; thence South 01 degrees 56 minutes 25 seconds East
21 41 feet to the Point of Termination.
the Council does hereby, for and in behalf of the City of Livonia, accept
the aforesaid Grants of Easement 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
REVISED PAGE - SEE RECEIVE & FILE
30696
On a motion by Vandersloot, seconded by Brosnan, and unanimously
adopted, it was
#45-98 RESOLVED, that having considered a communication from
the Fire Chief, the Police Chief and the Director of Emergency
Preparedness, dated November 20, 1997, which bears the signature of
the Director of Finance and is approved for submission by the Mayor,
regarding bids received for the purchase of a Command Post Vehicle for
Fire, Police and Emergency Preparedness operations, as well as Public
Service Division operations, if needed, the Council does hereby refer this
matter to the Committee of the Whole for its report and recommendation
Communications from the Department of Law, both dated December 16,
1997, re the Master Deed and Bylaws submitted for the Gruda Site condominiums
(Petition 97-11-8-23), as well as a general description of the site condominium approval
process, were received and placed on file for the information of the Council
On a motion by Laura, seconded by Duggan, and unanimously adopted, it
was:
#46-98 RESOLVED, that having considered a communication from
the City Planning Commission, dated December 1, 1997, which transmits
its resolution 11-195-97 adopted on November 25, 1997, with regard to
Petition 97-11-8-23 submitted by Zef lvezaj, requesting site plan approval
in connection with a proposal to construct a site condominium
development on property located on the west side of Henry Ruff Road
between Six Mile Road and Puritan Avenue in the Northeast 1/4 of
Section 14, pursuant to the provisions set forth in Section 18 47 of
Ordinance No 543, as amended, the Council does hereby refer the
subject of the elevation plans to the Streets, Roads and Plats Committee
for its report and recommendation
On a motion by Laura, seconded by Duggan, and unanimously adopted, it
was
#47-98 RESOLVED, that having considered a communication from
the City Planning Commission, dated December 1, 1997, which transmits
its resolution 11-195-97 adopted on November 25, 1997, with regard to
Petition 97-11-8-23 submitted by Zef lvezaj, requesting site plan approval
in connection with a proposal to construct a site condominium
development on property located on the west side of Henry Ruff Road
between Six Mile Road and Puritan Avenue in the Northeast 1/4 of
30697
Section 14, pursuant to the provisions set forth in Section 18 47 of
Ordinance No 543, as amended, the Council does hereby refer the
subject of the site condominium approval process to the Streets, Roads
and Plats Committee for its report and recommendation
On a motion by Duggan, seconded by Brosnan, and unanimously
adopted, it was
#48-98 RESOLVED, that having considered a communication from
the Director of Community Resources, dated December 9, 1997, which
bears the signature of the Director of Finance and is approved for
submission by the Mayor, the Council does, for and on behalf of the City
of Livonia, accept a cash donation in the amount of$1,000 00 from the
Hearts of Livonia, the same to be appropriated and credited to Account
#702-000-285-215 for use in connection with the Livonia Youth
Assistance Program
On a motion by Laura, seconded by Vandersloot, it was.
#49-98 RESOLVED, that having considered a communication from
the Department of Law, dated January 7, 1998, the Council does hereby,
by a two-thirds roll call vote in accordance with Section 7(1) of the Open
Meetings Act, direct that a closed Committee of the Whole meeting be
held Tuesday, January 20, 1998, at 7 00 p m. for the purposes of
discussing 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, Vandersloot, Pastor, and Engebretson
NAYS None
The President declared the resolution adopted.
A communication from John R. Pastor, received by the City Council Office
on December 29, 1997, re indicating his resignation from the City of Livonia Zoning
Board of Appeals effectively immediately was received and placed on file for the
information of the Council
On a motion by Brosnan, seconded by Laura, and unanimously adopted,
it was.
30698
#50-98 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.
Duggan left the podium at 9.02 p m due to a conflict of interest.
On a motion by Brosnan, seconded by Laura, it was
#51-98 RESOLVED, that having considered the report and
recommendation of the City Engineer, dated January 8, 1998, which is
approved by the Director of Public Works and approved for submission by
the Mayor, the Council does hereby amend item no 7 of Council
Resolution 968-97, adopted on November 19, 1997, so as to reduce the
financial assurances now on deposit with the City for general
improvements in the Kenwood Subdivision, located in the Northwest 1/4
of Section 2, to $2,310 00 of which at least $500 00 shall be in cash, to
cover the cost of remaining general improvements in said subdivision,
and the financial assurances now on deposit with the City, if any, shall be
reduced accordingly; FURTHER, all other financial assurances now on
deposit with the City, including the Sidewalk Improvement Bond, shall
remain the same and unchanged
A roll call vote was taken on the foregoing resolution with the following result:
AYES Laura, Brosnan, Vandersloot, Pastor, and Engebretson.
NAYS None.
The President declared the resolution adopted
Duggan returned to the podium at 9.03 p m.
On a motion by Pastor, seconded by Brosnan, and unanimously adopted,
it was:
#52-98 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, MI 48154, is hereby
appointed to the Zoning Board of Appeals effective January 14, 1998, to
fill the unexpired term of John R. Pastor, ending July 12, 1998, with all the
authority and duties as set forth in the said Zoning Ordinance and Act
207, and further provided that Mr Foraker takes the Oath of Office as
required in Chapter X, Section 2 of the City Charter, to be administered by
the City Clerk.
30699
On a motion by Laura, seconded by Brosnan, and unanimously adopted,
it was.
#53-98 RESOLVED, that the Council does hereby refer to the
Mayor's Office requesting the administration to repair the microphones in
the City Hall auditorium and to also purchase a cordless microphone for
use in the auditorium.
No one from the audience wished to speak at this time
On a motion by Brosnan, seconded by Laura, and unanimously adopted,
this 1,360th Regular Meeting of the Council of the City of Livonia was adjourned at 9.05
p m., January 14, 1998.
. 6',
Jodi McCotter, City Clerk