HomeMy WebLinkAboutCOUNCIL MINUTES 1997-10-08 30496
MINUTES OF THE ONE THOUSAND THREE HUNDRED AND FIFTY-FOURTH
REGULAR MEETING OF THE COUNCIL OF THE CITY OF LIVONIA
On October 8, 1997, 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 8'03 p m Councilmember Taylor delivered the invocation.
Roll was called with the following result: Gerald Taylor, Brian Duggan,
Fernon P Feenstra, Maureen Miller Brosnan, Val Vandersloot, Michael P McGee, and
Joe Laura. Absent: None
Elected and appointed officials present: Jack E. Kirksey, Mayor; John
Nagy, City Planner; Robert J Schron, City Engineer; Sean P Kavanagh, City Attorney;
Joan McCotter, City Clerk; Karen A. Szymula, Director of Legislative Affairs, Linda
McCann, Director of Community Resources, and Jeanne Treff, Cable Television
Director
On a motion by Feenstra, seconded by Brosnan, and unanimously
adopted, it was-
#801-97 RESOLVED, that the minutes of the 1,353rd Regular
Meeting of the Council of the City of Livonia, held September 22, 1997,
are hereby approved as submitted
During audience communication, Bruce Cunningham, 15929 Ellen Drive,
requested that cracks be filled and repairs be made to portions of Ellen Drive
On a motion by Feenstra, seconded by Vandersloot, and unanimously
adopted, it was
#802-97 RESOLVED, that having considered a letter submitted by
the Citizens of Ingram, dated August 1, 1997, regarding backyard
drainage problems at 15416, 15436, 15500 and 15506 Ingram, the
Council does hereby refer this matter to the Engineering Division for its
report and recommendation.
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On a motion by Feenstra, seconded by Brosnan, and unanimously
adopted, it was
#803-97 RESOLVED, that the Council does hereby refer to the
Inspection Department for its report and recommendation and any
enforcement required the subject matter of four (4) abandoned vehicles at
the northeast corner of Bainbridge and Lyndon
Councilmember Taylor wished Bonnie Johnson, Administrative Assistant
in the City Council Office, a belated "Happy Birthday " (Monday, October 6, 1997)
Jack Downey, 15947 Ellen Drive, also addressed repairs needed on Ellen
Drive
A communication from the Engineering Division, dated October 1, 1997,
re status of the Hillcrest Court Development project, located at Five Mile and Spanich
Court on the east side of Kroger, was received and placed on file for the information of
the Council
A communication from the Engineering Division, dated October 1, 1997,
re construction/restoration status of the Edgewood Sanitary Sewer Replacement
Project was received and placed on file for the information of the Council
A communication from the Engineering Division, dated October 1, 1997,
re. status of the Pines of Winfield Subdivision and the restoration work in Sheffield
Estates was received and placed on file for the information of the Council
A communication from the Department of Finance, dated September 22,
1997, re forwarding various financial statements of the City of Livonia for the month
ending August 31, 1997, was received and placed on file for the information of the
Council
On a motion by Brosnan, seconded by McGee, it was
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#804-97 RESOLVED, that having considered a letter from Jeffry A.
Campeau, representing the Livonia Jaycees, dated September 8, 1997,
which requests permission to place ten 24" x 24" signs announcing the
Livonia Jaycees Annual Haunted House, which signs shall be installed on
October 9, 1997, at the following intersections
Plymouth and Middlebelt (Northeast)
Schoolcraft and Middlebelt (Northeast)
Seven Mile and Middlebelt (Northeast)
Plymouth and Inkster (Northwest)
Six Mile and Inkster (Southwest)
Grand River and Inkster (Northwest)
Seven Mile and Farmington (Northeast)
Five Mile and Levan (Northwest)
Five Mile and Farmington (Southeast)
Six Mile and Newburgh (Northeast)
and all signs to be removed no later than November 1, 1997, the Council
does hereby grant and approve this request in the manner and form
herein submitted
#805-97 RESOLVED, that having considered a letter from Joan S
Smykowski, representing the YMCA Livonia Family Branch, dated
September 9, 1997, which requests permission to display two 6 ft. by 3 ft.
signs announcing the Mulberry Holiday Market Craft Show to be held on
Saturday, November 1, 1997, and which will be displayed at the
intersection of Farmington and Lyndon Roads and the intersection of
Stark and Schoolcraft Roads from October 27 through November 1, 1997,
the Council does hereby grant and approve this request in the manner
and form herein submitted
#806-97 RESOLVED, that having considered a communication from
the City Assessor, dated August 5, 1997, approved for submission by the
Mayor, with regard to a request from Oscar Cox, 29204 Bretton, 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 of Tax Item No 46
003 01 0446 000 into two (2) parcels, the legal descriptions of which shall
read as follows
PARCEL A.
Lot 446 except the East 75 feet of"Supervisor's Livonia Plat No 7" of the
West 1/2 of the S W 1/4 of Section 1, T 1 S , R. 9 E , Livonia Twp (now
City of Livonia), Wayne County, Michigan (L. 66, P 58) Subject to
easements of record Containing 0 62 acres
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PARCEL B.
The East 75 feet of Lot 446 of"Supervisor's Livonia Plat No 7" of the
West 1/2 of the S W 1/4 of Section 1, T 1 S , R. 9 E , Livonia Twp (now
City of Livonia), Wayne County, Michigan (L. 66 P 58) Subject to
easements of record Containing 0 52 acres
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 such
approval is granted subject to removal of the large shed located closest to
the east lot line of the property
A communication from the Department of Parks and Recreation, dated
September 3, 1997, re administrative response to CR 702-96 - applying for a grant
from the Department of Natural Resources and working with interested community
groups regarding a proposed archery range for public use -was received and placed
on file for the information of the Council
#807-97 RESOLVED, that having considered the report and
recommendation of the Superintendent of Parks and Recreation, dated
September 3, 1997, which bears the signature of the Director of Finance
and is approved for submission by the Mayor, submitted pursuant to
Council Resolution 702-96, with respect to the subject of a possible
archery range for public use, the Council does hereby refer this matter to
the Capital Improvement Committee for its report and recommendation
#808-97 RESOLVED, that having considered a communication from
the Mayor, dated September 10, 1997, to which is attached a letter from a
representative of the Board of Directors of the Michigan Coalition to
Protect the Public Rights-of-Way from Telecommunications
Encroachments (PROTEC), and an invoice with respect to the City's
PROTEC membership dues for the period July 1, 1997, through June 30,
1998, the Council does hereby authorize the payment of$25,000 00 from
funds already budgeted in the current 1996-97 Cable Division budget
Account No 297-751-818-005 for this purpose
A communication from the Cable Television Commission, dated
September 15, 1997, re recommended allocation of access channels for the
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remainder of the franchise with Time Warner Cable was received and placed on file for
the information of the Council
how
#809-97 RESOLVED, that having considered the report and
recommendation of the Cable Television Commission, dated September
15, 1997, approved by the Director of Community Resources and
approved for submission by the Mayor, transmitting Resolution 257-97
adopted by the Livonia Cable Television Commission at its meeting of
September 4, 1997, the Council does hereby concur in the
recommendation of the Livonia Cable Television Commission and does
hereby approve loaning access channels 22 and 23 to Time Warner
Cable for carriage of The Golf Channel and either a Flint PBS "must-
carry" channel (WFUM) or an entertainment-based channel to be named
with the following provisions
1 Clarenceville Schools programming shall be moved to Channel 10;
Time Warner shall finance a first class mailing to all Clarenceville
homes announcing such move (or provide funds equivalent to cost
of such mailing)
2 MI-TV shall be placed on a discrete portion of the subscriber
network and sent to all Livonia schools.
3 Recognizing that Time Warner has already purchased four (4)
modulators and two (2) demodulators for the purpose of video
arraignments on the institutional network, Time Warner shall
purchase up to two (2) additional modulators if needed to send
video from four sites Police Building, two (2) courtrooms and
magistrate room
4 Time Warner shall purchase equipment for Livonia Public Schools
in keeping with Cable Commission Resolution #256-97 in an
amount not to exceed $18,000 00
5 Time Warner shall submit all material requested in a letter of July
28, 1997, for purposes of technical audit by September 22, 1997
FURTHER, the Council does hereby approve the allocation of access
channels for the remainder of the franchise with Time Warner, expiring
June, 1998, as follows
Channel Designation
3 Community Bulletin Board
8 City Channel 8
10 Clarenceville Public Schools
12 Community Programming and Michigan Government TV
(MGTV) M-F 10 AM-2 PM
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13 Catholic Television Network (CTN) & Eternal Word
16 Television Network (EWTN)
15
Livonia Public Schools
Livonia College Network - shared by Madonna University
and Schoolcraft College
19 Loaned to Time Warner. WADL
20 College Cable
21 Loaned to Time Warner. WBSX
22 Loaned to Time Warner WFUM or Entertainment Channel
23 Loaned to Time Warner Carriage of The Golf Channel
#810-97 RESOLVED, that having considered the report and
recommendation of the Executive Director of the Housing Commission,
dated September 11, 1997, 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 The Beresh Group Inc., 11835 Brookfield,
Livonia, Michigan 48150, for completing all work required with respect to
the removal and replacement of 226 bi-fold closet doors in the
McNamara Towers #2 apartments for the total price of $34,913 00, the
same having been in fact the lowest bid received and meets all
specifications, FURTHER, the Council does hereby authorize the
expenditure of funds already budgeted for this purpose in the amount of
$34,913 00 from Account Number 236-800-818-657 (CDBG), 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
other things necessary or incidental to the full performance of this
resolution.
A communication from the Livonia Housing Commission, dated
September 18, 1997, re the Fiscal Year 1996 Assessment for the Public Housing
Management Assessment Program (PHMAP) was received and placed on file for the
information of the Council
A communication from the Livonia Housing Commission, dated
September 18, 1997, re the Livonia Housing Commission Audit Report for the Fiscal
Year ending December 31, 1996, was received and placed on file for the information of
4
imp the Council
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#811-97 RESOLVED, that having considered the report and
recommendation of the Acting Chief of Police, dated September 3, 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 General Tires for the Division of Police from Belle Tire,
36591 Plymouth Road, Livonia, Michigan 48150, at unit prices which are
less than the low State of Michigan bid price for Goodyear Tires, through
December 31, 1999, FURTHER, the Council does hereby authorize the
said purchase 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
#812-97 RESOLVED, that having considered a letter from the
Michigan Liquor Control Commission, dated November 14, 1996, and a
report and recommendation from the Chief of Police, dated September 17,
1997, in connection therewith, with respect to a request for a new SDM
license and two (2) direct connections submitted by Kmart Corporation,
33400 W Seven Mile Road, Livonia, Michigan 48152, Wayne County, the
Council does hereby recommend that the Liquor Control Commission
deny the said request inasmuch as this applicant's request for waiver use
approval was denied and therefore this applicant would be in violation of
and in noncompliance with the requirements prescribed by the Livonia
Zoning Ordinance 543, as amended, and the City Clerk is hereby
requested to forward a certified copy of this resolution to the Michigan
Liquor Control Commission
#813-97 RESOLVED, that having considered a letter from the
Michigan Liquor Control Commission, dated September 11, 1997, and the
report and recommendation of the Acting Chief of Police, dated
September 19, 1997, approved for submission by the Mayor, the Council
does hereby approve of the request from Pick-a-Bone, Inc. for a transfer
of ownership of 1996 Tavern- licensed business (in escrow) with Official
Permit (Food) from Major Magic's - Lakeside, Inc., Charles J Taunt,
Interim Trustee, for transfer of location from 33458 Seven Mile, Livonia,
Michigan 48152, Wayne County, to 30325 Six Mile Road, Livonia,
Michigan 48152, Wayne County, to transfer classification to a Class C
license and for a new Dance-Entertainment Permit to be held in
conjunction with such license, and the City Clerk is hereby requested to
forward a certified copy of this resolution to the Michigan Liquor Control
Commission
#814-97 RESOLVED, that having considered a letter from the
Michigan Liquor Control Commission, dated April 8, 1997, and the report
and recommendation of the Acting Chief of Police, dated September 18,
1997, approved for submission by the Mayor, wherein it is requested that
Council Resolution 1126-96 be amended, the Council does hereby
30503
amend and revise Council Resolution 1126-96 so as to have the same
read as follows
RESOLVED, that having considered a letter from the
Michigan Liquor Control Commission, dated October 28, 1996, and
the report and recommendation of the Chief of Police, dated
November 14, 1996, approved for submission by the Mayor, with
regard to a request from J Alexander's Restaurants, Inc. (a
Tennessee corporation) requesting approval of an application for a
new Michigan Liquor Control Commission Class C full year liquor
license and Official Permit (Food) and Service Permit for difference
in hours of operation for a full service restaurant to be located on
the east side of Haggerty, north of Seven Mile Road, Livonia,
Michigan, Wayne County, in addition to prior approval already
granted in Council Resolution 879-96, adopted on September 11,
1996, the Council does hereby take this means to advise the
Michigan Liquor Control Commission that the City Council
approves the said request; and the City Clerk is hereby requested
to forward a certified copy of this resolution to the Michigan Liquor
Control Commission
#815-97 RESOLVED, that having considered the report and
recommendation of the Director of Finance, dated September 16, 1997,
approved for submission by the Mayor, submitted pursuant to Council
Resolution 1070-96, with regard to the competitive bid received in
connection with the sale of City-owned property located at 9864 Stark
Road, the Council does hereby accept the bid and authorize the sale of
the aforesaid City-owned property to Gary Nixon, President, IVS - Home
Builders, Inc., 13311 Stark Road, Livonia, Michigan 48150, for a total
purchase price of$48,900 00, which sale is conditioned upon the
purchaser providing such title work as may be required for this
transaction, the action herein being taken in order to best serve the
interests of the community; and the Mayor and City Clerk are hereby
authorized, for and on behalf of the City of Livonia, to execute a Quit
Claim Deed and such other documents as may be necessary or incidental
to fulfill the purpose of this resolution, and the Department of Law is
hereby requested to prepare and place in proper form such legal
documents as may be necessary to consummate this transaction
#816-97 RESOLVED, that the Council does hereby amend and
revise Council Resolution 506-97 so as to have the same read as follows
WHEREAS, pursuant to due and proper notice
published and mailed to all property owners in Special Assessment
District No 392 for a proposed street improvement consisting of
approximately 4" of asphalt over the existing roadway (Alternate IV)
on Laurel Road, Curtis Avenue to Seven Mile Road, located in the
Northwest 1/4 of Section 9 in the City of Livonia, Wayne County,
30504
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,
April 14, 1997, at 7 00 p m at the City Hall, 33000 Civic Center
Drive, Livonia, Michigan, and the City Council having duly met and
reviewed the special assessments levied on the special
assessment roll as prepared by the City Assessor to cover the
district portion of the cost of a street improvement to be
constructed in Special Assessment District No 392, and
WHEREAS, the City Council has heard and carefully considered
all objections made to said assessments;
NOW, THEREFORE, BE IT RESOLVED, THAT
(1) The City Council does hereby determine that the
assessments set forth in said Special Assessment Roll
dated February 4, 1997, in the amount of$95,029 07, 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 392 is hereby approved
and confirmed in all respects, effective immediately;
(3) The amount of said roll shall be divided into ten (10) equal
annual installments with interest at the rate of six (6%)
percent per annum on the unpaid balance of the
assessment from the date said project is installed as
certified by the City Engineer 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, 1998, 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
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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 the date said project is installed as certified by the City
Engineer
(5) The first installment shall be spread upon the 1998 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 the date said
project is installed as certified by the City Engineer, 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 ($16,769 84) and 100% of drainage costs
($25,300 00) for a total amount of $42,069 84
#817-97 RESOLVED, that having considered a communication from
the City Engineer, dated September 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, regarding the Botsford Park
Improvements Project (Contract 97-K), the Council does hereby reject all
bids received in connection with this item, the action herein being taken
for the reasons indicated in the aforesaid communication
#818-97 RESOLVED, that having considered a communication from
the City Engineer and the Director of Public Works, dated September 19,
1997, which bears the signature of the Director of Finance and is
approved for submission by the Mayor, regarding a proposed sanitary
sewer system improvement consisting of the installation of small diameter
storm sewers in the southern portion of the City to relieve existing
drainage problems, the Council does hereby authorize the Director of
Public Works, together with the Director of Finance, to prepare
specifications and obtain competitive bids for the alternate drainage
program as recommended in the aforesaid report and recommendation,
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the same to be thereafter submitted to Council for its consideration, and
the Engineering Division is hereby authorized to obtain all necessary
easements in order to facilitate such storm sewer construction
#819-97 RESOLVED, that having considered a communication from
the City Planning Commission, dated September 15, 1997, approved for
submission by the Mayor, which transmits its resolution 8-141-97,
adopted on August 19, 1997, with regard to a Sign Permit Application,
submitted by T Rogvoy Associates, on behalf of Champps Americana,
requesting approval to erect two wall signs for a proposed restaurant to
be located at 19740 Haggerty Road in Southwest 1/4 of Section 6, the
Council does hereby concur in the recommendation of the Planning
Commission and approve the said Sign Permit Application, subject to the
following conditions.
1 That the signage shown on the Exterior Building Elevation Plans
marked A7 1 and A7 2, dated September 3, 1997, as revised,
prepared by Champps Entertainment, Inc., would be limited to the
east and west side, and
2 That the signage shall not be illuminated beyond 30 minutes after
the restaurant closes
#820-97 RESOLVED, that having considered a communication from
the City Planning Commission, dated September 17, 1997, approved for
submission by the Mayor, which transmits its resolution 9-148-97,
adopted on September 16, 1997, with regard to the proposed preliminary
plat of Parkview Subdivision to be located on the south side of Plymouth
Road between Jarvis Avenue and Jug Handle Road in the Southeast 1/4
of Section 30, City of Livonia, Wayne County, Michigan, and the
preliminary plat having been approved by the City Planning Commission
on September 16, 1997, the Council does hereby approve of the said
preliminary plat based upon the same conditions as those set forth in the
aforesaid Planning Commission action and subject to the receipt of a
report and recommendation by the City Engineer relative to the
development plans and specifications for the improvements therein, and
the financial assurances guaranteeing the satisfactory installation of such
improvements.
#821-97 RESOLVED, that having considered a communication from
Councilmember Michael P McGee, dated September 17, 1997, regarding
a request for consideration of funding in the next fiscal year to develop
and implement a City "Home Page" on the Internet to increase public
access to Livonia government and services, the Council does hereby
refer this item to the Committee of the Whole for its report and
recommendation.
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#822-97 RESOLVED, that having considered a communication from
Councilmember Michael P McGee, dated September 22, 1997, the
Council does hereby take this means to indicate its support of House Bill
4669 and Senate Bill 106 which encourage historic preservation efforts by
offering financial incentives, FURTHER, since there are several
properties located within the City of Livonia which have been designated
as historic, the passage of this legislation could be of great benefit with
respect to those properties, FURTHER, the Council does hereby request
that a copy of this resolution be forwarded to Governor Engler, State
Senator R. Robert Geake, State Representative Lyn Bankes, State
Representative Gerald Law, the MML State and Federal Affairs Division,
and the Conference of Western Wayne
#823-97 RESOLVED, that having considered a communication from
the City Librarian, dated September 23, 1997, which bears the signature
of the Director of Finance and is approved for submission by the Mayor,
to which is attached a communication from the Assistant Personnel
Director, dated September 23, 1997, transmitting a copy of a resolution
adopted by the Civil Service Commission at its regular meeting of
September 10, 1997, requesting pay scale adjustments for the
classifications of Librarian I and Librarian II, the Council does hereby
concur in the recommendation of the Civil Service Commission and the
pay scale adjustments for the classifications of Librarian I and Librarian II
are hereby amended, effective November 1, 1997, as follows'
LIBRARIAN I
Current Wage Rate Adjusted Wage Rate
STEP 1 $29,993 60 $31,345 60
STEP 1 5 $30,596 80 $31,969 60
STEP 2 $31,158 40 $32,593 60
STEP 3 $32,344 00 $33,904 00
STEP 4 $33,612.80 $35,256 00
STEP 5 $34,923 20 $36,670 40
LIBRARIAN II
Current Wage Rate Adjusted Wage Rate
STEP 1 $37,419.20 $39,104 60
STEP 1 5 $38,188 80 $39,894 40
STEP 2 $38,916 80 $40,664 00
STEP 3 $40,352.00 $42,286 40
STEP 4 $41,953.60 $43,971.20
STEP 5 $43,555.20 $45,739.20
FURTHER, the Council does hereby authorize the transfer of $40,000 00
from the Library Fund Balance to cover the increase in wage and fringe
benefit accounts for Fiscal Year 1998
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A roll call vote was taken on the foregoing resolutions with the following result:
it
AYES Taylor, Duggan, Feenstra, Brosnan, Vandersloot, McGee, and
Laura.
NAYS None
On a motion by Duggan, seconded by Brosnan, it was.
#824-97 RESOLVED, that having considered the report and
recommendation of the Streets, Roads and Plats Committee, dated
October 1, 1997, submitted pursuant to Council Resolution 586-97, and a
communication from the City Planning Commission, dated June 23, 1997,
which transmits its resolution 6-101-97, adopted on June 17, 1997, with
regard to the proposed preliminary plat of Jacol Subdivision to be located
on the north side of Six Mile Road, east of Laurel Drive in the Southwest
1/4 of Section 9, City of Livonia, Wayne County, Michigan, and the
preliminary plat having been approved by the City Planning Commission
on June 17, 1997, the Council does hereby approve of the said
preliminary plat based upon the same conditions as those set forth in the
aforesaid Planning Commission action and subject to a variance being
granted by the Zoning Board of Appeals to allow up to a fifty foot
extension of a less restrictive use into a more restrictive zoning district
and subject to the receipt of a report and recommendation by the City
Engineer relative to the development plans and specifications for the
improvements therein, and the financial assurances guaranteeing the
satisfactory installation of such improvements
Communications from Grand River Baptist Church and from Lorraine
Bowers, dated October 7, 1997 and October 6, 1997, respectively, re the sale of
vacant church property to Jacol Development were received and placed on file for the
information of the Council
A roll call vote was then taken on the foregoing resolution with the following result:
AYES Taylor, Duggan, Brosnan, Vandersloot, and McGee
NAYS Feenstra and Laura
The President declared the resolution adopted
Dan DiComo, 33150 Schoolcraft, Suite 104, representing Jacol Development, stated
that the preliminary plat may be amended by the addition of property to the north of this
subdivision prior to the final plat approval
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On a motion by Duggan, seconded by Brosnan, it was
#825-97 RESOLVED, that having considered the report and
recommendation of the Streets, Roads and Plats Committee, dated
October 1, 1997, submitted pursuant to Council Resolution 586-97, and a
communication from the City Planning Commission, dated June 23, 1997,
which transmits its resolution 6-101-97, adopted on June 17, 1997, with
regard to the proposed preliminary plat of Jacol Subdivision to be located
on the north side of Six Mile Road, east of Laurel Drive in the Southwest
1/4 of Section 9, City of Livonia, Wayne County, Michigan, and the
preliminary plat having been approved by the City Planning Commission
on June 17, 1997, the Council does hereby refer this matter to the Livonia
City Council/Schools Liaison Committee for its report and
recommendation
A roll call vote was taken on the foregoing resolution with the following result:
AYES Taylor, Duggan, Brosnan, Vandersloot, and McGee
NAYS Feenstra and Laura.
The President declared the resolution adopted
On a motion by Duggan, seconded by Brosnan, and unanimously
adopted, it was
#826-97 RESOLVED, that having considered the report and
recommendation of the Streets, Roads and Plats Committee, dated
October 1, 1997, submitted pursuant to Council Resolution 584-97, and a
communication from the City Assessor, dated June 12, 1997, approved
for submission by the Mayor, with regard to a request from Jerald
Gottlieb, P 0 Box 250273, Franklin, Michigan 48025, on behalf of
JoAnne Turshnuik, 14000 Richfield, Livonia, Michigan 48154, and James
Mullen, 726 Fawn Drive-Kingscountry, Scroggins, Texas 75480-4218, 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 and combining Tax Item
Nos 46 076 01 0027 001 and 46 076 01 0027 002 into three (3) 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
The petitioner, Jerry Gottlieb, addressed the foregoing matter, indicating that the three
(3) lots would still be 100'x150' and would benefit the neighborhood
30510
Michelle Fetterman, 14085 Richfield, stated the neighbors still want three (3) long lots
If the petitioner had the extra 75' (property to the east of these parcels), he would be
more likely to sell these homes
Duggan took from the table, for second reading and adoption, the
following Ordinance
AN ORDINANCE VACATING PORTIONS OF STREET,
ALLEY AND PUBLIC GROUND (Petition 97-4-3-3)
A roll call vote was taken on the foregoing Ordinance with the following result:
AYES Taylor, Duggan, Feenstra, Brosnan, Vandersloot, McGee, and
Laura.
NAYS None
The President declared the foregoing Ordinance duly adopted, and would become
effective on publication
On a motion by Taylor, seconded by Duggan, and unanimously adopted,
it was.
#827-97 RESOLVED, that having considered a letter dated
September 22, 1997, from James C McCann, Attorney at Law,
representing Michael Hamilton, President of Mesquite, Inc., requesting
approval of an application for a new full-year, on-premise Michigan Liquor
Control Commission Class C liquor license for a restaurant to be located
at 13800 Middlebelt Road, Livonia, Michigan, Wayne County, the Council
does hereby take this means to advise the Michigan Liquor Control
Commission that the City approves the said request "Above All Others",
and the City Clerk is hereby requested to forward a certified copy of this
resolution to the Michigan Liquor Control Commission
Jim McCann, attorney for the petitioner, stated that Leo Burton is now 51% shareholder
of the corporation, with Michael Hamilton owning the other 49% He also stated that
they will not be requesting an entertainment license at this location
On a motion by Feenstra, seconded by McGee, it was
RESOLVED, that having considered a letter from the
Michigan Liquor Control Commission, dated May 13, 1997, and a report
and recommendation from the Chief of Police, dated September 17, 1997,
approved for submission by the Mayor, regarding a request from I Am,
Inc. for a new Outdoor Service Permit to be held in conjunction with 1997
30511
Class C licensed business with Dance-Entertainment Permit located at
11791 Farmington Road, Livonia, Michigan 48150, Wayne County, the
Council does hereby recommend that the Liquor Control Commission
deny the said request inasmuch as this applicant would be in violation of
and in non-compliance with requirements prescribed by the Livonia
Zoning Ordinance 543, as amended, specifically, failing to apply for and
obtain a waiver use, and the City Clerk is hereby requested to forward a
certified copy of this resolution to the Michigan Liquor Control
Commission.
On a motion by Taylor, seconded by Brosnan, it was.
RESOLVED, that the Council does hereby determine to
substitute a resolution in lieu of the foregoing which would send this
matter to the Committee of the Whole for its report and recommendation.
Feenstra and McGee withdrew their motion on the foregoing resolution.
Taylor and Brosnan withdrew their motion to substitute
On a motion by Taylor, seconded by Brosnan, and unanimously adopted,
it was
#828-97 RESOLVED, that having considered a letter from the
Michigan Liquor Control Commission, dated May 13, 1997, and a report
and recommendation from the Chief of Police, dated September 17, 1997,
approved for submission by the Mayor, regarding a request from I Am,
Inc. for a new Outdoor Service Permit to be held in conjunction with 1997
Class C licensed business with Dance-Entertainment Permit located at
11791 Farmington Road, Livonia, Michigan 48150, Wayne County, the
Council does hereby refer this matter to the Committee of the Whole for
its report and recommendation
Duggan left the podium at 9 09 p m. due to a conflict of interest on the next matter, as
he represents the petitioner
On a motion by Brosnan, seconded by Taylor, it was
#829-97 RESOLVED, that having considered the report and
recommendation of the City Engineer and the Director of Public Works,
dated August 29, 1997, approved for submission by the Mayor, the
Council does hereby authorize the release to Leo Soave Building Co ,
34822 Pembroke, Livonia, Michigan 48152, the proprietor of Lakeside
Estates Subdivision No 2, located in the Southeast 1/4 of Section 33, of
the financial assurances previously deposited pursuant to Council
Resolution 339-97 adopted on April 30, 1997, specifically.
30512
a) General Improvement Bond $47,000 00 ($10,000 00 minimum
cash), and
b) Monument & Lot Marker Bond $ 400 00 (all cash),
FURTHER, all other financial assurances (including the Soil Erosion and
Sidewalk Bond) now on deposit with the City, if any, with respect to this
subdivision shall remain the same and unchanged; and the action herein
being taken is for the reasons indicated in the aforementioned report of
the City Engineer that all these improvements have been satisfactorily
installed in accordance with the rules and regulations and ordinances of
the City of Livonia
A roll call vote was taken on the foregoing resolution with the following result:
AYES Taylor, Feenstra, Brosnan, Vandersloot, McGee, and Laura.
NAYS None
The President declared the resolution adopted
A communication from the Office of the Mayor, dated October 7, 1997, re
the underground electrical system for Lakeside Estates Subdivision and Lakeside
Estates Subdivision No 2 was received and placed on file for the information of the
Council
Duggan returned to the podium at 910 p m.
On a motion by Feenstra, seconded by Taylor, and unanimously adopted,
it was
#830-97 RESOLVED, that having considered a communication from
the City Planning Commission, dated September 18, 1997, which
transmits its resolution 9-150-97, adopted on September 16, 1997, with
regard to Petition 97-8-8-21 submitted by Mohamad R. Chahrour,
requesting site plan approval in connection with a proposal to construct a
gas station/convenience store on property located at 29401 Seven Mile
Road in the Northeast 1/4 of Section 11, pursuant to the provisions set
forth in Section 18 47 of Ordinance No 543, as amended, the Council
does hereby refer this matter to the Committee of the Whole for its report
and recommendation
The attorney for the petitioner, Salem Samaan, stated that various revisions had been
made to the site plan to comply with Council's concerns.
30513
On a motion by Feenstra, seconded by Vandersloot, and unanimously
adopted, it was
#831-97 RESOLVED, that having considered a communication from
the City Planning Commission, dated July 31, 1997, approved for
submission by the Mayor, which sets forth its resolution 7-117-97,
adopted on July 22, 1997, with regard to Petition 97-6-1-7, submitted by
Mary Omar, for a change of zoning of property located on the north side
of Schoolcraft Road (1-96 Service Drive) between Newburgh Road and
Richfield Avenue in the Southeast 1/4 of Section 19, from RUF to OS, and
the Council having conducted a public hearing with regard to this matter
on September 29, 1997, pursuant to Council Resolution 655-97, the
Council does hereby concur in the recommendation of the Planning
Commission and Petition 97-6-1-7 is hereby denied for the following
reasons.
1 That the proposed change of zoning would provide for a further
encroachment of non-residential zoning and land uses into a
predominately residential area,
2 That the proposed change of zoning would provide for uses that
3 are not needed in this area,
That the proposed change of zoning is contrary to the Future Land
Use Plan which designates the subject area as low density
residential, and
4 That the proposed change of zoning would tend to encourage
future requests for non-residential zoning changes on adjacent
property
On a motion by Feenstra, seconded by Duggan, and unanimously
adopted, it was
#832-97 RESOLVED, that having considered a communication from
the City Planning Commission, dated July 31, 1997, approved for
submission by the Mayor, which sets forth its resolution 7-118-97,
adopted on July 22, 1997, with regard to Petition 97-6-1-8, submitted by
the City Planning Commission, pursuant to Council Resolution 419-97,
for a change of zoning of property located on the east side of Newburgh
Road, south of Ann Arbor Trail, in the Northwest 1/4 of Section 32, from
RUF to R-1, and the Council having conducted a public hearing with
regard to this matter on September 29, 1997, pursuant to Council
Resolution 655-97, the Council does hereby approve Petition 97-6-1-8, as
modified to change the zoning classification to R-C, for preparation of the
ordinance for submission to Council, and the City Planner is hereby
30514
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 Feenstra, seconded by Duggan, and unanimously
adopted, it was
#833-97 RESOLVED, that the Council does hereby refer to the
Streets, Roads and Plats Committee for tracking purposes the subject
matter of Petition 97-6-1-8 by the City Planning Commission, pursuant to
CR 419-97 and pursuant to Section 23 01(a) of Zoning Ordinance No
543, to rezone property located on the east side of Newburgh Road,
south of Ann Arbor Trail in the Northwest 1/4 of Section 32 from RUF to
R-1 (Rural Urban Farm - 1/2 Acre Lots to One Family Residential - 60' x
120' Lots)
On a motion by Taylor, seconded by Duggan, and unanimously adopted,
it was
#834-97 RESOLVED, that having considered a communication from
the Director of Community Resources, dated September 19, 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 $21 25 from the
Plymouth Community United Way, which brings the total amount received
from the Plymouth Community United Way since 1992 to $282 50, 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 Feenstra, seconded by Taylor, and unanimously adopted,
it was.
#835-97 RESOLVED, that having considered a communication from
the Director of Community Resources, dated September 19, 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 $3,764 00 from the
Plastomer Corporation, which brings the total amount received from the
Plastomer Corporation since 1994 to $10,784 00; FURTHER, the Council
does hereby appropriate and credit the same to Account #702-000-285-
215 for use in the Livonia Youth Assistance Program.
30515
A communication from Debbie Dufour, Youth Assistance, dated October
7, 1997, re cumulative donation amounts made to the Livonia Youth Assistance
"' Programs from the Plymouth Community United Way, the Plastomer Corporation, and
from Target Stores was received and placed on file for the information of the Council
On a motion by Taylor, seconded by Duggan, and unanimously adopted,
it was
#836-97 RESOLVED, that having considered a communication from
the Director of Community Resources, dated September 19, 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 grant in the amount of$4,100 00 from the
Target Stores, a Division of the Dayton Hudson Corporation, which brings
the total amount received from the Target Stores since 1989 to
$57,100 00, 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 Duggan, seconded by Vandersloot, it was
#837-97 RESOLVED, that having considered a communication from
the Department of Law, dated September 19, 1997, the Council does
hereby, by a two-thirds roll call vote in accordance with Section 7(1) of the
Open Meetings Act, direct that closed Committee of the Whole Meetings
be held Monday, October 13, 1997, at 6 45 p m and on Wednesday,
October 29, 1997, 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 Taylor, Duggan, Feenstra, Brosnan, Vandersloot, McGee, and
Laura
NAYS None
The President declared the resolution adopted
There was no audience communication at the end of the meeting
30516
On a motion by Duggan, seconded by Brosnan, and unanimously
adopted, this 1,354th Regular Meeting of the Council of the City of Livonia was
t
iik, adjourned at 9.22 p m , October 8, 1997
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Jiin McCotter, City Clerk
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