HomeMy WebLinkAboutCOUNCIL MINUTES 1997-06-11 30269
MINUTES OF THE ONE THOUSAND THREE HUNDRED AND FORTY-SIXTH
REGULAR MEETING OF THE COUNCIL OF THE CITY OF LIVONIA
On June 11, 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 01 p m Councilmember Vandersloot delivered the invocation
Roll was called with the following result: Val Vandersloot, Michael P
McGee, Gerald Taylor, Brian Duggan, Fernon P Feenstra, Maureen Miller Brosnan,
and Joe Laura. Absent: None
Elected and appointed officials present: Jack E Kirksey, Mayor; John
Nagy, City Planner; Robert J Beckley, Director of Public Works, Sean P Kavanagh,
City Attorney; Joan McCotter, City Clerk, Michael T Slater, Director of Finance, Linda
McCann, Director of Community Resources, Jeanne Treff, Cable Television Director;
David Woodcox, Senior Building Inspector; and Karen Kapchonick, Assistant
Superintendent of Parks and Recreation
On a motion by Duggan, seconded by Brosnan, and unanimously
adopted, it was
#488-97 RESOLVED, that the minutes of the 1,345th Regular
Meeting of the Council of the City of Livonia, held May 28, 1997, are
hereby approved as submitted
A communication from the Assistant Personnel Director, dated May 28,
1997, re forwarding a resolution adopted by the Board of Trustees of the Livonia
Employees Retirement System declining compensation for meeting attendance or
service to the Livonia Employees Retirement System was received and placed on file
for the information of the Council (CR 107-97)
30270
Councilmember McGee presented a Certificate of Commendation to
Jeffrey A. Petrul, extending appreciation on behalf of the community for his service on
the Zoning Board of Appeals from September 24, 1996 until April 29, 1997
The following individuals spoke during the audience communication
portion of the meeting
1) George Boller, 36270 Hammer - complained about the poor maintenance of the
major intersections in the City with regard to debris He also indicated his
displeasure at having a symbol instead of words on a "no left turn" sign at the
intersection of Six Mile and Newburgh Roads,
2) John Bros, 35368 Banbury - stated he was encouraged by the progress being
made with regard to the Pines of Winfield Subdivision He also spoke to the
possibility of electronic transfers for water bills,
3) Tom Austin, 36082 Hees - indicated his dislike of the negative comments
George Boller made regarding the City of Detroit; and
4) Jeff Kozlow, 32184 Camborne Lane - remarked that SPREE was now charging
$3/car to park at Ford Field, thought SPREE was getting too expensive
Mayor Kirksey notified those in attendance and in the viewing audience
that a "Town Hall Meeting" on roads was scheduled for Thursday, June 12, 1997, and
that next year he hoped to have at least 10 major roads under reconstruction
A communication from the Department of Finance, dated May 20, 1997,
re forwarding various financial statements of the City of Livonia for the month ending
April 30, 1997, was received and placed on file for the information of the Council
At the direction of the Chair, Item #2 was removed from the Consent
portion of the Agenda.
On a motion by Taylor, seconded by Duggan, it was
#489-97 RESOLVED, that having considered a letter dated May 29,
1997, from the President of the Livonia Anniversary Committee, Inc.,
wherein it is requested that Council Resolution 6-97 be amended to
authorize the issuance of a permit for a special fifteen minutes daytime
fireworks display to be held at Veterans' Park on Saturday, June 28,
1997, at 6 15 p m , the Council does hereby amend and revise Council
Resolution 6-97 so as to have the same read as follows
30271
RESOLVED, that having considered a letter from the
President of the Livonia Anniversary Committee, Inc., dated
December 12, 1996, 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 '47' Celebration, on June 24, 25, and 26, 1997, from
2 00 p m to midnight and on June 27, 28 and 29, 1997, 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 24-29, 1997,
at Ford Field,
3 Authorization of the Anniversary Committee to conduct
fireworks displays at Veterans' Park to be held on Saturday,
June 28, 1997, at 6 15 p m and Sunday, June 29, 1997, at
10.00 p m , which displays 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 facility at Henry Ford Field, Veterans' Park
and the Eddie Edgar Arena during the period of the SPREE
'47' 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 fees for community organizations and/or
groups authorized to participate in SPREE '47' 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
#490-97 RESOLVED, that having considered an application from
Terry Lambert, 33051 Perth, dated May 19, 1997, requesting permission
to close Perth between Westmore and Loveland on Saturday, July 12,
1997, from 1 00 p m to 9.00 p m for the purpose of conducting a block
party, the Council does hereby grant permission as requested, including
therein permission to conduct the said affair on Saturday, July 19, 1997,
30272
in the event of inclement weather, the action taken herein being made
subject to the approval of the Police Department.
#491-97 RESOLVED, that having considered an application from
Charles and Celeste Wallin, 36959 Clarita, dated May 21, 1997,
requesting permission to close Margareta, west of Dardanella and east of
Clarita, on Saturday, August 23, 1997, from 4 00 p m to 10 00 p m. for
the purpose of conducting a block party, the Council does hereby grant
permission as requested, including therein permission to conduct the said
affair on Sunday, August 24, 1997, in the event of inclement weather, the
action taken herein being made subject to the approval of the Police
Department.
#492-97 RESOLVED, that having considered a letter from William
and Joyce Koch, 18335 Irving, received in the Office of the City Clerk on
May 15, 1997, requesting to remove sidewalks from their property, the
Council does hereby refer this item and the subject of sidewalks in the
surrounding area to the Department of Public Works - Engineering
Division for a report and recommendation
#493-97 RESOLVED, that having considered the report and
recommendation of the Executive Director of the Housing Commission,
dated May 16, 1997, approved for submission by the Mayor, and to which
is attached an amendment to the Annual Contributions Contract (ACC)
which extends the terms of the contract for Project No MI055V0006 for
one year to May 31, 1998, the Council does hereby approve the
amendment and extension of the Annual Contributions Contract and does
hereby authorize the Executive Director of the Housing Commission to
execute the same in the manner and form herein submitted
#494-97 RESOLVED, that having considered the report and
recommendation of the Director of Public Works, dated May 12, 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
Burke Equipment Company, 36000 Mound Road, Sterling Heights,
Michigan 48311, for supplying the Public Service Division (Road
Maintenance Section) with three (3) trailer-mounted leaf collectors for a
net price of$49,715 00, based on a total price of $52,215 00 less trade-
ins of$2,500 00, the same having been in fact the lowest bid received
which meets all specifications, and the bid of Bell Equipment Company is
hereby rejected for the reasons indicated in the attachment.
#495-97 RESOLVED, that having considered a communication from
the Director of Community Resources, dated May 19, 1997, which bears
the signature of the Director of Finance, is approved by the City Attorney
and is approved for submission by the Mayor, and to which is attached a
proposed amendment to the sub-contract agreement between the City of
Livonia and Growth Works, Inc. previously authorized by Council
30273
Resolution 586-96, which amendment would extend the agreement
through September 30, 1997, and provide that the County of Wayne will
reimburse the City of Livonia for Youth Assistance Program costs
(including a youth employment program) up to a maximum of $31,467 00,
the Council does, for and on behalf of the City of Livonia, authorize the
Mayor and City Clerk to execute the said amendment in the manner and
form herein submitted, subject to approval as to form by the Department
of Law
A communication from the Division on Police, dated May 13, 1997, re
administrative response to CR 819-96 - deployment of patrol cars into neighborhoods -
was received and placed on file for the information of the Council
#496-97 RESOLVED, that having considered a communication from
the Mayor, dated May 20, 1997, wherein he has requested approval of the
reappointment of Kenneth Hale, 31950 Cambridge, Livonia, Michigan
48154, to the Economic Development Corporation of the City of Livonia
Board of Directors for a six-year term expiring June 7, 2003, the Council
does hereby confirm and approve such reappointment.
#497-97 RESOLVED, that having considered a communication from
the Mayor, dated May 20, 1997, wherein he has requested approval of the
reappointment of Richard Hayward, 17159 Loveland, Livonia, Michigan
48152, to the Economic Development Corporation of the City of Livonia
Board of Directors for a six-year term expiring June 7, 2003, the Council
does hereby confirm and approve such reappointment.
#498-97 RESOLVED, that having considered a communication from
the Mayor, dated May 20, 1997, wherein he has requested approval of the
reappointment of Charlotte Mahoney, 18633 Williams Ct., Livonia,
Michigan 48152, to the Economic Development Corporation of the City of
Livonia Board of Directors for a six-year term expiring June 7, 2003, the
Council does hereby confirm and approve such reappointment.
#499-97 RESOLVED, that having considered the report and
recommendation of the Director of Finance, dated May 14, 1997,
approved for submission by the Mayor, to which is attached a proposed
Administrative Services Contract Renewal Agreement with Blue Cross
and Blue Shield of Michigan for a one-year renewal term for the period
June 1, 1997, through May 31, 1998, the Council does hereby authorize
the Mayor and City Clerk, for and on behalf of the City of Livonia, to
execute the said agreement in the manner and form herein submitted, as
well as to do all other things necessary or incidental to the full
performance of this resolution, FURTHER, the Council does hereby
authorize the said item without competitive bidding in accordance with
Section 3 04 140D2 of the Livonia Code of Ordinances, as amended
30274
A communication from the Department of Law, dated May 21, 1997, re
administrative response to CR 317-97 - Senate Bill 211 to permit specially-designated
merchant liquor licensees to sell gasoline on the premises statewide -was received
and placed on file for the information of the Council
#500-97 WHEREAS, the City of Livonia has taken an active role in
the effort to prevent the fatalities, injuries, and property damage
associated with drunk driving; and
WHEREAS, Michigan Senate Bill 211 (hereafter "SB 211") would lift the
current restrictions on the sale of alcoholic beverages from gasoline
service stations in the City of Livonia, and
WHEREAS, the restrictions on such sales in the City of Livonia and other
similarly situated cities have served the public well by eliminating one
occasion for, and source of temptation toward, drunk driving; and
WHEREAS, the lifting of such restrictions would almost certainly result in
an increase in the incidence of drunk driving in Livonia and elsewhere in
the State, with an attendant increase in danger to the general public; and
WHEREAS, SB 211 does not appear to offer the people of Livonia, or of
the State of Michigan generally, any benefit which would outweigh the
threat it poses to public health and safety; and
WHEREAS, it is deemed to be essential that the elected representatives
of the people of Livonia make themselves heard on pending legislation
which poses such a manifest danger to the public;
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City
of Livonia opposes the adoption of SB 211 or any other bill having a
similar effect; and
BE IT FURTHER RESOLVED, that the Michigan legislature is hereby
respectfully requested to take no action which would permit sales of
alcoholic beverages at gasoline service stations in Livonia or other
communities to the extent such sales are currently restricted or prohibited;
and
BE IT FURTHER RESOLVED, that copies of this resolution be sent to
Governor Engler, State Senator R. Robert Geake, State Representative
Lyn Bankes, State Representative Gerald Law, State Representative
Deborah Whyman, the Michigan Municipal League State and Federal
Affairs Division, and the Conference of Western Wayne
30275
#501-97 RESOLVED, THAT WHEREAS, under the provision of Title
I of the Housing and Community Development Act of 1987, the Secretary
of Housing and Urban Development is authorized to make grants to units
of local government to help finance community development programs,
and
WHEREAS, the primary objective of such Act is the development of
viable urban communities by providing decent housing and suitable living
environment and expanding economic opportunities, principally for
persons of low and moderate income, and
WHEREAS, to obtain its Fiscal Year 1997 entitlement funds under the
Community Development Act of 1987, the City of Livonia must submit a
one-year Action Plan, satisfactory assurances that the Plan will be
conducted and administered in accordance with appropriate federal and
state laws and Department of Housing and Urban Development
regulations, and satisfactory assurances that, prior to submission of the
Action Plan, it has (a) provided citizens with adequate information
concerning the amount of funds available for proposed community
development and housing activities, the range of activities that may be
undertaken, the estimated amount of those funds proposed to be used for
activities that will benefit low and moderate income persons, and other
important program requirements, (b) held at least two public hearings to
obtain the views of citizens on housing and homeless needs, strategies
and a short-term Action Plan to meet those needs, and (c) provided
citizens an adequate opportunity (at least thirty (30) days) to examine the
content of and to submit comments on the Action Plan,
NOW, THEREFORE, BE IT RESOLVED by the City Council of Livonia
that the Action Plan, including the Fiscal Year 1997 Community
Development Block Grant Program, is hereby approved and shall be
submitted to the Department of Housing and Urban Development.
#502-97 RESOLVED, that having considered a communication from
the City Planning Commission, dated May 21, 1997, which transmits its
resolution 5-84-97, adopted on May 13, 1997, with regard to a Sign
Permit Application, submitted by Acme Architectural, on behalf of the Dry
Cleaning Station, requesting approval to erect a wall sign for the building
located at 19244 Newburgh Road in the Southwest 1/4 of Section 5, the
Council does hereby concur in the recommendation of the Planning
Commission and approve the said sign permit application, subject to the
following conditions
1 That the Sign Package submitted by Acme Architectural, as
received by the Planning Commission on April 29, 1997, is hereby
approved and shall be adhered to, and
30276
2 That the signage shall not be illuminated beyond one hour after
closing
#503-97 RESOLVED, that having considered a communication from
the City Planning Commission, dated May 21, 1997, submitted pursuant
to Council Resolution 177-97, which transmits its resolution 5-77-97
adopted on May 13, 1997, with regard to Petition 97-2-3-1, submitted by
Resources Supervisory Management Corp , requesting to vacate an
existing 20' wide water main easement across the Livonia Plaza property
located on the south side of Five Mile Road between Bainbridge and
Henry Ruff in the Northwest 1/4 of Section 23, the Council does hereby
concur in the recommendation of the City Planning Commission and does
grant and approve the said Petition 97-2-3-1, subject to the recording of
substitute grants of easement, and the Department of Law is hereby
requested to prepare the necessary vacating ordinance in accordance
with this resolution.
#504-97 RESOLVED, that having considered a communication from
the City Planning Commission, dated May 21, 1997, which transmits its
resolution 5-82-97 adopted on May 13, 1997, with regard to Petition 97-2-
8-5 submitted by Livonia Buick-Isuzu, requesting to revise the building
elevations and the landscaping of the auto dealership located at 30500
Plymouth Road in the Southwest 1/4 of Section 26, the Council does
hereby concur in the recommendation of the Planning Commission and
Petition 97-2-8-5 is hereby approved and granted, subject to the following
conditions-
1 That the Exterior Building Elevation Plan marked Sheet 3 dated
March 21, 1997, prepared by Infrastructure Incorporated, is hereby
approved and shall be adhered to,
2 That the Landscape Plan marked Sheet CO1 dated April 25, 1997,
prepared by THA Architects Engineers, is hereby approved and
shall be adhered to,
3 That the Irrigation Plan marked Sheet 2 dated January 22, 1997,
prepared by THA Architects Engineers, is hereby approved and
shall be adhered to,
4 That all planted materials shall be installed to the satisfaction of
the Inspection Department and thereafter permanently maintained
in a healthy condition,
5 That all disturbed lawn areas shall be sodded in lieu of hydroseed,
and
6 That all light standards shall be shielded from the adjacent
properties and shall not exceed 20 feet in height.
30277
#505-97 RESOLVED, that having considered a communication from
the City Planning Commission, dated May 12, 1997, which transmits its
resolution 4-74-97 adopted on April 29, 1997, with regard to Petition 97-3-
8-6 submitted by Farouk Harajli, on behalf of Mobil, requesting site plan
approval in connection with a proposal to construct an addition to the gas
station located at 17111 Farmington Road in the Southeast 1/4 of Section
9, pursuant to the provisions set forth in Section 18 58 of Ordinance No
543, as amended, the Council does hereby concur in the recommendation
of the Planning Commission and Petition 97-3-8-6 is hereby approved
and granted, subject to the following conditions
1 That the Site Plan marked Sheet CE-1 dated April 15, 1997, as
revised, prepared by Building Design Associates, Inc., is hereby
approved and shall be adhered to,
2 That the Exterior Building Elevation Plan marked Sheet A-2 dated
April 15, 1997, as revised, prepared by Building Design
Associates, Inc., is hereby approved and shall be adhered to,
3 That the petitioner shall meet to the satisfaction of the Inspection
Department the following requirements outlined in the
correspondence from the Sr Building Inspector dated April 1,
1997
- That the existing parking spaces shall be re-striped; and
- That all light standards shall face into the property and shielded
from the adjacent properties;
4 That the fence on top of the building shall be removed as agreed to
by the petitioner; and
5 That an underground sprinkler system shall be installed.
#506-97 RESOLVED, that the Council does hereby amend and
revise Council Resolution 344-97 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, 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
30278
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 April 30, 1997,
(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 December 1, 1997 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
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
30279
or any part of the assessment without interest or penalty up
to December 1, 1997,
(5) The first installment shall be spread upon the 1998 City tax
roil in the manner required by Section 3 08 210 of the
Livonia Code of Ordinances, as amended, together with
interest upon all unpaid installments from December 1,
1997, 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
L #507-97 WHEREAS, pursuant to the direction of the City Council in
its resolution 346-97, adopted on April 30, 1997, and in accordance with
Section 3 08 140 of the Livonia Code of Ordinances, as amended, the
City Assessor of the City of Livonia has prepared, reported and certified
to the Council under date of May 16, 1997, an assessment roll dated May
16, 1997, for the proposed improvement consisting of installation of 100-
watt high pressure sodium lights on davitt poles with underground wiring
on Stark Road and Lyndon Avenue in the East 1/2 of Section 12
containing the special assessments to be assessed and levied,
respectively, in the proposed special assessment district heretofore
established for the construction and operation of the proposed
improvement in said district as designated in Council Resolution 346-97;
THEREFORE, BE IT RESOLVED, that the said roll is hereby accepted by
the City Council, that it is hereby ordered to be filed in the office of the
City Clerk for public examination, that the City Clerk be and hereby is
directed to give notice as required by the provisions of Section 3 08 110
of the Livonia Code of Ordinances, as amended, to wit: that the
assessment roll has been made and filed in the office of the City Clerk for
public examination and that the City Council of the City of Livonia will
1160 meet in the City Hall, 33000 Civic Center Drive, Livonia, Michigan, on
Wednesday, August 13, 1997, at 7 00 p m to review the said special
assessment roll at which time and place opportunity will be given to all
interested persons to be heard,
30280
IT IS FURTHER RESOLVED, that the City Clerk be and hereby is
directed to publish a notice of said public hearing at least once in the
official newspaper of the City of Livonia which is published and circulated
generally in and throughout the said City, at least ten (10) days prior to
the aforesaid date of August 13, 1997, the City Clerk is also directed to
give notice of said hearing by sending written notice thereof by first class
mail to each and every property owner in the proposed assessment
district as their respective names and addresses appear on the most
current assessment roll in the City Assessor's office
#508-97 WHEREAS, the City of Livonia has received a request from
J P Investments, dated May 30, 1997, and a subsequent communication
dated June 4, 1997, proposing the establishment of an industrial
development district; and
WHEREAS, pursuant to Act 198 (255) of the Public Acts of 1974 (1978),
as amended, this Council has authority to establish "industrial
development districts" within the boundaries of the City of Livonia; and
WHEREAS, there is located within the boundaries of the City of Livonia
an area of approximately 1 88 acres lying in the Northwest 1/4 of Section
26 as more particularly described in the attachment to the application
which is hereby incorporated by reference and which is hereinafter
referred to as "Proposed City of Livonia Industrial Development District
No 67";
NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF LIVONIA, as
follows
1 The City Clerk is directed to give written notice by certified mail of
this action to all owners of real property within the boundaries of
Proposed City of Livonia Industrial Development District No 67
2. This City Council sets Wednesday, July 16, 1997, at 7 00 p m as
the date for the holding of a public hearing on the question of
whether this City Council should establish the Industrial
Development District described above
3 This City Council directs the City Clerk to provide notice, as
required by law, of the public hearing fixed above, so that all
residents or taxpayers of the City of Livonia shall be afforded an
opportunity to be heard on the question of establishing the
Industrial Development District described above
#509-97 WHEREAS, the City Clerk has received an Application for
Industrial Facilities Exemption Certificate from Crucam Inc./KEV, Inc.,
dated May 28, 1997, covering new industrial facilities to be located at
30281
38099 Schoolcraft within City of Livonia Industrial Development District
It
55,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
LIVONIA that it determines as follows
1 The City Clerk shall provide copies of the said Application to the
legislative bodies of the governmental units deriving property taxes
from the property which will be affected, as required by Act 198,
P.A. 1974, as amended
2. The City Clerk shall contact each of the affected taxing units and,
(i) indicate the Council's interest in this matter, and (ii) assist these
taxing units in collecting such information as may be necessary to
determine their respective opinions on this Application and, (iii)
advise the said taxing units of this Council's desire to hold a
hearing on this Application on Wednesday, July 23, 1997, at 7 00
p m at the Livonia City Hall, 33000 Civic Center Drive, Livonia,
Michigan
3 The Council hereby sets Wednesday, July 23, 1997, at 7 00 p m.
at the Livonia City Hall, 33000 Civic Center Drive, Livonia,
Michigan, as the date, time and place for conducting a hearing on
said Application
#510-97 WHEREAS, the City Clerk has received an Application for
Industrial Facilities Exemption Certificate from Crucam Inc./KEV, Inc.,
dated May 28, 1997, covering new industrial facilities to be located at
11844 Hubbard within City of Livonia Industrial Development District 66,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
LIVONIA that it determines as follows
1 The City Clerk shall provide copies of the said Application to the
legislative bodies of the governmental units deriving property taxes
from the property which will be affected, as required by Act 198,
P.A. 1974, as amended
2 The City Clerk shall contact each of the affected taxing units and,
(i) indicate the Council's interest in this matter, and (ii) assist these
taxing units in collecting such information as may be necessary to
determine their respective opinions on this Application and, (iii)
advise the said taxing units of this Council's desire to hold a
hearing on this Application on Wednesday, July 23, 1997, at 7 00
p m. at the Livonia City Hall, 33000 Civic Center Drive, Livonia,
Michigan
30282
3 The Council hereby sets Wednesday, July 23, 1997, at 7 00 p m.
at the Livonia City Hall, 33000 Civic Center Drive, Livonia,
Michigan, as the date, time and place for conducting a hearing on
said Application
#511-97 WHEREAS, the City Clerk has received an Application for
Industrial Facilities Exemption Certificate from Progress Pattern, dated
May 28, 1997, covering new industrial facilities to be located within City of
Livonia Industrial Development District 65,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
LIVONIA that it determines as follows
1 The City Clerk shall provide copies of the said Application to the
legislative bodies of the governmental units deriving property taxes
from the property which will be affected, as required by Act 198,
P A. 1974, as amended
2 The City Clerk shall contact each of the affected taxing units and,
(i) indicate the Council's interest in this matter, and (ii) assist these
taxing units in collecting such information as may be necessary to
determine their respective opinions on this Application and, (iii)
advise the said taxing units of this Council's desire to hold a
hearing on this Application on Wednesday, July 23, 1997, at 7 00
p m at the Livonia City Hall, 33000 Civic Center Drive, Livonia,
Michigan
3 The Council hereby sets Wednesday, July 23, 1997, at 7 00 p m.
at the Livonia City Hall, 33000 Civic Center Drive, Livonia,
Michigan, as the date, time and place for conducting a hearing on
said Application
#512-97 WHEREAS, the City Clerk has received an Application for
Industrial Facilities Exemption Certificate from Hy-Form Products, Inc.,
dated May 15, 1997, covering new industrial facilities to be located within
City of Livonia Industrial Development District 9;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
LIVONIA that it determines as follows
1 The City Clerk shall provide copies of the said Application to the
legislative bodies of the governmental units deriving property taxes
from the property which will be affected, as required by Act 198,
P A. 1974, as amended
2 The City Clerk shall contact each of the affected taxing units and,
(i) indicate the Council's interest in this matter, and (ii) assist these
taxing units in collecting such information as may be necessary to
30283
determine their respective opinions on this Application and, (iii)
advise the said taxing units of this Council's desire to hold a
hearing on this Application on Wednesday, July 16, 1997, at 7 00
p m at the Livonia City Hall, 33000 Civic Center Drive, Livonia,
Michigan
3 The Council hereby sets Wednesday, July 16, 1997, at 7 00 p m
at the Livonia City Hall, 33000 Civic Center Drive, Livonia,
Michigan, as the date, time and place for conducting a hearing on
said Application
#513-97 RESOLVED, that having considered a communication from
Dickinson, Wright, Moon, VanDusen & Freeman, on behalf of Kmart
Corporation, dated May 30, 1997, which in accordance with the provisions
of Section 19 08 of Ordinance 543, as amended, the Zoning Ordinance,
takes an appeal from a determination made on May 20, 1997, by the City
Planning Commission in its resolution 5-88-97 with regard to Petition 97-
3-2-9 submitted by Kmart Corporation requesting waiver use approval to
utilize an SDM license in conjunction with an existing store located on the
north side of Seven Mile Road between Farmington Road and Norwich
Avenue in the Southeast 1/4 of Section 4, which property is zoned C-2,
the Council does hereby designate Wednesday, August 13, 1997, at 7 00
p m as the date and time for conducting a public hearing with regard to
this matter, such hearing to be held at the City Hall, 33000 Civic Center
Drive, Livonia, Michigan, and the City Clerk is hereby requested to do all
things necessary in order to give proper notice in writing, as well as by the
publication of a notice in the City's official newspaper of such hearing and
the date and place thereof, in compliance with the requirements set forth
in Ordinance 543, as amended, the Zoning Ordinance of the City of
Livonia.
A roll call vote was taken on the foregoing resolutions with the following result:
AYES Vandersloot, McGee, Taylor, Duggan, Feenstra, Brosnan, and
Laura.
NAYS None
On a motion by Duggan, seconded by Brosnan, and unanimously
adopted, it was.
#514-97 RESOLVED, that having considered a request from
Councilmember Brian Duggan concerning the status of a promotional
semi-trailer parked in front of Brose Electric at the corner of Seven Mile
and Newburgh, the Council does hereby determine to take no further
action with respect to this matter
30284
Feenstra gave first reading to the following Ordinance
AN ORDINANCE AMENDING SECTION 100 OF TITLE 9,
CHAPTER 56 (MALICIOUS MISCHIEF) OF THE LIVONIA
CODE OF ORDINANCES, AS AMENDED
The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in the
Office of the City Clerk and is the same as if word for word repeated herein The above
Ordinance was placed on the table for consideration at the next regular meeting
Taylor gave first reading to the following Ordinance
AN ORDINANCE AMENDING SECTION 011 OF TITLE 10,
CHAPTER 36 (OPERATING VEHICLE WHILE UNDER
INFLUENCE OF LIQUOR AND/OR CONTROLLED SUBSTANCE)
OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED
The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in the
Office of the City Clerk and is the same as if word for word repeated herein. The above
Ordinance was placed on the table for consideration at the next regular meeting
Feenstra gave first reading to the following Ordinance
AN ORDINANCE AMENDING SECTION 050 OF TITLE 15,
CHAPTER 04 (BUILDING CODES) AND SECTIONS 030, 160
AND 165 OF TITLE 15, CHAPTER 32 (PROPERTY
MAINTENANCE CODES) OF THE LIVONIA CODE OF
ORDINANCES, AS AMENDED
The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in the
Office of the City Clerk and is the same as if word for word repeated herein The above
Ordinance was placed on the table for consideration at the next regular meeting
Duggan gave first reading to the following Ordinance
AN ORDINANCE AMENDING SUBSECTIONS 010, 020 AND
030 OF TITLE 5, CHAPTER 36 (GASOLINE SERVICE STATIONS
AND TOWING OPERATIONS) OF THE LIVONIA CODE OF
ORDINANCES, AS AMENDED
30285
The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in the
Office of the City Clerk and is the same as if word for word repeated herein The above
Ordinance was placed on the table for consideration at the next regular meeting
The following individuals from the audience spoke in opposition to this
proposed ordinance
1) Barry Foreman, business owner on Grand River (27500),
2) Colleen Densick, representing Concerned Citizens of Michigan, P 0 Box 536,
Dearborn Heights;
3) Murray Foreman, business owner on Grand River (27500), and
4) Daniel Gertman, resident of Southfield.
Jim Haverstick, Haverstick Towing, 1014 Dowling, Westland - spoke to
perceived problems with paperwork required when towing vehicles in the City of
Livonia.
On a motion by Taylor, seconded by Brosnan, and unanimously adopted,
it was.
#515-97 RESOLVED, that the Council does hereby refer to the
administration for a report and recommendation from the Division of
Police the subject matter of towing procedures
Donald Leese, Donald Leese Towing, a Livonia resident - also voiced concerns
about this matter
Feenstra gave first reading to the following Ordinance
AN ORDINANCE AMENDING SECTION 190 OF TITLE 10,
CHAPTER 48 (STOPPING, STANDING, PARKING AND
LOADING) OF THE LIVONIA CODE OF ORDINANCES,
AS AMENDED
The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in the
Office of the City Clerk and is the same as if word for word repeated herein. The above
Ordinance was placed on the table for consideration at the next regular meeting.
Feenstra gave first reading to the following Ordinance
AN ORDINANCE AMENDING SECTION 170 OF TITLE 5,
CHAPTER 03 (GENERAL LICENSING PROCEDURES) OF
THE LIVONIA CODE OF ORDINANCES, AS AMENDED
30286
The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in the
Office of the City Clerk and is the same as if word for word repeated herein The above
Ordinance was placed on the table for consideration at the next regular meeting
On a motion by Feenstra, seconded by McGee, and unanimously
adopted, it was
#516-97 RESOLVED, that having considered the report and
recommendation of the Department of Law, dated May 19, 1997,
approved for submission by the Mayor, regarding the license fees and a
proposed amendment to Section 170 of Title 5, Chapter 03 (General
Licensing Procedure), submitted pursuant to Council Resolutions 1127-
96, 741-96, 601-95, and 428-95, the Council does hereby refer this matter
to the administration for its report and recommendation
Taylor gave first reading to the following Ordinance
AN ORDINANCE AMENDING SECTION 12 OF THE ZONING
MAP OF THE CITY OF LIVONIA AND AMENDING ARTICLE III
OF ORDINANCE NO 543, AS AMENDED, KNOWN AND CITED
AS "THE CITY OF LIVONIA ZONING ORDINANCE" BY ADDING
SECTION 3 THERETO (Petition 96-11-1-24)
The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in the
Office of the City Clerk and is the same as if word for word repeated herein. The above
Ordinance was placed on the table for consideration at the next regular meeting.
Taylor gave first reading to the following Ordinance
AN ORDINANCE AMENDING SECTION 32 OF THE ZONING
MAP OF THE CITY OF LIVONIA AND AMENDING ARTICLE III
OF ORDINANCE NO 543, AS AMENDED, KNOWN AND CITED
AS "THE CITY OF LIVONIA ZONING ORDINANCE" BY ADDING
SECTION 3 THERETO (Petition 97-1-1-1)
The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in the
Office of the City Clerk and is the same as if word for word repeated herein. The above
Ordinance was placed on the table for consideration at the next regular meeting
30287
Feenstra gave first reading to the following Ordinance
AN ORDINANCE AMENDING SECTIONS 010 AND 020 OF
CHAPTER 87 (TOY VEHICLES) OF TITLE 10 OF THE
LIVONIA CODE OF ORDINANCES, AS AMENDED
The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in the
Office of the City Clerk and is the same as if word for word repeated herein The above
Ordinance was placed on the table for consideration at the next regular meeting
Brosnan gave first reading to the following Ordinance
AN ORDINANCE AMENDING SECTION 31 03 OF ARTICLE XXXI
OF ORDINANCE NO 543, AS AMENDED, KNOWN AND CITED
AS "THE CITY OF LIVONIA ZONING ORDINANCE"
(Petition 96-11-6-8)
The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in the
Office of the City Clerk and is the same as if word for word repeated herein The above
Ordinance was placed on the table for consideration at the next regular meeting
Taylor took from the table, for second reading and adoption, the following
Ordinance
AN ORDINANCE AMENDING SECTION 8 OF THE ZONING MAP
OF THE CITY OF LIVONIA AND AMENDING ARTICLE III OF
ORDINANCE NO 543, AS AMENDED, KNOWN AND CITED AS
"THE CITY OF LIVONIA ZONING ORDINANCE" BY ADDING
SECTION 3 THERETO (Petition 96-11-1-25)
A roll call vote was taken on the foregoing Ordinance with the following result:
AYES Vandersloot, McGee, Taylor, Duggan, Feenstra, Brosnan, and
Laura.
NAYS None
The President declared the foregoing Ordinance duly adopted, and would become
effective on publication
30288
Duggan took from the table, for second reading and adoption, the
following Ordinance
AN ORDINANCE AMENDING SECTION 5 OF THE ZONING MAP
OF THE CITY OF LIVONIA AND AMENDING ARTICLE III OF
ORDINANCE NO 543, AS AMENDED, KNOWN AND CITED AS
"THE CITY OF LIVONIA ZONING ORDINANCE" BY ADDING
SECTION 3 THERETO (Petition 96-11-1-26)
A roll call vote was taken on the foregoing Ordinance with the following result:
AYES Vandersloot, McGee, Taylor, Duggan, Feenstra, Brosnan, and
Laura
NAYS None
The President declared the foregoing Ordinance duly adopted, and would become
effective on publication
On a motion by Duggan, seconded by Feenstra, and unanimously
adopted, it was.
#517-97 RESOLVED, that the Council requests that, in accordance
with Council Resolution 300-88, the property located on the north side of
Seven Mile Road immediately west of and adjacent to Glenda's Farm
Market in the South 1/2 of Section 5, described as
That part of the South 1/2 of Section 5, T 1 S , R. 9 E , City of
Livonia, Wayne County, Michigan, described as beginning at a
point distant N 0°14'0" East, 60 feet and N 89°14'30" West, 43
feet from the South 1/4 corner of Section 5, proceeding thence N
0°14'0" East, 336 feet; thence South 89°14'30" East, 208 feet;
thence South 0°14'0" West, 336 feet, thence N 89°14'30" West,
208 feet to the point of beginning (Part of 020-99-0002-000 and
019-99-0023-001),
be posted with a "For Sale" sign for 30 days prior to taking bids, and that
the Director of Finance prepare specifications and obtain competitive bids
with respect to the proposed sale of this City property, accompanied by a
deposit in the form of a money order or certified check which is equal to
five percent of the bid price or $500 00, whichever is greater, and in the
event of a default, the deposit is subject to forfeiture or liquidated
damages, and all competitive bids shall thereafter be submitted to the
Council for consideration
30289
From the audience, Sam Baki addressed the foregoing matter
Duggan left the podium at 9.13 p m due to a conflict of interest on the next matter
Taylor took from the table, for second reading and adoption, the following
Ordinance
AN ORDINANCE AMENDING SECTION 2 OF THE ZONING MAP
OF THE CITY OF LIVONIA AND AMENDING ARTICLE III OF
ORDINANCE NO 543, AS AMENDED, KNOWN AND CITED AS
"THE CITY OF LIVONIA ZONING ORDINANCE" BY ADDING
SECTION 3. THERETO (Petition 96-12-1-28)
The following individuals from the audience spoke in opposition to this matter:
1) Bill Craig, 20050 Milbum
2) Frances Edington, 20139 Milbum
3) Robert Kuznia, 30944 Fargo
4) Sherri McClain, 20073 Sunset
5) Scott McClain, 20073 Sunset
6) Kathy Carzon, 31034 Fargo
7) Shirley Miller, 20150 Sunset
8) Anna Roth, 20196 Sunset
9) Mark Pover, 19936 Sunset
10) Matt Boettcher, 20030 Milburn
11) Tim Hughes, 20067 Milburn
The petitioner, Leo Soave, also addressed this matter
A roll call vote was then taken on the foregoing Ordinance with the following result:
AYES. McGee, Taylor, Feenstra, Brosnan, and Laura.
NAYS Vandersloot.
The President declared the foregoing Ordinance duly adopted, and would become
effective on publication.
Duggan returned to the podium at 9.37 p m
On a motion by McGee, seconded by Feenstra, and unanimously
adopted, it was
30290
#518-97 RESOLVED, that the Council hereby refers to the City
Planning Commission for a public hearing and possible amendment of the
City's Master Plan and the Zoning Ordinance the matter of eliminating the
RUF classification and establishing special residential districts which
have as their objective the preservation and protection of existing low-
density residential areas of predominantly rural character, comprised
wholly or substantially of lots of one-half acre and greater in size, so as to
maintain the long-term availability of such residential areas in the City as
an important portion of the City's housing stock, and the Council does
hereby find and determine that the preservation of such areas and the
establishment of such special districts is in the best interests of the health
and welfare of the City and its residents
On a motion by Taylor, seconded by Duggan, and unanimously adopted,
it was
#519-97 RESOLVED, that having considered a communication from
the City Assessor, dated May 7, 1997, approved for submission by the
Mayor, with regard to a request from Mr Raymond Slepski, 9815 Sil,
Taylor, Michigan 48180, and in accordance with the provisions of 1967
PA 288, as amended, as well as Section 18 46 of Ordinance 543, as
amended, the Council does hereby approve of the proposed division and
combination of Tax Item Nos 46 129 01 0092 002, 46 129 02 0001 000
and 46 129 02 0006 000, into three (3) parcels, the legal descriptions of
which shall read as follows
PARCEL A.
Lot 1, Richland Estates Subdivision, L83 P24, Wayne County
Records, T 1 S , R. 9 E , also the west 60 ft. of the east 420 ft. of
Lot 92, Supervisor's Livonia Plat No 2, T 1 S , R. 9 E , L66 P1,
Wayne County Records
PARCEL B.
The west 240 ft. of the east 360 ft. of Lot 92, Supervisor's Livonia
Plat No 2, T 1 S , R. 9 E , L66 P1, Wayne County Records
PARCEL C.
Lot 6, Richland Estates Subdivision, T 1 S , R. 9 E , L83 P24,
Wayne County Records, also the east 120 ft. of Lot 92,
Supervisor's Livonia Plat No 2, T 1 S , R. 9 E , L66 P1, Wayne
County Records
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 to the
30291
extent required by law and City ordinance, the action herein is made
subject to the approval of the Zoning Board of Appeals
On a motion by Taylor, seconded by Duggan, it was
#520-97 RESOLVED, that having considered the report and
recommendation of the Mayor, dated May 20, 1997, the Council does
hereby approve the 1995-1998 wage rate schedule for the Director of
Finance, effective December 1, 1996, as follows
INCREASE 3% 6% 1% 6%
1995-96 1996-97 03/01/97 1997-98
STEP 1 60,070 40 63,668 80 64,313 60 68,182 40
STEP 1 5 61,276 80 64,958 40 65,603 20 69,534 40
STEP 2 62,441 60 66,185 60 66,851 20 70,865 60
STEP 3 64,937 60 68,827 20 69,513 60 73,694 40
STEP 4 67,600 00 71,656 00 72,363 20 76,710 40
STEP 5 70,262 40 74,484 80 75,233 60 79,747 20
FURTHER, the Council does hereby approve the 1995-1998 wage rate
schedule for the Director of Public Works, effective February 1, 1997, as
follows
INCREASE 3% 6% 1% 6%
1995-96 1996-97 03/01/97 1997-98
70,262 40 74,484 80 75,233 60 79,747 20
the same benefits (i e , longevity, vacation credit, sick leave, dental,
optical, medical benefits, etc.) as extended to other full-time classified
Civil Service employees shall be afforded these positions
A roll call vote was taken on the foregoing resolution with the following result:
AYES Vandersloot, McGee, Taylor, Duggan, Brosnan, and Laura
NAYS Feenstra.
The President declared the resolution adopted
On a motion by Feenstra, seconded by Vandersloot, and unanimously
adopted, it was
#521-97 RESOLVED, that having considered the report and
recommendation of the Department of Law, dated May 13, 1997,
approved by the Superintendent of Parks and Recreation and the
30292
Director of Finance, and approved for submission by the Mayor, to which
is attached a proposed addendum to the agreement for concession
stands at Eddie Edgar Arena and Ford Field between the City of Livonia
and Livonia Concession Services, Inc., the Council does hereby
authorize the Mayor and City Clerk to execute the addendum, for and on
behalf of the City of Livonia, in the manner and form herein submitted,
and to do all other things necessary or incidental to the full performance
of this resolution
On a motion by Brosnan, seconded by Taylor, it was
#522-97 RESOLVED, that having considered a communication from
the City Planning Commission, dated May 21, 1997, which transmits its
resolution 5-81-97 adopted on May 13, 1997, with regard to Petition 97-4-
8-10 submitted by Auto Zone Inc., requesting site plan approval in
connection with a proposal to construct a commercial building on the
property located at 29100 Plymouth Road in the Southwest 1/4 of Section
25, pursuant to the provisions set forth in Section 18 58 of Ordinance No
543, as amended, the Council does hereby refer this item to the
Committee of the Whole for its report and recommendation
A roll call vote was taken on the foregoing resolution with the following result:
AYES Vandersloot, McGee, Taylor, Duggan, Brosnan, and Laura.
NAYS Feenstra.
The President declared the resolution adopted
On a motion by Feenstra, seconded by Brosnan, it was
#523-97 RESOLVED, that having considered the report and
recommendation of the Department of Law, dated June 2, 1997, approved
for submission by the Mayor, submitted pursuant to Council Resolution
400-97, to which is attached a proposed amended Concession Agreement
between the City of Livonia and Moutafis, Inc., 34887 Bunker Hill,
Farmington Hills, Michigan 48018 (Whispering Willows Golf Course), the
Council does hereby authorize the Mayor and City Clerk, for and on
behalf of the City of Livonia, to execute the said amended Concession
Agreement, as well as to do all other things necessary or incidental to the
full performance of this resolution
A roll call vote was taken on the foregoing resolution with the following result.
AYES McGee, Taylor, Duggan, Feenstra, Brosnan, and Laura
NAYS Vandersloot.
30293
The President declared the resolution adopted
On a motion by Taylor, seconded by Duggan, and unanimously adopted,
it was
#524-97 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.
A communication from the Livonia Housing Commission, dated May 27,
1997, re HUD Section 8 Contract Renewals (Ziegler Place and Trinity Park) was
received and placed on file for the information of the Council
On a motion by Feenstra, seconded by Taylor, and unanimously adopted,
it was
#525-97 RESOLVED, that having considered the report and
recommendation of the Committee of the Whole, dated June 3, 1997,
submitted pursuant to Council Resolution 372-97, and a communication
from the Department of Law, dated April 14, 1997, approved by the
Housing Director and the Finance Director and approved for submission
by the Mayor, the Council does hereby authorize the Department of Law
to acquire the property located at 11981 Newburgh Road, owned by
Lawrence and Joanne Desjarlais, which land is more particularly
described as follows
Lot 504, Supervisor's Livonia Plat No 9, part of the
Southeast 1/4 of Section 30, T 1 S , R. 9 E , City of
Livonia, County of Wayne, State of Michigan
subject to the following conditions
1 That the purchase price shall be in the sum of $120,000 00,
plus an estate for years,
2 That the City of Livonia shall pay for the cost of title work and
any closing costs in the sum not to exceed $2,000 00, and
3 That the City's portion of the prorated City, County, County
Drain, School and Community College taxes and
assessments shall be in a sum not to exceed $2,000 00
4 That in the event the City proceeds with the Newburgh
Village Expansion Project, then the sellers shall have the
30294
right to purchase the buildings situated on the site for
salvage value and move them off the site, with no guarantee
that the City will approve permits for such a building
relocation
imp
BE IT FURTHER RESOLVED, that a sum not to exceed $124,000 00 is
hereby authorized to be expended from the following sources an
appropriation in the amount of$76,840 00 from the Unexpended General
Fund Balance to be transferred to Account No 101-267-972-000 (Land
Purchase Account) and $47,160 00 that remains in Account No 401-000-
972-293 from the appropriation authorized in Council Resolution 598-96,
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, and the City Clerk is hereby requested to do all things
necessary or incidental to the full performance of this resolution
On a motion by Feenstra, seconded by Brosnan, and unanimously
adopted, it was
#526-97 RESOLVED, that having considered the report and
recommendation of the Committee of the Whole, dated June 3, 1997,
submitted pursuant to Council Resolution 278-97, and the report and
recommendation of the Inspection Department, dated March 10, 1997,
approved for submission by the Mayor, submitted pursuant to Council
Resolution 127-97, concerning the outdoor storage chest and soda
machine at the Amoco Station located at 39350 Six Mile Road, the
Council does hereby determine to take no further action with respect to
this matter
On a motion by Feenstra, seconded by Brosnan, it was
#527-97 RESOLVED, that having considered the report and
recommendation of the Committee of the Whole, dated June 3, 1997,
submitted pursuant to Council Resolution 279-97, and a communication
from the Inspection Department, dated March 19, 1997, approved for
submission by the Mayor, with regard to the sign at Village Green Florist,
33239 Eight Mile Road, the Council does hereby determine to take no
further action with respect to this matter
A roll call vote was taken on the foregoing resolution with the following result.
AYES Vandersloot, Taylor, Duggan, Feenstra, Brosnan, and Laura
NAYS McGee
The President declared the resolution adopted
30295
A communication from the Mayor, dated May 28, 1997, re forwarding
tip background material for the Committee of the Whole Meeting of June 3, 1997,
pertaining to Time Warner Cable issues was received and placed on file for the
information of the Council (CR 309-97)
A communication from Rice, Williams Associates, dated October 10,
1996, re "Consumer Market Survey of Cable Subscribers for the City of Livonia,
Michigan" was received and placed on file for the information of the Council
A communication from Rice, Williams Associates, dated December 16,
1996, re "Community Needs Assessment for the City of Livonia, Michigan" was
received and placed on file for the information of the Council
On a motion by Feenstra, seconded by Vandersloot, and unanimously
adopted, it was
#528-97 RESOLVED, that having considered the report and
recommendation of the Committee of the Whole, dated June 3, 1997,
submitted pursuant to Council Resolution 309-97, and the report and
recommendation of the Mayor, dated March 26, 1997, requesting an
informational meeting with the Council regarding Time Warner cable
issues and a timetable and plan of action for renewal of the cable
television franchise, and which transmits resolution 253-97 adopted by
the Livonia Cable Television Commission, the Council does hereby
concur in the recommendation of the Livonia Cable Television
Commission and does hereby authorize the following actions
1 Immediate initiation of negotiations by the administration with Time
Warner regarding the use of three access channels for commercial
programming, the results of such negotiations to be submitted to
Council for approval in the form of a memorandum of
understanding added to the existing franchise within three months
2 Retaining Rice, Williams Associates, 601 Pennsylvania Avenue,
N W , Suite 900, Washington, D C 20004, for conducting a
technical audit of the cable television system which shall include
an evaluation of cable franchise and access for subscriber
international network as well as status and life expectancy of
access equipment, with such audit to be completed by September,
1997
30296
3 Retaining Mr John Pestle of the law firm, Varnum, Riddering,
Schmidt and Howlett, LLP, Bridgewater Place, P 0 Box 352,
Grand Rapids, Michigan 49501-0352, to prepare a preliminary draft
of the cable television ordinance which draft would include
minimum bid requirements of the franchisee and incorporate
community needs as identified in the community needs assessment
report prepared by Rice, Williams Associates and to be completed
by November, 1997
4 The establishment of the negotiating team for the City for renewal
negotiations with Time Warner using the draft cable television
ordinance as a foundation for discussion, which negotiating team
shall consist of Mr John Pestle from Varnum, Riddering, Schmidt
and Howlett, a representative from Rice, Williams Associates, a
representative from the Department of Law, a representative from
the City Council, a representative from the Livonia Cable
Television Commission, and the Mayor, and with the understanding
that the negotiations shall commence in the Fiscal Year 1997-98
with the new franchise to be signed by June, 1998
FURTHER, the Council does hereby appropriate and authorize the
expenditure of a sum not to exceed $50,000 00 ($20,000 00 for the work
to be completed by Rice, Williams Associates and $30,000 00 to Varnum,
Riddering, Schmidt and Howlett, LLP, for the preparation of the ordinance
and negotiations with Time Warner Cable) from funds already budgeted
for this purpose in Account No 297-751-818-005, subject to
reimbursement by Time Warner of 100% of the amount paid to Rice,
Williams Associates by the City pursuant to Section 5-1807(b) of the
Cable Television Franchise Ordinance, and reimbursement by Time
Warner of 50% of the amount paid to Varnum, Riddering, Schmidt and
Howlett, LLP, by the City pursuant to Section 5-1805(f)(2) of the Cable
Television Franchise Ordinance, FURTHER, the Council does hereby
authorize retaining such firms without competitive bidding for the reasons
indicated in the aforesaid communication, and such action is taken in
accordance with the provisions set forth in Section 3 04 140D2 and 4 of
the Livonia Code of Ordinances, as amended, and the Mayor and City
Clerk are hereby authorized to execute any necessary contracts, for and
on behalf of the City of Livonia, with the aforesaid firms and to do all other
things necessary or incidental to the full performance of this resolution
On a motion by Taylor, seconded by Feenstra, and unanimously adopted,
it was
#529-97 RESOLVED, that having considered the report and
recommendation of the Committee of the Whole, dated June 3, 1997,
submitted pursuant to Council Resolution 309-97, and the report and
30297
recommendation of the Mayor, dated March 26, 1997, requesting an
informational meeting with the Council regarding Time Warner cable
issues and a timetable and plan of action for renewal of the cable
television franchise, and which transmits resolution 253-97 adopted by
the Livonia Cable Television Commission which sets forth a proposed
plan of action relative to renewal of the Time Warner Cable Television
Franchise, the Council does hereby request that the administration enter
into negotiations with Time Warner regarding the proposed
discontinuance of the loan of the City's two access channels (Channel 21
and 24) to Time Warner
On a motion by Brosnan, seconded by Taylor, and unanimously adopted,
it was
#530-97 RESOLVED, that having considered the report and
recommendation of the Committee of the Whole, dated June 3, 1997,
submitted pursuant to Council Resolution 478-97, concerning the issue of
the development of Pines of Winfield Subdivision, the Council does
hereby refer the subject of an update on the progress of the development
of the Pines of Winfield Subdivision to the Mayor for a report and
recommendation, such report to be submitted to Council within one
month
On a motion by Feenstra, seconded by Duggan, and unanimously
adopted, it was
#531-97 RESOLVED, that having considered the report and
recommendation of the Committee of the Whole, dated June 3, 1997,
submitted pursuant to Council Resolution 478-97, the Council does
hereby refer the subject of the progress of the development at Five Mile
Road and Spanich Court on the east side of the Kroger project by Sam
Baki to the Director of Public Works - Engineering Division for a report
and recommendation, the same to thereafter be submitted to Council
within one month
On a motion by Duggan, seconded by Feenstra, it was
#532-97 RESOLVED, that having considered the report and
recommendation of the Streets, Roads, and Plat Committee, dated June 4,
1997, submitted pursuant to Council Resolution 305-97, and a
communication from the City Planning Commission, dated February 4,
1997, which sets forth its resolution 1-8-97 adopted on January 21, 1997,
with regard to Petition 96-10-2-29 submitted by Joseph P Durso requesting
waiver use approval to develop a site condominium project on property
located between the Hees Avenue dead-ends east of Linville Avenue and
north of Joy Road in the Southeast 1/4 of Section 32, which property is
30298
zoned R-1, and the Council having conducted a public hearing with regard
to this matter on March 24, 1997, pursuant to Council Resolution 100-97,
the Council does hereby reject the recommendation of the City Planning
Commission and said Petition 96-10-2-29 is hereby approved and granted
The following individuals from the audience voiced their opposition to this
matter
1) John Muir, 8832 Linville
2) Gloria Coffin, 35681 Hees
3) Barbara Mays, 35800 Joy Road
4) Tim Baldwin, 35718 Hees
5) Thomas Flynn, 8856 Harvey
6) Linda Stubbe, 8844 Linville
The petitioner, Ron Hartlieb, spoke to ownership interests and law suits, and
John Coutilish, 1275 W Square Lake Road, Bloomfield Hills, attorney representing Mr
Barrie O'Brien, also addressed the foregoing matter
A roll call vote was then taken on the foregoing resolution with the following result:
AYES Vandersloot, McGee, Duggan, Feenstra, and Laura.
NAYS Taylor and Brosnan
The President declared the resolution adopted
A communication from the Department of Law, dated June 9, 1997, re
the ownership of the real property which is the subject of Petition 96-10-2-29, the
waiver use request by Joseph Durso to develop a site condominium project between
the Hees Avenue dead-ends east of Linville Avenue and north of Joy Road in the
Southeast 1/4 of Section 32, was received and placed on file for the information of the
Council (CR 305-97)
No one wished to speak during the audience communication portion of
the meeting
30299
On a motion by Taylor, seconded by Brosnan, and unanimously adopted,
this 1,346th Regular Meeting of the Council of the City of Livonia was adjourned at
10.12 p m , June 11, 1997
' ,
J0:4McCotter, City Clerk