HomeMy WebLinkAboutCOUNCIL MINUTES 1996-01-31 29267
MINUTES OF THE ONE THOUSAND THREE HUNDRED AND THIRTEENTH
REGULAR MEETING OF THE COUNCIL OF THE CITY OF LIVONIA
On January 31, 1996, the above meeting was held at the City Hall, 33000
Civic Center Drive, Livonia, Michigan, and was called to order by the President of the
Council at 8 00 p m Councilmember Duggan delivered the invocation
Roll was called with the following result: Brian Duggan, Fernon P
Feenstra, Maureen Miller Brosnan, Val Vandersloot, Michael P McGee, Gerald Taylor,
and Joe Laura Absent: None
Elected and appointed officials present: Jack E Kirksey, Mayor; John
Nagy, City Planner; Raul Galindo, City Engineer; Cathryn K. White, City Attorney; Sean
P Kavanagh, newly-appointed City Attorney; Ann W Tavolacci, Deputy City Clerk,
Karen A. Szymula, Director of Legislative Affairs, Michael T Slater, Finance Director;
Ronald J Engle, Fire Chief; John Fegan, Director of Inspection, Jeanne Treff, Cable
Television Director; Barbara Scherr, Assistant City Attorney; William C Fried,
Municipal Building Authority of Livonia, and William LaPine, Planning Commission
On a motion by McGee, seconded by Brosnan, and unanimously adopted,
it was
#44-96 RESOLVED, that the minutes of the 1,312th Regular
Meeting of the Council of the City of Livonia, held January 17, 1996, are
hereby approved as submitted
No one from the audience wished to speak at this time
At the direction of the Chair, Items 2 and 11 were removed from the
Consent portion of the Agenda.
On a motion by Taylor, seconded by Duggan, it was
#45-96 RESOLVED, that having considered a letter from the Dean
of Marketing & Development of the Schoolcraft College Foundation, dated
29268
January 5, 1996, wherein a request is submitted to place 22" x 14"
campaign signs advertising a Spring craft show to be conducted on
Saturday, March 9, 1996, and a Fall craft show to be conducted on
Saturday and Sunday, November 9 and 10, 1996, at Schoolcraft College,
the purpose of which is to raise funds for student scholarships, which
signs are to be installed no earlier than Monday, March 4, 1996, and
removed no later than Monday, March 11, 1996, for the Spring craft show
and installed no earlier than Monday, November 4, 1996, and removed no
later than Monday, November 11, 1996, for the Fall craft show, at the
following locations
Two signs - Six Mile and Haggerty
Two signs - Seven Mile and Haggerty
One sign - Laurel Park Drive and Six Mile Road
Two signs - Five Mile and Newburgh
Two signs - Five Mile and Farmington
Two signs - Six Mile and Newburgh
Two signs - Seven Mile and Newburgh
One sign - Seven Mile and Merriman
Two signs - Seven Mile and Farmington
the Council does hereby concur in and approve of this request in the
manner and form herein submitted, such signs to be located on the right-
of-way as close as possible to the sidewalk.
#46-96 RESOLVED, that having considered a communication from
the City Assessor, dated January 3, 1996, which bears the signature of
the Finance Director and is approved for submission by the Mayor, and in
accordance with Chapter VIII, Section 6 of the Charter of the City of
Livonia, the Council does hereby determine to approve the following
dates for the Board of Review to conduct public hearings in 1996, which
public hearings are to be conducted in the conference room of the City
Assessor on the first floor of the Livonia City Hall, 33000 Civic Center
Drive, Livonia, Michigan 48154
FIRST SESSION
Tuesday March 5, 1996 1 00 p m - 4 30 p m
Wednesday March 6, 1996 9 00 a.m - 12 30 p m 2 00 p m - 4 30 p m
Friday March 8, 1996 900 a m - 12 30 p m 2 00 p m - 430 p m
Saturday March 9, 1996 9 00 a m - 3 00 p m
SECOND SESSION
Monday March 11, 1996 1 00 p m - 8 00 p m
Tuesday March 12, 1996 1 00 p m - 4 30 p m
Wednesday March 13, 1996 9 00 a m - 12 30 p m 2 00 p m - 4 30 p m
Friday March 15, 1996 900 a m - 12 30 p m 2 00 p m - 4 30 p m
Saturday March 16, 1996 9 00 a m - 3 00 p m
29269
Monday March 18, 1996 1 00 p m - 8 00 p m
Tuesday March 19, 1996 1 00 p m - 4 30 p m
Wednesday March 20, 1996 9.00 a.m - 12 30 p m 2 00 p m - 4 30 p m
Friday March 22, 1996 9.00 a.m - 12 30 p m 2 00 p m - 4 30 p m
FURTHER, the Council does hereby determine that the daily rate of
compensation to be paid to the members of the Board of Review shall be
$120 00 for the Chairperson and $100 00 for other members
Pursuant to Public Act No 165, Public Acts of 1971, we hereby give
notice that the following tentative ratios and multipliers will be used to
determine the State Equalized Value (S E V ) for the year 1996
CLASS RATIO S.E.V. FACTOR (MULTIPLIER)
Agricultural 50 00 1 0000
Commercial 50 00 1 0000
Industrial 50 00 1 0000
Residential 50 00 1 0000
Personal 50 00 1 0000
#47-96 RESOLVED, that having considered the report and
recommendation of the Cable Television Commission, dated January 9,
1996, approved by the Director of Community Resources and approved
for submission by the Mayor, and to which is attached Resolution 241-96
adopted by the Livonia Cable Television Commission at its meeting of
January 3, 1996, the Council does hereby concur in the recommendation
of the Livonia Cable Television Commission and does hereby approve the
allocation of access channels as follows for a one-year period
CHANNEL DESIGNATION
3 Community Bulletin Board
8 City Channel
10 M-ITV Educational Programming - State
12 Community Programming
13 Catholic Television Network (CTN) & Eternal Word
Television Network (EWTN) (shared allocation)
15 Livonia Public Schools K-12
16 Livonia College Network
Madonna University and Schoolcraft College
19 Loaned to Time Warner for WADL-Mt. Clemens
20 College Cable
22 Blank for Future Allocation (formerly Bravo)
23 Clarenceville Public Schools K-12
24 Loaned to Time Warner for WBSX-Ann Arbor
#48-96 RESOLVED, that having considered the report and
recommendation of the Chief of Police, dated December 8, 1995, which
bears the signature of the Finance Director and is approved for
29270
submission by the Mayor, to which is attached a proposed software
maintenance agreement between Digital Equipment Corporation and the
City of Livonia, wherein the Digital Equipment Corporation would continue
to provide a high level technical support plan for the Livonia Police
Department computer system for a three-year period for the sum of
$16,832.00 per year, from funds already budgeted for this purpose, the
Council does hereby approve this agreement and authorize the Mayor
and City Clerk, for and on behalf of the City of Livonia, to affix their
signatures to such contract, as well as to do all other things necessary or
incidental to the full performance of this resolution, and the Council does
hereby authorize the said item without competitive bidding in accordance
with Section 3 04 140D4 of the Livonia Code of Ordinances, as amended
#49-96 RESOLVED, that having considered a letter from the
Michigan Liquor Control Commission, dated July 3, 1995, and the report
and recommendation from the Chief of Police, dated January 5, 1996, in
connection therewith, approved for submission by the Mayor, the Council
does hereby recommend approval of the request from Courtyard
Management Corporation (a Delaware Corporation) and Courtyard by
Marriott II Limited Partnership (a Delaware Limited Partnership), co-
licensees, to transfer stock in 1995 12-Month Resort B-Hotel licensed
business located at 17200 N Laurel Park, Livonia, Michigan 48154,
Wayne County, through transfer of all stock (100 shares) from Marriott
Corporation to new stockholder Marriott International, Inc., and the City
Clerk is hereby requested to forward a certified copy of this resolution to
the Michigan Liquor Control Commission
#50-96 RESOLVED, that having considered the report and
recommendation of the Chief of Police, dated January 16, 1996, 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
Bedzyk Brothers, Inc., 31523 W Eight Mile, Livonia, Michigan 48152, for
completing all work in connection with the renovation of the Police
Headquarters in order to house a new communication center for the City
for the sum of $18,650 00, the same having been the lowest bid received
for this item, and the same to be expended from funds already budgeted
for this purpose in Account No 261-000-818-000; and the Chief of Police
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
451-96 RESOLVED, that having considered a communication from
the Director of Finance, dated January 12, 1996, approved for submission
by the Mayor, to which is attached a proposed agreement between the
City of Livonia and Karoub Associates, 200 North Capitol Avenue, Suite
500, Lansing, Michigan 48933, to act as the City's legislative consultant
29271
for the period January 1, 1996, through December 31, 1996, for an annual
fee of $20,000 00, including all expenses, the Council does hereby
approve the agreement in the manner and form herein submitted, and the
Mayor and City Clerk are hereby authorized, for and on behalf of the City
of Livonia, to affix their signatures to the said agreement, subject to
approval as to form by the Department of Law
#52-96 RESOLVED, that having considered a communication from
the Mayor and City Council, dated January 17, 1996, with respect to the
possible installation of traffic signals at the intersections of Victor Parkway
and Eight Mile Road and Newburgh Road and Pembroke due to
increased traffic, the Council does hereby refer this item to the Traffic
Commission for its report and recommendation
#53-96 RESOLVED, that the Council does hereby refer the subject
of the necessity for turn lanes and additional pedestrian signals at the
Newburgh Road and Pembroke Road intersection to the Engineering
Department for its report and recommendation
#54-96 RESOLVED, that having considered a communication from
the City Planning Commission, dated December 13, 1995, which
transmits its resolution 11-230-95, adopted on November 28, 1995, with
regard to Petition 95-10-2-30, submitted by Jean G Newell requesting
waiver use approval to operate a dance studio within an existing building
located on the west side of Farmington Road between Roycroft and
Rayburn in the Southeast 1/4 of Section 16, which property is zoned OS,
the Council does hereby concur in the recommendation made by the City
Planning Commission and Petition 95-10-2-30 is hereby approved and
granted, subject to the following conditions
1) A limitation on the number of students permitted in the building at
any one time of not to exceed 20; and
2) That the parking lot shall be repaved and restriped, adding one
barrier-free parking space, and a ramped access to the building's
sidewalk shall be constructed before an Occupancy Permit is
issued
#55-96 RESOLVED, that having considered a communication from
the City Planning Commission, dated January 18, 1996, which transmits
its resolution 1-7-96, adopted on January 16, 1996, with regard to Petition
95-12-2-33, submitted by Gallagher Group requesting waiver use
approval to construct an auto repair center on property located on the
west side of Middlebelt Road between Six Mile Road and Ravine Drive in
the Southeast 1/4 of Section 11, which property is zoned C-2, the Council
does hereby concur in the recommendation made by the City Planning
Commission and Petition 95-12-2-33 is hereby approved and granted,
29272
subject to the granting of a variance for a deficient front yard setback by
the Zoning Board of Appeals and to the following additional conditions.
1) That the Site Plan marked Sheet#1 dated December 18, 1995,
prepared by Gallagher Group Construction Co , which is hereby
approved, shall be adhered to,
2) That the Building Elevation Plan dated December 18, 1995,
prepared by Gallagher Group Construction Co , which is hereby
approved, shall be adhered to, and
3) That the Landscape Plan dated December 18, 1995, prepared by
Gallagher Group Construction Co , which is hereby approved, shall
be adhered to and shall be installed prior to final inspection, and
shall thereafter be permanently maintained in a healthy condition
A roll call vote was taken on the foregoing resolutions with the following result:
AYES Duggan, Feenstra, Brosnan, Vandersloot, McGee, Taylor, and
Laura.
NAYS None
On a motion by Duggan, seconded by McGee, and unanimously adopted,
it was
#56-96 RESOLVED, that having considered a communication from
Edward L. McIntosh, President of Clippers, dated January 10, 1996,
requesting an amendment to Council Resolution 803-94 to modify the
condition of a waiver use approval regarding hours of operation imposed
by the Council in connection with Petition 94-7-2-25, the Council does
hereby amend and revise Council Resolution 803-94, adopted on
November 9, 1994, so as to provide that the loading and unloading of
vehicles shall be permitted on a 24-hour basis from November 1, 1996
through April 1, 1997 (i e , extended hours shall be allowed for such trial
period), to accommodate the snow removal portion of the business and
that from April 2 through October 31 of each year, the loading and
unloading of vehicles shall be permitted only during the hours of 7 30 am
and 6 00 p m , and the balance of Council Resolution 803-94 shall remain
in full force and effect.
On a motion by Feenstra, seconded by McGee, and unanimously
adopted, it was
#57-96 RESOLVED, that the Council does hereby receive and
place on file for the information of the Council the report of the Inspection
29273
Department, dated January 24, 1996, regarding a complaint pertaining to
the business hours of Clippers Landscaping, 29615 Eight Mile Road,
Livonia, Michigan
The reports and recommendations of the Department of Parks and
Recreation and the Parks and Recreation Commission, dated November 2, 1995, and
of the Arts Commission, dated August 4, 1995, re the subject of the Master Civic
Center Park Plan and the harmonious integration of additional items, including
landscaping, sculptures, jogging trails, and the like, were received and placed on file
for the information of the Council (CR 288-95)
On a motion by Feenstra, seconded by Duggan, it was
RESOLVED, that having considered the report and
recommendation of the Committee of the Whole, dated January 16, 1996,
submitted pursuant to Council Resolution 179-93, and a communication
from the City Planning Commission, dated January 5, 1993, which sets
forth its resolution 12-537-92, adopted on December 15, 1992, with
regard to Petition 92-10-1-23, submitted by Stuart Frankel for a change of
zoning on property located on the south side of Six Mile Road between
Fitzgerald Avenue and Newburgh Road in the Northwest 1/4 of Section
17, from OS to C-2, P and AG, and the Council having conducted a public
hearing with regard to this matter on February 22, 1993, pursuant to
Council Resolution 9-93, the Council does hereby approve Petition 92-10-
1-23, as modified, so as to rezone the property from OS to C-2 and P, for
preparation of the ordinance for submission to Council, and the City
Planner is hereby instructed to cause the necessary map for publication
to be prepared indicating the zoning change herein approved and to
furnish the same to the Department of Law and, upon receipt of such
map, the Department of Law is requested to prepare an ordinance
amending Ordinance 543, as amended, in accordance with this
resolution, and the Council does hereby authorize the City Attorney, for
and on behalf of the City of Livonia, to execute a Stipulation and
Modification to the Consent Judgment previously entered with respect to
this property as may be required in connection with the previous civil
action
Councilmembers Feenstra withdrew his motion and Duggan withdrew his support of the
motion on the foregoing resolution
29274
On a motion by Taylor, seconded by Feenstra, and unanimously adopted,
it was
#58-96 RESOLVED, that having considered the report and
recommendation of the Committee of the Whole, dated January 16, 1996,
submitted pursuant to Council Resolution 179-93, and a communication
from the City Planning Commission, dated January 5, 1993, which sets
forth its resolution 12-537-92, adopted on December 15, 1992, with
regard to Petition 92-10-1-23, submitted by Stuart Frankel for a change of
zoning on property located on the south side of Six Mile Road between
Fitzgerald Avenue and Newburgh Road in the Northwest 1/4 of Section
17, from OS to C-2, P and AG, and the Council having conducted a public
hearing with regard to this matter on February 22, 1993, pursuant to
Council Resolution 9-93, the Council does hereby reject the
recommendation of the Planning Commission and Petition 92-10-1-23 is
hereby denied for the following reasons
1) That the proposed changes of zoning are contrary to the Future
Land Use Plan which designates the subject site for Office land
use,
2) That the proposed C-2 zoning district will be detrimental to and not
in harmony with the surrounding uses in the area,
3) That there is no demonstrated need for additional commercial
zoning in the area, and
4) That the proposed changes of zoning are in conflict with the
agreement stipulated in connection with certain litigation involved
with the subject property
From the audience, the following individuals spoke regarding the
proposed change of zoning by Stuart Frankel
1) Gary Witt, 16795 Renwick - he is the Vice President of the Kingsbury Heights
Civic Association In 1993 their association was opposed to this same zoning change
He feels that any change in commercial zoning will result in problems for the area
residents He is also concerned about who will be in there - Kroger or Food
Emporium? A meeting is scheduled for February 20 with Mr Frankel, Kroger, and the
civic association He asked that no action be taken on this matter until after this
meeting, where they hopefully will receive more information
2) Susan Tranquilla, 16823 Fitzgerald - she is the former president of the civic
association She was opposed to a zoning change in 1993 and she is still opposed
She went to two Kroger stores to check on their trash situation and found them to be
quite messy (photographs were shown to the Council) She is opposed to having a
Kroger so close to her
29275
3) Bev Delor, 17007 Fitzgerald - she owns the third house south of Six Mile Road,
and putting in a Kroger would mean having 200 parking spaces behind her house She
has no air conditioning and her windows are always open There are also a lot of
accidents in that area She doesn't think putting in a Kroger store would be good for
the area
4) Joe Charnawskas, 36927 Munger - commented that ever since Mr Frankel
bought that property they have had nothing but trouble, he does not take care of that
property He also commented on the traffic problems in the area. There used to be a
Kroger at Five Mile and Newburgh years ago, but they abandoned it and it turned into
Foodland.
5) George Jevarjian, 36602 Grove - stated that Mr Frankel's projects have been a
thorn in their sides for a long time "We have to look at history before we can look at
the future " The parking lot is in poor shape, there is a possibility of Kroger being a 24-
hour store, the road there goes from three lanes to two lanes and many accidents
occur
6) Stuart Moyer, 37202 Munger - named off nine (9) other food stores in the area,
and stated he didn't think we need to rezone for another one
On a motion by Taylor, seconded by McGee, it was
#59-96 RESOLVED, that having considered the report and
recommendation of the Committee of the Whole, dated January 16, 1996,
submitted pursuant to Council Resolution 933-95, the Council does
hereby rescind and repeal Council Resolution 840-95
A roll call vote was taken on the foregoing resolution with the following result:
AYES Duggan, Brosnan, Vandersloot, McGee, Taylor, and Laura
NAYS Feenstra
The President declared the resolution adopted
On a motion by Taylor, seconded by Brosnan, it was
#60-96 RESOLVED, that having considered the report and
recommendation of the Committee of the Whole, dated January 16, 1996,
submitted pursuant to Council Resolution 933-95, and a communication
from the City Planning Commission, dated November 2, 1995, which
transmits its resolution 10-206-95, adopted on October 24, 1995, with
regard to Petition 95-9-2-28, submitted by Arbor Drugs, Inc. requesting
waiver use approval for an SDM license for a proposed store to be
located within the Four Oaks Shopping Center located on the northwest
corner of Newburgh and Joy Roads in the Southeast 1/4 of Section 31,
29276
which property is zoned C-2, the Council does hereby concur in the
recommendation made by the City Planning Commission and Petition 95-
9-2-28 is hereby approved and granted
A roll call vote was taken on the foregoing resolution with the following result:
AYES Duggan, Brosnan, Vandersloot, McGee, Taylor, and Laura.
NAYS Feenstra
The President declared the resolution adopted
On a motion by Taylor, seconded by Brosnan, it was
#61-96 RESOLVED, that having considered the report and
recommendation of the Committee of the Whole, dated January 16, 1996,
submitted pursuant to Council Resolution 933-95, and a communication
from the Michigan Liquor Control Commission, dated December 5, 1994,
and the report and recommendation of the Chief of Police, dated August
23, 1995, in connection therewith, approved for submission by the Mayor,
the Council does hereby determine that it has no objection and does
recommend approval of the request from Arbor Drugs, Inc. for a new SDM
license to be located at 8811 Newburgh Road, Livonia, Michigan 48154,
Wayne County; and the City Clerk is hereby requested to forward a
certified copy of this resolution to the Michigan Liquor Control
Commission
A roll call vote was taken on the foregoing resolution with the following result:
AYES Duggan, Brosnan, Vandersloot, McGee, Taylor, and Laura
NAYS Feenstra
The President declared the resolution adopted
On a motion by Feenstra, seconded by Brosnan, and unanimously
adopted, it was
#62-96 RESOLVED, that the Council does hereby determine to take
no further action with respect to the matter of the proposed amendment to
Section 090 of Title 3, Chapter 05 (City Property Disposition) of the
Livonia Code of Ordinances, as amended
McGee gave first reading to the following Ordinance
AN ORDINANCE AMENDING EXHIBIT D(A)(2) OF
ORDINANCE 1685 OF THE LIVONIA CODE OF
29277
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 SECTIONS 020, 040 AND 050C
OF AND ADDING SECTION 070 TO CHAPTER 84 (PRIMARY
AND REGULAR ELECTIONS) OF TITLE 2 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
From the audience, the following individuals spoke regarding the
foregoing matter
1) Denise Mika-Biga, 35354 Lancashire - questioned the meaning of certain
sections of the proposed ordinance change,
2) Tim Bailey, 9826 Cranston - questioned the definition of "term" in the proposed
ordinance amendment, and stated this amendment would change the meaning of what
he voted for "Term" should include tenure,
3) Jim Biga, 35354 Lancashire - asked the Council not to go ahead with this
amendment, especially item "c" which pertains to the definition of "term " He feels that
this is a revision of the City Charter;
4) Patricia Holmes, 11015 Merriman - feels there is a conflict of interest for
Councilmembers McGee and Brosnan to be on a committee re term limits, they have a
special interest in this issue and how it affects them She also stated it is not
appropriate for the Council to change what the citizens have voted for No combination
is supposed to exceed eight (8) years,
5) Michael Driscoll, 19229 Shadyside - he submitted a written statement for the
record He asked the Council to reject the first reading for this amendment. He
believes it nullifies the term limits concept that he voted for, and that there is a loop-
hole in this amendment; and
6) Loraine Connelly, 32148 Camborne Lane - questioned the fact that our City
spent $30,000 on a special election and now you (the Council) want us to believe it
29278
didn't count? Stated that if the Council voted for this ordinance amendment, they are
not speaking for the people who voted for term limits
Brosnan gave first reading to the following Ordinance
AN ORDINANCE AMENDING SECTION 10 02 OF AND
ADDING SUBSECTION (k) TO SECTION 10 03 OF
ARTICLE X OF ORDINANCE NO 543, AS AMENDED,
KNOWN AND CITED AS "THE CITY OF LIVONIA
ZONING ORDINANCE " (Petition 95-7-6-4)
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 VACATING PORTIONS OF STREET,
ALLEY AND PUBLIC GROUND (Petition 95-10-3-3)
A roll call vote was taken on the foregoing Ordinance with the following result:
AYES Duggan, Feenstra, Brosnan, Vandersloot, McGee, Taylor, and
Laura
NAYS None
The President declared the foregoing Ordinance duly adopted, and would become
effective on publication
Brosnan took from the table, for second reading and adoption, the
following Ordinance
AN ORDINANCE VACATING PORTIONS OF STREET,
ALLEY AND PUBLIC GROUND (Petition 95-10-3-4)
A roll call vote was taken on the foregoing Ordinance with the following result:
AYES Duggan, Feenstra, Brosnan, Vandersloot, McGee, Taylor, and
Laura
NAYS None
29279
The President declared the foregoing Ordinance duly adopted, and would become
effective on publication
Feenstra took from the table, for second reading and adoption, the
following Ordinance
AN ORDINANCE AMENDING SECTION 25 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 95-7-1-16)
A roll call vote was taken on the foregoing Ordinance with the following result.
AYES Duggan, Feenstra, Brosnan, Vandersloot, McGee, Taylor, 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 Feenstra, it was
RESOLVED, that the Council does determine to receive and
place on file for the information of the Council the report from the Fire
Chief, dated December 21, 1995, regarding a requested increase in
ambulance fees, which shall be considered the report and
recommendation requested in Council Resolution 917-95
At the direction of the Chair, the report from the Fire Chief, dated
December 21, 1995, submitted pursuant to Council Resolution 917-95 regarding a
requested increase in ambulance fees, was received and placed on file for the
information of the Council
On a motion by Taylor, seconded by Vandersloot, and unanimously
adopted, it was
#63-96 RESOLVED, that having considered the report and
recommendation of the Fire Chief, dated December 21, 1995, which bears
29280
the signature of the Director of Finance and the Mayor, requesting an
increase in ambulance fees, the Council does hereby refer this matter to
the Committee of the Whole for its report and recommendation
On a motion by Feenstra, seconded by Duggan, and unanimously
adopted, it was
#64-96 RESOLVED, that having considered the report and
recommendation of the Mayor, dated January 15, 1996, which bears the
signature of the City Attorney and the Finance Director, the Council does
hereby authorize a 1995-1996 fiscal year budget adjustment transfer in
the amount of $18,109 00 from Account Number 101-173-722-000
($18,109 00) to Account Number 101-222-702-000 (Law Department
Salaries and Wages) and Account Numbers 101-222-715-000, 101-222-
717-000, 101-222-719-000, 101-222-720-000 and 101-222-722-000 (Law
Department Fringe Benefits), such transfer being made to provide for
$55,000 00 salary and part-time fringe benefits for the City Attorney, a
$4,000 00 salary adjustment for the Chief Assistant City Attorney,
increased services and continuation of all current Department of Law
employees, FURTHER, the Council does hereby set the salary of the
Chief Assistant City Attorney, effective February 1, 1996, as follows
Classification 1995-96 Rates*
Bi-weekly Annual
Chief Asst. City Attorney Step 1 $2,279 20 $59,259 20
Step 1 5 $2,324 80 $60,444 80
Step 2 $2,370 40 $61,630 40
Step 3 $2,464 80 $64,084 80
Step 4 $2,563 20 $66,643 20
Step 5 $2,665 60 $69,312 00
*Subject to adjustment upon settlement of Local 192 contract.
On a motion by Feenstra, seconded by Brosnan, and unanimously
adopted, it was
#65-96 RESOLVED, that having considered a communication from
the Chairperson of the Cable Television Commission, dated January 10,
1996, approved by the Director of Community Resources, approved as to
form by the City Attorney, and approved for submission by the Mayor,
which transmits resolution 242-96 adopted by the Livonia Cable
Television Commission on January 3, 1996, the Council does hereby
concur in the recommendation of the Livonia Cable Television
Commission and does hereby authorize the Director of Community
Resources, together with the Finance Director, to do all things necessary
to prepare a request for proposal and obtain bids for the purpose of
29281
conducting a needs assessment and performance review of the Time
Warner Cable System in accordance with the provisions set forth in the
Financial Ordinance, the same to be thereafter submitted to Council for its
consideration, FURTHER, this action shall be considered commencement
of the formal process of consideration of renewal of the Cable Television
Franchise with Time Warner in accordance with the provisions set forth in
the Cable Act of 1992, and provided FURTHER, that nothing herein shall
be considered as prohibiting the City and Time Warner from also
engaging in the informal renewal procedures set forth in the Cable Act of
1992 (specifically 47 USC Section 546(h))
At the direction of the Chair, communications from the Department of
Community Resources, dated January 10, 1996 and January 30, 1996, re request for
proposals, needs assessment and performance review of Time Warner Cable System
to commence formal proceedings for cable television franchise renewal were received
and placed on file for the information of the Council
On a motion by Feenstra, seconded by Taylor, and unanimously adopted,
it was
#66-96 RESOLVED, that having considered the report and
recommendation of the Director of Finance, dated January 12, 1996,
approved for submission by the Mayor, the Council does hereby authorize
the Department of Law to take all steps necessary to evict Bobby's
Country House, Inc and terminate the lease agreement between Bobby's
County House, Inc. and the City of Livonia that was previously executed
pursuant to Council Resolution 604-89 in connection with the Idyl Wyld
Golf Course Clubhouse, FURTHER, the Council hereby authorizes the
Director of Finance to do all things necessary to prepare a request for
proposals and obtain proposals for a replacement tenant at the Idyl Wyld
Golf Course Clubhouse, FURTHER, the Council hereby authorizes the
Department of Law to take all steps necessary to enforce Section 2 8 of
the lease agreement that requires the tenant to surrender its Class C Golf
Course Liquor License to the Liquor Control Commission upon
termination of the lease agreement; FURTHER, the Council does hereby
refer the subject of the failure of Bobby's Country House, Inc. to adhere to
the terms and conditions of the lease agreement between Bobby's
Country House, Inc and the City of Livonia to the Committee of the
Whole for its report and recommendation
Alexandra Sakellaris (Bobby's wife) addressed the Council, stating she wished
to defend their position They have been in business there for 12 years and have been
in default before, but "we have worked together " She indicated 1995 was not a good
29282
year, but the problems are now over and the remodeling is complete She indicated
that they would be turning in their balance of $11,240 within 10 days
Beth Corbett (a nervous bride-to-be) also addressed the Council, stating that
there are also other people who have given deposits for bookings at Bobby's Country
House, and people should know as soon as possible whether they will be staying in
business or not.
On a motion by Feenstra, seconded by McGee, and unanimously
adopted, it was
#67-96 RESOLVED, that having considered the report and
recommendation of the City Engineer, dated January 4, 1996, approved
for submission by the Mayor, regarding construction of new sidewalks in
the City of Livonia pursuant to the Newburgh Road Sidewalk Program at
the locations and in the amounts indicated in the attachment to the
aforesaid communication, which work was done pursuant to Council
Resolution 561-95 and in accordance with the provisions of Section
12 04 340 of Chapter 4 of Title 12 of the Livonia Code of Ordinances, as
amended, the City Treasurer is hereby directed to send a statement of
charges to all property owners in the amounts listed above in accordance
with Section 3 08 150 of Title 3, Chapter 8 of the Livonia Code of
Ordinances, as amended, and the Council does hereby establish the
evening of Wednesday, April 10, 1996, at 8 00 p m at the Livonia City
Hall, 33000 Civic Center Drive, Livonia, Michigan, as the time and place
when the Council shall meet for the purpose of adopting a resolution
placing a special assessment upon said property for such charges unless
the same are paid prior to the date of such meeting, and the City Clerk
and City Treasurer are hereby requested to do all things necessary or
incidental to the full performance of this resolution
On a motion by Taylor, seconded by Feenstra, and unanimously adopted,
it was
#68-96 RESOLVED, that having considered the report and
recommendation of the City Engineer, dated January 9, 1996, which
bears the signature of the Director of Finance and is approved for
submission by the Mayor, the Council does hereby authorize the
modernization of the existing traffic signal at the intersection of Levan and
Amrhein Roads, FURTHER, the Council, having been advised that the
estimated cost of the proposed traffic signal modernization is $27,000 00,
does hereby approve of such modernization with the Ford Motor
Company Transmission and Chassis operation facility bearing all costs of
such modernization, FURTHER, the Council does hereby agree to pay
100% of the future energy and maintenance costs of the aforesaid traffic
control signal, and the Mayor and City Clerk are hereby authorized to
29283
execute an agreement for and on behalf of the City of Livonia for this
purpose, and the City Clerk is requested to send a certified copy of this
resolution to the Wayne County Department of Public Services, Division
of Roads
On a motion by Feenstra, seconded by McGee, and unanimously
adopted, it was
#69-96 RESOLVED, that having considered a communication from
the City Engineer, dated January 4, 1996, which bears the signature of
the Director of Finance and is approved for submission by the Mayor,
requesting an additional appropriation for costs to complete the North
Huron Valley/Rouge Valley Local Improvements Grant-12 (Segment III),
Six Mile Relief Sewer (Contract No 3) previously authorized pursuant to
Council Resolution 170-91 and 581-91, the Council does hereby
appropriate and authorize the expenditure of the additional sum of
$134,701 78 from Account No 592-///-158-028 for the reasons referenced
in the aforesaid communication
On a motion by Taylor, seconded by Brosnan, and unanimously adopted,
it was
#70-96 RESOLVED, that having considered a communication from
the City Planning Commission, dated December 21, 1995, which
transmits its resolution 12-252-95, adopted on December 19, 1995, with
regard to Petition 95-11-8-28, submitted by Media Play, Inc., requesting
approval for all plans in connection with a proposal to renovate the
exterior of the commercial building located at 30000 Plymouth Road in the
Southeast 1/4 of Section 26, pursuant to the provisions set forth in
Section 18 47 of Ordinance No 543, as amended, the Council does
hereby concur in the recommendation of the Planning Commission and
Petition 95-11-8-28, as revised, is hereby approved and granted, subject
to the following conditions
1 That the Building Elevation Plan marked "Plan A" received by the
City Council on January 22, 1996, by Media Play is hereby
approved and shall be adhered to,
2 That the section of storefront described as "Future Sub-tenant" on
the above approved plan shall, at this time, be painted in such a
manner as to match the color scheme of Media Play's storefront
and once a tenant is found, they too shall be required to
incorporate the same colors within their architecture,
3 That this approval does not authorize consent of any signage
shown on the plan,
29284
4
5 That all parking areas shall be resealed and restriped,
That all miscellaneous debris left by the previous tenant shall be
removed from the site
On a motion by Feenstra, seconded by Duggan it was
RESOLVED, that having considered a communication from
the City Planning Commission, dated November 27, 1995, which sets
forth its resolution 10-221-95 adopted on November 14, 1995, with regard
to Petition 95-8-1-19, submitted by Louis J Capra for a change of zoning
of property located north of Bretton Road between Melvin and Oporto
Avenues in the Southeast 1/4 of Section 2, from RUFA to R-1A, and the
Council having conducted a public hearing with regard to this matter on
January 22, 1996, pursuant to Council Resolution 860-95, the Council
does hereby approve Petition 95-8-1-19 for preparation of the ordinance
for submission to Council, and the City Planner is hereby instructed to
cause the necessary map for publication to be prepared indicating the
zoning change herein approved and to furnish the same to the
Department of Law and, upon receipt of such map, the Department of Law
is requested to prepare an ordinance amending Ordinance 543, as
amended, in accordance with this resolution
A roll call vote was taken on the foregoing resolution with the following result.
AYES Duggan, Feenstra, and Laura
NAYS Brosnan, Vandersloot, McGee, and Taylor
The President declared the resolution denied.
On a motion by Taylor, seconded by Brosnan, it was
#71-96 RESOLVED, that having considered a communication from
the City Planning Commission, dated November 27, 1995, which sets
forth its resolution 10-221-95 adopted on November 14, 1995, with regard
to Petition 95-8-1-19, submitted by Louis J Capra for a change of zoning
of property located north of Bretton Road between Melvin and Oporto
Avenues in the Southeast 1/4 of Section 2, from RUFA to R-1, and the
Council having conducted a public hearing with regard to this matter on
January 22, 1996, pursuant to Council Resolution 860-95, the Council
does hereby reject the recommendation of the Planning Commission and
Petition 95-8-1-19 is hereby denied for the following reasons
1 That the proposed change of zoning is not compatible with the
adjacent RUF-zoned properties in the area,
29285
2 That the proposed change of zoning will change the character of
the area from a rural setting to a more urban setting, and
3 That the proposed change of zoning will provide for much smaller
lot sizes than are prevalent to the north and west.
A roll call vote was taken on the foregoing resolution with the following result:
AYES Feenstra, Brosnan, Vandersloot, McGee, and Taylor
NAYS Duggan and Laura
The President declared the resolution adopted
The following individuals from the audience spoke regarding the foregoing
matter
1) Richard Clancy, 19859 Melvin - asked for a clarification on what just happened
2) Steve Tannehill - stated he didn't understand why the proceedings weren't open
to the floor before the vote was taken on this matter He had some things he wanted to
say, and in a blink of an eye, it's all over with
On a motion by Feenstra, seconded by McGee, and unanimously
adopted, it was
#72-96 RESOLVED, that having considered a communication from
the City Treasurer dated January 25, 1996, regarding the replacement of
sidewalks in the City of Livonia on the following parcels in the following
amounts
Parcels of property and assessment, as outlined in the Treasurer's
letter dated January 25, 1996, is included herein by reference,
which work was done pursuant to Council Resolution 166-95 and in
accordance with the provisions of Section 12 04 340 of the Livonia Code
of Ordinances, Title 12, Chapter 4 and the City Treasurer having
thereafter sent a statement of charges by first class mail to the owners of
property to be assessed wherein notice of the meeting by the City Council
on this date was given and at least 30 days having expired since the
giving of such notice with such charges remaining unpaid, the Council
does hereby pursuant to the provisions of Section 3 08 150 of the Livonia
Code of Ordinances, Title 3, Chapter 8, adopt this resolution wherein a
special assessment is placed upon such property for said charges,
FURTHER, the Council does hereby authorize installment payments in
the number of three (3) installments at 6% interest where assessments
exceed $400 and the property owner has requested such installments,
29286
FURTHER, the Council does hereby request that the City Treasurer shall
give notice of the amounts herein determined to the persons chargeable
therewith, such notice to be sent by first class mail to the last known
address of such persons as shown on the most current assessment roll of
the City, and where payments herein authorized are not made within the
specified time this fact shall be reported by the City Treasurer to the City
Assessor who shall charge such amount together with a penalty of 10% of
such amounts against the persons or real property chargeable therewith
on the next general tax roll, and the City Clerk and City Treasurer are
hereby requested to do all things necessary or incidental to the full
performance of this resolution
On a motion by Taylor, seconded by Feenstra, and unanimously adopted,
it was
#73-96 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.
From the audience, Joe Charnawskas, 36927 Munger, apologized for any
derogatory remarks he made toward Stuart Frankel He also questioned the request
for an SDM license by Arbor Drugs and their proximity to a school He stated that we
need to bring Livonia back to being a family-oriented town
At the direction of the Chair, the report and recommendation of the Mayor,
dated January 26, 1996, re establishing a five-step salary range for the Director of
Community Resources was received and placed on file for the information of the
Council
On a motion by Taylor, seconded by McGee, and unanimously adopted, it
was
#74-96 RESOLVED, that having considered the report and
recommendation of the Mayor, dated January 26, 1996, the Council does
hereby set the salary of the Director of Community Resources, effective
February 1, 1996, as follows
Step 1 $47,340 80
Step 1-1/2 48,276 80
Step 2 49,171 20
Step 3 51,168 00
Step 4 53,227 20
Step 5 55,348 80
29287
the same benefits (i e , longevity, vacation credit, sick leave, dental,
optical, medical benefits, etc.) as extended to other full-time classified
Civil Service employees shall be afforded this position
During the audience communication portion of the meeting, the following
individuals spoke
1) Leo Delafafranier, 14681 Bredin Court - he entered the meeting late and missed
the discussion on Item 16, which was the proposed amendment to Sections 020, 040,
050C of Title 2, Chapter 84 (Primary and Regular Elections) of the Livonia Code of
Ordinances He feels the Council has no business messing with what the people voted
for
2) Denise Mika-Biga, 35354 Lancashire - inquired about the time frame that the
Law Department has to respond to a couple of issues that were referred to it.
3) Tim Bailey, 9826 Cranston - asked when the final vote would take place on the
proposed amendment re Primary and Regular Elections, and asked the Council to
consider his opinion This proposed amendment is not what the Livonia citizens voted
for
On a motion by Feenstra, seconded by Brosnan, and unanimously
adopted, this 1,313th Regular Meeting of the Council of the City of Livonia was
adjourned at 9 55 p m , January 31, 1996
a , ,
f.an McCotter, City Clerk