HomeMy WebLinkAboutCOUNCIL MINUTES 1999-08-30 31811
MINUTES OF THE ONE THOUSAND THREE HUNDRED AND NINETY-NINTH
REGULAR MEETING OF AUGUST 30. 1999
On August 30, 1999, the above meeting was held at the City Hall, 33000
Civic Center Drive, Livonia, Michigan, and was called to order by the President of the
Council at 8 00 p m Councilmember Duggan delivered the invocation
Roll was called with the following result: Brian Duggan, Joe Laura,
Maureen Miller Brosnan, John J Walsh, Val I Vandersloot, John R. Pastor, and Jack
Engebretson Absent: None
Elected and appointed officials present: Jack E Kirksey, Mayor; Mark
Toarmina, City Planner; Robert Schron, City Engineer; Joan McCotter, City Clerk, Mary
Rutan, Personnel Director; Karen Szymula, Director of Legislative Affairs, Jeff Bryant,
Economic Development Manager
On a motion by Duggan, seconded by Brosnan, and unanimously
adopted, it was
#586-99 RESOLVED, that the minutes of the 1,398th Regular Meeting
of the Council held August 16, 1999 are hereby approved as submitted
During an audience communication, William Disler, 34624 Fairfax, Livonia,
requested approval for a block party on September 12, 1999, due to time constraints
On a motion by Duggan, seconded by Brosnan, and unanimously
adopted, it was
#587-99 RESOLVED, that having considered an application from
William Disler, 34624 Fairfax, dated August 26, 1999, requesting
permission to close Fairfax Court at Laurel on Sunday, September 12,
1999 from 2 00 p m to 8 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, September 19,
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1999, in the event of inclement weather, the action taken herein being
made subject to the approval of the Police Department.
Anna Hurley, 18481 Glastonbury, also requested approval for a block
party to be held on September 11, 1999, due to time constraints
On a motion by Vandersloot, seconded by Pastor, and unanimously
adopted, it was
#588-99 RESOLVED, that having considered an application from Anna
Hurley, 18481 Glastonbury Drive, dated August 24, 1999, requesting
permission to close Glastonbury between Caliburn & Glengarry on
Saturday, September 11, 1999 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, the action taken herein being made subject to
the approval of the Police Department.
On a motion by Laura, seconded by Duggan, and unanimously adopted, it
was
#589-99 RESOLVED, that the Council does hereby request a report
and recommendation from the Inspection Department re alleged
deficiencies in the landscaping at Lutheran Heritage Village located north
of Silver Village
On a motion by Laura, seconded by Brosnan, and unanimously adopted, it
was.
#590-99 RESOLVED, that the Council does hereby request a report
and recommendation from the Inspection Department re propriety of
parking cars in the right-of-way in front of Tennyson Chevrolet located at
32570 Plymouth Road, Livonia, Michigan
Mayor Jack E Kirksey offered his comments to the Council on Livonia
being awarded first place as the best City in the nation to raise a family
A communication from the Department of Law, dated August 4, 1999 re
Haggerty Road Investments Limited Partnership v City of Livonia, Wayne County
Circuit Court Case No 97-704651 AW was received and placed on file for the
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information of the Council
A communication from the Department of Law, dated August 12, 1999, re.
Livonia Volkswagen, Inc. v City of Livonia and City of Livonia Zoning Board of Appeals.
Wayne County Circuit Court Case No 97-739795 AA, was received and placed on file
for the information of the Council
A communication from the Department of Law, dated August 13, 1999, re
Pines of Winfield/Whispering Pines restoration costs, was received and placed on file
for the information of the Council (CR 423-99)
A communication from the Engineering Division, dated August 25, 1999,
re status of Rosedale Gardens Paving Project was received and placed on file for the
information of the Council (CR 575-99)
On a motion by Duggan, seconded by Brosnan, it was
#591-99 RESOLVED, that having considered an application from
Mary Ennis, 14163 Ingram, dated August 10, 1999, requesting permission
to close Ingram between Perth and Berwick on Saturday, September 11,
1999, from 2 30 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, September 12,
1999, in the event of inclement weather, the action taken herein being
made subject to the approval of the Police Department.
#592-99 RESOLVED, that having considered an application from
Barbara Freeman and Marlene Casler, 11426 Berwick,,dated August 23,
1999, requesting permission to close Berwick between Plymouth Road
and Elmira on Saturday, September 11, 1999, from 10 00 a m to 8 00
p m for the purpose of conducting a block party, the Council does hereby
grant permission as requested, the action taken herein being made
subject to the approval of the Police Department.
#593-99 RESOLVED, that having considered a request from
Councilmember Joe Laura regarding the installation of a "Slow, Children
Playing" sign on Hillcrest, south of Seven Mile Road, the Council does
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hereby refer this item to the Traffic Commission for its report and
recommendation
#594-99 RESOLVED, that having considered a letter from Jennifer R.
Boros, Chairperson of the Sacred Heart Byzantine Catholic Church Craft
Show, dated August 5, 1999, which requests permission to place nineteen
20" x 20" signs announcing the Sacred Heart Craft Show to be held on
Saturday, October 16, 1999, which signs shall be installed on October 8,
1999, at the following intersections
Middlebelt Road
Southwest corners of Eight Mile, Seven Mile and Six Mile Roads
Southeast corner of Five Mile Road
Northwest corner of Five Mile Road
Northeast corners of Seven Mile and Six Mile Roads
Merriman Road.
Southeast corners of Eight Mile, Seven Mile and Six Mile Roads
Southwest corners of Six Mile and Five Mile Roads
Northeast corner of Five Mile Road
Northwest corner of Seven Mile Road
Inkster Road
Southwest corners of Seven Mile and Five Mile Roads
Northwest corners of Six Mile and Five Mile Roads
Southeast corner of Six Mile Road
and all signs to be removed no later than October 17, 1999, the Council
does hereby grant and approve this request in the manner and form
herein requested
#595-99 RESOLVED, that having considered a letter from Jennifer R.
Boros, Chairperson, representing the Sacred Heart Byzantine Catholic
Church, dated August 11, 1999, which requests permission to place
eleven 20" x 20" signs announcing the Sacred Heart Mom-to-Mom Sale to
be held on Saturday, September 25, 1999, which signs shall pe installed
on September 17, 1999, at the following intersections
Middlebelt Road
Southwest corners of Eight Mile, Seven Mile and Six Mile Roads
Southeast corners of Five Mile Road and Six Mile Roads
Northwest corners of Five Mile Road and Six Mile Roads
Northeast corners of Seven Mile'and Six Mile Roads
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Inkster Road.
Southwest corner of Six Mile
Northwest corner of Six Mile Road
and all signs to be removed no later than September 26, 1999, the Council
does hereby grant and approve this request in the manner and form
herein requested
#596-99 RESOLVED, that having considered a letter from Jeffry A.
Campeau, representing the Livonia Jaycees, dated August 12, 1999,
which requests permission to place twenty 24" x 36" signs announcing the
Livonia Jaycees Annual Haunted House to be held October 7 - 30, 1999,
in the Wal-Mart parking lot at Middlebelt and Schoolcraft, which signs shall
be installed on October 6, 1999, at the following intersections
Eight Mile and Merriman (Southwest)
Seven Mile and Middlebelt (Northeast)
Six Mile and Inkster (Southwest)
Schoolcraft and Inkster (Northwest)
Plymouth and Inkster (Southwest)
Joy and Inkster (Northwest)
Joy and Merriman (Northeast)
Plymouth and Merriman (Northwest)
Schoolcraft and Merriman (Northeast)
Schoolcraft and Middlebelt (Northeast)
Plymouth and Middlebelt (Northeast)
Five Mile and Middlebelt (Southwest)
Joy and Newburgh (Northeast)
Plymouth and Newburgh (Northeast)
Six Mile and Newburgh (Northeast)
Five Mile and Levan (Northwest)
Schoolcraft and Levan (Northeast)
Five Mile and Farmington (Southeast)
Six Mile and Farmington (Northwest)
Seven Mile and Farmington (Northeast)
and all signs to be removed no later than November 1, 1999, the Council
does hereby grant and approve this request with the understanding that
no more than twenty (20) signs shall be installed
#597-99 RESOLVED, that having considered correspondence from
the Chairperson of the Livonia Historical Commission and the Director of
Community Resources, dated August 3, 1999;approved for submission
by the Mayor, to which is attached a letter from Jane Soltesz, President
of the Livonia Historical Society, dated August 2, 1999, which request
permission to place two banner signs (7' x 3' and 5' x 3') on the fencing at
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Greenmead and 66 signs (25" x 15") at all major intersections of the City
announcing the Flea Market to be held September 12, 1999 at
Greenmead, which signs shall be installed on September 1, 1999, and
removed no later than September 13, 1999, the Council does hereby
grant and approve this request in the manner and form herein submitted.
#598-99 RESOLVED, that having considered letters from the
Michigan Liquor Control Commission, dated May 10, 1999, and a report
and recommendation from the Chief of Police, dated August 4, 1999,
approved for submission by the Mayor Pro Tern, in connection with a
request from Lebbos Enterprises, Inc. for transfer of ownership of a 1999
SDM licensed business from Elias D Lebbos and Neaman Y Leobbos
(Step 1) and a request from Valia, Inc. to transfer ownership of a 1999
SDM licensed business from Lebbos Enterprises, Inc. (Step 2) for a
business located at 36274 Five Mile Road, the Council does hereby refer
this matter to the Committee of the Whole for its report and
recommendation
#599-99 RESOLVED, that having considered a communication from
the Personnel Director, dated August 13, 1999, which bears the signature
of the Director of Finance and approved for submission by the Mayor, and
which sets forth a resolution adopted by the Civil Service Commission on
August 12, 1999, and which recommends certain salary and fringe benefit
adjustments for Administrative, Professional, Exempt and Confidential
Classifications, for the period December 1, 1998 through November 30,
2001, which are as follows
WAGE ADJUSTMENTS
12/01/98 - 11/30/99 3% (Retroactively applied)
12/01/99 - 11/30/00 3%
12/01/00 - 11/30/01 3%
LONGEVITY PAY Remain as is
HOSPITALIZATION.
Will be consistent with AFSCME Local 192 Contract, which remains
unchanged except to add to the BCBS PPO plan riders for hospice (HCB),
bone marrow transplants (SOCT) and provisions for mammograms, which
will also be extended to retirees
DENTAL.
Consistent with AFSCME Local 192 Contract, a total of $1,650 is available
to be used at anytime during the period December 1, 1998 through
31817
November 30, 2001 In addition, any unused portion from December 1,
1997 through November 30, 1998 may be used in the first year of this
contract period of December 1, 1998 to November 30, 1999
OPTICAL PLAN
The current plan and provisions will be continued
LIFE INSURANCE FOR RETIREES:
Effective December 1, 1998, increased to $5,000 00 for employees for
who retire on or after that date
SICKNESS AND ACCIDENT BENEFIT:
Effective the AFSCME Local 192 Contract ratification date, July 20, 1999.
Increased to $200 00 per week.
PENSIONS
Effective the AFSCME Local 192 Contract ratification date, July 20, 1999.
Employees may retire at 55 years of age and 10 years of service or 30
years of service to the City regardless of age Defined Contribution and
Defined Benefit cannot be changed for six years, namely, until November
30, 2004
the Council does hereby concur in and approve of the aforesaid action in
the manner and form herein submitted
#600-99 RESOLVED, that having considered a communication from
the Mayor, dated July 29, 1999, which recommends certain salary and
fringe benefit adjustments for Appointed Department Head Classifications,
for the period December 1, 1998 through November 30, 2001, which are
as follows
WAGE ADJUSTMENTS
12/01/98 - 11/30/99 3% (Retroactively applied)
12/01/99 - 11/30/00 3%
12/01/00 - 11/30/01 3%
LONGEVITY PAY Remain as is
31818
HOSPITALIZATION:
Will be consistent with AFSCME Local 192 Contract, which remains
imp unchanged except to add to the BCBS PPO plan riders for hospice (HCB),
bone marrow transplants (SOCT) and provisions for mammograms, which
will also be extended to retirees
DENTAL.
Consistent with AFSCME Local 192 Contract, a total of$1,650 is available
to be used at anytime during the period December 1, 1998 through
November 30, 2001 In addition, any unused portion from December 1,
1997 through November 30, 1998 may be used in the first year of this
contract period of December 1, 1998 to November 30, 1999
OPTICAL PLAN
The current plan and provisions will be continued
LIFE INSURANCE FOR RETIREES:
Effective December 1, 1998, increased to $5,000 00 for employees for
who retire on or after that date
SICKNESS AND ACCIDENT BENEFIT.
Effective the AFSCME Local 192 Contract ratification date, July 20, 1999•
Increased to $200 00 per week.
PENSIONS
Effective the AFSCME Local 192 Contract ratification date, July 20, 1999
Employees may retire at 55 years of age and 10 years of service or 30
years of service to the City regardless of age Defined Contribution and
Defined Benefit cannot be changed for six years, namely, until November
30, 2004
the Council does hereby concur in and approve of the aforesaid action in
the manner and form herein submitted
#601-99 RESOLVED, that having considered the report and
recommendation of the Information Systems Manager and the Director of
Finance, dated August 13, 1999, approved for submission by the Mayor,
the Council does hereby accept the bid of Peripheral Vision, 39201
Schoolcraft Road, Livonia, Michigan 48150, for providing the Information
Systems Department with computer software upgrades consisting of 110
31819
licenses for Microsoft Office Professional 2000 for the total amount of
$25,913 10, the same having been in fact the lowest bid received which
meets all specifications, and the bid of Insight is hereby rejected for the
reasons indicated in the attachment; and the Information Systems
Manager is hereby authorized to approve minor adjustments in the work
as it becomes necessary; and the Mayor and City Clerk are hereby
authorized to execute a contract, for and on behalf of the City of Livonia,
with the aforesaid bidder and to do all things necessary or incidental to
the full performance of this resolution
#602-99 RESOLVED, that having considered the report and
recommendation of the Director of Public Works and the City Engineer,
dated August 9, 1999, which bears the signature of the Director of Finance
and is approved for submission by the Mayor, with respect to the
Stonehouse and Lamont Pavement and Storm Sewer Project, the Council
does hereby determine to reject all bids received on May 25, 1999, and to
have this project rebid on January 14, 2000, then scheduled for a second
Public Hearing on confirmation of the special assessment roll, the Council
further resolves to delay the accrual of interest on the previously
confirmed roll until such time as the City Engineer certifies in writing to the
Treasurer's office that the improvements are substantially complete
A communication from the Planning Director, dated August 16, 1999, and
the color renderings of building elevations, re Petition 98-3-8-9 for the Town Place Suites
(Hotel) to be located at 17450 Fox Drive in the Southwest 1/4 of Section 7, received by the
Planning Commission on August 13, 1999, were received and placed on file for the
Information of the Council (CR 423-98)
#603-99 RESOLVED, that having considered a communication from
the Planning Director, dated August 16, 1999, approved for submission by
the Mayor, in connection with Petition 98-3-8-9 submitted by CSM
Corporation, which petition was previously approved by Council
Resolution 423-98, the Council does hereby approve the revised colored
rendering of the south (front) elevation of the building, received by the
Planning Department on August 13, 1999, which shows the proposed
brick colors, including a dark brown "accent" band on the first floor and a
lighter colored brown on the two upper stories, in connection with the
construction of a hotel on property located at 17450 Fox Drive in the
Southwest 1/4 of Section 7
#604-99 RESOLVED, that in accordance with the provisions set forth
in Section 4 of Act 207 of the Public Acts of Michigan of 1921, as
31820
amended, the City Zoning Act (MSA 5.2934, MCLA 125 584), as well as
Article XXIII of Ordinance 543, as amended, the Zoning Ordinance of the
City of Livonia, the Council does hereby determine that a public hearing
will take place before the City Council of the City of Livonia on
Wednesday, October 20, 1999, at 7 00 p m at the City Hall, 33000 Civic
Center Drive, Livonia, Michigan, with respect to the following item
Petition 99-6-1-8, submitted by Leo Soave Building Company, for a
change of zoning of property located on the north side of Ann Arbor
Trail between Stark and Farmington Roads in the Southeast 1/4 of
Section 33, from RUE to R-1B, the City Planning Commission in its
Resolution 8-144-99 having recommended to the City Council that
Petition 99-6-1-8 be approved,
FURTHER, the City Clerk is hereby requested to, no less than fifteen (15)
days prior to the aforesaid date of said public hearing, cause to have a
statement indicating the (a) nature of the proposed amendment to the
Zoning Ordinance, and/or (b) location of the proposed change of zoning
as set forth above, first to be published in the official newspaper of the City
or a newspaper of general circulation in the City of Livonia as well as to,
not less than fifteen (15) days prior to said public hearing, cause to have
notice to be given by certified mail to each public utility company and to
each railroad company owning or operating any public utility or railroad
within the districts or zones affected, and FURTHER, the City Clerk is
requested to do all other things necessary or incidental to the full
performance of this resolution
#605-99 RESOLVED, that having considered a communication from
Nextel Communications, dated August 11, 1999, 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 August 10,
1999, by the City Planning Commission in its resolution 8-146-99 with
regard to Petition 99-7-2-22 submitted by Nextel West Corporation
requesting waiver use approval to install a 150' wireless communications
antenna for shared usage, and its accompanying equipment shelter, to be
located on the east side of Sunset Avenue between Robert Avenue and
West Chicago Road (within Devon-Aire Park) in the Northwest 1/4 of
Section 35, which property is zoned PL, the Council does hereby
designate Wednesday, October 20, 1999, 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
31821
in Ordinance 543, as amended, the Zoning Ordinance of the City of
£ Livonia
#606-99 RESOLVED, that having considered a communication from
Tech Express Corporation, on behalf of 7-Eleven, Inc., dated August 19,
1999, 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 August 10, 1999, by the City Planning
Commission in its resolution 8-147-99 with regard to Petition 99-7-2-23
submitted by 7-Eleven, Inc. requesting waiver use approval to operate a
convenience store with an SDM license on property located on the
northwest corner of Five Mile and Levan Roads in the Southwest 1/4 of
Section 17, which property is zoned C-1, the Council does hereby
designate Wednesday, October 20, 1999, 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: Duggan, Laura, Brosnan, Walsh, Vandersloot, Pastor and
Engebretson
NAYS None
A report and recommendation of the Department of Law, dated August 4,
1999, re various provisions of the sign regulations set forth in the Zoning Ordinance and
the applicability of same to the Sign Permit Application by Laurel Pointe, LLC for the
office/retail building at 17000 Laurel Park Drive in the Northeast 1/4 of Section 8 was
received and placed on file for the information of the Council (CR 414-99)
A communication from Michael A. Boggio Associates, dated August 9, 1999,
regarding Alternate Design and Locations for a Sign Permit Application by Laurel Pointe,
LLC for the office/retail building at 17000 Laurel Park Drive in the Northeast 1/4 of Section
8 was received and placed on file for the information of the Council (CR 414-99)
31822
A communication from Bill Madden, dated July 26, 1999, re revised signage
drawings for the Sign Permit Application by Laurel Pointe, LLC for the office/retail building
at 17000 Laurel Park Drive in the Northeast 1/4 of Section 8 was received and placed on
file for the information of the Council (CR 414-99)
On a motion by Brosnan, seconded by Pastor, and unanimously adopted,
it was
#607-99 RESOLVED, that having considered the report and
recommendation of the Committee of the Whole, dated August 10, 1999,
submitted pursuant to Council Resolution 414-99, and having considered a
communication from the City Planning Commission, dated May 12, 1999,
which transmits its resolution 5-82-99, adopted on May 4, 1999, with regard
to a Sign Permit Application, submitted by Laurel Pointe, L.L.0 , requesting
approval for signage for the office/retail building located at 17000 Laurel
Park Drive in the Northeast 1/4 of Section 8, the Council does hereby concur
in part in the recommendation of the Planning Commission and approves
the said Sign Permit Application, subject to the following conditions
1 That the revised Master Sign Package submitted by Laurel Pointe,
LLC, as received by the Planning Commission on August 19, 1999, is
hereby approved and shall be adhered to except as otherwise noted
below;
2 That the signs be placed on the north elevation with Kinko's sign
stacked with "open 24 hours" under the name "Kinko's",
3 That there be permitted one (1) freestanding directory sign on the
island at the west entrance to the parking lot;
4 That the directory sign on-site be a maximum of 6' in height;
5 That there will be no signs on the west elevation of the building, and
6 That the unidentified "Tenant No 4" sign on the north elevation of the
building shall be reviewed and approved by the Planning Department
prior to being installed
On a motion by Brosnan, seconded by Duggan, and unanimously
adopted, it was
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#608-99 RESOLVED, that having considered the report and
recommendation of the Committee of the Whole, dated August 10, 1999,
and the report and recommendation from the Department of Law, dated
August 4, 1999, the Council does hereby refer the issues of signs on
multiple stories of buildings and a better definition of"major thoroughfares"
in connection with signs on buildings at corner locations to the Planning
Commission for its report and recommendation
A communication from the Law Department, dated June 11, 1999, re.
Liquor License Request— Mesquite Inc , 13800 Middlebelt, Livonia, was received and
placed on file for the information of the Council.
On a motion by Brosnan, seconded by Laura, it was.
RESOLVED, that having considered the report and
recommendation of the Committee of the Whole, dated August 10, 1999,
submitted pursuant to Council Resolution 160-99, a letter from the
Michigan Liquor Control Commission, dated June 11, 1998, and the report
and recommendation of the Chief of Police, dated February 26, 1999, in
connection therewith, regarding a request from Mesquite, Inc. to drop Leo
Burton, deceased, as stockholder in 1998 Class C licensed business with
Official Permit (Food) and Sunday Sales Permit through transfer of his 928
shares back to the corporation, for a business located at 13800
Middlebelt, Livonia, Michigan, Wayne County, the Council does hereby
recommend denial of this request due to petitioner's failure to maintain a
less than a majority of the originally issued stock of the corporation as
previously agreed, and petitioner's failure to demonstrate a sufficient
amount of experience to operate petitioner's business without the
assistance of a more seasoned restaurateur; and the City Clerk is hereby
requested to forward a certified copy of this resolution to the Michigan
Liquor Control Commission
John Hamilton, 47519 Six Mile Road, Northville, Michigan, father of Mike
Hamilton (owner of Mesquite, Inc ) stated that the State requires the stock be returned
to the corporation if there is a minority stockholder
Brosnan and Laura withdrew their motion on the foregoing resolution
At the direction of the Chair, Item #15 b, re the request from Mesquite,
Inc. to drop Leo Burton, deceased, as stockholder in a 1998 Class C licensed business
with Official Permit (Food), was postponed until the next Regular Meeting of 9/15/99
31824
Proposed Site Plan Sheet#C-1, Proposed Landscape Site Plan Sheet
#C-2 and Elevations Sheet#A-3, revised July 28, 1999, pursuant to Petition 99-3-8-12,
submitted by Baki's Unique Homes, were received and placed on file for the information
of the Council (CR 385-99)
On a motion by Duggan, seconded by Pastor, and unanimously adopted,
it was
#609-99 RESOLVED, that having considered the report and
recommendation of the Committee of the Whole, dated August 10, 1999,
submitted pursuant to Council Resolution #385-99, and a communication
from the City Planning Commission, dated May 12, 1999, which transmits
its Resolution 5-81-99 adopted on May 4, 1999, with regard to Petition 99-
3-8-12, submitted by Baki's Unique Homes, requesting site plan approval
in connection with a proposal to construct an addition to the commercial
building located at 29418 Joy Road in the Southeast 1/4 of Section 35,
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 99-3-8-12 is hereby approved and
granted, subject to the following conditions.
1 That the Site Plan marked Sheet C-1 prepared by GAV &
Associates, as revised on August 20, 1999, is hereby approved and
shall be adhered to,
2 That the Landscape Site Plan marked Sheet C-2 prepared by GAV
&Associates, as revised on August 20, 1999, is hereby approved
and shall be adhered to,
3 That the Elevations marked Sheet A-3 prepared by GAV &
Associates, as revised on August 20, 1999, are hereby approved
and shall be adhered to,
4 That all disturbed lawn areas shall be sodded in lieu of
hydroseeding,
5 That underground sprinklers are to be provided for all landscaped and
sodded areas, and all planted materials shall be installed to the
satisfaction of the Inspection Department and thereafter permanently
maintained in a healthy condition,
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6 That the Exterior Building Elevation Plan marked Sheet C-3
prepared by GAV & Associates, as received by the Planning
Commission on May 4, 1999, is hereby approved and shall be
adhered to, except the entire building shall be constructed out of
four (4") inch brick,
7 That the brick used in the construction of the building shall be full face four
(4") inch brick, no exception,
8 That the three walls of the trash dumpster area shall be constructed out of
the same brick used in the construction of the building, and the enclosure
gates shall be maintained and, when not in use, closed at all times,
9 That the petitioner shall correct to the Inspection Department's satisfaction
the following site deficiencies as outlined in the correspondence dated
April 15, 1999
- that the existing protective wall shall either be repaired and
brought up to the proper height or be removed and a new
wall shall be erected,
- that the existing lot shall be repaired, resealed and double
striped,
- that the required accessible parking spaces shall be
installed according to the current BOCA codes,
- that all light standards shall be shielded from the adjacent
properties and shall not exceed 20 ft. in height;
10 That no signs, either freestanding or wall mounted, are approved with
this petition,
11 That the five (5) Norway Maples as shown on the Site Plan shall be
added between Middlebelt and the curb cut and two (2) Norway
Maples shall be added between Fremont and the curb cut;
12 That the approach on Freemont Avenue be widened to approximately
25' to provide adequate truck turning radius,
13 That finish material be installed on the back side of the
canopy/parapet; and
14 That a peak be added to the canopy along the east elevation of the
building addition
31826
On a motion by Brosnan, seconded by Pastor, and unanimously adopted,
it was
#610-99 RESOLVED, that having considered the report and
recommendation of the Committee of the Whole, dated August 10, 1999,
submitted pursuant to Council 288-99, and a communication from the
Personnel Director, dated April 19, 1999, which transmits a resolution
adopted by the Civil Service Commission on April 15, 1999, recommending
approval of salary and fringe benefit adjustments for the classification of
Fire Chief for the period December 1, 1996 through November 30, 1999,
the Council does hereby approve the 1996-1999 wage rate schedule for
the Fire Chief, effective December 1, 1996, as follows
3.0% 1 0% 3 0% 3 0%
12/01/96 06/01/97 12/01/97 12/01/98
STEP 1
Annual 62,462.40 63,086 40 64,979.20 66,934 40
Bi-weekly 2,402 40 2,426 40 2,499 20 2,574 40
STEP 1-1/2
Annual 63,710 40 64,355.20 66,289 60 68,286.40
Bi-weekly 2,450 40 2,475 20 2,549 60 2,626 40
STEP 2
Annual 64,958 40 65,603 20 67,579 20 69,596 80
Bi-weekly 2,498 40 2,523.20 2,599 20 2,676 80
STEP 3
Annual 67,558 40 68,224 00 70,262.40 72,363 20
Bi-weekly 2,598 40 2,624 00 2,702 40 2,783 20
STEP 4
Annual 70,283 20 70,990 40 73,112.00 75,296 00
Bi-weekly 2,703 20 2,730 40 2,812.00 2,896 00
STEP 5
Annual 73,049 60 73,777 60 75,982.40 78,270 40
Bi-weekly 2,809 60 2,837 60 2,922.40 3,010 40
FURTHER, all other fringe benefits (i e , dental reimbursement, health
insurance, longevity, cleaning allowance, educational benefit, optical,
weekly disability and life insurance) as extended to the Livonia Fire
Fighters Union, shall be afforded this position as of December 1, 1996
On a motion by Duggan, seconded by Pastor, and unanimously adopted,
it was.
31827
#611-99 RESOLVED, that having considered the report and
recommendation of the Committee of the Whole, dated August 10, 1999,
submitted pursuant to Council Resolution 109-99, a communication from
Council Vice President Walsh, dated August 19, 1998, and a
communication from the City Planning Commission, dated June 4, 1998,
which transmits its Resolution 5-81-98 adopted on May 19, 1998, with
regard to Petition 98-5-8-17, submitted by Abington Development, Inc.,
requesting approval of the Master Deed, Bylaws and a Site Plan in
connection with a proposal to construct a site condominium development
on property located at 29505 Clarita Avenue in the Northeast 1/4 of
Section 11, pursuant to the provisions set forth in Section 18 62 of
Ordinance No 543, as amended, the Council does hereby determine to
take no further action on this matter
On a motion by Walsh, seconded by Brosnan, and unanimously adopted,
it was
#612-99 RESOLVED, that having considered the report and
recommendation of the Legislative Committee, dated August 17, 1999,
submitted pursuant to Council Resolution 369-98, regarding the matter of
requiring telecommunications providers to obtain a permit and pay annual
fees for use of public rights-of-way pursuant to the Michigan
Telecommunications Act, the Council does hereby refer the issue of the
amount of right-of-way fees and the apportionment of fees among
providers to the Director of Finance and the Department of Law for a
report and recommendation
A report and recommendation of the Department of Law, dated August 6,
1999, submitted pursuant to Council Resolution 319-99, regarding the timeline for the
process of review of Telecommunications Permit Applications, was received and placed
on file for the information of the Council
On a motion by Walsh, seconded by Brosnan, and unanimously adopted, it
was
#613-99 RESOLVED, that having considered the report and
recommendation of the Legislative Committee, dated August 17, 1999,
submitted pursuant to Council Resolution 318-99, the Council does hereby
refer the subject of the mechanics underlying the City Council's Public
Hearing process as it relates to Telecommunication Permit Applications to
31828
the Department of Law and Director of Legislative Affairs for a report and
recommendation
On a motion by Walsh, seconded by Brosnan, and unanimously adopted, it
was
#614-99 RESOLVED, that having considered the report and
recommendation of the Legislative Committee, dated August 17, 1999,
submitted pursuant to Council Resolution 318-99, the Council does hereby
request that the Department of Law draft correspondence on behalf of the
City Council to appropriate state and federal officials regarding the
oppressive nature of existing and proposed telecommunication legislation
as it relates to municipal oversight and control
On a motion by Walsh, seconded by Vandersloot, and unanimously
adopted, it was
#615-99 RESOLVED, that having considered the report and
recommendation of the Legislative Committee, dated August 17, 1999,
submitted pursuant to Council Resolution 318-99, the Council does hereby
refer the subject of when the ninety (90) day review process for
Telecommunications Permit Applications is or may be suspended as a
result of alterations to a Petition to the Department of Law for its report
and recommendation
On a motion by Walsh, seconded by Brosnan, and unanimously adopted,
it was
#616-99 RESOLVED, that having considered the report and
recommendation of the Legislative Committee, dated August 17, 1999,
submitted pursuant to Council Resolution 318-99, the Council does hereby
refer the subject of a definition of the phrase "administrative
completeness" as it relates to Telecommunications Permit Applications
(Section 12 06 050D of the Livonia Code of Ordinances) to the
Department of Law and the City Engineer for a report and
recommendation
On a motion by Walsh, seconded by Vandersloot, and unanimously
adopted, it was
#617-99 RESOLVED, that having considered the report and
recommendation of the Legislative Committee, dated August 17, 1999,
submitted pursuant to Council Resolution 432-99, in connection with a
31829
review of the Telecommunications Ordinance, the Council does hereby
refer the matter of possible amendments to the applicable ordinance(s)
regarding telecommunications after considering the policy established by
the City of Boston (as set forth in an attachment to a letter from John
Pestle of Varnum,Riddering, Schmidt & Howlett, LLP, dated June 8, 1999)
and to further consider the possibility of requiring underground installation
of cable when the maximum capacity has been reached on Detroit Edison
utility poles, to the Department of Law for its report and recommendation
Councilmember Vandersloot took from the table, for second reading and
adoption, the following Ordinance
AN ORDINANCE AMENDING TITLE 6, CHAPTER 6 06
(CATS) OF THE LIVONIA CODE OF ORDINANCES, AS
AMENDED
A roll call vote was taken on the foregoing Ordinance with the following result:
AYES Duggan, Laura, Brosnan, Walsh, Vandersloot, Pastor and
Engebretson
NAYS None
The President declared the foregoing Ordinance duly adopted, and would become
effective on publication
On a motion by Duggan, seconded by Brosnan, and unimously adopted, it
was
#618-99 RESOLVED, that having considered a letter from Christine
Stoll, dated August 9, 1999, in behalf of the St. Genevieve School,
requesting permission to place signs (two [2] 30" x 40" sandwich style and
three [3] 24" x 24"), advertising a fund-raiser rummage sale to be
conducted on Friday and Saturday, October 22 and 23, 1999, which signs ,
shall be installed on October 8, 1999, at the following locations.
Middlebelt and Schoolcraft (Northeast corner)
Jamison and Middlebelt (Southeast corner)
Lyndon and Harrison (Northeast corner)
Lyndon and Inkster (Southwest corner)
Five Mile and Garden (West side of street)
31830
and all signs to be removed by 5 00 p m on Saturday, October 23, 1999,
the Council does hereby grant and approve this request in the manner and
form herein requested
On a motion by Pastor, seconded by Walsh, it was
RESOLVED, that having considered the report and
recommendation of the Director of Public Works and the City Engineer,
dated August 16, 1999, approved for submission by the Mayor, to which is
attached a communication from the Michigan Department of
Transportation, dated July 29, 1999, requesting the waiver of any
applicable City noise ordinance for the Michigan Department of
Transportation in order to permit a 24-hour work day in connection with
the resurfacing of Plymouth Road between Farmington Road and Inkster
Road, the Council does hereby approve this request and does hereby
waive all applicable work hour/noise provisions of the Livonia Code of
Ordinances in 1999 and 2000 for this specific project in order to best serve
the overall interests of the public and to promote the prompt completion of
this project with the following restrictions
1 No pavement breaking, milling, or removal or slamming of
tail gates in conjunction with delivery operations shall occur
in the areas listed below between the hours of 11 00 p m
and 7 00 am, further, the contractor shall plan his
operations to eliminate the need for back-up warning
devices in these areas
a From 300 feet west of Loveland to Merriman Road
b From 300 feet west of Deering to Inkster
2 This approval is further conditioned on the Michigan Department of
Transportation taking immediate measures to abate any violations
of the above restriction after being requested to do so by the City
Engineer, and if not abated in the sole opinion of the City Engineer,
then this approval shall be automatically suspended and the City's
noise ordinance shall be enforced
On a motion by Duggan, seconded by Vandersloot, it was
RESOLVED, that the City Council does hereby determine, in lieu of
the foregoing resolution, to substitute the following
RESOLVED, that having considered the report and
recommendation of the Director of Public Works and the City Engineer,
dated August 16, 1999, approved for submission by the Mayor, to which is
attached a communication from the Michigan Department of
31831
Transportation, dated July 29, 1999, requesting the waiver of any
applicable City noise ordinance for the Michigan Department of
Transportation in order to permit a 24-hour work day in connection with
the resurfacing of Plymouth Road between Farmington Road and Inkster
Road, the Council does hereby deny this request.
A roll call vote was taken on the motion to substitute as follows
AYES Duggan, Brosnan and Vandersloot
NAYS Laura, Walsh, Pastor and Engebretson
The President declared the motion to substitute denied
The President relinquished the Chair to the Vice President at 9 01 P M
A roll call vote was then taken on the originally proposed resolution by Pastor, seconded
by Walsh, as follows
#619-99 RESOLVED, that having considered the report and
recommendation of the Director of Public Works and the City Engineer,
dated August 16, 1999, approved for submission by the Mayor, to which is
attached a communication from the Michigan Department of
Transportation, dated July 29, 1999, requesting the waiver of any
applicable City noise ordinance for the Michigan Department of
Transportation in order to permit a 24-hour work day in connection with
the resurfacing of Plymouth Road between Farmington Road and Inkster
Road, the Council does hereby approve this request and does hereby
waive all applicable work hour/noise provisions of the Livonia Code of
Ordinances in 1999 and 2000 for this specific project in order to best serve
the overall interests of the public and to promote the prompt completion of
this project with the following restrictions
1 No pavement breaking, milling, or removal or slamming of
tail gates in conjunction with delivery operations shall occur
in the areas listed below between the hours of 11 00 p m
and 7 00 a.m, further, the contractor shall plan his
operations to eliminate the need for back-up warning
devices in these areas
a From 300 feet west of Loveland to Merriman Road
b From 300 feet west of Deering to Inkster
2 This approval is further conditioned on the Michigan Department of
Transportation taking immediate measures to abate any violations
31832
of the above restriction after being requested to do so by the City
Engineer, and if not abated in the sole opinion of the City Engineer,
then this approval shall be automatically suspended and the City's
noise ordinance shall be enforced
with the following result:
AYES Laura, Engebretson, Pastor and Walsh
NAYS Duggan, Brosnan and Vandersloot
The Vice President declared the resolution adopted
The President resumed the chair at 9 04 p m
Councilmember Duggan left the podium at 9 05 p m , due to a conflict of interest.
On a motion by Brosnan, seconded by Laura, it was
#620-99 RESOLVED, that Merriman Forest L.L.0 , 19657 Ashley
Court, Livonia, Michigan 48152, as proprietor, having requested the City
Council to approve the proposed preliminary plat of the following
subdivision Merriman Forest Subdivision, to be located on the east side
of Merriman Road between Seven Mile Road and Mayville Drive in the
Northwest 1/4 of Section 11, City of Livonia, Wayne County, Michigan, the
said proposed revised preliminary plat being dated March 10, 1999, and it
further appearing that tentative approval of a revised preliminary plat was
given by the City Planning Commission, after due notice and a public
hearing on February 9, 1999, and it further appearing that such revised
preliminary plat, together with development plans and specifications for
improvements therein have been examined and approved by the
Engineering Division as is set forth in the report of that department dated
August 11, 1999, therefore, the City Council does hereby approve of the
said preliminary plat on the following conditions
(1) All of the improvements, utilities and grading shall be constructed,
installed and accomplished in conformity with the provisions of the
ordinances of the City of Livonia, including the Subdivision Control
Ordinance, being Title 16, Chapters 16 04 through 16 24 of the
Livonia Code of Ordinances, as amended, the Subdivision
Regulations of the Planning Commission, the regulations and
specifications of the Engineering Division and the Development
Plans submitted by the proprietor and approved by such
department; all such improvements to be constructed, installed,
accomplished and completed within a period of two (2) years from
the effective date of this resolution, failing this, the approval
31833
contained herein shall be considered null, void and of no effect
whatsoever;
(2) That all inspection fees and other charges due to the City of Livonia
shall be fully paid at the time and in the manner provided in the said
Subdivision Control Ordinance, as amended,
(3) That the installation of all such improvements shall be subject at all
times to the supervision and inspection and final approval of the
Engineering Division, and such improvements shall not be
considered as having been satisfactorily and completely installed
until there is filed with the City Council the certificate as provided in
Section 16.24 370 of the said Subdivision Control Ordinance, as
amended,
(4) That the proprietor enter into an agreement with the City of Livonia
agreeing to construct, within the prescribed period of time and in
the prescribed manner, all improvements required to the extent
required by the City of Livonia and as shown on the approved
development plans,
(5) That the final true record plat of the aforesaid subdivision shall be
submitted and must receive the final approval of the City Planning
Commission as evidence that such plat is in compliance with
existing Subdivision Regulations,
(6) That the final true plat of the aforesaid subdivision shall be
submitted and must receive the final approval of the City Council
within two (2) years from the effective date of this resolution, the
City Council shall approve final plats of the aforesaid proposed
subdivision if drawn in substantial conformity with the proposed plat
as approved herein, and provided there has been compliance with
all other requirements of State Statute, the Subdivision Control Act,
the Subdivision Control Ordinance and this resolution,
(7) That, for the purpose of obtaining approval of final plats prior to the
completion of all required improvements the proprietor may file with
the City of Livonia a corporate surety bond, certified check, cash
bond, irrevocable letter of credit, or other financial assurance in
such form as may be approved by the Department of Law
guaranteeing the satisfactory installation of all such improvements,
utilities and grading by the proprietor within the prescribed period,
that in the event the proprietor elects to deposit such financial
assurances the same shall be in the following amounts
(a) General Improvement Bond $317,000 00, of which at least
r
31834
$ 10,000 00 shall be in cash
(b) Sidewalk Bond $ 22,000 00, of which at least
$ 5,000 00 shall be in cash
(c) Grading & Soil Erosion $ 3,600 00 cash
(d) Entrance Marker/Landscaping $ 7,500 00, of which at least
$ 3,000 00 shall be in cash
(e) Monuments and Lot Markers $ 1,105 00 (all cash)
and require cash payments in the total amount of$31,065 00
In addition, distribution lines for telephone and electric services are to be
placed underground and ornamental street lights are to be provided
throughout the subdivision
A roll call vote was taken on the foregoing resolution with the following result:
AYES Laura, Brosnan, Walsh, Pastor and Engebretson
NAYS Vandersloot
The President declared the resolution adopted
Councilmember Duggan resumed his position at the podium at 9.06 p m
On a motion by Walsh, seconded by Duggan, and unanimously adopted, it
was.
BROWNFIELD REDEVELOPMENT ZONE
City of Livonia (the "Community")
Wayne County, Michigan
Pursuant to and in accordance with the provisions of Act 381 of the
Public Acts of the State of Michigan 1996, as amended (the "Act")
#621-99 WHEREAS, Wayne County has established the Wayne
County Brownfield Redevelopment Authority (the "Authority"),
WHEREAS, the Authority will only implement projects in communities that
approve of a specific Brownfield Plan,
31835
WHEREAS, the Authority can only prepare and implement Brownfield
Plans in Wayne County communities that approve the designation of its
borders or any part thereof as a Brownfield Redevelopment Zone,
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City
of Livonia approves the inclusion of the property described below as part
of the Wayne County Brownfield Redevelopment Zone
That part of the South 1/2 of Section 25, Township 1
South, Range 9 East, City of Livonia, Wayne County,
Michigan, described as beginning at a point on the
North line of Plymouth Road distant South 89 degrees
41 minutes East along the South line of said Section,
2017 95 feet and North 0 degrees 21 minutes 50
seconds East 60 0 feet from the Southwest corner of
Section 25 to the point of beginning, thence proceeding
North 0 degrees 21 minutes 50 seconds East along the
East line of Hartel Street 2302 05 feet, thence South 89
degrees 17 minutes 24 seconds East 394 26 feet;
thence North 0 degrees 04 minutes 35 seconds East
238 39 feet; thence along the South line of the
Chesapeake and Ohio Railroad Right of Way South 89
degrees 27 minutes 40 seconds East 237 69 feet and
North 88 degrees 27 minutes 17 seconds East 1321 49
feet; thence South 0 degrees 13 minutes 20 seconds
West 301 04 feet; thence South 88 degrees 32 minutes
West along the extension of the North line of Grantland
Avenue 30 01 feet; thence South 0 degrees 13 minutes
20 seconds West 2277 08 feet; thence along the North
line of Plymouth Road North 89 degrees 42 minutes 50
seconds West 1295 26 feet and North 89 degrees 41
minutes 00 seconds West 632 61 feet to the point of the
beginning (more commonly known as 28400 Plymouth
Road)
FURTHER, the Livonia City Council's approval of inclusion of the
above-described property (the "Site") as a Brownfield
Redevelopment Zone of the Authority is expressly conditioned on
the agreement of the Authority and Wayne County that no tax
increment revenues, as that term is used in the Act, will be
captured pursuant to the Act from the Site or any other property or
properties in the City of Livonia without a resolution of the City
Council specifically approving such capture of tax increment
revenues
On a motion by Brosnan, seconded by Vandersloot, and
31836
unanimously adopted, it was
#622-99 WHEREAS, pursuant to Act No 198 of the Public Acts of
1974, as amended, this Council has the authority to establish industrial
development districts within the boundaries of the City of Livonia, and
WHEREAS, a proposal was made regarding the establishment of an
industrial development district encompassing land situated in the City of
Livonia and comprised of an area of approximately 1 12 acres lying in the
Northwest 1/4 of Section 28, more particularly described in Exhibit A,
attached hereto and incorporated by reference herein, which area is
hereinafter referred to as "City of Livonia Industrial Development District
No 75," and
WHEREAS, written notice has been given by certified mail to R. L. Schmitt
Co , Inc. of the Council's pending action on this resolution and of its right
to a hearing on the establishment of proposed City of Livonia Industrial
Development District No 75, and
WHEREAS, notice has been given to all interested owners, residents and
taxpayers in the Livonia area of a public hearing on the establishment of
the proposed City of Livonia Industrial Development District No 75, and
WHEREAS, on Monday, August 9, 1999, a public hearing was held on the
establishment of proposed City of Livonia Industrial Development District
No 75, at which time R L. Schmitt Co , Inc. and other taxpayers and
residents of the City of Livonia had an opportunity to be heard (a copy of
the statements both written and oral made at such hearing being on file
with this City Council), and a representative of R L. Schmitt Co , Inc
attended said hearing and acknowledged receipt of notice of such hearing
on behalf of the said corporation,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
LIVONIA, AS FOLLOWS
1 Industrial Development District is hereby established, such district to
consist of the area described in Exhibit A, attached hereto
2 Such Industrial Development District is hereby designated as the
"City of Livonia Industrial Development District No 75 "
EXHIBIT A
28K4B 5 6A JEFFRIES FREEWAY
INDUSTRIAL PARK SUB T1S R9E L96 P75
76 WCR W 60FT OF LOT 4 ALSO E 60 FT
OF LOT 5 (34506 GLENDALE ) [1 12 ACRES]
31837
A communication from the Department of Assessment, dated August 26,
1999, re Application for Industrial Facilities Exemption for R.L. Schmitt Company was
received and placed on file for the information of the Council
A communication from the Department of Assessment, dated August 30,
1999, re IFT Exemption Tax Estimate of August 26, 1999, was received and placed on
file for the information of the Council
On a motion by Brosnan, seconded by Walsh, and unanimously adopted,
it was
#623-99 WHEREAS, pursuant to Act No 198 of the Public Acts of
1974, as amended, this Council has the authority to establish industrial
development districts within the boundaries of the City of Livonia, and
WHEREAS, a proposal was made regarding the establishment of an
industrial development district encompassing land situated in the City of
Livonia and comprised of an area of approximately 2 7 acres lying in the
Northwest 1/4 of Section 28, more particularly described in Exhibit A,
attached hereto and incorporated by reference herein, which area is
hereinafter referred to as "City of Livonia Industrial Development District
No 74, and
WHEREAS, written notice has been given by certified mail to Trio Tool
Company of the Council's pending action on this resolution and of its right
to a hearing on the establishment of proposed City of Livonia Industrial
Development District No 74, and
WHEREAS, notice has been given to all interested owners, residents and
taxpayers in the Livonia area of a public hearing on the establishment of
the proposed City of Livonia Industrial Development District No 74, and
WHEREAS, on Monday, August 9, 1999, a public hearing was held on the
establishment of proposed City of Livonia Industrial Development District
No 74, at which time Trio Tool Company and other taxpayers and
residents of the City of Livonia had an opportunity to be heard (a copy of
the statements both written and oral made at such hearing being on file
with this City Council), and a representative of Trio Tool Company
attended said hearing and acknowledged receipt of notice of such hearing
on behalf of the said corporation,
31838
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
LIVONIA, AS FOLLOWS
1 An Industrial Development District is hereby established, such district
to consist of the area described in Exhibit A, attached hereto
2 Such Industrial Development District is hereby designated as the "City
of Livonia Industrial Development District No 74 "
EXHIBIT A
Land situated in the City of Livonia, Wayne County, Michigan, described
as
Lots 1 and 2, MICHAEL-KERBY INDUSTRIAL SUBDIVISION, as
recorded in Liber 96 of Plats, Pages 66, 67 and 68, Wayne County
Records, together with a perpetual easement for ingress, egress and
parking across the Northerly 20 feet of Lot 3 of MICHAEL-KERBY
INDUSTRIAL SUBDIVISION, as recorded in Liber 96 of Plats, Pages 66,
67 and 68, Wayne County Records, as set forth in declaration of
easement recorded in Liber 19456, Page 951, Wayne County Records,
and also forth in said declaration of easement recorded in Liber 19456,
Page 951, Wayne County Records
ALSO
All that part of the Northeast 1/4 of the Northwest 1/4 of Section 28, Town 1
South, Range 9 East, City of Livonia, Wayne County, Michigan, described
as Beginning at a point on the North and South '/4 line of said Section 28,
which is 102 00 feet South of the North 1/4 corner of said Section 28,
thence continuing South along said North and South 1/4 line, 250 00 feet;
thence South 89 degrees 43 minutes 20 seconds West 165 00 feet;
thence North 250 00 feet to the South line of Schoolcraft Road, thence
North 89 degrees 43 minutes 20 seconds East along said South line,
165 00 feet to the point of beginning which lies Southerly of a line, 158 00
feet Southerly of, measured at right angles, and parallel to a line described
as Beginning at a point on the North and South % line of said Section 28
which is South 00 degrees 44 minutes 33 seconds West, 90 10 feet from
the North '/4 corner of said Section 28, thence South 88 degrees 00
minutes 31 seconds West, 200 feet to a point of ending
ALSO
A Parcel of land being a part of Lot 823 of"SUPERVISOR'S PLAT NO
14", of part of the North 1/2 Section of Section 28, Town 1 South, Range 9
East, City of Livonia, Wayne County, Michigan, recorded in Liber 70 of
Plats, Page 69, Wayne County Records, more particularly described as
The South 439 93 feet of the North 585 93 feet of said Lot 823, containing
trim'
31839
1 0099 acres of land more or less subject to all restrictions and easements
of record if any
A communication from the Department of Assessment, dated August 26,
1999, re Application for Industrial Facilities Exemption for Trio Tool Company was
received and placed on file for the information of the Council
A communication from the Department of Assessment, dated August 30,
1999, re IFT Exemption Tax Estimate of August 26, 1999, was received and placed on
file for the information of the Council
On a motion by Vandersloot, seconded by Brosnan, and unanimously
adopted, it was
#624-99 RESOLVED, that having considered a communication from
the City Planning Commission, dated June 16, 1999, which sets forth its
resolution 6-98-99 adopted on June 8, 1999, with regard to Petition 99-4-
2-12 submitted by Rite Aid of Michigan, Inc. requesting waiver use
approval to utilize an SDM license within an existing Rite Aid store located
at the southwest corner of Six Mile and Inkster Road (27401 Six Mile
Road) in the Northeast 1/4 of Section 13, which property is zoned C-2,
and the Council having conducted a public hearing with regard to this
matter on August 11, 1999, pursuant to Council Resolution 455-99, the
Council does hereby concur in the recommendation of the City Planning
Commission and said Petition 99-4-2-12, as amended, is hereby denied
for the following reasons
1 That the petitioner has failed to affirmatively show that the proposed
use of an SDM license is in compliance with all of the special and
general waiver use standards and requirements as set forth in
Section11 03 and 19 06 of the Zoning Ordinance #543,
2 That the proposed use fails to comply with the Zoning Ordinance
standards set forth in Section 11 03(r)(1) with respect to the
requirement that there be at least a 500 foot separation between SDM
licensed establishments,
3 That this area of the City is currently well served with SDM licensed
establishments selling packaged alcoholic beverages, and
31840
4 That the petitioner has not sufficiently demonstrated a need in the area
for additional sales of packaged alcoholic beverages such as are
permitted by the utilization of an SDM license
*ir
The following individual spoke in opposition to the approval of the
foregoing resolution
John Doyle, attorney for Rite-Aid
The following individuals spoke in favor of the approval of the foregoing
resolution
Eric Behrmann, 16678 Rougeway, Livonia
Sharon Barkman, 16742 Rougeway, Livonia
Debbie Behrmann, 16678 Rougeway, Livonia
Kelly Legleitner, 16931 Inkster Road, Livonia
Terry Farida, 27428 Six Mile Road, Livonia (owner of Value Center)
On a motion by Brosnan, seconded by Vandersloot, it was
RESOLVED, that having considered a communication from the City
Planning Commission, dated April 12, 1999, which transmits its resolution
3-45-99, adopted on March 23, 1999, with regard to Petition 99-2-2-5,
submitted by Rocky Zebari, requesting waiver use approval to utilize SDD
and SDM licenses within an existing building located on the Northeast
corner of Middlebelt Road and St. Martins Avenue in the Southwest 1/4 of
Section 1, which property is zoned C-2, the Council does hereby refer this
matter to the Committee of the Whole for its report and recommendation
The petitioner, Rocky Zebari, asked for Council's approval of his request.
Councilmembers Brosnan and Vandersloot withdrew their motion on the
foregoing resolution
At the direction of the chair, Item #25 re Petition 99-2-2-5, submitted by
Rocky Zebari, requesting waiver use approval to utilize SDD and SDM licenses within
an existing building located on the Northeast corner of Middlebelt Road and St. Martins
Avenue in the Southwest 1/4 of Section 1, was postponed to the next Regular Meeting of
September 15, 1999
The President relinquished the Chair to the Vice President at 9 40 P M
On a motion by Engebretson, seconded by Laura, it was
31841
#625-99 RESOLVED, that having considered a communication from
Council President Jack Engebretson, dated August 23, 1999, wherein it is
requested that Council Resolution 571-99 be amended so the public
hearing on the necessity will include a cul-de-sac, the Council does
hereby amend and revise Council Resolution 571-99 so as to have the
same read as follows
RESOLVED, that having considered the report and
recommendation of the Streets, Roads and Plats Committee, dated
July 19, 1999, submitted pursuant to Council Resolution 388-99,
regarding proposed improvements of Norfolk Avenue from 150 feet
west of Melvin Avenue to Oporto Avenue and Oporto Avenue from
Norfolk Avenue to 400 feet north of Norfolk Avenue in the Northeast
1/4 of Section 2, THE COUNCIL DOES HEREBY SET
WEDNESDAY, OCTOBER 20, 1999, AT 7 00 P M AS THE DATE
AND TIME FOR ANOTHER PUBLIC HEARING ON THE
NECESSITY FOR SUCH PROPOSED IMPROVEMENT AS
MODIFIED TO INCLUDE A CUL-DE-SAC TO THE
NORTHERNMOST PROPERTY ON THE WESTERN SIDE OF
PROPOSED OPORTO,which public hearing shall be held before
the Council in the Livonia City Hall, 33000 Civic Center Drive,
Livonia, Michigan, pursuant to Section 3 08 070 of said Livonia
Code of Ordinances, as amended, and the City Clerk is hereby
authorized to give notice and publication of such hearing as is
required by Section 3 08 070 of said Code, FURTHER, the City
Engineer is hereby requested to ascertain the assessed valuation
of all property affected by the proposed improvement, as modified,
the number of parcels which show tax delinquencies, the number of
parcels owned by public authorities, the number of parcels which
are now vacant, and to prepare and cause to be prepared, plans
and specifications therefore and an estimate of the cost thereof,
and to file the same with the City Clerk prior to the publication and
mailing of notice of the Public Hearing by the City Clerk as set forth
in Section 3 08 070 of the Livonia Code of Ordinances, as
amended, together with his recommendation as to what proportion
of the cost should be paid by special assessment and what part, if
any, should be a general obligation of the City, the number of
installments in which assessments may be paid and the lands
which should be included in the proposed special assessment
district, pursuant to the provisions of Section 3 08 060 of the
Livonia Code of Ordinances, as amended
A roll call vote was taken on the foregoing resolution with the following result:
AYES Laura, Brosnan, Engebretson and Vandersloot
31842
NAYS Duggan, Pastor and Walsh
The Vice President declared the resolution adopted
On a motion by Brosnan, seconded by Duggan, and unanimously
adopted, it was.
#626-99 RESOLVED, that the Traffic Commission is hereby
requested to submit a report and recommendation re installation of"No
Parking" signs on Morlock Street in connection with the proposed street
improvements of portions of Norfolk and Oporto in the Northeast %of
Section 2
A communication from Steve Pokornicki, 31641 Bobrich Avenue, Livonia,
dated August 22, 1999 re the proposed improvement of Oporto Avenue between
Norfolk and Morlock was received and placed on file for the information of the
Council
The President resumed the Chair at 10 06 p m
Patty Begley, 20305 Purlingbrook, Livonia, and Michael Heitjan, 20309
Melvin, Livonia both spoke in opposition of a proposed cul-de-sac on Oporto Street.
Chris Lonnett, 30160 Morlock, Livonia spoke in favor of making a
cul-de-sac on Oporto Street and leaving Morlock as a dead-end street.
Steve Robertson, 20281 Melvin, Livonia, stated that he wants to have the
developer pay for the cost of this improvement.
On a motion by Walsh, seconded by Brosnan, and unanimously adopted,
it was
#627-99 WHEREAS, the Michigan Telecommunications Act of 1995
requires all telecommunication companies to obtain permits before using
public rights-of-way; gives municipalities 90 days to act on applications,
indicates that applications can be granted or denied based upon
considerations such as public health, safety and welfare, allows the
assessment of fees not to exceed the fixed and variable costs of the right-
31843
of-way used by a provider, plus the cost of issuing the permit; and permits
the requirement of bonds for restoration of the public rights of way;
WHEREAS, House Bill 4804 would give municipalities only thirty (30) days
to issue a permit; and such permits may only be conditioned on safety
reasons, excluding health and welfare reasons; and
WHEREAS, House Bill 4804 would limit the ability of municipalities to
issue permits and assess related fees, and limit the use of a bond to
restore the right-of-way after the provider removes its lines but not while
they are in place, and
WHEREAS, House Bill 4804 would require that all right-of-way disputes
be mediated by one member of the Public Service Commission instead of
the courts, and in the case of an emergency claimed by the provider, the
Public Service Commission member would be required to issue an order
in seven days without any hearing and without participation of the affected
municipality; and
WHEREAS, House Bill 4804 would appear to allow attorney fees,
damages and other monetary awards against municipalities who violate
the act; and
WHEREAS, House Bill 4804 would effectively remove most municipal
control of the rights-of-way and substantially limit, if not overturn, the
assessment of related fees, both of which would erode the ability of
municipalities to protect the public health, safety and welfare of its
residents,
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City
of Livonia hereby urges our elected representatives to oppose the above-
mentioned legislation,
BE IT FURTHER RESOLVED, that copies of this resolution be sent to
Governor John Engler, State Senator Thaddeus McCotter, State
Representative Laura M Toy, State Representative Gerald Law, the
Michigan Municipal League State and Federal Affairs Division, and the
Conference of Western Wayne
No one from the audience spoke during the audience communication
portion of the meeting
Councilmember Brosnan extended birthday greetings to her sister, Donna,
and father-in-law, Brendan Brosnan, Sr
31844
On a motion by Duggan, seconded by Brosnan, and unanimously
adopted, this 1,399th Regular Meeting of the Council of the City of Livonia, was
adjourned at 1012 p m.
YU-
Joan McCotter, City Clerk