HomeMy WebLinkAboutCOUNCIL MINUTES 1999-03-10 31491
MINUTES OF THE ONE THOUSAND THREE HUNDRED AND EIGHTY-EIGHTH
REGULAR MEETING OF MARCH 10, 1999
On March 10, 1999, the above meeting was held at the City Hall, 33000
Civic Center Drive, Livonia, Michigan, and was called to order by the Vice President of
the Council at 8 00 p m Councilmember Laura delivered the invocation
Roll was called with the following result: Joe Laura, Maureen Miller
Brosnan, John R Pastor, Brian Duggan, and John J Walsh Absent: Val Vandersloot
(ill) and Jack Engebretson (ill)
Elected and appointed officials present: Jack E Kirksey, Mayor; John
Nagy, City Planner; John Hill, Assistant City Engineer; Sean P Kavanagh, City
Attorney; Joan McCotter, City Clerk, Karen A. Szymula, Director of Legislative Affairs,
Mary Rutan, Personnel Director; and Jeann3 Treff, Administrative Assistant - Cable
Television Division
On a motion by Duggan, seconded by Brosnan, and unanimously
adopted, it was
#128-99 RESOLVED, that the minutes of the 1,387th Regular Meeting
of the Council of the City of Livonia, held February 24, 1999, are hereby
approved as submitted
A communication from the Planning Director, dated February 19, 1999, re
forwarding an "Office Building Study" for the City of Livonia, dated January, 1999, was
received and placed on file for the information of the Council
There was no audience communication at the beginning of the meeting
Councilmember Pastor acknowledged his brother's birthday of yesterday, as well
as two (2) sisters-in-law who recently had birthdays, Sharon and Connie
fir
31492
Councilmember Duggan announced that March 23, 1999, is Council President
Engebretson's birthday, and wished him an early "Happy Birthday "
Additionally, Vice President Walsh wished a speedy recovery to Council
President Engebretson and Councilmember Vandersloot, who are out ill this evening
A communication from Gail Silvernail, dated March 5, 1999, re additional
information on the request for signs for the Clarenceville High School Annual Craft
Show was received and placed on file for the information of the Council (Consent
Agenda Item #2)
On a motion by Pastor, seconded by Brosnan, it was
#129-99 RESOLVED, that having considered a letter from the
Secretary of the Livonia Woodcarvers Club, dated February 16, 1999, in
connection with the 25th Annual Woodcarving Show to be conducted at
Eddie Edgar Arena on August 7 and 8, 1999, and which requests
permission to display temporary advertising signs from July 31 through
August 8, 1999, which signs will be displayed in the following locations
1 Inkster Road and Eight Mile Road, S W corner
2 Inkster Road on Grand River Blvd, W side
3 Inkster Road and Long, S W corner
4 Inkster Road and Seven Mile Road, N W corner
5 Inkster Road and Six Mile Road, N W corner
6 Inkster Road and Five Mile Road, N W corner
7 Inkster Road and Schoolcraft, N W corner
8 Inkster Road and Schoolcraft, S W corner
9 Inkster Road and Plymouth, S W corner
10 Inkster Road and West Chicago Island
11 Inkster Road and Joy Road, N W corner
12 Joy Road and Harrison, N E corner
13 Middlebelt and Joy, N E corner
14 Middlebelt and West Chicago, N E corner
15 Middlebelt and Plymouth, N E corner
16 Middlebelt and Plymouth, S W corner
17 Middlebelt and Schoolcraft Island, S E corner
18 Middlebelt and Schoolcraft Island, N E corner
19 Middlebelt and Five Mile Road, N E corner
20 Middlebelt and Six Mile Road, N E corner
21 Middlebelt and Seven Mile Road, N E corner
22 Middlebelt and Eight Mile Road, S E corner
23 Middlebelt and Eight Mile Road, S W corner
31493
24 Merriman and Eight Mile Road, S W corner
25 Merriman and Seven Mile Road, N W corner
26 Merriman and Six Mile Road, N W corner
27 Merriman and Five Mile Road, N W corner
28 Merriman and Schoolcraft, N E corner
29 Merriman and Plymouth, N W corner
30 Merriman and Joy, N W corner
31 Farmington Road and Joy, N E corner
32 Farmington Road and Plymouth, N E corner
33 Farmington Road and Schoolcraft, N W corner
34 Farmington Road and Five Mile Road, N E corner
35 Farmington Road and Six Mile Road, N E corner
36 Farmington Road and Seven Mile Road, N W corner
37 Farmington Road and Eight Mile Road, S W corner
38 Newburgh and Eight Mile Road, S W corner
39 Newburgh and Seven Mile Road, N W corner
40 Newburgh and Six Mile Road Island West
41 Newburgh and Five Mile Road, S W corner
42 Newburgh and Schoolcraft, S W corner
43 Newburgh and Plymouth, S W corner
44 Newburgh and Ann Arbor Trail, S W corner
45 Newburgh and Joy, N W corner
46 Joy Rcad and Hix, N W corner
47 Haggerty and Joy, N E corner
48 Haggerty and Ann Arbor Road, S E corner
49 Haggerty and Plymouth, S E corner
50 Haggerty and Plymouth, N E corner
51 Haggerty and Schoolcraft, N E corner
52 Haggerty and Five Mile Road, S E corner
53 Haggerty and Six Mile Road, S E corner
54 Haggerty and Seven Mile Road, S E. corner
55 Haggerty and Eight Mile Road, S E corner
the Council does hereby approve and grant this request in the manner and
form herein submitted, FURTHER, the Council does hereby determine
that this request shall receive a Category III application pursuant to the
City of Livonia Fees/Waivers Four Category Grid dated February 8, 1993,
as established in Council Resolution 371-93, adopted on May 5, 1993
#130-99 RESOLVED, that having considered a letter from Gail
Silvernail, Publicity Chairperson for the Clarenceville Athletic Booster
Club, dated February 15, 1999, which requests permission to display wire
signs announcing the Clarenceville High School Annual Craft Show to be
held on Saturday, March 27, 1999, which signs are to be 14" x 22" in size
and which will be displayed from March 13, 1999, through March 28,
1999, at intersections of major mile roads in the City from Plymouth Road
to Eight Mile Road and from Inkster Road to Newburgh Road, as stated in
31494
a letter received from the petitioner dated March 5, 1999, the Council does
hereby grant and approve this request in the manner and form herein
submitted
#131-99 RESOLVED, that having considered the report and
recommendation of the Director of Public Works, dated February 16,
1999, which bears the signature of the Director of Finance and is
approved for submission by the Mayor, the Council does hereby accept
the following low bids which meet specifications for supplying the Public
Service Division (Road Maintenance Section) with bituminous materials
specified at the unit prices bid for the period May 1, 1999, through April
30, 2000
1 Nagle Paving Company, 30630 West 12 Mile Road, Suite A,
Farmington Hills, Michigan 48334
12WM Asphaltic Concrete $28 50 per ton
1100 Asphaltic Concrete $23 50 per ton
20 Wearing Fine (Driveway Top) $23 50 per ton
31 M Wearing $28 50 per ton
2 Ajax Materials Corporation, One Ajax Drive, P 0 Box 71307, Madison
Heights, Michigan 48071
Cold Patch Asphaltic Material
(Pave 192), delivered $33 80 per ton
3 Asphalt Products Corporation, 27575 Wixom Road, Novi, Michigan
48374
Cold Patch Material (U P M
or Q P R.), delivered $53 50 per ton
FURTHER, in the event the aforesaid low bidders are unable to furnish the
materials, the Council does hereby accept the following second lowest
bids, which also meet specifications, as alternates for supplying the Public
Service Division (Road Maintenance Section) with bituminous materials
specified at the unit prices bid for the period May 1, 1999, through April
30, 2000
1 Detroit Concrete Products Corporation, 4900 McCarthy Drive, Milford,
Michigan 48381
12WM Asphaltic Concrete $23 00 per ton
31 M Wearing $23 00 per ton
31495
2 Asphalt Products Corporation, 27575 Wixom Road, Novi, Michigan
48374
1100 Asphaltic Concrete $22 00 per ton
20 Wearing Fine (Driveway Top) $21 75 per ton
3 Barrett Paving Materials, Inc., 5800 Cherry Hill Road, Ypsilanti,
Michigan 48197
Cold Patch Asphaltic Material
(Pave 192), delivered $34 94 per ton
4 Midland Contracting Co., 3200 Carrollton Road, P 0 Box 9,
Carrollton, Michigan 48724
Cold Patch Material (U P M or
Q P R.), delivered $53 97 per ton
#132-99 RESOLVED, that having considered the report and
recommendation of the Director of Public Works, dated February 19,
1999, which bears the signature of the Director of Finance and is
approved for submission by the Mayor, and a communication from Allie
Brothers, dated February 4, 1999, wherein it is indicated that Allie
Brothers has offered to hold the prices bid in 1995 through July 30, 2000,
the Council does hereby accept such offer of Allie Brothers, 20295
Middlebelt, Livonia, Michigan 48152, for supplying the Department of
Public Works with foul weather garments at the same unit prices
previously accepted in Council Resolution 513-95 (unit prices
bid June 29, 1995, and as extended by Council Resolutions 486-96, 226-
97 and 211-98) for a total estimated price of$26,642.94, FURTHER, the
Council does hereby authorize the said purchase without competitive
bidding for the reasons indicated in the aforesaid communication, and
such action is taken in accordance with the provisions set forth in Section
3 04 140D4 of the Livonia Code of Ordinances, as amended
A communication from the Public Service Division, dated February 5,
1999, re an update on the City's application to be designated as a "Tree City USA"
was received and placed on file for the information of the Council
#133-99 RESOLVED, that the Council does hereby determine to
designate Councilmember Val I Vandersloot to serve as the City Council
representative on the City's Community Tree Committee on a continuing
basis, or until further order of this Council by Council Resolution
31496
A communication from the Civil Service Department, dated February 16,
1999, re forwarding a Contract Addendum to the Livonia Lieutenants and Sergeants
Association Contract Agreement for the period December 1, 1997 through November
30, 2000 with respect to eligibility dates for bargaining members to transfer from the
Defined Benefit Plan to the Defined Contribution Plan was received and placed on file
for the information of the Council
A communication from the Livonia Employees Retirement System, dated
February 16, 1999, re additional information concerning the request for an ordinance
amendment regarding a retiree's status in the retirement system should the retiree be
re-employed by the City was received and placed on file for the information of the
Council
#134-99 RESOLVED, thai having considered the report and
recommendation of the Director of Finance, dated February 19, 1999,
approved for submission by the Mayor, to which is attached recommended
final budget adjustments for Fiscal Year 1998, the Council does hereby
authorize the said budget adjustments in the manner and form herein
submitted
#135-99 RESOLVED, that having considered the report and
recommendation of the Director of Public Works and the City Engineer,
dated February 3, 1999, which bears the signature of the Director of
Finance and is approved for submission by the Mayor, regarding
additional restoration work required in connection with the Pines of
Winfield project, the Council does hereby appropriate and authorize the
expenditure of the additional sum of $4,601 30 from the Water and Sewer
Contractual Account for this purpose for the reasons outlined in the
aforesaid communication, FURTHER, the Council does hereby authorize
final payment to be made to Eastern Concrete Paving Company in the
amount of$13,635 84 for the restoration work.
#136-99 RESOLVED, that having considered the report and
recommendation of the Director of Public Works and the City Engineer,
dated February 3, 1999, which bears the signature of the Director of
Finance and is approved for submission by the Mayor, regarding costs
incurred for additional restoration work required in connection with the
31497
Pines of Winfield project, the Council does hereby refer the matter of
collection remedies against the former and present owners of the property
to the Department of Law for its report and recommendation
#137-99 RESOLVED, that having considered the report and
recommendation of the Director of Public Works and the City Engineer,
dated February 3, 1999, which bears the signature of the Director of
Finance and is approved for submission by the Mayor, regarding
additional restoration work required in connection with the Pines of
Winfield project, the Council does hereby refer the subject of collection of
outstanding invoices related to the Pines of Winfield project to the Streets,
Roads and Plats Committee for its report and recommendation
#138-99 RESOLVED, that having considered the report and
recommendation of the Director of Public Works and the City Engineer,
dated February 9, 1999, which is approved by the City Attorney and
approved for submission by the Mayor, submitted pursuant to Council
Resolutions 359-97 and 80-97, which transmits final cost information in
connection with the completion of work at Pines of Winfield, the Council
does hereby authorize the retention by the City of the cash bond of
$3,600 00 posted by the original proprietor in order to partially reimburse
the City for the costs incurred to complete certain items of work.
A communication from the Engineering Division, dated February 9, 1999,
re administrative response to CR 318-97 —the installation of sidewalks on the west
side of Wayne Road between Ann Arbor Trail and West Chicago —was received and
placed on file for the information of the Council
#139-99 RESOLVED, that having considered the report and
recommendation of the Director of Public Works and the City Engineer,
dated February 12, 1999, approved for submission by the Mayor,
submitted pursuant to Council Resolution 897-97, with regard to a request
from the Wayne County Department of Public Services that the City take
jurisdiction and control of a section of 4" storm sewer as part of the
construction within the Five Mile Road right-of-way in connection with the
Ingram Avenue Backyard Storm Sewer located at 31160 Five Mile Road
to 15406 Ingram Avenue, the Council does hereby determine as follows
1 To advise the Wayne County Department of Public Services
(Permit Section) that the City of Livonia has approved the storm
sewer site plans, and further that the City will accept jurisdiction
and maintenance (at no expense to the County) of approximately
22 I f of 4" storm sewer within the Five Mile Road right-of-way in
31498
connection with the development of the aforementioned site located
at 31160 Five Mile Road to 15406 Ingram Avenue in the Southeast
1/4 of Section 15, and
2 To authorize the City Engineer to execute a Wayne County permit
on behalf of the City of Livonia in connection with the above storm
sewer construction
#140-99 RESOLVED, that having considered a communication from
the City Planning Commission, dated February 1, 1999, which transmits
its resolution 1-24-99, adopted on January 26, 1999, with regard to
Petition 98-12-2-33, submitted by Dan Bywalec, requesting waiver use
approval to operate a landscape contractors business with outdoor
storage on property located on the east side of Merriman Road between
Industrial Road and Schoolcraft Road/I-96 Expressway in the Northwest
1/4 of Section 26, which property is zoned M-1, the Council does hereby
concur in the recommendation made by the City Planning Commission
and Petition 98-12-2-33 is hereby approved and granted, subject to the
following conditions
1 That the Site Plan submitted by D & B Landscaping, as received by
the Planning Commission on January 26, 1999, which illustrates
the proposed landscape contractors storage yard, is hereby
approved and shall be adhered to,
2 That all contractor's vehicles, trailers, equipment and supplies shall
be stored in the rear yard only, and this rear yard storage shall be
maintained in an orderly manner;
3 That paving of the unimproved portions of the rear yard storage
area shall be accomplished to the satisfaction of the Inspection
Department in accordance with the standards and requirements as
set forth in Section 13 06 of the Zoning Ordinance, with the
exception of a 60' x 60' area in the southeast corner of the storage
area, which shall remain unpaved at petitioner's discretion,
4 That the bulk storage bins shall be constructed in accordance with
the details provided on the Site Plan, and the outdoor storage of all
loose material such as mulch, sand, stone, topsoil, bark and
cobblestone shall only occur within these bins,
5 That the landscaping shown on the Site Plan is hereby approved
and shall be installed to the satisfaction of the Inspection
Department;
31499
6 That underground sprinklers are to be provided for all landscaped
and sodded areas, and all planted materials shall be permanently
maintained in a healthy condition, and
7 That the existing parking areas shall be repaired and resealed,
where needed, to the satisfaction of the Inspection Department,
and the employee and visitor parking spaces shown on the Site
Plan shall be double-striped
#141-99 RESOLVED, that having considered a letter from Laurie
Colley, President, and Barb Swiech, Vice President, of the Stevenson
High School Booster Club, received in the Office of the City Clerk on
February 24, 1999, which requests permission to display wire signs
advertising the Stevenson High School Spring craft show to be conducted
on Saturday, March 27, 1999, and a Fall craft show to be conducted on
Saturday, November 6, 1999, which signs are to be installed no earlier
than Saturday, March 20, 1999, and removed no later than Sunday,
March 28, 1999, for the Spring craft show and installed no earlier than
October 30, 1999 and removed no later than November 7, 1999, for the
Fall craft show, at the following locations
2 Signs - 8 Mile and Haggerty 2 Signs - 6 Mile and Haggerty
2 Signs - 8 Mile and 1-275 2 Sign-, - 6 Mile and 1-275
1 Sign - 8 Mile and Newburgh 2 Signs - 6 Mile and Laurel Park
1 Sign - 8 Mile and Gill 2 Signs - 6 Mile and Newburgh
2 Signs - 8 Mile and Merriman 2 Signs -6 Mile and Levan
2 Signs - 8 Mile and Middlebelt 2 Signs - 6 Mile and Wayne
2 Signs - 6 Mile and Farmington
1 Sign - 7 Mile and Inkster 2 Signs - 6 Mile and Merriman
2 Signs - 7 Mile and Middlebelt 2 Signs - 6 Mile and Middlebelt
2 Signs - 7 Mile and Merriman 1 Sign - 6 Mile and Inkster
2 Signs - 7 Mile and Farmington
2 Signs - 7 Mile and Wayne 1 Sign - 5 Mile and Inkster
2 Signs - 7 Mile and Newburgh 2 Signs - 5 Mile and Middlebelt
3 Signs - 7 Mile and 1-275 2 Signs - 5 Mile and Merriman
1 Sign - Newburgh and Pembroke 2 Signs - 5 Mile and Farmington
2 Signs - 7 Mile and Haggerty 2 Signs - 5 Mile and Levan
2 Signs - Joy and Newburgh 2 Signs - 5 Mile and Newburgh
1 Sign - Stark and Farmington 2 Signs - 5 Mile and Haggerty
And along the 1-96 service drive as follows
Eastbound 1 sign each at Newburgh, Levan, Farmington, Merriman, Middlebelt,
and Inkster; and
Westbound: 1 sign each at Inkster, Middlebelt, Merriman, Farmington, Stark,
Levan, and Newburgh,
the Council does hereby grant and approve this request in the manner and
form herein submitted
31500
#142-99 RESOLVED, that having considered a letter from Sister
Mary Dennis, CSSF, Provincial Minister of The Felician Sisters, 0 S F ,
dated February 26, 1999, requesting permission to hang banners on
various light poles located on the property of each facility in the Felician
complex as part of the celebration of the 125th Anniversary of the Felician
Sisters in North America, and which banners would be placed in such
locations for a five-year period and would consist of a total of 92 double
banners in the following sizes
11 banners 18" x 36"
43 banners 30" x 60"
38 banners 30" x 94"
the Council does hereby approve and grant this request in the manner and
form herein submitted
#143-99 WHEREAS, the City of Livonia has received a request from
Ashley Capital, dated January 25, 1999, proposing the establishment of
an industrial development district for construction of a speculative building
in units, and
WHEREAS, pursuant to Act 198 of the Public Acts of 1974, as amended,
this Council has authority to establish industrial development districts
within the boundaries of the City of Livonia, and
WHEREAS, there is located within the boundaries of the City of Livonia
an area of approximately 117 13 acres lying in the North 1/2 of Section 25
as more particularly described in the attachment to the application which is
hereby incorporated by reference and which is hereinafter referred to as
"Proposed City of Livonia Industrial Development District No 72",
NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF LIVONIA, as
follows
1 The City Clerk is directed to give written notice by certified mail of
this action to all owners of real property within the boundaries of
Proposed City of Livonia Industrial Development District No 72
2 This City Council sets Monday, April 12, 1999, at 7 00 p m as the
date for the holding of a public hearing on the question of whether
this City Council should establish the Industrial Development
District for construction of a speculative building in units described
above
3 This City Council directs the City Clerk to provide notice, as
required by law, of the public hearing fixed above, so that all
31501
residents or taxpayers of the City of Livonia shall be afforded an
opportunity to be heard on the question of establishing the
Industrial Development District described above
#144-99 WHEREAS, the City Clerk has received an Application for
Industrial Facilities Exemption Certificate from EPI Printers, Inc., dated
February 24, 1999, covering new industrial facilities to be located within
City of Livonia Industrial Development District 54,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
LIVONIA that it determines as follows
1 The City Clerk shall provide copies of the said Application to the
legislative bodies of the governmental units deriving property taxes
from the property which will be affected, as required by Act 198,
P.A. 1974, as amended
2 The City Clerk shall contact each of the affected taxing units, and (i)
indicate the Council's interest in this matter, and (ii) assist these
taxing units in collecting such information as may be necessary to
determine their respective opinions on this Application, and (iii)
advise the said taxing units of this Council's desire to hold a hearing
on this Application on Wednesday, April 14, 1999, at 7 00 p m at
the Livonia City Hall, 33000 Civic Center Drive, Livonia, Michigan
3 The Council hereby sets Wednesday, April 14, 1999, at 7 00 p m
at the Livonia City Hall, 33000 Civic Center Drive, Livonia,
Michigan, as the date, time and place for conducting a hearing on
said Application
A roll call vote was taken on the foregoing resolutions with the following result:
AYES Laura, Brosnan, Pastor, Duggan, and Walsh
NAYS None
The seminar presented by Plante and Moran, LLC at the Finance,
Insurance and Budget Committee meeting held February 16, 1999, re Municipal
Accounting was received and placed on file for the information of the Council
Duggan took from the table, for second reading and adoption, the
following Ordinance
31502
AN ORDINANCE AMENDING SECTION 6 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 98-2-1-2)
A roll call vote was taken on the foregoing Ordinance with the following result:
AYES Laura, Brosnan, Pastor, Duggan, and Walsh
NAYS None
The Vice President declared the foregoing Ordinance duly adopted, and would become
effective on publication
Pastor gave first reading to the following Ordinance
AN ORDINANCE AMENDING SECTION 30 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 98-9-1-18)
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
Laura took from the table, for second reading and adoption, the following
Ordinance
AN ORDINANCE AMENDING SECTION 33 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 98-7-1-12)
A roll call vote was taken on the foregoing Ordinance with the following result:
AYES Laura, Pastor, Duggan, and Walsh
NAYS Brosnan
31503
The Vice 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 98-11-3-6)
A roll call vote was taken on the foregoing Ordinance with the following result:
AYES Brosnan, Pastor and Walsh
NAYS Laura and Duggan
The Vice President declared the foregoing Ordinance duly adopted, and would become
effective on publication
On a motion by Duggan, seconded by Brosnan, and unanimously
adopted, it was
#145-99 RESOLVED, that having considered a letter from the
Michigan Liquor Control Commission, dated December 7, 1998, and the
report and recommendation of the Chief of Police, dated February 8,
1999, approved for submission by the Mayor, in connection with a request
from Maram Hirmis for transfer of ownership of a 1998 SDD-SDM licensed
business from Pleasant Liquor Shoppe, Inc. for a business located at
38675 Ann Arbor Road, Livonia, Michigan, the Council does hereby refer
this matter to the Committee of the Whole for its report and
recommendation
The Vice President left the podium at 8 10 p m and relinquished the Chair to Senior
Councilmember Brosnan due to a conflict of interest on the next Agenda item
On a motion by Duggan, seconded by Pastor, it was
#146-99 RESOLVED, that having considered a communication from
the Department of Law, dated February 22, 1999, approved for
submission by the Mayor, in connection with a proposed cellular tower
antenna to be constructed at Rotary Park by New Par, a Delaware
partnership, d/b/a AirTouch Cellular, and to which is attached a proposed
lease agreement between the City of Livonia and New Par, d/b/a/
31504
AirTouch Cellular, the Council does hereby authorize the Mayor and City
Clerk, for and on behalf of the City of Livonia, to execute the proposed
lease agreement between the City of Livonia and New Par, d/b/a AirTouch
Cellular, for a five-year period, with two additional five-year renewal
periods, at a location in Rotary Park, and payable upon the terms and
conditions detailed in the aforesaid communication and proposed
agreement attached thereto, and subject to approval as to form by the
Department of Law; FURTHER, the Council does hereby accept the
twelve thousand dollar ($12,000 00) gift offered by New Par and the three
thousand dollar ($3,000 00) up-front contribution to bury overhead wires in
Rotary Park, FURTHER, the Council does hereby direct that the "up front"
payments from this lease agreement and "gift" shall be utilized for Parks
and Recreation purposes in Rotary Park.
A roll call vote was taken on the foregoing resolution with the following result:
AYES Pastor, Duggan and Brosnan
NAYS Laura
Councilmember Brosnan declared the resolution adopted
Two (2) photographs received in the City Coup icil Office on March 8, 1999,
from the Planning Department re a view from the driveway entering Rotary Park and a
view from the south side of Six Mile Road facing Rotary Park were received and placed
on file for the information of the Council
A communication from the Department of Law, dated March 4, 1999, re
stating that Skytel has withdrawn their request for locating a whip antennae on the
Police/Fire tower was received and placed on file for the information of the Council
Walsh returned to the podium and resumed the Chair at 8 11 p m
Duggan left the podium at 8 15 p m due to a conflict of interest on the next Agenda
item
On a motion by Laura, seconded by Pastor, it was
#147-99 RESOLVED, that having considered a communication from
the City Planning Commission, dated February 11, 1999, which transmits
its resolution 2-31-99, adopted on February 9, 1999, with regard to the
31505
proposed revised preliminary plat of the 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, and the revised preliminary plat having been
approved by the City Planning Commission on February 9, 1999, the
Council does hereby approve of the said revised preliminary plat based
upon the same conditions as those set forth in the aforesaid Planning
Commission action and subject to the receipt of a report and
recommendation by the City Engineer relative to the development plans
and specifications for the improvements therein, and the financial
assurances guaranteeing the satisfactory installation of such
improvements, FURTHER, the Council does hereby waive a portion of
the open space requirement of the Subdivision Rules and Regulations as
requested by Merriman Forest L.L.0
A roll call vote was taken on the foregoing resolution with the following result:
AYES Laura, Brosnan, Pastor and Walsh
NAYS None
The Vice President declared the resolution adopted
The following individuals from the audience addressed the foregoing matter
1) Bill Zalewski, 18687 Bainbridge — stated that not all questions/concerns have
been addressed He would like a meeting with the residents, the City Council
and the developer;
2) Mel Wolicki, 18579 Bainbridge — opposed to the new subdivision He spoke to
the issue of water/drainage problems in this area, and
3) Barbara Beauchamp, 18986 Merriman —stated approving this matter would be
doing an injustice to Livonia, and that she would not change her backyard for the
newcomers
Duggan returned to the podium at 8 23 p m
On a motion by Brosnan, seconded by Pastor, and unanimously adopted,
it was
#148-99 RESOLVED, that having considered a communication from
the City Planning Commission, dated February 11, 1999, which transmits
its resolution 2-27-99 adopted on February 9, 1999, with regard to Petition
99-1-8-6 submitted by K & F Land Company, requesting site plan approval
in connection with a proposal to construct an office building on property
located at 19301 Victor Parkway in the Northwest 1/4 of Section 6,
31506
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 99-1-8-6 is hereby approved and
granted, subject to the following conditions
1) That the Site Plan, marked Sheet SP-1, prepared by PDA
Architects, as received by the Planning Commission on January 13,
1999, is hereby approved and shall be adhered to,
2) That the Landscape Plans, marked Sheets L-1, L-2 and L-3,
prepared by E J Kleckner & Associates, as received by the
Planning Commission on January 13, 1999, are hereby approved
and shall be adhered to,
3) That all disturbed lawn areas shall be sodded in lieu of
hydroseeding,
4) 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,
5) That the Exterior Bolding Elevation Plan, marked Sheet A-4,
prepared by PDA Architects, as received by the Planning
Commission on January 13, 1999, is hereby approved and shall be
adhered to,
6) That the brick used in the construction of the building shall be full-
face four (4") inch brick, no exceptions,
7) 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,
8) That the entire parking lot shall be doubled striped, and
9) That no signs, either freestanding or wall mounted, are approved
with this petition, all such signage shall be separately submitted for
review and approval by the Planning Commission and City Council
On a motion by Pastor, seconded by Duggan, it was
#149-99 RESOLVED, that having considered a request from
Councilmember Joe Laura to amend Council Resolution 752-96 regarding
movie start times in connection with the approval of Petition 96-4-2-14,
31507
submitted by Walkon & Associates to construct a 20-screen AMC movie
theater on property located north of Seven Mile Road between Haggerty
Road and the 1-275 Expressway in the Southwest 1/4 of Section 6, the
Council does hereby refer this item to the Committee of the Whole for its
report and recommendation
A roll call vote was taken on the foregoing resolution with the following result:
AYES Brosnan, Pastor, Duggan and Walsh
NAYS Laura
The Vice President declared the resolution adopted
The following individuals from the audience addressed the foregoing matter.
1) Maureen Wilkie, 37737 Margareta — opposed to the request to amend movie
start times, she didn't want that 10% of late night movie traffic going through her
neighborhood,
2) Bob Snyder, 16774 Ronnie Lane — also opposed to the requested change, 3 00
a m is too late to have teenagers out; and
3) Colleen Burton, 18483 Gill — opposed, stated there are only two or three movie
theaters on the west side of Detroit showing movies after midnight, nit 20% as
referenced in the paper
A communication from the Division of Police, dated March 8, 1999, re
crime activity data in the area of the AMC Theater (19510 Haggerty), and from Haggerty
to Farmington, south of Seven Mile, for a period of 10 months, was received and placed
on file for the information of the Council (Petition 96-4-2-14)
On a motion by Brosnan, seconded by Pastor, and unanimously adopted,
it was
#150-99 WHEREAS, pursuant to due and proper notice published
and mailed to all property owners in Special Assessment District No 401
for a proposed street improvement consisting of the placement of three
(3") inches overlay over the top of the existing four (4") inch asphalt road
and widen two (2') feet on each side of the road with a two (2") inch high
mountable asphalt curb (Alternate III Modified) for Lamont Street (130
feet north of Joy Road to 200 feet south of Northfield Avenue) and
Stonehouse Avenue (130 feet north of Joy Road to Minton Avenue), in
the City of Livonia, Wayne County, Michigan, as required by the
31508
provisions of the City Charter and Title 3, Chapter 8 of the Livonia Code
of Ordinances, as amended, a public hearing thereafter having been held
thereon on Wednesday, February 17, 1999, at 7 00 p m at the City Hall,
33000 Civic Center Drive, Livonia, Michigan, and the City Council having
duly met and reviewed the special assessments levied on the special
assessment roll as prepared by the City Assessor to cover the district
portion of the cost of a street improvement to be constructed in Special
Assessment District No 401, and
WHEREAS, the City Council has heard and carefully considered all
objections made to said assessments,
NOW, THEREFORE, BE IT RESOLVED, THAT
(1) The City Council does hereby determine that the assessments set
forth in said Special Assessment Roll dated December 9, 1998, in
the amount of$128,670 45, are fair and equitable and based upon
benefits to be derived by construction of improvements proposed in
said district in accordance with the plans of the City Engineer and
resolutions of the City Council,
(2) Said Special Assessment Roll No 401 is hereby approved and
confirmed in all respects,
(3) The amount of said roll shall be divided into fifteen (15) equal
annual installments with interest at the rate of six (6%) percent per
annum on the unpaid balance of the assessment from December 1,
1999 Said interest shall be payable on each installment due date,
provided, however, that after the issuance of bonds in anticipation
of the collection of the unpaid assessments on the said special
assessment roll, said rate of interest shall be not more than 1%
above the average rate of interest borne by said bonds In such
cases where the installments will be less than Ten Dollars ($10 00),
the number of installments shall be reduced so that each
installment shall be above and as near Ten Dollars ($10 00) as
possible The first installment shall be due and payable December
1, 2000 and subsequent installments on December 1st of
succeeding years,
(4) Pursuant to the provisions of Section 3 08 130 of the Livonia Code
of Ordinances, as amended, the City Clerk shall endorse the date
of confirmation on the assessment roll, and the said assessment
roll shall then be immediately transmitted to the City Treasurer who
shall then publish notice as is required by Section 3 08 190 of the
Livonia Code of Ordinances, as amended, and mail assessment
statements to the respective property owners assessed in the
manner and substance as provided by said Section 3 08 190 Any
31509
property owner assessed may pay the whole or any part of the
assessment without interest or penalty up to December 1, 1999,
(5) The first installment shall be spread upon the 2000 City tax roll in
the manner required by Section 3 08 210 of the Livonia Code of
Ordinances, as amended, together with interest upon all unpaid
installments from December 1, 1999 and thereafter one (1)
installment shall be spread upon each annual tax roll together with
one (1) year's interest upon all unpaid installments, provided,
however, that when any annual installment shall have been prepaid
in the manner provided in Title 3, Chapter 8 of the Livonia Code of
Ordinances, as amended, either within the sixty (60) day period as
provided by Section 3 08 200, or after the expiration of the sixty
(60) day period as provided by Section 3 08.220 then there shall be
spread upon the tax roll for such year only the interest for all unpaid
installments, and
(6) The City Council does hereby determine to pay 15% of the paving
costs ($22,706 55) and 100% of drainage costs ($131,675 00) for a
total amount of$154,381 55
On a motion by Pastor, seconded by Laura, and unanimously adopted, it
was
#151-99 RESOLVED, that having considered a communication from
the City Planning Commission, dated February 1, 1999, which transmits
its resolution 1-20-99, adopted on January 26, 1999, with regard to
Petition 98-11-2-29, submitted by Stuart Frankel, on behalf of Newburgh
Plaza, requesting waiver use approval to operate a full service restaurant,
LaShish Restaurant, proposed to occupy a specified unit (as delineated in
the legal description approved by the Engineering Division) within the
Newburgh Plaza located on the south side of Six Mile Road between
Newburgh Road and Fitzgerald Avenue in the Northwest 1/4 of Section
17, which property is zoned C-2, the Council does hereby concur in the
recommendation made by the City Planning Commission and Petition 98-
11-2-29 is hereby approved and granted, subject to a limitation on the
number of customer seats not to exceed a total of 237
There was no audience communication at the end of the meeting
Councilmember Pastor wished his sister-in-law Denise's father, who is in
the hospital, a speedy recovery
31510
On a motion by Duggan, seconded by Pastor, and unanimously adopted,
this 1,388th Regular Meeting of the Council of the City of Livonia was adjourned at 8 42
p m , March 10, 1999
Joan MpCo =r, City Cler' .i
}