HomeMy WebLinkAboutCOUNCIL MINUTES 1999-04-21 REVISED PAGE-ADDING CR #226-99
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MINUTES OF THE ONE THOUSAND THREE HUNDRED AND NINETY-FIRST
REGULAR MEETING OF APRIL 21, 1999
On April 21, 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 Vandersloot delivered the invocation
Roll was called with the following result: Val I Vandersloot, John R.
Pastor, Brian Duggan, Joe Laura, Maureen Miller Brosnan, John J Walsh, and Jack
Engebretson Absent: None
On a motion by Duggan, seconded by Brosnan, and unanimously
adopted, it was.
#226-99 RESOLVED, that minutes of the 1,390th Regular Meeting of
the Council of the City of Livonia, held April 7, 1999, are hereby approved
as submitted
During the audience communication portion of the meeting, Eric Haupt,
14120 Fairway, addressed the Culver Custom Homes project and requested the City to
revise its rules re difficult-to-use parcels
On a motion by Walsh, seconded by Brosnan, and unanimously adopted,
it was
#227-99 RESOLVED, that the Council does hereby refer to the
Legislative Committee for its report and recommendation the issue of City
planning and amending the Zoning Ordinance to account for odd-shaped
lots in rierence to the Culver Custom Homes project.
Jim Borrusch, 14048 Fairway, also addressed odd-shaped parcels and
stated his support of a revision, as requested by Eric Haupt.
Councilmember Brosnan offered congratulations to John and Mary Nagy
on the April 15th birth of their granddaughter (Caroline Elizabeth, 7 lbs. 13 oz., 19-3/4"
long), as well as to the proud parents, Mariana and Bill Witt.
She also announced the upcoming 25th Annual Livonia Community Prayer
Breakfast to be held on Thursday, May 6, 1999, commencing at 7 15 a m at Laurel
Manor, and stated that tickets are still available
Cara Boucher, of the Michigan Department of Natural Resources,
presented a "Tree City USA" award to the City consisting of a plaque, a flag, signs, and
a $200 grant for the planting of trees with respect to the Arbor Day celebration to be
held on April 30, 1999
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Mayor Kirksey read a proposed resolution in support of House Bill #4182
to grant cities relief from the 25% limitation to meet street maintenance needs while
protecting major roads
Councilmember Vandersloot read the proposed Arbor Day resolution, and
added that the first official tree planting would take place at Mies Park on West Chicago
at 2 30 p m on the 30th, and that the public was welcome to attend
On a motion by Brosnan, seconded by Laura, and unanimously adopted, it
was
#228-99 WHEREAS, In 1872, J Sterling Morton proposed to tale
Nebraska Board of Agriculture that a special day be set aside for the
planting of trees, and
WHEREAS, this holiday, called Arbor Day, was first observed with the
planting of more than a million trees in Nebraska, and Arbor Day is now
observed throughout the nation and the world, and
WHEREAS, trees reduce the erosion of our precious topsoil by wind and
water, cut heating and cooling costs, moderate the temperature, clean the
air, produce oxygen and provide habitat for wildlife, and
WHEREAS, trees are a renewable resource giving us paper, wood for our
homes, fuel for our fires and countless other wood products, and
WHEREAS, trees in our City increase property values, enhance the
economic vitality of business areas, and beautify our community, and
WHEREAS, trees, wherever they are planted, are a source of joy and
spiritual renewal, and
WHEREAS, Livonia has been recognized as a Tree City USA by The
National Arbor Day Foundation and desires to continue its tree-planting
practices
NOW, THEREFORE, BE IT RESOLVED, that the Mayor and Members of
the City Council of the City of Livonia hereby proclaim April 30th as Arbor
Day in the City of Livonia, and urge all citizens to celebrate Arbor Day and
to support efforts to protect our trees and woodlands, and
FURTHER, we urge all citizens to plant trees to promote the well being of
this and future generations
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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, the
Conference of Western Wayne and the Plymouth Road Development
Authority
On a motion by Brosnan, seconded by Laura, and unanimously adopted, it
was
#229-99 WHEREAS, Act No 51 of the Public Acts of 1951, as
amended ("Act 51"), provides for distribution to cities of a portion of the
gasoline tax revginues and other monies in the Michigan Transportation
Fund, and
WHEREAS, Act 51 has traditionally limited the flexibility of cities to meet
their road maintenance needs by requiring that 75% of Michigan
Transportation Fund amounts returned to the cities must be spent on
"major" roads, and
WHEREAS, the City of Livonia has seen explosive growth in its
responsibilities for local street maintenance, while maintenance needs
associated with major roads have remained relatively static, so that the
City now has nearly five times as many miles of local streets as of major
roads, and
WHEREAS, State Representative Gloria Schermesser has introduced
House Bill No 4182, which would amend Act 51 to grant cities such as
Livonia relief from the 25% limitation, thereby increasing the flexibility
allowed to Livonia and other cities to meet street maintenance needs while
protecting major roads, and
WHEREAS, the Mayor and City Council joined in adopting Resolution
1017-97, supporting adoption of similar legislation, during the previous
session of the legislature, and
WHEREAS, the Mayor and City Council continue to believe that such
reforms are necessary both for the empowerment of communities
statewide, and for the future of the streets and roads used by our citizens,
NOW, THEREFORE, BE IT RESOLVED, that the Mayor and City Council
of the City of Livonia, Michigan, commend Representative Schermesser
on her proposal, and urge the early adoption of House Bill No 4182 by the
full legislature, and request that copies of this resolution be forwarded
forthwith to State Representative Gloria Schermesser, State
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Representative Rick Johnson, Governor John Engler, U S Representative
Lynn Rivers, U S Representative Joseph Knollenberg, Senator Thaddeus
McCotter, State Representative Laura Toy, State Representative Gerald
Law, the MML State and Federal Affairs Division, and the Conference of
Western Wayne
A communication from the Department of Finance, dated March 30, 1999,
re forwarding various financial statements of the City of Livonia for the month ending
February 28, 1999, was received and placed on file for the information of the Council
At the direction of the Chair, Item #9 was removed from the Consent
portion of the Agenda
A communication from the Department of Law, dated April 15,1999, re
whether petitioners should appear first before the Zoning Board of Appeals or the
Planning Commission was received and placed on file for the information of the Council
(Consent Agenda Item #2)
A communication from the Department of Law, dated April 19, 1999, re
fireworks for the Schoolcraft College Free Fair was received and placed on file for the
information of the Council (Consent Agenda Item #3)
A facsimile from Wade Shows, Inc , dated April ii, 1999, re forwarding a
site plan for the fireworks display as part of the Livonia Free Fair at Schoolcraft College
was received and placed on file for the information of the Council (Consent Agenda
Item #3)
A communication from the Department of Law, dated April 19, 1999, re
proposed amendment to the lease agreement with the Livonia Hockey Association for
Devon-Aire Arena in order to extend the term of the lease was received and placed on
file for the information of the Council (Consent Agenda Item #9)
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A communication from the Clements Circle Civic Association, dated April
8, 1999, re the proposed development at the George Burns property (Petition 99-2-8-8
by Phoenix Land Development) was received and placed on file for the information of
the Council (Consent Agenda Item #21)
On a motion by Brosnan, seconded by Pastor, it was
#230-99 RESOLVED, that having considered an application from
Kathleen A. Fitzgerald, 9917 Cranston, dated April 5, 1999, requesting
permission to close Cranston between Elmira and Orangelawn on
Monday, May 31, 1999, from 2 00 p m to 8 00 pm 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.
#231-99 RESOLVED, that having considered a letter from Michael B
Courtney, President of Siding World, dated March 29, 1999, requesting
permission to continue using the Fremont Street right-of-way for employee
parking for the business located at 29547 W Eight Mile Road, the Council
does hereby refer this matter to the Streets, Roads and Plats committee
for its report and recommendation
#232-99 RESOLVED, that having considered a letter from Michael B
Courtney, President of Siding World, dated March 29, 1999, requesting
permission to continue using the Fremont Street right-of-way for employee
parking for the business located at 29547 W Eight Mile Road, the Council
does hereby refer the subject of approvals given in the past for on-street
parking in other areas of the City to the Inspection Department for its
report and recommendation
#233-99 RESOLVED, that having considered a letter from Timothy G
Jenkins, Coordinator of the Livonia Free Fair, dated March 31, 1999,
wherein a request is submitted for a fireworks display permit, pursuant to
1968 PA 358, to be held on the grounds of Schoolcraft College, 18600
Haggerty Road, on Sunday, June 13, 1999, the Council does hereby
approve of the fireworks display in the manner and form herein submitted,
subject to liability insurance being provided in the amount of
$2,000,000 00 for this event.
#234-99 RESOLVED, that having considered a communication from
the City Assessor, dated March 26, 1999, approved for submission by the
Mayor, with regard to a request from Mr Gerald Sabo, 19711 Merriman
Court, Livonia, Michigan 48152, and in accordance with the provisions of
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1967 PA 288, as amended, as well as Section 18 46 of Ordinance 543, as
amended, the Council does hereby approve of the proposed division and
combination of Tax Item Nos 46 007 99 0011 000 and 46 007 99 0012
000 into two (2) parcels, the legal descriptions of which shall read as
follows
PARCEL A
The North 88 ft. of the South 2024 ft. of the West 442 50 ft. of the
Southwest 1/4 of Section 2, T 1S , R 9E , exc. the West 236 25 ft. thereof,
also exc. the East 30 ft. thereof
PARCEL B
The West 236.25 ft. of the North 88 ft. of the South 2024 ft. of the
Southwest % of Section 2, T 1S R.9E , exc. the West 60 ft. thereof
as shown on the map attached to the aforesaid communication which is
made a part hereof by reference, and the City Clerk is hereby requested to
cause a certified copy of this resolution to be recorded in the Office of the
Wayne County Register of Deeds, PROVIDED, HOWEVER, that until a
variance is granted by the Zoning Board of Appeals as to every
nonconforming lot resulting from such split, none of said lots may be sold,
leased or transferred
#235-99 RESOLVED, that having considered a communication from
the Livonia Arts Commission and the Director of Community Resources,
dated March 29, 1999, which bears the signature of the Director of
Finance and is approved for submission by the Mayor, to which is
attached a renovation plan for the Civic Center Environmental Sculpture
located on the south side of Livonia City Hall, and a quotation submitted
by Frank Varga, Varga Sculpturing Studios, 296 N E 6th Avenue, Delray
Beach, Florida 33483, in the amount of$15,000 00 for a bronze sculpture
("Birds in Flight") to be added to the environmental sculpture site, the
Council does hereby approve such renovation plan and the purchase and
proposed location of the bronze sculpture, FURTHER, the Council does
hereby appropriate and authorize the expenditure of a sum not to exceed
$35,000 00 from the Livonia Arts Commission Trust Fund for this purpose,
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 artist, subject to
approval as to form by the Department of Law, and to do all things
necessary or incidental to the full performance of this resolution
#236-99 RESOLVED, that having considered a communication from
the Livonia Arts Commission and the Director of Community Resources,
dated March 29, 1999, which bears the signature of the Director of
Finance and is approved for submission by the Mayor, wherein
authorization is requested for the addition of a bronze sculpture ("Birds in
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Flight") and certain improvements to the environmental sculpture site
located on the south side of Livonia City Hall, the Council does hereby
refer the subject of the cost of extending electrical service to the area in
question to the Engineering Division for its report and recommendation
#237-99 RESOLVED, that having considered a communication from
the Personnel Director, dated March 19, 1999, transmitting a copy of a
resolution adopted by the Civil Service Commission at its regular meeting
of March 18, 1999, requesting pay scale adjustments for the
classifications of Student Page and Library Page, the Council does hereby
concur in the recommendation of the Civil Service Commission and the
pay scale adjustments for the classifications of Student Page and Library
Page are hereby approved as follows
Current Wage Rate Proposed Wage Rate
Student Page $5 15 $5 50
Library Page (first 6 months) $5 40 $6 50
Library Page (after 6 months) $5 65 $7 00
#238-99 RESOLVED, that having considered a letter from the
Michigan Liquor Control Commission, dated October 22, 1998, and the
report and recommendation of the Chief of Police, dated March 10, 1999,
approved for submission by the Mayor, the Council does hereby approve
of the request from the Italian American Club Banquet Hall, Inc to add
space to 1998 Class C licensed business with Dance Permit,
Entertainment Permit without dressing rooms, Outdoor Service (One
Area), Official Permit (Food), three bars and two direct connections for a
business located at 39200 Five Mile Road, Livonia, Michigan 48154,
Wayne County; and the City Clerk is hereby requested to forward a
certified copy of this resolution to the Michigan Liquor Control
Commission
#239-99 RESOLVED, that having considered a communication from
the Training Coordinator for the Department of Public Safety - Fire &
Rescue, dated March 11, 1999, approved for submission by the Mayor,
the Council does hereby determine that the City-owned 1974 Hurst tool
(jaws of life) is considered surplus property and does hereby authorize the
disposal of such equipment by donating same to the Wildwood Fire
Department, 4397 Wildwood Road, Alger, Michigan 48610, Gladwin
County, as recommended in the aforesaid communication
#240-99 RESOLVED, that having considered the report and
recommendation of the Superintendent of Parks and Recreation, dated
April 5, 1999, which bears the signature of the Director of Finance and is
approved for submission by the Mayor, the Council does hereby accept
the bid of LTCPS/Play Environments, Inc , 563 College Avenue, Holland,
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Michigan 49423, for supplying the Department of Parks and Recreation
with playground equipment for Clements Circle Park, Nash Park and
Shelden Park and a picnic shelter for Shelden Park for the amount of
$205,426 00, the same having been in fact the lowest bid received and
meets all specifications with respect to the playground equipment, and the
Council having determined to accept such bid in lieu of the low bid with
respect to the picnic shelter based upon the fact that the low bidder for the
picnic shelter has withdrawn its bid, FURTHER, the Council does hereby
authorize the expenditure of the sum of$205,426 00 from funds already
budgeted in Account No 101-707-974-000 for this purpose
#241-99 RESOLVED, that having considered the report and
recommendation of the Director of Public Works and the Superintendent
of Public Service, dated March 24, 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 materials specified at the unit prices bid per ton
for the 1999 calendar year requirements
1 Williams Trucking Service, Inc., P 0 Box 51279, Livonia, MI 48151
M D O T - 21AA - Limestone $ 7 42 per ton
M D O T - 22A 6 47 per ton
WCRC - 22X 5 45 per ton
W C R.0 - 30A (Slag) 7 35 per ton
W C R.0 - Porous Backfill - Grade A 4 57 per ton
W C R.0 - 2NS - Natural Sand 6 22 per ton
60-40 Washed - Conc Aggregates 10 05 per ton
Pea Gravel 9 25 per ton
2 Hayball Transport, Inc., 12550 Farmington Road, Livonia, MI 48150
WCR.0 - 3A $ 937 per ton
WCRC - 3X 1082 per ton
3 Osburn Industries, Inc., 5850 Pardee Road, Taylor, MI 48180
WC RC - Porous Backfill - Grade B $ 5 23 per ton
4 R. D. Shelby Trucking, 4950 Technical, Milford, MI 48381
W C R.0 - 2MS - Mortar Sand $ 7 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
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bids, which also meet specifications, as alternates for supplying the Public
Service Division (Road Maintenance Section) with materials specified at
the unit prices bid for the 1999 calendar year.
1 Hayball Transport, Inc., 12550 Farmington Road, Livonia, MI 48150
MDOT - 21AA $ 767 per ton
M D O T - 22A 6 67 per ton
WCRC - 22X 585 per ton
WCRC - Porous Backfill - Grade A 4 75 per ton
WCRC - 2NS - Natural Sand 6 67 per ton
60-40 Washed - Conc Aggregates 10 52 per ton
Pea Gravel 10 37 per ton
2 Williams Trucking Service, Inc., P 0 Box 51279, Livonia, MI 48151
W C R.0 - Porous Backfill - Grade B $ 7 97 per ton
W C R.0 - 2MS - Mortar Sand 7 75 per ton
3 Summit Transport, Inc., 10321 E Grand River, Suite 520, Brighton, MI
48116
WCRC - 3A $ 967perton
WCRC - 3X 11 22 per ton
4 Edw. C. Levy Co., 8800 Dix Avenue, Detroit, MI 48209
WCRC - 30A (Slag) $ 8 08 per ton
#242-99 RESOLVED, that having considerea the report and
recommendation of the Director of Public Works, dated April 5, 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 (Golf Courses and Parks Sections) with the fertilizers and
chemicals specified at the unit prices bid for the 1999 calendar year
1 Turfgrass, Inc., P 0 Box 667, South Lyon, MI 48178
Material to be furnished Unit Price Bid
1 to 2 Ratio w/Millenium $ 800 00 per ton
5-5-30 w/ 148 Barricade 1,000 00 per ton
19-3-6 w/Mach II 1,792 00 per ton
18-6-15 w/Nutralene 1,116 00 per ton
18-3-18 1,030 40 per ton
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21-2-20 784 00 per ton
18-5-9 476 00 per ton
Heritage 2,040 00 per case
Bio-Trek 22G 200 00 per bag
Consyst WDG 254 00 per case
Daconil Ultrex 173 40 per case
2 Lesco, Inc., 20005 Lake Road, Rocky River, OH 44116
Material to be furnished Unit Price Bid
20-5-20 $ 620 00 per ton
Heritage 2,040 00 per case
Bayleton 50WP 334 95 per case
3 Benham Turf Partners, 24800 N Industrial Drive, Farmington Hills,
MI 48335
Material to be furnished Unit Price Bid
18-5-9 w/Millenium $ 695 00 per ton
19-3-6 w/ 072% Dimension 514 00 per ton
Heritage 2,040 00 per case
Daconil Ultrex 173 40 per case
4 United Horticultural Supply, 15511 Knobhill Drive, Linden, MI 48451
Material to be furnished Unit Price Bid
Heritage $2,040 00 per case
Mach II 32 96 per bag
Daconil Ultrex 173 40 per case
Merit 5G 48 60 per bag
#243-99 RESOLVED, that having considered the report and
recommendation of the Director of Finance, dated March 31, 1999,
approved for submission by the Mayor, submitted pursuant to Council
Resolution 473-97, and which submits a bid received in connection with
the sale of City-owned property located at 9416 Newburgh Road, Lot 739,
in Section 32, more particularly described as
Lot 739, except the west 27 feet thereof, Supervisor's Livonia Plat
No 12, as recorded in Liber 66, Page 65 of Plats, Wayne County
Records, said plat being a part of Section 32, T 1 S , R 9 E., City
of Livonia, Wayne County, Michigan (Tax Id No 126-01-0739-
000)
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the Council does hereby waive the irregularity in the bid regarding the
submission of the required deposit after the bid opening and does hereby
accept the bid and authorize the sale of the aforesaid City-owned property
to Eleanore Tillman, 11763 Pine Mountain Drive, Brighton, Michigan
48114, for a total purchase price of$25,000 00, which sale is conditioned
upon the purchaser providing such title work as may be required for this
transaction, the action herein being taken in order to best serve the
interests of the community; and the Mayor and City Clerk are hereby
authorized, for and on behalf of the City of Livonia, to execute a quit claim
deed and such other documents as may be necessary or incidental to
fulfill the purpose of this resolution, and the Department of Law is hereby
requested to prepare and place in proper form such legal documents as
may be necessary to consummate this transaction
#244-99 RESOLVED, that having considered the report and
recommendation of the Director of Finance, dated April 5, 1999, approved
for submission by the Mayor, and to which is attached a list of adjustments
required for the 1999 budget, the Council does hereby authorize the said
budget adjustments and transfers in the manner and form set forth in the
attachment.
#245-99 RESOLVED, that having considered the report and
recommendation of the Director of Finance and the City Attorney, dated
March 30, 1999, approved for submission by the Mayor, submitted
pursuant to Council Resolution 877-98, with respect to bids received for
the sale of City-owned property located at 12313 Stark Road wherein it is
recommended that both bids be rejected, the Council does hereby refer
this item to the Streets, Roads and Plats Committee for its report and
recommendation
A communication from the Department of Law, dated March 26, 1999, re
controlled substances, in particular, "G H B ", was received and placed on file for the
information of the Council (CR 153-99)
#246-99 RESOLVED, that having considered the report and
recommendation of the Department of Law, dated March 26, 1999,
approved for submission by the Mayor, submitted pursuant to Council
Resolution 153-99, regarding the possession and/or use of Gamma-
hydroxybutyrate ("G H B "), the Council does hereby refer this item to the
Legislative Committee for its report and recommendation
#247-99 RESOLVED, that having considered the report and
recommendation of the Department of Law, dated March 26, 1999,
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approved for submission by the Mayor, submitted pursuant to Council
Resolution 153-99, regarding the possession and/or use of Gamma-
hydroxybutyrate ("G H B "), the Council does hereby refer this subject and
the treatment of same in conjunction with the Livonia Police D.A.R.E
Program to the Chief of Police for his report and recommendation
#248-99 RESOLVED, that having considered the report and
recommendation of the Director of Public Works and the City Engineer,
dated March 11, 1999, which bears the signature of the Director of
Finance and is approved for submission by the Mayor, the Council does
hereby accept the unit price bid of Countyline Contractors, Inc , 7615
Spencer Road, South Lyon, Michigan 48178, for completing all work
required in connection with the Ingram Avenue Backyard Storm Sewer
Construction (Contract 99-F) for the estimated total cost of$24,1C'0 00
based upon the Engineering Division's estimate of units involved, and
subject to a final payment based upon the actual units completed in
accordance with the unit prices accepted herein, said estimated cost and
unit prices having been in fact the lowest bid received for this item,
FURTHER, the Council does hereby appropriate and authorize an
expenditure in the amount of$24,100 00 from the Unexpended Fund
Balance of the Drainage Projects Construction Fund (No 465) for this
purpose, and the Director of Public Works is hereby authorized to approve
minor adjustments in the work as it becomes necessary; and the Mayor
and City Clerk are hereby authorized to execute a contract for and on
behalf of the City of Livonia with the aforesaid bidder and to do all other
things necessary or incidental to the full performance of this resolution
#249-99 RESOLVED, that having considered a communication from
the Director of Public Works (in his capacity as Street Administrator),
dated March 19, 1999, which bears the signature of the Director of
Finance, is approved for submission by the Mayor, and submitted
pursuant to Section 13(6)a of Act 51, of the Public Acts of Michigan of
1951, as amended, with regard to the transfer of funds for the Fiscal Year
1998-99 from the Major Street System Account to the Local Street System
Account, the Council does hereby authorize the transfer of a sum up to,
but not to exceed, 25% of the amount designated for the Major Street
System to be used on the Local Street System, and the City Clerk and
Director of Finance are hereby authorized to do all things necessary or
incidental to fulfill the purpose of this resolution
#250-99 RESOLVED, that having considered a communication from
the Director of Public Works (in his capacity as Street Administrator),
dated March 19, 1999, which bears the signature of the Director of
Finance, is approved for submission by the Mayor, and submitted
pursuant to Section 13(6)b of Act 51 of the Public Acts of Michigan of
1951, as amended, with regard to the transfer of funds for the Fiscal Year
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1998-99 from the Major Street System Account to the Local Street System
Account, the Council does hereby authorize the transfer of a sum up to,
but not to exceed, $600,000 00 from those funds designated for use on
p the Major Street System to be used on the Local Street System,
FURTHER, the Council does hereby authorize a budget adjustment in the
amount of$600,000 00 from the Unexpended Fund Balance to Account
No 202-484-965-203 for this purposes, and the City Clerk and Director of
Finance are hereby authorized to do all things necessary or incidental to
fulfill the purpose of this resolution
#251-99 RESOLVED, that the Council does hereby refer the matter of
using Act 51 monies to pave Henry Ruff Road, between Five Mile Road
and Lyndon, to the Engineering Division for its report and
recommendatic•i
#252-99 RESOLVED, that having considered the report and
recommendation of the Director of Public Works and the City Engineer,
dated April 1, 1999, which bears the signature of the Director of Finance,
is approved by the Superintendent of Parks and Recreation, and is
approved for submission by the Mayor, the Council does hereby accept
the unit price bid of Nagle Paving Company, 30630 West Twelve Mile
Road, Farmington Hills, Michigan 48334, for completing all work required
for the 1999 Tennis Court Reconstruction Project (Contract 99-G) for the
estimated total cost of$99,922 00 based upon the Engineering Division's
estimate of units involved, and subject to a final payment based upon the
actual units completed in accordance with the unit prices accepted herein,
said estimated cost and unit prices having been in fact the lowest bid
received for this item, FURTHER, the Council does hereby authorize an
expenditure in the amount of$83,779 00 from funds budgeted in the
Capital Outlay Account No 101-707-974-000 for this purpose,
FURTHER, the Council does hereby authorize an additional appropriation
and expenditure in the amount of$16,143 00 from the Unexpended Fund
Balance of the Capital Project Fund #401 for this purpose, and the
Director of Public Works is hereby authorized to approve minor
adjustments in the work as it becomes necessary; and the Mayor and City
Clerk are hereby authorized to execute a contract for and on behalf of the
City of Livonia with the aforesaid bidder and to do all other things
necessary or incidental to the full performance of this resolution
#253-99 RESOLVED, that having considered a communication from
the City Planning Commission, dated March 25, 1999, which transmits its
resolution 3-44-99, adopted on March 23, 1999, with regard to Petition 99-
2-2-4, submitted by James K. Wegerly, on behalf of the Livonia Rotary
Club, requesting waiver use approval to operate a carnival consisting of
rides, games and food concessions from May 6, 1999 through May 16,
1999, inclusive, in a portion of the Livonia Mall parking lot located north of
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Seven Mile Road between Middlebelt and Purlingbrook Roads in the
Southeast 1/4 of Section 2, which property is zoned C-2, the Council does
hereby concur in the recommendation made by the City Planning
.r Commission and Petition 99-2-2-4 is hereby approved and granted,
subject to the following conditions
1 That the carnival shall be limited to the dates as specified by Pugh
Shows, Inc , which are May 6, 1999 through May 16, 1999,
inclusive,
2 That the proposed carnival operation shall be confined to the area
as illustrated on the site plan submitted with this request;
3 That all rides, food concessions, booths and all other equipment
and apparatus relating to the operation of the carnival shall be
located at least 40 feet distant from the Seven Mile Road right-of-
way line,
4 That all trucks and other related transportation equipment shall be
parked or stored within the northwesterly portion of the Livonia Mall
parking lot, but no closer to the adjacent residential properties than
the distances shown on the site plan,
5 That there shall be no motors running on the stored trucks during
late hours, especially between 11 00 p m to 7 00 a m , including
motors on any refrigeration trucks,
6 That there shall be no living quarters at the location of the stored
trucks, and
7 That the hours of operation of the carnival shall be as stated in a
letter dated March 5, 1999, from James K. Wegerly, President of
Pugh Shows, Inc
#254-99 RESOLVED, that having considered a communication from
the City Planning Commission, dated March 25, 1999, which transmits its
resolution 3-52-99 adopted on March 23, 1999, with regard to Petition 99-
2-8-8, submitted by Phoenix Land Development, requesting site plan
approval in connection with a proposal to construct commercial buildings
on property located at 33330 Plymouth Road in the Southwest 1/4 of
Section 27, pursuant to the provisions set forth in Section 18 47 of
Ordinance No 543, as amended, the Council does hereby refer this
matter and the proposed use of the balance of the George Burns Theatre
property to the Committee of the Whole for its report and
recommendation
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#255-99 RESOLVED, that having considered a communication from
the City Planning Commission, dated March 25, 1999, which transmits its
resolution 3-54-99 adopted on March 23, 1999, with regard to Petition 99-
2-8-10, submitted by Edwards Glass Company, requesting site plan
approval in connection with a proposal to construct an addition to the
commercial building on property located at 32000 Plymouth Road in the
Southwest 1/4 of Section 27, 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 99-2-8-10 is hereby approved and granted, subject to the
following conditions
1 That the Site & Landscape Plan marked Sheet 1, prepared by
Kenneth E West, P E , as received by the Planning Commission on
March 16, 1999, is hereby approved and shall be adhered to,
2 That all disturbed lawn areas shall be sodded in lieu of
hydroseeding,
3 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,
4 That the Exterior Building Elevation Plan marked Sheet 4, prepared
by Kenneth E West, P E , as received by the Planning Commission
on February 25, 1999, is hereby approved and shall be adhered to,
and
5 That the entire parking lot shall be repaired, resealed and double
striped to the satisfaction of the Inspection Department.
#256-99 RESOLVED, that having considered a communication from
Councilmember Maureen Miller Brosnan, dated March 25, 1999, to which
is attached a communication and petitions from residents of the Hillcrest
Court Subdivision, dated February 18, 1999, expressing their opposition to
the street lighting project within this development located east of the
Kroger Store on the south side of Five Mile, east of Merr.man (S.A.D No
385), the Council does hereby refer this item to the Streets, Roads and
Plats Committee for its report and recommendation
#257-99 RESOLVED, that having considered a communication from
the Director of Public Works and the City Engineer, dated April 14, 1999,
approved for submission by the Mayor, with regard to a
Telecommunications Permit Application submitted by Norlight
Telecommunications, Inc , requesting approval for access to and ongoing
use of the public right-of-ways within the City for a proposed
31587
telecommunications system utilizing approximately three miles of public
right-of-way, as more particularly described in the attachment to the permit
application, the Council does hereby designate Wednesday, May 26,
1999, at 7 00 p m as the date and time for conducting a public hearing
with regard to whether or not to approve such permit application, 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 Section 12 06 050G of the Livonia Code of Ordinances, as amended
A roll call vote was taken on the foregoing resolutions with the following result:
AYES Vandersloot, Pastor, Duggan, Laura, Brosnan, Walsh and
Engebretson
NAYS None
On a motion by Brosnan, seconded by Laura, and unanimously adopted, it
was
#258-99 RESOLVED, that having considered a communication from
the Superintendent of Parks and Recreation, dated April 5, 1999, which
transmits a copy of Resolution No 2463 adopted by the Parks and
Recreation Commission on February 25, 1999, wherein it is recommended
that the current registration requirements that are set forth in the Livonia
Hockey Association's bylaws be followed, and having also considered the
report and recommendation of the Department of Law, dated April 19,
1999, approved for submission by the Mayor, to which is attached a
proposed Amendment No 2 to the Lease Agreement for Devon-Aire
Arena between the City of Livonia and the Livonia Hockey Association, the
Council does hereby refer this item to the Capital Improvement Committee
for its report and recommendation
A communication from the Department of Parks and Recreation, dated
April 5, 1999, forwarding a resolution adopted by the Parks and Recreation Commission
at its meeting held February 25, 1999, re recommendation that the Livonia Hockey
Association's bylaws be followed was received and placed on file for the information of
the Council (CR 933-98)
31588
A communication from the Department of Law, dated April 19, 1999, re
proposed amendment to the Lease Agreement with the Livonia Hockey Association for
Devon-Aire Arena in order to extend the term of the lease was received and placed on
file for the information of the Council (CR 933-98)
A communication from the Department of Law, dated April 21, 1999, re
forwarding revised pages 3 and 4 to the proposed amendment to the Lease Agreement
with the Livonia Hockey Association was received and placed on file for the information
of the Council (CR 933-98)
On a motion by Brosnan, seconded by Vandersloot, and unanimously
adopted, it was
#259-99 RESOLVED, that having considered the report and
recommendation of the Capital Improvement Committee, dated March 30,
1999, submitted pursuant to Council Resoluton 854-96, and a
communication from Fernon P Feenstra, on behalf of the Livonia
Anniversary Committee, Inc (SPREE), dated August 23, 1996, with
respect to the donation of an activities sign for the advertisement of
SPREE events and other community events occurring throughout the
year, the Council does hereby refer the subject of use, location, costs,
rendering and funding strategies for a two-sided activities sign to the
administration for its report and recommendation, the same to thereafter
be submitted to Council within ninety (90) days
No action was taken on Agenda Item #25b, the request from T & T Land Clearing,
L.L.0 , to lease approximately 17 28 acres of the Livonia DPW Yard for a wood
recycling operation (CR 1134-96)
On a motion by Brosnan, seconded by Duggan, and unanimously
adopted, it was
31589
#260-99 RESOLVED, that having considered the report and
recommendation of the Capital Improvement Committee, dated March 30,
1999, submitted pursuant to Council Resolution 21-98, and a
communication from the Planning Department, dated December 1, 1997,
to which is attached the "Capital Improvement Program 1998-2003", the
Council does hereby determine to take no further action with respect to
this matter
On a motion by Vandersloot, seconded by Brosnan, and unanimously
adopted, it was
#261-99 RESOLVED, that having considered the report and
recommendatico of the Committee of the Whole, dated March 31, 1999,
submitted pursuant to Council Resolution 876-98, and a communication
from the City Assessor, dated October 12, 1998, approved for submission
by the Mayor, with regard to a request from James Baker, 35564
Schoolcraft, Livonia, Michigan 48150, and in accordance with the
provisions of 1967 PA 288, as amended, as well as Section 18 46 of
Ordinance 543, as amended, the Council does hereby approve of the
proposed division of Tax Item No 46-080-99-0010-000 into two (2)
parcels, the legal descriptions of which shall read as follows
PARCEL A.
The North 797 17 feet of the South 899 17 feet of the East 163 93 feet of
the West 658 93 feet of the East '/z of the Southeast % of Section 20, T 1
S , R 9 E , City of Livonia, Wayne County, Michigan, also the East 30 00
feet of Lots 72, 73, 74, 75, 76, 77, 78 and 79 of Biltmore Estates
Subdivision as recorded in Liber 86 of Plats, Pages 20, 21 and 22, Wayne
County Records, more fully described as commencing at the Southeast
corner of said Section 20, thence N 89°29'25" W 665 15 feet along the
South line of said Section 20, thence N 00°26'13" W 102 00 feet to the
South line of Schoolcraft Road and the Point of Beginning, thence N
89°35'59" W 163 93 feet along said South right-of-way line, thence N
00°05'47" W 347 71 feet to the South line of Lot 79 of said Biltmore
Estates Subdivision, thence N 89°40'52" W 30 00 feet along said lot line,
thence N 00°02'08" W 469 95 feet to the North line of Lot 72 of said
Biltmore Estates Subdivision, thence S 55°32'11" E 36 40 feet along said
lot line, thence S 89°32'41" E. 163 93 feet along the North line of said
Biltmore Estates Subdivision, thence S 00°02'44" E 763 07 feet along the
West line of said Biltmore Estates Subdivision, thence S 00°26'13" E
34 00 feet along the West line of said Biltmore Estates Subdivision to the
Point of Beginning Containing 3 316 Acres
31590
PARCEL B.
Lot 75, except the East 30 00 feet thereof, Biltmore Estates Subdivision of
part of the East 1/2 of Section 20, T 1 S , R 9E , City of Livonia, Wayne
County, Michigan, as recorded in Liber 86 of Plats, Pages 20, 21 and 22,
Wayne County Records Containing 7,202 sq ft.
as shown on the map attached to the aforesaid communication which is
made a part hereof by reference, and the City Clerk is hereby requested to
cause a certified copy of this resolution to be recorded in the Office of the
Wayne County Register of Deeds, PROVIDED, HOWEVER, that until a
variance is granted by the Zoning Board of Appeals as to every
nonconforming lot resulting from such split, none of said lots may be sold,
leased or transferred
On a motion by Brosnan, seconded by Vandersloot, it was
#262-99 RESOLVED, that having considered the report and
recommendation of the Committee of the Whole, dated March 31, 1999,
submitted pursuant to Council Resolution 842-98, and a communication
from the City Planning Commission, dated July 24, 1998, which sets forth
its resolution 7-108-98 adopted on July 14, 1998, with regard to Petition
98-6-1-10, submitted by David and Kathleen Johnson and Adam and
Anna Holzhaus for a change of zoning of property located on the south
side of Clarita Avenue between Middlebelt Road and Melvin Avenue in the
Northeast 1/4 of Section 11, from R-5 to R-2, and the Council having
conducted a public hearing with regard to this matter on October 14, 1998,
pursuant to Council Resolution 603-98, the Council does hereby approve
Petition 98-6-1-10 for preparation of the ordinance for submission to
Council, and the City Planner is hereby instructed to cause the necessary
map for publication to be prepared indicating the zoning change herein
approved and to furnish the same to the Department of Law and, upon
receipt of such map, the Department of Law is requested to prepare an
ordinance amending Ordinance 543, as amended, in accordance with this
resolution
A roll call vote was taken on the foregoing resolution with the following result:
AYES Vandersloot, Pastor, Brosnan, Walsh and Engebretson
NAYS Duggan and Laura
The President declared the resolution adopted
On a motion by Duggan, seconded by Laura, and unanimously adopted, it
was
31591
#263-99 RESOLVED, that having considered the report and
recommendation of the Committee of the Whole, dated March 31, 1999,
submitted pursuant to Council Resolution 489-98, with respect to the
matter of block party approval procedures, the Council does hereby
determine to take no further action with respect to this matter
A communication from the Department of Law, dated April 14, 1999, re
proposed procedure for requests for approval of block parties and/or street barricading
was received and placed on file for the information of the Council (CR 489-98)
On a motion by Walsh, seconded by Vandersloot, and unanimously
adopted, it was
#264-99 RESOLVED, that having considered the report and
recommendation of the Legislative Committee, dated April 6, 1999,
submitted pursuant to Council Resolution 310-98, and the report and
recommendation from the Department of Law, dated February 11, 1999,
approved for submission by the Mayor, submitted pursuant to Council
Resolution 511-98, regarding proposed changes to the Board of Trustees
of the Livonia Employees Retirement System to allow a Defined
Contribution Plan member to be eligible for election to same and the
impact of such changes on collective bargaining agreements, the Council
does hereby refer this item to the Department of Law for preparation of
appropriate amendments to Chapter 2 96 (Retirement Plan) of the Livonia
Code of Ordinances, as amended, the same to thereafter be submitted to
Council for its consideration
A communication from the Department of Law, dated February 11, 1999,
re impact of proposed changes to the Board of Trustees of the Livonia Employees
Retirement System (i e , to allow a Defined Contribution Plan member to be eligible for
election to same) upon collective bargaining agreements was received and placed on
file for the information of the Council (CR 511-98)
On a motion by Walsh, seconded by Vandersloot, and unanimously
adopted, it was
#265-99 RESOLVED, that having considered the report and
recommendation of the Legislative Committee, dated April 6, 1999,
31592
submitted pursuant to Council Resolution 310-98, and the report and
recommendation from the Department of Law, dated February 11, 1999,
approved for submission by the Mayor, submitted pursuant to Council
Resolution 511-98, regarding proposed changes to the Board of Trustees
of the Livonia Employees Retirement System to allow a Defined
Contribution Plan member to be eligible for election to same and the
impact of such changes on collective bargaining agreements, the Council
does hereby authorize the City's labor counsel, Mr George Roumell, to
enter into discussions with the City's various union representatives
regarding the proposed amendments to Chapter 2 96 (Retirement Plan) of
the Livonia Code of Ordinances, as amended, as directed by the
Department of Law
On a motion by Walsh, second-.d by Pastor, and unanimously adopted, it
was
#266-99 RESOLVED, that having considered the report and
recommendation of the Legislative Committee, dated April 6, 1999,
submitted pursuant to Council Resolution 63-99, and the report and
recommendation of the Personnel Director, dated January 22, 1999,
approved for submission by the City Attorney and the Mayor, which
transmits a resolution adopted by the Board of Trustees of the Livonia
Employees Retirement System on January 6, 1999, regarding a request
for consideration of an amendment to the Retirement Plan Ordinance to
address the matter of a retiree's status in the retirement system upon re-
employment of the retiree by the City, the Council does hereby refer the
subject of potential liabilities of hiring retirees to the Department of Law for
its report and recommendation
On a motion by Walsh, seconded by Pastor, and unanimously adopted, it
was
#267-99 RESOLVED, that having considered the report and
recommendation of the Legislative Committee, dated April 6, 1999,
submitted pursuant to Council Resolution 63-99, and the report and
recommendation of the Personnel Director, dated January 22, 1999,
approved for submission by the City Attorney and the Mayor, which
transmits a resolution adopted by the Board of Trustees of the Livonia
Employees Retirement System on January 6, 1999, regarding a request
for consideration of an amendment to the Retirement Plan Ordinance to
address the matter of a retiree's status in the retirement system upon re-
employment of the retiree by the City, the Council does hereby refer the
subject of allowing the City to hire its retirees to the Department of Law to
prepare an appropriate ordinance amendment to Chapter 2.96
31593
(Retirement Plan) and/or Chapter 2 97 (Defined Contribution Retirement
Plan) of the Livonia Code of Ordinances, as amended, for submission to
Council
Duggan 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 98-10-1-20)
The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in the
Office of the City Clerk and is the same as if word for word repeated herein The above
Ordinance was placed on the table for consideration at the next regular meeting
On a motion by Brosnan, seconded by Duggan, it was
#268-99 RESOLVED, that having considered a letter from Chuck
Morningstar, dated March 24, 1999, requesting to remove the sidewalk
located in front of his home located at 14957 Santa Anita, off of Five Mile
Road, which has been marked for repair in connection with the 1999
Sidewalk Program, the Council does hereby deny this request.
A roll call vote was taken on the foregoing resolution with the following result:
AYES Vandersloot, Pastor, Duggan, Laura, Brosnan, and Walsh
NAYS Engebretson
The President declared the resolution adopted
A communication from the Engineering Division, dated April 15, 1999, re
additional information on the request of Mr Chuck Morningstar to remove sidewalk at
14957 Santa Anita was received and placed on file for the information of the Council
On a motion by Brosnan, seconded by Laura, and unanimously adopted, it
was
#269-99 RESOLVED, that having considered a letter from Robert
Durivage, received in the Office of the City Clerk on March 31, 1999,
31594
requesting adoption of a resolution in support of the re-legalization of low
power FM radio stations, also known as community radio, in connection
with the "Michigan Music is World Class" campaign, the Council does
hereby refer this item to the Committee of the Whole for its report and
recommendation
On a motion by Vandersloot, seconded by Laura, and unanimously
adopted, it was
#270-99 RESOLVED, that having considered a communication from
the City Assessor, dated March 30, 1999, approved for submission by the
Mayor, with regard to a request from Mr Raymond Hurley, Hurley Homes,
Inc , 32511 NI wfolk, Livonia, Michigan 48152, and in accordance with the
provisions of 1967 PA 288, as amended, as well as Section 18 46 of
Ordinance 543, as amended, the Council does hereby approve of the
proposed division and combination of Tax Item Nos 46 010 01 0005 001
and 46 010 01 0006 001 into three (3) parcels, the legal descriptions of
which shall read as follows
PARCEL A.
Lot 6, except the west 27 00 feet thereof and except the east 80 00 feet
thereof, Folker's Farmington Acres, being a subdivision of part of the
Northwest % of Section 3, T 1 5 , R. 9 E., Livonia Township (now City of
Livonia), Wayne County, Michigan, as recorded in Liber 61 of Plats, Page
90, Wayne County Records More full described as beginning at a
concrete monument on the north line of said Lot 6 which is S 89°53'37" E
27 00 feet from the northwest corner of said Lot 6, thence S 89°53'37" E.
(N 89°59'E recorded) 178 26 feet along the north line of said Lot 6,
thence S 00°03'00" E 80 04 feet to the south line of said Lot 6, thence N
89°54'48" W 178 33 feet along the south line of said Lot 6, thence north
80 10 feet to the Point of Beginning Containing 14,276 sq ft.
PARCEL B.
Lot 5, except the west 27 00 feet thereof and except the east 80 00 feet
thereof, Folker's Farmington Acres, being a subdivision of part of the
Northwest 1/4 of Section 3, T 1 S , R. 9 E , Livonia Township (now City of
Livonia), Wayne County, Michigan, as recorded in Liber 61 of Plats, Page
90, Wayne County Records More fully described as beginning at a point
on the north line of said Lot 5 which is 89°54'48" E 27 00 feet from the
northwest corner of said Lot 5, thence S 89°54'48" E. 178 33 feet along
the north line of said Lot 5, thence S 00°03'00" E 80 05 feet to the south
line of said Lot 5, thence N 89°55'45" W 178 40 feet along the south line
of said Lot 5, thence north 80 10 feet to the Point of Beginning
Containing 14,283 sq ft.
31595
PARCEL C.
The east 80 00 feet of Lot 5 and the east 80 00 feet of Lot 6 of Folker's
Farmington Acres, being a subdivision of part of the Northwest 1/4 of
Section 3, T 1 S R. 9 E., Livonia Township (now City of Livonia), Wayne
County, Michigan More fully described as commencing at a concrete
monument on the north line of said Lot 6 which is S 89°53'37" E. 27 00
feet from the northwest corner of said Lot 6, thence S 89°53'37" E (N
89°59'E. recorded) 178.26 feet along the north line of said Lot 6 to the
Point of Beginning, thence S 89°53'37" E (N 89°59'E recorded) 80 00
feet to the northeast corner of said Lot 6, thence S 00°03'00" E 160 04
feet (160 00 feet recorded) to the southeast corner of said Lot 5, thence N
89°55'45"W 80 00 feet along the south line of said Lot 5, thence N
00°03'00" W 160 09 feet to the Point of Beginning Containing 12,805 sq
ft
as shown on the map attached to the aforesaid communication which is
made a part hereof by reference, and the City Clerk is hereby requested to
cause a certified copy of this resolution to be recorded in the Office of the
Wayne County Register of Deeds
On a motion by Brosnan, seconded by Duggan, it was
RESOLVED, that having considered a communication from
the Department of Law, dated April 5, 1999, approved for submission by
the Mayor, requesting that Section 18 50D(n)2 and 9 be amended to
delete these sections pertaining to political signs, as well as requesting an
amendment to Section 18 50K(b)6 regarding changes to the face of any
sign or in the colors, words or symbols used therein, the Council does
hereby refer this item to the Legislative Committee for its report and
recommendation
A roll call vote was taken on the foregoing resolution with the following result:
AYES Duggan and Brosnan
NAYS Vandersloot, Pastor, Laura, Walsh and Engebretson
The President declared the resolution denied
On a motion by Laura, seconded by Vandersloot, and unanimously
adopted, it was
#271-99 RESOLVED, that having considered a communication from
the Department of Law, dated April 5, 1999, approved for submission by
the Mayor, requesting that Section 18 50D(n)2 and 9 be amended to
31596
delete these sections pertaining to political signs, as well as requesting an
amendment to Section 18 50K(b)6 regarding changes to the face of any
sign or in the colors, words or symbols used therein, the Council does
hereby refer this item to the Department of Law to prepare appropriate
ordinance amendments to Sections 18 50D and 18 50K of Zoning
Ordinance No 543, as amended, for submission to Council
A communication from the Department of Law, dated April 20, 1999, re
additional information re Sign Ordinance amendments was received and placed on file
for the information of the Council
On a motion by Laura, seconded by Pastor, it was
#272-99 RESOLVED, that having considered a communication from
the City Planning Commission, dated April 1, 1999, which transmits its
resolution 3-55-99, adopted on March 23, 1999, with regard to Petition 99-
3-8-11, submitted by Ledy Design Group (Big Boy), requesting site plan
approval in connection with a proposal to add a new front entrance façade
to the restaurant located at 37123 Six Mile Road in the Northwest 1/4 of
Section 17, pursuant to the provisions set forth in Section 18 58 of
Ordinance No 543, as amended, the Council does hereby rcfer this
matter to the Committee of the Whole for its report and recommendation
A roll call vote was taken on the foregoing resolution with the following result:
AYES Vandersloot, Pastor, Laura, Brosnan, Walsh, and Engebretson
NAYS Duggan
The President declared the resolution adopted
A communication from the Department of Finance, dated April 7, 1999, re
delinquent accounts receivable balance for Big Boy Restaurant, located at 37123 Six
Mile Road, was received and placed on file for the information of the Council
A communication from the Department of Law, dated April 20, 1999, re
the site plan submitted by Ledy Design Group in connection with a proposal to add a
new entrance façade to the Big Boy restaurant located at 37123 Six Mile Road was
received and placed on file for the information of the Council (Petition 99-3-8-11)
31597
On a motion by Brosnan, seconded by Pastor, and unanimously adopted,
it was
#273-99 RESOLVED, that having considered a communication from
the City Planning Commission, dated March 15, 1999, which transmits its
resolution 12-213-98 adopted on December 15, 1998, with regard to an
Application for Greenbelt Review and Approval submitted by Mafalda
Soave, requesting approval to substitute a greenbelt for the protective wall
for the Westmore Plaza located at 33242-33260 Seven Mile Road in the
Southwest 1/4 of Section 3, pursuant to the provisions set forth in Section
18 45 of Ordinance No 543, as amended, the Council does hereby
determine to take no further action with respect to this matter
A communication from Mr and Mrs Heath, 19114 Westmore, dated April
15, 1999, re forwarding various photographs and requesting denial of the request to
substitute a greenbelt for the protective wall at the Westmore Plaza (33242-33260
Seven Mile) was received and placed on file for the information of the Council
A commu.:ication from the Inspection Department, dated April 1, 1999, re
the request of Mafalda Soave to substitute a greenbelt for a protective wall at property
located at 33242-33260 Seven Mile Road was received and placed on file for the
information of the Council
A communication from Angela S Kelley, Property Manager for the
Westmore Plaza, dated April 21, 1999, re withdrawing the application for greenbelt
review for property located at 33242-33260 Seven Mile Road was received and placed
on file for the information of the Council
On a motion by Brosnan, seconded by Laura, it was
#274-99 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 117 13 acres lying in
31598
the North 1/2 of Section 25, 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 72", and
WHEREAS, written notice has been given by certified mail to Ashley
Capital (Ashley Livonia, L L C ), Millennium Park, L L.0 , and Ladbroke
Land Co 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 72, 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 72, and
WHEREAS, on Monday, April 12, 1999, a public hearing was held on the
establishment of proposed City of Livonia Industrial Development District
No 72, at which time Ashley Capital (Ashley Livonia, L.L.0 ) 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 Ashley
Capital (Ashley Livonia, L.L.0 ) 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 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 72 "
EXHIBIT A
A part of the North % of Section 25, T 1S , R 9E , City of Livonia,
Wayne County, Michigan, described as commencing at the northwest
corner of said Section 25, thence S 01°54'43" E along the west line of
said section and nominal centerline of Middlebelt Road, 362 59' to a point
on southerly right-of-way of Schoolcraft Road/I-96 (variable width), thence
along said right-of-way the following 6 courses N 88°05'17" E. 70 00', N
20°34'19" E 65 55', N 65°30'34" E 63 70', N 88°00'00" E 128 22', N
84°56'42" E 1085 07', N 84°20'12" E 461 75' to the Point of Beginning,
thence continuing along said southerly right-of-way the following 5
courses. N 84°20'12" E. 123 77', N 79°48'23" E 151 59', N 84°20'12" E
652 37', N 88°18'06" E 598 25', S 88°13'33" E 383 70', thence S
31599
02°08'02" E 326 39' to a point of curvature, thence along said curve to the
left, a radius of 240 00', central angle of 52°08'46", arc distance of 218 43',
and chord bearing of S 28°12'25" E , 210 97' to a point of curvature,
thence along said curve to the right, a radius of 295 00', central angle of
21°51'05", arc distance of 112 51', and chord bearing S 43°21'16" E
111 83', thence N 87°51'58" E. 72 59', thence S 02°08'02" E 1801 17' to
a point on the northerly right-of-way of the C & 0 Railroad (width varies),
thence along said northerly right-of-way the following 2 courses S
86°07'57" W 1323 32', S 88°10'37" W 822 03', thence N 02°08'08" W
2398 42' to the Point of Beginning Containing 117 13 acres (5,102,377
sq ft.) and subject to easements and restrictions of record, if any
A roll call vote was taken on the foregoing resolution with the following result:
AYES Vandersloot, Pastor, Laura, Brosnan, Walsh and Engebretson
NAYS Duggan
The President declared the resolution adopted
On a motion by Brosnan, seconded by Laura, it was
Resolution No 275-99
CITY OF LIVONIA
COUNTY OF WAYNE, MICHIGAN
A RESOLUTION GRANTING THE "SPECULATIVE
BUILDING" DESIGNATION TO ASHLEY
CAPITOL'S (ASHLEY LIVONIA, L.L.C ) FACILITIES
LOCATED AT THE S E CORNER OF
SCHOOLCRAFT AND MIDDLEBELT ROADS IN
THE CITY OF LIVONIA, MICHIGAN PURSUANT
TO AND IN ACCORDANCE WITH ACT 198 OF
THE PUBLIC ACTS OF 1974, AS AMENDED
WHEREAS, the City Council of the City of Livonia has established an
Industrial Development District, pursuant to the provisions of Act No 198
of the Public Acts of 1974, as amended, (the "Act") encompassing land
situated in the City of Livonia and comprised of an area of approximately
117 13 acres lying in the North 1/2 of Section 25, more particularly
described in Exhibit A, attached hereto and incorporated by reference
herein, which area is referred to as "City of Livonia Industrial Development
District No 72," and
WHEREAS, the City of Livonia has received a request from Ashley
Capital (Ashley Livonia, L.L.0 ) for a "Speculative Building in Units"
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designation pursuant to the Act for facilities which are being constructed
within said Industrial Development District; and
WHEREAS, the City wishes to preserve its right to induce qualified
manufacturers to locate in the City of Livonia at said facilities by offering
the opportunity for tax abatement under the Act; and
WHEREAS, the granting of said designation will under the Act allow the
City of Livonia to consider future applicants the granting of tax abatement
for such qualified manufacturers as may purchase or become tenants of
the facility;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF LIVONIA AS
FOLLOWS
1 The City of Livonia hereby grants to the industrial facilities
(Buildings 3 and 4) located at the Southeast corner of Schoolcraft
and Middlebelt Roads in the City of Livonia, Michigan, pursuant to
the authority delegated to the City of Livonia under Act 198 of 1974,
as amended, the "Speculative Building In Units" designation
2 The City of Livonia accepts the preliminary division of these
facilities into thirty-n.ne (39) units identified as follows
Building 3 Building 4
Unit#1 21,000 s f 27,000 s.f
Unit #2 21,000 s f 27,000 s f
Unit #3 21,000 s f 27,000 s f
Unit #4 21,000 s f 27,000 s f
Unit#5 21,000 s f 27,00u s f
Unit #6 21,000 s f 27,000 s f
Unit#7 21,000 s f 27,000 s f
Unit #8 21,000 s f 27,000 s f
Unit #9 21,000 s.f 27,000 s f
Unit #10 22,875 s f 27,000 s f
Unit#11 22,875 s f 27,000 s f
Unit #12 21,000 s f 27,000 s f
Unit#13 21,000 s f
Unit #14 21,000 s f
Unit #15 21,100 s.f
Unit#16 21,100 s f
Unit #17 39,000 s f
Unit #18 39,000 s f
Unit #19 39,000 s f
Unit #20 42,125 s f
Unit #21 39,625 s f
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Unit #22 39,000 s f
Unit #23 39,000 s f
Unit #24 39,000 s f
Unit #25 39,000 s f
Unit#26 39,000 s f
Unit #27 39,000 s f
which units are depicted on the attached sketch incorporated herein
3 Ashley Capital (Ashley Livonia, L L C ) may assemble one or more
of said units into larger units or single unit for sale or lease to a
qualified manufacturer or manufacturers as same is defined in Act
198 of 1974, as amended
4 The granting of the "Speculative Building in Units" designation for
the facilities does not create any vested right on the part of Ashley
Capital (Ashley Livonia, L.L.0 ), its successors in interests or any
tenants of the facilities to receive tax abatement as provided under
Act 198 of 1974, as amended, the designation being granted to
preserve the opportunity for future qualified manufacturer or
manufacturers under said Act to submit an application(s) to the City
of Livonia requesting tax abatement under said Act.
5 The City Clerk is hereby directed to forward a certified copy of this
resolution to the State Tax Commission for the State of Michigan
EXHIBIT A
A part of the North 1/2 of Section 25, T 1 S , R 9E , City of Livonia,
Wayne County, Michigan, described as commencing at the northwest
corner of said Section 25, thence S 01°54'43" E along the west line of
said section and nominal centerline of Middlebelt Road, 362 59' to a point
on southerly right-of-way of Schoolcraft Road/I-96 (variable width), thence
along said right-of-way the following 6 courses N 88°05'17" E. 70 00', N
20°34'19" E 65 55', N 65°30'34" E 63 70', N 88°00'00" E 128 22', N
84°56'42" E 1085 07', N 84°20'12" E 461 75' to the Point of Beginning,
thence continuing along said southerly right-of-way the following 5
courses N 84°20'12" E 123 77', N 79°48'23" E 151 59', N 84°20'12" E
652 37', N 88°18'06" E 598 25', S 88°13'33" E 383 70', thence S
02°08'02" E 326 39' to a point of curvature, thence along said curve to the
left, a radius of 240 00', central angle of 52°08'46", arc distance of 218 43',
and chord bearing of S 28°12'25" E , 210 97' to a point of curvature,
thence along said curve to the right, a radius of 295 00', central angle of
21°51'05", arc distance of 112 51', and chord bearing S 43°21'16" E.
111 83', thence N 87°51'58" E 72 59', thence S 02°08'02" E 1801 17' to
a point on the northerly right-of-way of the C & 0 Railroad (width varies),
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thence along said northerly right-of-way the following 2 courses S
86°07'57" W 1323 32', S 88°10'37" W 822 03', thence N 02°08'08" W
2398 42' to the Point of Beginning Containing 117 13 acres (5,102,377
sq ft.) and subject to easements and restrictions of record, if any
A roll call vote was taken on the foregoing resolution with the following result:
AYES Vandersloot, Pastor, Laura, Brosnan, Walsh and Engebretson
NAYS Duggan
The President declared the resolution adopted
On a motion by Vandersloot, st)conded by Brosnan, and unanimously
adopted, it was
#276-99 RESOLVED, that having considered the report and
recommendation of the Director of Finance, dated April 5, 1999, approved
for submission by the Mayor, with respect to audit reports of the City of
Livonia (Financial Report with Additional Information dated November 30,
1998), for District Court Funds of District No 16 of the City of Livonia
(Financial Report with Additional Information dated November 30, 1998),
for the Economic Development Corporation of the City of Livonia
(Financial Report dated November 30, 1998) and for the Federal Awards
of the City of Livonia (Supplemental Information dated November 30,
1998), the Council does hereby refer this item to the Finance, Insurance
and Budget Committee for its report and recommendation
On a motion by Duggan, seconded by Brosnan, and unanimously
adopted, it was
#277-99 RESOLVED, that having considered a communication from
the City Librarian, dated March 29, 1999, which bears the signature of the
Director of Finance and is approved for submission by the Mayor, the
Council does, for and on behalf of the City of Livonia, accept donations in
the amount of $75,604 00 from the contributors set forth in the attachment
for use as indicated in the attachment; FURTHER, the Council does
hereby accept the gift of a new computer and 85 CDs from the Western
Wayne County Genealogical Society for genealogical research at the Civic
Center Library; FURTHER, the amount of $1,320 00 is to be deposited to
and credited to Account No 702-000-285-271 for the purpose as
designated by the donor, and the amount of$8,000 00 is to be deposited
in and credited to Account No 271-000-691-110 for library collection
development.
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A communication from Thomas J Hagan, Jr , dated April 9, 1999, re
tendering his resignation from the Zoning Board of Appeals effective April 16, 1999, was
received and placed on file for the information of the Council
On a motion by Laura, seconded by Pastor, and unanimously adopted, it
was
#278-99 RESOLVED, that pursuant to Section 21 02 of the Zoning
Ordinance of the City of Livonia, Ordinance No 543, as amended, and
Section 5 of Act 207 of the Public Acts of Michigan of 1921, as .amended,
Frank J Kokenakes, 18576 Mayfield, Livonia, Michigan 48152, is hereby
appointed to the Zoning Board of Appeals effective April 16, 1999, to fill
the unexpired term of Thomas J Hagan, ending July 12, 2000, with all the
authority and duties as set forth in the said Zoning Ordinance and Act 207,
and further provided that he takes the Oath of Office as required in
Chapter X, Section 2 of the City Charter, to be administered by the Office
of the City Clerk.
Frank Kokenakes thanked Councilmember Laura for the appointment and expressed
his willingness to serve on the Zoning Board of Appeals
On a motion by Duggan, seconded by Laura, and unanimously adopted, it
was
#279-99 RESOLVED, that the Council does hereby suspend their
rules for procedure as outlined in Council Resolution 574-82 so as to
permit consideration of items that do not appear on the agenda
On a motion by Duggan, seconded by Laura, it was
#280-99 RESOLVED, that having considered a communication from
the Department of Law, dated April 15, 1999, approved for submission by
the Mayor, the Council does hereby, by a two-thirds roll call vote in
accordance with Section 7(1) of the Open Meetings Act, direct that a
closed Committee of the Whole meeting be held Monday, April 26, 1999,
at 7 00 p m for the purposes of discussing litigation matters and
attorney/client privileged communications in connection with pending
litigation regarding THB Building & Development Co. v City of Livonia, et
al
A roll call vote was taken on the foregoing resolution with the following result:
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AYES Vandersloot, Pastor, Duggan, Laura, Brosnan, Walsh and
Engebretson
NAYS None
The President declared the resolution adopted
On a motion by Brosnan, seconded by Duggan, and unanimously
adopted, it was
#281-99 RESOLVED, that having considered a communication from
the Personne& Director, dated April 8, 1999, approved for submission by
the Mayor, and a subsequent communication from the Personnel Director
dated April 16, 1999, which bears the signature of the Director of Finance
and is approved for submission by the Mayor, and which transmits a
resolution adopted by the Civil Service Commission on April 16, 1999,
wherein the Commission has approved the proposed contract to be
entered into between the City of Livonia and the Livonia Police Officers
Association for the period December 1, 1997 through November 30, 2006,
the Council does hereby refer this item to the Committee of the Whole for
its report and recommendation
During audience communication, Nancy Heath, 19114 Westmore, asked
for clarification re Agenda Item #34 (the request to substitute a greenbelt for the
protective wall for the Westmore Plaza)
On a motion by Duggan, seconded by Walsh, and unanimously adopted,
this 1,391st Regular Meeting of the Council of the City of Livonia was adjourned at 9 12
p m , April 21, 1999
J McCotter, City Clerk