HomeMy WebLinkAboutCOUNCIL MINUTES 1999-02-10 31428
MINUTES OF THE ONE THOUSAND THREE HUNDRED AND EIGHTY-SIXTH
REGULAR MEETING OF THE COUNCIL OF THE CITY OF LIVONIA
On February 10, 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 Pastor delivered the invocation
Roll was called with the following result: John R. Pastor, Brian Duggan,
Joe Laura, Maureen Miller Brosnan, John J Walsh, Val I Vandersloot, and Jack
Engebretson Absent: None
Elected and appointed officials present: Jack E. Kirksey, Mayor; John
Nagy, City Planner; Robert J Schron, City Engineer; Sean P Kavanagh, City Attorney;
Joan McCotter, City Clerk; Karen A. Szymula, Director of Legislative Affairs, Mary
Rutan, Personnel Director; and Ian Wilshaw, Traffic Commission
On a motion by Duggan, seconded by Brosnan, it was
#55-99 RESOLVED, that the minutes of the 1,385th Regular Meeting
of the Council of the City of Livonia, held January 27, 1999, are hereby
approved as submitted
A roll call vote was taken on the foregoing resolution with the following result:
AYES Duggan, Laura, Brosnan, Walsh, Vandersloot, and Engebretson
NAYS None
PRESENT Pastor
The President declared the resolution adopted
No one from the audience spoke during the audience communication
portion of the meeting
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Mayor Kirksey asked the viewing audience for a moment of silent prayer
for Ford Rouge burn victim Chris Getts The Mayor announced that the City will be
sponsoring a blood drive at the Civic Center Library on April 1, 1999 to help acquire the
blood needed for the recuperation of those burn victims
Councilmember Brosnan congratulated Councilmember Duggan on the
successful fund-raiser he organized on behalf of First Step Over $20,000 was raised
Council Vice President Walsh corrected a prior statement he made with
respect to the Planning Commission public hearing on the proposed Child Day-Care
Ordinance That public hearing will take place on March 23, 1999, not in February as
he previously stated
Additionally, Council President Engebretson announced that the Mayor's
"State of the City" address will take place on Thursday, February 11, 1999 commencing
at 11 30 a m at Laurel Manor
A communication from the Engineering Division, dated February 4, 1999,
re status of the Whispering Pines Site Condominium Subdivision (Pines of Winfield)
was received and placed on file for the information of the Council (CR 786-98)
On a motion by Brosnan, seconded by Duggan, it was
#56-99 RESOLVED, that having considered a letter from the
President of the Livonia Anniversary Committee, Inc , dated January 19,
1999, which submits a request for approval of the following items
1 The issuance of a permit to Pugh Shows to conduct carnival
amusement rides at Henry Ford Field as part of this year's SPREE
'49 Celebration, on June 22, 23 and 24, 1999, from 2 00 p m to
midnight and on June 25, 26 and 27, 1999, from 12 00 noon to
midnight;
2. Authorization of the Anniversary Committee to conduct a fireworks
display at Veterans' Park to be held on Sunday, June 27, 1999, at
10 00 p m , which display will be fired by American Fireworks, Inc.,
subject to providing liability insurance for this event and subject to
the City of Livonia and the Livonia Anniversary Committee, Inc
being designated as additional insured on their policy;
3 Authorization of the Livonia Anniversary Committee to use and/or
lease the facilities at Henry Ford Field, Veterans' Park and the
Eddie Edgar Arena during the period of the SPREE '49 celebration
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in accordance with the fees/waivers grid for events co-sponsored
by the City of Livonia, and
4 A waiver of all fees prescribed by ordinance or law with respect to
Item 2 above, as well as a waiver of all vendors' license fees for
community organizations and/or groups authorized to participate in
SPREE '49 by the Anniversary Committee,
the Council does hereby concur in and approve the foregoing requests,
and the City Clerk and all other appropriate City officials and agencies are
hereby requested to do all things necessary or incidental to the full
performance of this resolution
#57-99 RESOLVED, that having considered a letter from the
President of the Livonia Anniversary Committee, Inc , dated January 19,
1999, wherein it is requested that the following City streets be closed to
through traffic from 8 00 a.m on June 21, 1999, through 12.00 noon on
June 28, 1999 (Monday through Monday)
Stark Road from the Family Y, 14255 Stark to Lyndon
Lyndon from Farmington Road to Stark Road
the Council does hereby ;oncur in and grant this request in the manner
and form herein submitted, FURTHER, the Council does hereby request
that Farmington Road be closed from Five Mile Road to Schoolcraft Road
on June 27, 1999, between the hours of 8 00 p m and 11 30 p m or until
the road is returned to normal traffic operation in connection with the
annual SPREE fireworks display, and does hereby authorize the City of
Livonia to assume liability for any damage claims which may arise as a
result of the road closure, and that Lieutenant Kevin Dawley is hereby
designated and authorized to sign the road closure permit on behalf of the
City of Livonia, the action taken herein being made subject to the approval
of the Police Department, Fire Department and Wayne County; and to the
extent possible, SPREE is requested, in conjunction with the Police
Department, to do all things necessary to alleviate traffic problems for the
residents of Stoneleigh Village Subdivision during the 1999 Anniversary
Celebration
#58-99 RESOLVED, that having considered a request from
Councilmember Maureen Miller Brosnan, on behalf of Rich Skaggs,
President of the Livonia Anniversary Committee, Inc., the Council does
hereby approve of the request from the Livonia Anniversary Committee,
Inc for permission to display banners advertising SPREE '49 on
Farmington Road and Five Mile Road from June 1, 1999, through June
28, 1999, and to display 4' x 8' signs at City Hall and Ford Field from June
1, 1999, through June 28, 1999, at no additional cost to SPREE, and the
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City Clerk and all other appropriate City officials and agencies are hereby
requested to do all things necessary or incidental to the full performance
of this resolution
41fte #59-99 RESOLVED, that pursuant to the provisions of Section 5,
Chapter VIII of the Charter of the City of Livonia, and based upon the
appointment of the Mayor, dated January 5, 1999, the Council does
hereby consent to and confirm the appointment of Barbara M
Komarynski, 29490 Robert Drive, Livonia, Michigan 48150, to the Board of
Review for a term of three years commencing February 17, 1999, and
expiring February 16, 2002, provided that Ms Komarynski takes the Oath
of Office as required in Chapter X, Section 2 of the City Charter, to be
administered by the City Clerk.
#60-99 RESOLVED, that having considered a communication from
the Mayor, dated January 22, 1999, concerning the reappointment of Lora
Weingarden, and pursuant to Section 2.200 070 of the Livonia Code of
Ordinances, as amended, the Council does hereby consent to and confirm
the reappointment of Lora Weingarden, 32941 Southgate, Livonia,
Michigan 48152, to the Board of Ethics for a three year term commencing
March 1, 1999 and expiring March 1, 2002
#61-99 RESOLVED, that having considered the repert and
recommendation of the Chairman of the Livonia Arts Commission and the
Director of Community Resources, dated January 14, 1999, which bears
the signature of the Director of Finance and is approved for submission by
the Mayor, and to which is attached a proposed Agreement to Lend
Artifact, the term of which shall be for a ten year period, the Council does
hereby request and authorize the Mayor and City Clerk to execute the said
agreement for and on behalf of the City of Livonia with Madonna
University in the manner and form herein submitted, subject to approval as
to form by the Department of Law
#62-99 RESOLVED, that having considered a communication from
the Personnel Director, dated January 22, 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 January 14, 1999, wherein the Commission has recommended
approval of increases in the hourly wage for the classifications of High
School Co-op Trainee, Seasonal Laborer I and Seasonal Laborer II,
effective February 24, 1999, which rate increases are as follows.
Classification Current Wage Rate Proposed Wage Rate
High School Co-Op Trainee $4 50 $5 50
Seasonal Laborer I (15t season) 6 45 9 00
Seasonal Laborer I (2nd season) 6 95 9 25
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Seasonal Laborer II (1st season) 6 95 9 25
Seasonal Laborer II (2nd season) 7 45 9 50
the Council does hereby concur in and approve of the aforesaid action
#63-99 RESOLVED, that having considered the report and
recommendation of the Personnel Director, dated January 22, 1999,
approved for submission by the City Attorney and the Mayor, and 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 this
matter to the Legislative Committee for its report and recommendation
#64-99 RESOLVED, that having considered a communication from
the Department of Law, dated January 14, 1999, which bears the
signature of the Director of Finance, is approved by the Director of Public
Works and the City Engineer, and is approved for submission by the
Mayor, the Council does hereby accept the proposal submitted by Fink,
Zausmer & Kaufman, 31700 Middlebelt Road, Suite 150, Farmington Hills,
Michigei 48334, for performing legal services in connection with the
presence of refuse encountered during the beginning phases of the
Glendale Avenue Utility Extension Project (Contract 98-F), previously
authorized in Council Resolution 599-98, in an amount not to exceed
$3,000 00 for the basic scope of work; FURTHER, the Council does
hereby appropriate and authorize the expenditure of a sum not to exceed
$3,000 00 from the Unexpended Fund Balance of the Refuse Fund for this
purpose, FURTHER, the Mayor and City Clerk are hereby authorized to
execute any agreement which may be required in this regard for and on
behalf of the City of Livonia with the aforesaid firm and to do all other
things necessary or incidental to the full performance of this resolution,
FURTHER, the Council does hereby authorize the action herein without
competitive bidding for the reasons indicated in the aforesaid
communication, and such action is taken in accordance with the
provisions set forth in Sections 3 04 140A and 3 04 140D1 and D2 of the
Livonia Code of Ordinances, as amended
#65-99 RESOLVED, that having considered the report and
recommendation of the Department of Law, dated January 21, 1999,
which bears the signature of the Director of Finance, is approved by the
Department of Public Works and is approved for submission by the Mayor,
regarding the proposed extension of the lease of the City Landfill site by
Peter Basile & Sons, Inc on a month-to-month basis, the Council does
hereby authorize the lease of a portion of the City Landfill site to Peter
Basile & Sons, Inc., P 0 Box 532530, Livonia, Michigan 48153, on a
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month-to-month basis with a six-month notice to terminate at a rental rate
of$500 00 per month, with offsets allowed to tenant for use of its
equipment by the City of Livonia at an hourly rate to be determined by the
Director of Public Works, and the Mayor and City Clerk are hereby
authorized to execute a lease agreement for and on behalf of the City of
Livonia with the aforesaid company and to do all other things necessary or
incidental to the full performance of this resolution
A communication from the Department of Law, dated January 25, 1999,
re administrative response to CR 3-99 — appraisal of City-owned property located at
31602 Plymouth Road, prepared by Charles W Allen, Jr , MAI, dated January 22, 1999
—was received and placed on file for the information of the Council
#66-99 RESOLVED, that having considered a communication from
the Department of Law, dated January 25, 1999, approved for submission
by the Mayor, submitted pursuant to Council Resolution 3-99, transmitting
an appraisal of the City-owned property located at 31602 Plymouth Road,
the Council does hereby authorize the Department of Law to commence
negotiations with the Plymouth Road Development Authority for the
purchase of City-owned property located ut 31602 Plymouth Road
(Sidwell No 108-99-0050-000) in the Southeast 1/4 of Section 27, and
does further request that the Department of Law thereafter submit its
report and recommendation to Council
#67-99 RESOLVED, that having considered the report and
recommendation of the Director of Public Works and the City Engineer,
dated December 29, 1998, which bears the signature of the Director of
Finance, is approved by the Chairman of the Water and Sewer Board and
is approved for submission by the Mayor, with regard to the street
improvement of Laurel Avenue from Curtis Avenue to Seven Mile Road
located in the Northwest 1/4 of Section 9, the Council does hereby
determine that based upon actual costs certain deficiencies do exist, and
pursuant to provisions set forth in Section 3 08 270 of the Livonia Code of
Ordinances, as amended, that Special Assessment District No 392 shall
be revised and amended in accordance with the revised assessment roll
attached to the aforesaid communication so as to revise the original
assessment rate of$19 00 per foot to a new assessment rate of$19 44
per foot, which rate will reflect actual costs incurred for this project, and so
as to revise the total assessment as set forth in the confirmed assessment
roll for S.A.D No 392 from $95,029 07 to $97,229 74, FURTHER, the
Council does hereby authorize the City Assessor to increase the
assessments in the total amount of $13,370 40 for parcels listed in
Attachment III of the aforesaid communication, so as to include the cost of
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additional work requested by property owners within the assessment
district; FURTHER, the Council does hereby establish the final project cost
at $446,668 91, of which $110,600 14 shall be charged to the special
assessment district and $336,068 77 shall be the City's share, FURTHER,
the Council does hereby authorize an expenditure in the amount of
$446,668 91 for this purpose, of which $242,627 80 shall be from the $5
Million Water Bond Issue, $76,308 14 from Water and Sewer Fund No
592 (Resolution #WS 3254 12/98), $17,132 83 from the Michigan
Transportation Fund (Local Road Account) receipts and $110,600 14 from
the General Obligation Road Improvement Bond Issue with the provision
that the General Obligation Road Improvement Bond Issue be reimbursed
at such time as funds are available from the next Special Assessment
Paving Bond Issue
#68-99 RESOLVED, that having considered a communication from
the City Engineer, dated January 21, 1999, approved by the Director of
Public Works, and approved for submission by the Mayor, to which is
attached a list of sidewalks requiring installation or replacement within
miscellaneous locations throughout the City of Livonia, said list being
included herein by reference, and for the reasons stated, the Council does
hereby require the respective owners of lots and premises referred to in
said list to install or to remove and replace sidewalk at such premises, and
the City Clerk is hereby requested to do all things necessary to carry out
the provisions of this resolution which is made pursuant to Title 12,
Section 340 of the Livonia Code of Ordinances, as amended, FURTHER,
said notice shall set forth that the respective owners of lots and premises
herein referred to shall complete said sidewalk work no later than June 1,
1999, after which date the Engineering Division shall arrange for the
construction and/or reconstruction of the said sidewalks, FURTHER, the
Council does hereby authorize the construction and/or reconstruction of
various sections of sidewalks and crosswalks at several locations within
the City inasmuch as the same are the City's responsibility; and
FURTHER, the Engineering Division is hereby authorized to finalize plans
and specifications and arrange for the taking of bids for the 1999 Sidewalk
Program, which program will include all required work that has not been
completed by private property owners by June 1, 1999
#69-99 RESOLVED, that having considered a communication from
the City Planning Commission, dated January 19, 1999, which transmits
its resolution 1-12-99 adopted on January 12, 1999, with regard to Petition
99-1-8-4 submitted by Fulcrum Real Estate requesting site plan approval
in connection with a proposal to add windows and repaint a commercial
building located at 33326 Seven Mile Road in the Southwest 1/4 of
Section 3, pursuant to the provisions set forth in Section 18 47 of
Ordinance No 543, as amended, the Council does hereby concur in the
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recommendation of the Planning Commission and Petition 99-1-8-4 is
hereby approved and granted, subject to the following condition
That the Exterior Building Elevation Plan, as received by the
Planning Commission on December 21, 1998, is hereby approved
and shall be adhered to
#70-99 RESOLVED, that in accordance with the provisions set forth
in Section 4 of Act 207 of the Public Acts of Michigan of 1921, as
amended, the City Zoning Act (MSA 5 2934, MCLA 125 584), as well as
Article XXIII of Ordinance 543, as amended, the Zoning Ordinance of the
City of Livonia, the Council does hereby determine that a public hearing
will take place before the City Council of the City of Livonia on Monday,
March 22, 1999, at 7 00 p m at the City Hall, 33000 Civic Center Drive,
Livonia, Michigan, with respect to the following items
(1) Petition 99-1-1-1, submitted by Phoenix Land Development, for a
change of zoning of property located on the east side of Farmington
Road between Plymouth Road and Capitol Avenue in the
Southwest 1/4 of Section 27, from C-2 and M-1 to R-811, the City
Planning Commission in its resolution 1-18-99 having
recommended to the City Council that Petition 99-1-1-1, as
amended, be app•oved,
(2) Petition 98-11-1-21, submitted by Steak N Shake, Inc , for a change
of zoning of property located on the east side of Middlebelt Road,
north of Six Mile Road in the Southwest 1/4 of Section 12, from AG
and C-1 to C-2, the City Planning Commission in its resolution 1-
15-99 having recommended to the City Council that Petition 98-11-
1-21 be denied, and
(3) Petition 98-11-1-22, submitted by Leo Soave, for a change of
zoning of property located on the east side of Levan Road between
Plymouth Road and Elmira Avenue in the Northeast 1/4 of Section
32, from C-2 to R-1, the City Planning Commission in its resolution
1-16-99 having recommended to the City Council that Petition 98-
11-1-22 be approved,
FURTHER, the City Clerk is hereby requested to, no less than fifteen (15)
days prior to the aforesaid date of said public hearing, cause to have a
statement indicating the (a) nature of the proposed amendments to the
Zoning Ordinance, and/or (b) location of the proposed changes of zoning
as set forth above, first to be published in the official newspaper of the City
or a newspaper of general circulation in the City of Livonia as well as to,
not less than fifteen (15) days prior to said public hearing, cause to have
notice to be given by certified mail to each public utility company and to
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each railroad company owning or operating any public utility or railroad
within the districts or zones affected, and FURTHER, the City Clerk is
requested to do all other things necessary or incidental to the full
performance of this resolution
#71-99 RESOLVED, that having considered a communication dated
January 21, 1999, from Architectural Design & Construction, which in
accordance with the provisions of Section 19 08 of Ordinance No 543, as
amended, the Zoning Ordinance, takes an appeal from a determination
made on January 12, 1999, by the City Planning Commission in its
resolution 1-10-99, adopted on January 12, 1999, with regard to a revision
to Petition 97-8-8-21 submitted by Architectural Design & Construction
requesting approval of all plans required for the construction of a trash
dumpster enclosure to be located at 29401 Seven Mile Road in the
Northeast 1/4 of Section 11, the Council does hereby designate Monday,
March 22, 1999, at 7 00 p m as the date and time for conducting a public
hearing with regard to this matter, such hearing to be held at the City Hall,
33000 Civic Center Drive, Livonia, Michigan, and the City Clerk is hereby
requested to do all things necessary in order to give proper notice in
writing, as well as by the publication of a notice in the City's official
newspaper of such hearing and the date and place thereof, in compliance
with the requirements set forth in Ordinance No 543, as amended, the
Zoning Ordinance of the City of Livonia
A roll call vote was taken on the foregoing resolutions with the following result:
AYES Pastor, Duggan, Laura, Brosnan, Walsh, Vandersloot, and
Engebretson
NAYS None
A revised lease agreement, prepared by the Department of Law, with
respect to the lease of the City Landfill site by Peter Basile & Sons, Inc , was received
and placed on file for the information of the Council (Consent Agenda Item #10)
A communication from the Engineering Division, dated February 2, 1999,
re additional information on the final cost for the Laurel Avenue street improvement
(SAD No 392) was received and placed on file for the information of the Council
(Consent Agenda Item #12)
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A communication from Robert Schrader, 9912 Mayfield, dated February 9,
1999, re Petition 99-1-1-1 by Phoenix Land Development to rezone property on the
east side of Farmington between Plymouth Road and Capitol Avenue was received and
placed on file for the information of the Council (Consent Agenda Item #15a)
Duggan left the podium at 8 15 p m due to a conflict of interest on the next matter
On a motion by Laura, seconded by Walsh, it was
#72-99 RESOLVED, that having considered the report and
recommendation of the Streets, Roads, and Plats Committee, dated
January 26, 1999, submitted pursuant to Council Resolution 785-98, and a
communication from the City Planning Commission, dated October 1,
1998, which transmits its resolution 9-162-98, adopted on September 29,
1998, with regard to Petition 98-9-8-29, submitted by Darmik, Inc.,
requesting Master Deed, Bylaws and Site Plan approval in connection with
a proposal to construct the Whispering Pines Site Condominium
Subdivision on property located at 35345 Seven Mile Road in the
Northwest 1/4 of Section 9, pursuant to the provisions set forth in Section
18 62 c"Ordinance No 543, as amended, the Council does hereby concur
in the recommendation of the Planning Commission and Petition 98-9-8-
29 is hereby approved and granted, subject to the following conditions.
1 That the Master Deed complies with the requirement of the
Subdivision Control Ordinance, Title 16, Chapter 16 04-16 40 of the
Livonia Code of Ordinances, and Article XX of Ordinance No 543,
Section 20 01-20 06 of the ordinance, except the following shall be
incorporated
That the first floor of each condominium unit shall be brick or stone,
on all four sides, and the total amount of brick or stone on each
two-story colonial or cape cod unit shall not be less than 75%, with
full brick chimney, and the total amount of brick or stone on each
one-story ranch style home shall not be less than 80%, with full
brick chimney; and square foot minimums of usable living space
shall be 3,000 for two-story colonials, 2,800 for two-story cape cods
and 2,300 for one-story ranch style homes, and sidewalks and
street lights shall be mandatory; FURTHER, that each home shall
be built with no less than a two and one-half car garage, and the
brick or stone requirements shall cover the entire first floor on a
two-story or cape cod home,
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2 That the brick used in the construction of each condominium unit
shall be full-face four (4") inch brick, no exceptions,
3 That the Site Plan prepared by Ambit Land Surveyors, Inc., as
received by the Planning Commission on August 31, 1998, is
hereby approved and shall be adhered to,
4 That the petitioner shall meet to the satisfaction of the Fire
Department the following requirements as outlined in their
correspondence dated September 21, 1998
fire hydrants shall be provided on Aspen Drive with spacing
consistent with residential use group, and
the most remote fire hydrant shall flow 750 GPM with a 20
LB residual pressure,
5 That the Landscape Plan as received by the Planning Commission
on August 31, 1998, is hereby approved and shall be adhered to,
except for the fact that the plant material listed as "Flame Amur
Maple" shall be a minimum of 2" caliper as required by Section
18 45(c) of the Zoning Ordinance,
6 That the Entrance Marker shown C;1 the Landscape Plan is hereby
7 approved and shall be adhered to, and
That this approval is subject to the petitioner being granted
variances by the Zoning Board of Appeals for deficient setback of
the decorative wooden rail fence along Seven Mile Road and for
the entrance marker within the public right-of-way, and any
conditions related thereto
A roll call vote was taken on the foregoing resolution with the following result:
AYES Pastor, Laura, Brosnan, Walsh, Vandersloot, and Engebretson
NAYS None
The President declared the resolution adopted
Duggan returned to the podium at 8 48 p m
A communication from the Department of Assessment, dated February 9,
1999, re the square footages and assessed values of the homes in the area of Seven
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Mile/Wayne Road/Banbury was received and placed on file for the information of the
Council (Petition 98-9-8-29)
A communication from the Department of Law, dated February 9, 1999,
re ownership status of the Whispering Pines property located at Seven Mile and
Wayne Roads was received and placed on file for the information of the Council (CR
785-98 and Petition 98-9-8-29)
A fifteen (15) page petition, dated February 8, 1999, submitted by various
residents surrounding the areas of Petition 98-9-8-29 and Petition 98-10-8-33
requesting minimum standards for the proposed condominiums was received and
placed on file for the information of the Council (CR 785-98 and CR 883-98)
Denise Mika-Biga, 35354 Lancashire, inquired about changes for the proposed condo
project, and whether the material they received from Engineering was the most current.
John Bros, 35368 Banbury, inquired about size restrictions for the proposed condos
It was noted that Item #16b, Petition 98-10-8-33 by River Pines Development for Master
Deed, Bylaws and Site Plan approval in connection with a proposal to construct the
River Pines Site Condominiums on property located at 34825 Seven Mile Road in the
Northwest 1/4 of Section 9, is to remain in the Streets, Roads and Plats Committee
(CR 883-98)
A communication from the Department of Assessment, dated February 9,
1999, re the square footages and assessed values of the homes in the area of Seven
Mile/Wayne Road/Banbury was received and placed on file for the information of the
Council (Petition 98-10-8-33)
A communication from the Department of Law, dated February 9, 1999,
re ownership status of the Whispering Pines property located at Seven Mile and
Wayne Roads was received and placed on file for the information of the Council (CR
785-98 and Petition 98-9-8-29)
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A fifteen (15) page petition, dated February 8, 1999, submitted by various
residents surrounding the areas of Petition 98-9-8-29 and Petition 98-10-8-33
requesting minimum standards for the proposed condominiums was received and
placed on file for the information of the Council (CR 785-98 and CR 883-98)
On a motion by Laura, seconded by Duggan, and unanimously adopted, it
was
#73-99 RESOLVED, that having considered the report and
recommendation of the Streets, Roads, and Plats Committee, dated
January 26, 1999, submitted pursuant to Council Resolution 884-98, and a
communication from the City Planning Commission, dated September 30,
1998, which transmits its resolution 9-161-98, adopted on September 29,
1998, with regard to Petition 98-9-8-28 submitted by William Ditzhazy,
requesting Master Deed, Bylaws and Site Plan approval in connection with
a proposal to construct the Laurel Village Site Condominiums on property
located at 18981 Laurel Road in the Northwest 1/4 of Section 9, pursuant
to the provisions set forth in Section 18 62 of Ordinance No 543, as
amended, the Council &es hereby concur in the recommendation of the
Planning Commission and Petition 98-9-8-28 is hereby approved and
granted, subject to the following conditions
1 That the Master Deed complies with the requirement of the
Subdivision Control Ordinance, Title 16, Chapter 16 04-16 40 of the
Livonia Code of Ordinances, and Article XX of Ordinance No 543,
Section 20 01-20 06 of the ordinance, except the following shall be
incorporated
That the first floor of each condominium unit shall be brick or stone,
on all four sides, and the total amount of brick or stone on each
two-story colonial or cape cod unit shall not be less than 70%, with
full brick chimney, and the total amount of brick or stone on each
one-story ranch style home shall not be less than 80%, with full
brick chimney; and square foot minimums of usable living space
shall be 2,900 for two-story colonials, 2,700 for two-story cape cods
and 2,200 for one-story ranch style homes, FURTHER, sidewalk
and street light requirements shall be waived,
2 That the brick used in the construction of each condominium unit
shall be full-face four (4") inch brick, no exceptions,
CORRECTED PAGE - SEE CR #73-9`
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3 That the revised Site Plan prepared by Shrader-Porter of Michigan,
Inc , as received by the City Council on January 13, 1999, is hereby
approved and shall be adhered to,
4 That the petitioner shall meet to the satisfaction of the Engineering
Division the matter of backyard drainage and storm sewer runoff as
outlined in the correspondence dated September 14, 1998, and
5 That a fully detailed Landscape Plan shall be submitted to the
Planning Commission and City Council for their review and
approval
On a motion by Laura, seconded by Duggan, and unanimously adopted, it
was
#74-99 RESOLVED, that having considered the report and
recommendation of the Streets, Roads, and Plats Committee, dated
January 26, 1999, submitted pursuant to Council Resolution 764-98, in
connection with the subject of the site plan review of curb cuts and
driveways only with respect to the lot split requested by Kim Haveraneck
for Tax Item No 46-047-99-0001-000, located north of Six Mile and east
of Middlebelt, for property located at 18120 Middlebelt, and which lot split
was approved by Council Resolution 763-98, adopted on October 7, 1998,
the Council does hereby approve of the final building site plan regarding
curb cuts and driveways only, contingent upon approval of Wayne County
On a motion by Laura, seconded by Duggan, and unanimously adopted, it
was
#75-99 RESOLVED, that having considered the report and
recommendation of the Streets, Roads, and Plats Committee, dated
January 26, 1999, submitted pursuant to Council Resolution 875-98, and a
communication from the City Assessor, dated October 12, 1998, approved
for submission by the Mayor, with regard to a request from Craig Nosel,
32304 Wisconsin, 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
31442
proposed division of Tax Item No 46-041-01-0050-000 into three (3)
parcels, the legal descriptions of which shall read as follows
PARCEL A.
The north 191 00' of Lots 50, 51 and the west 30 00' of Lot 52, "O'Connor
and Porter's Subdivision," part of the west one-half of the Northeast one-
quarter of Section 11, T 1 S , R. 9 E , City of Livonia, Wayne County,
Michigan Liber 66, Page 70, W C R Subject to easements and
restrictions of records
PARCEL B.
The north 90 00' of the south 180 00' of Lots 50, 51 and the west 30 00' of
Lot 52, "O'Conner and Porter's Subdivision," part of the west one-half of
the Northeast one-quarter of Section 11, T 1S , R 9E , City of Livonia,
Wayne County, Michigan Liber 66, Page 70, W C R. Subject to
easements and restrictions of records
PARCEL C.
The south 90 00' of Lots 50, 51 and the west 30 00' of Lot 52, "O'Connor
and Porter's Subdivision," part of the west one-half of the Northeast one-
quarter of Section 11, T 1S , R 9 E , City of Livonia, Wayne County,
Michigan Liber 66, Page 70, W C R. Subject to easements and
restrict. ns of records
as shown on the map attached to the aforesaid communication which is
made a part hereof by reference, and the City Clerk is hereby requested to
cause a certified copy of this resolution to be recorded in the Office of the
Wayne County Register of Deeds, PROVIDED, HOWEVER, that 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
It was noted that Item #16f and g, the establishment of a program for street replacement
and/or repair (CR 600-90), and the subject of a proposed method of funding local road
improvements and whether Livonia should adopt a program similar to that utilized by the
City of Ann Arbor involving a citizen committee on road needs (CR 786-97), is to remain
in the Street, Roads and Plats Committee
A Progress Report on the Pavement Management System for the City of
Livonia, prepared by ERES Consultants, dated January 26, 1999, was received and
placed on file for the information of the Council (CR 600-90 and CR 786-97)
31443
On a motion by Laura, seconded by Duggan, and unanimously adopted, it
was
#76-99 RESOLVED, that having considered the report and
recommendation of the Streets, Roads and Plats Committee, dated January
26, 1999, submitted pursuant to Council Resolution 951-97, and a
communication from Councilmember Val Vandersloot, dated October 25,
1997, regarding the subject of the City of Livonia becoming a "Tree City
USA," the Council does hereby determine to take no further action on this
matter
It was noted that Item #16i, the subject of requests for waivers of sidewalk requirement
with respect to new developments (CR 910-98), is to remain in the Streets, Roads and
Plats Committee
On a motion by Walsh, seconded by Pastor, and unanimously adopted, it
was
#77-99 RESOLVED, that having considered the report and
recommendation of the Committee of the Whole, dated February 1, 1999,
submitted pursuant to Council Resolution 5-99, and a communication from
the Personnel Director, dated December 11, 1998, which bears the
signature of the Director of Finance and is approved for submission by the
Mayor, transmitting a copy of a resolution adopted by the Civil Service
Commission at its regular meeting of December 10, 1998, requesting pay
scale and fringe benefit adjustments for the classifications of Police Chief,
Deputy Police Chief and Police Captain for the period December 1, 1997
through November 30, 2000, the Council does hereby concur in the
recommendation of the Civil Service Commission and the pay scale and
benefit adjustments for the classifications of Police Chief, Deputy Police
Chief and Police Captain are hereby approved for the period December 1,
1997 through November 30, 2000, as follows
RATES EFFECTIVE 12/1/97
Hourly Annual
Chief Step 5 $40 57 $84,385 60
Step 4 39 01 81,140 80
Step 3 37 51 78,020 80
Step 2 36 07 75,025 60
Step 1 5 35 38 73,590 40
Step 1 34 68 72,134 40
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Deputy Chief Step 5 $36 88 $76,710 40
Step 4 35 46 73,756 80
Captain Step 5 $33 53 $69,742 40
Step 4 32 24 67,059 20
RATES EFFECTIVE 12/1/98
Hourly Annual
Chief Step 5 $41 78 $86,902 40
Step 4 40 17 83,553 60
Step 3 38 63 80,350 40
Step 2 37 14 77,251.20
Step 1 5 36 43 75,774 40
Step 1 35 71 74,276 80
Deputy Chief Step 5 $37 98 $78,998 40
Step 4 36 52 75,961 60
Captain Step 5 $34 53 $71,822 40
Step 4 33 20 69,056 00
LRATES EFFECTIVE 12/1/99
Hourly Annual
Chief Step 5 $43 03 $89,502 40
Step 4 41 38 86,070 40
Step 3 39 79 82,763 20
Step 2 38.26 79,580 80
Step 1 5 37 53 78,062 40
Step 1 36 79 76,523 20
Deputy Chief Step 5 $39 12 $81,369 60
Step 4 37 62 78,249 60
Captain Step 5 $35 56 $73,964 80
Step 4 34 19 71,115 20
ADMINISTRATIVE INCREMENT:
Administrative increment shall be increased, in an employee's final year of
employment only, to $6,000 00 Employees who retire between July 1
and December 1 shall be reimbursed the difference between the previous
year's merit increment and $6,000 00 at the time of retirement.
31445
Employees who retire between December 2 and June 30 shall receive the
$6,000 00 merit increment at the time of retirement.
PENSIONS:
Defined Benefit:
This shall be the same as Lieutenants and Sergeants contract, effective
December 1, 1997
Defined Contribution.
All employees will participate in a Defined Contribution Plan consistent
with the terms of the plan currently in effect between the City and the
Livonia Police Lieutenants and Sergeants Association as that plan is
detailed in Article 32 of the 1997-2000 Collective Bargaining Agreement,
except that the dates for electing to go to the Defined Contribution Plan
will be as set forth in the Livonia Police Officers Association Collective
Bargaining Agreement.
FURTHER, all other fringe benefits (i e , dental reimbursement, health
insurance, longevity, cleaning allowance, educational benefit, optical,
weekly disability and life insurance) as extended to Lieutenants and
Sergeants, shall be afforded this position as of December 1, 1997
Duggan gave first reading to the following Ordinance
AN ORDINANCE AMENDING SECTION 030 OF TITLE 9,
CHAPTER 16 (LARCENY) OF THE LIVONIA CODE OF
ORDINANCES, AS AMENDED
The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in the
Office of the City Clerk and is the same as if word for word repeated herein The above
Ordinance was placed on the table for consideration at the next regular meeting
Brosnan gave first reading to the following Ordinance, as revised to reflect
a fee of$650 00
AN ORDINANCE ADDING SECTION 015 TO TITLE 12,
CHAPTER 08 (STREET AND ALLEY VACATIONS) OF
THE LIVONIA CODE OF ORDINANCES, AS AMENDED
31446
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
A communication from the Department of Law, dated January 27, 1999,
re a survey of other communities' fees for handling vacating petitions was received
and placed on file for the information of the Council (CR 868-98)
On a motion by Vandersloot, seconded by Pastor, and unanimously
adopted, it was
#78-99 RESOLVED, that having considered the report and
recommendation of the Personnel Director, dated February 5, 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 February 4, 1999, the Council does hereby
concur in the recommendation of the Civil Service Commission and does
hereby approve the execution of a contract betw3en the City of Livonia
and MAT Court Recording & Court Services to provide recording and
transcription services for the Office of the City Clerk pursuant to Section
17 4(e) Special Appointments of the Rules and Regulations of the Civil
Service Commission
A communication from the Civil Service Department, dated February 5,
1999, re forwarding a resolution adopted by the Civil Service Commission on February
4, 1999, recommending approval for recording and transcription of City Council public
hearing minutes by MAT Court Recording & Court Services, pursuant to the Rules and
Regulations of the Civil Service Commission, Section 17 4(e) Special Appointments,
was received and placed on file for the information of the Council
On a motion by Pastor, seconded by Vandersloot, and unanimously
adopted, it was
31447
#79-99 RESOLVED, that having considered a communication from
the City Clerk, dated January 25, 1999, to which is attached a proposed
contract between the City of Livonia and MAT Court Recording & Court
Services, the Council does hereby authorize retaining MAT Court
Recording & Court Services, 6225 Ardmore Park Circle, Dearborn
Heights, Michigan 48127, to provide recording and transcription services
for the Office of the City Clerk commencing March 1, 1999, at the rate of
$15 00 per hour for recording the Council public hearing proceedings
between March 1, 1999 and November 30, 1999; $18 00 per hour for
recording the Council public hearing proceedings between December 1,
1999 and November 30, 2001, $2 85 per page for the transcription of the
meeting minutes, and $3.25 per page for transcription of the meeting
minutes on an expedited basis at the request of the City Clerk; 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 company; FURTHER,
the Council does hereby determine to accept such proposal 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 Civil Service Department, dated February 5,
1999, re forwarding a resolution adopted by the Civil Service Commission on February
4, 1999, recommending approval for recording and transcription of City Council public
hearing minutes by MAT Court Recording & Court Services, pursuant to the Rules and
Regulations of the Civil Service Commission, Section 17 4(e) Special Appointments,
was received and placed on file for the information of the Council
Vice President Walsh left the podium at 9 02 p m due to a conflict of interest on the
next matter
Duggan gave first reading to the following Ordinance, as amended to
reflect a $10,000 00 application fee
AN ORDINANCE AMENDING SECTIONS 050 AND 060 OF
TITLE 12, CHAPTER 06 (TELECOMMUNICATIONS) OF THE
LIVONIA CODE OF ORDINANCES, AS AMENDED
31448
The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in the
Office of the City Clerk and is the same as if word for word repeated herein The above
Ordinance was placed on the table for consideration at the next regular meeting
Duggan invoked the Emergency Clause and gave second reading to the
foregoing Ordinance He then withdrew his motion for second reading
On a motion by Duggan, seconded by Brosnan, it was
#80-99 RESOLVED, that having considered the report and
recommendation of the Department of Law, dated January 18, 1999,
approved for submission by the Mayor, the Council does hereby refer to
the Committee of the Whole for its report and recommendation the subject
of the use of rights-of-way by telecommunications providers regarding
application and user fees
A roll call vote was taken on the foregoing resolution with the following result:
AYES Pastor, Duggan, Laura, Brosnan, Vandersloot, and Engebretson
NAYS None
The President declared the resolution adopted
A communication from the Department of Law, dated February 8, 1999,
re establishment of fee for telecommunications permit applications and interim fee for
use of the public right-of-way was received and placed on file for the information of the
Council
Vice President Walsh returned to the podium at 9 15 p m
On a motion by Vandersloot, seconded by Duggan, it was
#81-99 RESOLVED, that having considered a communication from
the City Planning Commission, dated January 15, 1999, which transmits
its resolution 1-11-99, adopted on January 12, 1999, with regard to a
revised Sign Permit Application, submitted by Amoco Gas Station,
requesting approval to erect a ground sign on property located at 29401
Seven Mile Road in the Northeast 1/4 of Section 11, the Council does
hereby concur in the recommendation of the Planning Commission and
31449
approves the said revised Sign Permit Application, subject to the following
conditions
1 That the 39 3 sq ft. ground sign (identified as 3A) as received by
the Planning Commission on December 27, 1998, is hereby
approved and shall be adhered to except for the fact that the height
of the sign shall not exceed nine (9') feet; and
2 That any additional signage shall come back before the Planning
Commission and City Council for their review and approval
A roll call vote was taken on the foregoing resolution with the following result:
AYES Duggan, Laura, Brosnan, Walsh, and Vandersloot.
NAYS Pastor and Engebretson
The President declared the resolution adopted
On a motion by Laura, seconded by Vandersloot, and unanimously
adopted, it was.
#82-99 RESOLVED, that having considered a communication from
the City Planning Commission, dated December 17, 1998, which transmits
its resolution 12-201-98, adopted on December 15, 1998, with regard to
Petition 98-11-2-21, submitted by Jane Harrison requesting waiver use
approval to operate a new and used clothing store within the Plymouth
Square Shopping Center located on the south side of Plymouth Road
between Merriman Road and Denne Avenue in the Northwest 1/4 of
Section 35, which property is zoned C-2, the Council does hereby concur
in the recommendation made by the City Planning Commission and
Petition 98-11-2-21 is hereby approved and granted, subject to the
following conditions
1 That there shall be no outdoor sales, storage or display of
merchandise,
2 That the petitioner shall correct to the satisfaction of the Inspection
Department the site deficiencies as outlined in their
correspondence dated December 3, 1998, and
3 That the petitioner shall submit a Letter of Understanding signed by
the property owner and also signed by the petitioner indicating that
this waiver use will be voluntarily abandoned in the case that the
petitioner moves from the premises
31450
Ron Parz, the owner of the aforementioned property, addressed the matter of the Letter
of Understanding for this waiver use
A communication from the Plymouth Road Development Authority, dated
February 8, 1999, re supporting Petition 98-11-2-21 by Jane Harrison to operate a new
and used clothing store within the Plymouth Square Shopping Center was received and
placed on file for the information of the Council
On a motion by Duggan, seconded by Brosnan, and unanimously
adopted, it was
#83-99 RESOLVED, that having considered a communication from
the City Planning Commission, dated January 15, 1999, which transmits
its resolution 1-6-99 adopted on January 12, 1999, with regard to Petition
99-1-8-2 submitted by Stephen Gottlieb, on behalf of Days Inn, requesting
site plan approval in connection with a proposal to renovate the exterior of
the hotel located at 36655 Plymouth Road in the Northwest 1/4 of Section
32, pursuant tcc 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 99-1-8-2 is hereby approved and
granted, subject to the following conditions
1 That the Exterior Building Elevation Plan marked Drawing No 1, as
received by the Planning Commission on November 17, 1998, is
hereby approved and shall be adhered to except for the fact that
the dryvit bands above and below the air conditioning units on each
floor shall be installed the entire length of the east elevation,
2 That any new brick used in the refurbishing of the building shall be
full-face four (4") inch brick, and
3 That the color of the dryvit for the first floor shall be Amarillo White,
the colored band on the second floor shall be Somerset Moss, the
colored band on the third floor shall be Sandstone Cliff, and the
colored band on the fourth floor shall be Atlantic Shoreline, as
depicted on the color sample board submitted by the petitioner
The petitioner, Stephen Gottlieb, 30776 Woodward, Royal Oak, discussed the colors for
the proposed hotel
31451
On a motion by Duggan, seconded by Brosnan, and unanimously
adopted, it was
o #84-99 RESOLVED, that having considered a communication from
the City Planning Commission, dated January 14, 1999, which transmits
its resolution 1-7-99 adopted on January 12, 1999, with regard to Petition
99-1-8-3 submitted by Doug Spohn, on behalf of Wendy's, requesting site
plan approval in connection with a proposal to construct an addition and
refurbish the restaurant located at 31150 Five Mile Road in the Southwest
1/4 of Section 14, 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 99-1-8-3 is
hereby approved and granted, subject to the following conditions.
1 That the Site Plan marked Sheet G-1, Revision #3, dated February
8, 1999, prepared by DuBose & Associates, as received by the City
Council on February 9, 1999, is hereby approved and shall be
adhered to,
2 That the Landscape Plan marked Sheet G-2 prepared by DuBose &
Associates, as received by the Planning Commission on January 8,
1999, is 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 new and
existing 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 entire parking lot shall be repaired, repaved and doubled
striped,
6 That the Exterior Building Elevation Plan marked Sheet A-2
prepared by DuBose & Associates, as received by the Planning
Commission on December 28, 1998, is hereby approved and shall
be adhered to,
7 That the Ground Sign as shown on the approved Landscape Plan,
and the Wall Sign, as shown on the approved Exterior Building
Elevation Plan, are hereby approved and shall be adhered to,
except for the fact that the Ground Sign shall set back a minimum
of 10 feet from the Five Mile Road right-of-way line,
31452
8 That all signage for this restaurant shall not be illuminated beyond
one hour after closing,
9 That the petitioner shall correct to the satisfaction of the Inspection
Department the deficiencies as outlined in their correspondence
dated January 7, 1999, and
10 That the dumpster enclosure shall be constructed of masonry
block.
A copy of an eight-page parking lease submitted re Petition 99-1-8-3 by
Doug Spohn, on behalf of Wendy's, for property located at 31150 Five Mile Road, was
received and placed on file for the information of the Council.
The Site Plan prepared by DuBose & Associates, revised on February 8,
1999, re Petition 99-1-8-3, was received and placed on file for the information of the
Council
On a motion by Brosnan, seconded by Duggan, and unanimously
adopted, it was
#85-99 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 10 acres lying in the
South 1/2 of Section 30, 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 71", and
WHEREAS, written notice has been given by certified mail to Covington
Center, L L C 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 71, 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 71, and
31453
WHEREAS, on Wednesday, January 20, 1999, a public hearing was held
on the establishment of proposed City of Livonia Industrial Development
District No 71, at which time Covington Center, 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
Covington Center, 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 71 "
EXHIBIT A
Part of the South 1/2 of Section 30, T 1S , R 9E , City of Livonia, Wayne
County, Michigan, being more particularly described as Commencing at
the center of said Section 30; thence S 0°15'23" W , 43 00 feet along the
North-South 1/4 line to the point of beginning, thence S 89°45'00" E.,
507 06 feet parallel with the East-West 1/4 line in the East 1/2 of said
Section 30; thence N 0°02'00" E., 10 00 feet; thence S 89°45'00" E ,
50 00 feet; thence S 0°02'00" W , 553 65 feet; thence N 88°32'25" W ,
213 97 feet; thence along a curve to the right an arc distance of 235 57
feet, said curve having a radius of 435.28 feet and a long chord bearing
and distance of S 74° 58'06" W , 232 70 feet; thence N 89°31'40" W ,
374 87 feet; thence N 0°28'20" E , 600 00 feet; thence S 89°31'40" E ,
251 83 feet parallel with the East-West 1/4 line in the West 1/2 of said
Section 30 to the point of beginning Subject to any and all easements
and/or rights-of-way, whether used, implied or of record
Don Pierce, representing John Allman, was present to answer Council's questions
A communication from the Economic Development Manager, dated
January 28, 1999, re the request of Covington Center, LLC to establish an industrial
development district was received and placed on file for the information of the Council.
On a motion by Brosnan, seconded by Duggan, and unanimously
adopted, it was.
31454
Resolution No. 86-99
CITY OF LIVONIA
COUNTY OF WAYNE, MICHIGAN
A RESOLUTION GRANTING THE "SPECULATIVE
BUILDING" DESIGNATION TO COVINGTON CENTER,
L.L.0 'S FACILITY LOCATED AT 38401 AMRHEIN,
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
10 acres lying in the South 1/2 of Section 30, 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
71," and
WHEREAS, the City of Livonia has received a request from Covington
Center, L.L.0 for a "Speculative Building in Units" designation pursuant to
the Act for a facility which is being constructed within said Industial
Development District; and
WHEREAS, the City wishes to preserve its right to induce qualified
manufacturers to locate in the City of Livonia at said facility 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 facility located at
38401 Amrhein, 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 the facility
into seven (7) units identified as follows
31455
a Unit #1 - 18,144 square feet
b Unit #2 - 18,144 square feet
c Unit #3 - 18,144 square feet
d Unit #4 - 14,112 square feet
Eby e Unit #5 - 87,400 square feet
f Unit #6 - 7,455 square feet
g Unit #7 - 7,455 square feet
which units are depicted on the attached sketch incorporated herein.
3 Covington Center, L.L.0 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 facility does not create any vested right on the part of Covington
Center, L.L.0 , its successors in interests or any tenants on the
facility 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
request. ig 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
Part of the South 1/2 of Section 30, T 1S , R 9E , City of Livonia, Wayne
County, Michigan, being more particularly described as Commencing at
the center of said Section 30, thence S 0°15'23" W , 43 00 feet along the
North-South 1/4 line to the point of beginning, thence S 89°45'00" E.,
507 06 feet parallel with the East-West 1/4 line in the East 1/2 of said
Section 30; thence N 0°02'00" E , 10 00 feet; thence S 89°45'00" E ,
50 00 feet; thence S 0°02'00" W , 553 65 feet; thence N 88°32'25" W ,
213 97 feet; thence along a curve to the right an arc distance of 235 57
feet, said curve having a radius of 435 28 feet and a long chord bearing
and distance of S 74° 5806" W , 232 70 feet; thence N 89°31'40" W ,
374 87 feet, thence N 0°28'20" E , 600 00 feet; thence S 89°31'40" E ,
251 83 feet parallel with the East-West 1/4 line in the West 1/2 of said
Section 30 to the point of beginning Subject to any and all easements
and/or rights-of-way, whether used, implied or of record
31456
On a motion by Walsh, seconded by Pastor, and unanimously adopted, it
was
#87-99 WHEREAS, pursuant to Act No 198 of the Public Acts of
1974, as amended, this Council has the authority to establish industrial
development districts within the boundaries of the City of Livonia, and
WHEREAS, a proposal was made regarding the establishment of an
industrial development district encompassing land situated in the City of
Livonia and comprised of an area of approximately 1 78 acres lying in the
Southwest 1/4 of Section 28, more particularly described in Exhibit A,
attached hereto and incorporated by reference herein, which area is
hereinafter referred to as "City of Livonia Industrial Development District
No 70", and
WHEREAS, written notice has been given by certified mail to Kongsberg
Automotive, Inc of the Council's pending action on this resolution and of
its right to a hearing on the establishment of proposed City of Livonia
Industrial Development District No 70, 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 70, and
WHEREAS, on Monday, January 25, 1999, a public hearing was held on
the establishment of proposed City of Livonia Industrial Development
District No 70, at which time Kongsberg Automotive, Inc. and other
taxpayers and residents of the City of Livonia had an opportunity to be
heard (a copy of the statements both written and oral made at such
hearing being on file with this City Council), and a representative of
Kongsberg Automotive, Inc attended said hearing and acknowledged
receipt of notice of such hearing on behalf of the said corporation,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
LIVONIA, AS FOLLOWS
1 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 70 "
31457
EXHIBIT A
A part of Lot 17, "Belden Industrial Park," according to the plat thereof
recorded in Liber 101 of Plats, Pages 99 and 100, and part of the
Southwest 1/4 of Section 28, Town 1 South, Range 9 East, City of Livonia,
Wayne County, Michigan, described as beginning at a point distant north
01 degrees 23 minutes 38 seconds east 108 64 feet from the southwest
corner of Lot 17, of the "Belden Industrial Park Subdivision," as recorded
in Liber 101, Pages 99 and 100 of Wayne County Records, said point
being on the west line of said lot and proceeding thence north 01 degrees
23 minutes 38 seconds east 224 36 feet to the northwest corner of said
lot; thence south 88 degrees 17 minutes 37 seconds east 346.25 feet
along the north line of said lot and the extension thereof; thence south 01
degrees 23 minutes 38 seconds west 221 94 feet; thence north 88
degrees 41 minutes 40 seconds west 346.24 feet to the point of
beginning
On a motion by Pastor, seconded by Walsh, and unanimously adopted, it
was
#88-99 RESOLVED, that having considered a communication from
the City Planning Commission, dated November 6, 1998, which sets forth
its resolution 10-181-98 adopted on October 27, 1998, with regard to
Petition 98-9-1-18, submitted by John J Wheeler and Janice Mayes for a
change of zoning of property located on the north side of Plymouth Road
between Chase Boulevard and Newburgh Road in the Southeast 1/4 of
Section 30, from RUF to R-1, and the Council having conducted a public
hearing with regard to this matter on January 25, 1999, pursuant to
Council Resolution 905-98, the Council does hereby approve Petition 98-
9-1-18 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
No one from the audience wished to speak during the audience
communication portion of the meeting
On a motion by Duggan, seconded by Brosnan, and unanimously
adopted, this 1,386th Regular Meeting of the Council of the City of Livonia was
adjourned at 9 51 p m , February 10, 1999
Joan M( ittd Ci(ye: 1-1/