HomeMy WebLinkAboutCOUNCIL MINUTES 1998-05-06 30954
MINUTES OF THE ONE THOUSAND THREE HUNDRED AND SIXTY-EIGHTH
REGULAR MEETING OF THE COUNCIL OF THE CITY OF LIVONIA
On May 6, 1998, 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, Brian
Duggan, Joe Laura, Maureen Miller Brosnan, and Jack Engebretson Absent: John R.
Pastor (out on business) and John J Walsh (out on business)
Elected and appointed officials present: Jack E. Kirksey, Mayor; John
Nagy, City Planner; Robert J Schron, City Engineer; Cathryn K. White, Chief Assistant
City Attorney; Joan McCotter, City Clerk; Karen A. Szymula, Director of Legislative
Affairs, Michael T Slater, Director of Finance, Robert J Beckley, Director of Public
Works, and Michael Deller, City Librarian
On a motion by Duggan, seconded by Brosnan, and unanimously*
adopted, it was
#348-98 RESOLVED, that the minutes of the 1,367th Regular
Meeting of the Council of the City of Livonia, held April 22, 1998, are
hereby approved as submitted.
*Councilmember Laura abstained from voting, which is recorded as a "yes" vote under
the provisions of Section 2 04 190B c; the Livonia Code of Ordinances
On a motion by Duggan, seconded by Brosnan, and unanimously
adopted, it was
#349-98 RESOLVED, that the minutes of the 234th Special Meeting
of the Council of the City of Livonia, held May 4, 1998, are hereby
approved as submitted
There was no audience communication at the beginning of the meeting.
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Councilmember Brosnan gave an update on the condition of Barbara
Feenstra. she has been moved to the Critical Care Unit at U of M Hospital (Ann Arbor)
and is making slow, but measured, progress She also reminded those in attendance
and in the viewing audience that the 24th Annual Livonia Prayer Breakfast is scheduled
for May 14, 1998 at 7 15 am at Laurel Manor
Councilmember Duggan wished Councilmember Brosnan an early "Happy
Birthday" (May 8)
On a motion unanimously introduced, seconded and adopted, it was.
#350-98 WHEREAS, the Kids Count in Michigan Report conducted
by the Michigan League for Human Services and Michigan State
University verifies that an increasing and substantial number of children in
Wayne, Oakland and Macomb counties are at risk as a result of poverty
and hunger; and
WHEREAS, poverty adversely affects birth weight, child deaths, abuse
and neglect, education and the general health of children, and those of us
who do not know hunger have a responsibility to feed the hungry; and
WHEREAS, the National Association of Letter Carriers (NALC) is
sponsoring the sixth annual National Food Drive Day on Saturday, May 9,
1998, with the NALC Branch One in the City of Livonia participating; and
WHEREAS, the cost of inaction is too high, particularly in the face of
many negative outcomes for children which are preventable,
NOW, THEREFORE, BE IT RESOLVED, that the Mayor and the City
Council of the City of Livonia fully endorse and support the National
Association of Letter carriers Food Drive, and publicly advocate that the
residents of Livonia, Michigan leave non-perishable food at their
mailboxes on Saturday, May 9, 1998, and that the City of Livonia
proclaims Saturday, May 9, 1998, as National Association of Letter
Carriers Food Drive Day
Mayor Kirksey read a Proclamation from the Offices of the Mayor and City
Council proclaiming May, 1998 as Drug Awareness Month in the City of Livonia. The
citizens of Livonia were urged to observe this month by taking every opportunity to
become alert, aware and informed about the threat of drugs and addiction to their
community and to their loved ones.
A communication from the Department of Finance, dated April 2, 1998, re
forwarding various financial statements of the City of Livonia for the month ending
December 31, 1997, was received and placed on file for the information of the Council.
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A communication from the Department of Finance, dated April 13, 1998,
re forwarding various financial statements of the City of Livonia for the month ending
January 31, 1998, was received and placed on file for the information of the Council
A communication from the Department of Finance, dated April 16, 1998,
re forwarding various financial statements of the City of Livonia for the month ending
February 28, 1998, was received and placed on file for the information of the Council
A communication from the Engineering Division, dated April 30, 1998, re
status of the Hillcrest Court Development Project, at Five Mile and Spanich Court, on
the east side of Kroger, was received and placed on file for the information of the
Counci I
Communications from the Engineering Division, dated April 30, 1998, re
status of the Pines of Winfield Subdivision and restoration work in Sheffield Estates
Subdivision were received and placed on file for the information of the Council
A communication from the Department of Law, dated April 29, 1998, re
administrative response to CR 225-98 - the City's leverage for enforcement of dates
certain in the work plan for completion of the Pines of Winfield Subdivision -was
received and placed on file for the information of the Council
A communication from the Department of Law, dated April 15, 1998, re
People of the City of Livonia v Goretski Construction Company, Court of Appeals
Docket No 203057, was received and placed on file for the information of the Council
(CR 454-97)
A communication from Ronald M Parz, President of the Parz Group,
dated April 28, 1998, re agreeing to reimburse the City for any maintenance that may
become necessary with respect to the 21" diameter storm sewers or open channel
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drain outlet for the Parkview Site Condominiums was received and placed on file for the
information of the Council (Consent Agenda Item #10)
On a motion by Brosnan, seconded by Duggan, it was
#351-98 RESOLVED, that having considered an application from
Kathleen A. Fitzgerald, 9917 Cranston, dated April 6, 1998, requesting
permission to close Cranston Street between Elmira and Orangelawn on
Monday, May 25, 1998, from 2 00 p m to 8.00 p m for the purpose of
conducting a block party, the Council does hereby grant permission as
requested, the action taken herein being made subject to the approval of
the Police Department.
#352-98 RESOLVED, that having considered an application from
Sandy O'Halloran, 28640 Grandon, dated April 2, 1998, requesting
permission to close Grandon between Harrison and Brentwood on
Saturday, June 13, 1998, from 1 00 p m to 1000 p m for the purpose of
conducting a block party, the Council does hereby grant permission as
requested, including therein permission to conduct the said affair on
Sunday, June 14, 1998, in the event of inclement weather, the action
taken herein being made subject to the approval of the Police
Department.
#353-98 RESOLVED, that having considered a letter Sister Lucille,
O P , Administrator of Villa Marie, dated April 15, 1998, the Council does
hereby take this means to indicate that Villa Marie is recognized as a non-
profit organization operating in the community, and the action herein
being taken for the purpose of affording Villa Marie an opportunity to
obtain a gaming license or registration from the State of Michigan in
accordance with provisions of State statute
#354-98 RESOLVED, that having considered a communication from
the Water and Sewer Board, dated April 14, 1998, which bears the
signature of the Director of Finance and is approved for submission by
the Mayor, and which transmits its resolution WS 3224 4/98, the Council
does hereby accept the bid of Red Holman Pontiac-GMC, 35300 Ford
Road, Westland, Michigan 48185, for supplying the Public Service
Division (Water and Sewer Maintenance Section) with one (1) 13-ft. walk-
in van for a net price of$37,447 00, based on a total price of$39,447 00
less trade-in of$2,000 00, the same having been in fact the lowest bid
received which meets all specifications, and the bid of Wink Chevrolet
Co is hereby rejected for the reasons indicated in the attachment.
#355-98 RESOLVED, that having considered a communication from
the Water and Sewer Board, dated April 14, 1998, which bears the
signature of the Director of Finance and is approved for submission by
the Mayor, and which transmits its resolution WS 3223 4/98, the Council
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does hereby accept the bid of Red Holman Pontiac-GMC, 35300 Ford
Road, Westland, Michigan 48185, for supplying the Public Service
Division (Water and Sewer Maintenance Section) with one (1) 12-ft. inter-
City van for a net price of $27,701 00, based on a total price of
$30,201 00 less trade-in of $2,500 00, the same having been in fact the
lowest bid received and meets all specifications
#356-98 RESOLVED, that having considered a communication from
the Water and Sewer Board, dated April 14, 1998, which bears the
signature of the Director of Finance and is approved for submission by
the Mayor, and which sets forth Water and Sewer Board resolution WS
3227 4/98, the Council does hereby approve a one-year extension of the
current agreement with D'Angelo Brothers, Inc., 24485 Middlebelt Road,
Farmington Hills, Michigan 48336, for performing water main taps and
service connections, 3/4" to 2", at various locations throughout the City, at
the unit prices bid in their proposal dated March 10, 1995, with an
addition of$3 00 to the fee for 3/4" and 1" short lead connections and 3/4"
and 1" long lead connections for the period April 1, 1998, through March
31, 1999, with a cap of$4,000 00 in the retainage amount as was
authorized in the previous contract; FURTHER, the Council does hereby
authorize the purchase of said item 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
#357-98 RESOLVED, that having considered the report and
recommendation of the Director of Public Works, dated April 16, 1998,
which bears the signature of the Director of Finance and is approved for
submission by the Mayor, the Council does hereby accept the quotation
of Porta-John Company, 50633 Ryan Road, Utica, Michigan 48317, to
provide portable toilet service for the seasonal use placements and the
special events for 1998, for the total cost of$19,618 95, 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 Section
3 04 140D4 of the Livonia Code of Ordinances, as amended, FURTHEF,
in the event the aforesaid low bidder is unable to furnish the services or
services are unacceptable, the Council does hereby accept the second
lowest quotation of San-O-Let, P 0 Box 159, Wayne, Michigan, 48184,
for the total cost of $21,071 00
#358-98 RESOLVED, that having considered the report and
recommendation of the Director of Public Works and the City Engineer,
dated March 31, 1998, 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 Wayne Asphalt Paving Company, 27732 Ecorse
Road, Romulus, Michigan 48174, for completing all work required in
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connection with the 1998 Mies Park Cart Path Paving Project (Contract
98-D) for the estimated total cost of $46,916 71 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 the expenditure of a sum not to exceed $46,916 71
from Account No 101-707-974-000 (Capital Outlay -- Land Improvement)
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.
#359-98 RESOLVED, that having considered the report and
recommendation of the Director of Public Works and the City Engineer,
dated April 6, 1998, 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 Michigan Joint Sealing, Inc., 30301 Navin,
Livonia, Michigan 48152, for completing all work required in connection
with Proposal "A" (Hot Poured Rubber) for the 1998 Pavement Joint and
Crack Sealing Program (Contract 98-B), for the total estimated amount of
$29,036 32, and does hereby authorize the expenditure of the sum of
L. $29,036 32 from funds already budgeted for this purpose in Account No
203-463-818-117, FURTHER, the Council does hereby accept the unit
price bid of Scodeller Construction, Inc., P 0 Box 448, South Lyon,
Michigan 48128, in connection with Proposal "B" (Over Band) for this
program for the estimated total cost of $123,097 41, and does hereby
authorize an expenditure in the amount of$100,963 68 from funds
already budgeted in Account No 203-463-818-117 and an expenditure in
the amount of$22,133 73 from funds already budgeted in Account No
202-463-818-117 for this purpose, FURTHER, the foregoing amounts are
based upon the Engineering Division's estimate of units involved, and are
subject to final payments based upon the actual units completed in
accordance with the unit prices accepted herein, said estimated costs and
unit prices having been in fact the lowest bids received for this item; 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 for and on behalf of the City of Livonia to
execute contracts with the aforesaid bidders and to do all other things
necessary or incidental to the full performance of this resolution
#360-98 RESOLVED, that having considered the report and
recommendation of the Director of Public Works and the City Engineer,
dated April 22, 1998, approved for submission by the Mayor, with regard
to a request from the Wayne County Department of Public Services that
the City take jurisdiction and control of sections of a 21" storm sewer, 18"
30960
storm sewer, 15" storm sewer, 12" storm sewer and open channel as part
of the construction of a residential site condominium (Parkview Site
Condominiums), the Council does hereby determine as follows
1 To advise the Wayne County Department of Public Services
(Permit Section) that the City of Livonia has approved the storm
sewer and open channel plans, and FURTHER, that the City will
accept jurisdiction and maintenance (at no expense to the County)
of approximately 26 I f of 21" storm sewer, 163 I f of 18" storm
sewer, 169 I f of 15" storm sewer, 563 I f of 12" storm sewer and
457 I f of open channel within the condominium development and
the Middle Rouge Parkway right-of-way in connection with the
development of the aforementioned site located on the south side
of Plymouth Road in the Southeast 1/4 of Section 30 (See
attached letter from the Parz Group, Inc., dated April 28, 1998,
(revised) indicating its willingness to reimburse the City for any
such maintenance that may become necessary )
2. To authorize the City Engineer to execute a Wayne County permit
on behalf of the City of Livonia in connection with the above storm
sewer construction
#361-98 RESOLVED, that having considered the report and
recommendation of the Director of Public Works and the City Engineer,
dated April 15, 1998, approved for submission by the Mayor, with regard
to a request from the Wayne County Department of Public Services that
the City take jurisdiction and control of a section of 4" storm sewer as part
of the construction of residential condominiums (Navin Oaks
Condominiums), the Council does hereby determine as follows
1 To advise the Wayne County Department of Public Services
(Permit Section) that the City of Livonia has approved the storm
sewer site plans, and FURTHER, that the City will accept
jurisdiction and maintenance (at no expense to the County) of
approximately 56 I f of 4" storm sewer within the Farmington Road
right-of-way in connection with the development of the
aforementioned site located on the east side of Farmington Road
in the Northwest 1/4 of Section 3 (See attached letter from Tri-
West Development Corporation, dated April 17, 1998, indicating its
willingness to reimburse the City for any such maintenance that
may become necessary )
2 To authorize the City Engineer to execute a Wayne County permit
on behalf of the City of Livonia in connection with the above storm
sewer construction
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A communication from the Department of Law, dated April 2, 1998, re
administrative response to CR 229-98 -which departments are most affected by
Freedom of Information Act requests -was received and placed on file for the
information of the Council
#362-98 RESOLVED, that having considered a communication from
the Department of Law, dated April 2, 1998, which bears the signature of
the Director of Finance and is approved for submission by the Mayor,
submitted pursuant to Council Resolution 228-98, the Council does
hereby adopt the City of Livonia Freedom of Information Act Cost
Recovery Policy, bearing the legend "Revised - March 31, 1998" and
being attached to said letter, and the City Clerk shall publish or cause to
be published this resolution, together with said policy, in the Livonia
Observer & Eccentric, the official newspaper of the City All resolutions or
parts of resolutions in conflict herewith are repealed only to the extent
necessary to give this resolution full force and effect.
A roll call vote was taken on the foregoing resolutions with the following result:
AYES Vandersloot, Duggan, Laura, Brosnan, and Engebretson
NAYS None
A communication addressed to Robert Beckley from Soil and Materials
Engineers, Inc. (SME), dated April 20, 1998, re forwarding a report prepared in
December of 1996 by the Texas Transportation Institute for the Washington State
Transportation Commission documenting a comparison between different vendors with
respect to the Pavement Management System, was received and placed on file for the
information of the Council (CR 600-90 and CR 786-97)
A communication from the Department of Public Works, dated May 5,
1998, re. additional information on the proposed Pavement Management System was
received and placed on file for the information of the Council (CR 600-90 and CR 786-
9
7)
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On a motion by Laura, seconded by Brosnan, and unanimously adopted,
it was
#363-98 RESOLVED, that having considered the report and
recommendation of the Streets, Roads and Plats Committee, dated April
14, 1998, submitted pursuant to Council Resolutions 600-90 and 786-97,
and a communication from the Director of Public Works and the City
Engineer, dated March 23, 1998, which bears the signature of the
Director of Finance and is approved for submission by the Mayor,
concerning proposals received for the development of a City-wide
Pavement Management Study, the Council does hereby accept the
proposal submitted by ERES Consultants, Inc., 505 W University
Avenue, Champaign, Illinois 61820-3915, and does hereby authorize the
retaining of such firm to complete the City-wide Pavement Management
System study, for the total sum of$163,254 00, the same to be
appropriated and expended from the Unexpended Fund Balance of the
Local Road Account in the amount of$106,115 00 and from the
Unexpended Fund Balance of the Major Road Account in the amount of
$57,139 00 for this purpose, FURTHER, the Council does hereby accept
such proposal in lieu of the lowest proposal for the reasons indicated in
the aforementioned communication, and such action is taken in
accordance with Sections 3 04 140D2 and 3 04 140D4 of the Livonia
Code of Ordinances, as amended; and the Mayor and City Clerk are
hereby authorized to execute such contract 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.
Vandersloot took from the table, for second reading and adoption, the
following Ordinance
AN ORDINANCE VACATING PORTIONS OF STREET,
ALLEY AND PUBLIC GROUND (Petition 97-10-3-4)
A roll call vote was taken on the foregoing Ordinance -vith the following result:
AYES Vandersloot, Duggan, Laura, Brosnan, and Engebretson.
NAYS None
The President declared the foregoing Ordinance duly adopted, and would become
effective on publication.
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On a motion by Vandersloot, seconded by Duggan, and unanimously
adopted, it was
#364-98 RESOLVED, that having considered a communication from
the Department of Law, dated April 27, 1998, which bears the signature of
the Director of Finance and is approved for submission by the Mayor, to
which is attached a proposed lease between the City of Livonia and the
Municipal Building Authority of Livonia, for a period of 20 years, by which
the City shall lease certain City-owned property designated for fire station
purposes to the Municipal Building Authority of Livonia for an annual rent
of$1 00, the Council does hereby authorize the Mayor and City Clerk, for
and on behalf of the City of Livonia, to execute the attached lease in the
manner and form herein submitted, as well as to do all other things
necessary or incidental to the full performance of this resolution
A communication from Tom Bjorklund, Vice President and Regional
Manager of Time Warner Cable, dated April 15, 1998, re forwarding the Fourteenth
Annual Report of Time Warner Cable, was received and placed on file for the
information of the Council
On a motion by Laura, seconded by Brosnan, it was
#365-98 RESOLVED, that having considered a communication from
the City Assessor, dated April 9, 1998, approved for submission by the
Mayor, with regard to a request from Ronald and Susan Scarbrough,
27905 Six Mile, Livonia, Michigan 48154, 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 determine to deny
the request for combining and dividing Tax Item Nos 46-049-01-0007-
000 and 46-049-01-0008-000 into two (2) parcels since the same would
be in violation of the City's zoning ordinance and law, as well as for the
reason that the proposed lot split would not be consistent with good
planning and zoning practice
Jim Wolfe of Caldwell Banker addressed this matter He is representing Mr
Scarbrough and the sale of the property He stated that they stayed within the
requirements set by the City; the only problem seems to be the layout of the lots.
Ron Scarbrough, 27905 Six Mile - stated he feels he is being penalized because he
spent a lot of money to fix up his house and property; now he would like to split it and
sell
Suzanne Kosiba, 16710 Stanmoor - stated she feels for the petitioner, but does not
believe the proposed lot split would be in harmony with the neighborhood
30964
A roll call vote was then taken on the foregoing resolution with the following result:
AYES Vandersloot, Laura, Brosnan, and Engebretson
NAYS Duggan.
The President declared the resolution adopted
On a motion by Brosnan, seconded by Duggan, it was.
#366-98 RESOLVED, that having considered a letter from Sandra
Beslach, dated April 13, 1998, requesting an amendment of the existing
sublease agreement for the Fox Creek Golf Course Restaurant ("The
Sideline") in order to obtain an additional permit that would allow the sale
of alcoholic beverages on the golf course at Fox Creek, the Council does
hereby deny this request.
The petitioner, Sandra Beslach, stated that when the Council addresses upcoming golf
course matters, one of the things they should consider is having someone monitor the
alcohol and beer on the various golf courses so it would be safer
A roll call vote was then taken on the foregoing resolution with the following result:
AYES Vandersloot, Duggan, and Brosnan.
NAYS Laura and Engebretson.
The President declared the resolution adopted.
On a motion by Laura, it was:
RESOLVED, that having considered the report and
recommendation of the Director of Finance, dated April 13, 1998,
approved for submission by the Mayor, regarding funding for Hegira
Programs, Inc. - Livonia Counseling Center for professional services
provided to the City and its citizens for the fiscal year ending November
30, 1998, the Council does hereby authorize payment to be made in the
amount of $24,000 00 to Hegira Programs, Inc. for fiscal year ending
November 30, 1998, from funds already budgeted for this purpose in
Account#101-279-956-000
The President declared the motion failed for lack of support.
On a motion by Duggan, seconded by Brosnan, it was
#367-98 RESOLVED, that having considered the report and
recommendation of the Director of Finance, dated April 13, 1998,
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approved for submission by the Mayor, regarding funding for Hegira
Programs, Inc. - Livonia Counseling Center for professional services
provided to the City and its citizens for the fiscal year ending November
30, 1998, the Council does hereby refer this item to the Committee of the
Whole for its report and recommendation
A roll call vote was taken on the foregoing resolution with the following result:
AYES Vandersloot, Duggan, Brosnan, and Engebretson.
NAYS Laura.
The President declared the resolution adopted.
On a motion by Brosnan, seconded by Duggan, and unanimously
adopted, it was.
#368-98 RESOLVED, that having considered the report and
recommendation of the Director of Public Works and the City Engineer,
dated April 17, 1998, 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 Hard Rock Concrete, Inc., 38146 Abruzzi
Drive, Westland, Michigan 48185, for completing all work in connection
with the 1998 Concrete Pavement and Catch Basin Repair Program
(Contract 98-G), including repair of pavements damaged due to water
main breaks at various locations throughout the City, for the estimated
total cost of$811,312 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 the
expenditure of a sum not to exceed $11,312.00 from Account No 203-
463-818-100 (Water Main Restoration), $350,000 00 from the Michigan
Transportation Fund (Major Road Account) and $450,000 00 from the
Michigan Transportation Fund (Local Road Account) 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
On a motion by Laura, seconded by Brosnan, and unanimously adopted,
fibs, it was.
#369-98 RESOLVED, that having considered a communication from
the Department of Law, dated April 20, 1998, approved for submission by
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the Mayor, regarding a proposed ordinance amendment adding Chapter
06 (Telecommunications) to Title 12 of the Livonia Code of Ordinances,
as amended, to require telecommunications providers to obtain a permit
and pay annual fees for use of public rights-of-way, pursuant to the
Michigan Telecommunications Act, the Council does hereby refer the
subject of permit and annual fee requirements for telecommunications
providers to the Legislative Committee for its report and recommendation.
Brosnan gave first reading to the following Ordinance
AN ORDINANCE ADDING CHAPTER 06
(TELECOMMUNICATIONS) TO TITLE 12 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 1-epeated herein The above
Ordinance was placed on the table for consideration
On a motion by Laura, seconded by Brosnan, and unanimously adopted,
it was.
#370-98 RESOLVED, that having considered a communication from
the City Planning Commission, dated February 25, 1998, which sets forth
its resolution 2-28-98 adopted on February 24, 1998, with regard to
Petition 98-1-6-1, submitted by the City Planning Commission, pursuant to
Council Resolution 769-97, to determine whether or not to amend Article
XVIII, Section 18 47 of the Zoning Ordinance to create a new control zone
in the area of the intersection of Plymouth and Farmington Roads, and
the Council having conducted a public hearing with regard to this matter
on Monday, April 20, 1998, pursuant to Council Resolution 178-98, the
Council does hereby approve Petition 98-1-6-1 for preparation of the
ordinance for submission to Council, and the Department of Law is
requested to prepare an ordinance amending Ordinance 543, as
amended, in accordance with this resolution.
On a motion by Duggan, it was
RESOLVED, that having considered a communication from
the City Planning Commission, dated February 25, 1998, which sets forth
its resolution 2-25-98, adopted on February 24, 1998, with regard to
Petition 98-2-1-1, submitted by Leland Bittinger requesting a change of
zoning of property located on the south side of Five Mile Road between
Fairfield and Brookfield Avenue in the Northwest 1/4 of Section 22, from
R-7 to R-1, and the Council having conducted a public hearing with
regard to this matter on Monday, April 20, 1998, pursuant to Council
30967
Resolution 178-98, the Council does hereby refer this matter to the
Committee of the Whole for its report and recommendation
The President declared the motion failed for lack of support.
On a motion by Brosnan, seconded by Duggan, it was
RESOLVED, that having considered a communication from
the City Planning Commission, dated February 25, 1998, which sets forth
its resolution 2-25-98, adopted on February 24, 1998, with regard to
Petition 98-2-1-1, submitted by Leland Bittinger requesting a change of
zoning of property located on the south side of Five Mile Road between
Fairfield and Brookfield Avenue in the Northwest 1/4 of Section 22, from
R-7 to R-1, and the Council having conducted a public hearing with
regard to this matter on Monday, April 20, 1998, pursuant to Council
Resolution 178-98, the Council does hereby reject the recommendation of
the Planning Commission and Petition 98-2-1-1 is hereby denied for the
following reasons
1 That the proposed change of zoning is not supported by and is
inconsistent with the Future Land Use Plan, which plan designates
medium density residential land use for the subject area,
2. That there is a strong need in the community to provide for medium
density residential housing so as to achieve a good balance and
variety in the types of housing accommodations to serve the
community; and
3 That the subject area has good locational characteristics to support
medium density housing as set forth in the present zoning
classification.
A roll call vote was taken on the foregoing resolution with the following result:
AYES Duggan and Brosnan
NAYS Vandersloot, Laura and Engebretson
The President declared the resolution denied
On a motion by Laura, seconded by Vandersloot, it was
#371-98 RESOLVED, that having considered a communication from
the City Planning Commission, dated February 25, 1998, which sets forth
its resolution 2-25-98, adopted on February 24, 1998, with regard to
Petition 98-2-1-1, submitted by Leland Bittinger requesting a change of
zoning of property located on the south side of Five Mile Road between
Fairfield and Brookfield Avenue in the Northwest 1/4 of Section 22, from
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R-7 to R-1, and the Council having conducted a public hearing with
regard to this matter on Monday, April 20, 1998, pursuant to Council
Resolution 178-98, the Council does hereby refer this item to the Streets,
Roads and Plats Committee for its report and recommendation.
A roll call vote was taken on the foregoing resolution with the following result:
AYES Vandersloot, Duggan, Laura, and Engebretson
NAYS Brosnan
The President declared the resolution adopted
A communication from Leland M Bittinger, dated April 27, 1998, re
apologizing for not being able to attend the public hearing on April 20, 1998, with
respect to Petition 98-2-1-1 was received and placed on file for the information of the
Council
On a motion by Brosnan, seconded by Duggan, it was
RESOLVED, that having considered a communication from
the City Planning Commission, dated February 27, 1998, which sets forth
its resolution 2-27-98 adopted on February 24, 1998, with regard to
Petition 98-1-2-2 submitted by Rite Aid of Michigan requesting waiver use
approval to utilize an SDD and SDM license for a store located on the
southeast corner of Eight Mile and Merriman Roads in the Northwest 1/4
of Section 2, which property is zoned C-2, and the Council having
conducted a public hearing with regard to this matter on Wednesday,
April 25, 1998, pursuant to Council Resolution 179-98, the Council does
hereby concur in the recommendation of the City Planning Commission
and said Petition 98-1-2-2 is hereby denied, for the following reasons.
1 That the petitioner has failed to affirmatively show that the
proposed uses are in compliance with all the general waiver use
standards and requirements as set forth in Section 19 06 of the
Zoning Ordinance #543,
2. That this area of the City is currently well served with SDM and
SDD licensed establishments selling packaged alcoholic
3 beverages, and
That the petitioner has not sufficiently demonstrated a need in the
area for additional sales of packaged alcoholic beverages such as
are permitted by the utilization of an SDM and SDD license
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A roll call vote was taken on the foregoing resolution with the following result:
AYES Duggan and Brosnan
NAYS Vandersloot, Laura and Engebretson
The President declared the resolution denied.
John J Doyle, of the Doyle Group Attorneys, apologized for not being present at the
public hearing held on April 15, 1998 He stated he did not receive a notice at his
office (although Rite Aid received two notices), and asked if this matter could be
considered now
A communication from John J Doyle, Doyle Group Attorneys, P C , dated
April 30, 1998, re. requesting Rite Aid be given the opportunity to be heard on the
merits of this appeal (Petition 98-1-2-2) was received and placed on file for the
information of the Council
On a motion by Vandersloot, seconded by Laura, it was
#372-98 RESOLVED, that having considered a communication from
the City Planning Commission, dated February 27, 1998, which sets forth
its resolution 2-27-98 adopted on February 24, 1998, with regard to
Petition 98-1-2-2 submitted by Rite Aid of Michigan requesting waiver use
approval to utilize an SDD and SDM license for a store located on the
southeast corner of Eight Mile and Merriman Roads in the Northwest 1/4
of Section 2, which property is zoned C-2, and the Council having
conducted a public hearing with regard to this matter on Wednesday,
April 25, 1998, pursuant to Council Resolution 179-98, the Council does
hereby refer 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, Laura, and Engebretson.
NAYS Duggan and Brosnan.
The President declared the resolution adopted.
On a motion by Brosnan, seconded by Laura, and unanimously adopted,
it was.
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#373-98 RESOLVED, that having considered a communication from
the City Planning Commission, dated February 27, 1998, which sets forth
its resolution 2-31-98, adopted on February 24, 1998, with regard to
Petition 98-2-2-3, submitted by My Place (Just for Kids) requesting waiver
use approval to operate a child care center in a retail shopping center
located on the south side of Five Mile Road between Newburgh Road and
Blue Skies Avenue in the Northeast 1/4 of Section 19, which property is
zoned C-2, and the Council having conducted a public hearing with
regard to this matter on Wednesday, April 15, 1998, pursuant to Council
Resolution 180-98, the Council does hereby refer this matter to the
Committee of the Whole for its report and recommendation.
The petitioner, Richard Shaye, thanked the Council for their support and consideration
in this matter, and stated he hoped an appropriate location in Livonia for his business
would be found.
On a motion by Duggan, seconded by Brosnan, and unanimously
adopted, it was:
#374-98 RESOLVED, that having considered a communication from
the City Treasurer, dated May 1, 1998, regarding the replacement of
sidewalks in the City of Livonia on the following parcels in the following
amounts
Parcels of property and assessment, as outlined in the Treasurer's
letter dated May 1, 1998, is included herein by reference,
which work was done pursuant to Council Resolution 716-96 and in
accordance with the provisions of Section 12.04 340 of the Livonia Code
of Ordinances, Title 12, Chapter 4 and the City Treasurer having
thereafter sent a statement of charges by first class mail to the owners of
property to be assessed wherein notice of the meeting by the City Council
on this date was given and at least 30 days having expired since the
giving of such notice with such charges remaining unpaid, the Council
does hereby pursuant to the provisions of Section 3 08 150 of the Livonia
Code of Ordinances, Title 3, Chapter 8, adopt this resolution wherein a
special assessment is placed upon such property for said charges,
FURTHER, the Council does hereby authorize installment payments in
the number of three (3) installments at 6% interest where assessments
exceed $400 and the property owner has requested such installments,
FURTHER, the Council does hereby request that the City Treasurer shall
give notice of the amounts herein determined to the persons chargeable
therewith, such notice to be sent by first class mail to the last known
address of such persons as shown on the most current assessment roll of
the City, and where payments herein authorized are not made within the
specified time, this fact shall be reported by the City Treasurer to the City
Assessor who shall charge such amount together with a penalty of 10% of
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such amounts against the persons or real property chargeable therewith
on the next general tax roll, and the City Clerk and City Treasurer are
hereby requested to do all things necessary or incidental to the full
performance of this resolution
On a motion by Laura, seconded by Brosnan, and unanimously adopted,
it was.
#375-98 RESOLVED, that having considered a communication from
the City Librarian, dated April 16, 1998, 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 various gifts
and cash donations, in the total amount of$27,050 00, from the sources
indicated therein for use by the Livonia Public Library as indicated in the
aforesaid communication, FURTHER, the Council does hereby
appropriate and credit the amount of $500 00 to Account No. 702-000-
285-271 and $26,550 00 to Account No 223-778-558-010 (Federal
Grants) for the purposes as designated by the donors.
On a motion by Laura, seconded by Brosnan, and unanimously adopted,
it was:
#376-98 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 Brosnan, seconded by Laura, and unanimously adopted,
it was:
#377-98 RESOLVED, that having considered a communication from
the Department of Law, dated April 24, 1998, approved for submission by
the Mayor, the Council does hereby authorize the Department of Law to
acquire a 27 foot strip of commercial property, 150 feet in length, at 33612
Seven Mile Road, owned by Dominic, Elaine, Michael and Kim Soave,
which land is more particularly described as follows.
The South 60 feet of the following parcel of land.
Part of the S E. 1/4 of Section 4, T 1 S , R. 9 E., City of Livonia,
Wayne County, Michigan, described as beginning S 89°57'10"
West, 1,176.20 feet from the Southeast corner of Section 4, thence
S 89°57'10" West, 150 10 feet; thence N 0°05'45" East, 310 feet;
thence N 89°57'10" East, 149 51 feet; thence S 0°00'50" East,
310 feet to the point of beginning Tax Parcel No 016-99-0025-
000 (Seven Mile Road Right-of-Way)
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L subject to the following conditions:
1 That the purchase price shall be in the sum of $16,200 00;
2 That the City of Livonia shall pay for the cost of title work and any
application costs in obtaining a discharge of mortgage on the
property in the sum not to exceed $1,000 00; and
3 That the City's portion of the prorated City, County, County Drain,
School and Community College taxes shall be in a sum not to
exceed $1,000 00
BE IT FURTHER RESOLVED, that a sum not to exceed $18,200 00 is
hereby authorized to be expended from the $12 Million General
Obligation Road Improvement Bond Issue approved by the electorate in
1989 for the acquisition of said Seven Mile Road right-of-way; and the
City Clerk is hereby requested to do all things necessary or incidental to
the full performance of this resolution.
During audience communication, Franci Sitto inquired as to when his request for
transfer of ownership of a 1997 SDD-SDM licensed business from Sesco Enterprises,
Inc. to Lauren Mary, Inc., for a business located at 19213 Newburgh Road, would be
discharged from Committee of the Whole and put on a Regular Meeting.
On a motion by Duggan, seconded by Brosnan, and unanimously
adopted, this 1,368th Regular Meeting of the Council of the City of Livonia was
adjourned at 9.10 p m., May 6, 1998
J McCotter, City Clerk