HomeMy WebLinkAboutCOUNCIL MINUTES 1998-06-22 31051
MINUTES OF THE ONE THOUSAND THREE HUNDRED AND SEVENTY-FIRST
REGULAR MEETING OF THE COUNCIL OF THE CITY OF LIVONIA
On June 22, 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 Laura delivered the invocation
Roll was called with the following result: Joe Laura, Maureen Miller
Brosnan, John J Walsh, Val I Vandersloot, John R. Pastor, Brian Duggan, 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, Michael T Slater, Director of Finance, Robert J Beckley,
Director of Public Works, Mary Rutan, Personnel Director; Linda McCann, Director of
Community Resources, Jeanne Treff, Cable Television Director; Ian Wilshaw, Traffic
Commission, Tom Funke, President of Livonia Police Officers Association, Yvonne
Lillibridge, President of Local 192, Mike Novak, Livonia Board of Trustees Police/Fire
Representative, and Gerald Sabo, Assistant Chief Accountant and Defined Contribution
Member
On a motion by Duggan, seconded by Brosnan, and unanimously
adopted, it was
#487-98 RESOLVED, that the minutes of the 1,370th Regular
Meeting of the Council of the City of Livonia, held June 10, 1998, are
hereby approved as submitted
During audience communication, Michelle Lohman requested approval to
have a block party on July 4, 1998 She was not aware of the procedures with respect
to this request.
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Livonia v Dominic Soave, et al, Wayne County Circuit Court Case No 98-808221-CC,
was received and placed on file for the information of the Council
A communication from the Department of Law, dated June 19, 1998, re
additional information with respect to the execution of agreements with Northwest
Transport, Inc. and ABC Cab to continue the User-Side Subsidy Transportation (Dial-a-
Ride) Program was received and placed on file for the information of the Council
(Consent Agenda #12)
A communication from the Department of Community Resources, dated
June 17, 1998, re additional language in the Northwest Transport, Inc. and ABC Cab
Dial-a-Ride contracts pertaining to cleanliness of cabs was received and placed on file
for the information of the Council (Consent Agenda #12)
Communications from the Engineering Division, dated June 15 and June
17, 1998, re restoration issues contained in Mr and Mrs Dittmar's letter of May 13,
1998, with respect to property located at 18420 Laurel Avenue were received and
placed on file for the information of the Council
From the audience, Robert Provalenko, 14054 Sunbury, requested the
time be changed for his block party (Consent Agenda Item #2) from a start time of 6 00
p m to 300 p m
On a motion by Brosnan, seconded by Duggan, it was
#490-98 RESOLVED, that having considered an application from
Terry Lambert, 33051 Perth, dated June 9, 1998, requesting permission
to close Perth Street between Westmore and Loveland on Saturday, July
11, 1998, from 1 00 p m to 9 00 p m for the purpose of conducting a
block party, the Council does hereby grant permission as requested,
including therein permission to conduct the said affair on Saturday, July
18, 1998, in the event of inclement weather, the action taken herein being
made subject to the approval of the Police Department.
#491-98 RESOLVED, that having considered an application from
Robert D Provalenko, 14054 Sunbury, dated May 29, 1998, requesting
permission to close Sunbury Street between Meadowlark and
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Buckingham Streets on Saturday, July 18, 1998, from 3 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 Saturday, July 25, 1998, in the event of inclement
weather, the action taken herein being made subject to the approval of
the Police Department.
#492-98 RESOLVED, that having considered an application from
Maria Huff, 19726 Donna, dated June 2, 1998, requesting permission to
close Donna Street between Fairfax and Pembroke Streets on Saturday,
August 8, 1998, from 12 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, August 9, 1998, in the event of inclement weather, the action
taken herein being made subject to the approval of the Police
Department.
#493-98 RESOLVED, that having considered an application from
Mary Louwers, 14210 Blackburn, dated May 26, 1998, requesting
permission to close Blackburn and Allen Streets between Perth and
Cranston on Saturday, August 29, 1998, from 4 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, August 30, 1998, in the event of inclement weather, the
action taken herein being made subject to the approval of the Police
Department.
A communication from the Office of the City Clerk, dated May 28, 1998,
re forwarding a communication from the State Treasurer, Department of Treasury, with
respect to the collection of the State Education Tax for the 1998 tax year was received
and placed on file for the information of the Council
#494-98 RESOLVED, that having considered the report and
recommendation of the Superintendent of Public Service and the Director
of Public Works, dated June 4, 1998, which bears the signature of the
Director of Finance and is approved for submission by the Mayor, the
Council does hereby accept the bid of Wolverine Power and Equipment
Company, 25900 W Eight Mile Road, Southfield, Michigan 48034, for
supplying the Public Service Division (Equipment Maintenance Section)
with one (1) skid steer loader (high flow) for a total price of $21,500 00,
the same having been in fact the lowest bid received which meets all
specifications, and the bid of AIS Construction Equipment Corp is hereby
rejected for the reasons indicated in the attachment.
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#495-98 RESOLVED, that having considered a report and
recommendation from the Chief of Police, dated June 21, 1998, which
bears the signature of the Director of Finance and is approved for
submission by the Mayor, with regard to the rental rate for the use of the
Police Training Facility (weapons range) by outside agencies for range
training purposes, the Council does hereby determine to authorize the
use of the said facility at a rental rate of $300 00 per eight (8) hours use
per agency, effective January 1, 1999, and that such fees collected shall
be deposited in the City's General Fund, and to the extent necessary to
be consistent herewith, Council Resolution 981-93 is hereby amended
and/or repealed
#496-98 WHEREAS, there has been presented to the Board of
Directors of The Economic Development Corporation of the City of
Livonia (the "EDC") a proposal relating to the acquisition, construction
and equipping of an apartment home facility located in the City of Livonia,
County of Wayne, State of Michigan, for use by Woodhaven of Livonia, a
Michigan non-profit corporation (the "Applicant"), and
WHEREAS, said proposal appears to have merit as a "Project" as
defined in Act 338, Michigan Public Acts of 1974, as amended (the "Act"),
and to meet the need for programs, services and facilities in the City of
Livonia (the "Incorporating Unit") as described in the Act; and
WHEREAS, although a "Project Plan" as defined in the Act has not yet
been completed or approved with respect to the acquisition, construction
and equipping of the apartment home facility (the "Project"), it is likely that
the Project will require issuance of revenue bonds by the EDC, and
WHEREAS, it is desirable to begin proceedings under the Act with
respect to the Project and to retain the services of bond counsel to begin
preparation of documents with respect to such revenue bonds in order to
induce the Applicant to implement the proposal so as to provide to the
Incorporating Unit and its citizens necessary programs, services and
facilities, and
WHEREAS, in order for the Applicant to be able to be reimbursed from
bond proceeds for certain expenditures made prior to the issuance of the
bonds and the receipt of the bond proceeds, the EDC must declare its
intention to reimburse such expenditures, and
WHEREAS, no director of the EDC has a direct interest in any of the
present matters, or if a director of the EDC does have a direct interest in
the present matters, said interest has been disclosed prior to the taking of
any action by the EDC with respect to such matters, which disclosure
shall become a part of the record of the EDC's official proceedings, and
the interested director has refrained from participation in the EDC's
proceedings relating to the matter
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NOW, THEREFORE, BE IT RESOLVED THAT
Pursuant to Section 8(1) of the Act, the Board of Directors of the
EDC upon the advice of the Applicant hereby proposes that the
land area described in Exhibit A attached hereto and made part
hereof is the land area acquired in the implementation of the
Project and hereby designates to the Incorporating Unit's
legislative body said land area described in Exhibit A as the Project
Area for the Project.
2 Pursuant to Section 12(1) of the Act, the Board of Directors hereby
recommends to the Incorporating Unit's legislative body that
certain land area described in Exhibit B attached hereto, as may be
amended from time to time in minor respects, constitutes that
portion of the territory surrounding the Project Area, if any, which
will be significantly affected by the project (collectively referred to
as the "Project District Area")
3 The Secretary of the EDC be and is hereby authorized to (a)
communicate the proposed Project Area and the recommended
Project District Area boundaries to the Incorporating Unit's
legislative body by conveying to the foregoing legislative body a
certified copy of this resolution, and (b) notify the Chief Executive
Officer of the Incorporating Unit of this EDC's intent to commence a
project in order that two additional directors of the EDC
representative of neighborhood residents and business interests
likely to be affected by the proposed Project may be appointed
4 In order to more fully induce the location of the Project in the
proposed Project Area and subject to the hereinafter special
provisions, the EDC will issue its economic development limited
obligation revenue bonds in an amount presently estimated not to
exceed Four Million Five Hundred Seventy Thousand Dollars
($4,570,000), for the purpose of paying all or part of the cost of the
Project and paying the costs incidental to the issuance of the
bonds Said bonds will be issued pursuant to the Act provided that
a lease, lease purchase contract, installment sales contract or loan
agreement, and other documents and details pertaining to the
bonds are prepared with such provisions and details as are
acceptable to and approved by this Board of Directors and
provided, further, that all other necessary action is taken in
conformance with the Act and provided, further, that the bonds can
be sold
5 The proceedings and agreements relating to the EDC's financial
assistance of the Project and issuance of the bonds shall contain
such provisions and details as shall absolutely and completely
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make certain that under no circumstances will the EDC, the
Incorporating Unit, the State of Michigan or any of its taxpayers or
citizens, ever be required to pay the principal of and interest on, or
any costs relating to the bonds from tax revenues or other funds of
such governmental units, and shall in addition contain provisions
fully protecting the EDC, the Incorporating Unit and the State of
Michigan against any other liability and all costs relating to the
bonds or the Project.
6 By adoption of this resolution the EDC assumes no obligation or
liability to the Applicant for any loss or damage that may result to
the Applicant from the adoption of this resolution and all costs and
expenses in connection with the acquisition of the Project and all
costs for the issuance of the bonds and any and all other costs
relating to the acquisition, financing, ownership or operation of the
Project shall be paid from the proceeds of sale of the bonds or by
the Applicant.
7 The firm of Miller, Canfield, Paddock and Stone, P L.0 of Detroit,
Michigan, is hereby designated and retained by the EDC as bond
counsel with respect to the revenue bonds to be issued in
connection with the Project and is authorized and directed to
prepare and submit to all appropriate parties all proceedings,
agreements and other documents as shall be necessary or
appropriate in connection with the issuance of such bonds, to make
application on behalf of the EDC to the United States Internal
Revenue Service and other governmental agencies for such
income tax and other rulings and approvals as may be necessary
in relation to the issuance of such bonds, and the Secretary of this
EDC is authorized to execute such powers of attorney and other
documents as may be appropriate in connection with the foregoing
The legal fees of Miller, Canfield, Paddock and Stone, P L.0 for
work done in connection with the Project shall be paid from the
proceeds of sale of such bonds or by the Applicant and in any
event shall be at no cost to the EDC
8 The EDC makes the following declarations for the purpose of
complying with the reimbursement rules of Treas Reg § 1 150-2
issued pursuant to the Internal Revenue Code of 1986, as
amended
(a) As of the date hereof, the EDC reasonably expects and intends to
reimburse the Applicant for the expenditures described in (b) below
with proceeds of debt to be incurred by the EDC
(b) The expenditures described in this paragraph (b) are for the costs
of acquiring the project which were paid or will be paid subsequent
to sixty (60) days prior to the date hereof
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(c) The maximum principal amount of debt expected to be issued for
the Project, including issuance costs, is $4,570,000
(d) A reimbursement allocation of the expenditures described in (b)
above with the proceeds of the borrowing described herein will
occur not later than 18 months after the later of (i) the date on
which the expenditure is paid, or (ii) the date the Project is placed
in service or abandoned, but in no event more than three (3) years
after the original expenditure is paid (the "Reimbursement Period
Rules") A reimbursement allocation is an allocation in writing that
evidences the EDC's use of the proceeds of the debt to be issued
for the Project to reimburse the Applicant for a capital expenditure
made pursuant to this Resolution
(e) The expenditures described in (b) above are "capital expenditures"
as defined in Treas Reg § 1 150-1(b), which are any costs of a
type which are properly chargeable to a capital account (or would
be so chargeable with a proper election or with the application of
the definition of placed in service under Treas Reg § 1 150-2(c))
under general Federal income tax principles (as determined at the
time the expenditure is paid)
(f) No proceeds of the borrowing paid to the Applicant in
reimbursement pursuant to this Resolution will be used in a
manner described in Treas Reg § 1 150-2(h) with respect to
abusive uses of such proceeds, including, but not limited to, using
funds corresponding to the proceeds of the borrowing in a manner
that results in the creation of replacement proceeds (within Treas
Reg § 1 148-1) within one year of the reimbursement allocation
described in (d) above
(g) Expenditures for the Project to be reimbursed from the proceeds of
the borrowing constituting (i) costs for the issuance of the debt, (ii)
an amount in excess of the lesser of$100,000 or 5 percent of the
proceeds of the borrowing, and/or (iii) preliminary expenditures not
exceeding twenty (20) percent of the issue price of the borrowing,
within the meaning of Treas Reg § 1 150-2(f) (such preliminary
expenditures include architectural, engineering, surveying, soil
testing and similar costs incurred prior to construction of the
Project, but do not include land acquisition, site preparation, and
similar costs incident to commencement of construction), are not
subject to the limitations with respect to time of payment of (b)
above or the Reimbursement Period Rules in (d) above
9 All resolutions and parts of resolution insofar as they conflict with
the provisions of this resolution be and the same hereby are
rescinded
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EXHIBIT A
PROJECT AREA
Those premises situated in the City of Livonia, County of Wayne, State of
Michigan, described as follows
29667 Wentworth, Livonia, Michigan 48154-3256
First street north of Five Mile Road, west of Middlebelt Road
That part of the Southeast 1/4 of Section 14, Town 1 South, Range 9 East, City
of Livonia, Wayne County, Michigan, described as. The West 360 00 feet of the
South 1/2 of the South 1/2 of the Northeast 1/4 of the Southeast 1/4 of Section
14, subject to the restriction in the use of the above-described property that
vehicular access will not be provided through Hidden Lane, the private drive
abutting the property on the South
EXHIBIT B
PROJECT DISTRICT AREA
Project District Area is as described on Exhibit A attached hereto
#497-98 RESOLVED, that having considered a communication from
the Director of Public Works and the City Engineer, dated June 2, 1998,
approved for submission by the Mayor, to which is attached a letter from
Mr Christopher B Anderson, dated May 26, 1998, requesting elimination
of the sidewalk requirement with respect to the new home being
constructed at 18717 Deering, the Council does hereby deny this request
inasmuch as the petitioner has failed to appear to address this matter and
for the further reason that there are intermittent sidewalks on the same
side of the street in this particular area, and omitting the sidewalk on the
subject property would be detrimental to the best interests of the City and
its residents
31060
A communication from the Engineering Division, dated May 27, 1998, re
administrative response to CR 145-98 and CR 146-98 re the installation of sidewalk
on property located at 36475 Five Mile Road (St. Mary Hospital) was received and
placed on file for the information of the Council
#498-98 RESOLVED, that having considered the report and
recommendation of the Director of Community Resources, dated May 28,
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 bid price of Kimcraft Printers, Inc., 7757 Ronda Drive, Canton,
Michigan 48187, for printing 50,000 copies of the 40 page publication of
the Guide to City Services, for the sum of$16,804 00, the same having
been in fact the lowest bid received and meets all specifications;
FURTHER, the Council does hereby appropriate and authorize the
expenditure of the sum of $16,804 00, plus photographic, labeling and
distribution costs in the amount of $10,000 00, for a total amount of
$26,804 00 for this project.
#499-98 RESOLVED, that having considered a communication from
the Director of Community Resources, dated May 29, 1998, which bears
the signature of the Director of Finance, is approved by the City Attorney
and is approved for submission by the Mayor, and to which is attached
proposed agreements for the User-Side Subsidy Transportation Program
(Dial-a-Ride) for senior and handicapped citizens between the City of
Livonia, Northwest Transport Inc., 31376 Industrial Road, Livonia,
Michigan 48150, and ABC Cab, 36977 Amrhein, Livonia, Michigan 48150,
for the period July 1, 1998, through December 30, 1998, the Council
does, for and on behalf of the City of Livonia, authorize the Mayor and
City Clerk to execute the said agreements in the manner and form herein
submitted; FURTHER, the Council does hereby authorize the Mayor and
City Clerk to execute an agreement with SMART for support of this
program, provided that the agreement is approved as to form by the
Department of Law
#500-98 RESOLVED, that having considered a communication from
the Director of Community Resources, dated June 1, 1998, which bears
the signature of the Director of Finance, is approved by the City Attorney
and approved for submission by the Mayor, and to which is attached a
proposed Agreement for shuttle services to Ann Arbor and Ypsilanti
hospitals for senior and disabled residents of Livonia, between the City of
Livonia and HelpSource, 118 S Washington, Ypsilanti, Michigan 48197,
for the period July 1, 1998 through June 30, 1999, the Council does, for
and on behalf of the City of Livonia, authorize the Mayor and City Clerk to
execute the said agreement in the manner and form herein submitted,
FURTHER, the Council does hereby authorize the Mayor and City Clerk
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to execute an agreement with SMART for support of this program,
provided that the agreement is approved as to form by the Department of
Law; FURTHER, the Council does hereby waive, to the extent applicable,
such licensing requirements as may be prescribed in the Livonia Code of
Ordinances with respect to the services being provided herein
#501-98 RESOLVED, that having considered a communication from
the City Planning Commission, dated June 4, 1998, which sets forth its
resolution 5-74-98, adopted on May 19, 1998, with regard to a request
from Ron Hartlieb for a one-year extension of approval of the preliminary
plat for the development of a detached condominium project on property
located between the Hees Avenue dead-ends east of Linville Avenue and
north of Joy Road in the Southeast 1/4 of Section 32, which preliminary
plat was previously approved in Council Resolution 532-97, adopted on
June 11, 1997, the Council does hereby concur in the recommendation of
the Planning Commission and grant the requested extension for a one-
year period, subject to compliance with all of the conditions and
requirements set forth in the original preliminary plat approval
#502-98 RESOLVED, that having considered a communication from
the Department of Law, dated May 20, 1998, approved for submission by
the Mayor, with respect to the matter of collecting amounts due the City
from C J Nodus and/or Paper Bag Productions, Ltd in connection with
the Summer 1997 Livonia Youtheatre, the City Council does hereby
authorize Ronald Reinke, Superintendent of Parks and Recreation,
and/or Karen Kapchonick, Assistant Superintendent, to file and represent
the City with respect to said claim with the Small Claims Division of the
16th District Court.
#503-98 RESOLVED, that in the event the City wishes to pursue any
claim for money damages, the amount of which does not exceed the
jurisdictional limit of small claims courts under the laws of this State, any
elected or appointed officer and/or any employee having direct and
personal knowledge of the facts in dispute may file on behalf of the City,
and represent the City in prosecuting, such claim with the Small Claims
Division of the 16th District Court.
A communication from the Department of Law, dated May 15, 1998, re
administrative response to CR 306-98 - additional bond requirements for condominium
projects which would provide for the protection of trees -was received and placed on
file for the information of the Council
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A communication from the Engineering Division, dated June 8, 1998, re
administrative response to CR 380-98 - status of the sewer installation and problems
thereof with respect to the property located at 18420 Laurel Avenue - was received and
placed on file for the information of the Council
#504-98 RESOLVED, that having considered the report and
recommendation of the Director of Public Works and the City Engineer,
dated June 8, 1998, approved for submission by the Mayor, regarding the
status of the sewer installation and problems thereof with respect to the
property located at 18420 Laurel Avenue, the Council does hereby refer
this matter to the Mayor for a report and recommendation
#505-98 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
Wednesday, September 2, 1998, at 7 00 p m at the City Hall, 33000 Civic
Center Drive, Livonia, Michigan, with respect to the following items
(a) Petition 98-4-1-8, submitted by Carl Creighton on behalf of Ronald
Borkowski, for a change of zoning of property located on the
southwest corner of Clarita and Brentwood Streets in the Northwest
1/4 of Section 12, from RUF to R-1, the City Planning Commission
in its resolution 6-84-98 having recommended to the City Council
that Petition 98-4-1-8 be denied, and
(b) Petition 98-4-6-2, submitted by the City Planning Commission,
pursuant to Council Resolution 852-97, to determine whether or
not to amend Subsections (b), (c), (d), (e) and (j) of Section 18 42A
of Zoning Ordinance No 543, as amended, with respect to certain
definitions and regulations pertaining to wireless communication
facilities, the City Planning Commission in its resolution 6-85-98
having recommended to the City Council that Petition 98-4-6-2 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 change of zoning
as set forth above, first to be published in the official newspaper of the
City or a newspaper of general circulation in the City of Livonia as well as
to, not less than fifteen (15) days prior to said public hearing, cause to
have notice to be given by certified mail to each public utility company
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and to each railroad company owning or operating any public utility or
railroad within the districts or zones affected, and FURTHER, the City
Clerk is requested to do all other things necessary or incidental to the full
performance of this resolution
#506-98 RESOLVED, that having considered a communication from
John B Carlin, Jr , Plunkett & Cooney, dated June 11, 1998, which in
accordance with the provisions of Section 19 08 of Ordinance 543, as
amended, the Zoning Ordinance, takes an appeal from a determination
made on June 9, 1998, by the City Planning Commission in its resolution
6-88-98 with regard to Petition 98-4-2-6 submitted by Total Entertainment
Restaurant Corporation requesting waiver use approval to operate a full
service restaurant within the 7-Farmington Shopping Center located on
the north side of Seven Mile Road between Farmington Road and Gill
Road in the Southeast 1/4 of Section 4, which property is zoned C-2, the
Council does hereby designate Monday, August 17, 1998, at 7 00 p m. as
the date and time for conducting a public hearing with regard to this
matter, such hearing to be held at the City Hall, 33000 Civic Center Drive,
Livonia, Michigan, and the City Clerk is hereby requested to do all things
necessary in order to give proper notice in writing, as well as by the
publication of a notice in the City's official newspaper of such hearing and
the date and place thereof, in compliance with the requirements set forth
in Ordinance 543, as amended, the Zoning Ordinance of the City of
Livonia.
#507-98 RESOLVED, that having considered a communication from
John B Carlin, Jr , Plunkett & Cooney, dated June 11, 1998, which in
accordance with the provisions of Section 19 08 of Ordinance 543, as
amended, the Zoning Ordinance, takes an appeal from a determination
made on June 9, 1998, by the City Planning Commission in its resolution
6-87-98 with regard to Petition 98-5-2-8 submitted by Total Entertainment
Restaurant Corporation requesting waiver use approval to utilize a Class
C license in connection with a full service restaurant within the 7-
Farmington Shopping Center located on the north side of Seven Mile
Road between Farmington Road and Gill Road in the Southeast 1/4 of
Section 4, which property is zoned C-2, the Council does hereby
designate Monday, August 17, 1998, at 7 00 p m as the date and time for
conducting a public hearing with regard to this matter, such hearing to be
held at the City Hall, 33000 Civic Center Drive, Livonia, Michigan, and the
City Clerk is hereby requested to do all things necessary in order to give
proper notice in writing, as well as by the publication of a notice in the
City's official newspaper of such hearing and the date and place thereof,
in compliance with the requirements set forth in Ordinance 543, as
amended, the Zoning Ordinance of the City of Livonia.
tiir A roll call vote was taken on the foregoing resolutions with the following result:
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AYES Laura, Brosnan, Walsh, Vandersloot, Pastor, Duggan, and
Engebretson
NAYS None
On a motion by Laura, seconded by Brosnan, it was
RESOLVED, that having considered the report and
recommendation of the Committee of the Whole, dated May 26, 1998,
submitted pursuant to Council Resolution 305-98, and a communication
from the City Planning Commission, dated March 31, 1998, which
transmits its resolution 3-46-98 adopted on March 24, 1998, requesting
approval of a Landscape Plan with regard to Petition 97-9-2-25 (Navin
Oaks Condominium Development), submitted by Tri West Development in
connection with a proposal to construction cluster housing on property
located on the east side of Farmington Road between Norfolk and Fargo
Roads in the Northwest 1/4 of Section 3, the Council does hereby concur
in the recommendation of the Planning Commission and the Landscape
Plan submitted in connection with this petition is hereby approved, as
amended, subject to the following conditions
1 That the Landscape Plan marked Sheet SE by Ambit Land
Surveyors, as received by the Planning Commission on March 10,
1998, is hereby approved and shall be adhered to with the
additional provision that additional trees and shrubs shall be
installed on the west side of the development along Farmington
Road, and additional landscaping shall be installed in the middle of
the cul-de-sac;
2 That all disturbed lawn areas shall be sodded in lieu of
hydroseeding, and
3 That all underground sprinklers are to be provided for all
landscaped and sodded areas, and all planted materials shall be
installed to the satisfaction of the Inspection Department and
thereafter permanently maintained in a healthy condition
On a motion by Duggan, seconded by Pastor, it was
RESOLVED, that the Council does hereby determine to
substitute a resolution in lieu of the foregoing resolution which would
approve the Landscape Plan as received by the City Council on May 28,
1998, which included a 28' wide road and no additional parking spaces.
A roll call vote was taken on the motion to substitute with the following result:
AYES Brosnan, Walsh, Vandersloot, Pastor, Duggan, and Engebretson.
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NAYS Laura
The President declared the motion to substitute adopted
On a motion by Duggan, seconded by Pastor, and unanimously adopted,
it was
#508-98 RESOLVED, that having considered the report and
recommendation of the Committee of the Whole, dated May 26, 1998,
submitted pursuant to Council Resolution 305-98, and a communication
from the City Planning Commission, dated March 31, 1998, which
transmits its resolution 3-46-98 adopted on March 24, 1998, requesting
approval of a Landscape Plan with regard to Petition 97-9-2-25 (Navin
Oaks Condominium Development), submitted by Tri West Development in
connection with a proposal to construction cluster housing on property
located on the east side of Farmington Road between Norfolk and Fargo
Roads in the Northwest 1/4 of Section 3, the Council does hereby concur
in the recommendation of the Planning Commission and the Landscape
Plan submitted in connection with this petition is hereby approved, as
amended, subject to the following conditions
1 That the Landscape Plan prepared by Ambit Land Surveyors,
received by the City Council on May 28, 1998, which includes a 28'
wide road and contains no additional parking spaces, is hereby
approved and shall be adhered to with the additional provision that
additional trees and shrubs shall be installed on the west side of
the development along Farmington Road, and additional
landscaping shall be installed in the middle of the cul-de-sac;
2. That all disturbed lawn areas shall be sodded in lieu of
hydroseeding, and
3 That all underground sprinklers are to be provided for all
landscaped and sodded areas, and all planted materials shall be
installed to the satisfaction of the Inspection Department and
thereafter permanently maintained in a healthy condition
On a motion by Brosnan, seconded by Laura, and unanimously adopted,
it was
#509-98 RESOLVED, that having considered the report and
recommendation of the Capital Improvement Committee, dated June 2,
1998, submitted pursuant to Council Resolution 632-97, concerning the
subject of the entire Pentagon project, the Council does hereby refer the
matter of the possible installation of a traffic signal at the intersection of
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Seven Mile and North Roads (access road to Pentagon property site) to
the Traffic Commission for its report and recommendation
On a motion by Duggan, seconded by Brosnan, and unanimously
adopted, it was
#510-98 RESOLVED, that having considered the report and
recommendation of the Water, Sewer and Waste Committee, dated June
2, 1998, submitted pursuant to Council Resolution 102-98, and a
communication from the Public Utility Manager, the Director of Public
Works, and the Chairman of the Water and Sewer Board, dated January
12, 1998, which bears the signature of the Director of Finance and is
approved for submission by the Mayor, the Council does hereby authorize
final payment in the amount of$76,336 45 to the Township of Redford,
which sum includes the full and complete balance due to cover the City's
share of the cost associated with the Inkster Road Water Main Project
between Seven Mile and Grand River Avenue, which project was
authorized in Council Resolution 367-95 adopted on June 5, 1995, and
the Council does hereby appropriate and authorize the expenditure of an
additional sum of $46,669 53 from the proceeds of the 1993 $5 Million
Revenue Bond (Account No 592---158-031) for this purpose
A communication from Barry Sherman, President of the Livonia
Lieutenants and Sergeants Association, dated June 22, 1998, re the Retirement
Board representative issue was received and placed on file for the information of the
Council (CR 310-98)
A communication from the Department of Finance, dated June 5, 1998,
re Defined Benefit Plan members age and service statistics was received and placed
on file for the information of the Council (CR 310-98)
On a motion by Walsh, seconded by Laura, and unanimously adopted, it
was.
#511-98 RESOLVED, that having considered the report and
recommendation of the Legislative Committee, dated June 3, 1998,
submitted pursuant to Council Resolution 310-98, and a communication
from Councilmember Val Vandersloot, dated April 1, 1998, to which is
attached a request from Yvonne L. Lillibridge, on behalf of Local 192
members and unrepresented General Employees, to amend the
Retirement Ordinance so as to allow a Defined Contribution Plan member
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to be eligible for election to the Board of Trustees of the Livonia
Employees Retirement System, the Council does hereby request that the
Department of Law provide an opinion regarding the impact of the
proposed changes to the Board of Trustees of the Livonia Employees
Retirement System upon collective bargaining agreements
Duggan gave first reading to the following Ordinance.
AN ORDINANCE AMENDING SUBSECTION D OF SECTION
120 OF TITLE 13, CHAPTER 20 (LIVONIA SEWAGE
DISPOSAL SYSTEM) 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.
On a motion by Duggan, seconded by Laura, and unanimously adopted, it
was:
#512-98 RESOLVED, that having considered the report and
recommendation of the Water, Sewer and Waste Committee, dated June
9, 1998, the Council does hereby refer the matter of a water and sewer
training session for Councilmembers to the Water, Sewer and Waste
Committee for its report and recommendation.
Vandersloot left the podium at 8.38 p m. due to a conflict of interest with respect to the
next Agenda item
Duggan left the podium at 8 40 p m , also due to a conflict of interest with respect to the
next Agenda item
On a motion by Laura, seconded by Walsh, it was
RESOLVED, that having considered a communication from
the City Assessor, dated May 19, 1998, approved for submission by the
Mayor, with regard to a request from Joe Durso, 15530 Farmington,
Livonia, Michigan 48154, who is representing Tonia Aloe, 17921 Fairfield,
Livonia, Michigan 48152, and in accordance with the provisions of 1967
PA 288, as amended, as well as Section 18 46 of Ordinance 543, as
amended, the Council does hereby approve of the proposed division of
Tax Item No 46 013 99 0026 000 into two (2) parcels, the legal
descriptions of which shall read as follows
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PARCEL A.
The North 66 78 feet of the South 306 20 feet of the East 1/2 of the East
1/2 of the Northeast 1/4 of Section 4, T 1 S , R. 9 E , except the East
279 00 feet. City of Livonia, Wayne County, Michigan Subject to
easements of record
PARCEL B.
The East 279 00 feet of the North 66 78 feet of the South 306 20 feet of
the East 1/2 of the East 1/2 of the Northeast 1/4 of Section 4, T 1 S , R. 9
E , except the East 60 00 feet. City of Livonia, Wayne County, Michigan
Subject to easements of record
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.
A roll call vote was taken on the foregoing resolution with the following result:
AYES Laura and Walsh.
NAYS Brosnan, Pastor and Engebretson
The President declared the resolution denied
On a motion by Brosnan, seconded by Pastor, it was
#513-98 RESOLVED, that having considered a communication from
the City Assessor, dated May 19, 1998, approved for submission by the
Mayor, with regard to a request from Joe Durso, 15530 Farmington,
Livonia, Michigan 48154, who is representing Tonia Aloe, 17921 Fairfield,
Livonia, Michigan 48152, and in accordance with the provisions of 1967
PA 288, as amended, as well as Section 18 46 of Ordinance 543, as
amended, the Council does hereby refer the matter of the proposed
division of Tax Item No 46 013 99 0026 000 into two (2) parcels 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 Laura, Brosnan, Walsh, Pastor, and Engebretson
NAYS None
The President declared the resolution adopted
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Vandersloot and Duggan returned to the podium at 8 41 p m
On a motion by Duggan, seconded by Vandersloot, it was
#514-98 RESOLVED, that having considered a communication from
the City Assessor, dated May 28, 1998, approved for submission by the
Mayor, with regard to a request from Brian Shay, Personal Representative
for the estate of Daniel Shay, 18535 Deering, Livonia, Michigan 48152,
and in accordance with the provisions of 1967 PA 288, as amended, as
well as Section 18 46 of Ordinance 543, as amended, the Council does
hereby determine to deny the request for dividing Tax Item No 46 045 02
0232 001 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
A roll call vote was taken on the foregoing resolution with the following result:
AYES Laura, Brosnan, Walsh, Vandersloot, Pastor, and Duggan
NAYS Engebretson
The President declared the resolution adopted
On a motion by Laura, seconded by Pastor, it was
RESOLVED, that having considered a communication from
the City Engineer, dated June 12, 1998, approved for submission by the
Mayor, to which is attached a letter from Mr Gerald D Schopper, dated
May 29, 1998, requesting elimination of the sidewalk requirement and to
waive requirement to move the fire hydrant relative to 9012 Floral
Avenue, the Council does hereby deny this request inasmuch as there
are intermittent sidewalks in this particular neighborhood and omitting the
sidewalks on the subject property would be detrimental to the best
interests of the City and its residents
A communication from the Engineering Division, dated June 12, 1998, re
the request to waive sidewalks at 9012 Floral Avenue was received and placed on file
for the information of the Council
Gerald Schopper, 38500 Ann Arbor Trail, stated that the City installed the fire hydrant;
the one down the street is 7' back and this one is 10'9" back. It would have to be
moved if a sidewalk was to be put in He stated if his request was denied, he would put
the sidewalk in if the City would move the hydrant. And if the sidewalk was required, it
would be the only one on the street.
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On a motion by Brosnan, seconded by Vandersloot, it was
RESOLVED, that the Council does hereby determine to
substitute a resolution in lieu of the foregoing denial resolution which
would refer this matter to the Committee of the Whole for its report and
recommendation
A roll call vote was taken on the motion to substitute with the following result:
AYES Brosnan, Vandersloot, and Duggan
NAYS Laura, Walsh, Pastor and Engebretson
The President declared the motion denied
On a motion by Vandersloot, seconded by Brosnan, it was.
RESOLVED, that the Council does hereby determine to
substitute a resolution in lieu of the foregoing denial resolution which
would refer this matter to the Streets, Roads and Plats Committee for its
report and recommendation
A roll call vote was taken on the motion to substitute with the following result:
AYES Brosnan, Walsh, Vandersloot, Duggan, and Engebretson
NAYS Laura and Pastor
The President declared the motion to substitute adopted
On a motion by Vandersloot, seconded by Brosnan, it was
#515-98 RESOLVED, that having considered a communication from
the City Engineer, dated June 12, 1998, approved for submission by the
Mayor, to which is attached a letter from Mr Gerald D Schopper, dated
May 29, 1998, requesting elimination of the sidewalk requirement and to
waive requirement to move the fire hydrant relative to 9012 Floral
Avenue, the Council does hereby refer this matter 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 Brosnan, Walsh, Vandersloot, Duggan, and Engebretson
NAYS Laura and Pastor
The President declared the substitute resolution adopted
31071
On a motion by Duggan, seconded by Pastor, it was
#516-98 RESOLVED, that having considered a communication from
the Director of Community Resources, dated May 28, 1998, which bears
the signature of the Director of Finance and is approved for submission
by the Mayor, regarding the purchase of new computer equipment,
cabinet modifications and appropriate new signage to update the two
City-owned City Hall in the Mall kiosks, the Council does hereby refer this
item to the Committee of the Whole for its report and recommendation
A roll call vote was taken on the foregoing resolution with the following result:
AYES Brosnan, Pastor, Duggan, and Engebretson
NAYS Laura, Walsh and Vandersloot.
The President declared the resolution adopted
On a motion by Duggan, seconded by Brosnan, and unanimously
adopted, it was
#517-98 RESOLVED, that having considered a communication from
the City Planning Commission, dated May 11, 1998, which transmits its
resolution 5-66-98, adopted on May 5, 1998, with regard to Petition 98-4-
2-7, submitted by Modern Moving Company requesting waiver use
approval for outdoor parking of moving company vehicles on property
located on the south side of Eight Mile Road between Merriman Road and
Osmus Avenue in the Northeast 1/4 of Section 3, which property is zoned
M-1, the Council does hereby refer this matter to the Committee of the
Whole for its report and recommendation.
On a motion by Vandersloot, seconded by Walsh, and unanimously
adopted, it was
#518-98 RESOLVED, that having considered a communication from
the City Planning Commission, dated June 3, 1998, which transmits its
resolution 5-80-98 adopted on May 19, 1998, with regard to Petition 98-5-
8-16 submitted by Eugene Puccio, requesting site plan approval in
connection with a proposal to construct an office building on property
located at 15604 Farmington Road in the Southwest 1/4 of Section 15,
pursuant to the provisions set forth in Section 18 47 of Ordinance No
543, as amended, the Council does hereby concur in the recommendation
of the Planning Commission and Petition 98-5-8-16 is hereby approved
and granted, subject to the following conditions
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1 That the Site and Landscape Plan marked Sheet SP-1 prepared by
Carl Knaebel, P E , as received by the Planning Commission on
April 28, 1998, is hereby approved and shall be adhered to,
2 That all disturbed lawn areas shall be sodded in lieu of
hydroseeding,
3 That underground sprinklers are to be provided for all landscaped
and sodded areas and all planted materials shall be installed to the
satisfaction of the Inspection Department and thereafter
permanently maintained in a healthy condition,
4 That the Exterior Building Elevation Plan marked Sheet A-2
prepared by Carl Knaebel, P E as received by the Planning
Commission on April 28, 1998 is hereby approved and shall be
adhered to,
5 That the brick used in the construction of the building shall be full
face four (4") inch brick, no exceptions, and
6 That the three walls of the trash dumpster area shall be
constructed out of the same brick used in the construction of the
building and the enclosure gates shall be maintained and when not
in use, closed at all times
On a motion by Duggan, seconded by Brosnan, it was
#519-98 RESOLVED, that having considered a communication from
the City Planning Commission, dated June 4, 1998, which transmits its
resolution 5-81-98 adopted on May 19, 1998, with regard to Petition 98-5-
8-17 submitted by Abington Development, Inc., requesting approval of the
Master Deed, Bylaws and a site plan in connection with a proposal to
construct a site condominium development on property located at 29505
Clarita Avenue in the Northeast 1/4 of Section 11, pursuant to the
provisions set forth in Section 18 62 of Ordinance No 543, as amended,
the Council does hereby reject the recommendation of the Planning
Commission and Petition 98-5-8-17 is hereby denied inasmuch as the
petitioner has failed to appear to address this matter
A communication from Larry Lenchner, President of Abington
Development, Inc., received by the Office of the City Clerk on June 18, 1998, re
explanation for not attending the Council Meeting with respect to Petition 98-5-8-17 that
31073
was held on June 15, 1998, was received and placed on file for the information of the
Council
The petitioner, Larry Lenchner, President of Abington Development, Inc., 770 S
Adams, Birmingham, MI 48009, stated that if a notice was mailed to him notifying him of
the date of the Council Meeting, he did not receive it, and apologized for not being in
attendance
A roll call vote was then taken on the foregoing resolution with the following result:
AYES Brosnan, Walsh, Pastor, and Duggan
NAYS Laura, Vandersloot and Engebretson.
The President declared the resolution adopted
On a motion by Duggan, seconded by Brosnan, it was
#520-98 RESOLVED, that the Council does hereby determine on its
own motion, pursuant to Section 23 01(a) of the Livonia Zoning
Ordinance, to refer to and request that the City Planning Commission
conduct a public hearing on the question of whether the property located
at 29505 Clarita Avenue in the Northeast 1/4 of Section 11, (for which a
site condominium development was proposed in Petition 98-5-8-17,
submitted by Abington Development, Inc.) should be rezoned from the
current R-2 zoning classification back to the previous R-5 zoning
classification, and thereafter submit a report and recommendation to
Council
A roll call vote was taken on the foregoing resolution with the following result:
AYES Laura, Brosnan, Pastor, Duggan, and Engebretson
NAYS Walsh and Vandersloot.
The President declared the resolution adopted
On a motion by Brosnan, seconded by Duggan, and unanimously
adopted, it was
#5231-98 RESOLVED, that having considered the report and
recommendation of the Department of Law, dated June 18, 1998, which
bears the signature of the Director of Finance, is approved by the Director
of Public Works and is approved for submission by the Mayor, the Council
does hereby authorize the Department of Law to stipulate to the entry of
the attached Consent Decree in the case of United States of America v
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Crestwood Development, et al, with respect to remediation of the Nankin
Township Landfill in Westland, Michigan, with such changes as may be
necessary; and the Mayor and City Clerk are hereby authorized to
execute same, for and on behalf of the City of Livonia, and to do all things
necessary or incidental to the full performance of this resolution
On a motion by Duggan, seconded by Walsh, and unanimously adopted,
- it was.
#522-98 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 Duggan, seconded by Vandersloot, and unanimously
adopted, it was
#523-98 RESOLVED, that having considered a communication from
the Department of Law, dated June 18, 1998, approved for submission
by the Mayor, the Council does hereby amend and revise Council
Resolution 450-98, so as to have the same read as follows.
RESOLVED, that having considered a letter from the
Michigan Liquor Control Commission, dated April 8, 1998, and a
report and recommendation from the Chief of Police, dated May 28,
1998, approved for submission by the Mayor, the Council does
hereby approve of the request from Kreative Ventures, Inc. for
transfer of ownership of a 1997 Class C licensed business (without
Dance Permit) from De Palma, Inc. for a business located at 31735
Plymouth Road, Livonia, Michigan, Wayne County; and the Council
does hereby recommend denial of the request for a Dance Permit
and approval of the request for an Entertainment Permit; and the
City Clerk is hereby requested to forward a certified copy of this
resolution to the Michigan Liquor Control Commission
No one wished to speak during audience communication at the end of the
meeting
Councilmember Pastor reiterated his speedy recovery wishes to his
mother, and Councilmember Duggan wished her the same
Council President Engebretson announced that this Saturday, June 27,
1998, is Livonia's Annual Garden Walk, sponsored by "Friends for Development of
Greenmead," which will be held from 10 00 a m to 5 00 p m Tickets are available at
Greenmead, Livonia City Hall and Libraries, and Jacobson's
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On a motion by Duggan, seconded by Brosnan, and unanimously
adopted, this 1,371 st Regular Meeting of the Council of the City of Livonia was
adjourned at 9.10 p m , June 22, 1998
4
J.- McCotter, City Clerk