HomeMy WebLinkAboutCOUNCIL MINUTES 1998-03-23 30851
MINUTES OF THE ONE THOUSAND THREE HUNDRED AND SIXTY-FIFTH
REGULAR MEETING OF THE COUNCIL OF THE CITY OF LIVONIA
On March 23, 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 Pastor delivered the invocation
Roll was called with the following result. John R. Pastor, Brian Duggan,
Joe Laura, Maureen Miller Brosnan, John J Walsh, Val I Vandersloot, and Jack
Engebretson. Absent: None
Elected and appointed officials present: Jack E. Kirksey, Mayor; S Allen
Nowak, Planner IV, John Hill, Assistant City Engineer; Sean P Kavanagh, City
Attorney; Joan McCotter, City Clerk; Karen A. Szymula, Director of Legislative Affairs,
Linda McCann, Director of Community Resources, Robert J Beckley, Director of Public
Works, and James Inglis, Director of Housing
On a motion by Brosnan, seconded by Duggan, and unanimously
adopted, it was
#202-98 RESOLVED, that the minutes of the 1,364th Regular
Meeting of the Council of the City of Livonia, held March 11, 1998, are
hereby approved as submitted
No one wished to speak during audience communication
The Council President acknowledged the attendance of Boy Scout Troop
#782, from St. Andrew's Church, in the audience
Councilmember Duggan wished Council President Engebretson a "Happy
Birthday" (today)
A communication from the Engineering Division, dated March 16, 1998,
re status of the Hillcrest Court Development Project, at Five Mile and Spanich Court,
30852
on the east side of Kroger, was received and placed on file for the information of the
Council
A communication from the Engineering Division, dated March 16, 1998,
re status of the Pines of Winfield/Sheffield Estates Subdivisions was received and
placed on file for the information of the Council
Mayor Kirksey spoke to the issue of Advanced Life Support, which service
began at 7 00 a.m. in Livonia on February 25, 1998 As of March 10, CEMS
(Community EMS) responded to 179 calls and transported 93 patients, 93 calls had
been ALS situations The Mayor reported that the Livonia Firefighters and CEMS are
working very well together, and that we hope to have our firefighters providing this
service within the next ten months to one year
A communication from the Department of Finance, dated March 17, 1998,
re additional information on the amounts still owing from Bobby's Country House was
received and placed on file for the information of the Council (Consent Agenda Item
#2)
A communication from the Department of Community Resources, dated
March 18, 1998, re Dearborn Printers' failure to bid on the City Newsletter was
received and placed on file for the information of the Council (Consent Agenda Item
#6)
On a motion by Duggan, seconded by Vandersloot, it was.
#203-98 RESOLVED, that having considered a request from
Councilmember John Pastor, the Council does hereby refer the matter of
the feasibility of building a municipal ice arena and soccer fields on
property at Greenmead to the Committee of the Whole for its report and
recommendation
#204-98 RESOLVED, that having considered a request from
Councilmember Joe Laura, the Council does hereby refer the matter of
the status of City-owned property lease arrangements to the Committee of
the Whole for its report and recommendation
#205-98 RESOLVED, that having considered a letter from Robert J
Casper, Vice President, Devon-Aire Softball Association, dated March 2,
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1998, the Council does hereby take this means to indicate that the
Devon-Aire Softball Association is recognized by the City of Livonia as a
non-profit service organization and that the City of Livonia has no
objection to a license being issued to the Devon-Aire Softball Association
by the Michigan Bureau of State Lottery
#206-98 RESOLVED, that having considered a letter from Rodney A.
Crider, President of the Livonia Chamber of Commerce, dated March 6,
1998, requesting the appointment of a Livonia City Council representative
to serve on the Board of Directors of the Livonia Economic Development
Partnership, the Council does hereby refer this matter to the Committee of
the Whole for its report and recommendation
#207-98 RESOLVED, that having considered the report and
recommendation of the City Clerk, dated March 3, 1998, to which is
attached a letter from The Observer & Eccentric Newspapers, Inc., dated
February 26, 1998, the Council does hereby designate The Observer&
Eccentric Newspapers, Inc., Subsidiary of Suburban Communications
Corporation, 36251 Schoolcraft, Livonia, Michigan 48150, as the official
newspaper of the City of Livonia for the period January 1, 1998 through
December 31, 1998; FURTHER, the Council does hereby approve and
authorize the publishing of legal notices in The Observer & Eccentric
Newspaper for the price of$6 30 per column inch, based on the present
six column format, which will remain in effect until December 31, 1998,
FURTHER, legal notices which are submitted on diskette will, upon
request, be placed on the Internet at no additional charge, FURTHER,
the Council does hereby authorize the 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
#208-98 RESOLVED, that having considered the report and
recommendation of the Director of Community Resources, dated February
25, 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 Adair Printing, 23925 Industrial Park Drive,
Farmington Hills, Michigan 48335, for printing the 16-page publication of
the City Newsletter to be published four times per year, for the price of
$5,187 14 per publication, the same having been in fact the lowest bid
received and meets all specifications
#209-98 RESOLVED, that having considered a communication from
the Personnel Director, dated February 23, 1998, which bears the
signature of the Director of Finance and is approved for submission by
the Mayor, and which transmits a resolution adopted by the Civil Service
Commission on February 12, 1998, wherein the Commission amended
Article 4 1 Special Compensation Provisions (1) of the Compensation
Plan for the City of Livonia to permit a lump-sum payment in the amount
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of $3,307 00 to Mary E Rutan for services provided during the interim
vacancy in the position of Personnel Director from December 16, 1996 to
January 23, 1998, the Council does hereby concur in and approve of the
aforesaid action
#210-98 RESOLVED, that having considered the report and
recommendation of the Director of Public Works, dated February 26,
1998, which bears the signature of the Director of Finance and is
approved for submission by the Mayor, the Council does hereby accept
the following low bids which meet specifications for supplying the Public
Service Division (Golf Courses and Parks Sections) with the fertilizers
and chemicals specified at the unit prices bid
1 Turfgrass, Inc., P 0 Box 667, South Lyon, Michigan 48178
Material to be furnished Unit Price Bid
20-4-10 w/24D $506 00/ton
20-4-10 wlTrimec 555 60/ton
19-3-6 w/ 72% Dimension 580 00/ton
20-2-20 880 00/ton
18-3-18 960 00/ton
21-2-20
18-5-9 600 00/ton
436 00/ton
Bio-Trek 22G (40 Ib ) 200 00/bag
Consyst WDG (4 x 4 Ib ) 268 00/case
Daconil Ultrex (4 x 5 Ib ) 170 00/case
2. United Horticultural Supply, 15511 Knobhill Drive, Linden,
Michigan 48451
Material to be furnished Unit Price Bid
Banner GL (12 x 7 oz.) $501 12/case
Bayleton 25WP (4 x 4 x 11 oz.) 328 79/case
Daconil Ultrex (4 x 5 lb ) 170 00/case
Merit 5G (30 Ib ) 45 00/bag
3 Lesco, Inc., 20005 Lake Road, Rocky River, Ohio 44116
Material to be furnished Unit Price Bid
Chipco 26019 WDG (6 x 2 Ib ) $278 00/case
#211-98 RESOLVED, that having considered the report and
recommendation of the Director of Public Works, dated February 23,
1998, which bears the signature of the Director of Finance and is
30855
approved for submission by the Mayor, and a communication from Allie
Brothers, dated January 14, 1998, wherein it is indicated that Allie
Brothers has offered to hold the prices bid in 1995 through July 30, 1999,
the Council does hereby accept such offer of Allie Brothers, 20295
Middlebelt, Livonia, Michigan 48152, for supplying the Department of
Public Works with foul weather garments at the same unit prices
previously accepted in Council Resolution 513-95 (unit prices bid June
29, 1995, and as extended by Council Resolutions 486-96 and 226-97)
for a total estimated price of $26,642 94, FURTHER, the Council does
hereby authorize the said purchase without competitive bidding for the
reasons indicated in the aforesaid communication, and such action is
taken in accordance with the provisions set forth in Section 3 04 140D4 of
the Livonia Code of Ordinances, as amended
#212-98 RESOLVED, that having considered a communication from
the Director of Public Works, dated February 20, 1998, which bears the
signature of the Director of Finance and is approved for submission by
the Mayor, the Council does hereby accept the low bid which meets
specifications of National Ready-Mix, Inc., 39000 Ford Road, Westland,
Michigan 48185, for supplying the Public Service Division (Road
Maintenance Section) with readymix concrete at the unit prices bid for the
period April 1, 1998, through March 31, 1999, for an estimated total
amount of$63,750 00; FURTHER, in the event the aforesaid low bidder
is unable to furnish the material, the Council does hereby accept the
second lowest bid which meets specifications of Plymouth Concrete, Inc.,
600 Junction Street, Plymouth, Michigan 48170, for supplying the Public
Service Division (Road Maintenance Section) with readymix concrete at
the unit prices bid for the period April 1, 1998, through March 31, 1999,
for an estimated total amount of $64,400 00
#213-98 RESOLVED, that having considered a letter from the
Michigan Liquor Control Commission, dated January 14, 1998, and a
report and recommendation from the Chief of Police, dated February 25,
1998, approved for submission by the Mayor, the Council does hereby
approve of the request from Wintergarden, LLC, for transfer of ownership
of 1997 Class C-SDM licensed business from Lewis' Wintergarden Bar,
Inc for a business located at 33320 W Seven Mile, Livonia, Michigan
48152, Wayne County; and the City Clerk is hereby requested to forward
a certified copy of this resolution to the Michigan Liquor Control
Commission
#214-98 RESOLVED, that having considered the report and
recommendation of the Chief of Police, dated March 3, 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
Peripheral Vision, 39201 Schoolcraft, Livonia, Michigan 48150, for
supplying the Livonia Police Department with computer equipment and
the installation of a Local Area Network (LAN) in the total amount of
30856
$45,471 00, the same having been in fact the lowest bid received and
meets all specifications
#215-98 RESOLVED, that having considered the report and
recommendation of the Executive Director of the Housing Commission,
dated February 20, 1998, which bears the signature of the Director of
Finance and is approved for submission by the Mayor, and which
indicates that the Housing Commission has recommended the following
rental adjustments with respect to Newburgh Village
Adjusted Rent
Bedroom Size Current Rent Effective 6-1-98
One Bedroom $430 $435
Two Bedroom 500 505
The above rents exclude gas and electric utility costs.
the Council does hereby concur in and approve of the recommended
action.
#216-98 RESOLVED, that having considered the report and
recommendation of the Executive Director of the Housing Commission,
dated February 20, 1998, approved for submission by the Mayor, and
which indicates that the Housing Commission has recommended
adjustments in the admission and continued occupancy income limits for
Silver Village, Newburgh Village and City-owned homes, the Council does
hereby concur and approve of the recommended action with respect to
admission income limits only and does hereby approve the following
adjustments
Section 1 Eligibility for Admission
ADMISSION
Present Income Limits Revised Income Limits
One Person $29,850 $31,700
Two Persons $34,100 $36,250
Three Persons $38,400 $40,750
Four Persons $42,650 $45,300
Five Persons $46,050 $48,900
Six Persons $49,450 $52,550
#217-98 RESOLVED, that having considered the report and
recommendation of the Executive Director of the Housing Commission,
dated February 19, 1998, approved for submission by the Mayor, wherein
the Housing Commission has recommended an amendment to the lease
agreement for Silver Village, Newburgh Village and scattered site single
30857
family homes to increase the late fee to $10 00 for payment received after
the 10th day of the month, the Council does hereby concur in and
approve of the recommended action
#218-98 RESOLVED, that having considered the report and
recommendation of the Executive Director of the Housing Commission,
dated February 19, 1998, approved for submission by the Mayor, wherein
the Housing Commission has recommended that the lease agreement for
residents that reside in City-owned scattered site single family homes be
revised to reflect current State laws and certain housing management
issues and techniques, and to which is attached a proposed revised lease
agreement, the Council does hereby concur in and approve of the revised
lease agreement.
#219-98 RESOLVED, that having considered the report and
recommendation of the Executive Director of the Housing Commission,
dated February 26, 1998, approved for submission by the Mayor, and to
which is attached a report containing a brief explanation of the 1998-99
Community Development Block Grant (CDBG) Program, the Council does
hereby take this means to indicate its informal approval of the proposed
program and does further authorize the conducting of a public hearing on
this matter for public comment so that thereafter a final program and
budget will be prepared for submission to the City Council
#220-98 RESOLVED, that having considered the report and
recommendation of the Department of Law, dated March 2, 1998,
approved for submission by the Mayor, submitted pursuant to Council
Resolution 658-97, concerning ordinance procedures to ensure
satisfactory completion of subdivisions, including Pines of Winfield, and
the related questions of appropriate bond amounts, the Council does
hereby refer this item.to the Legislative Committee for its report and
recommendation.
A communication from the Department of Law, dated February 26, 1998,
re administrative response to CR 117-98 - bicycle riding on sidewalks - was received
and placed on file for the information of the Council
#221-98 RESOLVED, that having considered a request from
Councilmember Brian Duggan, the Council does hereby refer the matter
of erecting signs to prohibit skateboarding, rollerblading, etc., on the
concrete embankment under the railroad track viaduct at the Merriman
Road Grade Separation to the Traffic Commission for its report and
recommendation
#222-98 RESOLVED, that having considered a communication from
Antonio Mauti, Mauti Associates, received in the Office of the City Clerk
30858
on March 4, 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 February 24, 1998, by the City
Planning Commission in its resolution 2-26-98 with regard to Petition 98-
1-2-1 submitted by Angelo Mauti requesting waiver use approval to
construct a six (6) bay coin-operated self-serve car wash on property
located on the north side of Plymouth Road between Haller Avenue and
Camden Road in the Southwest 1/4 of Section 25, which property is
zoned C-2, the Council does hereby designate Monday, May 4, 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
#223-98 WHEREAS, the City of Livonia has received an application
from Webasto Sunroofs, Inc., 2655 Product Drive, Rochester Hills,
Michigan 48309, dated March 6, 1998, for a transfer of the tax abatement
previously granted to Garrett Tool on December 4, 1995, in Council
Resolution 874-95, for 12 years, for a facility located at 36930 Industrial
Road which is located in City of Livonia Industrial Development District
No 58,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
LIVONIA that it determines as follows.
1 The City Clerk shall provide copies of the said Application to the
legislative bodies of the governmental units deriving property taxes
from the property which will be affected, as required by Act 198,
P.A. 1974, as amended.
2 The City Clerk shall contact each of the affected taxing units and,
(i) indicate the Council's interest in this matter, and (ii) assist these
taxing units in collecting such information as may be necessary to
determine their respective opinions on this Application and, (iii)
advise the said taxing units of this Council's desire to hold a
hearing on this Application on Monday, April 27, 1998, at 7 00 p m.
at the Livonia City Hall, 33000 Civic Center Drive, Livonia,
Michigan.
3 The Council hereby sets Monday, April 27, 1998, at 7 00 p m at
the Livonia City Hall, 33000 Civic Center Drive, Livonia, Michigan,
as the date, time and place for conducting a hearing on said
Application
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A roll call vote was taken on the foregoing resolutions with the following result:
AYES Pastor, Duggan, Laura, Brosnan, Walsh, Vandersloot, and
Engebretson.
NAYS None
On a motion by Laura, seconded by Brosnan, and unanimously adopted,
it was.
#224-98 RESOLVED, that having considered the report and
recommendation of the Streets, Roads, and Plats Committee, dated March
3, 1998, submitted pursuant to Council Resolution 659-97, and a request
from Councilmember Taylor to rescind Council Resolution 602-92 approving
the preliminary plat, Council Resolution 625-94 approving the one-year
extension of the preliminary plat approval, and Council Resolution 565-96
granting an extension of the preliminary plat approval until January 22,
1997, for the Pines of Winfield Subdivision to be located south of Seven
Mile Road and east of Wayne Road in the Northwest 1/4 of Section 9, the
Council does hereby refer the matter of the development of a work plan with
dates certain for the completion of the Pines of Winfield Subdivision to the
Engineering Division for its report and recommendation.
On a motion by Laura, seconded by Brosnan, and unanimously adopted,
it was:
#225-98 RESOLVED, that having considered the report and
recommendation of the Streets, Roads, and Plats Committee, dated
March 3, 1998, submitted pursuant to Council Resolution 659-97, and a
request from Councilmember Taylor to rescind Council Resolution 602-92
approving the preliminary plat, Council Resolution 625-94 approving the
one-year extension of the preliminary plat approval, and Council
Resolution 565-96 granting an extension of the preliminary plat approval
until January 22, 1997, for the Pines of Winfield Subdivision to be located
south of Seven Mile Road and east of Wayne Road in the Northwest 1/4
of Section 9, the Council does hereby refer the question of the City's
leverage for enforcement of dates certain in the work plan for completion
of the Pines of Winfield Subdivision to the Department of Law for its
report and recommendation.
On a motion by Laura, seconded by Duggan, and unanimously adopted, it
was.
#226-98 RESOLVED, that having considered the report and
recommendation of the Streets, Roads, and Plats Committee, dated
30860
March 3, 1998, submitted pursuant to Council Resolution 659-97, and a
request from Councilmember Taylor to rescind Council Resolution 602-92
approving the preliminary plat, Council Resolution 625-94 approving the
one-year extension of the preliminary plat approval, and Council
Resolution 565-96 granting an extension of the preliminary plat approval
until January 22, 1997, for the Pines of Winfield Subdivision to be located
south of Seven Mile Road and east of Wayne Road in the Northwest 1/4
of Section 9, the Council does hereby determine to take no further action
with respect to this item
A communication from the Engineering Division, dated March 16, 1998,
re status report on the Pines of Winfield/Sheffield Estates Subdivisions was received
and placed on file for the information of the Council
A communication from Gary E and Valerie K. Globish, dated March 5,
1998, re. requesting the Council not to down-size the size of lots and keep the zoning
as is (RU F) was received and placed on file for the information of the Council (CR
781-97)
A Certificate of Survey, dated February 26, 1998, submitted by Brenda
LeFebvre, re. the site location. 37604 Ann Arbor Road pertaining to the request for
vacating in Petition 97-10-3-4 was received and placed on file for the information of the
Council
A communication from the Wayne County Division of Parks, dated March
13, 1998, re indicating support of the request of Brenda LeFebvre with respect to
Petition 97-10-3-4 was received and placed on file for the information of the Council
On a motion by Laura, seconded by Pastor, and unanimously adopted, it
was
#227-98 RESOLVED, that having considered the report and
recommendation of the Streets, Roads, and Plats Committee, dated
March 3, 1998, submitted pursuant to Council Resolution 890-97, and a
communication from the City Planning Commission, dated December 30,
1997, which transmits its resolution 12-201-97 adopted on December 16,
1997, with regard to Petition 97-10-3-4, submitted by Brenda LeFebvre,
30861
requesting the vacating of the north 25 feet of Leon Avenue contiguous to
Lot 30 in Horton's Newburgh Subdivision located north of Ann Arbor Road
and west of Newburgh Road in the Northeast 1/4 of Section 31, the
Council does hereby reject the recommendation of the City Planning
Commission and does grant and approve the said petition, and the
Department of Law is hereby requested to prepare the necessary
vacating ordinance in accordance with this resolution
On a motion by Walsh, seconded by Pastor, it was
RESOLVED, that having considered the report and
recommendation of the Legislative Committee, dated March 4, 1998,
submitted pursuant to Council Resolution 1038-97, and communications
from the Department of Law, dated December 1, 1997 and December 16,
1997, which bear the signature of the Director of Finance and are
approved for submission by the Mayor, regarding the subject of the City of
Livonia Freedom of Information Act Cost Recovery Policy, the Council
does hereby refer the subject of how the $ 10 per copy fee was
determined to the Finance Department for its report and recommendation.
Walsh and Pastor withdrew their motions on the foregoing resolution.
On a motion by Walsh, seconded by Laura, and unanimously adopted, it
was
#228-98 RESOLVED, that having considered the report and
recommendation of the Legislative Committee, dated March 4, 1998,
submitted pursuant to Council Resolution 1038-97, and communications
from the Department of Law, dated December 1, 1997 and December 16,
1997, which bear the signature of the Director of Finance and are
approved for submission by the Mayor, regarding the subject of the City of
Livonia Freedom of Information Act Cost Recovery Policy, the Council
does hereby request that the Department of Law amend Attachment B of
the Freedom of Information Act Cost Recovery Policy to more precisely
define when a $35 00 deposit for a Freedom of Information Act request
shall be required
On a motion by Walsh, seconded by Laura, and unanimously adopted, it
was
#229-98 RESOLVED, that having considered the report and
recommendation of the Legislative Committee, dated March 4, 1998,
submitted pursuant to Council Resolution 1038-97, and communications
from the Department of Law, dated December 1, 1997 and December 16,
1997, which bear the signature of the Director of Finance and are
approved for submission by the Mayor, regarding the subject of the City of
30862
Livonia Freedom of Information Act Cost Recovery Policy, the Council
does hereby refer the subject of which departments are most affected by
Freedom of Information Act requests to the administration for a report and
recommendation.
On a motion by Walsh, seconded by Brosnan, and unanimously adopted,
it was*
#238-98 RESOLVED, that having considered the report and
recommendation of the Legislative Committee, dated March 4, 1998,
submitted pursuant to Council Resolution 1038-97, and communications
from the Department of Law, dated December 1, 1997 and December 16,
1997, which bear the signature of the Director of Finance and are
approved for submission by the Mayor, regarding the subject of the City of
Livonia Freedom of Information Act Cost Recovery Policy, the Council
does hereby determine to take no further action with respect to this
matter
On a motion by Walsh, seconded by Brosnan, and unanimously adopted,
it was
#231-98 RESOLVED, that having considered the report and
recommendation of the Legislative Committee, dated March 4, 1998, the
Council does hereby refer the matter of a review of the fees and costs
associated with non-Freedom of Information requests to the Legislative
Committee for a report and recommendation
Brosnan gave first reading to the following Ordinance
AN ORDINANCE AMENDING SECTIONS 010, 020, 030, AND
060 OF TITLE 9, CHAPTER 28 (GAMBLING) 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
Laura gave first reading to the following Ordinance
AN ORDINANCE AMENDING SECTION 7 OF THE ZONING
MAP OF THE CITY OF LIVONIA AND AMENDING ARTICLE III
OF ORDINANCE NO 543, AS AMENDED, KNOWN AND CITED
AS "THE CITY OF LIVONIA ZONING ORDINANCE" BY ADDING
SECTION 3 THERETO (Petition 97-8-1-11)
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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 Laura, seconded by Duggan, it was.
RESOLVED, that the Council does hereby determine to
refer the subject of Petition 97-8-1-11 by Elaine Beresh and Jack
Shenkman for a change of zoning of property located on the southwest
corner of Seven Mile and Newburgh Roads, in the Northeast 1/4 of
Section 7, from OS to C-1, to the Streets, Roads and Plats Committee for
its report and recommendation, this petition having received first reading
at the Regular Meeting of March 23, 1998
Laura and Duggan withdrew their motions on the foregoing resolution
On a motion by Laura, seconded by Duggan, it was
RESOLVED, that the Council does hereby determine to
refer the subject of Petition 97-8-1-11 by Elaine Beresh and Jack
Shenkman for a change of zoning of property located on the southwest
corner of Seven Mile and Newburgh Roads, in the Northeast 1/4 of
Section 7, from OS to C-1, to the Committee of the Whole for its report
and recommendation, with second reading on this matter to be delayed,
this petition having received first reading at the Regular Meeting of March
23, 1998
A roll call vote was taken on the foregoing resolution with the following result:
AYES Duggan, Laura, and Walsh.
NAYS Pastor, Brosnan, Vandersloot, and Engebretson.
The President declared the resolution denied.
On a motion by Laura, seconded by Duggan, and unanimously adopted, it
was:
#232-98 RESOLVED, that having considered a request from
Councilmember John Walsh, the Council does hereby determine to take
no further action on the matter of resident concerns pertaining to the
construction of an industrial building by Tech Express Corporation, on
behalf of the Behler-Young Company, on the west side of Merriman
(11939) between Plymouth Road and the C&0 Railroad
30864
A communication from the Department of Law, dated March 20, 1998, re
the complaint of Lorna Schaffer, 19905 Merriman Road, with respect to Zoning Board
of Appeals Case No 9710-161, was received and placed on file for the information of
the Council
A communication from Lorna Schaffer and Patricia Holmes, dated March
18, 1998, re forwarding information pertaining to ZBA Case No 9710-161 (a variance
granted to Behler-Young Co ) was received and placed on file for the information of the
Council
Patricia Holmes, 11015 Merriman - informed the Council that Lorna Schaffer filed an
appeal to the Zoning Board of Appeals to be heard in April
On a motion by Brosnan, seconded by Vandersloot, it was.
#233-98 RESOLVED, that having considered a letter from St.
Andrew's Episcopal Church, dated March 4, 1998, which requests
permission to place signs announcing an All-Parish Rummage/Garage
Sale to be conducted on Friday and Saturday, April 24 and April 25, 1998,
which signs are double-sided and are 4' x 5' in size and which will be
located on the northeast corner of Hubbard and Five Mile Roads and the
northeast corner of Hubbard and Six Mile Roads, and which signs would
be removed on April 25, 1998, the Council does hereby grant and
approve this request in the manner and form herein submitted.
A roll call vote was taken on the foregoing resolution with the following result:
AYES Pastor, Duggan, Brosnan, Walsh, Vandersloot, and Engebretson.
NAYS Laura.
The President declared the resolution adopted.
On a motion by Brosnan, seconded by Walsh, and unanimously adopted,
it was
#234-98 RESOLVED, that having considered a communication from
the City Assessor, dated February 3, 1998, approved for submission by
the Mayor, with regard to a request from Mr Walter Pivetta, 13331
Inkster, Livonia, Michigan 48150, and in accordance with the provisions of
30865
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 46-097-99-0004-000 into two (2) parcels, the legal
descriptions of which shall read as follows
PARCEL #1:
That part of the N E 1/4 of Section 25, T 1 S1 R. 9 E , City of Livonia,
Wayne County, Michigan, more particularly described as. beginning at a
point distant N 89D 52M W , 60 00 feet and S OOD 26M 60S E , 420 00
feet and N 89D 52M W , 165 00 feet from the N E corner of said Section
25, thence S 000 26M 50S E , 110 00 feet; thence N 89D 52M W ,
268 17 feet; thence N OOD 20M 47S W , 110 00 feet; thence S 89D 52M
E , 267 96 feet to the point of beginning Containing 0 677 acres more or
less Subject to all easements and restrictions of record
Together with an easement for ingress and egress and public utilities over
and across the North 20 00 feet of the East 165 00 feet and the South
20 00 feet of the East 165 00 feet of the following described parcel
Beginning at a point on the West line of Inkster Road distant N 89D 52M
W , 60 00 feet and S OOD 26M 50S E., 420 00 feet from the N E. corner
of said Section 25 and proceeding thence S OOD 26M 50S E , 110 00 feet
along the West line of Inkster Road, thence N 89D 52M W , 165 00 feet;
thence N OOD 26M 50S W , 110 00 feet; thence S 89D 52M E., 165 00
feet to the point of beginning
PARCEL #2:
That part of the N E 1/4 of Section 25, T 1 S , R 9 E., City of Livonia,
Wayne County, Michigan, more particularly described as beginning at a
point on the West line of Inkster Road distant N 89D 52M W , 60 00 feet
and S 000 26M 50S E , 420 00 feet from the N E. corner of said Section
25 and proceeding thence S 000 26M 50S E , 110 00 feet along the
West line of Inkster Road; thence N 89D 52M W , 165 00 feet; thence N
OOD 26M 50S W , 110 00 feet; thence S 89D 52M E , 165 00 feet to the
point of beginning. Containing 0 417 acres more or less Subject to an
easement for ingress and egress and public utilities over and across the
North 20 00 feet of the East 165 00 feet and the South 20 00 feet of the
East 165 00 feet of said parcel Also, subject to easements and
restrictions 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 to the
extent required by law and City ordinance, the action herein is made
subject to the approval of the Zoning Board of Appeals
30866
New legal descriptions for the aforementioned lot split, received in the
Office of the City Clerk on March 23, 1998, were received and placed on file for the
information of the Council
On a motion by Vandersloot, seconded by Pastor, it was
#235-98 RESOLVED, that having considered a letter from the
Michigan Liquor Control Commission, dated March 12, 1997, and the
report and recommendation of the Chief of Police, dated February 25,
1998, approved for submission by the Mayor, in connection therewith, the
Council does hereby determine that it has no objection to and does
recommend approval of the request from Rite Aid of Michigan, Inc., for a
new SDM license (without drive-up window) to be located at 37355 Eight
Mile Road, Livonia, Michigan 48152, Wayne County; and the City Clerk
is hereby requested to forward a certified copy of this resolution to the
Michigan Liquor Control Commission
A roll call vote was taken on the foregoing resolution with the following result:
AYES Pastor, Laura, Walsh, Vandersloot, and Engebretson
NAYS Duggan and Brosnan
The President declared the resolution adopted
A communication from the Doyle Group Attorneys, P C , dated March 19,
1998, re stating there will be no drive-up window at the Rite Aid store located at
37355 Eight Mile Road was received and placed on file for the information of the
Council
On a motion by Duggan, seconded by Brosnan, it was
#236-98 RESOLVED, that having considered the report and
recommendation of the Executive Director of the Housing Commission,
dated February 20, 1998, which bears the signature of the Director of
Finance and is approved for submission by the Mayor, with regard to a
proposed rental adjustment for Silver Village to become effective June 1,
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 Pastor, Duggan, Laura, Brosnan, and Walsh.
30867
NAYS Vandersloot and Engebretson
The President declared the resolution adopted
On a motion by Duggan, seconded by Vandersloot, and unanimously
adopted, it was.
#237-98 RESOLVED, that having considered a communication from
the Director of Community Resources, dated March 2, 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 the donation of$520 00 in Farmer Jack food certificates from the
Kiwanis Early Risers to the Community Resources Department to be used
as indicated in the aforesaid communication
There was no audience communication at the end of the meeting
On a motion by Brosnan, seconded by Laura, and unanimously adopted,
this 1,365th Regular Meeting of the Council of the City of Livonia was adjourned at 8 50
p m., March 23, 1998
ter,
Joè, McCotter, City Clerk