HomeMy WebLinkAboutCOUNCIL MINUTES 1997-12-17 30645
MINUTES OF THE ONE THOUSAND THREE HUNDRED AND FIFTY-NINTH
REGULAR MEETING OF THE COUNCIL OF THE CITY OF LIVONIA
On December 17, 1997, 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 McGee delivered the invocation
Roll was called with the following result: Michael P McGee, Gerald
Taylor, Brian Duggan, Fernon P Feenstra, Maureen Miller Brosnan, Val Vendersloot,
and Joe Laura. Absent: None.
Elected and appointed officials present: Jack E. Kirksey, Mayor; John
Nagy, City Planner; Robert J Schron, City Engineer; Catheryn K. White, 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,
Laura M Toy, City Treasurer; Sean P Kavanagh, City Attorney; Linda McCann,
Director of Community Resources, Ronald J Engle, Fire Chief; Ralph Magid,
Superintendent of Public Service, Alden Sawyer, Director of Emergency Preparedness;
Bob Alanskas, Planning Commission; Michael Riesterer, President of Livonia
Firefighters Union Local 1164, Jack Engebretson, City Council President-Elect; and
Thaddeus McCotter, Wayne County Commissioner
On a motion by Taylor, seconded by Duggan, and unanimously adopted,
it was:
#1018-97 RESOLVED, that the minutes of the 1,358th Regular
Meeting of the Council of the City of Livonia, held December 8, 1997, are
hereby approved as submitted
Councilmember McGee wished his daughter, Kathleen Maria, a "Happy
Birthday" (who was 1 year old on Monday, December 15, 1997)
30646
Mary Fisher, Councilmember's McGee's wife, recognized and issued a
personal proclamation to Michael P McGee as being father, husband, and
Councilmember of the year, having served 3-1/2 years, 10-1/2 years, and nearly 6
years respectively
Councilmember Feenstra's daughter, Leigh Byrd, along with sister, Kris,
presented flowers to Councilmember Feenstra. Also present to show their love and
support were Matthew, son-in-law Dino, and eldest of seven children, Jenifer
Those present to show respect and appreciation for Councilmember Joe
Taylor's 19 years of service on the Council were son-in-law Dennis Tochman and his
wife, Debbie, along with children Nicholas and Andrea, as well as Joe's wife, Kay
Wayne County Commissioner Thaddeus McCotter gave presentations to
the three retiring Council Members (Fernon P Feenstra, Gerald "Joe" Taylor, and
Michael P McGee) and thanked them for making Livonia one of the safest and greatest
cities in the country
Mayor Kirksey also thanked Councilmembers Feenstra, Taylor, and
McGee for their dedicated service over the years, and wished them well in future
endeavors.
The Executive Director of SEMCOG, John Amberger, was present at the
meeting to thank the Council for the support given to their organization In particular,
he wished to thank delegate Michael P McGee for his service to SEMCOG over the
past five (5) years, and presented him with the "Regional Ambassador Award" on
behalf of all elected officials of Southeastern Michigan for 1997
30647
Council President Laura congratulated Councilmembers Feenstra, Taylor,
and McGee on their long years of service to the City, and wished them well in the
future
Additionally, Councilmember Taylor thanked the public for electing him to
office, his family for their support, and his mentor, Bob McCann.
On a motion by Duggan, seconded by Vandersloot, and unanimously
adopted, it was.
#1019-97 RESOLVED, that the Council does hereby direct that the
City-owned property located at 36730 Seven Mile Road (northern portion
of the property purchased from Raymond Kryda with City retention of the
necessary right-of-way), in the Southwest 1/4 of Section 5, be posted with
a "For Sale" sign and that the Director of Finance obtain competitive bids
with respect to the proposed sale of the City-owned property in
accordance with the direction contained in Council Resolution 517-97,
and that all competitive bids shall thereafter be submitted to Council for
consideration.
From the audience, Beverly Whitbeck, 16440 Penn Drive, Livonia, stated
she has a problem with her neighbor's dog attacking her show dogs, and said she
would like a legal leash law put into effect. The Council asked for a report and
recommendation from the Department of Law with respect to this matter
On a motion by Taylor, seconded by Duggan, and unanimously adopted,
it was:
#1020-97 RESOLVED, that the Council does hereby refer the subject
of the matters addressed in the Resolution of Understanding contained in
Council Resolution 957-97 pertaining to the RUF properties located at
31405 Seven Mile Road (George's Livonia Gardens), 36500 Seven Mile
Road (Glenda's Market), and 20315 Merriman Road (Valley Nursery) to
the Committee of the Whole for further consideration.
Lir Councilmember Taylor wished Karen Szymula (Director of Legislative
Affairs) a "Happy Birthday" (December 15, 1997)
30648
A communication from the Department of Finance, dated December 8,
1997, re: results of conversion from the Defined Benefit ("DB") Retirement Plan to the
Defined Contribution ("DC") Retirement Plan was received and placed on file for the
information of the Council
Robin Brown, an employee in Inspection/Ordinance Enforcement, spoke to the "Letter
of Understanding" re medical benefits under the "DC" plan
A communication from the Engineering Division, dated December 10,
1997, 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 Council
At the request of the petitioner, Item #3 was postponed until the Regular
Meeting of January 14, 1998.
At the direction of the Chair, Item #8 was removed from the Consent
portion of the Agenda, and Items #24 and #26 were postponed until the Regular
Meeting of January 14, 1998, due to the receipt of late data.
On a motion by Feenstra, seconded by Brosnan, it was:
#1021-97 RESOLVED, that having considered a letter from Dan and
Dina Foster, 9050 Stonehouse, Livonia, Michigan 48150, dated
November 14, 1997, and before determining to pave the streets (Alternate
III) and/or install storm drains in the area of Stonehouse Avenue between
Joy Road and West Chicago Boulevard, in the City of Livonia, the cost of
which is to be defrayed by special assessment, the City Engineer is
hereby requested to ascertain the assessed valuation of all property
affected by the proposed improvement, the number of parcels which show
tax delinquencies, the number of parcels owned by public authorities, the
number of parcels which are now vacant, and to prepare and cause to be
prepared, plans and specifications therefor and an estimate of the cost
thereof, and to file the same with the City Clerk together with his
recommendation as to what proportion of the cost should be paid by
special assessment and what part, if any, should be a general obligation
of the City, the number of installments in which assessments may be paid
and the lands which should be included in the proposed special
30649
assessment district, pursuant to the provisions of Section 3.08.060 of the
Livonia Code of Ordinances, as amended
#1022-97 RESOLVED, that having considered a communication from
the City Assessor, dated November 18, 1997, approved for submission by
the Mayor, with regard to a request from James Hirst, 20108 Antago,
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 46 001 04 0142 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
#1023-97 RESOLVED, that having considered a communication from
the City Assessor and City Engineer, dated November 20, 1997,
approved for submission by the Mayor, wherein it is requested that
Council Resolution 342-97 be amended to state that interest will begin the
date of completion plus thirty (30) days for the road improvement in the
Bell Creek Farms Subdivision, the Council does hereby amend and revise
Council Resolution 342-97 so as to have the same read as follows:
WHEREAS, pursuant to due and proper notice
published and mailed to all property owners in Special Assessment
District No 391 for a proposed street improvement consisting of
placement of approximately 4" of asphalt over existing roadway
(Alternate IV) in the Bell Creek Farms Subdivision located in the
Northwest 1/4 of Section 15 in the City of Livonia, Wayne County,
Michigan, as required by the provisions of the City Charter and
Title 3, Chapter 8 of the Livonia Code of Ordinances, as amended,
a public hearing thereafter having been held thereon on Monday,
April 14, 1997, at 7 00 p m. at the City Hall, 33000 Civic Center
Drive, Livonia, Michigan, and the City Council having duly met and
reviewed the special assessments levied on the special
assessment roll as prepared by the City Assessor to cover the
district portion of the cost of a street improvement to be
constructed in Special Assessment District No 391, and
WHEREAS, the City Council has heard and carefully considered
all objections made to said assessments,
NOW, THEREFORE, BE IT RESOLVED, THAT
(1) The City Council does hereby determine that the
assessments set forth in said Special Assessment Roll
dated February 4, 1997, in the amount of $105,558 87, are
fair and equitable and based upon benefits to be derived by
construction of improvements proposed in said district in
30650
accordance with the plans of the City Engineer and
resolutions of the City Council,
(2) Said Special Assessment Roll No 391 is hereby approved
and confirmed in all respects, effective April 30, 1997,
(3) The amount of said roll shall be divided into ten (10) equal
annual installments with interest at the rate of six (6%)
percent per annum on the unpaid balance of the
assessment from thirty (30) days after the said project is
installed as certified by the City Engineer Said interest
shall be payable on each installment due date, provided,
however, that after the issuance of bonds in anticipation of
the collection of the unpaid assessments on the said special
assessment roll, said rate of interest shall be not more than
1% above the average rate of interest borne by said bonds.
In such cases where the installments will be less than Ten
Dollars ($10 00), the number of installments shall be
reduced so that each installment shall be above and as near
Ten Dollars ($10 00) as possible. The first installment shall
be due and payable December 1, 1998, and subsequent
installments on December 1st of succeeding years,
(4) Pursuant to the provisions of Section 3 08 130 of the Livonia
Code of Ordinances, as amended, the City Clerk shall
endorse the date of confirmation on the assessment roll,
and the said assessment roll shall then be immediately
transmitted to the City Treasurer who shall then publish
notice as is required by Section 3 08 190 of the Livonia
Code of Ordinances, as amended, and mail assessment
statements to the respective property owners assessed in
the manner and substance as provided by said Section
3 08.190 Any property owner assessed may pay the whole
or any part of the assessment without interest or penalty up
to December 1, 1997,
(5) The first installment shall be spread upon the 1998 City tax
roll in the manner required by Section 3.08.210 of the
Livonia Code of Ordinances, as amended, together with
interest upon all unpaid installments from thirty (30) days
after the said project is installed as certified by the City
Engineer, and thereafter one (1) installment shall be spread
upon each annual tax roll together with one (1) year's
interest upon all unpaid installments; provided, however,
that when any annual installment shall have been prepaid in
the manner provided in Title 3, Chapter 8 of the Livonia
Code of Ordinances, as amended, either within the sixty
(60) day period as provided by Section 3 08 200, or after the
30651
expiration of the sixty (60) day period as provided by
Section 3 08 220 then there shall be spread upon the tax roll
for such year only the interest for all unpaid installments,
and
(6) The City Council does hereby determine to pay 15% of the
paving costs ($18,745 39), 100% of drainage costs
($23,000 00), and 100% of the paving costs of 35 feet of
City-owned property ($665 00) for a total amount of
$42,410 39
#1024-97 RESOLVED, that having considered a communication from
the City Clerk, dated November 24, 1997, wherein it is indicated that she
has reappointed Ann Tavolacci, 18415 University Park, Livonia, Michigan
48152, as Deputy City Clerk for a two-year period effective January 1,
1998, the Council does hereby confirm the said appointment in
accordance with Chapter V, Section 9 of the Charter of the City of Livonia
at the annual salary of$44,865 60 for the fiscal year 1998-1999, with the
same benefits extended to other full-time classified employees under the
Local 192 agreement.
#1025-97 RESOLVED, that having considered a communication from
the Traffic Commission, dated November 27, 1997, approved for
submission by the Mayor, to which is attached a memorandum from
Michael E. Fisher, Assistant City Attorney, dated September 16, 1997,
concerning a citizen's request to allow homeowners in the vicinity of
Livonia high schools to park in front of their homes in areas designated as
"No Parking" zones, the Council does hereby determine to deny this
request.
#1026-97 RESOLVED, that having considered a communication from
the Traffic Commission, dated November 27, 1997, approved for
submission by the Mayor, to which is attached a communication from the
Engineering Division, dated September 3, 1997, regarding the possible
installation of a traffic signal at the intersection of Newburgh Road and
Pembroke Avenue, the Council does hereby refer this matter to the
Engineering Division for a report and recommendation.
#1027-97 RESOLVED, that having considered a communication from
the Traffic Commission, dated November 27, 1997, approved for
submission by the Mayor, to which is attached a communication from the
Engineering Division, dated September 3, 1997, regarding the possible
installation of a traffic signal at the intersection of Newburgh Road and
Pembroke Avenue, the Council does hereby refer the subject of any
proposed plans for Newburgh Road redevelopment between Seven Mile
Road and Eight Mile Road to the Engineering Division for a report and
recommendation.
30652
#1028-97 RESOLVED, that having considered the report and
recommendation of the Director of Public Works and the Superintendent
of Public Service, dated November 24, 1997, which bears the signature of
the Director of Finance and is approved for submission by the Mayor, the
Council does hereby authorize the purchase of gasoline and diesel fuel
for tank wagon metered (5,000 gallons or less) through the Tri-County
Public Purchasing Cooperative (TCPPC) from Atlas Oil Company, 24501
Ecorse Road, Taylor, Michigan 48180, for the period February 1, 1998
through January 31, 2000 for the unit price of$0 089 per gallon markup
for unleaded regular, unleaded premium, #2 diesel and #2 premium
diesel, FURTHER, the Council does hereby authorize the purchase of
diesel fuel and gasoline for truck transport unmetered (9,000 gallons or
more) through the Tri-County Public Purchasing Cooperative (TCPPC)
from Barrick Enterprises, Inc., 4307 Delemere Court, Royal Oak, Michigan
48073, for the period February 1, 1998 through January 31, 2000 for the
unit price bid of$0 01895 per gallon markup for unleaded regular and
unleaded premium, $0 02585 per gallon markup for#2 diesel and
$0 03585 per gallon markup for#2 premium diesel, FURTHER, the
Council does hereby authorize the said purchases without competitive
bidding for the reasons indicated in the aforesaid communication, and
such action is taken in accordance with Section 3.04 140D4 of the
Livonia Code of Ordinances.
#1029-97 RESOLVED, that having considered the report and
recommendation of the Director of Public Works and the Superintendent
of Public Service, dated December 1, 1997, 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 ATC Associates, Inc., 24371
Catherine Industrial Drive, Suite 201, Novi, Michigan 48375, for
completing all work required in connection with the installation of a
gasoline/diesel above ground storage tank (AST) at Idyl Wyld Golf
Course for the sum of$82,056 00, the same having been in fact the
lowest bid received for this work; FURTHER, the Council does hereby
authorize the expenditure of a sum not to exceed $82,056 00 from
Account No 401-000-818-036 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.
#1030-97 RESOLVED, that having considered the report and
recommendation of the City Engineer, dated November 17, 1997,
approved for submission by the Mayor, the Council does hereby amend
item no 7 of Council Resolution 231-97, adopted on March 26, 1997, so
as to reduce the financial assurances now on deposit with the City for
general improvements in the Glenn's Farm Subdivision, located on the
north side of Six Mile between Merriman Road and Stamwich Boulevard
(REVISED PAGE-SEE CR #1031-97)
30653
in the Southeast 1/4 of Section 11, to $6,710 00 of which all shall be in
cash, to cover the cost of remaining general improvements in said
subdivision, and the financial assurances now on deposit with the City, if
any, shall be reduced accordingly; FURTHER, all other financial
assurances now on deposit with the City shall remain the same and
unchanged.
A communication from the Engineering Division, dated November 18,
1997, re. clarification of problem areas pertaining to drainage complaints from residents
on Ingram Avenue, north of Five Mile Road, was received and placed on file for the
information of the Council (CR 802-97)
#1031-97 RESOLVED, that having considered the report and
recommendation of the City Engineer, dated November 18, 1997,
approved for submission by the Mayor, the Council does hereby authorize
the release to Cummings, McClorey, Davis and Acho, 33900 Schoolcraft,
Livonia, Michigan 48150, the proprietor of Fargo Woods Subdivision,
located in the Northwest 1/4 of Section 2, of the financial assurances
previously deposited pursuant to Council Resolution 92-92 adopted on
February 5, 1992, and subsequently amended by Council Resolutions
594-95 and 570-94, specifically
a) Sidewalk Bond $8,600 00 ($1,000 00 minimum cash);
b) Grading and Soil Erosion
Control Bond $2,000 00 (all cash), and
c) Monuments & Markers $ 240 00 (all cash)
and the action herein being taken is for the reasons indicated in the
aforementioned report of the City Engineer that all these improvements
have been satisfactorily installed in accordance with the rules and
regulations and ordinances of the City of Livonia.
#1032-97 RESOLVED, that having considered a communication from
the City Engineer, dated November 25, 1997, 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, and the attached invoice of
the Michigan Department of Transportation (Invoice No AF 200093), the
Council does hereby authorize final payment in the amount of$1,459 13
to the Michigan Department of Transportation, which sum includes the full
and complete balance due to cover the City's share of the cost of the
upgrading of guardrails on the ramps at 1-275 and Eight Mile Road, which
project the City previously agreed to participate in pursuant to Council
Resolution 570-91, adopted on July 10, 1991, and the Council does
hereby appropriate and authorize the expenditure of the sum of$1,459 13
30654
from the Michigan Transportation Fund (Major Road Account) for this
purpose
#1033-97 RESOLVED, that having considered a communication from the
City Engineer, dated November 25, 1997, 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, and the attached invoice of the
Michigan Department of Transportation (Invoice No AF 199458), the Council
does hereby authorize final payment in the amount of $1,951 30 to the
Michigan Department of Transportation, which sum includes the full and
complete balance due to cover the City's share of the cost of the widening of
the 1-275 northbound off-ramp to Eight Mile Road, which project the City
previously agreed to participate in pursuant to Council Resolution 571-91,
adopted on July 10, 1991, and the Council does hereby appropriate and
authorize the expenditure of an additional sum of $1,951 30 from the
Michigan Transportation Fund (Major Road Account) for this purpose.
#1034-97 RESOLVED, that having considered a communication from
the Mayor, dated December 4, 1997, concerning efforts by
telecommunications providers to preempt municipal control over rights-of-
way, the Council does hereby authorize the City's participation in filing
reply comments with the Federal Communications Commission in a
pending case before the FCC involving Rice Lake, Wisconsin, and the
Chibardun Telephone Cooperative to be submitted by the law firm of
Varnum, Riddering, Schmidt & Howlett, LLP, Bridgewater Place, P 0 Box
352, Grand Rapids, Michigan 49501-0352; FURTHER, the Council does
hereby appropriate and authorize the expenditure of a sum not to exceed
$300 00 from Account No 297-751-818-005 for this purpose
#1035-97 RESOLVED, that having considered a communication dated
December 4, 1997, from Sign Art, Inc., which in accordance with the
provisions of Section 19 08 of Ordinance No 543, as amended, the
Zoning Ordinance, takes an appeal from a determination made on
November 25, 1997, by the City Planning Commission in its resolution 11-
192-97 adopted on November 25, 1997, with regard to a Sign Permit
Application submitted by Sign Art, Inc. on behalf of Rite Aid, requesting
approval for signage for a store located at 37355 Eight Mile Road in the
Northwest 1/4 of Section 5, the Council does hereby designate Monday,
February 2, 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 No 543, as
amended, the Zoning Ordinance of the City of Livonia.
30655
#1036-97 RESOLVED, that having considered a communication from
the City Engineer, dated December 3, 1997, approved by the Director of
Public Works and approved for submission by the Mayor, and submitted
pursuant to Council Resolution 306-96, and the City Engineer having
ascertained the assessed valuation of all property affected by the
proposed street improvement consisting of a 28 ft. wide full-depth asphalt
pavement with mountable asphalt curbs and gutters (Alternate III) or the
proposed street improvement consisting of 31 ft wide concrete pavement
with curbs and gutters (Alternate I) for Ashurst Road, north of Five Mile
Road, and such report having indicated the number of parcels which show
tax delinquencies, the number of parcels owned by public authorities, the
number of parcels which are vacant, and having prepared and caused to
be prepared plans and specifications therefor and an estimate for the cost
thereof, and to file the same with the City Clerk together with his
recommendation as to what proportion of the cost should be paid by
special assessment and what part, if any, should be a general obligation
of the City, the number of installments in which assessments may be paid
and the lands which should be included in the proposed special
assessment district, and it appearing to the Council that all of such
information, estimate, plans, specifications and recommendations have
been properly filed by the City Engineer with the City Clerk under date of
December 3, 1997, and that there has been a full compliance with all of
the provisions of Section 3 08 060 of the Livonia Code of Ordinances, as
amended, the Council does hereby set Monday, February 9, 1998, at 8.00
p m as the date and time for a public hearing on the necessity for such
proposed improvement, which public hearing shall be held before the
Council in the Livonia City Hall, 33000 Civic Center Drive, Livonia,
Michigan, pursuant to Section 3.08.070 of said Livonia Code of
Ordinances, as amended, and the City Clerk is hereby authorized to give
notice and publication of such hearing as is required by Section 3 08.070
of said Code
A roll call vote was taken on the foregoing resolutions with the following result:
AYES McGee, Taylor, Duggan, Feenstra, Brosnan, Vendersloot, and
Laura.
NAYS None
On a motion by McGee, seconded by Feenstra, it was:
RESOLVED, that having considered 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, the Council does hereby adopt the
City of Livonia Freedom of Information Act Cost Recovery Policy, dated
November 25, 1997 and attached to said letters, and the City Clerk shall
30656
publish or cause to be published this resolution, together with said policy
in the Livonia Observer & Eccentric, the official newspaper of the City
On a motion by Brosnan, seconded by Duggan, it was.
RESOLVED, that the Council does hereby determine to
substitute a resolution in lieu of the foregoing which would refer the
subject of the City of Livonia Freedom of Information Act Cost Recovery
Policy, dated November 25, 1997, to the Legislative Committee for its
report and recommendation.
Ralph Williams, 18630 Foch, agreed this matter should go to the Legislative Committee
due to new data on this subject.
Council Vice President Brosnan and Councilmember Duggan withdrew their motion for
the substitute resolution.
A roll call vote was then taken on the resolution by McGee, seconded by Feenstra, as
follows.
#1037-97 RESOLVED, that having considered 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, the Council does hereby adopt the
City of Livonia Freedom of Information Act Cost Recovery Policy, dated
November 25, 1997 and attached to said letters, 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
with the following result:
AYES McGee, Taylor, Duggan, Feenstra, Brosnan, Vandersloot, and
Laura.
NAYS None
The President declared the resolution adopted
On a motion by Brosnan, seconded by Duggan, and unanimously
adopted, it was.
#1038-97 RESOLVED, that having considered 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, the Council does hereby refer the
subject of the City of Livonia Freedom of Information Act Cost Recovery
Policy to the Legislative Committee for its report and recommendation.
30657
Taylor gave first reading to the following Ordinance
AN ORDINANCE AMENDING SECTIONS 390 AND 400 OF
CHAPTER 20 (LIVONIA SEWAGE DISPOSAL SYSTEM) OF
TITLE 13 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.
Taylor invoked the Emergency Clause and gave second reading to the
foregoing Ordinance and a roll call vote was taken thereon with the following result:
AYES McGee, Taylor, Duggan, Feenstra, Brosnan, Vandersloot, and
Laura.
NAYS None
The President declared the foregoing Ordinance duly adopted, and would become
effective on publication.
Duggan took from the table, for second reading and adoption, the
following Ordinance
AN ORDINANCE AMENDING SECTION 6 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 97-6-1-9)
A roll call vote was taken on the foregoing Ordinance with the following result:
AYES McGee, Taylor, Duggan, Feenstra, Brosnan, Vandersloot, and
Laura.
NAYS None
The President declared the foregoing Ordinance duly adopted, and would become
effective on publication
30658
On a motion by Taylor, seconded by Duggan, and unanimously adopted,
it was:
#1039-97 RESOLVED, that having considered a communication from
the City Planning Commission, dated December 1, 1997, which transmits
its resolution 11-194-97 adopted on November 25, 1997, with regard to
Petition 97-11-8-22 submitted by John D Dinan, requesting site plan
approval in connection with a proposal to construct two office buildings
on property located at 37001 Pembroke Avenue in the Southeast 1/4 of
Section 6, 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 97-11-8-22 is
hereby approved and granted, subject to the following conditions.
1 That the Site Plan marked Sheet 1 prepared by Michael A. Boggio
Associates, as received by the Planning Commission on November
20, 1997, is hereby approved and shall be adhered to,
2. That the entire parking lot shall be doubled striped,
3 That the three walls of both trash dumpster areas shall be
constructed out of the same brick used in the construction of the
buildings, and the wooden enclosure gates shall be maintained
and, when not in use, closed at all times,
4 That the Landscape Plan marked Sheet L-1 prepared by Michael
A. Boggio Associates, as received by the Planning Commission on
October 29, 1997, is hereby approved and shall be adhered to;
5 That all disturbed lawn areas shall be sodded in lieu of
hydroseeding;
6 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, and
7 That the Exterior Building Elevation Plans marked Sheet 2
prepared by Michael A. Boggio Associates, as received by the
Planning Commission on October 29, 1997, are hereby approved
and shall be adhered to
On a motion by Duggan, seconded by Feenstra, and unanimously
adopted, it was:
30659
#1040-97 RESOLVED, that having considered a letter from the
Michigan Liquor Control Commission, dated September 18, 1997, and a
report and recommendation from the Chief of Police, dated November 25,
1997, approved for submission by the Mayor, the Council does hereby
approve of the request from LIVHO, Inc. for transfer of ownership of a
1997 B-Hotel licensed business with Dance Permit, Entertainment Permit
without dressing rooms, Official Permit (Food), 4 bars and 226 rooms,
from Corporate Property Associates 6 and Corporate Property Associates
7 - co-licensees for a business located at 17123 Laurel Park, 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 communication from Howard & Howard, attorney for LIVHO, Inc., dated
December 15, 1997, re: Letter of Understanding pertaining to their request for transfer
of ownership of a 1997 B-Hotel licensed business with Dance Permit, Entertainment
Permit without dressing rooms, Official Permit (Food), 4 bars and 226 rooms, from
Corporate Property Associates 6 and Corporate Property Associates 7 - co-licensees
for a business located at 17123 Laurel Park, Livonia, Michigan 48152, Wayne County,
r1r
was received and placed on file for the information of the Council
On a motion by Feenstra, seconded by Taylor, and unanimously adopted,
it was
#1041-97 RESOLVED, that having considered the report and
recommendation of the Superintendent of Public Service, the Public Utility
Manager and the Director of Public Works, dated November 21, 1997,
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 Shaw
Electric Co , 33200 Schoolcraft Road, Livonia, Michigan 48150, for
completing all work required in connection with emergency power
modifications at the Police Department and Fire Stations Nos. 5 and 6 in
the amount of$144,000 00, the same having been in fact the lowest bid
received which meets all specifications, and the bid of Barton & Barton
Company is hereby rejected for the reasons indicated in the attachment;
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.
30660
On a motion by Feenstra, seconded by Brosnan, and unanimously
adopted, it was
#1042-97 RESOLVED, that having considered the report and
recommendation of the Director of Public Works, the Public Utility
Manager and the Chairman of the Water and Sewer Board, dated
November 24, 1997, which bears the signature of the Director of Finance
and is approved for submission by the Mayor, to which is attached a
proposed agreement between the City of Livonia and Camp, Dresser&
McKee, Inc., One Woodward Avenue, Suite 1500, Detroit, Michigan
48226, in the amount of$160,200 00 to develop a water distribution
system control enhancements program, the Council does hereby approve
the proposed agreement, and the Mayor and City Clerk are hereby
authorized to execute a contract, for and on behalf of the City of Livonia,
with the aforesaid company, provided that the agreement is approved as
to form by the Department of Law, and to do all other things necessary or
incidental to the full performance of this resolution, and the Director of
Public Works is hereby authorized to approve minor adjustments in the
work as it becomes necessary; FURTHER, the Council does hereby
appropriate and authorize the expenditure of a sum not to exceed
$160,200 00 from the 1993 $5 Million Water and Sewer Bond Issue
(Account No 592-158-031) for this purpose, FURTHER, the Council does
hereby determine to authorize such action without competitive bidding for
imp the reasons indicated in the aforesaid communication, and such action is
taken in accordance with the provisions set forth in Section 3 04 140D2
and D4 of the Livonia Code of Ordinances, as amended.
On a motion by Duggan, seconded by Brosnan, and unanimously
adopted, it was:
#1043-97 RESOLVED, that having considered the report and
recommendation of the Director of Public Works, the Public Utility
Manager and the Chairman of the Water and Sewer Board, dated
November 24, 1997, which bears the signature of the Director of Finance
and is approved for submission by the Mayor, concerning the selection of
a consultant to develop a water distribution system control enhancements
program, the Council does hereby refer this subject to the Water, Waste
and Sewer Committee for tracking purposes.
On a motion by Feenstra, seconded by Taylor, it was
#1044-97 RESOLVED, that having considered a communication from
the City Planning Commission, dated December 1, 1997, which transmits
its resolution 11-193-97, adopted on November 25, 1997, with regard to a
Sign Permit Application, submitted by Beacon Sign Company on behalf of
Crossland Economy Studios, requesting approval for signage for the hotel
30661
located at 11808 Middlebelt Road in the Southwest 1/4 of Section 25, the
Council does hereby concur in the recommendation of the Planning
Commission and approve the said Sign Permit Application, subject to the
following conditions
1 That the Sign Package submitted by Beacon Sign Company, as
received by the Planning Commission on October 29, 1997, is
hereby approved and shall be adhered to except for the fact that
no changeable copy panel shall be permitted on the ground sign;
2 That all directional signage shall conform to Section 18 50D(i),
3 That all additional signage for this site shall come back before the
Planning Commission and City Council for their review and
approval,
4 That the signage shall not contain information relative to room
rates; and
5 That the colors of the signage shall be forest green and beige.
A roll call vote was taken on the foregoing resolution with the following result:
AYES Taylor, Duggan, Feenstra, Brosnan, Vandersloot, and Laura.
NAYS McGee
The President declared the resolution adopted.
On a motion by Feenstra, seconded by Brosnan, it was:
#1045-97 RESOLVED, that having considered a communication from
the Department of Law, dated December 5, 1997, approved for
submission by the Mayor, in connection with Tandy Corporation and
Incredible Universe Land Acquisition Trust v City of Livonia, U S District
Court Case No 97-74735, the Council does hereby approve the retaining
of an additional zoning expert to serve as co-counsel for the City of
Livonia in such legal proceedings, such individual to be selected by the
Department of Law with the concurrence of Council, FURTHER, the
Council does hereby appropriate and authorize the expenditure of a sum
not to exceed $10,000 00 from the Unexpended Fund Balance for this
purpose.
A roll call vote was taken on the foregoing resolution with the following result:
AYES McGee, Duggan, Feenstra, Brosnan, and Vandersloot.
NAYS Taylor and Laura.
30662
The President declared the resolution adopted
Duggan left the podium at 9.00 p m due to a conflict of interest with respect to the next
Agenda item
On a motion by Taylor, seconded by Brosnan, it was.
#1046-97 RESOLVED, that having considered a communication from
the City Planning Commission, dated October 29, 1997, which sets forth
its resolution 10-175-97 adopted on October 28, 1997, with regard to
Petition 97-9-1-14, submitted by Leo Soave for a change of zoning of
property located on the west side of Farmington Road, south of Norfolk, in
the Northeast 1/4 of Section 4, from RUFA to R-3, and the Council having
conducted a public hearing with regard to this matter on December 10,
1997, pursuant to Council Resolution 910-97, the Council does hereby
approve Petition 97-9-1-14 for preparation of the ordinance for
submission to Council, and the City Planner is hereby instructed to cause
the necessary map for publication to be prepared indicating the zoning
change herein approved and to furnish the same to the Department of
Law and, upon receipt of such map, the Department of Law is requested
to prepare an ordinance amending Ordinance 543, as amended, in
accordance with this resolution.
A roll call vote was taken on the foregoing resolution with the following result:
AYES McGee, Taylor, Feenstra, Brosnan, Vandersloot, and Laura.
NAYS None
The President declared the resolution adopted
On a motion by Feenstra, seconded by Vandersloot, it was:
#1047-97 RESOLVED, that having considered a communication from
the City Planning Commission, dated October 29, 1997, which sets forth
its resolution 10-175-97 adopted on October 28, 1997, with regard to
Petition 97-9-1-14, submitted by Leo Soave for a change of zoning of
property located on the west side of Farmington Road, south of Norfolk, in
the Northeast 1/4 of Section 4, from RUFA to R-3, and the Council having
conducted a public hearing with regard to this matter on December 10,
1997, pursuant to Council Resolution 910-97, and the Council having
approved Petition 97-9-1-14 for preparation of the ordinance for
submission to Council, 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:
30663
AYES McGee, Taylor, Feenstra, Brosnan, Vandersloot, and Laura.
NAYS None
The President declared the resolution adopted.
Duggan returned to the podium at 9.02 p m.
A communication from the Office of the Mayor, dated December 16, 1997,
re: administrative response to CR 980-97 - recommendation on advanced life support
training provider for the Livonia Firefighters - was received and placed on file for the
information of the Council
On a motion by Feenstra, seconded by Taylor, and unanimously adopted,
it was.
#1048-97 RESOLVED, that having considered a communication from
Council President Joe Laura, dated December 10, 1997, to which is
attached a communication from MAT Court Recording & Court Services,
dated December 10, 1997, the Council does hereby approve of an
extension of the current contract between the City of Livonia and MAT
Court Recording & Court Services, 6225 Ardmore Park Circle, Dearborn
Heights, Michigan 48127, to provide recording and transcription services
for the City of Livonia Zoning Board of Appeals meetings for the period
February 5, 1998, through November 30, 1998, at the rate of$15 00 per
hour for recording the Zoning Board of Appeals meetings and $2.85 per
page for the transcription of the meeting minutes, from funds already
budgeted for this purpose in Account No. 101-815-818-000 (Contractual
Services), and the Mayor and City Clerk are hereby authorized to execute
a contract, for and on behalf of the City of Livonia, with the aforesaid
company and to do all things necessary or incidental to the full
performance of this resolution; FURTHER, the Council does hereby
authorize the action herein without competitive bidding in accordance with
Section 3 04 140D4 of the Livonia Code of Ordinances, as amended.
On a motion by McGee, seconded by Brosnan, it was:
#1049-97 RESOLVED, that having considered a communication from
the Mayor, dated December 12, 1997, and pursuant to Section 2.200 070
of the Livonia Code of Ordinances, as amended, the Council does hereby
disapprove of the appointment of the following individuals to the Board of
Ethics for the terms of office as designated herein.
30664
Audrey Greenleaf, for a two-year term expiring January 14, 2000;
James R. McCann, for a two-year term expiring January 14, 2000;
Richard McDowell, for a three-year term expiring January 14, 2001,
Father George Shalhoub, for a three-year term expiring January 14, 2001,
Lora Weingarden, for a one-year term expiring January 14, 1999
A roll call vote was taken on the foregoing resolution with the following result:
AYES McGee, Duggan, Feenstra, and Brosnan.
NAYS Taylor, Vandersloot, and Laura.
The President declared the resolution adopted.
On a motion by McGee, seconded by Feenstra, and unanimously
adopted, it was.
#1050-97 RESOLVED, that having considered a communication from
the Mayor, dated December 12, 1997, concerning the appointment of
various individuals to the Board of Ethics, the Council does hereby refer
the subject of the appointment of the members of the Board of Ethics to
the Committee of the Whole for its report and recommendation.
McGee gave first reading to the following Ordinance
AN ORDINANCE AMENDING SECTION 290 OF TITLE 2,
CHAPTER 97 (THE CITY OF LIVONIA EMPLOYEES
RETIREMENT SYSTEM DEFINED CONTRIBUTION PLAN)
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 Feenstra, seconded by Duggan, and unanimously
adopted, it was:
#1051-97 RESOLVED, that having considered a letter from the
Michigan Liquor Control Commission, dated December 30, 1996, and a
report and recommendation from the Chief of Police, dated December 4,
1997, approved for submission by the Mayor, regarding a request from
Rite-Aid of Michigan, Inc. to transfer ownership of 1996 SDD-SDM
licensed business, with Sunday Sales (in escrow), from Apex Drugs
Stores, Inc., and transfer location from 29350 Plymouth Road, Livonia,
30665
Michigan 48150, Wayne County, to a business located at 27401 West Six
Mile Road, Livonia, Michigan 48152, Wayne County, the Council does
hereby recommend denial of this request inasmuch as this applicant's
request for waiver use approval was denied and therefore this applicant
would be in violation of and in noncompliance with the requirements
prescribed by Section 11 03 of Livonia Zoning Ordinance No 543, as
amended, and the City Clerk is hereby requested to forward a certified
copy of this resolution to the Michigan Liquor Control Commission.
No one from the audience spoke at this time
Council Vice President Brosnan presented Council President Laura with
the gavel for his service as the City Council President from January 1, 1996 through
December 31, 1997
Councilmember Feenstra thanked his family for all their support and
sacrifices during the time he served on Council
Councilmember McGee stated he enjoyed his nearly six (6) years on the
Council, thanked his wife, Mary, for all her support, as well as his family (brothers
Kevin, Tim and Patrick, and sister, Maureen), friends, neighbors and colleagues on the
Council, as well as the voters for giving him the priviledge to serve
Once again Councilmember Taylor thanked his wife and family for their
support over the years, and also welcomed the newly-elected Councilmembers and
wished them well
In closing, President Laura asked for a round of applause for Fernon P
Feenstra, Gerald "Joe" Taylor, and Michael P McGee in recognition of their service
and dedication to the City He also announced that the inauguration ceremony to
swear into office the four (4) newly-elected Councilmembers (incumbent Brian Duggan,
President-elect Jack Engebretson, Vice President-elect John Walsh, and John Pastor),
as well as re-elected City Clerk Joan McCotter and re-elected City Treasurer Laura
30666
Toy, will be held at 8:00 p m. on Thursday, December 18, 1997 in the City Hall
auditorium. All were invited to attend.
On a motion by Taylor, seconded by Feenstra, and unanimously adopted,
this 1,359th Regular Meeting of the Council of the City of Livonia was adjourned at 9.17
p m., December 17, 1997
r ,
IP. Li- 6))- --(-LT-i-
J n McCotter, City Clerk