HomeMy WebLinkAboutCOUNCIL MINUTES 1997-08-27 30406
MINUTES OF THE ONE THOUSAND THREE HUNDRED AND FIFTY-FIRST
REGULAR MEETING OF THE COUNCIL OF THE CITY OF LIVONIA
On August 27, 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 Council Vice President Brosnan delivered the invocation
Roll was called with the following result: Maureen Miller Brosnan, Val
Vandersloot, Michael P McGee, Gerald Taylor, Brian Duggan, Fernon P Feenstra,
and Joe Laura. 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;
Ann W Tavolacci, Deputy City Clerk, Linda McCann, Director of Community
Resources, John Fegan, Director of Inspection, Ronald Reinke, Superintendent of
Parks and Recreation, Sue Daniel, Historical Commission, Barry Sherman, President of
Livonia Police Lieutenant's and Sergeant's Association, and Tom Funke, President of
Livonia Police Officers Association
On a motion by Feenstra, seconded by Duggan, and unanimously
adopted, it was
#675-97 RESOLVED, that the minutes of the 1,350th Regular
Meeting of the Council of the City of Livonia, held August 11, 1997, are
hereby approved as submitted
Council President Laura congratulated Council Vice President Brosnan
and her husband, Sean, on the recent birth of their son
Council Vice President Brosnan stated that their new son, Brendan Rory
Brosnan, was born on Wednesday, August 20, 1997, weighed 6 lbs 9 oz., 20" long,
and was named after his two (2) grandfathers
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No one from the audience wished to speak at this time
A communication from the Director of Public Works, dated August 13,
1997, re administrative response to CR 531-97 - status of the Hillcrest Court
Development at Five Mile and Spanich Court, on the east side of the Kroger project -
was received and placed on file for the information of the Council
On a motion by Feenstra, seconded by Brosnan, and unanimously
adopted, it was
#676-97 RESOLVED, that having considered the report and
recommendation of the City Engineer, dated August 20, 1997, which
bears the signature of the Director of Finance, is approved by the Director
of Public Works and the Chairman of the Water and Sewer Board, and is
approved for submission by the Mayor, with regard to the Edgewood
Sanitary Sewer Replacement Project, the Council does hereby concur in
the action taken by the administration in terminating the existing contracts
between the City and T H B Building and Development Co for the
Edgewood Sanitary Sewer Replacement Project (Contract 96-S) and the
1996 Water Main Crossing Replacement Program (Contract 96-N) as of
July 31, 1997, based upon the failure of T H B to comply with all the
terms and requirements of these contracts, FURTHER, the Council does
hereby authorize the Director of Public Works - Engineering Division to
designate additional contractors to complete remaining construction items
with respect to Contract 96-S and does hereby authorize the execution of
a change order in the amount of $34,090 90 to the 1997 Concrete
Pavement and Catch Basin Repair Program (Contract 97-N) for the cost
of removal and replacement of pavement adjacent to and north of
Edgewood Drive and the portion of three drive approaches between the
sidewalk and the curb, FURTHER, the Council does hereby appropriate
and authorize an expenditure in the amount of $34,090 90 from Account
No 592-///-158-031 (Construction-in-Progress Water Main Replacement)
for this purpose, FURTHER, the Council does hereby authorize such
action without competitive bidding for the reasons indicated in the
aforesaid communication and such action is taken in accordance with
Section 3 04 140D1 and D4 of the Livonia Code of Ordinances, as
amended
Communications from the Department of Law, dated August 18, 1997,
and from the Engineering Division, dated August 25, 1997, re Pines of Winfield
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Subdivision and the restoration work on Sheffield Estates homeowners' lots were
received and placed on file for the information of the Council
At the direction of the Chair, Item #10 was removed from the Consent
portion of the Agenda.
On a motion by Duggan, seconded by Brosnan, it was
#677-97 RESOLVED, that having considered an application from
David Thomas, 19749 Donna, dated July 25, 1997, requesting permission
to close Donna Street between Fairfax and Pembroke on Saturday,
September 6, 1997, from 2 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, September 7, 1997, in the event of inclement weather, the action
taken herein being made subject to the approval of the Police
Department.
#678-97 RESOLVED, that having considered a letter from Helen M
Oppat, dated July 24, 1997, representing the St. Aidan Women's Guild,
which requests permission to display signs announcing St. Aidan's 14th
Annual Craft Show to be held on Saturday, October 18, 1997, which signs
are to be 18" x 24" in size and which will be displayed at all major
intersections in the City from October 10, 1997, through October 19,
1997, the Council does hereby grant and approve this request in the
manner and form herein submitted
#679-97 RESOLVED, that having considered a letter from Kathy
Sternik, 29860 Mason, Livonia, Michigan 48154, dated August 7, 1997,
which, in behalf of the St. Genevieve Elementary School, requests
permission to place signs advertising a fund-raiser rummage sale to be
conducted on Friday and Saturday, October 10 and 11, 1997, one 3-1/2' x
2-1/2' sign to be installed at the southeast corner of Jamison and
Middlebelt on Friday, September 26, 1997, and the remaining five signs
(not to exceed 3 square feet in size) to be installed on Friday, October 3,
1997, at the following intersections
Middlebelt and Schoolcraft (Northeast corner)
Lyndon and Harrison (Northeast corner)
Lyndon and Inkster (Southwest corner)
Five Mile and Garden (West side of street)
Five Mile and Middlebelt (Southeast corner)
and all signs to be removed by 5 00 p m on Saturday, October 11 1997,
the Council does hereby grant and approve this request in the manner
and form herein requested
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#680-97 RESOLVED, that having considered a letter from Mr
Michael Thomasian, dated July 14, 1997, requesting elimination of the
sidewalk requirement with respect to the new construction located at
18355 Melvin, the Council does hereby refer this matter to the Director of
Public Works -- Engineering Division for its report and recommendation
#681-97 RESOLVED, that having considered a letter from Verne A.
Wesman, 34277 Hathaway, Livonia, Michigan 48150, dated July 16,
1997, wherein a request is made to purchase certain City-owned property
located at 36413 Parkdale, the Council does hereby refer this matter to
the Department of Law for its report and recommendation
#682-97 RESOLVED, that having considered a communication from
the City Assessor, dated July 28, 1997, approved for submission by the
Mayor, with regard to a request from Daniel Andrew of First Industrial
Realty Trust, Inc., 24800 Denso Drive, Suite 175, Southfield, Michigan
48034, 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 and combination of
Tax Item Nos 46 119 99 0018 000 and 46 119 99 0019 000 into four (4)
parcels, the legal descriptions of which shall read as follows.
PARCEL A.
Part of the South 1/2 of Section 30, T 1 S , R 9 E , City of Livonia,
Wayne County, Michigan, being more particularly described as
commencing at the East 1/4 corner of said Section 30; thence S
88°03'32" W , 2058 21 feet, thence S 01°54'24" E , 587 05 feet to
the Point of Beginning, thence S 01°54'24" E , 1083 58 feet to a
point on the northerly line of Plymouth Road (120 00' wide), thence
along the northerly line of Plymouth Road N 76°30'44" W , 519 64
feet; thence N 01°54'24" W , 888 91 feet; thence N 88°16'56" E.,
43 98 feet; thence 236 11 feet along the arc of a curve to the left
(radius 435 28 feet, central angle 31°04'47", chord bears N
72°46'11" E , 233 23 feet), thence N 89°16'07" E , 232 13 to the
Point of Beginning Subject to all easements and restrictions of
record
PARCEL B.
Part of the South 1/2 of Section 30, T 1 S , R. 9 E , City of Livonia,
Wayne County, Michigan, being more particularly described as
commencing at the East 1/4 corner of said Section 30; thence S
88°03'32" W , 2058 21 feet, thence S 01°54'24" E , 1670 63 feet to
a point on the northerly line of Plymouth Road (120 00 feet wide),
thence along said northerly line, N 76°30'44" W , 519 64 feet to
the point of beginning, thence continuing along said northerly line
of Plymouth Road, N 76°30'44" W , 385 84 feet, thence N
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01°54'24" W , 787 71 feet to a point on the southerly line of the
Chesapeake and Ohio Railroad right-of-way (50 00 feet wide),
thence along said southerly line, N 88°16'56" E , 372 00 feet,
thence S 01°54'24" E , 888 91 feet to the point of beginning
Containing 311,850 square feet, or 7 16 acres Subject to
easements and restrictions of record
PARCEL C.
Part of the South 1/2 of Section 30, T 1 S , R. 9 E , City of Livonia,
Wayne County, Michigan, being more particularly described as
commencing at the East 1/4 corner of said Section 30; thence S
88°03'32" W , 2058 21 feet, thence S 01°54'24" E , 1670 63 feet to
a point on the northerly line of Plymouth Road (120 00 feet wide),
thence along said northerly line, N 76°30'44" W , 905 49 feet to
the point of beginning, thence continuing along said northerly line
of Plymouth Road, N 76°30'44" W , 429 14 feet; thence N
01°56'25" W , 675 15 feet to a point on the southerly line of the
Chesapeake and Ohio Railroad right-of-way (50 00 feet wide),
thence along said southerly line, N 88°16'56" E , 414 14 feet;
thence S 01°54'24" E , 787 71 feet to the point of beginning
Containing 302,758 square feet, or 6 95 acres Subject to
easements and restrictions of record
PARCEL D.
Part of the South 1/2 of Section 30, T 1 S , R. 9 E , City of Livonia,
Wayne County, Michigan, being more particularly described as
commencing at the East 1/4 corner of said Section 30; thence S
88°03'32" W , 2058 21 feet, thence S 01°54'24" E , 33 00 feet to
the Point of Beginning, thence S 01°54'24" E , 554 05 feet; thence
S 89°16'07" W , 232 13 feet; thence 451 35 feet along the arc of a
curve to the left (radius 435 28 feet, central angle 59°04'47", chord
bears N 27°31'28" E , 431 40 feet), thence N 02°09'24" W ,
173 55 feet; thence N 02°09'24" E , 20 86 feet to a point on the
southerly line of Amrhein Road (66 00' wide), thence along the
southerly line of Amrhein Road S 88°03'32" E , 20 86 feet to the
Point of Beginning Subject to all 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
A communication from the Department of Parks and Recreation, dated
July 17, 1997, re administrative response to CR 20-97 - whether the property west of
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31140 Lyndon (known as the Bai-Lynn Playfield) should be used as a City park -was
received and placed on file for the information of the Council
A communication from the Department of Parks and Recreation, dated
July 22, 1997, re administrative response to CR 436-97 - the matter of the painting
and maintenance of the light poles and fixtures at Botsford Pool - was received and
placed on file for the information of the Council
#683-97 RESOLVED, that having considered the report and
recommendation of the Chief of Police, dated August 6, 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 offer by
Twoway Radio, Inc. 2128 Trumbull Avenue, Detroit, Michigan 48216, for
the purchase of certain City-owned used radio equipment, as detailed in
the aforesaid communication with attachments, in the amount of
$10,000 00, the same having been in fact the highest and only offer to
purchase received with respect to this item, and the Chief of Police is
hereby requested to do all things necessary or incidental to the full
performance of this resolution
#684-97 RESOLVED, that having considered a communication from
the Director of Community Resources, dated August 8, 1997, approved by
the City Attorney and approved for submission by the Mayor, to which is
attached a proposed contract for caretaking services at the Historical
Village at Greenmead between the City of Livonia and Gregg Mabey, the
term of which is August 18, 1997, through August 17, 1998, the Council
does hereby approve and authorize the Mayor and City Clerk, for and on
behalf of the City of Livonia, to execute the contract, as well as to do all
other things necessary or incidental to the full performance of this
resolution
#685-97 RESOLVED, that having considered a communication from
the Director of Community Resources, dated August 6, 1997, 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 Child and Family Services-Huron Services for Youth, 1952
Industrial, Ann Arbor, Michigan 48104, for the period July 1, 1997 through
December 30, 1997, 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 to execute an
agreement with SMART for support of this program, provided that the
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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
#686-97 RESOLVED, that having considered a communication from
the Director of Community Resources, dated August 6, 1997, 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 Fiscal Year 1998 Municipal Credit and Community Credit
Contract, the Council does hereby refer this matter to the Finance,
Insurance and Budget Committee for its report and recommendation.
#687-97 RESOLVED, that having considered a communication from
the Director of Community Resources and the President and Treasurer of
Senior Citizen Achievement Needs, dated August 6, 1997, 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 a 1997 19-passenger Ford vehicle with two
wheelchair tie downs valued at $55,459 00 from SMART to be used in
connection with the Senior Transportation Program.
#688-97 RESOLVED, that having considered a communication from
the Water and Sewer Board, dated July 29, 1997, which bears the
signature of the Director of Finance and is approved for submission by
the Mayor, and which transmits Water and Sewer Board resolution WS
3195 7/97, the Council does hereby accept the low quotation of Metro
Meter Service, Inc., P 0 Box 21331, Owensboro, Kentucky 42304, to
test, repair and calibrate large commercial water meters at the unit prices
quoted for all meter sizes requested for the period through December 31,
1998, for the amount of $17,120 00 per year, plus an additional $8,000 00
per year for the purchase of repair parts, FURTHER, in the event the
aforesaid company is unable to perform the said service, the Council
does hereby accept the second low quotation of S L.0 Hydro-Meter
Testing & Repair, 3059 Dixie Highway, Waterford, Michigan 48328, as an
alternate to perform this work at the unit prices quoted for all meter sizes
requested for the period through December 31, 1998, for the sum of
$18,066 00 per year, plus an additional $8,000 00 per year for the
purchase of repair parts, and the Council does hereby authorize the
action herein without competitive bidding in accordance with Section
3 04 14004 of the Livonia Code of Ordinances, as amended.
#689-97 RESOLVED, that having considered the report and
recommendation of the Water and Sewer Board, dated August 4, 1997,
approved by the Director of Finance and approved for submission by the
Mayor, and which transmits resolution WS 3192 7/97 adopted by the
Water and Sewer Board on July 28, 1997, and to which is attached a
proposed Wayne County-Livonia Agreement regarding financing for the
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Pump Station 1A Project, the Council does hereby designate the Mayor
and the Director of Public Works to act as the authorized officers to
execute the aforesaid finance agreement for and on behalf of the City of
Livonia, and the Council does hereby authorize the borrowing of the
funds by the County of Wayne on behalf of the City of Livonia from the
State Revolving Fund in an amount not to exceed $426,845 00 (includes
5% contingency)
#690-97 RESOLVED, that having considered the report and
recommendation of the Director of Public Works, dated July 31, 1997,
which bears the signature of the Director of Finance and is approved for
submission by the Mayor, and to which is attached a proposed Animal
Sheltering Agreement between the City of Livonia and the Michigan
Humane Society, 3600 Auburn Road, Rochester Hills, Michigan 48309,
which would extend the current contract for an additional one year period
commencing October 1, 1997, through September 30, 1998, and wherein
the Michigan Humane Society would continue to provide for the sheltering
of animals during this additional period at a cost of $11 50 per day for
boarding, the Council does hereby authorize the Mayor and City Clerk, for
and on behalf of the City of Livonia, to execute the attached agreement;
FURTHER, the Council does hereby authorize the said item without
competitive bidding in accordance with Section 3 04 140D2 and D4 of the
Livonia Code of Ordinances, as amended
#691-97 RESOLVED, that having considered the report and
recommendation of the Director of Public Works and the Superintendent
of Public Service, dated July 31, 1997, which bears the signature of the
Director of Finance and is approved for submission by the Mayor, the
Council does hereby approve a one-year extension of the existing
contract with G & M Enterprises Ltd , 19614 W Eight Mile Road,
Southfield, Michigan 48075, for completing all sweeping required for the
City's 1997 Leaf Pickup Program at the unit prices bid in September,
1996, 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
#692-97 RESOLVED, that having considered a communication from
the Department of Law, dated August 7, 1997, approved for submission
by the Mayor, to which is attached the Consent Judgment entered in
connection with Wayne County Circuit Court Case No 95-531075 CE,
Thomas Guastello v City of Livonia, the Council does hereby refer the
subject of a proposed modification of such Consent Judgment to approve
a new user and site plan to the Committee of the Whole for its report and
recommendation
#693-97 RESOLVED, that having considered the report and
recommendation of the Director of Public Works - Engineering Division,
dated August 5, 1997, which bears the signature of the Director of
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Finance and is approved for submission by the Mayor, the Council does
hereby accept the low quotation submitted by Rotondo Construction
Corp , 20793 Farmington Road, Suite 5, Farmington, Michigan 48336, for
completing all work required in connection with the construction of a
driveway along the north 20 feet of the private property located at 12240
Merriman Road in connection with the Merriman Road Grade Separation
Project (Wayne County Circuit Court Case No 94-9428972 CC) for the
sum of $22,514 00; FURTHER, the Council does hereby appropriate and
authorize the expenditure of a sum not to exceed $22,514 00 from the
General Obligation Road Improvement Bond Issue for this purpose, and
the Director of Public Works - Engineering Division 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 company and to do
all other things necessary or incidental to the full performance of this
resolution, FURTHER, the Council does hereby authorize the action
herein without competitive bidding for the reasons indicated in the
aforesaid communication, and such action is taken in accordance with
Section 3 04 140D1 and D4 of the Livonia Code of Ordinances, as
amended
#694-97 RESOLVED, that having considered the report and
recommendation of the Director of Public Works - Engineering Division,
dated August 6, 1997, which bears the signature of the Director of
Finance and is approved for submission by the Mayor, the Council does
hereby accept the unit price bid of Nagle Paving Company, 30630 West
Twelve Mile Road, Farmington Hills, Michigan 48334, for completing all
work required in connection with the Hidden Lane and Bell Creek Farms
Subdivision paving (Contract 97-L) for the estimated total cost of
$172,506 60, based upon the Engineering Division's estimate of units
involved, and subject to a final payment based upon the actual units
completed in accordance with the unit prices accepted herein, said
estimated cost and unit prices having been in fact the lowest bid received
for this item, and the Council does hereby authorize an advance in the
amount of$152,955 68 from the General Obligation Road Improvement
Bond Issue for this purpose with the provision that:
1) the Bond Issue be reimbursed from that portion of the project
which is to be financed by special assessment at such time as
funds are available from the future Special Assessment Bond
Issue, and
2) the Bond Issue be reimbursed for the City's portion of the project
at such time as funds may be available from the Michigan
Transportation Fund (Local Road Account),
and the Council does hereby appropriate and authorize the expenditure
of a sum not to exceed $19,550 92 from the Michigan Transportation
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Fund (Local Road Account) for the City's portion of the work, and the
Director of Public Works - Engineering Division 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
#695-97 RESOLVED, that having considered a communication from
the Mayor, dated July 30, 1997, submitted pursuant to Council Resolution
109-97, with respect to the reorganization of administrative
responsibilities for the City's economic development functions, the
Council does hereby refer this matter to the Finance, Insurance and
Budget Committee for its report and recommendation.
#696-97 RESOLVED, that having considered a communication from
the Director of Finance, dated August 13, 1997, and approved for
submission by the Mayor, the Council does hereby determine to conduct
a public hearing on Monday, October 6, 1997, at 8 00 p m at the City
Hall, 33000 Civic Center Drive, Livonia, Michigan, with respect to the
following items
1 The proposed annual budget for the City of Livonia for the fiscal
year ending November 30, 1998, and
2 The public hearing required by Act 5 PA 1982, in connection with
the Truth in Taxation hearing,
and the City Clerk shall give adequate public notice of said public hearing
in accordance with provisions of law and City Charter
#697-97 WHEREAS, the City Clerk has received an Application for
Industrial Facilities Exemption Certificate from EPI Printers, Inc., 13305
Wayne Road, Livonia, Michigan, dated August 11, 1997, covering new
industrial facilities to be located within City of Livonia Industrial
Development District 54,
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
r 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
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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 Wednesday, October 1, 1997, at
7 00 p m at the Livonia City Hall, 33000 Civic Center Drive,
Livonia, Michigan
3 The Council hereby sets Wednesday, October 1, 1997, 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
A roll call vote was taken on the foregoing resolutions with the following result:
AYES Brosnan, Vandersloot, McGee, Taylor, Duggan, Feenstra, and
Laura.
NAYS None
On a motion by Feenstra, seconded by Taylor, and unanimously adopted,
it was
#698-97 RESOLVED, that having considered a communication from
the Michigan Liquor Control Commission, dated April 15, 1997, and the
report and recommendation of the Chief of Police, dated August 8, 1997,
approved for submission by the Mayor, with respect to a request from
Kmart Corporation for a new SDM license to be located at 30255
Plymouth Road, Livonia, Michigan 48150, Wayne County, the Council
does hereby recommend that the Liquor Control Commission deny the
said request as the applicant has failed to comply with the standard
investigative procedure conducted by the Police Department in
connection with this request; and the City Clerk is hereby requested to
forward a certified copy of this resolution to the Michigan Liquor Control
Commission
A communication from Teresa S Decker, Consultant, Varnum, Riddering,
Schmidt & Howlett, LLP, dated August 12, 1997, re administrative response to CR 429-
97 -the City's authority to regulate satellite dishes placed on school property, defining
the terms "fail" and "refuse", franchise fees, etc. -was received and placed on file for
the information of the Council
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On a motion by Feenstra, seconded by Brosnan, and unanimously
adopted, it was
#699-97 RESOLVED, that the Council does hereby refer to the
Mayor and the Department of Law to approve an appropriation of $250 00
to file comments with the Federal Communications Commission as
referenced in a letter from Teresa S Decker dated August 13, 1997
On a motion by Feenstra, seconded by Brosnan, and unanimously
adopted, it was
#700-97 RESOLVED, that having considered the report and
recommendation of the Legislative Committee, dated August 12, 1997,
submitted pursuant to Council Resolution 540-96, with respect to a
proposed amendment to Section 18 42 of the Zoning Ordinance to
regulate the installation of cellular/communication towers and antennas,
the Council does hereby request that the Department of Law prepare a
proposed ordinance amendment to have a 300 foot separation in lieu of a
1,500 foot separation between towers situated on Public zoned lands and
residential property and thereafter submit the proposed ordinance
amendment to Council for its consideration
On a motion by Feenstra, seconded by Brosnan, and unanimously
adopted, it was
#701-97 RESOLVED, that having considered the report and
recommendation of the Legislative Committee, dated August 12, 1997,
submitted pursuant to Council Resolution 540-96, with respect to a
proposed amendment to Section 18 42 of the Zoning Ordinance to
regulate the installation of cellular/communication towers and antennas,
the Council does hereby refer this item to the Department of Law to
prepare a proposed ordinance amendment to conform with the language
in Appendix A attached to the communication from Teresa S Decker,
Consultant, Varnum, Riddering, Schmidt & Howlett, LLP, dated August 12,
1997, and thereafter submit the proposed ordinance amendment to
Council for its consideration
On a motion by Feenstra, seconded by Brosnan, and unanimously
adopted, it was
#702-97 RESOLVED, that having considered the report and
recommendation of the Legislative Committee, dated August 12, 1997,
submitted pursuant to Council Resolution 540-96, with respect to a
proposed amendment to Section 18 42 of the Zoning Ordinance to
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regulate the installation of cellular/communication towers and antennas,
the Council does hereby refer this item to the Department of Law to
prepare a proposed ordinance amendment to adopt a $100 annual
licensing fee to be used to monitor the EMF power output of each wireless
communication facility previously installed and newly installed, and
thereafter submit the proposed ordinance amendment to Council for its
consideration
On a motion by Feenstra, seconded by Duggan, and unanimously
adopted, it was.
#703-97 RESOLVED, that having considered the report and
recommendation of the Legislative Committee, dated August 12, 1997,
submitted pursuant to Council Resolution 779-96, with respect to a review
of Section 15 44 090, Residential District Regulations, of the Fence
Ordinance, and the report and recommendation of the Department of Law,
dated August 8, 1997, approved for submission by the Mayor, submitted
pursuant to Council Resolution 58-97, the Council does hereby determine
to take no further action with respect to this matter
A communication from the Department of Law, dated August 15, 1997, re
administrative response to CR 176-97 - review of the City of Ann Arbor ordinance
setting forth a road replacement schedule - was received and placed on file for the
information of the Council
On a motion by Feenstra, seconded by Brosnan, and unanimously
adopted, it was
#704-97 RESOLVED, that having considered the report and
recommendation of the Legislative Committee, dated August 12, 1997,
submitted pursuant to Council Resolution 174-97, regarding the subject of
a possible ordinance amendment setting forth a road repair schedule and
the subject of a possible funding formula for such road repair, as well as a
communication from Roy D Puckett, 10th Mountain Division Association,
Lower Michigan Chapter, dated February 14, 1997, regarding the poor
condition of existing roads in the City, the Council does hereby determine
to take no further action with respect to this item
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A communication from the Department of Law, dated May 8, 1997, re the
subject of non-binding referendum petitions was received and placed on file for the
information of the Council (CR 259-97)
On a motion by Feenstra, seconded by Vandersloot, and unanimously
adopted, it was
#705-97 RESOLVED, that having considered the report and
recommendation of the Legislative Committee, dated August 12,
submitted pursuant to Council Resolution 259-97, regarding the subject of
video gaming and a possible non-binding ballot referendum on this
subject, the Council does hereby determine to take no further action with
respect to this matter
On a motion by Brosnan, seconded by McGee, it was
#706-97 RESOLVED, that the Council does hereby refer to the
Department of Law for the preparation of an ordinance that states if video
gaming is approved by the State of Michigan, that it shall be prohibited by
the City of Livonia.
A roll call vote was taken on the foregoing resolution with the following result:
AYES Brosnan, McGee, Taylor, and Duggan
NAYS Vandersloot, Feenstra, and Laura
The President declared the resolution adopted
A communication from Councilman McGee, dated August 11, 1997, re
the proposed Ethics Ordinance as revised by Councilman McGee and Janet Cooper,
Chairperson of the Livonia Citizens Advisory Committee, was received and placed on
file for the information of the Council (CR 1176-96)
On a motion by Feenstra, seconded by Taylor, and unanimously adopted,
it was
#707-97 RESOLVED, that the Council does hereby refer to the
Department of Law for its report and recommendation the subject of the
legality of the proposed Ethics Ordinance as to the following 1) whether
or not it violates the Livonia City Charter; 2) whether it unlawfully
30420
discriminates between classes of employees, and 3) whether an
exemption under Section 13 of the Michigan Freedom of Information Act
may be included relating to complaints submitted to the Board of Ethics
and the documents compiled by the Board of Ethics in respect of such
complaints, such report and recommendation to include recommended
changes in the event certain language therein is deemed legally
impermissible
Robert Snyder, 16774 Ronnie Lane, indicated his opposition to this
referral resolution as a delaying tactic in the passage of the ordinance
Barry Sherman, President of the Livonia Police Lieutenant's and
Sergeant's Association, stated that although positive changes have been made, the
Association is still opposed to this proposed ordinance, in particular, the definition of
"City employee," as it changes working conditions He mentioned that Tom Funke,
President of the Livonia Police Officers Association, was also present.
McGee took from the table, for second reading and adoption, the
following Ordinance
AN ORDINANCE AMENDING SECTION 060 OF TITLE 15,
CHAPTER 32 (PROPERTY MAINTENANCE CODE) OF THE
LIVONIA CODE OF ORDINANCES, AS AMENDED
A roll call vote was taken on the foregoing Ordinance with the following result:
AYES Brosnan, Vandersloot, McGee, Taylor, Duggan, Feenstra, and
Laura.
NAYS None
The President declared the foregoing Ordinance duly adopted, and would become
effective on publication
Feenstra took from the table, for second reading and adoption, the
following Ordinance
AN ORDINANCE AMENDING SECTIONS 010, 020 AND 150
OF TITLE 5, CHAPTER 42 (HOTELS, MOTOR COURTS,
LODGINGHOUSES, ROOMINGHOUSES, ONE-FAMILY
RENTAL DWELLINGS, TWO-FAMILY RENTAL DWELLINGS
AND MULTIPLE-FAMILY RENTAL DWELLINGS) OF THE
LIVONIA CODE OF ORDINANCES, AS AMENDED
A roll call vote was taken on the foregoing Ordinance with the following result:
30421
AYES Brosnan, Vandersloot, McGee, Taylor, Duggan, Feenstra, and
Laura
NAYS None
The President declared the foregoing Ordinance duly adopted, and would become
effective on publication
Taylor took from the table, for second reading and adoption, the following
Ordinance.
AN ORDINANCE AMENDING SECTION 030 OF TITLE 15,
CHAPTER 56 (PERMITS AND INSPECTION FEES) OF THE
LIVONIA CODE OF ORDINANCES, AS AMENDED
A roll call vote was taken on the foregoing Ordinance with the following result:
AYES Brosnan, Vandersloot, McGee, Taylor, Duggan, Feenstra, and
Laura.
NAYS None
The President declared the foregoing Ordinance duly adopted, and would become
effective on publication
A communication from the Department of Law, dated July 11, 1997, re.
administrative response to CR 546-97 - the sale and use of alcohol in City parks -was
received and placed on file for the information of the Council
Taylor gave first reading to the following Ordinance
AN ORDINANCE AMENDING SECTION 010 OF TITLE 9,
CHAPTER 42 (USE OF PARKS AND PLAYGROUNDS) 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
30422
Duggan took from the table, for second reading and adoption, the
following Ordinance
imp
AN ORDINANCE AMENDING SECTION 12 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 97-4-1-4)
A roll call vote was taken on the foregoing Ordinance with the following result:
AYES Brosnan, Vandersloot, McGee, Taylor, Duggan, Feenstra, and
Laura.
NAYS None
The President declared the foregoing Ordinance duly adopted, and would become
effective on publication
Taylor 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 97-4-1-5)
A roll call vote was taken on the foregoing Ordinance with the following result:
AYES Brosnan, Vandersloot, McGee, Taylor, Duggan, and Feenstra.
NAYS Laura.
The President declared the foregoing Ordinance duly adopted, and would become
effective on publication
Alan M Greene, attorney representing the Tandy Corporation, owner of the
property, indicated their opposition to this rezoning and stated that serious negotiations
were under way for the use of this property under its current zoning
30423
A communication from the Planning Department, dated August 15, 1997,
re a legal protest of the aforementioned rezoning petition (Petition 97-4-1-5) requiring
a three-fourths majority vote of the Council was received and placed on file for the
information of the Council
On a motion by Feenstra, seconded by Duggan, and unanimously
adopted it was
#708-97 RESOLVED, that having considered the report and
recommendation of the Chief of Police, dated July 28, 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 Bedzyk Brothers,
31523 W Eight Mile Road, Livonia, Michigan 48152, for completing all
work required in connection with the construction of a new gun range
facility for the Livonia Police Department for the sum of$255,500 00, the
Council having determined to accept such bid in lieu of the low bid for the
reasons outlined in the aforementioned report and recommendation, and
the bid of Sheridan Construction Inc. is hereby rejected for the reasons
indicated in the attachment; FURTHER, the Council does hereby
authorize the expenditure of a sum not to exceed $255,500 00, the same
to be appropriated and expended from the Unexpended Fund Balance in
the Federal Drug Forfeiture Fund 265, and the Chief of Police 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; FURTHER, the Council does hereby
waive any and all permit fees in connection with this project.
On a motion by Duggan, seconded by Feenstra, and unanimously
adopted, it was
#709-97 RESOLVED, that having considered a letter from the
Michigan Liquor Control Commission, dated March 6, 1997, and the
report and recommendation of the Chief of Police, dated July 31, 1997,
approved for submission by the Mayor, the Council does hereby approve
of the request from Bogarts Billiards & Cafe, Inc. for transfer of ownership
of a 1996 Tavern licensed business with Entertainment Permit without
Dressing Rooms from House of Billiards, Inc. and to transfer location from
28139 W Eight Mile Road, Livonia, Michigan 48152, Wayne County, and
to transfer classification to a Class C license with Sunday Sales for a
business located at 30282 Plymouth Road, Livonia, Michigan 48150,
Wayne County; and the City Clerk is hereby requested to forward a
30424
certified copy of this resolution to the Michigan Liquor Control
Commission.
On a motion by Feenstra, seconded by Duggan, and unanimously
adopted, it was
#710-97 RESOLVED, that having considered a communication from
the Director of Community Resources, dated August 8, 1997, approved
for submission by the Mayor, to which is attached a letter from Dee
Moran, Account Manager for W4 Country, requesting permission to hold
the Annual Boo Bash on Saturday, October 25, 1997, the Council does
hereby grant permission as requested, the action taken herein being
subject to the following conditions.
1 That W4 Country and all equipment operators shall provide the
City of Livonia with appropriate insurance policies naming the City
of Livonia as additional insured with liability coverage of $1 million,
and all certificates of insurance shall be submitted to the
Department of Law for approval by the City prior to the event; and
2 That W4 Country of Detroit shall execute a hold harmless
agreement in favor of the City of Livonia in a manner and form
acceptable to the Department of Law;
FURTHER, the Council does hereby deny the request to deviate from the
usual application of the City of Livonia Fees/Waivers IV Category Grid as
established in Council Resolution 371-93, adopted on May 5, 1993
A communication from the Department of Community Resources, dated
August 25, 1997, re additional information on the request from W4 Country for use of
the Greenmead property for the Annual Boo Bash to be held October 25, 1997, was
received and placed on file for the information of the Council
Duggan left the podium at 8 55 p m due to a conflict of interest, as Mr Duggan
represents the petitioner in another capacity
On a motion by Taylor, seconded by Feenstra, it was:
#711-97 RESOLVED, that having considered a communication from
the City Planning Commission, dated July 31, 1997, which transmits its
resolution 7-120-97, adopted on July 22, 1997, with regard to the
proposed preliminary plat of Kenwood Estates Subdivision to be located
on the west side of Sunset Boulevard between Fargo Avenue and
Morlock Street in the Northwest 1/4 of Section 2, City of Livonia, Wayne
30425
County, Michigan, and the preliminary plat having been approved by the
City Planning Commission on July 22, 1997, the Council does hereby
approve of the said preliminary plat based upon the same conditions as
those set forth in the aforesaid Planning Commission action and subject
to the receipt of a report and recommendation by the City Engineer
relative to the development plans and specifications for the improvements
therein, and the financial assurances guaranteeing the satisfactory
installation of such improvements, FURTHER, the Council does hereby
waive the open space requirement of the Subdivision Rules and
Regulations as well as the requirement for the 60 foot wide street right-of-
way width and a cul-de-sac radius of 60 feet as set forth in the
Subdivision Control Ordinance, FURTHER, the Council does hereby
waive any requirement for the installation of sidewalks
A roll call vote was taken on the foregoing resolution with the following result:
AYES Brosnan, McGee, Taylor, Feenstra, and Laura.
NAYS Vandersloot.
The President declared the resolution adopted
Duggan returned to the podium at 8 56 p m
A communication from the Department of Parks and Recreation, dated
August 19, 1997, re additional information on the Mies Park storm sewer extensions
change order request 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
#712-97 RESOLVED, that having considered the report and
recommendation of the Director of Public Works - Engineering Division,
dated August 5, 1997, which bears the signature of the Director of
Finance, is approved by the Superintendent of Parks and Recreation, and
is approved for submission by the Mayor, the Council does hereby
authorize the Director of Public Works - Engineering Division to execute a
change order in the amount of $4,331 50 to be paid to Countyline
Contractors, Inc. to perform additional work required in connection with
the Mies Park Storm Sewer Extension Project (Contract 97-Q), the same
to be expended from funds already budgeted for this purpose in Account
#101-707-974-000; FURTHER, the Council does hereby authorize the
action herein without competitive bidding for the reasons indicated in the
30426
aforesaid communication, and such action is taken in accordance with
Section 3 04 140D4 of the Livonia Code of Ordinances, as amended
On a motion by Feenstra, seconded by Duggan, and unanimously
adopted, it was.
#713-97 RESOLVED, that having considered a communication from
the City Clerk, dated August 26, 1997, which indicates that the proprietor
of Camborne Stark Road School Subdivision, situated in the Northwest
1/4 of Section 33, has delivered final true plats to the City Clerk and
requested that said plat be presented to Council for final approval, and
the Council having received a communication from the City Planning
Commission, dated August 21, 1997, wherein said Commission approves
the final plat for the said subdivision in its resolution 8-140-97, adopted
on August 19, 1997, and the Council having considered a report from the
City Engineer, dated August 13, 1997, recommending approval of the
final plat of said subdivision, the preliminary plat of which was approved
by the Council in its resolution 81-96, adopted on February 12, 1996, and
which preliminary plat approval was granted a one-year extension in
Council Resolution 138-97, adopted on February 26, 1997, said
preliminary plat having been recommended for approval by the City
Planning Commission on January 16, 1996, in its resolution 1-10-96,
NOW, THEREFORE, the Council does hereby determine to grant its
approval to the final plat of Camborne Stark Road School Subdivision
located in the Northwest 1/4 of Section 33, City of Livonia, Wayne
County, Michigan, as submitted by the proprietor thereof, which proprietor
is also hereby required to do all things necessary to obtain full
compliance with the Subdivision Control Act of Michigan of 1967, as
amended, and the ordinances of the City of Livonia, and FURTHER, the
City Clerk is hereby requested to do all things necessary or incidental to
the full performance of this resolution
On a motion by Taylor, seconded by Brosnan, and unanimously adopted,
it was.
#714-97 WHEREAS, pursuant to due and proper notice
published and mailed to all property owners in Special Assessment
District No 393, more particularly described in Council Resolution
346-97, adopted on April 30, 1997, as required by the provisions of
the City Charter and Title 3, Chapter 8 of the Livonia Code of
Ordinances, as amended, the City Council has duly met and reviewed
the special assessments levied in the special assessment roll
prepared by the City Assessor to cover the district in which street
lighting is to be installed, such roll having been prepared on the basis
of street lighting being installed beginning at a point 166 feet north of
the southerly boundary of Veterans Park and continuing northerly on
30427
Stark Road and easterly on Lyndon Avenue to Farmington Road in
the East 1/2 of Section 21 in said Special Assessment District No
393,
NOW, THEREFORE, BE IT RESOLVED, that the said Council does
hereby determine to install street lighting consisting of the installation of
sixteen (16) 100-watt high-pressure sodium lights on davitt poles with
underground wiring beginning at a point 166 feet north of the southerly
boundary of Veterans Park and continuing northerly on Stark Road and
easterly on Lyndon Avenue to Farmington Road and that the
assessments set forth in said Special Assessment District No 393 Roll
are fair and equitable and based upon benefits derived in said district, in
accordance with the plans of the City Engineer and resolutions of the
City Council, said Special Assessment Roll No 393 based on installation
of installation of sixteen (16) 100-watt high-pressure sodium lights on
davitt poles with underground wiring is hereby approved and confirmed
in all respects, 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 assessment roll
shall then be immediately transmitted to the City Treasurer who shall
take such further action as set forth in Title 3, Chapter 8 of the Livonia
Code of Ordinances, as amended, and the City Clerk is hereby
authorized to execute a Municipal Street Lighting Agreement for this
purpose, FURTHER, the Council does hereby appropriate and authorize
the expenditure of a sum not to exceed $8,000 00 from the Michigan
Transportation Fund (Major Road Account) in order to reimburse the
Detroit Edison Company for the first year contribution-in-aid costs in
connection with this street light installation project.
On a motion by Feenstra, seconded by Vandersloot, and unanimously
adopted, it was
#715-97 WHEREAS, pursuant to Act No 198 of the Public Acts of
1974, as amended, this Council has the authority to establish industrial
development districts within the boundaries of the City of Livonia, and
WHEREAS, a proposal was made regarding the establishment of an
industrial development district encompassing land situated in the City of
Livonia and comprised of an area of 1 873 acres lying in the Southwest
1/4 of Section 28, more particularly described in Exhibit A, attached
hereto and incorporated by reference herein, which area is hereinafter
referred to as "City of Livonia Industrial Development District No 68",
and
WHEREAS, written notice has been given by certified mail to Livonia
International Development, LLC, and its current tenant, Electricfil
Corporation, of the Council's pending action on this resolution and of its
30428
right to a hearing on the establishment of proposed City of Livonia
Industrial Development District No 68, and
WHEREAS, notice has been given to all interested owners, residents
and taxpayers in the Livonia area of a public hearing on the establishment
of the proposed City of Livonia Industrial Development District No 68,
and
WHEREAS, on August 13, 1997, a public hearing was held on the
establishment of proposed City of Livonia Industrial Development District
No 68, at which time Livonia International Development, LLC, and its
current tenant, Electricfil Corporation, and other taxpayers and residents
of the City of Livonia had an opportunity to be heard (a copy of the
statements both written and oral made at such hearing being on file with
this City Council), and a representative of Livonia International
Development, LLC, and its current tenant, Electricfil Corporation,
attended said hearing and acknowledged receipt of notice of such hearing
on behalf of the said corporation,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
LIVONIA, AS FOLLOWS
1 An Industrial Development District is hereby established, such
district to consist of the area described in Exhibit A, attached
hereto
2 Such Industrial Development District is hereby designated as the
"City of Livonia Industrial Development District No 68 "
EXHIBIT A
A parcel of land situated in the Southwest 1/4 of Section 28, T 1 S , R. 9
E , City of Livonia, Wayne County, Michigan, described as beginning at
the Southwest corner of Lot 17 of the Beldon Industrial Park Subdivision,
as recorded in Liber 101, Pages 99 and 100 of Wayne County Records
and proceeding thence along the West line of said Lot N Old 23m 38s E ,
108 64 feet; thence S 88d 41 m 40s E , 346 24 feet; thence S Old 23m
38s W , 262 27 feet, thence N 88d 36m 22s W , 147 00 feet; thence N
88d 41m 40s W , 162 11 feet; thence 35 60 feet along the arc of a curve
concave to the Southeast with a 150 00 foot radius, a 13d 36m 01 s
central angle and a chord of 35 52 feet with a chord bearing of N 35d
13m 42s E thence 171 00 feet along the arc of a curve concave to the
Southwest with a 75 00 foot radius, a 130d 38m 04s central angle and a
chord of 136 30 feet with a chord bearing of N 23d 17m 20s W to the
point of beginning; containing 1 873 acres
30429
FURTHER, the granting of approval for the establishment of the industrial
development district herein does not necessarily constitute approval of a
subsequent tax abatement since these are considered independent
matters
On a motion by Taylor, seconded by Brosnan, and unanimously adopted,
it was:
#716-97 RESOLVED, that having considered a communication from
the City Planning Commission, dated June 30, 1997, which sets forth its
resolution 6-95-97, adopted on June 17, 1997, with regard to Petition 97-
5-1-6, submitted by Charles Tangora for Communi Care, Inc. for a change
of zoning of property located on the east side of Newburgh Road between
Five Mile and Ladywood Roads in the Southwest 1/4 of Section 17, from
R2-A to R-9, and the Council having conducted a public hearing with
regard to this matter on August 13, 1997, pursuant to Council Resolution
576-97, the Council does hereby approve Petition 97-5-1-6 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.
On a motion by Feenstra, seconded by Brosnan, it was
#717-97 RESOLVED, that having considered a communication from
the City Planning Commission, dated May 28, 1997, which sets forth its
resolution 5-88-97, adopted on May 20, 1997, with regard to Petition 97-
3-2-9, submitted by Kmart Corporation requesting waiver use approval to
utilize an SDM license in conjunction with an existing store located on the
north side of Seven Mile Road between Farmington Road and Norwich
Avenue in the Southeast 1/4 of Section 4, which property is zoned C-2,
and the Council having conducted a public hearing with regard to this
matter on August 13, 1997, pursuant to Council Resolution 513-97, the
Council does hereby concur in the recommendation of the City Planning
Commission and said Petition 97-3-2-9 is hereby denied, for the following
reasons
1) That the petitioner has failed to affirmatively show that the
proposed use is in compliance with all of the special and general
waiver use standards and requirements as set forth in Sections
11 03 and 19 06 of the Zoning Ordinance #543,
2) That the proposed use fails to comply with the Zoning Ordinance
standards set forth in Section 11 03(1) with respect to the
30430
requirement that there be at least a 500 foot separation between
SDM licensed establishments,
3) That the proposed use is contrary to the spirit and intent of the
Zoning Ordinance which, among other things, is to promote and
encourage a balanced and appropriate mix of uses and not over
saturate an area with similar type uses as is being proposed, and
4) That the proposed use is incompatible to and not in harmony with
the surrounding uses in the area
Adrienne Vlasic, attorney for Kmart Corporation, as well as George Truszkowski of the
Kmart Corporation, requested approval of the foregoing petition, indicating Kmart was
requesting this approval as part of a new "pantry" concept.
A roll call vote was then taken on the foregoing resolution with the following result:
AYES Brosnan, Vandersloot, McGee, Taylor, Duggan, and Feenstra.
NAYS Laura.
The President declared the resolution adopted
On a motion by Duggan, seconded by Vandersloot, and unanimously
adopted, it was
#718-97 RESOLVED, that having considered a communication from
the Department of Law, dated August 1, 1997, approved for submission
by the Mayor, submitted pursuant to Council Resolution 17-95,
transmitting for Council acceptance a Warranty Deed dated June 5, 1997,
executed by the Galilean Baptist Church, conveying to the City certain
property described as follows
The North 60 feet of the following described parcels Parcel I The
North 3/4 of the West 1/2 of the West 1/2 of the Northeast 1/4 of
the Northwest 1/4 of Section 12, T 1 S , R. 9 E , City of Livonia,
Wayne County, Michigan, except the West 30 feet thereof and also
except the South 525 feet thereof Parcel ll The West 1/2 of the
East 1/2 of the Northwest 1/4 of the Northeast 1/4 of the Northwest
1/4 of Section 12, T 1 S , R. 9 E , City of Livonia, Wayne County,
Michigan Parcel III That part of the Northwest 1/4 of Section 12,
T 1 S , R. 9 E , City of Livonia, Wayne County, Michigan described
as beginning at a point on the North line of said section distant
East, 1,809 39 feet from the Northwest corner of Section 12 and
4160 proceeding thence South 153 00 feet; thence East 164 49 feet;
thence North 153 00 feet to the North line of Section 12, thence
West along said line 164 49 feet to the point of beginning
30431
the Council does hereby, for and in behalf of the City of Livonia, accept
the aforesaid Warranty Deed, and the City Clerk is hereby requested to
do all other things necessary or incidental to the full performance of this
resolution, and FURTHER, that the Mayor and City Clerk are authorized
to execute a Quit Claim Deed conveying the above-described property to
the County of Wayne in a form to be approved by the Department of Law
On a motion by Feenstra, seconded by Duggan, and unanimously
adopted, it was
#719-97 RESOLVED, that having considered an application from
Rose Brokaw, 30121 Mason, dated August 15, 1997, requesting
permission to close Mason between Melvin and Doris on Saturday,
September 13, 1997, from 2 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, September 14, 1997, in the event of inclement weather, the
action taken herein being made subject to the approval of the Police
Department.
On a motion by Taylor, seconded by Duggan, it was
#720-97 RESOLVED, that having considered a communication from
the Department of Law, dated August 18, 1997, the Council does hereby,
by a two-thirds roll call vote in accordance with Section 7(1) of the Open
Meetings Act, direct that a closed Committee of the Whole meeting be
held Wednesday, September 3, 1997, at 6 30 p m. for the purposes of
discussing litigation matters and attorney/client privileged
communications in connection with pending litigation.
A roll call vote was taken on the foregoing resolution with the following result.
AYES Brosnan, Vandersloot, McGee, Taylor, Duggan, Feenstra, and
Laura.
NAYS None
The President declared the resolution adopted
On a motion by Taylor, seconded by Duggan, and unanimously adopted,
it was
#721-97 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.
30432
On a motion by Feenstra, seconded by Taylor, and unanimously adopted,
tiro it was
#722-97 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, October 1, 1997, at 7 00 p m at the City Hall, 33000 Civic
Center Drive, Livonia, Michigan, with respect to the following item.
Petition 97-7-1-10, submitted by Danny Veri for a change of zoning
of property located on the east side of Newburgh Road, south of
Ann Arbor Trail, in the Southwest 1/4 of Section 32, from R-1 to
RC, the City Planning Commission in its resolution 8-139-97
having recommended to the City Council that Petition 97-7-1-10 be
denied,
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 amendment 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
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
On a motion by Feenstra, seconded by Duggan, and unanimously
adopted, it was
#723-97 RESOLVED, that having considered a letter dated August
26, 1997, from Council President Joe Laura, wherein it is requested that
Council Resolution 604-97 be amended, the Council does hereby amend
and revise Council Resolution 604-97 so as to have the same read as
follows
RESOLVED, that having considered a communication
from the City Planning Commission, dated July 2, 1997, which
transmits its resolution 6-114-97 adopted on July 1, 1997, with
regard to Petition 97-6-8-15 submitted by Paul H Goldsmith, on
30433
behalf of 3M Incorporated, requesting approval of all plans in
connection with a proposal to construct an office building on
property located at 19460 Victor Parkway 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
97-6-8-15 is hereby approved and granted, subject to the following
conditions
1 That the Site Plan marked SPA-1 dated 6/13/97 prepared by
Harley Ellington Design is hereby approved and shall be
adhered to,
2 That all light standards shall be shielded from the adjacent
properties and shall not exceed 30 ft. in height;
3 That the Landscape Plan marked SPA-2 dated 6/13/97
prepared by Harley Ellington Design is hereby approved and
shall be adhered to,
4 That all disturbed lawn areas shall be sodded in lieu of
hydroseeding,
5 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
6 That the Exterior Building Elevation Plan marked SPA-4
dated 6/13/97 prepared by Harley Ellington Design, is
hereby approved and shall be adhered to
On a motion by Taylor, seconded by Duggan, it was
#724-97 RESOLVED, that having considered the report and
recommendation of the Committee of the Whole, dated August 25, 1997,
submitted pursuant to Council Resolution 622-97, and a communication
from the City Planning Commission, dated July 2, 1997, which transmits
its resolution 6-107-97 adopted on June 17, 1997, with regard to Petition
97-6-8-16 submitted by Martin Luther Memorial Home, Inc., requesting
site plan approval in connection with a proposal to construct housing for
the elderly on property located at 14871 Farmington Road in the
Northeast 1/4 of Section 21, 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
97-6-8-16 is hereby approved and granted, subject to the following
conditions
30434
1 That the Site Plan marked Sheet SP-1, dated June 17, 1997,
prepared by Edmund London & Associates, Inc. is hereby
approved and shall be adhered to,
2 That the Landscape Plan marked Sheet LP- 1, dated July 9, 1997,
prepared by Edmund London & Associates, Inc. shall be revised
and submitted to the Planning Department for its review and
approval,
3 That all disturbed lawn areas shall be sodded in lieu of
hydroseeded,
4 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,
5 That the Exterior Building Elevation Plan for the nursing home
marked Sheet SP-3, dated June 17, 1997, prepared by Edmund
London & Associates, Inc. is hereby approved and shall be
adhered to,
6 That the Exterior Building Elevation Plan for the independent
apartments marked Sheet SP-5, dated June 2, 1997, prepared by
Edmund London & Associates, Inc. is hereby approved and shall
be adhered to, and
7 That this approval does not authorize consent of any signage
shown on the plans, and that all signage shall come back before
the Planning Commission and City Council for their review and
approval
A roll call vote was taken on the foregoing resolution with the following result.
AYES Vandersloot, McGee, Taylor, Duggan, and Feenstra
NAYS Brosnan and Laura
The President declared the resolution adopted
On a motion by Feenstra, seconded by Vandersloot, and unanimously
adopted, it was
#725-97 RESOLVED, that having considered the report and
recommendation of the Committee of the Whole, dated August 25, 1997,
submitted pursuant to Council Resolution 622-97, the Council does
30435
hereby refer the subject of the tax status of facilities providing housing for
the elderly and associated residential facilities and whether the City's
policy regarding such tax status is uniformly applied to facilities that are
operated by different churches or religious organizations to the Assessor
and Department of Law for their respective reports and recommendations.
A communication from the City Assessor, dated August 22, 1997, re.
administrative response to CR 623-97 - the question of how many tax exempt
properties there are in the City of Livonia - was received and placed on file for the
information of the Council
During audience communication, Roger Brecken of the 3M Corporation
asked for a clarification re mixed zoning on the Tandy property
Council Vice President Brosnan wished her sister, Donna, "Happy
Birthday " Donna will be 30 on August 28, 1997 She also wished her father-in-law,
Brendan Brosnan, a "Happy Birthday "
On a motion by Feenstra, seconded by Duggan, and unanimously
adopted, this 1,351st Regular Meeting of the Council of the City of Livonia was
adjourned at 9.15 p m., August 27, 1997
u it,77il,&(7iii
J n McCotter, City Clerk