HomeMy WebLinkAboutCOUNCIL MINUTES 1997-10-22 30520
MINUTES OF THE ONE THOUSAND THREE HUNDRED AND FIFTY-FIFTH
REGULAR MEETING OF THE COUNCIL OF THE CITY OF LIVONIA
On October 22, 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 05 p m. Councilmember Duggan delivered the invocation
Roll was called with the following result: Brian Duggan, Fernon P
Feenstra, Maureen Miller Brosnan, Val Vandersloot, Michael P McGee, Gerald Taylor,
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;
Joan McCotter, City Clerk; Karen A. Szymula, Director of Legislative Affairs, Linda
McCann, Director of Community Resources, John Fegan, Director of Inspection;
Michael T Slater, Director of Finance, and Robert J Beckley, Director of Public Works.
On a motion by Duggan, seconded by Brosnan, and unanimously
adopted, it was.
#838-97 RESOLVED, that the minutes of the 1,354th Regular
Meeting of the Council of the City of Livonia, held October 8, 1997, are
hereby approved as submitted.
There was no audience communication at the beginning of the meeting.
Councilmember Vandersloot congratulated Rita and Wayne County
Commissioner Thaddeus McCotter on the birth of their new baby girl, Emilia Maureen,
who was born yesterday, October 21, 1997
Councilmember Brosnan announced that a new award, "Angels Among
Us", is to be presented to Debra J Bondi at a reception scheduled for October 30,
1997, at 5 30 p m at Alexsandra's Opa (formerly Bobby's Country House) Ms Bondi
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is the Executive Director of Seedlings Braille Books for Children, a company she
started that supplies books nationwide Brosnan also announced that the annual
"Invest in Youth" event, sponsored by the Livonia Family YMCA, is scheduled for
November 21, 1997, at Burton Manor, with a 5 30 p m dinner and a silent and oral
auction planned
Councilmember Feenstra congratulated daughter, Kristen, and her new
husband, Dino Poulos, on their October 4, 1997, marriage The wedding ceremony
was held at the Nativity of the Virgin Mary Greek Orthodox Church
A communication from the Engineering Division, dated October 15, 1997,
re. status of the Hillcrest Court Development Project, located at Five Mile and Spanich
Court on the east side of the Kroger store, was received and placed on file for the
information of the Council
A communication from the Engineering Division, dated October 15, 1997,
re construction and restoration status of the Edgewood Sanitary Sewer Replacement
Project was received and placed on file for the information of the Council
Jack Downey, 15947 Ellen Drive, inquired about blacktop paving on Ellen
Drive.
A communication from the Engineering Division, dated October 15, 1997,
re. construction status of the Pines of Winfield Subdivision and restoration work in
Sheffield Estates was received and placed on file for the information of the Council
A communication from the Department of Law, dated September 30,
1997, re the Consent Judgment with respect to Oakwood Healthcare System, et al v
City of Livonia, Wayne County Circuit Court Case No 97-704696NZ, was received and
placed on file for the information of the Council
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A communication from the Department of Law, dated October 2, 1997, re
the Consent Judgment with respect to Thomas Guastello v City of Livonia, Wayne
imp
County Circuit Court Case No 95-531075CE, was received and placed on file for the
information of the Council
On a motion by Feenstra, it was
RESOLVED, that the Council does hereby amend the
Orders of the Day to add an X-item to the agenda.
President Laura relinquished the Chair to the Vice President at 819 p m. to second the
aforementioned motion
A roll call vote was then taken on the motion to amend the Orders of the Day with the
following result:
AYES Feenstra and Laura.
NAYS Duggan, Vandersloot, McGee, Taylor, and Brosnan.
The Vice President declared the resolution denied
The President resumed the Chair at 8 21 p m
At the direction of the Chair, Item Nos. 1, 2, 3, 5, 17 and 19 were removed
from the Consent portion of the agenda.
On a motion by Brosnan, seconded by Duggan, it was
#839-97 RESOLVED, that having considered a letter from Mr
Michael L. Priest, PE, PS, Ashley Construction Co , Inc., dated October 1,
1997, requesting elimination of the sidewalk requirement on Huff Court
only with respect to the development of the Castle Woods Subdivision
located in the Southeast 1/4 of Section 19, the Council does hereby
approve this request inasmuch as omitting the sidewalk on Huff Court
would have no detrimental effect upon the neighboring properties due to
the fact that this is a dead-end street and Lyndon Avenue will be provided
with a sidewalk to service the neighboring area
#840-97 RESOLVED, that having considered a letter from Ken Smith,
dated October 2, 1997, to which is attached a petition for paving
improvements, including storm drains, from residents of the 8800 block of
Lamont, the Council does hereby refer the matter of negotiations with the
City of Westland for storm sewer restrictor relief to the City Engineer and
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does further request that the City Engineer thereafter submit a report and
recommendation to the Council regarding the result of these negotiations.
#841-97 RESOLVED, that having considered a letter from Ken Smith,
dated October 2, 1997, to which is attached a petition for paving
improvements, including storm drains, from residents of the 8800 block of
Lamont, and before determining to install an Alternate Ill improvement in
this area, 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 assessment district, pursuant to the provisions of Section
3 08 060 of the Livonia Code of Ordinances, as amended
A communication from the Office of the City Clerk, dated October 1, 1997,
re. the tax rate for the Livonia Public Schools for the 1997-98 school year was received
and placed on file for the information of the Council
#842-97 RESOLVED, that having considered the report and
recommendation of the Executive Director of the Housing Commission,
dated September 19, 1997, which bears the signature of the Director of
Finance and is approved for submission by the Mayor, wherein the
Housing Commission has recommended the following rental increases to
become effective December 1, 1997, with respect to the City-owned
scattered site properties listed
Current Proposed
2 Bedroom $235 $245
29149 Morlock
20121 Floral
27545 Long
11683 Cardwell
3 Bedroom $320 $330
11910 Cardwell
21411 Arcola
Ere 31220 Hathaway
19941 Deering
9880 Harrison
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11784 Arcola
33916 Five Mile
L 4 Bedroom $385 $395
20120 Deering
The above rents exclude utilities
the Council does hereby concur in and approve of the recommended
action.
#843-97 RESOLVED, that having considered a communication from
the Director of Community Resources, dated September 29, 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 agreement
between the City of Livonia and the Wayne County Office of Nutrition
Services for the distribution of U S D.A. commodities to low income
residents, the Council does hereby authorize the Mayor and City Clerk,
for and on behalf of the City of Livonia, to execute the said agreement in
the manner and form herein submitted, as well as to do all things
necessary or incidental to the full performance of this resolution.
#844-97 RESOLVED, that having considered a letter from the
Michigan Liquor Control Commission, dated July 3, 1997, and a report
and recommendation from the Chief of Police, dated September 22, 1997,
approved for submission by the Mayor, the Council does hereby approve
of the request from Newburgh Group, Inc. for transfer of ownership of a
1997 SDD-SDM licensed business from Bottles and Stuff II, Ltd for a
business located at 15365 Newburgh Road, Livonia, Michigan 48154,
Wayne County; and the City Clerk is hereby requested to forward a
certified copy of this resolution to the Michigan Liquor Control
Commission
#845-97 RESOLVED, that having considered a letter from the
Michigan Liquor Control Commission, dated July 21, 1997, and a report
and recommendation from the Chief of Police, dated September 24, 1997,
approved for submission by the Mayor, the Council does hereby approve
of the request from Mid 5 Party Store, Inc. for transfer of ownership of a
1997 SDD-SDM licensed business from Mohamed J Saad, for a business
located at 15254 Middlebelt Road, Livonia, Michigan 48154, Wayne
County; and the City Clerk is hereby requested to forward a certified copy
of this resolution to the Michigan Liquor Control Commission
#846-97 RESOLVED, that having considered the report and
recommendation of the Superintendent of Public Service and the Director
of Public Works, dated September 22, 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 from Morton Salt, Inc., 100
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N Riverside Plaza, Chicago, Illinois 60606, of 75% of the City's
requirement of rock salt used for ice control at the unit price bid of$28 13
per ton for the period through April 15, 1998, submitted to the Consortium
of Farmington Hills, Southfield and the Southfield School District, the
same having been in fact the lowest bid received for this item, FURTHER,
the Council does hereby authorize the purchase from Cargill Salt, Inc.,
24950 Country Club Boulevard, Suite 450, North Olmsted, Ohio 44070, of
25% of the City's requirement of rock salt used for ice control at the unit
price bid of$29 78 per ton, the same having been in fact the second
lowest bid received for this item; FURTHER, the Council does hereby
authorize such expenditure from funds already budgeted in Account No
101-463-784-000 for this purpose
#847-97 RESOLVED, that having considered the report and
recommendation of the Superintendent of Public Service and the Director
of Public Works, dated October 1, 1997, which bears the signature of the
Director of Finance and is approved for submission by the Mayor, the
Council does hereby authorize B & V Construction, Inc., 48400 West
Road, P 0 Box 930029, Wixom, Michigan 48393-0029, to provide snow
removal services for City streets during the 1997-98 snow season for
snow falls of over four (4") inches in accumulation and as authorized by
the Mayor, pursuant to the terms stated in the attached letter dated
October 10, 1997, FURTHER, the Council does hereby authorize the said
item without competitive bidding in accordance with Section 3 04 140D4
of the Livonia Code of Ordinances, as amended
#848-97 RESOLVED, that having considered a communication from
the Director of Finance, dated October 3, 1997, approved for submission
by the Mayor, concerning the subject of the renewal of the City's liability
and property insurance coverage, the Council does hereby refer this
subject to the Finance, Insurance and Budget Committee (October 28,
1997 meeting) for its report and recommendation
A communication from the Department of Law, dated September 25,
1997, re administrative response to CR 770-97 - proposed purchase of Ward
Evangelical Presbyterian Church property located at 17000 Farmington Road was
received and placed on file for the information of the Council
#849-97 RESOLVED, that having considered the report and
recommendation of the Department of Law, dated September 25, 1997,
approved for submission by the Mayor and submitted pursuant to Council
Resolution 770-97, concerning the proposed purchase of property located
at 17000 Farmington Road (Ward Evangelical Presbyterian Church), the
Council does hereby refer this matter and the subject of financing such
purchase to the Mayor for his report and recommendation
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#850-97 RESOLVED, that having considered the report and
recommendation of the Department of Law, dated September 25, 1997,
approved for submission by the Mayor and submitted pursuant to Council
Resolution 770-97, concerning the proposed purchase of property located
at 17000 Farmington Road (Ward Evangelical Presbyterian Church), the
Council does hereby refer this matter to the Capital Improvement
Committee for its report and recommendation
A communication from the Engineering Division, dated September 25,
1997, re administrative response to CR 791-97 - an outline of the "Uniform Criteria for
Major Streets" published by the Michigan Department of Transportation in connection
with the classification of Henry Ruff between Schoolcraft and Five Mile Roads -was
received and placed on file for the information of the Council
#851-97 RESOLVED, that having considered a communication from
Council President Joe Laura, dated October 7, 1997, concerning the
subject of laptop computers for Councilmembers, the Council does hereby
refer this item to the Capital Improvement Committee for its report and
recommendation
#852-97 RESOLVED, that having considered the report and
recommendation of the Department of Law, dated September 25, 1997,
approved for submission by the Mayor, and submitted pursuant to Council
Resolutions 700-97, 701-97 and 702-97, transmitting proposed
amendments to Subsections (b), (c), (d), (e) and (j) of Section 18 42A of
Article XVIII of Ordinance No 543, as amended, pertaining to cellular
towers, and in accordance with the provisions set forth in Section 23 01(a)
of the Livonia Zoning Ordinance, the Council does hereby determine on
its own motion to refer to and request that the City Planning Commission
conduct a public hearing on the matter of whether such amendments
should be made, and thereafter submit a report and recommendation to
Council
#853-97 RESOLVED, that having considered the report and
recommendation of the City Engineer, dated October 8, 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, the Council
does hereby accept the proposal submitted by Countyline Contractors,
Inc., 7615 Spencer Road, South Lyon, Michigan 48178-9624, for
completing all work required in connection with the Botsford Park
Improvements Project (Contract 97-K) for the sum of$19,376 00;
FURTHER, the Council does hereby appropriate and authorize the
expenditure of a sum not to exceed $19,376 00 from the Unexpended
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Fund Balance of the Drainage Project Construction Fund No 465 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, 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 the
provisions set forth in Section 3 04 140D1 of the Livonia Code of
Ordinances, as amended
#854-97 WHEREAS, the City Clerk has received an Application for
Industrial Facilities Exemption Certificate from Electricfil Corporation,
dated September 23, 1997, covering new industrial facilities to be located
within City of Livonia Industrial Development District No 68;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
LIVONIA that it determines as follows
1 The City Clerk shall provide copies of the said Application to the
legislative bodies of the governmental units deriving property taxes
from the property which will be affected, as required by Act 198,
P.A. 1974, as amended
2 The City Clerk shall contact each of the affected taxing units, and
(i) indicate the Council's interest in this matter, and (ii) assist these
taxing units in collecting such information as may be necessary to
determine their respective opinions on this Application, and (iii)
advise the said taxing units of this Council's desire to hold a
hearing on this Application on Monday, December 1, 1997, at 7 00
p m at the Livonia City Hall, 33000 Civic Center Drive, Livonia,
Michigan
3 The Council hereby sets Monday, December 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
#855-97 RESOLVED, that having considered a communication from
Derek and Elizabeth Patton, 28056 Mackenzie, Westland, Michigan
48185, dated October 2, 1997, which in accordance with the provisions of
Section 19 08 of Ordinance 543, as amended, the Zoning Ordinance,
takes an appeal from a determination made on September 30, 1997, by
the City Planning Commission in its resolution 9-155-97 with regard to
Petition 97-8-2-18, submitted by Derek and Elizabeth Patton requesting
waiver use approval to utilize an existing building for a child day care
nursery located on the west side of Middlebelt Road between Dover
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Avenue and Grandon Avenue in the Southeast 1/4 of Section 35, which
property is zoned OS, the Council does hereby designate Monday,
December 1, 1997, at 7 00 p m as the date and time for conducting a
public hearing with regard to this matter, such hearing to be held at the
City Hall, 33000 Civic Center Drive, Livonia, Michigan, and the City Clerk
is hereby requested to do all things necessary in order to give proper
notice in writing, as well as by the publication of a notice in the City's
official newspaper of such hearing and the date and place thereof, in
compliance with the requirements set forth in Ordinance 543, as
amended, the Zoning Ordinance of the City of Livonia.
#856-97 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 Monday,
December 1, 1997, at 7 00 p m. at the City Hall, 33000 Civic Center Drive,
Livonia, Michigan, with respect to the following items.
(1) Petition 97-8-1-11, as amended, submitted by Elaine Beresh and
Jack Shenkman for a change of zoning of property located on the
southwest corner of Seven Mile and Newburgh Roads in the
Northeast 1/4 of Section 7, from OS to C-1, the City Planning
Commission in its resolution 9-152-97 having recommended to the
City Council that Petition 97-8-1-11, as amended, be denied; and
(2) Petition 97-8-1-12, submitted by Giuseppe Mainella, Antonio
Russo and Joseph Padula for a change of zoning of property
located on the west side of Wayne Road between Ann Arbor Trail
and Joy Road in the Southwest 1/4 of Section 33, from OS to C-2,
the City Planning Commission in its resolution 9-153-97 having
recommended to the City Council that Petition 97-8-1-12 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 amendments to the
Zoning Ordinance, and/or (b) location of the proposed changes 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
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A roll call vote was taken on the foregoing resolutions with the following result:
AYES Duggan, Feenstra, Brosnan, Vandersloot, McGee, Taylor, and
Laura.
NAYS None
A communication from the City Attorney and the Director of Inspection,
dated October 20, 1997, re the legality of placing two (2) political signs on the same
support structure 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
#857-97 RESOLVED, that having considered a communication from
the City Attorney and the Director of Inspection, dated October 20, 1997,
submitted pursuant to a request from Councilmember Fernon P Feenstra,
the Council does hereby refer the subject matter of whether two (2) or
more 2' x 6' political signs on common supports constitutes excessive
political signage to the Legislative Committee for its report and
recommendation
A communication from the Engineering Division, dated October 15, 1997,
re status of the proposed special assessment district for the paving of Ashurst, north
of Five Mile Road, was received and placed on file for the information of the Council
A communication from the City Attorney and the Director of Inspection,
dated October 17, 1997, re the issuance of appearance tickets for code violations by
Inspection Department personnel 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
#858-97 RESOLVED, that the Council does hereby refer to the
Department of Law for the preparation of an ordinance as recommended
in a communication dated October 17, 1997, to authorize the Chief
Building Inspector to issue citations for code violations
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On a motion by McGee, seconded by Vandersloot, and unanimously
adopted, it was
#859-97 RESOLVED, that the Council does hereby refer to the
Legislative Committee for its report and recommendation the issue of
Building Inspectors having the power to write civil infractions citations.
On a motion by Taylor, seconded by Brosnan, and unanimously adopted,
it was
#860-97 RESOLVED, that the Council does hereby refer to the
Inspection Department for a report and recommendation on the issue of
Building Inspectors having the power to write civil infractions citations.
A communication from the Engineering Division, dated October 20, 1997,
re• additional information on the reduction of the general improvement bond for Castle
Woods Subdivision, located in the Southeast 1/4 of Section 19, was received and
placed on file for the information of the Council.
On a motion by Taylor, seconded by Brosnan, and unanimously adopted,
it was:
#861-97 RESOLVED, that having considered the reports and
recommendations of the City Engineer, dated September 25, 1997 and
October 20, 1997, approved for submission by the Mayor, the Council
does hereby amend item no 7 of Council Resolution 54-97, adopted on
January 29, 1997, so as to reduce the financial assurances now on
deposit with the City for general improvements in the Castle Woods
Subdivision, located in the Southeast 1/4 of Section 19, to $4,070 00 of
which at least $2,000 00 shall be in cash, to cover the cost of remaining
general improvements in said subdivision, and that the Sidewalk
Improvement Bond be reduced to $4,900 00 of which at least $1,000 00
shall be in cash, 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 October 20, 1997,
re revisions to the proposed contract for design services for the Seven Mile Road
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Paving Improvement Project was received and placed on file for the information of the
Council
On a motion by Taylor, seconded by McGee, and unanimously adopted, it
was
#862-97 RESOLVED, that having considered the report and
recommendation of the City Engineer and the Director of Public Works,
dated October 6, 1997, which bears the signature of the Director of
Finance and is approved for submission by the Mayor, to which is
attached a proposed contract between the City of Livonia and Orchard,
Hiltz & McCliment, Inc. for design services for the Seven Mile Road
Paving Improvement Project in an amount not to exceed $517,480 00, the
Council does hereby approve the contract as revised pursuant to a letter
from the City Engineer, dated October 20, 1997, subject to the final
selection of services by the City; FURTHER, the Council does hereby
appropriate and authorize the expenditure of a sum not to exceed
$472,480 00 from the General Obligation Road Bond Issue Fund 486 and
a sum not to exceed $45,000 00 from the $5 Million Water Revenue Bond
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 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 the
provisions set forth in Section 3 04 140D2 of the Livonia Code of
Ordinances, as amended.
On a motion by Feenstra, seconded by Brosnan, and unanimously
adopted, it was:
#863-97 RESOLVED, that having considered a letter from Deborah
Antosiewicz, St. Edith School, dated October 6, 1997, which requests
permission to place signs announcing a rummage sale to be conducted
on Friday, November 7, 1997, which signs would be installed on
November 1, 1997, and removed on November 7, 1997, and would
consist of one 4' x 4' sign in front of St. Edith School and several 2' x 1'
signs at the following intersections
1-96 and Middlebelt, N E. corner
1-96 and Merriman, N E corner
1-96 and Farmington, N E corner
1-96 and Levan, N E corner
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1-96 and Newburgh, N E corner
Plymouth and Middlebelt, N W corner
Seven Mile and Middlebelt, S W corner
Seven Mile and Farmington, S W corner
Newburgh and Eight Mile, S W Corner
Newburgh and Seven Mile, S W Corner
Newburgh and Six Mile, S W Corner
Newburgh and Five Mile, S W Corner
the Council does hereby approve and grant this request in the manner
and form herein submitted
On a motion unanimously introduced, seconded and adopted, it was
#864-97 WHEREAS, the purpose of the Livonia Community
Foundation is to provide a stable, substantial and long-term source of
funding for many and various civic, charitable and cultural needs of the
community; and
WHEREAS, the Livonia Community Foundation is a means to
supplement monies available through traditional funding sources, and
WHEREAS, all donations to the Livonia Community Foundation are held
in trust to provide an investment endowment, the income from which is
used for community foundation purposes, and
WHEREAS, the source of said funding includes donations from
individuals and/or their estates, and business entities, including
partnerships and corporations, and
WHEREAS, the Livonia Community Foundation is a bona fide and
certified charitable trust under Federal regulations (Section 501 3C) and
State law wherein donations to the Foundation are tax deductible under
Federal law and receive preferential tax credits under Michigan law;
WHEREAS, donors to the Livonia Community Foundation help provide
for Livonia's future quality of life and may direct the use of the donations,
according to the donor's particular interests, and
WHEREAS, the Livonia Community Foundation, in the spirit of goodwill,
charity and generosity is seeking donations from individuals and
businesses in order to create that permanent source of funding for the
various historical, cultural, civic, and charitable needs of Livonia,
NOW, THEREFORE, BE IT RESOLVED, that the Mayor and Members of
the City Council hereby proclaim the month of November, 1997, to be
Livonia Community Foundation Month and encourage any and all, able
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and willing to contribute, to give generously to the Livonia Community
Foundation
On a motion by Feenstra, seconded by Brosnan, and unanimously
adopted, it was.
#865-97 RESOLVED, that having considered the report and
recommendation of the Legislative Committee, dated September 18,
1997, submitted pursuant to Council Resolution 751-97, and the report
and recommendation of the Department of Law, dated October 17, 1997,
which bears the signature of the Director of Finance and is approved for
submission by the Mayor, submitted pursuant to Council Resolution 640-
97, in connection with the Defined Contribution Retirement Plan, the
Council does hereby approve the Qualified Group Fixed and Variable
Deferred Annuity Contract and Letter Agreement modifying same, the
Services Agreement for Plan Administration, Recordkeeping and
Communication Services between the City of Livonia and Great-West Life
& Annuity Insurance Company, Financial Administrative Services
Corporation, and Benefits Communication Corporation, 8515 East
Orchard Road, Englewood, Colorado 80111, and adopt the Money
Purchase Plan & Trust attached to the Letter Agreement; and the Mayor
and City Clerk are hereby authorized to execute the above documents, for
and on behalf of the City of Livonia, with the aforesaid provider and to do
all things necessary or incidental to the full performance of this resolution.
A communication from the Civil Service Commission indicating their
approval of the proposed Defined Contribution Plan Ordinance, as adopted at their
Special Meeting of September 24, 1997, was received and placed on file for the
information of the Council
On a motion by McGee, seconded by Brosnan, and unanimously adopted,
it was
#866-97 RESOLVED, that pursuant to Section 5, Chapter VII and
Section 1 of Chapter VIII of the Charter of the City of Livonia, the Council
does hereby establish a tax levy of 4 1355 mills, of the State Equalized
Assessed Valuation of all real and personal property subject to taxation in
the City of Livonia for the next fiscal year commencing December 1, 1997,
and ending November 30, 1998, and in addition to the above amount
which is authorized to be levied for general purposes by the Charter of
the City of Livonia.
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(a) The Council does hereby establish a tax levy of 8271 mills, of the
State Equalized Assessed Valuation of all real and personal property
subject to taxation in the City of Livonia for the fiscal year set out above,
pursuant to Section 1 of Chapter VIII of the Charter of the City of Livonia,
for the purpose of providing additional revenues for police protection and
law enforcement personnel, equipment, supplies and facilities of the City
of Livonia, in addition to the amount authorized to be levied for general
municipal purposes,
(b) The Council does hereby establish a tax levy of 1.2407 mills, of the
State Equalized Assessed Valuation of all real and personal property
subject to taxation in the City of Livonia for the fiscal year set out above,
pursuant to Section 1 of Chapter VIII of the Charter of the City of Livonia,
for the purpose of providing additional revenues for fire, police and snow
removal personnel, equipment, supplies and facilities of the City of
Livonia; in addition to the amount authorized to be levied for general
municipal purposes,
(c) The Council does hereby establish a tax levy of 8271 mills, of the
State Equalized Assessed Valuation of all real and personal property
subject to taxation in the City of Livonia for the fiscal year set out above,
pursuant to Section 1 of Chapter VIII of the Charter of the City of Livonia,
for the purpose of providing additional revenues for library services,
supplies and facilities in the City of Livonia, in addition to the amounts
authorized to be levied for general municipal purposes,
(d) The Council does hereby establish a tax levy of 0142 mills, of the
State Equalized Assessed Valuation of all real and personal property
subject to taxation in the City of Livonia for the fiscal year set out above,
pursuant to the provisions of Act 379 of the Public Acts of 1925, for the
purpose of advertising, exploiting and making known the industrial and
commercial advantages of the City of Livonia and to establish projects for
the purpose of encouraging immigration to, and increasing the trade,
business and industries of the City of Livonia, in addition to the amount
which is authorized to be levied for general municipal purposes,
(e) The Council does hereby establish a tax levy of 2.1313 mills, of the
State Equalized Assessed Valuation of all real and personal property
subject to taxation in the City of Livonia for the fiscal year set out above,
pursuant to the provisions of Act 298 of the Public Acts of 1917, for the
purpose of establishing, operating, maintaining and administering the
Municipal Garbage Collection System and/or plant for the collection and
disposal of garbage and refuse in the City of Livonia; in addition to the
amount authorized to be levied for general municipal purposes,
(f) The Council does hereby establish a tax levy of 0292 mills, of the
State Equalized Assessed Valuation of all real and personal property
subject to taxation in the City of Livonia for the fiscal year set out above,
30535
for the purpose of debt retirement on the 1965 and 1968 Fire Station
Bond Issue, in addition to the amount which is authorized to be levied for
general municipal purposes,
(g) The Council does hereby establish a tax levy of 3519 mills, of the
State Equalized Assessed Valuation of all real and personal property
subject to taxation in the City of Livonia for the fiscal year set out above,
for the purpose of debt retirement on the 1990 Street Improvement Bond,
Series I, Series II, Series III and Series IV, in addition to the amount
which is authorized to be levied for general municipal purposes;
(h) The Council does hereby establish a tax levy of 5115 mills, of the
State Equalized Assessed Valuation of all real and personal property
subject to taxation in the City of Livonia for the fiscal year set out above,
for the purpose of defraying City expenses and liabilities for the collection
and disposal activities required for curbside recycling and yard waste
composting programs, in addition to the amount authorized to be levied
for general municipal purposes,
AND PROVIDED FURTHER, that the Wayne County Bureau of Taxation,
City Assessor, City Treasurer and City Clerk are hereby authorized and
directed to do all things necessary or incidental to the full performance of
this resolution, and the City Clerk is hereby requested to immediately
transmit copies of this resolution to each of the above offices
On a motion by McGee, seconded by Taylor, it was.
RESOLVED, that the Council hereby determines that the
Annual Budget for the fiscal year as submitted by the Mayor for the next
fiscal year commencing December 1, 1997, and ending November 30,
1998, as shown in the Budget document in Section I, submitted by the
Mayor to the Council on September 15, 1997, pursuant to Section 3,
Chapter VII of the City Charter, be and hereby is determined and
adopted, as revised, and appropriations made as provided by the City
Charter; provided, however, for the monthly reports to the Council, the
amounts as shown in Sections III and IV should be used for comparative
reporting purposes, and Council approval is required for any modification
to the amounts shown in Section I, and that all proceedings on said
Budget be and hereby are approved as being in full conformance with the
City Charter, a public hearing having been held on October 6, 1997, after
proper notice being published in the Livonia Observer and Eccentric, the
official newspaper of the City, on September 28, 1997, and provided
further that the City Clerk shall publish or cause to be published this
resolution together with a summary of said Budget as adopted herein,
together with the minutes of this meeting.
On a motion by Feenstra, seconded by Brosnan, it was.
30536
RESOLVED, that the Council hereby determines that the
Annual Budget for the fiscal year as submitted by the Mayor for the next
fiscal year commencing December 1, 1997, and ending November 30,
1998, as shown in the Budget document in Section I, submitted by the
Mayor to the Council on September 15, 1997, pursuant to Section 3,
Chapter VII of the City Charter, is hereby adopted, as amended by the
deletion of the line item for all vehicles and vehicle expenses for
Department Heads and substituted in lieu thereof a $360 00 per month
car allowance for all Department Heads.
A roll call vote was taken on the foregoing resolution with the following result:
AYES Feenstra.
NAYS Duggan, Brosnan, Vandersloot, McGee, Taylor, and Laura.
The President declared the resolution denied
On a motion by Feenstra, seconded by McGee, it was.
RESOLVED, that the Council hereby determines that the
Annual Budget for the fiscal year as submitted by the Mayor for the next
fiscal year commencing December 1, 1997, and ending November 30,
1998, as shown in the Budget document in Section I, submitted by the
Mayor to the Council on September 15, 1997, pursuant to Section 3,
Chapter VII of the City Charter, is hereby adopted, as amended to provide
for a 5% raise in salary for the Housing Director and the Planning
Director
A roll call vote was taken on the foregoing resolution with the following result:
AYES Feenstra.
NAYS Duggan, Brosnan, Vandersloot, McGee, Taylor, and Laura.
The President declared the resolution denied.
On a motion by Feenstra, seconded by McGee, it was.
RESOLVED, that the Council hereby determines that the
Annual Budget for the fiscal year as submitted by the Mayor for the next
fiscal year commencing December 1, 1997, and ending November 30,
1998, as shown in the Budget document in Section I, submitted by the
Mayor to the Council on September 15, 1997, pursuant to Section 3,
Chapter VII of the City Charter, is hereby adopted, as amended to delete
the $25,000 00 line item for Economic Development payment to the
Livonia Chamber of Commerce and substitute in lieu thereof a
reimbursement plan in the same amount.
30537
A roll call vote was taken on the foregoing resolution with the following result:
AYES Feenstra.
iirsv
NAYS Duggan, Brosnan, Vandersloot, McGee, Taylor, and Laura.
The President declared the resolution denied.
A roll call vote was then taken on the original resolution by McGee, seconded by
Taylor, as follows
#867-97 RESOLVED, that the Council hereby determines that the
Annual Budget for the fiscal year as submitted by the Mayor for the next
fiscal year commencing December 1, 1997, and ending November 30,
1998, as shown in the Budget document in Section I, submitted by the
Mayor to the Council on September 15, 1997, pursuant to Section 3,
Chapter VII of the City Charter, be and hereby is determined and
adopted, as revised, and appropriations made as provided by the City
Charter; provided, however, for the monthly reports to the Council, the
amounts as shown in Sections III and IV should be used for comparative
reporting purposes, and Council approval is required for any modification
to the amounts shown in Section I, and that all proceedings on said
Budget be and hereby are approved as being in full conformance with the
City Charter, a public hearing having been held on October 6, 1997, after
proper notice being published in the Livonia Observer and Eccentric, the
official newspaper of the City, on September 28, 1997, and provided
further that the City Clerk shall publish or cause to be published this
resolution together with a summary of said Budget as adopted herein,
together with the minutes of this meeting
with the following result:
AYES Duggan, Brosnan, Vandersloot, McGee, Taylor, and Laura.
NAYS Feenstra.
The President declared the resolution adopted
Feenstra gave first reading to the following Ordinance
AN ORDINANCE AMENDING CHAPTER 08 (ELECTRICAL
CODE) OF TITLE 15 OF THE LIVONIA CODE OF ORDINANCES,
AS AMENDED
30538
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.
Feenstra gave first reading to the following Ordinance
AN ORDINANCE AMENDING SECTIONS 050 AND 060 OF
CHAPTER 12 (ELECTRICAL LICENSING) OF TITLE 15 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.
Feenstra gave first reading to the following Ordinance
AN ORDINANCE AMENDING SUBSECTION D OF SECTION 060,
CHAPTER 04 (BUILDING CODES) OF TITLE 15 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.
Item #28, the proposed amendment to the Zoning Ordinance giving First
Reading to Petition 97-6-1-8, was moved to the Regular Meeting of November 5, 1997,
at the direction of the Chair (CR 832-97)
A communication from the Department of Law, dated October 7, 1997, re.
administrative response to CR 793-97 - the subject of which employees or officials, if
any, are subject to the provisions of either an ethics ordinance or an ethics code in
each Michigan city with a population of 50,000 or more - was received and placed on
file for the information of the Council
30539
The revised proposed Ethics Ordinance, prepared by the Department of
Law, dated October 16, 1997, was received and placed on file for the information of the
Council
A communication from the Department of Law, dated October 20, 1997,
re Legal Opinion No 97-2 with respect to the legality of the proposed Ethics
Ordinance was received and placed on file for the information of the Council
A communication from the Office of the Mayor, dated October 21, 1997,
re. transmitting Legal Opinion 97-2 to the Council was received and placed on file for
the information of the Council
A communication from Council Member Michael P McGee, dated October
16, 1997, re comments relative to the proposed Ethics Ordinance was received and
placed on file for the information of the Council
A communication from Council Member Michael P McGee, dated October
22, 1997, re. comments relative to proposed changes to the Ethics Ordinance was
received and placed on file for the information of the Council
McGee took from the table, for second reading and adoption, the
following Ordinance, as amended.
AN ORDINANCE ADDING CHAPTER 200 (ETHICS) TO TITLE 2
OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED
A roll call vote was taken on the foregoing Ordinance with the following result:
AYES Duggan, Feenstra, Brosnan, Vandersloot, McGee, and Taylor
NAYS Laura.
The President declared the foregoing Ordinance duly adopted, and would become
effective on publication
30540
The Council President relinquished the Chair to the Vice President at
930 p m in order to speak to this subject matter
On a motion by Feenstra, seconded by Taylor, it was
#868-97 RESOLVED, that the Council does hereby determine to
convene an Advisory Committee on campaign finance and campaign
ethics on the local level
A roll call vote was taken on the foregoing resolution with the following result:
AYES Duggan, Feenstra, Brosnan, Vandersloot, McGee, and Taylor
NAYS Laura.
The President declared the resolution adopted
Janet Cooper, Chair of the Livonia Citizens Advisory Committee, congratulated the
Council and the administration for adopting this Ethics Ordinance,
George Boller, 36270 Hammer, stated his opposition to the adoption of this ordinance
and indicated that a Code of Ethics is what should have been adopted, and
Bob Snyder, 16774 Ronnie Lane, congratulated everyone involved with the adoption of
this ordinance
The President resumed the Chair at 9.34 p m
On a motion by Feenstra, seconded by Duggan, and unanimously
adopted, it was
#869-97 RESOLVED, that having considered a request from M P
Panich, Pastor of the Cornerstone Family Worship Center, dated October
1, 1997, to which is attached an appraisal of certain City-owned property
located on the east side of Newburgh Road, north of Ann Arbor Trail (Lot
735 of Supervisor's Livonia Plat No 12), more particularly described as
Lot 735, except the west 27' thereof, Supervisor's Livonia Plat No
12, T 1 S , R. 9 E., Liber 66, Page 65, Wayne County Records,
City of Livonia, Wayne County, Michigan
the Council does hereby accept the offer of and authorize the sale of the
aforesaid City-owned property to Cornerstone Family Worship Center,
36972 Ann Arbor Trail, P 0 Box 510416, Livonia, Michigan 48151, for a
total purchase price of$20,000 00, which sale is conditioned upon the
City retaining a 27 foot wide strip of land along Newburgh Road for right-
30541
of-way purposes and which sale is further conditioned upon the purchaser
providing such title work as may be required for this transaction, the
action herein being taken in order to best serve the interest of the
community and in accordance with Section 3 05 090A of the Livonia Code
of Ordinances, as amended, and the Mayor and City Clerk are hereby
authorized, for and on behalf of the City of Livonia, to execute a Quit
Claim Deed and such other documents as may be necessary or incidental
to the full performance of this resolution; and the Department of Law is
hereby requested to prepare and place in proper form such legal
documents as may be necessary to consummate this transaction.
On a motion by Feenstra, seconded by Vandersloot, and unanimously
adopted, it was.
#870-97 RESOLVED, that having considered a communication from
the City Planning Commission, dated October 1, 1997, which transmits its
resolution 9-167-97, adopted on September 30, 1997, with regard to a
Sign Permit Application, submitted by J Alexander's Restaurant,
requesting approval for signage for the restaurant located at 19200
Haggerty Road in the Southwest 1/4 of Section 6, 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 J Alexander's Restaurant as
received by the Planning Commission on September 16, 1997, is
hereby approved and shall be adhered to, except for the fact that
neon shall be allowed only on the north elevation of the building:
and
2 That the signage shall not be illuminated beyond one hour after the
restaurant closes.
On a motion by Taylor, seconded by Brosnan, and unanimously adopted,
it was:
#871-97 RESOLVED, that having considered a communication from
the City Planning Commission, dated October 1, 1997, which transmits its
resolution 9-165-97 adopted on September 30, 1997, with regard to Petition
92-10-2-42, submitted by Costco Companies, Inc. requesting approval for
signage and to revise the site and elevation plans that were approved in
connection with the building of a commercial building located at 13700
Middlebelt Road in the Northwest 1/4 of Section 25, the Council does
tap hereby concur in the recommendation of the Planning Commission and the
revision to Petition 92-10-2-42 is hereby approved and granted, subject to
the following conditions
30542
1 That the Site Plan marked Drawing SP-1 dated June 17, 1997,
prepared by Professional Engineering Associates, is hereby
approved and shall be adhered to,
2. That the Landscape Plan marked Drawing L-1 dated June 27,
1997, prepared by Professional Engineering Associates, is hereby
approved and shall be adhered to,
3 That all disturbed lawn areas shall be sodded in lieu of
hydroseeding,
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 marked DD3 3, dated
October 15, 1997, as revised, prepared by Mulvanny Partnership,
is hereby approved and shall be adhered to,
6 That the signage shown on the approved Elevation Plans is hereby
approved and shall be adhered to,
7 That there shall be no outside storage of merchandise or materials,
and
8 That there shall be no general automotive service conducted at this
location.
Sonny Vinberg, Mulvanny Partnership, spoke to the aforementioned matter
On a motion by Taylor, seconded by Brosnan, and unanimously adopted,
it was.
#872-97 RESOLVED, that having considered a communication from
the City Planning Commission, dated October 1, 1997, which transmits its
resolution 9-166-97 adopted on September 30, 1997, with regard to Petition
92-11-2-48, submitted by Costco Companies, Inc. requesting approval for
signage and to revise the site and elevation plans that were approved in
connection with the building of a commercial building located at 20000
Haggerty Road in the Northwest 1/4 of Section 6, the Council does hereby
concur in the recommendation of the Planning Commission and the revision
to Petition 92-11-2-48 is hereby approved and granted, subject to the
following conditions
30543
1 That the Site Plan marked Drawing SP-1 dated June 30, 1997,
prepared by Professional Engineering Associates, is hereby
approved and shall be adhered to,
2 That the Exterior Building Elevation Plan marked DD3 2 dated
October 15, 1997, as revised, prepared by Mulvanny Partnership,
is hereby approved and shall be adhered to,
3 That the signage shown on the approved Elevation Plan is hereby
approved and shall be adhered to, and
4 That there shall be no general automotive service conducted at this
location.
A communication from the Department of Finance, dated October 16,
1997, re delinquent accounts receivable balances with respect to Costco Companies
was received and placed on file for the information of the Council
On a motion by Brosnan, seconded by Duggan, and unanimously
adopted, it was
#873-97 RESOLVED, that having considered a communication from
the City Planning Commission, dated October 7, 1997, which transmits
its resolution 9-161-97, adopted on September 30, 1997, with regard to
Petition 97-9-2-24, submitted by Alan Tanski requesting waiver use
approval for the display and sale of used cars on property located on the
southeast corner of Plymouth Road and Laurel Avenue in the Northwest
1/4 of Section 33, which property is zoned C-2, the Council does hereby
refer this item to the Committee of the Whole for its report and
recommendation.
On a motion by Vandersloot, seconded by Duggan, and unanimously
adopted, it was
#874-97 RESOLVED, that having considered the report and
recommendation of the City Engineer, dated October 9, 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, regarding
the selection of a consultant to provide design services for various Wayne
County Road Resurfacing Projects consisting of the resurfacing of
Farmington Road (Five Mile Road to Six Mile Road), the resurfacing of
Five Mile Road (Merriman Road to Middlebelt Road), the resurfacing of
Middlebelt Road (Joy to Plymouth Road) and the resurfacing of Middlebelt
Road (1-96 to Five Mile Road), the Council does hereby concur in the
30544
selection of Spalding, DeDecker & Associates, Inc., 905 South Boulevard
East, Rochester Hills, Michigan 48307-5358, and Hubbell, Roth & Clark,
Inc., 555 Hulet Drive, Bloomfield Hills, Michigan 48303-0824, for the
design services necessary for the Wayne County Road Resurfacing
Projects in Livonia, and the administration is hereby authorized to begin
negotiations with such firms and to thereafter submit proposed
agreements to Council for its consideration
On a motion by Feenstra, seconded by Brosnan, and unanimously
adopted, it was
#875-97 RESOLVED, that having considered the report and
recommendation of the Department of Law, dated September 25, 1997,
approved for submission by the Mayor and submitted pursuant to Council
Resolution 757-97, regarding the subject of trees blocking signage and
responsibility for the care, removal or alteration of trees and plant material
and a proposed amendment to Section 19 06 of the Zoning Ordinance to
provide greater flexibility for a property owner to remove or alter plant
material which is blocking signage and is otherwise a hazard therein, and
in accordance with the provisions set forth in Section 23 01(a) of the
Livonia Zoning Ordinance, the Council does hereby determine on its own
motion to refer to and request that the City Planning Commission conduct
a public hearing on the question of whether such amendment should be
made, and thereafter submit a report and recommendation to Council.
On a motion by Feenstra, seconded by Taylor, and unanimously adopted,
it was:
#876-97 WHEREAS, the City Clerk has received an Application for
Industrial Facilities Exemption Certificate from EPI Printers, Inc., dated
August 11, 1997, covering new industrial facilities to be located within
City of Livonia Industrial Development District No 54, and
WHEREAS, the City Clerk has notified in writing the Assessor of the City
of Livonia as well as the legislative body of each taxing unit which levies
ad valorem property taxes in the local governmental unit in which the
proposed facility is to be located, i e , the City of Livonia, and advised
each of them that the said Application has been received, and
WHEREAS, the City Council has afforded EPI Printers, Inc, the
Assessor, and a representative of each of the affected taxing units an
opportunity for a hearing on this Application and said hearing having in
fact been conducted at 7 00 p m., Wednesday, October 1, 1997, at the
Livonia City Hall, 33000 Civic Center Drive, Livonia, Michigan.
30545
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
LIVONIA AS FOLLOWS
1 That the City Council, on the basis of the information received from
the applicant, EPI Printers, Inc., finds and determines (a) that the
granting of this industrial facilities exemption certificate shall not
have the effect of substantially impeding the operation of the local
governmental unit or impairing the financial soundness of any
taxing unit which levies an ad valorem property tax in the local
governmental unit in which the facility is to be located; and (b) the
applicant has fully complied with the requirements of Section 9, Act
No 198, P.A. 1974, as amended
2. That the City Council hereby approves the Application for Industrial
Facilities Exemption Certificate from EPI Printers, Inc. covering
new industrial facilities to be located within the City of Livonia
Industrial Development District No 54 for 8 years
3 That in accordance with the requirements of Section 22, Act 198,
P.A. 1974, as amended, wherein a Letter of Agreement between
the applicant and the City is required in order to clarify the
understanding and the commitment between the applicant and the
Board upon approval of an Industrial Facility Exemption Certificate,
the Council hereby authorizes the Mayor and City Clerk to sign
such Letter of Agreement as duly executed by the applicant and
incorporate such Letter of Agreement as part of the documentation
required to process applications for industrial facility exemption
certificates
On a motion by Duggan, seconded by Brosnan, and unanimously
adopted, it was
#877-97 RESOLVED, that having considered a communication from
the City Planning Commission, dated August 22, 1997, setting forth its
resolution 8-139-97 adopted on August 19, 1997, with regard to 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, and the Council having
conducted a public hearing with regard to this matter on October 1, 1997,
pursuant to Council Resolution 722-97, the Council does hereby approve
Petition 97-7-1-10 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
30546
ordinance amending Ordinance 543, as amended, in accordance with this
resolution.
On a motion by Feenstra, seconded by Duggan, and unanimously
adopted, it was.
#878-97 RESOLVED, that having considered a communication from
the City Planning Commission, dated August 27, 1997, which sets forth its
resolution 8-134-97 adopted on August 19, 1997, with regard to Petition
97-5-6-2, submitted by the City Planning Commission, pursuant to Section
23 01(a) of Ordinance #543, as amended, and Council Resolution 162-
97, to determine whether or not to amend Article XVIII of Zoning
Ordinance #543 by adding Section 18 34A so as to implement size
restrictions on condominiums by requiring a letter suffix designation to
control density in said zoning district, and the Council having conducted a
public hearing with regard to this matter on Monday, October 13, 1997,
pursuant to Council Resolution 744-97, the Council does hereby approve
Petition 97-5-6-2 for preparation of the ordinance for submission to
Council, and the Department of Law is requested to prepare an ordinance
amending Ordinance 543, as amended, in accordance with this
resolution
On a motion by Feenstra, seconded by Vandersloot, and unanimously
adopted, it was
#879-97 RESOLVED, that having considered a communication from
the City Planning Commission, dated August 27, 1997, which sets forth its
resolution 8-135-97 adopted on August 19, 1997, with regard to Petition
97-5-6-3, submitted by the City Planning Commission, pursuant to Section
23 01(a) of Ordinance #543, as amended, and Council Resolution 195-
97, to determine whether or not to amend Section 2.10 of Article II,
Section 4 03 of Article IV and Section 10 02 of Article X of Zoning
Ordinance #543, as amended, for the purpose of establishing guidelines
for bed and breakfast establishments, and the Council having conducted
a public hearing with regard to this matter on Monday, October 13, 1997,
pursuant to Council Resolution 744-97, the Council does hereby approve
Petition 97-5-6-3, as modified, to allow for such use on a lot 1/2 acre or
more in size or with respect to a minimum building size of 2,000 sq ft. for
preparation of the ordinance for submission to Council, and the
Department of Law is requested to prepare an ordinance amending
Ordinance 543, as amended, in accordance with this resolution.
On a motion by Feenstra, seconded by Vandersloot, and unanimously
adopted, it was
30547
#880-97 RESOLVED, that having considered a communication from
the City Planning Commission, dated August 27, 1997, which sets forth its
resolution 8-136-97 adopted on August 19, 1997, with regard to Petition
97-5-6-4, submitted by the City Planning Commission, pursuant to Section
23 01(a) of Ordinance #543, as amended, and Council Resolution 254-
97, to determine whether or not to amend Section 18 47(b) of Article XVIII
of Zoning Ordinance #543, to require the filing of an approved color
rendering for signs where said signs require City Council and City
Planning Commission review, and the Council having conducted a public
hearing with regard to this matter on Monday, October 13, 1997, pursuant
to Council Resolution 744-97, the Council does hereby approve Petition
97-5-6-4, as modified so as to provide that the color rendering must have
colors designated, for preparation of the ordinance for submission to
Council, and the Department of Law is requested to prepare an ordinance
amending Ordinance 543, as amended, in accordance with this
resolution
On a motion by Taylor, seconded by Brosnan, and unanimously adopted,
it was.
#881-97 RESOLVED, that having considered a communication from
the City Planning Commission, dated August 27, 1997, which sets forth its
resolution 8-137-97 adopted on August 19, 1997, with regard to Petition
97-7-6-5, submitted by the City Planning Commission, pursuant to Section
23 01(a) of Ordinance #543, as amended, and Council Resolutions 235-
97 and 563-97, to determine whether or not to amend Section 23.05 of
Article XXIII of Zoning Ordinance #543, as amended, so as to shorten the
length of time between receipt of a petition to a recommendation being
made to the City Council by the City Planning Commission from 90 days
to 60 days, and the Council having conducted a public hearing with
regard to this matter on Monday, October 13, 1997, pursuant to Council
Resolution 744-97, the Council does hereby approve Petition 97-7-6-5 for
preparation of the ordinance for submission to Council, and the
Department of Law is requested to prepare an ordinance amending
Ordinance 543, as amended, in accordance with this resolution
On a motion by Feenstra, seconded by Duggan, and unanimously
adopted, it was
#882-97 RESOLVED, that having considered a communication from
the Department of Law, dated September 25, 1997, transmitting for
Council acceptance a Quit Claim Deed, more particularly described as
follows
30548
Quit Claim Deed, dated May 19, 1997, executed by Tri-Mount
Harrison Woods Building Co , Inc. to the City of Livonia for the
property described as follows
Commencing at the North 1/4 corner of Section 12, T 1 S , R.9 E.,
City of Livonia, Wayne County, Michigan. Thence N 89°56'30"
W , 164 56 feet along the E-W 1/4 Section Line of Section 12
Thence S 00°27'00" West, 60 00 feet; thence S 89°56'30" E.,
164 56 feet; thence N 88°52'29" E , 169 90 feet; thence N
00°27'00" E , 17 00 feet; thence N 88°52'29" W , 169 90 feet;
thence N 00°27'00" E , 43 00 feet to the Point of Beginning.
(Seven Mile Road Right-of-Way - 046-99-0050-000 and 045-03-
0060-000 and 045-03-0062-000)
the Council does hereby, for and in behalf of the City of Livonia, accept
the aforesaid Quit Claim Deed, and the City Clerk is hereby requested to
do all things necessary or incidental to fulfill the purpose 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 Taylor, and unanimously adopted,
it was.
#883-97 RESOLVED, that having considered a communication from
the Department of Law, dated October 10, 1997, which bears the
signature of the Director of Finance, is approved by the Director of Public
Works and the City Engineer, and is approved for submission by the
Mayor, the Council does hereby authorize the Department of Law to
acquire property located at 36730 Seven Mile Road, owned by Raymond
Kryda, more particularly described as follows
That Part of the Southwest 1/4 of Section 5, Town 1 South, Range
9 East, City of Livonia, Wayne County, Michigan described as
beginning at a point South 89D 14M 30S East, 1893 13 feet and
North OOD 22M OOS East, 33 00 feet from the Southwest 1/4 corner
of Section 5 thence North OOD 22M OOS East, 105 00 feet; thence
South 89D 14M 30S East, 55 00 feet; thence South 38D 53M 10S
East, 72 70 feet, thence South OOD 22M 00S West, 49 02 feet;
thence North 89D 14M 30S West, 101 00 feet to the Point of
Beginning. 0 21 Acres
subject to the following conditions
1 That the purchase price shall be in the sum of $95,000 00;
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2 That the City of Livonia shall pay relocation benefits, plus prorated
taxes, closing and moving costs pursuant to applicable state and
federal regulations in the sum not to exceed $22,500 00;
BE IT FURTHER RESOLVED, that a sum not to exceed $117,500 00 is
hereby authorized to be expended from proceeds of the sale of the $12
Million General Obligation Road Improvement Bond Issue approved by
the electorate in 1989 for the acquisition of said Seven Mile Road right-of-
way (hereafter the "bond proceeds"), that the sum of$900 00 is hereby
authorized to be expended to pay for the appraisal of the subject property
by R. S Thomas & Associates, Inc., and that the sum of$300 00 is
hereby authorized to be expended to pay for the review of said appraisal
performed by Dean Appraisal Company, with such amounts to be
expended from the bond proceeds, and the Department of Law is hereby
requested to prepare and place in proper form such legal documents as
may be necessary to consummate this transaction, and the City Clerk is
hereby requested to have the same recorded in the Office of the Register
of Deeds and to do all other things necessary or incidental to fulfill the
purpose 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 Brosnan, and unanimously
adopted, it was
#884-97 RESOLVED, that having considered a letter from the
Assistant Personnel Director, dated September 29, 1997, which bears the
signature of the Director of Finance and is approved for submission by
the Mayor, the Council does hereby amend and revise Council Resolution
664-97 so as to have the same read as follows:
RESOLVED, that having considered a communication
from the Assistant Personnel Director, dated July 18, 1997, which
bears the signature of the Director of Finance and is approved for
submission by the Mayor, and which transmits a resolution adopted
by the Civil Service Commission on July 17, 1997, wherein the
Commission recommends an amendment to the Classification of
Positions Plan with the establishment of the classification of Public
Relations Specialist, with the following salary schedule
BIWEEKLY ANNUAL
STEP 1
$1,612 00
$41,912.00
STEP 1 5 1,643 20 42,723 20
STEP 2 1,674 40 43,534 40
STEP 3 1,740 80 45,260 80
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STEP 4 1,80640 46,966 40
STEP 5 1,878 40 48,838 40
illio the same benefits (i e , longevity, vacation credit, sick leave,
dental, optical, medical benefits, etc.) as extended to other full-time
classified Civil Service employees shall be afforded this position,
the Council does hereby concur in and approve of the aforesaid
action, except that such positions shall be limited to two (2)
positions and shall be designated as Technical Specialist.
During audience communication, George Boller, 36270 Hammer, spoke to
the election process and his concerns about the privacy of absentee ballots, as well as
the Election Commission.
On a motion by Duggan, seconded by Brosnan, and unanimously
adopted, this 1,355th Regular Meeting of the Council of the City of Livonia was
adjourned at 1035 p m., October 22, 1997
•
( ,()--11.11,17L,1
an McCotter, City Clerk