HomeMy WebLinkAboutCOUNCIL MINUTES 1997-12-08 30619
MINUTES OF THE ONE THOUSAND THREE HUNDRED AND FIFTY-EIGHTH
REGULAR MEETING OF THE COUNCIL OF THE CITY OF LIVONIA
On December 8, 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 8100 p m. Councilmember Vandersloot delivered the invocation.
Roll was called with the following result: Val Vandersloot, Michael P
McGee, Gerald Taylor, Brian Duggan, Fernon P Feenstra, Maureen Miller Brosnan,
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, Michael T
Slater, Director of Finance, Ronald Reinke, Superintendent of Parks and Recreation,
Linda McCann, Director of Community Resources, Ralph Magid, Superintendent of
Public Service, David Woodcox, Sr Building Inspector; John MacDonald, Deputy
Police Chief; Lt. Barry Sherman, President of the Livonia Lieutenants and Sergeants
Association, Ronald J Engle, Fire Chief; Michael Riesterer, President of Livonia
Firefighters Union Local 1164, and Jack Engebretson, City Council President-Elect
(commencing January 1, 1998)
On a motion by McGee, seconded by Vandersloot, it was
RESOLVED, that the minutes of the 1,357th Regular
Meeting of the Council of the City of Livonia, held November 19, 1997,
are hereby approved as submitted.
Council Vice President Brosnan requested that the minutes be amended to show CR
#979-97 to reflect the following:
#979-97 RESOLVED, that the Council does hereby authorize the
administration to form a committee, to develop Request for Proposals,
and to begin negotiations with advanced life support providers, the same
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not to exceed 18 months in duration, and to thereafter submit a
report and recommendation to Council concerning the results of
such negotiations and a proposed agreement(s).
instead of as presented in the November 19, 1997 minutes, as follows.
#979-97 RESOLVED, that the Council does hereby authorize the
administration to form a committee, to develop Request for Proposals,
and to begin negotiations with advanced life support providers.
A roll call vote was taken on the resolution to approve the minutes, as amended, as
follows:
#985-97 RESOLVED, that the minutes of the 1,357th Regular
Meeting of the Council of the City of Livonia, held November 19, 1997,
are hereby approved as amended
with the following result:
AYES Vandersloot, McGee, Taylor, Duggan, Feenstra, Brosnan, and
Laura.
NAYS None
The President declared the resolution adopted
Council President Laura announced that a communication was received from the
Mayor, dated December 8, 1997, indicating his veto of Council Resolution No 957-97,
adopted on November 19, 1997
On a motion by Feenstra, seconded by Brosnan, it was
#986-97 RESOLVED, that having considered the veto by the Mayor,
dated December 8, 1997, of resolution #957-97 adopted by the Council
on November 19, 1997, the Council does hereby readopt said resolution
#957-97 the same as if it were word for word repeated herein
Pat Smith of Brashear, Tangora and Spence, attorney for George's Livonia Gardens,
spoke in support of the Mayor's veto
A roll call vote was then taken on the foregoing resolution with the following result:
AYES McGee, Taylor, Duggan, Feenstra, and Brosnan
NAYS Vandersloot and Laura.
The President declared the resolution to override the Mayoral veto adopted
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Councilmember Feenstra congratulated his granddaughter, Chelsea, on
her 10th birthday
Who During audience communication, Stan Anderson, 28428 Elmira, thanked
Councilmembers Taylor, Feenstra and McGee for their many years of service to the
City
A communication from the Department of Finance, dated November 20,
1997, re. forwarding various financial statements of the City of Livonia for the month
ending October 31, 1997, was received and placed on file for the information of the
Council
A communication from the Engineering Division, dated December 1, 1997,
re: status of the Hillcrest Court Development Project, at Five Mile and Spanich Court
on the east side of Kroger, was received and placed on file for the information of the
Council
A communication from the Engineering Division, dated December 1, 1997,
re status of the Pines of Winfield Subdivision and restoration work in Sheffield Estates
Subdivision was received and placed on file for the information of the Council
Communications from the Inspection Department, dated November 5,
1997 and December 4, 1997, re administrative response to CR 803-97 -four (4)
abandoned vehicles at the northeast corner of Bainbridge and Lyndon -were received
and placed on file for the information of the Council
Communications from the Inspection Department, dated November 17,
1997 and December 4, 1997, re administrative response to CR 886-97 - a vehicle
parked at the entrance to Coventry Gardens Subdivision -were received and placed on
file for the information of the Council
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At the direction of the Chair, Item #15 was removed from the Consent
portion of the Agenda.
i'"" On a motion by Duggan, seconded by Brosnan, it was
#987-97 RESOLVED, that having considered a communication from
the City Clerk, dated November 14, 1997, regarding a request to adjust
the compensation schedule for members of the Board of Canvassers, the
Council does hereby refer this matter to the Finance, Insurance and
Budget Committee for its report and recommendation.
A communication from the Inspection Department, dated November 17,
1997, re: administrative response to CR 887-97 - the blue neon signage at the Derby
Bar, located at 13401 Middlebelt -was received and placed on file for the information of
the Council
#988-97 RESOLVED, that having considered the report and
recommendation of the Department of Parks and Recreation, dated
November 17, 1997, which bears the signature of the Director of Finance
and is approved for submission by the Mayor, submitted pursuant to
Council Resolution 888-97, regarding the subject of the progress of the
signage for Nature Preserves, the Council does hereby refer this matter to
the Capital Improvement Committee for its report and recommendation
#989-97 RESOLVED, that having considered a communication from
the Superintendent of Parks and Recreation, dated November 14, 1997,
which bears the signature of the Director of Finance and is approved for
submission by the Mayor, and which transmits a copy of resolution 2407-
97 adopted by the Parks and Recreation Commission on October 13,
1997, the Council does hereby concur in the recommendation of the
Parks and Recreation Commission and does hereby establish a fee of
$25 00 per person (with at least 14 participants) to cover the cost of
materials for a community CPR course for a two-day period covering six
hours.
#990-97 RESOLVED, that having considered a communication from
the Superintendent of Parks and Recreation, dated November 14, 1997,
which bears the signature of the Director of Finance and is approved for
submission by the Mayor, and which transmits a copy of resolution 2408-
97 adopted by the Parks and Recreation Commission on October 13,
1997, the Council does hereby concur in the recommendation of the
Parks and Recreation Commission and does hereby designate that all
golf courses within the City shall be soft spike courses only
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#991-97 RESOLVED, that having considered a communication from
the Director of Community Resources, dated November 12, 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 transportation 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 January 1, 1998 through June 30, 1998, 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 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.
#992-97 RESOLVED, that having considered a communication from
the Director of Community Resources, dated November 13, 1997,
approved by the Director of Finance and approved for submission by the
Mayor, wherein it is recommended that the fee per plot for the community
gardens at Greenmead be increased from $12 00 per plot per garden
season to $15 00 per plot per garden season, the Council does hereby
concur in and approve of such action.
#993-97 RESOLVED, that having considered the report and
recommendation of the Director of Community Resources, dated
November 14, 1997, approved by the Director of Finance and approved
for submission by the Mayor, the Council does hereby approve of the
attached grant classifications and compensation plan for staff employment
for the Fiscal Year 1998 through the Department of Community
Resources for the period October 1, 1997, through September 30, 1998,
with the only benefit provided being holiday pay after the completion of
480 hours.
A communication from the Department of Law, dated November 7, 1997,
re: administrative response to CR 750-97 - the legal ramifications of preparation of
Request for Proposals for additional cable television franchises -was received and
placed on file for the information of the Council
#994-97 RESOLVED, that having considered a communication from
the City Engineer, dated October 30, 1997, approved for submission by
the Mayor, to which is attached a letter from Mr and Mrs. Neil Worden,
dated October 30, 1997, requesting elimination of the sidewalk
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requirement with respect to the new home being constructed at 31679
Norfolk, the Council does hereby approve this request inasmuch as
omitting the sidewalk on the subject property would have no detrimental
effect upon the neighboring properties at this time due to lack of any other
public sidewalks existing on the south side of Norfolk in this area;
FURTHER, the Council does hereby reserve the right to require sidewalks
at this location in the event that additional sidewalks are installed in this
area at some future date
#995-97 RESOLVED, that having considered the report and
recommendation of the City Engineer, dated November 7, 1997, approved
by the Director of Public Works and approved for submission by the
Mayor, submitted pursuant to Council Resolution 680-97, and 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 approve this request inasmuch
as omitting the sidewalk on the subject property would have no
detrimental effect upon the neighboring properties at this time due to lack
of any other public sidewalks on the west side of Melvin Avenue between
Curtis Road and Seven Mile Road, FURTHER, the Council does hereby
reserve the right to require sidewalks at this location in the event that
additional sidewalks are installed in this area at some future date
A communication from the Engineering Division, dated November 5, 1997,
re. additional information pertaining to the preliminary plat approval for Parkview
Subdivision was received and placed on file for the information of the Council (CR
820-97)
#996-97 RESOLVED, that having considered the report and
recommendation of the City Engineer, dated November 10, 1997, which
bears the signature of the Director of Finance, is approved by the Director
of Public Works and is approved for submission by the Mayor, and having
considered the necessity for traffic signal modernizations at the
intersections of Schoolcraft Road and Levan Road, Stark Road and the
entrance to Ladbroke Race Course, and at the intersections of Seven
Mile and Purlingbrook and the Livonia Mall, the Council does hereby
authorize the said traffic signal modernizations, FURTHER, the Council
does hereby authorize a refund to be made to the Wayne County Division
of Roads for the cost of such modernizations in the total amount of
$26,665 00, and does hereby appropriate and authorize the expenditure
of a sum not to exceed $26,665 00 from the Michigan Transportation
Fund (Major Road Account) for this purpose, and the City Clerk is hereby
requested to forward a certified copy of this resolution to the Wayne
County Division of Roads
30625
#997-97 RESOLVED, that having considered a communication from
the City Planning Commission, dated November 5, 1997, which transmits
its resolution 10-186-97, adopted on October 28, 1997, with regard to a
Sign Permit Application, submitted by Beacon Sign Company on behalf of
Kmart, requesting approval for signage for the store located at 33400
Seven Mile Road in the Southeast 1/4 of Section 4, the Council does
hereby concur in the recommendation of the Planning Commission and
approve the said Sign Permit Application, subject to the following
conditions
1 That the Sign Package submitted by Beacon Sign Company, as
received by the Planning Commission on October 6, 1997, is
hereby approved and shall be adhered to, and
2. That all signage shall not be illuminated beyond one (1) hour after
the store closes.
#998-97 WHEREAS, the City Clerk has received an Application for
Industrial Facilities Exemption Certificate from Awrey Bakeries, Inc., dated
November 12, 1997, covering new industrial facilities to be located within
City of Livonia Industrial Development District No 5,
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 Wednesday, January 21, 1998, at
7 00 p m at the Livonia City Hall, 33000 Civic Center Drive,
Livonia, Michigan.
3 The Council hereby sets Wednesday, January 21, 1998, at 7 00
p m. at the Livonia City Hall, 33000 Civic Center Drive, Livonia,
Michigan, as the date, time and place for conducting a hearing on
said Application
#999-97 RESOLVED, that having considered a communication from
Robert A. LaBelle, Dickinson, Wright, Moon, VanDusen and Freeman, on
behalf of Kmart Corporation, dated November 6, 1997, which in
accordance with the provisions of Section 19 08 of Ordinance 543, as
30626
amended, the Zoning Ordinance, takes an appeal from a determination
made on October 28, 1997, by the City Planning Commission in its
resolution 10-180-97 with regard to Petition 97-9-2-26 submitted by Kmart
Corporation requesting waiver use approval for an SDM license for an
existing store on the south side of Plymouth Road between Middlebelt
Road and Milburn Avenue in the Northeast 1/4 of Section 35, which
property is zoned C-2, the Council does hereby designate Wednesday,
January 21, 1998, at 7 00 p m. as the date and time for conducting a
public hearing with regard to this matter, such hearing to be held at the
City Hall, 33000 Civic Center Drive, Livonia, Michigan; and the City Clerk
is hereby requested to do all things necessary in order to give proper
notice in writing, as well as by the publication of a notice in the City's
official newspaper of such hearing and the date and place thereof, in
compliance with the requirements set forth in Ordinance 543, as
amended, the Zoning Ordinance of the City of Livonia.
A roll call vote was taken on the foregoing resolutions with the following result:
AYES Vandersloot, McGee, Taylor, Duggan, Feenstra, Brosnan, and
Laura.
NAYS None
On a motion by McGee, seconded by Brosnan, and unanimously adopted,
it was:
#1000-97 WHEREAS, the ability to make fundamental decisions
regarding land uses is of paramount importance to state and local
government; and
WHEREAS, proposed legislation pending before Congress would
significantly diminish the ability of local units of government to exercise
traditional land use and zoning authority and to protect public health,
safety and the environment; and
WHEREAS, H R. 1534, S B 1204 and S B 1256 would impose a one-
size-fits-all Federal limitation on local decision-making in land use cases
by changing standards for ripeness and eliminating the requirement that a
developer must first exhaust all administrative remedies at the local level
before challenging the local decision in court; and
WHEREAS, H R. 1534, S B 1204 and S B 1256 would also force all
taking claims to be decided by Federal courts as opposed to allowing
state court consideration of these claims,
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City
of Livonia does hereby take this means to join with the National League of
30627
Cities in strenuously opposing H R. 1534, S B 1204 and S B 1256 due to
the detrimental impact this proposed legislation would have on state and
local government;
BE IT FURTHER RESOLVED, that a copy of this resolution be forwarded
to the President and Vice President of the United States, Governor
Engler, U S Representative Lynn Rivers, U S Representative Joseph
Knollenberg, Senator R. Robert Geake, State Representative Lyn
Bankes, State Representative Gerald Law, National Governors
Association, National League of Cities, U S Conference of Mayors,
Michigan Municipal League State and Federal Affairs Division, and the
Conference of Western Wayne
On a motion by Taylor, seconded by Vendersloot, and unanimously
adopted, it was.
#1001-97 RESOLVED, that having considered the report and
recommendation of the Committee of the Whole, dated October 29, 1997,
submitted pursuant to Council Resolution 605-97, and a communication from
the City Planning Commission, dated July 7, 1997, which transmits its
resolution 6-112-97 adopted on July 1, 1997, with regard to Petition 97-6-8-
17 submitted by Wal-Mart Stores Inc., requesting approval to revise the
building elevations and landscaping of the commercial building located at
13507 Middlebelt Road in the Northeast 1/4 of Section 26, the Council does
hereby concur in the recommendation of the Planning Commission and
Petition 97-6-8-17 is hereby approved and granted subject to the following
conditions.
1 That the Site Plan and Landscape Plan, dated December 3, 1997,
prepared by Buescher Frankenberg Associates, Inc., are hereby
approved and shall be adhered to,
2 That all parking lot improvements as shown on the approved Site
Plan shall be completed before the issuance of the Certificate of
Occupancy;
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 existing F&M sign shall be eliminated and the pole shall
be removed upon the expiration of the existing lease agreement
with F&M,
30628
6 That a new monument sign will be installed,
7 That the existing pay phones on the property will be removed;
8 That new asphalt shall be installed over the entire parking lot;
9 That additional modifications will be made to the exterior of the
building and the new renderings shall be sent to the Committee of
the Whole for additional modifications and consideration by
Council
10 That the existing leases for the buildings on the northeast corner of
the property shall be terminated by May 1, 1998, and such
buildings will be demolished.
Ray Frankenberg, Vice President of Buescher Frankenberg Associates, addressed the
foregoing matter
A communication from the Office of the Mayor, dated December 4, 1997,
re. administrative response to CR 979-97 -Advanced Life Support interim Request for
Proposals -was received and placed on file for the information of the Council (CR
973-96)
On a motion by Brosnan, seconded by Feenstra, and unanimously
adopted, it was:
#1002-97 RESOLVED, that having considered the report and
recommendation of the Mayor, dated December 4, 1997, regarding a
proposed request for proposals for a contract for advanced life support
services from a private provider, the Council does hereby approve the
proposed Request for Proposals as recommended in the aforesaid
communication and does hereby authorize the administration to solicit
proposals from interested companies for providing such services to the
City of Livonia and to enter into negotiations regarding a proposed
contract, the same not to exceed 18 months in duration, and to thereafter
submit a report and recommendation to Council concerning the results of
such negotiations and a proposed agreement(s)
Michael Riesterer, President of Livonia Firefighters Union Local 1164, thanked the
Mayor for the involvement of the union in formatting the Request for Proposals. He
also stated his opposition to contracting out advanced life support services for the City
30629
On a motion by Taylor, seconded by Feenstra, and unanimously adopted,
it was
#1003-97 RESOLVED, that having considered the report and
recommendation of the Committee of the Whole, dated November 24,
1997, and a communication from the Assistant Personnel Director, dated
December 8, 1997, approved by the Director of Finance and approved for
submission by the Mayor, and which transmits a resolution adopted by the
Civil Service Commission on December 8, 1997, the Council does hereby
approve the proposed three-year contract to be entered into by and
between the City of Livonia and the Livonia Police Lieutenants and
Sergeants Association for the period December 1, 1997 through
November 30, 2000; FURTHER, the Council does hereby determine to
approve the necessary amendments to the Retirement Plan Ordinance,
the Compensation Plan and changes in certain benefits as required to
effectuate this agreement, and the Mayor and City Clerk are hereby
authorized to affix their signatures to the aforesaid contract for and on
behalf of the City of Livonia, and to do all things necessary or incidental to
the full performance of this resolution.
On a motion by Brosnan, seconded by Duggan, it was:
#1004-97 RESOLVED, that having considered the report and
recommendation of the Committee of the Whole, dated November 25,
1997, submitted pursuant to Council Resolution 947-97, and a
communication from the Department of Law, dated November 3, 1997,
which bears the signature of the Director of Finance and is approved for
submission by the Mayor, regarding the property located on the north side
of Seven Mile Road immediately west of and adjacent to Glenda's Farm
Market in the South 1/2 of Section 5, the Council does hereby direct that
the property be posted with a "For Sale" sign and that the Director of
Finance obtain competitive bids with respect to the proposed sale of this
City-owned property in accordance with the direction contained in Council
Resolution 517-97
A roll call vote was taken on the foregoing resolution with the following result:
AYES Vandersloot, McGee, Taylor, Duggan, Feenstra, and Brosnan.
NAYS Laura
The President declared the resolution adopted
Sam Baki, 36700 W 7 Mile Road, stated his interest in purchasing the foregoing
property
On a motion by Brosnan, seconded by McGee, it was
30630
#1005-97 RESOLVED, that having considered the report and
recommendation of the Committee of the Whole, dated November 25,
1997, submitted pursuant to Council Resolution 905-97, and a
communication from the City Planning Commission, dated October 20,
1997, which transmits its resolution 10-172-97, adopted on October 14,
1997, with regard to Petition 97-8-2-23, submitted by the Salvation Army,
requesting waiver use approval to operate a secondhand store within an
existing building located on the north side of Plymouth Road between
Sears Avenue and Merriman Road in the Southwest 1/4 of Section 26,
which property is zoned C-2, the Council does hereby reject the
recommendation of the Planning Commission and Petition 97-8-2-23 is
hereby denied for the following reasons
1 That the petitioners have failed to affirmatively show that the
proposed use is in compliance with all of the general waiver use
standards and requirements as set forth in Section 19 06 of the
Zoning Ordinance #543, and
2. That the proposed use is incompatible to and not in harmony with
the surrounding uses in the area.
A roll call vote was taken on the foregoing resolution with the following result:
AYES Vandersloot, McGee, Taylor, Duggan, and Brosnan
NAYS Feenstra and Laura.
The President declared the resolution adopted.
Craig Singer of West Bloomfield, representing the landlord and Salvation Army,
requested an approval of the foregoing matter
Duggan gave first reading to the following Ordinance
AN ORDINANCE AMENDING SECTION 6 OF THE ZONING MAP
OF THE CITY OF LIVONIA AND AMENDING ARTICLE III OF
ORDINANCE NO 543, AS AMENDED, KNOWN AND CITED AS
"THE CITY OF LIVONIA ZONING ORDINANCE" BY ADDING
SECTION 3 THERETO (Petition 97-6-1-9)
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.
30631
Feenstra took from the table, for second reading and adoption, the
following Ordinance
AN ORDINANCE ADDING SECTION 115 OF CHAPTER 04
(CITY COUNCIL) OF 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 Vandersloot, McGee, Taylor, Duggan, Feenstra, Brosnan, and
Laura.
NAYS None
The President declared the foregoing Ordinance duly adopted, and would become
effective on publication.
Brosnan took from the table, for second reading and adoption, the
following Ordinance
AN ORDINANCE AMENDING SECTION 32 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 97-7-1-10)
A roll call vote was taken on the foregoing Ordinance with the following result:
AYES Vandersloot, McGee, Taylor, Duggan, Feenstra, Brosnan, and
Laura
NAYS None
The President declared the foregoing Ordinance duly adopted, and would become
effective on publication.
Brosnan took from the table, for second reading and adoption, the
following Ordinance
tie AN ORDINANCE ADDING SECTION 18 34A TO ARTICLE XVIII
OF ORDINANCE NO 543, AS AMENDED, KNOWN AND CITED
AS "THE CITY OF LIVONIA ZONING ORDINANCE"
(Petition 97-5-6-2)
30632
A roll call vote was taken on the foregoing Ordinance with the following result:
AYES Vandersloot, McGee, Taylor, Duggan, Feenstra, Brosnan, 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 23 05 OF ARTICLE XXIII
OF ORDINANCE NO 543, AS AMENDED, KNOWN AND CITED
AS "THE CITY OF LIVONIA ZONING ORDINANCE"
(Petition 97-7-6-5)
A roll call vote was taken on the foregoing Ordinance with the following result:
AYES Vandersloot, McGee, Taylor, Duggan, Feenstra, Brosnan, 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 SECTION 040 OF TITLE 13,
CHAPTER 08 (WATER SERVICE RATES AND REVENUES)
AND SUBSECTIONS D AND E OF SECTION 120 OF TITLE 13,
CHAPTER 20 (LIVONIA SEWAGE DISPOSAL SYSTEM) OF
THE LIVONIA CODE OF ORDINANCES, AS AMENDED
A roll call vote was taken on the foregoing Ordinance with the following result:
AYES Vandersloot, McGee, Taylor, Duggan, Feenstra, Brosnan, and
Laura.
NAYS None.
30633
The President declared the foregoing Ordinance duly adopted, and would become
effective on publication.
Eviw
Duggan left the podium at 9 35 p m due to a conflict of interest on the next Agenda
item.
On a motion by Taylor, seconded by Feenstra, it was
#1006-97 RESOLVED, that having considered a communication from
the City Assessor, dated November 10, 1997, approved for submission by
the Mayor, with regard to a request from Leo Soave, 34822 Pembroke,
Livonia, Michigan 48152, and in accordance with the provisions of 1967
PA 288, as amended, as well as Section 18 46 of Ordinance 543, as
amended, the Council does hereby approve of the proposed division of
Tax Item Nos. 46 006 99 0091 000 and 46 006 99 0092 000 into two (2)
parcels, the legal descriptions of which shall read as follows.
PARCEL A.
The East 1/2 of the North 1/2 of the North 1/2 of the Southwest 1/4 of the
Northwest 1/4 of Section 2, Town 1 South, Range 9 East, City of Livonia,
Wayne County, Michigan, except the east 30 ft. thereof; also except the
south 132 ft. of the east 101 ft. and the north 132 ft. of the east 90 ft.
thereof
PARCEL B.
The North 132 ft. of the east 90 ft. of the following described property.
The East 1/2 of the North 1/2 of the North 1/2 of the Southwest 1/4 of the
Northwest 1/4 of Section 2, Town 1 South, Range 9 East, City of Livonia,
Wayne County, Michigan, except the east 30 ft. thereof
as shown on the map attached to the aforesaid communication which is
made a part hereof by reference, and the City Clerk is hereby requested
to cause a certified copy of this resolution to be recorded in the Office of
the Wayne County Register of Deeds, provided, however, that to the
extent required by law and City ordinance, the action herein is made
subject to the approval of the Zoning Board of Appeals.
A roll call vote was taken on the foregoing resolution with the following result:
AYES Vandersloot, McGee, Taylor, Feenstra, Brosnan, and Laura.
NAYS None
The President declared the resolution adopted.
30634
Duggan returned to the podium at 9.36 p m
A communication from the Public Service Division, dated December 1,
1997, re additional information with respect to the award of the contract for the City's
1998 Tree and Stump Removal Program 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.
#1007-97 RESOLVED, that having considered the report and
recommendation of the Director of Public Works and the Superintendent
of Public Service, dated November 14, 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 Arbortech Tree Service,
Inc., 3323 Metamora Road, Oxford, Michigan 48371, for completing all
work required in connection with the City's 1998 Tree and Stump
Removal Program for a total price not to exceed $27,464 00, the same
having been in fact the lowest bid received for this item and meets all
specifications, 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.
On a motion by Taylor, seconded by Vandersloot, and unanimously
adopted, it was
#1008-97 RESOLVED, that having considered a communication from
the Department of Law, dated November 21, 1997, which bears the
signature of the Director of Finance and is approved for submission by
the Mayor, the Council does hereby authorize the Department of Law to
acquire property located at 36235 Seven Mile Road, owned by Albert F
Shay and Virginia D Shay, individually and on behalf of their respective
revocable trusts, more particularly described as follows.
The North 60 feet of the following parcel of land.
That part of the Northeast 1/4 of Section 8, described as beginning
at a point on the North line of said section distant North 89°44'10"
East 1058 50 feet from the North 1/4 corner of Section 8 and
proceeding thence North 89°44'10" East along said line 150 0 feet;
30635
thence South 0°09'30" East 580 80 feet; thence South 89°44'10"
West 150 0 feet; thence North 0°09'30" West 580 80 feet to the
point of beginning Portion of Wayne County Bureau of Taxation
Property Number 029-99-0025-000 (36235 Seven Mile Road)
subject to the following conditions
1 That the purchase price shall be in the sum of$31,500 00;
2. That the City of Livonia shall pay for the cost of title work and any
prorated city, county, county drain, school and community college
taxes and assessments, as well as any other closing costs, in a
sum not to exceed $3,500 00;
BE IT FURTHER RESOLVED, that a sum not to exceed $35,000 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$975 00 is hereby
authorized to be expended to pay for the appraisal of the subject property
by Dean Appraisal Company, DAC Building, 690 E. Maple, Birmingham,
Michigan 48009-6352, and that the sum of$300 00 is hereby authorized
to be expended to pay for the review of said appraisal performed by R.S
Thomas &Associates, Inc., 29145 Five Mile Road, Livonia, Michigan
48154, 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 Duggan, seconded by Brosnan, and unanimously
adopted, it was
#1009-97 RESOLVED, that having considered a communication from
the Department of Law, dated November 20, 1997, which bears the
signature of the Director of Finance and is approved for submission by
the Mayor, the Council does hereby authorize the Department of Law to
acquire property located at 36435 Seven Mile Road, owned by Joseph A.
Schumont and Catherine Schumont, more particularly described as
follows.
The north 60 feet of the following parcel of land
30636
That part of the Northeast 1/4 of Section 8, Town 1 South, Range 9
East, described as beginning at the North 1/4 corner of said
Section and proceeding thence North 89 degrees 44 minutes 10
seconds East along the North line of Section 8, 491 82 feet; thence
South 0 degrees 06 minutes 08 seconds East 224 feet; thence
South 88 degrees 11 minutes 56 seconds East 166 52 feet; thence
North 0 degrees 06 minutes 08 seconds West 230 feet; thence
South 89 degrees 44 minutes 10 seconds West 166 43 feet to the
point of beginning. Portion of Wayne County Bureau of Taxation
Property Number 029-99-0028-000 (36435 Seven Mile Road)
subject to the following conditions
1 That the purchase price shall be in the sum of$10,000 00;
2. That the City of Livonia shall pay for the cost of title work and any
prorated city, county, county drain, school and community college
taxes and assessments, as well as any other closing costs, in a
sum not to exceed $1,500 00;
BE IT FURTHER RESOLVED, that a sum not to exceed $11,500 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$975 00 is hereby
authorized to be expended to pay for the appraisal of the subject property
by Dean Appraisal Company, DAC Building, 690 E Maple, Birmingham,
Michigan 48009-6352, and that the sum of$300 00 is hereby authorized
to be expended to pay for the review of said appraisal performed by R.S
Thomas &Associates, Inc., 29145 Five Mile Road, Livonia, Michigan
48154, 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 Duggan, seconded by Brosnan, and unanimously
adopted, it was.
#1010-97 RESOLVED, that having considered a communication from
the Department of Law, dated November 21, 1997, which bears the
signature of the Director of Finance and is approved for submission by
the Mayor, the Council does hereby authorize the Department of Law to
30637
acquire property located at 36255 Seven Mile Road, owned by Steven M
Lietzau and Barbara Lietzau, more particularly described as follows.
The North 60 feet of the following parcel of land.
Part of the Northeast 1/4 of Section 8, T 1 S , R. 9 E , beginning
North 89°44'10" East along the north line of Section 8, 920 50 feet,
thence North 89°44'10" East along north line 138 0 feet; thence
South 00°09'44" East 320 80 feet; thence South 89°44'10" West
138 0 feet; thence North 00°09'44" West 320 80 feet to the point
of beginning Subject to easements of record Wayne County
Bureau of Taxation Property Number 029-99-0026-003 (36255
Seven Mile Road)
subject to the following conditions.
1 That the purchase price shall be in the sum of$7,100 00;
2 That the City of Livonia shall pay for the cost of title work and any
prorated city, county, county drain, school and community college
taxes and assessments, as well as any other closing costs, in a
sum not to exceed $1,500 00;
BE IT FURTHER RESOLVED, that a sum not to exceed $8,600 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$975 00 is hereby
authorized to be expended to pay for the appraisal of the subject property
by Dean Appraisal Company, DAC Building, 690 E. Maple, Birmingham,
Michigan 48009-6352, and that the sum of$300 00 is hereby authorized
to be expended to pay for the review of said appraisal performed by R.S
Thomas & Associates, Inc., 29145 Five Mile Road, Livonia, Michigan
48154, 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.
30638
#1011-97 RESOLVED, that having considered a communication from
Councilmember Fernon P Feenstra, dated November 21, 1997, in
connection with the bids received for Fire Department uniforms, the
Council does hereby repeal and rescind Council Resolution 928-97
Sir
Eddie Beiderman, Metropolitan Uniform Company, stated his company was the low
bidder for the Fire Department uniforms and inquired if the bid would now be awarded
to his company
On a motion by Feenstra, seconded by Brosnan, it was
#1012-97 RESOLVED, that having considered the report and
recommendation of the Fire Chief, dated September 26, 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 Allie Brothers, Inc., 20295 Middlebelt Road, Livonia, Michigan
48152, for supplying the Fire Department with uniforms and related
uniform items for the unit prices set forth in the attachment for a period of
two (2) years, for a total estimated price of$28,337 00 per year, the same
having been in fact the lowest bid received which meets all specifications,
and the bid of Metropolitan Uniform Co is hereby rejected.
A roll call vote was taken on the foregoing resolution with the following result:
AYES Vandersloot, McGee, Taylor, Duggan, Feenstra, and Brosnan.
NAYS Laura.
The President declared the resolution adopted
On a motion by Taylor, seconded by Feenstra, and unanimously adopted,
it was.
#1013-97 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, 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 Electricfil Corporation, 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
30639
fact been conducted at 7 00 p m , on Monday, December 1, 1997, at the
Livonia City Hall, 33000 Civic Center Drive, Livonia, Michigan
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, Electricfil Corporation, 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 Electricfil Corporation
covering new industrial facilities to be located within the City of
Livonia Industrial Development District No 68 for 12 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 Feenstra, seconded by Duggan, it was.
RESOLVED, that having considered a communication from
the City Planning Commission, dated October 8, 1997, which sets forth its
resolution 9-152-97 adopted on September 30, 1997, with regard to
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, and the Council having conducted a public
hearing with regard to this matter on December 1, 1997, pursuant to
Council Resolution 856-97, the Council does hereby approve Petition 97-
8-1-11 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
30640
amending Ordinance 543, as amended, in accordance with this
resolution.
A roll call vote was taken on the foregoing resolution with the following result:
AYES Feenstra and Laura.
NAYS Vandersloot, McGee, Taylor, Duggan, and Brosnan
The President declared the resolution denied
On a motion by Feenstra, seconded by Duggan, it was.
#1014-97 RESOLVED, that having considered a communication from
the City Planning Commission, dated October 8, 1997, which sets forth its
resolution 9-152-97 adopted on September 30, 1997, with regard to
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, and the Council having conducted a public
hearing with regard to this matter on December 1, 1997, pursuant to
Council Resolution 856-97, the Council does hereby refer this matter to
the Committee of the Whole for its report and recommendation.
A roll call vote was taken on the foregoing resolution with the following result:
AYES Vandersloot, McGee, Duggan, Feenstra, Brosnan, and Laura.
NAYS Taylor
The President declared the resolution adopted
On a motion by Vandersloot, seconded by Feenstra, and unanimously
adopted, it was'
#1015-97 RESOLVED, that having considered a communication from
the City Planning Commission, dated October 8, 1997, which sets forth its
resolution 9-153-97, adopted on September 30, 1997, with regard to
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, and the Council having
conducted a public hearing with regard to this matter on December 1,
1997, pursuant to Council Resolution 856-97, the Council does hereby
i' concur in the recommendation of the Planning Commission and Petition
97-8-1-12 is hereby denied for the following reasons
30641
1 That the proposed change of zoning would promote strip
commercial development in the area,
2 That the proposed change of zoning is inconsistent with the
existing OS zoning district occurring on the lands both north and
south of the subject property;
3 That the proposed change of zoning would be incompatible to and
not in harmony with the adjacent uses in the area,
4 That this general area along Wayne Road is currently well served
with a variety of commercial uses, and
5 That there is no demonstrated need for additional C-2 zoned land
in this section of the City
On a motion by Brosnan, seconded by Vandersloot, it was.
#1016-97 RESOLVED, that having considered a communication from
the City Planning Commission, dated October 14, 1997, which sets forth
its resolution 9-155-97 adopted on September 30, 1997, 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
Avenue and Grandon Avenue in the Southeast 1/4 of Section 35, which
property is zoned OS, and the Council having conducted a public hearing
with regard to this matter on December 1, 1997, pursuant to Council
Resolution 855-97, the Council does hereby reject the recommendation of
the City Planning Commission and said Petition 97-8-2-18 is hereby
approved and granted, including the Site Plan as presented, and with the
condition that the enrollment is limited to a maximum of 33 students.
A roll call vote was taken on the foregoing resolution with the following result:
AYES Vandersloot, McGee, Taylor, Duggan, Brosnan, and Laura.
NAYS Feenstra.
The President declared the resolution adopted.
Agenda Item 37, the proposed resolution in opposition to Senate Bill 487,
was not offered at the meeting due to the receipt of new information on this matter
On a motion by Feenstra, seconded by Brosnan, and unanimously
adopted, it was.
30642
#1017-97 WHEREAS, House Bill No 4932 was introduced by
Representative Gloria Schermesser in order to give cities and villages
greater flexibility in the expenditure of state monies relative to the
construction and repair of roads within their jurisdiction,
WHEREAS, House Bill No 4932 would amend Public Act 51 of 1951, as
amended (Michigan Compiled Laws 247 663), by eliminating the
requirement that cities and villages expend matching funds in order to
qualify for state funding;
WHEREAS, House Bill No 4932 would further amend Public Act 51 of
1951, as amended, by providing cities and villages with greater flexibility
relative to the use of state monies by eliminating the requirement that only
a certain portion of state monies be used on the local street system (now
capped at 25% with an additional 15% in case of an emergency), as
opposed to the major street system,
WHEREAS, House Bill No 4932 would empower cities and villages by
allowing those with direct knowledge of the needs of the community to
decide how state monies should be spent;
NOW, THEREFORE, I, Jack E. Kirksey, Mayor of the City of Livonia,
County of Wayne, State of Michigan, join with the City Council of the City
of Livonia to urge passage of House Bill 4932 and request that copies of
this Resolution be forwarded forthwith to State Representative Gloria
Schermesser, State Representative Morris Hood, Governor John Engler,
U S Representative Lynn Rivers, U S Representative Joseph
Knollenberg, Senator R. Robert Geake, State Representative Lyn
Bankes, State Representative Gerald Law, the MML State and Federal
Affairs Division, and the Conference of Western Wayne
No one from the audience wished to speak at this time
Councilmember Taylor announced the birthday tomorrow of the City
Planner, John Nagy
On a motion by Duggan, seconded by Brosnan, and unanimously
adopted, this 1,358th Regular Meeting of the Council of the City of Livonia was
adjourned at 1000 p m , December 8, 1997
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