HomeMy WebLinkAboutCOUNCIL MINUTES 1997-08-11 30380
MINUTES OF THE ONE THOUSAND THREE HUNDRED AND FIFTIETH
REGULAR MEETING OF THE COUNCIL OF THE CITY OF LIVONIA
On August 11, 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 04 p m Councilmember Feenstra delivered the invocation, expressing
sympathy to the families of Timothy Ball and Robert Turner
Roll was called with the following result: Fernon P Feenstra, Maureen
Miller Brosnan, Val Vandersloot, Michael P McGee, Gerald Taylor, Brian Duggan, and
Joe Laura. Absent: None
Elected and appointed officials present. Jack E Kirksey, Mayor; H
Shane, Assistant City Planner; Robert J Beckley, Director of Public Works, Sean P
Kavanagh, City Attorney; Joan McCotter, City Clerk; Karen A. Szymula, Director of
Legislative Affairs, Laura M Toy, City Treasurer; Linda McCann, Director of Community
Resources, Ronald Reinke, Superintendent of Parks and Recreation, Jeanne Treff,
Cable Television Director; and Thaddeus McCotter, Wayne County Commissioner
On a motion by Duggan, seconded by Brosnan, and unanimously
adopted, it was
#641-97 RESOLVED, that the minutes of the 1,349th Regular
Meeting of the Council of the City of Livonia, held July 21, 1997, are
hereby approved as submitted
On a motion by Feenstra, seconded by Duggan, and unanimously
adopted, it was
#642-97 RESOLVED, that the minutes of the 232nd Special Meeting
of the Council of the City of Livonia, held July 23, 1997, are hereby
approved as submitted
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The Director of Public Works, Robert J Beckley, introduced Robert J
Schron, P E , as the new City Engineer Mr Schron is a registered professional
engineer in Michigan who comes to the City with 27 years experience in consulting civil
engineering
Wayne County Commissioner Thaddeus McCotter presented a resolution
on behalf of the Wayne County Commissioners honoring and congratulating Sergeant
Julie Worden on her new appointment. On June 25, 1997, Governor John Engler
appointed Sergeant Julie Worden to the Board of Forensic Polygraph Examiners,
making her the first woman ever to serve on the Polygraph Board
During audience communication, John Pastor, 31140 Lyndon, thanked
the patrons of the Burger King restaurant on Seven Mile and Middlebelt Roads, as well
as those who made direct donations to the Children's Miracle Network, with respect to
the fund drive for his son Mr Pastor indicated that over $2,000 00 was raised by this
effort.
A communication from the Department of Finance, dated July 21, 1997,
re forwarding various financial statements of the City of Livonia for the month ending
June 30, 1997, was received and placed on file for the information of the Council
On a motion by Brosnan, seconded by Duggan, it was
#643-97 RESOLVED, that having considered an application from
Steven Beavis, 18646 Lathers, dated July 11, 1997, requesting
permission to close Lathers Street between Pickford and Clarita on
Saturday, August 16, 1997, from 5 00 p m to 10 00 p m for the purpose
of conducting a block party, the Council does hereby grant permission as
requested, including therein permission to conduct the said affair on
Saturday, September 6, 1997, in the event of inclement weather, the
action taken herein being made subject to the approval of the Police
Department.
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#644-97 RESOLVED, that having considered an application from
Gisele T Sidor, 36026 Dover, dated July 9, 1997, and a subsequent
communication from Ms Sidor, dated July 18, 1997, requesting
permission to close Dover Street between Linville and Crown on
Saturday, September 6, 1997, from 1000 a m. to 10 00 p m for the
purpose of conducting a block party, the Council does hereby grant
permission as requested, including therein permission to conduct the said
affair on Sunday, September 7, 1997, in the event of inclement weather,
the action taken herein being made subject to the approval of the Police
Department.
#645-97 RESOLVED, that having considered an application from
John Maley, 14284 Hubbard, dated July 10, 1997, requesting permission
to close Hubbard between Allen and Perth on Saturday, September 6,
1997, from 3 00 p m to 8 00 p m for the purpose of conducting a block
party, the Council does hereby grant permission as requested, including
therein permission to conduct the said affair on Sunday, September 7,
1997, in the event of inclement weather, the action taken herein being
made subject to the approval of the Police Department.
#646-97 RESOLVED, that having considered a letter from the
Michigan Municipal League, dated June 30, 1997, with regard to the
Annual Convention of the League to be held in Muskegon, Michigan, on
September 24 - 26, 1997, the Council does hereby designate Mayor Jack
E Kirksey as the Official Representative and Voting Delegate of the City
of Livonia at the Annual Meeting and does further designate Council
Members Michael P McGee and Fernon P Feenstra as the alternates,
and the City Clerk is hereby requested to do all things necessary or
incidental to the full performance of this resolution
A communication from the Office of the City Clerk, dated July 9, 1997, re
forwarding the Fiscal Year 1998 School Tax Rate from the Oakland Schools was
received and placed on file for the information of the Council
#647-97 RESOLVED, that having considered a communication from
the Mayor, dated July 8, 1997, recommending the installation of street
signs for the Merriman Road Service Drive and the proposed designation
of such drives as Merriman Service Drive North and Merriman Service
Drive South, the Council does hereby authorize the placement of such
signs as recommended in the aforementioned communication and does
hereby approve the proposed names of such drives as Merriman Service
Drive North and Merriman Service Drive South
#648-97 RESOLVED, that having considered a communication from
the Mayor, dated July 8, 1997, with respect to the proposed installation of
street signs at the Merriman Road Service Drive, the Council does hereby
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refer the subject of proposed notification of the designation of Merriman
Service Drive North and Merriman Service Drive South to Police and Fire
officials, the U S Postal Service and other affected entities to the
Department of Public Works - Engineering Division for its report and
recommendation
#649-97 RESOLVED, that having considered a communication from
the Superintendent of Parks and Recreation, dated July 10, 1997, which
bears the signature of the Director of Finance and is approved for
submission by the Mayor, and which transmits resolution 2393-97
adopted by the Parks and Recreation Commission on June 2, 1997, the
Council does hereby grant permission to Peace Evangelical Lutheran
Church, 9415 Merriman Road, Livonia, Michigan 48150, to sell food at its
softball tournament to be held on August 16, 1997, at Bicentennial Park,
subject to the following conditions
1 That Peace Evangelical Lutheran Church submit an itemized list of
concessions, vendors, porta-johns and other equipment needed for
approval by the Department of Parks and Recreation,
2 That Peace Evangelical Lutheran Church provide the City of
Livonia with an insurance policy naming the City of Livonia as
additional insured with liability coverage of one million dollars,
3 That Peace Evangelical Lutheran Church assume responsibility for
any related expenses, i e , porta johns, field permits, etc;
4 That concessions are to be operated by members of Peace
Evangelical Lutheran Church and no outside vendors are
permitted, and
5 That Peace Evangelical Lutheran Church contact the Wayne
County Health Department advising them that food will be served
at the tournament.
#650-97 RESOLVED, that having considered the report and
recommendation of the Assistant Planning Director, dated July 10, 1997,
approved for submission by the Mayor, and to which is attached a Hold
Harmless Contract between the City of Livonia and First Step for the
period August 1, 1997, through July 31, 1998, the Council does hereby
authorize the Mayor and City Clerk, for and on behalf of the City of
Livonia, to execute the proposed Hold Harmless Contract in the manner
and form herein submitted, as well as to do all other things necessary or
incidental to the full performance of this resolution
#651-97 RESOLVED, that having considered the report and
recommendation of the Assistant Planning Director, dated July 10, 1997,
approved for submission by the Mayor, and to which is attached a Hold
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Harmless Contract between the City of Livonia and Hegira Programs, Inc.
for the period August 1, 1997, through July 31, 1998, the Council does
hereby authorize the Mayor and City Clerk, for and on behalf of the City of
Livonia, to execute the proposed Hold Harmless Contract in the manner
and form herein submitted, as well as to do all other things necessary or
incidental to the full performance of this resolution.
#652-97 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 recommended
approval of an hourly wage increase for the classification of Seasonal
Clerk, effective July 23,1997, which rate increase is as follows
Current Wage Rate Proposed Wage Rate
$5 25 1st year $6 45
$5 75 2nd year $6 95
the Council does hereby concur in and approve of the aforesaid action.
#653-97 RESOLVED, that having considered a communication from
Fred C Lovejoy, Doyle Group Attorneys, P C , dated July 24, 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 July 22, 1997, by the City Planning Commission in its resolution
7-119-97 with regard to Petition 97-6-2-15 submitted by Rite Aid of
Michigan requesting waiver use approval to transfer SDD and SDM
licenses to an existing Rite Aid Drug Store located on the southwest
corner of Six Mile and Inkster Roads in the Northeast 1/4 of Section 13,
which property is zoned C-2, C-1 and P, the Council does hereby
designate Monday, September 15, 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.
#654-97 WHEREAS, the City Clerk has received an Application for
Industrial Facilities Exemption Certificate from Ideal Fabricators, Inc.,
dated June 5, 1997, covering new industrial facilities to be located within
City of Livonia Industrial Development District 67,
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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, September 15, 1997, at
7 00 p m at the Livonia City Hall, 33000 Civic Center Drive,
Livonia, Michigan
3 The Council hereby sets Monday, September 15, 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
#655-97 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,
September 29, 1997, at 7 00 p m at the City Hall, 33000 Civic Center
Drive, Livonia, Michigan, with respect to the following items
(1) Petition 97-6-1-8, submitted by the City Planning Commission,
pursuant to Council Resolution 419-97, for a change of zoning of
property located on the east side of Newburgh Road, south of Ann
Arbor Trail, in the Northwest 1/4 of Section 32, from RUF to R-1,
the City Planning Commission in its resolution 7-118-97 having
recommended to the City Council that Petition 97-6-1-8 be
approved, and
(2) Petition 97-6-1-7, submitted by Mary Omar for a change of zoning
of property located on the north side of Schoolcraft Road (1-96
Service Drive) between Newburgh Road and Richfield Avenue in
the Southeast 1/4 of Section 19, from RUF to OS, the City Planning
Commission in its resolution 7-117-97 having recommended to the
City Council that Petition 97-6-1-7 be denied,
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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
A roll call vote was taken on the foregoing resolutions with the following result:
AYES Feenstra, Brosnan, Vandersloot, McGee, Taylor, Duggan, and
Laura.
NAYS None
On a motion by Taylor, seconded by Brosnan, and unanimously adopted,
it was
#656-97 RESOLVED, that the Council does hereby direct that the
Department of Public Works - Engineering Division and the administration
take all steps necessary to complete all work required to restore damaged
properties in Sheffield Estates resulting from the Pines of Winfield
Subdivision project and to authorize a civil action against the developer,
Joseph P Durso, or his successor at the discretion of the Department of
Law, to recover any outstanding costs as the result of the completion of
such work.
Del Sisler, 35380 Sheffield, the President of the Sheffield Estates Homeowners
Association, thanked the Council for their support so far and stated he hoped their
problems would be resolved soon
On a motion by Brosnan, seconded by Vandersloot, and unanimously
adopted, it was
#657-97 RESOLVED, that the Council does hereby request that the
Department of Law and the Department of Public Works - Engineering
Division provide the Council with an update regarding the status of the
Pines of Winfield Subdivision project and the completion of work in
Sheffield Estates Subdivision at each subsequent Study Meeting of the
Council
30387
John Bros, 35368 Banbury, suggested that the parties involved (Joe Durso and
the contractor) attend meetings so first-hand information could be obtained
On a motion by McGee, seconded by Brosnan, and unanimously adopted,
it was
#658-97 RESOLVED, that having considered a request from
Councilmember Michael P McGee, the Council does hereby refer the
subject of ordinance procedures to ensure satisfactory completion of
subdivisions, including Pines of Winfield, and to review the appropriate
bond amounts to the administration and the Department of Law for their
respective reports and recommendations
On a motion by Duggan, seconded by Taylor, and unanimously adopted,
it was
#659-97 RESOLVED, that having considered a request from
Councilmember Taylor to rescind Council Resolution 602-92 approving
the preliminary plat, Council Resolution 625-94 approving the one-year
extension of the preliminary plat approval, and Council Resolution 565-96
granting an extension of the preliminary plat approval until January 22,
1997, for the Pines of Winfield Subdivision, to be located south of Seven
Mile Road and east of Wayne Road in the Northwest 1/4 of Section 9, the
Council does hereby refer this matter to the Streets, Roads and Plats
Committee for its report and recommendation
Communications from the Office of the Mayor, dated July 31, 1997, re
Notice of Contract Termination with THB Building & Development Co , Inc., with respect
to the Edgewood Sanitary Sewer Replacement Project (Contract 96-S) and the 1996
Water Main Crossing Replacement Program (Contract 96-N) were received and placed
on file for the information of the Council
The following individuals from the audience addressed the Edgewood Sanitary
Sewer Replacement Project issue at this time
1) Mark Farone, 15619 Ellen Drive - indicated he would like to see this project
completed within the next 30 days (this month marks its 6-month anniversary),
2) Fred Wheeler, 15643 Edgewood - stated the sewer and the street is in, all that
remains is the homeowners' private property Wants quality repair of the damage to
the homeowner;
30388
Mayor Kirksey also addressed this issue He apologized to the residents for the
problems incurred and for their inconvenience, and indicated that this is an
administrative problem and summarized for those present and for the viewing audience
all the steps that have been taken thus far to bring a resolution to this unfortunate
problem
A communication from the Engineering Division, dated August 4, 1997, re
current construction status of the Edgewood Sanitary Sewer Replacement Project was
received and placed on file for the information of the Council
3) Bruce Cunningham, 15929 Ellen - questioned the way bids are awarded by the
City (perhaps it is best not to go with the low bidder),
4) Norm Stevens, 35057 Roycroft - indicated he appreciated all the Mayor's efforts
with respect to this problem, and stated there is a large pile of dirt on the corner of
Edgewood and Ellen that is causing traffic problems, and
5) Mike Ferris, 15611 Edgewood - asked for clarification re the next step to be
taken He also remarked about the pile of dirt at Edgewood and Ellen and
noncompliance with the "Stop" sign at that intersection
On a motion by Brosnan, seconded by McGee, and unanimously adopted,
it was
#660-97 RESOLVED, that the Council does hereby refer to the
administration for the report and recommendation from the Department of
Public Works - Engineering Division regarding the progress of the
Edgewood Sanitary Sewer Replacement Project to be received at every
subsequent Study Meeting of the Council
Taylor gave first reading to the following Ordinance
AN ORDINANCE ADDING SUBSECTIONS 17 AND 18 OF
SECTION 2 02 AND ADDING SUBSECTION 10 OF SECTION
2 07 OF ARTICLE II AND ADDING SECTIONS 62, 63, 64 AND
65 OF SECTION 18 OF ARTICLE XVIII OF ORDINANCE NO 543,
AS AMENDED, KNOWN AND CITED AS "THE CITY OF LIVONIA
ZONING ORDINANCE" (Petition 96-12-6-9)
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
Taylor invoked the Emergency Clause and gave second reading to the
foregoing Ordinance and a roll call vote was taken thereon with the following result:
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AYES Feenstra, Brosnan, Vandersloot, McGee, Taylor, Duggan, and
Laura
NAYS None
The President declared the foregoing Ordinance duly adopted, and would become
effective on publication
Duggan gave first reading to the following Ordinance
AN ORDINANCE AMENDING SECTION 12 OF THE ZONING MAP
OF THE CITY OF LIVONIA AND AMENDING ARTICLE III OF
ORDINANCE NO 543, AS AMENDED, KNOWN AND CITED AS
"THE CITY OF LIVONIA ZONING ORDINANCE" BY ADDING
SECTION 3 THERETO (Petition 97-4-1-4)
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
Taylor 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 97-4-1-5)
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
A communication from the Planning Department, dated August 5, 1997,
re updated information on the current office market as it relates to the City of Livonia
was received and placed on file for the information of the Council
Zora Johnson, 400 Renaissance Center, Detroit, representing the Tandy
Corporation - spoke in opposition to the proposed rezoning by the Planning
Commission of property located north of Seven Mile Road between Victor Parkway and
the 1-275 Expressway in the Southeast 1/4 of Section 6 (Petition 97-4-1-5), and asked
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the Council to table this matter until the master plan for the use of this area under its
current zoning was presented to them by the Tandy Corporation for their consideration
Additionally, Bob Gutkowski, General Manager of Embassy Suites Hotel, 19525
Victor Parkway - spoke in favor of this proposed rezoning (Petition 97-4-1-5)
Feenstra took from the table, for second reading and adoption, the
following Ordinance
AN ORDINANCE AMENDING SECTION 075 OF CHAPTER 36
(OPERATING VEHICLE WHILE UNDER INFLUENCE OF LIQUOR
AND/OR CONTROLLED SUBSTANCE) OF TITLE 10 OF THE
LIVONIA CODE OF ORDINANCES, AS AMENDED
A roll call vote was taken on the foregoing Ordinance with the following result:
AYES Feenstra, Brosnan, Vandersloot, McGee, Taylor, Duggan, 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 060 OF CHAPTER 16
(PLYMOUTH ROAD DEVELOPMENT AUTHORITY) OF TITLE 3
OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED
A roll call vote was taken on the foregoing Ordinance with the following result:
AYES Feenstra, Brosnan, Vandersloot, McGee, Taylor, Duggan, and
Laura
NAYS None
The President declared the foregoing Ordinance duly adopted, and would become
effective on publication
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Taylor took from the table, for second reading and adoption, the following
Ordinance
AN ORDINANCE AMENDING SECTION 18 58 OF ARTICLE XVIII
OF ORDINANCE NO 543, AS AMENDED, KNOWN AND CITED
AS "THE CITY OF LIVONIA ZONING ORDINANCE"
(Petition 97-2-6-1)
r
A roll call vote was taken on the foregoing Ordinance with the following result.
AYES Feenstra, Brosnan, Vandersloot, McGee, Taylor, Duggan, and
Laura
NAYS None
The President declared the foregoing Ordinance duly adopted, and would become
effective on publication
On a motion by Brosnan, seconded by McGee, it was
#661-97 RESOLVED, that having considered the report and
recommendation of the Livonia Cable Television Commission, dated July
11, 1997, approved by the Director of Community Resources and
approved for submission by the Mayor, submitted pursuant to Council
Resolution 404-97, and which transmits resolution 255-97 adopted by the
Livonia Cable Television Commission which recommends authorizing
negotiations between the City of Livonia and Ameritech New Media for the
purpose of securing a cable television franchise with Ameritech New
Media, the Council does hereby refer the subject of entering into
negotiations for the possibility of additional cable television franchises
with Ameritech New Media and other cable companies 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 Brosnan, Vandersloot, McGee, Taylor, Duggan, and Laura
NAYS Feenstra
The President declared the resolution adopted
Tom Bjorklund, Vice President and Regional Manager of Time Warner, Inc.,
responded to a question re the sale of some of their franchises, and stated that only
their Wayne and Dearborn offices are for sale
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On a motion by Taylor, seconded by Feenstra, it was
#662-97 RESOLVED, that having considered a communication from
the City Planning Commission, dated July 16, 1997, which transmits its
resolution 7-116-97 adopted on July 15, 1997, with regard to Petition 96-
6-8-9 submitted by Lindhout Associates, requesting approval to revise all
plans that were approved in connection with the construction of an office
building on property located at 15130 Levan Road in the Northeast 1/4 of
Section 20, the Council does hereby concur in the recommendation of the
Planning Commission and the revisions to Petition 96-6-8-9 are hereby
approved and granted, subject to the following conditions
1 That the Site Plan marked C-1, dated May 20, 1997, prepared by
Lindhout Associates is hereby approved and shall be adhered to,
2 That the Landscape Plan marked L1, dated May 20, 1997,
prepared by Lindhout 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 A8, dated June
16, 1997, as revised, prepared by Lindhout Associates is hereby
approved and shall be adhered to and the roof shall be metal for
the sloped roof areas,
6 That the trash dumpster areas shall be relocated to the north/south
property line and are to be enclosed on three sides with the same
brick used in the construction of the principal building, and the
wooden enclosure gates shall open toward the petitioner's
property, and when not in use, shall be maintained and closed at
all times,
7 That all light standards shall be shielded from the adjacent
properties and shall not exceed 20 feet in height;
8 That all lights in the north, east and south parking lots shall be
extinguished at 9.30 p m or one-half hour after the closing,
whichever comes first, and all lights in the west parking lot shall be
extinguished at the owner's discretion,
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9 That the trash shall be picked up between the hours of 9 00 a m
and 500pm ,
10 That the protective walls along the entire east and south property
lines and 60 feet along the north property line at the east end shall
be constructed out of brick to match the building, and there shall be
no plant material required on the east and south property lines
subject, however, to approval of a new landscape plan by the
Planning Department which shall be compatible with the brick wall,
and
11 That this approval shall supersede the approval as set forth in
Planning Commission Resolution #7-142-96 and Council
Resolution 836-96
The following individuals from the audience addressed this matter
1) Edith Biegas, 15043 Woodside - her most important concern was to have the 6'
protective wall in place,
2) Robert Biegas, 15043 Woodside - indicated his support of the proposed
resolution,
3) Marilyn Marcrum, 15001 Woodside - in support of the 6' protective wall and the
issue of the parking lights, and
4) Frank Pierron, President of Lindhout Associates - addressed the issue of
plantings in the greenbelt area.
The President relinquished the Chair to the Vice President at 1004 p m so he could
speak to this issue
The President resumed the Chair at 1005 p m
A roll call vote was then taken on the foregoing resolution with the following result:
AYES Feenstra, Brosnan, Vandersloot, McGee, Taylor, Duggan, and
Laura
NAYS None
The President declared the resolution adopted
On a motion by Feenstra, seconded by Duggan, it was
#663-97 RESOLVED, that having considered the report and
recommendation of the Department of Law, dated July 21, 1997, which is
approved for submission by the Mayor, the Council does hereby authorize
the Department of Law to stipulate to the entry of the attached Consent
Judgment in Wayne County Circuit Court Case No 97-704696NZ with
respect to certain property located on the north side of Seven Mile Road
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east of Victor Parkway; and the Department of Law is hereby authorized
to do all things necessary or incidental to the full performance of this
resolution
A roll call vote was taken on the foregoing resolution with the following result.
AYES Feenstra, Vandersloot, McGee, Taylor, Duggan, and Laura
NAYS Brosnan
The President declared the resolution adopted
Paul St. Henry, 37500 Seven Mile Road - asked for clarification on the foregoing
matter with respect to the proposed use for the east portion of the property
On a motion by Feenstra, seconded by Taylor, and unanimously adopted,
it was
#664-97 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 32 43,534 34
STEP 3 1,740 80 45,260 80
STEP 4 1,806 40 46,966 40
STEP 5 1,878 40 48,838 40
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.
On a motion by Taylor, seconded by Duggan, and unanimously adopted,
it was
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#665-97 WHEREAS, the City Clerk has received an Application for
Industrial Facilities Exemption Certificate from Crucam, Inc./Kev, Inc.,
dated May 28, 1997, covering new industrial facilities to be located at
38099 Schoolcraft within City of Livonia Industrial Development District
No 55, 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 Crucam, Inc./Kev, 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, July 23, 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, Crucam, Inc./Kev, 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 Crucam, Inc./Kev, Inc.
covering new industrial facilities to be located within the City of
Livonia Industrial Development District No 55 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
30396
On a motion by Feenstra, seconded by Brosnan, and unanimously
adopted, it was
#666-97 WHEREAS, the City Clerk has received an Application for
Industrial Facilities Exemption Certificate from Crucam, Inc./Kev, Inc.,
dated May 28, 1997, covering new industrial facilities to be located at
11844 Hubbard Road within City of Livonia Industrial Development
District No 66, 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 Crucam, Inc./Kev, 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, July 23, 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, Crucam, Inc./Kev, 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 Crucam, Inc./Kev, Inc.
covering new industrial facilities to be located within the City of
Livonia Industrial Development District No 66 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
30397
required to process applications for industrial facility exemption
certificates
On a motion by Feenstra, seconded by Brosnan, and unanimously
adopted, it was
#667-97 WHEREAS, the City Clerk has received an Application for
Industrial Facilities Exemption Certificate from Progress Pattern, dated
May 28, 1997, covering new industrial facilities to be located within City of
Livonia Industrial Development District No 65, 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 Progress Pattern, 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, July 23, 1997, at the
Livonia City Hall, 33000 Civic Center Drive, Livonia, Michigan
ic
errâ–º 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, Progress Pattern, 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 Progress Pattern covering
new industrial facilities to be located within the City of Livonia
Industrial Development District No 65 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
30398
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, and unanimously
adopted, it was
#668-97 RESOLVED, that having considered a letter from the City
Assessor, dated July 24, 1997, wherein it is requested that Council
Resolution 617-97 be amended to reflect the combination and lot split of
Parcel Numbers 46 045 03 0043 001 and 46 045 03 0045 000 into three
(3) parcels, the Council does hereby amend and revise Council
Resolution 617-97 so as to have the same read as follows
RESOLVED, that having considered the report and
recommendation of the Streets, Roads and Plats Committee, dated
July 16, 1997, submitted pursuant to Council Resolution 410-97,
and a communication from the City Assessor, dated April 10, 1997,
approved for submission by the Mayor, with regard to a request
from Mr Brian Peters, 30439 Ledgecliff, Westland, MI 48185, and
in accordance with the provisions of 1967 PA 288, as amended, as
well as Section 18 46 of Ordinance 543, as amended, the Council
does hereby approve of the proposed division and combination of
Tax Item Nos 46 045 03 0043 001 and 46 045 03 0045 000 into
three (3) parcels, the legal descriptions of which shall read as
follows
PARCEL 1.
Lot 45 and the North half of Lot 44 Dohany Subdivision, T 1
S , R. 9 E , L64, P95, WCR.
PARCEL 2.
Lot 43 and the South half of Lot 44 Dohany Subdivision, T 1
S , R. 9 E , L64, P95, WCR.
PARCEL 3.
Lot 82 Dohany Subdivision, T 1 S , R. 9 E , L64, P95, WCR.
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
30399
On a motion by Taylor, seconded by Brosnan, and unanimously adopted,
it was
#669-97 RESOLVED, that having considered an application from
Connie Myler, 16899 Westbrook, dated July 15, 1997, requesting
permission to close Westbrook between Whitcomb and Mallory Court on
Saturday, August 23, 1997, from 1 00 p m to 6 00 p m for the purpose of
conducting a block party, the Council does hereby grant permission as
requested, including therein permission to conduct the said affair on
Sunday, September 6, 1997, in the event of inclement weather, the action
taken herein being made subject to the approval of the Police
Department.
On a motion by Duggan, seconded by Vandersloot, and unanimously
adopted, it was
#670-97 RESOLVED, that having considered an application from
Stacy Anderson, Laura Rozek and Julie Sager, 16156 Swathmore, dated
July 30, 1997, requesting permission to close Swathmore Court North at
Swathmore on Saturday, August 23, 1997, from 2 00 p m to 1000 p m
for the purpose of conducting a block party, the Council does hereby
grant permission as requested, the action taken herein being made
subject to the approval of the Police Department.
On a motion by Feenstra, seconded by Duggan, and unanimously
adopted, it was
#671-97 RESOLVED, that having considered a communication from
Council President Joe Laura, dated August 1, 1997, to which is attached
a contract between the City of Livonia and MAT Court Recording & Court
Services, the Council does hereby approve the six-month contract in the
manner and form herein submitted between the City of Livonia and MAT
Court Recording & Court Services, 6225 Ardmore Park Circle, Dearborn
Heights, Michigan 48127, to provide recording and transcription services
for the City of Livonia Zoning Board of Appeals meetings for a six-month
period commencing August 5, 1997, at the rate of $15 00 per hour for
recording the Zoning Board of Appeals meetings and $1 75 per page for
the transcription of the meeting minutes, FURTHER, the Council does
hereby determine to authorize a budget amendment transferring the sum
of $8,000 00 from Account No 101-815-702-000 (Salaries and Wages)
to Account No 101-815-818-000 (Contractual Services) for this purpose,
FURTHER, the Council does hereby authorize the action herein without
competitive bidding in accordance with Section 3 04 140D4 of the
Livonia Code of Ordinances, as amended
30400
On a motion by Brosnan, seconded by Duggan, and unanimously
adopted, it was
#672-97 RESOLVED, that having considered a communication from
the Chief of Police, dated July 21, 1997, which bears the signature of the
Director of Finance and is approved for submission by the Mayor, the
Council does, for and on behalf of the City of Livonia, accept cash
donations in the amount of $41,191 52 from the contributors set forth in
the attachment, the same to be deposited in and credited to Account
#702-000-285-211 for use in the D.A.R.E Program
On a motion by Taylor, seconded by Duggan, and unanimously adopted,
it was.
#673-97 RESOLVED, that the Council does hereby suspend their
rules for procedure as outlined in Council Resolution 574-82 so as to
permit consideration of items that do not appear on the agenda
On a motion by Taylor, seconded by McGee, and unanimously adopted, it
was.
#674-97 RESOLVED, that having considered the report and
recommendation of the Director of Public Works - Engineering Division,
dated July 30, 1997, approved for submission by the Mayor, the Council
does hereby amend item no 7 of Council Resolution 784-96, adopted on
August 26, 1996, and subsequently amended by Council Resolution 286-
97, adopted on April 16, 1997, so as to reduce the financial assurances
now on deposit with the City for general improvements in Camborne Stark
School Subdivision located in the Northwest 1/4 of Section 33 to
$16,340 00, of which at least $5,000 00 shall be in cash, to cover the cost
of remaining general improvements in said subdivision, and the financial
assurances (including the Sidewalk Improvement Bond) 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
No one wished to speak during the audience communication portion of
the meeting
30401
Council Vice President Brosnan conveyed a "Happy Birthday" wish to her
sister, Debbie, and also congratulated her sister, Donna, on her recent marriage to
Livonia resident Patrick McGow
Councilmember Taylor announced the availability of tickets for the August
20, 1997, "Hearts of Livonia" Golf Outing, and indicated "Hearts" was celebrating its
20th anniversary this year
On a motion by Duggan, seconded by Brosnan, and unanimously
adopted, this 1,350th Regular Meeting of the Council of the City of Livonia was
adjourned at 1039 pm , August 11, 1997
:1A I
,
Joan M. o tzr, City C erk 47;