HomeMy WebLinkAboutCOUNCIL MINUTES 1997-05-14 30182
MINUTES OF THE ONE THOUSAND THREE HUNDRED AND FORTY-FOURTH
REGULAR MEETING OF THE COUNCIL OF THE CITY OF LIVONIA
On May 14, 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 01 p m Councilmember Feenstra delivered the invocation.
Roll was called with the following result. Fernon P Feenstra, Maureen
Miller Brosnan, Val Vandersloot, Gerald Taylor, Brian Duggan, and Joe Laura. Absent:
Michael P McGee (out of town on business)
Elected and appointed officials present. Jack E. Kirksey, Mayor; John
Nagy, 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, Michael T Slater, Director of Finance, Ronald Reinke, Superintendent of Parks
and Recreation, James Inglis, Director of Housing; Linda McCann, Director of
Community Resources, Mary E. Rutan, Assistant Personnel Director; Jeanne Treff,
Cable Television Director; Michael Deller, City Librarian, Dan Piercecchi, Planning
Commission, Jack Engebretson, Traffic Commission, Yvonne Lillibridge, President of
Local 192; and Joe Sellinger, President of Local 1917
On a motion by Feenstra, seconded by Brosnan, and unanimously
adopted, it was.
#358-97 RESOLVED, that the minutes of the 1,343rd Regular
Meeting of the Council of the City of Livonia, held April 30, 1997, are
hereby approved as submitted
The following individuals spoke during audience communication
1) Lori Campbell, 35547 Minton Court - indicated she had a change to her request
for a block party (Item #3 on the Agenda),
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2) Del Sisler, 35380 Banbury, President of Sheffield Estates Civic Association -
L. voiced various complaints regarding the lack of progress of the Pines of Winfield
Subdivision and the condition of that area in general,
On a motion by Brosnan, seconded by Taylor, and unanimously adopted,
it was
#359-97 RESOLVED, that the Council does hereby refer to the
Department of Public Works and the Department of Law, through the
Mayor, for their respective reports and recommendations the subject of
bonding company liability and construction deadlines for the Pines of
Winfield Subdivision
3) John Bros, 35368 Banbury - his property backs up to the Pines of Winfield
Subdivision He stated that work was done on the easement, which had spread
onto his property and had not been completed He asked that this work be
started by Friday so his backyard will look presentable
On a motion by Taylor, seconded by Duggan, and unanimously adopted,
it was
#360-97 RESOLVED, that the Council does hereby refer to the
Department of Law, through the Mayor, the matter of beginning court
proceedings regarding the developer of the Pines of Winfield Subdivision
4) Richard Schmidt, 35320 Banbury Court - stated this is the third year of
construction of the Pines of Winfield Subdivision with not one home, basement,
etc. Minimal cosmetic efforts have been made
Councilmember Taylor congratulated Kay Wood, the Chairperson of the Human
Relations Commission, on efforts made to alert non-handicapped persons from parking
in handicapped spots by putting a notice on their windshield He also conveyed
"Happy Birthday" wishes to Council Vice President Brosnan
Councilmember Vandersloot echoed "Happy Birthday" wishes to her husband,
Don
A communication from the Department of Finance, dated April 21, 1997,
re forwarding various financial statements of the City of Livonia for the month ending
March 31, 1997, was received and placed on file for the information of the Council
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On a motion by Feenstra, seconded by Brosnan, and unanimously
adopted, it was
#361-97 WHEREAS, older established communities are increasingly
facing the problem of how to properly maintain the existing stock of non-
owner occupied residences,
WHEREAS, the failure to maintain rental housing stock can result in
declining property values, blight and increased crime,
WHEREAS, the City of Livonia is in the process of amending its existing
Code of Ordinances to require the licensure and inspection of all non-
owner occupied residences,
WHEREAS, the passage of Senate Bill 487 would severely hamper the
ability of local communities to regulate the condition of its rental housing
stock;
NOW, THEREFORE, BE IT RESOLVED, that the Mayor and City Council
of the City of Livonia hereby urge our elected representatives to strongly
oppose the passage of Senate Bill 487
BE IT FURTHER RESOLVED, that copies of this resolution be sent to
Governor John Engler, State Senator R. Robert Geake, State
Representative Lyn R. Bankes, State Representative Gerald Law, the
Michigan Municipal League State and Federal Affairs Division, the
Conference of Western Wayne and the Plymouth Road Development
Authority
At the direction of the Chair, Items #3 and #17 were removed from the
Consent portion of the Agenda.
On a motion by Duggan, seconded by Taylor, it was
#362-97 RESOLVED, that having considered a request from
Councilmember Fernon P Feenstra concerning the reinstallation of
sidewalks and reseeding of the grass in the areas surrounding the
Merriman Road Grade Separation Project, the Council does hereby refer
this matter to the Department of Public Works - Engineering Division for
its report and recommendation
#363-97 RESOLVED, that having considered an application from
Janet Barber, 18997 Gillman, dated April 24, 1997, requesting permission
to close Gillman between Seven Mile and Clarita on Saturday, July 12,
1997, from 12 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 Sunday, July 13, 1997, in
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the event of inclement weather, the action taken herein being made
subject to the approval of the Police Department.
#364-97 RESOLVED, that having considered a letter from Donald S
Brown, Seminar Chairman, Michigan Geology and Gemcraft Society,
received in the Office of the City Clerk on April 28, 1997, the Council does
hereby take this means to indicate that the Michigan Geology and
Gemcraft Society is recognized as a non-profit organization operating
within the community, the action herein being taken for the purpose of
affording the Michigan Geology and Gemcraft Society an opportunity to
obtain a gaming license or registration from the State of Michigan
A communication from Carol Gibson, General Manager of Time Warner
Cable, dated April 15, 1997, re submitting the Thirteenth Annual Report of Time
Warner Cable of Livonia was received and placed on file for the information of the
Council
#365-97 RESOLVED, that having considered a communication from
Carol Gibson, General Manager of Time Warner Cable, dated April 15,
1997, transmitting the Thirteenth Annual Report of Time Warner Cable of
Livonia, the Council does hereby refer this matter to the Capital
Improvement Committee for its report and recommendation
#366-97 RESOLVED, that having considered a communication from
the City Assessor, dated April 16, 1997, approved for submission by the
Mayor, with regard to a request from Angeline Divozzo, 29065 Bretton,
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 No 46-003-01-0443-001 into two (2) parcels, the legal
descriptions of which shall read as follows
PARCEL A.
The West 75 00 feet of Lot 443 of "Supervisor's Livonia Plat No 7" of the
West 1/2 of the Southwest 1/4 of Section 1, T 1 S , R. 9 E , Livonia
Township (now City of Livonia), Wayne County, Michigan, as recorded in
Liber 66 of plats on Page 58 Containing 0 516 acres
PARCEL B.
The East part of the West 1/2 of Lot 443 measuring 74 77 feet on the
North line and 74 69 feet on the South line of "Supervisor's Livonia Plat
No 7" of the West 1/2 of the Southwest 1/4 of Section 1, T 1 S , R. 9 E ,
Livonia Township (now City of Livonia), Wayne County, Michigan, as
recorded in Liber 66 of plats on Page 58 Containing 0 514 acres
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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
#367-97 RESOLVED, that having considered a letter from the
Michigan Liquor Control Commission, dated December 26, 1996, and the
report and recommendation of the Chief of Police, dated April 4, 1997, in
connection therewith, approved for submission by the Mayor, the Council
does hereby determine that it has no objection to and does recommend
approval of the request from Residence Inn by Marriott, Inc. for a new 12-
Months Resort B-Hotel license issued under MCL 436 91c(4) and a new
SDM license with Outdoor Service Permit to be located at 38950 Six Mile
Road, Livonia, Michigan 48152, Wayne County; and the City Clerk is
hereby requested to forward a certified copy of this resolution to the
Michigan Liquor Control Commission
#368-97 RESOLVED, that having considered a communication from
the Chief of Police, dated April 17, 1997, which bears the signature of the
Director of Finance and is approved for submission by the Mayor, to
which is attached a list of used radio equipment, the Council does hereby
determine that such property is considered surplus property and does
hereby authorize the sale of the equipment described in the
aforementioned attachment by competitive bid pursuant to the procedures
set forth in Section 3 05 060 of the Livonia Code of Ordinances, as
amended, such sale being limited to F C C licensed repair vendors,
F C C licensed radio dealers or governmental agencies, FURTHER, the
proceeds of the sale of such equipment shall be allocated to Account No
101-000-680-000 (Sale of Fixed Assets)
#369-97 RESOLVED, that having considered the report and
recommendation of the Executive Director of the Housing Commission,
dated April 18, 1997, which bears the signature of the Director of Finance
and is approved for submission by the Mayor, the Council does hereby
accept the bid of American Design Group, 4489 Pleasantview, Rockford,
Michigan 48341, for supplying the Housing Commission with 108
bathroom vanity cabinets, sinks and countertops, as well as cabinets and
countertops for the Community Building kitchen, at the Silver Village
Housing Facility for the total price of $21,851 28, the same having been in
fact the lowest bid received which meets all specifications, and the bid of
Triangle Pacific is hereby rejected for the reasons indicated in the
aforesaid communication
#370-97 RESOLVED, that having considered the report and
recommendation of the Executive Director of the Housing Commission,
dated April 18, 1997, which bears the signature of the Director of
Finance and is approved for submission by the Mayor, the Council does
hereby accept the bid of Suburban Heating-Cooling, 33539 Plymouth
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Road, Livonia, Michigan 48150, for completing all work required with
respect to the replacement of 106 heating furnaces and thermostats at
the Silver Village Housing Facility for the total price of $82,680 00, the
same having been in fact the lowest bid received and meets all
specifications, FURTHER, the Council does hereby authorize the
expenditure of funds already budgeted for this purpose in the amount of
$24,000 00 from Account Number 235-800-818-654 (CDBG) and
$11,300 00 from Account No 296-831-987-000 (Silver Village Capital
Outlay/Other Equipment), and does FURTHER authorize an additional
appropriation in the amount of$47,380 00 from the Silver Village
Unexpended Fund Balance for this purpose, and the Executive Director
of the Housing Commission 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
A communication from the Livonia Housing Commission, dated April 18,
1997, re the 1996 Annual Federal Financial Statements for programs authorized by
the U S Department of Housing and Urban Development was received and placed on
file for the information of the Council
#371-97 RESOLVED, that having considered the report and
recommendation of the Director of Finance, dated April 16, 1997,
approved for submission by the Mayor, submitted pursuant to Council
Resolution 92-97, and which submits competitive bids received in
connection with the sale of City-owned property located at 12200
Merriman Road, the Council does hereby accept the bid and authorize the
sale of the aforesaid City-owned property to Peter A. Basile Sons, Inc.,
13000 Newburgh Road, Livonia, Michigan 48150, for a total purchase
price of $78,000 00, which sale is conditioned upon the purchaser
providing such title work as may be required for this transaction,
FURTHER, the purchaser agrees to assume all costs and liability
associated with environmental contamination, if any, and the purchaser
agrees to remove all junk and debris from the property within ninety (90)
days from the date of closing this transaction, the action herein being
taken in order to best serve the interests of the community; and the Mayor
and City Clerk are hereby authorized, for and on behalf of the City of
Livonia, to execute a quit claim deed and such other documents as may
be necessary or incidental to fulfill the purpose of this resolution, and the
Department of Law is hereby requested to prepare and place in proper
form such legal documents as may be necessary to consummate this
transaction
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#372-97 RESOLVED, that having considered a communication from
the Department of Law, dated April 14, 1997, which bears the signature of
the Director of Finance, is approved by the Housing Director and is
imp approved for submission by the Mayor, with respect to the acquisition of
property located at 11981 Newburgh Road, owned by Lawrence and
Joann Desjarlais, for the Newburgh Village Expansion Program, the
Council does hereby refer this matter to the Committee of the Whole for
its report and recommendation
#373-97 RESOLVED, that having considered the report and
recommendation of the Director of Public Works, dated April 24, 1997,
which bears the signature of the Director of Finance and is approved for
submission by the Mayor, the Council does hereby accept the bid of
Michigan CAT, 24800 Novi Road, Novi, Michigan 48375, for supplying the
Public Service Division (Road Maintenance Section) with one (1) trailer-
mounted tree stump cutting machine for a net price of$25,446 20, based
on a total price of$26,446 20 less trade-in of $1,000 00, the same having
been in fact the lowest bid received which meets all specifications; and
the bid of Vermeer Sales & Service, Inc. is hereby rejected for the
reasons indicated in the aforesaid communication
#374-97 RESOLVED, that having considered the report and
recommendation of the Director of Public Works - Engineering Division,
dated April 18, 1997, which bears the signature of the Director of
Finance, is approved by the Superintendent of Parks and Recreation and
is approved for submission by the Mayor, the Council does hereby
accept the unit price bid of Keway Construction Co , Inc., 11185 Center
Road, P 0 Box 545, Fenton, Michigan 48430, for completing all work
required in connection with the Whispering Willows Golf Course Cart
Path and Parking Lot Paving (Contract 97-B) for the estimated total cost
of$293,844.20 based upon the Engineering Division's estimate of units
involved, and subject to a final payment based upon the actual units
completed in accordance with the unit prices accepted herein, said
estimated cost and unit prices having been in fact the lowest bid received
for this item, FURTHER, the Council does hereby authorize a budget
adjustment transferring $138,844 20 from Account No 101-463-974-000
(Street Maintenance - Capital Outlay) to Account No 101-681-974-000
(Whispering Willows - Land Improvement) and does hereby authorize an
expenditure of$155,000 00 from amounts already budgeted in Account
No 409-000-974-101 (Golf Course Capital Improvement Fund), of which
$5,000 00 is to be reimbursed by Nextel in accordance with the cellular
tower lease, FURTHER, the Council does hereby authorize an
expenditure of $138,844 20 from Account No 101-681-974-000
(Whispering Willows - Land Improvement) for this purpose, and the
Director of Public Works - Engineering Division is hereby authorized to
approve minor adjustments in the work as it becomes necessary; and the
Mayor and City Clerk are hereby authorized to execute a contract for and
on behalf of the City of Livonia with the aforesaid bidder and to do all
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other things necessary or incidental to the full performance of this
resolution
#375-97 RESOLVED, that having considered a communication from
the City Planning Commission, dated April 25, 1997, which transmits its
resolution 4-50-97, adopted on April 15, 1997, with regard to Petition 97-
3-2-6, submitted by Yvonne Khazouz, requesting waiver use approval to
expand the seating for a limited service restaurant in an existing building
located on the east side of Farmington Road between Plymouth Road and
Van Court in the Northwest 1/4 of Section 34, which property is zoned C-
2, the Council does hereby concur in the recommendation made by the
City Planning Commission and Petition 97-3-2-6 is hereby approved and
granted, subject to the following conditions
1 That the number of customer seats shall be limited to no more than
70 seats, and
2 That the site deficiencies which are outlined in a letter dated June
24, 1996, from the Inspection Department shall be taken care of
prior to the issuance of a Certificate of Occupancy
#376-97 RESOLVED, that having considered a communication from
the City Planning Commission, dated April 25, 1997, which sets forth its
resolution 4-58-97, adopted on April 15, 1997, with regard to a request
from Debra J Kruz, Harley Ellington Design, dated February 25, 1997, for
a one-year extension of the approval of Petition 96-3-8-4 by Harley
Ellington Design, on behalf of Botsford General Hospital, in connection
with the approval of all plans for a proposal to construct an Oncology
Center on property located at 28425 Eight Mile Road in the Northwest 1/4
of Section 1, previously granted in Council Resolution 407-96, adopted on
April 24, 1996, the Council does hereby concur in the recommendation of
the Planning Commission and does hereby grant the requested extension
for a one-year period, subject to compliance with all of the conditions set
forth in the original site plan approval
#377-97 RESOLVED, that having considered a communication from
the City Planning Commission, dated April 25, 1997, which transmits its
resolution 4-57-97 adopted on April 15, 1997, with regard to Petition 97-3-
8-7 submitted by Merritt McCallum Cieslak, PC, on behalf of St. Timothy
Presbyterian Church, requesting site plan approval in connection with a
proposal to construct an addition to the church located at 16700
Newburgh Road in the Northwest 1/4 of Section 17, pursuant to the
provisions set forth in Section 18 58 of Ordinance No 543, as amended,
the Council does hereby concur in the recommendation of the Planning
Commission and Petition 97-3-8-7 is hereby approved and granted,
�"" subject to the following conditions
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1 That the Site Plan marked Sheet SP-1 dated March 17, 1997,
prepared by Merritt McCallum Cieslak, PC, is hereby approved and
shall be adhered to,
Eirso
2 That the two pages of Exterior Building Elevation Plans marked
Concept D dated February 27, 1997, prepared by Merritt McCallum
Cieslak, PC, is hereby approved and shall be adhered to,
3 That the building materials of the new addition shall match the
building materials of the existing church so that, upon completion,
the entire structure shall be homogenous in appearance,
4 That the three walls of the trash dumpster area shall be
constructed out of the same brick used in construction of the
addition, and the wooden enclosure gates shall be maintained, and
when not in use closed at all times, and
5 That the petitioner shall meet to the satisfaction of the Inspection
Department the following requirement outlined in the
correspondence from the Sr Building Inspector dated April 1,
1997 That the trim and overhang on the existing building shall be
repainted
#378-97 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,
June 30, 1997, at 7 00 p m at the City Hall, 33000 Civic Center Drive,
Livonia, Michigan, with respect to the following item
Petition 97-2-6-1, submitted by the City Planning Commission,
pursuant to Council Resolution 1056-96, to determine whether or
not to amend Section 18 58 of the Zoning Ordinance so as to
provide for site plan approval in manufacturing zones which abut
residential property, the City Planning Commission in its resolution
4-54-97 having recommended to the City Council that Petition 97-
2-6-1 be approved,
FURTHER, the City Clerk is hereby requested to, no less than fifteen (15)
days prior to the aforesaid date of said public hearing, cause to have a
statement indicating the (a) nature of the proposed amendment to the
Zoning Ordinance, and/or (b) location of the proposed change of zoning
as set forth above, first to be published in the official newspaper of the
City or a newspaper of general circulation in the City of Livonia as well as
to, not less than fifteen (15) days prior to said public hearing, cause to
have notice to be given by certified mail to each public utility company
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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
#379-97 WHEREAS, the City of Livonia has received a request from
Progress Pattern, dated May 2, 1997, proposing the establishment of an
industrial development district, and
WHEREAS, pursuant to Act 198 (255) of the Public Acts of 1974 (1978),
as amended, this Council has authority to establish "industrial
development districts" within the boundaries of the City of Livonia, and
WHEREAS, there is located within the boundaries of the City of Livonia
an area of approximately 2 58 acres lying in the North 1/2 of Section 27
as more particularly described in the attachment to the application which
is hereby incorporated by reference and which is hereinafter referred to
as "Proposed City of Livonia Industrial Development District No 65";
NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF LIVONIA, as
follows
1 The City Clerk is directed to give written notice by certified mail of
this action to all owners of real property within the boundaries of
Proposed City of Livonia Industrial Development District No 65
2 This City Council sets Monday, June 16, 1997, at 7 00 p m as the
date for the holding of a public hearing on the question of whether
this City Council should establish the Industrial Development
District described above
3 This City Council directs the City Clerk to provide notice, as
required by law, of the public hearing fixed above, so that all
residents or taxpayers of the City of Livonia shall be afforded an
opportunity to be heard on the question of establishing the
Industrial Development District described above
#380-97 WHEREAS, the City of Livonia has received a request from
Crucam, Inc./KEV, Inc., dated April 21, 1997, proposing the establishment
of an industrial development district; and
WHEREAS, pursuant to Act 198 (255) of the Public Acts of 1974 (1978),
as amended, this Council has authority to establish "industrial
development districts" within the boundaries of the City of Livonia, and
WHEREAS, there is located within the boundaries of the City of Livonia
an area of approximately 2 52 acres lying in the Southeast 1/4 of Section
27 as more particularly described in the attachment to the application
which is hereby incorporated by reference and which is hereinafter
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referred to as "Proposed City of Livonia Industrial Development District
No 66";
NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF LIVONIA, as
follows
1 The City Clerk is directed to give written notice by certified mail of
this action to all owners of real property within the boundaries of
Proposed City of Livonia Industrial Development District No 66
2 This City Council sets Monday, June 16, 1997, at 7 00 p m as the
date for the holding of a public hearing on the question of whether
this City Council should establish the Industrial Development
District described above
3 This City Council directs the City Clerk to provide notice, as
required by law, of the public hearing fixed above, so that all
residents or taxpayers of the City of Livonia shall be afforded an
opportunity to be heard on the question of establishing the
Industrial Development District described above
A roll call vote was taken on the foregoing resolutions with the following result:
AYES Feenstra, Brosnan, Vandersloot, Taylor, Duggan, and Laura.
NAYS None
On a motion by Duggan, seconded by Brosnan, and unanimously
adopted, it was
#381-97 RESOLVED, that having considered an application from Lori
Campbell, 35547 Minton Court, dated April 28, 1997, requesting
permission to close Minton between West Chicago and Minton Court on
Saturday, August 2, 1997, from 3 00 p m to 1000 p m for the purpose of
conducting a block party, the Council does hereby grant permission as
requested, including therein permission to conduct the said affair on
Sunday, August 3, 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 Brosnan, seconded by Duggan, and unanimously
adopted, it was
#382-97 RESOLVED, that having considered a communication from
the City Planning Commission, dated April 25, 1997, which transmits its
resolution 4-59-97 adopted on April 15, 1997, with regard to a revision to
Petition 79-4-2-11, submitted by McCann Dumont and Associates, on
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behalf of Arthur Treacher's Fish & Chips Restaurant, requesting approval to
revise the plans that were approved in connection with this petition and
approval of signage for the property located at 29010 Seven Mile Road in
the Southwest 1/4 of Section 1, which property is zoned C-2, the Council
does hereby concur in the recommendation of the Planning Commission
and the requested revision to Petition 79-4-2-11 is hereby approved and
granted, subject to the following conditions
1 That the Site and Landscape Plan marked Sheet S-1 dated April 7,
1997, prepared by R. W Architect, is hereby approved and shall
be adhered to,
2 That underground sprinklers are to be provided for all landscaped
and sodded areas, all planted materials shall be installed to the
satisfaction of the Inspection Department and thereafter
permanently maintained in a healthy condition, and that designated
grass areas shall be resodded rather than simply reseeded, where
necessary, and brought back to good condition,
3 That the Exterior Building Elevation Plan marked Sheet A-3 dated
January 31, 1997, prepared by R. W Architect, is hereby approved
and shall be adhered to,
4 That the Sign Package submitted by McCann Dumont & Associates
as received by the Planning Commission on February 19, 1997, is
hereby approved and shall be adhered to,
5 That the signage shall not be illuminated beyond one hour after the
restaurant closes, and
6 That the petitioner shall meet to the Inspection Department's
satisfaction the following requirements outlined in the
correspondence from the Sr Building Inspector dated April 2,
1997
a That the parking lot shall be repaired, sealed and restriped,
b That all light standards shall have shields so as to keep the
light contained on site, and
c. That the back lighting of the awning sign shall be limited to
and calculated as sign area
A communication from the Department of Public Works, Public Service
t`"'' Division, dated February 25, 1997, re proposed sewer extension on Sunset Avenue,
30194
south of Pickford Street, was received and placed on file for the information of the
Council (CR 248-97)
A communication from the Department of Public Works, Public Service
Division, dated March 25, 1997, re an informational update pertaining to the proposed
sewer extension on Sunset Avenue, south of Pickford Street, was received and placed
on file for the information of the Council
On a motion by Taylor, seconded by Feenstra, and unanimously adopted,
it was
#383-97 RESOLVED, that having considered the report and
recommendation of the Water, Sewer and Waste Committee, dated April
22, 1997, submitted pursuant to Council Resolution 248-97, and the report
and recommendation of the Director of Public Works, the Public Utility
Manager, and the Chairman of the Water and Sewer Board, dated February
25, 1997, which bears the signature of the Director of Finance and is
approved for submission by the Mayor, with respect to the proposed sewer
extension on Sunset Avenue, south of Pickford Street, the Council does
hereby concur in the recommendation of the Water and Sewer Board and
does hereby authorize the Director of Public Works - Engineering Division,
together with the Director of Finance, to do all things necessary to prepare
plans and specifications and obtain bids for the installation of a sanitary
sewer extension on Sunset Avenue, south of Pickford Street, in accordance
with the provisions set forth in the Finance Ordinance, the same thereafter
to be submitted to Council for its consideration, FURTHER, the Council
does hereby request the Department of Law and the Director of Public
Works - Engineering Division to obtain any easements from the property
owners located in this area which may be found to be necessary during the
design phase of this project, FURTHER, the Council does hereby authorize
the utilization of proceeds from the $5 Million Water and Sewer Revenue
Bond for all work necessary in connection with this project.
On a motion by Taylor, seconded by Feenstra, and unanimously adopted,
it was
#384-97 RESOLVED, that having considered the report and
recommendation of the Water, Sewer and Waste Committee, dated April
22, 1997, submitted pursuant to Council Resolution 248-97, the Council
does hereby request that the Water and Sewer Board update its August 19,
1994, report concerning the remaining areas and lots in the City of Livonia
which are presently without public waste and sewer facilities and to submit
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same to Council, as well as a report on the progress of the City's program to
encourage or require connection to the sanitary sewer system
On a motion by Taylor, seconded by Brosnan, and unanimously adopted,
it was
#385-97 RESOLVED, that having considered the report and
recommendation of the Water, Sewer and Waste Committee, dated April
22, 1997, submitted pursuant to Council Resolution 248-97, and the report
and recommendation of the Director of Public Works, the Public Utility
Manager, and the Chairman of the Water and Sewer Board, dated February
25, 1997, which bears the signature of the Director of Finance and is
approved for submission by the Mayor, with respect to the proposed sewer
extension on Sunset Avenue, south of Pickford Street, the Council does
hereby refer the subject of sewer extensions to the Water and Sewer Board
for its report and recommendation
On a motion by Taylor, seconded by Brosnan, and unanimously adopted,
it was
#386-97 RESOLVED, that having considered the report and
recommendation of the Water, Sewer and Waste Committee, dated April
22, 1997, submitted pursuant to Council Resolution 248-97, and the report
and recommendation of the Director of Public Works, the Public Utility
Manager, and the Chairman of the Water and Sewer Board, dated February
25, 1997, which bears the signature of the Director of Finance and is
approved for submission by the Mayor, with respect to the proposed sewer
extension on Sunset Avenue, south of Pickford Street, the Council does
hereby refer the subject of the possibility of funding sewer extensions
through special assessments to the Department of Public Works for its
report and recommendation
On a motion by Taylor, seconded by Feenstra, and unanimously adopted,
it was
#387-97 RESOLVED, that having considered the report and
recommendation of the Water, Sewer and Waste Committee, dated April
22, 1997, submitted pursuant to Council Resolution 248-97, and the report
and recommendation of the Director of Public Works, the Public Utility
Manager, and the Chairman of the Water and Sewer Board, dated February
25, 1997, which bears the signature of the Director of Finance and is
approved for submission by the Mayor, with respect to the proposed sewer
extension on Sunset Avenue, south of Pickford Street, the Council does
hereby refer the subject of the private sewer serving three homes on
Pickford in this area and whether these property owners would have to
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connect to the sewer extension on Sunset Avenue to the Department of
Public Works for its report and recommendation
A communication from the House Legislative Analysis Section forwarding
information on House Bills 4596, 4597 and 4598, re the clean-up of contaminated
sites, was received and placed on file for the information of the Council (CR 303-95)
On a motion by Taylor, seconded by Brosnan, and unanimously adopted,
it was
#388-97 RESOLVED, that having considered the report and
recommendation of the Water, Sewer and Waste Committee, dated April
22, 1997, submitted pursuant to Council Resolution 303-95, concerning the
subject of proposed state legislation addressing the clean-up of
contaminated sites, the Council does hereby determine to take no further
action with respect to this matter
On a motion by Taylor, seconded by Feenstra, and unanimously adopted,
it was
#389-97 RESOLVED, that having considered the report and
recommendation of the Water, Sewer and Waste Committee, dated April
22, 1997, submitted pursuant to Council Resolution 561-96, with regard to
the general subject matter of water and sewer rates, the Council does
hereby determine to take no further action with respect to this item
On a motion by Taylor, seconded by Brosnan, and unanimously adopted,
it was
#390-97 RESOLVED, that having considered the report and
recommendation of the Water, Sewer and Waste Committee, dated April
22, 1997, submitted pursuant to Council Resolution 561-96, with regard to
the general subject matter of water and sewer rates, the Council does
hereby refer the subject of sewage flow charges to the Water, Sewer and
Waste Committee for its report and recommendation
On a motion by Taylor, seconded by Duggan, and unanimously adopted,
it was
#391-97 RESOLVED, that having considered the report and
recommendation of the Water, Sewer and Waste Committee, dated April
22, 1997, submitted pursuant to Council Resolution 99-95, and a request
30197
from Paul A. Daniel, 17638 Woodside, Livonia, Michigan 48152, with
regard to the possibility of instituting a curbside oil pickup program as an
addition to the City's curbside recycling program, the Council does hereby
refer this matter to the Mayor for a report and recommendation
On a motion by Vandersloot, seconded by Brosnan, and unanimously
adopted, it was
#392-97 RESOLVED, that having considered the report and
recommendation of the Finance, Insurance and Budget Committee, dated
April 22, 1997, submitted pursuant to Council Resolution 951-96, and
Legal Opinion 96-8 prepared by the Department of Law, dated September
24, 1996, approved for submission by the Mayor, with regard to the
subject of the allocation of 16th District Court Volunteer Work Program
Funds, the Council does hereby determine to take no further action with
respect to this item
A communication from the Department of Law, dated April 25, 1997, re
the allocation of 16th District Court Volunteer Work Program Funds was received and
placed on file for the information of the Council (CRs 799-96 and 951-96)
On a motion by Vandersloot, seconded by Brosnan, and unanimously
adopted, it was
#393-97 RESOLVED, that having considered the report and
recommendation of the Finance, Insurance and Budget Committee, dated
April 22, 1997, submitted pursuant to Council Resolution 839-96,
concerning the matter of Public Act 198 Tax Abatements, the Council
does hereby refer the draft policy statement submitted by Councilmember
Michael P McGee concerning tax abatements to the Planning Director,
through the Mayor, for review in consultation with the City Assessor,
Director of Finance, Department of Law and such other departments as
may be deemed advisable, and does hereby request that the Planning
Director thereafter submit a recommended policy statement to the Council
for its consideration, FURTHER, the Council does hereby direct that the
subject matter shall remain in the Finance, Insurance and Budget
Committee pending receipt of the requested report.
On a motion by Vandersloot, seconded by Taylor, it was
#394-97 RESOLVED, that having considered the report and
recommendation of the Capital Improvement Committee, dated April 23,
1997, submitted pursuant to Council Resolution 152-97, regarding a
proposal dated November 20, 1996, from Honeywell, Inc. for a Building
30198
Mechanical System Replacement and Improvement Program, and the
report and recommendation of the Director of Public Works and the
Public Utility Manager, dated April 10, 1997, which bears the signature of
the Director of Finance, is approved by the City Attorney and is approved
for submission by the Mayor, the Council does hereby accept the
proposal of Honeywell, Inc., 23978 Research Drive, Farmington Hills,
Michigan 48335, for completing all work required in connection with the
Building Mechanical System Replacement and Improvement Program for
the sum of$3,651,237 00 of which $2,612,350 00 is to be paid directly to
Honeywell, Inc and the balance to be paid directly to the subcontractors
selected by Honeywell, Inc. to perform services hereunder; FURTHER,
the Council does hereby authorize the Director of Finance to solicit
quotations from local banks to provide installment purchase financing for
the above-referenced project in the amount of $3,651,237 00; 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 Honeywell, Inc., and to do all things necessary
or incidental to the full performance of this resolution, FURTHER, the
Council does hereby determine to accept such proposal without
competitive bidding for the reasons indicated by the Director of Public
Works, and such action is taken in accordance with the provisions set
forth in Section 3 04 140D4 of the Livonia Code of Ordinances, as
amended
A roll call vote was taken on the foregoing resolution with the following result:
AYES Brosnan, Vandersloot, Taylor, Duggan, and Laura
NAYS Feenstra
The President declared the resolution adopted
On a motion by Duggan, seconded by Feenstra, and unanimously
adopted, it was
#395-97 RESOLVED, that having considered the report and
recommendation of the Streets, Roads and Plats Committee, dated April
28, 1997, submitted pursuant to Council Resolution 456-95, and a
communication from the City Assessor, dated June 9, 1995, approved for
submission by the Mayor, with regard to a request from Mr Scott Powers,
20234 Parkville, Livonia, Michigan 48152, and in accordance with the
provisions of 1967 PA 288, as amended, as well as Section 18 46 of
Ordinance 543, as amended, the Council does hereby determine to deny
the request for dividing Tax Item No 46-002-01-0398-000 (including Lot
399) into two (2) parcels since the same would be in violation of the City's
30199
Zoning Ordinance and law, as well as for the reason that the proposed lot
split would not be consistent with good planning and zoning practice
On a motion by Duggan, seconded by Feenstra, and unanimously
adopted, it was
#396-97 RESOLVED, that having considered the report and
recommendation of the Streets, Roads and Plats Committee, dated April
28, 1997, submitted pursuant to Council Resolution 737-95, regarding the
subject of the possible impact on Purlingbrook with regard to traffic
resulting from the proposed construction of cluster homes by Pacoma
Purlingbrook LLC (Petition 95-6-2-22) to be located on the east side of
Purlingbrook Avenue, north of Seven Mile Road, in the Southeast 1/4 of
Section 2, and the possibility of contributions from the developer for the
upgrading of the street, the Council does hereby determine to take no
further action with respect to this matter
On a motion by Duggan, seconded by Feenstra, and unanimously
adopted, it was
#397-97 RESOLVED, that having considered the report and
recommendation of the Streets, Roads and Plats Committee, dated April
28, 1997, submitted pursuant to Council Resolution 673-95, regarding the
subject of possible additional signage on Eight Mile Road and Victor
Parkway to control through traffic, the Council does hereby determine to
take no further action with respect to this matter
A report from Schostak Brothers and Company, dated April 30, 1997, re
Wonderland 2001 "Shoppertainment" was received and placed on file for the
information of the Council
On a motion by Taylor, seconded by Feenstra, it was
#398-97 RESOLVED, that having considered the report and
recommendation of the Committee of the Whole, dated April 29, 1997,
submitted pursuant to Council Resolution 171-97, and a letter from the
Michigan Liquor Control Commission dated June 18, 1996, and the report
and recommendation of the Chief of Police, dated October 23, 1996,
approved for submission by the Mayor, in connection with a request from
Moutafis, Inc. for a new Outdoor Service Permit (Second Area) and
expansion of Outdoor Service Permit to include the entire golf course and
request for additional Bar Permit for roving cart to be held in conjunction
with 1996 Class C licensed business with Sunday Sales, Official Permit
(Food), Outdoor Service and Direct Connection, located at 20500
30200
Newburgh Road, Livonia, Michigan, Wayne County, the Council does
hereby direct that Moutafis, Inc. submit a Letter of Understanding to the
City which shall provide that the sale/consumption of beer on the golf
course at Whispering Willows shall be subject to the following
1 Service by roving cart or consumption of beer on the golf course
shall not be allowed for any group consisting of less than 24
individuals,
2 Consumption of beer shall be allowed on the golf course for groups
consisting of 24 or more individuals provided that a ticket for each
beer is purchased from inside the clubhouse and each individual
shall be limited to two (2) tickets, and
3 Service by roving cart or the sale of beer at a tent at certain
locations and consumption of beer on the golf course shall be
allowed for groups on the golf course whenever the course has
been closed to other golfers under existing City policy (with no
ticket requirement)
A roll call vote was taken on the foregoing resolution with the following result:
AYES Feenstra, Brosnan, Taylor, Duggan, and Laura
NAYS Vendersloot.
The President declared the resolution adopted
On a motion by Taylor, seconded by Feenstra, and unanimously adopted,
it was
#399-97 RESOLVED, that having considered the report and
recommendation of the Committee of the Whole, dated April 29, 1997,
submitted pursuant to Council Resolution 171-97, the Council does
hereby determine that with respect to the sale or consumption of beer on
the golf course at Whispering Willows, organizations utilizing the golf
course when the golf course is closed to other golfers shall not be limited
to utilizing the sole provider with respect to beer sales
On a motion by Taylor, seconded by Brosnan, it was
#400-97 RESOLVED, that having considered the report and
recommendation of the Committee of the Whole, dated April 29, 1997,
submitted pursuant to Council Resolution 171-97, the Council does
hereby refer the subject of the preparation of an appropriate amendment
to the existing lease agreement between the City and Moutafis, Inc.
(Whispering Willows Golf Course) to provide that the City shall have the
30201
right to revoke its authorization for the new Outdoor Service Permit
(Second Area), expansion of Outdoor Service Permit to include the entire
golf course and additional Beer Permit for roving cart, after two years from
the date of issuance of such permits by the Michigan Liquor Control
Commission (i e , after two golf seasons) to the Department of Law, the
same to be thereafter submitted to Council for its consideration
A roll call vote was taken on the foregoing resolution with the following result:
AYES Feenstra, Brosnan, Taylor, Duggan, and Laura.
NAYS Vandersloot.
The President declared the resolution adopted
On a motion by Feenstra, seconded by Taylor, and unanimously adopted,
it was
#401-97 RESOLVED, that having considered the report and
recommendation of the Committee of the Whole, dated April 29, 1997,
submitted pursuant to Council Resolution 171-97, the Council does
hereby determine that groups selling or furnishing beer on the golf course
at Whispering Willows shall be subject to the same limits as sole
providers selling beer (i.e., limit of two tickets per person)
On a motion by Duggan, seconded by Brosnan, and unanimously
adopted, it was
#402-97 RESOLVED, that having considered a communication from
the Department of Law, dated May 5, 1997, transmitting for Council
acceptance a Quit Claim Deed, more particularly described as follows
Quit Claim Deed, dated February 27, 1997, executed by Richard J
Olson, President, Olson Oldsmobile, Inc., to the City of Livonia for.
The South sixty (60) feet of the following parcel of land
Land situated in the City of Livonia, Wayne County, Michigan,
described as follows Part of the S E 1/4 of Section 28, T 1 S , R.9
E , described as beginning at a point on the South line of said
section, distant N 89°17'20" W , 982 65 feet from the S E corner
of Section 28 and proceeding thence N 89°17'20" West along said
line, 340 35 feet; thence N 00°33'50" W , 650 00 feet; thence N
00°43'30" W , 697 22 feet, thence N 87°47'30" E , 332 20 feet;
30202
thence S 00°59'20" East, 1,368 36 feet to the point of beginning
(Part of 112-99-0027-000 - Plymouth Road right-of-way )
,,,, AND
The South sixty (60) feet of the following parcel of land
A parcel of land in the S 1/2 of the S E 1/4 of Section 28, T 1 S ,
R.9 E , Livonia Township (now City of Livonia), Wayne County,
Michigan, more particularly described as beginning at a stake in
the south line of Section 28, W , 1,328 41 feet from the S E corner
post of Section 28, thence N 01°25' West, 647 6 feet to a stake,
thence S 89°41' West, 133 2 feet to a stake, thence South 01°24'
East, 646 9 feet to a stake in the south line of Section 28, thence
East 133 46 feet along said south section line to the point of
beginning (Part of 112-99-0026-000 - Plymouth Road right-of-
way )
the Council does hereby, for and in behalf of the City of Livonia, accept
the aforesaid Quit Claim Deed, and the City Clerk is hereby requested to
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
On a motion by Duggan, seconded by Feenstra, and unanimously
adopted, it was
#403-97 RESOLVED, that having considered the report and
recommendation of the Committee of the Whole, dated April 29, 1997,
submitted pursuant to Council Resolution 158-97, and a communication
from the City Planning Commission, dated January 27, 1997, which
transmits its resolution 1-12-97 adopted on January 21, 1997, with regard
to Petition 96-12-8-19 submitted by Olson Oldsmobile requesting site plan
approval in connection with a proposal to construct a commercial building
on property located at 33850 Plymouth Road in the Southeast 1/4 of
Section 28, pursuant to the provisions set forth in Section 18 58 of
Ordinance No 543, as amended, the Council does hereby concur in the
recommendation of the Planning Commission and Petition 96-12-8-19 is
hereby approved and granted, subject to the following conditions
1 That the Site Plan marked Sheet S1 dated November 6, 1996,
prepared by S E K. Consulting, is hereby approved and shall be
adhered to,
2 That the Building Elevation Plan marked Sheet A2 dated
November 6, 1996, prepared by S E K. Consulting, is hereby
approved and shall be adhered to,
30203
3 That the building materials of the new building shall match the
building materials of the existing new car showroom so that upon
completion the two buildings will match in color and architectural
design, and
4 That this approval does not authorize consent of any signage
shown on the plans
The oral report presented by Ameritech New Media on April 29, 1997, re
proposed cable television franchise was received and placed on file for the information
of the Council (CR 665-96)
On a motion by Feenstra, seconded by Taylor, and unanimously adopted,
it was
#404-97 RESOLVED, that having considered the report and
recommendation of the Committee of the Whole, dated April 29, 1997,
submitted pursuant to Council Resolution 665-96, with respect to a
proposed cable television franchise presented by Ameritech New Media,
the Council does hereby refer the subject of a determination of what
advantages other cities have received by allowing competition with
respect to cable television services to the Department of Community
Resources for its report and recommendation
Taylor gave first reading to the following Ordinance
AN ORDINANCE AMENDING SECTION 2 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 96-12-1-28)
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
Brosnan gave first reading to the following Ordinance
AN ORDINANCE AMENDING SECTIONS 070 AND 071 OF
CHAPTER 08 (ELECTION PRECINCTS) OF TITLE 1 OF THE
LIVONIA CODE OF ORDINANCES, AS AMENDED
30204
The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in the
Office of the City Clerk and is the same as if word for word repeated herein The above
Ordinance was placed on the table for consideration at the next regular meeting
On a motion by Feenstra, seconded by Taylor, and unanimously adopted,
it was.
#405-97 RESOLVED, that having considered a letter from Marian S
Richards, President of the Board of Directors of Kingston Terrace
Condominiums, dated April 23, 1997, requesting funding to assist with the
paving of the parking area in front of the Kingston Terrace Condominium
located on the west side of Middlebelt between Orangelawn and Robert
Drive, the Council does hereby refer this matter to the Director of Public
Works - Engineering Division for consultation with the County of Wayne
regarding funding for such project and to thereafter submit a report and
recommendation to Council
On a motion by Feenstra, seconded by Taylor, and unanimously adopted,
it was.
#406-97 RESOLVED, that having considered a letter from Marian S
Richards, President of the Board of Directors of Kingston Terrace
Condominiums, dated April 23, 1997, requesting funding to assist with the
paving of the parking area in front of the Kingston Terrace Condominium
located on the west side of Middlebelt between Orangelawn and Robert
Drive, the Council does hereby refer this matter to the Mayor/Inspection
Department for a report and recommendation regarding legality of parking
in the County right-of-way referencing a report previously submitted
regarding Merriman Road parking in the County right-of-way
Marian Richards, President of the Board of Directors of Kingston Terrace
Condominiums, addressed the foregoing item
On a motion by Feenstra, seconded by Taylor, and unanimously adopted,
it was.
#407-97 RESOLVED, that having considered a communication from
the City Assessor, dated March 31, 1997, approved for submission by the
Mayor, with regard to a request from Mr Joe Rotondo, 20793 Farmington
Road, Farmington, Michigan 48336, 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 46 038 03 0778 001
30205
and 46 038 03 0778 002 into four (4) parcels, the legal descriptions of
which shall read as follows
PARCEL A.
Part of the Northwest 1/4 of Section 10, T 1 S , R. 9 E , City of Livonia,
Wayne County, Michigan, being more particularly described as
Beginning at the southeast corner of Lot 778 of Supervisor's Livonia Plat
No 13 of part of the Northwest 1/4 of Section 10, T 1 S , R. 9 E., Livonia
Township (now City of Livonia), Wayne County, Michigan, as recorded in
Liber 68, Plats, P 17, Wayne County Records, thence, along the south
line of said Lot 778, S 89°55'24" W , 474 38' to the southwest corner of
said Lot 778, thence, along the west line of said Lot 778, also being the
east line of Garden Grove Sub (recorded L. 54, P 80) N 00°00'00" E ,
90 00', thence N 89°55'24" E , 473 96' to a point on the east line of said
Lot 778, thence, along the east line of said Lot 778, also being the west
right-of-way line of Loveland Avenue, S 00°16'13" E , 90 00' to the point
of beginning Containing 0 9797 acres and being subject to any
easements and restrictions of record
PARCEL B.
Part of the Northwest 1/4 of Section 10, T 1 S , R. 9 E , City of Livonia,
Wayne County, Michigan, being more particularly described as.
Commencing at the southeast corner of Lot 778 of Supervisor's Livonia
Plat No 13 of part of the Northwest 1/4 of Section 10, T 1 S , R. 9 E ,
Livonia Township (now City of Livonia), Wayne County, Michigan, as
recorded in Liber 68, Plats, P 17, Wayne County Records, thence, along
the east line of said Lot 778, also being the west right-of-way line of
Loveland Avenue, N 00°16'13" W , 90 00' to the point of beginning of the
parcel herein described, thence S 89°55'24" W , 473 96 to a point on the
west line of said Lot 778, thence, along the west line of said Lot 778, also
being the east line of Garden Grove Sub (recorded L. 54, P 80), N
00°00'00" E , 90 00', thence N 89°55'24" E , 473 53', to a point on the
east line of said Lot 778, thence, along the east line of said Lot 778, also
being the west right-of-way line of Loveland Avenue, S 00°16'13" E ,
90 00' to the point of beginning Containing 0 9788 acres and being
subject to any easements and restrictions of record
PARCEL C.
Part of the Northwest 1/4 of Section 10, T 1 S , R 9E , City of Livonia,
Wayne County, Michigan, being more particularly described as
Beginning at the northeast corner of Lot 778 of Supervisor's Livonia Plat
No 13 of part of the Northwest 1/4 of Section 10, T 1 S , R. 9 E , Livonia
Township (now City of Livonia), Wayne County, Michigan, as recorded in
Liber 68, Plats, P 17, Wayne County Records, thence, along the east line
of said Lot 778, also being the west right-of-way line of Loveland Avenue,
30206
S 00°16'13" E , 120 00', thence, S 89°55'24" W , 236 77', thence N
00°08'07" W , 120 00' to a point on the north line of said Lot 778, thence,
along the north line of said Lot 778, N 89°55'24" E , 236 48' to the point
of beginning Containing 0 6519 acres and being subject to any
easements and restrictions of record
PARCEL D.
Part of the Northwest 1/4 of Section 10, T 1 S , R. 9 E, City of Livonia,
Wayne County, Michigan, being more particularly described as
Beginning at the northwest corner of Lot 778 of Supervisor's Livonia Plat
No 13 of part of the Northwest 1/4 of Section 10, T 1 S , R. 9 E., Livonia
Township (now City of Livonia), Wayne County, Michigan, as recorded in
Liber 68, Plats, P 17, Wayne County Records, thence, along the north
line of said Lot 778, N 89°55'24" E , 236 48', thence, S 00°08'07" E ,
120 00', thence S 89°55'24" W , 236 77' to a point on the west line of
said Lot 778, thence, along the west line of said Lot 778, also being the
east of Garden Grove Sub (recorded L. 54, P 80), N 00°00'00" E ,
120 00' to the point of beginning Containing 0 6519 acres and being
subject to any easements and restrictions of record
as shown on the map attached to the aforesaid communication which is
made a part hereof by reference, and the City Clerk is hereby requested
to cause a certified copy of this resolution to be recorded in the Office of
the Wayne County Register of Deeds; 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
The following individuals from the audience addressed this matter
1) Barbara Naum, 18325 Loveland (south side of the proposed lot split) - indicated
her concern re the regulated wetland by the DNR in this area She stated there
is a high water table there (She also submitted a letter to the Council regarding
this matter )
2) William Wells, 18350 Loveland - would like to see some continuity in placement
and size of the proposed homes
3) Al Giss, 18250 Loveland - indicated he thought there was no building allowed on
this parcel because it was designated as a wetland He also stated he thought
people within 500 feet were supposed to be notified of this proposed action. He
does not believe this proposal would blend in with the rest of the homes in the
area.
4) Greg Spiewac, 18320 Loveland - he stated the homeowners in this area were
told this was going to be rezoned to RUF, he believed future problems would be
avoided if this was rezoned
5) Barbara Naum, 18325 Loveland - stated they requested Planning to rezone this
area and were told that after one year, it would be rezoned
30207
A communication from Mr and Mrs James M Naum, 18325 Loveland,
dated May 6, 1997, re concerns due to the requested lot split by Joe Rotondo
Construction Corp of property located at 18355 and 18357 Loveland was received and
placed on file for the information of the Council
On a motion by Taylor, seconded by Feenstra, and unanimously adopted,
it was
#408-97 RESOLVED, that having considered a communication from
the City Assessor, dated March 31, 1997, approved for submission by the
Mayor, with regard to a request from Mr Joe Rotondo, 20793 Farmington
Road, Farmington, Michigan 48336, for dividing and combining Tax Item
Nos. 46 038 03 0778 001 and 46 038 03 0778 002 into four (4) parcels,
the Council does hereby refer the subject of any possible drainage
problems with this request to the Director of Public Works - Engineering
Division for his report and recommendation
On a motion by Taylor, seconded by Duggan, it was
#409-97 RESOLVED, that having considered a communication from
the City Assessor, dated April 10, 1997, approved for submission by the
Mayor, with regard to a request from Mr Leon London, 6689 Orchard
Lake Road, Suite 162, West Bloomfield, Michigan 48322, for dividing Tax
Item No 46-045-03-0040-000 into four (4) parcels, 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 refer this item to
the Streets, Roads and Plats Committee for its report and
recommendation
A roll call vote was taken on the foregoing resolution with the following result:
AYES Brosnan, Vandersloot, Taylor, and Duggan
NAYS Feenstra and Laura
The President declared the resolution adopted
On a motion by Duggan, seconded by Taylor, it was
#410-97 RESOLVED, that having considered 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, Michigan 48185, for dividing and combining Tax Item Nos 46-
045-03-0043-001 and 46-045-03-0045-000 into three (3) parcels, and in
30208
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
refer this item to the Streets, Roads and Plats Committee for its report
and recommendation
A roll call vote was taken on the foregoing resolution with the following result:
AYES Brosnan, Vandersloot, Taylor, and Duggan
NAYS Feenstra and Laura
The President declared the resolution adopted
On a motion by Taylor, seconded by Duggan, and unanimously adopted,
it was
#411-97 RESOLVED, that having considered a letter from the
Michigan Liquor Control Commission, dated December 5, 1996, and the
report and recommendation of the Chief of Police, dated April 18, 1997, in
connection therewith, approved for submission by the Mayor, the Council
does hereby determine that it has no objection to and does recommend
approval of the request from T & E Sleva, Inc., for a new SDM license to
be located at 31236 Five Mile Road, Livonia, Michigan, Wayne County;
and the City Clerk is hereby requested to forward a certified copy of this
resolution to the Michigan Liquor Control Commission
A communication from the Michigan Liquor Control Commission to Tom
Sleva, dated May 9, 1997, re forwarding a copy of the Approval of License in Escrow
form concerning the 1996 SDM license held in escrow by Caruso's Italian Bakery &
Deli, Inc., located at 31236 Five Mile, was received and placed on file for the
information of the Council
On a motion by Taylor, seconded by Vandersloot, it was
#412-97 RESOLVED, that having considered the report and
recommendation of the Director of Finance, dated April 22, 1997,
approved for submission by the Mayor, requesting renewal of the
maintenance agreement with the City's software provider and to which is
attached a proposed Deluxe Standard Software Maintenance
Agreement, the Council does hereby authorize the execution of the
attached agreement between the City of Livonia and New World
Systems, 888 W Big Beaver Road, Troy, Michigan 48084, to provide the
City with various services related to computer software for the period
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December 1, 1996, through November 30, 1999, at an annual cost of
$55,600 00, and any additional programming support over the 200 hours
provided by the agreement to be billed at the rate of $80 00 per hour,
from funds already budgeted for this purpose in Account No 101-915-
818-005 (Data Processing - Contractual Services - Consultant),
FURTHER, the Council does hereby authorize the action herein without
competitive bidding in accordance with the provisions set forth in Section
3 04 140D2 and 4 of the Livonia Code of Ordinances, as amended.
A roll call vote was taken on the foregoing resolution with the following result:
AYES Brosnan, Vandersloot, Taylor, and Duggan
NAYS Feenstra and Laura
The President declared the resolution adopted
Taylor took from the table, for second reading and adoption, the following
Ordinance
AN ORDINANCE AMENDING SECTION 17 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 96-11-1-23)
A roll call vote was taken on the foregoing Ordinance with the following result:
AYES Feenstra, Brosnan, Vandersloot, Taylor, Duggan, and Laura.
NAYS None
The President declared the foregoing Ordinance duly adopted, and would become
effective on publication
On a motion by Taylor, seconded by Feenstra, and unanimously adopted,
it was
#413-97 RESOLVED, that having considered a communication from
the City Planning Commission, dated April 24, 1997, which transmits its
resolution 4-48-97, adopted on April 15, 1997, with regard to Petition 97-
2-2-4, submitted by Stuart Frankel, c/o Newburgh Plaza, requesting
waiver use approval to expand an existing shopping center located on the
south side of Six Mile Road between Newburgh Road and Fitzgerald
Avenue in the Northwest 1/4 of Section 17, which property is zoned C-2,
30210
the Council does hereby concur in the recommendation made by the City
Planning Commission and Petition 97-2-2-4 is hereby approved and
granted, subject to the granting of a variance for a deficient number of
parking spaces and deficient parking space sizes by the Zoning Board of
Appeals, and the following additional conditions
1 That the Site Plan marked sheet P-1W dated March 28, 1997, as
revised, prepared by Siegal/Tuomaala Associates, Architects,
which is hereby approved, shall be adhered to,
2. That the Building Elevation Plan marked sheet P-2-W dated May
13, 1997, as revised, prepared by Siegal/Tuomaala Associates,
Architects, which is hereby approved, shall be adhered to,
3 That the Landscape Plan marked sheet L-1, L-2 and L-3 dated
November 9, 1995, and revised April 14, 1997, prepared by E. J
Kleckner &Associates, Landscape Architects, is hereby approved
and shall be adhered to, and shall be installed prior to final
inspection and thereafter permanently maintained in a healthy
condition,
4 That the agreements dated February 10 and February 27, 1997,
between the Kingsbury Heights/Renwick Park Civic Association
and Stuart Frankel regarding Petition 96-11-1-23 shall be fully
implemented;
5 That the parking spaces shall be double striped, and
6 That the building elevation and landscape plan for the bank shall
come back before the Planning Commission and City Council for
review and approval
On a motion by Feenstra, seconded by Vandersloot, it was.
RESOLVED, that having considered a communication from
the City Planning Commission, dated April 24, 1997, which transmits its
resolution 4-48-97, adopted on April 15, 1997, with regard to Petition 97-
2-2-4, submitted by Stuart Frankel, do Newburgh Plaza, requesting
waiver use approval to expand an existing shopping center located on the
south side of Six Mile Road between Newburgh Road and Fitzgerald
Avenue in the Northwest 1/4 of Section 17, which property is zoned C-2,
the Council does hereby refer the subject of the ability of westbound
traffic on Six Mile Road to turn left into the shopping center at this location
to the Traffic Commission for its report and recommendation.
Jack Engebretson, Traffic Commission - indicated that, based on the information
they received from the Police Department, this area is not viewed to be a matter of
30211
great urgency and/or frequent accidents, and that Wayne County will be conducting a
study at a future date
Councilmembers Feenstra and Vandersloot withdrew their motion and support on the
foregoing resolution
A communication from the Traffic Commission transmitting a resolution
adopted at their May 8, 1997 meeting re the planned addition to the Newburgh Plaza
Shopping Center at Six Mile and Newburgh and the possible prohibition of left turns out
of the eastern-most drive of the center adjacent to the Big Boy restaurant was received
and placed on file for the information of the Council
On a motion by Feenstra, seconded by Duggan, and unanimously
adopted, it was:
#414-97 RESOLVED, that having considered a communication from
the City Planning Commission, dated April 24, 1997, which transmits its
resolution 4-48-97, adopted on April 15, 1997, with regard to Petition 97-
2-2-4, submitted by Stuart Frankel, do Newburgh Plaza, requesting
waiver use approval to expand an existing shopping center located on the
south side of Six Mile Road between Newburgh Road and Fitzgerald
Avenue in the Northwest 1/4 of Section 17, which property is zoned C-2,
the Council does hereby refer the subject of the possibility of the
installation of a "No Left Turn" sign at the intersection of Six Mile and
Newburgh Road to the Traffic Commission for its report and
recommendation.
On a motion by Feenstra, seconded by Taylor, and unanimously adopted,
it was
#415-97 RESOLVED, that having considered a communication from
the City Planning Commission, dated April 25, 1997, which transmits its
resolution 4-49-97, adopted on April 15, 1997, with regard to Petition 97-
3-2-5, submitted by Pick-A-Bone, Inc. requesting waiver use approval to
utilize a Class C License for a restaurant located on the south side of Six
Mile Road between Ryan Road and Oporto Street in the Northeast 1/4 of
Section 14, which property is zoned C-2, the Council does hereby concur
in the recommendation made by the City Planning Commission and
Petition 97-3-2-5 is hereby approved and granted subject to adherence to
the conditions imposed by the Planning Commission and City Council
under Petition 94-4-2-10
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On a motion by Taylor, seconded by Duggan, and unanimously adopted,
it was
41,0
#416-97 RESOLVED, that having considered a communication from
the City Planning Commission, dated April 25, 1997, which transmits its
resolution 4-60-97 adopted on April 15, 1997, with regard to Petition 97-3-
8-8 submitted by Amson-Dembs Development Company, on behalf of
Murray's Discount Auto Stores, requesting site plan approval in
connection with a proposal to construct a commercial building on property
located at 28281 Eight Mile Road in the Northeast 1/4 of Section 1,
pursuant to the provisions set forth in Section 18 58 of Ordinance No
543, as amended, the Council does hereby concur in the recommendation
of the Planning Commission and Petition 97-3-8-8 is hereby approved
and granted, as amended, and subject to the following conditions
1 That the Site Plan marked Sheet SP-1 dated March 18, 1997,
prepared by PDA Architects, PC, is hereby approved and shall be
adhered to with the condition that all four sides of the building shall
be constructed out of unpainted, full face brick;
2 That the Landscape Plan marked Sheet LS-1 dated March 18,
1997, prepared by PDA Architects, PC, is hereby approved and
shall be adhered to, except for the fact that all lawn areas shall be
sodded, and shrubs are to be added to the west side of the
building next to the mechanical box, and the Planning Department
shall review the revised Landscape Plan to reflect same,
3 That underground sprinklers are to be provided for all new
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,
4 That the Exterior Building Elevation Plan marked Sheet A-2 dated
March 18, 1997, prepared by PDA Architects, PC, is hereby
approved and shall be adhered to except for the fact that the
building shall be constructed out of unpainted, full face brick on all
four sides from the grade to top, and
5 That the three walls of the trash dumpster area shall be
constructed out of the same brick used in the construction of the
building, and the wooden enclosure gates shall be maintained and
when not in use closed at all times
One of the partners of the aforementioned development, Santokh Singh LaBane,
111 N. Brady, Dearborn, indicated that the plans are to start improving the west side of
the development in the near future
30213
On a motion by Taylor, seconded by Brosnan, and unanimously adopted,
it was
#417-97 RESOLVED, that the City Engineer having filed with the City
Clerk a statement dated February 11, 1997, on all matters required by
Sections 3 08 060 and 3 08 140 of the Livonia Code of Ordinances, as
amended, and a first public hearing having been held thereon on April 23,
1997, after due notice as required by Section 3 08 070 of said Code, and
careful consideration having been given to all such matters, the Council
does hereby, pursuant to Section 3 08 080 of said Code
(1) accept and approve said statement in all respects,
(2) determine to make the improvement consisting of the installation of
100-watt high pressure sodium lights on colonial post tops with
underground wiring in the Lakeside Estates Subdivision located in
the Southeast 1/4 of Section 33, City of Livonia, Wayne County,
Michigan, as described in said statement; and to defray the cost of
such improvement by special assessment upon the property
especially benefited in proportion to the benefits derived or to be
derived,
(3) approve the plans and specifications for said improvement as set
forth in said statement dated February 11, 1997,
(4) determine that the cost of such improvement shall be paid by
special assessment upon the property especially benefited,
(5) determine that the assessment made for such improvement shall
be paid in annual installments, according to said statement;
(6) designate the assessment district, describing the land and
premises upon which special assessments shall be levied as
follows
Lakeside Estates Subdivision, as recorded in Liber 109, Pages 88,
89 and 90, Wayne County Records, said subdivision being a part
of the Southeast 1/4 of Section 33, T 1 S , R. 9 E., City of Livonia,
Wayne County, Michigan,
(7) direct the City Assessor to prepare a special assessment roll in
accordance with the Council's determination on said statements as
prepared by the City Engineer dated February 11, 1997, and
(8) that upon completion of said roll, the City Assessor shall attach
thereto the certificate required by the provisions of Section
3 08 100 of the Livonia Code of Ordinances, as amended, and file
30214
the same with the City Clerk, who thereupon is directed to present
the same to the City Council prior to the holding of the second
public hearing thereon pursuant to Title 3, Chapter 8 of the Livonia
,,, Code of Ordinances
On a motion by Taylor, seconded by Brosnan, and unanimously adopted,
it was
#418-97 RESOLVED, that having considered a communication from
the City Planning Commission, dated February 13, 1997, which sets forth
its resolution 2-16-97 adopted on February 4, 1997, with regard to
Petition 97-1-1-1, submitted by Danny Veri for a change of zoning of
property located on the east side of Newburgh Road, south of Ann Arbor
Trail, in the Southwest 1/4 of Section 32, from RUF to R-1, and the
Council having conducted a public hearing with regard to this matter on
April 23, 1997, pursuant to Council Resolution 144-97, the Council does
hereby approve Petition 97-1-1-1 for preparation of the ordinance for
submission to Council, and the City Planner is hereby instructed to cause
the necessary map for publication to be prepared indicating the zoning
change herein approved and to furnish the same to the Department of
Law and, upon receipt of such map, the Department of Law is requested
to prepare an ordinance amending Ordinance 543, as amended, in
accordance with this resolution
On a motion by Feenstra, seconded by Brosnan, and unanimously
adopted, it was
#419-97 RESOLVED, that the Council does hereby refer to the
Planning Commission to hold a public hearing regarding the possible
rezoning of Lot 740a and Lot 740b to the R-1 classification, which lots are
located on the east side of Newburgh Road, south of Ann Arbor Trail, in
the Southwest 1/4 of Section 32, and to thereafter submit their report and
recommendation to Council
On a motion by Feenstra, seconded by Brosnan, and unanimously
adopted, it was
#420-97 RESOLVED, that having considered a communication from
the City Planning Commission, dated February 13, 1997, which sets forth
its resolution 2-19-97 adopted on February 4, 1997, with regard to
Petition 96-11-6-8, submitted by the City Planning Commission, pursuant
to Council Resolution 906-96, to determine whether or not to amend
Article XXXI, Section 31 03 of the Zoning Ordinance so as to prohibit
overnight camping in NP zoning districts, and the Council having
conducted a public hearing with regard to this matter on Wednesday,
30215
April 23, 1997, pursuant to Council Resolution 144-97, the Council does
hereby approve Petition 96-11-6-8 for preparation of the ordinance for
submission to Council, and the Department of Law is requested to
prepare an ordinance amending Ordinance 543, as amended, in
accordance with this resolution
On a motion by Taylor, seconded by Brosnan, and unanimously adopted,
it was
#421-97 RESOLVED, that having considered a communication from
the City Planning Commission, dated February 13, 1997, which sets forth
its resolution 2-20-97 adopted on February 4, 1997, with regard to
Petition 96-12-6-9, submitted by the City Planning Commission, on its
own motion, to determine whether or not to amend the Zoning Ordinance
regarding site condominium developments, and the Council having
conducted a public hearing with regard to this matter on April 23, 1997,
pursuant to Council Resolution 144-97, the Council does hereby approve
Petition 96-12-6-9 for preparation of the ordinance for submission to
Council, and the Department of Law is requested to prepare an
ordinance amending Ordinance 543, as amended, in accordance with this
resolution.
On a motion by Feenstra, seconded by Duggan, and unanimously
adopted, it was
#422-97 RESOLVED, that the City Engineer having filed with the City
Clerk a statement dated February 18, 1997, and a revised statement
dated May 13, 1997, on all matters required by Sections 3 08 060 and
3 08 140 of the Livonia Code of Ordinances, as amended, and a first
public hearing having been held thereon on April 28, 1997, after due
notice as required by Section 3 08 070 of said Code, and careful
consideration having been given to all such matters, the Council does
hereby, pursuant to Section 3 08 080 of said Code
(1) accept and approve said statement, as revised, in all respects,
(2) determine to make the improvement consisting of the installation of
100-watt high pressure sodium lights on 18' high Hallbrook poles
with underground wiring in the Sunset Subdivision, City of Livonia,
Wayne County, Michigan, as described in said statement; and to
defray the cost of such improvement by special assessment upon
the property especially benefited in proportion to the benefits
derived or to be derived,
(3) approve the plans and specifications for said improvement as set
forth in said statement, as revised, dated May 13, 1997,
30216
(4) determine that the cost of such improvement shall be paid by
special assessment upon the property especially benefited,
(5) determine that the assessment made for such improvement shall
be paid in annual installments, according to said statement, as
revised,
(6) designate the assessment district, describing the land and
premises upon which special assessments shall be levied as
follows
Lots 1 to 10, both inclusive, of Sunset Subdivision, as recorded in
Liber 109, Pages 86 and 87, Wayne County Records, said
subdivision being a part of the Northwest 1/4 of Section 2, T 1 S ,
R. 9 E , City of Livonia, Wayne County, Michigan,
(7) direct the City Assessor to prepare a special assessment roll in
accordance with the Council's determination on said revised
statement as prepared by the City Engineer dated May 13, 1997,
and
(8) that upon completion of said roll, the City Assessor shall attach
thereto the certificate required by the provisions of Section
3 08 100 of the Livonia Code of Ordinances, as amended, and file
the same with the City Clerk, who thereupon is directed to present
the same to the City Council prior to the holding of the second
public hearing thereon pursuant to Title 3, Chapter 8 of the Livonia
Code of Ordinances
On a motion by Brosnan, seconded by Taylor, and unanimously adopted,
it was
#423-97 RESOLVED, that the City Engineer having filed with the City
Clerk a statement dated February 19, 1997, on all matters required by
Sections 3 08 060 and 3 08 140 of the Livonia Code of Ordinances, as
amended, and a first public hearing having been held thereon on April 28,
1997, after due notice as required by Section 3 08 070 of said Code, and
careful consideration having been given to all such matters, the Council
does hereby, pursuant to Section 3 08 080 of said Code
(1) accept and approve said statement in all respects,
(2) determine to make the improvement consisting of the installation of
100-watt high pressure sodium lights on colonial post top poles
with underground wiring in the Caliburn Estates Subdivision No 3,
City of Livonia, Wayne County, Michigan, as described in said
30217
statement; and to defray the cost of such improvement by special
assessment upon the property especially benefited in proportion to
the benefits derived or to be derived,
(3) approve the plans and specifications for said improvement as set
forth in said statement dated February 19, 1997,
(4) determine that the cost of such improvement shall be paid by
special assessment upon the property especially benefited,
(5) determine that the assessment made for such improvement shall
be paid in annual installments, according to said statement;
(6) designate the assessment district, describing the land and
premises upon which special assessments shall be levied as
follows.
Lots 100 to 157, both inclusive, of Caliburn Estates Subdivision
No 3, as recorded in Liber 110, Pages 1 through 5, Wayne County
Records, said subdivision being a part of the Northwest 1/4 of
Section 8, T 1 5 , R. 9 E., City of Livonia, Wayne County,
Michigan,
(7) direct the City Assessor to prepare a special assessment roll in
accordance with the Council's determination on said statements as
prepared by the City Engineer dated February 19, 1997, and
(8) that upon completion of said roll, the City Assessor shall attach
thereto the certificate required by the provisions of Section
3 08 100 of the Livonia Code of Ordinances, as amended, and file
the same with the City Clerk, who thereupon is directed to present
the same to the City Council prior to the holding of the second
public hearing thereon pursuant to Title 3, Chapter 8 of the Livonia
Code of Ordinances
On a motion by Brosnan, seconded by Taylor, and unanimously adopted,
it was
#424-97 RESOLVED, that the City Engineer having filed with the City
Clerk a statement dated February 24, 1997, on all matters required by
Sections 3 08 060 and 3 08 140 of the Livonia Code of Ordinances, as
amended, and a first public hearing having been held thereon on April 28,
1997, after due notice as required by Section 3 08 070 of said Code, and
careful consideration having been given to all such matters, the Council
does hereby, pursuant to Section 3 08 080 of said Code
(1) accept and approve said statement in all respects,
30218
(2) determine to make the improvement consisting of the installation of
100-watt high pressure sodium lights on colonial post top poles
with underground wiring in the Caliburn Manor Subdivision No 3,
City of Livonia, Wayne County, Michigan, as described in said
statement; and to defray the cost of such improvement by special
assessment upon the property especially benefited in proportion to
the benefits derived or to be derived.
(3) approve the plans and specifications for said improvement as set
forth in said statement dated February 24, 1997,
(4) determine that the cost of such improvement shall be paid by
special assessment upon the property especially benefited,
(5) determine that the assessment made for such improvement shall
be paid in annual installments, according to said statement;
(6) designate the assessment district, describing the land and
premises upon which special assessments shall be levied as
follows:
Lots 116 to 159, both inclusive, of Caliburn Manor Subdivision #3,
as recorded in Liber 110, Pages 6 to 8, Wayne County Records,
said subdivision being a part of the Northeast 1/4 of Section 7, T 1
S , R. 9 E , City of Livonia, Wayne County, Michigan,
(7) direct the City Assessor to prepare a special assessment roll in
accordance with the Council's determination on said statements as
prepared by the City Engineer dated February 24, 1997, and
(8) that upon completion of said roll, the City Assessor shall attach
thereto the certificate required by the provisions of Section
3 08 100 of the Livonia Code of Ordinances, as amended, and file
the same with the City Clerk, who thereupon is directed to present
the same to the City Council prior to the holding of the second
public hearing thereon pursuant to Title 3, Chapter 8 of the Livonia
Code of Ordinances
On a motion by Taylor, seconded by Brosnan, and unanimously adopted,
it was
#425-97 RESOLVED, that having considered a letter dated May 5,
1997, from James C McCann, Attorney at Law, representing Michael
Hamilton, President of Mesquite, Inc., wherein it is requested that Council
Resolution 245-97 be amended to approve Mesquite, Inc. for a license at
13800 Middlebelt Road "Above All Others," the Council does hereby
30219
amend and revise Council Resolution 245-97 so as to have the same
read as follows
RESOLVED, that having considered a letter dated
March 5, 1997, from James C McCann, Attorney at Law,
representing Michael Hamilton, President of Mesquite, Inc., and a
subsequent communication from James C McCann, dated March
17, 1997, requesting approval of an application for a new full-year,
on-premise Michigan Liquor Control Commission Class C liquor
license (license to be issued in the name of Mesquite, Inc.) for a
restaurant to be located at 13800 Middlebelt Road, Livonia,
Michigan, Wayne County, the Council does hereby take this means
to advise the Michigan Liquor Control Commission that the City
approves the said request "Above All Others," and the City Clerk
is hereby requested to wait until further notification that the existing
restaurant has been purchased by Mesquite, Inc. prior to
forwarding a certified copy of this resolution to the Michigan Liquor
Control Commission
On a motion by Brosnan, seconded by Duggan, and unanimously
adopted, it was
#426-97 RESOLVED, that having considered a communication from
the Mayor, dated May 2, 1997, the Council does hereby approve of and
concur in the appointment of Elaine Koons, 32172 Camborne, Livonia,
Michigan 48154, to the City Planning Commission for a term of three
years, which will expire on June 9, 2000, provided that Ms Koons takes
the oath of office as required in Chapter X, Section 2 of the City Charter,
to be administered by the City Clerk.
On a motion by Brosnan, seconded by Duggan, and unanimously adopted, it
was
#427-97 RESOLVED, that having considered a communication from
the City Librarian, dated April 11, 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 various gifts
and cash donations, in the total amount of $46,175 00, from the sources
indicated therein for use by the Livonia Public Library as indicated in the
aforesaid communication, FURTHER, the Council does hereby
appropriate and credit the amount of $8,475 00 to Account No 702-000-
285-271 for the purpose as designated by the donors
30220
On a motion by Taylor, seconded by Duggan, and unanimously adopted,
it was
#428-97 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
Feenstra gave first reading to the following Ordinance, as amended-
AN ORDINANCE ADDING SECTION 18 42A TO ARTICLE XVIII
OF ORDINANCE NO 543, AS AMENDED, KNOWN AND CITED
AS "THE CITY OF LIVONIA ZONING ORDINANCE"
(Petition 96-10-6-7)
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
Feenstra invoked the Emergency Clause and gave second reading to the
foregoing Ordinance, as amended, and a roll call vote was taken thereon with the
following result:
AYES Feenstra, Brosnan, Vandersloot, Taylor, Duggan, and Laura.
NAYS None
The President declared the foregoing Ordinance duly adopted, and would become
effective on publication
Kathleen Royal, representing AT&T Wireless, and Jeff Jones of Sprint Spectrum,
addressed the foregoing ordinance amendment.
On a motion by Feenstra, seconded by Taylor, and unanimously adopted,
it was
#429-97 RESOLVED, that having considered the report and
recommendation of the Legislative Committee, dated May 7, 1997,
submitted pursuant to Council Resolution 122-97, and a communication
from the City Planning Commission, dated December 5, 1996, which sets
forth its resolution 11-213-96 adopted on November 19, 1996, with regard
to Petition 96-10-6-7, submitted by the City Planning Commission,
pursuant to Council Resolution 889-96, to determine whether or not to
amend Section 18 42 of the Zoning Ordinance to regulate the installation
30221
of cellular/communication towers, antennas and satellite dishes, the
Council does hereby refer the question of whether the City has the
authority to regulate the installation of cellular/communication towers,
ir. antennas and satellite dishes that are placed on school property and the
issue of further defining the terms "fail" or "refuse", the issue of franchise
fees, and the issue of additional language regarding the number of
buildings, materials, elevations, and landscape to the City's tower
consultant, Varnum, Riddering Schmidt and Howlett, LLP, Bridgewater
Place, P 0 Box 352, Grand Rapids, Michigan 49501-0352, for a report
and recommendation
On a motion by Feenstra, seconded by Brosnan, and unanimously
adopted, it was
#430-97 RESOLVED, that having considered the report and
recommendation of the Legislative Committee, dated May 7, 1997,
submitted pursuant to Council Resolution 122-97, and a
communication from the City Planning Commission, dated December
5, 1996, which sets forth its resolution 11-213-96 adopted on
November 19, 1996, with regard to Petition 96-10-6-7, submitted by
the City Planning Commission, pursuant to Council Resolution 889-
96, to determine whether or not to amend Section 18 42 of the Zoning
Ordinance to regulate the installation of cellular/communication
towers, antennas and satellite dishes, the Council does hereby refer
the subject of the possible addition of language to the proposed
ordinance which would address the industrial zoned land that abuts
residentially zoned land to the Department of Law for its report and
recommendation
On a motion by Taylor, seconded by Brosnan, and unanimously adopted,
it was
#431-97 RESOLVED, that having considered the communication
from the Assistant Personnel Director, dated May 9, 1997, approved by
the Director of Finance and approved for submission by the Mayor, and
which sets forth a resolution adopted by the Civil Service Commission on
May 9, 1997, wherein it is recommended that the attached proposed
agreement between the City of Livonia and the Union Local 192 affiliated
with Council 25, American Federation of State, County & Municipal
Employees, AFL-CIO, be approved for the period December 1, 1995
through November 30, 1998, and the necessary amendments to the
Compensation Plan, the Insurance and Disability Plans and the
Retirement Ordinance be adopted so as to effectuate the provisions set
forth in the aforesaid agreement, the Council does hereby approve of and
concur in the aforesaid action of the Civil Service Commission, and the
Mayor and City Clerk are hereby requested to affix their signatures to the
30222
said contract, for and on behalf of the City of Livonia, and to do all other
things necessary or incidental to the full performance of this resolution
Yvonne Lillibridge, 11263 Stark Road, President of Local 192 - thanked the
administration and support staff for their efforts during the 15 months of the aforesaid
contract negotiation, as well as her husband, Ray, and her two (2) sons She indicated
that out of 247 Local 192 members there were 197 affirmative votes to pass this
contract.
On a motion by Brosnan, seconded by Duggan, and unanimously
adopted, it was
#432-97 RESOLVED, that having considered the communication
from the Assistant Personnel Director, dated May 9, 1997, approved by
the Director of Finance and approved for submission by the Mayor, and
which sets forth a resolution adopted by the Civil Service Commission on
May 9, 1997, wherein it is recommended that the attached proposed
agreement between the City of Livonia and the Livonia Supervisory and
Technical Chapter of Local 1917, and its affiliated Council 25, American
Federation of State, County & Municipal Employees, AFL-CIO, be
approved for the period December 1, 1995, through November 30, 1998,
and the necessary amendments to the Compensation Plan, the Insurance
and Disability Plans and the Retirement Ordinance be adopted so as to
effectuate the provisions set forth in the aforesaid agreement, the Council
does hereby approve of and concur in the aforesaid action of the Civil
Service Commission, and the Mayor and City Clerk are hereby requested
to affix their signatures to the said contract, for and on behalf of the City
of Livonia, and to do all other things necessary or incidental to the full
performance of this resolution.
Joe Sellinger, President of Local 1917 - indicated that the majority of the work
was done by Yvonne Lillibridge and her negotiating team, and thanked them for all their
efforts, as well as the efforts of the administration
On a motion by Taylor, seconded by Brosnan, it was
#433-97 RESOLVED, that having considered a communication from
the Assistant Personnel Director, dated May 9, 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 May 9, 1997, and which recommends certain salary and
fringe benefit adjustments for Administrative, Professional, Exempt and
Confidential Classifications, for the period December 1, 1995 through
November 30, 1998, which are as follows
30223
WAGE ADJUSTMENT *
12/01/95 - 11/30/96 3% (Retroactively Applied)
12/01/96 - 02/28/97 3% (Retroactively Applied)
03/01/97 - 11/30/97 1% (Partial Retroactively Applied)
12/01/97 - 11/30/98 3%
*BONUS $100 00 to be paid to each employee
LONGEVITY PAY Will remain as is, except that there will be a "me too"
clause that if for any period during the life of the Agreement the City
negotiates with any bargaining unit a higher longevity provision, then this
shall be extended to others for said period,
PENSIONS.
EMPLOYEES HIRED PRIOR TO MARCH 17, 1997
Current employees' retirement will be pursuant to the Rule of 85 Social
Security cut-off will be eliminated The total maximum pension payable by
the City will be 75%,
Employees hired prior to March 17, 1997, at their sole option, may make a
one-time irrevocable election to participate in a defined contribution plan
rather than the current defined benefit pension plan, with the City
contribution 12% of the employee's wages to said plan and the employee
contributing 3 1% The employee shall have a six- (6) month window
period once the plan is announced to elect to participate in said defined
contribution plan,
The defined contribution plan shall include the current disability plan.
The City's liability for the disability benefit shall be offset (1) by any
amount which may be payable pursuant to the Workers' Compensation
Act, if applicable, and (2) by the lifetime annuity value of the employee's
401(A) defined contribution retirement account determined as of the
effective date of the employee's disability-related separation from service,
Health care provisions for employees hired prior to March 17, 1997, who
retire and having elected the defined contribution plan shall continue as in
the current plan,
EMPLOYEES HIRED AFTER MARCH 17, 1997
For employees hired after March 17, 1997, the pension provided for
employees hired after that date, following their probationary period, will
be a defined contribution pension plan with the City contributing 7% of the
employee's wages and the employee contributing 3 1%, with vesting after
four (4) years of employment;
30224
The health care benefit paid for employees hired after March 1, 1997,
upon retirement, shall be as follows
• For employees retiring with ten years of service at or after age 57, the
City will pay 50% toward the premium of the health insurance,
• For employees retiring after 15 years of service at or after age 57, the
City will pay 60% of the payments toward premiums,
• For employees retiring after 20 years of service at or after age 57, the
City will pay 75% of the payments towards premiums,
• For employees retiring after 25 years of service at or after age 57, or
as set forth under the Rule of 85, the City will pay 100% of the
payments towards premiums,
DENTAL.
ANNUAL MAXIMUM
ALLOWANCE ACCUMULATION
12/01/95 - 11/30/96 $475 00 $925 00
12/01/96 - 11/30/97 $500 00 $950 00
12/01/97 - 11/30/98 $500 00 $950 00
Effective December 1, 1996, the City will provide for each employee's
family only 50% of the fees for orthodontic services for the prevention and
correction of poorly positioned teeth for a lifetime maximum of $1,000 00
per family, limited to the employee and spouse and dependents until the
end of the year said dependents reach age 19;
OPTICAL PLAN ALTERNATIVE.
As an alternative to the plan offered, the employee may select the option
of having the amounts shown below apply once every two (2) years to the
provider of the employee's choice subject to submission of proof of billing
and proof of payment. This is provided for one (1) family member only,
and is in lieu of coverage for remainder of the family;
12/01/95 12/01/96 12/01/97
$75 00 $100 00 $100 00
HEALTH CARE.
The current plan and current provisions will be continued, except that
prescription coverage will be the Blue Cross/Blue Shield Preferred RX
Plan or an equivalent prescription drug plan,
the Council does hereby concur in and approve of the aforesaid action in
the manner and form herein submitted
30225
A roll call vote was taken on the foregoing resolution with the following result:
AYES Vandersloot, Taylor, Duggan, and Laura
NAYS Feenstra and Brosnan
The President declared the resolution adopted
On a motion by Taylor, supported by Duggan, it was
#434-97 RESOLVED, that having considered a communication from
the Mayor, dated May 9, 1997, which bears the signature of the Director
of Finance, and which recommends certain salary and fringe benefit
adjustments for Appointed Salaried Deputy and Department Head
Classifications, for the period December 1, 1995 through November 30,
1998, which are as follows
WAGE ADJUSTMENT *
12/01/95 - 11/30/96 3% (Retroactively Applied)
12/01/96 - 02/28/97 3% (Retroactively Applied)
03/01/97 - 11/30/97 1% (Partial Retroactively Applied)
12/01/97 - 11/30/98 3%
*BONUS $100 00 to be paid to each employee
LONGEVITY PAY Will remain as is, except that there will be a "me too"
clause that if for any period during the life of the Agreement the City
negotiates with any bargaining unit a higher longevity provision, then this
shall be extended to others for said period,
PENSIONS
EMPLOYEES HIRED PRIOR TO MARCH 17, 1997
Current employees' retirement will be pursuant to the Rule of 85 Social
Security cut-off will be eliminated The total maximum pension payable by
the City will be 75%,
Employees hired prior to March 17, 1997, at their sole option, may make a
one-time irrevocable election to participate in a defined contribution plan
rather than the current defined benefit pension plan, with the City
contribution 12% of the employee's wages to said plan and the employee
contributing 3 1% The employee shall have a six- (6) month window
period once the plan is announced to elect to participate in said defined
contribution plan,
30226
The defined contribution plan shall include the current disability plan
The City's liability for the disability benefit shall be offset (1) by any
amount which may be payable pursuant to the Workers' Compensation
Act, if applicable, and (2) by the lifetime annuity value of the employee's
401(A) defined contribution retirement account determined as of the
effective date of the employee's disability-related separation from service,
Health care provisions for employees hired prior to March 17, 1997, who
retire and having elected the defined contribution plan shall continue as in
the current plan,
EMPLOYEES HIRED AFTER MARCH 17, 1997
For employees hired after March 17, 1997, the pension provided for
employees hired after that date, following their probationary period, will
be a defined contribution pension plan with the City contributing 7% of the
employee's wages and the employee contributing 3 1%, with vesting after
four (4) years of employment;
The health care benefit paid for employees hired after March 1, 1997,
upon retirement, shall be as follows
• For employees retiring with ten years of service at or after age 57, the
City will pay 50% toward the premium of the health insurance,
• For employees retiring after 15 years of service at or after age 57, the
City will pay 60% of the payments toward premiums,
• For employees retiring after 20 years of service at or after age 57, the
City will pay 75% of the payments towards premiums,
• For employees retiring after 25 years of service at or after age 57, or
as set forth under the Rule of 85, the City will pay 100% of the
payments towards premiums,
DENTAL.
ANNUAL MAXIMUM
ALLOWANCE ACCUMULATION
12/01/95 - 11/30/96 $475 00 $925 00
12/01/96 - 11/30/97 $500 00 $950 00
12/01/97 - 11/30/98 $500 00 $950 00
Effective December 1, 1996, the City will provide for each employee's
family only 50% of the fees for orthodontic services for the prevention and
correction of poorly positioned teeth for a lifetime maximum of$1,000 00
per family, limited to the employee and spouse and dependents until the
end of the year said dependents reach age 19,
30227
OPTICAL PLAN ALTERNATIVE
As an alternative to the plan offered, the employee may select the option
of having the amounts shown below apply once every two (2) years to the
provider of the employee's choice subject to submission of proof of billing
and proof of payment. This is provided for one (1) family member only,
and is in lieu of coverage for remainder of the family;
12/01/95 12/01/96 12/01/97
$75 00 $100 00 $100 00
HEALTH CARE.
The current plan and current provisions will be continued, except that
prescription coverage will be the Blue Cross/Blue Shield Preferred RX
Plan or an equivalent prescription drug plan,
the Council does hereby concur in and approve of the aforesaid action in
the manner and form herein submitted
A roll call vote was taken on the foregoing resolution with the following result:
AYES Vandersloot, Taylor, Duggan, and Laura.
NAYS Feenstra and Brosnan
The President declared the resolution adopted
During audience communication, Bill Craig, 20050 Milburn, referenced an
article in the May 1, 1997, Livonia Observer re the rezoning on Sunset Boulevard,
north of Fargo Avenue (Item #26 on the Agenda), and inquired about the approval
process
On a motion by Taylor, seconded by Brosnan, and unanimously adopted,
this 1,344th Regular Meeting of the Council of the City of Livonia was adjourned at
10.30 p m , May 14, 1997
Jo K6s-aA/L -fyvy (ie,iitm--
McCotter, City Clerk