HomeMy WebLinkAboutCOUNCIL MINUTES 1997-06-23 30302
MINUTES OF THE ONE THOUSAND THREE HUNDRED AND FORTY-SEVENTH
REGULAR MEETING OF THE COUNCIL OF THE CITY OF LIVONIA
On June 23, 1997, the above meeting was held at the City Hall, 33000
Civic Center Drive, Livonia, Michigan, and was called to order by the Vice President of
the Council at 8 04 p m Councilmember McGee delivered the invocation
Roll was called with the following result: Michael P McGee, Gerald
Taylor, Brian Duggan, Fernon P Feenstra, and Maureen Miller Brosnan Absent: Val
Vandersloot (family illness) and Joe Laura (representing the City in another capacity)
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, Michael T Slater, Director of Finance, Linda
McCann, Director of Community Resources, David Woodcox, Sr Building Inspector; Al
Flores, Greenmead 2000; and Yvonne Lillibridge, President of Local 192.
On a motion by Taylor, seconded by McGee, and unanimously adopted, it
was.
#533-97 RESOLVED, that the minutes of the 1,346th Regular
Meeting of the Council of the City of Livonia, held June 11, 1997, are
hereby approved as submitted.
No one from the audience spoke at this time
Vice President Brosnan requested an update from the Department of
Public Works with regard to the Edgewood and Ellen Sewer Project.
At the direction of the Chair, Items #8 and 12 were removed from the
Consent portion of the Agenda.
On a motion by Taylor, seconded by Duggan, it was
#534-97 RESOLVED, that having considered an application from Sue
Skaggs, 13995 Blackburn, dated June 3, 1997, requesting permission to
close Blackburn Street between Scone and Perth on Saturday, July 19,
1997, from 2 00 p m to 1000 p m for the purpose of conducting a block
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party, the Council does hereby grant permission as requested, including
therein permission to conduct the said affair on Saturday, July 26, 1997,
in the event of inclement weather, the action taken herein being made
subject to the approval of the Police Department.
#535-97 RESOLVED, that having considered an application from
Dawn Franklin, 35474 Orangelawn, dated May 29, 1997, requesting
permission to close Orangelawn between Yale and Arthur on Saturday,
August 9, 1997, from 2 30 p m to 1000 p m for the purpose of
conducting a casual wedding reception, the Council does hereby grant
permission as requested, the action taken herein being made subject to
the approval of the Police Department.
#536-97 RESOLVED, that having considered an application from
Debbie Perrin, 17250 Ellen Drive, dated May 30, 1997, requesting
permission to close Ellen Drive north of Six Mile to the intersection of
Ellen Drive and Vargo Avenue on Saturday, August 16, 1997, from 2.00
p m to 1000 p m. for the purpose of conducting a block party, the Council
does hereby grant permission as requested, the action taken herein being
made subject to the approval of the Police Department.
#537-97 RESOLVED, that having considered a letter from Jackie
Furtak, Chairperson of the Frost PTSA Craft Show, dated May 21, 1997,
which requests permission to display two signs announcing the craft
show, which signs are approximately 62" x 31" in size and which will be
located at the corners of Farmington/Lyndon and Schoolcraft/Stark Road,
and which signs would be displayed from October 11, 1997, through
November 2, 1997, the Council does hereby grant and approve this
request in the manner and form herein submitted
#538-97 RESOLVED, that having considered a communication from
Edward C Harden, 36876 Munger Street, Livonia, Michigan 48154, with
respect to certain sidewalk, drainage and related problems on his
property and adjoining properties, the Council does hereby refer this
matter to the Department of Public Works - Engineering Division for its
report and recommendation
#539-97 RESOLVED, that pursuant to Section 21 02 of the Zoning
Ordinance of the City of Livonia, Ordinance No 543, as amended, and
Section 5 of Act 207 of the Public Acts of Michigan of 1921, as amended,
Thomas J Hagan, Jr , 31062 Pembroke, Livonia, Michigan 48152, is
hereby reappointed to the Zoning Board of Appeals for a three-year term
expiring July 12, 2000, with all the authority and duties as set forth in the
said Zoning Ordinance and Act 207
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A communication from the Office of the City Clerk, dated June 3, 1997, re
forwarding the tax rate for the Schoolcraft Community College District for 1997, was
received and placed on file for the information of the Council
#540-97 RESOLVED, that having considered a communication from
the Director of Public Works - Engineering Division, dated June 5, 1997,
which bears the signature of the Director of Finance, is approved as to
form by the City Attorney, and approved for submission by the Mayor, to
which is attached a proposed agreement between the State of Michigan
Department of Transportation and the City of Livonia for the resurfacing of
northbound 1-275 from 1-96 to Five Mile Road for the estimated total cost
of $187,000 00 of which the City of Livonia's participation is estimated at
$2,300 00, the Council does hereby authorize the Mayor and City Clerk to
execute the agreement, for and on behalf of the City of Livonia, as well as
to do all other things necessary or incidental to the full performance of
this resolution, FURTHER, the Council does hereby appropriate and
authorize the expenditure of a sum not to exceed $2,300 00 from the
General Obligation Road Improvement Bond Issue for this purpose.
#541-97 RESOLVED, that having considered the report and
recommendation of the Department of Law, dated June 10, 1997,
approved for submission by the Mayor, and a subsequent communication,
dated June 12, 1997, approved for submission by the Mayor, wherein it is
recommended that certain right-of-way associated with the Seven Mile
Road Reconstruction Project in the Southwest 1/4 of Section 4 and the
Southeast 1/4 of Section 5 be conveyed to the City of Livonia with a
reservation of the dedicated right-of-way, the legal description of which is
as follows
The South 60 feet of the following described parcel
The S E 1/4 of Section 5, T I S , R. 9 E , City of Livonia, Wayne
County, Michigan, except the South 396 feet of the East 247 50
feet of the West 412 50 feet thereof, also except the South 716 feet
of the East 247 50 feet of the West 1/2 of the West 1/2 of the S E.
1/4 of Section 5 (Seven Mile Road right-of-way)
Tax Parcel No 020-99-0002-000
AND
The South 60 feet of the following described parcel
The West 50 acres of the S W 1/4 of Section 4, T 1S , R 9E., City
of Livonia, Wayne County, Michigan, except an 86 foot right-of-
way, the centerline of which is described as beginning North 60
feet from the S W corner of Section 4, thence North 15 23 feet;
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thence on a curve to the right arc 314 16 feet, radius 600 feet;
thence North 30°00'00" East, 512 05 feet; thence on a curve to the
left arc 209 44 feet, radius 400 feet; thence due North 1541 32 feet
to the point of ending (Seven Mile Road right-of-way) Tax Parcel
No 015-99-0001-001
the Council does hereby authorize the Mayor and City Clerk, for and on
behalf of the City of Livonia, to execute proper Deeds of Conveyance from
the City of Livonia to the City of Livonia with the reservation of the
dedicated Seven Mile Road right-of-way, subject to approval as to form by
the Department of Law
#542-97 RESOLVED, that having considered the report and
recommendation of the Department of Law, dated June 10, 1997,
approved for submission by the Mayor, and a subsequent communication,
dated June 12, 1997, approved for submission by the Mayor, wherein it is
recommended that certain right-of-way associated with the Seven Mile
Road Reconstruction Project in the Southwest 1/4 of Section 4 and the
Southeast 1/4 of Section 5 be conveyed to Wayne County, the legal
description of which is as follows
The South 60 feet of the following described parcel
The S E 1/4 of Section 5, T I S , R. 9 E , City of Livonia, Wayne
County, Michigan, except the South 396 feet of the East 247 50
feet of the West 412 50 feet thereof, also except the South 716 feet
of the East 247 50 feet of the West 1/2 of the West 1/2 of the S E
1/4 of Section 5 (Seven Mile Road right-of-way)
Tax Parcel No 020-99-0002-000
AND
The South 60 feet of the following described parcel
The West 50 acres of the S W 1/4 of Section 4, T 1S , R. 9E , City
of Livonia, Wayne County, Michigan, except an 86 foot right-of-
way, the centerline of which is described as beginning North 60
feet from the S W corner of Section 4, thence North 15.23 feet;
thence on a curve to the right arc 314 16 feet, radius 600 feet,
thence North 30°00'00" East, 512 05 feet; thence on a curve to the
left arc 209 44 feet, radius 400 feet; thence due North 1541 32 feet
to the point of ending (Seven Mile Road right-of-way) Tax Parcel
No 015-99-0001-001
the Council does hereby authorize the Mayor and City Clerk, for and on
behalf of the City of Livonia, to execute proper Deeds of Conveyance of
the aforesaid Seven Mile Road right-of-way to the County of Wayne,
subject to approval as to form by the Department of Law
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A communication from the Engineering Division, dated May 20, 1997, re
administrative response to CR 408-97 - subject of possible drainage problems in
connection with a lot split by Joe Rotondo at 18355 and 18357 Loveland -was received
and placed on file for the information of the Council
#543-97 RESOLVED, that having considered a communication from
the City Planning Commission, dated June 9, 1997, which transmits its
resolution 6-94-97 adopted on June 3, 1997, with regard to Petition 97-5-
8-12 submitted by Dale Steltzner, on behalf of Quality Inn & Suites,
requesting site plan approval in connection with a proposal to construct a
porte-cocher to the motel located at 30375 Plymouth Road in the
Northwest 1/4 of Section 35, pursuant to the provisions set forth in
Section 18 47 of Ordinance No 543, as amended, the Council does
hereby concur in the recommendation of the Planning Commission and
Petition 97-5-8-12 is hereby approved and granted, subject to the
following conditions
1 That the Site and Landscape Plan marked Sheet 1 dated May 25,
1997, as revised, prepared by Designs Plus Inc., is hereby
approved and shall be adhered to,
2 That all planted materials, existing and proposed, shall be installed
to the satisfaction of the Inspection Department and thereafter
permanently maintained in a healthy condition,
3 That underground sprinklers are to be provided for all new and
existing landscaped and sodded areas,
4 That this establishment's entire parking lot shall be repaired,
resealed and the parking spaces shall be double striped as part of
the renovation,
5 That all existing light standards shall be shielded or relocated so
that light spillage is screened from the abutting residential
properties,
6 That the Building Exterior Elevation Plans marked Sheets 5 and 6,
dated May 25, 1997, as revised, prepared by Design Plus, Inc., is
hereby approved and shall be adhered to, and
7 That the dumpster enclosure shall be replaced with more
appropriate materials as required by the Zoning Ordinance
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#544-97 RESOLVED, that having considered the report and
recommendation of the Director of Public Works, dated June 10, 1997,
which bears the signature of the Director of Finance and is approved for
submission by the Mayor, with respect to the selection of a design
consultant for the reconstruction of Seven Mile Road between Newburgh
and Farmington, the Council does hereby approve of the procedure for
selection of a design consultant through the pre-qualification process as
set forth in the aforementioned report and recommendation, and the
administration is hereby authorized to enter into negotiations with the
consultant selected pursuant to such procedure with the proposed
agreement to thereafter be submitted to Council for its consideration,
FURTHER, the Council does hereby refer this item to the Streets, Roads
and Plats Committee for further consideration
A roll call vote was taken on the foregoing resolutions with the following result:
AYES McGee, Taylor, Duggan, Feenstra, and Brosnan
NAYS None
On a motion by McGee, seconded by Taylor, and unanimously adopted, it
was.
#545-97 RESOLVED, that having considered a communication from
the Chairperson of the Livonia Historical Commission, dated June 6,
1997, approved by the Director of Community Resources and approved
for submission by the Mayor, to which is attached a letter from Al Flores,
on behalf of Greenmead 2000, requesting permission to hold an outdoor
benefit concert at Greenmead on Saturday, July 12, 1997, the Council
does hereby grant permission as requested, the action taken herein being
subject to the following conditions.
1 That the Hearts of Livonia on behalf of Greenmead 2000 shall
provide the City of Livonia with appropriate insurance policies
naming the City of Livonia as additional insured with liability
coverage of$1 million, and all certificates of insurance shall be
submitted to the Department of Law for approval by the City prior to
the event;
2 That the Hearts of Livonia on behalf of Greenmead 2000 shall
provide the City of Livonia with an insurance policy naming the City
of Livonia as additional insured with liquor liability coverage in the
amount of$1 million, such certificate to be submitted to the
Department of Law for approval by the City prior to the event;
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3 That Greenmead 2000 shall execute a holdharmless agreement in
favor of the City of Livonia in a manner and form acceptable to the
Department of Law; and
4 That all vendors must obtain transient merchant licenses from the
City of Livonia prior to the event, and all necessary licenses and
permits from state and county agencies prior to the event;
FURTHER, the Council does hereby approve the request to waive fees in
connection with this event in accordance with Category I of the City of
Livonia Fees/Waivers Category Grid as established in Council Resolution
371-93, adopted on May 5, 1993, and does further approve the request to
sell raffle tickets on the grounds of Greenmead in connection with this
event.
On a motion by McGee, seconded by Duggan, and unanimously adopted,
it was.
#546-97 RESOLVED, that the Council does hereby refer to the
Department of Law for a report and recommendation to be submitted to
Council within 30 days with respect to the policy regarding the sale and
use of alcohol on City parks
A communication from the Department of Law, dated June 20, 1997, re
the policies and procedures governing the sale of beer in connection with events at
Greenmead was received and placed on file for the information of the Council
On a motion by Duggan, it was.
RESOLVED, that having considered a communication from
the City Planning Commission, dated June 9, 1997, which transmits its
resolution 6-89-97 adopted on June 3, 1997, with regard to Petition 95-6-
8-12 submitted by Albert Abbo & Associates, on behalf of the Nicholas
Plaza, requesting approval to revise the site and landscape plans that
were approved with this petition for the property located at 31429
Schoolcraft Road in the Northwest 1/4 of Section 26, the Council does
hereby concur in the recommendation of the Planning Commission and
Petition 95-6-8-12 is hereby approved and granted, subject to the
following conditions
Li That the revised Site and Landscape Plan submitted by the
Nicholas Plaza Shopping Center, as received by the Planning
Commission on May 12, 1997, is hereby approved and shall be
adhered to and shall supersede the approval as set forth in
Planning Commission Resolution 6-127-95, and
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2. That the parking lot shall be double striped
The Vice President declared the motion failed for lack of support.
On a motion by Feenstra, seconded by McGee, and unanimously
adopted, it was
#547-97 RESOLVED, that having considered a communication from
the City Planning Commission, dated June 9, 1997, which transmits its
resolution 6-89-97 adopted on June 3, 1997, with regard to Petition 95-6-
8-12 submitted by Albert Abbo & Associates, on behalf of the Nicholas
Plaza, requesting approval to revise the site and landscape plans that
were approved with this petition for the property located at 31429
Schoolcraft Road in the Northwest 1/4 of Section 26, the Council does
hereby refer this matter to the Committee of the Whole for its report and
recommendation
Vice President Brosnan recognized and congratulated four (4) Livonia
high school students (Miss Heather Knapp, Miss Leslie Knapp, Miss Audrey Lefler, and
Miss Julie Jasinski) who were present in the audience and who were selected as
student ambassadors by the International People to People Program to represent
Livonia, Michigan These student ambassadors will be part of the 41 member
Southeastern Michigan contingency and will be representing American youth in New
Zealand and Australia this summer
On a motion by McGee, seconded by Feenstra, and unanimously
adopted, it was.
#548-97 RESOLVED, that having considered the report and
recommendation of the Finance, Insurance and Budget Committee, dated
June 10, 1997, submitted pursuant to Council Resolution 321-97, and the
report and recommendation of the Director of Finance, dated April 11,
1997, approved for submission by the Mayor, regarding the selection of
an investment administrator for a defined contribution (401-A) retirement
plan and a subsequent communication from the Director of Finance,
dated April 18, 1997, approved for submission by the Mayor, to which is
attached an endorsement by the Michigan Municipal League of ICMA
Retirement Corporation, the Council does hereby reject the
recommendation of the administration with regard to the selection of an
investment advisor for the City's defined contribution 401-A retirement
plan and does hereby request that the administration seek proposals from
qualified bidders and submit the names of three recommended firms to
the Finance, Insurance and Budget Committee to conduct interviews with
such firms in connection with the selection of an investment advisor;
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FURTHER, the Council does hereby direct that this matter remain in
committee
A communication from the Department of Law, dated June 9, 1997, re
administrative response to CR 332-97 - Nonconforming Use origin of one-year
discontinuance provision in Sections 18 18(b) and (e) of Zoning Ordinance 543 and
length of time period which would justify loss of nonconforming use -was received and
placed on file for the information of the Council
A communication from the Department of Law, dated June 9, 1997, re
administrative response to CR 333-97 - proposed ordinance amendment to Section
22 11 of Article XXII of Zoning Ordinance No 543 (to provide for licensure of an illegal,
nonconforming use for RUF property) - was received and placed on file for the
information of the Council
A communication from the Inspection Department, dated June 11, 1997,
re administrative response to CR 335-97 - the maintenance of George's Livonia
Gardens, 31405 Seven Mile, Glenda's Market, 36500 Seven Mile, and Valley Nursery,
20315 Merriman -was received and placed on file for the information of the Council
A communication from Glenda's Garden Center, dated April 19, 1997, re
indicating the items being sold at their center was received and placed on file for the
information of the Council
A communication from the law offices of Brashear, Tangora and Spence,
LLP on behalf of George's Livonia Gardens, dated April 23, 1997, re indicating the
items that are either being sold or have been sold at this market was received and
placed on file for the information of the Council
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A communication from Valley Nursery, dated April 28, 1997, re indicating
the items sold at the nursery during 1996, was received and placed on file for the
information of the Council
On a motion by Feenstra, seconded by Taylor, and unanimously adopted,
it was
#549-97 RESOLVED, that having considered the report and
recommendation of the Legislative Committee, dated June 17, 1997,
submitted pursuant to Council Resolutions 1164-96 and 1167-96,
regarding nonconforming uses of property and determination of whether
such uses are valid nonconforming uses (e.g., George's Livonia Gardens
located at 31405 Seven Mile Road and Glenda's Market located at 36500
Seven Mile Road) and the possibility of additional controls over illegal,
unlicensed uses of property, the Council does hereby refer the subject of
the acquisition of necessary rights-of-way on the south side of Seven Mile
Road just west of Merriman Road to the Department of Law and the
Department of Public Works - Engineering Division to begin negotiations
to acquire same and to submit a report and recommendation to the
Council with regard to this subject by July 7, 1997
On a motion by Feenstra, seconded by Taylor, and unanimously adopted,
it was
#550-97 RESOLVED, that having considered the report and
recommendation of the Legislative Committee, dated June 17, 1997,
submitted pursuant to Council Resolutions 1164-96 and 1167-96,
regarding nonconforming uses of property and determination of whether
such uses are valid nonconforming uses (e.g., George's Livonia Gardens
located at 31405 Seven Mile Road and Glenda's Market located at 36500
Seven Mile Road), and the report and recommendation of the Department
of Law, dated June 9, 1997, submitted pursuant to Council Resolution
333-97, the Council does hereby request that the Department of Law
submit further clarification regarding the use of the term "all
nonconforming uses" on page 2 of the aforementioned report and
recommendation with respect to the proposed ordinance amendment to
Section 22 11 of Article XXII of Zoning Ordinance No 543
Feenstra gave first reading to the following Ordinance
AN ORDINANCE ADDING SUBSECTION 17 AND 18 OF
SECTION 2.02 AND ADDING SUBSECTION 10 OF SECTION
2 07 OF ARTICLE II AND ADDING SECTIONS 61, 62, 63 AND
64 OF SECTION 18 OF ARTICLE XVIII OF ORDINANCE NO
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543, AS AMENDED, KNOWN AND CITED AS "THE CITY OF
LIVONIA ZONING ORDINANCE" (Petition 96-12-6-9)
The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in the
Office of the City Clerk and is the same as if word for word repeated herein The above
Ordinance was placed on the table for consideration at the next regular meeting
Feenstra took from the table, for second reading and adoption, the
following Ordinance
AN ORDINANCE AMENDING SECTION 100 OF TITLE 9,
CHAPTER 56 (MALICIOUS MISCHIEF) OF THE LIVONIA
CODE OF ORDINANCES, AS AMENDED
A roll call vote was taken on the foregoing Ordinance with the following result:
AYES McGee, Taylor, Duggan, Feenstra, and Brosnan
NAYS None
The Vice President declared the foregoing Ordinance duly adopted, and would become
effective on publication
Taylor took from the table, for second reading and adoption, the following
Ordinance
AN ORDINANCE AMENDING SECTION 011 OF TITLE 10,
CHAPTER 36 (OPERATING VEHICLE WHILE UNDER
INFLUENCE OF LIQUOR AND/OR CONTROLLED SUBSTANCE)
OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED
A roll call vote was taken on the foregoing Ordinance with the following result:
AYES McGee, Taylor, Duggan, Feenstra, and Brosnan
NAYS None
The Vice President declared the foregoing Ordinance duly adopted, and would become
effective on publication
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Feenstra took from the table, for second reading and adoption, the
following Ordinance
AN ORDINANCE AMENDING SECTION 050 OF TITLE 15,
CHAPTER 04 (BUILDING CODES) AND SECTIONS 030, 160
AND 165 OF TITLE 15, CHAPTER 32 (PROPERTY
MAINTENANCE CODES) OF THE LIVONIA CODE OF
ORDINANCES, AS AMENDED
A roll call vote was taken on the foregoing Ordinance with the following result:
AYES McGee, Taylor, Duggan, Feenstra, and Brosnan
NAYS None
The Vice President declared the foregoing Ordinance duly adopted, and would become
effective on publication
Duggan took from the table, for second reading and adoption, the
following Ordinance
AN ORDINANCE AMENDING SUBSECTIONS 010, 020 AND
030 OF TITLE 5, CHAPTER 36 (GASOLINE SERVICE STATIONS
AND TOWING OPERATIONS) OF THE LIVONIA CODE OF
ORDINANCES, AS AMENDED
A roll call vote was taken on the foregoing Ordinance with the following result:
AYES McGee, Taylor, Duggan, Feenstra, and Brosnan
NAYS None
The Vice President declared the foregoing Ordinance duly adopted, and would become
effective on publication
Councilmember Taylor requested the Department of Law to seek a report
from the Division of Police regarding towing procedures
Feenstra took from the table, for second reading and adoption, the
following Ordinance
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AN ORDINANCE AMENDING SECTION 190 OF TITLE 10,
CHAPTER 48 (STOPPING, STANDING, PARKING AND
LOADING) OF THE LIVONIA CODE OF ORDINANCES,
AS AMENDED
A roll call vote was taken on the foregoing Ordinance with the following result:
AYES McGee, Taylor, Duggan, Feenstra, and Brosnan
NAYS None
The Vice President declared the foregoing Ordinance duly adopted, and would become
effective on publication
Taylor took from the table, for second reading and adoption, the following
Ordinance
AN ORDINANCE AMENDING SECTION 12 OF THE ZONING
MAP OF THE CITY OF LIVONIA AND AMENDING ARTICLE III
OF ORDINANCE NO 543, AS AMENDED, KNOWN AND CITED
AS "THE CITY OF LIVONIA ZONING ORDINANCE" BY ADDING
SECTION 3 THERETO (Petition 96-11-1-24)
A roll call vote was taken on the foregoing Ordinance with the following result:
AYES McGee, Taylor, Feenstra, and Brosnan
NAYS Duggan
The Vice President declared the foregoing Ordinance duly adopted, and would become
effective on publication
Taylor took from the table, for second reading and adoption, the following
Ordinance
AN ORDINANCE AMENDING SECTION 32 OF THE ZONING
MAP OF THE CITY OF LIVONIA AND AMENDING ARTICLE III
OF ORDINANCE NO 543, AS AMENDED, KNOWN AND CITED
AS "THE CITY OF LIVONIA ZONING ORDINANCE" BY ADDING
SECTION 3 THERETO (Petition 97-1-1-1)
A roll call vote was taken on the foregoing Ordinance with the following result:
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AYES McGee, Taylor, Duggan, Feenstra, and Brosnan
NAYS None
The Vice President declared the foregoing Ordinance duly adopted, and would become
effective on publication
Feenstra took from the table, for second reading and adoption, the
following Ordinance
AN ORDINANCE AMENDING SECTIONS 010 AND 020 OF
CHAPTER 87 (TOY VEHICLES) OF TITLE 10 OF THE
LIVONIA CODE OF ORDINANCES, AS AMENDED
A roll call vote was taken on the foregoing Ordinance with the following result:
AYES McGee, Taylor, Duggan, Feenstra, and Brosnan
NAYS None
The Vice President declared the foregoing Ordinance duly adopted, and would become
effective on publication
Duggan took from the table, for second reading and adoption, the
following Ordinance
AN ORDINANCE AMENDING SECTION 31 03 OF ARTICLE XXXI
OF ORDINANCE NO 543, AS AMENDED, KNOWN AND CITED
AS "THE CITY OF LIVONIA ZONING ORDINANCE"
(Petition 96-11-6-8)
A roll call vote was taken on the foregoing Ordinance with the following result:
AYES McGee, Taylor, Duggan, Feenstra, and Brosnan
NAYS None
The Vice President declared the foregoing Ordinance duly adopted, and would become
effective on publication
On a motion by Feenstra, seconded by Duggan, it was
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#551-97 RESOLVED, that having considered a communication from
the City Assessor, dated May 29, 1997, approved for submission by the
Mayor, with regard to a request from Steve Summers of Twin Valley
Corp , 24189 Twin Valley Court, Farmington, Michigan 48024, on behalf
of Anthony Stencel, 1095 Alden Nash, Lowell, Michigan 49331, 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 46 009 99 0058 000 into
two (2) parcels, the legal descriptions of which shall read as follows
PARCEL A.
The West 75 ft. of the following described property
The Westerly 150 ft. of the North 1/2 of the Northeast 1/4 of the Northeast
1/4 of the Southwest 1/4 of the Northeast 1/4 of Section 3, Town 1 South,
Range 9 East, City of Livonia, Wayne County, Michigan, excepting
therefrom the Northerly 25 ft. for highway purposes
PARCEL B.
The East 75 ft. of the following described property
The Westerly 150 ft. of the North 1/2 of the Northeast 1/4 of the Northeast
1/4 of the Southwest 1/4 of the Northeast 1/4 of Section 3, Town 1 South,
Range 9 East, City of Livonia, Wayne County, Michigan, excepting
therefrom the Northerly 25 ft. for highway purposes
as shown on the map attached to the aforesaid communication which is
made a part hereof by reference, and the City Clerk is hereby requested
to cause a certified copy of this resolution to be recorded in the Office of
the Wayne County Register of Deeds, provided, however, that to the
extent required by law and City ordinance, the action herein is made
subject to the approval of the Zoning Board of Appeals
A roll call vote was taken on the foregoing resolution with the following result:
AYES Taylor, Duggan, Feenstra, and Brosnan
NAYS McGee
The Vice President declared the resolution adopted
On a motion by Feenstra, seconded by Taylor, and unanimously adopted,
it was
#552-97 RESOLVED, that having considered a letter from the
Michigan Liquor Control Commission, dated March 17, 1997, and the
report and recommendation of the Chief of Police, dated May 23, 1997,
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approved for submission by the Mayor, regarding a request from Aouns
Party Store & Deli, Inc. to transfer ownership of 1996 SDM licensed
business from Calo Companies, Inc. to a business located at 34395
Plymouth, Livonia, Michigan, Wayne County, the Council does hereby
recommend denial of this request inasmuch as the applicant has failed to
comply with the standard investigative procedure conducted by the Police
Department in connection with this request; and the City Clerk is hereby
requested to forward a certified copy of this resolution to the Michigan
Liquor Control Commission
On a motion by Taylor, seconded by Duggan, it was
#553-97 RESOLVED, that having considered the report and
recommendation of the Director of Finance, dated June 9, 1997, approved
for submission by the Mayor, submitted pursuant to Council Resolution
252-97, and which submits competitive bids received in connection with
the sale of City-owned property located at 34601 Plymouth Road, more
particularly described as
Supervisor's Livonia Plat No 1, T 1 S , R. 9 E , as recorded in
Liber 65, Page 52 of Wayne County Records Lots 2 and 3, except
the South 165 feet and the North 27 feet thereof, also the East
76 24 feet of Lot 4, except the South 165 feet and the North 27 feet
thereof, City of Livonia, Wayne County, Michigan.
the Council does hereby accept the bid and authorize the sale of the
aforesaid City-owned property to Alan Tanski, 34715 Plymouth Road,
Livonia, Michigan 48150, for a total purchase price of$215,000 00, which
sale is conditioned upon the following.
1 That the Purchaser will provide such title work as may be required
for this transaction,
2 That the Purchaser agrees to assume all costs and liability
associated with environmental contamination, if any;
3 That the Purchaser agrees to remove all junk and debris from the
property within ninety (90) days from the date of closing,
4 That the Purchaser agrees to complete demolition of the buildings
to be demolished as set forth in the City's appraisal of the property
within ninety (90) days from the date of closing, and
5 That the purchase is subject to any conditions imposed by the
Michigan Department of Environmental Quality, if any;
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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, FURTHER, the Council does
hereby direct that the proceeds from the sale of this property shall be
deposited in Account No 101-000-680-000, Sale of Fixed Assets, and the
Council does hereby approve budget adjustments as follows
Account Name Account No. Debit Credit
Sale of Fixed Assets 101-000-680-000 $215,000 00
Contribution to PRDA 101-805-965-262 $ 2,655 00
Capital Outlay-Building 101-902-975-000 212,345 00
Contribution from General Fund 262-000-691-101 2,655 00
PRDA Fund Balance 262-009-699-999 2,655 00
Senior Housing Land 401-000-972-293 212,345 00
Contribution from General Fund 401-000-691-000 212,345 00
A roll call vote was taken on the foregoing resolution with the following result:
AYES Taylor, Duggan, Feenstra, and Brosnan
NAYS McGee
The Vice President declared the resolution adopted
On a motion by Taylor, seconded by McGee, and unanimously adopted, it
was
#554-97 RESOLVED, that having considered a communication from
the City Planning Commission, dated May 21, 1997, which transmits its
resolution 5-85-97 adopted on May 13, 1997, with regard to Petition 97-5-
8-11 submitted by Seigfreid, Edwards & Associates, on behalf of
Walgreens, requesting site plan approval in connection with a proposal to
construct a commercial building on property located at 17700 Middlebelt
Road in the Southwest 1/4 of Section 12, 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 97-5-8-11 is hereby approved and granted, subject to the
following conditions
1 That the Site and Landscape Plan dated May 16, 1997, prepared
by Seigfreid, Edwards & Associates, is hereby approved and shall
be adhered to,
30319
2 That the parking spaces for the entire site shall be 10' x 20' and
3 shall be double striped,
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 all light standards shall be shielded from the adjacent
properties and shall not exceed 20 feet in height;
5 That the Exterior Building Elevation Plan, as revised, prepared by
Seigfreid, Edwards & Associates, is hereby approved and shall be
adhered;
6 That this approval does not authorize consent of any signage
shown on the plans and that all signage shall come back before
the Planning Commission and City Council for their review and
approval; and
7 That the petitioner is willing to extend the greenbelt up to the
awnings.
A communication from Paul C DePalma, President, Modern Building
Corporation, dated May 28, 1997, re decreasing the number of detached
condominiums to be constructed relevant to Petition 96-10-2-28 from four (4) to three
(3) was received and placed on file for the information of the Council
On a motion by Duggan, seconded by Taylor, and unanimously adopted,
it was.
#555-97 RESOLVED, that having considered a communication from
the City Planning Commission, dated December 3, 1996, which transmits
its resolution 11-209-96, adopted on November 19, 1996, with regard to
Petition 96-10-2-28, submitted by Paul DePalma requesting waiver use
approval to construct detached condominiums on property located on the
west side of Hubbard Road north of West Chicago in the Northwest 1/4 of
Section 34, which property is zoned R-1, the Council does hereby concur
in the recommendation made by the City Planning Commission and
Petition 96-10-2-28 (as revised pursuant to the May 28, 1997, letter from
Paul DePalma) is hereby approved and granted, subject to the following
conditions
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1 That the Site Plan dated October 2, 1996, prepared by William L.
Roskelly, Land Surveyor, which is hereby approved, shall be
adhered to, and
2 That the Building Elevation Plans marked Plans 1 and 2 received
by the Planning Commission on November 7, 1996, which are
hereby approved shall be adhered to with the added requirement
that there shall be an increase in the percentage of brick on the
front elevations and that there shall be more variation between the
building elevations of the homes
McGee made the following disclosure respecting a conflict of interest on this matter.
Madam Vice President, regarding this matter, as I have previously
disclosed, my law firm is acting as bond counsel to the City in this transaction,
and I therefore will abstain from any consideration of this agenda item I refer to
my prior statements and my letter dated February 24, 1992, to the City Clerk on
this subject and would ask that these remarks be made part of the official record
of this meeting. Thank you
McGee left the podium at 8 55 p m.
On a motion by Taylor, seconded by Duggan, it was.
#556-97 WHEREAS, an Installment Purchase Agreement (the
"Contract") between the City of Livonia (the "City"), Honeywell, Inc.
("Honeywell") and NBD Bank (the "Bank") for the purchase, delivery and
installation of energy conservation equipment as set forth in the City of
Livonia Municipal Services Program, Proposal No 919-9 between the
City and Honeywell (the "Equipment") all as (the "Specifications"), has
been prepared; and
WHEREAS, the purchase price of the Equipment is $3,651,237 (the
"Purchase Price"), and
WHEREAS, pursuant to the Contract, the Purchase Price will be paid by
the City in twenty (20) semi-annual principal installments, as set forth in
Exhibit A attached to the Contract, commencing January 1, 1998, and on
each July 1 and January 1, thereafter to and including July 1, 2007, with
interest payable thereon at a rate equal to 5 13% per annum, and
WHEREAS, the Contract is to be assigned to the Bank, and
WHEREAS, it is necessary to approve the Contract and authorize the
Mayor and Clerk to execute the Contract and authorize City officials to
execute certain other documentation relative thereto
NOW, THEREFORE, BE IT RESOLVED THAT
30321
1 The Contract is hereby approved substantially in the form on file
with the City Clerk. The City shall incur the debt described in the
Contract through execution of the Contract by the officers
authorized below which debt shall consist of the Purchase Price of
$3,651,237, which financed Purchase Price shall be payable in
twenty (20) semi-annual principal installments, as set forth in
Exhibit A attached to the Contract, commencing January 1, 1998,
and on each July 1 and January 1 thereafter to and including July
1, 2007, with interest payable thereon at a rate equal to 5 13% per
annum The installments of interest shall be payable semi-
annually, commencing January 1, 1998
2. The Mayor and City Clerk are hereby authorized and directed to
execute the Contract and deliver it to Honeywell, substantially in
the form on file with the City Clerk with such additions, changes
and modifications as shall be approved by the City's Bond
Counsel
3 The useful life of the Equipment is hereby determined to be not
less than twenty (20) years
4 The Mayor, City Clerk and Finance Director are each hereby
directed and authorized to execute such additional documentation
as shall be necessary to effectuate the closing of the Contract and
the assignment thereof
5 The assignment of the Contract by Honeywell to the Bank is
hereby approved
6 The City hereby agrees to include in its budget for each year
commencing with the current fiscal year, a sum which will be
sufficient to pay the principal of and interest on the Contract
coming due before the next fiscal year In addition, the City hereby
pledges to levy ad valorem taxes on all taxable property in the City
each year in an amount necessary to make its debt service
payments under the Contract, subject to applicable constitutional,
statutory and charter tax rate limitations
7 The City hereby covenants that, to the extent permitted by law, it
shall take all actions within its control necessary to maintain the
exemption of the interest on the obligations under the Contract
from general federal income taxation (as opposed to alternative
minimum or other indirect taxation) under the Internal Revenue
Code of 1986, as amended, including but not limited to actions
relating to the rebate of arbitrage earnings, if applicable, and the
expenditure and investment of proceeds of the Contract and
moneys deemed to be proceeds
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8 The City hereby indicates that its obligations under the Contract
shall be designated as "qualified tax-exempt obligations" for
purposes of deduction of interest expense by financial institutions
under the provisions of the Internal Revenue Code of 1986, as
amended.
9 All resolutions and parts of resolutions insofar as they conflict with
the provisions of this resolution be and the same hereby are
rescinded
A roll call vote was then taken on the foregoing resolution with the following result:
AYES Taylor, Duggan, Feenstra, and Brosnan.
NAYS None
The Vice President declared the resolution adopted
McGee returned to the podium at 8.56 p m
On a motion by Feenstra, seconded by Duggan, and unanimously
adopted, it was
#557-97 RESOLVED, that having considered a communication from
the City Planning Commission, dated April 21, 1997, which sets forth its
resolution 4-47-97 adopted on April 15, 1997, with regard to Petition 97-3-
1-3, submitted by J-P Properties for a change of zoning of property
located on the north side of Six Mile, west of the 1-275/96 Expressway in
the Southwest 1/4 of Section 7, from AG to P, and the Council having
conducted a public hearing with regard to this matter on June 4, 1997,
pursuant to Council Resolution 329-97, the Council does hereby approve
Petition 97-3-1-3 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 Taylor, seconded by Feenstra, it was
#558-97 RESOLVED, that having considered a communication from
the City Planning Commission, dated April 21, 1997, which sets forth its
resolution 4-51-97 adopted on April 15, 1997, with regard to Petition 97-3-
2-7, submitted by Parkside Associates, requesting waiver use approval to
30323
operate a child day care center in an existing building located on the east
side of Middlebelt Road between Six Mile Road and Pickford Avenue in
the Northwest 1/4 of Section 12, which property is zoned OS-1, and the
Council having conducted a public hearing with regard to this matter on
June 4, 1997, pursuant to Council Resolution 330-97, the Council does
hereby concur in the recommendation of the City Planning Commission
and said Petition 97-3-2-7 is hereby denied, for the same reasons as
those set forth in the action taken by the Planning Commission
The following audience members spoke in opposition to the approval of this petition.
1 Douglas Clinton, 18339 Grimm,
2. Michelle Zander, 18347 Grimm, and
3 Darwin Zander, 18347 Grimm.
A roll call vote was then taken on the foregoing resolution with the following result:
AYES McGee, Taylor, Duggan, Feenstra, and Brosnan.
NAYS None
The Vice President declared the resolution adopted
On a motion by Feenstra, seconded by Duggan, and unanimously
adopted, it was#559-97 RESOLVED, that having considered a communication from
the City Planning Commission, dated April 21, 1997, which sets forth its
resolution 4-52-97 adopted on April 15, 1997, with regard to Petition 97-3-
2-8, submitted by Michael Cross requesting waiver use approval to allow
for outdoor storage of excavating equipment on property located on the
west side of Merriman Road between Plymouth Road and Glendale
Avenue in the Southeast 1/4 of Section 27, which property is zoned M-1,
and the Council having conducted a public hearing with regard to this
matter on June 4, 1997, pursuant to Council Resolution 331-97, the
Council does hereby reject the recommendation of the City Planning
Commission and said Petition 97-3-2-8 is hereby approved and granted
subject to the condition that all outdoor storage shall be limited to the
west side of the property at the rear of the building.
On a motion by McGee, seconded by Duggan, and unanimously adopted,
it was
#560-97 WHEREAS, pursuant to Act No. 198 of the Public Acts of
1974, as amended, this Council has the authority to establish industrial
development districts within the boundaries of the City of Livonia, and
30324
WHEREAS, a proposal was made regarding the establishment of an
industrial development district encompassing land situated in the City of
t‘ Livonia and comprised of an area of approximately 2 58 acres lying in the
North 1/2 of Section 27, more particularly described in Exhibit A, attached
hereto and incorporated by reference herein, which area is hereinafter
referred to as "City of Livonia Industrial Development District No 65";
and
WHEREAS, written notice has been given by certified mail to Hart &
Leidal and its current tenant, Progress Pattern, of the Council's pending
action on this resolution and of its right to a hearing on the establishment
of proposed City of Livonia Industrial Development District No 65, and
WHEREAS, notice has been given to all interested owners, residents
and taxpayers in the Livonia area of a public hearing on the establishment
of the proposed City of Livonia Industrial Development District No 65,
and
WHEREAS, on June 16, 1997, a public hearing was held on the
establishment of proposed City of Livonia Industrial Development District
No 65, at which time Hart & Leidal and its current tenant, Progress
Pattern, and other taxpayers and residents of the City of Livonia had an
opportunity to be heard (a copy of the statements both written and oral
made at such hearing being on file with this City Council), and a
representative of Hart & Leidal attended said hearing and acknowledged
receipt of notice of such hearing on behalf of the said corporation,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
LIVONIA, AS FOLLOWS
1 An Industrial Development District is hereby established, such
district to consist of the area described in Exhibit A, attached
hereto
2. Such Industrial Development District is hereby designated as the
"City of Livonia Industrial Development District No 65 "
EXHIBIT A
That part of the North 1/2 of Section 27, T 1 S , R. 9 E , described as
beginning at a point distant S 00°17'00" E. along the North and South 1/4
line 960 64 ft., thence S 89°43'21" E. 43 0 ft. from the North 1/4 corner of
said Section 27, thence S 89°43'21" E. 100 01 ft., thence N 00°17'00"
W 50 ft., thence S 89°43'21" E. 200 01 ft., thence S 00°17'00" E.
434 52 ft., thence N 89°43'21" W 300 02 ft. to the East right-of-way line,
thence N 00°17'00" W 434 02 ft. to the point of beginning Excluding the
30325
N 60 0 ft. thereof 2 58 acres more or less Subject to easements and
restrictions of record
On a motion by Feenstra, seconded by McGee, and unanimously
adopted, it was.
#561-97 WHEREAS, pursuant to Act No 198 of the Public Acts of
1974, as amended, this Council has the authority to establish industrial
development districts within the boundaries of the City of Livonia, and
WHEREAS, a proposal was made regarding the establishment of an
industrial development district encompassing land situated in the City of
Livonia and comprised of an area of approximately 2 52 acres lying in the
Southeast 1/4 of Section 27, more particularly described in Exhibit A,
attached hereto and incorporated by reference herein, which area is
hereinafter referred to as "City of Livonia Industrial Development District
No 66"; and
WHEREAS, written notice has been given by certified mail to First
Industrial, L.P , and/or First Industrial Realty Trust, Inc., and its proposed
tenant Crucam, Inc./KEV, Inc., of the Council's pending action on this
resolution and of its right to a hearing on the establishment of proposed
City of Livonia Industrial Development District No 66, and
WHEREAS, notice has been given to all interested owners, residents
and taxpayers in the Livonia area of a public hearing on the establishment
of the proposed City of Livonia Industrial Development District No 66;
and
WHEREAS, on June 16, 1997, a public hearing was held on the
establishment of proposed City of Livonia Industrial Development District
No 66, at which time First Industrial, L.P and/or First Industrial Realty
Trust, Inc., and its proposed tenant Crucam, Inc./KEV, Inc., and other
taxpayers and residents of the City of Livonia had an opportunity to be
heard (a copy of the statements both written and oral made at such
hearing being on file with this City Council), and a representative of First
Industrial, L P and/or First Industrial Realty Trust, Inc. attended said
hearing and acknowledged receipt of notice of such hearing on behalf of
the said corporation,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
LIVONIA, AS FOLLOWS
1 An Industrial Development District is hereby established, such
district to consist of the area described in Exhibit A, attached
hereto
30326
2. Such Industrial Development District is hereby designated as the
"City of Livonia Industrial Development District No 66 "
EXHIBIT A
The City of Livonia, Wayne County, Michigan, described as Lot 22,
except the North 170 ft. thereof, and Lot 23, Farmington-Plymouth
Industrial Complex, according to the Plat thereof as recorded in
Liber 94 of Plats, Pages 46, 47, 48 and 49, Wayne County
Records, a/k/a 11844 Hubbard Drive, Livonia, Michigan.
No one wished to speak during audience communication
The 47th birthday celebration of Livonia was announced by
Councilmember Feenstra and William C Fried, Chairperson of SPREE, as beginning
on Tuesday Some of this year's events include a Saturday fireworks display, a
lumberjack show, a Bavarianfest on Friday and Saturday, and the pig races are back!
Everyone was welcome to attend the festivities
On a motion by Duggan, seconded by McGee, and unanimously adopted,
this 1,347th Regular Meeting of the Council of the City of Livonia was adjourned at 9.05
p m., June 23, 1997
ca4tmbjr
Jo McCotter, City Clerk /1