HomeMy WebLinkAboutCOUNCIL MINUTES 2000-03-22 32161
MINUTES OF THE ONE THOUSAND FOUR HUNDRED THIRTEENTH
REGULAR MEETING OF MARCH 22, 2000
On March 22, 2000, 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 8.00 p m Councilmember Vandersloot delivered the invocation
Roll was called with the following result: Val I Vandersloot, John J
Walsh*, Brian Duggan, Joe Laura, Jack Engebretson and Maureen Miller Brosnan
Absent: John R. Pastor - ill
Elected and appointed officials present: Jack E Kirksey, Mayor; Robert
Schron, City Engineer; Mark Taormina, City Planner; Sean Kavanagh, City Attorney;
Joan McCotter, City Clerk, Karen Szymula, Director of Legislative Affairs, Ron Reinke,
Superintendent of Parks & Recreation, Dave Woodcox, Director of Building Inspection,
Jeff Bryant, Economic Development Manager; Barbara Lewis, City Librarian, and Ian
Wilshaw, Traffic Commission
On a motion by Duggan, seconded by Vandersloot, and unanimously
adopted, it was
#190-00 RESOLVED, that the minutes of the 1 ,412th Regular Meeting
of the Council held March 8, 2000 are hereby approved as submitted
*Councilmember Walsh arrived at the meeting at 8 04 p m and did not
vote on the approval of the above-mentioned minutes of the March 8, 2000 meeting
During an audience communication, Councilmember Duggan wished the
Michigan State Spartans well on their participation in the NCAA Basketball Tournament.
Council President Brosnan announced that Jack Engebretson will be
celebrating his birthday on March 23, 2000 She also congratulated Mayor Kirksey on
his fine "State Of The City" address
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An article from the Livonia Observer & Eccentric newspaper, dated March
19, 2000, re many residents' opposition to a proposed government-funded job agency
to be located in the vacant Laksy Furniture building on Plymouth Road at Garden
Street, was received and placed on file for the information of the Council (Petition 99-
12-8-34) (Agenda Item #12)
On a motion by Duggan, seconded by Vendersloot, and unanimously
adopted, it was
#191-00 RESOLVED, that having considered a communication from
Ronald Danowski, 35660 Wood Drive, received in the Office of the City
Council on February 24, 2000, requesting the installation of a street light
at the corner of three intersecting streets (Country Club, Fairway and
Wood) in the Golfview Meadows Subdivision, located south of Six Mile
Road and west of Wayne Road, the Council does hereby refer this matter
to the Engineering Division for its report and recommendation
#192-00 RESOLVED, that having considered a communication from
Ronald Danowski, 35660 Wood Drive, received in the Office of the City
Council on February 24, 2000, requesting the installation of a street light
at the corner of three intersecting streets (Country Club, Fairway and
Wood) in the Golfview Meadows Subdivision, located south of Six Mile
Road and west of Wayne Road, the council does hereby refer the matter
of street lighting for the entire Golfview Meadows and Burton Valley
Subdivisions to the Engineering Division for its report and
recommendation
#193-00 RESOLVED, that having considered a letter from Barbara
Swiech and Debby Ferris, on behalf of the Stevenson High School
Booster Club, dated March 6, 2000, which requests permission to display
wire signs advertising the Stevenson High School Spring craft show to be
conducted on Saturday, April 8, 2000, and a Fall craft show to be
conducted on Saturday, November 4, 2000, which signs are to be
installed no earlier than Saturday, April 1, 2000, and removed no later
than Sunday, April 9, 2000, for the Spring craft show and installed no
earlier than October 28, 2000, and removed no later than November 12,
2000, for the Fall craft show, at the following locations
2 Signs - 8 Mile and 1-275 2 Signs - 6 Mile and Haggerty
1 Sign - 8 Mile and Newburgh 2 Signs - 6 Mile and 1-275
1 Sign - 8 Mile and Gill 2 Signs - 6 Mile and Laurel Park
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2Signs - 8 Mile and Merriman 2 Signs - 6 Mile and Newburgh
2 Signs - 8 Mile and Middlebelt 2 Signs - 6 Mile and Levan
I Sign - 7 Mile and Inkster 2 Signs - 6 Mile and Wayne
2 Signs - 7 Mile and Middlebelt 2 Signs - 6 Mile and Farmington
2 Signs - 7 Mile and Merriman 2 Signs - 6 Mile and Merriman
2 Signs - 7 Mile and Farmington 2 Signs - 6 Mile and Middlebelt
2 Signs - 7 Mile and Wayne 1 Sign - 6 Mile and Inkster
2 Signs - 7 Mile and Newburgh 1 Sign - 5 Mile and Inkster
3 Signs - 7 Mile and 1-275 2 Signs - 5 Mile and Middlebelt
1 Sign - Newburgh and Pembroke 2 Signs - 5 Mile and Merriman
2 Signs - 7 Mile and Haggerty 2 Signs - 5 Mile and Farmington
2 Signs - Joy and Newburgh 2 Signs - 5 Mile and Levan
1 Sign - Stark and Farmington 2 Signs - 5 Mile and Newburgh
2 Signs - 5 Mile and Haggerty
And along the 1-96 service drive as follows
Eastbound 1 sign each at Newburgh, Levan, Farmington, Merriman,
Middlebelt, and Inkster
Westbound 1 sign each at Inkster, Middlebelt, Merriman, Farmington,
Stark, Levan, and Newburgh
the Council does hereby grant and approve this request in the manner and
form herein submitted
A communication from the Department of Assessment, dated February 24,
2000, re Administrative Response - updating of files regarding tax-exempt properties in
the City of Livonia — was received and placed on file for the information of the Council
(CR 725-97)
#194-00 RESOLVED, that having considered the report and
recommendation of the Housing Director, dated February 17, 2000,
approved for submission by the Mayor, and to which is attached a report
containing a brief explanation of the 2000-2001 Community Development
Block Grant (CDBG) Program, the Council does hereby take this means to
indicate its informal approval of the proposed Program and does further
authorize the conducting of a Public Hearing on this matter for public
comment so that thereafter a final Program and budget will be prepared
for submission to the City Council
#195-00 RESOLVED, that having considered a communication from
Chief of Police, dated February 18, 2000, approved for submission by the
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Mayor Pro Tern, the Council does hereby approve the Livonia 50th
Birthday Parade to be held on Tuesday, May 23, 2000, beginning at 700
P M , FURTHER, the Council does hereby request that the Wayne County
Road Commission allow the City of Livonia to close Farmington Road
fits.
between Schoolcraft Road and Five Mile Road between the hours of 7 00
p m and 8 30 p m or until the roads are returned to normal traffic
operation, FURTHER, the Council does hereby determine that the City of
Livonia will assume liability for any damage claims which may arise as a
result of the road closure, and that Lt. Kevin I Dawley is hereby
designated and authorized to sign the road closure permit on behalf of the
City of Livonia
A communication from the Inspection Department, dated February 24,
2000, re Administrative Response — complaints received by the Inspection Department
relating to unusual pets — was received and placed on file for the information of the
Council (CR 104-00)
Legal Opinion No 00-1 from the Department of Law, dated March 2, 2000,
re. Administrative Response — ordinance provisions relating to keeping pot-bellied pigs
as household pets — was received and placed on file for the information of the Council
(CR 105-00)
#196-00 RESOLVED, that having considered a letter from the
Director of the Plymouth Road Development Authority, dated February 14,
2000, approved for submission by the Mayor, with regard to a request
from the Wayne County Department of Public Services that the City make
certain undertakings in connection with the issuance of a permit allowing
installation of PRDA-sponsored streetscape improvements in the county's
Farmington Road and Middlebelt Road rights-of-way in the vicinity of the
intersections of Plymouth and Farmington Roads and Plymouth and
Middlebelt Roads,
THE COUNCIL DOES HEREBY DETERMINE AS FOLLOWS
a To advise the Wayne County Department of Public Services that
the City of Livonia has agreed to maintain the permitted
landscaping, irrigation system and brick pavers at no expense to
Wayne County;
Lb To indemnify and save harmless Wayne County and its employees
against all claims, suits, and judgments of every name and
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description arising out of the operation covered by the permit or the
c. issuance of permit; and
To authorize the City Engineer to execute a Wayne County permit
on behalf of the City of Livonia in connection with the above
streetscape improvements,
provided that the City's liabilities arising out of this resolution shall be
limited to tax increment revenues collected by the Plymouth Road
Development Authority, and that the County shall have no recourse to the
City's general fund or any other funds of the City, its employees, agents,
officers, related entities, or insurers, and the Mayor and City Clerk are
hereby authorized to execute any additional documents necessary to
implement this resolution
#197-00 RESOLVED, that having considered a communication from
the Superintendent of Parks and Recreation, dated March 6, 2000, which
bears the signature of the Director of Finance and is approved for
submission by the Mayor, wherein it is requested that the Council approve
a grant application under the Clean Michigan Initiative Grant for the
Community Recreation Center, the Council does hereby approve the grant
application with the understanding that the total amount of the grant being
requested is $500,000 00 and does hereby authorize the Superintendent
of Parks and Recreation to submit the application to the Michigan
Department of Natural Resources
#198-00 RESOLVED, that the Council does hereby refer the matter of
requesting additional funding from the Michigan Legislature or the
appropriate state governmental agency to further assist the City in
delivering recreation services to its citizens to the Mayor for a report and
recommendation
#199-00 RESOLVED, that having considered the report and
recommendation of the Superintendent of Public Service and the Director
of Public Works, dated February 25, 2000, which bears the signature of
the Director of Finance and is approved for submission by the Mayor, the
Council does hereby accept the unit price bid of Margolis Nursery, Inc ,
9600 Cherry Hill, Ypsilanti, Michigan 48198, for completing all work
required in connection with the City's 2000 Street Tree Planting Program
for the estimated total cost of $34,920 00, based upon the Public Service
Division's estimate of units involved, and subject to 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, and the Director of Public Works is
hereby authorized to approve minor adjustments in the work as it
becomes necessary; and the Mayor and City Clerk are hereby authorized
to execute a contract for and on behalf of the City of Livonia with the
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aforesaid bidder and to do all other things necessary or incidental to the
full performance of this resolution
#200-00 RESOLVED, that having considered the report and
recommendation of the Superintendent of Public Service and the Director
of Public Works, dated February 25, 2000, which bears the signature of
the Director of Finance and is approved for submission by the Mayor, the
Council does hereby accept the following low bids which meet
specifications for supplying the Public Service Division (Road
Maintenance Section) with materials specified at the unit prices bid per ton
for the 2000 calendar year requirements
1 Hayball Transport, Inc., 12550 Farmington Road, Livonia, Michigan
48150
M D 0 T - 21AA - Limestone $ 7 41 per ton
M D 0 T - 22A 6 77 per ton
WCRC - 22X 5 85 per ton
W C R.0 - Porous Backfill - Grade A 4 55 per ton
WCRC - Porous Backfill - Grade B 8 05 per ton
60-40 Washed - Conc Aggregates 10 67 per ton
Pea Gravel 11 07 per ton
2 Sylvania Minerals, 5699 Ready Road, South Rockwood, Michigan
48179
W C R.0 - 3A $ 870 per ton
W C R.0 - 3X 8 70 per ton
1" to 3" Crushed Concrete 8 17 per ton
3 Williams Trucking Service, Inc., P 0 Box 51279, Livonia, Michigan
48151
WCRC - 30A (Slag) $ 8 50 per ton
W C R.0 - 2MS - Mortar Sand 6 95 per ton
4 R. D. Shelby Trucking, 4950 Technical, Milford, Michigan 48381
W C R.0 - 2NS - Natural Sand $ 6 75 per ton
FURTHER, in the event the aforesaid low bidders are unable to furnish the
materials, the Council does hereby accept the following second lowest
bids, which also meet specifications, as alternates for supplying the Public
Service Division (Road Maintenance Section) with materials specified at
the unit prices bid for the 2000 calendar year
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1 Jackie's Transport, Inc., P 0 Box 38, Novi, Michigan 48376
MDOT - 22A
$ 6 70 per ton
60-40 Washed - Conc Aggregates
10 60 per ton
Pea Gravel 11 00 per ton
1" to 3" Crushed Concrete 8 50 per ton
2 Williams Trucking Service, Inc., P 0 Box 51279, Livonia, Michigan
48151
M D 0 T - 21AA - Limestone $ 7 82 per ton
W C R.0 - 22X 5 95 per ton
WCRC - Porous Backfill - Grade A 4 85 per ton
3 Hayball Transport, Inc., 12550 Farmington Road, Livonia, Michigan
48150
W C R.0 30A (Slag) $ 8 67 per ton
W C R.0 - 2NS - Natural Sand 7 02 per ton
4 Osburn Industries, Inc., 5850 Pardee Road, Taylor, Michigan 48180
WCRC - 3A $10 30 per ton
WCRC - Porous Backfill - Grade B 8 23 per ton
5 R. D. Shelby Trucking, 4950 Technical, Milford, Michigan 48381
W C R.0 - 2MS - Mortar Sand $ 7 60 per ton
#201-00 RESOLVED, that having considered the report and
recommendation of the Superintendent of Public Service and the Director
of Public Works, dated March 3, 2000, which bears the signature of the
Director of Finance and is approved for submission by the Mayor, the
Council does hereby accept the low bid which meets specifications of
Plymouth Concrete, Inc , 600 Junction Street, Plymouth, Michigan 48170,
for supplying the Public Service Division (Road Maintenance Section) with
readymix concrete at the unit prices bid for the period April 1, 2000,
through March 31, 2001, for an estimated total amount of $52,000 00;
FURTHER, in the event the aforesaid low bidder is unable to furnish the
material, the Council does hereby accept the second lowest bid which
meets specifications of Fendt Transit Mix, Inc , 43443 Flint Street, Novi,
Michigan 48376, for supplying the Public Service Division (Road
Maintenance Section) with readymix concrete at the unit prices bid for the
period April 1, 2000, through March 31, 2001, for an estimated total
amount of $55,000 00
low
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A communication from Stan Anderson, President of the Clements Circle
Civic Association, 28428 Elmira, Livonia, MI 48150, dated March 1, 2000, re the
Association's reasons for opposing proposed Petition 99-12-8-34 submitted by Horizon
Properties on behalf of Southeast Michigan Community Alliance (SEMCA), the site of
the former Lasky store, located at 29055 Plymouth Road, Livonia, MI 48150, to be used
as an employment agency, was received and placed on file for the information of the
Council
#202-00 RESOLVED, that having considered a communication from
the City Planning Commission, dated February 15, 2000, which transmits
its resolution 2-27-2000 adopted on February 8, 2000, with regard to
Petition 99-12-8-34, submitted by Horizon Properties, requesting site plan
approval in connection with a proposal to renovate the exterior elevations
of the commercial building located at 29055 Plymouth Road and to
construct a parking lot on property located at 28905 Plymouth Road in the
Northwest 1/4 of Section 36, pursuant to the provisions set forth in Section
18 58 of Ordinance No 543, as amended, the Council does hereby reject
the recommendation of the Planning Commission and Petition 99-12-8-34
is hereby denied inasmuch as the petitioner has indicated that it desires to
withdraw its petition
#203-00 RESOLVED, that having considered a communication from
Councilmember Brian Duggan, dated February 29, 2000, regarding the
feasibility of eliminating separate local elections for millages, bonding and
school board matters and combining them with General Elections held in
November, the Council does hereby refer this matter to the Legislative
Committee for its report and recommendation
A roll call vote was taken on the foregoing resolutions with the following result:
AYES Vandersloot, Walsh, Duggan, Laura, Engebretson and Brosnan
NAYS None
A communication from the Director of Public Works, dated February 29,
2000, re the establishment of a City-wide Street System Asset Management and
low
32169
Maintenance Program was received and placed on file for the information of the Council
(CR 23-00)
On a motion by Laura, seconded by Duggan, and unanimously adopted, it
was.
#204-00 RESOLVED, that having considered the report and
recommendation of the Streets, Roads and Plats Committee, dated
February 29, 2000, submitted pursuant to Council Resolution 499-99,
and the report and recommendation of the Director of Public Works,
dated February 29, 2000, which bears the signature of the Director of
Finance and is approved for submission by the Mayor, submitted
pursuant to Council Resolution 23-00, regarding the establishment of a
city-wide Street System Asset Management and Maintenance
Program, the Council does hereby adopt the timetable set forth in
Attachment 5 to the aforesaid communication from the Director of
Public Works and does hereby refer this matter to the Mayor to begin
implementation of the activities described in Attachment 5
Councilmember Duggan gave first reading to the following Ordinance
AN ORDINANCE AMENDING SUBSECTION (6) OF
SECTION 2 03 OF ARTICLE II OF ORDINANCE NO 543,
AS AMENDED, KNOWN AND CITED AS "THE CITY OF
LIVONIA ZONING ORDINANCE" (Petition 99-9-6-4) (CR
154-00)
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
Councilmember Laura took from the table, for second reading and
adoption, the following Ordinance
AN ORDINANCE AMENDING SECTION 9 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 99-6-1-7) (CR 69-00)
fir..
32170
A roll call vote was taken on the foregoing Ordinance with the following result:
AYES Walsh, Duggan, Laura and Engebretson
NAYS Vandersloot and Brosnan
The President declared the foregoing Ordinance duly adopted, and would
become effective upon publication
Councilmember Duggan left the podium at 8 15 p m due to a
conflict of interest.
On a motion by Engebretson, seconded by Walsh, it was
#205-00 RESOLVED, that having considered a communication from
the City Clerk, dated March 3, 2000, which indicates that the proprietor of
the Kenwood Meadows Subdivision, situated in the Northeast 1/4 of
Section 24, has delivered final true plats to the City Clerk and requested
that said plat be presented to Council for final approval, and the Council
having received a communication from the City Planning Commission,
dated March 1, 2000, wherein said Commission approves the final plat for
the said subdivision in its resolution 2-48-2000, adopted on February 29,
2000, and the Council having considered a report from the City Engineer,
dated January 31, 2000, recommending approval of the final plat of said
subdivision, the preliminary plat of which was approved by the Council in
its resolution 832-99, adopted on December 6, 1999, said preliminary plat
having been recommended for approval by the City Planning Commission
on July 13, 1999, in its resolution 7-128-99, NOW, THEREFORE, the
Council does hereby determine to grant its approval to the final plat of
Kenwood Meadows Subdivision, located in the northeast 1/4 of Section
24, City of Livonia, Wayne County, Michigan, as submitted by the
proprietor thereof, which proprietor is also hereby required to do all things
necessary to obtain full compliance with the Subdivision Control Act of
Michigan of 1967, as amended, and the Ordinances of the City of Livonia,
and further, the City Clerk is hereby requested to do all things necessary
or incidental to the full performance of this resolution
A roll call vote was taken on the foregoing resolution with the following result:
AYES Vandersloot, Walsh, Laura, Engebretson and Brosnan
NAYS None
lbw The President declared the resolution duly adopted
32171
L Councilmember Duggan returned to the podium at 8 16 p m
On a motion by Duggan, seconded by Walsh, and unanimously adopted, it
was
#206-00 RESOLVED, that having considered the report and
recommendation of the Superintendent of Parks and Recreation, dated
March 6, 2000, which bears the signature of the Director of Finance and is
approved for submission by the Mayor, and which sets forth Parks and
Recreation Commission resolution 2505-00, adopted on January 18,
2000, wherein increases in greens fees, league play and outing fees are
recommended, the Council does hereby concur in the recommendation of
the Parks and Recreation Commission and the following increases in
greens fees, league play and outing fees and City of Livonia fees/waivers
shall be as follows
2000 RATE 2001 RATE 2002 RATE
WEEKDAY
Resident 9 holes $12 00 $13 00 $13 50
18 holes 17 50 18 00 19 00
Non-resident 9 holes 15 75 17 00 17 50
18 holes 23 50 24 50 25 50
Junior 9 holes 5 75 6.25 7 00
18 holes 10 00 10 50 11 50
Senior 9 holes 5 75 6.25 7 00
18 holes 10 00 10 50 11 50
Twilight - Resident 7 50 8 00 8 50
Twilight - Non-resident 11 00 11 50 12 00
Winter Rate 8 75 9.25 10 00
WEEKEND
Resident 9 holes $13 75 $15 00 $15 50
18 holes 19 50 21 00 22 00
Non-resident 9 holes 18 00 18 50 19 00
18 holes 25 00 26 50 27 50
LEAGUE PLAY
9 holes $15 50 $16 00 $16 50
OUTINGS*
Mon - Fri** 9 holes $15 50 $16 00 $16 50
Mon - Fri** 18 holes 22 00 23 00 24 00
Sat- Sun** 9 holes 17 50 18 50 19 00
Sat - Sun** 18 holes 23 00 25 00 26 00
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*No outing on holidays.
**Includes reservation fee for guaranteed starting time
FURTHER, the Council does hereby approve of the request of the
Department of Parks and Recreation to allow promotional pricing
programs during the fall season and on weekends during periods of slow
play as outlined in the aforementioned report and recommendation
Ted White, President of St. Maurice Men's Club, 14460 Hubbard Drive,
Livonia, MI 48154, spoke to the Council regarding his opposition to the increase of
greens fees at the City's golf courses, and he inquired if the information that he sent to
the Council regarding his opposition to such had been reviewed by Council members
Mayor Kirksey spoke to the Council about the delicate balance of
increasing greens fees and the need for this increase so that the City's three golf
courses will become self-supporting in the future
A communication from Mr Ted White, President of St. Maurice Men's
Club, 14460 Hubbard Drive, Livonia, MI 48154, dated March 15, 2000, re his
opposition to the increase of greens fees at the City's golf courses, was received and
placed on file for the information of the Council
A communication from the Department of Parks and Recreation, dated
March 21, 2000, re the Department's viewpoint on the information contained in the
letter of Mr Ted White of March 15, 2000, was received and placed on file for the
information of the Council
On a motion by Engebretson, seconded by Walsh, and unanimously adopted, it
was
#207-00 RESOLVED, that Abington Development, Inc., 700 S
Adams, Suite 210, Birmingham, Michigan 48009, as proprietor, having
requested the City Council to approve the Clarita Commons Site
Condominium Development in the Northeast 1/4 of Section 11 of the City
32173
of Livonia (hereafter the "Condominium"), and it further appearing that
approval of the Master Deed, bylaws and site plan for the Condominium
was given by the City Planning Commission on May 18, 1999, and by the
City Council on June 16, 1999, and it further appearing that such site plan,
together with Development Plans and specifications for improvements
have been examined and approved by the Department of Public Works,
Engineering Division, as set forth in the report of that Department, dated
February 24, 2000, therefore, the City Council does hereby determine as
follows
(1) All of the improvements, utilities and grading shall be constructed,
installed and accomplished in conformity with the provisions of the
ordinances of the City of Livonia, including Sections 18 62 and 18 63 of
Ordinance No 543, as amended, and the provisions referenced
therein, and the regulations and specifications of the Department of
Public Works and the Development Plans submitted by the proprietor
and approved by such Department; all such improvements to be
constructed, installed, accomplished and completed within a period of
two (2) years from the effective date of this resolution, failing this, the
approval granted by the City shall be considered null, void and of no
effect whatsoever;
(2) That all inspection fees and other charges due to the City of Livonia
shall be fully paid at the time and in the manner provided in the said
ordinance provisions,
(3) That the installation of all such improvements shall be subject at all
times to the supervision and inspection and final approval of the
Department of Public Works, and such improvements shall not be
considered as having been satisfactorily and completely installed until
there is filed with the City Council the certificate as provided in such
ordinance provisions,
(4) That the proprietor shall enter into an agreement with the City of
Livonia agreeing to construct, within the prescribed period of time and
in the prescribed manner, all improvements required to the extent
required by the City of Livonia and as shown on the approved
Development Plans,
(5) That as a condition of obtaining necessary engineering permits prior to
commencing the required improvements, the proprietor shall file w:th
the City of Livonia a corporate surety bond, certified check, cash bond,
irrevocable letter of credit, or other financial assurance in such form as
may be approved by the Department of Law guaranteeing the
satisfactory installation of all such improvements, utilities and grading
by the proprietor within the prescribed period in the following amounts
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(a) General Improvement Bond
(b) Sidewalk Bond $110,000 00, of which at least
5,000 00 shall be in cash
$ 18,700 00, of which at least
5,000 00 shall be in cash
(c) Grade & Soil Erosion Control $ 3,000 00 (all cash)
Bond 3,000 00 (all cash)
(d) Landscaping/Entrance Markers $ 3,000 00, of which at least
1,500 00 shall be in cash
and require cash payments in the total amount of $21,390 00
(6) That the distribution lines for telephones and electric service are to be
placed underground and ornamental street lights are to be provided
throughout the Condominium in accordance with City ordinances
On a motion by Walsh, seconded by Laura, it was
#208-00 RESOLVED, that having considered a communication from
the City Planning Commission, dated March 7, 2000, which transmits its
resolution 2-38-2000, adopted on February 29, 2000, with regard to
Petition 00-1-2-1, submitted by Borman's, Inc. (Farmer Jack) requesting
lbw waiver use approval to utilize an SDM license in connection with a major
retail facility proposed to occupy an existing building located on the south
side of Seven Mile Road between Merriman Road and Middlebelt Road in
the Northeast 1/4 of Section 11, which property is zoned C-2, the Council
does hereby concur in the recommendation made by the City Planning
Commission and Petition 00-1-2-1 is hereby approved and granted
A roll call vote was taken on the foregoing resolution with the following result:
AYES Vandersloot, Walsh, Laura, Engebretson and Brosnan
NAYS Duggan
The President declared the resolution duly adopted
On a motion by Laura, seconded by Vandersloot, it was
#209-00 RESOLVED, that having considered a letter from the
Michigan Liquor Control Commission, dated November 1, 1999, and the
report and recommendation of the Chief of Police, dated March 7, 2000,
approved for submission by the Mayor, in connection therewith, the
Council does hereby determine that it has no objection to and does
32175
recommend approval of the request from Borman's, Inc. for a new SDM
License to be located at 29659 Seven 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 roll call vote was taken on the foregoing resolution with the following result:
AYES Vandersloot, Walsh, Laura, Engebretson and Brosnan
NAYS Duggan
The President declared the resolution duly adopted
Mr Albert Lord, representative of Borman's, Inc./Farmer Jack spoke to the
Council and expressed his thanks to the Council for helping to expedite the opening of
the Farmer Jack's store to be located at 29659 Seven Mile Road, Livonia, Michigan
48154
On a motion by Vandersloot, seconded by Walsh, and unanimously
adopted, it was
#210-00 RESOLVED, that having considered the report and
recommendation of the Director of Public Works and the City Engineer,
dated March 8, 2000, which bears the signature of the Director of
Finance, is approved by the Superintendent of Parks and Recreation and
the Housing Director, and is approved for submission by the Mayor, the
Council does hereby accept the unit price bid of Hard Rock Concrete,
Inc., 38146 Abruzzi Drive, Westland, Michigan 48185, for completing all
work required in connection with the 2000 Sidewalk Program (Contract
00-B) for the estimated total cost of $460,567 90 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, and the bid of Core Concrete Construction,
Inc is hereby rejected for the reasons indicated in the attachment;
FURTHER, the Council does hereby grant the request of Audia Concrete
Construction, Inc. to be released from its bid, FURTHER, the Council
does hereby authorize an advance in the amount of $370,090 90 (single
lot assessment portion of the program) from the General Obligation Road
Improvement Bond Issue with the provision that this bond issue be
reimbursed from that portion of the project which is to be financed by
special assessment at such time as funds are subsequently received
32176
from the payment of bills and assessments by affected property owners,
FURTHER, the Council does hereby appropriate and authorize an
expenditure in the additional amount of $67,700 00 from the Michigan
Transportation Fund ($56,800 00 from the Local Road Account and
$10,900 00 from the Major Road Account) to pay for the City's portion of
this contract; FURTHER, the Council does hereby authorize an
expenditure in the amount of $6,825 00 from funds previously budgeted
in Account No 101-707-974-000 (Land Improvement) to pay for placing
flags of concrete at softball diamond bleachers, FURTHER, the Council
does hereby authorize funds in the amount of $15,952 00 to be billed to
the Livonia Housing Commission for work at McNamara Towers and
other city-owned housing, and the Director of Public Works is hereby
authorized to approve minor adjustments in the work as it becomes
necessary; and the Mayor and City Clerk are hereby authorized to
execute a contract for and on behalf of the City of Livonia with the
aforesaid bidder and to do all other things necessary or incidental to the
full performance of this resolution
On a motion by Duggan, seconded by Vandersloot, it was
#211-00 RESOLVED, that having considered a communication from
the City Planning Commission, dated January 31, 2000, which transmits
its resolution 1-21-2000 adopted on January 25, 2000, with regard to
Petition 99-9-8-23, submitted by Canvasser Brothers, on behalf of
Buckingham Plaza, requesting site plan approval in connection with a
proposal to renovate a portion of the exterior building elevation of the
shopping center located at 27462 Schoolcraft Road in the Southeast 1/4
of Section 24, 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 99-9-8-23 is
hereby approved and granted, subject to the following conditions
1 That the Exterior Building Elevation Plan marked Sheet 1, dated
January 18, 2000, as revised, prepared by Klaetke & Marino
Architects, is hereby approved and shall be adhered to,
2 That the petitioner shall correct to the Inspection Department's
satisfaction the following site deficiencies as outlined in the
correspondence dated September 29, 1999
-That the service drive behind the building (north side) shall be repaired,
-That all cracked and broken curbs and approaches shall be repaired,
- That the large parking blocks in front of the AAA space shall be
removed,
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- That the right-of-way landscaped areas in front of the entire center
shall be restored to grass (not weeds) and thereafter permanently
maintained in a healthy condition,
- That the parking block in the right-of-way shall be removed,
- That the rear (north side) of the building shall be painted to match
the colors of the new façade, and
- That the portions of the existing protective wall that were
previously painted shall be repainted,
3 That the easterly most unit of the center, formerly occupied by AAA,
shall be painted to match the colors of the new facade, and
4 That no signs, either freestanding or wall mounted, are approved
with this petition
A roll call vote was taken on the foregoing resolution with the following result:
AYES Vandersloot, Walsh, Duggan, Engebretson and Brosnan
NAYS Laura
The President declared the resolution duly adopted
A communication from the Department of Law, dated March 20, 2000, re
Administrative Response - information on the joint ownership of the Buckingham Plaza
strip mall located at 27462 Schoolcraft - was received and placed on file for the
information of the Council
A communication from the Inspection Department, dated March 16, 2000,
re Administrative Response - a review of the signage at the Drug and Party Fair
located at 27462 Schoolcraft Road that was found to be in compliance as of March 15,
2000 - was received and placed on file for the information of the Council (CR 184-00)
A communication from Robert Canvasser, 30200 Telegraph Road, Suite
403, Bingham Farms, MI 48025, dated March 16, 2000, re ownership of buildings at
32178
the Buckingham Plaza strip mall located at 27462 Schoolcraft, was received and placed
on file for the information of the Council
Mr Frank Klaetke, representative of Klaetke & Marino Architects,
submitted color samples that were requested by the City Council
On a motion by Duggan, seconded by Walsh, and unanimously adopted, it
was
#212-00 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 14 23 acres lying in the
Southeast 1/4 of Section 28, 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 79;" and
WHEREAS, written notice has been given by certified mail to Progressive
Tool & Industries Co 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 79, 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 79, and
WHEREAS, on February 28, 2000, a public hearing was held on the
establishment of proposed City of Livonia Industrial Development District
No 79, at which time Progressive Tool & Industries Co 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
Progressive Tool & Industries Co 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
32179
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 79 "
EXHIBIT A
Parcel 1.
A parcel of land being a part of the southeast 1/4 of Section 28, town 1
south, range 9 east, City of Livonia, Wayne County, Michigan, lying west
of and adjoining the centerline of Farmington Road, south of the
Chesapeake and Ohio Railway Company's right of way (99 00 feet wide)
and north of Plymouth Road, being more particularly described as•
Beginning at a point on the east line of said Section 28, said point being
north 0 degrees 44 minutes 50 seconds west 1 222 64 feet from the
southeast corner of said Section 28, thence north 89 degrees 17 minutes
20 seconds west 664 07 feet to a point; thence north 0 degrees 59
minutes 20 seconds west 162 08 feet to a point; thence south 87 degrees
47 minutes 30 seconds west 605 85 feet to a point; thence north 0
degrees 43 minutes 30 seconds west 450 11 feet to a point; thence south
89 degrees 40 minutes 50 seconds east parallel to the east and west 1/4
section line of said Section 28, 1270.24 feet to a point on the east line of
hir said Section 28, said point being south 0 degrees 44 minutes 50 seconds
east 823 73 feet from the east 1/4 corner of said Section 28, thence south 0
degrees 44 minutes 50 seconds east, along the east line of said Section
28, 590 00 feet to the point of beginning EXCEPTING therefrom that
portion of subject property conveyed to Farmington Road Storm Relief
Drainage District in Quit Claim Deed recorded in Liber 16551, page 558,
Wayne County Records, described as follows Beginning at a point on the
north line of said parcel distant north 89 degrees 40 minutes 50 seconds
west 60 feet from the northeast corner of said parcel and proceeding
thence south 0 degrees 44 minutes 50 seconds east 403 50 feet; thence
north 2 degrees 56 minutes 17 seconds west 404 08 feet to a point on
said north line of said parcel, thence along said north line south 89
degrees 40 minutes 50 seconds east 15 42 feet to the point of beginning,
and EXCEPTING therefrom the east 60 feet of subject property deeded
for road purpose in Deed recorded in Liber 16326, page 295, Wayne
County Records
Parcel 2.
A triangular parcel of land located in the southeast 1A of Section 28, town 1
south, range 9 east, described as follows To find the place of beginnings
of said land commence at the southeast corner of said section, run thence
north 89 degrees 17 minutes 20 seconds west along the south line of said
section 658 91 feet; then north 00 degrees 59 minutes 20 seconds west
32180
1304 86 feet to the place of beginning of said triangular parcel of land,
thence continuing north 00 degrees 59 minutes 20 seconds west 80 feet;
thence south 87 degrees 47 minutes 30 seconds west 130 feet; thence
southeasterly to the place of beginning
bow
Parcel Identification Nos
46-112-99-0033-000, as to Parcel 1
46-112-99-0029-002, as to Parcel 2
On a motion by Walsh, seconded by Vandersloot, it was
RESOLVED, that having considered a communication from
the Director of Public Works and the City Engineer, dated January 13,
2000, approved for submission by the Mayor, with regard to a
Telecommunications Permit Application submitted by McLeod USA Inc.,
and the Council having conducted a public hearing with regard to this
matter on Wednesday, March 1, 2000, pursuant to Council Resolution 55-
00, the Council does hereby approve said application and does hereby
grant a Telecommunications Permit to McLeod USA, Inc., subject to the
following conditions
1 That permittee shall submit engineering plans showing all existing
features and the exact proposed location for buried or overhead
cable within any public right-of-way under the jurisdiction of the City
of Livonia prior to the issuance of a construction permit;
2 That appropriate construction bonds in amounts established by the
City Engineer shall be posted prior to issuance of a construction
permit; and
3 That permitee shall pay the annual fees set forth in Council
Resolution 112-99 for use of the public rights-of-way and shall
further pay any annual fees as recalculated by the City Council
upon completion of the Plante and Moran study
A roll call vote was taken on the foregoing resolution with the following result:
AYES Vandersloot, Walsh and Engebretson
NAYS Duggan, Laura and Brosnan
The President declared the motion failed for lack of a majority vote
On a motion by Engebretson, seconded by Walsh, it was
t
32181
#213-00 RESOLVED, that having considered a communication from
the Director of Public Works and the City Engineer, dated January 13,
2000, approved for submission by the Mayor, with regard to a
Telecommunications Permit Application submitted by McLeod USA Inc.,
and the Council having conducted a public hearing with regard to this
matter on Wednesday, March 1, 2000, pursuant to Council Resolution 55-
00, the Council does hereby move this subject matter to the agenda of
the next Regular Meeting to be held on April 5, 2000
A roll call vote was taken on the foregoing resolution with the following result:
AYES Vandersloot, Walsh, Engebretson and Brosnan
NAYS Duggan and Laura
The President declared the resolution duly adopted
On a motion by Vandersloot, seconded by Engebretson, and unanimously
adopted, it was
#214-00 RESOLVED, that having considered a communication from
the City Planning Commission, dated January 4, 2000, which sets forth its
resolution 11-201-99 adopted on November 23, 1999, with regard to
Petition 99-9-1-13, submitted by Anthony J Semaan and Rose Dasaro, on
behalf of Mildred 0 Vasaris, for a change of zoning of property located on
the west side of Middlebelt Road between Wentworth Avenue and Puritan
Avenue in the Southeast 1/4 of Section 14, from RUF to OS, and the
Council having conducted a public hearing with regard to this matter on
Wednesday, March 1, 2000, pursuant to Council Resolution 19-00, the
Council does hereby approve Petition 99-9-1-13 for preparation of the
ordinance for submission to Council, and the City Planner is nereoy
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
Mr Al Vasaris, a trustee for the estate of Mildred 0 Vasaris, commended
the City for its professionalism in its handling of Petition 99-9-1-13 for a change of
zoning of property located at 15939 Middlebelt Road from RUF to OS (CR 19-00)
32182
Anthony Semaan addressed the Council and thanked them for their
support regarding the matter of Petition 99-9-1-13 for a change of zoning of property
located at 15939 Middlebelt Road from RUF to OS (CR 19-00)
A communication from the Inspection Department, dated March 15, 2000,
re an inspection of the house located at 15939 Middlebelt Road, in relation to Petition
99-9-1-13, was received and placed on file for the information of the Council (CR 19-
00)
On a motion by Duggan, seconded by Laura, and unanimously adopted, it
was
#215-00 RESOLVED, that having considered a communication from
the City Planning Commission, dated December 15, 1999, which sets forth
its resolution 12-217-99 adopted on December 14, 1999, with regard to
Petition 99-9-1-15, submitted by General Properties Co , L L C , for a
change of zoning of property located immediately west of Sunset
Subdivision between Fargo Avenue and Eight Mile Road in the Northwest
1/4 of Section 2, from RUF to R-3, and the Council having conducted a
public hearing with regard to this matter on Wednesday, March 1, 2000,
pursuant to Council Resolution 19-00, the Council does hereby reject the
recommendation of the Planning Commission and Petition 99-9-1-15
hereby denied for the following reasons
1 That the proposed change of zoning would provide for lot sizes
which are smaller than the prevailing lot sizes in the area,
2 That the proposed change of zoning is inconsistent with the general
character of the area, and
3 That the proposed change of zoning is incompatible to and not in
harmony with the surrounding uses and zoning districts in the area
On a motion by Engebretson, seconded by Duggan, and unanimously
adopted, it was
#216-00 RESOLVED, that having considered a communication from
the City Planning Commission, dated December 15, 1999, which sets forth
its resolution 12-211-99 adopted on December 14, 1999, with regard to
32183
Petition 99-10-1-19, submitted by Daniel Vettraino for a change of zoning
of property located on the west side of Merriman Road between Pickford
and Curtis Avenues in the Northeast 1/4 of Section 10, from RUFC to R-3,
and the Council having conducted a public hearing with regard to this
matter on Wednesday, March 1, 2000, pursuant to Council Resolution 19-
00, the Council does hereby concur in the recommendation of the
Planning Commission and Petition 99-10-1-19 is hereby denied for the
following reasons
1 That the proposed change of zoning will change the character of
the subject area,
2 That the proposed zoning district is inconsistent with adjacent
zoning in the area,
3 That the proposed change of zoning will provide for lot sizes which
are smaller than the prevailing lot sizes in the area, and
4 That the proposed change of zoning is not necessary for the
continued use of the subject property for low density residential
land purposes in conformance with the recommendation of the
Future Land Use Plan
A communication from Basney & Smith, Inc., 33177 Schoolcraft Road,
Livonia, MI 48150, re a survey of property located on Merriman Road between
Pickford and Curtis Avenues in the Northeast 1/4 of Section 10, was received and placed
on file for the information of the Council
On a motion by Duggan, seconded by Vandersloot, it was
#217-00 RESOLVED, that having considered a communication from
the City Planning Commission, dated January 17, 2000, which sets forth
its resolution 01-09-2000 adopted on January 11 , 2000, with regard to
Petition 99-8-6-3, submitted by the City Planning Commission, pursuant to
Council Resolution 498-99, to determine whether or not to amend Article
XVIII Section 18 50D and Section 18 50K of the Zoning Ordinance
pertaining to political signs and changes to the face of any valid
conforming sign, and the Council having conducted a public hearing with
regard to this matter on Monday, March 6, 2000, pursuant to Council
Resolution 53-00, the Council does hereby refer this matter to the
Legislative Committee for its report and recommendation
,,. A roll call vote was taken on the foregoing resolution with the following result:
32184
AYES Vandersloot, Walsh, Duggan Engebretson & Brosnan
NAYS Laura
The President declared the resolution duly adopted
On a motion by Duggan, seconded by Engebretson, it was
#218-00 RESOLVED, that having considered a communication from
the City Planning Commission, dated January 12, 2000, which sets forth
its resolution 01-07-2000 adopted on January 11 , 2000, with regard to
Petition 99-10-1-16, submitted by the City Planning Commission, pursuant
to Council Resolution 673-99, for a change of zoning of property located
on the west side of Farmington Road north of Seven Mile Road (the
former Fire Station No 3 site and adjacent residential parcel to the south)
in the Southeast 1/4 of Section 4, from PL and RUF to OS, and the
Council having conducted a Public Hearing with regard to this matter on
Monday, March 6, 2000, pursuant to Council Resolution 53-00, the
Council does hereby refer this matter back to the Planning Commission to
conduct a Public Hearing and thereafter submit a report and
recommendation on the subject of whether this property should be
rezoned from PL and RUF to a commercial zoning classification
on the foregoing resolution with the followingresult:
A roll call vote was taken g g
AYES Walsh, Duggan, Engebretson and Brosnan
NAYS Vandersloot and Laura
The President declared the resolution duly adopted
On a motion by Laura, seconded by Engebretson, it was
#219-00 RESOLVED, that having considered a communication from
Councilmember Joe Laura, dated March 10, 2000, in connection with
Petition 99-11-SN-15 by Suburban Eye Care for signage for the property
located at 32415 Five Mile Road in the Northwest 1/4 of Section 22, the
Council does hereby repeal and rescind Council Resolution 148-00
A roll call vote was taken with the foregoing resolution with the following result:
AYES Vandersloot, Walsh, Laura, Engebretson & Brosnan
NAYS Duggan
32185
The President declared the resolution duly adopted
On a motion by Laura, seconded by Vandersloot, it was
#220-00 RESOLVED, that having considered a communication
from the City Planning Commission, dated January 28, 2000, which
transmits its resolution 1-20-2000, adopted on January 25, 2000, with
regard to Petition 99-11-SN-15, submitted by Suburban Eye Care,
requesting approval for signage for the property located at 32415 Five
Mile Road in the Northwest 1/4 of Section 22, the Council does hereby
concur in the recommendation of the Planning Commission and hereby
approves Petition 99-11-SN-15, subject to the following conditions
1 That the Sign Package submitted by Suburban Eye Care, as
received by the Planning Commission on November 24, 1999, is
hereby approved and shall be adhered to, provided that the area of
the sign shall not exceed 20 sq ft ,
2 That the sign shall not be illuminated after midnight; and
3 That any additional signage shall come back before the Planning
Commission and City Council for their review and approval
A roll call vote was taken on the foregoing resolution with the following result:
ihor
AYES Vandersloot, Walsh, Laura, Engebretson and Brosnan
NAYS Duggan
The President declared the resolution duly adopted
Dr John Jacoby, Suburban Eye Care, 32415 Five Mile Road, thanked the
Council for rescinding Council Resolution 148-00 and for the opportunity to bring this
issue to the Council in its revised form
On a motion by Vandersloot, seconded by Duggan, and unanimously
adopted, it was
#221-00 RESOLVED, that having considered a communication from
the City Librarian, dated February 15, 2000, 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 $57,964 00, from the sources
32186
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 $500 00 to Account No 702-000-
285-271 for the purposes as designated by the donors, FURTHER, the
Council does hereby appropriate and credit the following amounts as
indicated for collection development:
$10,000 00 to Account No 271-000-691-110
$10,000 00 to Account No 702-000-285-271
$ 5,000 00 to Account No 702-000-285-272
$ 5,000 00 to Account No 702-000-285-273
On a motion by Walsh, seconded by Duggan, and unanimously adopted,
it was.
#222-00 WHEREAS, Act 51, the Transportation Funding Act, expires
on September 30, 2000, and
WHEREAS, public transportation is an important part of a comprehensive
transportation system, and
WHEREAS, the municipal credit program is an important part of Act 51
and public transportation,
NOW, THEREFORE, BE IT RESOLVED, that Jack E Kirksey, Mayor of
the City of Livonia, County of Wayne, State of Michigan, joins with the City
Council of the City of Livonia in urging the State of Michigan to continue
the valuable program of municipal credits, to enact the changes in Act 51
which will allocate to public transportation the full 10% allowable under the
Constitution of the State of Michigan to fund Municipal Credits and to
assure that any changes in the transit funding formula will not take tax
dollars away from southeastern Michigan and SMART,
BE IT FURTHER RESOLVED, that copies of this resolution be sent to
Governor John Engler, State Senator Thaddeus McCotter, State
Representative Laura M Toy, State Representative Gerald Law, the
Wayne County Board of Commissioners and SMART
A communication from Christopher T Koch, Law Offices of Abbott,
Nicholson, Qui!ter, Esshaki & Youngblood, on behalf of Wendy's International, re their
request to withdraw the appeal of Petition 00-1-2-2, to construct a full-service restaurant
with drive-through window on the west side of Middlebelt Road, south of Schoolcraft
32187
Road, in the Northeast 1/4 of Section 26, was received and placed on file for the
information of the Council
On a motion by Engebretson, seconded by Laura, and unanimously
adopted, it was
#223-00 RESOLVED, that having considered a communication from
the City Planning Commission, dated March 10, 2000, which transmits its
resolution 2-39-2000, adopted on February 29, 2000, with regard to
Petition 00-1-2-2, submitted by Jeffrey A. Scott Architects, on behalf of
Wendy's International, requesting waiver use approval to construct a full-
service restaurant with drive-thru window on the west side of Middlebelt
Road, south of Schoolcraft Road, in the Northeast 1/4 of Section 26, which
property is zoned C-2, and having considered a communication from
Christopher T Koch of Abbott, Nicholson, Quilter, Esshaki & Youngblood,
dated March 15, 2000, the Council does hereby determine to take no
further action based upon the aforementioned communication dated
March 15, 2000, wherein the petitioner has requested withdrawal of its
Letter of Appeal of the Planning Commission's denial of Petition 00-1-2-2
On a motion by Engebretson, seconded by Duggan and unanimously
adopted, it was
#224-00 RESOLVED, that the Council does hereby suspend their
rules for procedure as outlined in Council Resolution 574-82 so as to
permit consideration of items that do not appear on the agenda
On a motion by Laura, seconded by Engebretson, and unanimously
adopted, it was
#225-00 RESOLVED, that having considered the report and
recommendation of the Department of Law, dated March 15, 2000,
approved for submission by the Mayor, submitted pursuant to
Council Resolution No 97-00 in connection with the subject of the
applicability of the Telecommunications Ordinance to Metricom,
Inc , and having further considered Metricom's request dated March
8, 2000 for a Consent Agreement pursuant to Section 12 06 020C
of the Livonia Code of Ordinances, the Council does hereby
authorize the Department of Law to enter into negotiations with
Metricom, Inc and to prepare a proposed Consent Agreement for
submission to Council, FURTHER, the Council does hereby
approve the request of Metricom, Inc for a waiver of part of the
32188
application fee and hereby directs Metricom, Inc. to immediately
forward payment in the amount of $5,000 00 for the city's costs in
connection with the review, negotiation, drafting and other steps
necessary in connection with such Consent Agreement.
Kyle Tinker, 47629 Blue Heron Ct., Northville, MI spoke to the
Council in favor of the foregoing proposal regarding the negotiation process for a
Consent Agreement between Metricom, Inc and the City of Livonia
Robert D Starkman, representative from Richard Connor Riley &
Associates, L L.0 , representing Metricom, Inc., thanked the legal staff of the City
of Livonia for its help and cooperation
On a motion by Walsh, seconded by Laura, and unanimously adopted, it
was
#226-00 RESOLVED, that the Council does hereby refer the subject
matter of utility deregulation and franchise agreement to the Legislative
Committee
timor On a motion by Duggan, seconded by Walsh, and unanimously adopted,
this 1413th Regular Meeting of the Council of the City of Livonia was adjourned at 9.25
p m , March 22, 2000
Jo McCotter, City Clerk « �_