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HomeMy WebLinkAboutCOUNCIL MINUTES 2000-10-25 32603 MINUTES OF THE ONE THOUSAND FOUR HUNDRED TWENTY-SEVENTH REGULAR MEETING OF OCTOBER 25, 2000 On October 25, 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 Duggan led the Council in the recitation of the Pledge of Allegiance Roll was called with the following result: Brian Duggan, Joe Laura, Jack Engebretson, John Walsh and Maureen Miller Brosnan Absent: Vandersloot and Pastor Elected and appointed officials present: Jack E Kirksey, Mayor; Robert Beckley, Director of Public Works, Robert Schron, City Engineer; Mark Taormina, City Planner; Sean Kavanagh, City Attorney; Joan McCotter, City Clerk, Linda McCann, Director of Community Resources, Michael Slater, Director of Finance, Mary Rutan, Personnel Director; Ron Reinke, Superintendent of Parks and Recreation, Karen Szymula, Director of Legislative Affairs and Ian Wilshaw, Traffic Commission On a motion by Duggan, seconded by Laura, and unanimously adopted, it was CR 771-00 RESOLVED, that the minutes of the 1,426th Regular Meeting of the Council held October 11, 2000 are hereby approved as submitted At the direction of the Chair, Item #20 (d) — request for the City to enact an ordinance amendment that would require the use of helmets for bicycle riders and rollerbladers who are under 16 years of age (CR 568-00), and Item # 24 — Petition 00-5-2-19 submitted on behalf of Wendy's International for waiver use approval for a full-service restaurant with drive-up window located on the west side of Middlebelt Road between Schoolcraft Road and Industrial Road in the NE 1/4 of Section 26 (CR 603-00), were removed from the agenda and re- scheduled for the Regular Council Meeting of November 8, 2000 A communication from the Public Service Division, dated October 20, 2000, re names of references that were checked when reviewing the bid of 32604 Norwood Construction, the low bidder for the Idyl Wyld Pro Shop Restroom addition project, was received and placed on file for the information of the Council (Agenda Item #8) A communication from the Mayor, dated October 5, 2000 re Staff Leadership Meeting Minutes of September 19, 2000 as it relates to the sale of City-owned property on Glendale Avenue east of Farmington Road in the NW 1/4 of Section 27 to Quality Metalcraft, Inc., was received and placed on file for the information of the Council (Agenda Item #9) On a motion by Duggan, seconded by Laura, and unanimously adopted, it was CR 772-00 RESOLVED, that having considered a letter from the President of Hearts of Livonia, dated September 26, 2000, the Council does hereby determine as follows That Hearts of Livonia is a worthy non-profit charity in the community; 2 That the City of Livonia shall be one of the co-sponsors of the 2001 Golf Day Benefit; 3 That Hearts of Livonia is hereby granted approval to use the Whispering Willows, Fox Creek and Idyl Wyld Municipal Golf Courses on Wednesday, August 22, 2001, for the 24th annual golf outing, and 4 That Hearts of Livonia is hereby granted approval to display banners on Five Mile and Farmington Roads from August 4, 2001, through August 26, 2001, at no additional cost to Hearts of Livonia, which signs shall be removed by August 27, 2001 CR 773-00 RESOLVED, that having considered a communication from the City Assessor, dated September 21, 2000, approved for submission by the Mayor, with regard to a request from Mr Ryan Jay De Jong, 18285 Loveland, Livonia, Michigan 48152, and in accordance with the provisions of 1967 PA 288, as amended, as REVISED - CR 775-00 was 745-Ok 32605 well as Section 18 46 of Ordinance 543, as amended, the Council does hereby determine to deny the request for dividing Tax Item No 46-038-03-0777-004 into two (2) parcels based upon the fact that the request has been withdrawn by the petitioner by letter dated October 13, 2000 CR 774-00 RESOLVED, that the Council does, in accordance with Section 23 01(a) of Zoning Ordinance 543, hereby request that the City Planning Commission conduct a public hearing and thereafter submit its report and recommendation on the question of whether certain property located on Loveland between Curtis and Clarita in the Northwest 1/4 of Section 10 should be rezoned from R-3 to a more appropriate zoning classification, such as R-5 CR 775-00 RESOLVED, that having considered a communication from the Personnel Director, dated September 19, 2000, which bears the signature of the Director of Finance and is approved for submission by the Mayor, and which transmits a resolution adopted by the Civil Service Commission on September 14, 2000, wherein the Commission recommended approval of rate increases for part- time temporary employees including Student Page and High School Co-Op, which rate increases are as follows PROPOSED - MR • - CURRENT RATE CLASSIFICATION RATE EFF. 10/1/00 LIBRARY LIBRARY PAGE $6.50 $8.00 7 00 8 50 after 6 months STUDENT PAGE 5 50 7 00 7.50 after 6 months SUB. LIBRARIAN 12.50 15.00 13 50 16 00 after 100 hours HIGH SCHOOL CO-OP 5 50 7 00 1st year 7 50 2nd year COLLEGE CO-OP 4 75 8 00 1st year 5 00 8.50 2nd year PARKS AND RECREATION RECREATION AIDE 5.25 6.50 Jr Concession Attendant 5 35 6 75 1st year 2nd year Rink Attendant 5 45 7 00 3rd year 32606 ASST. RECREATION LEADER 5 75 7 00 1st year Asst. Recreation Playleader 5.85 7.25 2nd year Cashier/Sr Concession Attendant 5.95 7.50 3rd year RECREATION LEADER 6.50 7.50 1st year Arts&Crafts Instructor 6 75 7 75 2nd year Asst. Supervisor of Athletics 7.00 8.00 3rd year Lifeguard I Recreation Playleader Rink Manager RECREATION SPECIALIST 7.25 8.00 1st year Asst. Pool Manager 7 50 8.25 2nd year Lifeguard II 7 75 8.50 3rd year Supervisor of Arts&Crafts Supervisor of Concessions Supervisor of Playgrounds/Special Events Tennis Instructor PROGRAM SPECIALIST 8 00 9 00 1st year Choral Director 8.25 9.25 2nd year Day Camp Director 8.50 9.50 3rd year Instructor of Special Classes Piano Accompanist Pool Manager Supervisor of Handicapped The Council does hereby concur in and approve of the aforesaid action CR 776-00 RESOLVED, that having considered a communication from the President and Treasurer of Senior Citizen Achievement Needs and the Director of Community Resources, dated October 4, 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 the donation of a 2000 E350 Ford Van valued at $36,590 00 from Senior Citizen Achievement Needs (S C.A.N ) to be used in conjunction with the Senior Transportation Program CR 777-00 RESOLVED, that having considered a communication from the Director of Community Resources and the Director of Public Works, dated October 4, 2000, approved by the City Attorney and approved for submission by the Mayor, to which is attached a proposed contract for caretaking services at the Historical Village at Greenmead between the City of Livonia and Gregg Mabey, the term of which is August 18, 2000, through August 17, 2001, the Council does hereby approve and authorize 32607 the Mayor and City Clerk, for and on behalf of the City of Livonia, to execute the contract, as well as to do all other things necessary or incidental to the full performance of this resolution CR 778-00 RESOLVED, that having considered a communication from the Director of Community Resources, dated September 27, 2000, which bears the signature of the Director of Finance and is approved for submission by the Mayor, and to which is attached a proposed agreement between the City of Livonia and the Wayne County Office of Nutrition Services for the distribution of U S D.A. TEFAP commodities to low income residents through September 30, 2001, the Council does hereby authorize the Mayor and City Clerk, for and on behalf of the City of Livonia, to execute the said agreement in the manner and form herein submitted, as well as to do all other things necessary or incidental to the full performance of this resolution A communication from the Economic Development Office of the Livonia Planning Department, dated September 29, 2000, re their Annual Report for the period July 17, 1999 through August 1 , 2000, was received and placed on file for the information of the Council CR 779-00 RESOLVED, that having considered the report and recommendation of the Public Utility Manager and the Director of Public Works, dated October 6, 2000, which bears the signature of the Director of Finance and is approved for submission by the Mayor, the Council does hereby accept the bid of Norwood Construction, Inc., 1130 W Grand Boulevard, Detroit, Michigan 48208, for completing all work required in connection with the addition of a restroom to the existing Pro Shop Building at Idyl Wyld Golf Course in the total amount of $70,500 00, FURTHER, the Council does hereby authorize the expenditure of a sum not to exceed $70,500 00 from Account No 401-000-974-010 (Capital Improvement Fund - Land Improvement - Parks) for this purpose, FURTHER, the Council does hereby authorize a budget transfer in the amount of $21,400 00 from Account No 401-000-976-027 (Generator Replacements) to Account No 401-000-974-010 for this purpose, 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 things necessary or incidental to the full performance of this resolution 32608 CR 780-00 RESOLVED, that having considered a communication from the Department of Law, dated September 29, 2000, which bears the signature of the Director of Finance and is approved for submission by the Mayor, submitted pursuant to Council Resolution 169-00, to which is attached a Real Estate Sales Agreement (the "Agreement"), the Council does hereby accept the offer of Quality Metalcraft, Inc., 33355 Glendale, Livonia, Michigan 48150, to purchase certain city-owned property in the northwest 1/4 of Section 27, further described as Parcel A: That part of the Northwest 1/4 of Section 27, Town 1 South, Range 9 East, City of Livonia, Wayne County, Michigan more particularly described as beginning at a point distant South 00°06'20" West, 825 00 feet and North 89°35'30" West, 1,236 76 feet and South 00°20'30" West, 1,003 00 feet from the North 1/4 corner of Section 27 and proceeding thence South 89°12'20" East, 517 50 feet; thence South 00°20' 30" West, 41.20 feet; thence North 89°12'20" West, 300.26 feet; thence South 00°20'30" West, 243 80 feet; thence North 89°12'20" West, 217.24 feet; thence North 00°20' 30" East, 285 00 to the point of beginning Containing 1 705 Acres Parcel B: That part of the Northwest 1/4 of Section 27, Town 1 South, Range 9 East, City of Livonia, Wayne County, Michigan more particularly described as beginning at a point distant South 00°06'20" West, 825 00 feet and North 89°35'30" West, 1,236 76 feet and South 00°20'30" West, 1,288 00 feet and South 89°12'20" East, 217.24 feet from the North 1/4 corner of Section 27 and proceeding thence South 89°12'20" East, 300 26 feet; thence North 00°20'30" East, 243 80 feet; thence North 89°12'20" West, 300.26 feet; thence South 00°20'30" West, 243 80 feet to the point of beginning Containing 1 680 Acres for the sum of $550,000 00, subject to execution of a real estate sales agreement substantially in the form of the Agreement; and the Department of Law is requested to notify Peter A. Basile Sons, Inc of the termination of its leasehold as to a portion of the subject property, and to negotiate, prepare and place in proper form such real estate sales agreement and a quit claim deed and such other documents as may be necessary or incidental to fulfill the purpose of this resolution, and the Mayor and City Clerk are hereby requested to execute such real estate sales agreement and quit claim deed, subject to approval as to form by the Department of Law, as well as to do all other things necessary or incidental to the full performance of this resolution, FURTHER, the Council does 32609 hereby direct that the net proceeds from the sale of this property be deposited into the Capital Improvement Fund (401) for future capital improvement projects CR 781-00 RESOLVED, that the Council does, in accordance with Section 23 01(a) of Zoning Ordinance 543, hereby request that the City Planning Commission conduct a public hearing and thereafter submit its report and recommendation on the question of whether certain property located along the north side of Glendale Avenue east of Farmington Road in the Northwest 1/4 of Section 27 should be rezoned from PL to a more appropriate zoning classification, such as M-2. A communication from the Department of Law, dated October 4, 2000, re - Administrative Response- the regulation of adult foster care homes, was received and placed on file for the information of the Council (CR 294-97) CR 782-00 RESOLVED, that having considered the report and recommendation of the Director of Public Works and the City Engineer, dated September 18, 2000, approved for submission by the Mayor, submitted pursuant to Council Resolution 537-00, and the report and recommendation of the Traffic Commission, dated August 19, 2000, approved for submission by the Mayor, submitted pursuant to Council Resolution 536-00, in connection with a communication from Bonita Trush, Manager of Corporate Purchasing and Facilities, Valassis Communications, Inc., dated June 23, 2000, requesting the installation of traffic lights at the intersections of Pembroke and Victor Parkway and Eight Mile Road and Victor Parkway, the Council does hereby determine to take no further action with respect to this matter CR 783-00 RESOLVED, that having considered the report and recommendation of the Director of Public Works and the City Engineer, dated September 26, 2000, approved for submission by the Mayor, to which is attached a communication from the Michigan Department of Transportation, dated September 15, 2000, requesting the waiver of any applicable City noise ordinance for the Michigan Department of Transportation in order to permit a 24-hour work day in connection with the 1-96 Expressway Bridge Repair Project and the Resurfacing/Reconstruction Project, the Council does hereby approve this request and does hereby waive all atop 32610 applicable work hour/noise provisions of the Livonia Code of Ordinances for these specific projects in order to best serve the overall best interests of the public and to promote the prompt completion of this project, subject to the following conditions 1 That the granting of this waiver may be withdrawn at any time upon determination by the City Engineer, after receiving numerous complaints, that the waiver is impacting the health, safety and welfare of adjacent residents, 2 That the following operations shall be prohibited between the hours of 11 00 p m and 7 00 a m throughout the week. - The use of air hammers or pavement breaking machinery; - The delivery of loose aggregates to a location within 500 feet of a residential structure, 3 That no concrete batch plant or its material storage area shall be located within 400 feet of a residential structure CR 784-00 RESOLVED, that having considered the report and recommendation of the Director of Public Works and the City Engineer, dated October 6, 2000, which bears the signature of the Director of Finance and is approved for submission by the Mayor, regarding additional work required in connection with the Year 2000 Sidewalk Program (Contract 00-B) previously authorized in Council Resolution 210-00, adopted on March 22, 2000, the Council does hereby authorize an advance and expenditure in the additional amount of $216,000 00 (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 from the payment of bills and assessments by affected property owners, FURTHER, the Council does hereby appropriate and authorize an additional expenditure in the amount of $13,000 00 from the Michigan Transportation Fund (Local Road Account) to pay for the City's portion of this contract; FURTHER, the Council does further authorize an appropriation and expenditure in the amount of $21,000 00 from the Unexpended Fund Balance of the Water and Sewer Fund to pay for the portion of the project dealing with replacements in conjunction with water main repairs 32611 CR 785-00 RESOLVED, that having considered a communication from the City Planning Commission, dated July 14, 2000, which transmits its resolution 7-133-2000, adopted on July 11, 2000, with regard to Petition 00-6-SN-11, submitted by PetsMart, requesting two, approval for signage for the commercial building located at 13150 Middlebelt Road in the Northwest 1/4 of Section 25, the Council does hereby concur in the recommendation of the Planning Commission and Petition 00-6-SN-11 is hereby approved, subject to the following conditions 1 That the Sign Package submitted by North American Signs dated August 8, 2000, as received by the Planning Commission on September 12, 2000, is hereby approved and shall be adhered to, provided that the sign shall not exceed 123 sq ft. in sign area, and also that the word "grooming" shall iivt aNNcar viii the Digi 2 That this wall sign shall not be illuminated beyond one (1) hour after this business closes, or midnight, whatever occurs first, 3 That window signage for this store shall be limited to 20% of all glass area as permitted by Section 18 50D(g) of Zoning Ordinance #543, and 4 That any additional signage shall come back before the Planning Commission and City Council for their review and approval CR 786-00 RESOLVED, that having considered a communication from the City Planning Commission, dated October 5, 2000, which transmits its resolution 10-183-2000, adopted on October 3, 2000, with regard to Petition 00-9-8-15 submitted by the City of Livonia, requesting site plan approval in connection with a proposal to construct an addition to the Eddie Edgar Ice Arena located at 33841 Lyndon Avenue in the Southeast 1/4 of Section 21, 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 00-9-8-15 is hereby approved and granted, subject to the following conditions 1 That the Preliminary Site Plan date stamped October 3, 2000, by Bartow & King Engineers is hereby approved, subject to final approval by the City Council, 32612 2 That the Preliminary Floor Plan marked Sheet A-2 0, dated September 27, 2000, and the Preliminary Exterior Building Elevation Plan marked Sheet A-3 1, dated September 28, 2000, both prepared by Andrus Architects, are hereby approved subject to final approval by the City Council, 3 That all disturbed lawn areas shall be sodded in lieu of hydroseeding, and 4 That the brick used in the construction shall be full-face four (4") inch brick, no exception CR 787-00 RESOLVED, that having considered a communication from the Council President, dated October 9, 2000, to which is attached a proposed schedule of Council Study and Regular Meetings for the period January 1, 2001, through December 31, 2001, the Council does hereby approve the following dates for City Council meetings for 2001, subject to change with notice Study Meetings Regular Meetings JANUARY Wednesday, January 3 Wednesday, January 10 Wednesday, January 17 Wednesday, January 24 Imo FEBRUARY Monday, January 29 Wednesday, February 7 Monday, February 12 Wednesday, February 21 MARCH Monday, February 26 Wednesday, March 7 Monday, March 12 Monday, March 19 APRIL Monday, March 26 Wednesday, April 4 Monday, April 9 Wednesday, April 18 MAY Monday, April 23 Wednesday, May 2 Monday, May 7 Wednesday, May 16 JUNE Monday, May 21 Monday, June 4 Wednesday, June 6 Wednesday, June 13 32613 JULY Monday, June 25 Monday, July 2 Monday, July 9 Wednesday, July 18 AUGUST Monday, August 6 Monday, August 13 Monday, August 20 Monday, August 27 SEPTEMBER Wednesday, August 29 Wednesday, September 5 Monday, September 17 Wednesday, September 26 OCTOBER Monday, October 1 Wednesday, October 10 Monday, October 15 Wednesday, October 24 NOVEMBER Monday, October 29 Wednesday, November 7 Wednesday, November 14 Wednesday, November 21 DECEMBER Monday, November 26 Monday, December 3 Wednesday, December 12 Wednesday, December 19 CR 788-00 WHEREAS, the City of Livonia has received a request from Ernst & Young LLP, on behalf of Quicken Loans, Inc and Victor Parkway Associates, LLC, dated October 16, 2000, proposing the establishment of an industrial development district; and WHEREAS, pursuant to Act 198 of the Public Acts of 1974, as amended, this Council has authority to establish industrial development districts within the boundaries of the City of Livonia, and WHEREAS, there is located within the boundaries of the City of Livonia an area of approximately 12 72 acres lying in the North 1/2 of Section 6 as more particularly described in the attachment to the application which is hereby incorporated by reference and which is hereinafter referred to as "Proposed City of Livonia Industrial Development District No 83", NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF LIVONIA, as follows 1 The City Clerk is directed to give written notice by certified mail of this action to all owners of real property within the 32614 boundaries of Proposed City of Livonia Industrial Development District No 83 2 This City Council sets Monday, December 18, 2000, at 7 00 p m as the date for the holding of a public hearing on the question of whether this City Council should establish the Industrial Development District described above 3 This City Council directs the City Clerk to provide notice, as required by law, of the public hearing fixed above, so that all residents or taxpayers of the City of Livonia shall be afforded an opportunity to be heard on the question of establishing the Industrial Development District described above CR 789-00 RESOLVED, that having considered a communication dated October 5, 2000, from Miller Canfield, Paddock and Stone P L C , on behalf of CVS Pharmacy, which in accordance with the provisions of Section 19 08 of Ordinance No 543, as amended, the Zoning Ordinance, takes an appeal from a determination made on October 3, 2000, by the City Planning Commission in its resolution 10-180-2000 with regard to Petition 00-8-8-11 submitted by CVS Pharmacy requesting approval of all plans required by Section 18 58 of the Zoning Ordinance for a proposal to construct a retail building on property located at 29500 Five Mile Road in the Southeast 1/4 of Section 14, the Council does hereby designate Wednesday, December 13, 2000, at 7 00 p m as the date and time for conducting a Public Hearing with regard to this matter, such hearing to be held at the City Hall, 33000 Civic Center Drive, Livonia, Michigan, and the City Clerk is hereby requested to do all things necessary in order to give proper notice in writing, as well as by the publication of a notice in the City's official newspaper of such hearing and the date and place thereof, in compliance with the requirements set forth in Ordinance No 543, as amended, the Zoning Ordinance of the City of Livonia A roll call vote was taken on the foregoing resolutions with the following result: AYES Duggan, Laura, Engebretson, Walsh and Brosnan NAYS None On a motion by Engebretson, seconded by Duggan, and unanimously adopted, it was CR 790-00 RESOLVED, that having considered the reports and recommendations of the Capital Improvement Committee, dated 32615 September 12, 2000, and October 12, 2000, submitted pursuant to Council Resolution 402-96, in connection with a proposed architectural design contract with Neumann Smith & Associates, attached thereto (the "Contract"), the Council does hereby accept alum the proposal of Neumann Smith & Associates, 400 Galleria Officentre, Suite 555, Southfield, Michigan 48034, to provide architectural services for the Recreation Center pursuant to the contract in the amount of $1,778,342 00 with an estimated $45,000 00 in additional reimbursable expenses, FURTHER, the Council does hereby appropriate and authorize the expenditure of the sum of $1,823,342 00 from Fund 408 for this purpose, 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 the Contract and to do all things necessary or incidental to the full performance of this resolution, FURTHER, the Council does hereby authorize such action without competitive bidding in accordance with Section 3 04 140D2 and D4 of the Livonia Code of Ordinances, as amended A report from the Capital Improvement Committee meeting held on September 12, 2000, re presentations made by architectural firms relating to the construction of a new Recreation Center, and the development of an evaluation matrix for the selection of an architectural firm for this project, was received and placed on file for the information of the Council (CR 402-96) A report from the Capital Improvement Committee meeting held on October 12, 2000, re discussion of the construction of a new Recreation Center and the ultimate selection of the Neumann Smith partnership as the selected architectural firm for this project, to be approved at the October 25, 2000 Regular Council Meeting, was received and placed on file for the information of the Council (CR 402-96) A communication from the Department of Law, dated October 24, 2000, re facets of the contract the City has negotiated with Neumann Smith & ear 32616 Associates related to the new Community Recreation Center, was received and placed on file for the information of the Council (CR 402-96) Ken Neumann, representative of Neumann Smith & Associates, expressed his pleasure at being selected as the contractor for the new Community Recreation Center project. On a motion by Laura, seconded by Engebretson, and unanimously adopted, it was CR 791-00 RESOLVED, that the Council hereby determines that the annual budget for the fiscal year as submitted by the Mayor for the next fiscal year commencing December 1, 2000, and ending November 30, 2001, as shown in the Budget Document in Section I, submitted by the Mayor to the Council on September 15, 2000, as amended to include changes to Community Recreation Fund 208 as outlined in correspondence from the Director of Finance, dated October 10, 2000, pursuant to Section 3, Chapter VII of the City Charter, be and hereby is determined and adopted, and appropriations made as provided by the City Charter; provided, however, for the monthly reports to the Council, the amounts as shown in Sections III and IV should be used for comparative reporting purposes, and Council approval is required for any modification to the amounts shown in Section I, and that all proceedings on said Budget be and hereby are approved as being in full conformance with the City Charter, a public hearing having been held on October 16, 2000, after proper notice being published in the Livonia Observer and Eccentric, the official newspaper of the City, on October 5, 2000, and provided further that the City Clerk shall publish or cause to be published this resolution together with a summary of said Budget as adopted herein, together with the minutes of this meeting A communication from the Department of Finance, dated October 10, 2000, re a revised description of recreation programs and budget adjustments for some recreation activities, was received and placed on file for the information of the Council On a motion by Laura, seconded by Walsh, and unanimously adopted, it was 32617 CR 792-00 RESOLVED, that pursuant to Section 5, Chapter VII and Section 1 of Chapter VIII of the Charter of the City of Livonia, the Council does hereby establish a tax levy of 4 0901 mills, of the taxable valuation of all real and personal property subject to taxation in the City of Livonia for the next fiscal year commencing December 1, 2000, and ending November 30, 2001, and in addition to the above amount which is authorized to be levied for general purposes by the Charter of the City of Livonia (a) The Council does hereby establish a tax levy of 8180 mills, of the Taxable Valuation of all real and personal property subject to taxation in the City of Livonia for the fiscal year set out above, pursuant to Section 1 of Chapter VIII of the Charter of the City of Livonia, for the purpose of providing additional revenues for police protection and law enforcement personnel, equipment, supplies and facilities of the City of Livonia, in addition to the amount authorized to be levied for general municipal purposes, (b) The Council does hereby establish a tax levy of 1 2271 mills, of the Taxable Valuation of all real and personal property subject to taxation in the City of Livonia for the fiscal year set out above, pursuant to Section 1 of Chapter VIII of the Charter of the City of Livonia, for the purpose of providing additional revenues for fire, police and snow removal personnel, equipment, supplies and facilities of the City of Livonia, in addition to the amount authorized to be levied for general municipal purposes, (c) The Council does hereby establish a tax levy of 8180 mills, of the Taxable Valuation of all real and personal property subject to taxation in the City of Livonia for the fiscal year set out above, pursuant to Section 1 of Chapter VIII of the Charter of the City of Livonia, for the purpose of providing additional revenues for library services, supplies and facilities in the City of Livonia, in addition to the amount authorized to be levied for general municipal purposes, (d) The Council does hereby establish a tax levy of 0132 mills, of the Taxable Valuation of all real and personal property subject to taxation in the City of Livonia for the fiscal year set out above, pursuant to the provisions of Act 379 of the Public Acts of 1925, for the purpose of advertising, exploiting and making known the industrial and commercial advantages of the City of Livonia and to establish projects for the purpose 32618 of encouraging immigration to, and increasing the trade, business and industries of the City of Livonia, in addition to the amount which is authorized to be levied for general municipal purposes, (e) The Council does hereby establish a tax levy of 2 1040 mills, of the Taxable Valuation of all real and personal property subject to taxation in the City of Livonia for the fiscal year set out above, pursuant to the provisions of Act 298 of the Public Acts of 1917, for the purpose of establishing, operating, maintaining and administering the Municipal Garbage Collection System and/or plant for the collection and disposal of garbage and refuse in the City of Livonia, in addition to the amount authorized to be levied for general municipal purposes, (f) The Council does hereby establish a tax levy of 3007 mills, of the Taxable Valuation of all real and personal property subject to taxation in the City of Livonia for the fiscal year set out above, for the purpose of debt retirement on the 1990 Street Improvement Bond, Series I, Series II, Series III and Series IV, in addition to the amount which is authorized to be levied for general municipal purposes, (g) The Council does hereby establish a tax levy of 5048 mills, of the Taxable Valuation of all real and personal property subject to taxation in the City of Livonia for the fiscal year set out above, for the purpose of defraying City expenses and liabilities for the collection and disposal activities required for curbside recycling and yard waste composting programs, in addition to the amount authorized to be levied for general municipal purposes, (h) The Council does hereby establish a tax levy of 7945 mills, of the Taxable Valuation of all real and personal property subject to taxation in the City of Livonia for the fiscal year set out above, for the purpose of providing additional revenues for a community recreation center, youth and recreation personnel, equipment, supplies, facilities and operations, in addition to the amount authorized to be levied for general municipal purposes, AND PROVIDED FURTHER, that the Wayne County Bureau of Taxation, City Assessor, City Treasurer and City Clerk are hereby authorized and directed to do all things necessary or incidental to the full performance of this resolution, and the City Clerk is hereby REVISED - SEE BOLD TYPE 32619 requested to immediately transmit copies of this resolution to each of the above offices On a motion by Walsh, seconded by Laura, and unanimously adopted, it was. CR 793-00 RESOLVED, that having considered the report and recommendation of the Legislative Committee, dated October 10, 2000, submitted pursuant to Council Resolution 449-99, and a communication from the Zoning Board of Appeals, dated June 1, 1999, which transmits a resolution adopted by the Zoning Board of Appeals at its special meeting held May 25, 1999, requesting an amendment to Title 15, Chapter 44 (Fences) of the Livonia Code of Ordinances, as amended, pertaining to the issue of the side yard setback requirement on corner lots, and having considered a letter from Mrs. Marilyn Tomaszewski, 19918 Maplewood, dated April 21, 1999, the Council does hereby determine to take no further action with respect to this matter On a motion by Walsh, seconded by Laura, and unanimously adopted, it was CR 794-00 RESOLVED, that having considered the report and recommendation of the Legislative Committee, dated October 10, 2000, submitted pursuant to Council Resolution 220-98, and the report and recommendation of the Department of Law, dated March 2, 1998, approved for submission by the Mayor, submitted pursuant to Council Resolution 658-97, concerning ordinance procedures to ensure satisfactory completion of subdivisions, including Pines of Winfield, and the related question of appropriate bond amounts, the Council does hereby determine to take no further action with respect to this matter A communication from the Department of Law, dated October 5, 1999, submitted pursuant to Council Resolution 653-99, re Zoning Board of Appeals Meeting of March 30, 1999 related to the lot split and zoning variance at 29802 and 29820 Greenland, was received and placed on file for the information of the Council REVISED - See Bold Type 32620 A communication from Gerald Munday, Sr , 33606 Lyndon, dated September 16, 1999, re lot split at 29820 Greenland, was received and placed on file for the information of the Council On a motion by Walsh, seconded by Duggan, and unanimously adopted, it was CR 795-00 RESOLVED, that having considered the report and recommendation of the Legislative Committee, dated October 10, 2000, submitted pursuant to Council Resolution 652-99, regarding the subject matter of non-conforming lot splits, the Council does hereby determine to take no further action with respect to this matter A communication from the Planning Department, dated October 9, 2000, re research of waiver use petitions submitted by grocery stores seeking to conduct seasonal retail sales and/or display of plant materials and other home garden supplies, was received and placed on file for the information of the Council (Pet. 00-5-2-23 - Farmer Jack Outdoor Display) On a motion by Walsh, seconded by Duggan, and unanimously adopted, it was CR 796-00 RESOLVED, that having considered the report and recommendation of the Legislative Committee, dated October 10, 2000, submitted pursuant to Council Resolution 387-00, regarding the subject matter of outdoor sales and displays on commercial property, the Council does hereby refer the subject of possible ordinance amendments in this regard to the Department of Law for its report and recommendation Councilmember Duggan left the podium at 8 37 p.m due to a conflict of interest. Councilmember Laura took from the table, for second reading and adoption, the following Ordinance REVISED 32621 AN ORDINANCE AMENDING SECTION 13 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 00-4-1-7) A roll call vote was taken on the foregoing Ordinance with the following result: AYES Laura, Engebretson, Walsh and Brosnan NAYS None The President declared the foregoing Ordinance duly adopted, and would become effective on publication Councilmember Duggan returned to the podium at 8 38 p m On a motion by Walsh, seconded by Laura, and unanimously adopted, it was CR 797-00 RESOLVED, that having considered a communication from the City Assessor, dated October 2, 2000, approved for submission by the Mayor, with regard to a request from Ms Opal Begley, 20330 Purlingbrook, Livonia, Michigan 48152, and in accordance with the provisions of 1967 PA 288, as amended, as well as Section 18 46 of Ordinance 543, as amended, the Council does hereby approve of the proposed division of Tax Item No 46- 005-99-0058-000 into four (4) parcels, the legal descriptions of which shall read as follows PARCEL 1 Part of Northeast 1/4 of Section 2, T 1 S , R. 9 E City of Livonia, Wayne County, Michigan, described as Commencing at the North 1/4 corner of said Section 2, thence Due South 661.20 feet along the North/South 1/4 line of said Section 2, said line also being the centerline of Purlingbrook Road (60 feet wide), thence N 89° 58' 32" E 30 00 feet to a point on the East right of way line of said Purlingbrook Road said point being the POINT OF BEGINNING, thence N 89° 58' 32" E 330 00 feet; thence Due South 86 78 feet; thence S 89° 58'32" W 330 00 feet to a point on the East right of way line of said Purlingbrook Road, and thence Due North 86 78 feet along said East right of way to the REVISED 32622 POINT OF BEGINNING Containing 0 66 acres of land, more or less Subject to any and all easements or rights of way of record, if any PARCEL 2 Part of the Northeast % of Section 2 T 1 S , R. 9 E City of Livonia, Wayne County, Michigan, described as Commencing at the North 1/4 corner of said Section 2, thence Due South 661 20 feet along the North/South % line of said Section 2, said line also being the centerline of Purlingbrook Road (60 feet wide), thence N 89° 58' 32" E 360 00 feet to the POINT OF BEGINNING, thence continuing N 89° 58' 32" E 274 40 feet to a point on the West right of way line of Oporto Avenue (50 feet wide), thence S 00° 06' 50" W 82.58 feet along said West right of way; thence S 89° 58' 32" W 274 24 feet, and thence Due North 82 58 feet to the POINT OF BEGINNING Containing 0 52 acres of land, more or less Subject to a temporary easement for the installation of sanitary sewer over the Easterly 10 feet. Also subject to any and all easements or rights of way of record, if any PARCEL 3 Part of the Northeast 1/4 of Section 2 T 1S , R9E City of Livonia, Wayne County, Michigan, described as Commencing at the North 1/4 corner of said Section 2, thence Due South 826 50 feet along the North/South 1/4 line of said Section 2, said line also being the centerline of Purlingbrook Road (60 feet wide), thence N 89° 57' 46" E 30 00 feet to a point on the East right of way line of said Purlingbrook Road, thence Due North 78 51 feet along said East right of way line, thence N 89° 58' 32" E 313 76 feet; thence Due South 78 44 feet; and thence S 89° 57'46" W 313 76 feet to the POINT OF BEGINNING Containing 0 57 acres of land, more or less Subject to any and all easements or rights of way of record, if any PARCEL 4 Part of the Northeast 1/4 of Section 2 T 1 S , R 9 E City of Livonia, Wayne County, Michigan, described as Commencing at the North % corner of said Section 2, thence Due South 826 50 feet along the North/South 1/4 line of said Section 2, said line also being the centerline of Purlingbrook Road (60 feet wide), thence N 89° 57' 46" E 343 76 feet to the POINT OF BEGINNING, thence Due North 78 44 feet; thence N 89°58' 32" E 16 24 feet, thence Due North 4 20 feet; thence N 89° 58' 32" E 274.24 feet to a point on the West right of way line of Oporto 32623 Avenue (50 feet wide), thence S 00° 06' 50" W 82 58 feet along said West right of way; thence S 89° 57' 46" W 290 31 feet to the POINT OF BEGINNING Containing 0 55 acres of land, more or less Subject to a temporary easement for the installation of sanitary sewer over the Easterly 10 feet. Also subject to any and all easements or rights of way of record, if any 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 A communication from Opal and Patty Begley, 20330 Purlingbrook and 20305 Purlingbrook, respectively, dated October 23, 2000, re the reasons for the irregular configurations of the proposed lot split at 20330 Purlingbrook, was received and placed on file for the information of the Council A communication from the Planning Department, dated October 18, 2000, re background information on a lot split approved for Mr and Mrs Jack err Pelon, Jr , as it relates to the proposed lot split of Opal Begley, 20330 Purlingbrook, was received and placed on file for the information of the Council Councilmember Duggan left the podium at 8 40 due to a conflict of interest. On a motion by Engebretson, seconded by Laura, and unanimously adopted, it was CR 798-00 RESOLVED, that having considered a communication from the City Planning Commission, dated July 14, 2000, which sets forth its resolution 7-135-2000 adopted on July 14, 2000, with regard to Petition 00-4-1-8, submitted by Leo Soave Building Company, Inc , for a change of zoning of property located on the south side of Morlock Road between Parkville Avenue and Maplewood Avenue in the Northwest 1/4 of Section 1, from RUF to R-2, and the Council having conducted a public hearing with regard to this matter on Wednesday, October 4, 2000, pursuant to Council Resolution 601-00, as amended by Council Resolution 732-00, the Council does hereby approve Petition 00-4-1-8 , as amended, with respect to Lot 395 (c) for preparation of the Ordinance for 32624 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 A roll call vote was taken on the foregoing resolution with the following result. AYES Laura, Engebretson, Walsh and Brosnan NAYS None The President declared the foregoing resolution duly adopted Councilmember Duggan returned to the podium at 8 45 p m A communication from the Planning Department, dated October 9, 2000, re the matter of a valid protest being in effect for Petition 00-4-1-8 by Leo Soave for rezoning property on Morlock Road between Parkville and Maplewood Avenues, and the requirement that a 3/4 majority vote of City Council be required for approval of this action, was received and placed on file for the information of the Council A petition dated October 25, 2000, re neighbors not objecting to the rezoning of property on Morlock Road between Parkville and Maplewood Avenues, subject to provisions, was received and placed on file for the information of the Council (Pet. 00-4-1-8) A communication from Abbott, Nicholson, Quilter, Esshaki & Youngblood, representing Wendy's International, dated October 23, 2000, re removing Petition 00-5-2-19 for waiver use approval to construct a full-service restaurant with drive-up window facilities located on the west side of Middlebelt Road between Schoolcraft and Industrial Roads from the agenda of the October 32625 25, 2000 Regular Council Meeting, and re-scheduling it for the Regular Council Meeting of November 8, 2000, was received and placed on file for the information of the Council Councilmember Duggan reminded everyone of the Holiday Parade to be held on Saturday, November 18, 2000 Councilmember Engebretson wished his wife, Senie, a "Happy Anniversary" on the occasion of their 44th wedding anniversary On a motion by Duggan, seconded by Engebretson, and unanimously adopted, this 1,427th Regular Meeting of the Council of the City of Livonia was adjourned at 8 47 p m , October 25, 2000 Ja‘n McCotter, City Clerk