HomeMy WebLinkAboutCOUNCIL MINUTES 2000-07-19 32399
MINUTES OF THE ONE THOUSAND FOUR HUNDRED TWENTY FIRST
REGULAR MEETING OF JULY 19. 2000
On July 19, 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 8.05 p m Councilmember Duggan delivered the invocation
Roll was called with the following result. Brian Duggan, Joe Laura, Jack
Engebretson, Val I Vandersloot and Maureen Miller Brosnan
Absent: John Walsh-arrived at 8 14 pm , John Pastor, illness
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, Robert Beckley, Director of Public Works, Jim Inglis, Housing
Director and Ian Wilshaw, Traffic Commission
On a motion by Duggan, seconded by Vandersloot, it was
CR 519-00 RESOLVED, that the minutes of the 1,420th Regular Meeting
of the Council held July 5, 2000 are hereby approved as submitted
A roll call vote was taken on the foregoing resolution with the following result:
AYES Duggan, Engebretson, Vandersloot and Brosnan
NAYS None
PRESENT Joe Laura
During the audience communication portion of the meeting, Amy Pivetta,
31088 Mason, Livonia spoke to the Council regarding her request to hold a block party
On a motion by Duggan, seconded by Laura, and unanimously adopted, it
was
CR 520-00 RESOLVED, that having considered an application from
Amy Pivetta and Robin Jakubowski, 31088 and 31098 Mason,
respectively, dated July 17, 2000, requesting permission to close the
street between the addresses of 31071 Mason and 14335 Bainbridge
Lan Saturday, July 22, 2000, from 12 00 p m to 1000 p m for the
purpose of conducting a block party, the Council does hereby grant
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permission as requested, including therein permission to conduct the
said affair on Sunday, July 23, 2000, in the event of inclement weather,
the action taken herein being made subject to the approval of the Police
Department.
Council President Brosnan announced that Councilmember Duggan
had celebrated a birthday on July 5 and that City Engineer Bob Schron was
celebrating his birthday today on July 19
Councilmember Engebretson stated his intention to discharge the
proposed lot split requested by Mr Brian Peters, 8917 Newburgh Road, from the
Streets, Roads and Plats Committee at the next Regular Council Meeting
Councilmember Brosnan announced that Karen Szymula, Director of
Legislative Affairs, became a proud grandmother today to a grandson named Louis
Adam Hunt V She was presented this 7 pound 4 ounce, 20 1/2 inches long boy by
her daughter, Amanda Hunt and her husband Louis, who are living in Grand Rapids
The entire family is doing well
At the direction of the Chair, Item #4 was removed from the Consent
portion of the Agenda
A communication from the Rotary Club of Livonia, dated July 17, 2000,
re information requested by Council related to their Bar-B-Que and Family Fun Fest,
was received and placed on file for the information of the Council (Agenda Item #5)
A communication from the Engineering Division, dated July 13, 2000,
re the final contract amount of Hard Rock Concrete's 1999 contract for Pavement
and Catch Basin Repair Program, was received and placed on file for the information
of the Council (Agenda Item #12)
On a motion by Duggan, seconded by Laura, and unanimously
adopted, it was
CR 521-00 RESOLVED, that having considered an application from
Shawn Staff, 14103 Blackburn, dated June 28, 2000, requesting
permission to close Blackburn between Perth and Scone on Saturday,
July 29, 2000, from 2 00 p m to 10 00 p m for the purpose of conducting
a block party, the Council does hereby grant permission as requested,
including therein permission to conduct the said affair on Saturday, August
5, 2000, in the event of inclement weather, the action taken herein being
made subject to the approval of the Police Department.
CR 522-00 RESOLVED, that having considered an application from
Sharon MacKenzie, 9253 Woodring, dated June 21, 2000, requesting
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permission to close Woodring between Vermont and Oregon on Saturday,
August 12, 2000, from 1 00 p m to 1000 p m for the purpose of
conducting a block party, the Council does hereby grant permission as
requested, including therein permission to conduct the said affair on
Sunday, August 13, 2000, in the event of inclement weather, the action
taken herein being made subject to the approval of the Police Department.
CR 523-00 RESOLVED, that having considered an application from
Gisele Sidor, 36026 Dover, dated June 22, 2000, requesting permission to
close Dover between Linville and Crown on Saturday, August 26, 2000,
from 9.00 a m to 10.00 p m for the purpose of conducting a block party,
the Council does hereby grant permission as requested, including therein
permission to conduct the said affair on Sunday, August 27, 2000, in the
event of inclement weather, the action taken herein being made subject to
the approval of the Police Department.
CR 524-00 RESOLVED, that having considered a letter from Del Sisler,
on behalf of the Rotary Club of Livonia, dated June 29, 2000, and a
communication from the Superintendent of Parks and Recreation, dated
June 29, 2000, which bears the signature of the Director of Finance and is
approved for submission by the Mayor, requesting permission to sell beer,
to place a banner at the entrance to Rotary Park for a period not to exceed
two weeks, and to place 14"x 22" wire mounted signs at all major
intersections of the City as listed in a letter submitted to the City Council
dated July 17, 2000, announcing the Rotary Club of Livonia's Annual Bar-
B-Que and Family Fun Fest to be held at Rotary Park on Sunday, August
13, 2000, as a fund-raiser for Rotary Park and other Rotary community
and international projects, the Council does hereby grant permission as
requested, the action taken herein being subject to the following
conditions
1 The Rotary Club of Livonia shall provide the City of Livonia with an
appropriate insurance policy naming the City of Livonia as
additional insured with liquor liability coverage in the amount of $1
million, and such certificate of insurance shall be submitted to the
Department of Law for approval by the City prior to the event;
2 That all alcoholic beverages will be sold only by Rotarians and
proof of legitimate drinking age will be required,
3 That alcoholic beverages will be served in a fenced off area,
4 That the Rotary Club will obtain a 24-hour Alcohol Sales Permit
from the State of Michigan prior to this event;
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5 That medical and security personnel shall be on site at all times,
and
6 That the wire-mounted road signs will be installed on July 29, 2000
and removed by Monday, August 14, 2000
CR 525-00 WHEREAS, the City Council intends to authorize the
issuance and sale of Water Supply and Sewage Disposal System
Revenue Bonds pursuant to Act 94, Public Acts of Michigan, 1933, as
amended, in the principal amount of not to exceed in total Five Million
Dollars ($5,000,000 00), for the purpose of paying all or part of the cost of
acquiring and constructing necessary additions, extensions and
improvements to the City's Water Supply and Sewage Disposal System
together with all necessary appurtenances and attachments thereto (the
"Project"); and
WHEREAS, a Notice of Intent to Issue Bonds must be published at least
forty-five (45) days before issuance of the same in order to comply with
the requirements of Section 33 of Act 94, Public Acts of Michigan, 1933,
as amended, and
WHEREAS, prior to issuance of the above obligation, the City must either
receive prior approval of such obligation from the Michigan Department of
Treasury or be exempt from prior approval as provided in Section 27 of
Act 94, and
WHEREAS, in order to be exempt from prior approval, the City must notify
the Department of Treasury of its intent to issue the obligation and must
agree to pay the filing fees required by Act 94, and
WHEREAS, the City intends at this time to state its intentions to be
reimbursed from proceeds of the bonds to be issued by the City for any
expenditures undertaken by the City for the Project prior to issuance of the
bonds
NOW, THEREFORE, BE IT RESOLVED THAT
1 The Mayor, City Clerk and Director of Finance are each authorized
to notify the Department of Treasury of the City's intent to issue the
bonds described in the preamble to this resolution, to paylhe
required filing fee and to request an order providing an exception
for the bonds from prior approval by the Department of Treasury, to
file any and all necessary applications with the Michigan
Department of Treasury, and related waivers, if any
2 The City Clerk is hereby authorized and directed to publish a Notice
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of Intent to Issue Bonds in the Livonia Observer, a newspaper of
general circulation in the City, as a display advertisement at least
one-quarter(1/4) page in size
3 The Notice of Intent so published shall be in substantially the
following form
NOTICE TO ELECTORS OF THE CITY OF LIVONIA
AND USERS OF THE CITY'S WATER SUPPLY AND
SEWAGE DISPOSAL SYSTEM OF INTENT TO ISSUE
REVENUE BONDS PAYABLE FROM THE REVENUES
OFSAID WATER SUPPLY AND SEWAGE DISPOSAL
SYSTEM AND OF RIGHT OF REFERENDUM
RELATING THERETO
PLEASE TAKE NOTICE that the City Council of the City of Livonia
intends to authorize the issuance and sale of Water Supply and
Sewage Disposal System Revenue Bonds pursuant to Act 94,
Public Acts of Michigan, 1933, as amended, in the principal amount
of not to exceed in total Five Million Dollars ($5,000,000 00), for the
purpose of paying all or part of the cost of acquiring and
constructing necessary additions, extensions and improvements to
the City's Water Supply and Sewage Disposal System together with
necessary appurtenances and attachments thereto
Said bonds will mature in annual installments not to exceed thirty
(30) in number, with interest rates to be determined at public sale
but in no event to exceed such rates as may be permitted by law on
the unpaid balance from time to time remaining outstanding on said
bonds
SOURCE OF PAYMENT OF BONDS
THE PRINCIPAL OF AND INTEREST ON SAID REVENUE
BONDS shall be payable solely and only from the net revenues
derived from the operation of the City's Water Supply and Sewage
Disposal System Said revenues consist of rates and charges for
services supplied by the said System which may from time to time
be increased in order to provide sufficient revenues to meet
expenses of operating and maintaining said System and paying
debt service on any revenue bonds payable from the revenues of
said System, including certain outstanding revenue bonds
Schedules of rates presently in effect for the System are on file in
the office of the City Clerk.
RIGHT OF REFERENDUM
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THE REVENUE BONDS WILL BE ISSUED WITHOUT VOTE OF
THE ELECTORS UNLESS A PETITION REQUESTING AN
ELECTION ON THE QUESTION OF ISSUING THE BONDS,
SIGNED BY NOT LESS THAN 10% OF THE REGISTERED
ELECTORS OF THE CITY, IS FILED WITH THE CITY CLERK
WITHIN FORTY-FIVE (45) DAYS AFTER PUBLICATION OF THIS
NOTICE If such a petition is filed, the bonds cannot be issued
unless approved by a majority vote of the electors of the City voting
on the question of their issuance
THIS NOTICE is given pursuant to the requirements of Section 33
of Act 94, Public Acts of Michigan, 1933, as amended
ADDITIONAL INFORMATION will be furnished at the offices of the
City Clerk.
Joan McCotter
City Clerk
4 The City Council does hereby determine that the foregoing form of
Notice of Intent to Issue Bonds and the manner of publication
directed is adequate notice to the electors of the City and users of
the City's Water Supply and Sewage Disposal System and is well
calculated to inform them of the intention of the City to issue the
bonds, the purpose of the bonds, the security for the bonds and the
rights of referendum of the electors with respect thereto, and that
the provision of forty-five (45) days within which to file a referendum
petition is adequate to insure that the City's electors may exercise
their legal rights of referendum
5 The City makes the following declarations for the purpose of
complying with the reimbursement rules of Treas Reg §1 150-2
pursuant to the Internal Revenue Code of 1986, as amended
(a) As of the date hereof, the City reasonably expects to reimburse
the City for the expenditures described in (b) below with
proceeds of debt to be incurred by the City
(b) The expenditures described in this paragraph (b) are for the
costs of acquiring and constructing the Project which were or
will be paid subsequent to sixty (60) days prior to the date
hereof
(c) The maximum principal amount of debt expected to be issued
for the Project, including issuance costs, is $5,000,000 00
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(d) A reimbursement allocation of the expenditures described in (b)
above with the proceeds of the borrowing described herein will
occur not later than 18 months after the later of (i) the date on
which the expenditure is paid, or (ii) the date the Project is
placed in service or abandoned, but in no event more than three
(3) years after the original expenditure is paid A
reimbursement allocation is an allocation in writing that
evidences the City's use of the proceeds of the debt to be
issued for the Project to reimburse the City for a capital
expenditure made pursuant to this resolution
(e) The expenditures described in (b) above are "capital
expenditures" as defined in Treas Reg §1 150-1(b), which are
any costs of a type which are properly chargeable to a capital
account (or would be so chargeable with a proper election or
with the application of the definition of placed in service under
Treas Reg §1 150-2(c)) under general Federal income tax
principles (as determined at the time the expenditure is paid)
(f) No proceeds of the borrowing paid to the City in reimbursement
pursuant to this resolution will be used in a manner described in
Treas Reg §1 150-2(h) with respect to abusive uses of such
proceeds, including, but not limited to, using funds
corresponding to the proceeds of the borrowing in a manner that
results in the creation of replacement proceeds (within Treas
Reg §1 148-1) within one year of the reimbursement allocation
described in (d) above
(g) Expenditures for the Project to be reimbursed for the proceeds
of the borrowing for purposes of this resolution do not include
costs for the issuance of the debt or an amount not in excess of
the lesser of $100,000 00 or five (5) percent of the proceeds of
the borrowing, or preliminary expenditure not exceeding twenty
(20) percent of the issue price of the borrowing, within the
meaning of Treas Reg §1150-2(f) (such preliminary
expenditures include architectural, engineering, surveying, soil
testing and similar costs incurred prior to construction of the
Project, which items can be reimbursed from bond proceeds
regardless of the adoption of this resolution, but do not include
land acquisition, site preparation, and similar costs incident to
commencement of construction, which must fall within the
parameters of this resolution to be reimbursed From bond
proceeds)
6 Miller, Canfield, Paddock and Stone, P L C is retained as bond
counsel to the City and Stauder, Barch & Associates, Inc. is
32406
retained as financial advisor to the City in connection with the
issuance of the bonds
7 All resolutions and parts of resolutions insofar as they conflict with
the provisions of this resolution be and the same hereby are
rescinded
CR 526-00 WHEREAS, there exists in and for the City an imperative
need to acquire, construct, furnish and equip a new Community
Recreation Center, together with additions and renovations to the Eddie
Edgar Ice Arena and additions and renovations to the existing Senior
Citizen Center, together with site and parking improvements and all
appurtenances and attachments therefore (the "Recreational Projects");
and
WHEREAS, this City Council has determined, and does hereby reaffirm,
that it is necessary for the public health, safety and welfare of the City to
acquire and construct the Recreational Projects for the use of the City;
and
WHEREAS, Act 31, Public Acts of Michigan, 1948 (First Extra Session),
as amended, provides through the procedures of building authority
financing a means for the acquisition, construction and financing of the
Recreational Projects, and
WHEREAS, the City, in accordance with the provisions of said Act 31, as
amended, has previously adopted Articles of Incorporation and has
established the Municipal Building Authority of Livonia (the "Authority")
with full powers to acquire and construct the Recreational Projects, and
WHEREAS, this City Council determines it to be in the best interest of the
City to acquire, construct and finance the Recreational Projects through
the Authority in accordance with the provisions of said Act 31, as
amended, and
WHEREAS, a Contract between the City and the Authority providing for
the acquisition, construction and financing of the Recreational Projects
and such matters as are deemed necessary thereto are in the process of
being prepared, with the bonds to be issued in one or more series as shall
be determined by the City Council, and
WHEREAS, this City Council is desirous of publishing a Notice of Intention
of Entering into Contract of Lease so as to begin the statutory referendum
period, and
32407
WHEREAS, the City intends at this time to state its intentions to be
reimbursed from proceeds of the bonds to be issued by the Authority for
any expenditures undertaken by the City for the Recreational Projects
prior to issuance of the bonds, and
WHEREAS, prior to issuance of the bonds by the Authority, the Authority
and the City must either receive prior approval of such obligation from the
Michigan Department of Treasury or receive an order of exception from
prior approval
NOW, THEREFORE, BE IT RESOLVED THAT
1 The City Council hereby determines it to be necessary for the
public health, safety and welfare of the City to acquire, construct,
rurnish and equip the Recreational Projects for the use of the City
2 This City Council deems it to be in the best interest of the City to
finance all or part of the cost of acquiring and constructing the
Recreational Projects through the Authority in accordance with the
provisions of the aforesaid Act 31, as amended, in the amount of
not to exceed Forty Million Dollars ($40,000,000 00) with the
remaining portion of the cost, if any, of the Recreational Projects
being defrayed from City funds on hand and legally available for
3 such use
The Notice of Intention of Entering into Contract of Lease as hereto
attached shall be published in the Livonia Observer, a newspaper
of general circulation in the City, promptly upon adoption of this
resolution, said Notice to appear as a display advertisement at least
one-quarter (1/4) page in size
4 The City Council does hereby determine that the designated
newspaper is the newspaper circulating in the City which reaches
the largest number of persons to whom the aforesaid Notice is
directed and that publication of the aforesaid Notice in the
designated newspaper represents the most practical and feasible
means of informing the taxpayers and electors of the City of the
Recreational Projects and the financing thereof A copy of the
Contract shall be placed on file in the office of the City Clerk and
shall be available for public examination no later than 30 days from
the date of publication of said Notice of Intent.
5 The City makes the following declarations for the purpose of
complying with the reimbursement rules of Treas Reg §1 150-2
pursuant to the Internal Revenue Code of 1986, as amended
32408
(a) As of the date hereof, the City reasonably expects to reimburse
the City for the expenditures described in (b) below with
proceeds of debt to be incurred by the Authority
(b) The expenditures described in this paragraph (b) are for the
costs of acquiring and constructing the Recreational Projects
which were or will be paid subsequent to sixty (60) days prior to
the date hereof
(c) The maximum principal amount of debt expected to be issued for
the Recreational Projects, including issuance costs, is
$40,000,000 00
(d) - A reimbursement allocation of the expenditures described in (b)
above with the proceeds of the borrowing described herein will
occur not later than 18 months after the later of (i) the date on
which the expenditure is paid, or (ii) the date the Recreational
Projects are placed in service or abandoned, but in no event
more than three (3) years after the original expenditure is paid
A reimbursement allocation is an allocation in writing that
evidences the City's use of the proceeds of the debt to be
issued for the Recreational Projects to reimburse the City for a
capital expenditure made pursuant to this resolution
(e) The expenditures described in (b) above are "capital
expenditures" as defined in Treas Reg §1 150-1(b), which are
any costs of a type which are properly chargeable to a capital
account (or would be so chargeable with a proper election or
with the application of the definition of placed in service under
Treas. Reg §1 150-2(c)) under general Federal income tax
principles (as determined at the time the expenditure is paid)
(f) No proceeds of the borrowing paid to the City in reimbursement
pursuant to this resolution will be used in a manner described in
Treas Reg §1 150-2(h) with respect to abusive uses of such
proceeds, including, but not limited to, using funds
corresponding to the proceeds of the borrowing in a manner that
results in the creation of replacement proceeds (within Treas
Reg §1 148-1) within one year of the reimbursement allocation
described in (d) above
(g) Expenditures for the Recreational Projects to be reimbursed for
the proceeds of the borrowing for purposes of this resolution do
not include costs for the issuance of the debt or an amount not
in excess of the lesser of $100,000 00 or five (5) percent of the
proceeds of the borrowing, or preliminary expenditure not
32409
exceeding twenty (20) percent of the issue price of the
borrowing, within the meaning of Treas Reg §1 150-2(f) (such
preliminary expenditures include architectural, engineering,
surveying, soil testing and similar costs incurred prior to
construction of the Recreational Projects, which items can be
reimbursed from bond proceeds regardless of the adoption of
this resolution, but do not include land acquisition, site
preparation, and similar costs incident to commencement of
construction, which must fall within the parameters of this
resolution to be reimbursed from bond proceeds)
6 The Mayor, City Clerk and Director of Finance are each authorized
to notify the Department of Treasury of the City's intent to pledge its
limited tax full faith and credit to the bonds described in the
preamble to this resolution, to pay the required filing fee and to
request an order providing an exception for the bonds from prior
approval by the Department of Treasury and to apply for any
related waivers, or to request prior approval of the bonds if the
exception from prior approval is not available
7 Miller, Canfield, Paddock and Stone, P L.0 is approved as bond
counsel to the Authority and Stauder, Barch & Associates, Inc. is
approved as financial advisor to the Authority in connection with the
issuance of the bonds
8 All resolutions and parts of resolutions insofar as the same conflict
with the provisions of this resolution be and the same hereby are
rescinded
NOTICE OF INTENTION OF ENTERING INTO LIMITED
TAX-SUPPORTED CONTRACT OF LEASE AND OF
RIGHT TO PETITION FOR REFERENDUM THEREON
TO THE TAXPAYERS AND ELECTORS
OF THE CITY OF LIVONIA, MICHIGAN
PLEASE TAKE NOTICE that the City of Livonia intends to
approve and execute a Contract of Lease with the Municipal Building
Authority of Livonia pursuant to Act No 31, Public Acts of Michigan,
1948 (First Extra Session), as amended Such Contract will provide,
among other things, that said Building Authority will acquire,
construct, furnish and equip a new Community Recreation Center,
together with additions and renovations to the Eddie Edgar Ice Arena
and an addition to and renovations to the existing Senior Citizens
Center, together with necessary site and parking improvements and
all appurtenances and attachments thereto (together the
"Recreational Projects"), and WILL ISSUE ITS BONDS TO FINANCE
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ALL OR PART OF THE ESTIMATED COST OF ACQUIRING AND
CONSTRUCTING THE SAME FOR SAID CITY IN THE PRINCIPAL
AMOUNT OF NOT TO EXCEED $40,000,000 00 Said bonds will
mature serially in not to exceed 30 annual installments, and will bear
interest not exceeding 7% per annum on the outstanding principal
balance or such higher rate as may be authorized by law The bonds
will be issued under such Contract in one or more series as shall be
determined by the City Council
The Contract will further provide that the City will lease said
Recreational Projects from said Building Authority and WILL PAY AS
RENTAL TO SAID BUILDING AUTHORITY ALL SUMS
NECESSARY TO RETIRE THE PRINCIPAL OF AND INTEREST ON
SAID BONDS, TOGETHER WITH ALL COSTS OF OPERATING
AND MAINTAINING SAID RECREATIONAL PROJECTS AND ALL
COSTS of said Building Authority in connection therewith, regardless
of whether the recreational Projects are tenantable The principal
amount to be borrowed by the Building Authority will be indebtedness
of the City for purposes of statutory, charter and constitutional debt
limitations, and said principal amount, together with the City's rental
obligation for payment thereof, may be increased to cover increased
costs of the Recreational Projects
CITY
CONTRACT OBLIGATION
BY VIRTUE OF SAID PROPOSED CONTRACT AND
ACT, THE CITY'S REQUIRED PAYMENTS UNDER THE
CONTRACT TO THE BUILDING AUTHORITY WILL BE LIMITED
TAX FULL FAITH AND CREDIT GENERAL OBLIGATIONS OF THE
CITY PAYABLE FROM ANY AVAILABLE FUNDS OF THE CITY,
AND THE CITY WILL BE REQUIRED TO LEVY AD VALOREM
TAXES ON ALL TAXABLE PROPERTY WITHIN ITS BOUNDARIES,
TO THE EXTENT NECESSARY TO MAKE THE PAYMENTS
REQUIRED TO RETIRE THE BONDS AND INTEREST THEREON,
IF OTHER FUNDS FOR THAT PURPOSE ARE NOT AVAILABLE,
AND AS LIMITED BY LAW THE OBLIGATION TO LEVY TAXES IS
LIMITED BY APPLICABLE CONSTITUTIONAL, CHARTER AND
STATUTORY TAX RATE LIMITATIONS
SAID PROPOSED CONTRACT SHALL BECOME
EFFECTIVE WITHOUT VOTE OF THE ELECTORS OF THE CITY,
AS PERMITTED BY LAW, UPON THE EXPIRATION OF 60 DAYS
FOLLOWING THE DATE OF PUBLICATION OF THIS NOTICE,
UNLESS A PETITION REQUESTING AN ELECTION ON THE
QUESTION OF WHETHER SUCH CONTRACT SHOULD BE
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EFFECTIVE, SIGNED BY NOT LESS THAN 10% OF THE
REGISTERED ELECTORS OF THE CITY, IS FILED WITH THE
CITY CLERK WITHIN 45 DAYS FROM THE DATE OF SUCH
PUBLICATION If such petition is so filed, the Contract shall not be
effective without an approving vote by a majority of electors of the
City voting on the question
This Notice is given pursuant to the requirements of Section
8(b) of the aforesaid Act 31, as amended Further information
concerning the details of said Contract, the Recreational Projects
being financed and the matters set out in this Notice may be
secured from the City Clerk's office A copy of the Contract will be
on file in the office of the City Clerk for public inspection within 30
days from the date hereof
Joan McCotter
City Clerk
A communication from the Inspection Department, dated June 21,
2000, re -Administrative Response —the request of Lou Santo, 37600 St. Martins, to
have the large hole in the berm at the end of St. Martins Street investigated, was
received and placed on file for the information of the Council (CR 461-00)
CR 527-00 RESOLVED, that having considered the report and
recommendation of the Housing Director and the Supervisor of the
Community Development Office-Housing Commission, dated June 20,
2000, approved for submission by the Mayor, and to which is attached a
Hold Harmless Contract between the City of Livonia and First Step for the
period August 1, 2000, through July 31, 2001, the Council does hereby
authorize the Mayor and City Clerk, for and on behalf of the City of
Livonia, to execute the proposed Hold Harmless Contract in the manner
and form herein submitted, as well as to do all other things necessary or
incidental to the full performance of this resolution
CR 528-00 RESOLVED, that having considered the report and
recommendation of the Housing Director and the Supervisor of the
Community Development Office-Housing Commission, dated June 20,
2000, approved for submission by the Mayor, and to which is attached
Hold Harmless Contracts between the City of Livonia and Counseling
Associates, Hegira Programs, Inc. (HPI), Family Services, Inc., Dr John
Farrar; Deborah F Bihun, Ph D P C , and Jacque Martin-Downs,
MA/MSW, for the 2000-2001 program year, the Council does hereby
authorize the Mayor and City Clerk, for and on behalf of the City of
Livonia, to execute the proposed Hold Harmless Contracts in the manner
32412
and form herein submitted, as well as to do all other things necessary or
incidental to the full performance of this resolution
CR 529-00 RESOLVED, that having considered the report and
recommendation of the Director of Public Works, dated June 26, 2000,
which bears the signature of the Director of Finance and is approved for
submission by the Mayor, and to which is attached the final estimate dated
June 26, 2000, the Council does hereby authorize final payment in the
amount of $3,500 00 to Owen Tree Service, Inc , 225 N Lake George
Road, Attica, Michigan 48412, which sum includes the full and complete
balance due in connection with the 2000 Tree and Stump Removal
Program, which contract was authorized in Council Resolution 10-00,
adopted on January 12, 2000, it appearing from the aforementioned report
that all work under the said contract has been completed in accordance
with city standards and specifications
CR 530-00 RESOLVED, that having considered the report and
recommendation of the Director of Public Works and the City Engineer,
dated June 21, 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 Hard Rock Concrete Co , Inc., 38146 Abruzzi
Drive, Westland, Michigan 48185, for completing all work required in
connection with the 2000 Concrete Pavement and Catch Basin Repair
Program (Contract 00-E), including repair of pavements damaged due to
water main breaks at various locations throughout the City, for the
estimated total cost of $931,935 00, based upon the Engineering
Division's estimate of units involved, and subject to a final payment based
upon the actual units completed in accordance with the unit prices
accepted herein, said estimated cost and unit prices having been in fact
the lowest bid received for this item, FURTHER, the Council does hereby
authorize expenditures in the amount of $11,935 00 from Account No
203-463-818-100 (Water Main Restoration), $320,000 00 from the
Michigan Transportation Fund (Major Road Account) and $450,000 00
from the Michigan Transportation Fund (Local Road Account) for this
purpose, FURTHER, the Council does hereby authorize an additional
appropriation in the amount of $150,000 00 from the Unexpended Fund
Balance of the Local Road Account 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 other things necessary or incidental
to the full performance of this resolution
CR 531-00 RESOLVED, that having considered the report and
recommendation of the Director of Public Works and the City Engineer,
dated June 28, 2000, which bears the signature of the Director of Finance,
32413
is approved by the Director of Community Resources and the Housing
Director, and is approved for submission by the Mayor, the Council does
hereby accept the unit price bid of G and B Electrical Company, 5393
Deerfield Village Drive, West Bloomfield, Michigan 48322, for completing
all work required in connection with the 2000 Civic Area Lighting Project
(Contract 00-N) for the estimated total cost of $92,092 82 based upon the
Engineering Division's estimate of units involved, and subject to a final
payment based upon the actual units completed in accordance with the
unit prices accepted herein, said estimated cost and unit prices having
been in fact the lowest bid received for this item, FURTHER, the Council
does hereby determine as follows
To authorize expenditures in the amount of $9,816 00 from CDBG
Rinds in Account No 234-800-818-644 and $21,126 40 from
CDBG funds in Account No 236-800-818-644 for the lighting at the
Senior Center Parking Lot and Shadyside Drive,
To authorize an expenditure in the amount of $7,650 16 from
Account No 401-000-974-050 (Capital Projects) for the lighting at
the Maintenance/Storage Building,
To authorize an expenditure in the amount of $24,498 78 from
Account No 261-000-818-000 (Public Safety Communications) for
installation of the 911 conduits, and
To authorize an expenditure in the amount of $29,001 48 from
Account No 724-000-690-010 (Arts Commission Trust Account) for
installation of the lighting in the art sculpture area,
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
CR 532-00 RESOLVED, that having considered a communication from
the City Planning Commission, dated June 14, 2000, which transmits its
resolution 6-121-2000, adopted on June 13, 2000, with regard to Petition
00-5-GB-1, submitted by Livonia Car Care, requesting approval to
substitute a greenbelt for the protective wall on property located at 36251
Five Mile Road in the Northeast 1/4 of Section 20, the Council does
hereby refer this matter to the Legislative Committee for its report and
recommendation
CR 533-00 RESOLVED, that having considered a communication from
the City Planning Commission, dated June 14, 2000, which transmits its
32414
resolution 6-122-2000, adopted on June 13, 2000, with regard to Petition
00-5-SN-6, submitted by Commercial Lawnmower, requesting approval for
signage for the building located at 32098 Plymouth Road in the Southeast
1/4 of Section 27, the Council does hereby concur in the recommendation
of the Planning Commission and Petition 00-5-SN-6 is hereby approved,
subject to the following conditions
1 That the Sign Package submitted by Phillips Sign & Design, as
received by the Planning Commission on May 11, 2000, is hereby
approved and shall be adhered to,
2 That the wall sign shall not be illuminated beyond 11'00 p m., and
3 That any additional signage shall come back before the Planning
Commission and City Council for their review and approval
CR 534-00 RESOLVED, that having considered a communication from
the City Planning Commission, dated June 14, 2000, which transmits its
resolution 6-116-2000, adopted on June 13, 2000, with regard to Petition
00-5-2-20, submitted by Jason Coffman, on behalf of Treats, requesting
waiver use approval to operate a carryout/sit-down restaurant within an
existing building located on the west side of Middlebelt Road between
Norfolk Avenue and Morlock Avenue in the Northeast 1/4 of Section 2,
which property is zoned C-1, the Council does hereby concur in the
recommendation made by the City Planning Commission and Petition 00-
5-2-20 is hereby approved and granted, subject to the following
conditions
1 That the number of customer seats shall be limited to no more than
12 seats,
2 That permanent window signage for this site shall not exceed the
maximum amount permitted per place of business of ten (10)
square feet in area, and the total of all window signage, permanent
and temporary, shall not cover more than twenty (20) percent of the
glass area, and
3 That handicapped parking signs in compliance with the current
Michigan Barrier Free requirements shall be installed for the
existing handicapped parking spaces
CR 535-00 RESOLVED, that in accordance with the provisions set forth
in Section 4 of Act 207 of the Public Acts of Michigan of 1921, as
amended, the City Zoning Act (MSA 5 2934, MCLA 125 584), as well as
Article XVIII of Ordinance 543, as amended, the Zoning Ordinance of the
City of Livonia, the Council does hereby determine that a Public Hearing
32415
will take place before the City Council of the City of Livonia on
Wednesday, September 20, 2000, at 7 00 p m at the City Hall, 33000
Civic Center Drive, Livonia, Michigan, with respect to the following item
Petition 00-3-6-1, submitted by the City Planning Commission,
pursuant to Council Resolution 177-00, to determine whether or not
to amend Section 18 45 of the Zoning Ordinance pertaining to
protective walls and greenbelts, the City Planning Commission in its
resolution 6-119-2000 having recommended to the City Council that
Petition 00-3-6-1 be approved,
FURTHER, the City Clerk is hereby requested to, no less than fifteen (15)
days prior to the aforesaid date of said public hearing, cause to have a
statemept indicating the (a) nature of the proposed amendment to the
Zoning Ordinance, and/or (b) location of the proposed change of zoning
as set forth above, first to be published in the official newspaper of the City
or a newspaper of general circulation in the City of Livonia as well as to,
not less than fifteen (15) days prior to said public hearing, cause to have
notice to be given by certified mail to each public utility company and to
each railroad company owning or operating any public utility or railroad
within the districts or zones affected, and further, the City Clerk is
requested to do all other things necessary or incidental to the full
performance of this resolution
A roll call vote was taken on the foregoing resolutions with the following result:
AYES Duggan, Laura, Engebretson, Vandersloot and Brosnan
NAYS None
On a motion by Duggan, seconded by Laura, and unanimously adopted, it
was
CR 536-00 RESOLVED, that having considered 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 refer this
matter to the Traffic Commission for its report and recommendation
On a motion by Laura, seconded by Vandersloot, and unanimously
adopted, it was
REVISED
32416
CR 537-00 RESOLVED, that having considered 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 refer this
matter to the Engineering Division for its report and recommendation
Councilmember Walsh arrived at the meeting at 8 14 p m
Councilmember Duggan left the podium at 8 15 p m due to a conflict of interest.
Councilmember Vandersloot gave first reading to the following Ordinance
AN ORDINANCE AMENDING SECTION 11 OF THE
ZONING MAP OF THE CITY OF LIVONIA AND AMENDING
ARTICLE III OF ORDINANCE NO S'+J, AS AMENDED,
KNOWN AND CITED AS "THE CITY OF LIVONIA ZONING
ORDINANCE" BY ADDING SECTION 3 THERETO
(PETITION 00-2-1-3)
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
Councilmember Walsh invoked the Emergency Clause and gave
second reading to the foregoing Ordinance and a roll call vote was taken thereon
with the following result:
AYES Laura, Engebretson, Vandersloot, Walsh and Brosnan
NAYS None
The President declared the resolution duly adopted, and would
become effective on publication
Councilmember Duggan returned to the podium at 8 16 p m
Councilmember Engebretson gave first reading to the following
Ordinance
AN ORDINANCE AMENDING SECTION 6 OF THE ZONING MAP OF THE CITY
OF LIVONIA AND AMENDING ARTICLE III OF ORDINANCE NO 543, AS
AMENDED, KNOWN AND CITED AS "THE CITY OF LIVONIA ZONING
32417
ORDINANCE" BY ADDING SECTION 3 THERETO
(PETITION 99-6-1-6)
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
On a motion by Engebretson, seconded by Laura, and unanimously
adopted, it was
CR 538-00 RESOLVED, that having considered the report and
recommendation of the Department of Law, dated July 14, 2000, approved
for submission by the Mayor, wherein it is requested that Council
Resolution 312-00 be amended to correct the description of property in
connection with Petition 99-6-1-6, the Council does hereby amend and
revise Council Resolution 312-00 (which amended and revised Council
Resolution 187-00), so as to have the same read as follows
RESOLVED, that in accordance with the provisions set forth in
Section 4 of Act 207 of the Public Acts of Michigan of 1921, as
amended, the City Zoning Act (MSA 5 2934, MCLA 125 584), as well
as Article XXIII of Ordinance 543, as amended, the Zoning Ordinance
of the City of Livonia, the Council does hereby determine that a
Public Hearing will take place before the City Council of the City of
Livonia on Wednesday, May 31, 2000, at 7 00 p m at the City Hall,
33000 Civic Center Drive, Livonia, Michigan, with respect to the
following item
Petition 99-6-1-6, as amended, submitted by Marvin Walkon,
for a change of zoning of property located on the west side
of Newburgh Road between Pembroke Avenue and St.
Martins Avenue in the Southeast 1/4 of Section 6 from
RUFC to R-C, the City Planning Commission in its resolution
2-34-2000 having recommended to the City Council that
Petition 99-6-1-6 be approved,
FURTHER, the City Clerk is hereby requested to, no less than fifteen
(15) days prior to the aforesaid date of said Public Hearing, cause to
have a statement indicating the (a) nature of the proposed amendment
to the Zoning Ordinance, and/or (b) location of the proposed change of
zoning as set forth above, first to be published in the official newspaper
of the City or a newspaper of general circulation in the City of Livonia as
well as to, not less than fifteen (15) days prior to said public hearing,
cause to have notice to be given by certified mail to each public utility
company and to each railroad company owning or operating any public
32418
utility or railroad within the districts or zones affected, and further, the
City Clerk is requested to do all other things necessary or incidental to
the full performance of this resolution
On a motion by Engebretson, seconded by Laura, and unanimously
adopted, it was
CR 539-00 RESOLVED, that having considered the report and
recommendation of the Department of Law, dated July 14, 2000, approved
for submission by the Mayor, wherein it is requested that Council
Resolution 459-00 be amended to correct the description of the property in
connection with Petition 99-6-1-6, the Council does hereby amend and
revise Council Resolution 459-00 so as to have the same read as follows.
RESOLVED, that having considered a communication from the City
Planning Commission, dated March 1, 2000, which sets forth its
resolution 2-34-2000 adopted on February 29, 2000, with regard to
Petition 99-6-1-6, submitted by Marvin Walkon for a change of zoning
of property located on the west side of Newburgh Road between
Pembroke Avenue and St. Martins Avenue, in the Southeast 1/4 of
Section 6, from RUFC to RC, and the Council having conducted a
public hearing with regard to this matter on May 31, 2000, pursuant to
Council Resolution 312-00, as amended and revised by Council
Resolution 538-00, the Council does hereby approve Petition 99-6-1-6
for preparation of the ordinance for submission to Council, and the City
Planner is hereby instructed to cause the necessary map for
publication to be prepared indicating the zoning change herein
approved and to furnish the same to the Department of Law and, upon
receipt of such map, the Department of Law is requested to prepare an
ordinance amending Ordinance 543, as amended, in accordance with
this resolution
Councilmember Engebretson invoked the Emergency Clause and gave
second reading to the foregoing Ordinance and a roll call vote was taken thereon
with the following result:
AYES Duggan, Laura, Engebretson, Vandersloot, Walsh and Brosnan
NAYS None
The President declared the foregoing Ordinance duly adopted, and would become
effective on publication
32419
A communication from Mr and Mrs Charles Crespi, 35561 Wood,
Livonia, dated May 26, 2000 re their support for a change of zoning of property
(RUFC to R-C) for a condominium development by Marvin Walkon, was received and
placed on file for the consideration of the Council (Petition 99-6-1-6)
Mr Charles Crespi spoke to the Council regarding the condominium
development planned by Marvin Walkon (Petition 99-6-1-6)
Councilmember Duggan took from the table, for second reading
and adoption, the folgwing Ordinance
AN ORDINANCE VACATING PORTIONS OF
STREET, ALLEY AND PUBLIC GROUND
(PETITION 99-9-3-2)
A roll call vote was taken on the foregoing Ordinance with the following result:
AYES Duggan, Laura, Engebretson, Vandersloot, Walsh and
Brosnan
NAYS None
The President declared the foregoing Ordinance duly adopted, and would
become effective on publication
Councilmember Walsh took from the table, for second reading
and adoption, the following Ordinance
AN ORDINANCE VACATING PORTIONS OF
STREET, ALLEY AND PUBLIC GROUND
(PETITION 00-2-3-1)
A roll call vote was taken on the foregoing Ordinance with the following result:
AYES Duggan, Laura, Engebretson, Vandersloot, Walsh and
Brosnan
NAYS None
The President declared the foregoing Ordinance duly adopted, and would
32420
become effective on publication
Councilmember Engebretson took from the table, for second
reading and adoption, the following Ordinance
AN ORDINANCE AMENDING SECTION 070 OF
TITLE 5, CHAPTER 06 (ALARM SYSTEMS AND
DEVICES) OF THE LIVONIA CODE OF ORDINANCES,
AS AMENDED
A roll call vote was taken on the foregoing Ordinance with the following result:
AYES Duggan, Laura, Engebretson, Vandersloot, Walsh and
-Brosnan
NAYS None
The President declared the foregoing Ordinance duly adopted, and would
become effective on publication
Councilmember Duggan offered a denying resolution regarding a
proposed lot split requested by Mr Sam Baki of Baki Unique Home Builders for Tax
Item No 46-015-99-0014-001, located north of Seven Mile and west of Gill Roads,
19645 Gill Road, but there was no support for this motion
On a motion by Vandersloot, seconded by Engebretson, it was
CR 540-00 RESOLVED, that having considered a communication from
the City Assessor, dated June 12, 2000, approved for submission by the
Mayor, with regard to a request from Sam Baki, Baki Unique Home
Builders, 21820 Wyoming Place, Oak Park, Michigan 48237, to divide Tax
Item No 46-015-99-0014-001 into three (3) parcels, the Council does
hereby refer this matter to the Streets, Roads and Plats Committee for its
report and recommendation
A roll call vote was taken on the foregoing resolution with the following result:
AYES Duggan, Engebretson, Vandersloot and Brosnan
NAYS Laura and Walsh
The President declared the resolution duly adopted
Sam Baki spoke to the Council and indicated that maintenance of the
subject property is under the control of the present owner
32421
Building elevation plans, dated July 19, 2000, re the proposed lot split
north of Seven Mile Road and west of Gill Road at 19645 Gill Road, submitted by Baki
Unique Home Builders, on behalf of Bruno Matecki, was received and placed on file for
the information of the Council
A communication from the St. Martins Street Homeowners Association,
dated June 26, 2000, re the request of Ivanhoe Companies for waiver use approval for
a Planned Residential Development and the agreement reached between homeowners
and the developer, was received and placed on file for the information of the Council
(Petition 00-5-2-21)
A communication from the Ivanhoe Companies, dated July 13, 2000, re
revised Site Plan to include 64 units and landscaping for the Planned Residential
Development of the Newburgh Park Condominiums to be located at the corner of
Newburgh Road and Pembroke Street. (Petition 00-5-2-21)
On a motion by Duggan, seconded by Laura, and unanimously
adopted, it was,
CR 541-00 RESOLVED, that having considered a communication from
the City Planning Commission, dated June 14, 2000, which transmits its
resolution 6-117-2000, adopted on June 13, 2000, with regard to Petition
00-5-2-21, submitted by Ivanhoe Companies requesting waiver use
approval to construct a Planned Residential Development on property
located on the west side of Newburgh Road between Pembroke Avenue
and St. Martins Avenue in the Southeast 1/4 of Section 6, which property
is zoned RUFC (proposed to be rezoned to R-C), the Council does hereby
concur in the recommendation made by the City Planning Commission
and Petition 00-5-2-21 is hereby approved and granted, subject to the
following conditions
1 That the site plan showing a total of 64 dwelling units, marked File
No LV-4227-36-1 through LV-4227-36-5, inclusive, proposed by
Atwell-Hicks, Inc , with a revised date of July 12, 2000, is hereby
approved and shall be adhered to,
32422
2 That the landscape plan shall come back for review and approval
by the Planning Commission and City Council,
3 That the two (2) building elevation sheets, marked File No 00192,
prepared by Dominick Tringali Associates, dated May 30, 2000, are
hereby approved and shall be adhered to,
4 That the first story of each condominium unit shall be brick, on all
four sides, and the amount of brick on the first story shall not be
less than 80% and the combined amount of brick on the first,
second and third stories shall not be less than 65%,
5 That all brick used in the construction of the buildings shall be full-
face four (4") inch brick, no exceptions,
6 That a plan for identification signage shall be submitted to the
Planning Commission and City Council for their review and
approval,
7 That all electrical/gas meters shall be installed on the side or rear of
the buildings and shall be shielded with the landscaping,
8 That the plans referenced in this approving resolution shall be
submitted to the Inspection Department at the time the building
permits are applied for
Mr Ron Olszewski, 37161 St. Martins, Mr Ambroziak, 37502 St.
Martins, Michael Swansinger, 19545 Newburgh and Mr Lou Santo, 37600 St.
Martins, were present at the meeting and spoke to the Council regarding their desire
to have a fence along the length of property where the proposed Newbrugh Park
Condominiums are to be built on the corner of Pembroke and Newburgh Roads
(Petition 00-5-2-21).
Mr Kevin Christiansen, representative of Ivanhoe Companies, was
present at the meeting to answer questions of the Council
On a motion by Duggan, seconded by Walsh, and unanimously
adopted, it was
CR 542-00 RESOLVED, that having considered a communication from
the City Planning Commission, dated June 14, 2000, which transmits its
resolution 6-124-2000 adopted on June 13, 2000, with regard to Petition
00-4-8-5 submitted by William Christo, on behalf of All City Refrigeration,
32423
requesting site plan approval in connection with a proposal to construct an
addition to the existing industrial building and to expand the parking lot on
property located at 32425 Eight Mile Road in the Northwest 1/4 of Section
3, 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 00-4-8-5 is hereby approved and
granted, subject to the following conditions
1 That the Site and Landscape Plan titled "Alteration Site Plan,"
marked Sheet C-2C, dated June 6, 2000, as revised, prepared by
William Christo Architect, P C , is hereby approved and shall be
adhered to,
2 That all disturbed lawn areas shall be sodded in lieu of
hydroseeding,
3 That underground sprinklers are to provided for all new
landscaped and sodded areas, and all planted materials shall be
installed to the satisfaction of the Inspection Department and
thereafter permanently maintained in a healthy condition,
4 That the Exterior Building Elevation Plan marked Sheet sk-3,
dated April 27, 2000, as revised, prepared by William Christo
Architect, P C , is hereby approved and shall be adhered to,
5 That the three walls of the trash dumpster areas shall be
constructed out of the same building materials used in the
construction of the building, and the enclosure gates shall be
maintained and, and when not in use, closed at all times,
6 That all light standards shall be shielded form the adjacent
property and shall not exceed 20 feet in height;
7 That the petitioner shall correct to the Inspection Department's
satisfaction the following site deficiencies as outlined in the
correspondence dated May 12, 2000
That all handicap spaces shall be identified and comply with
the Michigan Barrier Free code,
That the entire parking lot shall be double striped,
8 That the petitioner shall correct to the Fire Department's
satisfaction the following site deficiencies as outlined in the
correspondence dated May 3, 2000
-
32424
That if the building is to be provided with automatic sprinkler
systems, a hydrant shall be located between 50 feet and
100 feet from the Fire Department connection,
That access around the building shall be provided for
emergency vehicles with a turning radius up to 45 ft. wall-
to-wall and a minimum vertical clearance of 13-1/2 ft;
9 That no signs, either freestanding or wall mounted, are approved
with this petition,
10 That the landscape greenbelt along the southerly 25 ft. of the
property, as shown on the approved Site and Landscape Plan,
stall be substituted for the protective wall required by Section
18 45 of the Zoning Ordinance, and
11 That the plans referenced in this approving resolution shall be
submitted to the Inspection Department at the time the building
permits are applied for
Councilmember Duggan left the podium at 9 01 p m due to a conflict of interest.
On a motion by Engebretson, seconded by Laura, and unanimously
adopted, it was
CR 543-00 RESOLVED, that having considered a communication
from the City Planning Commission, dated June 14, 2000, which
transmits its resolution 6-120-2000, adopted on June 13, 2000, with
regard to Petition 00-5-8-7 submitted by Lakeside Estates Site
Condominiums, requesting Master Deed, bylaws and site plan approval
in connection with a proposal to construct site condominiums on
property located at 34200 Ann Arbor Trail in the Southeast 1/4 of
Section 33, pursuant to the provisions set forth in Section 18 62 of
Ordinance No 543, as amended, the Council does hereby concur in the
recommendation of the Planning Commission and Petition 00-5-8-7 is
hereby approved and granted, subject to the following conditions
1 That the Master Deed complies with the requirements of the
Subdivision Control Ordinance, Title 16, Chapter 16 04-16 40 of
the Livonia Code of Ordinances, and Article XX, Section 20 01-
20 06 of Zoning Ordinance #543, except for the fact the following
shall be incorporated
•, .
32425
That the first floor of each condominium unit shall be brick
or stone, on all four sides, and the total amount of brick or
stone on each two-story unit shall not be less than 65% and
not less than 80% on one-story dwellings, and
That the minimum floor area for each one-story dwelling
shall not be less than 1,500 sq ft. and not less than 1,800
sq ft. for each two-story dwelling,
2 That the brick used in the construction of each condominium unit
shall be full face four (4") inch brick, no exceptions,
3 That the Site Plan marked Sheet 1, dated April 24, 2000, prepared
by Arpee/Donnan, Inc., is hereby approved and shall be adhered
to,
4 That a fully detailed Landscape Plan for the detention area and the
30 ft. wide easement along Ann Arbor Trail shall be submitted to
the Planning Commission and City Council for their review and
approval,
5 That an Entrance Marker Application shall be submitted the
Planning 'Commission and City Council for their review and
approval, and
6 That the Site Plan referenced in this approving resolution shall be
submitted to the Inspection Department at the time the building
permits are applied for
Dennis DeLuca, builder of the Lakeside Estates Site Condominiums, thanked the
Council members for their support of this project.
Councilmember Duggan returned to the podium at 9 02 p m
A communication from Hoffert & Associates, P C , on behalf of J C
Gibbons Manufacturing, Inc. and Gibbons Realty, L L C , dated June 23, 2000, re
withdrawal of request for the establishment of an Industrial Development District, was
received and placed on file for the information of the Council (CR 371-00)
On a motion by Duggan, seconded by Engebretson, and unanimously
adopted, it was
32426
CR 544-00 RESOLVED, that having considered a request from David B
Marmon, Hoffert & Associates, P C , on behalf of J C Gibbons
Manufacturing, Inc and Gibbons Realty, L L C , dated April 24, 2000,
proposing the establishment of an Industrial Development District on
certain property located in Section 28, being approximately 1 36 acres in
size, in the City of Livonia, Michigan, and the Council having conducted a
public hearing with regard to this matter on Monday, June 26, 2000, in
accordance with the provisions set forth in 1974 PA 198, as amended, and
having further considered a communication from Hoffert & Associates,
P C , on behalf of J C Gibbons Manufacturing, Inc and Gibbons Realty,
L.L.0 , dated June 23, 2000, the Council does hereby determine to take
no further action based upon the fact that the request has been withdrawn
by the petitioner
On a motion by Engebretson, seconded by Duggan, it was
CR 545-00 WHEREAS, pursuant to due and proper notice published
and mailed to all property owners in Special Assessment District No 402
for the proposed road improvement consisting of 22 foot wide asphalt
pavement (approximately 4" thick with a gravel base) with ditches and
without curbs for Norfolk Avenue from 150 feet west of Melvin Avenue to
Oporto Avenue, and Oporto Avenue from Norfolk Avenue to Morlock
Avenue (630 feet), as modified to include a through street, in the
Northeast 1/4 of Section 2, in the City of Livonia, Wayne County,
Michigan, as required by the provisions of the City Charter and Title 3,
Chapter 8 of the Livonia Code of Ordinances, as amended, a public
hearing thereafter having been held thereon on Wednesday, June 28,
2000, at 7 00 p m at the City Hall, 33000 Civic Center Drive, Livonia,
Michigan, and the City Council having duly met and reviewed the special
assessments levied on the special assessment roll as prepared by the
City Assessor to cover the district portion of the cost of street
improvements to be constructed in Special Assessment District No 402,
and
WHEREAS, the City Council has heard and carefully considered all
objections made to said assessments,
NOW, THEREFORE, BE IT RESOLVED, THAT
(1) The City Council does hereby determine that the assessments set
forth in said Special Assessment Roll dated June 28, 2000, which
excludes the Flinchum and Robertson properties, in the amount of
$256,812 34 are fair and equitable and based upon benefits to be
derived by construction of improvements proposed in said district in
32427
accordance with the plans of the City Engineer and resolutions of
the City Council,
(2) Said Special Assessment Roll No 402 is hereby approved and
confirmed in all respects,
(3) The amount of said roll shall be divided into ten (10) equal annual
installments with interest at the rate of six (6%) percent per annum
on the unpaid balance of the assessment from December 1, 2000
Said interest shall be payable on each installment due date,
provided, however, that after the issuance of bonds in anticipation
of the collection of the unpaid assessments on the said special
assessment roll, said rate of interest shall be not more than 1%
above the average rate of interest borne by said bonds In such
cases where the installments will be less than Ten Dollars ($10 00),
the number of installments shall be reduced so that each
installment shall be above and as near Ten Dollars ($10 00) as
possible The first installment shall be due and payable December
1, 2001, and subsequent installments on December 1st of
succeeding years,
(4) Pursuant to the provisions of Section 3 08 130 of the Livonia Code
of Ordinances, as amended, the City Clerk shall endorse the date
of confirmation on the assessment roll, and the said assessment
roll shall then be immediately transmitted to the City Treasurer who
shall then publish notice as is required by Section 3 08 190 of the
Livonia Code of Ordinances, as amended, and mail assessment
statements to the respective property owners assessed in the
manner and substance as provided by said Section 3 08 190 Any
property owner assessed may pay the whole or any part of the
assessment without interest or penalty up to December 1, 2000;
(5) The first installment shall be spread upon the 2001 City tax roll in
the manner required by Section 3 08 210 of the Livonia Code of
Ordinances, as amended, together with interest upon all unpaid
installments from December 1, 2000 and thereafter one (1)
installment shall be spread upon each annual tax roll together with
one (1) year's interest upon all unpaid installments, provided,
however, that when any annual installment shall have been prepaid
in the manner provided in Title 3, Chapter 8 of the Livonia Code of
Ordinances, as amended, either within the sixty (60) day period as
provided by Section 3 08 200, or after the expiration of the sixty
(60) day period as provided by Section 3 08 220 then there shall be
spread upon the tax roll for such year only the interest for all unpaid
installments, and
32428
(6) The City Council having determined to pay no portion of the cost of
said improvement within the said district, the City's share of the
cost of said improvement shall be in the sum of zero dollars
($00 00)
A roll call vote was taken on the foregoing resolution with the following result:
AYES Duggan, Engebretson, Vandersloot, Walsh and Brosnan
NAYS Laura
The President declared the resolution duly adopted
On a motion by Duggan, seconded by Walsh, and unanimously adopted, it
was
CR 546-00 RESOLVED, that having considered the report and
recommendation of the Director of Public Works and the City Engineer,
dated May 15, 2000, which bears the signature of the Director of Finance,
is approved by the Chairman of the Water and Sewer Board and is
approved for submission by the Mayor, the Council does hereby accept
the unit price bid of Sole Construction, Inc , 5940 Commerce Drive,
Westland, Michigan 48185, for completing all work required in connection
with the Oporto Paving and Utility Extension Project (Contract 00-J) in the
total amount of$258,314 00, based on the Engineering Division's estimate
of units involved, and subject to a final payment based upon the actual
units completed in accordance with the unit prices accepted herein, said
estimated cost and unit prices having been in fact the lowest bid received
for this item, FURTHER, this action is contingent upon approval of the
revised special assessment roll for the Oporto Avenue Special
Assessment District; FURTHER, the Council does hereby authorize an
advance and expenditure in the amount of $187,064 00 for the Oporto
Paving from the Unexpended Fund Balance of the Michigan
Transportation Fund (Local Road Account) with the provision that the
Fund be reimbursed at such time as funds are available from the next
Special Assessment Bond Issue, FURTHER, the Council does hereby
authorize an advance and expenditure in the amount of$71,250 00 for the
Oporto Paving from the Unexpended Fund Balance of the Water and
Sewer Fund with the provision that the Fund be reimbursed at such time
as funds are available from the next Special Assessment Bond Issue, 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 for and on behalf of the City of Livonia to
execute a contract with the aforesaid bidder after the approval of the
revised special assessment roll in connection with this project and to do all
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On a motion by Engenbretson, seconded by Duggan, and unanimously
adopted, it was
CR 547-00 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 Vandersloot, seconded by Duggan, and unanimously
adopted, it was
CR 548-00 RESOLVED, that having considered a communication from
the Director of Public Works and the City Engineer, dated July 12, 2000,
dpprvved for subriiission by the Mayor, with regard to a
Telecommunications Permit Application submitted by U S Xchange of
Michigan, L.L.0 , requesting approval for access to and ongoing use of the
public right-of-ways within the City for a proposed telecommunications
system utilizing approximately 6 miles of public right-of-way, as more
particularly described in the attachment to the permit application, the
Council does hereby designate Wednesday, September 6, 2000, at 7 00
p m as the date and time for conducting a Public Hearing with regard to
whether or not to approve such permit application, 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 Section 12 06 050G of the
Livonia Code of Ordinances, as amended
On a motion by Engebretson, seconded by Duggan, it was
CR 549-00 RESOLVED, that the Council does hereby revise and
amend Council Resolution 24-00, which was recorded at the Wayne
County Register of Deeds on February 22, 2000, at Liber 31173,
pages 633-635, to have the same read as follows
RESOLVED, that having considered a communication from the City
Assessor, dated November 30, 1999, approved for submission by
the Mayor, with regard to a request from Rosemarie Trouteaud, 435
Second Street, South Lyon, Michigan 48178, 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
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hereby approve of the proposed division of Tax Item No 46 001 04
0320 000 into two (2) parcels, the legal descriptions of which shall
read as follows.
PARCEL A:
Lot #320, "The Argonne Subdivision" of part of the N E 1/4 of
Section 1, T 1 S , R. 9 E , LivoniaTownship, Wayne County,
Michigan as recorded L 40, P 5 Plats, W C R.
PARCEL B:
Lot #321, "The Argonne Subdivision" of part of the N E 1/4 of
Section 1, T 1 S , R. 9 E , Livonia Township, Wayne County,
Michigan as recorded L. 40, P 5 Plats, W C R.
as shown on the map attached to the aforesaid communication which is
made a part hereof by reference, and the City Clerk is hereby requested to
cause a certified copy of this resolution to be recorded in the Office of the
Wayne County Register of Deeds, provided, however, that until a variance
is granted by the Zoning Board of Appeals as to every nonconforming lot
resulting from such split, none of said lots may be sold, leased or
transferred
A roll call vote was taken on the foregoing resolution with the following result:
AYES Duggan, Engebretson, Vandersloot, Walsh and Brosnan
NAYS Laura
The President declared the resolution duly adopted
During the audience communication portion of the meeting, City Clerk
Joan McCotter advised those residents voting absentee ballots in the August 8, 2000
primary that there can be no splitting of votes in the partisan section of the ballot.
On a motion by Duggan, seconded by Engebretson, and unanimously
adopted, this 1421st Regular Meeting of the Council of the City of Livonia was adjourned
at 9 15 p m , July 19, 2000
CritiAt
Joan McCotter, City Clerk