HomeMy WebLinkAboutCOUNCIL MINUTES 2000-02-23 32104
MINUTES OF THE ONE THOUSAND FOUR HUNDRED ELEVENTH
REGULAR MEETING OF FEBRUARY 23, 2000
On February 23, 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 Laura delivered the invocation
Roll was called with the following result: Joe Laura, Jack Engebretson,
Val I Vandersloot, John J Walsh, John R. Pastor, Brian Duggan and Maureen Miller
Brosnan
Absent: None
Elected and appointed officials present: Jack E Kirksey, Mayor; Robert
Schron, City Engineer; Mark Taormina, City Planner; Sean Kavanagh, City Attorney;
Mary Rutan, Personnel Director; Jim Inglis, Director of Housing, Ron Reinke,
Superintendent of Parks & Recreation, Joan McCotter, City Clerk; and Ian Wilshaw,
Traffic Commission
On a motion by Duggan, seconded by Vandersloot, and unanimously
adopted, with Pastor voting present, it was
#114-00 RESOLVED, that the minutes of the 1,410th Regular Meeting
of the Council held February 9, 2000 are hereby approved as submitted
On a motion by Duggan, seconded by Laura, and unanimously adopted, it
was
#115-00 RESOLVED, that the subject matter of the allocation of
funds from Livonia Spree to charitable organizations is referred to the
Committee of the Whole for its report and recommendation
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Councilmember Engebretson informed the residents of Livonia that the
trash pick up schedule published in the Livonia Observer was incorrect and that the
trash would be picked up on their regularly scheduled day
City Clerk McCotter spoke regarding the Republican primary election held
on Tuesday, February 22, 2000 She thanked the residents for the large voter turn out
and apologized for the shortage of supplies and delay experienced at some of the
precincts because of this heavier participation It had been anticipated that there would
be 10% voter participation, and the actual percentage was 26% voter participation
A communication from the Department of Public Works, Engineering
Division, dated February 22, 2000, re a map denoting target areas of repair from
previous sidewalk repair programs, was received and placed on file for the information
of the Council
A communication from the Department of Law, dated February 18, 2000,
re the necessity of a Council Public Hearing not being required when a Planned
Residential Development has gone through the Planning Commission Public Hearing
process, was received and placed on file for the information of the Council
A communication from the Department of Law, dated February 18, 2000,
re the control over the selection of asphalt paving subcontractors in relation to the
Lamont Street/Stonehouse Avenue Special Assessment Street Improvement Project,
was received and placed on file for the information of the Council (CR #150-99)
On a motion by Duggan, seconded by Pastor, and unanimously adopted,
it was
#116-00 RESOLVED, that having considered a letter from Janet F
Underhill, dated February 4, 2000, in behalf of the United Methodist
Women of Clarenceville United Methodist Church, requesting permission
to display 22" x 28" signs announcing a rummage sale to be held on
Thursday and Friday, April 27 and April 28, 2000, which signs shall be
installed on Monday, April 24, 2000, at the following locations
Eight Mile and Middlebelt (southeast and southwest corners)
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Seven Mile and Middlebelt (northeast and southeast corners)
and all signs to be removed by Saturday, April 29, 2000, the Council does
hereby grant and approve this request in the manner and form herein
submitted
#117-00 RESOLVED, that having considered a communication from
the Mayor, dated January 21, 2000, concerning the reappointment of
Audrey Greenleaf to the Board of Ethics, and pursuant to Section
2.200 070 of the Livonia Code of Ordinances, as amended, the Council
does hereby consent to and confirm the reappointment of Audrey
Greenleaf, 37721 Bristol, Livonia, Michigan 48154, to the Board of Ethics
for a three year term commencing March 1, 2000 and expiring March 1,
2003
#118-00 RESOLVED, that having considered a communication from
the Mayor, dated January 21, 2000, concerning the reappointment of
Jacob Ghannam to the Board of Ethics, and pursuant to Section
2 200 070 of the Livonia Code of Ordinances, as amended, the Council
does hereby consent to and confirm the reappointment of Jacob
Ghannam, 35202 Curtis, Livonia, Michigan 48152, to the Board of Ethics
for a three year term commencing March 1, 2000 and expiring March 1,
2003
A communication from the Department of Parks and Recreation, dated
January 25, 2000, re subject of City policy on whether groups or individuals renting
City facilities should be allowed to sell their merchandise without City Council approval,
was received and placed on file for the information of the Council (CR 365-99)
#119-00 RESOLVED, that having considered the report and
recommendation of the Superintendent of Parks and Recreation, dated
January 25, 2000, which bears the signature of the Director of Finance
and is approved for submission by the Mayor, submitted pursuant to
Council Resolution 365-99, regarding the establishment of a City policy on
whether groups or individuals renting City facilities should be allowed to
sell their merchandise without City Council approval, the Council does
hereby concur in the recommendation made by the Parks and Recreation
Commission in its Resolution 2501-99, adopted on December 6, 1999,
and the following criteria shall be met by groups or organizations
requesting to sell merchandise at city facilities
1 A group or organization shall have a permit to use the fa3c2ilit1y0,7i e ,
athletic field or picnic permit.
tir 2 Selling of merchandise shall be to a limited audience, ie , soccer
camp residents, tournament participants, and attendees at functions
permitted in the park such as corporate picnics, church picnics, civic
association picnics, etc
3 A group or organization must send a letter to the Parks and
Recreation Commission requesting approval to sell merchandise,
which request shall be reviewed by the Department of Parks and
Recreation
4 A group or organization must obtain a vendor license from the City
Clerk. If food is to be sold, a permit from the Wayne County Health
Department must be obtained A copy of the vendor license and/or
food permit must be provided to the Department of Parks and
Recreation
5 The selling of alcohol is prohibited without the consent of City
Council
6 A group or organization must provide the City with a Certificate of
Insurance in the amount set forth in the City's standard policies
naming the City of Livonia as additional insured
7 A group or organization must provide a list of merchandise or items
that will be sold at their event to the Department of Parks and
Recreation
#120-00 RESOLVED, that having considered the report and
recommendation of the Superintendent of Parks and Recreation, dated
January 25, 2000, which bears the signature of the Director of Finance
and is approved for submission by the Mayor, submitted pursuant to
Council Resolution 365-99, regarding the establishment of a City policy on
whether groups or individuals renting City facilities should be allowed to
sell their merchandise without City Council approval, the Council does
hereby refer the subject of whether the Parks and Recreation Commission
has the authority to approve requests from groups or individuals renting
City facilities to sell merchandise or whether such requests require City
Council approval to the Department of Law for its report and
recommendation
A communication from the Inspection Department, dated January 31,
2000, re the matter of trash and parking lot lights at the Kroger Store located adjacent
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to the residential properties on Hillcrest Court, was received and placed on file for the
information of the Council (CR 15-00)
#121-00 RESOLVED, that having considered a communication from
the Director of Finance, dated January 31, 2000, approved for submission
by the Mayor, to which is attached a proposed agreement between the
City of Livonia and Karoub Associates, 200 North Capitol Avenue, Suite
500, Lansing, Michigan 48933, to act as the City's legislative consultant
for the period January 1, 2000, through December 31, 2000, for an annual
fee of $24,000 00, including all expenses, the Council does hereby
approve the Agreement in the manner and form herein submitted, and the
Mayor and City Clerk are hereby authorized, for and on behalf of the City
of Livonia, to affix their signatures to the said Agreement, subject to
approval as to form by the Department of Law
#122-00 RESOLVED, that having considered the report and
recommendation of the Director of Finance, dated February 4, 2000,
approved for submission by the Mayor, to which is attached recommended
final budget adjustments for Fiscal Year 1999, the Council does hereby
authorize the said budget adjustments and transfers in the manner and
form herein submitted
#123-00 RESOLVED, that having considered the report and
recommendation of the Director of the Housing Commission, dated
February 1, 2000, which bears the signature of the Director of Finance
and is approved for submission by the Mayor, and which indicates that the
Housing Commission has recommended the following rental adjustments
with respect to Newburgh Village
Adjusted Rent
Bedroom Size Current Rent Effective 6-1-00
One Bedroom $440 $445
Two Bedroom 510 515
The above rents exclude gas and electric
The Council does hereby concur in and approve of the recommended
action
#124-00 RESOLVED, that having considered the report and
recommendation of the Assistant Superintendent of Public Service and the
Director of Public Works, dated January 31, 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 Great Lakes Sanitation,
P0 Box 46141, Mt. Clemens, Michigan 48046, to provide portable toilet
service for the seasonal use placements and the special events for 2000,
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for the total cost of $30,990 00, the same having been in fact the lowest
bid received and meets all specifications, FURTHER, in the event the
aforesaid low bidder is unable to furnish the services or services are
unacceptable, the Council does hereby accept the second lowest bid of
Handy Can Services, P 0 Box 32, Carleton, Michigan 48117, for the total
cost of$37,070 00
#125-00 RESOLVED, that having considered the report and
recommendation of the Director of Public Works, dated February 4, 2000,
which bears the signature of the Director of Finance, is approved as to
form by the City Attorney and is approved for submission by the Mayor,
requesting approval of a Rouge River National Wet Weather
Demonstration Project Interagency Agreement between the City and
Wayne County, the Council does hereby authorize the Mayor and City
Clerk, for and on behalf of the City of Livonia, to execute the attached
Agreement between the City of Livonia and Wayne County for grant
funding to support Storm Water General Permit activities
A communication from the Planning Commission, dated October 18, 1999,
re their findings related to recent tree clearing activities at Steak 'N Shake Restaurant,
located on the east side of Middlebelt Road north of Six Mile Road, was received and
placed on file for the information of the Council (CR 718-99)
A communication from the Law Department, dated October 29, 1999, re
the removal of trees at the Steak 'N Shake Restaurant located on the east side of
Middlebelt Road north of Six Mile Road, was received and placed on file for the
information of the Council (CR 719-99)
A communication from the Livonia Tree City Committee, dated January
25, 2000, re their recommendations for action to be taken by the owner of Steak 'N
Shake Restaurant to replace various trees that were removed by said owner, was
received and placed on file for the information of the Council (CR 720-99) (Petition 99-3-
2-7)
#126-00 RESOLVED, that having considered the report and
recommendation of the Livonia Tree City Committee, dated January 25,
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2000, approved for submission by the Mayor, submitted pursuant to
Council Resolution 720-99, regarding the removal of various trees on the
Steak 'n Shake property located on the east side of Middlebelt Road, north
of Six Mile Road, the Council does hereby concur in the recommendations
of the Tree City Committee as listed in its correspondence dated January
25, 2000, and the Inspection Department is hereby requested to monitor
the property owner's compliance with said recommendations
#127-00 RESOLVED, that having considered the report and
recommendation of the Department of Law, dated February 2, 2000,
approved for submission by the Mayor, regarding the extension of the
Botsford Park Cellular Tower Lease with Detroit SMSA Limited
Partnership, the Council does hereby refer this matter to the Cellular
Tower Committee for its report and recommendation
#128-00 RESOLVED, that having considered the report and
recommendation of the Department of Law, dated February 2, 2000,
approved for submission by the Mayor, regarding the extension of the
Botsford Park Cellular Tower Lease with Detroit SMSA Limited
Partnership, the Council does hereby refer this matter to the Committee of
the Whole for its report and recommendation
#129-00 RESOLVED, that having considered the report and
recommendation of the Department of Law, dated January 31, 2000,
approved for submission by the Mayor, to which is attached a
communication from the Director of Finance, dated January 25, 2000, and
a letter from Trinity Wireless Towers, Inc., dated January 8, 2000, offering
to purchase the City's cellular tower located behind the Police Station and
requesting to install a new cellular tower at Idyl Wyld Golf Course, the
Council does hereby refer this matter to the Cellular Tower Committee for
its report and recommendation
#130-00 RESOLVED, that having considered the report and
recommendation of the Department of Law, dated January 31, 2000,
approved for submission by the Mayor, to which is attached a
communication from the Director of Finance, dated January 25, 2000, and
a letter from Trinity Wireless Towers, Inc , dated January 8, 2000, offering
to purchase the City's cellular tower located behind the Police Station and
requesting to install a new cellular tower at Idyl Wyld Golf Course, the
Council does hereby refer this matter to the Committee of the Whole for its
report and recommendation
#131-00 RESOLVED, that having considered the report and
recommendation of the Director of Public Works and the City Engineer,
dated January 31, 2000, which bears the signature of the Director of
Finance, is approved by the City Attorney and approved for submission by
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the Mayor, regarding the cost of widening Newburgh Road, north of Seven
Mile, as part of the development of a commercial business by Dominic and
Michael Soave in 1996, the Council does hereby approve of the request to
reimburse Dominic and Michael Soave in the amount of$25,096 76 for the
completion of the Newburgh Road widening north of the commercial
business located at 19242-19256 Newburgh Road, FURTHER, the
Council does hereby appropriate and authorize the expenditure of the sum
of $25,096 76 from the Michigan Transportation Fund (Major Road
Account) for this purpose
#132-00 RESOLVED, that having considered the report and
recommendation of the City Engineer, dated January 24, 2000, approved
by the Director of Public Works and approved for submission by the
Mayor, regarding construction of new sidewalks in the City of Livonia on
the north and south sides of Seven Mile between Newburgh Road and
Farmington Road in Sections 4, 5, 8 and 9, in connection with the
reconstruction of Seven Mile Road, at the locations and in the amounts
indicated in the attachment to the aforesaid communication, which work
was done pursuant to Council Resolution No 178-99 adopted on March
24, 1999, and in accordance with the provisions of Section 12 04 340 of
Chapter 4 of Title 12 of the Livonia Code of Ordinances, as amended, and
the Council does hereby establish the evening of Wednesday, April 19,
2000, at 8 00 p m at the Livonia City Hall, 33000 Civic Center Drive,
Livonia, Michigan, as the time and place when the Council shall meet for
the purpose of adopting a resolution placing a special assessment upon
said properties for such charges unless the same are paid prior to the date
of such meeting, and the City Clerk and City Treasurer are hereby
requested to do all things necessary or incidental to the full performance
of this resolution
#133-00 RESOLVED, that having considered the report and
recommendation of the City Engineer, dated January 26, 2000, which
bears the signature of the Director of Finance, is approved by the Director
of Public Works and is approved for submission by Mayor, with regard to
the street improvement of Bell Creek Lane and Bloomfield Drive within the
Bell Creek Farms Subdivision (S.A.D No 391) in the Northwest 1/4 of
Section 15, the Council does hereby determine as follows
To authorize a revision and amendment to Special Assessment
District No 391 in accordance with the revised assessment roll
attached to the aforesaid communication so as to decrease the
total assessment as set forth in the confirmed assessment roll for
Special Assessment District No 391 from $105,558 87 to
$88,891 68, with the assessments to be reduced to the assessment
rate of $16 00 per assessable foot and which amendment will
16.• reflect actual costs incurred in this project;
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To authorize a revision and amendment to Special Assessment
District No 391 in accordance with the revised assessment roll
attached to the aforesaid communication so as to increase the total
assessment as set forth in the confirmed assessment roll for
Special Assessment District No 391 for parcels listed in
Attachment III to $2,287 43, so as to include the cost of additional
work requested by property owners within the assessment district
and which amendment will reflect actual costs incurred in this
project;
To establish the final project cost at $123,159 62, of which
$91,179 11 is to be charged to the special assessment district, and
$31,980 51 is to be assumed by the City's Michigan Transportation
Fund (Local Road Account) receipts, and
To authorize an expenditure in the amount of $123,159 62 from the
General Obligation Road Improvement Bond Issue with the
provision that the Bond Issue be reimbursed at such time as funds
are available from the next Special Assessment Bond Issue
($91,179 11) and from Michigan Transportation Fund (Local Road
Account) receipts ($31,980 51),
and the City Assessor, City Clerk and City Treasurer are hereby
authorized to do all things necessary or incidental to the full performance
of this resolution
#134-00 RESOLVED, that having considered a communication from
the City Engineer, dated February 4, 2000, approved by the Director of
Public Works and approved for submission by the Mayor, to which is
attached lists of sidewalks requiring installation or replacement within
miscellaneous locations throughout the City of Livonia, said list being
included herein by reference, and for the reasons stated, the Council does
hereby require the respective owners of lots and premises referred to in
said list to install or to remove and replace sidewalk at such premises,
and the City Clerk is hereby requested to do all things necessary to carry
out the provisions of this resolution which is made pursuant to Title 12,
Section 340 of the Livonia Code of Ordinances, as amended, FURTHER,
said notice shall set forth that the respective owners of lots and premises
herein referred to shall complete said sidewalk work no later than June 1,
2000, after which date the Engineering Division shall arrange for the
construction and/or reconstruction for the said sidewalks, FURTHER, the
Council does hereby authorize the construction and/or reconstruction of
various sections of sidewalks and crosswalks at several locations within
the City inasmuch as the same are the City's responsibility; and
FURTHER, the Engineering Department is hereby authorized to finalized
plans and specifications and arrange for the taking of bids for the 2000
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Sidewalk Program, which program will include all required work that has
not been completed by private property owners by June 1, 2000
#135-00 RESOLVED, that having considered a communication from
the City Planning Commission, dated January 28, 2000, which transmits
its resolution 1-15-2000, adopted on January 25, 2000, with regard to
Petition 99-12-2-31, submitted by John Warren, on behalf of Bellacino's
Pizza and Grinders, requesting waiver use approval to operate a
restaurant on property located in the Woodland Square Shopping Center
on the north side of Plymouth Road between Tech Center Drive and Sears
Avenue in the Southeast 1/4 of Section 26, which property is zoned C-2,
the Council does hereby concur in the recommendation made by the City
Planning Commission and Petition 99-12-2-31 is hereby approved and
granted, subject to a limitation on the maximum number of customer seats
to be provided of 48 seats
A communication from the Planning Director, dated February 4, 2000, re
establishing a zoning classification best suited to Civic Park Woods Condominiums,
located on south side of Five Mile Road between Fairfield and Brookfield Avenues, was
received and placed on file for the information of the Council (Petition 99-12-2-33)
#136-00 RESOLVED, that having considered a communication from
the City Planning Commission, dated January 28, 2000, which transmits
its resolution 1-16-2000, adopted on January 25, 2000, with regard to
Petition 99-12-2-33, submitted by James M Szkrybalo, on behalf of Civic
Park Woods Condominiums, requesting waiver use approval to construct
a planned residential development on property located on the west side of
Fairfield Avenue between Five Mile Road and Meadowbrook Lane in the
Northwest 1/4 of Section 22, which property is currently zoned R-7 and is
proposed to be rezoned to R-C, the Council does hereby concur in the
recommendation made by the City Planning Commission and Petition 99-
12-2-33 is hereby approved and granted, subject to the following
conditions
1 That the Site Plan marked Sheet 1, prepared by R. G Myers &
Associates, Inc , dated January 31, 2000, is hereby approved and
shall be adhered to,
2 That the two (2) Building Elevation Sheets prepared by R. G Myers
& Associates, Inc , as received by the Planning Commission on
January 31, 2000, are hereby approved and shall be adhered to,
except that brick shall constitute not less than 85% of the exterior
wall materials, on all four sides, on each condominium building,
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3 That the brick used in the construction of each condominium
building shall be full-face four (4") inch brick, no exceptions,
4 That the petitioner shall meet to the Fire Department's satisfaction
the following requirements as outlined in a letter from the Fire and
Rescue Division of the Department of Public Safety, dated January
5, 2000
That adequate hydrants shall be provided and located with
spacing consistent with residential areas, and
That the most remote hydrant shall flow 1,000 GPM with a
residual pressure of 20 PSI,
5 That the Landscape Plan prepared by R. G Myers & Associates,
Inc , as received by the Planning Commission on January 14, 2000,
is hereby approved and shall be adhered to,
6 That all disturbed lawn areas shall be sodded in lieu of
hydroseeding,
7 That all planted materials shall be installed to the satisfaction of the
Inspection Department and thereafter permanently maintained in a
healthy condition,
8 That underground sprinklers are to be provided for all landscaped
and sodded areas, and
9 That a window shall be added to the side of each garage
#137-00 WHEREAS, based upon a communication dated January 27,
2000, from the Director of Publics Works and the City Engineer, which
bears the signature of the Director of Finance and is approved for
submission by the Mayor, with regard to the special assessment roll for
the street improvement consisting of the placement of a three (3") inch
overlay over the top of the existing four (4") inch asphalt road and
widening two (2') feet on each side of the road with a two (2") inch high
mountable asphalt curb (Alternate III Modified) for Lamont Street (130 feet
north of Joy Road to 200 feet south of Northfield Avenue) and Stonehouse
Avenue (130 feet north of Joy Road to Minton Avenue) advising that
certain deficiencies exist and in accordance with the provisions in Section
3 08 270 of the Livonia Code of Ordinances, as amended, that additional
assessments should be levied against lots or parcels of land in such
Special Assessment District in the amount of $245,384 40 to cover the
cost of the proposed improvement, and the City Assessor of the City of
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Livonia having prepared, reported and certified to the Council under date
of February 3, 2000, a revised assessment roll dated February 3, 2000, for
the proposed street improvement containing the special assessments to
be assessed and levied, respectively, in the proposed special assessment
district heretofore established for the construction and operation of the
proposed improvement in said district as designated in Council Resolution
150-99,
THEREFORE, BE IT RESOLVED, that the said revised roll is hereby
accepted by the City Council, that it is hereby ordered to be filed in the
office of the City Clerk for public examination, that the City Clerk be and
hereby is directed to give notice as required by the provisions of Section
3 08 110 of the Livonia Code of Ordinances, as amended, to wit: that the
revised assessment roll has been made and filed in the office of the City
Clerk for public examination and that the City Council of the City of Livonia
will meet in the City Hall, 33000 Civic Center Drive, Livonia, Michigan, on
Wednesday, March 29, 2000, at 7 00 p m to review the said revised
special assessment roll at which time and place opportunity will be given
to all interested persons to be heard,
IT IS FURTHER RESOLVED, that the City Clerk be and hereby is directed
to publish a notice of said public hearing at least once in the official
newspaper of the City of Livonia which is published and circulated
generally in and throughout the said City, at least ten (10) days prior to the
aforesaid date of Wednesday, March 29, 2000, the City Clerk is also
directed to give notice of said hearing by sending written notice thereof by
first class mail to each and every property owner in the proposed
assessment district as their respective names and addresses appear on
the most current assessment roll in the City Assessor's office
#138-00 RESOLVED, that having considered a communication from
Tom J Goldberg, on behalf of Millennium Park, L L.0 , dated February 14,
2000, which in accordance with the provisions of Section 19 08 of
Ordinance 543, as amended, the Zoning Ordinance, takes an appeal from
a determination made on February 8, 2000, by the City Planning
Commission in its resolution 2-30-2000 with regard to Petition 99-11-SN-
14 submitted by Millennium Park, L L C requesting approval for signage
for the commercial development located at 13500 Middlebelt Road in the
Northwest 1/4 of Section 25, the Council does hereby designate Monday,
March 27, 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 543, as amended, the Zoning
Ordinance of the City of Livonia
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A roll call vote was taken on the foregoing resolutions with the following result:
AYES Laura, Engebretson, Vandersloot, Walsh, Pastor, Duggan and
Brosnan
NAYS None
On a motion by Engebretson, seconded by Walsh, and unanimously
adopted, it was
#139-00 RESOLVED, that having considered the report and
recommendation of the Committee of the Whole, dated February 2, 2000,
upon review of a Letter of Understanding developed in connection with the
swap of the City of Livonia's John Stymelski Veterans' Park site for a
portion of the land known as the Bentley High School site owned by the
Livonia Public Schools, the Council does hereby approve the swap on the
terms set forth in the Letter of Understanding, dated January 28, 2000,
subject to agreement on an occupancy date for the Bentley High School
site, and subject to the negotiation of a lease of said park site from the
Livonia Public Schools to the City; and the Department of Law is
authorized to negotiate such lease and prepare all documents related to
said swap and lease, and the Mayor and City Clerk are hereby authorized,
for and on behalf of the City of Livonia, to execute such lease, as well as
a warranty deed conveying the park site to the Livonia Public Schools, and
to do all other things necessary or incidental to the full performance of this
resolution
Councilmember Pastor left the podium at 8 10 p m due to a conflict of interest.
On a motion by Duggan, seconded by Walsh, and unanimously adopted, it
was
#140-00 RESOLVED, that having considered the report and
recommendation of the Committee of the Whole, dated February 7, 2000,
submitted pursuant to Council Resolution 74-00, a communication from the
Department of Law, dated January 17, 2000, approved for submission by the
Mayor, and a communication from the City Planning Commission, dated
December 6, 1996, which sets forth its resolution 11-215-96 adopted on
November 19, 1996, with regard to Petition 96-7-1-15, submitted by the City
Planning Commission, pursuant to Council Resolution 398-96, for a change of
zoning of property located at 19810 Farmington Road and 19730 Farmington
Road in the West 1/2 of Section 3, from OS and R-3A to R-C or R-9, and the
Council having conducted a Public Hearing with regard to this matter on
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February 10, 1997, pursuant to Council Resolution 1173-96, the Council does
hereby approve Petition 96-7-1-15, as modified to change the zoning
classification to R-C only, 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
A roll call vote was taken on the foregoing resolution with the following result:
AYES Laura, Engebretson, Vandersloot, Walsh, Duggan and Brosnan
NAYS None
The President declared the resolution duly adopted
Councilmember Pastor returned to the podium at 8 11 p m
On a motion by Walsh, seconded by Duggan, it was
#141-00 RESOLVED, that having considered the report and
recommendation of the Legislative Committee, dated February 8, 2000,
submitted pursuant to Council Resolution 150-98, regarding the subject of
an ordinance amendment for the selection process of Board of Ethics
members, the Council does hereby refer the matter of the number of
members serving on the Board of Ethics, as well as any other suggestions
related to the operation of the Board, to the Board of Ethics for its report
and recommendation
A roll call vote was taken on the foregoing resolution with the following result:
AYES Engebretson, Vandersloot, Duggan and Brosnan
NAYS Laura, Walsh and Pastor
The President declared the resolution duly adopted
On a motion by Walsh, seconded by Vandersloot, and unanimously
adopted, it was
#142-00 RESOLVED, that having considered the report and
recommendation of the Legislative Committee, dated February 8, 2000,
submitted pursuant to Council Resolution 744-99, and the report and
recommendation of the Department of Law, dated October 1, 1999,
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approved for submission by the Mayor, submitted pursuant to Council
Resolutions 266-99 and 267-99, regarding the re-employment of retirees
by the City and the status of such individuals in the retirement system, the
Council does hereby refer the matter of the re-employment of retirees by
the City to the Department of Law to finalize the preparation of an
appropriate ordinance amendment to Title 2, Chapter 96 (Retirement
Plan) and/or Title 2, Chapter 97 (Defined Contribution Retirement Plan) of
the Livonia Code of Ordinances, as amended, for submission to Council
On a motion by Walsh, seconded by Vandersloot, and unanimously\
adopted, it was
#143-00 RESOLVED, that having considered the report and
recommendation of the Legislative Committee, dated February 8, 2000,
submitted pursuant to Council Resolution 744-99, and the report and
recommendation of the Department of Law, dated October 1, 1999,
approved for submission by the Mayor, submitted pursuant to Council
Resolutions 266-99 and 267-99, regarding the re-employment of retirees
by the City and the status of such individuals in the retirement system, the
Council does hereby refer the subject of 1) eligibility for the Defined
Contribution Plan upon re-employment of retirees, 2) continued eligibility
for retiree health care coverage after re-employment of retirees, and 3)
disability claims during periods of re-employment of retirees to the
Department of Law for its report and recommendation
On a motion by Walsh, seconded by Engebretson, and unanimously
adopted, it was
#144-00 RESOLVED, that having considered the communications
from the Economic Development Manager dated July 29, 1999 and
August 16, 1999, submitted pursuant to Council Resolution 538-99, the
Council does hereby concur with the Proposed Tax Exemption Duration
Guidelines in connection with Industrial Facilities Exemption Certificates
that are set forth in these communications
On a motion by Walsh, seconded by Pastor, and unanimously adopted, it
was
#145-00 RESOLVED, that having considered the report and
recommendation of the Legislative Committee, dated February 8, 2000,
submitted pursuant to Council Resolution 538-99, and the report and
recommendation of the Economic Development Manager, dated July 29,
1999, approved for submission by the Mayor, regarding proposed Tax
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Exemption Duration Guidelines in connection with Industrial Facilities
Exemption Certificates, the Council does hereby determine to take no
further action on this matter
Councilmember Vandersloot gave first reading to the following Ordinance
AN ORDINANCE AMENDING SECTIONS 020, 050,
080 AND 090 OF TITLE 2, CHAPTER 96
(RETIREMENT PLAN) OF THE LIVONIA CODE OF
ORDINANCES, AS AMENDED
The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in the
Office of the City Clerk and is the same as if word for word repeated herein The above
Ordinance was placed on the table for consideration at the next regular meeting
A communication from the Department of Law, dated February 16, 2000,
re changes to be incorporated in an amended Ordinance (Retirement Plan), was
received and placed on file for the information of the Council
Councilmember Pastor gave first reading to the following Ordinance
AN ORDINANCE AMENDING SECTION 150 OF
TITLE 5, CHAPTER 42 (HOTELS, MOTOR COURTS,
LODGINGHOUSES, ROOMINGHOUSES, ONE-
FAMILY RENTAL DWELLINGS, TWO-FAMILY
RENTAL DWELLINGS AND MULTIPLE-FAMILY
RENTAL DWELLINGS, AND BED AND BREAKFAST
ESTABLISHMENTS) OF THE LIVONIA CODE OF
ORDINANCES, AS AMENDED
The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in the
Office of the City Clerk and is the same as if word for word repeated herein The above
Ordinance was placed on the table for consideration at the next regular meeting
Councilmember Pastor gave first reading to the following Ordinance
AN ORDINANCE AMENDING SECTION 15 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
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OF LIVONIA ZONING ORDINANCE" BY ADDING
SECTION 3 THERETO (Petition 99-10-1-18)
The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in the
Office of the City Clerk and is the same as if word for word repeated herein The above
Ordinance was placed on the table for consideration at the next regular meeting
A communication from Omer Alfred Samyn, Jr and family, dated February
2, 2000, re their support of the proposed amendment to the Ordinance as it relates to a
zoning change for property owned by Ward Evangelical Presbyterian Church at Six Mile
and Farmington Roads, was received and placed on file for the information of the
Council (Petition 99-10-1-18)
On a motion by Engebretson, seconded by Vandersloot, it was
#146-00 RESOLVED, that having considered communications from
Brashear, Tangora and Spence, L L P , on behalf of Concord Properties,
L L C and Livonia Building Materials, Co , dated January 11, 2000, and
February 4, 2000, and before determining to lengthen and pave Concord
Street, east of its intersection with Stark Road, a distance of approximately
350 to 400 feet, in the City of Livonia, the cost of which is to be defrayed
by special assessment, the City Engineer is hereby requested to ascertain
the assessed valuation of all property affected by the proposed
improvement, the number of parcels which show tax delinquencies, the
number of parcels owned by public authorities, the number of parcels
which are now vacant, and to prepare and cause to be prepared, plans
and specifications therefor and an estimate of the cost thereof, and to file
the same with the City Clerk together with his recommendation as to what
proportion of the cost should be paid by special assessment and what
part, if any, should be a general obligation of the city, the number of
installments in which assessments may be paid and the lands which
should be included in the proposed special assessment district, pursuant
to the provisions of Section 3 08 060 of the Livonia Code of Ordinances,
as amended
A roll call vote was taken on the foregoing resolution with the following result:
AYES Laura, Engebretson, Vandersloot, Walsh and Brosnan
32121
NAYS Pastor and Duggan
The President declared the resolution duly adopted
On a motion by Walsh, seconded by Pastor, it was
#147-00 RESOLVED, that having considered the report and
recommendation of the Director of the Housing Commission, dated
February 1, 2000, which bears the signature of the Director of Finance
and is approved for submission by the Mayor, and which indicates that the
Housing Commission has recommended a rental adjustment for Silver
Village as follows
A) Pre-December 1990 Residents - 38 Residents
Adjusted Rent
Bedroom Size Current Rent Effective 6-1-00
One Bedroom $290 $295
Two Bedroom 325 330
B) Post-December 1990 Residents - 70 Residents:
One Bedroom $355 $360
Two Bedroom 410 415
The above rents exclude gas and electric utility costs
The Council does hereby concur in and approve of the recommended
action
A roll call vote was taken on the foregoing resolution with the following result:
AYES Laura, Engebretson, Vandersloot, Walsh , Pastor and Brosnan
NAYS Duggan
The President declared the resolution duly adopted
On a motion by Duggan, seconded by Pastor, it was
#148-00 RESOLVED, that having considered a communication from
the City Planning Commission, dated January 28, 2000, which transmits
its resolution 1-20-2000, adopted on January 25, 2000, with regard to
Petition 99-11-SN-15, submitted by Suburban Eye Care, requesting
approval for signage for the property located at 32415 Five Mile Road in
the Northwest 1/4 of Section 22, the Council does hereby concur in the
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recommendation of the Planning Commission and hereby approves
Petition 99-11-SN-15, subject to the following conditions
1 That the Sign Package submitted by Suburban Eye Care, as
received by the Planning Commission on November 24, 1999, is
hereby approved and shall be adhered to, provided that the area of
the sign shall not exceed 10 sq ft.,
2 That the sign shall not be illuminated after midnight; and
3 That any additional signage shall come back before the Planning
Commission and City Council for their review and approval
A roll call vote was taken on the foregoing resolution with the following result:
AYES Engebretson, Pastor, Duggan and Brosnan
NAYS Laura, Vandersloot and Walsh
The President declared the resolution duly adopted
On a motion by Duggan, seconded by Laura, and unanimously adopted, it
was
#149-00 RESOLVED, that having considered a communication from
the City Planning Commission, dated January 28, 2000, which transmits
its resolution 1-18-2000 adopted on January 25, 2000, with regard to
Petition 99-11-8-31, submitted by Ali Bazzy, on behalf of Sunoco,
requesting site plan approval in connection with a proposal to construct
additions to and renovate the exterior building elevations of the gas station
located at 33234 Schoolcraft Road in the Southwest 1/4 of Section 22,
pursuant to the provisions set forth in Section 18 58 of Ordinance No 543,
as amended, the Council does hereby refer this matter to the Committee
of the Whole for its report and recommendation
On a motion by Pastor, seconded by Duggan, and unanimously adopted,
it was
#150-00 RESOLVED, that having considered a communication from
the City Planning Commission, dated January 28,2000 which transmits its
resolution 1-18-2000 adopted on January 25, 2000, with regard to Petition
99-11-8-31, submitted by Ali Bazzy, on behalf of Sunoco, the Council does
hereby refer this subject to the Administration for a report and
L
32123
recommendation on the signage package to determine the conformance
and the existence of a permit for such
On a motion by Duggan, seconded by Pastor, it was.
#151-00 RESOLVED, that having considered a letter from Charlotte
S Mahoney, Regional Manager, Detroit Edison, dated January 25, 2000,
wherein a request is made to purchase certain City-owned property
located on the south side of Glendale Avenue for the purpose of
constructing a new substation ("Ottawa"), the Council does hereby refer
this matter to the Department of Law for the purpose of obtaining an
appraisal with respect to this property and does further authorize the
Department of Law to commence negotiations with Detroit Edison for the
purchase of city-owned property located on the south side of Glendale
Avenue in the North 1/2 of Section 27, and does further request that the
Department of Law thereafter submit its report and recommendation to
Council, FURTHER, the Council does hereby authorize and appropriate
the expenditure of a sum not to exceed $2,000 00 from the General Fund
Unexpended Fund Balance to be transferred to Account No 101-267-972-
000 for this purpose
A roll call vote was taken on the foregoing resolution with the following result:
AYES Laura, Engebretson, Vandersloot, Pastor, Duggan and Brosnan
NAYS Walsh
The President declared the resolution duly adopted
On a motion by Vandersloot, seconded by Pastor, and unanimously
adopted, it was
#152-00 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 City-owned
property consisting of 2 410 acres located on the south side of Glendale
Avenue, east of Farmington Road in the North 1/2 of Section 27, should
be rezoned from PL to a more appropriate zoning classification
A communication from the Department of Law, dated February 18, 2000,
re the appraisal of the Glendale Avenue Transfer Station Site, was received and
placed on file for the information of the Council
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On a motion by Duggan, seconded by Walsh, and unanimously adopted, it
was
#153-00 WHEREAS, America's Democratic traditions were
engendered in self-governing local communities, and
WHEREAS, local governance has long been treated as a matter of right in
Michigan, and
WHEREAS, this State's most recent constitutional convention touted
"Michigan's successful experience with Home Rule," and
WHEREAS, historically, the City of Livonia and other municipalities
throughout Michigan have exercised home rule decision-making authority
to address the wishes and desires of local residents in a manner that
reflects their local values, and
WHEREAS, recent actions by the State Legislature to restrict, preempt or
override municipal policies, ordinances and contracts have demonstrated
that home rule is now under attack, and
WHEREAS, the Michigan Municipal League has proposed an amendment
to the Michigan Constitution to require a 2/3 vote of each chamber of the
Michigan Legislature on any legislative bill that seeks to restrict or preempt
the powers and authorities of cities, villages, townships, counties and
municipal authorities under home rule, and
WHEREAS, the Michigan Municipal League's "Let Local Votes Count"
campaign is gathering the signatures of at least 302,711 registered
Michigan voters to place the proposed Constitutional Amendment on the
November 7, 2000, statewide election ballot; and
WHEREAS, recent polls indicate a majority of Michigan voters would
support a constitutional amendment to limit state intervention in local
governance,
NOW, THEREFORE, BE IT RESOLVED that the Mayor and City Council
of the City of Livonia hereby endorse the "Let Local Votes Count" ballot
initiative of the Michigan Municipal League and will encourage the citizens
of Livonia to sign the petitions to place the proposal on the ballot.
BE IT FURTHER RESOLVED, that copies of this resolution be sent to
Governor John Engler, State Senator Thaddeus McCotter, State
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Representative Laura M Toy, State Representative Gerald Law, the
Michigan Municipal League State and Federal Affairs Division, and the
Conference of Western Wayne
Mayor Kirksey spoke to the Council in favor of supporting the Michigan
Municipal League's Home Rule Petition Drive
An article from the Livonia Observer and Eccentric newspaper, dated
February 17, 2000, re the Home Rule issue was received and placed on file for the
information of the Council
On a motion by Duggan, seconded by Pastor, and unanimously adopted,
it was
#154-00 RESOLVED, that having considered a communication from
the City Planning Commission, dated December 2, 1999, which sets forth
its resolution 11-207-99 adopted on November 23, 1999, with regard to
Petition 99-9-6-4, submitted by the City Planning Commission, pursuant to
Council Resolution 608-99, to determine whether or not to amend Article
II, Section 2 03 of the Zoning Ordinance so as to provide a specific
definition of "major thoroughfare," and the Council having conducted a
public hearing with regard to this matter on Monday, February 7, 2000,
pursuant to Council Resolution 847-99, the Council does hereby approve
Petition 99-9-6-4 for preparation of the ordinance for submission to
Council, and the Department of Law is requested to prepare an ordinance
amending Ordinance 543, as amended, in accordance with this resolution
Councilmember Duggan left the podium at 9 02 p m due to a conflict of interest.
On a motion by Pastor, seconded by Walsh, and unanimously adopted, it
was
#155-00 RESOLVED, that having considered a communication from
the City Planning Commission, dated December 2, 1999, which sets forth
its resolution 11-204-99 adopted on November 23, 1999, with regard to
Petition 99-10-1-17, submitted by Leo Soave, for a change of zoning of
property located on the north side of Ann Arbor Trail between Stark Road
and Farmington Road in the Southeast 1/4 of Section 33, from RUE to R-
IB, and the Council having conducted a Public Hearing with regard to this
matter on Monday, February 7, 2000, pursuant to Council Resolution 848-
99, the Council does hereby approve Petition 99-10-1-17 for preparation
32126
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
A roll call vote was taken on the foregoing resolution with the following result:
AYES Laura, Engebretson, Vandersloot, Walsh, Pastor and Brosnan
NAYS None
The president declared the resolution duly adopted
Councilmember Duggan returned to the podium at 9.04 p m
On a motion by Duggan, seconded by Pastor, and unanimously adopted,
it was
#156-00 RESOLVED, that having considered a communication from
the Department of Law, dated January 31, 2000, approved for submission
by the Mayor, transmitting for Council acceptance a Grant of Easement in
connection with the construction of a new watermain at the Botsford
Elementary School, 19515 Lathers, more particularly described as
Grant of Easement dated December 9, 1999, executed by
Thomas J. Tattan, Clarenceville School District, to the City of
Livonia, for:
Public Utility Easement
The South 20 feet and the West 12 feet of the East 124 feet of the
North 30 feet of that part of the SW 1/4 of Section 1, T 1 S , R. 9 E ,
City of Livonia, Wayne County, Michigan, described as beginning at a
point on the North and South 1/4 line of said section distant N 1,320 0
feet from the South 1/4 corner of Section 1, and proceeding thence
North along said line 50 0 feet; thence W 330 0 feet; thence S 50 0
feet, thence E 330 0 feet to the point of beginning except the W 30 0
feet thereof
The North 20 feet of the South 28 feet of that part of the SE 1/4 of
Section 1, T 1 S , R. 9 E , City of Livonia, Wayne County, Michigan,
described as beginning at a point on the North and South 1/4 line of
said section distant S 01°38'51" E 163 0 feet from the center 1/4
corner of Section 1 and proceeding thence S 01°38'51" E along said
32127
line 1,138 03 feet; thence N 88°28'35" E 300 0 feet; thence N
01°38'51" W 1,136 65 feet; thence S 88°27'50" W 300 0 feet to the
point of beginning,
the Council does hereby, for and in behalf of the City of Livonia, accept
the aforesaid Grant of Easement and the City Clerk is hereby requested to
have the same recorded in the Office of the Register of Deeds and to do
all other things necessary or incidental to fulfill the purpose of this
resolution
On a motion by Duggan, seconded by Walsh, and unanimously adopted,
this 1411th Regular Meeting of the Council of the City of Livonia was adjourned at 9.05
p m , February 23, 2000
J. n McCotter, City Clerk