HomeMy WebLinkAboutCOUNCIL MINUTES 2002-01-30 33383
MINUTES OF THE ONE THOUSAND FOUR HUNDRED FIFTY-SEVENTH
REGULAR MEETING OF JANUARY 30, 2002
On January 30, 2002, the above meeting was held at the City Hall,
33000 Civic Center Drive, Livonia, Michigan, and was called to order by the
President of the Council at 8 00 p m Councilmember Vandersloot delivered the
invocation
Roll was called with the following result. Val Vandersloot, Linda
Dolan, Gerald Taylor, Joe Laura, Maureen Miller Brosnan, Donald Knapp and
Jack Engebretson
Absent. None
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, Karen Szymula, Director of Legislative Affairs and Ian Wilshaw, Traffic
Commission
On a motion by Taylor, seconded by Brosnan, and unanimously
adopted, it was
CR 40-02 RESOLVED, that the minutes of the 1,456th Regular
Meeting of the Council held January 16, 2002 are hereby approved
as submitted
During the audience communication portion of the agenda,
Councilmember Taylor wished his sister, Vera Musick, a "Happy Birthday"
Mayor Kirksey announced that a snow emergency would be in
effect for the City of Livonia beginning at 8 00 a m on January 31, 2002
At the direction of the Chair, Item #2 was removed from the Consent portion of
the agenda
On a motion by Taylor, seconded by Brosnan, it was
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CR 41-02 RESOLVED, that having considered a letter from Sue
Mahoney, Chairperson of the Clarenceville Athletic Booster Club,
received in the Office of the City Clerk on January 7, 2002, which
requests permission to display signs announcing their "Touch of
Spring" Craft Show to be held on Saturday, March 23, 2002, which
signs are to be 14" x 22" in size and which will be displayed from
March 9, 2002, through March 25, 2002, at all major intersections in
the City, the Council does hereby grant and approve this request in
the manner and form herein submitted
CR 42-02 RESOLVED, that pursuant to the provisions of
Section 5, Chapter VIII of the Charter of the City of Livonia, and
based upon the appointment of the Mayor, dated January 7, 2002,
the Council does hereby consent to and confirm the appointment of
Jollietta Coleman, 14174 Richfield, Livonia, Michigan 48154, to the
Board of Review to fill the unexpired term of Carol Dickson, which
term will expire on February 16, 2003, provided that Ms Coleman
takes the Oath of Office as required in Chapter X, Section 2 of the
City Charter, to be administered by the City Clerk.
CR 43-02 RESOLVED, that pursuant to the provisions of
Section 5, Chapter VIII of the Charter of the City of Livonia, and
based upon the appointment of the Mayor, dated January 8, 2002,
the Council does hereby consent to and confirm the reappointment
of Barbara M Komarynski, 29490 Robert Drive, Livonia, Michigan
48150, to the Board of Review for a term of three years
commencing February 17, 2002, and expiring February 16, 2005
A communication from Livonia Traffic Commission, dated
December 21, 2001 - Administrative Response - re the possible installation of a
"Stop" sign at the intersection of Camborne Street and Hubbard Road, and the
Commission's recommendation that a sign not be installed, was received and
placed on file for the information of the Council (CR 690-01)
CR 44-02 RESOLVED, that having considered the report and
recommendation of the Traffic Commission, dated December 21,
2001, approved for submission by the Mayor, submitted pursuant to
Council Resolution 690-01, with regard to the possible installation
of a stop sign at Camborne Street and Hubbard Road, the Council
does hereby determine to take no further action with respect to this
matter
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CR 45-02 RESOLVED, that having considered the report and
recommendation of the Director of Inspection, dated January 8,
2002, which bears the signature of the Director of Finance and is
approved for submission by the Mayor, the Council does hereby
approve the extension of the Weed Cutting Contract 99-A,
commencing January 1, 2002, and expiring on December 31, 2002,
with Michigan Grounds Management, 14931 Farmington Road,
Livonia, Michigan 48154, under the same rates, terms and
conditions as the 1999 contract; FURTHER, the Council does
hereby authorize an advance in the contract amount from the
Municipal Refuse Fund Account for the purpose of making
payments to the contractor as the work is completed, with the
provision that the Municipal Refuse Fund Account be reimbursed
as bills for weed cutting are collected, and the Director of Inspection
is hereby authorized to approve minor adjustments in the work as it
becomes necessary; and the City Clerk is hereby authorized to do
all things necessary or incidental to the full performance of this
resolution, FURTHER, the Council does hereby authorize the
action herein without competitive bidding in accordance with
Section 3 04 140D4 of the Livonia Code of Ordinances, as
amended
CR 46-02 RESOLVED, that having considered a communication
from the Director of Finance, dated January 8, 2002, 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 , 2002,
through December 31, 2002, 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
CR 47-02 RESOLVED, that having considered the report and
recommendation of the Chief of Police, dated January 2, 2002,
which bears the signature of the Director of Finance and is
approved for submission by the Mayor, the Council does hereby
authorize the purchase of Police Department vehicles for the
Intelligence Bureau as follows
• One vehicle from Buff Whelan Chevrolet, 40445 Van Dyke,
Sterling Heights, Michigan 48310, through the Oakland
Lie County consortium, in the amount of $19,501 49, to be
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expended from funds already budgeted for this purpose in
Account #101-329-985-000,
• One vehicle from Buff Whelan Chevrolet, 40445 Van Dyke,
Sterling Heights, Michigan 48310, through the Oakland
County consortium, in the amount of $21,675 81, to be
expended from funds already budgeted for this purpose in
Account #101-329-985-000,
• One vehicle from Red Holman Pontiac, 35300 Ford Road,
Westland, Michigan 48185, through the Oakland County
consortium, in the amount of $19,003 00, to be expended
from funds already budgeted for this purpose in Account
#101-329-985-000,
• Two vehicles from Shaheen Chevrolet, 332 American
Road, Lansing, Michigan 48909-7247, through the Oakland
County consortium, in the total amount of $55,568 76, to be
expended from funds already budgeted for this purpose in
Account #265-334-985-000, and
• One vehicle from Bill Snethkamp Dodge, 6131 S
Pennsylvania Avenue, Lansing, Michigan, 48911, through
the State of Michigan bid process, in the amount of
$18,244 84, to be expended from funds already budgeted
for this purpose in Account#101-329-985-000,
FURTHER, the Council does hereby determine to authorize the
said purchases without competitive bidding inasmuch as the same
are based upon the low Oakland County consortium and/or State of
Michigan bids and such action is taken in accordance with the
provisions set forth in Section 3 04 140D4 of the Livonia Code of
Ordinances, as amended
CR 48-02 RESOLVED, that having considered a letter from the
Michigan Liquor Control Commission, dated December 3, 2001,
and the report and recommendation of the Chief of Police, dated
January 11, 2002, approved for submission by the Mayor, the
Council does hereby approve of the request from California Pizza
Kitchen, Inc (a California Corporation), for transfer of ownership of
a 2001 Class C licensed business from 168, Inc. for a business
located at 37546 W Six Mile Road, (Laurel Park Place Shopping
Center), Livonia, Michigan 48152, Wayne County; and the City
Clerk is hereby requested to forward a certified copy of this
resolution to the Michigan Liquor Control Commission
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CR 49-02 RESOLVED, that having considered the report and
recommendation of the Director of Public Works, dated January 11,
2002, which bears the signature of the Director of Finance and is
approved for submission by the Mayor, the Council does hereby
approve the extension of the contract with Great Lakes Sanitation,
P 0 Box 46141, Mt. Clemens, Michigan 48046, to provide portable
toilet service for the seasonal use placements and the special
events for 2002, under the same rates, terms and conditions as the
2000 contract, FURTHER, the Council does hereby authorize the
said item without competitive bidding for the reasons indicated in
the aforesaid communication, and such action is taken in
accordance with Section 3 04 140D4 of the Livonia Code of
Ordinances, as amended
CR 50-02 RESOLVED, that having considered the report and
recommendation of the Director of Public Works and the
Superintendent of Public Service, dated January 8, 2002, which
bears the signature of the Director of Finance and is approved for
submission by the Mayor, the Council does hereby authorize the
purchase of gasoline and diesel fuel for tank wagon metered (5,000
gallons or less) through the Tri-County Public Purchasing
Cooperative (TCPPC) from Atlas Oil Company, 24501 Ecorse
Road, Taylor, Michigan 48180, for the period February 1, 2002
through January 31, 2004, (under the terms and conditions of the
original bid accepted February 9, 2000), for the unit prices of
$0 16855 per gallon markup for unleaded regular, unleaded
premium, and #2 diesel and $0 19355 per gallon markup for #2
premium diesel, FURTHER, the Council does hereby authorize the
purchase of diesel fuel and gasoline for truck transport unmetered
(over 5,000 gallons) through the Tri-County Public Purchasing
Cooperative (TCPPC) from Barrick Enterprises, Inc , 4307
Delemere Court, Royal Oak, Michigan 48073, for the period
February 1, 2002 through January 31 , 2004, (under the terms and
conditions of the original bid accepted February 9, 2000), for the
unit price bid of $0 01815 per gallon markup for unleaded regular
and unleaded premium, $0 02565 per gallon markup for #2 diesel
and $0 03565 per gallon markup for#2 premium diesel, FURTHER,
the Council does hereby determine to authorize the said purchases
without competitive bidding for the reasons indicated in the
aforesaid communication, and such action is taken in accordance
with the provisions set forth in Section 3 04 140D4 of the Livonia
Code of Ordinances, as amended
CR 51-02 RESOLVED, that having considered the report and
recommendation of the Director of Public Works and the City
Engineer, dated January 7, 2002, approved for submission by the
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Mayor, regarding replacement and/or construction of new sidewalks
t
in the City of Livonia pursuant to the 2000 Sidewalk Program at the
locations and in the amounts indicated in the attachment to the
lbw aforesaid communication, which work was done pursuant to
Council Resolution Nos 134-00 and 210-00 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, the City Treasurer is
hereby directed to send a statement of charges to all property
owners in the amounts listed above in accordance with Section
3 08 150 of Title 3, Chapter 8 of the Livonia Code of Ordinances, as
amended, and the Council does hereby establish the evening of
Wednesday, April 10, 2002 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 property 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
CR 52-02 RESOLVED, that having considered the report and
recommendation of the Director of Public Works and the City
Engineer, dated January 7, 2002, approved for submission by the
Mayor, regarding replacement and/or construction of new sidewalks
in the City of Livonia pursuant to the 2001 Sidewalk Program at the
locations and in the amounts indicated in the attachment to the
aforesaid communication, which work was done pursuant to
Council Resolution Nos 192-01 and 222-01 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, the City Treasurer is
hereby directed to send a statement of charges to all property
owners in the amounts listed above in accordance with Section
3 08 150 of Title 3, Chapter 8 of the Livonia Code of Ordinances, as
amended, and the Council does hereby establish the evening of
Wednesday, April 10, 2002 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 property 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
CR 53-02 RESOLVED, that having considered a communication
from the Department of Law, dated January 8, 2002, approved for
submission by the Mayor, the Council does hereby amend and
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revise Council Resolution 701-00 (as amended by Council
Resolution 477-01) so as to have the same read as follows
WHEREAS, the City Clerk has received an Application for
Industrial Facilities Exemption Certificate from General
Motors Corporation, GM Powertrain, dated May 24, 2000,
covering new industrial facilities to be located within City of
Livonia Industrial Development District No 2, and
WHEREAS, the City Clerk has notified in writing the
Assessor of the City of Livonia as well as the legislative body
of each taxing unit which levies ad valorem property taxes in
the local governmental unit in which the proposed facility is
to be located, i e , the City of Livonia, and advised each of
them that the said Application has been received, and
WHEREAS, the City Council has afforded General Motors
Corporation, GM Powertrain, the Assessor, and a
representative of each of the affected taxing units an
opportunity for a hearing on this Application and said hearing
having in fact been conducted at 7 00 p m on Monday,
August 21, 2000, at the Livonia City Hall, 33000 Civic Center
Drive, Livonia, Michigan
NOW, THEREFORE, BE IT RESOLVED BY THE CITY
COUNCIL OF LIVONIA AS FOLLOWS
1 That the City Council, on the basis of the information
received from the applicant, General Motors
Corporation, GM Powertrain, finds and determines
(a) that the granting of this industrial facilities
exemption certificate shall not have the effect of
substantially impeding the operation of the local
governmental unit or impairing the financial
soundness of any taxing unit which levies an ad
valorem property tax in the local governmental unit in
which the facility is to be located, and (b) the applicant
has fully complied with the requirements of Section 9,
Act No 198, P.A. 1974, as amended
2 That the City Council hereby approves the Application
for Industrial Facilities Exemption Certificate from
General Motors Corporation, GM Powertrain, covering
new industrial facilities to be located within the City of
Livonia Industrial Development District No 2
Iwo (including an extension of time to complete the project
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to December 30, 2003) for 12 years upon completion
of the three-year construction period and the
certificate ending date shall be December 30, 2015
ear
3 That in accordance with the requirements of Section
22, Act 198, P.A. 1974, as amended, wherein a letter
of agreement between the applicant and the City is
required in order to clarify the understanding and the
commitment between the applicant and the Board
upon approval of an Industrial Facility Exemption
Certificate, the Council hereby authorizes the Mayor
and City Clerk to sign such Letter of Agreement as
duly executed by the applicant and incorporate such
Letter of Agreement as part of the documentation
required to process Applications for Industrial Facility
Exemption Certificates
CR 54-02 RESOLVED, that having considered the report and
recommendation of the City Attorney, dated January 2, 2002,
approved for submission by the Mayor, wherein it is requested that
the Clean Michigan Initiative Recreation Bond Program
Development Project Agreement ("Agreement") as received from
the Michigan Department of Natural Resources, be amended, the
Council does hereby approve Amendment No 1 to amend Section
5 of the aforesaid Agreement to change the project scope from
Gymnastics/Fitness Center to Aquatics Center; and the City Clerk
is hereby requested to do all things necessary or incidental to the
full performance of this resolution
A Monthly Construction Progress Report presented by Michael J
Genrich, Project Manager, Etkin Skanska, Inc , received on January 14, 2002, re
the Livonia Community Recreation Center, was received and placed on file for
the information of the Council
A roll call vote was taken on the foregoing resolutions with the following result.
AYES Vandersloot, Dolan, Taylor, Laura, Brosnan, Knapp and
Engebretson
NAYS None
On a motion by Taylor, seconded by Brosnan, and unanimously
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adopted, it was
CR 55-02 RESOLVED, that having considered Petition 02-1-3-1
submitted by Lucian and Lucia Ene, dated January 11, 2002,
wherein a request is submitted for the vacating of a 12' wide
easement which runs diagonally from the southwest corner to the
northeast corner of Lot 8 of B E Taylor's Schoolcraft Manor
Subdivision (14001 Henry Ruff) in the West 1/2 of Section 23, the
Council does hereby refer this item to the City Planning
Commission for action and recommendation in accordance with
provisions of law and City ordinance
Councilmember Taylor 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 ORDINANCE" BY ADDING
SECTION 3 THERETO (Petition 00-8-1-16)
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 Brosnan gave first reading to the following
Ordinance
AN ORDINANCE AMENDING SECTION 18 58 OF
ARTICLE XVIII OF ORDINANCE NO 543, AS
AMENDED, KNOWN AND CITED AS "THE CITY OF
LIVONIA ZONING ORDINANCE" (Petition 01-7-6-8)
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
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repeated herein The above Ordinance was placed on the table for consideration
at the next regular meeting
An article from the Livonia Observer newspaper, dated January 27,
2002, re lot split request on property located at 31800 Norfolk submitted by Tim
and Carol McGee, was received and placed on file for the information of the
Council
On a motion by Brosnan, seconded by Dolan, and unanimously
adopted, it was
CR 56-02 RESOLVED, that having considered a communication
from the City Assessor, dated January 10, 2002, approved for
submission by the Mayor, with regard to a request from Tim and
Carol McGee, 31785 Norfolk, Livonia, Michigan 48152, and in
accordance with the provisions of 1967 PA 288, as amended, as
well as Section 18 46 of Ordinance 543, as amended, the Council
does hereby approve of the proposed division of Tax Item No 46
009 99 0056 004 into two parcels, the legal descriptions of which
shall read as follows
PARCEL A
Part of the Northeast 1/4 of Section3, Town 1 South, Range 9 East,
City of Livonia, Wayne County, Michigan, described as beginning at
a point distant North 88° 16'08" West along the North line of Section
3, 1349 05 feet and South 01°55'33" West along the West right-of-
way line of Osmus Avenue (60' wide) 1156 20 feet and North
88°12'15" West 160 00 feet from the Northeast corner of said
Section 3, proceeding thence South 01°55'33" West 140 30 feet;
thence North 88°12'08" West along the North right-of-way line of
Norfolk Avenue (50' wide) 70 23 feet; thence North 01°55'33" East
140 30 feet; thence South 88°12'15" East 70 23 feet to the point of
beginning Containing 9,853 square feet. Subject to all easements
and restrictions of record
PARCEL B
Part of the Northeast '/4 of Section3, Town 1 South, Range 9 East,
City of Livonia, Wayne County, Michigan, described as beginning at
a point distant North 88° 16'08" West along the North line of Section
3, 1349 05 feet and South 01°55'33" West along the West right-of-
way line of Osmus Avenue (60' wide) 1156 20 feet and North
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88°12'15" West 230 23 feet from the Northeast corner of said
Section 3, proceeding thence South 01°55'33" West 140 30 feet;
thence North 88°12'08" West along the North right-of-way line of
Norfolk Avenue (50' wide) 70 23 feet; thence North 01°57'01" East
140 30 feet; thence South 88°12'15" East 70 17 feet to the point of
beginning Containing 9,849 square feet. Subject to all easements
and restrictions of record
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 Letter of Understanding between the City of Livonia and Kue &
Karom Billiards Inc., 27630 Schoolcraft, Livonia, 48150, received on January 25,
2002, re new Entertainment Permit to be held in conjunction with a 2001 Class
C License with Sunday Sales Permit, was received and placed on file for the
information of the Council
On a motion by Taylor, seconded by Brosnan, and unanimously
adopted, it was
CR 57-02 RESOLVED, that having considered a letter from the
Michigan Liquor Control Commission, dated October 16, 2001, and
the report and recommendation of the Chief of Police, dated
January 9, 2002, approved for submission by the Mayor, the
Council does hereby approve of the request from Kue & Karom
Billiards, Inc , for a new Entertainment Permit to be held in
conjunction with a 2001 Class C licensed business with Sunday
Sales Permit, located at 27630 Schoolcraft, Livonia, Michigan
48150, Wayne county; and the City Clerk is hereby requested to
forward a certified copy of this resolution to the Michigan Liquor
Control Commission
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A communication from the Department of Finance, dated January
17, 2002, re delinquent balances on false alarm billings owed by various Arbor
Drug stores in the City of Livonia, was received and placed on file for the
information of the Council
On a motion by Brosnan, seconded by Knapp, and unanimously
adopted, it was
CR 58-02 RESOLVED, that having considered a letter from the
Michigan Liquor Control Commission, dated September 14, 2001,
amended October 29, 2001, and the report and recommendation of
the Chief of Police, dated January 9, 2002, approved for
submission by the Mayor, with regard to an application from Arbor
Drugs, Inc , to transfer location of a 2001 SDM licensed business
from 29553 W Five Mile Road to 29500 Five Mile Road, Livonia,
Michigan 48154, Wayne County, and to include a drive-up window,
the Council does hereby determine that it has no objection to
approval of the said request inasmuch as the same would meet all
local statutory and ordinance requirements, and the City Clerk is
hereby requested to forward a certified copy of this resolution to the
Michigan Liquor Control Commission
On a motion by Taylor, seconded by Brosnan, and unanimously
adopted, it was
CR 59-02 RESOLVED, the Council does hereby refer the
activities of the False Alarm Review Board to the Mayor for his
report and recommendation
An article from the Detroit News newspaper, dated January 30,
2002, re clash between City of Livonia and State of Michigan relative to
payment for sanitary sewer line repair on Plymouth Road near Merriman Road,
was received and placed on file for the information of the Council (CR 770-99
and 726-00)
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An article from the Livonia Observer newspaper, dated January 27,
2002, re the payment of $76,000 by the City of Livonia for repair work on a
sanitary sewer line damaged during the Reconstruction Project on Plymouth
Road, was received and placed on file for the information of the Council (CR
770-99 and 726-00)
On a motion by Brosnan, seconded by Taylor, and unanimously
adopted, it was
CR 60-02 RESOLVED, that having considered the report and
recommendation of the Director of Public Works and the City
Engineer, dated January 3, 2002, which bears the signature of the
Director of Finance and is approved for submission by the Mayor,
regarding additional work required in connection with the
reconstruction of Plymouth Roads between Inkster and Farmington
Roads, previously authorized in Council Resolution 770-99 and
726-00, the Council does hereby deny this request.
A communication from the Department of Law, dated January 11,
2002, - Administrative Response — re proposed ballot language and timeline
necessary to place limited term millage for City-wide Street Replacement and
Repair Program on the August, 2002 election ballot, was received and placed on
file for the information of the Council (CR 791-01)
On a motion by Taylor, seconded by Brosnan, and unanimously
adopted, it was
CR 61-02 WHEREAS, the City of Livonia has 447 miles of
roadways throughout the community that are both residential and
major arteries for traffic flow, and
WHEREAS, the condition of city roads, sidewalks and trees within
the public rights-of-way reflects the overall condition of the city and
has a direct impact on property values, and
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WHEREAS, a well-maintained system of roads and public rights-of-
way reflects a community planning for the future that will continue
to attract new business and residents for the city; and
WHEREAS, the Department of Public Works and Engineering
Division staff have reviewed the conditions of these roads and
public rights-of-way and found substantial deterioration that will
require a regular replacement and repair program in order to
provide safe and acceptable roads and public rights-of-way for
Livonia residents and businesses, and
WHEREAS, the current method of repairing and replacing roads
through special assessment of local residents is deemed
undesirable since the cost of future special assessments is
anticipated to be much higher than in the past and will create a
financial burden for many residents, and
WHEREAS, the Council of the City of Livonia has determined that
in order to properly repair and/or replace roads, sidewalks and
trees within the public rights-of-way, it is necessary to levy and
collect a tax of 0 89 of 1 mill for a limited term of ten years on all
real and personal property subject to taxation in the City of Livonia,
in addition to amounts previously authorized,
NOW THEREFORE, BE IT RESOLVED, that the Council of the City
of Livonia, by a three-fifths (3/5) vote of the members of said
Council and pursuant to the provisions of Section 21 of Act 279 of
the Public Acts of 1909, as amended, does hereby propose that the
Livonia City Charter be amended by changing Section 1 in Chapter
VIII, which changed Section shall read as follows
CHAPTER VIII
GENERAL TAXATION
Section 1 Power to Tax, Tax Limit. The City shall have the power
to annually levy and collect taxes for municipal purposes, but such
levy shall not exceed one-half (1/2) of one (1) per centum of the
assessed value of all real and personal property subject to taxation
in the City; provided, however, that in addition thereto the City shall
have the power to annually levy and collect taxes each year,
commencing on December 1, 1965, in an amount not to exceed
one-tenth (1/10) of one (1) per centum of the assessed value of all
real and personal property subject to taxation in the City for the sole
and exclusive purpose of providing additional revenues for police
protection and law enforcement personnel, equipment, supplies
and facilities of the City; provided further, that in addition thereto,
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the City shall have the power to annually levy and collect taxes
each year commencing on December 1, 1978 in an amount not to
exceed fifteen one-hundredths (15/100) of one (1 ) per centum of
the assessed value of all real and personal property subject to
taxation in the City for the sole and exclusive purpose of providing
additional revenues for fire, police and snow removal personnel,
equipment, supplies and facilities of the City; provided further, that
in addition thereto, the City shall have the power to annually levy
and collect taxes each year commencing on December 1, 1984 in
an amount not to exceed one-tenth (1/10) of one (1) per centum of
the assessed value of all real and personal property subject to
taxation in the City for the sole and exclusive purpose of providing
additional revenues for library personnel, equipment, supplies and
library facilities of the City; provided further, that in addition thereto,
the City shall have the power to annually levy and collect taxes
each year commencing on December 1,1990 in an amount not to
exceed sixty-three one-thousandths (63/1000) of one (1) per
centum of the assessed value of all real and personal property
subject to taxation in the City for the sole purpose of defraying City
expenses and liabilities for the collection and disposal activities
required for curbside recycling and yard waste composting
programs, provided further, that in addition thereto, the City shall
have the power to annually levy and collect taxes each year
commencing on December 1, 1999 in an amount not to exceed
four-fiftieths (4/50) of one (1) per centum of the taxable value of all
real and personal property subject to taxation in the City for the sole
purpose of providing additional revenues for the establishment of a
community recreation center and for recreation personnel,
equipment, supplies, operations and facilities in the City; provided
further, that in addition thereto, the City shall have the power to
annually levy and collect taxes each year for a ten year period
commencing on December 1, 2002 in an amount not to exceed
eighty-nine one-thousandths (89/1000) of one (1) per centum of the
taxable value of all real and personal property subject to taxation in
the City for the sole purpose of providing additional revenues for
repairing or replacing public roads, sidewalks and trees within the
City.
RESOLVED FURTHER, that the provisions of the existing section
of the Charter of the City of Livonia which is altered, abrogated or
affected by this proposal, if adopted, now reads as follows
CHAPTER VIII
GENERAL TAXATION
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Section 1 Power to Tax, Tax Limit. The City shall have the power
to annually levy and collect taxes for municipal purposes, but such
levy shall not exceed one-half (1/2) of one (1) per centum of the
assessed value of all real and personal property subject to taxation
in the City; provided, however, that in addition thereto the City shall
have the power to annually levy and collect taxes each year,
commencing on December 1, 1965, in an amount not to exceed
one-tenth (1/10) of one (1) per centum of the assessed value of all
real and personal property subject to taxation in the City for the sole
and exclusive purpose of providing additional revenues for police
protection and law enforcement personnel, equipment, supplies
and facilities of the City; provided further, that in addition thereto,
the City shall have the power to annually levy and collect taxes
each year commencing on December 1, 1978 in an amount not to
exceed fifteen one-hundredths (15/100) of one (1 ) per centum of
the assessed value of all real and personal property subject to
taxation in the City for the sole and exclusive purpose of providing
additional revenues for fire, police and snow removal personnel,
equipment, supplies and facilities of the City; provided further, that
in addition thereto, the City shall have the power to annually levy
and collect taxes each year commencing on December 1, 1984 in
an amount not to exceed one-tenth (1/10) of one (1) per centum of
the assessed value of all real and personal property subject to
taxation in the City for the sole and exclusive purpose of providing
additional revenues for library personnel, equipment, supplies and
library facilities of the City; provided further, that in addition thereto,
the City shall have the power to annually levy and collect taxes
each year commencing on December 1,1990 in an amount not to
exceed sixty-three one-thousandths (63/1000) of one (1) per
centum of the assessed value of all real and personal property
subject to taxation in the City for the sole purpose of defraying City
expenses and liabilities for the collection and disposal activities
required for curbside recycling and yard waste composting
programs, provided further, that in addition thereto, the City shall
have the power to annually levy and collect taxes each year
commencing on December 1, 1999 in an amount not to exceed
four-fiftieths (4/50) of one (1) per centum of the taxable value of all
real and personal property subject to taxation in the City for the sole
purpose of providing additional revenues for the establishment of a
community recreation center and for recreation personnel,
equipment, supplies, operations and facilities in the City
RESOLVED FURTHER, that the purpose of the proposed
amendment shall be designated on the ballot as follows
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City Charter amendment authorizing City to levy and
collect annually for ten years commencing December
1, 2002, an additional tax not exceeding 0 89 of 1 mill
to provide revenues for repairing or replacing public
roads, sidewalks and trees
RESOLVED FURTHER, that the City Clerk shall forthwith transmit
a copy of the proposed amendment to the Governor of the State of
Michigan for his approval and transmit a copy of the foregoing
statement of purpose of such proposed amendment to the Attorney
General of the State of Michigan for her approval as provided by
law
RESOLVED FURTHER, that the proposed Charter amendment
shall be and the same is ordered to be submitted to the qualified
electors of the City at a Special City Election to be held on August
6, 2002, and the City Clerk is hereby directed to give notice of
election and notice of registration therefor in the manner prescribed
by law and to do all things and to provide all supplies necessary to
submit such proposed Charter amendment to the vote of the
electors as required by law
RESOLVED FURTHER, that Tuesday, August 6, 2002 is hereby
designated as the date for holding a Special Election on the
proposed Charter amendment and question
RESOLVED FURTHER, that the proposed amendment shall be
submitted to the electors in the following form, to wit:
Shall the City Charter be amended for authority to
levy and collect annually for ten years commencing
December 1, 2002, an additional tax not exceeding
0 89 of 1 mill providing revenues for repairing or
replacing public roads, sidewalks and trees in
Livonia? Estimated revenue from 0 89 of 1 mill
would be approximately $3,830,122 when first
levied in 2002
Yes / /
No / /
RESOLVED FURTHER, that the proposed amendment shall be
published in full, together with the existing Charter provisions
altered, abrogated or affected thereby, at least once in the official
newspaper of the City of Livonia at least ten (10) days prior to said
Special City Election to be held on August 6, 2002
33400
RESOLVED FURTHER, that the City Clerk be and is hereby
ordered and directed to post within the voting booths and in the
polling places in which said election is conducted, a verbatim
statement of said proposed amendment and to post and publish
such other notices or copies of the proposed amendment pertaining
to the submission of said amendment in said election as may be
required by law and to do and perform all necessary acts in
connection with such election as may be required by law
A communication from the Engineering Division, dated January 14,
2002, re waiving of annual footage charge relative to the Livonia Public School
Telecommunications Permit, was received and placed on file for the information
of the Council
Minutes of a Public Hearing held on January 9, 2002, re
Telecommunications Permit Application submitted by Livonia Public Schools,
requesting approval for installation of approximately 28 miles of aerial cable to be
located on major roads, local roads and easement areas, was received and
placed on file for the information of the Council (CR 766-01)
On a motion by Knapp, seconded by Brosnan, and unanimously
adopted, it was
CR 62-02 RESOLVED, that having considered a communication
from the Director of Public Works and the City Engineer, dated
November 19, 2001, and the report and recommendation of the
Department of Law, dated November 28, 2001, approved for
submission by the Mayor, with regard to a Telecommunications
Permit Application submitted by Livonia Public Schools, requesting
approval for access to and ongoing use of the public rights-of-way
within the City for a proposed telecommunications system
consisting of approximately twenty-eight miles of aerial cable that
includes 5 75 miles on major roads, 1 ,150 feet on local roads and
the balance within easement areas, as more particularly described
in the attachment to the Permit Application, and the Council having
conducted a public hearing with regard to this matter on
Wednesday, January 9, 2002, pursuant to Council Resolution 766-
01, the Council does hereby approve said application and does
33401
hereby grant a Telecommunications Permit to Livonia Public
Schools subject to the following conditions
1 That within seven (7) days of completion of construction,
permittee shall notify the City Engineer of such completion
Permittee shall also provide "as-built" maps and a digital
Geographic Information System (GIS) layer in Autocad
Format 14 to be compatible with the City's GIS system within
thirty (30) days of the completion of permittee's
telecommunications system in the City;
2 That appropriate construction bonds in amounts established
by the City Engineer shall be posted prior to issuance of a
construction permit; and
3 That permittee's request to waive the application fee and
annual fees for use of the public rights-of-way is hereby
granted based upon the fact that permittee is a non-profit
entity and the facilities installed will be used solely for school
district purposes,
and the Mayor and City Clerk are hereby authorized to affix their
signatures to the Telecommunications Permit to be issued by the
City to Livonia Public Schools
On a motion by Taylor, seconded by Dolan, and unanimously
adopted, it was
CR 63-02 RESOLVED, that having considered a communication
from the Director of Community Resources, dated January 3, 2002,
which bears the signature of the Director of Finance and is
approved for submission by the Mayor, the Council does, for and
on behalf of the City of Livonia, accept the donation of Farmer Jack
gift certificates in the total amount of $500 00 from the Kiwanis
Early Risers to the Community Resources Department to be used
as indicated in the aforesaid communication
On a motion by Taylor, seconded by Brosnan, and unanimously
adopted, it was
CR 64-02 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
33402
Os.n a motion by Brosnan, seconded by Knapp, and unanimously
adopted, it was.
CR 65-02 RESOLVED, that having considered a letter from
Erich J D'Andrea, of Brashear, Tangora, Gallagher, Creighton &
Amann, LLP, dated January 29, 2002, the Council does hereby
take this means to indicate that the Italian American Club of Livonia
Charitable Foundation is recognized as a non-profit organization
operating in the community, and the action herein being taken for
the purpose of affording the Italian American Club of Livonia
Charitable Foundation an opportunity to obtain a charitable gaming
license or registration from the State of Michigan in accordance
with provisions of State statute
On a motion by Vandersloot, seconded by Brosnan, and
unanimously adopted, this 1,457th Regular Meeting of the Council of the City of
Livonia was adjourned at 8 36 p m , January 30, 2002
)L 12ie , 1."
an McCotter, City Clerk