HomeMy WebLinkAboutCOUNCIL MINUTES 2001-04-04 32887
MINUTES OF THE ONE THOUSAND FOUR HUNDRED THIRTY- EIGHTH
REGULAR MEETING OF APRIL 4, 2001
On April 4, 2001, the above meeting was held at the City Hall, 33000 Civic
Center Drive, Livonia, Michigan, and was called to order by the President of the Council
at 8 00 p m Councilmember Duggan delivered the invocation
Roll was called with the following result: Brian Duggan, Joe Laura, Jack
Engebretson, Val I Vandersloot, John Walsh, John Pastor 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;
Mike Slater, Director of Finance, Robert Beckley, Director of Public Works, Joan
McCotter, City Clerk, Linda McCann, Director of Community Resources, Ron Reinke,
Superintendent of Parks & Recreation and Karen Szymula, Director of Legislative
Affairs
On a motion by Duggan, seconded by Pastor, and unanimously
adopted, it was
CR 182-01 RESOLVED, that the minutes of the 1,437th Regular Meeting
of the Council held March 19, 2001 are hereby approved as submitted
During the audience communication portion of the meeting, Arlene Clarke,
18732 Olympia, Redford Township, 48240, spoke to the Council regarding the transfer
of a taxicab license for ABC Cab Co , which is owned by her and her husband, asking
that the license not be approved until the sale of the company has been completed
between them and Mr Robert A. Waite (Agenda Item #3)
Council Vice-President Vandersloot congratulated City Clerk Joan McCotter on the birth
of her granddaughter, Morgan Marie, born on March 30, weighing in at 5 lbs 8 oz., and
measuring 18 inches in length She also offered congratulations to the proud parents of
Morgan, Shellie and Dennis McCotter Dennis is a teacher at Clarenceville Junior High
School in Livonia
Councilmember Pastor asked that prayers be said for Sister Francilene of Madonna
University during her period of illness
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Councilmember Duggan also asked for prayers to be said for the American service
persons who are being detained in China
Council President Brosnan offered condolences to Mayor Kirksey on the death of his
brother, Les, who passed away on March 30, 2001 She also wished a "Happy
Birthday" to her husband, Sean, who celebrated his birthday on Monday, April 2
A communication from the Department of Finance, dated March 1, 2001,
re forwarding various financial statements of the City for the month ending December
31, 2000, was received and placed on file for the information of the Council.
A communication from the Department of Finance, dated March 8, 2001,
re forwarding various financial statements of the City for the month ending January 31,
2001, was received and placed on file for the information of the Council
A communication from the Department of Finance, dated March 20, 2001,
re forwarding various financial statements of the City for the month ending February 28,
2001, was received and placed on file for the information of the Council
A communication from William Barish, 43191 Dalcoma Drive, Suite 6,
Clinton Township, 48038, an attorney representing Robert and Arlene Clarke, present
owners of the ABC Cab Co , requesting Council approval of transfer of a taxicab license
be delayed until the sale of the company from the Clarkes to Robert A. Waite is
completed, was received and placed on file for the information of the Council (Agenda
Item #3)
Background information on the award of bid for the City's 2000 Street Tree
Planting Program, dated February 25, 2000, supplied by the Council office re the 2001
Street Tree Planting Program, was received and placed on file for the information of the
Council (Agenda Item #7)
REVISED PET NO. 32889
A communication from the Rotary Club of Livonia, dated March 30, 2001,
re the use of fund raising monies of the Rotary Club of Livonia, relative to their request
to conduct a carnival in the Wonderland Shopping Center parking lot May 2 - 13, 2001,
was received and placed on file for the information of the Council (Petition 01-1-2-1)
(Agenda Item #16)
A communication from Neumann Smith & Associates, 400 Galleria
Officentre, Suite 555, Southfield, MI 48034, dated March 27, 2001, re size and seating
capacity of the proposed amphitheater at the Livonia Community Recreation Center that
was designed by their firm, was received and placed on file for the information of the
Council (Petition 01-1-8-7) (Agenda Item #19)
Mayor Kirksey thanked the Local Officers Compensation Commission for their hard
work and diligence regarding their recommendations on the salaries of elected officials
(Agenda Item #4)
Councilmember Duggan spoke to the matter of Bai-Lynn Play Field, and suggested that
other sites in Livonia be looked at for a park site, and asked Parks and Recreation to
look at the Bai-Lynn Play Field to see what could be done to make it more like a park.
(Agenda Item #21)
On a motion by Duggan, seconded by Pastor, it was
CR 183-01 RESOLVED, that having considered an application from
Paul Tootikian, 28631 Grandon, dated March 19, 2001, requesting
permission to close Grandon, between Harrison and Brentwood, on
Saturday, June 9, 2001, from 2 00 pm to 10 00 pm for the purpose of
conducting a block party, the Council does hereby grant permission as
requested, including therein permission to conduct the said affair on
Sunday, June 10, 2001, in the event of inclement weather, the action
taken herein being made subject to the approval of the Police Department.
CR 184-01 RESOLVED, that having considered a letter from Barbara
Swiech and Debby Ferris, on behalf of the Stevenson High School
Booster Club, dated March 14, 2001, which requests permission to
display wire signs advertising the Stevenson High School Spring craft
show to be conducted on Saturday, March 31, 2001, and a Fall craft
show to be conducted on Saturday, November 3, 2001, which signs are
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to be installed no earlier than Saturday, March 24, 2001, and removed no
later than Sunday, April 1, 2001, for the Spring craft show and installed
no earlier than Saturday, October 27, 2001, and removed no later than
Sunday, November 4, 2001, for the Fall craft show, at the following
locations
2 Signs - 8 Mile and 1-275 2 Signs - 6 Mile and Haggerty
1 Sign - 8 Mile and Newburgh 2 Signs -6 Mile and 1-275
1 Sign - 8 Mile and Gill 2 Signs - 6 Mile and Laurel Park
2 Signs - 8 Mile and Merriman 2 Signs -6 Mile and Newburgh
2 Signs - 8 Mile and Middlebelt 2 Signs -6 Mile and Levan
1 Sign - 7 Mile and Inkster 2 Signs - 6 Mile and Wayne
2 Signs - 7 Mile and Middlebelt 2 Signs -6 Mile and Farmington
2 Signs - 7 Mile and Merriman 2 Signs - 6 Mile and Merriman
2 Signs - 7 Mile and Farmington 2 Signs -6 Mile and Middlebelt
2 Signs - 7 Mile and Wayne 1 Sign - 6 Mile and Inkster
2 Signs - 7 Mile and Newburgh 1 Sign - 5 Mile and Inkster
3 Signs - 7 Mile and 1-275 2 Signs - 5 Mile and Middlebelt
1 Sign - Newburgh and Pembroke 2 Signs - 5 Mile and Merriman
2 Signs - 7 Mile and Haggerty 2 Signs - 5 Mile and Farmington
2 Signs - Joy and Newburgh 2 Signs - 5 Mile and Levan
1 Sign - Stark and Farmington 2 Signs - 5 Mile and Newburgh
2 Signs - 5 Mile and Haggerty
And along the 1-96 service drive as follows
Eastbound 1 sign each at Newburgh, Levan, Farmington, Merriman,
filo Middlebelt, and Inkster
Westbound 1 sign each at Inkster, Middlebelt, Merriman, Farmington,
Stark, Levan, and Newburgh
The Council does hereby grant and approve this request in the manner
and form herein submitted
CR 185-01 RESOLVED, that having considered a communication from
the City Clerk, dated March 19, 2001, submitting an application for license
to operate a taxicab company in the City of Livonia requested by Robert A.
Waite, 9579 Brookville Road, Plymouth, Michigan 48170, the Council does
hereby refer this subject to the Department of Community Resources and
the Police Chief for a report and recommendation
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A communication from the Office of the City Clerk, dated March 16, 2001,
re determination of the salaries of elected officials by the Local Officers Compensation
Commission, was received and placed on file for the information of the Council
A communication from the Department of Finance, dated March 6, 2001,
re annual investment policy for the fiscal year ended November 30, 2000, was
received and placed on file for the information of the Council
CR 186-01 RESOLVED, that having considered the report and
recommendation of the Director of Community Resources, dated March
15, 2001, which bears the signature of the Director of Finance and is
approved for submission by the Mayor, the Council does hereby accept
the unit bid price of Dearborn Lithograph, Inc , 12380 Globe, Livonia,
Michigan 48150, for printing the 16 page publication of the City
Newsletter to be published four times a year, for the price of $5,647 00
per publication, for a two year period from March, 2001, through March,
2003, FURTHER, the Council does hereby determine the aforesaid bid to
be a better bid than the bid submitted by Kimcraft Printers since Dearborn
Lithograph, Inc is a City-based firm entitled to an equalization
percentage credit, and the action taken herein being made in accordance
with Section 3 04 140E of the Livonia Code of Ordinances, as amended
CR 187-01 RESOLVED, that having considered the report and
recommendation of the Superintendent of Public Service and the Director
of Public Works, dated March 7, 2001, which bears the signature of the
Director of Finance and is approved for submission by the Mayor, the
Council does hereby accept the unit price bid of Greenscape, P 0 Box
133, Lake, Michigan 48632, for completing all work required in connection
with the City's 2001 Street Tree Planting Program for the estimated total
cost of $20,550 00, based upon the Public Service Division's estimate of
units involved, and subject to final payment based upon the actual units
completed in accordance with the unit prices accepted herein, said
estimated cost and unit prices having been in fact the lowest bid received
for this item, and the Director of Public Works is hereby authorized to
approve minor adjustments in the work as it becomes necessary; and the
Mayor and City Clerk are hereby authorized to execute a contract for and
on behalf of the City of Livonia with the aforesaid bidder and to do all other
things necessary or incidental to the full performance of this resolution
CR 188-01 RESOLVED, that having considered a communication from
the Superintendent of Parks and Recreation, dated March 16, 2001, which
bears the signature of the Director of Finance and is approved for
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submission by the Mayor, wherein it is requested that fees be established
for the driving range at Whispering Willows Golf Course, the Council does
hereby take this means to approve of and concur in such action and does
hereby establish the following fees for buckets of range balls
Small bucket of golf balls $2 75
Medium bucket of golf balls $4 75
Large bucket of golf balls $6 75
CR 189-01 RESOLVED, that the Council does hereby refer the matter of
a change in policy or finance procedures to allow the Administration
instead of the City Council to set fees for golf courses to the Legislative
Committee and Administration for a report and recommendation
CR 190-01 RESOLVED, that having considered the report and
recommendation of the Director of Public Works and the City Engineer,
dated March 5, 2001, which bears the signature of the Director of
Finance, is approved by the Superintendent of Parks and Recreation and
approved for submission by the Mayor, the Council does hereby accept
the unit price bid of Cedroni Associates, Inc., 5639 Auburn Road, Utica,
Michigan 48317, for completing all work required for the Greenmead
Soccer Field Comfort Station and Bleachers (Contract 01-H) for the
estimated total cost of $192,863 00 based upon the Engineering
Division's estimate of units involved, and subject to a final payment based
upon the actual units completed in accordance with the unit prices
accepted herein, said estimated cost and unit prices having been in fact
the lowest bid received for this item, FURTHER, the Council does hereby
appropriate and authorize an expenditure in the amount of $192,863 00
from the Land Improvement Account No 208-756-974-000 for this
purpose, FURTHER, the Council does hereby authorize a transfer in the
amount of $192,863 00 from the Unexpended Fund Balance of the
Community Recreation Fund 208 to the Land Improvement Account No
208-756-974-000, and the Director of Public Works is hereby authorized
to approve minor adjustments in the work as it becomes necessary; and
the Mayor and City Clerk are hereby authorized to execute a contract for
and on behalf of the City of Livonia with the aforesaid bidder and to do all
other things necessary or incidental to the full performance of this
resolution
CR 191-01 RESOLVED, that having considered the report and
recommendation of the Director of Public Works and the City Engineer,
dated March 6, 2001, which bears the signature of the Director of Finance
and is approved for submission by the Mayor, the Council does hereby
accept the unit price bid of R S Contracting, Inc , 16737 Thirteen Mile
Road, Fraser, Michigan 48026, for completing all work required in
connection with the 2001 Lane Line Marking Program (Contract 01-C) for
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the estimated total cost of $56,459 60, based on the Engineering
Division's estimate of units involved, and subject to a final payment based
upon the actual units completed in accordance with the unit prices
accepted herein, said estimated cost and unit prices having been in fact
the lowest and only bid received and meets specifications, FURTHER, the
Council does hereby authorize an expenditure in the amount of
$51,000 00 from funds already budgeted in Account No 202-463-818-118
(Major Roads Lane Line Marking) for this purpose, FURTHER, the Council
does hereby authorize an additional appropriation and expenditure in the
amount of $3,509 60 from Account No 202-463-818-118 (Major Roads
Lane Line Marking) for this purpose, FURTHER, the Council does hereby
authorize an additional appropriation and expenditure in the amount of
$1,950 00 from Account No 203-463-818-118 (Local Roads Lane Line
Marking) for this purpose, and the Director of Public Works is hereby
authorized to approve minor adjustments in the work as it becomes
necessary; and the Mayor and City Clerk are hereby authorized, for and
on behalf of the City of Livonia, to execute a contract with the aforesaid
bidder and to do all other things necessary or incidental to the full
performance of this resolution
CR 192-01 RESOLVED, that having considered the report and
recommendation of the Director of Public Works and the City Engineer,
dated March 5, 2001, which bears the signature of the Director of Finance,
is approved by the Superintendent of Parks and Recreation and the
Housing Director, and is approved for submission by the Mayor, the
Council does hereby approve a one-year extension of the current
agreement with Hard Rock Concrete, Inc., 38146 Abruzzi Drive, Westland,
Michigan 48185, for completing all work required in connection with the
2001 Sidewalk Program at the unit prices bid in February of 2000 for a
total amount not to exceed $295,501 00 based upon the Engineering
Division's estimate of units involved, and subject to a final payment based
upon the actual units completed in accordance with the unit prices
accepted herein, FURTHER, the Council does hereby authorize an
advance in the amount of $195,000 00 (single lot assessment portion of
the program) from the General Obligation Road Improvement Bond Issue
with the provision that this bond issue be reimbursed from that portion of
the project which is to be financed by special assessment at such time as
funds are subsequently received from the payment of bills and
assessments by affected property owners, FURTHER, the Council does
hereby appropriate and authorize an expenditure in the additional amount
of $65,000 00 from the Michigan Transportation Fund ($55,000 00 from
the Local Road Account and $10,000 00 from the Major Road Account) to
pay for the City's portion of this contract, FURTHER, the Council does —
hereby authorize an expenditure in the amount of $29,801 00 from funds
previously budgeted in Account No 101-717-987-000 ($3,366 00 - Capital
Outlay Recreation Program), Account No 101-710-987-000 ($5,200 00 -
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Capital Outlay Botsford Pool) and Account No 101-721-987-000
($21,235 00 - Capital Outlay Clements Circle Pool), FURTHER, the
Council does hereby authorize funds in the amount of $5,700 00 to be
billed to the Livonia Housing Commission for work at McNamara Towers,
FURTHER, the Council does hereby authorize such action without
competitive bidding for the reasons indicated in the aforesaid
communication, and such action is taken in accordance Section
3 04 140D4 of the Livonia Code of Ordinances, as amended, and the
Director of Public Works is hereby authorized to approve minor
adjustments in the work as it becomes necessary; and the Mayor and City
Clerk are hereby authorized to execute a contract for and on behalf of the
City of Livonia with the aforesaid bidder and to do all other things
necessary or incidental to the full performance of this resolution
CR 193-01 RESOLVED, that having considered the report and
recommendation of the City Engineer, dated March 7, 2001, approved for
submission by the Mayor, regarding replacement and/or construction of
new sidewalks in the City of Livonia pursuant to the 1998 Sidewalk Repair
Program at the locations and in the amounts indicated in the attachment to
the aforesaid communication, which work was done pursuant to Council
Resolution No 410-98 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 Monday, June 4, 2001, 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 194-01 RESOLVED, that having considered the report and
recommendation of the City Engineer, dated March 7, 2001, approved for
submission by the Mayor, regarding replacement and/or construction of
new sidewalks in the City of Livonia pursuant to the 2000 Sidewalk Repair
Program at the locations and in the amounts indicated in the attachment to
the aforesaid communication, which work was done pursuant to Council
Resolution No 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 Monday, June 4, 2001, at 8 00 p m at the Livonia City Hall,
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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 195-01 RESOLVED, that having considered a communication from
the City Planning Commission, dated March 7, 2001, which transmits its
resolution 2-34-2001, adopted on February 27, 2001, with regard to
Petition 99-4-2-13, submitted by Phoenix Land Development Corporation,
requesting waiver use approval to construct a planned residential
development (Rosedale Town Square) on property located on the east
side of Farmington Road, north of Plymouth Road, in the Southwest 1/4 of
Section 27, which property is currently zoned C-2 and M-1 and proposed
to be rezoned to R-8C, the Council does hereby refer the subject of
whether the City Council can condition the Master Deed to allow for no
units to be other than owner-occupied to the Department of Law for its
report and recommendation
CR 196-01 RESOLVED, that having considered a communication from
the City Planning Commission, dated March 7, 2001, which transmits its
resolution 2-34-2001, adopted on February 27, 2001, with regard to
Petition 99-4-2-13, submitted by Phoenix Land Development Corporation,
requesting waiver use approval to construct a planned residential
development (Rosedale Town Square) on property located on the east
side of Farmington Road, north of Plymouth Road, in the Southwest 1/4 of
Section 27, which property is currently zoned C-2 and M-1 and proposed
to be rezoned to R-8C, the Council does hereby refer this matter to the
Committee of the Whole for its report and recommendation
CR 197-01 RESOLVED, that having considered a communication from
the City Planning Commission, dated March 7, 2001, which transmits its
resolution 2-35-2001, adopted on February 27, 2001, with regard to
Petition 00-11-2-34, submitted by Pugh Shows, Inc , requesting waiver
use approval to conduct a carnival sponsored by the Livonia Mall
Merchants Association consisting of amusement rides, games and food
concessions from April 12, 2001, through April 22, 2001, inclusive, in the
parking lot of the Livonia Mall located on the north side of Seven Mile
Road between Middlebelt Road and Purlingbrook Road in the Southeast
1/4 of Section 2, which property is zoned C-2, the Council does hereby
concur in the recommendation made by the City Planning Commission
and Petition 00-11-2-34 is hereby approved and granted, subject to the
following conditions
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1 That the carnival shall be limited to the dates as specified by Pugh
Shows, Inc , which are April 12, 2001, through April 22, 2001,
inclusive,
2 That the proposed carnival operation shall be confined to the area
as illustrated on the site plan submitted with this request;
3 That all rides, food concessions, booths and all other equipment
and apparatus relating to the operation of the carnival shall be
located at least 60 feet distant from the Seven Mile Road right-of-
way line,
4 That all trucks and other transportation equipment shall be parked
or stored within the northwesterly portion of the Livonia Mall parking
lot, but no closer than 100 feet from the west property line abutting
the Ziegler Place site or 250 feet from the south property line
abutting Hunters Brook Condominiums,
5 That there shall be no motors running on the stored trucks during
late hours, especially between 11 00 p m to 7 00 a m , including
motors on any refrigeration trucks,
6 That there shall be no living quarters at the location of the stored
trucks,
7 That the hours of operation of the carnival shall be as stated in a
letter dated October 28, 2000, from James K Wegerly, President of
Pugh Shows, Inc , which have been approved by the Police
Department, and
8 That access to fire hydrants shall be provided for the Fire
Department.
CR 198-01 RESOLVED, that having considered a communication from
the City Planning Commission, dated March 7, 2001, which transmits its
resolution 2-36-2001, adopted on February 27, 2001, with regard to
Petition 01-1-2-1, submitted by Jeff Williams of Playworld Amusements,
requesting waiver use approval to conduct a carnival sponsored by the
Livonia Rotary Club consisting of amusement rides, games and food
concessions to be held from May 2 through May 13, 2001, inclusive, in the
parking lot of the Wonderland Mall located on the south side of Plymouth
Road between Middlebelt Road and Milburn Avenue in the Northeast 1/4
of Section 35, which property is zoned C-2, the Council does hereby
concur in the recommendation made by the City Planning Commission
and Petition 01-1-2-1 is hereby approved and granted, subject to the
following conditions
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1 That the carnival shall be limited to the dates as specified by
Playworld Amusements, which are May 2, 2001, through May 13,
2001, inclusive,
2 That the proposed carnival operation shall be confined to the area
as illustrated on the site plan submitted with this request;
3 That all rides, food concessions, booths and all other equipment
and apparatus relating to the operation of the carnival shall be
located at least 60 feet distant from the Plymouth Road right-of-way
line,
4 That all trucks and other transportation-related vehicles and
equipment shall be parked or stored within the southwesterly
portion of the Wonderland Mall parking lot, but no closer than 200
feet from the adjacent residential properties to the south,
5 That there shall be no motors running on the stored trucks during
late hours, especially between 11 00 p m to 7 00 a m , including
motors on any refrigeration trucks,
6 That there shall be no living quarters within the carnival site,
7 That the hours of operation of the carnival shall be as stated in a
letter dated December 28, 2000, from Jeff Williams, Routing
Director of Playworld Amusements, which have been approved by
the Police Department, and
8 That unobstructed access to any hydrants within the carnival area
shall be provided for the Fire Department.
CR 199-01 RESOLVED, that having considered a communication from
the City Planning Commission, dated March 7, 2001, which transmits its
resolution 2-37-2001, adopted on February 27, 2001, with regard to
Petition 01-1-2-2, submitted by Perry Drug Stores, Inc , d/b/a Rite Aid
Pharmacy, requesting waiver use approval to expand the use of an SDM
license within an existing building located on the north side of Seven Mile
Road between Farmington Road and Norwich Road in the Southeast 1/4
of Section 4, which property is zoned C-2, the Council does hereby concur
in the recommendation made by the City Planning Commission and
Petition 01-1-2-2 is hereby approved and granted, FURTHER, the Council
does hereby waive the 500 foot separation requirement as set forth in
Section 11 03(r)(1) of Zoning Ordinance No 543
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CR 200-01 RESOLVED, that having considered a communication from
the City Planning Commission, dated March 7, 2001, which transmits its
resolution 2-38-2001, adopted on February 27, 2001, with regard to
Petition 01-1-2-3, submitted by Xing Shou Wang, requesting waiver use
approval to renovate the interior of a leasing unit in an existing plaza to
establish a fast-food Chinese restaurant (Panda Restaurant) on property
located on the north side of Schoolcraft Road between Inkster Road and
Cardwell Avenue in the Southeast 1/4 of Section 24, which property is
zoned C-2, the Council does hereby concur in the recommendation made
by the City Planning Commission and Petition 01-1-2-3 is hereby
approved, subject to the following conditions
1 That the subject restaurant is hereby approved as a full service
restaurant with the stipulation that the number of customer seats
shall be limited to no more than 40 seats, and
2 That the accessibility and barrier-free issues referred to in the
correspondence dated February 7, 2001 from the Inspection
Department shall be resolved to that department's satisfaction
CR 201-01 RESOLVED, that having considered a communication from
the City Planning Commission, dated March 1, 2001, which transmits its
resolution 2-28-2001 adopted on February 27, 2001, with regard to
Petition 01-1-8-7 submitted by the City of Livonia, requesting site plan
approval in connection with a proposal to construct a new community
recreation facility on property located at 15100 Hubbard Road in the
Northeast 1/4 of Section 22, the Council does hereby concur in the
recommendation of the Planning Commission and Petition 01-1-8-7 is
hereby approved and granted, subject to the following conditions
1 That the Site Plan dated February 23, 2001, as revised, prepared
by Neumann Smith & Associates, is hereby approved and shall be
adhered to, and
2 That the Schematic Design, dated March 26, 2001, submitted by
Neumann/Smith & Associates, is hereby approved and shall be
adhered to
CR 202-01 RESOLVED, that having considered a letter from Meagan
Yuchas, received at the Study Meeting of March 26, 2001, requesting a
traffic study at the intersection of Joy and Newburgh Roads to improve the
flow of traffic in this area, the Council does hereby refer this matter to the
Mayor and the Traffic Commission for a report and recommendation
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CR 203-01 RESOLVED, that having considered a request from
Councilmember Brian Duggan, the Council does hereby refer the matter of
re-naming the Bai-Lynn Play Field to the "Robert McCann Memorial Park"
to the Mayor for a report and recommendation
CR 204-01 RESOLVED, that the Council having adopted resolution 646-
00 at its regular meeting held on August 30, 2000, requiring the City
Engineer to ascertain the assessed valuation of all property affected by
the proposed street improvement of Stamford Avenue, north of
Schoolcraft Road, in the Southeast 1/4 of Section 21, T 1 S , R. 9 E , City
of Livonia, Wayne County, Michigan, the number of parcels which show
tax delinquencies, the number of parcels owned by public authorities, the
number of parcels which are vacant, and having prepared and caused to
be prepared plans and specifications therefor and an estimate for 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, and it appearing to the Council that all of such
information, estimate, plans, specifications and recommendations have
been properly filed by the City Engineer with the City Clerk under date of
March 19, 2001, and that there has been a full compliance with all of the
provisions of Section 3 08 060 of the Livonia Code of Ordinances, as
amended, the Council does hereby set Wednesday, May 9, 2001, at TOO
p m as the date and time for a Public Hearing on the necessity for such
proposed improvement which Public Hearing shall be held before the
Council in the Livonia City Hall, 33000 Civic Center Drive, Livonia,
Michigan, pursuant to Section 3 08 070 of said Livonia Code of
Ordinances, as amended, and the City Clerk is hereby authorized to give
notice and publication of such hearing as is required by Section 3 08 070
of said Code
A roll call vote was taken on the foregoing resolutions with the following
result:
AYES Duggan, Laura, Engebretson, Vandersloot, Walsh, Pastor and
Brosnan
NAYS None
A communication from the Department of Parks and Recreation, dated
March 15, 2001, - Administrative Reply — re a sewer be extended up the vacated
Brookfield Avenue north from Clarita relative to a request from Estate Millcreek L.L.0 to
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grant a sanitary sewer easement over City-owned property located on the south side of
Seven Mile Road, East of Brookfield Avenue, such recommendation being made as to
provide for the least invasion through the City's nature preserve, was received and
placed on file for the information of the Council (CR 807-00)
On a motion by Duggan, seconded by Laura, and unanimously adopted, it
was.
CR 205-01 RESOLVED, that having considered the report and
recommendation of the Water, Sewer and Waste Committee, dated March
21, 2001, submitted pursuant to Council Resolution 808-00, and having
considered a communication from the Planning Director, dated October
23, 2000, to which is attached a request from Estate Millcreek L L C ,
dated October 20, 2000, requesting that the City grant a sanitary sewer
easement over City-owned property located on the south side of Seven
Mile Road, east of Brookfield Avenue, in the Northwest 1/4 of Section 10,
the Council does hereby refer the matter of the history of cost allocation
for the installation of sewers and the estimated cost for the installation of
sewers along Brookfield and through Rotary Park to the Director of Pubic
Works for a report and recommendation
On a motion by Duggan, seconded by Vandersloot, and unanimously
adopted it was
CR 206-01 RESOLVED, that having considered the report and
recommendation of the Water, Sewer and Waste Committee, dated March
21, 2001, submitted pursuant to Council Resolution 44-99, with respect to
the Stormwater Management project, the Council does hereby refer the
matter of available funds for updates to the Stormwater Management
System to the Director of Finance for a report and recommendation
On a motion by Duggan, seconded by Laura, and unanimously adopted,
it was
CR 207-01 RESOLVED, that having considered the report and
recommendation of the Water, Sewer and Waste Committee, dated March
21, 2001, submitted pursuant to Council Resolution 44-99, with respect to
the Stormwater Management project, the Council does hereby endorse
THE DRAFT UPPER ROUGE RIVER SUBWATERSHED MANAGEMENT
PLAN dated February, 2001, and THE DRAFT MIDDLE-3 ROUGE RIVER
SUBWATERSHED MANAGEMENT PLAN dated March, 2001,
FURTHER, the Council does hereby determine that the City shall act
32901
diligently to develop its Stormwater Pollution Prevention Initiative and shall
continue to implement its Public Education Plan and Illicit Discharge
Elimination Plan in accordance with the Municipal Stormwater Voluntary
11110 General Permit requirements
A communication from the Public Service Division, dated April 3, 2001, re
amendments to the Contract relative to the Stormwater Management Study being
conducted in a joint venture by Orchard, Hiltz & McCliment, Inc , and Hubbell, Roth &
Clark, Inc., including 6 requested resolutions by Council which amend the scope of
services on the current contract, was received and placed on file for the information of
the Council
On a motion by Duggan, seconded by Vandersloot, and unanimously
adopted, it was
CR 208-01 RESOLVED, that having considered the report and
recommendation of the Water, Sewer and Waste Committee, dated March
21, 2001, submitted pursuant to Council Resolution 44-99, with respect to
the Stormwater Management project, the Council does hereby approve
the changes to the Scope of Services for the Stormwater Management
Study Contract between the City of Livonia and the Joint Venture of
Hubbell, Roth & Clark, Inc., 555 Hulet Drive, Bloomfield Hills, Michigan
48303, and Orchard, Hiltz & McCliment, Inc , 34935 Schoolcraft Road,
Livonia, Michigan 48150, and does hereby authorize an amendment to the
contract by expanding the scope of services to be performed as described
in the letter from the Joint Venture dated December 8, 2000, FURTHER,
the Council does hereby appropriate and authorize the expenditure of a
sum not to exceed $142,653 86 from the Unexpended Fund Balance of
the Water and Sewer Fund (592) for this purpose, FURTHER, any federal
grant funds received for eligible work completed under the Stormwater
Management Study will be returned to the Water and Sewer Fund, and the
Mayor and City Clerk are hereby authorized to execute an amendment to
the existing contact, for and on behalf of the City of Livonia, with the
aforesaid Joint Venture, subject to approval as to form by the Department
of Law, and to do all things necessary or incidental to the full performance
of this resolution
On a motion by Duggan, seconded by Vandersloot, and unanimously
adopted, it was
32902
CR 209-01 RESOLVED, that having considered the report and
recommendation of the Water, Sewer and Waste Committee, dated March
21, 2001, submitted pursuant to Council Resolution 44-99, the Council
does hereby approve the changes to the Scope of Services for the CSO
Control Project Contract between the City of Livonia and the Joint Venture
of Hubbell, Roth & Clark, Inc., 555 Hulet Drive, Bloomfield Hills, Michigan
48303, and Orchard, Hiltz & McCliment, Inc., 34935 Schoolcraft Road,
Livonia, Michigan 48150, previously authorized in Council Resolution 80-
93, and does hereby authorize an amendment to the Contract by
expanding the Scope of Services to be performed as described in the
letter from the Joint Venture dated March 7, 2001, FURTHER, the Council
does hereby appropriate and authorize the expenditure of a sum not to
exceed $66,510 14 from the Unexpended Fund Balance of the Water and
Sewer Fund (592) for this purpose, FURTHER, any federal grant funds
received for eligible work completed under this project will be returned to
the Water and Sewer Fund, and the Mayor and City Clerk are hereby
authorized to execute an amendment to the existing contract, for and on
behalf of the City of Livonia, with the aforesaid Joint Venture, subject to
approval as to form by the Department of Law, and to do all things
necessary or incidental to the full performance of this resolution
On a motion by Duggan, seconded by Vandersloot, and unanimously
adopted, it was
CR 210-01 RESOLVED, that having considered the report and
recommendation of the Water, Sewer and Waste Committee, dated March
21, 2001, submitted pursuant to Council Resolution 44-99, with respect to
the Stormwater Management project, the Council does hereby authorize
the Joint Venture of Hubbell, Roth & Clark, Inc , 555 Hulet Drive,
Bloomfield Hills, Michigan 48303, and Orchard, Hiltz & McCliment, Inc.,
34935 Schoolcraft Road, Livonia, Michigan 48150, to proceed with the
detailed design and preparation of plans and specifications for the
SUNSET HILLS SEWER RELIEF PROJECT in accordance with the letter
from the Joint Venture dated October 16, 2000, FURTHER, the Council
does hereby appropriate and authorize the expenditure of a sum not to
exceed $29,360 00 from the Water and Sewer Fund Revenue Bond of
2000 for this purpose, FURTHER, any federal grant funds received for
eligible work completed under the Stormwater Management Study will be
returned to the Water and Sewer Fund, and the Mayor and City Clerk are
hereby authorized to execute an amendment to the existing contract, for
and on behalf of the City of Livonia, with the aforesaid Joint Venture
subject to approval as to form by the Department of Law, and to do all
things necessary or incidental to the full performance of this resolution
fist
32903
A communication from Stanley Dziendziel,37226 Bretton, 48152, dated March
22, 2001, re unresolved flooding issues at his home in Sunset Hills Subdivision, was received
and placed on file for the information of the Council
Councilmember Duggan left the podium at 8 25 p m due to a conflict of interest.
Councilmember Laura gave first reading to the following Ordinance
AN ORDINANCE AMENDING SECTION 4 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 00-10-1-20)
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 Duggan returned to the podium at 8 26 p m
On a motion by Engebretson, seconded by Vandersloot, and unanimously
adopted, it was
CR 211-01 RESOLVED, that having considered the report and
recommendation of the Superintendent of Parks and Recreation, as
modified, dated March 14, 2001, which bears the signature of the Director
of Finance and is approved for submission by the Mayor, which transmits
resolution 2545-01, adopted by the Parks and Recreation Commission on
February 13, 2001, regarding proposed policy changes in Senior and
Junior play schedules, a new Rain Check Policy at the City golf courses,
and the creation of an additional capital improvement fund for
maintenance equipment, the Council does hereby concur in the
recommendation of the Parks and Recreation Commission and the
following policy changes in Senior and Junior Play Schedules, as well as
the new rain check policy, are hereby approved
A. Senior Golf
Wednesday shall be added to the Livonia Senior Rate schedule at
Whispering Willows and Fox Creek golf courses In addition, the
32904
senior play schedule will end at 12 00 pm at Whispering Willows
and Fox Creek golf courses
Junior Golf
The Livonia Junior Rate schedule shall be expanded in order to
accommodate two levels of junior golf
The current structure that allows play one day per week at each course
will be Level One Level One junior golfer's will be Livonia Residents that
have passed an etiquette and general instruction class Corresponding
Level One Junior Days are below
Idyl Wyld Monday until 2.00 pm
Whispering Willows Tuesday until 11.00 am
Fox Creek. Thursday until 11.00 am
The Level Two rate schedule will be restricted to those junior golfers that
have proven their knowledge of golf etiquette along with their ability to
maintain the proper pace of play These individuals will be permitted to
play golf during the schedule below
Idyl Wyld
Fox Creek. Monday - Thursday until 11 00 am
Whispering Willows
Monday- Thursday until 11 00 am
Monday - Thursday until 11 00 am
Note The availability of the Livonia Junior Rate schedule corresponds
with the Livonia Public School class schedule If the children are not in
school, the above junior rates apply
City of Livonia - Golf Division
Rain Check Conversion Rates
NVEEKDAY RATES WEEKEND RATES
RESIDENT NON-RESIDENT RESIDENT NON-RESIDENT
SR/JR SR/JR9 18 9 18 9 18 9 18
NUMBER 01; HOLES HOLES 9 18
HOLES HOLES HOLES HOLES HOLES HOLES
HOLES PLAYED HOLES HOLES
$13.00 $18.00 $6.25 $10.50 $17.00 $24.50 $15.00 $21.00 $18.50 $26.50
Rain Check Value Rain Check Value Rain Check Value Rain Check Value Rain Check Value
32905
1 $12.00 $17 00 $6.00 $8.50 $14 00 $21.25 $12.00 $19 75 $16 00 $25.50
2 $10.50 $16 00 $5.25 $8 00 $12.25 $20 00 $10.50 $18.75 $14 00 $24 00
3 $9 00 $15 00 $4.50 $7.50 $10.50 $18 75 $9 00 $17 75 $12.00 $22.50
4 $7.50 $14 00 $3 75 $7 00 $8.75 $17.50 $7.50 $16.50 $10 00 $21.00
5 $6.00 $13 00 $3 00 $6.50 $7 00 $16.25 $6.00 $15 75 $8.00 $19.50
6 $4.50 $12.00 $2.25 $6.00 $5.25 $15 00 $4.50 $14.25 $6.00 $18.00
7 $3 00 $11 00 $1.50 $5.50 $3.50 $13 75 $3 00 $13 00 $4 00 $16.50
8 $1.50 $10 00 $0 75 $5 00 $1 75 $12.50 $1.50 $12.00 $2.00 $15 00
9 $0 00 $9 00 $0 00 $4.50 $0 00 $11.25 $0 00 $11.50 $0 00 $13.50
10 $0 00 $8.00 $0 00 $4 00 $0 00 $10.00 $0 00 $10.50 $0 00 $12.00
11 $0 00 $7 00 $0 00 $3.50 $0 00 $8 75 $0 00 $8.75 $0.00 $10.50
12 $0 00 $6 00 $0 00 $3 00 $0 00 $7.50 $0 00 $7 00 $0 00 $9 00
13 $0 00 $5 00 $0 00 $2.50 $0 00 $6.25 $0 00 $6.50 $0 00 $7.50
14 $0 00 $4 00 $0 00 $2.00 $0 00 $5 00 $0 00 $5 00 $0 00 $6.00
15 $0 00 $3 00 $0 00 $1.50 $0 00 $3 75 $0 00 $3.50 $0 00 $4.50
16 $0 00 $2.00 $0 00 $1 00 $0 00 $2.50 $0 00 $2.50 $0 00 $3 00
Lit17 $0 00 $1 00 $0 00 $0.50 $0 00 $1.25 $0 00 $1.50 $0 00 $1.50
18 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00
On a motion by Engebretson, seconded by Walsh, and unanimously
adopted, it was
CR 212-01 RESOLVED, that the Council does hereby refer the matter of
establishing a plan to charge reduced greens fees and cart rates to non-
resident senior citizens, who are playing along with resident senior citizens
and utilizing the City's Municipal Golf Courses, to the Mayor for a report
and recommendation
On a motion by Walsh, seconded by Duggan, and unanimously adopted, it
was
CR 213-01 RESOLVED, the Council does hereby refer the matter of
establishing an additional Capital improvement Fund for maintenance
equipment at the golf courses to the Capital Improvement Committee for a
L report and recommendation
On a motion by Pastor, seconded by Walsh, and unanimously adopted, it
32906
was
CR 214-01 RESOLVED, that having considered the report and
recommendation of the Planning Director, dated March 19, 2001, which
bears the signature of the Director of Finance and is approved for
submission by the Mayor, and correspondence from Russell Design,
dated March 30, 2001, the Council does hereby accept the bid of Albaugh
Masonry, Stone & Tile, Inc., 4422 Clintonville Road, Waterford, Michigan
48329, for installing five (5) signs, with a maximum height of six (6') feet,
at the City of Livonia Civic Center, which are in the total amount of
$47,939.22, the same having been in fact the lowest bid received and
meets all specifications, and the Director of Public Works is hereby
authorized to approve minor adjustments in the work as it becomes
necessary; FURTHER, the Council does hereby appropriate and authorize
an expenditure in the amount of $17,273.22 from the Unexpended Fund
Balance of the Capital Projects Fund (401) for this purpose with the
balance in the amount of $30,666 00 to be funded by the 16th District
Court Voluntary Work Program, and the Mayor and City Clerk are hereby
authorized, for and on behalf of the City of Livonia, to execute a contract
with the aforesaid bidder and to do all other things necessary or incidental
to the full performance of this resolution
A communication from the Planning Department, dated March 27, 2001,
re the height of existing and proposed Civic Center signs, was received and filed for
the information of the Council
A communication from Russell Design, 108 N Center Street, Suite 204,
Northville, 48157, dated March 30, 2001, re informing Albaugh Masonry Stone and
Tile, Inc of the change in height of the directional sign to be located on Farmington
Road at the Civic Center from 7ft. 3 inches to 6 feet 0 inches, was received and placed
on file for the information of the Council
On a motion by Pastor, seconded by Laura, and unanimously adopted, it
was
CR 215-01 RESOLVED, that having considered a communication from
the City Planning Commission, dated March 7, 2001, which transmits its
resolution 2-41-2001, adopted on February 27, 2001, with regard to
Petition 00-12-2-37, submitted by Sam Baki, requesting waiver use
approval to construct a planned residential development (Shay Estates
32907
Condominiums) consisting of cluster housing on property located on the
south side of Seven Mile Road between Parklane Drive and Fairway Drive
in the Northeast 1/4 of Section 8, which property is zoned R-3 and R-4,
aim the Council does hereby concur in the recommendation made by the City
Planning Commission and Petition 00-12-2-37 is hereby approved and
granted, subject to the granting of a variance by the Zoning Board of
Appeals for deficient setback from a major thoroughfare, and subject to
the following conditions
1 That the Site Plan, submitted by Sam Baki, with a revision date of
April 2, 2001, is hereby approved and shall be adhered to,
2 That the following requirements shall be incorporated into the
Master Deed of the subject condominium project:
- That the floor area for the proposed dwellings shall not exceed
1,800 sq ft. for one story-units and 2,600 sq ft. for 1-1/2 story
units and that the height of the homes shall not exceed 28 feet;
- That the first floor and chimney of each condominium unit shall
be brick on all four sides, and the total amount of brick on each
unit shall not be less than 70% on two-story dwellings and not
less than 90% on one-story dwellings,
3 That the brick used in the construction of each condominium unit
shall be full-face four (4") inch brick, no exceptions,
4 That all landscaping shown on the above-referenced Site Plan shall
be installed to the satisfaction of the Inspection Department;
5 That the petitioner shall meet to the Fire Department's satisfaction
the following requirements as outlined in a letter from the Fire
Marshal dated December 27, 2000
- That adequate hydrants shall be provided, one near the
entrance to the street and one near the cul-de-sac;
- That the most remote hydrant shall flow 1500 GPM with a
residual pressure of 20 PSI,
6 That an entrance marker plan shall be submitted to the Planning
Commission for approval within 30 days following approval of this
petition by the City Council,
32908
7 That the Site Plan referenced in this approving resolution shall be
submitted to the Inspection Department at the time the building
permits are applied for
8 That the garage for Unit 5 shall be located on the north side of the
building in order to allow room for a turn-around which shall be
provided to serve Unit 4, and
9 That Units 5, 6 and 7 as shown on the Site Plan shall be
constructed as ranches, and all other units may be either ranches
or 1-1/2 story homes
A revised site plan, submitted by Sam Baki, dated April 2, 2001, re Shay
Estates Condominiums consisting of cluster housing on the south side of Seven Mile
Road between Parklane Drive and Fairway Drive, was received and placed on file for
the information of the Council (Petition 00-12-2-37)
Dave Dixon, 36267 Dardanella, 48152, spoke to the Council regarding
issues with fencing and landscaping relative to Shay Estates Condominiums (Petition
00-12-2-37)
Sam Baki, 36100 Seven Mile Road, 48152, petitioner for Shay Estates
Condominiums, agreed to address the concerns raised by Mr Dixon within a time frame
of 1-1 1/2 years
On a motion by Duggan, seconded by Pastor, it was
CR 216-01 RESOLVED, that Tye Culver, Culver Custom Homes, Inc.,
39500 Orchard Hill Place, #130, Novi, Michigan 48375, as proprietor,
having received waiver use approval to construct the Shires of Livonia
Detached Condominium Development in the Southeast 1/4 of Section 20
of the City of Livonia (hereafter the "Condominium"), and it further
appearing that approval of the site plan for the Condominium was given by
the City Council on April 7, 1999, and it further appearing that such site
plan, together with Development Plans and specifications for
improvements have been examined and approved by the Department of
Public Works as set forth in the report of that Department, dated February
22, 2001, the City Council determine as follows
(1) That all of the improvements, utilities and grading shall be
constructed, installed and accomplished in conformity with the
provisions of the ordinances of the City of Livonia, including the
Subdivision Control Ordinance, being Title 16, Chapter 16 04
32909
through 16.24 of the Livonia Code of Ordinances, as amended, and
the regulations and specifications of the Department of Public
Works and the Development Plans submitted by the proprietor and
approved by such Department; all such improvements to be
constructed, installed, accomplished and completed within a period
of two (2) years from the effective date of this resolution, failing this,
the approval granted in Council Resolution 213-99 shall be
considered null, void and of no effect whatsoever;
(2) That all inspection fees and other charges due to the City of Livonia
shall be fully paid at the time and in the manner provided in the said
Subdivision Control Ordinance, as amended,
(3) That the installation of all such improvements shall be subject at all
times to the supervision and inspection and final approval of the
Department of Public Works, and such improvements shall not be
considered as having been satisfactorily and completely installed
until there is filed with the City Council the certificate as provided in
Section 16.24 370 of the said Subdivision Control Ordinance, as
amended,
(4) That the proprietor enter into an agreement with the City of Livonia
agreeing to construct, within the prescribed period of time and in
the prescribed manner, all improvements required to the extent
required by the City of Livonia and as shown on the approved
Development Plans,
(5) That the proprietor shall file with the City of Livonia a corporate
surety bond, certified check, cash bond, irrevocable letter of credit,
or other financial assurance in such form as may be approved by
the Department of Law guaranteeing the satisfactory installation of
all such improvements, utilities and grading by the proprietor within
the prescribed period in the following amounts
(a) General Improvement Bond $80,000 00, of which at least
$ 8,000 00 shall be in cash
(b) Sidewalk Bond $13,000 00, of which at least
$ 5,000 00 shall be in cash
(c) Grading & Soil Erosion $ 1,800 00 (all cash)
(d) Entrance Marker/Landscaping $ 3,000 00 of which at least
$ 1,500 00 shall be in cash
and require cash payments in the total amount of$3,760 00, and
32910
(6) That the distribution lines for telephones and electric service are to
be placed underground throughout the Condominium in accordance
with City ordinances
A roll call vote was taken on the foregoing resolution with the following result:
AYES Duggan, Laura, Engebretson, Walsh, Pastor and Brosnan
NAYS Vandersloot
The President declared the resolution duly adopted
On a motion by Duggan, seconded by Pastor, and unanimously adopted,
it was
CR 217-01 WHEREAS, there exists in the City of Livonia, County of
Wayne, Michigan (the "City") the need for certain programs to alleviate
and prevent conditions of unemployment and to revitalize the City's
economy, and to assist industrial and commercial enterprises, and to
encourage the location, expansion or retention of industrial and
commercial enterprises to provide needed services and facilities to the
City and its residents, and
WHEREAS, a program to alleviate the aforesaid conditions has been
initiated by The Economic Development Corporation of the City of Livonia
(the "Corporation"), and
WHEREAS, the Corporation in conformity with Act No 338, Public Acts of
Michigan, 1974, as amended ("Act No 338"), and the Internal Revenue
Code of 1986, as amended (the "Code"), has prepared and submitted a
project plan (the "Project Plan"), providing all information and
requirements necessary for a project to be undertaken for the benefit of
Madonna University (the "Project"), including the issuance of revenue and
revenue refunding bonds by the Corporation (the "Bonds"), and
WHEREAS, in conformity with Act No 338 and the Code, this legislative
body conducted on April 2, 2001 a public hearing regarding the Project,
the Project Plan, and the Bonds in the maximum aggregate principal
amount of not to exceed $7,000,000 proposed therein to be issued by the
Corporation to finance all or part of the costs of the Project.
NOW, THEREFORE, BE IT RESOLVED
1 The Project Plan, attached hereto and made a part hereof, as
submitted and approved by the Corporation, meets the
32911
requirements set forth in Section 8(4) of Act 338, and is hereby
approved
2 The persons who will be active in the management of the Project
for not less than one year after approval of the Project Plan have
sufficient ability and experience to manage the Project properly
3 The proposed methods of financing the Project as outlined in the
Project Plan are feasible and the Corporation has the ability to
arrange, or cause to be arranged, the financing
4 The Project Plan contains a statement by a person described in
Section 8(4)(j) of Act No 338 indicating that payment to all persons
performing work on the construction of the Project will be made at
the prevailing wage and fringe benefit rates for the same or similar
work in the locality in which the work is performed and the City
hereby conclusively relies thereupon
5 The Project as submitted is reasonable and necessary to carry out
the purposes of Act No 338, and is hereby approved
6 Based upon the information submitted and obtained, the Project
Plan as submitted and the Project to which it relates serves to
alleviate and prevent conditions of unemployment and strengthen
and revitalize the City's economy and, therefore, constitutes a vital
and necessary public purpose
7 Issuance by the Corporation of the Bonds in an amount not to
exceed $7,000,000, in accordance with the terms set forth in the
Project Plan, to finance all or part of the costs of the Project as
described herein and in the Project Plan, is hereby approved
8 All resolutions and parts of resolutions insofar as they conflict with
the provisions of this resolution be and the same hereby are
rescinded
On a motion by Duggan, seconded by Pastor, and unanimously adopted,
it was
CR 218-01 RESOLVED, that having considered a communication from
the Superintendent of Parks and Recreation, dated March 14, 2001, 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 800 dozen range balls, valued at
$4,000 00, from Mr Bob Kunkel, CEO/President, Pro Golf Caddyshack,
32912
20694 Newburgh, Livonia, Michigan 48152, for use at the driving range at
the City's Whispering Willows Golf Course
On a motion by Vandersloot, seconded by Pastor, and unanimously
adopted, it was
CR 219-01 RESOLVED, that having considered a communication from
the Director of Community Resources, dated March 14, 2001, 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 Food 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 Pastor, seconded by Walsh, it was
CR 220-01 RESOLVED, that having considered a communication from
the Department of Law, dated March 22, 2001, approved for submission
by the Mayor, the Council does hereby, by a two-thirds roll call vote in
accordance with Section 7(1) of the Open Meetings Act, direct that a
closed Committee of the Whole meeting be held for the purposes of
discussing litigation matters and attorney/client privileged communications
in connection with pending litigation regarding Haag v City of Livonia.
A roll call vote was taken on the foregoing resolution with the following result:
AYES Duggan, Laura, Engebretson, Vandersloot, Walsh, Pastor and
Brosnan
NAYS None
The President declared the resolution duly adopted
On a motion by Engebretson, seconded by Pastor, and unanimously
adopted, it was
CR 221-01 RESOLVED, that the Council does hereby suspend their
rules for procedure as outlined in Council Resolution 574-82 so as to
permit consideration of items that do not appear on the agenda
On a motion by Duggan, seconded by Pastor, and unanimously adopted,
it was
32913
CR 222-01 RESOLVED, that having considered a communication from
the City Engineer, dated March 28, 2001, 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,
2001, 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; FURTHER,
the Engineering Division is hereby authorized to finalize plans and
specifications for the 2001 Sidewalk Program, which program will include
all required work that has not been completed by private property owners
by June 1, 2001
During the audience communication portion of the agenda, Reinhard Lemke, General
Manager of Wonderland Mall, spoke to the matter of donations made by the Rotary
Club and the carnival that will be sponsored by the Rotarians at Wonderland Mall from
May 2 through May 13, 2001 (Agenda Item 16) He also mentioned that the Rotary
Club will sponsor an Easter Egg Hunt at Rotary Park on April 14, 2001
On a motion by Engebretson, seconded by Pastor, and unanimously
adopted, this 1,438th Regular Meeting of the Council of the City of Livonia was
adjourned at 8 50 p m , April 4, 2001
an McCotter, City Clerk