HomeMy WebLinkAboutCOUNCIL MINUTES 2000-10-11 32576
MINUTES OF THE ONE THOUSAND FOUR HUNDRED TWENTY-SIXTH
REGULAR MEETING OF OCTOBER 11, 2000
On October 11, 2000, the above meeting was held at the City Hall,
33000 Civic Center Drive, Livonia, Michigan, and was called to order by the
President of the Council at 8 00 p m Councilmember Pastor delivered the
invocation
Roll was called with the following result: John Pastor, Brian
Duggan, Joe Laura, Jack Engebretson, John Walsh, Val I Vandersloot 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; Joan McCotter, City Clerk, Linda McCann, Director of Community
Resources, Michael Slater, Director of Finance, Police Chief Peter Kunst and
Karen Szymula, Director of Legislative Affairs
On a motion by Duggan, seconded by Pastor, it was
CR 735-00 RESOLVED, that the minutes of the 1,425th
Regular Meeting of the Council held September 25, 2000 are
hereby approved as submitted
AYES Pastor, Duggan Laura, Engebretson, Walsh and Brosnan
NAYS None
PRESENT Vandersloot
During an audience communication, Nancy Shrewsbury presented
her request to close portions of Pembroke for a block party on October 14, 2000
On a motion by Pastor, seconded by Duggan, and unanimously
adopted, it was
CR 736-00 RESOLVED, that having considered an application
from Nancy Shrewsbury, 32010 Pembroke, dated October 11, ,.,,,.
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2000, requesting permission to close the corner of Pembroke and
Osmus (east) and the corner of Pembroke and Parker (west) on
Saturday, October 14, 2000, from 12 00 p m to 4 00 p m for the
purpose of conducting a block party, the Council does hereby grant
permission as requested, including therein permission to conduct
the said affair on Sunday, October 15, 2000, in the event of
inclement weather, the action taken herein being made subject to
the approval of the Police Department.
A communication from the Department of Finance, dated
September 20, 2000, re forwarding various financial statements of the City of
Livonia for the month ending August 31, 2000, was received and placed on file
for the information of the Council
A communication from the Department of Law, dated September
25, 2000, re Strictly-A-Dollar v Zoning Board of Appeals of the City of Livonia,
Wayne County Circuit Court Case No 00-008346 AA, was received and placed
on file for the information of the Council
A communication from the Department of Law, dated September
25, 2000, re Joseph Andrew Ditzhazy, Jr. v Mayor and City Council of
Livonia, et al, Wayne County Circuit Court Case No 00-023897 AW, was
received and placed on file for the information of the Council
During audience communication, City Clerk Joan McCotter
announced that mailing of absentee ballots would begin on Friday, October
13, 2000, and that absentee ballots would be issued over the counter in the
City Clerk's office beginning Thursday, October 19, 2000
Councilmember Duggan wished a "Happy Birthday" to Bonnie
Johnson, Technical Specialist in the City Council office, who celebrated her
birthday on October 6, 2000
On a motion by Laura, seconded by Engebretson, and unanimously
adopted, it was
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CR 737-00 RESOLVED, that the subject of the Zoning Board of
Appeals' procedures and performances be referred to the
Committee of the Whole for a report and recommendation
On a motion by Duggan, seconded by Pastor, and unanimously
adopted, it was
CR 738-00 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 September 19, 2000,
requesting permission to display wire signs announcing the Holiday
Boutique to be held by the Clarenceville Athletic Booster Club on
Saturday, November 11, 2000, which signs are to be 22" x 14" in
size and which will be displayed at all major intersections in the City
from Saturday, October 28, 2000, through November 13, 2000, the
Council does hereby grant and approve this request in the manner
and form herein submitted
CR 739-00 RESOLVED, that having considered a request from
Councilmember John Pastor, the Council does hereby refer the
matter of the condition of the shopping center at Eight Mile and
Grand River to the Inspection Department for its report and
recommendation
A communication from the Mayor re - Administrative Response—
the request for contact with Media One as a possible cable television and local
phone service provider, was received and filed for the information of the Council
(CR 715-00)
CR 740-00 RESOLVED, that having considered a communication
from the Director of Finance, dated September 11 , 2000, approved
for submission by the Mayor, wherein it is requested that Council
Resolution 587-00 be amended to reflect the proper funding
sources with respect to the roof renovations at Police Headquarters
and Fire Stations No 5 and 6, the Council does hereby amend and
revise Council Resolution 587-00 so as to have the same read as
follows
RESOLVED, that having considered the report and
recommendation of the Public Utility Manager and the
Director of Public Works, dated July 18, 2000, which bears
the signature of the Director of Finance and is approved for
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submission by the Mayor, the Council does hereby accept
the bid of C Davis Roofing, Inc , 6539 Burroughs, Sterling
Heights, Michigan 48314, for completing all work required in
connection with the Police Headquarters and Fire Stations
No 5 and 6 roof renovations in the total amount of
$188,175 00, FURTHER, the Council does hereby authorize
an expenditure in the amount of $107,675 00 from Account
No 101-447-976-000 (Building Maintenance Capital Outlay -
Building Improvements) and an expenditure in the amount of
$80,500 00 from Account No 401-000-976-000 (Capital
Improvement Fund - Building Improvements) for this
purpose, FURTHER, the Council does hereby authorize a
budget adjustment increasing Account No 101-000-680-000
(Sale of Fixed Assets) and Account No 101-447-976-000
(Building Maintenance Capital Outlay - Building
improvements) in the amount of $107,675 00 to fund the
work required at Police Headquarters, and the Director of
Public Works is hereby authorized to approve minor
adjustments in the work as it becomes necessary; and the
Mayor and City Clerk are hereby authorized to execute a
contract, for and on behalf of the City of Livonia, with the
aforesaid bidder and to do all things necessary or incidental
to the full performance of this resolution
A communication from the Office of the City Clerk, dated
September 18, 2000, to which is attached a letter from the Treasurer of the
Board of Wayne County Transit Authority, re collection of Wayne County Transit
Authority taxes for the year 2000, was received and placed on file for the
information of the Council
A communication from the Office of the City Clerk, dated
September 14, 2000, to which is attached a letter from Clarenceville School
District that forwards a 2000 Tax Rate Request Form (L-4029) that is required to
be filed by September 30, 2000, was received and placed on file for the
information of the Council
CR 741-00 RESOLVED, that having considered a communication
from the Fire Chief, dated September 20, 2000, which bears the
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signature of the Director of Finance and is approved for submission
by the Mayor, the Council does, for and on behalf of the City of
Livonia, accept the donation of a 1986 Chevy S10 pickup truck
valued at $3,000 00 from Fire Captain Johnny Marson to be used
for training purposes by the Livonia Fire Department.
CR 742-00 RESOLVED, by the City Council of the City of Livonia,
that the annual Christmas Parade be, and hereby is approved for
Saturday, November 18, 2000, beginning at 9 00 a m , and the
Michigan Department of Transportation (MDOT) is hereby
requested to allow the City of Livonia to close Plymouth Road from
Merriman Road to Middlebelt Road between the hours of 8 30 a m
and 11.00 a m or until the road is returned to normal traffic
operation, that the City of Livonia will assume liability for any
damage claims which may arise as a result of the road closure as
to the State of Michigan oniy, and that Lieutenant Kevin i Dawley is
hereby designated and authorized to sign the road closure permit
on behalf of the City of Livonia
A communication from the Public Service Division, dated October
6, 2000 re the amount paid to G & M Enterprises annually for street sweeping
services for the last four years, was received and placed on file for the
information of the Council
CR 743-00 RESOLVED, that having considered the report and
recommendation of the Director of Public Works, dated September
11, 2000, which bears the signature of the Director of Finance and
is approved for submission by the Mayor, the Council does hereby
approve a one-year extension of the existing contract with G & M
Enterprises, Ltd , 19614 W Eight Mile Road, Southfield, Michigan
48075, for completing all sweeping required for the City's 2000 Leaf
Pickup Program at the unit prices bid in September, 1996,
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
A communication from the Board of Ethics, Richard W McDowell,
Chairman, dated September 18, 2000, re the Second Annual Report pursuant
to Livonia Code of Ordinances Section 2 200 070(D)(9) providing a summary of
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activities which occurred during 1999, and the Board's plans for the current year,
was received and placed on file for the information of the Council
CR 744-00 RESOLVED, that having considered the report and
recommendation of the Director of Public Works and the City
Engineer, dated September 18, 2000, approved for submission by
the Mayor, with regard to a request from the Wayne County
Department of Public Services that the City take jurisdiction and
control of a section of 4" storm sewer as part of the development of
the commercial property located at 33333 Six Mile Road, the
southeast corner of Farmington Road and Six Mile Road in the
Northwest 1/4 of Section 15, the Council does hereby determine as
follows
1
To advise the Wayne County Department of Public Services
(Permit Section) that the City of Livonia has approved the
storm sewer site plans, and further that the City will accept
jurisdiction and maintenance (at no expense to the County)
of approximately 63 I f of 4" storm sewer within the Six Mile
Road right-of-way in connection with the development of the
aforementioned site located at the southeast corner of
Farmington Road and Six Mile in the Northwest 1/4 of
Section 15 (See attached letter from Phoenix Land
Development Company, dated September 14, 2000,
indicating its willingness to reimburse the City for any such
maintenance that may become necessary )
2 To authorize the City Engineer to execute a Wayne County
permit on behalf of the City of Livonia in connection with the
above storm sewer construction
CR 745-00 RESOLVED, that having considered the report and
recommendation of the Director of Public Works and the City
Engineer, dated August 31, 2000, approved by the Superintendent
of Parks and Recreation and approved for submission by the
Mayor, with respect to the bid received for the Greenmead Soccer
Field Comfort Station and Bleachers (Contract 00-P), the Council
does hereby reject the bid received on August 15, 2000, in
connection with this item, the action herein being taken for the
reasons indicated in the aforesaid communication, FURTHER, the
Council does hereby authorize the Director of Public Works,
together with the Director of Finance, to do all things necessary to
re-bid these items in early 2001 in accordance with the provisions
set forth in the Financial Ordinance, the same to thereafter be
submitted to Council for its consideration
REVISED IDD NO.
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CR 746-00 RESOLVED, that having considered the report and
recommendation of the Economic Development Manager, dated
September 26, 2000, approved for submission by the Mayor, in
connection with expanding the City's Act 198 Tax Incentive
Program to include Office properties and "High Technology Activity"
in properties zoned M-1, M-2 and Office, the Council does hereby
refer this matter to the Committee of the Whole for its report and
recommendation
A communication from the Department of Assessment, dated
October 4, 2000, re an Application for an Industrial Facilities Exemption from
Elring Klinger of North America, 35955 Veronica Avenue, Livonia, was received
and placed on file for the information of the Council
CR 747-00 WHEREAS, the City Clerk has received an
Application for Industrial Facilities Exemption Certificate from Elring
Klinger of North America, Inc., dated September 29, 2000, covering
new industrial facilities to be located within City of Livonia Industrial
Development District 62,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL
OF LIVONIA that it determines as follows
1 The City Clerk shall provide copies of the said Application to
the legislative bodies of the governmental units deriving
property taxes from the property which will be affected, as
required by Act 198, RA. 1974, as amended
2 The City Clerk shall contact each of the affected taxing units,
and (i) indicate the Council's interest in this matter, and (ii)
assist these taxing units in collecting such information as
may be necessary to determine their respective opinions on
this Application, and (iii) advise the said taxing units of this
Council's desire to hold a hearing on this Application on
Wednesday, November 29, 2000, at 7 00 p m at the Livonia
City Hall, 33000 Civic Center Drive, Livonia, Michigan
3 The Council hereby sets Wednesday, November 29, 2000,
at 7 00 pam. at the Livonia City Hall, 33000 Civic Center
Drive, Livonia, Michigan, as the date, time and place for
conducting a hearing on said Application
CR 748-00 RESOLVED, that having considered a communication
from Acro Service Corporation, dated August 31, 2000, which in
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accordance with the provisions of Section 19 08 of Ordinance 543,
as amended, the Zoning Ordinance, takes an appeal from a
determination made on August 29, 2000, by the City Planning
Commission in its resolution 8-165-2000 with regard to Petition 00-
8-SN-13 submitted by Acro Service Corporation requesting
approval for signage for the office building located at 17187 Laurel
Park Drive in the Southeast 1/4 of Section 7, the Council does
hereby designate Wednesday, November 29, 2000, at 7.00 p m as
the date and time for conducting a Public Hearing with regard to
this matter, such hearing to be held at the City Hall, 33000 Civic
Center Drive, Livonia, Michigan, and the City Clerk is hereby
requested to do all things necessary in order to give proper notice
in writing, as well as by the publication of a notice in the City's
official newspaper of such hearing and the date and place thereof,
in compliance with the requirements set forth in Ordinance 543, as
amended, the Zoning Ordinance of the City of Livonia
CR 749-00 RESOLVED, that in accordance with the provisions
set forth in Section 4 of Act 207 of the Public Acts of Michigan of
1921, as amended, the City Zoning Act (MSA 5.2934, MCLA
125 584), as well as Article XXIII of Ordinance 543, as amended,
the Zoning Ordinance of the City of Livonia, the Council does
hereby determine that a Public Hearing will take place before the
City Council of the City of Livonia on Wednesday, November 29,
2000, at 7 00 p m at the City Hall, 33000 Civic Center Drive,
Livonia, Michigan, with respect to the following items
(1) Petition 00-6-1-13, submitted by Joseph Trupiano, on behalf
of The Marney Group, for a change of zoning of property
located on the north side of Five Mile Road between Foch
Avenue and Green Lane Avenue in the Southeast 1/4 of
Section 13 (known as 27480 Five Mile Road and 27486 Five
Mile Road) from R-1 to R-C, the City Planning Commission
in its resolution 9-172-000 having recommended to the City
Council that Petition 00-6-1-13 be denied, and
(2) Petition 00-7-1-14, submitted by Brashear, Tangora and
Spence, LLP, on behalf of Durresi Restaurant, for a change
of zoning of property located on the west side of Newburgh
Road, north of Joy Road, in the Southeast 1/4 of Section 31,
from C-1 to C-2, the City Planning Commission in its
resolution 9-174-2000 having recommended to the City
Council that Petition 00-7-1-14 be denied,
FURTHER, the City Clerk is hereby requested to, no less than
dr, fifteen (15) days prior to the aforesaid date of said public hearing,
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cause to have a statement indicating the (a) nature of the proposed
amendments to the Zoning Ordinance, and/or (b) location of the
proposed changes of zoning as set forth above, first to be
published in the official newspaper of the City or a newspaper of
general circulation in the City of Livonia as well as to, not less than
fifteen (15) days prior to said public hearing, cause to have notice
to be given by certified mail to each public utility company and to
each railroad company owning or operating any public utility or
railroad within the districts or zones affected, and further, the City
Clerk is requested to do all other things necessary or incidental to
the full performance of this resolution
A roll call vote was taken on the foregoing resolutions with the following result:
AYES Pastor, Duggan, Laura, Engebretson, Vandersloot, Walsh
and Brosnan
NAYS None
The presence of Mr Dick McDowell of the Ethics Board was recognized as being
present at the Council meeting
On a motion by Engebretson, seconded by Pastor, and
unanimously adopted, it was
CR 750-00 RESOLVED, that having considered the report and
recommendation of the Committee of the Whole, dated September 19,
2000, submitted pursuant to Council Resolution 648-00, the report and
recommendation of the Chief of Police dated August 4, 2000, and the
report and recommendation of the Director of Finance, dated October 2,
2000, which bears the signature of the Chief of Police and is approved for
submission by the Mayor, regarding the installation of a new CAD, Mobile
and Records Management Computer System for the Police Department,
the Council does hereby determine as follows
To approve a total project cost not to exceed $4,301,252
(excluding Project Management costs)
To approve funding and appropriations from the following sources
A. Account No. 401-000-976-028, Capital Improvement
Fund (Proceeds from sale of Bobby's) $751,015
B Unexpended Fund Balance of the Public Safety
Communication Fund (261) (Revenues from 911
telephone surcharges) 630,000
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C Account No 101-306-987-000, Police Data
Processing Capital Outlay - Other Equipment
(Anticipated 2000 court revenues in excess
of adopted budget) 400,000
D Unexpended Fund Balance of the Forfeiture Fund (265) 570,237
E. Issuance of Installment Purchase Contract 1,950,000
Total $4,301,252
To authorize a budget adjustment to the 1999-2000 budget increasing
Account No 101-000-656-006, Court Fines Revenue, and Account
No 101-306-987-000, Police Data Processing Capital Outlay, by
$400,000 00 to reflect anticipated court fine revenue in excess of the
adopted 1999-2000 budget.
To authorize the Director of Finance to solicit quotations from local
banks to provide installment financing in the amount of$1,950,000 00
with results to be provided to City Council for acceptance of quotation.
To waive the competitive bidding requirements in accordance with
Section 3.04 140D2 of the Livonia Code of Ordinances, as amended,
and to authorize the Mayor and City Clerk to execute agreements,
after review and approval by the Law Department, with the following
companies
Name and Address Amount Not to Exceed
Printrac International
P0 Box 51788
Los Angeles, CA 90051-6088 $2,720,663
Compaq Corp
Attn Govt. Sales
P 0 Box 692025 MS 590903
Houston, TX 77269-2025 459,296
Analytical Systems, Inc.
15224 Kercheval Road
Grosse Pointe Park, MI 48230 432,967
CLEMIS
1200 North Telegraph, Building49 West
Pontiac, Ml 48341 368,000
Digital Biometrics Inc.
W4101 Scotch Bush Road
Elkhorn, WI 53121 105,988
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Bramic Creative Business Products
5205 Sideline 14
Claremont, Ontario
Canada L1Y 1A1 45,000
Wayne County
415 Clifford, 5th Floor
Detroit, MI 48226 15,000
To request the Police Department to solicit quotations and provide a
report and recommendation to City Council regarding the following
items
Description Amount Not to Exceed
Printers including Bar Code (9 Heavy Duty
Laser Printers, 20 Ink Jet Printers, 5 Dot Matrix
Printers and Bar Coding Hardware) $51,400
Electrical Upgrade 46,000
Recording System Vendor 37,363
Air Conditioning Unit (partially funded by DPW) 13,850
A communication from the Department of Finance dated, October
2, 2000, re additional information about the cost and funding of the acquisition of
a new Police Computer System, was received and placed on file for the
information of the Council
Police Chief Peter Kunst introduced the technical team for the new computer
system project at the Police Department to the members of the Council, and
spoke about this project.
A communication from the Department of Law, dated August 16,
2000, re - Administrative Response — a format in which the City can feasibly
and constitutionally regulate video games for violent content, was received and
placed on file for the information of the Council (CR 100-00)
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On a motion by Walsh, seconded by Duggan, and unanimously
adopted, it was
CR 751-00 RESOLVED, that having considered the report and
recommendation of the Legislative Committee, dated September
26, 2000, submitted pursuant to Council Resolution 457-99, and a
communication from the Department of Law, dated September 25,
2000, approved for submission by the Mayor, submitted pursuant to
Council Resolution 99-00, the Council does hereby request that the
Department of Law forward a letter signed by the members of the
City Council and the Mayor to our State and Federal legislators
seeking assistance in addressing the subject of violent video
games as indicated in the sample letter attached to the
aforementioned communication
On a motion by Walsh, seconded by Duggan, and unanimously
adopted, it was
CR 752-00 RESOLVED, that having considered the report and
recommendation of the Legislative Committee, dated September
26, 2000, submitted pursuant to Council Resolution 457-99,
regarding a request from Harry Rodgers for the prohibition of
violence-oriented video games found in public places such as video
arcades, restaurants, bowling alleys, etc., in Livonia, the Council
does hereby determine to take no further action with respect to this
matter
On a motion by Walsh, seconded by Engebretson, and
unanimously adopted, it was
CR 753-00 RESOLVED, that having considered the report and
recommendation of the Legislative Committee, dated September
26, 2000, submitted pursuant to Council Resolution 52-00, and a
communication from Councilmember Jack Engebretson, dated
January 10, 2000, with regard to a charter amendment question to
change the term of office for the Treasurer and City Clerk, the
Council does hereby request that the Department of Law prepare a
proposed Charter Amendment for submission to Council which
Charter Amendment would change the term of office for the
Treasurer and City Clerk from two years to four years (effective with
the term beginning 2004) and which would be presented as a ballot
question for the next general election
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On a motion by Walsh, seconded by Pastor, and unanimously
adopted, it was
CR 754-00 RESOLVED, that having considered the report and
recommendation of the Legislative Committee, dated September
26, 2000, submitted pursuant to Council Resolution 52-00, and a
communication from Councilmember Jack Engebretson, dated
January 10, 2000, with regard to a charter amendment question to
change the term of office for the Treasurer and City Clerk to four
years, the Council does hereby refer the subject of the timing of the
elections for Clerk, Treasurer, Mayor and Council and the
appropriate effective date of proposed charter amendments to the
Administration for its report and recommendation
On a motion by Walsh, seconded by Duggan, and unanimously
adopted, it was
CR 755-00 RESOLVED, that having considered the report and
recommendation of the Legislative Committee, dated September
26, 2000, submitted pursuant to Council Resolution 203-00, and a
communication from Councilmember Brian Duggan, dated
February 29, 2000, regarding the feasibility of eliminating separate
local elections for millages, bonding and school board matters and
combining them with General Elections held in November, the
Council does hereby refer the subject of whether Special Municipal
Elections such as millages should be held at the same time as the
General Elections, to the Administration for its report and
recommendation
On a motion by Walsh, seconded by Laura, it was
CR 756-00 RESOLVED, that having considered the report and
recommendation of the Legislative Committee, dated September
26, 2000, submitted pursuant to Council Resolution 203-00, and a
communication from Councilmember Brian Duggan, dated
February 29, 2000, regarding the feasibility of eliminating separate
local elections for millages, bonding and school board matters and
combining them with General Elections held in November, the
Council does hereby refer the subject of the number of votes cast in
the last three General Elections and the last three school elections
to the City Clerk for a report and recommendation
A roll call vote was taken on the foregoing resolution with the following result:
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AYES Pastor, Duggan Laura, Engebretson, Walsh and Brosnan
NAYS Vandersloot
The President declared the resolution duly adopted
Councilmember Duggan left the podium at 8 49 p m due to a conflict of interest.
Councilmember Laura gave first reading to the following
Ordinance
AN ORDINANCE AMENDING SECTION 13 OF THE
ZONING MAP OF THE CITY OF LIVONIA AND
AMENDING ARTICLE III OF ORDINANCE NO 543,
AS AMENDED, KNOWN AND CITED AS "THE Ci T Y
OF LIVONIA ZONING ORDINANCE" BY ADDING
SECTION 3 THERETO (Petition 00-4-1-7)
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 50 p m
Councilmember Duggan took from the table, for second
reading and adoption, the following Ordinance
AN ORDINANCE ADDING SECTIONS 030, 040, 050,
060 AND 070 TO TITLE 10, CHAPTER 03
(GENERAL PROVISIONS) OF THE LIVONIA CODE
OF ORDINANCES, AS AMENDED
A roll call vote was taken on the foregoing Ordinance with the following result:
AYES Pastor, Duggan, Laura, Engebretson, Vandersloot, Walsh
and Brosnan
NAYS None
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The President declared the foregoing Ordinance duly adopted, and would
become effective on publication
4i1r
On a motion by Engebretson, seconded by Duggan and
unanimously adopted, it was
CR 757-00 RESOLVED, that having considered the report and
recommendation of the Mayor, dated September 21, 2000, the
Council does hereby concur in and approve the change in title of
the Economic Development Manager to Economic Development
Director with benefit and wage rates to remain the same
The Mayor spoke to the Council regarding the foregoing change of title for the
Economic Development Director
A communication from the Department of Law, dated September
18, 2000, re proposed amendments to Section 12 03, 19 03 and 19 05 of the
Zoning Ordinance, installation of signs on public property slated for installation of
cellular towers/application fee increase, was received and placed on file for the
information of the Council (CR 793-99, 608-00 and 609-00)
On a motion by Duggan, seconded by Pastor, and unanimously
adopted, it was
CR 758-00 RESOLVED, that having considered a communication
from the Department of Law, dated September 18, 2000, which
submits proposed amendments to Sections 19 03 and 19 05 of
Article XIX and Section 12 03 of Article XII of the Livonia Zoning
Ordinance adding requirements concerning notification of residents
and the installation of signs on property with respect to proposed
installation of cellular towers and the issue of increasing the cellular
tower application fee, and in accordance with the provisions set
forth in Section 23 01(a) of the Livonia Zoning Ordinance, the
Council does hereby determine on its own motion to refer to and
request that the City Planning Commission conduct a public
hearing on the question of whether such amendments should be
made, and thereafter submit a report and recommendation to
Council
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On a motion by Pastor, seconded by Walsh, and unanimously
adopted, it was
CR 759-00 WHEREAS, the City Clerk has received an
Application for Industrial Facilities Exemption Certificate from
Admiral Tool and Manufacturing of Michigan, dated July 19, 2000,
covering new industrial facilities to be located within City of Livonia
Industrial Development District No 77, 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 Admiral Tool and
Manufacturing of Michigan, 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, September 18, 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, Admiral Tool and Manufacturing
of Michigan, 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 Admiral Tool
and Manufacturing of Michigan, covering new industrial
facilities to be located within the City of Livonia Industrial
Development District No 77 for 10 years
3 That in accordance with the requirements of Section 22, Act
198, P.A. 1974, as amended, wherein a letter of agreement
REVISED - See bold type
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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 ;;f.
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
An Affidavit of Fees Form from Ford Motor Land Services
Company, related to their Application for Industrial Facilities Exemption
Certificate, was received and placed on file for the information of the Council
Councilmember Laura spoke about the abatement request from
Ford Motor Land Services Corporation and stated that he can vote on this issue
without a conflict of interest even though he is an employee of the Ford Motor
Company Councilmember Laura said that this is based on a Livonia Board
of Ethics Advisory Opinion (dated September 18, 2000), which resulted
from a Livonia Board of Ethics meeting held on May 9, 2000.
Jerry Schneider, Manager of Local Government Affairs from Ford
Motor Company, spoke to the Council in favor of the proposed Industrial
Facilities Exemption Certificate
On a motion by Duggan, seconded by Pastor, and unanimously
adopted, it was
CR 760-00 WHEREAS, the City Clerk has received an
Application for Industrial Facilities Exemption Certificate from Ford
Motor Land Services Corporation of Michigan, dated August 29,
2000, which will include the acquisition and installation of new
machinery and equipment for front-and-rear-wheel drive
transmissions and components thereof to be located within City of
Livonia Industrial Development District No 1, 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
32593
WHEREAS, the City Council has afforded Ford Motor Land
Services Corporation of Michigan, 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 Wednesday, October 4, 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, Ford Motor Land Services
Corporation of Michigan, 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 Ford Motor
Land Services Corporation of Michigan, which will include
the acquisition and installation of new machinery and
equipment for front- and rear-wheel drive transmissions and
components thereof to be located within City of Livonia
Industrial Development District No 1 for 12 years after a
three (3) year construction period
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
On a motion by Pastor, seconded by Duggan, an unanimously
adopted, it was
32594
CR 761-00 RESOLVED, that having considered a communication
from the City Planning Commission, dated June 23, 2000, which
sets forth its resolution 6-113-2000 adopted on June 13, 2000, with
regard to Petition 00-4-2-17 submitted by Bogart's Billiard Cafe
requesting waiver use approval to operate a limited service
restaurant in connection with a billiard parlor proposed to be
located within Sheldon Center on the south side of Plymouth Road
between Farmington Road and Woodring Avenue in the Northwest
1/4 of Section 34, which property is zoned C-2, and the Council
having conducted a public hearing with regard to this matter on
September 20, 2000, pursuant to Council Resolution 500-00, the
Council does hereby concur in the recommendation of the City
Planning Commission and said Petition 00-4-2-17 is hereby denied
based upon the fact that the request has been withdrawn by the
petitioner by letter received in the Office of the City Clerk on
September 20, 1000
On a motion by Pastor, seconded by Duggan, and unanimously
adopted, it was
CR 762-00 RESOLVED, that having considered a communication
from the City Planning Commission, dated June 23, 2000, which
sets forth its resolution 6-114-2000 adopted on June 13, 2000, with
regard to Petition 00-4-2-18 submitted by Bogart's Billiard Cafe
requesting waiver use approval to utilize a Class C license in
connection with a billiard parlor proposed to be located within
Sheldon Center on the south side of Plymouth Road between
Farmington Road and Woodring Avenue in the Northwest 1/4 of
Section 34, which property is zoned C-2, and the Council having
conducted a public hearing with regard to this matter on September
20, 2000, pursuant to Council Resolution 501-00, the Council does
hereby concur in the recommendation of the City Planning
Commission and said Petition 00-4-2-18 is hereby denied based
upon the fact that the request has been withdrawn by the petitioner
by letter received in the Office of the City Clerk on September 20,
2000
On a motion by Pastor, seconded by Duggan, and unanimously^
adopted, it was
CR 763-00 RESOLVED, that having considered a communication
from the City Planning Commission, dated August 3, 2000, which
sets forth its resolution 7-145-2000 adopted on July 25, 2000, with
regard to Petition 00-5-2-22 submitted by Borman's Inc., on behalf
32595
of Farmer Jack #771, requesting waiver use approval to utilize an
SDD license in connection with a retail facility located on the south
side of Seven Mile Road between Middlebelt Road and Melvin
Avenue in the Northeast 1/4 of Section 11, which property is zoned
C-2, and the Council having conducted a public hearing with regard
to this matter on September 20, 2000, pursuant to Council
Resolution 604-00, the Council does hereby concur in the
recommendation of the City Planning Commission and said Petition
00-5-2-22 is hereby denied for the following reasons.
1 That the petitioner has failed to affirmatively show that the
proposed use is in compliance with all of the general waiver
use standards and requirements as set forth in Section
19 06 of Zoning Ordinance #543,
2 That this area of the City is currently well served with SDD
licensed establishments,
3 That there is no demonstrated need for the use of an SDD
license at this location, and
4 That the proposed use of an SDD license is incompatible to
and not in harmony with the surrounding uses in the area
On a motion by Duggan, seconded by Pastor, and unanimously
adopted, it was
CR 764-00 RESOLVED, that having considered a communication
from the City Planning Commission, dated August 3, 2000, which
sets forth its resolution 7-146-2000 adopted on July 25, 2000, with
regard to Petition 00-5-2-23 submitted by Borman's Inc., on behalf
of Farmer Jack #771, requesting waiver use approval to display
seasonal outdoor garden materials on property located on the
south side of Seven Mile Road between Middlebelt Road and
Melvin Avenue in the Northeast 1/4 of Section 11, which property is
zoned C-2, and the Council having conducted a public hearing with
regard to this matter on September 20, 2000, pursuant to Council
Resolution 605-00, the Council does hereby reject the
recommendation of the City Planning Commission and said Petition
00-5-2-23 is hereby approved, providing such use is temporary and
conducted between April 1 and October 1 of each year
32596
A letter from Planning dated October 9, 2000, re outdoor display
at Farmer Jack, was received and placed on file for the information of the
Council (Petition 00-5-2-23)
On a motion by Laura, seconded by Duggan, and unanimously
adopted, it was
CR 765-00 RESOLVED, that having considered a communication
from the City Planning Commission, dated August 3, 2000, which
sets forth its resolution 7-146-2000 adopted on July 25, 2000, with
regard to Petition 00-5-2-23 submitted by Borman's Inc., on behalf
of Farmer Jack #771, requesting waiver use approval to display
seasonal outdoor garden materials on property located on the
south side of Seven Mile Road between Middlebelt Road and
Melvin Avenue in the Northeast 1/4 of Section 11, which property is
zoned C-2, and the Council having conducted a public hearing with
regard to this matter on September 20, 2000, pursuant to Council
Resolution 605-00, the Council does hereby refer the subject of a
protective wall to the Inspection Department for its report and
recommendation
On a motion by Duggan, seconded by Pastor, and unanimously
adopted, it was.
CR 766-00 RESOLVED, that having considered a communication
from the City Planning Commission, dated July 5, 2000, which sets
forth its resolution 6-119-2000 adopted on June 13, 2000, with
regard to Petition 00-3-6-1, submitted by the City Planning
Commission, pursuant to Council Resolution 177-00, to determine
whether or not to amend Article XVIII, Section 18 45 of the Zoning
Ordinance pertaining to protective walls and greenbelts, and the
Council having conducted a public hearing with regard to this
matter on Wednesday, September 20, 2000, pursuant to Council
Resolution 535-00, the Council does hereby approve Petition 00-3-
6-1 for preparation of the ordinance for submission to Council, and
the Department of Law is requested to prepare an ordinance
amending Ordinance 543, as amended, in accordance with this
resolution
On a motion by Pastor, seconded by Vandersloot, and unanimously
adopted, it was
32597
CR 767-00 RESOLVED, that having considered a communication
from the Director of Community Resources, dated September 25,
2000, which bears the signature of the Director of Finance and is
approved for submission by the Mayor, the Council does, for and
on behalf of the City of Livonia, accept the donation of 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 Duggan, seconded by Pastor, and unanimously
adopted, it was
CR 768-00 RESOLVED, that having considered a communication
from Council President Maureen Miller Brosnan, dated October 2,
2000, requesting a correction to page 32460 of the August 16, 2000
Regular City Council Meeting minutes, the Council does hereby
approve the correction to the Council minutes in the manner and
form described in the aforementioned communication
On a motion by Duggan, seconded by Pastor, and unanimously
adopted, it was
CR 769-00 RESOLVED, that the Council does hereby suspend
their rules for procedure as outlined in Council Resolution 574-82
so as to permit consideration of items that do not appear on the
agenda
On a motion by Duggan, seconded by Walsh, and unanimously
adopted, it was
CR 770-00 RESOLVED, that having considered a communication
from the Director of Public Works and the City Engineer, dated
October 2, 2000, approved for submission by the Mayor, with
regard to a Telecommunications Permit Application submitted by
MCI Metro Access Transmission Services, LLC, requesting
approval for access to and ongoing use of the public right-of-ways
within the City for a proposed telecommunications system utilizing
approximately 10 4 miles of public right-of-way, as more particularly
described in the attachment to the permit application, the Council
does hereby designate Monday, November 27, 2000, at 7 00 p m
as the date and time for conducting a public hearing with regard to
whether or not to approve such permit application, such hearing to
be held at the City Hall, 33000 Civic Center Drive, Livonia,
Michigan, and the City Clerk is hereby requested to do all things
32598
necessary in order to give proper notice in writing, as well as by the
publication of a notice in the City's official newspaper of such
hearing and the date and place thereof, in compliance with the
requirements set forth in Section 12 06 050G of the Livonia Code of
Ordinances, as amended
Councilmember Pastor reminded everyone of the Holiday Parade that will be
held on Saturday, November 18, 2000, and welcomed all who wished to
participate to call Carol Swales in the Mayor's office
On a motion by Duggan, seconded by Pastor, and unanimously
adopted, this 1,426" Regular Meeting of the Council of the City of Livonia was
adjourned at 9 19 p m , October 11, 2000
?TOL M6/ (M.7)
Joan McCotter, City Clerk