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HomeMy WebLinkAboutCOUNCIL MINUTES 2000-11-20 32673 MINUTES OF THE ONE THOUSAND FOUR HUNDRED TWENTY-NINTH REGULAR MEETING OF NOVEMBER 20, 2000 On November 20, 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 Engebretson delivered the invocation Roll was called with the following result: Jack Engebretson, John Pastor, Brian Duggan, Joe Laura, and Maureen Miller Brosnan Absent: Vandersloot—vacation, Walsh — out-of-town on business 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, Ian Wilshaw, Traffic Commission and former Mayor Robert D Bennett. On a motion by Pastor, seconded by Engebretson, and unanimously adopted, it was CR 848-00 RESOLVED, that the minutes of the 1 ,428' Regular Meeting of the Council held November 8, 2000 are hereby approved as submitted A roll call vote was taken on the foregoing resolution with the following result AYES Engebretson, Pastor, Laura and Brosnan NAYS None PRESENT Duggan A communication from Carol Parker, representative from Red Lobster Restaurant, dated November 20, 2000, re the payment of$1500 00 for false alarm calls relative to the approval of Council Resolution 812-00 at the meeting of November 8, 2000, was received and placed on file for the information of the Council (Petition 00- 9-8-13) 32674 During the audience communication portion of the agenda, Councilmember Pastor thanked all the participants in the Thanksgiving Parade, and also congratulated Roosevelt Cub Scout Troop 876, who had the winning float in the Thanksgiving Parade Council President Brosnan announced that the Friends of Green mead are holding their annual Christmas Walk on December 2, 2000, and tickets are available A communication from the Department of Law, dated November 8, 2000, re the dismissal of a lawsuit involving Dorothy R. Dunne and Harold Dunne v City of Livonia, Michigan Court of Appeals Docket No 214871, was received and placed on file for the information of the Council On a motion by Duggan, seconded by Pastor, and unanimously adopted, it was CR 849-00 RESOLVED, that having considered a request from Council- member Joe Laura, the Council does hereby refer the subject of the current election system used by the City, what other systems are available, and what is foreseen for future years, to the City Clerk for a report and recommendation CR 850-00 RESOLVED, that having considered the report and recommendation of the Director of Finance, dated October 27, 2000, approved for submission by the Mayor, with regard to proposals received from insurance carriers in connection with the City's self-insurance program for workers' compensation, the Council does hereby authorize the Mayor and City Clerk to enter into a contract for the period of December 1, 2000 to November 30, 2003, with Accident Fund Company, 232 S Capitol Avenue, Lansing, Michigan 48901, to provide the City claims administration services and excess insurance coverage when losses from any one claim reach $200,000 00, for a total estimated premium cost of $66,948 00, FURTHER, the Council does hereby authorize the transfer of all open workers' compensation cases from the current provider (RSKCO) to the Accident Fund Company for a one-time fee of $300 00 per case, and the action herein is being taken without competitive bidding in accordance with the provisions set forth in Section 3 04 140D2 and D4 of the Livonia Code of Ordinances, as amended CR 851-00 RESOLVED, that having considered a communication from the City Planning Commission, dated October 19, 2000, which transmits its resolution 10-186-2000 adopted on October 17, 2000, with regard to 32675 Petition 00-10-8-16, submitted by Home Properties, requesting site plan approval in connection with a proposal to construct a clubhouse at the Deerfield Woods Apartments located at 19683 Farmington Road in the Southeast 1/4 of Section 4, pursuant to the provisions set forth in Section 18 58 of Ordinance No 543, as amended, the Council does hereby concur in the recommendation of the Planning Commission and Petition 00-10-8- 16 is hereby approved and granted, subject to the following conditions 1 That the Site Plan marked Sheet 1, dated September 13, 2000, prepared by Warner, Cantrell & Padmos, Inc., is hereby approved and shall be adhered to, 2 That all disturbed lawn areas shall be sodded in lieu of hydroseeding, 3 That the Exterior Building Elevation Plan prepared by Alexander V Bogaerts & Associates, as received by the Planning Commission on September 29, 2000, is hereby approved and shall be adhered to, 4 That the brick used in the construction shall be full-face four (4") inch brick, no exceptions, 5 That the specific plans referenced in this approving resolution shall be submitted to the Inspection Department at the time the building permits are applied for; and 6 That the petitioner shall increase the height of the brick on the building so that the first floor shall be constructed entirely of brick on all four sides CR 852-00 RESOLVED, that having considered a communication from Councilmember Jack Engebretson, dated October 31, 2000, wherein it is _. proposed that a Livonia Charter Commission be established for the purpose of updating the current City Charter, the Council does hereby refer this matter to the Committee of the Whole for its report and recommendation CR 853-00 RESOLVED, that having considered a communication from Councilmember Jack Engebretson, dated October 31, 2000, wherein it is proposed that a Livonia Charter Commission be established for the purpose of updating the current City Charter, the Council does hereby refer the matter of the development of a time-line of events necessary for submitting this matter to the voters in the 2001 General Election to the Department of Law for its report and recommendation 32676 CR 854-00 WHEREAS, the City of Livonia through its Plymouth Road Development Authority (PRDA) has prepared a Development Plan for the district; and WHEREAS, the main arterial through the district is Plymouth Road (M-14), a state highway; and WHEREAS, various projects in the Development Plan involve the expenditure of public funds to repair and renovate curbs, drainage, sidewalks, landscaping and parking areas within the district and along M- 14, and WHEREAS, these improvements will enhance the business district of Livonia and the M-14 corridor; NOW THEREFORE BE IT RESOLVED, that the City of Livonia supports the filing of an application for funding consideration under the Transportation Enhancement Activities component of the National Intermodal Transportation System, and FURTHER BE IT RESOLVED, that the City of Livonia, through the Plymouth Road Development Authority, will provide matching funds as specified in the application and authorizes the Mayor and City Clerk, on behalf of the City of Livonia, to sign the application CR 855-00 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 Monday, January 22, 2001, at 7 00 p m at the City Hall, 33000 Civic Center Drive, Livonia, Michigan, with respect to the following item Petition 00-9-1-17, submitted by Marco Soave, for a change of zoning of property located on the north side of Seven Mile Road between Bethany and Victor Parkway in the Southeast 1/4 of Section 6 from RUFC to C-2, the City Planning Commission in its resolution 11-190-2000 having recommended to the City Council that Petition 00-9-1-17 be denied, FURTHER, the City Clerk is hereby requested to, no less than fifteen (15) days prior to the aforesaid date of said public hearing, cause to have a statement indicating the (a) nature of the proposed amendment to the Zoning Ordinance, and/or (b) location of the proposed change of zoning as set forth above, first to be published in the official newspaper of the City 32677 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 CR 856-00 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, January 17, 2001, at 7 00 p m at the City Hail, 33000 Civic Center Drive, Livonia, Michigan, with respect to the following item Petition 00-8-6-5, submitted by the City Planning Commission, pursuant to Council Resolution 608-00 and 758-00, to determine whether or not to amend Sections 12 03, 19 03 and 19 05 of the Zoning Ordinance so as to require public notification for all proposed cellular tower installations on public zoned lands and to increase the application fee for new cellular tower support structures, the City Planning Commission in its resolution 11-196- 2000 having recommended to the City Council that Petition 00-8-6- 5 be approved, FURTHER, the City Clerk is hereby requested to, no less than fifteen (15) days prior to the aforesaid date of said public hearing, cause to have a statement indicating the (a) nature of the proposed amendment to the Zoning Ordinance, and/or (b) location of the proposed change of zoning as set forth above, first to be published in the official newspaper of the City or a newspaper of general circulation in the City of Livonia as well as to, not less than fifteen (15) days prior to said public hearing, cause to have notice to be given by certified mail to each public utility company and to each railroad company owning or operating any public 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 Engebretson, Pastor, Duggan, Laura and Brosnan NAYS None 32678 On a motion by Pastor, seconded by Duggan, and unanimously adopted, it was CR 857-00 RESOLVED, that having considered the report and recommendation of the City Council/Schools Liaison Committee, dated November 1, 2000, submitted pursuant to Council Resolution 25-98, and a request from Councilmember Joe Laura regarding the subject of a Bentley Center Task Force, the Council does hereby determine to take no further action with respect to this matter On a motion by Pastor, seconded by Duggan, and unanimously adopted, it was. CR 858-00 RESOLVED, that having considered the report and recommendation of the City Council/Schools Liaison Committee, dated November 1, 2000, submitted pursuant to Council Resolution 58-00, and a request from Councilmember John Pastor regarding the possibility of partial reimbursement of funds for the paving of Henry Ruff Road between Five Mile Road and Lyndon, the Council does hereby determine to take no further action with respect to this matter A communication from Larry & Linda Bernhardt, dated October 31, 2000, re their approval of the paving of Henry Ruff Road between Five Mile and Lyndon, was received and placed on file for the information of the Council (CR 58-00) On a motion by Pastor, seconded by Duggan, and unanimously adopted, it was CR 859-00 RESOLVED, that having considered the report and recommendation of the City Council/Schools Liaison Committee, dated November 1, 2000, submitted pursuant to Council Resolution 159-00, and a request from Councilmember Joe Laura regarding the subject of the D.A.R.E Program, the Council does hereby determine to take no further action with respect to this matter Councilmember Duggan left the podium at 8 12 p m due to a conflict of interest. Councilmember Engebretson gave first reading to the following Ordinance AN ORDINANCE AMENDING SECTION 1 OF THE ZONING MAP OF THE CITY OF LIVONIA AND AMENDING 32679 ARTICLE III OF ORDINANCE NO 543, AS AMENDED, KNOWN AND CITED AS "THE CITY OF LIVONIA ZONING ORDINANCE" BY ADDING SECTION 3 THERETO (Petition 00-4-1-8) The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in the Office of the City Clerk and is the same as if word for word repeated herein The above Ordinance was placed on the table for consideration at the next regular meeting A communication from the Planning Department, dated October 26, 2000, re no valid protest being in effect for the rezoning petition by Leo Soave on the south side of Morlock Road between Parkville and Maplewood Avenues, and no three-fourths majority vote of the City Council being required, was received and placed on file for the information of the Council (Petition 00-4-1-8) Councilmember Duggan returned to the podium at 8 13 p m Councilmember Laura took from the table, for second reading and adoption, the following Ordinance AN ORDINANCE AMENDING SECTION 18 45 OF ARTICLE XVIII OF ORDINANCE NO 543, AS AMENDED, KNOWN AND CITED AS "THE CITY OF LIVONIA ZONING ORDINANCE" (Petition 00-3-6-1) A roll call vote was taken on the foregoing Ordinance with the following result: AYES Engebretson, Pastor, Duggan, Laura and Brosnan NAYS None The President declared the foregoing Ordinance duly adopted, and would become effective on publication On a motion by Duggan, seconded by Laura, and unanimously adopted, it 32680 was CR 860-00 RESOLVED, that having considered a letter dated November 9, 2000, from Keith Berg, Director, Human Resources, Acro Service Corporation, wherein it is requested that the public hearing in connection with Petition 00-8-SN-13 be rescheduled, the Council does hereby amend and revise Council Resolution 748-00 so as to have the same read as follows RESOLVED, that having considered a communication from Acro Service Corporation, dated August 31, 2000, which in accordance with the provisions of Section 19 08 of Ordinance 543, as amended, the Zoning Ordinance, takes an appeal from a determination made on 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 Monday, February 12, 2001, 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 On a motion by Engebretson, seconded by Duggan, and unanimously adopted, it was CR 861-00 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 Laura, seconded by Duggan, and unanimously adopted, it was CR 862-00 WHEREAS, the purpose of the Livonia Community Foundation is to provide a stable, substantial and long-term source of funding for many and various civic, charitable and cultural needs of the community; and 32673 WHEREAS, the Livonia Community Foundation is a means to supplement monies available through traditional funding sources, and WHEREAS, all donations to the Livonia Community Foundation are held in trust to provide an investment endowment, the income from which is used for community foundation purposes, and WHEREAS, the source of said funding includes donations from individuals and/or their estates, and business entities, including partnerships and corporations, and WHEREAS, the Livonia Community Foundation is a bona fide and certified charitable trust under Federal regulations (Section 501 3C) and State law wherein donations to the Foundation are tax deductible under Federal law and receive preferential tax credits under Michigan law; WHEREAS, donors to the Livonia Community Foundation help provide for Livonia's future quality of life and may direct the use of the donations, according to the donor's particular interests, and WHEREAS, the Livonia Community Foundation, in the spirit of goodwill, charity and generosity is seeking donations from individuals and businesses in order to create that permanent source of funding for the various historical, cultural, civic, and charitable needs of Livonia, NOW, THEREFORE, BE IT RESOLVED, that the Mayor and Members of the City Council hereby proclaim the month of November, 2000, to be Livonia Community Foundation Month and encourage any and all, able and willing to contribute, to give generously to the Livonia Community Foundation Former Mayor Robert D Bennett spoke to the Council regarding the current status of the Livonia Community Foundation A communication from former Mayor Robert D Bennett, dated November 17, 2000, to which is attached the Annual Report of the Livonia Community Foundation, was received and placed on file for the information of the Council Councilmember Duggan wished a "Happy Thanksgiving" to all On a motion by Engebretson, seconded by Pastor, and unanimously adopted, this 1,429th Regular Meeting of the Council of the City of Livonia was adjourned at 8 30 p m , November 20, 2000 r, -172.6 ,akT-C J an McCotter, City Clerk