HomeMy WebLinkAboutCOUNCIL MINUTES 2000-12-11 32677
MINUTES OF THE ONE THOUSAND FOUR HUNDRED THIRTIETH
REGULAR MEETING OF DECEMBER 11, 2000
On December 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 Vandersloot delivered the invocation
Roll was called with the following result: Val I Vandersloot, John Walsh,
John Pastor, Brian Duggan, Joe Laura, Jack Engebretson 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, Fire Chief Alan Brandemihl, Jim Zoumbaris, Superintendent
of Public Service and Karen Szymula, Director of Legislative Affairs
On a motion by Duggan, seconded by Pastor, and unanimously
adopted, it was
CR 863-00 RESOLVED, that the minutes of the 1,429th Regular Meeting
of the Council held November 20, 2000 are hereby approved as
submitted
A roll call vote was taken on the foregoing resolution with the following result:
AYES Walsh, Pastor, Duggan, Laura, Engebretson and Brosnan
NAYS None
PRESENT Vandersloot
During audience communication, Councilmember Laura congratulated
Detroit Mayor Dennis A. Archer on being elected President of the National League of
Cities
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A communication from the Department of Finance, dated November 16,
2000, re forwarding various financial statements of the City of Livonia for the month
ending October 31, 2000, was received and placed on file for the information of the
Council
At the direction of the Chair, Item # 1 was removed from the Consent Agenda
A communication from the Department of Parks & Recreation, dated
December 7, 2000, re message sign that is being donated to the City of Livonia by the
Livonia Anniversary Committee, to be located at the new Community Center at the
intersection of Five Mile and Hubbard, was received and placed on file for the
information of the Council (Item #5)
On a motion by Duggan, seconded by Pastor, it was
CR 864-00 RESOLVED, that having considered a communication from
the City Assessor, dated October 17, 2000, approved for submission by
the Mayor, with regard to a request from Mr Leon London, 6689 Orchard
Lake Road, PMB #162, W Bloomfield, Michigan 48322, and in
accordance with the provisions of 1967 PA 288, as amended, as well as
Section 18 46 of Ordinance 543, as amended, the Council does hereby
approve of the proposed combination and division of Tax Item Nos 46-
045-03-0040-001 and 46-045-03-0041-001 into two (2) parcels, the legal
descriptions of which shall read as follows
PARCEL 3
The East 60 00 feet of the West 135 feet of Lots 40, 41 & 42, "Dohany
Subdivision" of the West 1/2 of the West 1/2 of the Northeast 1/4 of Section
12, T 1 5 , R 9 E , Livonia Township (now City of Livonia), Wayne
County, Michigan, as recorded in Liber 64 Page 95, Wayne County
Records
PARCEL 4
The West 75 00 feet of Lots 40, 41 & 42, "Dohany Subdivision" of the
West 1/2 of the West 1/2 of the Northeast 1/4 of Section 12, T 1 S , R. 9 E ,
Livonia Township (now City of Livonia), Wayne County, Michigan, as
recorded in Liber 64 Page 95, Wayne County Records
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as shown on the map attached to the aforesaid communication which is
made a part hereof by reference, and the City Clerk is hereby requested to
cause a certified copy of this resolution to be recorded in the Office of the
L. Wayne County Register of Deeds, PROVIDED, HOWEVER, that until a
variance is granted by the Zoning Board of Appeals as to every
nonconforming lot resulting from such split, none of said lots may be sold,
leased or transferred
CR 865-00 RESOLVED, that having considered a letter from the
President of the Livonia Anniversary Committee, Inc., dated November
13, 2000, which submits a request for approval of the following items
1 The issuance of a permit to Pugh Shows to conduct carnival
amusement rides at Henry Ford Field and Veterans' Park, except
for the ice arena construction site, as part of this year's Spree 51
Celebration, on June 19, 20 and 21, 2001, from 2.00 pm to
midnight and on June 22, 23, and 24, 2001, from 12 00 noon to
midnight, subject to the City of Livonia, Livonia Public Schools and
the Livonia Anniversary Committee, Inc. being identified as
additional insured on Pugh Shows general liability insurance policy;
2 The issuance of a permit to the Anniversary Committee to conduct
a Chinese Acrobats Show on June 19-24, 2001, at Ford
3 Field/Veterans' Park,
Authorization of the Anniversary Committee to conduct a fireworks
display at Veterans' Park to be held on Sunday, June 24, 2001, at
10 30 p m , which display will be fired by American Fireworks, Inc ,
subject to providing liability insurance for this event and subject to
the City of Livonia, Livonia Public Schools and the Livonia
Anniversary Committee, Inc. being designated as additional insured
on their policy;
4 Authorization of the Livonia Anniversary Committee to use and/or
lease the facilities at Henry Ford Field and Veterans' Park during
the period of the Spree-51 celebration in accordance with the
fees/waivers grid for events co-sponsored by the City of Livonia,
and
5 A waiver of all fees prescribed by ordinance or law with respect to
items 2 and 3 above, as well as a waiver of all vendors' license fees
for community organizations and/or groups authorized to participate
in Spree-51 by the Anniversary Committee,
the Council does hereby concur in and approve the foregoing requests,
and the City Clerk and all other appropriate city officials and agencies are
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hereby requested to do all things necessary or incidental to the full
performance of this resolution
CR 866-00 RESOLVED, that having considered a letter from the
President of the Livonia Anniversary Committee, Inc., dated November 10,
2000, wherein it is requested that the following City streets be closed to
through traffic from 8.00 am on June 18, 2001, through 12:00 noon on
June 25, 2001 (Monday through Monday)
Stark Road from the Family Y, 14255 Stark to Lyndon
Lyndon from Farmington Road to Stark Road
the Council does hereby concur in and grant this request in the manner
and form herein submitted, FURTHER, the Council does hereby request
that Farmington Road be closed from Five Mile Road to Schoolcraft Road
on Sunday, June 24, 2001, between the hours of 8 30 pm and 11 30 p m
or until the road is returned to normal traffic operation in connection with
the annual Spree fireworks display, and does hereby authorize the City of
Livonia to assume liability for any damage claims which may arise as a
result of the road closure, and that Lieutenant Kevin Dawley is hereby
designated and authorized to sign the road closure permit on behalf of the
City of Livonia, this matter is also referred to the Administration to oversee
the Ice Rink construction to ensure no interference with the Spree
celebration, the action taken herein being made subject to the approval of
the Police Department, Fire Department and Wayne County; and to the
extent possible, Spree is requested, in conjunction with the Police
Department, to do all things necessary to alleviate traffic problems for the
residents of Stoneleigh Village Subdivision during the 2001 Anniversary
Celebration
CR 867-00 RESOLVED, that having considered a letter from the
President of the Livonia Anniversary Committee, Inc., dated November 10,
2000, the Council does hereby approve of the request from the Livonia
Anniversary Committee, inc for permission to display banners advertising
Spree-51 on Farmington Road and Five Mile Road from May 29, 2001
through June 25, 2001, and to display 4' x 8' signs at City Hall and Ford
Field from May 29, 2001, through June 25, 2001, at no additional cost to
Spree, and the City Clerk and all other appropriate City officials and
agencies are hereby requested to do all things necessary or incidental to
the full performance of this resolution
A communication from the Inspection Department, dated November 11,
2000, re Administrative Response - the wall height of the dumpster enclosure at the
Livonia Five Shopping Plaza being in compliance with the approved site plan, was
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received and placed on file for the information of the Council (CR 810-00) (Petition 00-
8-2-29)
CR 868-00 RESOLVED, that having considered the report and
recommendation of the Fire Chief, dated November 13, 2000, which bears
the signature of the Director of Finance and is approved for submission by
the Mayor, the Council does hereby accept the quote of American
Lafrance Michigan, Inc., 46944 Liberty Drive, Wixom, Michigan 48393, for
supplying the Fire Department with one (1) medium-duty rescue
ambulance in the amount of $132,525 00, including delivery, and one (1)
stretcher in the amount of $2,755 00, for a total expenditure of
$135,280 00, the same to be expended from funds already budgeted for
this purpose in Account No 101-338-979-000, FURTHER, the Council
does hereby authorize the purchase of said items without competitive
bidding for the reasons indicated in the aforesaid communication, and
such action is taken in accordance with Section 3 04 140D4 of the Livonia
Code of Ordinances, as amended
CR 869-00 RESOLVED, that having considered a communication from
the Chief of Police, dated November 13, 2000, which bears the signature
of the Director of Finance and is approved for submission by the Mayor,
wherein it is requested that the Council accept the 2000 Federal Block
Grant Funds, the Council does, for and on behalf of the City of Livonia,
accept the 2000 Federal Block Grant Funds in the amount of $56,749 00,
the same to be deposited in and credited to Account No 223-793-558-080
along with the Police Department's required matching funds in the amount
of $6,305 00
CR 870-00 RESOLVED, that having considered the report and
recommendation of the Chief of Police, dated November 16, 2000, which
bears the signature of the Director of Finance and is approved for
submission by the Mayor, the Council does hereby authorize the
purchase of a bullet containment system for the Police Department from
Range System by Renew Resources, Inc , 5121 Winnetka Avenue N
Suite 200A, New Hope, Minnesota 55428, in the amount of $381,000 00,
FURTHER, the Council does hereby appropriate an additional sum in the
amount of $7,000 00 from the unexpended fund balance of the Federal
Forfeiture Fund (265) for this purpose, FURTHER, the Council does
hereby authorize the purchase of said item without competitive bidding
for the reasons indicated in the aforesaid communication, and such
action is taken in accordance with Section 3 04 140D4 of the Livonia
Code of Ordinances, as amended
CR 871-00 RESOLVED, that having considered the report and
recommendation of the Superintendent of Public Service and the Director
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of Public Works, dated November 9, 2000, which bears the signature of
the Director of Finance and is approved for submission by the Mayor,
which requests authorization to sell certain City vehicles and equipment as
listed in the aforesaid communication, and wherein the aforesaid vehicles
would be auctioned by Commercial Industrial Services, P 0 Box 220,
Clio, Michigan 48420, for a fee of 15% of the total sales, at the DPW Yard
located at 12973 Farmington Road, and said vehicles and equipment
would be sold in accordance with the procedure detailed in the aforesaid
communication, the Council does hereby concur in and approve of the
recommended action
CR 872-00 RESOLVED, that having considered a letter from the
Chairman of the Water and Sewer Board, dated November 15, 2000,
which bears the signature of the Director of Finance and is approved for
submission by the Mayor, wherein it is requested that Council Resolution
238-00 be amended to approve an adjustment in the amount of$2,000 00
for two van shelving units for two full-size vans purchased under State
contract, the Council does hereby amend and revise Council Resolution
238-00 so as to have the same read as follows
RESOLVED, that having considered the report and recommendation of
the Superintendent of Public Service and the Director of Public Works,
dated March 6, 2000, which bears the signature of the Director of
Finance and is approved for submission by the Mayor, the Council
does hereby authorize the purchase of the following vehicles from
Snethkamp's Lansing Dodge, 6131 South Pennsylvania Avenue,
Lansing, Michigan 48911
1 One (1) 2000 Dodge Van, Model AB2L12, in the amount of
$15,833.28, including delivery, to be assigned to the Public Service
Division (Building Maintenance Section), the same to be expended
from funds already budgeted for this purpose in Equipment
Maintenance Capital Outlay Account No 101-446-985-000, and
2 Two (2) 2000 Dodge Vans, Model AB2L12, in the amount of
$17,083.28 each, including delivery, for a total cost of $34,166.56,
to be assigned to the Public Service Division (Water and Sewer
Maintenance Section), the same to be expended from funds
already budgeted for this purpose in Water and Sewer Maintenance
Account No 592-559-142-000,
FURTHER, the Council does hereby determine to authorize the
said purchases without competitive bidding inasmuch as the same
is based upon the low State of Michigan bid price (under Contract
No 071B0000146), as well as for the additional reasons indicated
in the aforesaid communication, and such action is taken in
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accordance with the provisions set forth in Section 3 04 140D4 of
the Livonia Code of Ordinances, as amended
CR 873-00 RESOLVED, that having considered a request from
Councilmember Jack Engebretson, the Council does hereby refer the
matter of recent infractions by Waste Management of Michigan, Inc. (i.e.,
failure to pick up a home appliance and mixing leaves with regular solid
waste) to the Mayor for a report and recommendation
A roll call vote was taken on the foregoing resolutions with the following result:
AYES Vandersloot, Walsh, Pastor, Duggan, Laura, Engebretson and
Brosnan
NAYS None
A communication from the Engineering Division, dated November 30,
2000, re advising Council that an attached easement document relative to a lot split at
12735 Inkster Road was not executed, and suggesting a conditional approval upon
receipt of an executed document, was received and placed on file for the information of
the Council
On a motion by Vandersloot, seconded by Pastor, and unanimously
adopted, it was.
CR 874-00 RESOLVED, that having considered a communication from
the City Assessor, dated October 27, 2000, approved for submission by
the Mayor, with regard to a request from Mr Thomas Kochanek, Patty's
Enterprises, 12735 Inkster, Livonia, Michigan 48150, and in accordance
with the provisions of 1967 PA 288, as amended, as well as Section 18 46
of Ordinance 543, as amended, the Council does hereby approve of the
proposed division of Tax Item No 46-097-99-0011-005 into three (3)
parcels, the legal descriptions of which shall read as follows
Parcel A
Part of the Northeast 1/4 of Section 25, T 1 S , R.9 E , City of Livonia,
Wayne County, Michigan, more particularly described as beginning at a
point distant South 00 degrees 26 minutes 50 seconds East 1732 50 feet
from the Northeast corner of said Section 25 and proceeding thence South
00 degrees 26 minutes 50 seconds East 142 50 feet; thence North 89
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degrees 52 minutes 00 seconds West 374 42 feet; thence North 00
degrees 08 minutes 00 seconds East 142 49 feet; thence South 89
degrees 52 minutes 00 seconds East 372 98 feet to the point of beginning
Except the East 60 feet for road purposes and subject to easements of
record and a 21 00 foot wide easement for ingress and egress described
as beginning at a point distant South 00 degrees 26 minutes 50 seconds
East 1732 50 feet and North 89 degrees 52 minutes 00 seconds West
60 00 feet from the Northeast corner of said Section 25 and proceeding
thence South 00 degrees 26 minutes 50 seconds East 21 00 feet; thence
North 89 degrees 52 minutes 00 seconds West 693 07 feet; thence North
00 degrees 08 minutes 00 seconds East 21 00 feet; thence South 89
degrees 52 minutes 00 seconds East 692.86 feet to the point of beginning
Containing 1.23 acres Gross (1 03 Acres net)
Parcel B
Part of the Northeast 1/4 of Section 25, T 1 S , R.9 E , City of Livonia,
Wayne County, Michigan, more particularly described as beginning at a
point distant South 00 degrees 26 minutes 50 seconds East 1732 50 feet
and North 89 degrees 52 minutes 00 seconds West 372 98 from the
Northeast corner of said Section 25 and proceeding thence South 00
degrees 08 minutes 00 seconds East 142 49 feet; thence North 89
degrees 52 minutes 00 seconds West 156 45 feet; thence North 00
degrees 08 minutes 00 seconds East 142 49 feet; thence South 89
degrees 52 minutes 00 seconds East 156 45 feet to the point of
beginning Containing 0 51 acres Subject to easements of record and a
21 00 foot wide easement for ingress and egress described as beginning
at a point distant South 00 degrees 26 minutes 50 seconds East 1732 50
feet and North 89 degrees 52 minutes 00 seconds West 60 00 feet from
the Northeast corner of said Section 25 and proceeding thence South 00
degrees 26 minutes 50 seconds East 21 00 feet; thence North 89 degrees
52 minutes 00 seconds West 693 07 feet; thence North 00 degrees 08
minutes 00 seconds East 21 00 feet; thence South 89 degrees 52 minutes
00 seconds East 692 86 feet to the point of beginning
Parcel C
Part of the Northeast 1/4 of Section 25, T 1 S R.9 E , City of Livonia,
Wayne County, Michigan, more particularly described as beginning at a
point distant South 00 degrees 26 minutes 50 seconds East 1732 50 feet
and North 89 degrees 52 minutes 00 seconds West 529 43 from the
Northeast corner of said Section 25 and proceeding thence South 00
degrees 08 minutes 00 seconds East 142 49 feet, thence North 89
degrees 52 minutes 00 seconds West 223 43 feet; thence North 00
degrees 08 minutes 00 seconds East 142 49 feet; thence South 89
degrees 52 minutes 00 seconds East 223 43 feet to the point of
beginning Containing 0 73 acres Subject to easements of record and a
21 00 foot wide easement for ingress and egress described as beginning
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at a point distant South 00 degrees 26 minutes 50 seconds East 1732 50
feet and North 89 degrees 52 minutes 00 seconds West 60 00 feet from
the Northeast corner of said Section 25 and proceeding thence South 00
hal degrees 26 minutes 50 seconds East 21 00 feet; thence North 89 degrees
52 minutes 00 seconds West 693 07 feet; thence North 00 degrees 08
minutes 00 seconds East 21 00 feet; thence South 89 degrees 52 minutes
00 seconds East 692 86 feet to the point of beginning
as shown on the map attached to the aforesaid communication which is
made a part hereof by reference, and the City Clerk is hereby requested to
cause a certified copy of this resolution to be recorded in the Office of the
Wayne County Register of Deeds, PROVIDED, HOWEVER, that until a
variance is granted by the Zoning Board of Appeals as to every
nonconforming lot resulting from such split, none of said lots may be sold,
leased or transferred, and this approval is conditioned upon receipt of an
executed easement by Patty s Enterprises, signed on December 12, 1978
A communication from the Fire Chief, Department of Public Safety, dated
October 10, 2000 re proposed ordinance entitled "Child Helmet Safety Act", was
received and placed on file for the information of the Council (CR 568-00)
A communication from the Fire Chief, Department of Public Safety, dated
October 9, 2000, re review of language for a Model Mandatory Helmet Ordinance,
especially encouraging compliance with ordinance rather than enforcement, was
received and placed on file for the information of the Council (CR 569-00)
A communication from Mary Edwards, 17315 Fitzgerald, Livonia, 48152,
re adopting an ordinance requiring children to wear safety helmets while riding bicycles
was received and placed on file for the information of the Council
Nineteen letters from residents, some in support, some in opposition to a
proposed ordinance requiring mandatory wearing of helmets for those under age of 16
when bicycle riding, rollerblading or skateboarding, were received and placed on file for
the information of the Council
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The following residents spoke in support of a proposed mandatory helmet
use ordinance
Ralph Williams 18630 Foch
Patricia Smith 15935 Edgewood
Patrick Nalley 37674 Bristol Ct.
Larry Nasar 31014 MacKenzie, Westland
Anthony Marietti 13044 Fairway
Dianne Marietti 13044 Fairway
Alicia Douglas 29975 Minton
Dr Ash Gokli Chief of Emergency, St. Mary Hospital
Dianne Tedder 37674 Bristol Ct.
Mary Watson Representative from Providence Hospital
Elizabeth Wood 29230 Broadmoor
Mary Edwards 17315 Fitzgerald
Karen Eagen Representative from Livonia PTA Council
Bridgid Halton
Mary Bartkowiak 18147 Levan
John, Lynne, Danielle & Matthew
Jonathon Davis
Betty Davis 14122 Cavell
John DeFever 14469 Ellen
Al Tuller 34713 Northland
The following individual spoke in opposition of a proposed mandatory
helmet use ordinance
John Mansfield 8295 Honey Lane, Canton
On a motion by Engebretson, seconded by Duggan it was
RESOLVED, that having considered the report and
recommendation of the Legislative Committee, dated October 10, 2000,
submitted pursuant to Council Resolution 568-00, and a communication
from Robert and Betty Davis, 14122 Cavell, Livonia, Michigan 48154,
dated July 24, 2000, requesting the City to enact an ordinance
amendment that would require the use of helmets for bicycle riders and
rollerbladers who are under 16 years of age, the Council does hereby
refer the matter of requiring helmets on bicycle riders, rollerbladers and
skateboarders to the Department of Law to prepare an appropriate
ordinance amendment for submission to Council
At 9 13 p m the gavel was passed from Council President Brosnan to Council Vice-
President Vendersloot. Council President Brosnan spoke in support of a proposed
ordinance requiring mandatory wearing of helmets for those under age 16 when
bicycling, rollerblading and skateboarding
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A roll call vote was taken on the foregoing resolution with the following result:
AYES Duggan, Engebretson and Brosnan
NAYS Walsh, Pastor, Laura and Vandersloot
The Vice-President declared the resolution denied
On a motion by Engebretson, seconded by Pastor, it was
CR 875-00 RESOLVED, that having considered the report and
recommendation of the Legislative Committee, dated October 10, 2000,
submitted pursuant to Council Resolution 568-00, and a communication
from Robert and Betty Davis, 14122 Cavell, Livonia, Michigan 48154,
dated July 24, 2000, requesting the City to enact an ordinance -
amendment that would require the use of helmets for bicycle riders and
rollerbladers who are under 16 years of age, the Council does hereby
refer this subject to the Committee of the Whole, who will encourage the
State of Michigan to pass legislation relative to the Helmet Safety Act.
A roll call vote was taken on the foregoing resolution with the following result:
AYES Pastor, Duggan, Engebretson and Brosnan
NAYS Walsh, Laura and Vandersloot
The Vice-President declared the resolution duly adopted
On a motion by Pastor, seconded by Engebretson, it was
CR 876-00 RESOLVED, that having considered the report and
recommendation of the Legislative Committee, dated October 10, 2000,
submitted pursuant to Council Resolution 568-00, and a communication
from Robert and Betty Davis, 14122 Cavell, Livonia, Michigan 48154,
dated July 24, 2000, requesting the City to enact an ordinance
amendment that would require the use of helmets for bicycle riders and
rollerbladers who are under 16 years of age, the Council does hereby
refer this subject to the City Council/School Liaison Committee to work
with the Livonia School Board to explore implementing educational
programs relative to this matter
A roll call vote was taken on the foregoing resolution with the following result.
AYES Walsh, Pastor, Duggan, Engebretson, Brosnan and Vandersloot
NAYS Laura
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The Vice-President declared the resolution duly adopted
Larry Naser, member of the Livonia School Board, spoke to the Council and stated that
.. the School Board would be willing to work with the School Liaison Committee regarding
fikthe matter of instituting educational programs on the use of helmets for bicycling,
rollerblading and skateboarding
The gavel was returned to the Council President at 9 24 p m
A communication from the Inspection Department, dated November 13,
2000, re types of home businesses in Livonia, was received and placed on file for the
information of the Council (CR 399-98)
On a motion by Walsh, seconded by Laura, and unanimously adopted, it
was
CR 877-00 RESOLVED, that having considered the report and
recommendation of the Legislative Committee, dated November 14, 2000,
submitted pursuant to Council Resolution 139-98, and the report and
recommendation of the Department of Law, dated January 22, 1999,
submitted pursuant to Council Resolution 398-98, regarding the subject of
home businesses, the Council does hereby request that the Department of
Law prepare a proposed amendment to the zoning ordinance which would
establish additional restrictions in connection with home businesses as set
forth in the aforementioned report and recommendation dated January 22,
1999
A communication from the Department of Law, dated September 1, 2000
and a communication from the Personnel Director, Civil Service Department, dated
October 13, 2000, re amendment to the Retirement Ordinance regarding re-
employment of retirees by the City, were received and placed on file for the information
of the Council (CR 744-99, CR 142-00 and 143-00) It was noted that this item was to
remain in the Legislative Committee
On a motion by Walsh, seconded by Pastor, and unanimously adopted, it
was
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CR 878-00 RESOLVED, that having considered the report and
recommendation of the Legislative Committee, dated November 14, 2000,
submitted pursuant to Council Resolution 336-00, and a communication
from the Department of Law, dated April 19, 2000, regarding a proposed
amendment adding Section 17 09 to the Zoning Ordinance to permit
S D D and S D M licensed establishments as waiver uses within
manufacturing districts (Petition 00-4-6-2) in connection with a request
from Webvan Group, Inc., the Council does hereby determine to take no
further action with respect to this matter
A communication from Brian Wilson, Assistant Superintendent of Public
Service, re revision to the existing language contained in Chapter 13 36 560, Municipal
Refuse Disposal System, of the Livonia Code of Ordinances, with respect to the hours
of collection of garbage, rubbish and refuse in the City of Livonia, was received and
placed on file for the information of the Council (CR 451-00)
On a motion by Walsh, seconded by Pastor, and unanimously adopted, it
was
CR 879-00 RESOLVED, that having considered the report and
recommendation of the Legislative Committee, dated November 14, 2000,
submitted pursuant to Council Resolution 451-00, and the report and
recommendation of the Department of Law, dated September 12, 2000,
regarding a proposed amendment to Chapter 13 36, Municipal Refuse
Disposal System, in particular, Sections 13 36.230, 13 36 460 and
13 36 560 of the Livonia Code of Ordinances, as amended, with respect to
the maximum size and weight of garbage containers and receptacles and
the hours of collection, the Council does hereby request that the
Department of Law revise the proposed amendment to Chapter 13 36 of
the Livonia Code of Ordinances to include additional language regarding
trash collection time periods as recommended by the Department of
Public Works, the same to thereafter be submitted to Council for its
consideration
On a motion by Laura, seconded by Pastor, and unanimously adopted, it
was
CR 880-00 RESOLVED, that the Council having adopted resolution 146-
00 at its regular meeting held on February 23, 2000, requiring the City
Engineer to ascertain the assessed valuation of all property affected by
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the proposed street improvement of Concord Street between Stark Road
and a point 600 feet to the east in the Southeast 1/4 of Section 28, 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 therefore 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
December 7, 2000, 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 determine to take no further action on
this item due to the petitioner's request to withdraw from the proposed
improvement.
A communication from Carl Creighton, of Brashear, Tangora, Gallagher,
Creighton and Amann, LLP, re withdrawal of request for a Special Assessment District
on Concord Road east of Stark Road, was received and placed on file for the
information of the Council
A communication from the Engineering Division, dated December 7, 2000,
re two statements of cost, one showing property owners paying 100% of paving and
one showing property owners paying 85% of paving, relative to the proposed Concord
Road Special Assessment District, was received and placed on file for the information of
the Council
A communication from the Public Service Division, dated November 27,
2000, re comprehensive city-wide Pavement Improvement Program and some of the
proposed implementation tasks relative to this Program, was received and placed on file
for the information of the Council (CR 23-00)
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Councilmember Duggan left the podium at 9 42 p m due to a conflict of interest.
Councilmember Engebretson took from the table, for second reading
and adoption, the following Ordinance
AN ORDINANCE AMENDING SECTION 1 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 00-4-1-8)
A roll call vote was taken on the foregoing Ordinance with the following result:
AYES Vandersloot, Walsh, Pastor, Laura, Engebretson and
Brosnan
NAYS None
The President declared the foregoing Ordinance duly adopted, and would
become effective on publication
Councilmember Duggan returned to the podium at 9 43 p m
On a motion by Engebretson, seconded by Walsh, it was
CR 881-00 RESOLVED, that having considered a communication from
the City Planning Commission, dated November 3, 2000, which transmits
its resolution 11-197-2000, adopted on November 1, 2000, with regard to
a revision to Petition 83-1-2-1, submitted by Chi-Chi's Restaurant
requesting approval to amend a previously approved waiver use petition to
close off one of the driveways of the restaurant located at 29330
Schoolcraft Road in the Southwest 1/4 of Section 24, the Council does
hereby concur in the recommendation made by the City Planning
Commission and the requested amendment to Petition 83-1-2-1 is hereby
approved and granted, subject to the following conditions
1 That the request by Chi-Chi's to eliminate the easterly most
driveway off the access drive to the north of the restaurant, as
shown on the site plan received by the Planning Commission on
October 17, 2000, is hereby approved and shall be adhered to,
32692
2 That curbs and landscaping, equal to what is already along that
stretch of the access drive, shall be installed to the satisfaction of
the Inspection Department;
3 That all disturbed lawn areas shall be sodded in lieu of
hydroseeding,
4 That the petitioner shall correct to the Inspection Department's
satisfaction the following site deficiencies as outlined in the
correspondence dated October 25, 2000
that the inside of the dumpster area shall be cleaned up of any
debris and the enclosure gates shall be maintained and, when not
in use, closed at all times,
that the wooden screen around the electric transformers shall be
repaired and maintained,
that the entire parking lot shall be repaired, resealed and double
striped,
that the parking blocks along the south side of the parking area
shall be reset with proper fasteners,
that the entire site's landscaping and light poles shall be cleaned up
and maintained,
5 That all other conditions and requirements as set forth in Council
Resolution 224-83 shall be adhered to,
6 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
7 That a "No Thru Traffic" sign shall be installed at the Schoolcraft
entrance drive per the recommendation of the Traffic Bureau
A roll call vote was taken on the foregoing resolution with the following result:
AYES Vandersloot, Walsh, Pastor, Engebretson and Brosnan
NAYS Duggan and Laura
R
The President declared the resolution duly adopted
32693
Copies of checks paid to the City of Livonia for false alarm billing relative
to the property located at 29330 Schoolcraft Road, Chi-Chi's Restaurant, were received
and placed on file for the information of the Council (Petition 83-1-2-1)
A communication from the Inspection Department, dated December 1,
2000, re inspection of site conditions at Chi-Chi's Restaurant, 29330 Schoolcraft Road,
Livonia, was received and placed on file for the information of the Council (Petition 83-
1-2-1)
A communication from the Planning Department, dated November 28,
2000, re proposed removal of the easterly most driveway at Chi-Chi's Restaurant,
29330 Schoolcraft Road, was received and placed on file for the information of the
Council (Petition 83-1-2-1)
On a motion by Vandersloot, seconded by Engebretson, it was
Law CR 882-00 RESOLVED, that having considered a communication from
the City Planning Commission, dated November 3, 2000, which transmits
its resolution 11-198-2000, adopted on November 1, 2000, with regard to
a revision to Petition 85-2-8-1 submitted by Community Choice Credit
Union in order to expand the parking lot of the credit union located at
15420 Farmington Road in the Southwest 1/4 of Section 15, the Council
does hereby concur in the recommendation of the Planning Commission
and the revision to Petition 85-2-8-1 is hereby approved subject to the
following conditions
1 That the request by Community Choice Credit Union to expand their
parking lot, as shown on the Parking Area Layout plan marked Sheet
1 dated November 1, 2000, prepared by RC Nofs, Architect, is
hereby approved and shall be adhered to,
2 That this property's landscaping along the right-of-way of Farmington
Road shall be sodded, cleaned up and maintained to the satisfaction
of the Inspection Department;
3 That underground sprinklers are to be provided for all landscaped
and sodded areas, and all planted materials shall be installed to the
32694
satisfaction of the Inspection Department and thereafter permanently
maintained in a healthy condition,
4 That all disturbed lawn areas shall be sodded in lieu of hydroseeding,
5 That all other conditions and requirements as set forth in Council
Resolution 212-85 shall be adhered to,
6 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
7 That additional landscaping be installed in the "lawn area" shown in
the southwest corner of the site on the approved plan subject to the
approval of the Planning Director
A roll call vote was taken on the foregoing resolution with the following result:
AYES Vandersloot, Walsh, Duggan, Laura, Engebretson and Brosnan
NAYS Pastor
The President declared the resolution duly adopted
A representative for J & S Evangilista, Tom Fong, was present at the meeting and
lbw stated that he had met with residents adjacent to the subject property in Petition 00-5-1-
9, and they had reached an acceptable compromise involving buffer landscaping and a
conservation easement.
On a motion by Duggan, seconded by Walsh, it was
RESOLVED, that having considered a communication from
the City Planning Commission, dated August 3, 2000, which sets forth its
resolution 7-141-2000 adopted on July 25, 2000, with regard to Petition
00-5-1-9, submitted by J & S Evangelista Development Company, for a
change of zoning of property located on the west side of Farmington Road
between Orangelawn Avenue and Plymouth Road, in the Northeast 1/4 of
Section 33, from RUF to OS, and the Council having conducted a public
hearing with regard to this matter on Wednesday, November 15, 2000,
pursuant to Council Resolution 733-00, the Council does hereby refer this
matter to the Committee of the Whole for its report and recommendation
Councilmember Walsh withdrew his support on the foregoing resolution
Councilmember Duggan withdrew his motion on the foregoing resolution
32695
At the direction of the chair, Item #19, the rezoning of property on the west side of
Farmington Road between Orangelawn Avenue and Plymouth Road in the Northeast '
of Section 33 from RUF to OS, submitted by J & S Evangelista Development Company,
was postponed until the next Regular Meeting of the City Council on December 20,
2000 (Petition 00-5-1-9)
Councilmember Duggan left the podium at 10 01 p m due to a conflict of interest.
On a motion by Laura, seconded by Walsh, it was
CR 883-00 RESOLVED, that having considered a communication from
the City Planning Commission, dated August 30, 2000, which sets forth its
resolution 8-168-2000 adopted on August 29, 2000, with regard to Petition
00-5-1-10, submitted by Leo Soave Building Company, Inc., for a change
of zoning of property located south of Five Mile Road between Santa Anita
and Cavell Avenues, in the Northeast 1/4 of Section 24, from RUF to R-2,
and the Council having conducted a public hearing with regard to this
matter on Wednesday, November 15, 2000, pursuant to Council
Resolution 723-00, the Council does hereby approve Petition 00-5-1-10
for preparation of the ordinance for submission to Council, and the City
Planner is hereby instructed to cause the necessary map for publication to
be prepared indicating the zoning change herein approved and to furnish
the same to the Department of Law and, upon receipt of such map, the
Department of Law is requested to prepare an ordinance amending
Ordinance 543, as amended, in accordance with this resolution
A roll call vote was taken on the foregoing resolution with the following result:
AYES Walsh, Pastor, Laura, Engebretson and Brosnan
NAYS Vandersloot
The President declared the foregoing resolution duly adopted
Councilmember Duggan returned to the podium at 10 03 p m
Councilmember Walsh left the podium at 10 04 p m
On a motion by Duggan, seconded by Pastor, it was
CR 884-00 RESOLVED, that having considered a communication from
the City Planning Commission, dated August 30, 2000, which sets forth its
resolution 8-162-2000 adopted on August 29, 2000, with regard to Petition
00-5-6-3, submitted by the City Planning Commission, pursuant to Council
Resolution 164-98, to determine whether or not to amend Article XVIII,
Section 18 47, Special Area Development Control, of the Zoning
32696
Ordinance so as to include the area surrounding Millennium Park in a new
control zone in portions of Sections 23, 24, 25 and 26, and the Council
having conducted a public hearing with regard to this matter on
Wednesday, November 15, 2000, pursuant to Council Resolution 724-00,
the Council does hereby approve Petition 00-5-6-3 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
A roll call vote was taken on the foregoing resolution with the following result:
AYES Vandersloot, Pastor, Duggan, Laura, Engebretson and Brosnan
NAYS None
The President declared the resolution duly adopted
On a motion by Engebretson, seconded by Duggan, it was
CR 885-00 RESOLVED, that having considered a communication from
the City Planning Commission, dated August 30, 2000, which sets forth its
resolution 8-163-2000 adopted on August 29, 2000, with regard to Petition
00-5-6-4, submitted by the City Planning Commission, pursuant to Council
Resolution 351-00, to determine whether or not to amend Article XXVII,
Section 27 10 and Section 27 09A of the Zoning Ordinance as to enclosed
togs
parking standards in the R-8 and R-8C zoning districts, and the Council
having conducted a public hearing with regard to this matter on
Wednesday, November 15, 2000, pursuant to Council Resolution 724-00,
the Council does hereby approve Petition 00-5-6-4 for preparation of the
ordinance for submission to Council, and the Department of Law is
requested to prepare an ordinance amending Ordinance 543, as
amended, in accordance with this resolution
A roll call vote was taken on the foregoing resolution with the following result:
AYES Vandersloot, Pastor, Duggan, Laura, Engebretson and Brosnan
NAYS None
The President declared the resolution duly adopted
Councilmember Walsh returned to the podium at 10 06 p m
At the direction of the chair, Item #23, a Telecommunications Permit Application
submitted by MCI Metro Access Transmission Services, LLC to place cable along major
roads in the City of Livonia, was postponed to the next Regular Council Meeting of
December 20, 2000
32697
A communication from Worldcom, dated December 4, 2000, re two
possible routes that could be followed to place cable along major roads in the City of
Livonia relative to a telecommunications permit application on behalf of MCI Metro
Access Transmission Services, LLC, was received and placed on file for the information
of the Council (CR 770-00)
On a motion by Walsh, seconded by Duggan, and unanimously adopted,
it was
CR 886-00 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 No 62,
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 Elring Klinger of North America,
Inc., 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, November 29,
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, Elring Klinger of North America, Inc , 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
32698
2 That the City Council hereby approves the Application for Industrial
Facilities Exemption Certificate from Elring Klinger of North
America, Inc., covering new industrial facilities to be located within
the City of Livonia Industrial Development District No 62 for 12
years
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
City 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 Duggan, seconded by Engebretson, it was
RESOLVED, that having considered a communication from
the City Planning Commission, dated September 20, 2000, which sets
forth its resolution 9-172-2000 adopted on September 19, 2000, with
regard to 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, and the Council having
conducted a public hearing with regard to this matter on Wednesday,
November 29, 2000, pursuant to Council Resolution 749-00, the Council
does hereby refer this matter to the Committee of the Whole for its report
and recommendation
Councilmember Engebretson withdrew his support for the foregoing resolution
Councilmember Duggan withdrew his motion for the foregoing resolution
A preliminary site plan for James Towne Condominiums submitted by
Arpee/ Donnan, Inc., dated December 7, 2000 re relocation of trash enclosure,
was received and placed on file for the information of the Council (Petition 00-6-1-
13)
32699
A communication from the Planning Department, dated December 6,
2000, re five alternative design concepts utilizing the existing R-1 zoning, was
received and placed on file for the information of the Council (Petition 00-6-1-13)
An e-mail communication from Troy Buono, 15440 Foch Avenue, Livonia,
dated December 5, 2000, re the rezoning of property located on the north side of Five
Mile Road between Foch Avenue and Green Lane, submitted by Joseph Trupiano,
stating his position on better ways to utilize this property, was received and placed on
file for the information of the Council (Petition 00-6-1-13)
Joseph Trupiano, petitioner for rezoning property on north side of Five
Mile between Foch Avenue and Green Lane, spoke to the Council re approval of this
petition (Petition 00-6-1-13)
Jason Councilman, 15365 Green Lane, Livonia, spoke to the rezoning of
property on Five Mile between Foch Avenue and Green Lane, and stated that the
residents have received no notice of any other options than what has been proposed in
the petition (Petition 00-6-1-13)
On a motion by Engebretson, seconded by Laura, it was
CR 887-00 RESOLVED, that having considered a communication from
the City Planning Commission, dated September 20, 2000, which sets
forth its resolution 9-172-2000 adopted on September 19, 2000, with
regard to 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, and the Council having
conducted a public hearing with regard to this matter on Wednesday,
November 29, 2000, pursuant to Council Resolution 749-00, the Council
does hereby approve Petition 00-6-1-13 for preparation of the ordinance
for submission to Council, and the City Planner is hereby instructed to
cause the necessary map for publication to be prepared indicating the
zoning change herein approved and to furnish the same to the
Department of Law and, upon receipt of such map, the Department of Law
is requested to prepare an ordinance amending Ordinance 543, as
amended, in accordance with this resolution
A roll call vote was taken on the foregoing resolution with the following result:
32700
AYES Vandersloot, Walsh, Pastor, Laura, Engebretson and Brosnan
NAYS Duggan
The President declared the resolution duly adopted
On a motion by Pastor, seconded by Laura, and unanimously adopted, it
was
CR 888-00 RESOLVED, that having considered a communication from
the City Planning Commission, dated September 20, 2000, which sets
forth its resolution 9-172-2000 adopted on September 19, 2000, with
regard to 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, and the Council having
conducted a public hearing with regard to this matter on Wednesday,
November 29, 2000, pursuant to Council Resolution 749-00, the Council
does hereby refer the matter of water problems and current drainage in
the area surrounding the subject property to the Engineering Division for
its report and recommendation
On a motion by Duggan, seconded by Pastor, and unanimously adopted,
it was
CR 889-00 RESOLVED, that the Council does hereby amend and revise
Council Resolution 786-99 so as to have the same read as follows
RESOLVED, that having considered a communication from the City
Planning Commission, dated October 21, 1999, which transmits its
resolution 10-183-99, adopted on October 19, 1999, with regard to
Petition 99-5-2-19, submitted by Shkelzen Kapidani, requesting
waiver use approval to operate a carry-out/sit-down restaurant with
30 seats to be located within an existing building on the north side of
Joy Road between Newburgh and Hix Roads in the Southeast 1/4 of
Section 31, which property is zoned C-1, the Council does hereby
concur in the recommendation made by the City Planning
Commission and Petition 99-5-2-19 is hereby approved and granted
On a motion by Duggan, seconded by Pastor, and unanimously adopted,
it was
32701
CR 890-00 RESOLVED, that having considered a communication from
the City Planning Commission, dated September 20, 2000, which sets
forth its resolution 9-174-2000 adopted on September 19, 2000, with
regard to 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, and the Council having
conducted a public hearing with regard to this matter on Wednesday,
November 29, 2000, pursuant to Council Resolution 749-00, the Council
does hereby refer this matter to the Committee of the Whole for its report
and recommendation
On a motion by Duggan, seconded by Pastor, and unanimously adopted,
it was.
CR 891-00 RESOLVED, that the Council does hereby refer the subject
of the background and history of restaurant seating limitations in C-1
districts and whether any change in the zoning ordinance should be made
to the Department of Law for its report and recommendation
On a motion by Vandersloot, seconded by Duggan, and unanimously
Air adopted, it was
CR 892-00 RESOLVED, that having considered a communication from
the Director of Community Resources, dated November 8, 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 donations in the amount of $11,378 50 from the
contributors set forth in the attachment; FURTHER, the Council does
hereby appropriate the amount of $11,378 50 for use in the Senior
Citizens Program, the same to be deposited and credited to Account No
702-000-285-216 for this purpose
On a motion by Laura, seconded by Pastor, and unanimously adopted, it
was
CR 893-00 RESOLVED, that having considered a communication from
the Director of Community Resources, dated November 22, 2000,
approved for submission by the Mayor, the Council does hereby refer the
subject of the Civic Park Senior Center renovation to the Capital
Improvement Committee for its report and recommendation
On a motion by Walsh, seconded by Laura, and unanimously adopted, it
32702
was.
CR 894-00 WHEREAS, an Installment Purchase Agreement (the
"Agreement") between the City of Livonia (the "City") and Printrak
International Inc. ("Printrak") (the "Vendor") and Comerica Bank, (the
"Bank") for the purchase, delivery and installation of public safety
hardware and software information products, as set forth in the Vendor's
Quotation and in a certain Sales and Installation Agreement between the
City and Printrak (the "Equipment") has been prepared, and
WHEREAS, the purchase and installation price of the Equipment is
$1,914,830 (the "Total Purchase Price"), and
WHEREAS, the City will pay the sum of $14,830 in cash with the
remaining cost of the purchase and installation of the Equipment being
$1,900,000 (the "Purchase Price"), and
WHEREAS, pursuant to the Agreement, the City will pay the Purchase
Price in twelve (12) semi-annual installments, commencing on May 1,
2001, as will be specified in the Agreement (each, a "Payment Date"), with
interest payable thereon at a rate equal to 5 10% per annum, and
WHEREAS, the Agreement is to be assigned to the Bank; and
WHEREAS, it is necessary to approve the Agreement and authorize the
City's Mayor and Clerk to execute the Agreement and/or certain other
documentation relative thereto
NOW, THEREFORE, BE IT RESOLVED THAT
1 The Agreement is hereby approved substantially in the form on file
with the City Clerk. The City shall incur the debt described in the
Agreement through execution of the Agreement by the officers
authorized below which debt shall consist of the $14,830 in cash to
be paid by the City and the Purchase Price of $1,900,000, which
Purchase Price shall be payable in twelve (12) semi-annual
installments with interest thereon at a rate of 5 10% per annum The
installments of interest shall be payable semi-annually, commencing
May 1, 2001 and installments of principal shall be payable semi-
annually commencing May 1, 2001
2 The Mayor and City clerk are hereby authorized and directed to
execute the Agreement and deliver it to the Vendor, substantially in
the form on file with the City Clerk with such additions, changes and
modifications as shall be approved by the City's Bond Counsel
32703
3 The useful life of the Equipment is hereby determined to be not less
than ten (10) years
4 The Mayor, City Clerk and Finance Director are hereby directed and
authorized to execute such additional documentation as shall be
necessary to effectuate the closing of the Agreement and the
assignment thereof
5 The assignment of the Agreement by the Vendor to the Bank is
hereby approved
6 The City hereby agrees to include in its budget for each year
commencing with the current fiscal year, a sum that will be sufficient
to pay the principal of and interest on the Agreement coming due
before the next fiscal year In addition, the City hereby pledges to
levy ad valorem taxes on all taxable property in the City each year in
an amount necessary to make its debt service payments under the
Agreement, subject to applicable constitutional, statutory and charter
tax rate limitations
7 The City hereby designates its obligations under the Agreement as
"qualified tax-exempt obligations" for purposes of deduction of
interest expense by financial institutions pursuant to the Internal
Revenue Code of 1986, as amended (the "Code")
8 The City hereby covenants that, to the extent permitted by law, it
shall take all actions within its control necessary to maintain the
exemption of the interest on the obligations under the Agreement
from general federal income taxation (as opposed to alternative
minimum or other indirect taxation) under the Code, including but not
limited to, actions relating to the rebate of arbitrage earnings, if
applicable, and the expenditure and investment of proceeds of the
Agreement and moneys deemed to be proceeds
9 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 Walsh, seconded by Pastor, and unanimously adopted, it
was
CR 895-00 RESOLVED, that having considered a communication from
the Department of Law, dated November 14, 2000, approved for
submission by the Mayor, transmitting for Council acceptance a Warranty
32704
Deed executed by Sam Baki, Baki Unique Home Builders and Developers,
Inc , conveying to the City certain property described as follows
That part of the Southwest 1/4 of Section 4, T 1 S , R. 9 E ,
City of Livonia, Wayne County, Michigan, described as
beginning at a point distant South 00 degrees 10 minutes 55
seconds West, 1,163 57 feet and South 89 degrees 59
minutes 37 seconds West, 33 00 feet from the center of
Section 4 and proceeding thence South 89 degrees 59
minutes 37 seconds West, 10 00 feet; thence South 00
degrees 10 minutes 55 seconds West, 165 00 feet; thence
North 89 degrees 59 minutes 37 seconds East, 10 00 feet;
thence North 00 degrees 10 minutes 55 seconds East, 165 00
feet to the point of beginning 0 04 acres. Property Number
015-99-0014-001 (Gill Road Right-of-way),
the Council does hereby, for and in behalf of the City of Livonia, accept
the aforesaid Warranty Deed, and the City Clerk is hereby requested to
have the same recorded in the Office of the Register of Deeds and to do
all other things necessary or incidental to fulfill the purpose of this
resolution
On a motion by Pastor, seconded by Duggan, it was
CR 896-00 RESOLVED, that having considered a communication from
the Department of Law, dated December 1, 2000, 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 Zain v City of Livonia
A roll call vote was taken on the foregoing resolution with the following result:
AYES Vandersloot, Walsh, Pastor, Duggan, Laura, Engebretson, and
Brosnan
NAYS None
The President declared the foregoing resolution duly adopted
Councilmember Laura complimented Council President Brosnan for having chaired a
good and productive meeting
32705
On a motion by Duggan, seconded by Pastor, and unanimously adopted,
this 1,430th Regular Meeting of the Council of the City of Livonia was adjourned at 10.35
p m , December 11, 2000
Jo McCotter, City Clerk