HomeMy WebLinkAboutCOUNCIL MINUTES 1999-11-22 31987
MINUTES OF THE ONE THOUSAND FOUR HUNDRED FIFTH
REGULAR MEETING OF NOVEMBER 22, 1999
On November 22, 1999, the above meeting was held at the City Hall,
33000 Civic Center Drive, Livonia, Michigan, and was called to order by the President of
the Council at 8 00 p m Councilmember Duggan delivered the invocation
Roll was called with the following result: Brian Duggan, Joe Laura,
Maureen Miller Brosnan, John J Walsh, John R Pastor, and Jack Engebretson
Absent: Val I Vandersloot - vacation
Elected and appointed officials present: Jack E Kirksey, Mayor; Robert
Schron, City Engineer; Mark Taormina, City Planner; Sean Kavanagh, City Attorney,
Robert Beckley, Director of Public Works, Brian Wilson, Assistant Superintendent of
Public Service, Ron Reinke, Superintendent of Parks & Recreation, Jeff Bryant,
Economic Development Director; Joan McCotter, City Clerk and Ian Wilshaw, Traffic
Commission
On a motion by Duggan, seconded by Brosnan, and unanimously
adopted, it was
#794-99 RESOLVED, that the minutes of the 1,404th Regular Meeting
of the Council held November 10, 1999 are hereby approved as submitted
During an audience communication, Rita McCotter, 18430 Golfview,
presented a request to erect signs for St. Edith's School Holiday Gift Bazaar to be held
on December 5, 1999
On a motion by Laura, seconded by Duggan and unanimously adopted, it
was
#795-99 RESOLVED, that having considered a letter from Rita
McCotter, 18430 Golfview, on behalf of the St Edith Accelerated Program,
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dated November 19, 1999, requesting permission to place signs
announcing their Holiday Gift Bazaar to be conducted on Sunday,
December 5, 1999, which signs are to be 22" x 25" in size and which will be
displayed from November 28, 1999, through December 8, 1999, at the
following intersections
Five Mile and Newburgh
Six Mile and Newburgh
Five Mile and Levan
Six Mile and Farmington
Five Mile and Merriman
Six Mile and Wayne
Levan and Schoolcraft
Eight Mile and Newburgh
Plymouth and Newburgh
Plymouth and Middlebelt
the Council does hereby approve and grant this request in the manner and
form herein submitted
City Clerk Joan McCotter presented a Certificate of Recognition to John
Blair for his many years of service as Elections Inspector at Precinct 15A
Councilmember Walsh wished his son, Jack, a Happy 1st Birthday, and
also welcomed home his sister, Cathy, who is from California
Council President Engebretson announced that the Friends of Greenmead
will be holding their Christmas Walk on Saturday, December 4, 1999, and tickets are
available at the Civic Center Library and Greenmead
A communication from the Engineering Department, dated November 19,
1999 re the status of the Rosedale Gardens Paving Project, was received and placed
on file for the information of the Council (CR 575-99)
On a motion by Duggan, seconded by Pastor, and unanimously adopted,
it was
#796-99 RESOLVED, that having considered a letter from the City
Clerk, dated November 15, 1999, and a subsequent communication dated
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November 18, 1999, in accordance with the provisions of Section 30a of
1963 PA 65 (MCLA 168 30a), as amended, the Council does hereby
reappoint Margaret Gray, 9840 Berwick, Livonia, Michigan 48150, as the
Republican member of the Board of Canvassers of the City of Livonia for a
term expiring December 31, 2003, FURTHER, in the event of illness or
absence of this member, the City Clerk is hereby authorized to appoint a
temporary member to serve on the Board of Canvassers in accordance
with the provisions of Section 30g of 1963 PA 65 (MCLA 168 30g), as
amended
A communication from the Office of the City Clerk, dated November 18,
1999, re the appointment of Mr Eric Stempien as a Democratic Member to the Board
of Canvassers in lieu of Ms Amy Juntunen, was received and placed on file for the
information of the Council
Councilmember Brosnan introduced Mr Eric Stempien to the City Council members
#797-99 RESOLVED, that having considered a letter from the City
Clerk, dated November 15, 1999, and a subsequent communication,
dated November 18, 1999, in accordance with the provisions of Section
30a of 1963 PA 65 (MCLA 168 30a), as amended, the Council does
hereby appoint Eric Stempien, 14443 Ronnie Lane, Livonia, Michigan
48154, as the Democratic Member of the Board of Canvassers of the
City of Livonia for a term expiring December 31, 2003, provided that Mr
Stempien takes the oath of office as required in Chapter X, Section 2 of
the City Charter, to be administered by the City Clerk, FURTHER, in the
event of illness or absence of this member, the City Clerk is hereby
authorized to appoint a temporary member to serve on the Board of
Canvassers in accordance with the provisions of Section 30g of 1963
PA 65 (MCLA 168 30g), as amended
A communication from the Department of Public Safety — Livonia Fire
and Rescue, dated October 26, 1999, - Administrative Response to CR 711-99 — re
violations compliance at B J 's of Michigan, 36000 Seven Mile Road, was received and placed
on file for the information of the Council
#798-99 RESOLVED, that having considered a letter from the
Michigan Liquor Control Commission, dated July 30, 1999, and a report
and recommendation from the Acting Chief of Police, dated October 28,
1999, approved for submission by the Mayor, the Council does hereby
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approve of the request from Al sad Corporation for transfer of ownership of
a 1999 SDM License from Stark Pizza & Party Shoppe, Inc. for a business
located at 34395 Plymouth Road, Livonia, Michigan, Wayne County; and
the City Clerk is hereby requested to forward a certified copy of this
resolution to the Michigan Liquor Control Commission
#799-99 RESOLVED, that having considered a communication from
the Director of Public Works and the City Engineer, dated October 25,
1999, which bears the signature of the Director of Finance and is
approved for submission by the Mayor, requesting an additional
appropriation for costs attributable to the clean-up of contaminated water
and soils found while removing underground storage tanks at the City of
Livonia Police and Public Works Departments, which project was
previously authorized pursuant to Council Resolution 749-98, the Council
does hereby appropriate and authorize the expenditure of the additional
sum of$73,399 73 from the Unexpended Fund Balance of the Refuse
Fund for this purpose for the reasons outlined in the aforesaid
communication
#800-99 WHEREAS, Livonia Industrial Center has applied for a
permit from Wayne County to vacate and abandon the Livonia Drain
(County) Drain between Hartel and Deering within the proposed Livonia
Industrial Center consisting of 113 acres, and
WHEREAS, Livonia Industrial Center will make the necessary
applications and pay applicable permit and cash bond fees and agree
to the conditions applicable, and
WHEREAS, it is necessary for the City of Livonia to co-apply for the
permit to vacate and abandon the Livonia Drain (County) Drain
between Hartel and Deering, and
WHEREAS, the Livonia Drain No 1 Extension is completed, and the
open portion of Livonia Drain between Hartel and Deering under the
jurisdiction of the Wayne County Drain Commissioner is no longer
necessary or conducive to the public health, convenience or welfare of
the City of Livonia,
BE IT FURTHER RESOLVED, that the Livonia Industrial Center
developers be advised to contact the Wayne County Department of
Public Services, Permit Division, for permits to fill the drain in the
approved manner and method of construction without any cost to the
City of Livonia,
BE IT FURTHER RESOLVED, that the Director of the Livonia
Department of Public Works is authorized to sign an agreement on
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behalf of the City of Livonia, Wayne County and the Livonia Industrial
Center developers pertaining to the vacation and abandonment of the
existing drain and any recorded or implied easements in connection
with this portion of the drain and the lands to be added to the drainage
district that is consistent with the terms and conditions of this resolution
#801-99 RESOLVED, that having considered a request from
Councilmember Maureen Miller Brosnan, the Council does hereby refer
the matter of City Council committee assignments for the period January
1, 2000 to December 31, 2001 to the Committee of the Whole for its report
and recommendation
#802-99 RESOLVED, that having considered a communication from
the Council President, dated October 29, 1999, to which is attached a
proposed schedule of Council Study and Regular Meetings for the period
January 1, 2000, through December 31, 2000, the Council does hereby
approve the following dates for City Council meetings for 2000, subject to
change with notice
Study Meetings Regular Meetings
JANUARY
Wednesday, January 5 Wednesday, January 12
Wednesday, January 19 Wednesday, January 26
FEBRUARY
Monday, January 31 Wednesday, February 9
Monday, February 14 Wednesday, February 23
MARCH
Monday, February 28 Wednesday, March 8
Wednesday, March 15 Wednesday, March 22
APRIL
Monday, March 27 Wednesday, April 5
Monday, April 10 Wednesday, April 19
MAY
Monday, April 24 Wednesday, May 3
Monday, May 8 Wednesday, May 17
JUNE
Monday, May 22 Monday, June 5
Wednesday, June 7 Wednesday, June 14
JULY
Monday, June 26 Wednesday, July 5
Monday, July 10 Wednesday, July 19
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AUGUST
Wednesday, August 9 Monday, August 16
Monday, August 21 Monday, August 30
SEPTEMBER
Wednesday, September 6 Wednesday, September 13
Monday, September 18 Wednesday, September 27
OCTOBER
Monday, October 2 Wednesday, October 11
Monday, October 16 Wednesday, October 25
NOVEMBER
Monday, October 30 Wednesday, November 8
Monday, November 13 Monday, November 20
DECEMBER
Monday, November 27 Monday, December 11
Wednesday, December 13 Wednesday, December 20
#803-99 RESOLVED, that having considered a communication from
the City Planning Commission, dated October 20, 1999, which transmits
its resolution 10-180-99 adopted on October 19, 1999, with regard to
Petition 99-9-GB-8 submitted by Parz Associates, on behalf of the
Plymouth Square Shopping Center, requesting to substitute a greenbelt
for the protective wall as outlined in Section 18 45 of Zoning Ordinance
No 543, as amended, for property located at 31153 Plymouth Road in the
Northwest 1/4 of Section 35, the Council does hereby refer this matter to
the Legislative Committee for its report and recommendation
#804-99 RESOLVED, that having considered a communication from
the City Planning Commission, dated October 20, 1999, which transmits
its resolution 10-179-99, adopted on October 19, 1999, with regard to
Petition 99-9-2-29, submitted by LaShish, Inc , requesting waiver use
approval to utilize a Class C License in connection with a full-service
restaurant proposed to be located within Newburgh Plaza on the south
side of Six Mile Road between Newburgh Road and Fitzgerald Avenue in
the Northwest 1/4 of Section 17, which property is zoned C-2, the Council
does hereby concur in the recommendation made by the City Planning
Commission and Petition 99-9-2-29 is hereby approved and granted,
FURTHER, the Council does hereby waive the 1,000 foot separation
requirement as set forth in Section 11 03(h) of Zoning Ordinance 543
A roll call vote was taken on the foregoing resolutions with the following result:
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AYES Duggan, Laura, Brosnan, Walsh, Pastor and Engebretson
NAYS None
Councilmember Duggan gave first reading to the following Ordinance
AN ORDINANCE AMENDING SECTION 10 03 OF
ARTICLE X AND SECTION 11 03 OF ARTICLE XI
OF ORDINANCE NO 543, AS AMENDED, KNOWN
AND CITED AS "THE CITY OF LIVONIA ZONING
ORDINANCE" (Petition 99-5-6-2, CR 655-99)
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 Department of Law, dated November 19, 1999,
re language changes requested by Council on the subject matter of a lengthened
compliance period and alcohol sales in connection with SDD licenses, was received and
placed on file for the information of the Council
A communication from the Inspection Department, dated November 18,
1999, re Greenbelt approval for Butcher Block, 20414 Farmington Road, Livonia, was
received and placed on file for the information of the Council
On a motion by Walsh, seconded by Duggan, and unanimously adopted, it
was
#805-99 RESOLVED, that having considered a communication from James
Martin, 18211 Pershing, Livonia, Michigan 48152, dated August 31, 1999, which
in accordance with the provisions of Section 19 08 of Ordinance No 543, as
amended, the Zoning Ordinance, takes an appeal from a determination made by
the City Planning Commission in its resolution 8-151-99 adopted on August 24,
1999, with regard to Petition 99-8-GB-4 submitted by James Martin requesting
approval to substitute a greenbelt for the protective wall as outlined in Section
18 45 of Ordinance No 543, as amended, for property located at 20414
Farmington Road in the Northwest 1/4 of Section 3, and the Council having
conducted a public hearing with regard to this matter on Monday, November 8,
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1999, pursuant to Council Resolution 638-99, the Council does hereby refer this
matter to the Legislative Committee for its report and recommendation
On a motion by Brosnan, seconded by Duggan, and unanimously
adopted, it was.
#806-99 WHEREAS, pursuant to Act No 198 of the Public Acts of
1974, as amended, this Council has the authority to establish industrial
development districts within the boundaries of the City of Livonia, and
WHEREAS, a proposal was made regarding the establishment of an
industrial development district encompassing land situated in the City of
Livonia and comprised of an area of approximately 4 983 acres lying in the
Northeast 1/4 of Section 25, more particularly described in Exhibit A,
attached hereto and incorporated by reference herein, which area is
hereinafter referred to as "City of Livonia Industrial Development District
No 78," and
WHEREAS, written notice has been given by certified mail to MascoTech
Forming Technologies-Livonia, a division of MascoTech, Inc., also known
as Hi-Vol Products, Inc , of the Council's pending action on this resolution
and of its right to a hearing on the establishment of proposed City of
Livonia Industrial Development District No 78, and
WHEREAS, notice has been given to all interested owners, residents and
taxpayers in the Livonia area of a public hearing on the establishment of
the proposed City of Livonia Industrial Development District No 78, and
WHEREAS, on Monday, November 8, 1999, a public hearing was held on
the establishment of proposed City of Livonia Industrial Development
District No 78, at which time MascoTech Forming Technologies-Livonia, a
division of MascoTech, Inc , also known as Hi-Vol Products, Inc , and
other taxpayers and residents of the City of Livonia had an opportunity to
be heard (a copy of the statements both written and oral made at such
hearing being on file with this City Council), and a representative of
MascoTech Forming Technologies-Livonia, a division of MascoTech, Inc ,
also known as Hi-Vol Products, Inc , attended said hearing and
acknowledged receipt of notice of such hearing on behalf of the said
corporation,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
LIVONIA, AS FOLLOWS
1 An Industrial Development District is hereby established, such
district to consist of the area described in Exhibit A, attached
hereto
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2 Such Industrial Development District is hereby designated as the
"City of Livonia Industrial Development District No 78 "
EXHIBIT A
That Part of the Northeast 1/4 of Section 25, Town 1 South, Range 9
East, described as beginning at a point on the East line of said
Section distant South 0 degrees, 26 minutes 50 seconds West,
820 0 feet from the Northeast corner of Section 25, and proceeding
thence South 0 degrees 26 minutes 50 seconds East along said
East line, 500 0 feet; thence North 89 degrees 52 minutes 20
seconds West, 494 56 feet; thence North 0 degrees 20 minutes 49
seconds West 500 0 feet; thence South 89 degrees 52 minutes 20
seconds East; 493 68 feet to the point of beginning, EXCEPT the
East 60 feet thereof, which was deeded to the Wayne County Board
of Road Commissioners Approximately 4 983 acres
On a motion by Brosnan, seconded by Laura, and unanimously
adopted, it was
#807-99 RESOLVED, that having considered a communication from
the Superintendent of Parks and Recreation, dated November 9, 1999,
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$50 00 worth of Halloween candy from
Jane Lutton, 24454 Annapolis, Dearborn, Michigan 48125, for distribution
to children participating in the Livonia Parks and Recreation Haunted Stroll
at the Wilson Barn
On a motion by Pastor, seconded by Brosnan, and unanimously adopted,
it was
#808-99 RESOLVED, that having considered a communication from
the Superintendent of Parks and Recreation, dated November 10, 1999,
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 a cash donation in the amount of$250 00 from Bill
Messerly, Black White & Color, Inc , 2232 East 14 Mile Road, Warren,
Michigan 48092, the same to be deposited in and credited to Account
#702-000-285-125 for use in the City of Livonia's recreational programs
On a motion by Laura, seconded by Pastor, and unanimously adopted, it
was
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#809-99 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
A communication from the Department of Public Works, Public Service
Division, dated November 8, 1999 re the Solid Waste Collection Contract Request for
Proposal, was received and placed on file for the information of the Council
A communication from the Department of Public Works, Public Service
Division, dated November 10, 1999, re new data addressed to "Attendees at Solid
Waste/Recycle RFP Review Meeting of November 4, 1999", was received and placed
on file for the information of the Council
A communication from the Department of Public Works, Public Service
Division, dated November 22, 1999, re the Solid Waste Contract— Request for
Extension and Review of the Request for Proposal, was received and placed on file for
the information of the Council
On a motion by Duggan, seconded by Laura, and unanimously adopted, it
was
#810-99 RESOLVED, that having considered a letter from Waste
Management dated November 22, 1999, the Council does hereby extend
the current contract with Waste Management for solid waste disposal
through April 2, 2000
On a motion by Duggan, seconded by Brosnan, and unanimously
adopted, it was
#811-99 RESOLVED, that having considered a letter from the
Department of Public Works, dated November 22, 1999, regarding the
deadline for receipt of proposals for the Solid Waste Contract for the City
of Livonia, the Council does hereby extend the submittal date to January
4, 2000, as well as the contract award date to January 26, 2000,
FURTHER, the Council does hereby amend the 18-month New Vehicle
Provision to provide for a 24-month New Vehicle Provision, and
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FURTHER, to maintain the April 3, 2000 start date for the new contract,
as outlined in said letter
On a motion by Duggan, seconded by Laura, and unanimously adopted, it
was
#812-99 RESOLVED, regarding the Solid Waste Contract and
questions raised as to who the major players responding to the City's
Request For Proposal are, as well as to who the major players in
Southeast Michigan are, the Council does hereby refer this matter to the
Department of Public Works for its report and recommendation
Councilmember Duggan wished a Happy Thanksgiving to all.
Councilmember Walsh thanked Jeff Bryant, Economic Development Manger, for his
work in retaining the presence of MascoTech Forming Technologies in the City of
Livonia.
On a motion by Duggan, seconded by Pastor, and unanimously adopted,
this 1405th Regular Meeting of the Council of the City of Livonia was adjourned at 8 37
p m , November 22, 1999
Ar 7/2i
Joan McCotter, City Clerk