HomeMy WebLinkAboutCOUNCIL MINUTES 1999-12-15 32014
MINUTES OF THE ONE THOUSAND FOUR HUNDRED SEVENTH
REGULAR MEETING OF DECEMBER 15, 1999
On December 15, 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 Brosnan delivered the invocation
Roll was called with the following result: Maureen Miller Brosnan, John J
Walsh, Val I Vandersloot, John R Pastor, Brian Duggan, Joe Laura and Jack
Engebretson
Absent: None
Elected and appointed officials present: Jack E Kirksey, Mayor; Robert
Schron, City Engineer; Mark Taormina, City Planner; Sean Kavanagh, City Attorney;
Linda McCann, Director of Community Resources, Karen Szymula, Director of
Legislative Affairs, Laura Toy, State Representative, Joan McCotter, City Clerk, Lowell
Peterson, Chairman of Cable Television Commission, Jeanne Treff, Administrative
Assistant — Cable, Community Resources, Ian Wilshaw, Traffic Commission, and the
entire Livonia Historical Commission
On a motion by Duggan, seconded by Pastor, it was
#838-99 RESOLVED, that the minutes of the 1,406th Regular Meeting
of the Council held December 6, 1999 are hereby approved as submitted
A roll call vote was taken on the foregoing resolution with the following result:
AYES Walsh, Vandersloot, Pastor, Duggan Laura and Engebretson
NAYS None
PRESENT Brosnan
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During audience communication, Councilmember Pastor gave tribute to
the "Sweet Dreams" Community Group of Farmington Hills This group went to a school
in Detroit and supplied food, clothes, and presents to 670 children He hoped that an
organization similar to this might be contemplated for Livonia
Councilmember Duggan wished Karen Szymula a "Happy Birthday"
Vice President Walsh recognized Jack Engebretson on his last night of
Council proceedings as the President He thanked him for his years of service as
Council President, for his leadership, fairness and consistency, and for his friendship
On behalf of the Council, he presented President Engebretson a gavel with his name
and years of service inscribed on it.
Council President Engebretson passed the gavel to Vice President Walsh
at 810 p m
State Representative Laura Toy presented Mr Engebretson with a tribute
from Lansing commemorating his years of service as President of the City Council
Mayor Kirksey thanked Mr Engebretson for his dedication, integrity and
long hours that he gave in service to the City of Livonia
Councilmember Brosnan expressed her thanks to Mr Engebretson for his
leadership, which was earmarked with civility, fairness and professionalism
Councilmember Pastor expressed to Mr Engebretson his appreciation for
what he did for the Council and the City of Livonia, and stated that he considered him a
"second father" He looks forward to serving two more years with him
Council President Engebretson then expressed his thanks to the Council
for their kind words, and also expressed his pride at being part of this team of City
officials and department heads
Vice President Walsh passed the gavel back to President Engebretson at
820 p m
A communication from the Engineering Division dated December 14,
1999, re the status of Rosedale Gardens Paving Project, was received and placed on
file for the information of the Council
On a motion by Laura, seconded by Brosnan, and unanimously adopted, it
was
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#839-99 RESOLVED, that on a request by Councilmember Laura
regarding the subject matter of the City's role in re-paving of streets, the
Council does hereby refer this matter to the Streets, Roads and Plats
Committee
On a motion by Pastor, seconded by Duggan, it was
#840-99 RESOLVED, that having considered a communication from
the City Assessor, dated November 15, 1999, approved for submission by
the Mayor, with regard to a request from Nagle Paving Company, 30630
Twelve Mile, Farmington Hills, Michigan 48018, and Alan Miller
Investments, 370 East Maple Road, Fourth Floor, Birmingham, Michigan
48009, 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
114 99 0017 000 into two (2) parcels, the legal descriptions of which shall
read as follows
PARCEL 1-A
That part of the Northwest 1/4 of Section 29, T 1 S , R 9 E , City of
Livonia, Wayne County, Michigan, more fully described as commencing at
the Northwest corner of said Section 29, thence S 89 degrees 28'10" E
1013 00 feet along the North line of said Section 29, Thence S 00 degrees
16' 03" W 1577 96 feet to the point of beginning, Thence S 89 degrees 28'
10" E 66 60 feet; thence N 00 degrees 16' 03" E 184 45 feet; thence N 39
degrees 43'47" E 6 65 feet; thence S 89 degrees 44'16" E 112 62 feet;
thence Northeasterly 106 85 feet along the arc of a 72 00 foot radius curve
to the left the chord of which bears N 47 degrees 44'59" E 97 31 feet;
thence northeasterly 28 65 feet along the arc of a 20 00 foot radius curve
to the right the chord of which bears N 46 degrees 16'49" E 26 27 feet;
thence N 87 degrees 19'24" E 19 04 feet; thence N 00 degrees 35'41" E
38 28 feet; thence S 89 degrees 28'10" E 28 00 feet; thence S 00 degrees
35'41" W 605 85 feet; thence southwesterly 247 76 feet along the arc of a
334 26 foot radius curve to the right, the chord of which bears S 77
degrees 28'35" W 242 13 feet; thence N 81 degrees 17' 20" W 82 62 feet;
thence N 00 degrees 16' 03" E 334 90 feet to the point of beginning
Containing 163,002 Sq Ft., 3 742 acres
PARCEL 1-B
That part of the Northwest '/4 of Section 29, T 1 S , R 9 E , City of
Livonia, Wayne County, Michigan, more fully described as commencing at
the Northwest corner of said Section 29, Thence S 89 degrees 28'10" E
1013 00 feet along the North line of said Section 29, thence S 00 degrees
16'03" W 1042 00 feet to the point of beginning, thence S 89 degrees
28'10" E 322 58 feet; thence S 00 degrees 35'41" W 222 06 feet, thence N
89 degrees 28'10" W 28 00 feet thence S 00 degrees 35'41" W 38 28 feet;
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thence S 87 degrees 19'24" W 19 04 feet; thence Southwesterly 28 65
° feet along the arc of a 20 00 foot radius curve to the left the chord of which
bears S 46 degrees 16'49" W 26 27 feet; thence Southwesterly 106 85
limor feet along the arc of a 72 00 foot radius curve to the right the chord of
which bears S 47 degrees 44'59" W 97 31 feet; thence N 89 degrees
44'16" W 112 62 feet; thence S 39 degrees 43'47" W 6 65 feet; thence S
00 degrees 16'03" W 184 45 feet; thence N 89 degrees 28'10" W 66 60
feet; thence N 00 degrees 16' 03" E 535 96 feet to the point of beginning
Together with and subject to a 30 00 foot wide easement for ingress and
egress across that part of the Northwest 1/4 of Section 29, T 1 S , R. 9 E
City of Livonia, Wayne County, Michigan, more fully described as
commencing at the Northwest corner of said Section 29, thence S 89
degrees 28'10" E 1013 00 feet along the North line of said Section 29,
thence S 00 degrees 16'03" W 1042 00 feet; thence S 89 degrees 28' 10"
E 237 42 feet to the point of beginning of said easement; thence S 89
degrees 28'10" E 30 00 feet; thence S 00 degrees 35'41" W 263 58 feet;
thence southwesterly 20 14 feet along the arc of a 20 00 foot radius curve
to the left the chord of which bears S 34 degrees 05'06" W 19 30 feet;
thence southwesterly 48 56 feet along the arc of a 72 00 foot radius curve
to the right the chord of which bears S 24 degrees 33'30" W 47 64 feet;
thence N 00 degrees 35' 41" E 323 32 feet to the point of beginning
Containing116,244 Sq Ft., 2 669 acres
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
#841-99 RESOLVED, that having considered a communication from
the City Assessor, dated November 29, 1999, which bears the signature
of the Director of Finance and is approved for submission by the Mayor,
and in accordance with Chapter VIII, Section 6 of the Charter of the City of
Livonia, the Council does hereby determine to approve the following dates
for the Board of Review to conduct Public Hearings in 2000, which Public
Hearings are to be conducted in the Conference Room of the City
Assessor on the first floor of the Livonia City Hall, 33000 Civic Center
Drive, Livonia, Michigan 48154
FIRST SESSION
Tuesday March 7, 2000 1 30 p m - 4 30 p m
Thursday March 9, 2000 9 00 a m - 12 00 p m 1 30 p m - 4 30 p m
Friday March 10, 2000 900 a m - 12 00 p m 1 30 p m - 4 30 p m
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Saturday March 11, 2000 9 00 a m - 1 00 p m
SECOND SESSION
Monday March 13, 2000 1 00 p m - 8 00 p m
Tuesday March 14, 2000 1 30 p m - 4 30 p m
Thursday March 16, 2000 9 00 a m - 12 00 p m 1 30 p m - 4 30 p m
FURTHER, the Council does hereby determine that the daily rate of
compensation to be paid to the members of the Board of Review shall be
$120 00 for the Chairperson and $100 00 for other members
Pursuant to Public Act No 165, Public Acts of 1971, we hereby give notice
that the following tentative ratios and multipliers will be used to determine
the State Equalized Value (S E V ) for the year 2000
CLASS RATIO S.E.V. FACTOR (MULTIPLIER)
Agricultural 50 00 1 0000
Commercial 50 00 1 0000
Industrial 50 00 1 0000
Residential 50 00 1 0000
Personal
#842-99 RESOLVED, that having considered a communication from
the City Planning Commission, dated November 29, 1999, which transmits
its resolution 11-200-99, adopted on November 23, 1999, with regard to
Petition 99-10-2-30, submitted by Charles Bou-Maroun requesting waiver
use approval to operate a carry-out dessert shop (Sweet Spot) with
customer seating in the New Five Village Plaza located on the south side
of Five Mile Road between Newburgh Road and Blue Skies Avenue in the
Northeast 1/4 of Section 19, which property is zoned C-1, the Council
does hereby concur in the recommendation made by the City Planning
Commission and Petition 99-10-2-30 is hereby approved and granted,
subject to a limitation on the maximum number of customer seats to be
provided of 12
#843-99 RESOLVED, that having considered a communication from
the Economic Development Manager, dated November 18, 1999, wherein
it is requested that Council Resolution 389-99 be amended, the Council
does hereby amend and revise council resolution 389-99 so as to have
the same read as follows
WHEREAS, the City Clerk has received an Application for Industrial
Facilities Exemption Certificate from General Motors Corporation, GM
Powertrain - Livonia Operations, dated March 24, 1999, covering new
industrial facilities to be located within City of Livonia Industrial
Development District No 2, and
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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 General Motors Corporation,
GM Powertrain - Livonia Operations, 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 ,
Monday, May 17, 1999, 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, General Motors Corporation, GM Powertrain - Livonia
Operations, finds and determines (a) that the granting of this
industrial facilities exemption certificate shall not have the effect of
substantially impeding the operation of the local governmental unit
or impairing the financial soundness of any taxing unit which levies
/ an ad valorem property tax in the local governmental unit in which
the facility is to be located, and (b) the applicant has fully complied
with the requirements of Section 9, Act No 198, P.A. 1974, as
amended
2 That the City Council hereby approves the Application for Industrial
Facilities Exemption Certificate from General Motors Corporation,
GM Powertrain - Livonia Operations covering new industrial
facilities to be located within the City of Livonia Industrial
Development District No 2 for 12 years upon completion of the
three (3) year construction period.
3 That in accordance with the requirements of Section 22, Act 198,
P.A. 1974, as amended, wherein a Letter of Agreement between
the Applicant and the City is required in order to clarify the
understanding and the commitment between the applicant and the
Board upon approval of an Industrial Facilities 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
Facilities Exemption Certificates
32020
#844-99 RESOLVED, that having considered a communication
from the Department of Law, dated November 17, 1999, which
bears the signature of the Director of Finance and is approved for
submission by the Mayor, submitted pursuant to Council Resolution
366-99, transmitting for Council acceptance a Warranty Deed dated
October 20, 1999, executed by Anchor Homes Corporation,
conveying to the City certain property described as follows
That part of Lot 752, Livonia Supervisors Plat No
12, T 1 S , R 9E , City of Livonia, Wayne County,
Michigan, as described in Liber 66, Page 65,
Wayne County Records, beginning at the Northeast
Corner and proceeding thence S 45°12'20" W ,
27 05 feet; thence N 48°23'25" W , 256 46 feet;
thence N 41°36'35" E , 27 00 feet, thence S
48°23'25" E along the northerly line of said lot
258 15 feet to the Point of Beginning 0 16 Acres
Property Number 126-01-0752-002 (36451 Ann
Arbor Trail)
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
#845-99 RESOLVED, that having considered the report and
recommendation of the Director of Public Works and the City Engineer,
dated November 22, 1999, which bears the signature of the Director of
Finance, is approved as to form by the City Attorney, and is approved for
submission by the Mayor, to which is attached a proposed agreement
between the City of Livonia, the Michigan Department of Transportation,
and Wayne County for the installation of a pre-signal system at Levan
Road and the CSX Railroad, the Council does hereby authorize the
Mayor and City Clerk, for and on behalf of the City of Livonia, to execute
this agreement in the manner and form herein submitted, with the
understanding that no monetary contribution is required from the City of
Livonia, and the City Clerk is hereby requested to forward a certified
copy of this resolution, together with the signed agreements, to the
Wayne County Department of Public Services, Division of Engineering
#846-99 RESOLVED, that having considered the report and
recommendation of the Superintendent of Public Service and the Director
of Public Works, dated December 6, 1999, which bears the signature of
the Director of Finance and is approved for submission by the Mayor, the
Council does hereby authorize B & V Construction, Inc , 48400 West
32021
Road, P 0 Box 930029, Wixom, Michigan 48393-0029, to provide snow
removal services for city streets during the 1999-2000 snow season for
snowfalls of over four (4") inches in accumulation and as authorized by the
Mayor, pursuant to the terms stated in the attached letter received on
November 30, 1999, FURTHER, the Council does hereby authorize the
said item without competitive bidding in accordance with Section
3 04 140D4 of the Livonia Code of Ordinances, as amended
#847-99 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,
February 7, 2000, at 7 00 p m at the city hall, 33000 Civic Center Drive,
Livonia, Michigan, with respect to the following item
Petition 99-9-6-4, submitted by the City Planning Commission,
pursuant to Council Resolution 608-99, and Section 23 01(a)
of Zoning Ordinance No 543, the Zoning Ordinance of the City
of Livonia, as amended, to determine whether or not to amend
Article II Section 2 03 of the Zoning Ordinance so as to provide
a specific definition of "major thoroughfare," the City Planning
Commission in its resolution 11-207-99 having recommended
to the City Council that Petition 99-9-6-4 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
#848-99 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,
REVISED
32022
February 7, 2000, at 7 00 p m at the City Hall, 33000 Civic Center Drive,
Livonia, Michigan, with respect to the following item
Petition 99-10-1-17, submitted by Leo Soave, for a change of
zoning of property located on the north side of Ann Arbor Trail
between Stark Road and Farmington Road in the Southeast
1/4 of Section 33, from RUF to R-1B, the City Planning
Commission in its resolution 11-204-99 having recommended
to the City Council that Petition 99-10-1-17 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 perform-
ance of this resolution
A roll call vote was taken on the foregoing resolutions with the following result:
AYES Brosnan, Walsh, Vandersloot, Pastor, Duggan, Laura and
Engebretson
NAYS None
A Draft Request for Proposal for Professional Consulting Services in the
development of a Cultural Resource Management Plan for Greenmead Historic Sites,
received at the Capital Improvement Committee of November 30, 1999, was received
and placed on file for the information of the Council
A communication from the Department of Community Resources, dated
December 12, 1999, re an in-house development of a Cultural Resource Management
Plan for Greenmead, and the expansion of the Alexander Blue House, was received
and placed on file for the information of the Council
32023
On a motion by Brosnan, seconded by Laura, and unanimously adopted, it
was
#849-99 RESOLVED, that having considered the report and
recommendation of the Capital Improvement Committee, dated November
30, 1999, submitted pursuant to Council Resolution 1143-96, regarding
the subject of Greenmead, the Council does hereby refer the subject of a
Cultural Resource Management Plan for the future development of
Greenmead to the Director of Community Resources for a report and
recommendation
A communication from the Department of Community Resources, dated
November 23, 1999, re the use of the Alexander Blue House as a Banquet Hall, as
well as a "Vision Statement" for Greenmead's future, prepared by the Historical
Commission, was received and placed on file for the information of the Council (CR
1143-96)
A communication from Karoub Associates, dated April 13, 1999, re grant
applications for monies for Greenmead, was received and placed on file for the
information of the Council
A communication from the Historical Commission, dated March 29, 1999,
re an addition to the Alexander Blue House, was received and placed on file for the
information of the Council (CR 23-99)
On a motion by Brosnan, seconded by Duggan, and unanimously
adopted, it was
#850-99 RESOLVED, that having considered the report and
recommendation of the Capital Improvement Committee, dated November
30, 1999, submitted pursuant to Council Resolution 91-96, in connection
with the Alexander Blue House renovation, the Council does hereby refer
the matter of developing and releasing a Request for Proposal for
architectural services for completion of the Alexander Blue House
renovation and possible expansion for meeting space to accommodate up
REVISED
32024
to 100 people, a warming kitchen and storage, to the Mayor for his report and
recommendation
A communication from the Inspection Department, dated November 19, 1999, re
the compliance of Violation #99-1256, 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.
#851-99 RESOLVED, that having considered the report and
recommendation of the Committee of the Whole, dated December 8, 1999,
submitted pursuant to Council Resolution 598-99, and letters from the Michigan
Liquor Control Commission, dated May 10, 1999, and a report and
recommendation from the Chief of Police, dated August 4, 1999, approved for
submission by the Mayor Pro Tern, the Council does hereby approve of the
request from Lebbos Enterprises, Inc for transfer of ownership of a 1999 SDM
License from Elias D Lebbos and Neaman Y Leobbos (Step 1) and request
from Valia, Inc to transfer ownership of a 1999 SDM License from Lebbos
Enterprises, Inc (Step 2) for a business located at 36274 Five Mile 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
Councilmember Brosnan gave first reading to the following Ordinance
AN ORDINANCE AMENDING SECTION 5-1805 OF
TITLE 5, CHAPTER 18 (THE METROVISION OF
LIVONIA, INC CABLE TELEVISION FRANCHISE
ORDINANCE) OF THE LIVONIA CODE OF
ORDINANCES, AS AMENDED
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
Councilmember Brosnan invoked the Emergency Clause and gave second
reading to the foregoing Ordinance and a roll call vote was taken thereon with the following
result:
AYES Brosnan, Walsh, Vandersloot, Pastor, Duggan Laura and
Engebretson
NAYS None
32024
to 100 people, a warming kitchen and storage, to the Mayor for his report
and recommendation
On a motion by Duggan, seconded by Pastor, and unanimously
adopted, it was
#851-99 RESOLVED, that having considered the report and
recommendation of the Committee of the Whole, dated December 8,
1999, submitted pursuant to Council Resolution 598-99, and letters from
the Michigan Liquor Control Commission, dated May 10, 1999, and a
report and recommendation from the Chief of Police, dated August 4,
1999, approved for submission by the Mayor Pro Tern, the Council does
hereby approve of the request from Lebbos Enterprises, Inc for transfer of
ownership of a 1999 SDM License from Elias D Lebbos and Neaman Y
Leobbos (Step 1) and request from Valia, Inc to transfer ownership of a
1999 SDM License from Lebbos Enterprises, Inc (Step 2) for a business
located at 36274 Five Mile 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
Councilmember Brosnan gave first reading to the following Ordinance
AN ORDINANCE AMENDING SECTION 5-1805 OF
TITLE 5, CHAPTER 18 (THE METROVISION OF
LIVONIA, INC CABLE TELEVISION FRANCHISE
ORDINANCE) OF THE LIVONIA CODE OF
ORDINANCES, AS AMENDED
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
Councilmember Brosnan invoked the Emergency Clause and gave
second reading to the foregoing Ordinance and a roll call vote was taken thereon with
the following result.
AYES Brosnan, Walsh, Vandersloot, Pastor, Duggan Laura and
Engebretson
NAYS None
32025
The President declared the foregoing Ordinance duly adopted, and would become
effective on publication
Councilmember Laura took from the table, for second reading and
adoption, the following Ordinance
AN ORDINANCE AMENDING SECTION 33 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 99-4-1-4)
(CR 657-99)
A roll call vote was taken on the foregoing Ordinance with the following result:
AYES Brosnan, Walsh, Vandersloot, Pastor, Duggan Laura and
Engebretson
NAYS None
The President declared the foregoing Ordinance duly adopted, and would become
effective on publication
Councilmember Duggan left the podium at 8 37 p m due to a conflict of interest.
Councilmember Laura took from the table, for second reading and adoption, the
following Ordinance
AN ORDINANCE AMENDING SECTION 33 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 99-6-1-8)
(CR 789-99)
A roll call vote was taken on the foregoing Ordinance with the following result:
AYES Brosnan, Walsh, Vandersloot, Pastor, Laura and
Engebretson
NAYS None
32026
The President declared the foregoing Ordinance duly adopted, and would become
effective on publication
Councilmember Duggan returned to the podium at 8 40 p m
Council President Engebretson recognized the presence of Stevenson High School
students in the audience
On a motion by Pastor, it was
RESOLVED, that having considered a communication from the City
Planning Commission, dated November 29, 1999, which transmits its
Resolution 11-211-99, adopted on November 23, 1999, with regard to
Petition 99-11-SN-11, submitted by Universal Sign Fabricators, on behalf
of National City Bank, requesting approval for signage for the office
building located at 29309 Six Mile Road in the northwest 1/4 of Section 18,
the Council does hereby concur in the recommendation of the Planning
Commission and hereby approves Petition 99-11-SN-11, subject to the
following conditions
1 That the Sign Package submitted by Universal Sign Fabricators,
dated September 16, 1999 and revised November 18, 1999,
together with the Plot Plan dated June 18, 1999, is hereby
approved with a brick base as shown, provided that the area of the
sign shall not exceed 10 sq ft.,
2 That this sign shall not be illuminated beyond one (1) hour after
midnight;
3 That the conditions specified in the Zoning Board of Appeals Case
#9910-131 shall be met; and
4 That any additional signage for this site shall come back before the
Planning Commission and City Council for their review and
approval
The President declared the motion denied for lack of support.
On a motion by Duggan, seconded by Vandersloot, it was
#852-99 RESOLVED, that having considered a communication from
the city Planning Commission, dated November 29, 1999, which transmits
its Resolution 11-211-99, adopted on November 23, 1999, with regard to
Petition 99-11-SN-11, submitted by Universal Sign Fabricators, on behalf
of National City Bank, requesting approval for signage for the office
32027
building located at 29309 Six Mile Road in the northwest 1/4 of Section
18, the Council does hereby concur in the recommendation of the
Planning Commission and hereby approves Petition 99-11-SN-11, subject
to the following conditions
1 That the Sign Package submitted by Universal Sign Fabricators,
dated September 16, 1999 and revised November 18, 1999,
together with the Plot Plan dated June 18, 1999, is hereby
approved with a brick base as shown, provided that the area of the
sign shall not exceed 20 sq ft.;
2 That this sign shall not be illuminated beyond one (1) hour after
midnight;
3 That the conditions specified in the Zoning Board of Appeals Case
#9910-131 shall be met; and
4 That any additional signage for this site shall come back before the
Planning Commission and City Council for their review and
approval
5 Petitioner shall lower the electrical box to a level below the brick
portion of the structure, and the box shall be imbedded in the brick
so that it is not visible
A roll call vote was taken on the foregoing resolution with the following result.
AYES Brosnan, Walsh, Vandersloot, Duggan, Laura and Engebretson
NAYS Pastor
The President declared the resolution duly adopted
Mr Joseph Woodley, representative from Universal Sign Fabricators, was present at
the meeting to answer questions of the Council
A communication from Universal Sign Fabricators, dated November 18,
1999, re revised drawings with three different sign packages for National City Bank,
was received and placed on file for the information of the Council
A communication from the Planning Commission, dated December 9,
1999, re the size of a sign located at the Amoco Gasoline Outlet at the northeast
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corner of Haggerty and Six Mile Roads, was received and placed on file for the
information of the Council (Petition 99-11-SN-11)
On a motion by Brosnan, seconded by Pastor, and unanimously adopted,
it was
#853-99 WHEREAS, the State Tax Commission is charged with the
proper administration of the laws governing assessments and the levying
of taxes in this state, and
WHEREAS, Article 9, Section 3 of the Michigan Constitution mandates
that the legislature provide for the uniform general ad valorem taxation of
tangible personal property, provide for the determination of the true cash
value of such personal property and provide the proportion of true cash
value at which such property shall be uniformly assessed, and
WHEREAS, by administrative fiat, the State Tax Commission has adopted
special composite multipliers that must be used in calculating the ad
valorem tax assessment of gas and electrical utility transmission and
distribution systems throughout the State of Michigan, and
WHEREAS, in violation of constitutional equal protection and uniformity in
taxation requirements, the adopted multipliers greatly undervalue the
taxable property of utility companies, and
WHEREAS, the special utility multipliers effectively grant Michigan utilities
millions of dollars in tax breaks that are unavailable to any other Michigan
citizens or businesses, and
WHEREAS, the special utility tax breaks reduce by over one hundred
million dollars the local revenues necessary to support essential services
provided by schools, community colleges, parks, public safety and other
units of local government; and
WHEREAS, the special utility tax breaks unfairly shift significant tax
burdens from utilities to other Michigan businesses and citizens, forcing
either increases in local taxes and/or severe reductions in educational,
recreational, public safety or other local governmental services, and
WHEREAS, it is estimated that application of the special utility multipliers
will cost the City of Livonia over $372,920 00 retroactively; and
WHEREAS, Court intervention is necessary to stop the ill-advised and
unconstitutional special utility tax break,
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NOW THEREFORE BE IT RESOLVED, that the City of Livonia hereby
endorses and pledges its support of the legal challenge to the Tax
Commission's action
BE IT FURTHER RESOLVED, that the City of Livonia authorizes its
counsel to join the challenge as a Party-Plaintiff
BE IT FURTHER RESOLVED, that the City of Livonia appropriates funds
in the amount of $2,000 00 to help offset legal costs and expenses
incurred in this challenge
BE IT FURTHER RESOLVED, that copies of this resolution be sent to
Governor John Engler, State Senator Thaddeus McCotter, State
Representative Laura M Toy, State Representative Gerald Law, the
Michigan Municipal League State and Federal Affairs Division, and the
Conference of Western Wayne
A communication from the Office of the Mayor, dated December 10, 1999,
re Community Briefing from a Tri-County Meeting held December 8, 1999 on the Utility
Tax Valuation by the Michigan Tax Commission, an invitation for the City to participate
in a court case, a request for financial support for this court case, and the adoption of
local resolutions to oppose the action of the State Tax Commission and demand
remedial action by the governor and/or legislature, was received and placed on file for
the information of the Council
A communication from the Department of Law, dated December 3, 1999,
re Administrative Response - the Solid Waste/Recycling Service Contract extension
with Waste Management of Michigan, Inc , was received and placed on file for the
information of the Council (CR 810-99)
On a motion by Brosnan, seconded by Pastor, and unanimously adopted,
it was
#854-99 RESOLVED, that having considered a communication from
the Director of Community Resources, dated November 23, 1999, which
bears the signature of the Director of Finance and is approved for
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submission by the Mayor, the Council does, for and on behalf of the City
of Livonia, accept donations in the amount of $15,450 00 from the
contributors set forth in the attachment, the same to be deposited in and
credited to Account #702-000-285-216 for use in the Senior Citizens
Program
On a motion by Vandersloot, seconded by Pastor, and unanimously
adopted, it was
#855-99 RESOLVED, that having considered a communication
from the Department of Law, dated December 6, 1999, approved
for submission by the Mayor, transmitting for Council acceptance a
Quit Claim Deed more particularly described as follows
Quit Claim Deed, dated December 2, 1999, executed
by John J Nagy, Director, and Michael Polsinelli,
Chairman, Plymouth Road Development Authority, to
the City of Livonia for
33729 Plymouth Road Right-Of-Way
The North 27 feet of the following described parcel Lot 209,
except the South 534 feet of Supervisors Livonia Plat No
2, T 1 S , R 9E , as recorded in Liber 66, page 1,
Wayne County Records 33729 Plymouth Road
Tax Parcel No 129-01-0209-001
the Council does hereby, for and in behalf of the City of Livonia, accept the
aforesaid Quit Claim 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
During audience communication, Councilmember Pastor wished a Happy Holiday and a
warm and delightful New Year to all
Councilmember Duggan wished a "Happy Birthday" to State Representative Laura Toy,
who will celebrate her birthday on December 22
Councilmember Brosnan wished her daughter, Marie, a "Happy Fifth Birthday", which
will be celebrated on December 22 also
Council President Engebretson wished his son a "Happy Birthday", which will be
celebrated on December 25
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He also wished to honor the volunteers and staff of Community Resources that televise
the meetings during the year and make it possible for Livonia residents to observe these
meetings These people are
Stan Dobis, working the #1 camera, and his partner Dick Arthur;
Chris Nielsen, the producer of the show;
Neil Coffin and Ian Wilshaw, who operate the cameras to give Stan and
Dick some break time, and
Jeanne Treff, who is responsible for all cable operations and who does
such an outstanding job
On a motion by Duggan, seconded by Pastor, and unanimously adopted,
this 1407th Regular Meeting of the Council of the City of Livonia was adjourned at 9 07
p m , December 15, 1999
14 ail'
Joa cCotter, City Clerk