HomeMy WebLinkAboutCOUNCIL MINUTES 1999-07-21 31754
MINUTES OF THE ONE THOUSAND, THREE HUNDRED AND NINETY-SEVENTH
REGULAR MEETING OF JULY 21, 1999
On July 21, 1999, the above meeting was held at 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 Councilmember
Brosnan requested prayers for Barbara Feenstra, wife of former Councilmember Fernon
Feenstra, who has had complications arise in her health
Roll was called with the following result: Val I Vandersloot, John R.
Pastor, Brian Duggan, Joe Laura, Maureen Miller Brosnan, John J Walsh, and Jack
Engebretson Absent: None
Elected and appointed officials present: Mayor Jack Kirksey, Robert
Beckley, Director of Public Works, Mark Taormina, Director of Planning, Sean
Kavanagh, City Attorney; Karen Szymula, Director of Legislative Affairs, Karen A.
Tesner, Assistant City Clerk, Robert Schron, City Engineer; James Inglis, Housing
Director; Linda McCann, Director of Community Resources, Mike Slater, Director of
Finance, Ian Wilshaw, Traffic Commission, Yvonne Lillibridge, President of Local 192
On a motion by Brosnan, seconded by Walsh and unanimously adopted, it
was
#480-99 RESOLVED that the minutes of the 1,396th Regular Meeting
of the Council of the City of Livonia, held July 7, 1999, are hereby
approved as submitted
A roll call vote was taken on the foregoing resolution with the following result:
AYES Vandersloot, Pastor, Duggan, Laura, Brosnan, Walsh and
Engebretson
NAYS None
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The President declared the resolution adopted
A communication from the Department of Law, dated July 7, 1999, re
Patrick M. Kinzel v City of Livonia, 16th District Court Case No 98-002001XXGC, was
received and placed on file for the information of the Council
There was no audience communication at the beginning of the meeting
On a motion by Duggan, seconded by Vandersloot, it was
#481-99 RESOLVED, that having considered an application from
Polly Rothermel and Barbara Brown, 32501 Wisconsin, dated June 16,
1999, requesting permission to close Wisconsin, between Hubbard and
Ohio, on Wednesday, August 11, 1999, from 5 00 p m to 9 30 p m for the
purpose of conducting a block party, the Council does hereby grant
permission as requested, including therein permission to conduct the said
affair on Thursday, August 12, 1999, in the event of inclement weather,
the action taken herein being made subject to the approval of the Police
Department.
#482-99 RESOLVED, that having considered an application from
Mary Louwers, 14210 Blackburn, dated June 23, 1999, requesting
permission to close Blackburn and Allen, between Perth and Cranston, on
Saturday, August 28, 1999, from 2 00 p m to 10 00 p m for the purpose
of conducting a block party, the Council does hereby grant permission as
requested, including therein permission to conduct the said affair on
Sunday, August 29, 1999, in the event of inclement weather, the action
taken herein being made subject to the approval of the Police Department.
#483-99 RESOLVED, that having considered an application from
Julia Batshon and Kathy Harb, 16788 Westbrook, dated June 25, 1999,
requesting permission to close Westbrook, between Whitcomb and
Mallory, on Saturday, August 7, 1999, from 2 00 p m to 10 00 p m for the
purpose of conducting a block party, the Council does hereby grant
permission as requested, including therein permission to conduct the said
affair on Sunday, August 8, 1999, in the event of inclement weather, the
action taken herein being made subject to the approval of the Police
Department.
#484-99 RESOLVED, that having considered an application from
Marcella Vance, 15901 Auburndale, dated June 29, 1999, requesting
permission to Auburndale, between Myrna and Five Mile, on Saturday,
August 28, 1999, from 4 00 p m to 10 00 p m for the purpose of
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#488-99 RESOLVED, that having considered the report and
recommendation of the Director of the Housing Commission, dated June
10, 1999, which bears the signature of the Director of Finance and is
approved for submission by the Mayor, requesting authorization to
demolish a City-owned house acquired on September 30, 1996, pursuant
to Council Resolutions 719-96 and 925-96, for future expansion of the
Newburgh Village housing facility, the legal description of which is as
follows
Lot 506, except the East 27 feet thereof conveyed for road
purposes, Supervisor's Livonia Plat No 9, of part of the Southeast
1/4 of Section 30, Town 1 South, Range 9 East, Livonia Township
(now City of Livonia), Wayne County, Michigan, as recorded in
Liber 66, page 60 of Plats, Wayne County Records (11961
Newburgh)
the Council does hereby approve the demolition of the existing structure
located at 11961 Newburgh Road, and the Housing Commission and the
Inspection Department are hereby authorized to do all things necessary
to accomplish the demolition of the said structure in accordance with the
provisions of City Ordinance and Law; FURTHER, the Council does
hereby authorize the expenditure of a sum not to exceed $5,000 00 from
the Refuse Fund for this purpose
#489-99 RESOLVED, that having considered the report and
recommendation of the Executive Director of the Housing Commission,
dated June 30, 1999, approved for submission by the Mayor, and to which
is attached a Hold Harmless Contract between the City of Livonia and
First Step for the period August 1, 1999, through July 31, 2000, the
Council does hereby authorize the Mayor and City Clerk, for and on behalf
of the City of Livonia, to execute the proposed hold harmless contract in
the manner and form herein submitted, as well as to do all other things
necessary or incidental to the full performance of this resolution
#490-99 RESOLVED, that having considered a communication from
Councilmember Brian Duggan, dated June 25, 1999, the Council does
hereby refer the subject of Sidewalk Replacement to the Streets, Roads
and Plats Committee for its report and recommendation
#491-99 RESOLVED, that having considered a communication from
Councilmember Brian Duggan, dated June 25, 1999, the Council does
hereby refer the subject of adoption of a city-wide handicap curb cut
program to the Engineering Division for its report and recommendation
#492-99 RESOLVED, that having considered a communication from
Councilmember Brian Duggan, dated June 25, 1999, the Council does
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hereby refer the matter of debris removal from city streets resulting from
traffic accidents when Livonia Towing, Inc. is not involved to the Police
Department for its report and recommendation
#493-99 RESOLVED, that having considered a communication from
the Director of Public Works and the City Engineer, dated June 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
to complete two (2) Traffic Signal Modernizations on Wayne Road from
Goddard Road to Plymouth Road, previously authorized in Council
Resolution 517-95, the Council does hereby appropriate and authorize the
expenditure of the additional sum of$1,160 26 from the Michigan
Transportation Fund (Major Road Account) for this purpose for the
reasons outlined in the aforesaid communication, FURTHER, the Council
does hereby authorize final payment to be made to the Wayne County
Department of Public Services, Division of Engineering, in the amount of
$1,493 02 for this work.
#494-99 RESOLVED, that having considered a communication from
the Director of Public Works and the City Engineer, dated June 24, 1999,
which bears the signature of the Director of Finance and is approved for
submission by the Mayor, requesting an additional appropriation for costs
t. to complete the seven (7) Traffic Signal Modernizations on Farmington
Road from Joy Road to Eight Mile Road, previously authorized in Council
Resolution 518-95, the Council does hereby appropriate and authorize
the expenditure of the additional sum of$3,071 00 from the Michigan
Transportation Fund (Major Road Account) for this purpose for the
reasons outlined in the aforesaid communication, FURTHER, the
Council does hereby authorize final payment to be made to the Wayne
County Department of Public Services, Division of Engineering, in the
amount of$4,297 72 for this work
#495-99 RESOLVED, that having considered the report and
recommendation of the Director of Public Works and the City Engineer,
dated June 30, 1999, which bears the signature of the Director of Finance
and is approved for submission by the Mayor, the Council does hereby
accept the unit price bid of R S Contracting, Inc , 16737 Thirteen Mile
Road, Fraser, Michigan 48026, for completing all work required in
connection with the 1999 Lane Line Marking Program (Contract 99-C) for
the estimated total cost of$37,698 00, based on the Engineering
Division's estimate of units involved, and subject to a final payment based
upon the actual units completed in accordance with the unit prices
accepted herein, said estimated cost and unit prices having been in fact
the lowest bid received for this item, FURTHER, the Council does hereby
authorize an expenditure in the amount of$37,698 00 from Account No
202-463-818-118 (Major Roads Lane Line Marking) for this purpose, and
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the Director of Public Works is hereby authorized to approve minor
adjustments in the work as it becomes necessary; and the Mayor and City
Clerk are hereby authorized, for and on behalf of the City of Livonia, to
execute a contract with the aforesaid bidder and to do all other things
necessary or incidental to the full performance of this resolution
#496-99 RESOLVED, that having considered the report and
recommendation of the Director of Public Works and the City Engineer,
dated June 30, 1999, which bears the signature of the Director of Finance
and is approved for submission by the Mayor, the Council does hereby
accept the unit price bid of Thompson-McCully Company, 11620
Whitmore Lake Road, Whitmore Lake, Michigan 48189, for completing all
work required in connection with the resurfacing of Shadyside and Civic
Center Drives and the Department of Public Service Parking Lot (Contract
99-L) in the total amount of$239,529 40, based on the Engineering
Division's estimate of units involved, and subject to a final payment based
upon the actual units completed in accordance with the unit prices
accepted herein, said estimated cost and unit prices having been in fact
the lowest bid received for this item, FURTHER, the Council does hereby
authorize the following
• An expenditure from funds budgeted for the Shadyside/Civic Center
Drive portion of the contract in the amount of$60,000 00 from
Account No 203-463-818-153 and a budget transfer and
expenditure in the amount of$25,198 20 from the Unexpended
Fund Balance of the Local Road Account;
• An expenditure of funds budgeted for the D P S parking lot portion
of the contract in the amount of$154,331 20 from Account 401-
000-974-050, and
• A change order and expenditure in the total amount of$12,000 00
to pave an existing gravel storage area west of the fueling station at
the D P S lot from funds budgeted for the D P S lot in Account No
401-000-974-050 in the amount of$8,591 00, and an additional
appropriation and budget transfer from the Unexpended Fund
Balance of the Capital Projects Fund (401) to Account No 401-000-
974-050 in the amount of$3,409 00;
and the Director of Public Works is hereby authorized to approve minor
adjustments in the work as it becomes necessary; and the Mayor and City
Clerk are hereby authorized, for and on behalf of the City of Livonia, to
execute a contract with the aforesaid bidder and to do all other things
necessary or incidental to the full performance of this resolution
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#497-99 RESOLVED, that having considered the report and
recommendation of the Department of Law, dated June 17, 1999,
approved for submission by the Mayor, to which is attached a proposed
ordinance amendment to Title 5, Chapter 84 (Taxicabs) of the Livonia
Code of Ordinances, as amended, the Council does hereby refer this
matter to the Legislative Committee for its report and recommendation
#498-99 RESOLVED, that having considered the report and
recommendation of the Department of Law, dated June 10, 1999,
approved for submission by the Mayor, to which is attached a proposed
ordinance amendment to Section 18 50D and Section 18 50K of the
Livonia Zoning Ordinance No 543, as amended, the Council does, in
accordance with Section 23 01(A) of Zoning Ordinance 543, hereby
request that the City Planning Commission conduct a Public Hearing and
thereafter submit its report and recommendation on the question of
whether to amend Section 18 50D and Section 18 50K of the Livonia
Zoning Ordinance pertaining to political signs and changes to the face of
any valid nonconforming sign
A roll call vote was taken on the foregoing resolutions with the following results
AYES Vandersloot, Pastor, Duggan, Laura, Brosnan, Walsh, and
NAYS Engebretson
Lw None
The President declared the resolution adopted
A communication from Toby Crow, PE, ERES Consultants, Louis Berger &
Associates, Roadware Corporation, entitled "City of Livonia, Michigan, Pavement
Management Projects, City Council Presentation", dated June 29, 1999, was received
and placed on file for the information of the Council
A communication from the Department of Public Works, Engineering
Division, dated June 25, 1999 re Pavement Management Study relative to the City of
Ann Arbor Citizen Advisory Committee on Roads, dated June 29, 1999, was received
and placed on file for the information of the Council
31761
On a motion by Laura, seconded by Brosnan, and unanimously adopted, it
was
#499-99 RESOLVED, that having considered the report and
recommendation of the Streets, Roads and Plats Committee, dated June
29, 1999, submitted pursuant to Council Resolutions 600-90 and 786-97,
regarding the topic of establishing a program for street replacement and/or
repair and the subject of a proposed method of funding local road
improvements and whether Livonia should adopt a program similar to that
utilized by the City of Ann Arbor involving a citizen committee on road
needs, the Council does hereby refer this matter to the Department of
Public Works, Engineering Division, for its report and recommendation,
FURTHER, the Council does hereby direct that this subject shall remain in
committee for further consideration
A communication from the Department of Public Works, Engineering
Division, dated June 24, 1999, regarding "Recommended Improvements in the Goodell-
Grivas, Incorporated Study and Plan Status Update", was received and placed on file
for the information of Council
On a motion by Duggan, seconded by Laura, and unanimously adopted, it
was
#500-99 RESOLVED, that before determining to repave Bredin Court
in the City of Livonia, the cost of which is to be defrayed by special
assessment, the City Engineer is hereby requested to ascertain the
assessed valuation of all property affected by the proposed improvement,
the number of parcels which show tax delinquencies, the number of
parcels owned by public authorities, the number of parcels which are now
vacant, and to prepare and cause to be prepared, plans and specifications
therefor and an estimate of 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, pursuant to the provisions of
section 3 08 060 of the Livonia Code of Ordinances, as amended
On a motion by Laura, seconded by Duggan and unanimously adopted, it was
31762
#501-99 RESOLVED, that having considered the report and
recommendation of the Streets, Roads and Plats Committee, dated June
29, 1999, submitted pursuant to Council Resolution 537-96, regarding
recommended improvements set forth in the Goodell-Grivas, Inc. Report
and an Update of Improvements Completed, the Council does hereby
determine to take no further action on this matter
A communication from the Director of Community Resources, dated June
22, 1999, re Livonia Community Transit, was received and placed on file for the
information of the council
On a motion by Vandersloot, seconded by Duggan, and unanimously
adopted, it was
#502-99 RESOLVED, that having considered the report and
recommendation of the Finance, Insurance and Budget Committee, dated
June 30, 1999, submitted pursuant to Council Resolution 97-98, regarding
the subject of a Local Transportation System for the City of Livonia, the
Council does hereby determine to take no further action with respect to
this matter
On a motion by Vandersloot, seconded by Pastor, and unanimously
adopted, it was.
#503-99 RESOLVED, that having considered the report and
recommendation of the Finance, Insurance and Budget Committee, dated
June 30, 1999, submitted pursuant to Council Resolution 249-98, and a
communication from the Director of Community Resources, dated June 22,
1999, approved for submission by the Mayor, the Council does hereby
authorize an expenditure in the amount of$20,000 00 from the Community
Credit Funds for the City's share of the cost of purchasing two (2) new vans
from SMART under its 80/20 program for use in connection with the Livonia
Community Transit Program, FURTHER, the Council does hereby authorize
such purchase without competitive bidding for the reasons indicated in the
aforesaid communication, and such action is taken in accordance with the
provisions set forth in Section 3 04 140D4 of the Livonia Code of Ordinances,
as amended
On a motion by Vandersloot, seconded by Pastor, and unanimously
adopted, it was
31763
#504-99 RESOLVED, that having considered the report and
recommendation of the Finance, Insurance and Budget Committee, dated
June 30, 1999, submitted pursuant to Council Resolution 249-98, and a
communication from the Director of Community Resources, dated June
22, 1999, approved for submission by the Mayor, the Council does hereby
approve the request to extend the current contract between the City of
Livonia, Northwest Transport Inc., 31376 Industrial Road, Livonia,
Michigan 48150, and ABC Cab, 36977 Amrhein, Livonia, Michigan 48150,
for the User-Side Subsidy Transportation Program (Dial-A-Ride) for Senior
and Handicapped Citizens for an additional term not to exceed one year;
FURTHER, the Council does, for and on behalf of the City of Livonia,
authorize the Mayor and City Clerk to execute any agreements which may
be required in connection with this extension, FURTHER, the Council
does hereby authorize the Mayor and City Clerk to execute any necessary
agreement with SMART in connection with such extension, provided that
any such agreement is approved as to form by the Department of Law
On a motion by Brosnan, seconded by Walsh, and unanimously adopted,
it was
#505-99 RESOLVED, that having considered the report and
recommendation of the Department of Law, dated July 1, 1999, which is
approved for submission by the Mayor, the Council does hereby authorize
the Department of Law to stipulate to the entry of the attached Consent
Judgment in Wayne County Circuit Court Case No 97-704651-AW with
respect to certain property located at 19450 Haggerty Road, and the
Department of Law is hereby authorized to do all things necessary or
incidental to the full performance of this resolution
A communication from F Matthew Ray, Architect, re Arbor Drugs, Store
#8015 Relocation, 5 Mile and Middlebelt, dated May 14, 1999 was received and placed
on file for the information of the Council (Petition 98-5-8-15)
On a motion by Brosnan, seconded by Pastor, and unanimously adopted,
it was
#506-99 RESOLVED, that having considered the report and
recommendation of the Committee of the Whole, dated July 13, 1999,
submitted pursuant to Council Resolutions 739-98 and 110-99, and a
communication from the City Planning Commission, dated June 25, 1998,
which transmits its resolution 6-106-98 adopted on June 23, 1998, with
regard to Petition 98-5-8-15 submitted by A.D I Realty, Inc., on behalf of
31764
Arbor Drugs, requesting Site Plan approval in connection with a proposal
to construct a retail store on property located at 29500 Five Mile Road in
the Southwest 1/4 of Section 14, pursuant to the provisions set forth in
Section 18 58 of Ordinance No 543, as amended, and the Council having
conducted a public hearing with regard to this matter on September 2,
1998, pursuant to Council Resolution 542-98, the Council does hereby
determine to take no further action based upon petitioner's withdrawal of
its petition
A communication from the Michigan Liquor Control Commission, dated
May 27, 1999, re Local Approval Notice of a 1997 tavern licensed business (in escrow)
from Johnson-Brown, Inc. , was received and placed on file for the information of the
Council
Pastor left the podium because of a conflict of interest at 8 22 p m
On a motion by Duggan, seconded by Vandersloot, it was
#507-99 RESOLVED, that having considered the report and
recommendation of the Committee of the Whole, dated July 13, 1999,
submitted pursuant to Council Resolution 345-99, and a letter from the
Michigan Liquor Control Commission, dated March 30, 1999, and a report
and recommendation from the Chief of Police, dated April 28, 1999,
approved for submission by the Mayor, regarding a request from Buca,
Inc (a Minnesota corporation) for transfer of ownership of 1997 tavern
licensed business (in escrow) from Johnson-Brown, Inc. and to transfer
location (governmental unit) [MCL 436 1531 (1)] from 42400 Ford Road,
Canton Township, Michigan, Wayne County; and to transfer classification
to a Class C license and request for a New Official Permit (Food) for a
business to be located on 38888 Six Mile Road, Livonia, Michigan, Wayne
County, the Council does hereby determine to take no further action
based upon petitioner's withdrawal of its request.
A roll call vote was taken on the foregoing motion with the following result:
AYES Vandersloot, Duggan, Laura, Brosnan, Walsh and Engebretson
NAYS None
Pastor returned to the podium at 8 23 p m
31765
A communication from the Director of Public Works entitled "Proposed
Maintenance/Recreation/File Storage Facility", submitted July 13, 1999 at the
Committee of the Whole meeting, was received and placed on file for the information of
the Council
On a motion by Pastor, seconded by Walsh, and unanimously adopted, it
was
#508-99 RESOLVED, that having considered the report and
recommendation of the Committee of the Whole, dated July 13, 1999,
submitted pursuant to Council Resolution 379-99, and the report and
recommendation of the Director of Public Works and the City Engineer,
dated May 17, 1999, which bears the signature of the Director of Finance,
is approved by the Director of Community Resources and is approved for
submission by the Mayor, regarding bids received for the construction of a
Maintenance/Recreation Storage Facility at the Police Station and a Truck
Scale Facility on Glendale Avenue, the Council does hereby accept the
bid of Bedzyk Bros , Inc., 30057 West Eight Mile, Livonia, Michigan 48152,
for completing all work required in connection with the construction of a
Maintenance/Recreation Storage Building (including a movable storage
system) at the Police station and a Truck Scale Facility on Glendale
Avenue (including heated approach slabs at either end of the facility) for
the estimated total cost of$964,950 00, FURTHER, the Council does
hereby appropriate and authorize the expenditure from the following
accounts for this purpose in the amounts indicated
• An expenditure of$150,000 00 currently budgeted in Account
#101-447-975-000 (General Fund, Capital Outlay Buildings) and
$200,000 00 currently budgeted in Account#401-000-975-000
(Capital Improvement Fund, Capital Outlay, Buildings) for the
Maintenance/Recreation Storage Building,
• An expenditure of$322,000 00 currently budgeted in Account
#205-527-974-000 (Refuse Fund, Land Improvement) for the Truck
Scale Facility;
• An appropriation and expenditure of $150,000 00 from the
Unexpended Fund Balance of the Refuse Fund, $106,440 00 from
the Unexpended Fund Balance of the Water and Sewer Fund, and
$36,000 00 from the Unexpended Fund Balance of Cable Fund 271
for the Maintenance/Recreation Storage Building, and
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• An appropriation and expenditure of$49,350 00 from the
Unexpended Fund Balance of the Refuse Fund for the Truck Scale
Facility;
FURTHER, the Council does hereby waive all permit and sewer
connection fees for the contractors working under this project and hereby
authorize the affected City departments to charge the Water and Sewer
Fund for the sewer connection fees issued, FURTHER, the Council does
hereby determine the aforesaid bid to be a better bid than the bid
submitted by Construction Solutions, Inc. for the reasons indicated in the
aforesaid communication and such action is taken in accordance with
Section 3 04 140E of the Livonia Code of Ordinances, as amended, and
the Mayor and City Clerk are hereby authorized to execute a contract for
and on behalf of the City of Livonia with the aforesaid bidder and to do all
other things necessary or incidental to the full performance of this
resolution
It was noted that the Sign Permit Application by Laurel Pointe, L.L.0 for
the office/retail building at 17000 Laurel Park Drive is to remain in the Committee of the
Whole (CR 414-99)
Duggan left the podium because of a conflict on interest at 8.28 p m
Laura took from the table for second reading, and adoption, the following
Ordinance
AN ORDINANCE AMENDING SECTION 24 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 98-12-1-23)
A roll call vote was taken on the foregoing resolution with the following result:
AYES Vandersloot, Pastor, Laura, Brosnan, Walsh, and
Engebretson
NAYS None
The President declared the foregoing ordinance duly adopted, and would become
effective on publication
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Duggan remained off the podium for the next agenda item
Pastor took from the table for second reading, and adoption, the following
Ordinance
AN ORDINANCE AMENDING SECTION 24 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 99-2-1-2)
A roll call vote was taken on the foregoing resolution with the following result:
AYES Vandersloot, Pastor, Laura, Brosnan, Walsh, and
Engebretson
NAYS None
The President declared the foregoing ordinance duly adopted, and would become
effective on publication
Duggan returned to the podium at 8 30 p m
A communication from the Department of Law, dated July 8, 1999, re
new information on the proposed Ordinance change (re Dogs), was received and
placed on file for the information of the Council (CR 285-99)
Vandersloot took from the table for second reading and adoption, the
following Ordinance
AN ORDINANCE AMENDING SECTIONS 110, 120, 130 AND 140
OF CHAPTER 04 (DOGS) OF TITLE 6 OF THE LIVONIA CODE
OF ORDINANCES, AS AMENDED (CR 285-99)
A roll call vote was taken on the foregoing resolution with the following result:
AYES Vandersloot, Pastor, Duggan, Laura, Brosnan, Walsh, and
Engebretson
NAYS None
31768
The President declared the foregoing ordinance duly adopted, and would become
effective on publication
Duggan took from the table for second reading and adoption, the following
Ordinance
AN ORDINANCE AMENDING SECTION 240 OF TITLE 10,
CHAPTER 21 (TRAFFIC VIOLATIONS) OF THE LIVONIA CODE
OF ORDINANCES, AS AMENDED (CR 378-99)
A roll call vote was taken on the foregoing resolution with the following result:
AYES Vandersloot, Pastor, Duggan, Laura, Brosnan, Walsh, and
Engebretson
NAYS None
The President declared the foregoing ordinance duly adopted, and would become
effective on publication
A communication from Elizabeth Juntunen, dated July 15, 1999, re
Permission to place signs on 6 Mile at Farmington Rd and on 6 Mile at 1-275 exit ramp,
200 feet from the right of way, accompanied by paperwork showing the organization's
non-profit status, 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
#509-99 RESOLVED, that having considered a communication from
Elizabeth Juntunen, Stockman for The Determined Renaissance of the
American Singer (a canary bred for its song) through Growth and
Organization of the Novice, Chapter 22 of the American Singers Club, Inc.
(D R.A.G 0 N ), dated June 22, 1999, requesting permission to display 2'
x 18" signs advertising their 18t" Annual show at the Holy Cross Lutheran
Church to be conducted on Saturday, November 13, 1999, which signs
would be installed and removed on the day of the show at the following
locations
Number Location
REVISED PAGE - SEE CR #511-99
31769
2 Schoolcraft and Merriman (S W corner and N E. corner)
2 Schoolcraft and Middlebelt (S W corner and N E. corner)
2 Inkster and Six Mile (N W corner and S E. corner)
1 Merriman and 8 Mile (S W corner)
1 Middlebelt and 8 Mile (S W corner)
1 6 Mile and Farmington (S W corner)
4 6 Mile and 1-275 (at the exit ramp, N B , 200 ft from right of
way)
The Council does hereby approve and grant this request in the manner
and form herein submitted
On a motion by Duggan, seconded by Brosnan and unanimously adopted,
it was.
#510-99 RESOLVED, that having considered a letter from Mark
Anusbigian, Westborn Market, received in the Office of the City Clerk on
July 2, 1999, requesting permission to hang fourteen (14) 2'6" x 6' yellow
flags (no script) on various light poles located in the parking lot at 14925
Middlebelt Road, and which flags would be placed in such location from
April 1, 1999, through September 1, 1999, the Council does hereby
approve and grant this request in the manner and form herein submitted
On a motion by Pastor, seconded by Duggan, it was
#511-99 RESOLVED, that the Council does hereby refer the subject
of banners and/or flags on light standards and/or poles through the City of
Livonia to the Committee of the Whole for a report and recommendation.
A roll call vote was taken on the foregoing motion with the following result:
AYES Vandersloot, Pastor, Duggan, Brosnan, Walsh, and
Engebretson
NAYS Laura
The President declared the resolution adopted
Walsh left the podium at 8 35 p m due to a conflict of interest on the next Agenda item
On a motion by Duggan, seconded by Brosnan, and unanimously
adopted, it was
31770
#512-99 RESOLVED, that having considered the report and
recommendation of the Department of Law, dated June 29, 1999,
which bears the signature of the Director of Finance and is approved
for submission by the Mayor, the Council does hereby authorize the
Mayor and City Clerk, for and on behalf of the City of Livonia, to
execute the attached underground easements (right-of-way) No
RFW 223144, which would grant easements to the Detroit Edison
Company across the following described city-owned property (Jaycee
Park) located in the Southwest 1/4 of section 3, with the additional
provision within the lease and within the easement language that the
easement shall revert back to the City if the wireless communication
facilities at that location are abandoned or removed
Detroit Edison RFW No. 223144:
The Westerly (10) feet of said property, beginning approx. 1,038 26
ft. South of the Northwest Cor and cont. North along the West
property line for approx. 1,008 26 ft., th East for 200 feet, of the
following described parcel
03Q1A1 - S3A2 PT OF SW 1/4 SEC 3 T 1 S , R. 9 E , DESC AS BEG N
89 DEG 38M 30S E 1323 75 FT AND N 0 DEG OOM 58S E 885 44 FT
FROM SW 1/4 COR SEC 3 TH N 0 DEG OOM 58S E 1746 31 FT TH S 89
DEG 54M 22S E 821 14 FT TH S 0 DEG 09M 13S E 1305 01 FT TH N 89
DEG 58M 10S E 164 78 FT TH S 0 DEG 09M 47S E 7 09 FT TH N 89
DEG 58M 10S E 335 92 FT TH S 0 DEG 06M 04S E 710 28 FT TH S 89
DEG 38M 30S W 335 15 FT TH N 0 DEG 09M 47S E 189 60 FT TH N 23
DEG 56M 25S W 98 61 FT TH N 50 DEG 19M 06S W 125 52 FT TH N 74
DEG 25M 21S W 56 49 FT TH S 65 DEG 01M 39 S W 177 43 FT TH N 85
DEG 59M 27S W 58 98 FT TH N 73 DEG 58M 47S W 146 55 FT TH S 84
DEG 57M 04S W 169 86 FT TH S 75 DEG 27M 07S W 159 4FTTHS80
DEG 14M 34S W 60 56 FT TH S 89 DEG 47M 39S W 56 65 FT TO POB
33 78 AC ** PARK SITE ** (32620 SEVEN MILE 05/03/99)
AND
Beginning at a point 382 00 ft. S of the N E Cor along the East
property line, th Cont. West for 35 ft., as seen on Appendix "A",
which is attached hereto and made a part hereof, a 10 ft. easement,
of the following described parcel
03P2B1A1 PT OF SW 1/4 SEC 3 T1S R9E DESC AS BEG N 89
DEG 38M 30S E 665 51 FT AND N 00 DEG 02M W 1,586 58 FT
FROM SW 1/4 COR SEC 3 TH S 59 DEG 10M E 60 58 FT THS 51
DEG 41M 35S E 201 44 FT TH S 51 DEG 20M 47S E 64 06 FT TH
S 00 DEG 02M E 120 79 FT TH S 34 DEG 12M 8S E 211 59 FT
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TH S 24 DEG 45M 20S E 132 51 FT TH S 45 DEG 20M 08S E
58 90 FT TH S 67 DEG 57M 04S E 116 79 FT TH N 89 DEG 47M
39S E 74 63 FT TH N O DEG OOM 58S E 1,090 34 FT TH S 89
DEG 52M 47S W 659 09 FT TH S O DEG 05M 27S W 391 94 FT
TO POB, 11 79 AC **FLOOD PLAIN** TH S OOD, 01M 15S E
200 57 FT TH N 11 56 FT ALONG A CUR CONCAVE TO SW
HAVING RAD OF 120 0 FT TH S 89D 38M 30S W 233.20 FT TO
POB 9 414 AC NOW UNDER. 011 99 0007 010 189 60 FT TH S
89D 38M W 992 05 FT TO POB 7 320 AC NOW UNDER 011 99
0007 010 (19224 SHADYSIDE 05/03/99)
Walsh returned to the podium at 8 36 p m
On a motion by Laura, seconded by Duggan, and unanimously adopted, it was
#513-99 RESOLVED, that having considered a communication from
the City Planning Commission, dated April 22, 1999, which sets forth its
resolution 4-64-99 adopted on April 20, 1999, with regard to Petition 99-2-
6-1, submitted by the City Planning Commission, pursuant to Council
Resolution 405-98, to determine whether or not to amend Sections 2 08,
4 02 and 4 03 of the Zoning Ordinance to set forth zoning requirements for
Family (1 to 6 children) and Group (7 to 12 children) Day Care Homes in
residential districts, and the Council having conducted a public hearing
with regard to this matter on Monday, June 28, 1999, pursuant to Council
Resolution 302-99, the Council does hereby refer this matter to the
Legislative Committee for its report and recommendation
Mr Bob Snyder of 16774 Ronnie Lane, spoke in favor of the item, requesting that the
Council not delay in taking action
On a motion by Brosnan, seconded by Pastor, and unanimously adopted, it was
#514-99 RESOLVED, that having considered an application from
Colleen Nowak and Marianne Janiga, 18190 Queensbury Drive, dated
July 12, 1999, requesting permission to close Manor Lane and
Queensbury Drive, south of Caliburn Street, on Saturday, August 14,
1999, from 3 30 p m to 10 00 p m for the purpose of conducting a block
party, the Council does hereby grant permission as requested, including
therein permission to conduct the said affair on Sunday, August 15, 1999,
in the event of inclement weather, the action taken herein being made
subject to the approval of the Police Department.
On a motion by Brosnan, seconded by Pastor and unanimously adopted, it
was
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#515-99 RESOLVED, that having considered a communication from
the Director of Community Resources, dated July 8, 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 Farmer Jack food certificates in the total amount of
$505 00 from the Kiwanis Early Risers to the Community Resources
Department to be used as indicated in the aforesaid communication
On a motion by Vandersloot, seconded by Duggan and unanimously
adopted, it was
#516-99 RESOLVED, that having considered a communication from
the Director of Finance, dated July 12, 1999, and approved for submission
by the Mayor, the Council does hereby determine to conduct a public
hearing on Wednesday, October 6, 1999, at 7.00 p m at the City Hall,
33000 Civic Center Drive, Livonia, Michigan, with respect to the following
items
1 The proposed annual budget for the City of Livonia for the fiscal
year ending November 30, 2000, and
2 The property tax millage rate proposed to be levied to support the
proposed budget;
and the City Clerk shall give adequate public notice of said public hearing
in accordance with provisions of law and City Charter
On a motion by Vandersloot, seconded by Duggan and unanimously
adopted, it was
#517-99 RESOLVED, that having considered a letter from the
Director of Finance, dated July 12, 1999, approved for submission by
the Mayor, the Council does hereby refer the subject of the Annual
Budget for the fiscal year ending November 30, 2000, to the Finance,
Insurance and Budget Committee for its report and recommendation
On a motion by Duggan, seconded by Pastor, and unanimously adopted,
it was
#518-99 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
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On a motion by Brosnan, seconded by Pastor and unanimously adopted, it
was
#519-99 RESOLVED, that having considered an application from
Virginia Armstrong, 12087 Stark Road, dated July 14, 1999, requesting
permission to close Capitol and Brewster between Stark Road and
Beacon on Saturday, August 14, 1999, from 12 00 p m to 10 00 p m for
the purpose of conducting a block party, the Council does hereby grant
permission as requested, the action taken herein being made subject to
the approval of the Police Department.
On a motion by Walsh, seconded by Vandersloot, and unanimously
adopted, it was
#520-99 RESOLVED, that having considered a communication from
the City Planning Commission, dated July 21, 1999, which transmits its
resolution 7-53-99, adopted on July 20, 1999, with regard to Petition 99-5-
2-18, submitted by Sterling & Reid Bros Circus, requesting waiver use
approval to operate a 3-ring circus under a "big top" tent from August 13,
1999, through August 15, 1999, inclusive, in the parking lot of Wonderland
Mall on property located on the south side of Plymouth Road between
Middlebelt and Milburn in the Northeast 1/4 of Section 35, the Council does
hereby concur in the recommendation made by the City Planning
Commission and Petition 99-5-2-18 is hereby approved and granted,
subject to the following conditions
1) That the circus shall be limited to the dates and hours as specified
by Sterling & Reid Bros Circus, which are August 13, 1999 through
August 15, 1999, inclusive,
2) That the proposed circus operation shall be confined to the area as
illustrated on the site plan submitted with this request, subject to
moving the animal rides and facilities where animals are to be kept
closer to the mall,
3) That the big top tent, all rides, food concessions, animal
enclosures, portable restroom facilities, booths and all other
equipment and apparatus relating to the operation of the circus
shall be located at least 50 feet distant from the Plymouth Road
right-of-way line,
4) That all trucks and other related transportation equipment shall be
parked or stored within the southwesterly portion of the Wonderland
31774
Mall parking lot, no closer than 250 feet to the adjacent residential
properties, as shown on the site plan date-stamped July 16, 1999,
5) That the letter and attachments from Pamela Runyon of Sterling &
Reid Bros Circus are hereby adopted, by reference, in response to
the concerns of the City Planning Commission as outlined in the
July 14, 1999 letter by the Planning Department;
6) That there be adequate areas for fire equipment including access to
the hydrants,
7) That Sterling & Reid Bros Circus is responsible for clean-up of the
entire site, including repair of any damage to the parking lot;
8) That Wonderland Mall security and Livonia Police Reserves shall
be utilized in addition to the circus' own security guards,
9) That there shall be no smoking allowed in the tent;
10) That there shall be no freestanding signs or signs attached to any
utility or light poles advertising the circus event;
11) That an adequate number of portable restroom facilities shall be
provided,
12) That the Planning Director has approval to make adjustments to the
location of the facilities on the site, and
13) That the City of Livonia shall be included as an additionally insured
party, along with the mall
Mr R. Lemke, General Manager of Wonderland Mall, was present to speak to the item
He mentioned that the Circus is part of the 40 year Annual Celebration of Wonderland
Mall He stated that there would be two shows on Friday, August 13, 1999 and three
shows on Saturday, August 14 and Sunday, August 15, 1999
President Engebretson relinquished the chair to Vice President Walsh at 9 02 p m to
speak to the item
A roll call vote was taken on the foregoing resolution with the following result:
AYES Vandersloot, Pastor, Duggan, Laura, Brosnan, Engebretson,
and Walsh
NAYS None
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The Vice President declared the resolution adopted
Council President Engebretson resumed the chair at 9 10 p m
On a motion by Walsh, seconded by Brosnan, and unanimously adopted, it was
#521-99 RESOLVED, that having considered a communication from
the Personnel Director, dated July 21, 1999, stating that the Civil Service
Commissioners had reviewed the summary of changes and approved the
contract negotiated between the City of Livonia and the AFSCME Local
Union 192 for the period December 1, 1998 through November 30, 2001,
with the Civil Service Commission to formally approve said contract at
their next regular meeting of August 12, 1999, and having also considered
a communication from the Mayor, dated July 21, 1999, the Council does
hereby refer this matter to the Committee of the Whole for its report and
recommendation
There was no audience communication at the end of the meeting
Council President Engebretson thanked the Volunteers at Channel 8 for all their hard
work in transmitting Council meetings
The President also mentioned that the next Regular Meeting was scheduled for
Monday, August 9, 1999, due to Council vacation
On a motion by Duggan, seconded by Walsh and unanimously adopted,
this 1,397 Regular Meeting of the Council of the City of Livonia, was adjourned at 9.12
pm , July 21, 1999
/
Joan McCotter, City Clerk