HomeMy WebLinkAboutCOUNCIL MINUTES 1999-09-29 31886
MINUTES OF THE ONE THOUSAND FOUR HUNDRED FIRST
REGULAR MEETING OF SEPTEMBER 29. 1999
On September 29, 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 Brosnan delivered the invocation, and she
requested that prayers be offered for the repose of the soul of Barbara Feenstra, wife of
former Councilmember Femon Feenstra, who passed away on Sunday, September 26,
1999, as well as the rest of the Feenstra family
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: Sean Kavanagh, City Attorney;
Joan McCotter, City Clerk, Robert Schron, City Engineer; Mark Taormina, City Planner;
Linda McCann, Director of Community Resources, Lowell Peterson, President of Cable
Television Commission, Jeanne Treff, Administrative Assistant— Community
Resources - Cable Television, Jim Inglis, Director of Housing, and Ian Wilshaw, Traffic
Commission
During audience communication, due to time constraints, Roseanne
Paterson, 31958 Pembrbke, Livonia, requested approval for a block party on October
9, 1999, with a rain date of October 10, 1999
On a motion by Duggan, approved by Brosnan, and unanimously adopted,
it was
L
REVISED
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#664-99 RESOLVED, that having considered an application from
Roseanne Patterson, 31958 Pembroke, dated September 22, 1999,
requesting permission to close Pembroke Street between Osmus and
Parker on Saturday, October 9, 1999 from 12*00 p m to 600 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, October 10, 1999, in the event of inclement weather, the
action taken herein being made subject to the approval of the Police
Department.
It was brought to the Chairman's attention that the minutes of the 1,400th
Regular Meeting of the Council were not yet approved
On a motion by Duggan, seconded by Brosnan, and unanimously
adopted, it was
#665-99 RESOLVED, that the minutes of the 1,400th Regular Meeting
of the Council held September 15, 1999 are hereby approved as
submitted
Councilmember Pastor congratulated his son, Ryan, on his election to
a second term on the Student Council at Roosevelt Elementary School
Councilmember Vandersloot presented a Resolution of Commendation to
the Porn Pon squad of Churchill High School for their accomplishments in Regional
competition The Resolution read as follows
RESOLUTION OF COMMENDATION
I, Joan McCotter, duly elected and qualified City Clerk of the City of
Livonia, do hereby certify that the following is a true copy of a resolution unanimously
introduced, supported, and adopted by the Council of the City of Livonia, at the 1,401st
Regular Meeting held on September 29, 1999
WHEREAS, the Livonia Churchill High School Varsity Pom Pon squad
traveled recently to Grand Valley State University to participate
in the Mid-American Porn Pon and Dance Camp, and
WHEREAS, the Livonia Churchill High School Porn Pon squad competed
against 18 other squads, and
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WHEREAS, on the last day of competition the Livonia Churchill High School
Porn Pon squad received trophies for Grand Champs, Overall
Best Showmanship, Overall Best Peppy Porn Pon and a third
place in Senior Kickline, and
WHEREAS, fourth year varsity squad member Dayna Petroskey of the
Churchill High School Porn Pon squad received the only
"Smile, Sparkle and Shine Award, and
WHEREAS, squad members Emily Arent, Lindsey Brake, Kelly Burnett,
Courtney Cross, Teresa DeVore, Michelle Ewing, Stacey
Harrison, Lauren Hodges, Courtney Malo, Julian McDonald,
Kristin McGowan, Kelli McIntosh, Lea Medlen, Paula
Mishowski, Katie Proctor, Jamina Ramirez, Heather Reed,
Emily Tatro, Jacqui Thibault, Katie Webster, Lizz Wight, Co-
Captains Sarah Gorski, Carri Miller and Shelley Mitchell;
Captains Melissa Peckham, Heather Petres and Dayna
Petroskey were recognized for their efforts as a result of their
ability, skill, teamwork and enthusiasm; many hours of
practice; and the support of parents, friends and other
students.
NOW, THEREFORE, BE IT RESOLVED, that the Mayor and City Council of the City
of Livonia deem it fitting at this time to commend members of
the Churchill High School Porn Pon squad and coaches Judy
Nouhan and Vickie Middleton on their achievements.
IN WITNESS WHEREOF, I have
hereunto set my hand and the Seal of
said City this 29th day of September
A.D 1999
Joan McCotter, City Clerk
City of Livonia, County of Wayne
State of Michigan
Jack E Kirksey, Mayor Jack Engebretson, President
John J Walsh, Vice President Maureen Miller Brosnan
Councilmember
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Brian Duggan, Councilmember Joe Laura, Councilmember
4
John R. Pastor, Councilmember Val Vandersloot, Councilmember
At the direction of the Chair, Items #11 and #12 were removed from
the Consent portion of the agenda.
A communication from the Engineering Division, dated September 27,
1999 re. the third status report on Old Rosedale Gardens Special Assessment Paving
Project, was received and placed on file for the information of the Council (CR 575-99)
On a motion by Brosnan, seconded by Pastor, it was.
#666-99 RESOLVED, that having considered an application from
Tracy Bauman, 14122 Hubbard, dated September 10, 1999, requesting
permission to close Hubbard between Scone and Perth on Saturday,
October 16, 1999, from 1 00 pm to 8 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, October 17, 1999, in the event of inclement weather, the action
taken herein being made subject to the approval of the Police Department.
#667-99 RESOLVED, that having considered a letter from Susan
Haslacker, Co-Chairman of the Franklin High School Patriots Club, dated
September 1, 1999, requesting permission to place 22" x 28" lawn-type
signs advertising fall and spring craft shows to be conducted on Saturday,
November 20, 1999, and Saturday, March 18, 2000, and which signs
would be installed at all major intersections of the City on Sunday,
November 14, 1999 for the fall show and Sunday, March 12, 2000, for the
spring show and removed the day following each show, the Council does
hereby approve of and concur in this request in the manner and form
herein requested
A communication from the Livonia Housing Commission, dated August 24,
1999, re Notice Of Intent to Enter into a Contract with the U S Department of Housing
and Urban Development (HUD), Comprehensive Improvement Assistance Program
(CIAP), Modernization Project NO MI28-P055-909-99, was received and placed on file
for the information of the Council
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A communication from the Inspection Department, dated September 1,
1999, re Administrative Response to CR 589-99 —alleged deficiencies in the
landscaping at Lutheran Heritage Village, located at 33600 Luther Lane, was
received and placed on file for the information of the Council
A communication from Josephine W Smith, Association President at
Silver Village, 33648 Lyndon, dated September 21, 1999, re the appreciation of the
residents of Silver Village for the City's concern and interest in resolving the
landscaping deficiencies at Lutheran Heritage Village, located at 33600 Luther Lane,
was received and placed on file for the information of the Council
#668-99 RESOLVED, that having considered the report and
recommendation of the Inspection Department, dated September 1, 1999,
approved for submission by the Mayor, submitted pursuant to Council
Resolution 589-99, regarding alleged deficiencies in the landscaping at
Lutheran Heritage Village located at 33600 Luther Lane, the Council does
hereby refer the subject of remaining landscaping deficiencies to the
Inspection Department for a follow-up report and recommendation
#669-99 RESOLVED, by the City Council of the City of Livonia, that
the annual Christmas Parade be, and hereby is approved for Saturday,
November 20, 1999, beginning at 9 00 a m , and requests that the
Michigan Department of Transportation (MDOT) allow the City of Livonia
to close Plymouth Road from Merriman Road to Middlebelt Road between
the hours of 8 30 am and 11 00 a m , or until the road is returned to
normal traffic operation, that the City of Livonia will assume liability for any
damage claims which may arise as a result of the road closure as to the
State of Michigan only, and that Lieutenant Kevin Dawley is hereby
designated and authorized to sign the road closure permit on behalf of the
City of Livonia
#670-99 RESOLVED, that having considered the report and
recommendation of the Training Coordinator for the Department of Public
Safety - Fire & Rescue, dated August 25, 1999, which bears the signature
of the Director of Finance and is approved for submission by the Mayor,
the Council does hereby accept the bid of West Shore Fire, Inc., 6620
Lake Michigan Drive, Allendale, Michigan 49401, for supplying the Fire
Department with thirty (30) sets of structural firefighting protective clothing
(GX-7 jackets, NFPA and GX-7 trousers, NFPA) for the unit prices set
forth in the attachment, for a total estimated amount of$29,400 00, the
same having been in fact the lowest and only bid received and meets
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specifications, FURTHER, the Council does hereby authorize the
expenditure of the sum of$29,400 00 from funds budgeted in Account No.
101-338-768-000 for this purpose
#671-99 RESOLVED, that having considered a communication from
the Director of Community Resources, dated September 7, 1999, which
bears the signature of the Director of Finance, is approved by the City
Attorney and approved for submission by the Mayor, and to which is
attached a proposed Fiscal Year 2000 Municipal Credit and Community
Credit Contract between the City of Livonia and SMART, the Council does
hereby authorize the Mayor and City Clerk to execute the Municipal Credit
and Community Credit Contract for and on behalf of the City of Livonia for
Fiscal Year 2000 and to do all other things necessary or incidental to the
full performance of this resolution
#672-99 RESOLVED, that having considered the report and
recommendation of the Director of Community Resources, dated
September 7, 1999, which bears the signature of the Director of Finance,
is approved by the City Attorney and approved for submission by the
Mayor, and to which is attached a Specialized Services/User-Side Subsidy
Transportation Agreement to Provide Lift Equipped Service for Non-
Transferable Disabled Persons in Northwest Wayne County, Farmington
and Farmington Hills, between the City of Livonia and Northwest
Transport, Inc , 31376 Industrial Road, Livonia, Michigan 48150, for the
period October 1, 1999, through September 30, 2000, the Council does
hereby authorize the Mayor and City Clerk, for and on behalf of the City of
Livonia, to execute the said Agreement as well as to execute an
Agreement with SMART for support of this Specialized Services (lift-
equipped) Transportation Program, provided that the Agreement is
approved as to form by the Department of Law
A communication from Linda McCann, Director of Community Resources,
dated September 27, 1999, re Administrative Response to request of Council at Study
meeting of September 20, 1999, - statistical findings of the number of Livonia residents
provided with lift-equipped transportation —was received and filed for the information of
the Council
#673-99 RESOLVED, that having considered the report and
recommendation of the Department of Law, dated September 2, 1999,
approved for submission by the Mayor, submitted pursuant to Council
Resolution 299-99, with regard to the disposition of the former Fire Station
No 3 and the adjacent residential parcel located to the south of the Fire
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lip Station, 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 certain property located on
the west side of Farmington Road north of Seven Mile Road (the former
Fire Station No 3 site and the adjacent residential parcel to the south), in
the southeast 1/4 of Section 4, should be rezoned from PL and RUF to a
more appropriate zoning classification
#674-99 RESOLVED, that having considered a communication from
the Department of Law, dated September 13, 1999, approved for
submission by the Mayor, and to which is attached a proposed lease
agreement between the City of Livonia and Hegira Programs, Inc., for a
period of six months commencing October 1, 1999 through March 31,
2000, the Council does hereby authorize the Mayor and City Clerk, for and
on behalf of the City of Livonia, to execute the attached Agreement,
subject to approval as to form by the Department of Law, as well as to do
all other things necessary or incidental to the full performance of this
resolution
#675-99 WHEREAS, the City of Livonia has received a request from
MascoTech Forming Technologies-Livonia, a division of MascoTech, Inc.,
also known as Hi-Vol Products, Inc., dated August 25, 1999, proposing the
establishment of an Industrial Development District; and
WHEREAS, pursuant to Act 198 of the Public Acts of 1974, as amended,
this Council has authority to establish industrial development districts
within the boundaries of the City of Livonia, and
WHEREAS, there is located within the boundaries of the City of Livonia an
area of approximately 4 983 acres lying in the Northeast 1/4 of Section 25
as more particularly described in the attachment to the application which is
hereby incorporated by reference and which is hereinafter referred to as
"Proposed City of Livonia Industrial Development District No 78";
NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF LIVONIA, as
follows
The City Clerk is directed to give written notice by certified mail of
this action to all owners of real property within the boundaries of
Proposed City of Livonia Industrial Development District No 78
2 This City Council sets Monday, November 8, 1999, at 7 00 p m as
the date for the holding of a Public Hearing on the question of
whether this City Council should establish the Industrial
Development District described above
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3 This City Council directs the City Clerk to provide notice, as
required by law, of the Public Hearing fixed above, so that all
residents or taxpayers of the City of Livonia shall be afforded an
opportunity to be heard on the question of establishing the
Industrial Development District described above
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
On a motion by Laura, seconded by Brosnan, and unanimously adopted, it
was.
#676-99 RESOLVED, that having considered a request by
Councilmember Joe Laura, the Council does hereby refer the matter of
citizen concerns with respect to the service provided by Detroit Edison to
the Committee of the Whole for its report and recommendation
On a motion by Laura, seconded by Brosnan, and unanimously adopted,
it was
#677-99 RESOLVED, that having considered a request by
Councilmember Joe Laura, the Council does hereby refer the matter of the
feasibility of a class action suit against Detroit Edison to the Department of
Law for its report and recommendation (to be submitted within sixty (60)
days)
On a motion by Laura, seconded by Brosnan, and unanimously adopted,
it was
#678-99 RESOLVED, that having considered a request by
Councilmember Joe Laura, the Council does hereby request a report and
recommendation from the Administrative/Mayor's office re defining
problems and proposed solutions to the complaints cited by Livonia
citizens directed toward Detroit Edison
On a motion by Brosnan, seconded by Duggan, and unanimously
adopted, it was
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#679-99 RESOLVED, that having considered the report and
recommendation of the Committee of the Whole, dated September 7,
1999, submitted pursuant to Council Resolution 511-99, regarding the
subject of banners on flag posts throughout the City of Livonia, the Council
does hereby determine to take no further action with respect to this matter
A communication from the Law Department, dated September 17, 1999,
re the adequacy of the Sign Ordinance as it relates to banners on flag posts, was
received and placed on file for the information of the Council
On a motion by Brosnan, seconded by Duggan, and unanimously
adopted, it was
#680-99 RESOLVED, that having considered the report and
recommendation of the Committee of the Whole, dated September 7,
1999, submitted pursuant to Council Resolution 288-98, and a
communication from the City Planning Commission, dated January 28,
1998, which sets forth its resolution 1-10-98 adopted on January 27, 1998,
with regard to Petition 97-12-6-8, submitted by the City Planning
Commission, pursuant to Council Resolution 518-97, to determine
whether or not to amend Article V and Article VI of the Zoning Ordinance
to amend the RUF district and to add a new SE zoning district so as to
provide for the preservation of larger residential lots, and the Council
having conducted a Public Hearing with regard to this matter on March 30,
1998, pursuant to Council Resolution 115-98, the Council does hereby
determine to take no further action with respect to this matter
On a motion by Duggan, seconded by Brosnan, it was
#681-99 RESOLVED, that having considered a communication from
the City Assessor, dated August 31, 1999, approved for submission by the
Mayor, with regard to a request from Mr and Mrs Jack Pelon, Jr , 20320
Purlingbrook, Livonia, Michigan 48152, to split property located south of
Eight Mile Road and west of Middlebelt Road, 20320 Purlingbrook (Tax
Item No 46-005-99-0059-000) into two (2) parcels, the Council does
hereby refer this matter to the Streets, Roads and Plats Committee for its
report and recommendation
A roll call vote was taken on the foregoing resolution with the following
result:
31895
AYES Brosnan, Walsh, Vandersloot, Duggan, Laura and Engebretson
NAYS Pastor
The President declared the resolution duly adopted
On a motion by Laura, seconded by Brosnan, and unanimously adopted, it
was
#682-99 RESOLVED, that having considered a request from
Councilmember Joe Laura, re the condition of the premises located at
11369 Cavell, the Council does hereby determine to take no further action
with respect to this matter
A communication from the Department of Law, dated September 28,
1999, re a letter from a concerned citizen relating to property located at 11369 Cavell,
was received and placed on file for the information of the Council
A communication from the Inspection Department, dated September 28,
1999, re history of complaints and violations on property located at 11369 Cavell, was
received and placed on file for the information of the Council
Councilmember Vandersloot gave First Reading to the following
Ordinance
AN ORDINANCE AMENDING TITLE 2, CHAPTER 100
(CABLE TELEVISION AND REGULATORY ORDINANCE)
OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED
The foregoing Ordinance was placed on the Table for consideration at the
next Regular Meeting of October 13, 1999
A communication from Jeanne Treff, Administrative Assistant in Charge of
Cable in the Community Resources Department, dated September 28, 1999 re the
comparison of Time Warner Cable Franchise and Ameritech New Media Cable
Franchise, the subject of access channels, and the subject of applications fees, was
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received and placed on file for the information of the Council
On a motion by Pastor, seconded by Vandersloot, it was
#683-99 RESOLVED, that having considered a
communication from the Chair of the Cable Television
Commission, dated July 27, 1999, approved by the Director of
Community Resources and the City Attorney and approved for
submission by the Mayor, with regard to the proposed Ameritech
New Media Cable Television Franchise Ordinance, and the
Council having conducted a Public Hearing on this matter on
September 27, 1999, pursuant to Council Resolution 566-99, the
Council does hereby refer this item to the Committee of the Whole
for its report and recommendation
A roll call vote was taken on the foregoing resolution with the
following result:
AYES Brosnan, Walsh, Vandersloot, Pastor, Duggan, and Laura
NAYS Engebretson
The President declared the resolution duly adopted
Councilmember Pastor left the podium at 8 44 p m due to a conflict of interest.
On a motion by Brosnan, seconded by Duggan, it was
#684-99 RESOLVED, that having considered a communication from
Tech Express Corporation, on behalf of 7-Eleven, Inc , dated August 19,
1999, which in accordance with the provisions of Section 19 08 of
Ordinance 543, as amended, the Zoning Ordinance, takes an appeal from
a determination made on August 10, 1999, by the City Planning
Commission in its resolution 8-147-99 with regard to Petition 99-7-2-23
submitted by 7-Eleven, Inc requesting waiver use approval to operate a
convenience store with an SDM license on property located on the
northwest corner of Five Mile and Levan Roads in the Southwest 1/4 of
Section 17, which property is zoned C-1, and having further considered a
subsequent communication dated September 20, 1999 from the Petitioner
indicating that the request for an appeal has been withdrawn, the Council
does hereby determine to take no further action with respect to this matter
based upon the withdrawal of the Petition
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result: A roll call vote was taken on the foregoing resolution with the following
AYES Brosnan, Walsh, Vandersloot, Duggan, Laura and Engebretson
NAYS None
The President declared the resolution duly adopted
Councilmember Pastor returned to the podium at 8 45 p m
On a motion by Brosnan, seconded by Pastor, and unanimously adopted,
it was
#685-99 RESOLVED, that having considered a communication from
the Director of Community Resources, dated September 13, 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 cash donations in the total amount of$5,275 00 from
the contributors set forth in the attachment; FURTHER, the Council does
hereby appropriate and credit the same to Account#702-000-285-215 for
use in the Livonia Youth Assistance Program
On a motion by Duggan, seconded by Brosnan, and unanimously
adopted, it was
#686-99 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.
On a motion by Vandersloot, seconded by Brosnan, it was.
#687-99 RESOLVED, that having considered a communication from
the Department of Law, dated September 28, 1999, approved for
submission by the Mayor, the Council does hereby, by a two-thirds roll call
vote in accordance with Section 7(1) of the Open Meetings Act, direct that
a closed Committee of the Whole meeting be held no later than Thursday,
October 21, 1999, for the purposes of discussing litigation matters and
attorney/client privileged communications in connection with pending
litigation regarding Diane Kramer v City of Livonia
A roll call vote was taken on the foregoing resolution with the following
result:
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AYES Brosnan, Walsh, Vandersloot, Pastor, Duggan, Laura and
Engebretson
NAYS None
The President declared the resolution duly adopted
On a motion by Duggan, seconded by Walsh, and unanimously adopted,
this 1,4018t Regular Meeting of the Council of the City of Livonia was adjourned at 8 48
p m , September 29, 1999
*le/eGI-e
Joan McCotter, City Clerk ''��