HomeMy WebLinkAboutCOUNCIL MINUTES 1999-10-27 MINUTES OF THE ONE THOUSAND FOUR HUNDRED THIRD
REGULAR MEETING OF OCTOBER 27, 1999 31939
On October 27, 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 800 p m Council member Vandersloot delivered the invocation
Roll was called with the following result: Val I Vandersloot, John R.
Pastor, Brian Duggan, Joe Laura, Maureen Miller Brosnan, John Walsh 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;
Jack Fegan, Director of Building Inspection, Mary Rutan, Personnel Director; Mike
Slater, Director of Finance, Linda McCann, Director of Community Resources, Robert
Beckley, Director of Public Works, Peter Kunst, Chief of Police, Barbara Lewis, Acting
City Librarian, Joan McCotter, City Clerk, and Ian Wilshaw, Traffic Commission
On a motion by Brosnan, seconded by Duggan, and unanimously
adopted, it was
#732-99 RESOLVED, that the minutes of the 1,402'd Regular
Meeting of the Council held October 13, 1999 are hereby approved as
submitted
Audience Communication None
On a motion by Brosnan, seconded by Laura, and unanimously adopted, it
was
#733-99 RESOLVED, that the Council does hereby amend the 31940
Orders of the Day to allow the addition of Item #28, the proposed
Ameritech New Media Cable Television Franchise Ordinance, at the end of
the meeting
On a motion by Walsh, seconded by Pastor, and unanimously adopted, it
was.
#734-99 RESOLVED, that the subject matter of the use of the City
Seal and other City property, the Council does hereby refer this matter to
the Committee of the Whole for its report and recommendation
Councilmember Brosnan read the following Proclamation that was
presented to Robert Bennett by the Livonia Community Foundation
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 1,403rd
Regular Meeting held on October 27, 1999
WHEREAS, the purpose of the Livonia Community Foundation is to provide a
stable, substantial and long-term source of funding for many and
various civic, charitable and cultural needs of the community; and
WHEREAS, the Livonia Community Foundation is a means to supplement
monies available through traditional funding sources, and
WHEREAS, all donations to the Livonia Community Foundation are held in trust
to provide an investment endowment, the income from which is used
for community foundation purposes, and
WHEREAS, the source of said funding includes donations from individuals and/or
their estates, and business entities, including partnerships and
corporations, and
WHEREAS, the Livonia Community Foundation is a bona fide and certified
charitable trust under Federal regulations (Section 501 3C) and
State law wherein donations to the Foundation are tax deductible
under Federal law and receive preferential tax credits under
Michigan law;
WHEREAS, donors to the Livonia Community Foundation help provide for 31941
Livonia's future quality of life and may direct the use of the
donations, according to the donor's particular interests, and
WHEREAS, the Livonia Community Foundation, in the spirit of goodwill, charity
and generosity is seeking donations from individuals and businesses
in order to create that permanent source of funding for the various
historical, cultural, civic, and charitable needs of Livonia,
NOW, THEREFORE, BE IT RESOLVED, that the Mayor and Members of the City
Council hereby proclaim the month of November, 1999, to be
Livonia Community Foundation Month and encourage any and
all, able and willing to contribute, to give generously to the Livonia
Community Foundation
IN WITNESS WHEREOF, I have hereunto set
my hand and the Seal of said City this 27th day
of October A.D 1999
Joan McCotter, City Clerk, City of Livonia,
County of Wayne, State of Michigan
Jack E. Kirksey, Mayor Jack Engebretson, Council President
John J Walsh, Vice-President Maureen Miller Brosnan, Councilmember
Brian Duggan, Councilmember Joe Laura, Councilmember
John R. Pastor, Councilmember Val Vandersloot, Councilmember
Mayor Jack E Kirksey accepted the above Proclamation from the Livonia
Community Foundation on behalf of Robert Bennett. He also accepted a contribution
from the Livonia Town Hall in the amount of$1,000 00
A communication from Engineering Division, dated October 25, 1999 re:31942
the status of Rosedale Gardens Paving Project, was received and placed on file for the
information of the Council
A communication from the Department of Law, dated October 20, 1999 re:
individuals currently serving on the PROTEC Board of Directors, was received and
placed on file for the information of the Council (Agenda Item #2)
A communication from the Department of Public Service, dated October
25, 1999, re the merits of a two-wheel drive backhoe loader or a four-wheel drive
backhoe loader, was received and placed on file for the information of the Council
(Agenda Item #5)
A communication from the law firm of Howard & Howard, Suite 101, 1400
North Woodward Avenue, Bloomfield Hills, 48304, dated October 25, 1999, re the
Martin Luther Memorial Home, Inc , was received and filed for the information of the
Council (Agenda Item #12)
On a motion by Duggan, seconded by Pastor, and unanimously adopted,
it was
#735-99 RESOLVED, that having considered a communication from
Pamela Schwartz, 20375 Hubbard, Livonia, Michigan, dated September
27, 1999, requesting that the City consider amending complaint procedures
so the complaints made to the Inspection Department would be handled in
a manner similar to complaints made to the Police Department, the Council
does hereby refer this item to the Department of Law and the Inspection
Department for their reports and recommendations
#736-99 RESOLVED, that having considered a communication from
Pamela Schwartz, 20375 Hubbard, Livonia, Michigan, dated September
27, 1999, requesting that the City consider amending complaint procedures
so the complaints made to the Inspection Department would be handled in
31943
a manner similar to complaints made to the Police Department, the
Council does hereby refer this item to the Legislative Committee for its
report and recommendation
#737-99 RESOLVED, that having considered a communication from
the Mayor, dated October 5, 1999, which bears the signature of the
Director of Finance, to which is attached an invoice from the Michigan
Coalition to Protect the Public Rights-of-Way from Telecommunications
Encroachments (PROTEC) for the City's PROTEC membership dues for
the period July 1, 1999, through June 30, 2000, the Council does hereby
authorize the payment of$25,000 00 from funds already budgeted in the
current 1998-99 Cable Division Budget Account No 297-751-818-005 for
this purpose
#738-99 RESOLVED, that having considered a communication from
the Director of Community Resources, dated September 27, 1999, which
bears the signature of the Director of Finance and is approved for
submission by the Mayor, and to which is attached a proposed agreement
between the City of Livonia and the Wayne County Office of Nutrition
Services for the distribution of U S D.A. TEFAP commodities to low income
residents 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 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
#739-99 RESOLVED, that having considered a communication from
the Director of Community Resources and the Director of Public Works,
dated September 19, 1999, approved by the City Attorney and approved
for submission by the Mayor, to which is attached a proposed contract for
caretaking services at the Historical Village at Greenmead between the
City of Livonia and Gregg Mabey, the term of which is August 18, 1999,
through August 17, 2000, the Council does hereby approve and authorize
the Mayor and City Clerk, for and on behalf of the City of Livonia, to
execute the contract, as well as to do all other things necessary or
incidental to the full performance of this resolution
#740-99 RESOLVED, that having considered a communication from
the Water and Sewer Board, dated October 5, 1999, which bears the
signature of the Director of Finance and is approved for submission by the
Mayor, and which transmits its resolution WS 3281 10/99, the Council does
hereby accept the bid of Wolverine Power and Equipment, 25900 West
Eight Mile Road, Southfield, Michigan 48034, for supplying the Public
Service Division (Water and Sewer Maintenance Section) with one (1)
tractor loader backhoe for a net price of$43,200 00, based on a total price
31944
of$58,200 00 less trade-in of$15,000 00, the same having been in
fact the lowest bid received and meets all specifications
#741-99 RESOLVED, that having considered the report and
recommendation of the Public Utility Manager, Director of Public Works,
Director of Community Resources and Housing Director, dated October 5,
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
JKM Roofing, Inc., 2971 Bellevue, Detroit, Michigan 48207, for completing
all work required in connection with the Shelden Park Senior Center Re-
roofing Project for the sum of$32,000 00, FURTHER, the Council does
hereby authorize the expenditure of a sum not to exceed $32,000 00 from
funds already budgeted in Account No 236-800-818-655 (Community
Development Block Grant) for this purpose, 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
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
#742-99 RESOLVED, that having considered the report and
recommendation of the Superintendent of Public Service and the Director
of Public Works, dated September 28, 1999, which bears the signature of
the Director of Finance and is approved for submission by the Mayor, the
Council does hereby authorize the purchase from Morton Salt, Inc , 100 N
Riverside Plaza, Chicago, Illinois 60606, of 75% of the city's requirement
of rock salt used for ice control at the unit price bid of$18 74 per ton for
the period through April 15, 2000, submitted to the Consortium of
Farmington Hills, Southfield, Southfield School District, Farmington, St.
Clair Shores, Warren, Madison Heights, Wixom, Walled lake, South Lyon
and Eastpointe, the same having been in fact the lowest bid received for
this item, FURTHER, the Council does hereby authorize the purchase
from Cargill Salt, Inc , 24950 Country Club Boulevard, Suite 450, North
Olmsted, Ohio 44070, of 25% of the city's requirement of rock salt used
for ice control at the unit price bid of$23 85 per ton, the same having been
in fact the second lowest bid received for this item, FURTHER, the
Council does hereby authorize such expenditure from funds already
budgeted in Account No 101-463-784-000 for this purpose
A communication from the Department of Law, dated October 1, 1999, re
Administrative Response - re-employment of retirees by the City and status of such
individuals in the retirement system, was received and placed on file for the information
31945
of the Council (CR #266-99 and CR 267-99)
#743-99 RESOLVED, that having considered the report and
recommendation of the Department of Law, dated October 1, 1999,
approved for submission by the Mayor, submitted pursuant to Council
Resolutions 266-99 and 267-99, regarding the re-employment of retirees
by the City and the status of such individuals in the retirement system, the
Council does hereby refer this matter to the Mayor for the purpose of
initiating discussions between the City Unions and the City's Labor
Counsel, Mr George Roumell, concerning proposed amendments to the
City's Defined Benefit and Defined Contribution Ordinances re the
subject of re-employment of retirees by the City; FURTHER, the Council
does hereby refer the subject of military pensions as it relates to this issue
to the Department of Law for its report and recommendation
#744-99 RESOLVED, that having considered the report and
recommendation of the Department of Law, dated October 1, 1999,
approved for submission by the Mayor, submitted pursuant to Council
Resolutions 266-99 and 267-99, regarding the re-employment of retirees
by the City and the status of such individuals in the retirement system, the
Council does hereby refer this matter to the Legislative Committee for its
report and recommendation
#745-99 RESOLVED, that having considered a communication from
the City Attorney and the Superintendent of Parks and Recreation, dated
October 11, 1999, approved for submission by the Mayor, in connection
with the renewal of the contracts between the City of Livonia and the golf
professionals with respect to the Whispering Willows Golf Course and Idyl
Wyld Golf Course (Gary Whitener) and with respect to the Fox Creek Golf
Course (Tom Welsh), the Council does hereby authorize the said extension
in the manner and form herein recommended for Mr Gary Whitener for a
one-year period, expiring on November 15, 2000, the said one-year
extension to be based upon the same terms and conditions as those which
are set forth in a contract dated December 19, 1996, which contract was
previously authorized in Council Resolution 1140-96, adopted on
December 9, 1996, continuing the financial terms as they appear in the last
year of the extended contract, FURTHER, the Council does hereby
authorize the said extension in the manner and form herein recommended
for Mr Thomas Welsh for a three-year period, expiring on November 15,
2002, the said extension to be based upon the same terms and conditions
as those which are set forth in a contract dated December 19, 1996, which
contract was previously authorized in Council Resolution 1140-96, adopted
on December 9, 1996, for the first year of the contract only continuing the
financial terms as they appear in the last year of the extended contract,
with the terms of the second and third years being subject to renegotiation
at the end of the first year, or November 15, 2000, and the Mayor
and City Clerk are hereby authorized, for and on behalf of the City of 31946
Livonia, to affix their signatures to the said contract extensions with the
aforesaid golf professionals, which contracts shall be prepared by the
Department of Law in accordance with the action taken herein, and to do
all other things necessary or incidental to the full performance of this
resolution
#746-99 RESOLVED, that having considered a communication from
the Director of Public Works and the City Engineer, dated September 21,
1999, which bears the signature of the Director of Finance and is
approved for submission by the Mayor, regarding additional work required
to cover the cost of repairing existing drainage structures and the paving
of additional portions of parking lots in connection with the 1999
Miscellaneous Parking Lot Paving Program (Contract 99-K) previously
authorized in Council Resolution 409-99, adopted on June 16, 1999, the
Council does hereby appropriate and authorize the expenditure of the
additional sum of$16,996 12 from Account No 101-463-974-000 to be
paid to R & B Paving, Inc , 62200 Van Dyke, Suite A, Washington
Township, Michigan 48094, for this additional work.
#747-99 RESOLVED, that having considered the report and
recommendation of the Director of Public Works and the City Engineer,
dated September 15, 1999, which bears the signature of the Director of
Finance and is approved for submission by the Mayor, regarding field
inspections in preparation for the Year 2000 Sidewalk Replacement
Program, the Council does hereby authorize retaining Orchard, Hiltz &
McCliment, Inc., 34935 Schoolcraft, Livonia, Michigan 48150, to assist the
Engineering Division with the initial field survey and quantifying portion of
the Year 2000 Sidewalk Replacement Program for the fee of $200 00 per
sidewalk mile with a total amount of such fees not to exceed $9,000 00,
FURTHER, the Council does hereby authorize an expenditure of an
amount not to exceed $9,000 00 from Account No 101-441-818-005
(Engineering Contractual Services) for this purpose, FURTHER, the
Council does hereby authorize a budget adjustment transferring $9,000 00
from Account No 101-716-913-000 (Devon-Aire Building Maintenance) to
Account No 101-441-818-005 (Engineering Contractual Services), 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 company and to do all
other things necessary or incidental to the full performance of this
resolution
#748-99 WHEREAS, the Economic Development Corporations Act,
Act No 338 of the Michigan Public Acts of 1974, as amended (the "Act"),
provides a means for the encouragement and assistance of industrial and
commercial enterprises in locating, purchasing, constructing, 31947
reconstructing, modernizing, improving, maintaining, repairing, furnishing,
equipping and expanding in the City of Livonia (the "City") and the County;
and
WHEREAS, at the request of the City, the Economic Development
Corporation of the County of Wayne (the 'Wayne County EDC") has
commenced proceedings for the assistance, pursuant to the provisions of
the Act and through the issuance of limited obligation economic
development revenue bonds, for the Martin Luther Memorial Home, Inc.
Project (the "Project") which is located in this City; and
WHEREAS, the City Council of the City of Livonia has determined that the
Project is reasonable and necessary to effectuate the purposes of the Act,
that the Project Plan prepared in connection with the Project satisfies all of
the requirements of Section 8 of the Act regarding project plans, that the
persons who will be active in the management of the project for at least
one (1) year after the projected date of the County Board of
Commissioner's approval of the Project Plan will have sufficient ability and
experience to manage the Plan properly, that the proposed method of
financing the Project is feasible, and the City Council has been presented
with the Project Plan in the form attached hereto as Exhibit A, and
WHEREAS, before this Project can proceed under the Act, the City Council
must approve the Project Plan and give its consent to the exercise of
jurisdiction by the Wayne County EDC, and
WHEREAS, the City Council of the City of Livonia has reviewed the subject
Project Plan and desires that Wayne County EDC concur in the
determinations of the City Council with respect thereto,
NOW, THEREFORE, BE IT HEREBY RESOLVED
1 That in accordance with the Act, the City Council hereby approves
the Project Plan attached to this resolution as Exhibit A.
2 That in accordance with the Act, the City Council hereby gives its
consent to the exercise of jurisdiction by the Wayne County EDC with
respect to the Project
3 That the Clerk of the City is instructed to communicate this approval
of the Project Plan and consent to the exercise of jurisdiction to the
Board of Directors of the Wayne County EDC by delivering to said
Board of Directors a certified copy of this resolution
#749-99 RESOLVED, that having considered a communication 31948
from the City Planning Commission, dated October 7, 1999, which
transmits its resolution 10-169-99, adopted on October 5, 1999, with regard
to Petition 99-9-SN-9, submitted by Huron Sign Company, on behalf of
Seven Mile Crossing, requesting approval for signage for the office
complex located at 38701 Seven Mile Road in the Northwest 1/4 of Section
7, the Council does hereby concur in the recommendation of the Planning
Commission and hereby approves Petition 99-9-SN-9, subject to the
following conditions
1 That the Sign Package submitted by Huron Sign Company
requesting three group identification signs at 30 sq ft. each, as
received by the Planning Commission on September 21, 1999, is
hereby approved and shall be adhered to,
2 That these signs shall not be illuminated beyond midnight; and
3 That any additional signage shall come back before the Planning
Commission and City Council for their review and approval
#750-99 RESOLVED, that having considered a communication from
the City Planning Commission, dated October 7, 1999, which transmits its
resolution 10-170-99, adopted on October 5, 1999, with regard to Petition
99-9-SN-10, submitted by Huron Sign Company, on behalf of Nextlink,
requesting approval for signage for the office building located at 38701
Seven Mile Road in the Northwest 1/4 of Section 7, the Council does
hereby concur in the recommendation of the Planning Commission and
hereby approves Petition 99-9-SN-10, subject to the following conditions.
1 That the Sign Package submitted by Huron Sign Company
requesting one wall sign at 100 sq ft., as received by the Planning
Commission on September 27, 1999, is hereby approved and shall
be adhered to,
2 That these signs shall be illuminated only between the hours of 30
minutes before dusk to midnight; and
3 That any additional signage shall come back before the Planning
Commission and City Council for their review and approval
#751-99 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
31949
place before the City Council of the City of Livonia on Wednesday,
December 8, 1999, at 7 00 p m. at the City Hall, 33000 Civic Center Drive,
Livonia, Michigan, with respect to the following item
Petition 99-6-1-7, as amended, submitted by Kenneth M. Hunt, on
behalf of Hunt's Ace Hardware, for a change of zoning of property
located on the west side of Myron, south of Seven Mile Road, in the
Northeast 1/4 of Section 9, from R-3 to P, the City Planning
Commission in its resolution 10-171-99 having recommended to the
City Council that Petition 99-6-1-7, as amended, be approved only
with respect to the north 20 feet of Lot 381,
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
Coy other things necessary or incidental to the full performance of this
resolution
A roll call vote was taken on the foregoing resolutions with the following
result:
AYES Vandersloot, Pastor, Duggan, Laura, Brosnan, Walsh and
Engebretson
NAYS None
The President declared the resolutions duly adopted
On a motion by Vandersloot, seconded by Pastor, and unanimously
adopted, it was
#752-99 RESOLVED, that the Council hereby determines that the
Annual Budget for the fiscal year as submitted by the Mayor for the next
Fiscal Year commencing December 1, 1999, and ending November 30,
2000, as shown in the budget document in Section I, submitted by the
Mayor to the Council on September 15, 1999, pursuant to Section 3,
Chapter VII of the City Charter, be and hereby is determined and
adopted, and appropriations made as provided by the City Charter; 31950
provided, however, for the monthly reports to the Council, the amounts as
shown in Sections III and IV should be used for comparative reporting
purposes, and Council approval is required for any modification to the
amounts shown in Section I, and that all proceedings on said Budget be
and hereby are approved as being in full conformance with the City
Charter, a Public Hearing having been held on October 6, 1999, after
proper notice being published in the Livonia Observer and Eccentric, the
official newspaper of the City, on September 26, 1999, and provided further
that the City Clerk shall publish or cause to be published this resolution
together with a summary of said Budget as adopted herein, together with
the minutes of this meeting
On a motion by Vandersloot, seconded by Walsh, and unanimously
adopted, it was
#753-99 RESOLVED, that pursuant to Section 5, Chapter VII and
Section 1 of Chapter VIII of the Charter of the City of Livonia, the Council
does hereby establish a tax levy of 4 1185 mills, of the taxable valuation of
all real and personal property subject to taxation in the City of Livonia for
the next fiscal year commencing December 1, 1999, and ending November
30, 2000, and in addition to the above amount which is authorized to be
levied for general purposes by the Charter of the City of Livonia
(a) The Council does hereby establish a tax levy of 8237 mills, of the
Taxable Valuation of all real and personal property subject to taxation in
the City of Livonia for the fiscal year set out above, pursuant to Section 1 of
Chapter VIII of the Charter of the City of Livonia, for the purpose of
providing additional revenues for police protection and law enforcement
personnel, equipment, supplies and facilities of the City of Livonia, in
addition to the amount authorized to be levied for general municipal
purposes,
(b) The Council does hereby establish a tax levy of 1.2356 mills, of the
Taxable Valuation of all real and personal property subject to taxation in
the City of Livonia for the fiscal year set out above, pursuant to Section 1 of
Chapter VIII of the Charter of the City of Livonia, for the purpose of
providing additional revenues for fire, police and snow removal personnel,
equipment, supplies and facilities of the City of Livonia, in addition to the
amount authorized to be levied for general municipal purposes,
(C) The Council does hereby establish a tax levy of 8237 mills, of the
Taxable Valuation of all real and personal property subject to taxation in
the City of Livonia for the fiscal year set out above, pursuant to
Section 1 of Chapter VIII of the Charter of the City of Livonia, for the 31951
purpose of providing additional revenues for library services, supplies and
facilities in the City of Livonia, in addition to the amount authorized to be
levied for general municipal purposes,
(d) The Council does hereby establish a tax levy of 0132 mills, of the
Taxable Valuation of all real and personal property subject to taxation in
the City of Livonia for the fiscal year set out above, pursuant to the
provisions of Act 379 of the Public Acts of 1925, for the purpose of
advertising, exploiting and making known the industrial and commercial
advantages of the City of Livonia and to establish projects for the purpose
of encouraging immigration to, and increasing the trade, business and
industries of the City of Livonia, in addition to the amount which is
authorized to be levied for general municipal purposes,
(e) The Council does hereby establish a tax levy of 2 1226 mills, of the
Taxable Valuation of all real and personal property subject to taxation in
the City of Livonia for the fiscal year set out above, pursuant to the
provisions of Act 298 of the Public Acts of 1917, for the purpose of
establishing, operating, maintaining and administering the Municipal
Garbage Collection System and/or plant for the collection and disposal of
garbage and refuse in the City of Livonia, in addition to the amount
authorized to be levied for general municipal purposes,
(f) The Council does hereby establish a tax levy of 3259 mills, of the
Taxable Valuation of all real and personal property subject to taxation in
the City of Livonia for the fiscal year set out above, for the purpose of debt
retirement on the 1990 Street Improvement Bond, Series I, Series II, Series
III and Series IV, in addition to the amount which is authorized to be levied
for general municipal purposes,
(g) The Council does hereby establish a tax levy of 5094 mills, of the
Taxable Valuation of all real and personal property subject to taxation in
the City of Livonia for the fiscal year set out above, for the purpose of
defraying City expenses and liabilities for the collection and disposal
activities required for curbside recycling and yard waste composting
programs, in addition to the amount authorized to be levied for general
municipal purposes,
(h) The Council does hereby establish a tax levy of 8000 mills, of the
Taxable Valuation of all real and personal property subject to taxation in
the City of Livonia for the fiscal year set out above, for the purpose of
providing additional revenues for a community recreation center, youth and
recreation personnel, equipment, supplies, facilities and operations, in
addition to the amount authorized to be levied for general municipal 31952
purposes,
AND PROVIDED FURTHER, that the Wayne County Bureau of Taxation,
City Assessor, City Treasurer and City Clerk are hereby authorized and
directed to do all things necessary or incidental to the full performance of
this resolution, and the City Clerk is hereby requested to immediately
transmit copies of this resolution to each of the above offices
On a motion by Vandersloot, seconded by Duggan, and unanimously
adopted, it was
#754-99 RESOLVED, that having considered the report and
recommendation of the Finance, Insurance and Budget Committee, dated
October 12, 1999, submitted pursuant to Council Resolution 798-98, and
the report and recommendation of the Director of Finance, dated
September 25, 1998, regarding Defined Contribution Plan investment
options, the Council does hereby refer the subject of what other
municipalities are doing in managing their Defined Contribution Retirement
Plans, particularly about investment options, to the Director of Finance for a
report and recommendation
On a motion by Vandersloot, seconded by Brosnan, and unanimously
adopted, it was
#755-99 RESOLVED, that having considered the report and
recommendation of the Finance, Insurance and Budget Committee, dated
October 12, 1999, submitted pursuant to Council Resolution 798-98, and
the report and recommendation of the Director of Finance, dated
September 25, 1998, regarding Defined Contribution Plan investment
options, the Council does hereby refer the subject of the amount of monies
in the forfeiture account of the Defined Contribution Retirement Plan, and a
list of possible outside consultants and their range of fees in providing
reviews of investments, to the Director of Finance for a report and
recommendation
Councilmember Walsh took from the table, for second reading and
adoption, the following Ordinance
AN ORDINANCE AMENDING SECTION 2 08 OFARTICLE II
AND SECTION 4 02 OF ARTICLE IV, AND ADDING SECTION
31953
4 11 TO ARTICLE IV AND SECTION 5 14 TO ARTICLE V OF
ORDINANCE NO 543, AS AMENDED, KNOWN AND CITED AS
"THE CITY OF LIVONIA ZONING ORDINANCE" (Petition 99-2-1-6)
A roll call vote was taken on the foregoing Ordinance 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 the Department of Law, dated October 15, 1999,
re additional information for Proposed Amendments to Section 2 08 and 4 02, and
adding Sections 4 11 and 5 14 to Ordinance No 543, as amended — Petition 99-2-6-1 -
was received and placed on file for the information of the Council
Councilmember Walsh took from the table, for second reading and
adoption, the following Ordinance
AN ORDINANCE AMENDING SECTION 5 03
OF ARTICLE V OF ORDINANCE NO 543, AS
AMENDED, KNOWN AND CITED AS THE
"CITY OF LIVONIA ZONGING ORDINANCE"
Petition 99-2-6-1
A roll call vote was taken on the foregoing Ordinance 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 the Department of Law, dated October 15, 1999,
31954
re additional information for the Proposed Amendment to Section 5 03 of Zoning
Ordinance No 543, as amended — Petition 99-2-6-1, was received and filed for the
information of the Council
Councilmember Duggan took from the table, for second reading and
adoption, the following Ordinance
AN ORDINANCE AMENDING SECTION 7 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 99-2-1-3)
A roll call vote was taken on the foregoing Ordinance 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
On a motion by Pastor, seconded by Walsh, and unanimously adopted, it
was
#756-99 RESOLVED, that having considered a letter from the
Michigan Liquor Control Commission, dated July 22, 1999, and the report
and recommendation of the Chief of Police, dated September 20, 1999,
regarding a request from Marvin's Bistro, Inc for a new Dance Permit to be
held in conjunction with a 1999 Class C license with Official Permit (Food)
for a business located at 29300 Broadmoor, Livonia, Michigan 48154,
Wayne County, the Council does hereby take this means to advise the
Michigan Liquor Control Commission that the City Council approves the
said request; and the City Clerk is hereby requested to forward a certified
copy of this resolution to the Michigan Liquor Control Commission
Susan Anastasiou, representing Marvin's Bistro, was present at the
meeting to answer questions of the Council 31955
A communication from the Fire Marshal, dated October 26, 1999, re.
compliance of violations previously issued to Marvin's Bistro, 29300 Broadmoor, was
received and filed for the information of the Council.
On a motion by Brosnan, seconded by Pastor, and unanimously adopted,
it was.
#757-99 RESOLVED, that having considered a communication from
the Director of Public Works and the Superintendent of Public Service,
dated September 23, 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 AIS Construction Equipment, 56555 Pontiac Trail,
New Hudson, Michigan 48165, for supplying the Public Service Division
(Equipment Maintenance Section) with one (1) two-wheel drive backhoe
loader for a net price of$58,400 00, based on a total price of$66,900.00
less trade-in of$8,500 00, the same having been in fact the lowest bid
received which meets all specifications, and the bid of Wolverine Power
and Equipment is hereby rejected for the reasons indicated in the
attachment.
A communication from Public Service Division, dated October 25,
1999, re Equipment Trade-Ins vs Auctions, was received and filed for the information
of the Council
A communication from Public Service Division, dated October 25,
1999, re Wolverine Power and Equipment Company's bid for a two-wheel drive
Backhoe Loader, was received and filed for the information of the Council
Councilmember Pastor left the podium at 8 46 p m due to a conflict of interest.
On a motion by Duggan, seconded by Vandersloot, and unanimously
adopted, it was.
#758-99 RESOLVED, that having considered a communication 31956
from the City Planning commission, dated October 7, 1999, which transmits
its Resolution 10-167-99 adopted on October 5, 1999, with regard to
Petition 99-9-8-24 submitted by J Howard Nudell Architects, Inc., on behalf
of Farmer Jack, requesting site plan approval in connection with a proposal
to renovate a portion of the exterior building elevation of the building
located at 29659 Seven Mile Road in the Northeast ' of Section 11,
pursuant to the provisions set forth in Section 18 47 of Ordinance No 543,
as amended, the Council does hereby concur in the recommendation of the
Planning Commission and Petition 99-9-8-24 is hereby approved and
granted, subject to the following conditions.
1 That the Site Plan, marked Sheet SP-1, prepared by J Howard Nudell
Architects, Inc., as received by the Planning Commission on October
13, 1999, is hereby approved and shall be adhered to,
2 That the Exterior Building Elevation Plan, marked Sheet Elevations,
prepared by J Howard Nudell Architects, Inc., as received by the
Planning Commission on September 22, 1999, is hereby approved and
shall be adhered to,
3 That the petitioner shall correct to the Inspection Department's
satisfaction the following site deficiencies as outlined in the
correspondence dated September 29, 1999, prior to a certificate of
occupancy being issued
- that the entire parking lot shall be repaired, resealed and double
striped,
- that all landscaped areas shall be restored and thereafter permanently
maintained in a healthy condition,
- that the required accessible parking spaces shall be installed according
to the current BOCA Codes,
- that the Planning and Inspection Departments review the protective
screen wall at the rear of the property to determine what improvements
are needed by either providing additional plant material, extending the
height of the wall and/or some other form that would suffice,
4 That additional landscaping will be added to the south side of the
property to the satisfaction of the Planning Director;
5 That only the 168 sq ft. "Farmer Jack" wall sign and the 30 sq. ft.31957
"Pharmacy" wall sign, as shown on the approved Elevation Plans, are
hereby approved,
6 That the ground sign shall not be larger than 40 sq ft. in sign area and
shall not exceed a height of 6 ft.,
7 That the approval of the signage is subject to the applicant being
granted a variance by the Zoning Board of Appeals and any conditions
related thereto, and
8 That any additional signage shall come back before the Planning
Commission and City Council for their review and approval.
A roll call vote was taken on the foregoing resolution with the following result:
AYES Vandersloot, Duggan, Laura, Brosnan, Walsh and Engebretson
NAYS None
Al Wolltenbach and John Stonek, representatives from Farmer Jack, were
present to answer questions of the Council
Councilmember Pastor returned to the podim at 8 48 p m
On a motion by Walsh, seconded by Vandersloot, and unanimously
adopted, it was
#759-99 WHEREAS, pursuant to Act No 198 of the Public Acts of 1974,
as amended, this Council has the authority to establish industrial
development districts within the boundaries of the City of Livonia, and
WHEREAS, a proposal was made regarding the establishment of an
industrial development district encompassing land situated in the City of
Livonia and comprised of an area of approximately 20.20 acres lying in the
Northeast 1/4 of Section 30, more particularly described in Exhibit A,
attached hereto and incorporated by reference herein, which area is
hereinafter referred to as "City of Livonia Industrial Development District
No 77," and
WHEREAS, written notice has been given by certified mail to Admiral Tool
& Manufacturing Company of the Council's pending action on this
resolution and of its right to a hearing on the establishment of proposed
City of Livonia Industrial Development District No 77, and
WHEREAS, notice has been given to all interested owners, residents
and taxpayers in the Livonia area of a public hearing on the establishment
of the proposed City of Livonia Industrial Development District No 77, and
WHEREAS, on Monday, October 11, 1999, a public hearing was held on
the establishment of proposed City of Livonia Industrial Development
District No 77, at which time Admiral Tool & Manufacturing Company and
other taxpayers and residents of the City of Livonia had an opportunity to
be heard (a copy of the statements both written and oral made at such
hearing being on file with this City Council), and a representative of Admiral
Tool & Manufacturing Company attended said hearing and acknowledged
receipt of notice of such hearing on behalf of the said corporation,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
LIVONIA, AS FOLLOWS
1 An Industrial Development District is hereby established, such
district to consist of the area described in Exhibit A, attached hereto
2 Such Industrial Development District is hereby designated as the
"City of Livonia Industrial Development District No 77 "
EXHIBIT A
ADMIRAL TOOL & MANUFACTURING CO.
Legal Description of Property at the Kensington Center
Land of the City of Livonia, Wayne County, Michigan, described as
That part of the northwest quarter of Section 30 Township 1 South Range
9 East, beginning at a point on the East and west % line of said Section 30
distant north 89 degrees 29 minutes 37 seconds west, 1330 5 feet from the
east 1/4 corner of Section 30, and proceeding thence along said East and
West '/. line north 89 degrees 29 minutes 37 seconds west 703 10 feet to a
point; thence north 0 degrees 16 minutes 03 seconds east 1372 95 feet to
a point on the southerly line of the Chesapeake and Ohio railway (formerly
known as Pere Marquette Railroad) Right-of-Way, thence along said
southerly line south 75 degrees 27 minutes 28 seconds east 725 49 feet to
a point; thence south 0 degrees 16 minutes 03 seconds west, 1196 99 feet
to the point of beginning
Together with and easement of Right-of-Way for an industrial railroad track
over the following described land That part of the northeast quarter of
Section 30, Township 1 South, Range 9 East, City of Livonia, Wayne
County, Michigan, commencing at a point on the easterly line of the 31959
property conveyed to Ford Motor Company, said point being north 89
degrees 29 minutes 37 seconds west, 1330 5 feet and north 0 degrees 16
minutes 3 seconds east 1121 99 feet from the easterly corner of Section
30, and proceeding thence along said line north 0 degrees 16 minutes 3
seconds east 75 00 feet to a point on the southerly line of Chesapeake and
Ohio Railroad Company (heretofore known as Pere Margate Railroad)
Right-of Way of 100 foot width, thence along said southerly line south 75
degrees 27 minutes 28 seconds east 250 feet to a point; thence returning
in a straight line running in a westerly direction to the point of beginning,
being the same easement as that which is described in the deed from Ford
Motor Company to the United States of America, dated June 29, 1955 and
recorded in the Office of Register of Deeds, Wayne County, Michigan, in
liber 12634, page 33 on June 29, 1955
On a motion by Pastor, seconded by Duggan and unanimously adopted, it
was.
#760-99 RESOLVED, that having considered a communication from
the City Planning Commission, dated July 21, 1999, which sets forth its
resolution 7-122-99, adopted on July 13, 1999, with regard to Petition 99-5-
1-5, submitted by C & J Futuristic, Inc., for a change of zoning of property
located on the west side of Farmington Road between Eight Mile Road and
Norfolk Avenue in the Northeast 1/4 of Section 4, from RUFA to RC, and
the Council having conducted a public hearing with regard to this matter on
Monday, October 11, 1999, pursuant to Council Resolution 570-99, the
Council does hereby concur in the recommendation of the Planning
Commission and Petition 99-5-1-5 is hereby denied for the following
reasons
1 That the proposed change of zoning will not provide for a unified and
comprehensive development of the area,
2 That the proposed change of zoning is inconsistent with adjacent
zoning districts and uses in the area,
3 That the proposed change of zoning will provide for an unacceptable
increase in the population density in the subject area, and
4 That the proposed change of zoning will provide for uses which are
already prevalent in the area
On a motion by Brosnan, seconded by Duggan, and unanimously
adopted, it was 31960
#761-99 RESOLVED, that having considered a communication from
the Acting City Librarian, dated October 5, 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 donations of
gifts and cash in the amount of$858 71 from the contributors set forth in
the attachment for use as indicated in the attachment; FURTHER, the
amount of$858 71 is to be deposited to and credited to Account No 702-
000-285-271 for the purposes as designated by the donors.
On a motion by Brosnan, seconded by Walsh, and unanimously adopted,
it was.
#762-99 RESOLVED, that having considered a communication from
the Director of Community Resources, dated October 18, 1999, which
bears the signature of the Director of Finance and is approved for
submission by the Mayor, the Council does, for and on behalf of the City of
Livonia, accept a cash grant in the amount of$3,920 00 from the Target
Stores, the same to be appropriated and credited to Account #702-000-
285-215 for use in connection with the Livonia Youth Assistance Program
Councilmember Brosnan gave first reading to the following Ordinance
AN ORDINANCE ADDING SECTION 5-2000 OF TITLE
5, CHAPTER 20 (THE AMERITECH NEW MEDIA, 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 The above
Ordinance was placed on the table for consideration at the next regular meeting
Ameritech New Media's reaction to Council action must be received within 30
days of publication of the said Ordinance
President Engebretson relinquished the Chair to Vice-President Walsh at
9 00 p m and spoke to the Council regarding the Ameritech New Media Cable Television
franchise President Engebretson resumed the Chair at 9 12 p m
Audience Communication - Bob Bennett thanked the Council for the
Proclamation accepted on his behalf from Livonia Community Foundation and also for
the generous check from Town Hall.
Councilmember John Walsh congratulated the entire board of the
Livonia Community Foundation, especially the efforts of Bob Bennett. 31961
Councilmember Laura acknowledged Bob Bennett's continuing
contributions to the City of Livonia
Linda Benko, 18246 Middlebelt, stated to the Council that she would like to
come back to the next Study Meeting of November 3, 1999
Councilmember Duggan extended congratulations to Jack Engebretson
and his wife on their 42nd anniversary, and also wished his wife, Laura, a belated "Happy
Birthday"
Council President Engebretson expressed his love for his wife on the
occasion of their 42"d anniversary
Councilmember Brosnan congratulated Brendon & Bridget Brosnan, on the
birth of twins Dillon and Dakota, 5 lbs and 5 lbs., 1 oz.
City Clerk Joan McCotter stated that there is still time to obtain absentee
voter ballots for the upcoming election on November 2, 1999
Councilmember Duggan wished everyone a "Happy Halloween" and
asked everyone to drive safely and to be watchful for children
On a motion by Duggan, seconded by Brosnan, and unanimously adopted,
this 1403rd Regular Meeting of the Council of the City of Livonia was adjourned at 9 26
p.m., October 27, 1999
ji "- 74- R46-/ZZ47-''t-
an McCotter, City Clerk