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HomeMy WebLinkAboutCOUNCIL MINUTES 1999-06-16 31684 MINUTES OF THE ONE THOUSAND THREE HUNDRED AND NINETY-FIFTH REGULAR MEETING OF JUNE 16. 1999 On June 16, 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 Brosnan delivered the invocation asking for a moment of silence for Kay Taylor, recently deceased, wife of former Councilmember Gerald (Joe) Taylor Roll was called with the following result: Maureen Miller Brosnan, John J Walsh*, Val I Vandersloot, Brian Duggan, Joe Laura and Jack Engebretson, Absent: John R Pastor Elected and appointed officials present: Joan McCotter, City Clerk, Ronald Reinke, Superintendent of Parks and Recreation, Stan Dobis, Cable Commission, Ian Wilshaw, Traffic Commission, Bill Poppenger, Planner IV, Michael Slater, Director of Finance, Robert J Beckley, Director of Public Works, , Robert J Schron, City Engineer; Sean P Kavanagh, City Attorney; and Kevin Roney, Public Utilities Manager On a motion by Laura, seconded by Brosnan, and unanimously adopted, it was #396-99 RESOLVED that the Council does hereby amend the Orders of the Day as requested to omit Item 11 from the Consent agenda, to change X1 to Item 30, to change X2 to Item 31 and to move #20 to the end of the Agenda to become Item 32 Councilmember Laura congratulated Kirsten Galka and Frank Kokenakas on their victory in the School Board elections 31685 Councilmember Duggan congratulated Councilmember Brosnan and her husband on their 7th wedding anniversary, also mentioning that his 17th wedding anniversary would be celebrated this coming Saturday On a motion by Brosnan, seconded by Duggan, and unanimously adopted, it was #397-99 RESOLVED, that the minutes of the 1,394th Regular Meeting of the Council of the City of Livonia, held June 2, 1999, are hereby approved as submitted * Councilmember Walsh arrived at 8 10 p m The President relinquished the Chair to Vice President Walsh at 8 10 p m On a motion by Engebretson, seconded by Vandersloot, it was #398-99 RESOLVED, that having considered a communication from Council President Engebretson, dated June 8, 1999, the Council does hereby reconsider the request from Stegner Electric Controls, Inc , dated May 3, 1999, to transfer facilities from 35432 Industrial Road, Livonia, Michigan, to Auburn Hills, Michigan, and to obtain a 1974 P.A. 198 Exemption for the Auburn Hills facility A roll call vote was taken on the foregoing resolution with the following result: AYES Brosnan, Walsh, Vandersloot, and Engebretson NAYS Duggan, and Laura The Vice President declared the resolution adopted On a motion by Engebretson, seconded by Vandersloot, it was. # 399-99 RESOLVED, that having considered a letter from Stegner Electric Controls, Inc , dated May 3, 1999, wherein it is indicated that Stegner Electric Controls, Inc. intends to transfer facilities from 35432 Industrial Road, Livonia, Michigan, to Auburn Hills, Michigan, and which further indicates that Stegner Electric Controls, Inc. desires to obtain a 1974 P.A. 198 Exemption for the Auburn Hills facility, the Council does hereby consent to the transfer as herein requested, and the City Clerk is hereby requested to do all things necessary or incidental to the full performance of this resolution A roll call vote was taken on the foregoing resolution with the following result: 31686 AYES NAYS Brosnan, Walsh, Vandersloot, and Engebretson Duggan, and Laura The Vice President declared the resolution adopted On a motion by Engebretson, seconded by Vandersloot, it was #400-99 RESOLVED, that having considered a communication from Council President Engebretson, dated June 8, 1999, the Council does hereby reconsider the letter from the Michigan Economic Development Corporation, dated April 28, 1999, with regard to a loan application submitted to the Michigan Strategic Fund by Stegner Electric Controls, Inc., wherein it is indicated that the proceeds of Industrial Development Revenue Bonds issued by the Fund are for a new facility to be located in Auburn Hills, Michigan, and that the said company will be transferring its existing facility from Livonia, Michigan, to Auburn Hills, Michigan A roll call vote was taken on the foregoing resolution with the following result: AYES Brosnan, Walsh, Vandersloot, and Engebretson NAYS Duggan, and Laura The Vice President declared the resolution adopted On a motion by Engebretson, seconded by Vandersloot, it was. #401-99 RESOLVED, that having considered a letter from Michigan Economic Development Corporation, dated April 28, 1999, with regard to a loan application submitted to the Michigan Strategic Fund by Stegner Electric Controls, Inc., wherein it is indicated that the proceeds of Industrial Development Revenue Bonds issued by the Fund are for a new facility to be located in Auburn Hills, Michigan, and that the said company will be transferring its existing facility from Livonia, Michigan, to Auburn Hills, Michigan, the Council does hereby give notice that it consents to the transfer of employment as herein requested in accordance with Section 12A of the Michigan Strategic Fund Act, 1984 PA 270, and the City Clerk is hereby requested to do all things necessary or incidental to the full performance of this resolution A roll call vote was taken on the foregoing resolution with the following result. AYES Brosnan, Walsh, Vandersloot, and Engebretson 31687 NAYS Duggan, and Laura The Vice President declared the resolution adopted Council President Engebretson resumed the Chair at 8 25 p m A communication from the Department of Finance, dated May 25, 1999, re forwarding various financial statements of the City of Livonia for the month ending April 30, 1999, was received and placed on file for the information of Council On a motion by Brosnan, seconded by Walsh, it was #402-99 RESOLVED, that having considered an application from Brian Huntoon, 18417 Foch, dated May 15, 1999, requesting permission to close Foch between Pickford and Clarita on Saturday, July 10, 1999, from 12 00 p m. to 1000 pm 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 Saturday, July 24, 1999, in the event of inclement weather, the action taken herein being made subject to the approval of the Police Department. #403-99 RESOLVED, that having considered an application from Michele Stout, 35471 Elmira, and Mary Jarrett, 35414 Elmira, dated May 18, 1999, requesting permission to close Elmira between Yale and Leon on Saturday, June 26, 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, June 27, 1999, in the event of inclement weather, the action taken herein being made subject to the approval of the Police Department. #404-99 RESOLVED, that having considered an application from Ann Makinen, 15431 Huff, dated May 20, 1999, requesting permission to close Huff between Lancaster and Five Mile Road on Saturday, August 28, 1999, from 3 00 p m to 1000 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. #405-99 RESOLVED, that having considered an application from Joanne Thompson, 14427 Summerside, dated May 19, 1999, requesting permission to close Summerside, south of Lyndon, on Saturday, July 24, 1999, from 11 00 am to 10 00 p m for the purpose of conducting a block 31688 party, the Council does hereby grant permission as requested, the action taken herein being made subject to the approval of the Police Department. #406-99 RESOLVED, that having considered an application from Terry Lambert, 33051 Perth, dated May 27, 1999, requesting permission to close Perth between Westmore and Loveland on Saturday, July 10, 1999, from 1 00 p m to 9 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 Saturday, July 17, 1999, in the event of inclement weather, the action taken herein being made subject to the approval of the Police Department. #407-99 RESOLVED, that having considered a communication from the Mayor, dated May 20, 1999, the Council does hereby approve of and concur in the appointment of Mr H Shane, 15635 Ellen Drive, Livonia, Michigan 48154, to the City Planning Commission, which term will expire on June 9, 2000, provided that Mr Shane takes the Oath Of Office as required in Chapter X, Section 2 of the City Charter, to be administered by the City Clerk. #408-99 RESOLVED, that having considered a communication from the Department of Law, dated May 13, 1999, transmitting for Council acceptance a Warranty Deed more particularly described as follows Warranty Deed dated April 27, 1999, executed by John J Wheeler, a/k/a John Jessie Wheeler and Janice M Mayes, to the City of Livonia for. Description Of Birch Run Road Right-Of-Way A parcel of land in part of Lots 533-536, inclusive of"Supervisor's Livonia Plat No 9", of part of the Southeast 1/4 of Section 30, Town 1 South, Range 9 East, City of Livonia, Wayne County, Michigan, as recorded in Liber 66 of Plats, Page 60, Wayne County Records, more particularly described as follows Commencing at a point on the West line of Lot 536, said point being N 01°54'10" W, 341.22 feet from the Southwest Corner of said Lot 536, thence continuing N 01°54'10" W , 60 00 feet, thence S 88°05'50" E , 273 01 feet to the East line of said Lot 533, thence S 01°54' 10" E, 60 00 feet along said East line, thence N 88°05'50" W , 273 01 feet to the point of beginning, containing 16,381 square feet, more of less (Birch Run Right of Way; 60 Feet Wide) the Council does hereby, for and in behalf of the City Of Livonia, accept the aforesaid Warranty Deed, and the City Clerk is hereby requested to do all other things necessary or incidental to fulfill the purpose of this resolution, AND BE IT FURTHER RESOLVED, that said Birch Run Road is an improved public street and is open for public street purposes, and 31689 FURTHER, that said street is accepted into the City's Local Street System #409-99 RESOLVED, that having considered the report and recommendation of the Director of Public Works and the City Engineer, dated May 28, 1999, which bears the signature of the Director of Finance, is approved by the Superintendent of Parks and Recreation and is approved for submission by the Mayor, the Council does hereby accept the unit price bid of R & B Paving, Inc., 62200 Van Dyke, Suite A, Washington Township, Michigan 48094, for completing all work required in connection with the 1999 Miscellaneous Parking Lot Paving Program (Contract 99-K) in the total amount of$168,987 99, 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 expenditure of a sum not to exceed $28,567 50 from funds already budgeted in Account No 265-334-975-000 (Police Range Parking Lot), an expenditure in the amount of$110,471 50 from funds already budgeted in Account No 101-463-974-000 (Ford Field Parking Lot, Rotary Park Driveway, Devon-Aire Parking Lot), and an expenditure in the amount of$29,948 99 from funds already budgeted in Account No 101-720-987-000 (Clements Circle Pool Parking Lot) 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 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 #410-99 RESOLVED, that having considered the report and recommendation of the Director of Public Works and the City Engineer, dated May 28, 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 Hard Rock Concrete Co , Inc., 20126 Riverside Drive, Livonia, Michigan 48152, for completing all work required in connection with the 1999 Concrete Pavement and Catch Basin Repair Program (Contract 99-E), including repair of pavements damaged due to water main breaks at various locations throughout the City, for the estimated total cost of$808,772 50, based upon 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 expenditure of a sum not to exceed $8,772 50 from Account No 203-463-818-100 (Water Main Restoration), $350,000 00 from the Michigan Transportation Fund (Major Road Account) and $450,000 00 31690 from the Michigan Transportation Fund (Local Road Account) 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 A communication from the Planning Commission, dated May 25, 1999 re Camborne Stark School Subdivision, indicating that they have rescinded Planning Commission Resolution #1-01-99, adopted on January 12, 1999, with respect to the Final Plat Approval for Camborne Stark School Subdivision to be located on the southwest corner of Stark Road and Pinetree Avenue in the Northwest 1/4 of Section 33, was received and placed on file for the information of Council #411-99 RESOLVED, that having considered a communication from the City Planning Commission, dated May 25, 1999, which sets forth its resolution 5-87-99, adopted on May 18, 1999, with regard to a request from Zef lvezaj for a one-year extension of the approval of Petition 97-11- 8-23 which received Site Plan Approval to construct a site condominium development (Gruda Site Condominiums) on property located on the west side of Henry Ruff between Six Mile Road and Puritan Avenue in the Northeast 1/4 of Section 14, previously granted in Council Resolution 275- 98, adopted on April 8, 1998, the Council does hereby concur in the recommendation of the Planning Commission and does hereby grant the requested extension for a one-year period, subject to compliance with all of the conditions and requirements set forth in the original site plan approval #412-99 RESOLVED, that having considered a communication from the City Planning Commission, dated May 12, 1999, which transmits its resolution 5-85-99 adopted on May 4, 1999, with regard to Petition 99-4-8- 14 submitted by Chinese Gospel Church, requesting site plan approval in connection with a proposal to construct a parking lot on property located at 35301 Five Mile Road in the Northwest 1/4 of Section 21, pursuant to the provisions set forth in Section 18 58 of Ordinance No 543, as amended, the Council does hereby concur in the recommendation of the Planning Commission and Petition 99-4-8-14 is hereby approved and granted, subject to the following conditions 31691 1 That the Site Plan submitted by the Chinese Gospel Church, as received by the Planning Commission on April 8, 1999, is hereby approved and shall be adhered to, 2 That all disturbed lawn areas shall be sodded in lieu of hydroseeding, 3 That the petitioner shall correct to the Inspection Department's satisfaction the following site deficiencies as outlined in the correspondence dated April 26, 1999 - that the existing lot shall be repaired, resealed and double striped - that the existing directional signs shall be repainted or replaced - that the required accessible parking spaces shall be installed according to the current BOCA codes - that all new light standards shall be shielded from the adjacent properties and shall not exceed 20 ft. in height. #413-99 WHEREAS, the City of Livonia has received a request from R L Schmitt Co Inc., dated May 28, 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 1 12 acres lying in the Northwest 1/4 of Section 28 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 75", NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF LIVONIA, as follows 1 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 75 2 This City Council sets Monday, August 9, 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 31692 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, Duggan, Laura, and Engebretson NAYS None A communication from Mr William Madden with attached new color renditions, dated June 11, 1999, re Proposed Laurel Pointe Building Signage, was received and placed on file for the information of Council A communication from the Planning Commission dated June 8, 1999 re Proposed Laurel Pointe Building Signage, was received and placed on file for the information of Council A communication from the Engineering Division dated June 8, 1999, re Proposed Laurel Pointe Building Signage, was received and placed on file for the information of Council On a motion by Laura, seconded by Duggan, it was RESOLVED, that having considered a communication from the City Planning Commission, dated May 12, 1999, which transmits its resolution 5-82-99, adopted on May 4, 1999, with regard to a Sign Permit Application submitted by Laurel Pointe, L.L C , requesting approval for signage for the office/retail building located at 17000 Laurel Park Drive in the Northeast 1/4 of Section 8, the Council does hereby concur with the recommendation of the Planning Commission and approves said request. A roll call vote was taken on the foregoing resolution with the following result: AYES Laura NAYS Brosnan, Walsh, Vandersloot, Duggan, and Engebretson 31693 The President declared the resolution denied On a motion by Vandersloot, seconded by Brosnan, it was #414-99 RESOLVED, that having considered a communication from the City Planning Commission, dated May 12, 1999, which transmits its resolution 5-82-99, adopted on May 4, 1999, with regard to a Sign Permit Application submitted by Laurel Pointe, L.L.0 , requesting approval for signage for the office/retail building located at 17000 Laurel Park Drive in the Northeast 1/4 of Section 8, the Council does hereby refer this matter 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, Duggan, and Engebretson NAYS Laura The President declared the resolution adopted On a motion by Walsh, seconded by Brosnan, and unanimously adopted, it was #415-99 RESOLVED, that having considered the report and recommendation of the Committee of the Whole, dated May 12, 1999, submitted pursuant to Council Resolution 145-99, and having considered a letter from the Michigan Liquor Control Commission, dated December 7, 1998, and the report and recommendation of the Chief of Police, dated February 8, 1999, approved for submission by the Mayor, the Council does hereby approve of the request from Maram Hirmis for transfer of ownership of a 1998 SDD-SDM licensed business from Pleasant Liquor Shoppe, Inc. for a business located at 38675 Ann Arbor Road, Livonia, Michigan, and the City Clerk is hereby requested to forward a certified copy of this resolution to the Michigan Liquor Control Commission A communication from Steven L. Karas with attached revised renderings re proposed changes to the wall along Grand River Avenue, dated May 18, 1999, was received and placed on file for the information of Council (Petition 99-2-8-9) On a motion by Brosnan, seconded by Duggan, it was #416-99 RESOLVED, that having considered the report and recommendation of the Committee of the Whole, dated May 12, 1999, submitted pursuant to Council Resolution 218-99, and having considered 31694 a communication from the City Planning Commission, dated March 12, 1999, which transmits its resolution 3-41-99 adopted on March 9, 1999, with regard to Petition 99-2-8-9 submitted by Steven L Karas, on behalf of Rite Aid, requesting site plan approval in connection with a proposal to construct a commercial building on property located at 27500 Grand River Avenue in the Northeast 1/4 of Section 1, pursuant to the provisions set forth in Section 18 58 of Ordinance No 543, as amended, the Council does hereby concur in the recommendation of the Planning Commission and Petition 99-2-8-9 is hereby approved and granted, subject to the following conditions 1 That the Site Plan marked Sheet C000 prepared by SSOE, Inc., as received by the City Council on June 9, 1999, is hereby approved and shall be adhered to, 2 That the Landscape Plans marked Sheet LS01, prepared by SSOE, Inc , as received by the Planning Commission on March 5, 1999, are hereby approved and shall be adhered to, 3 That all disturbed lawn areas shall be sodded in lieu of hydroseeding, 4 That underground sprinklers are to be provided for all landscaped and sodded areas, and all planted materials shall be installed to the satisfaction of the Inspection Department and thereafter permanently maintained in a healthy condition, 5 That the Exterior Building Elevation Plan marked Sheet A-8 prepared by SSOE, Inc , as received by the Planning Commission on February 23, 1999, is hereby approved and shall be adhered to, 6 That the brick used in the construction of the building shall be full face four (4") inch brick, no exceptions, 7 That the three walls of the trash dumpster area shall be constructed out of the same brick used in the construction of the building, and the enclosure gates shall be maintained and, when not in use, closed at all times, 8 That all light standards shall be shielded from the adjacent properties and shall not exceed 20 feet in height; 9 That the entire parking lot shall be repaired, resealed and double striped, 31695 10 That the 112 sq ft. wall sign, as shown on the approved Elevation Plan, and the conforming monument ground sign, are hereby approved and shall be adhered to, and 11 That the existing structures be completely demolished within ninety (90) days of the Certificate of Occupancy being issued for the new Rite Aid A roll call vote was taken on the foregoing resolution with the following result: AYES Brosnan, Vandersloot, Duggan, Laura and Engebretson NAYS Walsh The President declared the resolution adopted On a motion by Laura, seconded by Duggan, and unanimously adopted, it was #417-99 RESOLVED, that having considered the report and recommendation of the Streets, Road and Plats Committee, dated June 1, 1999, submitted pursuant to Council Resolution 925-98, and a communication from the City Assessor, dated November 12, 1998, approved for submission by the Mayor, with regard to a request from John Wheeler, 29245 Marvin Road, Farmington Hills, Michigan 48331, and Lawrence and Nanette Prieur, 37910 Plymouth, Livonia, Michigan 48150, and in accordance with the provisions of 1967 PA 288, as amended, as well as Section 18 46 of Ordinance 543, as amended, the Council does hereby approve of the proposed division of Tax Item No 46-120-02-0533- 000 into three (3) parcels, the legal descriptions of which shall read as follows Parcel J Part of Lot 533 of"Supervisor's Livonia Plat No 9" of part of the Southeast 1/4 of Section 30, Town 1 South, Range 9 East, as recorded in Liber 66 of plats, page 60, Wayne County Records, more particularly described as follows Commencing at the Southwest Corner of said Lot 533, thence along the west line of said Lot 533, N 01*54'10" W 28 09 feet to a point on the proposed northerly 60-foot right of way line of Plymouth Road also being the point of beginning, thence continuing along the said west line of Lot 533, N 01*54'10" W, 216 28 feet; thence N 88*05'50" E 65 19 feet to a point on the east line of said Lot 533, thence along the said east line of Lot 533, S 01*54'10" E, 235 01 feet to a point on the said proposed right of way line, thence along said proposed right of way line, N 75'52'20" W, 67 83 feet to the 31696 point of beginning Containing 14,710 square feet more or less (46-120-02-0533-001) Parcel K Part of Lot 533 of"Supervisor's Livonia Plat No 9" of part of the Southeast 1/4 of Section 30, Town 1 South, Range 9 East, as recorded in Liber 66 of plats, page 60, Wayne County Records, more particularly described as follows Commencing at the Southwest Corner of said Lot 533, thence along the west line of said Lot 533, N 01*54'10" W, 244-37 feet to the point of beginning, thence continuing along the said west line of Lot 533, N 01*5410" W, 186 56 feet to a point on the proposed centerline of Birch Run (60 feet wide), thence along the said proposed centerline of Birch Run, N 88*05'50" E, 65 19 feet to a point on the east line of said Lot 533, thence along the said east line of Lot 533, S 01#54'10" E, 186 56 feet; thence S 88*05'50" W, 65 19 feet to the point of beginning Containing 12,162 square feet more or less (46-120-02-0533-002) Parcel L Part of Lot 533 of"Supervisor's Livonia Plat No 9" of part of the Southeast 1/4 of Section 30, Town 1 South, Range 9 East, as recorded in Liber 66 of plats, page 60, Wayne County Records, more particularly described as follows Commencing at the Southwest Corner of said Lot 533, thence along the west line of said Lot 533, N 01'54'10" W 430 93 feet to a point on the proposed centerline of Birch Run (60 feet wide) also being the point of beginning, thence continuing along the west line of said Lot 533, N 01*5410" W 193 56 feet to the Northwest Corner of said Lot 533, thence along the north line of said Lot 533, N 88*00'53" E '65 19 feet to the Northeast Corner of said Lot 533, thence along the east line of said Lot 533, S 01*5410" E, 193 66 feet to a point on the said proposed centerline of Birch Run, thence along the said proposed centerline of Birch Run, S 88*05'50" W, 65 19 feet to the point of beginning Containing 12,622 square feet more or less (46-120-02-0533-003) as shown on the map attached to the aforesaid communication which is made a part hereof by reference, and the City Clerk is hereby requested to cause a certified copy of this resolution to be recorded in the Office of the Wayne County Register of Deeds A communication from the Engineering Division, dated June 4, 1999, with attached Section 16.24 310 of the Code of Ordinances, re Street Lighting at Hillcrest Court Subdivision, was received and placed on file for the information of Council 31697 A communication from the Department of Law, dated June 3, 1999, re Hillcrest Court Subdivision/Kroger Store greenbelt, was received and placed on file for the information of Council A communication from Sandra & John Mathey, dated June 14, 1999, re Street Lighting at Hillcrest Court Subdivision, was received and placed on file for the information of Council A communication from Sandra & John Mathey, dated June 14, 1999, re Boundary issues between Kroger and Residential properties on Hillcrest Ct., was received and placed on file for the information of Council On a motion by Laura, seconded by Brosnan, and unanimously adopted, it was #418-99 RESOLVED, that having considered the report and recommendation of the Streets, Road and Plats Committee, dated June 1, 1999, submitted pursuant to Council Resolution 256-99, the Council does hereby refer the matter of the compliance of the landscape plan for the Kroger Store located on the south side of Five Mile, east of Merriman, to the Inspection Department for its report and recommendation On a motion by Laura, seconded by Brosnan, it was RESOLVED, that having considered the report and recommendation of the Streets, Road and Plats Committee, dated June 1, 1999, submitted pursuant to Council Resolution 256-99, and having considered a communication from Councilmember Maureen Miller Brosnan, dated March 25, 1999, to which is attached a communication and petitions from residents of the Hillcrest Court Subdivision, dated February 18, 1999, expressing their opposition to the street lighting project within this development located east of the Kroger Store on the south side of Five Mile, east of Merriman (S.A.D No 385), the Council does hereby repeal and rescind Council Resolution 763-96 Councilmembers Laura and Brosnan withdrew their motions on the foregoing resolution 31698 On a motion by Laura, seconded by Brosnan, and unanimously adopted, it was #419-99 RESOLVED, that having considered the report and recommendation of the Streets, Road and Plats Committee, dated June 1, 1999, submitted pursuant to Council Resolution 256-99, the Council does hereby direct the Department of Law to proceed with a request to the Kroger Company to re-open the protective wall issue for the store located on the south side of Five Mile, east of Merriman, and the adjoining residential properties on Hillcrest Court, and that a report and recommendation be submitted to Council On a motion by Laura, seconded by Brosnan, and unanimously adopted, it was #420-99 RESOLVED, that having considered the report and recommendation of the Streets, Road and Plats Committee, dated June 1, 1999, submitted pursuant to Council Resolution 256-99, and having considered a communication from Councilmember Maureen Miller Brosnan, dated March 25, 1999, to which is attached a communication and petitions from residents of the Hillcrest Court Subdivision, dated February 18, 1999, expressing their opposition to the street lighting project within this development located east of the Kroger Store on the south side of Five Mile, east of Merriman (S.A.D No 385), the Council does hereby determine to take no further action on this matter On a motion by Duggan, seconded by Laura, and unanimously adopted, it was #421-99 RESOLVED, that having considered the report and recommendation of the Streets, Road and Plats Committee, dated June 1, 1999, submitted pursuant to Council Resolution 256-99, the Council does hereby refer the question of appropriate lighting shields for the parking lot lampposts at the Kroger Store located on the south side of Five Mile, east of Merriman, to the Inspection Department for its report and recommendation Zoning Board of Appeals Case #8209-102, dated May 3, 1999, re Right of Way use for employee parking for the business located at 29547 W Eight Mile Road, was received and placed on file for the information of Council 31699 On a motion by Laura, seconded by Duggan, it was RESOLVED, that having considered the report and recommendation of the Streets, Road and Plats Committee, dated June 1, 1999, submitted pursuant to Council Resolution 231-99, and having considered a letter from Michael B Courtney, President of Siding World, dated March 29, 1999, requesting permission to continue using the Fremont Street right-of-way for employee parking for the business located at 29547 W Eight Mile Road, the Council does hereby deny this request for the following reasons 1 That there are no similar grants in the City; 2 That the City disfavors the use of right-of-way for parking, 3 That such a grant would be inconsistent with the City's efforts to beautify the vicinity of Eight Mile Road, and 4 That other property owners along Eight Mile Road have been required to upgrade the right-of-way landscaping, and it would be unfair to permit this property owner to use the right-of-way for parking instead of requiring the area to be returned to its natural state (Le., grass) A roll call vote was taken on the foregoing resolution with the following result: AYES Brosnan, Duggan and Laura NAYS Walsh, Vandersloot and Engebretson The President declared the resolution denied On a motion by Laura, seconded by Brosnan, it was RESOLVED, that having considered the report and recommendation of the Streets, Road and Plats Committee, dated June 1, 1999, submitted pursuant to Council Resolution 231-99, and having considered a letter from Michael B Courtney, President of Siding World, dated March 29, 1999, requesting permission to continue using the Fremont Street right-of-way for employee parking for the business located at 29547 W Eight Mile Road, the Council does hereby approve this request. A roll call vote was taken on the foregoing resolution with the following result: AYES Walsh, Vandersloot, and Engebretson Revised R&F 31700 NAYS Brosnan, Duggan and Laura The President declared the resolution denied On a motion by Laura, seconded by Vandersloot, it was #422-99 RESOLVED, that having considered the report and recommendation of the Streets, Road and Plats Committee, dated June 1, 1999, submitted pursuant to Council Resolution 910-98, regarding the subject of requests for waivers of the sidewalk requirement with respect to new developments, the Council does hereby determine to take no further action with respect to the establishment of a Sidewalk Fund in connection with such requests A roll call vote was taken on the foregoing resolution with the following result: AYES Laura, Walsh, Vandersloot, and Engebretson NAYS Brosnan and Duggan The President declared the resolution adopted A communication from the Department of Law, dated May 25, 1999, re the collection of outstanding invoices related to the Pines of Winfield Project, was received and placed on file for the information of Council On a motion by Laura, seconded by Duggan, it was RESOLVED, that having considered the report and recommendation of the Streets, Road and Plats Committee, dated June 1, 1999, submitted pursuant to Council Resolution 137-99, and that having considered the report and recommendation of the Director of Public Works and the City Engineer, dated February 3, 1999, which bears the signature of the Director of Finance and is approved for submission by the Mayor, the Council does hereby refer the matter of the possibility of placing a lien on the former pines of Winfield Property and withholding building permits regarding the property until payment of the entire Pines of Winfield bond shortfall amount set forth in the correspondence from the Department of Law, dated May 25, 1999, to the Department of Law for its report and recommendation A roll call vote was taken on the foregoing resolution with the following result: 31701 AYES Laura NAYS Brosnan, Walsh, Vandersloot, Duggan, and Engebretson The President declared the resolution denied On a motion by Laura, seconded by Walsh, it was #423-99 RESOLVED, that having considered the report and recommendation of the Streets, Road and Plats Committee, dated June 1, 1999, submitted pursuant to Council Resolution 137-99, and that having considered the report and recommendation of the Director of Public Works and the City Engineer, dated February 3, 1999, which bears the signature of the Director of Finance and is approved for submission by the Mayor, the Council does hereby accept the offer of Dario Tomei to pay the sum of $4,060 40 in settlement of the costs incurred for additional restoration work required for the Whispering Pines/Pines of Winfield Project, as recommended by the Department of Law in its correspondence dated May 25, 1999 A roll call vote was taken on the foregoing resolution with the following result: AYES Brosnan Walsh, Vandersloot, Duggan, and Engebretson NAYS Laura The President declared the resolution adopted On a motion by Laura, seconded by Duggan, and unanimously adopted, it was #424-99 RESOLVED, that having considered the report and recommendation of the Streets, Road and Plats Committee, dated June 1, 1999, submitted pursuant to Council Resolution 137-99, and having considered the report and recommendation of the Director of Public Works and the City Engineer, dated February 3, 1999, which bears the signature of the Director of Finance and is approved for submission by the Mayor, the Council does hereby refer the subject of requiring the former Pines of Winfield property to be cleared of all waste, debris and garbage to the Inspection Department for its report and recommendation Walsh gave first reading to the following Ordinance AN ORDINANCE AMENDING SUBSECTION D OF SECTION 120 OF TITLE 13, CHAPTER 20 (LIVONIA SEWAGE DISPOSAL 31702 SYSTEM) 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 Walsh gave first reading to the following Ordinance AN ORDINANCE AMENDING SECTION 050 OF TITLE 13, CHAPTER 28 (INDUSTRIAL WASTE SURCHARGE) 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 On a motion by Brosnan, seconded by Duggan, and unanimously adopted, it was #425-99 RESOLVED, that having considered the report and recommendation of the Water and Sewer Board, dated May 27, 1999, which bears the signature of the Director of Finance and is approved for submission by the Mayor, requesting an increase in the Wastewater Disposal Charge, Industrial Surcharge Rate and Industrial Waste Control Charge, the Council does hereby refer the subject of water rate increases to the Water, Sewer and Waste Committee for its report and recommendation Duggan gave first reading to the following Ordinance AN ORDINANCE ADDING SECTION 015 TO TITLE 12, CHAPTER 08 (STREET AND ALLEY VACATIONS) 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 31703 Brosnan took from the table, for second reading, and adoption, the following Ordinance AN ORDINANCE AMENDING SECTION 36 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 98-6-1-10) A roll call vote was taken on the foregoing resolution with the following result: AYES Brosnan, Walsh, Vandersloot, Laura, and Engebretson NAYS Duggan The President declared the foregoing Ordinance duly adopted, and would become effective on publication On a motion by Duggan, seconded by Walsh, and unanimously adopted, it was #426-99 RESOLVED, that having considered a letter from the Michigan Liquor Control Commission, dated March 1, 1999, and the report and recommendation of the Chief of Police, dated May 17, 1999, approved for submission by the Mayor, in connection therewith, the Council does hereby recommend approval of the request from the Southland Corporation to add J D Chatham South, Inc. as co-licensee in 1998 SDM License for a business located at 9479 Newburgh, Livonia, Michigan 48150, Wayne County; and the City Clerk is hereby requested to forward a certified copy of this resolution to the Michigan Liquor Control Commission A communication from John B Carlin of Plunkett & Cooney, dated June 16, 1999, re mailbox post compliance at Rio Bravo Cantina, 19265 Victor Parkway was received and placed on file for the information of Council A communication from the Inspection Department dated June 16, 1999, re Proposed Signage — Rio Bravo Cantina, 19265 Victor Parkway, were received and placed on file for the information of Council 31704 At the direction of the Chair, and at the request of the Petitioner, Item 22 was removed from the Agenda and rescheduled to the Regular Meeting of July 7, 1999 A communication (fax) from Prentiss Properties, dated June 15, 1999, re Sign Permit Application for Huron Sign Co , was received and placed on file for the information of Council A communication from Huron Sign Co , dated June 14, 1999, re Sign Permit Application for Huron Sign Co , was received and placed on file for the information of Council On a motion by Brosnan, seconded by Vandersloot, and unanimously adopted, it was #427-99 RESOLVED, that having considered a communication from the City Planning Commission, dated May 25, 1999, which transmits its resolution 5-89-99, adopted on May 18, 1999, with regard to a Sign Permit Application, submitted by Huron Sign Company, requesting approval for signage for the office building (Seven Mile Crossing) located at 38695 Seven Mile Road in the Northwest 1/4 of Section 7, the Council does hereby concur in the recommendation of the Planning Commission and approves the said Sign Permit Application, subject to the following conditions 1 That the Sign Package submitted by Huron Sign Company, as received by the Planning Commission on April 29, 1999, is approved and shall be adhered to, 2 That the wall sign shall not be illuminated beyond 1 00 a m , and 3 That any additional signage shall come back before the Planning Commission and City Council for their review and approval Walsh left the podium at 9 31 p m due to a conflict of interest on the next Agenda item On a motion by Duggan, seconded by Laura, and unanimously adopted, it was #428-99 RESOLVED, that having considered a communication from the City Planning Commission, dated May 26, 1999, which transmits its Revised See R&F's 31705 resolution 5-50-99, adopted on May 25, 1999, with regard to Petition 99-5- 2-14, submitted by Jonathon R Crane, on behalf of AirTouch Cellular, requesting waiver use approval to construct a 150' wireless communications antenna for shared usage, and its accompanying equipment shelter, on property located on the north side of Six Mile Road between Farmington and Merriman Roads (within Rotary Park) in the Southeast 1/4 of Section 10, which property is zoned PL, the Council does hereby concur in the recommendation made by the City Planning Commission and Petition 99-5-2-14 is hereby approved and granted, subject to the following conditions 1 That the Site Plan and Elevation Drawings marked Sheet 1, Job No 94404-874 prepared by Midwestern Consulting, with a revision date of February 12, 1999, is hereby approved and shall be adhered to, 2 That the Landscape Plan marked Sheet 2, Job No 94404-874, prepared by Midwestern Consulting, dated May 5, 1999, is hereby approved, with the addition of a row of evergreen trees with a minimum five (5') foot height (variety and spacing to be approved by the Planning Department) that shall be planted just inside the fence along the north line of the Lease Area from the gate to the east boundary, on the condition that all proposed landscape materials shall be installed to the satisfaction of the Inspection Department; and 3 That the equipment shelter building shall be constructed out of full face four (4") inch brick on all four sides, no exceptions, with the color of the brick being chosen by the Superintendent of Parks and Recreation Douglas Weber representing AirTouch Cellular was present to speak to the item A communication from Planning Department, dated May 26, 1999, including a list of all Wireless Communication Facilities, a color map and a zoning map, dated March 30, 1999, was received and placed on file for the information of Council (Petition 99-5-2-15) A communication from Richard Connor Riley & Associates, with revised site plans, dated May 28, 1999, was received and placed on file for the information of Council (Petition 99-5-2-15) 31706 On a motion by Brosnan, seconded by Laura, and unanimously adopted, it was #429-99 RESOLVED, that having considered a communication from the City Planning Commission, dated May 26, 1999, which transmits its resolution 5-51-99, adopted on May 25, 1999, with regard to Petition 99-5- 2-15, submitted by Richard Connor Riley & Associates, L L.0 , on behalf of AT&T Wireless Services, Inc , requesting waiver use approval to construct and erect a 150' wireless communications antenna with co- location opportunities and its accompanying equipment shelter on property located on the south side of Pembroke Avenue between Farmington and Merriman Roads (within Jaycee Park) in the Southwest 1/4 of Section 3, which property is zoned PL, the Council does hereby concur in the recommendation made by the City Planning Commission and Petition 99- 5-2-15 is hereby approved and granted, subject to the following conditions 1 That the Enlarged Partial Site Plan, marked Drawing No 3185-03, prepared by Christopher Wzacny & Associates, dated April 21, 1999, is hereby approved and shall be adhered to, 2 That the Elevations Plan, marked Drawing No 3185-004, prepared by Christopher Wzacny & Associates, dated April 21, 1999, is hereby approved and shall be adhered to, except that the barbed wire shown at the top of the chain link fence enclosing the lease area is not approved and shall not be installed, 3 That the proposed landscaping shown on the above referenced Enlarged Partial Site Plan shall be installed to the satisfaction of the Inspection Department; and 4 That the equipment shelter building shall be constructed out of full face four (4") inch brick on all four sides, no exceptions, with the color of the brick being chosen by the Superintendent of Parks and Recreation John J Riley representing AT&T, was present to speak to the item Walsh returned to the podium at 9 38 p m A communication from Lawrence C Lenchner of Abington Development, Inc , dated June 14, 1999, re Clarita Avenue Development, was received and placed on file for the information of Council (Petition 99-5-8-16) 31707 On a motion by Brosnan, seconded by Walsh, it was #430-99 RESOLVED, that having considered a communication from the City Planning Commission, dated May 25, 1999, which transmits its resolution 5-90-99, adopted on May 18, 1999, with regard to a Revision to Petition 99-5-8-16 submitted by Abington Development, Inc requesting Master Deed, bylaws and site plan approval in connection with a proposal to construct a site condominium development (Clarita Commons Condominium) on property located at 29505 Clarita Avenue in the Northeast 1/4 of Section 11, pursuant to the provisions set forth in Section 18 62 of Ordinance No 543, as amended, the Council does hereby concur in the recommendation of the Planning Commission and Petition 99-5-8- 16, as revised, is hereby approved and granted, subject to the following conditions 1 That the Master Deed complies with the requirements of the Subdivision Control Ordinance, Title 16, Chapter 16 04-16 40 of the Livonia Code of Ordinances, and Article XX of Ordinance #543, Section 20 01-20 06 of the ordinance, except for the fact the following shall be incorporated that the first floor of each two-story condominium unit shall be all brick, and the total amount of brick on each unit shall not be less than 55% on two-story and not less than 80% on one-story units, and all brick chimneys, 2 That the brick used in the construction of each condominium unit shall be full face four (4") inch brick, no exceptions, 3 That the Site Plan marked Sheet 1 prepared by Stenrose Associates, as received by the Planning Commission on May 4, 1999, is hereby approved and shall be adhered to, and 4 That an Entrance Marker Application and a fully detailed Landscape Plan shall be submitted to 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 Brosnan, Walsh, Vandersloot, Duggan and Engebretson NAYS Laura The President declared the resolution adopted 31708 A communication from the Engineering Division, dated June 9, 1999 re Insurance and Indemnification Statement for Norlight Telecommunications, was received and placed on file for the information of Council On a motion by Duggan, seconded by Laura, it was RESOLVED, that having considered a communication from the Director of Public Works and the City Engineer, dated April 14, 1999, approved for submission by the Mayor, with regard to a Telecommunications Permit Application submitted by Norlight Telecommunications, Inc , requesting approval for access to and ongoing use of the public right-of-ways within the City for a proposed telecommunications system utilizing approximately three miles of public right-of-way, as more particularly described in the attachment to the permit application, the Council having conducted a public hearing with regard to this matter on Wednesday, May 26, 1999, pursuant to Council Resolution 257-99, the Council does hereby deny said Application based upon the failure of the applicant to install its fiber optic cable underground on the Six Mile and Newburgh Road portions of the proposed route for a distance of one-half mile both west and north of the intersection, the Council having determined that these particular locations dictate the desirability of underground as opposed to aerial construction in order to insure and protect the health, safety and welfare of the public, FURTHER, this denial shall be without prejudice to the applicant's right to file an amended application A roll call vote was taken on the foregoing resolution with the following result: AYES Brosnan, Duggan and Laura NAYS Walsh, Vandersloot, and Engebretson The President declared the resolution denied On a motion by Walsh, seconded by Vandersloot, it was The President relinquished the Chair to Vice President Walsh at 9 46 p m #431-99 RESOLVED, that having considered a communication from the Director of Public Works and the City Engineer, dated April 14, 1999, approved for submission by the Mayor, with regard to a Telecommunications Permit Application submitted by Norlight Telecommunications, Inc , requesting approval for access to and ongoing use of the public right-of-ways within the City for a proposed REVISED 31709 telecommunications system utilizing approximately three miles of public right-of-way, as more particularly described in the attachment to the permit application, the Council having conducted a public hearing with regard to this matter on Wednesday, May 26, 1999, pursuant to Council Resolution 257-99, the Council does hereby refer this item to the Regular Meeting of July 7, 1999 A roll call vote was taken on the foregoing resolution with the following result: AYES Brosnan, Engebretson, Vandersloot and Walsh NAYS Duggan and Laura The Vice President declared the resolution adopted On a motion by Laura, seconded by Brosnan, and unanimously adopted, it was #432-99 RESOLVED, that having considered a communication from the Director of Public Works and the City Engineer, dated April 14, 1999, approved for submission by the Mayor, with regard to a Telecommunications Permit Application submitted by Norlight Telecommunications, Inc., requesting approval for access to and ongoing use of the public right-of-ways within the City for a proposed telecommunications system utilizing approximately three miles of public right-of-way, as more particularly described in the attachment to the permit application, the Council having conducted a public hearing with regard to this matter on Wednesday, May 26, 1999, pursuant to Council Resolution 257-99, the Council does hereby refer this item to the Legislative Committee to review the Telecommunications Ordinance language On a motion by Brosnan, seconded by Duggan, and unanimously adopted, it was #433-99 RESOLVED, that the Council does hereby refer the subject of the capacity of Detroit Edison poles for holding aerial fiber optic cable to the Engineering Division for its report and recommendation President Engebretson resumed the chair at 9 58 p m On a motion by Duggan, seconded by Laura, and unanimously adopted, it was 31710 #434-99 RESOLVED, that having considered an application from Timothy McGillivary, 16620 Country Club, dated June 7, 1999, requesting permission to close Country Club between Grove and Wood on Saturday, July 10, 1999, from 4 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 Laura, seconded by Duggan, it was #435-99 RESOLVED, that having considered a communication from the Department of Law, dated June 7, 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 for the purposes of discussing litigation matters and attorney/client privileged communications in connection with pending litigation regarding Haggerty Road Investments Limited Partnership v City of Livonia A roll call was taken on the foregoing resolution with the following result: AYES Brosnan, Walsh, Vandersloot, Duggan, Laura and Engebretson NAYS None On a motion by Duggan, seconded by Laura, and unanimously adopted, it was #436-99 RESOLVED, that the Council does hereby authorize the Mayor and City Clerk, for and on behalf of the City of Livonia, to sign the Letter of Intent, dated June 9, 1999, prepared by Abbott, Nicholson, Quilter, Esshaki & Youngblood, on behalf of the Livonia Public Schools, to proceed with the acquisition by the City of Livonia of the Bentley Center Property currently owned by the Livonia Public Schools On a motion by Walsh, seconded by Vandersloot, and unanimously adopted, it was #437-99 RESOLVED, that the Council does hereby amend and revise Council Resolution 337-99 so as to have the same read as follows WHEREAS, the City of Livonia has received a request from Trio Tool Company, 34401 Schoolcraft Road, Livonia, Michigan 48150, dated April 31711 30, 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 2.7 acres lying in the Northwest 1/4 of Section 28 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 74", NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF LIVONIA, as follows 1 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 74 2 This City Council sets Monday, August 9, 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 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 On a motion by Laura, seconded by Brosnan, and unanimously adopted, it was #438-99 WHEREAS, the lack of a community recreation center and recreation personnel, equipment, supplies, facilities and operations is of concern to citizens, residents and property owners in the City of Livonia, and WHEREAS, the establishment of a community recreation center and additional recreation facilities would provide important benefits to all of the residents of the City of Livonia and would help attract new residents to the City; and 31712 WHEREAS, the Council of the City of Livonia has determined that there is an immediate and present need to establish a community recreation center and to expand the present recreation personnel, equipment, supplies, operations and recreation facilities in the City of Livonia, and WHEREAS, the Council of the City of Livonia has determined that in order to establish a community recreation center and to maintain proper standards of recreation personnel, equipment, supplies, operations and recreation facilities, it is necessary to levy and collect a tax of 4/5ths of 1 mill on all real and personal property subject to taxation in the City of Livonia, in addition to amounts previously authorized, NOW THEREFORE, BE IT RESOLVED, that the Council of the City of Livonia, by a three-fifths (3/5) vote of the members of said Council and pursuant to the provisions of Section 21 of Act 279 of the Public Acts of Michigan of 1909, as amended, does hereby propose that the Livonia City Charter be amended by changing Section 1 in Chapter VIII, which changed section shall read as follows CHAPTER VIII GENERAL TAXATION Section 1 Power to Tax, Tax Limit. The City shall have the power to annually levy and collect taxes for municipal purposes, but such levy shall not exceed one-half(1/2) of one (1) per centum of the assessed value of all real and personal property subject to taxation in the City; provided, however, that in addition thereto the City shall have the power to annually levy and collect taxes each year, commencing on December 1, 1965, in an amount not to exceed one-tenth (1/10) of one (1) per centum of the assessed value of all real and personal property subject to taxation in the City for the sole and exclusive purpose of providing additional revenues for police protection and law enforcement personnel, equipment, supplies and facilities of the City; provided further, that in addition thereto, the City shall have the power to annually levy and collect taxes each year commencing on December 1, 1978 in an amount not to exceed fifteen one-hundredths (15/100) of one (1 ) per centum of the assessed value of all real and personal property subject to taxation in the City for the sole and exclusive purpose of providing additional revenues for fire, police and snow removal personnel, equipment, supplies and facilities of the City, provided further, that in addition thereto, the City shall have the power to annually levy and collect taxes each year commencing on December 1, 1984 in an amount not to exceed one-tenth (1/10) of one (1) per centum of the assessed value of all real and personal property subject to taxation in the City for the sole and exclusive purpose of providing additional revenues for library personnel, equipment, 31713 supplies and library facilities of the City; provided further, that in addition thereto, the City shall have the power to annually levy and collect taxes each year commencing on December 1,1990 in an amount not to exceed sixty-three one-thousandths (63/1000) of one (1) per centum of the assessed value of all real and personal property subject to taxation in the City for the sole purpose of defraying City expenses and liabilities for the collection and disposal activities required for curbside recycling and yard waste composting programs, provided further, that in addition thereto, the City shall have the power to annually levy and collect taxes each year commencing on December 1, 1999 in an amount not to exceed four-fifths of one (1) per centum of the assessed value of all real and personal property subject to taxation in the City for the sole purpose of providing additional revenues for the establishment of a community recreation center and for recreation personnel, equipment, supplies, operations and facilities in the City RESOLVED FURTHER, that the provisions of the existing section of the Charter of the City of Livonia which is altered, abrogated or affected by this proposal, if adopted, now reads as follows CHAPTER VIII GENERAL TAXATION Section 1 Power to Tax, Tax Limit. The City shall have the power to annually levy and collect taxes for municipal purposes, but such levy shall not exceed one-half(1/2) of one (1) per centum of the assessed value of all real and personal property subject to taxation in the City; provided, however, that in addition thereto the City shall have the power to annually levy and collect taxes each year, commencing on December 1, 1965, in an amount not to exceed one-tenth (1/10) of one (1) per centum of the assessed value of all real and personal property subject to taxation in the City for the sole and exclusive purpose of providing additional revenues for police protection and law enforcement personnel, equipment, supplies and facilities of the City; provided further, that in addition thereto, the City shall have the power to annually levy and collect taxes each year commencing on December 1, 1978 in an amount not to exceed fifteen one-hundredths (15/100) of one (1 ) per centum of the assessed value of all real and personal property subject to taxation in the City for the sole and exclusive purpose of providing additional revenues for fire, police and snow removal personnel, equipment, supplies and facilities of the City, provided further, that in addition thereto, the City shall have the power to annually levy and collect taxes each year commencing on December 1, 1984 in an amount not to exceed one-tenth (1/10) of one (1) per centum of the assessed value of all real and personal property subject to taxation in the City for the sole 31714 and exclusive purpose of providing additional revenues for library personnel, equipment, supplies and library facilities of the City; provided further, that in addition thereto, the City shall have the power to annually levy and collect taxes each year commencing on December 1,1990 in an amount not to exceed sixty-three one-thousandths (63/1000) of one (1) per centum of the assessed value of all real and personal property subject to taxation in the City for the sole purpose of defraying City expenses and liabilities for the collection and disposal activities required for curbside recycling and yard waste composting programs RESOLVED FURTHER, that the purpose of the proposed amendment shall be designated on the ballot as follows City Charter amendment authorizing City to levy and collect annually commencing December 1, 1999, an additional tax not exceeding 4/5ths of 1 mill to provide additional revenues for a community recreation center and recreation personnel, equipment, supplies, facilities and operations RESOLVED FURTHER, that the City Clerk shall forthwith transmit a copy of the proposed amendment to the Governor of the State of Michigan for his approval and transmit a copy of the foregoing statement of purpose of such proposed amendment to the Attorney General of the State of Michigan for her approval as provided by law RESOLVED FURTHER, that the proposed Charter amendment shall be and the same is ordered to be submitted to the qualified electors of the City at a Special City Election to be held on September 14, 1999, and the City Clerk is hereby directed to give notice of election and notice of registration therefor in the manner prescribed by law and to do all things and to provide all supplies necessary to submit such proposed Charter amendment to the vote of the electors as required by law RESOLVED FURTHER, that Tuesday, September 14, 1999 is hereby designated as the date for holding a Special Election on the proposed Charter amendment and question RESOLVED FURTHER, that the proposed amendment shall be submitted to the electors in the following form, to wit: Shall the City Charter be amended for authority to levy and collect annually commencing December 1, 1999, an additional tax not exceeding 4/5ths of 1 mill providing additional revenues for a community recreation center, youth and recreation personnel, equipment, supplies, facilities and operations? It is estimated 31715 that 4/5ths of 1 mill would raise approximately $3,110,274.00 when first levied in 1999. Yes / / No I I RESOLVED FURTHER, that the proposed amendment shall be published in full, together with the existing Charter provisions altered, abrogated or affected thereby, at least once in the official newspaper of the City of Livonia at least ten (10) days prior to said Special City Election to be held on September 14, 1999 RESOLVED FURTHER, that the City Clerk be and is hereby ordered and directed to post within the voting booths and in the polling places in which said election is conducted, a verbatim statement of said proposed amendment and to post and publish such other notices or copies of the proposed amendment pertaining to the submission of said amendment in said election as may be required by law and to do and perform all necessary acts in connection with such election as may be required by law Mayor Kirksey made his comments with regard to the proposed millage, reflecting his support of a Community Recreation Center A PowerPoint presentation was then given by Mr Larson on the proposed Community Recreation Center, which was very informative and showed all aspects of architectural and recreation areas Jason Matchieski, co-Chair of the Bentley Task Force, spoke in favor of the proposed Community Recreation Center Dennis Wright, President of the Livonia Junior Athletic League, and a member of the Bentley Task Force and of the Parks and Recreation Commission, also voiced his support of the proposed Community Recreation Center Jim Cambridge also spoke in support of the proposed Community Recreation Center Finally, William Fried addressed this issue and voiced his concern over the funding for this proposed community Recreation Center He said there was a need for more specific information, as well as more time required for this information May Kirksey responded by addressing these concerns and adding that discussions and plans for the proposed Community Recreation Center have been in progress for a period of one year and that he expected a decision to be made in approximately 2-3 months with regard to this matter 31716 Council President Engebretson then thanked each and every person who gave of themselves for this project, from one direction to the other For the benefit of the audience, he then read the proposed language which will be placed on the ballot at a Special Election, to be held simultaneously with the scheduled September 14, 1999 City Primary Election There was no audience communication at the end of the meeting On a motion, by Duggan, seconded by Walsh, and unanimously adopted, this 1,395 Regular Meeting of the Council of the City of Livonia was adjourned at 10 51 p m , June 16, 1999 _ ( r 71/4 C Joan McCotter, City Clerk