HomeMy WebLinkAboutCOUNCIL MINUTES 1998-12-16 31368
MINUTES OF THE ONE THOUSAND THREE HUNDRED AND EIGHTY-THIRD
REGULAR MEETING OF THE COUNCIL OF THE CITY OF LIVONIA
On December 16, 1998, the above meeting was held at the City Hall,
33000 Civic Center Drive, Livonia, Michigan, and was called to order by the President of
the Council at 8 00 p m Councilmember Brosnan delivered the invocation
Roll was called with the following result: Maureen Miller Brosnan, John J
Walsh, Val I Vandersloot, John R Pastor, Brian Duggan, Joe Laura, and Jack
Engebretson Absent: None
Elected and appointed officials present: Jack E Kirksey, Mayor; John
Nagy, City Planner; Robert J Schron, City Engineer; Sean P Kavanagh, City Attorney;
Joan McCotter, City Clerk, Karen A. Szymula, Director of Legislative Affairs, Linda
McCann, Director of Community Resources, Laura M Toy, City Treasurer; Ronald
Reinke, Superintendent of Parks and Recreation, Mary Rutan, Personnel Director; and
Ian Wilshaw, Traffic Commission
On a motion by Brosnan, seconded by Duggan, and unanimously
adopted, it was.
#923-98 RESOLVED, that the minutes of the 1,382nd Regular
Meeting of the Council of the City of Livonia, held December 7, 1998, are
hereby approved as submitted
No one from the audience wished to speak during the audience
communication portion of the meeting
As a result of many inquiries, City Treasurer Toy announced that the winter tax bills
were recently mailed out. She also announced that she will be resigning as the City
Treasurer as of 12 00 p m on January 1, 1999, as she was elected to serve as a State
Representative Everyone was invited to attend her January 8, 1999 inauguration
ceremony at Burton Manor
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Councilmember Laura made a presentation of a plaque to Ms Toy with the appropriate
commendations
The Mayor also commended Ms Toy on her service to the City
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Councilmember Laura also wished everyone a "Merry Christmas," and asked for a
moment of silence for the service personnel serving overseas
Council Vice President Walsh responded to a question previously asked by Ralph
Williams with respect to the Home Child Care Ordinance
Councilmember Brosnan wished a "Happy Birthday" to City Planner John Nagy, to
Director of Legislative Affairs Karen Szymula, to Kathleen McGee (2 yrs old) and to
daughter Marie Brosnan (4 yrs. old)
Councilmember Pastor wished everyone a "Happy Holiday" and reminded everyone to
drive safely
Lastly, Council President Engebretson thanked Laura Toy for her public service and
also wished her a "Happy Birthday "
A communication from the Engineering Division, dated December 14,
1998, re status of the Whispering Pines Site Condominium Subdivision and restoration
work in Sheffield Estates Subdivision was received and placed on file for the information
of the Council (CR 786-98)
A communication from the Department of Law, dated December 14, 1998,
re ownership and lien status of the Pines of WinfieldNVhispering Pines Site
Condominium Subdivision was received and placed on file for the information of the
Council
At the direction of the Chair, Item #19 was removed from the Agenda at
the request of the Department of Law
A communication from the Personnel Director, dated December 11, 1998,
re forwarding a resolution adopted by the Civil Service Commission approving the City
of Livonia Retiree Health and Disability Benefits Plan Document and Trust Agreement
31370
was received and placed on file for the information of the Council (Consent Agenda
Item #4)
On a motion by Duggan, seconded by Brosnan, it was
#924-98 RESOLVED, that having considered a letter from Kenneth P
Gentile, Director of the Elysia Pefley Foundation, received in the Office of
the City Clerk on November 30, 1998, the Council does hereby take this
means to indicate that the Elysia Pefley Foundation is recognized by the
City of Livonia as a non-profit service organization and that the City of
Livonia has no objection to a license being issued to the Elysia Pefley
Foundation by the Michigan Bureau of State Lottery
#925-98 RESOLVED, that having considered 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, to split property located
north of Plymouth Road and west of Newburgh Road, 37910 Plymouth
Road (Tax Item No 46-120-02-0533-000), into three (3) parcels, the
Council does hereby refer this matter to the Streets, Roads and Plats
Committee for its report and recommendation
#926-98 RESOLVED, that having considered a communication from
the City Clerk, dated November 23, 1998, to which is attached an audit fee
proposal from Mr Bruce M Berend, Plante & Moran, LLP, Certified Public
Accountants, dated November 20, 1998, the Council does hereby
determine to retain the firm of Plante & Moran, LLP, 27400 Northwestern
Highway, P 0 Box 307, Southfield, Michigan 48037-0307, for performing
the annual independent audit of the accounts of the City of Livonia for the
years ending November 30, 1998, November 30, 1999, and November 30,
2000, as required by the City Charter and in accordance with the
guidelines set forth in the State Uniform Budgeting and Accounting Act
1968 PA 2 for a total fee of not to exceed $62,000 00 for the first year,
$63,200 00 for the second year, and $64,500 00 for the third year, or in
the case of the second and third years, the percentage of the increase in
fees shall be equal to the increase allowed for property taxes under
Proposal A (if less than 2%), FURTHER, the Council does hereby
authorize the said item without competitive bidding in accordance with
Section 3 04 140D2 of the Livonia Code of Ordinances, as amended
#927-98 RESOLVED, that having considered a communication from
the Personnel Director, dated November 19, 1998, which bears the
signature of the Director of Finance and is approved for submission by the
Mayor, and which transmits a resolution adopted by the Board of Trustees
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of the Livonia Employees Retirement System on November 4, 1998, and
to which is attached a proposed City of Livonia Retiree Health and
Disability Benefits Plan Document and Trust Agreement for a Voluntary
Employees Beneficiary Association (VEBA), dated October 12, 1998,
which has been accepted by the Board of Trustees of the Livonia
Employees Retirement System, the Council does hereby concur in and
approve of the aforesaid action, and the Mayor and City Clerk are hereby
authorized to execute such document and trust agreement, for and on
behalf of the City of Livonia, in the manner and form herein submitted
#928-98 WHEREAS, the City of Livonia ("Employer") has employees
rendering valuable services, and
WHEREAS, the Employer has established a deferred compensation plan
for such employees that serves the interest of the Employer by enabling it
to provide reasonable retirement security for its employees, by providing
increased flexibility in its personnel management system, and by assisting
in the attraction and retention of competent personnel, and
WHEREAS, the Employer has determined that the continuance of the
deferred compensation plan will serve these objectives, and
WHEREAS, amendments to the Internal Revenue Code have been
enacted that require changes to the structure of and allow enhancements
of the benefits of the deferred compensation plan
NOW, THEREFORE, BE IT RESOLVED, that the Employer hereby
amends and restates the deferred compensation plan (the "Plan") in the
form of the ICMA Retirement Corporation Deferred Compensation Plan
and Trust.
BE IT FURTHER RESOLVED, that the assets of the Plan shall be held in
trust, with the Employer serving as Trustee, for the exclusive benefit of the
Plan participants and their beneficiaries, and the assets shall not be
diverted to any other purpose The Trustee's beneficial ownership of the
Plan assets held in the ICMA Retirement Trust shall be held for the further
exclusive benefit of the Plan participants and their beneficiaries
BE IT FURTHER RESOLVED, that the Plan will not permit loans
BE IT FURTHER RESOLVED, that the Employer hereby agrees to serve
as Trustee under the Plan
BE IT FURTHER RESOLVED, that the Mayor and City Clerk are
authorized to execute the necessary documents to give this resolution full
force and effect.
#929-98 WHEREAS, the City of Livonia ("Employer") is the ow31372ner of
one or more life insurance policies issued to it by the Commonwealth Life
Insurance Company, Kentucky Commonwealth Life Insurance Company,
Peoples Security Life Insurance Company, or Providian Life and Health
Insurance Company (the "Policies") in connection with the deferred
compensation plan it maintains for its employees (the "Plan") pursuant to
Section 457 of the Internal Revenue Code of 1986, as amended (the
"Code"), and
WHEREAS, as a result of an amendment to the Code, all assets and
income of the Plan must be held in a trust, custodial account or annuity
contract; and
WHEREAS, the Plan has been amended to reflect the changes required
by the amendment to the Code, and
WHEREAS, the Employer desires to adopt the Code Custodial Account
(the "Custodial Account") to hold assets, other than annuity contracts,
which will provide benefits for the participants and beneficiaries, and
WHEREAS, as a result of the amendment to the Code, the Employer
desires to transfer ownership of the Policies to Bank One Trust Company,
N.A. (the "Custodian") for the exclusive benefit of the Plan's participants
and beneficiaries,
NOW, THEREFORE, BE IT RESOLVED, that the Employer hereby
accepts the Code Custodial Account Agreement, adopts the Custodial
Account, authorizes transfer of ownership to the Policies of the Custodian,
and designates the Custodian as the beneficiary to the Policies
BE IT FURTHER RESOLVED, that the Plan will not permit loans
BE IT FURTHER RESOLVED, that the Mayor and City Clerk are
authorized to execute the necessary documents to give this resolution full
force and effect.
#930-98 RESOLVED, that having considered a communication from
the Director of Public Works and the City Engineer, dated November 5,
1998, which bears the signature of the Director of Finance, is approved by
the Chairman of the Water and Sewer Board and is approved for
submission by the Mayor, requesting an additional appropriation for costs
to complete the sanitary sewer and water main improvements in
connection with the widening and resurfacing of Merriman Road between
Six and Seven Mile Roads, previously authorized pursuant to Council
Resolution 172-95, the Council does hereby appropriate and authorize the
REVISED PAGE - SEE 1931-98
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expenditure of the additional sum of $8,960 82 from the $5 Million Bond
Issuance of the Water and Sewer Fund for this purpose for the reasons
outlined in the aforesaid communication
#931-98 RESOLVED, that having considered the report and
recommendation of the Director of Public Works and the City Engineer,
dated November 12, 1998, approved as to form by the City Attorney and
approved for submission by the Mayor, the Council does hereby authorize
the Mayor and City Clerk, for and on behalf of the City of Livonia, to
execute the attached Overhead Easements (Right-of-Way) No RFW
201176 and 197438, which would grant easements to the Detroit Edison
Company across the following described City-owned property (archery
range and landfill) located in the North 1/2 of Section 27
Detroit Edison RFW No. 201176
27D1A1A1A A32C2 THAT PART OF THE N 1/2 OF SEC 27 DES
AS BEG AT A POINT ON THE N AND S 1/4 SEC LINE DIS S OD
06M 20S W 825 FT FROM THE N 1/4 COR OF SEC 27 AND
PROC TH S OD 06M 20SEC W ALONG SAID LINE 504 53 FT TH
S 89D 22M 10SEC E 43 01 FT TH S OOD 06M 20S W 65 0 FT TH
S 89D 22M 10S E 100 0 FT TH S OOD 06M 20S W 727 60 FT TH N
89D 12M 30S W 1475 12 FT TH N OOD 20M 30S E 1288 0 FT TH
S 89D 35M 30S E 1326 76 FT TO POB EXC THAT PART
RESERVED FOR HUBBARD AVE ROW DESC AS BEG AT A PT
S OOD 17M OOS E 186 0 FT TH W 43 0 FT TH N OOD 17M OOS E
186 0 FT TO THE SE COR OF LOT 34 SCHOOLCRAFT ACRES
L68 P44 WCR TH E 43 0 FT TO POB (32300 GLENDALE)
AND
Detroit Edison RFW No. 197438.
27D1A1A1A A32C2 THAT PART OF THE N 1/2 OF SEC 27 DES
AS BEG ATA POINT ON THE N AND S 1/4 SEC LINE DIS SOD
06M 20S W 825 FT FROM THE N 1/4 COR OF SEC 27 AND
PROC TH S OD 06M 20SEC W ALONG SAID LINE 504 53 FT TH
S 89D 22M 10SEC E 43 01 FT TH S OOD 06M 20S W 65 0 FT TH
S 89D 22M 10S E 100 0 FT TH S OOD 06M 20S W 727 60 FT TH N
89D 12M 30S W 1475 12 FT TH N OOD, 20M 30S E 1288 0 FT TH
S 89D 35M 30S E 1326 76 FT TO POB EXC THAT PART
RESERVED FOR HUBBARD AVE ROW DESC AS BEG AT A PT
S OOD 17M OOS E 186 0 FT TH W 43 0 FT TH N OOD, 17M OOS E
186 0 FT TO THE SE COR OF LOT 34 SCHOOLCRAFT ACRES
L68 P44 WCR TH E 43 0 FT TO POB (32300 GLENDALE)
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#932-98 RESOLVED, that having considered a request from
Councilmember Maureen Miller Brosnan, the Council does hereby refer
the matter of the solid waste/recycling contract between the City of Livonia
and Waste Management of Michigan, Inc to the Water, Sewer and Waste
Committee for its report and recommendation
A roll call vote was taken on the foregoing resolutions with the following result.
AYES Brosnan, Walsh, Vandersloot, Pastor, Duggan, Laura, and
Engebretson
NAYS None
It was noted that the subject of Council Resolution 764-98 re the site plan review for
property located at 18120 Middlebelt (Item #9 on the Agenda) is to remain in the
Streets, Roads and Plats Committee
On a motion by Brosnan, seconded by Vandersloot, and unanimously
adopted, it was
#933-98 RESOLVED, that having received a communication from the
Parks and Recreation Commission dated October 23, 1998, regarding the
extension of a lease agreement with the Livonia Hockey Association
involving the Devonaire Ice Arena, the Council hereby resolves to approve
said request as follows
1) A four- (4) year extension with two (2) additional three- (3) year
options to renew;
2) That said agreement to extend the lease shall include an itemized
list of proposed improvements and projected costs,
3) That Livonia Hockey Association shall not pay rent to the City of
Livonia for a minimum period of 8 1/2 years, or until such time as the
proposed capital improvements to be installed by the Livonia
Hockey Association total no less than $85,000 00, whichever occurs
first;
4) That the Livonia Hockey Association shall ensure that all
contractors utilized to perform the capital improvements shall obtain
all required permits and shall pay all required inspection fees, with
priority for using Livonia-based contractors, and
5) That said lease extension shall be subject to modification after the
City of Livonia Parks and Recreation Commission has issued its
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recommendation regarding residency requirements for the Livonia
Hockey Program
A communication from the Department of Finance, dated December 16,
1998, re a 5-yr history of repair and maintenance expenses incurred at Devonaire
Arena was received and placed on file for the information of the Council (CR 853-98)
A communication from the Department of Parks and Recreation, dated
December 16, 1998, re additional information on ice rental fees was received and
placed on file for the information of the Council (CR 853-98)
A report submitted by Carl Creighton re Bentley Center, Ice Arena
Committee, was received and placed on file for the information of the Council (CR 853-
98)
Brosnan gave first reading to the following Ordinance
AN ORDINANCE VACATING PORTIONS OF STREET,
ALLEY AND PUBLIC GROUND (Petition 98-7-3-4)
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 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 98-6-1-11)
A roll call vote was taken on the foregoing Ordinance with the following result:
AYES Brosnan, Walsh, Vandersloot, Pastor, Duggan, Laura, and
Engebretson
31376
NAYS None
The President declared the foregoing Ordinance duly adopted, and would become
effective on publication
Duggan took from the table, for second reading and adoption, the
following Ordinance
AN ORDINANCE ADDING SECTION 18 66 TO ARTICLE XVIII
OF ORDINANCE NO 543, AS AMENDED, KNOWN AND
CITED AS "THE CITY OF LIVONIA ZONING ORDINANCE"
(Petition 98-6-6-4)
A roll call vote was taken on the foregoing Ordinance with the following result:
AYES Brosnan, Walsh, Vandersloot, Pastor, Duggan, Laura, and
Engebretson
NAYS None
The President declared the foregoing Ordinance duly adopted, and would become
effective on publication
Duggan left the podium at 8 32 p m due to a conflict of interest on the next Agenda
item
Brosnan took from the table, for second reading and adoption, the
following Ordinance
AN ORDINANCE AMENDING SECTION 32 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 98-7-1-13)
A roll call vote was taken on the foregoing Ordinance with the following result:
AYES Brosnan, Walsh, Vandersloot, Pastor, Laura, and Engebretson
NAYS None
r.
31377
The President declared the foregoing Ordinance duly adopted, and would become
effective on publication
Duggan returned to the podium at 8 33 p m
On a motion by Laura, seconded by Vandersloot, it was
RESOLVED, that having considered a communication from
the City Assessor, dated November 24, 1998, approved for submission by
the Mayor, with regard to a request from Raymond and Bonnie Bihary,
16580 Merriman Road, Livonia, Michigan 48154, 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 determine to deny
the request for dividing Tax Item No 46-054-01-0021-000 into three (3)
parcels since the same would be in violation of the City's zoning ordinance
and law, as well as for the reason that the proposed lot split would not be
consistent with good planning and zoning practice
The following individuals from the audience spoke in opposition to the requested lot
split:
1) Eleanor Sejfula, 16544 Merriman (also submitted petitions opposed),
2) Evelyn Nash, 31370 Puritan,
3) Paul Scheuher, 31008 Munger; and
4) Jean Johnson, 31054 Munger
The petitioners, Bonnie and Raymond Bihary, 16580 Merriman, also addressed this
matter
On a motion by Duggan, seconded by Brosnan, it was
RESOLVED, that the Council does hereby determine to
substitute a resolution in lieu of the foregoing denying resolution which
would refer this matter to the Water, Sewer and Waste Committee for its
report and recommendation
A roll call vote was then taken on the motion to substitute with the following result:
AYES Brosnan, Pastor, and Duggan
NAYS Walsh, Vandersloot, Laura, and Engebretson
The President declared the motion to substitute denied
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A roll call vote was then taken on the originally proposed resolution by Laura, seconded
by Vandersloot, as follows
#934-98 RESOLVED, that having considered a communication from
the City Assessor, dated November 24, 1998, approved for submission by
the Mayor, with regard to a request from Raymond and Bonnie Bihary,
16580 Merriman Road, Livonia, Michigan 48154, 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 determine to deny
the request for dividing Tax Item No 46-054-01-0021-000 into three (3)
parcels since the same would be in violation of the City's zoning ordinance
and law, as well as for the reason that the proposed lot split would not be
consistent with good planning and zoning practice
with the following result:
AYES Walsh, Vandersloot, Pastor, Laura, and Engebretson
NAYS Brosnan and Duggan
The President declared the resolution adopted
On a motion by Duggan, seconded by Walsh, and unanimously adopted, it
was
#935-98 RESOLVED, that having considered a communication from
the City Planning Commission, dated November 30, 1998, which transmits
its resolution 11-190-98, adopted on November 24, 1998, with regard to
Petition 98-9-2-18, submitted by Randall W Hubbard requesting waiver
use approval to construct an addition to an existing auto body repair shop
located on the east side of Merriman Road between Schoolcraft and
Industrial Roads in the Northwest 1/4 of Section 26, which property is
zoned M-1, the Council does hereby concur in the recommendation made
by the City Planning Commission and Petition 98-9-2-18 is hereby
approved and granted, subject to the following conditions
1 That the Site Plan submitted by Randall W Hubbard, as received
by the Planning Commission on November 10, 1998, is hereby
approved and shall be adhered to,
2 That the Building Elevations Plan marked Sheet 4 of 5 prepared by
David L Hawkins & Associates, dated August 6, 1998, is hereby
approved and shall be adhered to with the additional provision that
the existing concrete elevation shall be matched by using block and
4
imp
31379
that the same metal treatment as presently exists will be continued
on the rest of the building on top of the wall,
3 That no more than five (5) vehicles shall be parked or stored
outside overnight on the site and such overnight outside
parking/storage shall be limited to the area immediately behind the
building, and
4 That there shall be no outside storage of auto parts, equipment,
scrap material, debris or other similar items
On a motion by Brosnan, seconded by Pastor, and unanimously adopted,
it was
#936-98 RESOLVED, that having considered a communication from
the City Planning Commission, dated September 17, 1998, which sets
forth its resolution 9-141-98, adopted on September 15, 1998, with regard
to Petition 98-7-1-15, submitted by First Industrial Realty Trust, Inc., for a
change of zoning of property located on the south side of Plymouth Road
between Eckles Road and Alois Avenue in the Southwest 1/4 of Section
30, from RUF to M-1, and the Council having conducted a public hearing
with regard to this matter on November 30, 1998, pursuant to Council
Resolution 758-98, the Council does hereby concur in the
recommendation of the Planning Commission and Petition 98-7-1-15 is
hereby denied for the following reasons
1 That the proposed change of zoning would allow industrial zoning,
which heretofore occurs only on the north side of Plymouth Road in
this area, to encroach into this residential neighborhood,
2 That the proposed change of zoning is incompatible to and not in
harmony with adjacent zoning districts to the east, south and west;
3 That the proposed change of zoning would allow for uses that
would be injurious and detrimental to the adjacent properties in this
neighborhood,
4 That the proposed change of zoning would represent a spot zoning
situation with respect to land located on the south side of Plymouth
Road, and
5 That the proposed change of zoning is contrary to the Future Land
Use Plan designation of medium density residential for the subject
area
31380
On a motion by Brosnan, seconded by Pastor, it was
RESOLVED, that having considered the report and
recommendation of the Director of Public Works and the City Engineer,
dated October 5, 1998, which bears the signature of the Director of
Finance and is approved for submission by the Mayor, and submitted
pursuant to Council Resolution 449-98 regarding the proposed installation
of sidewalks on the north and south sides of Seven Mile between
Newburgh Road and Farmington Road in Sections 4, 5, 8 and 9, as
outlined in the correspondence of the Director of Public Works and the
City Engineer, dated October 5, 1998, and a public hearing having been
held thereon on Wednesday, December 2, 1998, pursuant to Council
Resolution 827-98, the Council does hereby require the respective owners
of lots and premises referred to in said correspondence to construct and
install sidewalks at such premises, and the City Clerk is hereby requested
to do all things necessary to carry out the provisions of this resolution
which is made pursuant to Section 12 04 340 of Title 12, Chapter 04 of the
Livonia Code of Ordinances, as amended, FURTHER, said notice shall
set forth that the respective owners of lots and premises herein referred to
shall complete said sidewalks on or before June 1, 1999, after which date
the Engineering Division shall arrange for the construction of the said
sidewalks in accordance with Section 12 04 350 of the Livonia Code of
Ordinances, as amended, FURTHER, the Council does hereby authorize
John Carlo Inc., 21570 Hall Road, P 0 Box 8, Mt. Clemens, Michigan
48046, to complete all work required in connection with the construction of
said sidewalks in accordance with its existing contract with the County of
Wayne for the Seven Mile Road Reconstruction Project (previously
authorized in Council Resolution 449-98), FURTHER, the Council does
hereby direct that the $12 Million General Obligation Bond Issue from
which an advance in the amount of$56,688 99 was previously authorized
shall be reimbursed at such time as funds are available from that portion
of the project which is to be financed by single lot assessment at such
time as funds are subsequently received from the payment of bills and
assessments by affected property owners, FURTHER, the Council does
hereby authorize the action herein without competitive bidding in
accordance with Section 3 04 140D4 of the Livonia Code of Ordinances,
as amended, and the City Engineer is hereby authorized to do all other
things necessary or incidental to the full performance of this resolution
Brosnan and Pastor withdrew their motions on the foregoing resolution
From the audience, Tim Gleason, 19168 Glen Eagles Drive, stated that some of the
affected residents didn't recall receiving notices with respect to this matter, and inquired
as to the costs associated with the sidewalk installation
31381
On a motion by Brosnan, seconded by Pastor, and unanimously adopted,
it was
#937-98 RESOLVED, that having considered the report and
recommendation of the Director of Public Works and the City Engineer,
dated October 5, 1998, which bears the signature of the Director of
Finance and is approved for submission by the Mayor, and submitted
pursuant to Council Resolution 449-98 regarding the proposed installation
of sidewalks on the north and south sides of Seven Mile between
Newburgh Road and Farmington Road in Sections 4, 5, 8 and 9, as
outlined in the correspondence of the Director of Public Works and the
City Engineer, dated October 5, 1998, and a public hearing having been
held thereon on Wednesday, December 2, 1998, pursuant to Council
Resolution 827-98, the Council does hereby refer this matter to the
Committee of the Whole for its report and recommendation
On a motion by Laura, seconded by Duggan, and unanimously adopted, it
was
#938-98 RESOLVED, that the Council does hereby suspend their
rules for procedure as outlined in Council Resolution 574-82 so as to
permit consideration of items that do not appear on the agenda
On a motion by Laura, seconded by Pastor, and unanimously adopted, it
was
#939-98 RESOLVED, that having considered the report and
recommendation of the Finance, Insurance and Budget Committee, dated
December 14, 1998, submitted pursuant to Council Resolution 917-98,
and the report and recommendation of the Director of Community
Resources, dated November 23, 1998, which bears the signature of the
Director of Finance and is approved for submission by the Mayor,
submitted pursuant to Council Resolution 97-98, concerning the subject of
a local bus transportation system for the City of Livonia, and additional
correspondence from the Director of Community Resources, dated
December 8, 1998, which bears the signature of the Director of Finance
and is approved for submission by the Mayor, the Council does hereby
authorize an expenditure in the amount of$22,591 00 for the City's share
of the cost of purchasing two (2) new buses from SMART under its 80/20
Program for use in connection with the Livonia Community Transit
Program, FURTHER, the Council does hereby authorize such purchase
without competitive bidding for the reasons indicated in the aforesaid
communication, and such action is taken in accordance with the
31382
provisions set forth in Section 3 04 140D4 of the Livonia Code of
Ordinances, as amended
On a motion by Laura, seconded by Pastor, and unanimously adopted, it
was
#940-98 RESOLVED, that having considered the report and
recommendation of the Finance, Insurance and Budget Committee, dated
December 14, 1998, submitted pursuant to Council Resolution 917-98,
and a communication from the Director of Community Resources, dated
December 9, 1998, which bears the signature of the Director of Finance, is
approved by the City Attorney and is approved for submission by the
Mayor, and to which is attached a proposed Fiscal Year 1999 Municipal
Credit and Community Credit Contract between the City of Livonia and
SMART, the Council does hereby authorize the Mayor and City Clerk to
execute the Municipal Credit and Community Credit Contract for and on
behalf of the City of Livonia for fiscal year 1999 and to do all other things
necessary or incidental to the full performance of this resolution
On a motion by Laura, seconded by Brosnan, it was
#941-98 RESOLVED, that having considered a communication from
the Department of Law, dated December 15, 1998, 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 on Monday, January 4,
1999, at 7.00 p m , for the purposes of discussing litigation matters and
attorney/client privileged communications in connection with pending
litigation regarding Vettraino v City of Livonia.
A roll call vote was taken on the foregoing resolution with the following result:
AYES Brosnan, Walsh, Vandersloot, Pastor, Duggan, Laura, and
Engebretson
NAYS None
The President declared the resolution adopted
No one from the audience spoke during the audience communication
portion of the meeting
Councilmember Duggan wished everyone "Happy Holidays" and reminded everyone to
drive safely during the holiday season
31383
On a motion by Duggan, seconded by Brosnan, and unanimously
adopted, this 1,383rd Regular Meeting of the Council of the City of Livonia was
adjourned at 9 27 p m , December 16, 1998
ii
n McCotter, City Clerk