HomeMy WebLinkAboutCOUNCIL MINUTES 1997-09-22 REVISED 9/30/97 30468
MINUTES OF THE ONE THOUSAND THREE HUNDRED AND FIFTY-THIRD
REGULAR MEETING OF THE COUNCIL OF THE CITY OF LIVONIA
On September 22, 1997, 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 McGee delivered the invocation
Roll was called with the following result. Michael P McGee, Gerald
Taylor, Brian Duggan, Fernon P Feenstra, Maureen Miller Brosnan, Val Vandersloot,
and Joe Laura. Absent: None
Elected and appointed officials present: Jack E Kirksey, Mayor; John
Nagy, City Planner; Robert J Beckley, Director of Public Works, Robert J Schron, City
Engineer; Sean P Kavanagh, City Attorney; Joan McCotter, City Clerk, Karen A.
Szymula, Director of Legislative Affairs, Michael T Slater, Director of Finance, Linda
McCann, Director of Community Resources, and Ronald Reinke, Superintendent of
Parks and Recreation
On a motion by Feenstra, seconded by Duggan, and unanimously
adopted, it was
#768-97 RESOLVED, that the minutes of the 1,352nd Regular
Meeting of the Council of the City of Livonia, held September 10, 1997,
are hereby approved as submitted
On a motion by Taylor, seconded by McGee, and unanimously adopted, it
was.
#769-97 RESOLVED, that the Council does hereby refer to the
Planning Commission and the Planning Department for their reports and
recommendations the subject of the creation of a new control zone in the
area of the intersection of Plymouth and Farmington Roads
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On a motion by Feenstra, seconded by Duggan, and unanimously
adopted, it was
#770-97 RESOLVED, that the Council does hereby refer to the
Mayor and the Department of Law for their reports and recommendations
regarding the acquisition of the Ward Presbyterian Church property by
the City of Livonia
No one from the audience spoke during audience communication
A communication from the Engineering Division, dated September 15,
1997, re the status of Hillcrest Court Development, located at Five Mile and Spanich
Court, on the east side of the Kroger project, was received and placed on file for the
information of the Council
A communication from the Engineering Division, dated September 15,
1997, re the current status of the Edgewood Sanitary Sewer Project was received and
placed on file for the information of the Council
A communication from the Engineering Division, dated September 18,
1997, re status of the Pines of Winfield Subdivision and restoration work in Sheffield
Estates was received and placed on file for the information of the Council
A communication from the Department of Law, dated August 26, 1997, re
Supreme Court Administrative Order No 1997-6 concerning Court Management was
received and placed on file for the information of the Council (CR 392-97, CR 799-96
and CR 951-96)
On a motion by Duggan, seconded by Brosnan, it was
#771-97 RESOLVED, that having considered a letter from Julie
Stanley, 31151 Plymouth Road, Livonia, Michigan 48150, dated August
15, 1997, to which is attached a request to purchase certain City-owned
property located at 31602 Plymouth Road (Sidwell 108-99-0050-000), the
Council does hereby refer this matter to the Plymouth Road Development
Authority for its report and recommendation
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#772-97 RESOLVED, that having considered a letter from Julie
Stanley, 31151 Plymouth Road, Livonia, Michigan 48150, dated August
15, 1997, to which is attached a request to purchase certain City-owned
property located at 31602 Plymouth Road (Sidwell 108-99-0050-000), the
Council does hereby refer this matter to the Department of Law for the
purpose of directing the petitioner to obtain an appraisal with respect to
this property and does further request that the Department of Law
thereafter submit its report and recommendation to the Council
#773-97 RESOLVED, that having considered a letter from the
Assistant Director of Elections, Office of the County Clerk, dated
September 4, 1997, and in accordance with the provisions of Section 30a
of 1963 PA 65 (MCLA 168 30a), as amended, the Council does hereby
reappoint Mr Arthur Sippola, 14444 Melvin, Livonia, Michigan 48154, as
the Republican Member of the Board of Canvassers of the City of Livonia
for a term expiring December 31, 2001
#774-97 RESOLVED, that having considered a letter from the
Assistant Director of Elections, Office of the County Clerk, dated
September 4, 1997, and in accordance with the provisions of Section 30a
of 1963 PA 65 (MCLA 168 30a), as amended, the Council does hereby
reappoint Mr Patrick J Tavolacci, 18415 University Park, Livonia,
Michigan 48152, as the Democratic Member of the Board of Canvassers
of the City of Livonia for a term expiring December 31, 2001
imp
#775-97 RESOLVED, that having considered the report and
recommendation of the Chief of Police, dated August 20, 1997, which
bears the signature of the Director of Finance and is approved for
submission by the Mayor, the Council does hereby authorize the
purchase of eighty (80) 9mm pistols from C M P Distributors, Inc., 22206
W Warren Avenue, Detroit, Michigan 48239, for a net price of
$20,340 00, based on a total price of $38,200 00 less trade-ins of
revolvers and P230 pistols in the amount of$17,860 00, the same to be
appropriated and expended from Account No 265-334-987-000 for this
purpose, FURTHER, the Council does hereby authorize the purchase of
said items without competitive bidding for the reasons indicated in the
aforesaid communication, and such action is taken in accordance with
the provisions set forth in Section 3 04 140D4 of the Livonia Code of
Ordinances, as amended
#776-97 RESOLVED, that having considered a letter from the
Michigan Liquor Control Commission, dated April 9, 1997, and the report
and recommendation of the Chief of Police, dated August 20, 1997, in
connection therewith, the Council does hereby recommend approval of
the request from Outback Steakhouse of Florida, Inc. (a Florida
Corporation) and Wibel & Associates, Inc. (co-licensees) to drop Michael
A. Fuhrman as co-licensee and add Robert A. Banish as co-licensee in
1996 Class C licensed business located at 29441 Five Mile Road,
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Livonia, Michigan 48154, Wayne County; and the City Clerk is hereby
requested to forward a certified copy of this resolution to the Michigan
Liquor Control Commission
#777-97 RESOLVED, by the City Council of the City of Livonia, that
the annual Christmas Parade be, and hereby is approved for Saturday,
November 22, 1997, beginning at 9.00 a m , and that the Wayne County
Road Commission is hereby requested to close Six Mile Road from
Inkster to Middlebelt Road between the hours of 6 00 a m and 11 00
a m , Seven Mile Road from Merriman to Inkster between the hours of
9.00 a.m and 11 00 a m , and Middlebelt Road from Six Mile to Eight
Mile between the hours of 8 30 a m and 11 00 a m , or until the road is
returned to normal traffic operation, that the City of Livonia will assume
liability for any damage claims which may arise as a result of the road
closure, and that Captain William Morris is hereby designated and
authorized to sign the road closure permit in behalf of the City of Livonia
#778-97 WHEREAS, in order to make certain improvements to the
North Huron Valley-Rouge Valley Wastewater Control System (the
"System"), the Local Unit and certain other communities (collectively, the
"Local Units") entered into the Wayne County-Oakland County
Construction, Finance and Service Agreement with the County of Wayne
(the "County"), approved in 1988, based upon a form dated November 30,
1987, and
WHEREAS, such agreement was amended in 1988, 1989 and 1990 by
First, Second and Third Amendments thereto, respectively (as so
amended, the "Primary Contract"), in order to provide the necessary
details for the financing, construction and operation of certain
improvements to the System (the "Project"), and
WHEREAS, although the Project has been substantially completed, a
certain portion of the Project (the "Pump Station Project") has not been
completed, and
WHEREAS, the grant funds originally anticipated are no longer available
to complete the Pump Station Project; and
WHEREAS, the County and the Local Units have determined that it is
necessary to further amend and to restate the Primary Contract to provide
for the financing of the Pump Station Project; and
WHEREAS, it is necessary for the Local Unit to take certain actions in
connection with the financing of the Pump Station Project.
NOW, THEREFORE, BE IT RESOLVED, THAT
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1 The Amended and Restated Wayne County-Oakland County
Construction, Finance and Service Agreement, including all
exhibits thereto (the "Finance Agreement"), is hereby approved in
substantially the form presented to the Local Unit, with such
changes as the Mayor or the Director of Public Works (each, an
"Authorized Officer" and collectively, the "Authorized Officers") of
the Local Unit shall determine are necessary or advisable and the
Authorized Officers or either of them are hereby authorized to
execute the Finance Agreement for and on behalf of the Local Unit.
2 The Local Unit's share of the Pump Station Project, set forth in
Exhibit "J" to the Finance Agreement, shall be financed from the
sources set forth in the Finance Agreement. Either Authorized
Officer is hereby authorized to elect whether the Local Unit shall
make a cash contribution for its allocable share of the Pump
Station Project not available in its Custodial Account (as defined in
the Finance Agreement) or whether the Local Unit shall finance its
allocable share by borrowing the amount necessary on its own
credit or through the County pursuant to the provisions of Act 185,
Public Acts of Michigan, 1957, as amended ("Act 185")
3 The Authorized Officers or either of them are hereby authorized to
enter into a separate agreement with the County regarding
disposition of the Local Unit's Custodial Account as authorized in
the Finance Agreement, if an Authorized Officer determines it to be
in the Local Unit's best interest to do so, provided, however, that
such agreement shall be permitted only to the extent it does not
violate any covenants or agreements applicable to the funds
originally deposited into the Custodial Account and it does not
violate any covenants or agreements, including covenants and
agreements related to federal income taxation, applicable to bonds
issued or to be issued under the Primary Contract or under the
Finance Agreement
4 In the event an Authorized Officer shall elect to borrow the Local
Unit's allocable share of the Pump Station Project through the
County pursuant to Act 185, either Authorized Officer is hereby
authorized to apply to the Michigan Department of Treasury for an
Order of Approval or an Order Providing Exception from Prior
Approval for the bonds to be issued by Wayne County (the
"Bonds"), together with such waivers of requirements of Act 202,
Public Acts of Michigan 1943, as amended, as the Authorized
Officer shall determine necessary or advisable Such borrowing
shall not exceed the maximum principal amount of $426,845 00 If
the Bonds are issued through the Michigan Water Pollution Control
Revolving Fund (the "State Revolving Fund") , they shall bear
interest at a rate of 2 25% per annum Provisions for payment of
the Bonds shall be as provided in the Finance Agreement and any
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documents required to be executed by (i) the Michigan Municipal
Bond Authority and/or the Michigan Department of Environmental
Quality or (ii) another purchaser of the Bonds, in connection with
such borrowing
5 The Authorized Officers or either of them are hereby authorized to
execute and deliver any certificates, instruments, or documents as
shall be required by (i) Wayne County, (ii) the Michigan Municipal
Bond Authority, (iii) the Michigan Department of Environmental
Quality or (iv) any other purchaser of the Bonds in connection with
such borrowing and to take any and all actions necessary or
desirable in furtherance of the provisions of this Resolution or the
Finance Agreement approved hereby
#779-97 RESOLVED, that having considered the report and
recommendation of the Director of Finance, dated September 2, 1997,
approved for submission by the Mayor, and to which is attached a list of
adjustments required for the 1997 budget, the Council does hereby
authorize the said budget adjustments in the manner and form set forth in
the attached list.
A communication from the Planning Commission, dated August 25, 1997,
re administrative response to CR 518-97 - possible amendment of the City's Master
Plan and Zoning Ordinance with respect to eliminating the RUF classification and
establishing special residential districts which have as their objective the preservation
and protection of existing low density residential areas of lots of one-half acre and
greater in size -was received and placed on file for the information of the Council
#780-97 RESOLVED, that having considered a communication from
the Planning Commission, dated August 25, 1997, with regard to a
possible amendment to the City's Master Plan and the Zoning Ordinance
to eliminate the RUF classification and establish special residential
districts which have as their objective the preservation and protection of
existing low density residential areas of lots of one-half acre and greater
in size, the Council does hereby determine on its own motion to refer to
and request that the City Planning Commission conduct a public hearing
on the question of whether amendments should be made to the Zoning
Ordinance and the Future Land Use Plan as recommended in the
aforesaid communication, and thereafter submit a report and
recommendation to Council
#781-97 RESOLVED, that having considered a communication from
the Planning Commission, dated August 25, 1997, with regard to a
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possible amendment to the City's Master Plan and the Zoning Ordinance
to eliminate the RUF classification and establish special residential
districts which have as their objective the preservation and protection of
existing low density residential areas of lots of one-half acre and greater
in size, the Council does hereby refer this matter to the Streets, Roads
and Plats Committee for its report and recommendation
#782-97 RESOLVED, that having considered a letter from Shirley
Hutchinson, 61321 Fairland Drive, South Lyon, Michigan 48178, dated
September 7, 1997, with regard to the Church of Jesus Christ of Latter-
day Saints' 11th Annual Christmas Creche Exhibit (nativity scenes) to be
displayed in the church building on the corner of Six Mile Road and
Merriman, and wherein permission is requested to place signs at the
following locations throughout the City from November 22, 1997, through
December 9, 1997
1 One 4' x 5' wooden sign on the lawn of the church directly in front
of the building, set back at least 10 feet from the sidewalk on the
south side of the property;
2 Two 3' x 4' two-sided sandwich board signs located on the lawn of
the church at each driveway (one off Six Mile and one off
Merriman) set back at least 10 feet from the sidewalk;
3 Twenty-five wire lawn signs (size 11" x 14") with these words
Nativity Exhibit
Dec. 5 - 8
Corner of 6 Mile and Merriman
at the following corners
Five Mile and Newburgh Six Mile and Newburgh
Seven Mile and Newburgh Plymouth Road and Newburgh
Joy Road and Newburgh Five Mile and Levan
Six Mile and Levan Seven Mile and Levan
Seven Mile and Wayne Six Mile and Wayne
Lyndon and Farmington Five Mile and Farmington
Six Mile and Farmington Seven Mile and Farmington
Five Mile and Hubbard Five Mile and Merriman
Seven Mile and Merriman Eight Mile and Merriman
Five Mile and Middlebelt Six Mile and Middlebelt
Seven Mile and Middlebelt Merriman Road Post Office
Newburgh Road Post Office
the Council does hereby concur in and approve this request in the
manner and form herein submitted
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#783-97 RESOLVED, that having considered a letter from the
National League of Cities, dated August 12, 1997, with regard to the
Annual Business Meeting to be held in Philadelphia, Pennsylvania, on
December 3 - 6, 1997, the Council does hereby designate Mayor Jack E
arm, Kirksey as the Official Representative and Voting Delegate of the City of
Livonia at the Annual Meeting and does further delegate City Council
President Joe Laura as the alternate, and the City Clerk is hereby
requested to do all things necessary or incidental to the full performance
of this resolution
#784-97 RESOLVED, that having considered a communication from
City Council President Joe Laura, dated September 9, 1997, requesting a
revision of City Council procedures regarding late data, the Council does
hereby refer this matter to the Department of Law and the Legislative
Committee for their respective reports and recommendations
#785-97 RESOLVED, that having considered a communication from
City Council President Joe Laura, dated September 9, 1997, requesting to
amend and revise Council Resolution 1020-96, as amended by Council
Resolution 24-97, regarding the City Council Meeting Schedule for 1997,
the Council does hereby amend and revise Council Resolution 1020-96 to
designate Monday, December 8, 1997, as a Council Regular Meeting (in
place of Wednesday, December 3, 1997) and the balance of Council
Resolution 1020-96, as amended by Council Resolution 24-97, shall
remain in full force and effect.
A roll call vote was taken on the foregoing resolutions with the following result:
AYES McGee, Taylor, Duggan, Feenstra, Brosnan, Vandersloot, and
Laura.
NAYS None
On a motion by Duggan, seconded by Taylor, and unanimously adopted,
it was
#786-97 RESOLVED, that having considered the report and
recommendation of the Streets, Roads and Plats Committee, dated
September 9, 1997, submitted pursuant to Council Resolution 600-90,
regarding the topic of establishing a program for street replacement
and/or repair, the Council does hereby refer the subject of a proposed
method of funding local road improvements and whether Livonia should
adopt a program similar to that utilized by the City of Ann Arbor involving
a citizen committee on road needs to the Mayor for a report and
recommendation, FURTHER, the Council does hereby direct that this
subject shall remain in committee for further consideration
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On a motion by Duggan, seconded by Taylor, and unanimously adopted,
it was
#787-97 RESOLVED, that having considered the report and
recommendation of the Streets, Roads and Plats Committee, dated
September 9, 1997, submitted pursuant to Council Resolution 134-97,
and the report and recommendation of the City Engineer, dated January
27, 1997, approved for submission by the Mayor, regarding the subject of
the determination of the cost of paving Henry Ruff between Schoolcraft
and Five Mile Road, the Council does hereby refer this matter to the City
Council/Schools Liaison Committee for its report and recommendation.
A communication from the Engineering Division, dated September 17,
1997, re the classification of Henry Ruff Road between Schoolcraft and Five Mile
Road was received and placed on file for the information of the Council
On a motion by Duggan, seconded by Taylor, and unanimously adopted,
it was
#788-97 RESOLVED, that having considered the report and
recommendation of the Streets, Roads and Plats Committee, dated
September 9, 1997, submitted pursuant to Council Resolution 134-97,
and the report and recommendation of the City Engineer, dated January
27, 1997, approved for submission by the Mayor, and before determining
to pave Henry Ruff between Schoolcraft and Five Mile Road, in the City of
Livonia, the cost of which is to be defrayed by special assessment, the
City Engineer is hereby requested to ascertain the assessed valuation of
all property affected by the proposed improvement, the number of parcels
which show tax delinquencies, the number of parcels owned by public
authorities, the number of parcels which are now vacant, and to prepare
and cause to be prepared, plans and specifications therefor and an
estimate of the cost thereof, and to file the same with the City Clerk
together with his recommendation as to what proportion of the cost should
be paid by special assessment and what part, if any, should be a general
obligation of the City, the number of installments in which assessments
may be paid and the lands which should be included in the proposed
special assessment district, pursuant to the provisions of Section
3 08 060 of the Livonia Code of Ordinances, as amended
On a motion by Duggan, seconded by Feenstra, and unanimously
adopted, it was
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#789-97 RESOLVED, that having considered the report and
recommendation of the Streets, Roads and Plats Committee, dated
September 9, 1997, submitted pursuant to Council Resolution 699-95,
concerning the subject of the most appropriate land usage in the area
surrounding certain land-locked residential and industrial property located
on the north side of Alden Village Subdivision, the Council does hereby
refer the subject of a feasibility study to provide for a road to the
manufacturing-zoned property in this area and to determine the
appropriate zoning of such property to the City Engineer, the Planning
Department and the Plymouth Road Development Authority for their
respective reports and recommendations
A communication from the Department of Parks and Recreation, dated
April 10, 1997, re administrative response to CR 377-96 - establishment of an "Adopt-
A-Park" program of corporate sponsorship in exchange for recognition of the sponsor -
was received and placed on file for the information of the Council
On a motion by Duggan, seconded by Feenstra, and unanimously
adopted, it was
#790-97 RESOLVED, that having considered the report and
recommendation of the Streets, Roads and Plats Committee, dated
September 9, 1997, submitted pursuant to Council Resolution 624-96,
and the report and recommendation of the Department of Parks and
Recreation, dated April 10, 1997, which bears the signature of the
Director of Finance and is approved for submission by the Mayor,
regarding the establishment of an "Adopt-A-Park" program of corporate
sponsorship in exchange for recognition of the sponsor, the Council does
hereby approve of the establishment of such an "Adopt-A-Park" program
and does hereby concur in the recommendation made by the Parks and
Recreation Commission in its resolution 2384-97, adopted on March 3,
1997, and the following procedures are hereby approved
1 An "Adopt-A-Park" program is hereby established for citizens, civic
associations, scouts and community organizations to become
involved in periodic cleanups and activities intended to improve the
quality of life in the neighborhood parks Groups adopting a park
shall be recognized by placing an 18" x 24" sign stating "This Park
has been adopted by , City of Livonia, Parks and
Recreation" and such action would be renewable on a yearly basis
2 A "Park Sponsorship" program is hereby established for
individuals, groups or corporations to make a financial contribution
to the City and obtain sponsorship of a specific park for a period of
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one year The following sponsorship levels are hereby
established
Gold $1,500 00 and up
Silver $1,000 00 to $1,499 00
Bronze $ 500 00 to $ 999 00
Recognition shall be noted by placing a sign at the entrance of the
park noting the name of the sponsor and the level of sponsorship
One sponsor of each level per park shall be allowed for a total of
three sponsors per park. A permanent list of sponsors and level of
sponsorship shall be maintained by the Department of Parks and
Recreation on a wall-mounted plaque placed in the hallway outside
the office of the Department of Parks and Recreation. Sponsorship
shall also be acknowledged by presenting the sponsor with an
appropriate plaque or award for display on the sponsor's premises
All parks in the City shall be available for sponsorship with the
exception of Rotary Park, which has been sponsored by the
Livonia Rotary Club since 1974
On a motion by Feenstra, seconded by McGee, and unanimously
adopted, it was
#791-97 RESOLVED, that the Council does hereby refer to the
administration and the Engineering Division for their reports and
recommendations the subject matter of a road classification report.
On a motion by Feenstra, seconded by Taylor, it was
RESOLVED, that having considered the report and
recommendation of the Committee of the Whole, dated September 16,
1997, submitted pursuant to Council Resolution 692-97, and
communications from the Department of Law, dated August 7, 1997, and
September 18, 1997, approved for submission by the Mayor, regarding
the subject of a proposed modification of the Consent Judgment
previously entered in connection with Wayne County Circuit Court Case
No 95-531075 CE, Thomas Guastello v City of Livonia, the Council does
hereby approve the new user and site plan and does hereby authorize the
City Attorney, for and on behalf of the City of Livonia, to execute a
stipulation modifying the Consent Judgment previously entered into to
reflect the revised site plan, dated September 19, 1997, revised building
elevation plans received and dated September 22, 1997, along with
revised landscape plan dated August 12, 1997, to be marked as Revised
Exhibit B, attached to the Consent Judgment and to add certain
�""' provisions to the Consent Judgment, to wit.
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1 The following hours of operation shall be adhered to with respect
to the sit-down restaurant.
Sunday through Thursday 6 00 a m to 11 00 p m.
Friday and Saturday 6 00 a m to 12 00 a m
2 The restaurant dumpster shall be located as close to the southeast
corner of the building as possible
3 The entrance of the building facing Middlebelt Road and the
northwest corner of the building shall have additional brick to
enhance the facade of the building, and all modifications to the
building elevations shall be adhered to as presented in a
September 22, 1997 modified site plan
The following individuals addressed this matter
1) Jeffrey Ames, representing International House of Pancakes (IHOP) - indicated
they had addressed all of Councils' concerns,
2) Karen Paison, 29321 Perth -would like the hours of operation re-evaluated;
10.00 p m closing should be the latest;
3) John Fleischer, 29313 Perth - his property abuts IHOP, opposed to this proposal
and also the hours of operation,
4) Mary Toovalian, 29305 Perth - opposed to the hours of operation The residents
in that area will have no privacy in their yards Also, flooding problems have occurred
in their backyards due to the berm,
5) Kathryn Turner, 29213 Perth - at the Committee Meeting it was stated the
closing time Sunday through Thursday would be 1000 p m , not 11 00 p m She stated
that, as a former restaurant employee, employees may go to their cars after work but
may not leave immediately; and
6) Al Bsharah, 29297 Perth - also opposed to the hours, they should not be open
after 1000 p m He owns a restaurant in another city and does not believe customers
and employees will be out of the restaurant approximately 20 minutes after closing
time He also mentioned the water problem due to the berm
On a motion by Duggan, it was
RESOLVED, that the Council does hereby offer a substitute
resolution in lieu of the foregoing with the same verbiage, but changing
the closing time to 10 p m Sunday through Thursday
The motion to substitute failed for lack of support.
A roll call vote was then taken on the original resolution by Feenstra, seconded by
Taylor, as follows
#792-97 RESOLVED, that having considered the report and
recommendation of the Committee of the Whole, dated September 16,
1997, submitted pursuant to Council Resolution 692-97, and
communications from the Department of Law, dated August 7, 1997, and
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September 18, 1997, approved for submission by the Mayor, regarding
the subject of a proposed modification of the Consent Judgment
previously entered in connection with Wayne County Circuit Court Case
No 95-531075 CE, Thomas Guastello v City of Livonia, the Council does
hereby approve the new user and site plan and does hereby authorize the
City Attorney, for and on behalf of the City of Livonia, to execute a
stipulation modifying the Consent Judgment previously entered into to
reflect the revised site plan, dated September 19, 1997, revised building
elevation plans received and dated September 22, 1997, along with
revised landscape plan dated August 12, 1997, to be marked as Revised
Exhibit B, attached to the Consent Judgment and to add certain
provisions to the Consent Judgment, to wit:
1 The following hours of operation shall be adhered to with respect
to the sit-down restaurant:
Sunday through Thursday 6 00 a.m to 11 00 p m
Friday and Saturday 6 00 a.m to 12:00 a.m
2 The restaurant dumpster shall be located as close to the southeast
corner of the building as possible
3 The entrance of the building facing Middlebelt Road and the
northwest corner of the building shall have additional brick to
enhance the facade of the building, and all modifications to the
building elevations shall be adhered to as presented in a
September 22, 1997 modified site plan
with the following result:
AYES McGee, Taylor, Duggan, Feenstra, and Laura
NAYS Brosnan and Vendersloot.
The President declared the resolution adopted
A communication from the Department of Law, dated September 17,
1997, re administrative response to CR 707-97 - legal questions raised with respect to
the proposed Ethics Ordinance whether it violates the City Charter; whether it
discriminates between classes of employees, and whether an exemption under Section
13 of the Michigan Freedom of Information Act maybe included re complaints
g P
L
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submitted to the Board of Ethics - was received and placed on file for the information of
the Council
On a motion by Feenstra, seconded by Duggan, it was
RESOLVED, that having considered the report and
recommendation of the Legislative Committee, dated September 17,
1997, submitted pursuant to Council Resolution 1176-96, and the report
and recommendation of the Department of Law, dated September 17,
1997, approved for submission by the Mayor, with regard to the subject of
a proposed amendment to the Livonia Code of Ordinances to add therein
an Ethics Ordinance, the Council does hereby determine to adopt a Code
of Ethics as submitted by Council President Joe Laura on September 14,
1997, in lieu of the adoption of an Ethics Ordinance
The following individuals from the audience addressed this matter
1) Bob Snyder, 16774 Ronnie Lane - felt this issue had been going on for too long,
he wants the ordinance enacted,
2) Janet Cooper, Chair of the Citizens Advisory Committee - read a letter she also
submitted to Council in favor of the passage of an Ethics Ordinance, not a Code of
Ethics, and
3) Geraldine Joyner, 32814 Indiana - angry with this proposed resolution after all
the time the Committee spent on the proposed ordinance
A roll call vote was then taken on the proposed resolution with the following result:
AYES Feenstra and Laura
NAYS McGee, Taylor, Duggan, Brosnan, and Vandersloot.
The President declared the resolution denied
On a motion by Feenstra, it was
RESOLVED, that having considered the report and
recommendation of the Legislative Committee, dated September 17, 1997,
submitted pursuant to Council Resolution 1176-96, and the report and
recommendation of the Department of Law, dated September 17, 1997,
approved for submission by the Mayor, with regard to the subject of a
proposed amendment to the Livonia Code of Ordinances to add therein an
Ethics Ordinance, the Council does hereby request that the Department of
Law submit a legal opinion as to whether the revised draft of the Ethics
Ordinance, as submitted by the Chair of the Citizens Advisory Committee
and Councilmember Michael P McGee, violates Chapter IV, Section 3 of
the Livonia City Charter or any other Charter provisions
The President declared the motion denied for lack of support.
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On a motion by Feenstra, seconded by Taylor, it was.
RESOLVED, that having considered the report and
recommendation of the Legislative Committee, dated September 17, 1997,
submitted pursuant to Council Resolution 1176-96, and the report and
recommendation of the Department of Law, dated September 17, 1997,
approved for submission by the Mayor, with regard to the subject of a
proposed amendment to the Livonia Code of Ordinances to add therein an
Ethics Ordinance, the Council does hereby refer the subject of which
employees or officials are subject to the provisions of an Ethics Ordinance
and Code in each city of 50,000 persons or more in Michigan which has
adopted such an Ordinance or Code to be included in a survey of whether
ethics concerns are addressed by means of an Ordinance or a Code of
Ethics in such municipalities to the Department of Law for its report and
recommendation
The Council President relinquished the Chair at 8 54 p m to address this matter
Janet Cooper referenced a February 10, 1997 letter the Committee submitted that
indicated municipalities of fairly compatible size with Livonia that have adopted
Ordinances on this matter She stated they were unable to find out information about
adoption of Codes
Bob Snyder spoke again, indicated the Committee had done a terrific job on this
Ordinance and he wanted it voted on tonight.
A roll call vote was then taken on the proposed resolution by Feenstra, seconded by
Taylor, as follows.
#793-97 RESOLVED, that having considered the report and
recommendation of the Legislative Committee, dated September 17, 1997,
submitted pursuant to Council Resolution 1176-96, and the report and
recommendation of the Department of Law, dated September 17, 1997,
approved for submission by the Mayor, with regard to the subject of a
proposed amendment to the Livonia Code of Ordinances to add therein an
Ethics Ordinance, the Council does hereby refer the subject of which
employees or officials are subject to the provisions of an Ethics Ordinance
and Code in each city of 50,000 persons or more in Michigan which has
adopted such an Ordinance or Code to be included in a survey of whether
ethics concerns are addressed by means of an Ordinance or a Code of
Ethics in such municipalities to the Department of Law for its report and
recommendation.
with the following result:
AYES McGee, Taylor, Duggan, Feenstra, Vandersloot, Laura, and
Brosnan.
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NAYS None
The Vice President declared the resolution adopted.
The President resumed the Chair at 8 59 p m.
McGee gave first reading to the following Ordinance as revised at the
September 17, 1997, Legislative Committee meeting
AN ORDINANCE ADDING CHAPTER 200 (ETHICS) TO TITLE 2
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 Feenstra, seconded by Brosnan, it was
RESOLVED, that the Council does hereby refer to the
Department of Law to draft the Ethics Ordinance in compliance with the
changes made at the September 17, 1997, Legislative Committee
meeting
The Council President relinquished the Chair at 9.04 p m. to address this matter
On a motion by Taylor, seconded by McGee, it was.
RESOLVED, that the Council does hereby call the previous
question and end debate
A roll call vote was taken on the motion to call the previous question with the following
result:
AYES McGee, Taylor, Duggan, Feenstra, Vandersloot, and Brosnan.
NAYS Laura.
The Vice President declared debate ended.
A roll call vote was then taken of the original resolution proposed by Feenstra,
seconded by Brosnan, as follows
hip
30484
#794-97 RESOLVED, that the Council does hereby refer to the
Department of Law to draft the Ethics Ordinance in compliance with the
changes made at the September 17, 1997, Legislative Committee
meeting
with the following result.
AYES McGee, Taylor, Duggan, Feenstra, Vandersloot, and Brosnan
NAYS Laura
The Vice President declared the resolution adopted
The President resumed the Chair at 9.20 p m
A communication from the Department of Law, dated September 18,
1997, re forwarding a revised draft of the Defined Contribution Retirement Plan
Ordinance, as well as a copy of DC Plan vesting requirements for Oakland and Wayne
Counties, was received and placed on file for the information of the Council
A communication from the Assistant Personnel Director, dated September
18, 1997, re Civil Service Commission and Board of Trustees review and comments
regarding the proposed retirement ordinance amendments for the Defined Contribution
Plan made at their regular meetings of September 9, 1997 and September 3, 1997,
respectively, was received and placed on file for the information of the Council
Feenstra took from the table, for second reading and adoption, the
following Ordinance
AN ORDINANCE ADDING CHAPTER 97 (THE CITY OF
LIVONIA EMPLOYEES RETIREMENT SYSTEM DEFINED
CONTRIBUTION PLAN) TO TITLE 2 OF THE LIVONIA
CODE OF ORDINANCES, AS AMENDED
A roll call vote was taken on the foregoing Ordinance with the following result:
AYES McGee, Taylor, Duggan, Feenstra, Brosnan, Vandersloot, and
Laura
NAYS None
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The President declared the foregoing Ordinance duly adopted, and would become
effective on publication
Duggan gave first reading to the following Ordinance
AN ORDINANCE VACATING PORTIONS OF STREET,
ALLEY AND PUBLIC GROUND (Petition 97-4-3-3)
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
Feenstra took from the table, for second reading and adoption, the
following Ordinance
AN ORDINANCE AMENDING SECTION 15 02 OF ARTICLE XV,
AND AMENDING SUBSECTION (h) OF SECTION 11 03 OF
ARTICLE XI OF ORDINANCE NO 543, AS AMENDED,
KNOWN AND CITED AS "THE CITY OF LIVONIA ZONING
ORDINANCE" (Petition 96-10-6-6)
A roll call vote was taken on the foregoing Ordinance with the following result.
AYES McGee, Taylor, Duggan, Feenstra, Brosnan, Vandersloot, and
Laura
NAYS None
The President declared the foregoing Ordinance duly adopted, and would become
effective on publication
Taylor took from the table, for second reading and adoption, the following
Ordinance
AN ORDINANCE AMENDING SECTION 1 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 97-3-1-2)
A roll call vote was taken on the foregoing Ordinance with the following result:
30486
AYES McGee, Taylor, Duggan, Feenstra, Brosnan, Vandersloot, and
Laura
NAYS None
The President declared the foregoing Ordinance duly adopted, and would become
effective on publication
On a motion by Feenstra, seconded by Brosnan, and unanimously
adopted, it was
#795-97 RESOLVED, that having considered the report and
recommendation of the Chief of Police, dated August 26, 1997, as revised
on September 3, 1997, approved for submission by the Mayor, in
connection with a letter of application by ABC Cab, P 0 Box 653,
Farmington, Michigan 48332, dated March 7, 1997, and a subsequent
correspondence dated May 5, 1997, for a taxicab license to operate 15
cabs to be located at 36977 Amrhein, Livonia, Michigan 48150, the
Council does hereby determine to approve the request for a taxicab
license for ABC Cab with the following conditions
1 That ABC Cab shall supply senior transportation at the going City
rate,
2. That ABC Cab shall meet the insurance requirements of the City of
Livonia, and
3 That ABC Cab shall become part of the transportation consortium
as outlined by the Department of Community Resources
A communication from the Department of Community Resources, dated
September 18, 1997, re additional information pertaining to ABC Cab's application for
a taxicab license was received and placed on file for the information of the Council
On a motion by Taylor, seconded by Feenstra, and unanimously adopted,
it was
#796-97 RESOLVED, that having considered a communication from
the City Planning Commission, dated August 26, 1997, which transmits its
resolution 8-145-97 adopted on August 19, 1997, with regard to Petition
97-8-8-19 submitted by Gallagher Group, requesting site plan approval in
connection with a proposal to construct two office buildings on property
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located at 29248 Bretton in the Southwest 1/4 of Section 1, pursuant to
the provisions set forth in Section 18 47 of Ordinance No 543, as
amended, the Council does hereby concur in the recommendation of the
aim Planning Commission and Petition 97-8-8-19 is hereby approved and
granted, subject to the following conditions
1 That the Site Plan marked Sheet 1 dated July 22, 1997, as revised,
prepared by Gallagher Group Construction Company, is hereby
approved and shall be adhered to,
2 That all light standards shall be shielded from adjacent properties
and shall not exceed 20 feet in height;
3 That the three walls of both trash dumpster areas shall be
constructed out of the same brick used in the construction of the
buildings, and the wooden enclosure gates shall be maintained
and when not in use closed at all times,
4 That the Landscape Plan marked Sheet L1 dated August 5, 1997,
prepared by Gallagher Group Construction Company, is hereby
approved and shall be adhered to,
5 That all disturbed lawn areas shall be sodded in lieu of
hydroseeding,
6 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, and
7 That the Exterior Building Elevation Plans marked Sheet 2, dated
April 7, 1997, and Sheet 3, dated April 8, 1997, prepared by
Gallagher Group Construction Company, are hereby approved and
shall be adhered to
On a motion by Feenstra, seconded by Duggan, and unanimously
adopted, it was
#797-97 WHEREAS, the City Clerk has received an Application for
Industrial Facilities Exemption Certificate from Ideal Fabricators, Inc.,
dated June 5, 1997, covering new industrial facilities to be located within
City of Livonia Industrial Development District No 67, and
WHEREAS, the City Clerk has notified in writing the Assessor of the City
of Livonia as well as the legislative body of each taxing unit which levies
ad valorem property taxes in the local governmental unit in which the
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proposed facility is to be located, i e , the City of Livonia, and advised
each of them that the said Application has been received; and
WHEREAS, the City Council has afforded Ideal Fabricators, Inc., the
Assessor, and a representative of each of the affected taxing units an
opportunity for a hearing on this Application and said hearing having in
fact been conducted at 7 00 p m , Monday, September 15, 1997, at the
Livonia City Hall, 33000 Civic Center Drive, Livonia, Michigan.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
LIVONIA AS FOLLOWS
1 That the City Council, on the basis of the information received from
the applicant, Ideal Fabricators, Inc., finds and determines' (a) that
the granting of this industrial facilities exemption certificate shall
not have the effect of substantially impeding the operation of the
local governmental unit or impairing the financial soundness of any
taxing unit which levies an ad valorem property tax in the local
governmental unit in which the facility is to be located, and (b) the
applicant has fully complied with the requirements of Section 9, Act
No 198, P.A. 1974, as amended.
2. That the City Council hereby approves the Application for Industrial
Facilities Exemption Certificate from Ideal Fabricators, Inc.
covering new industrial facilities to be located within the City of
Livonia Industrial Development District No 67 for 12 years
3 That in accordance with the requirements of Section 22, Act 198,
P.A. 1974, as amended, wherein a letter of agreement between the
applicant and the City is required in order to clarify the
understanding and the commitment between the applicant and the
Board upon approval of an Industrial Facility Exemption Certificate,
the Council hereby authorizes the Mayor and City Clerk to sign
such Letter of Agreement as duly executed by the applicant and
incorporate such Letter of Agreement as part of the documentation
required to process applications for industrial facility exemption
certificates
On a motion by Duggan, seconded by Feenstra, it was
#798-97 RESOLVED, that having considered a communication from
the City Planning Commission, dated July 31, 1997, which sets forth its
resolution 7-119-97 adopted on July 22, 1997, with regard to Petition 97-
6-2-15 submitted by Rite Aid of Michigan requesting waiver use approval
to transfer SDD and SDM licenses to an existing Rite Aid Drug Store
located on the southwest corner of Six Mile and Inkster Roads in the
Northeast 1/4 of Section 13, which property is zoned C2, Cl and P, and
the Council having conducted a public hearing with regard to this matter
30489
on Monday, September 15, 1997, pursuant to Council Resolution 653-97,
the Council does hereby concur in the recommendation of the City
Planning Commission and said Petition 97-6-2-15 is hereby denied for the
following reasons
1 That the petitioner has failed to affirmatively show that the
proposed uses are in compliance with all of the general waiver use
standards and requirements as set forth in Section 19 06 of the
Zoning Ordinance No 543,
2 That the proposed use fails to comply with Section 11 03(r)(I) of the
Zoning Ordinance which requires a 500 foot separation between
SDM licensed establishments;
3 That there is no demonstrated need for additional SDD and SDM
licensed facilities in this area of the City; and
4 That the proposed uses are incompatible to and not in harmony
with the surrounding uses in the area.
A roll call vote was taken on the foregoing resolution with the following result:
AYES McGee, Taylor, Duggan, Feenstra, Brosnan, and Vandersloot.
NAYS Laura.
The President declared the resolution adopted
The following individuals from the audience addressed the foregoing matter
1) Fred Lovejoy, attorney for Rite Aid, Lansing, MI - referenced his letter of
September 19, 1997 requesting approval of this waiver use He asked the Council to
please reconsider;
2) Frederick D Elias, representing Trade Vine Party Store - stated that Rite Aid
knew what they were getting into in this location and the situation hasn't changed.
Trade Vine is a 16 year business resident and they have recently made a number of
improvements;
3) Eric Behrmann, 16678 Rougeway - supports the denial of this matter;
4) Resident - lives to the south of Rite Aid His daughter sold the property to Rite
Aid He stated we don't need more than one store on that corner to sell liquor; and
5) Mark Prestininzi, District Manger for Rite Aid - indicated that their general floor
plan included beer and wine, and they did not know they weren't going to get the liquor
license He also submitted a petition with 152 signatures of Rite Aid patrons who would
like beer and wine available in their store
30490
A communication from Fred C Lovejoy, attorney for Rite Aid, dated
September 19, 1997, re additional information pertaining to Petition 97-6-2-15, waiver
petition by Rite Aid of Michigan to transfer SOD and SDM licenses to an existing Rite
Aid store located on the southwest corner of Six Mile and Inkster Roads in the
Northeast 1/4 of Section 13, was received and placed on file for the information of the
Council
On a motion by Feenstra, seconded by Duggan, and unanimously
adopted, it was
#799-97 RESOLVED, that having considered a communication from
the Superintendent of Parks and Recreation, dated September 8, 1997,
which bears the signature of the Director of Finance and is approved for
submission by the Mayor, the Council does, for and on behalf of the City
of Livonia, accept the gift of one standard stove for the City parks from
Livonia Moose Lodge 1317, 29087 Plymouth Road, Livonia, Michigan
48150, and one backstop for Country Homes Park from Livonia True
Value, 33533 Five Mile Road, Livonia, Michigan 48154, for use in
connection with the Department of Parks and Recreation programs
On a motion by Brosnan, seconded by Vandersloot, and unanimously
adopted, it was
#800-97 RESOLVED, that having considered the report and
recommendation of the City Engineer and the Director of Public Works,
dated September 15, 1997, which bears the signature of the Director of
Finance and is approved for submission by the Mayor, requesting an
additional appropriation for costs to complete the Combined Sewer
Separation Program, previously authorized pursuant to Council
Resolution 489-95, the Council does hereby appropriate and authorize
the expenditure of the additional sum of$62,708 62 from the $5 Million
Water Revenue Bond Issue for this purpose for the reasons outlined in
the aforesaid communication, FURTHER, the Council does hereby
authorize final payment (Payment Estimate No 7) to be made to Six-S,
Inc., 2210 Scott Lake Road, Waterford, Michigan 48328, in the amount of
$52,201 95 for this work.
No one spoke during the audience communication portion of the meeting
30491
Council Vice President Brosnan announced that the Plymouth Road
Development Authority's groundbreaking ceremony will take place on Tuesday,
September 30, 1997, at Mama Mia's restaurant.
On a motion by Vandersloot, seconded by Duggan, and unanimously
adopted, this 1,353rd Regular Meeting of the Council of the City of Livonia was
adjourned at 9.53 p m , September 22, 1997
1 rc_ AZ 1
n McCotter, City Clerk