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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 30469 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 30470 #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, 30471 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 30472 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 30473 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 30474 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 30475 #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 30476 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 30477 #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 30478 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. 30479 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 30480 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 30481 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. 30482 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. 30483 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 30485 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 30487 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 30488 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