HomeMy WebLinkAboutCOUNCIL MINUTES 1997-03-26 30086
MINUTES OF THE ONE THOUSAND THREE HUNDRED AND FORTY-FIRST
REGULAR MEETING OF THE COUNCIL OF THE CITY OF LIVONIA
On March 26, 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 7 59 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; H
Shane, Assistant City Planner; Robert J Beckley, Director of Public Works, Sean P
Kavanagh, City Attorney; Joan McCotter, City Clerk; Karen A. Szymula, Director of
Legislative Affairs, James Andres, Chief Accountant; John Fegan, Director of
Inspection, Ronald Reinke, Superintendent of Parks and Recreation, Linda McCann,
Director of Community Resources, and Kevin Roney, Public Utility Manager
On a motion by Taylor, seconded by Duggan, and unanimously adopted,
it was
#212-97 RESOLVED, that the minutes of the 1,340th Regular
Meeting of the Council of the City of Livonia, held March 12, 1997, are
hereby approved as submitted
Councilmember Feenstra wished his wife, Barbara, a "Happy Birthday "
On a motion unanimously introduced, seconded and adopted, it was
#213-97 WHEREAS, the City of Livonia was again recognized as a
city of quality when one of its distinguished citizens, Gordon W St. John,
coached Redford Catholic Central High School to the Michigan Class A
Hockey Championship, and
WHEREAS, in posting a record of 25 wins, 1 loss, and 1 tie, the team
was consistently rated as the #1 team in the state, and
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WHEREAS, Coach St. John was an outstanding professional hockey
player, head coach of Detroit Country Day, assistant coach of Catholic
Central, coach of the Cranbrook Cranes, and now as head coach of
Redford Catholic Central, and
WHEREAS, Gordon W St. John continues to serve the City of Livonia as
a member of the Traffic Commission and with his wife, Linda, protector of
Rotary Park, and
WHEREAS, Gordon W St. John is annually recognized by his peers as
Chief Executive Officer of Bosquett and Company, Treasurer of the St.
John Insurance Agency of which he is consistently recognized with
superior gold performance awards
NOW, THEREFORE, BE IT RESOLVED, that the Mayor and Council of
the City of Livonia unanimously adopt this resolution of congratulations to
Gordon W St. John for the successes and the superb recognition this
brings to the citizens of the City of Livonia
Mayor Kirksey stated that the City is continuing to negotiate with
Ameritech with regard to the three (3) area codes proposed for Livonia. Bob Beckley,
Director of Public Works, then gave an update on the damage incurred from the ice
storm of March 14, 1997, and the City's efforts to clean up the problem areas
During audience communication, George Boller, 36270 Hammer, stated
that the storm debris was still not cleaned up near his home He also complained of the
lack of Police presence at the major intersections where traffic lights had failed due to
the ice storm
A communication from the Department of Finance, dated March 6, 1997,
re. forwarding the various financial statements of the City of Livonia for the month
ending December 31, 1996, was received and placed on file for the information of the
Council
A communication from the Department of Finance, dated March 13, 1997,
re forwarding the various financial statements of the City of Livonia for the month
ending January 31, 1997, was received and placed on file for the information of the
Council
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At the direction of the Chair, Item #5 was removed from the Consent
portion of the Agenda
On a motion by Taylor, seconded by Feenstra, it was
#214-97 RESOLVED, that having considered a letter from Deborah
Antosiewicz, St. Edith School, dated March 5, 1997, which requests
permission to place signs announcing a rummage sale to be conducted
on Friday, April 25, 1997, which signs would be installed on April 18,
1997, and removed on April 25, 1997, and would consist of one 4'x 4' sign
in front of St. Edith School and several 2' x 1' signs at the following
intersections
1-96 and Inkster, N E corner
1-96 and Middlebelt, N E corner
1-96 and Merriman, N E corner
1-96 and Farmington, N E corner
1-96 and Levan, N E corner
1-96 and Newburgh, N E corner
1-275 and Six Mile, Northbound exit
Plymouth and Middlebelt, N W corner
Seven Mile and Middlebelt, S W corner
Seven Mile and Farmington, S W corner
Eight Mile and Haggerty, S E corner
Newburgh and Eight Mile, S W corner
Newburgh and Seven Mile, S W corner
Newburgh and Six Mile, S W corner
Newburgh and Five Mile, S W corner
the Council does hereby approve and grant this request in the manner
and form herein submitted
#215-97 RESOLVED, that having considered a communication from
the City Clerk, dated February 24, 1997, requesting that Sections
1 08 070 and 1 08 071 of the Livonia Code of Ordinances be amended to
reflect the boundary changes in Precincts 8A and 8B arising from the
addition of the Caliburn Estates Subdivision No 3, the Council does
hereby refer this matter to the Department of Law to prepare the
appropriate ordinance amendments to Sections 1 08 070 and 1 08 071 of
the Livonia Code of Ordinances for submission to Council
#216-97 RESOLVED, that having considered the report and
recommendation of the Chief of Police, dated March 6, 1997, which bears
the signature of the Director of Finance and is approved for submission
by the Mayor, the Council does hereby authorize the City's participation in
the purchase of a driving simulator system known as Advanced Mobile
Operations Simulator from Doran Precision Systems, P 0 Box 400,
30089
Binghampton, New York 13902, through the consortium formed by the
Police Departments of West Bloomfield, Farmington Hills, Farmington and
Livonia, in the amount of $37,282 07 (City of Livonia's share),
FURTHER, the Council does hereby appropriate and authorize a transfer
of funds from the Unexpended Fund Balance Account No 265-009-699-
999 (Adjudicated Forfeitures monies) to the Adjudicated Forfeitures
Capital Outlay-Other Equipment Account for this purpose, FURTHER, the
Council does hereby determine to authorize the City's participation in the
purchase of said item 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
A communication from the Inspection Department, dated February 26,
1997, re administrative response to CR 111-97 - the disposal of ice by Joe's Produce,
located at 33100 Seven Mile Road, was received and placed on file for the information
of the Council
#217-97 RESOLVED, that having considered the report and
recommendation of the Superintendent of Parks and Recreation, dated
February 24, 1997, which bears the signature of the Director of Finance
and is approved for submission by the Mayor, the Council does hereby
accept the bid of Charles R. Mueller & Sons, Inc., 21500 Gratiot,
Eastpointe, Michigan 48021, for supplying the Department of Parks and
Recreation with one (1) Zamboni for a net price of $51,995 00, based on
a total price of$61,995 00 less trade-ins of $10,000 00, the same having
been in fact the lowest and only bid received and meets specifications
#218-97 RESOLVED, that having considered the report and
recommendation of the Superintendent of Parks and Recreation, dated
February 27, 1997, which bears the signature of the Director of Finance
and is approved for submission by the Mayor, the Council does hereby
accept the bid of Wayne Oakland Development, Inc , P 0 Box 87642,
Canton, Michigan 48187, for completing all work required in connection
with the construction of the Ford Field Press Box and Storage Building
for the sum of $47,649 00, the same having been in fact the lowest bid
received which meets all specifications, and the bid of Robert Green
Building Co , Inc., is hereby rejected for the reasons indicated in the
aforementioned report and recommendation, FURTHER, the Council
does hereby authorize the expenditure of a sum not to exceed
$47,649 00 from funds already budgeted for this purpose in Ford Field
Trust Account No 702-000-285-121 ($11,983 00) and Capital Outlay
Account No 101-709-987-000 ($35,666 00), and the Superintendent of
Parks and Recreation is hereby authorized to approve minor adjustments
in the work as it becomes necessary; and the Mayor and City Clerk are
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hereby authorized to execute a contract for and on behalf of the City of
Livonia with the aforesaid bidder and to do all other things necessary or
incidental to the full performance of this resolution
#219-97 RESOLVED, that having considered a report and
recommendation from the Director of Public Works, dated March 5, 1997,
which bears the signature of the Director of Finance and is approved for
submission by the Mayor, the Council does hereby accept the bid of
Commercial Turf Equipment, 149 N Perry Street, Pontiac, Michigan
48342, for supplying the Public Service Division (Park Maintenance
Section) with one (1) deep tine aerifier in the amount of $17,900 00, the
same having been in fact the lowest and only bid received and meets
specifications
#220-97 RESOLVED, that having considered the report and
recommendation of the Director of Public Works, dated February 27,
1997, which bears the signature of the Director of Finance and is
approved for submission by the Mayor, the Council does hereby accept
the following low bid of Suburban Transport, Inc., 54630 Pontiac Trail,
Milford, Michigan 48381, which meets specifications, for supplying the
Public Service Division (Road Maintenance Section) with materials
specified at the unit prices bid per ton for the period April '1, 1997, through
March 31, 1998
M D 0 T - 21AA - Limestone $ 6 25 per ton
MDOT - 22A - DTY 510 per ton
MD OT - 22A - S OR. 510 per ton
W C R.C - 3A - DTY 9 67 per ton
MD OT - 25A - DTY (Slag) 1087 per ton
MDOT - 31A - DTY 895 per ton
W C R.C - 3X - DTY 7 93 per ton
W C R.C - 22X - DTY 5 08 per ton
W C R.0 - 30A - D T Y 733 per ton
MDOT - 9A - DTY 765 per ton
M D O T - 9A - S O R. 7 65 per ton
MDOT - 21A - DTY 604 per ton
MDOT - 21A - SOR. 604 per ton
M D 0 T - 25A - DTY (Stone) 9 22 per ton
W C R.0 - Porous Backfill - Grade A - D TY 3 46 per ton
W C R.0 - Porous Backfill - Grade B - DTY 5 30 per ton
W C R.0 - 2NS - Natural Sand - DTY 4 94 per ton
W C R.0 - 2MS - Mortar Sand - DTY 7 90 per ton
60-40 Washed - Conc. Aggregates - D T Y 7 94 per ton
Pea Gravel - DTY 8 34 per ton
#221-97 RESOLVED, that having considered the report and
recommendation of the Director of Public Works, dated March 4, 1997,
which bears the signature of the Director of Finance and is approved for
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submission by the Mayor, the Council does hereby accept the following
low bids which meet specifications for supplying the Public Service
L Division (Road Maintenance Section) with bituminous materials specified
at the unit prices bid for the period May 1, 1997, through April 30, 1998
1 Nagle Paving Company, 30630 West 12 Mile Road, Suite A,
Farmington Hills, Michigan 48334
12WM Asphaltic Concrete - $26 50 per ton
1100 Asphaltic Concrete - $22 50 per ton
2 Ajax Materials Corp , One Ajax Drive, P 0 Box 317, Madison
Heights, Michigan 48071
Cold Patch Asphaltic Material - Pave 192, delivered - $31 84
per ton
3 Barrett Paving Materials, Inc., 5800 Cherry Hill Road, Ypsilanti,
Michigan 48197
Cold Patch Material (Q P R. or U P M ), delivered - $51 49
per ton
L FURTHER, in the event the aforesaid low bidders are unable to furnish
the materials, the Council does hereby accept the following second lowest
bids, which also meet specifications, as alternates for supplying the
Public Service Division (Road Maintenance Section) with bituminous
materials specified at the unit prices bid for the period May 1, 1997,
through April 30, 1998
1 Barrett Paving Materials, Inc., 5800 Cherry Hill Road, Ypsilanti,
Michigan 48197
12WM Asphaltic Concrete - $23 50 per ton
Cold Patch Asphaltic Material - Pave 192, delivered - $33 24
per ton
2 Asphalt Products Corporation, 27575 Wixom Road, Novi, Michigan
48374
1100 Asphaltic Concrete - $20 50 per ton
Cold Patch Material (Q P R. or U P M ), delivered - $52 00
per ton
iii. #222-97 RESOLVED, that having considered a communication from
the Director of Public Works, dated February 27, 1997, which bears the
signature of the Director of Finance and is approved for submission by
the Mayor, the Council does hereby accept the bid of Wink Chevrolet Co ,
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10700 Ford Road, Dearborn, Michigan 48126, for supplying the Public
Service Division (Water and Sewer Maintenance Section) with one (1)
1997 cab and chassis with 10-12 yard dump body for a net price of
$67,995 00, based on a total price of $74,595 00 less trade-in of
$6,600 00, the same having been in fact the lowest bid received and
meets all specifications
#223-97 RESOLVED, that having considered a communication from
the Director of Public Works, dated February 26, 1997, which bears the
signature of the Director of Finance and is approved for submission by
the Mayor, the Council does hereby accept the low bid which meets
specifications of Plymouth Concrete, Inc., 600 Junction Street, Plymouth,
Michigan 48170, for supplying the Public Service Division (Road
Maintenance Section) with readymix concrete at the unit prices bid for the
period April 1, 1997, through March 31, 1998, for an estimated total
amount of$60,950 00; FURTHER, in the event the aforesaid low bidder
is unable to furnish the material, the Council does hereby accept the
second lowest bid which meets specifications of Fendt Transit Mix, Inc.,
43443 Flint Street, Novi, Michigan 48375, for supplying the Public Service
Division (Road Maintenance Section) with readymix concrete at the unit
prices bid for the period April 1, 1997, through March 31, 1998, for an
estimated total amount of $64,500 00
#224-97 RESOLVED, that having considered the report and
recommendation of the Director of Public Works, dated March 4, 1997,
which bears the signature of the Director of Finance and is approved for
submission by the Mayor, the Council does hereby accept the bid of
Spartan Distributors, Inc., 487 W Division Street, Sparta, Michigan
49345, for supplying the Public Service Division (Park Maintenance
Section) with two (2) 62" recycler mowers for a net price of $16,200 00,
based on a total price of $20,400 00 less trade-ins of$4,200 00, the
same having been in fact the lowest bid received which meets all
specifications, and the bids of Carefree Distributors and Wm. F Sell &
Son, Inc. are hereby rejected for the reasons indicated in the attachment.
#225-97 RESOLVED, that having considered the report and
recommendation of the Director of Public Works, dated February 24,
1997, which bears the signature of the Director of Finance and is
approved for submission by the Mayor, the Council does hereby accept
the bid of Wm F Sell & Son, Inc., 16555 S Telegraph Road, Taylor,
Michigan 48180, for supplying the Public Service Division (Park
Maintenance Section) with one (1) all purpose tractor for a net price of
$22,934 00, based on a total price of$25,209 00 less trade-in of
$2,275 00, the same having been in fact the lowest and only bid received
and meets specifications
#226-97 RESOLVED, that having considered the report and
recommendation of the Director of Public Works, dated February 24,
30093
1997, which bears the signature of the Director of Finance and is
approved for submission by the Mayor, and a communication from Allie
Brothers, dated February 12, 1997, wherein it is indicated that Allie
Brothers has offered to hold the prices bid in 1995 through July 30, 1998,
the Council does hereby accept such offer of Allie Brothers, 20295
Middlebelt, Livonia, Michigan 48152, for supplying the Department of
Public Works with foul weather garments at the same unit prices
previously accepted in Council Resolution 513-95 (unit prices bid June
29, 1995, and as extended by Council Resolution 486-96) for a total
estimated price of $26,642 94, FURTHER, the Council does hereby
authorize the said purchase 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
#227-97 RESOLVED, that having considered the report and
recommendation of the Director of Public Works, the Public Utility
Manager, and the Chairman of the Water and Sewer Board, dated March
6, 1997, which bears the signature of the Director of Finance and is
approved for submission by the Mayor, the Council does hereby approve
a one-year extension of the existing contract with ADS Environmental
Services, Inc., 5025 Bradford Boulevard, Huntsville, Alabama 35805,
commencing November 1, 1996, to maintain six sanitary sewer flow
meters at various locations throughout the City at a cost of $295 00 per
meter per month for a total annual cost of$21,240 00; FURTHER, the
Council does hereby authorize the action herein without competitive
bidding in accordance with Section 3 04 140D4 of the Livonia Code of
Ordinances, as amended
#228-97 RESOLVED, that having considered a communication from
the Director of Public Works (in his capacity as Street Administrator),
dated March 6, 1997, which bears the signature of the Director of
Finance, approved for submission by the Mayor, and submitted pursuant
to Section 13(6)a of Act 51, of the Public Acts of Michigan of 1951, as
amended with regard to the transfer of funds for the fiscal year 1996-97
from the Major Street System Account to the Local Street System
Account, the Council does hereby authorize the transfer of a sum up to,
but not to exceed, 25% of the amount designated for the Major Street
System to be used on the Local Street System, and the City Clerk and
Director of Finance are hereby authorized to do all things necessary or
incidental to fulfill the purpose of this resolution
#229-97 RESOLVED, that having considered a communication from
the Director of Public Works (in his capacity as Street Administrator),
dated March 6, 1997, which bears the signature of the Director of
Finance, approved for submission by the Mayor, and submitted pursuant
to Section 13(6)b of Act 51 of the Public Acts of Michigan of 1951, as
amended with regard to the transfer of funds for the fiscal year 1996-97
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from the Major Street System Account to the Local Street System
Account, the Council does hereby authorize the transfer of a sum up to,
but not to exceed, $600,000 from those funds designated for use on the
Major Street System to be used on the Local Street System, and the City
Clerk and Director of Finance are hereby authorized to do all things
necessary or incidental to fulfill the purpose of this resolution
#230-97 RESOLVED, that having considered the report and
recommendation of the Director of Public Works, dated March 5, 1997,
which bears the signature of the Director of Finance and is approved for
submission by the Mayor, the Council does hereby accept the unit price
bid of Scodeller Construction, Inc., P 0 Box 448, South Lyon, Michigan
48178, for completing all work required in connection with the 1997
Pavement Joint and Crack Sealing Program (Contract 97-G) for the
estimated total cost of $121,010 00, which is the total amount for Proposal
A (Hot Poured) and Proposal B (Over Band), based on the Engineering
Department's estimate of units involved, and subject to a final payment
based upon the actual units completed in accordance with the unit prices
accepted herein, said estimated cost and unit prices having been in fact
the lowest bid received for this item, FURTHER, the Council does hereby
authorize the expenditure of a sum not to exceed $115,311 00 from the
Michigan Transportation Fund for this purpose as follows $19,600 00 as
originally budgeted in Account No 202-463-818-117 (Major Roads) and
$95,711 00 as originally budgeted in Account No 203-463-818-117
(Local Roads), FURTHER, the Council does hereby authorize the
expenditure of a sum not to exceed $5,699 00 as originally budgeted in
Account No 101-463-974-000 (Noble and Sandburg Library Parking Lots)
for this purpose, and the Director of Public Works is hereby authorized to
approve minor adjustments in the work as it becomes necessary; and the
Mayor and City Clerk are hereby authorized for and on behalf of the City
of Livonia to execute a contract with the aforesaid bidder and to do all
other things necessary or incidental to the full performance of this
resolution
#231-97 RESOLVED, that Livonia Builders, Inc., 35189 Vargo,
Livonia, MI 48152, as proprietors, having requested the City Council to
approve the proposed preliminary plat of the following subdivision
Glenn's Farm Subdivision, to be located on the north side of Six Mile
Road between Merriman Road and Stamwich Boulevard in the Southeast
1/4 of Section 11, City of Livonia, Wayne County, Michigan, the said
proposed preliminary plat being dated October 30, 1996, and it further
appearing that tentative approval of such preliminary plat was given by
the City Planning Commission, after due notice and a public hearing on
October 15, 1996, and it further appearing that such preliminary plat,
together with development plans and specifications for improvements
therein have been examined and approved by the Engineering
Department as is set forth in the report of that department dated March 7,
30095
1997, therefore, the City Council does hereby approve of the said
preliminary plat on the following conditions
(1) All of the improvements, utilities and grading shall be constructed,
installed and accomplished in conformity with the provisions of the
ordinances of the City of Livonia, including the Subdivision Control
Ordinance, being Title 16, Chapters 16 04 through 16 24 of the
Livonia Code of Ordinances, as amended, the Subdivision
Regulations of the Planning Commission, the regulations and
specifications of the Engineering Department and the Development
Plans submitted by the proprietor and approved by such
department; all such improvements to be constructed, installed,
accomplished and completed within a period of two (2) years from
the effective date of this resolution, failing this, the approval
contained herein shall be considered null, void and of no effect
whatsoever;
(2) That all inspection fees and other charges due to the City of
Livonia shall be fully paid at the time and in the manner provided in
the said Subdivision Control Ordinance, as amended;
(3) That the installation of all such improvements shall be subject at all
times to the supervision and inspection and final approval of the
Engineering Department, and such improvements shall not be
considered as having been satisfactorily and completely installed
until there is filed with the City Council the certificate as provided in
Section 16 24 370 of the said Subdivision Control Ordinance, as
amended,
(4) That the proprietor enter into an agreement with the City of Livonia
agreeing to construct, within the prescribed period of time and in
the prescribed manner, all improvements required to the extent
required by the City of Livonia and as shown on the approved
development plans,
(5) That the final true record plat of the aforesaid subdivision shall be
submitted and must receive the final approval of the City Planning
Commission as evidence that such plat is in compliance with
existing Subdivision Regulations,
(6) That the final true plat of the aforesaid subdivision shall be
submitted and must receive the final approval of the City Council
within two (2) years from the effective date of this resolution, the
City Council shall approve final plats of the aforesaid proposed
subdivision if drawn in substantial conformity with the proposed
plat as approved herein, and provided there has been compliance
with all other requirements of State Statute, the Subdivision Control
Act, the Subdivision Control Ordinance and this resolution,
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(7) That, for the purpose of obtaining approval of final plats prior to the
completion of all required improvements the proprietor may file with
the City of Livonia a corporate surety bond, certified check, cash
bond, irrevocable letter of credit, or other financial assurance in
such form as may be approved by the Department of Law
guaranteeing the satisfactory installation of all such improvements,
utilities and grading by the proprietor within the prescribed period,
that in the event the proprietor elects to deposit such financial
assurances the same shall be in the following amounts
A. General Improvement Bond $105,380 00 of which at least
$ 10,000 00 shall be in cash
B Grading & Soil Erosion $ 600 00 cash
C Entrance Markers and $ 9,000 00 of which at least
Landscaping $ 3,000 00 shall be in cash
D Monuments & Lot Markers $ 500 00 (all cash)
and require cash payments in the total amount of$10,075 00 In addition,
distribution lines for telephone and electric services are to be placed
underground and ornamental street lights are to be provided throughout
the subdivision, FURTHER, the Council does hereby, pursuant to Section
16 24 340 of the Livonia Code of Ordinances, waive and modify the
improvement requirements set forth in Section 16 24 120 of the aforesaid
ordinance relative to sidewalks for the reason that such improvement
would cause undue hardship in this case, and for the further reason that
such requirement would not appear to be consistent with the overall
development of this area, and accordingly, would not be necessary or
otherwise in the best interests of the City
#232-97 RESOLVED, that having considered the report and
recommendation of the Director of Public Works, dated March 5, 1997,
which is approved by the Director of the Housing Commission and the
Superintendent of Parks and Recreation, which bears the signature of
the Director of Finance and is approved for submission by the Mayor, the
Council does hereby accept the unit price bid of Core Concrete
Construction, Inc., 31088 Grennada, Livonia, Michigan 48154, for
completing all work required in connection with the 1997 Sidewalk
Program (Contract 97-J) for the estimated total cost of$258,468 25
based upon the Engineering Department's estimate of units involved,
Iwo and subject to a final payment based upon the actual units completed in
accordance with the unit prices accepted herein, FURTHER, the Council
does hereby determine the aforesaid bid to be a better bid than the bid
submitted by T H B Building and Developing Co for the reasons
indicated in the aforesaid communication, and the action taken herein
30097
being made in accordance with Section 3 04 140E of the Livonia Code of
Ordinances, as amended, FURTHER, the Council does hereby
authorize the City Clerk's office to return the bid bond submitted by
Lacaria Concrete Construction in connection with the 1997 Sidewalk
Program for the reasons outlined in their letter dated March 4, 1997,
FURTHER, the Council does hereby authorize an advance in the amount
of $117,976 25 from the General Obligation Road Improvement Bond
Issue with the provision that this bond issue be reimbursed from that
portion of the project which is to be financed by special assessment at
such time as funds are subsequently received from the payment of bills
and assessments by affected property owners, FURTHER, the Council
does hereby appropriate and authorize an expenditure in the additional
amount of $91,450 00 from the Michigan Transportation Fund
($47,650 00 from the Local Road Account and $43,800 00 from the
Mayor Road Account) to pay for the City's portion of this contract;
FURTHER, the Council does further authorize from funds previously
budgeted the amount of $12,097 20 from Account No 101-720-987-000,
$11,737 30 from Account No 101-721-987-000 and $7,447 50 from
Account No 101-717-987-000 to pay for certain pavement repairs at
Botsford Pool, Clements Circle Pool and Rotary Park, respectively;
FURTHER, the Council does hereby authorize the expenditure in the
amount of $10,000 00 from Fund No 295 of the Housing Silver Village
Account and $6,360 00 from Fund No 296 of the Housing Newburgh
Village Account and $1,400 00 from Account No 101-463-974-000 for
the internal sidewalk at Noble Library as part of the 1997 Sidewalk
Program, and the Director of Public Works is hereby authorized to
approve minor adjustments in the work as it becomes necessary; and the
Mayor and City Clerk are hereby authorized to execute a contract for and
on behalf of the City of Livonia with the aforesaid bidder and to do all
other things necessary or incidental to the full performance of this
resolution
#233-97 RESOLVED, that having considered the report and
recommendation of the Assistant Planning Director, dated February 26,
1997, approved for submission by the Mayor, and to which is attached a
report containing a brief explanation of the 1997-98 Community
Development Block Grant (CDBG) Program, the Council does hereby take
this means to indicate its informal approval of the proposed program with
a revision of the Public Services Category for the proposed year 1997-
1998 as follows
Senior Van Transportation $57,000
Hegira Programs 22,000
First Step 13,000
Emergency Assist. Program 3,000
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and does further authorize the conducting of a public hearing on this
matter for public comment so that thereafter a final program and budget
will be prepared for submission to the City Council
#234-97 RESOLVED, that having considered a communication from
the City Planning Commission, dated March 6, 1997, which transmits its
resolution 3-39-97, adopted on March 4, 1997, with regard to Petition 97-
2-2-1, submitted by Residence Inn by Marriott, Inc., requesting waiver use
approval to utilize a Class C license (corrected to read Class B Hotel and
SDM license with Sunday Sales and Outdoor Service) in connection with
a proposed hotel to be located on the east side of Fox Drive between
Haggerty Road and the 1-275/96 Expressway north of Six Mile Road in the
Southwest 1/4 of Section 7, which property is zoned C-4, the Council
does hereby concur in the recommendation made by the City Planning
Commission (as corrected to refer to Class B Hotel and SDM license with
Sunday Sales and Outdoor Service) and Petition 97-2-2-1, as revised, is
hereby approved and granted.
#235-97 RESOLVED, that having considered a communication from
Councilmember Gerald D Taylor, dated March 10, 1997, regarding a
proposed amendment to Section 23 05 of the Livonia Zoning Ordinance
to shorten the length of time between receipt of a petition to a
recommendation being made to the City Council by the Planning
Commission from 90 days to 60 days, and in accordance with the
provisions set forth in Section 23 01(a) of the Livonia Zoning Ordinance,
the Council does hereby determine on its own motion to refer and request
that the City Planning Commission conduct a public hearing on the
question of whether such amendment should be made to the Livonia
Zoning Ordinance, and thereafter submit a report and recommendation to
Council
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 Brosnan, seconded by McGee, and unanimously adopted,
it was
#236-97 RESOLVED, that the Council does hereby request a report
and recommendation from the Inspection Department within 30 days of
the date of this meeting updating the March 25, 1997, memorandum from
same on the subject of the concerns of residents of Sheffield Estates
regarding the Pines of Winfield Subdivision and Mr Del Sisler's letter
dated January 14, 1997
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A communication from the Inspection Department, dated February 28,
1997, re administrative response to CR 80-97 - concerns of residents of Sheffield
Estates regarding the Pines of Winfield Subdivision (Mr Del Sisler's letter dated
January 30, 1997) -was received and placed on file for the information of the Council
A communication from the Inspection Department, dated March 25, 1997,
re additional information on the concerns of residents of Sheffield Estates regarding
the Pines of Winfield Subdivision (Mr Del Sisler's letter dated January 14, 1997), was
received and placed on file for the information of the Council (CR 80-97)
No action was taken re Petition 94-12-2-35 by Jack M. Freij to utilize an
SDD license for an existing store located within the Merri-Five Shopping Center on the
north side of Five Mile Road between Merriman Road and Bainbridge Avenue in the
Southwest 1/4 of Section 14, which property is zoned C-2 (CR 146-95) (Agenda Item
#24a)
On a motion by Feenstra, seconded by Taylor, and unanimously adopted,
it was.
#237-97 RESOLVED, that having considered the report and
recommendation of the Committee of the Whole, dated March 10, 1997,
submitted pursuant to Council Resolution 66-96, and a letter dated
February 18, 1997, from Alexandra Sakellaris, Bobby's Country House,
Inc., 35780 West Five Mile, Livonia, Michigan 48154, with regard to plans
for re-establishing a restaurant at this location at the Idyl Wyld Golf
Course Clubhouse, the Council does hereby determine to take no further
action on this matter
A communication from the Inspection Department, dated March 20, 1997,
re current maintenance issues regarding Bobby's Country House, located at 35780
Five Mile Road, was received and placed on file for the information of the Council
30100
A communication from the Department of Finance, dated March 20, 1997,
re update of rental report on Bobby's Country House for the period of December 1,
1986 to February 28, 1997, 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
#238-97 RESOLVED, that having considered the report and
recommendation of the Committee of the Whole, dated March 10, 1997,
submitted pursuant to Council Resolution 90-97, and a communication
from the Director of Finance, dated January 13, 1997, approved for
submission by the Mayor, to which is attached a proposed agreement
between the City of Livonia and Karoub Associates, 200 North Capitol
Avenue, Suite 500, Lansing, Michigan 48933, to act as the City's
legislative consultant for the period January 1, 1997, through December
31, 1997, for an annual fee of$24,000 00, including all expenses, this
Council does hereby approve the agreement, as revised, which includes
enhanced duties as outlined in a letter from Karoub Associates, dated
March 19, 1997, and the Mayor and City Clerk are hereby authorized, for
and on behalf of the City of Livonia, to affix their signatures to the said
agreement, subject to approval as to form by the Department of Law
On a motion by Brosnan, seconded by Feenstra, and unanimously
adopted, it was.
#239-97 RESOLVED, that having considered the report and
recommendation of the Committee of the Whole, dated March 10, 1997,
submitted pursuant to Council Resolution 90-97, the Council does hereby
refer the subject of the development of a list of priorities to be carried out
by the legislative consultant, Karoub Associates, to the Legislative
Committee for its report and recommendation
On a motion by Feenstra, seconded by Taylor, and unanimously adopted,
it was.
#240-97 RESOLVED, that having considered the report and
recommendation of the Committee of the Whole, dated March 10, 1997,
submitted pursuant to Council Resolution 90-97, and a communication
from the Director of Finance, dated January 13, 1997, approved for
submission by the Mayor, to which is attached a proposed agreement
between the City of Livonia and Karoub Associates, 200 North Capitol
30101
Avenue, Suite 500, Lansing, Michigan 48933, to act as the City's
legislative consultant for the period January 1, 1997, through December
31, 1997, for an annual fee of $24,000 00, including all expenses, the
Council does hereby refer the subject of the preparation of a revised
agreement to expand the list of duties of the legislative consultant set
forth in the agreement to encompass other legislative matters including
but not limited to property tax issues, cellular towers, micro-breweries,
revenue sharing, video gaming, etc., to the Department of Law, the same
to thereafter be submitted to Council for further consideration.
On a motion by Vandersloot, seconded by Taylor, and unanimously
adopted, it was:
#241-97 RESOLVED, that having considered the report and
recommendation of the Capital Improvement Committee, dated March 11,
1997, submitted pursuant to Council Resolution 25-97, and a
communication from Councilmember Val Vandersloot, dated December
16, 1996, with respect to the subject of a review of the City's current and
future plans for soccer programs, fields, fees, etc., the Council does
hereby refer the subject of the possibility of entering into discussions with
the Livonia Public Schools about the use of school lands for soccer
programs in Livonia to the Mayor for a report and recommendation.
On a motion by Vandersloot, seconded by Brosnan, and unanimously
adopted, it was.
#242-97 RESOLVED, that having considered the report and
recommendation of the Capital Improvement Committee, dated March 11,
1997, submitted pursuant to Council Resolution 25-97, and a
communication from Councilmember Val Vandersloot, dated December
16, 1996, with respect to the subject of a review of the City's current and
future plans for soccer programs, fields, fees, etc., the Council does
hereby refer the subject of the use of Livonia school property for soccer
programs in Livonia to the City Council/Schools Liaison Committee for its
report and recommendation
On a motion by Vandersloot, seconded by Brosnan, and unanimously
adopted, it was
#243-97 RESOLVED, that having considered the report and
recommendation of the Capital Improvement Committee, dated March 11,
1997, submitted pursuant to Council Resolution 91-96, concerning the
subject of the proposed renovation of the Alexander Blue House, and
Council Resolution 401-96 regarding the marketing potential of the
Alexander Blue House, the Council does hereby request that the Director
30102
of Finance submit a report to Council detailing the breakdown of City
funds spent for park maintenance at different City parks and facilities,
FURTHER, the Council does hereby determine that the subject of the
Alexander Blue House renovation shall remain in committee for further
consideration.
On a motion by Vandersloot, seconded by Brosnan, and unanimously
adopted, it was.
#244-97 RESOLVED, that having considered the report and
recommendation of the Capital Improvement Committee, dated March 11,
1997, submitted pursuant to Council Resolution 1143-96, with respect to
the subject of Greenmead, the Council does hereby request that the
Director of Finance submit a report to the Council recommending a
possible source of funds up to $5,000 00 for a feasibility study of future
uses for Greenmead; FURTHER, the Council does hereby direct that this
subject matter shall remain in committee for further consideration.
Taylor gave first reading to the following Ordinance
AN ORDINANCE ADDING ARTICLE 3 TO CHAPTER 24
(DEPARTMENT OF PUBLIC WORKS), 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
Taylor invoked the Emergency Clause and gave second reading to the
foregoing Ordinance and a roll call vote was taken thereon 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
Feenstra took from the table, for second reading and adoption, the
following Ordinance
AN ORDINANCE AMENDING SUBSECTION (j) OF
SECTION 18 50D OF ARTICLE XVIII OF ORDINANCE
30103
NO 543, AS AMENDED, KNOWN AND CITED AS "THE
CITY OF LIVONIA ZONING ORDINANCE" (Petition 96-2-6-1)
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 ADDING SECTION 18.61 TO ARTICLE XVIII
OF ORDINANCE NO 543, AS AMENDED, KNOWN AND CITED
AS "THE CITY OF LIVONIA ZONING ORDINANCE"
(Petition 96-10-6-5)
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
On a motion by Feenstra, seconded by Taylor, and unanimously adopted,
it was
#245-97 RESOLVED, that having considered a letter dated March 5,
1997, from James C McCann, Attorney at Law, representing Michael
Hamilton, President of Mesquite, Inc., and a subsequent communication
from James C McCann, dated March 17, 1997, requesting approval of an
application for a new full-year, on-premise Michigan Liquor Control
Commission Class C liquor license (with licensees to be Michael I
Hamilton and Robert J Bernardi) for a restaurant to be located at 13800
Middlebelt Road, Livonia, Michigan, Wayne County, the Council does
hereby take this means to advise the Michigan Liquor Control
Commission that the City approves the said request "Above All Others,"
30104
and the City Clerk is hereby requested to wait until further notification that
the existing restaurant has been purchased by Mesquite, Inc. prior to
forwarding a certified copy of this resolution to the Michigan Liquor
Control Commission
James McCann, attorney for Mesquite, Inc., stated that the license itself would
be in the name of Mesquite, Inc. (the corporation), and that there would be no
forthcoming request for an entertainment license
On a motion by Feenstra, seconded by Taylor, and unanimously adopted,
it was
#246-97 RESOLVED, that having considered a communication from
Tom Wozniak, Executive Board of the Old Rosedale Gardens
Homeowners Association, P 0 Box 51186, Livonia, Michigan 48151,
dated February 10, 1997, to which is attached a petition from residents of
Old Rosedale Gardens requesting re-paving of the residential streets in
this area, the Council does hereby refer the subject of a possible
improvement alternate consisting of a "reconstruction" alternate, the date
that the streets in Old Rosedale Gardens were last paved and the life
expectancy of each alternate improvement to the Department of Public
Works for its report and recommendation
From the audience, Tom Wozniak, 11407 Cranston, spoke to the history of the
paving in Old Rosedale Gardens and the fact that notice of this meeting was published
in the Old Rosedale newsletter
Additionally, Alan Wakenhut, 11300 Cranston, inquired as to how this subject
matter came before the Council He also requested more official notification of actions
proposed and/or taken other than their subdivision newsletter
On a motion by Feenstra, seconded by Duggan, and unanimously
adopted, it was
#247-97 RESOLVED, that having considered the report and
recommendation of the Director of Public Works, the Public Utility
Manager and the City Librarian, dated March 7, 1997, which bears the
signature of the Director of Finance and is approved for submission by
the Mayor, the Council does hereby accept the bid of Temperature
Services, Inc., 14815 Dale, Detroit, Michigan 48223, for completing all
work in connection with the installation of a Dunham-Bush chiller at the
Civic Center Library, including upgrading of the existing electrical service
to the chiller location and piping additions, in the amount of$53,425 00,
plus $8,302.50 for the additional aforementioned items, for a total amount
of$61,727 50; FURTHER, the Council does hereby appropriate and
authorize the expenditure of a sum not to exceed $61,727 50 from the
30105
Capital Project Fund No 401 Unexpended Fund Balance for this purpose,
and the Director of Public Works is hereby authorized to approve minor
adjustments in the work as it becomes necessary; and the Mayor and
City Clerk are hereby authorized to execute a contract for and on behalf
of the City of Livonia with the aforesaid bidder and to do all other things
necessary or incidental to the full performance of this resolution
A communication from the Department of Public Works, Public Service
Division, dated March 25, 1997, re funding for the Civic Center Library Chiller Project
was received and placed on file for the information of the Council
On a motion by Taylor, seconded by Duggan, and unanimously adopted,
it was.
#248-97 RESOLVED, that having considered the report and
recommendation of the Director of Public Works, the Public Utility
Manager, and the Chairman of the Water and Sewer Board, dated
February 25, 1997, which bears the signature of the Director of Finance
and is approved for submission by the Mayor, with respect to the
proposed sewer extension on Sunset Avenue, south of Pickford Street,
the Council does hereby refer this matter to the Water, Sewer and Waste
Committee for its report and recommendation
On a motion by Feenstra, seconded by McGee, and unanimously
adopted, it was
#249-97 RESOLVED, that having considered the report and
recommendation of the Director of Public Works, the Public Utility
Manager, and the Chairman of the Water and Sewer Board, dated
February 25, 1997, which bears the signature of the Director of Finance
and is approved for submission by the Mayor, with respect to the
proposed sewer extension on Sunset Avenue, south of Pickford Street,
the Council does hereby refer the subject of the cost of installation and/or
maintenance of lift stations and injector pumps in this area to the
Department of Public Works for its report and recommendation.
On a motion by Feenstra, seconded by Taylor, and unanimously adopted,
it was
L..
#250-97 RESOLVED, that having considered the report and
recommendation of the Director of Public Works, dated March 10, 1997,
which bears the signature of the City Attorney and the Director of Finance
and is approved for submission by the Mayor, to which is attached a
30106
proposed Inter-Agency Agreement between the County of Wayne and the
City of Livonia for two pilot stormwater projects, the Council does hereby
approve such agreement and does hereby authorize the Mayor and City
Clerk to execute the Inter-Agency Agreement for and on behalf of the City
of Livonia and to do all other things necessary or incidental to the full
performance of this resolution
On a motion by Duggan, seconded by Taylor, and unanimously adopted,
it was
#251-97 RESOLVED, that having considered the report and
recommendation of the Director of Finance, dated February 27, 1997,
approved for submission by the Mayor, submitted pursuant to Council
Resolution 1097-96, and which submits competitive bids received in
connection with the sale of City-owned property located at 27423 Long,
Lot 41, Argonne Subdivision, more particularly described as.
Lot 41, "The Argonne Subdivision", as recorded in
Liber 40, Page 5, Wayne County Records, said
subdivision being a part of the N E. 1/4 of Section 1,
T 1 S , R. 9 E , Livonia Twp (now City of Livonia),
Wayne County, Michigan.
the Council does hereby accept the bid and authorize the sale of the
aforesaid City-owned property to Winkler Builders, Inc., 27520 Five Mile
Road, Livonia, Michigan 48150, for a total purchase price of $10,551 00,
which sale is conditioned upon the purchaser providing such title work as
may be required for this transaction, the action herein being taken in
order to best serve the interests of the community; and the Mayor and
City Clerk are hereby authorized, for and on behalf of the City of Livonia,
to execute a quit claim deed and such other documents as may be
necessary or incidental to fulfill the purpose of this resolution, and the
Department of Law is hereby requested to prepare and place in proper
form such legal documents as may be necessary to consummate this
transaction.
On a motion by Feenstra, seconded by Taylor, and unanimously adopted,
it was.
#252-97 RESOLVED, that having considered the report and
recommendation of the Director of Finance, dated March 10, 1997,
approved for submission by the Mayor, with respect to the proposed sale
of City-owned property located at 34601 Plymouth Road (formerly known
as Livonia Auto Parts), and to which is attached resolution 97-16 adopted
on March 6, 1997, by the Plymouth Road Development Authority, wherein
it is recommended that this property be re-offered for sale with no
30107
minimum bid, the Council does hereby resolve that in accordance with
Council Resolution 300-88, the City-owned property located at 34601
Plymouth Road be posted with a "For Sale" sign for 60 days prior to
taking bids, with no minimum bid, and that the Director of Finance prepare
specifications and obtain competitive bids accompanied by a deposit in
the form of a money order or certified check which is equal to five percent
of the bid price or $500 00, whichever is greater, and in the event of a
default, the deposit is subject to forfeiture or liquidated damages, and all
competitive bids shall thereafter be submitted to the Council for
consideration, FURTHER, in the event no satisfactory bid is received by
the City, that the building be demolished and an environmental cleanup
be conducted at the City's expense as soon as possible
On a motion by Taylor, seconded by Duggan, and unanimously adopted,
it was
#253-97 RESOLVED, that having considered a communication from
the City Planning Commission, dated March 10, 1997, which transmits its
resolution 3-45-97, adopted on March 4, 1997, with regard to a Sign
Permit Application submitted by Metro Detroit Signs, on behalf of Red
Lobster Restaurant, requesting approval for a ground sign for the
restaurant located at 29980 Plymouth Road in the Southeast 1/4 of
Section 26, the Council does hereby concur in the recommendation of the
Planning Commission and approve the said sign permit application,
subject to the following conditions
1 That the Sign Package submitted by Metro Detroit Signs, as
received by the Planning Commission on February 19, 1997, is
hereby approved and shall be adhered to, and
2 That the signage shall not be illuminated beyond one hour after the
restaurant closes.
James Atkins, Metro Detroit Signs, stated his client wanted the new sign to
reflect the restaurant's new image
On a motion by Feenstra, seconded by Brosnan, and unanimously
adopted, it was
#254-97 RESOLVED, that in accordance with the provisions set forth
in Section 23 01(a) of the Livonia Zoning Ordinance, the Council does
hereby determine on its own motion to refer and request that the City
Planning Commission conduct a public hearing on the question of
whether an amendment should be made to the Livonia Zoning Ordinance
to require the filing of an approved color rendering for signs, where said
30108
signs require City Council and City Planning Commission review, and to
thereafter submit a report and recommendation to Council
On a motion by Taylor, seconded by Feenstra, and unanimously adopted,
it was
#255-97 RESOLVED, that in connection with Petition 97-2-2-3
submitted by Marvin Walkon requesting waiver use approval to construct
a full service restaurant (Champps Americana) to be located on the east
side of Haggerty Road between Seven and Eight Mile Roads in the
Southwest 1/4 of Section 6, the Council does hereby repeal and rescind
Council Resolution 757-96
On a motion by McGee, seconded by Brosnan, and unanimously adopted,
it was.
#256-97 RESOLVED, that having considered a communication from
the City Planning Commission, dated March 6, 1997, which transmits its
resolution 3-40-97, adopted on March 4, 1997, with regard to Petition 97-
2-2-3, submitted by Marvin Walkon requesting waiver use approval to
construct a full service restaurant to be located on the east side of
Haggerty Road between Seven and Eight Mile Roads in the Southwest
1/4 of Section 6, which property is zoned C-2, the Council does hereby
refer this item to the Committee of the Whole for its report and
recommendation
On a motion by Taylor, seconded by Vandersloot, and unanimously
adopted, it was
#257-97 RESOLVED, that in connection with Petition 97-2-2-2
submitted by Marvin Walkon requesting waiver use approval to utilize a
Class C liquor license in connection with a proposed full service
restaurant (Champps Americana) to be located on the east side of
Haggerty Road between Seven and Eight Mile Roads in the Southwest
1/4 of Section 6, the Council does hereby repeal and rescind Council
Resolution 758-96
On a motion by Taylor, seconded by McGee, and unanimously adopted, it
was
#258-97 RESOLVED, that having considered a communication from
the City Planning Commission, dated March 6, 1997, which transmits its
resolution 3-41-97, adopted on March 4, 1997, with regard to Petition 97-
2-2-2, submitted by Marvin Walkon requesting waiver use approval to
30109
utilize a Class C license for a proposed full service restaurant to be
located on the east side of Haggerty Road between Seven and Eight Mile
Roads in the Southwest 1/4 of Section 6, which property is zoned C-2, the
Council does hereby concur in the recommendation made by the City
Planning Commission and Petition 97-2-2-2 is hereby approved and
granted, FURTHER, the Council does hereby waive the 1,000 foot
separation requirement as set forth in Section 11 03(h) of Zoning
Ordinance 543
On a motion by Brosnan, seconded by McGee, and unanimously adopted,
it was
#259-97 RESOLVED, that having considered a communication from
Council Vice President Maureen Miller Brosnan, dated March 10, 1997,
with respect to the subject of video gaming in Livonia, the Council does
hereby discharge the Committee of the Whole from further consideration
of this subject (Council Resolution 640-96) and the Capital Improvement
Committee from further consideration of this subject (Council Resolution
315-94), and does hereby refer this matter and the subject of a possible
non-binding ballot referendum on the subject of video gaming to the
Legislative Committee for its report and recommendation
On a motion by Brosnan, seconded by McGee, it was
#260-97 RESOLVED, that having considered a communication from
Council Vice President Maureen Miller Brosnan, dated March 10, 1997,
with respect to the subject of video gaming in Livonia, the Council does
hereby take this means to indicate its strong opposition to House Bill Nos
4409, 4410 and 4411, and Senate Bill Nos 285, 286 and 287, which
would allow electronic gaming terminals at Michigan racetracks and all
state-licensed liquor license establishments since the proposed
legislation to expand gambling,
1 Could easily lead to legalization of other types of gambling,
including casino gambling,
2 Provides no mechanism for increased revenues to local units of
government,
3 Infringes upon principles of self-determination reserved to cities
under the Home Rule Cities Act,
4 Imposes an increased burden on limited police resources, and
5 Presents the potential for increased societal problems for
communities such as the City of Livonia,
30110
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City
of Livonia hereby urges our elected representatives to oppose the above-
mentioned legislation as proposed, BE IT FURTHER RESOLVED, that
copies of this resolution be sent to Governor Engler, State Senator R.
Robert Geake, State Representative Lyn Bankes, and State
Representative Gerald Law
A roll call vote was taken on the foregoing resolution with the following result.
AYES McGee, Taylor, Duggan, Brosnan, and Vandersloot.
NAYS Feenstra and Laura
The President declared the resolution adopted
Bill McLaughlin, Vice President and General Manager of Ladbroke Racing
Michigan, Inc., addressed the foregoing issue and asked the Council to specifically
state that this action is not intended to apply to DRC
Betty Abraham, 19017 Brentwood, a long-time (31-year) employee of Ladbroke
DRC, spoke in favor of the proposed resolution
Mary Kay Fredericks, a Ferndale resident, another long-time (27-year)
employee, and representing Local 79, also spoke in favor of the proposed resolution
On a motion by Taylor, seconded by Duggan, and unanimously adopted,
it was
#261-97 RESOLVED, that having considered a communication from
the City Treasurer, dated March 21, 1997, regarding the replacement of
sidewalks in the City of Livonia on the following parcels in the following
amounts
Parcels of property and assessment, as outlined in the Treasurer's
letter dated March 21, 1997, is included herein by reference,
which work was done pursuant to Council Resolution 350-95 and in
accordance with the provisions of Section 12 04 340 of the Livonia Code
of Ordinances, Title 12, Chapter 4, and the City Treasurer having
thereafter sent a statement of charges by first class mail to the owners of
property to be assessed wherein notice of the meeting by the City Council
on this date was given and at least 30 days having expired since the
giving of such notice with such charges remaining unpaid, the Council
does hereby, pursuant to the provisions of Section 3 08 150 of the Livonia
Code of Ordinances, Title 3, Chapter 8, adopt this resolution wherein a
special assessment is placed upon such property for said charges,
FURTHER, the Council does hereby authorize installment payments in
30111
the number of three (3) installments at 6% interest where assessments
exceed $400 and the property owner has requested such installments,
FURTHER, the Council does hereby request that the City Treasurer shall
give notice of the amounts herein determined to the persons chargeable
therewith, such notice to be sent by first class mail to the last known
address of such persons as shown on the most current assessment roll of
the City, and where payments herein authorized are not made within the
specified time this fact shall be reported by the City Treasurer to the City
Assessor who shall charge such amount together with a penalty of 10% of
such amounts against the persons or real property chargeable therewith
on the next general tax roll, and the City Clerk and City Treasurer are
hereby requested to do all things necessary or incidental to the full
performance of this resolution
On a motion by McGee, seconded by Duggan, and unanimously adopted,
it was
#262-97 RESOLVED, that having considered a communication from
Michael V Polsinelli, Managing Agent for Wonderland Shopping Center
Venture Limited Partnership, dated March 12, 1997, with regard to
proposed plans for Wonderland Mall, the Council does hereby refer this
matter to the Committee of the Whole for a joint meeting with the Zoning
Board of Appeals and the City Planning Commission for further
discussion
On a motion by Feenstra, seconded by Brosnan, and unanimously
adopted, it was
#263-97 RESOLVED, that having considered a communication from
the Superintendent of Parks and Recreation, dated February 28, 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 popcorn machine and cart, approximate
value of$2,000 00, from the Livonia Anniversary Committee for use in
connection with the Department of Parks and Recreation programs
On a motion by Brosnan, seconded by Duggan, and unanimously
adopted, it was
#264-97 RESOLVED, that the Council does hereby suspend their
rules for procedure as outlined in Council Resolution 574-82 so as to
permit consideration of items that do not appear on the agenda
30112
On a motion by McGee, seconded by Taylor, and unanimously adopted, it
L was
#265-97 WHEREAS, the 1996 Federal Telecommunications Act gave
the Federal Communications Commission ("FCC") plenary jurisdiction
over area codes in the United States, and
WHEREAS, the FCC can grant to State Commissions the power to
resolve matters relating to the establishment of new area code
boundaries, and
WHEREAS, the FCC rules prohibit numbering plans which unduly
disfavor any particular group of consumers, and
WHEREAS, Ameritech proposes to make Livonia the only city in the
State of Michigan to have three (3) area codes, and
WHEREAS, the division of the City into three area codes will cause
disruption and attendant losses for both residents and businesses, and
WHEREAS, the proposed partitioning of Livonia violates at least three of
the principles pursuant to which Ameritech's plan was supposedly
developed, to wit:
a) it disregards the goal of"recognizable boundaries" for area codes
by drawing boundaries which follow residential side streets and jog
arbitrarily across country, rather than following familiar political
boundaries,
b) it partitions Livonia, a city of 100,000, into three area codes,
despite keeping "intact" the region's largest city, Detroit, within a
single area code, and
c) although the plan is supposed to give Oakland County its own area
code to meet the rapidly rising demand for telephone numbers in
that county, it places some 8,000 Livonia households in what is
supposed to be Oakland County's area code, and
WHEREAS, the Ameritech proposal, developed without any input from
the City of Livonia, will unduly disfavor telecommunications consumers in
the City of Livonia,
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City
of Livonia fully supports the filing of a Complaint with the Michigan Public
Service Commission to enjoin the implementation of Ameritech's planned
how partitioning of Livonia, and
30113
BE IT FURTHER RESOLVED, that the Michigan Public Service
Commission is hereby urged to take jurisdiction of this matter, and enjoin
Ameritech's planned partitioning of Livonia as unduly disfavoring
telecommunications consumers in Livonia, and
BE IT FURTHER RESOLVED, that copies of this resolution be sent to
Governor Engler, State Senator R. Robert Geake, State Representative
Lyn Bankes and State Representative Gerald Law
From the audience, Ralph Williams, 18630 Foch, inquired as to what was
happening regarding the three (3) area codes proposed for Livonia
Council President Laura asked that the political sign ordinance be forwarded to
Jay Young at the School Board regarding the upcoming election, to which City Clerk
McCotter responded had already been done
On a motion by Duggan, seconded by Taylor, and unanimously adopted,
this 1,341st Regular Meeting of the Council of the City of Livonia was adjourned at
1012 p m , March 26, 1997
, 729,
J•- McCotter, City Clerk