HomeMy WebLinkAboutCOUNCIL MINUTES 1996-11-25 29888
MINUTES OF THE ONE THOUSAND THREE HUNDRED AND THIRTY-THIRD
REGULAR MEETING OF THE COUNCIL OF THE CITY OF LIVONIA
On November 25, 1996, 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 05 p m Councilmember Brosnan delivered the invocation
Roll was called with the following result: Maureen Miller Brosnan,
Michael P McGee, Gerald Taylor, Brian Duggan*, and Joe Laura. Absent: Val
Vandersloot and Fernon P Feenstra (*Arrived late )
Elected and appointed officials present: Jack E Kirksey, Mayor; John
Nagy, City Planner; Raul Galindo, City Engineer; Sean P Kavanagh, City Attorney;
Joan McCotter, City Clerk; Karen A. Szymula, Director of Legislative Affairs, James
Inglis, Director of Housing, Michael T Slater, Finance Director; Linda McCann, Director
of Community Resources, Michael Deller, City Librarian, and Edith Davis, Personnel
Director
On a motion by Taylor, seconded by McGee, it was
#1095-96 RESOLVED, that the Council does hereby amend and
revise Council Resolution 1085-96 so as to have the same read as
follows
RESOLVED, that having considered a communication
from the City Assessor, dated October 17, 1996, approved for
submission by the Mayor, with regard to a request from Mr James
Duggan, 16745 Inkster Road, Livonia, Michigan 48154, and in
accordance with the provisions of 1967 PA 288, as amended, as
well as Section 18 46 of Ordinance 543, as amended, the Council
does hereby approve of the proposed division and combination of
Tax Item Nos 46 049 01 0158 000 and 46 049 01 0159 000 into
two parcels, one of which will be 65' in width and the other parcel
to be 115' in width, the legal descriptions of which shall read as
follows
(CORRECTED PAGE)
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PARCEL A.
The north 65 feet of Lot 158, Park Woods Subdivision,
T1S, R9E, L67 P13, WCR.
PARCEL B.
The south 25 feet of Lot 158, also Lot 159, Park Woods
Subdivision, T1S, R9E, L67 P13, WCR.
as shown on the map attached to the aforesaid communication
which is made a part hereof by reference, and the City Clerk is
hereby requested to cause a certified copy of this resolution to be
recorded in the Office of the Wayne County Register of Deeds,
provided, however, that to the extent required by law and City
ordinance, the action herein is made subject to the approval of the
Zoning Board of Appeals
A roll call vote was taken on the foregoing resolution with the following result:
AYES Brosnan, McGee, Taylor, and Laura.
NAYS None
The President declared the resolution adopted
President Laura acknowledged the attendance of Wolverine Den (Pack#851) of
the Webelos Scouts in the audience, with their den leader Mel Pastula.
On a motion by Taylor, seconded by Brosnan, it was
#1096-96 RESOLVED, that the minutes of the 1,332nd Regular
Meeting of the Council of the City of Livonia, held November 13, 1996,
are hereby approved as submitted.
*Councilmember Duggan entered the meeting at 8-07 p m
A roll call vote was taken on the foregoing resolution with the following result:
AYES Brosnan, McGee, Taylor, Duggan, and Laura.
NAYS None
The President declared the resolution adopted
State Representative Lyn Bankes congratulated and presented a tribute to
Council President Joe Laura regarding his Change of Command to Colonel Joseph
Laura, the tribute having been signed by State Representatives Lyn Bankes and Jerry
Law, as well as Senator Robert Geake and Governor John Engler
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Councilmember Taylor recognized Mayor Jack E Kirksey's birthday, which was
on November 21, 1996 He also corrected a prior announcement to reflect that
November 10, 1996, was the 221st birthday of the U S Marines, not the 210th
No one from the audience wished to speak at this time
At the direction of the Chair, Item #14 was removed from the Consent
portion of the agenda
On a motion by McGee, seconded by Brosnan, it was
#1097-96 RESOLVED, that having considered the report and
recommendation of the Director of Finance, dated October 29, 1996,
approved for submission by the Mayor, with respect to the bid process for
the sale of City-owned property located at 27423 Long, Lot 41, Argonne
Subdivision, the Council does hereby request that the bid process be
repeated and that the said property be posted with a "For Sale" sign for
30 days prior to taking bids, and that the Director of Finance prepare
specifications and obtain competitive bids with no minimum bid price,
which specifications shall contain the following specific requirement and
restriction.
The development of the lot in question will require a variance
granted by the Livonia Zoning Board of Appeals due to the small
size of the lot. There is no guarantee that such a variance will be
given
which bids shall be accompanied by a deposit in the form of a money
order or certified check which is equal to five (5%) 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
#1098-96 RESOLVED, that having considered a letter from John
Pastor, 31140 Lyndon, Livonia, Michigan, dated September 26, 1996,
wherein a request is made to purchase certain City-owned property
located west of 31140 Lyndon, the Council does hereby refer this matter
to the Department of Law for its report and recommendation.
#1099-96 RESOLVED, that having considered a communication from
the City Assessor, dated October 25, 1996, approved for submission by
the Mayor, with regard to a request from Romane Cogo, 31624 Bennett,
Livonia, Michigan 48152, and in accordance with the provisions of 1967
PA 288, as amended, as well as Section 18 46 of Ordinance 543, as
amended, the Council does hereby approve of the proposed division of
Tax Item No 46-007-99-0010-000 into two parcels, the legal descriptions
of which shall read as follows
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PARCEL A.
The East 206 25 feet of the North 88 feet of the South 2112 feet of
the West 442 50 feet of the Southwest 1/4 of Section 2, T 1 S , R.
9 E , City of Livonia, Wayne County, Michigan, except the East 30
feet thereof deeded for highway purposes Subject to easements
of record
PARCEL B.
The West 236.25 feet of the North 88 feet of the South 2112 feet of
the West 442 50 feet of the Southwest 1/4 of Section 2, T 1 S , R.
9 E., City of Livonia, Wayne County, Michigan, except the West 60
feet thereof deeded for highway purposes Subject to easements
of record.
as shown on the map attached to the aforesaid communication which is
made a part hereof by reference, and the City Clerk is hereby requested
to cause a certified copy of this resolution to be recorded in the Office of
the Wayne County Register of Deeds, provided, however, that to the
extent required by law and City ordinance, the action herein is made
subject to the approval of the Zoning Board of Appeals
#1100-96 RESOLVED, that having considered a communication from
the City Assessor, dated October 25, 1996, approved for submission by
the Mayor, with regard to a request from Claudia Boos of Huycab, Ltd.,
36528 Grand River, Suite A-1, Farmington Hills, Michigan 48335-3015,
and in accordance with the provisions of 1967 PA 288, as amended, as
well as Section 18 46 of Ordinance 543, as amended, the Council does
hereby approve of the proposed division of Tax Item No 46-115-02-0001-
001 into two parcels, the legal descriptions of which shall read as follows
PARCEL A.
Lots 1-5 inclusive and part of Lot 6 of Woodlands Village, a
subdivision of part of the West 1/2 of the Southwest 1/4 of Section
29, T 1 S , R. 9 E., City of Livonia, Wayne County, Michigan,
according to the plat thereof as recorded in Liber 69 of Plats, Page
3, Wayne County Records, also being described as beginning at
the Northwest corner of said Lot 1, thence S 89°57'30" E , along
the southerly right-of-way line of Amrhein Road (76 00 feet wide)
150 00 feet, thence S 00°00'30" E , 388 59 feet; thence S
89°57'53" W , 26 06 feet; thence N 00°43'39" E., 18 90 feet;
thence S 89°47'26" W , 45 38 feet; thence S 00°21'04" W , 19 92
feet; thence N 89°49'33" W 78 67 feet to a point on the easterly
right-of-way line of Newburgh Road (120 00 feet wide), thence N
00°00'30" W , along said right-of-way line of Newburgh Road,
389 66 feet to the point of beginning Site containing 57,529
square feet, or 1 32 acres
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PARCEL B.
Part of Lot 6 and all of Lots 7-10 inclusive of Woodlands Village, a
subdivision of part of the West 1/2 of the Southwest 1/4 of Section
29, T 1 S , R. 9 E , City of Livonia, Wayne County, Michigan,
according to the plat thereof as recorded in Liber 69 of Plats, Page
3, Wayne County Records, also being described as beginning at
the Northwest corner of said Lot 7, thence S 89°49'33" E., 78 67
feet; thence N 00°2104" E , 19 92 feet; thence N 89°47'26" E ,
45 38 feet; thence S 00°43'39" W , 18 90 feet; thence N 89°57'53"
E , 26 06 feet; thence S 00°00'30" E , 170 28 feet; thence S
10°53'40" E., 92 67 feet; thence S 89°59'34" W , 167 50 feet to a
point on the easterly right-of-way line of Newburgh Road (120 00
feet wide), thence N 00°00'30" W , along said right-of-way line of
Newburgh Road, 260 34 feet to the point of beginning Site
containing 40,757 square feet, or 0 94 acres.
as shown on the map attached to the aforesaid communication which is
made a part hereof by reference, and the City Clerk is hereby requested
to cause a certified copy of this resolution to be recorded in the Office of
the Wayne County Register of Deeds, provided, however, that to the
extent required by law and City ordinance, the action herein is made
subject to the approval of the Zoning Board of Appeals
#1101-96 RESOLVED, that having considered the report and
recommendation of the City Librarian, dated October 30, 1996, which
bears the signature of the Finance Director and is approved for
submission by the Mayor, Council Resolution 485-96 is hereby amended
and revised to read as follows
RESOLVED, that having considered the reports and
recommendations of the City Librarian, dated May 1, 1996, and
October 30, 1996, which bear the signature of the Finance Director
and are approved for submission by the Mayor, regarding the
establishment of resident and non-resident meeting room rental
rates, the Council does hereby establish rates for meeting rooms in
City facilities for a four-hour rental as follows
NON-PROFIT
Current Proposed
Resident
Meeting Room $ 15 $ 20
Auditorium 60 75
Non-Resident
Meeting Room
Auditorium $ 15
60 $ 50
150
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CORPORATE/FOR PROFIT
Current Proposed
Resident
Meeting Room
$ 50
Auditorium
265 $ 50
200
Non-Resident
Meeting Room $ 50 $100
Auditorium 265 350
INDIVIDUAL/INFORMAL ORGANIZATION
Proposed
Resident (at least 50% of all
persons attending must be City
residents as shown by a valid
driver's license or State
identification card)
Meeting Room $ 30
Auditorium 150
Non-Resident
Meeting Room $100
Auditorium 350
PROVIDED, FURTHER, with respect to the application of these
rates, the following definitions shall apply
1 Non-profit: Non-profit shall refer to an organization which
has obtained federal tax-exempt status under Internal
Revenue Code Section 501(c)(3), as amended, or a
certification as a non-profit or charitable organization from
the appropriate agency of the State of Michigan, or is
recognized as a non-profit organization by resolution of the
Livonia City Council
2 For profit or corporate All organizations not meeting the
foregoing definition of non-profit organizations
3 Resident - individual Any individual who dwells in the City
of Livonia and has a Livonia street address (not a Post
Office Box)
4 Resident - corporation or oroanization. To qualify, an
organization or corporation shall have its principal place of
business in the City of Livonia. "Principal place of business"
shall mean that the permanent office or other facility from
which the organization's officers, agents, and employees
29894
conduct a substantial portion of the organization's business
Payment of real or personal property taxes to the City of
Livonia demonstrates residency for a corporation In the
absence of such a facility, the term shall refer to the
dwellings of the organization's current president or
chairperson AND the organization's secretary or treasurer,
both of whom shall be Livonia residents
5 Non-resident: The individual or organization does not
qualify as a resident as defined above
A communication from the Inspection Department, dated October 30,
1996, re administrative response to CR 943-96 - the painting of the wall and sign at
Village Green Florist, located at 33239 Eight Mile Road -was received and placed on
file for the information of the Council
#1102-96 RESOLVED, that having considered the report and
recommendation of the Inspection Department, dated October 30, 1996,
approved for submission by the Mayor, submitted pursuant to Council
Resolution 943-96, regarding the painting of the wall and sign at Village
Green Florist, 33239 Eight Mile Road, the Council does hereby refer this
item to the Legislative Committee for its report and recommendation.
#1103-96 RESOLVED, that having considered a communication from
the Personnel Director, dated October 25, 1996, which bears the
signature of the Finance Director and is approved for submission by the
Mayor, and which transmits a resolution adopted by the Civil Service
Commission on September 11, 1996, wherein the Commission
recommended approval of rate increases for part-time temporary
employees in order to comply with new legislation concerning increases in
the minimum wage and to maintain differentials in the current rate
schedule, which rate increases are as follows
PROPOSED PROPOSED
CURRENT RATE RATE
CLASSIFICATION RATE EFF. 10/1/96 EFF. 9/1/97
LIBRARY
LIBRARY PAGE 4 75 5 00 5 40
5 00 5 25 5 65 after 6 mos.
STUDENT PAGE 4 50 4 75 515
29895
PROPOSED
CURRENT RATE
PARKS AND RECREATION RATE EFF. 9/1/97
RECREATION AIDE 4 75 5 25 1st year
Jr Concession Attendant 4 85 5 35 2nd year
Rink Attendant 4 95 5 45 3rd year
ASST. RECREATION
LEADER 5 25 5 75 1st year
Asst. Recreation Playleader 5 35 5 85 2nd year
Cashier/Sr Concession
Attendant 5 45 5 95 3rd year
RECREATION LEADER 6 00 6 50 1st year
Arts & Crafts Instructor 6 25 6 75 2nd year
Asst. Supervisor of Athletics 6 50 7 00 3rd year
Lifeguard I
Recreation Playleader
Rink Manager
RECREATION SPECIALIST 6 75 7.25 1st year
Asst. Pool Manager 7 00 7 50 2nd year
Lifeguard II 7 25 7 75 3rd year
Supervisor of Arts & Crafts
Supervisor of Concessions
Supervisor of Playgrounds/Special Events
Tennis Instructor
PROGRAM SPECIALIST 7 50 8 00 1st year
Choral Director 7 75 8.25 2nd year
Day Camp Director 8 00 8 50 3rd year
Instructor of Special Classes
Piano Accompanist
Pool Manager
Supervisor of Handicapped
PROPOSED PROPOSED
CURRENT RATE RATE
CLASSIFICATION RATE EFF. 10/1/96 EFF. 9/1/97
POLICE
POLICE RESERVE OFFICER 6 25
6 75
POLICE MATRON 6 25
6 75 7.25
7 25
SCHOOL CROSSING GUARD 6 00 6 50 7 00
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CURRENT PROPOSED
RATE
RATE
DEPARTMENT OF PUBLIC WORKS
EFF. 3/1/97
SEASONAL LABORER I 6 25 6 45 1st year
6 75 6 95 2nd year
SEASONAL LABORER II 6 75 6 95 1st year
7 25 7 45 2nd year
the Council does hereby concur in and approve of the aforesaid action
#1104-96 RESOLVED, that having considered the report and
recommendation of the Housing Director, dated October 29, 1996,
approved for submission by the Mayor, wherein the Housing Commission
requests that the Livonia City Council increase the deferred loan interest
rate for rehabilitation loans to five (5%) percent for moderate income
families effective January 1, 1997, in connection with the Community
Development Block Grant Program and authorize its inclusion as a
revision to the Housing Rehabilitation Manual, the Council does hereby
concur in and approve of such action
#1105-96 RESOLVED, that having considered the report and
recommendation of the Executive Director of the Housing Commission,
dated October 29, 1996, approved for submission by the Mayor, and to
which is attached an amendment to the Annual Contributions Contracts
(ACC) which extends the terms of the contracts for Project Nos
MI055CE0011 and MI055V0005 and the City's current allocation of
Section 8 existing certificates and vouchers for one year to November 30,
1997, the Council does hereby approve the amendment and extension of
the Annual Contributions Contracts and does hereby authorize the
Executive Director of the Housing Commission to execute the same in the
manner and form herein submitted.
#1106-96 RESOLVED, that having considered the report and
recommendation of the Public Utility Manager and the Director of Public
Works, dated November 1, 1996, which bears the signature of the
Finance Director and is approved for submission by the Mayor,
transmitting proposals received for the installation of a
telecommunications and cabling system in the municipal offices of the
City, the Council does hereby refer this matter to the Capital Improvement
Committee for its report and recommendation
#1107-96 RESOLVED, that having considered the report and
recommendation of the Superintendent of Public Service and the Director
of Public Works, dated October 28, 1996, which bears the signature of
the Finance Director and is approved for submission by the Mayor, the
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Council does hereby authorize B & V Construction, Inc , 48400 West
Road, P 0 Box 930029, Wixom, Michigan 48393-0029, to provide snow
removal services for City streets during the 1996-97 snow season for
snow falls of over four (4") inches in accumulation and as authorized by
the Mayor, pursuant to the terms stated in the attached letter dated
October 10, 1996, FURTHER, the Council does hereby authorize the
said item without competitive bidding in accordance with Section
3 04 140D4 of the Livonia Code of Ordinances, as amended
#1108-96 RESOLVED, that having considered the report and
recommendation of the Director of Finance, dated October 29, 1996,
approved for submission by the Mayor, submitted pursuant to Council
Resolution 453-96, regarding cash receipt procedures, the Council does
hereby refer this matter to the Finance, Insurance and Budget Committee
for its report and recommendation
#1109-96 RESOLVED, that having considered the report and
recommendation of the Department of Law, dated October 30, 1996,
approved for submission by the Mayor, submitted pursuant to Council
Resolution 578-96, with regard to a request to purchase City-owned
property located on Broadmoor, Sidwell No 051-01-0243-000, Lots 243-
245, submitted by Mr David Dunn, the Council does hereby determine to
take no further action with respect to this request inasmuch as this
property is part of an undeveloped park site known as Broadmoor Park,
and the City desires to retain such park site at this time
#1110-96 RESOLVED, that having considered a communication from
the City Planning Commission, dated November 1, 1996, which transmits
its resolution 10-205-96, adopted on October 29, 1996, with regard to a
revision to Petition 86-2-2-8 submitted by Darden Restaurants Inc.,
requesting approval to repaint the exterior of the Red Lobster 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 the revision to Petition 86-2-2-8 is hereby approved and
granted, subject to the following condition
That the Exterior Finish Plan dated September 17, 1996, submitted
by Darden Restaurants Inc., is hereby approved and shall be
adhered to
#1111-96 RESOLVED, that having considered the report and
recommendation of the Director of Finance, dated November 13, 1996,
approved for submission by the Mayor, with regard to proposals received
from insurance carriers in connection with the City's self-insurance
program for workers' compensation, the Council does hereby authorize
the Mayor and City Clerk to enter into a contract for the period December
1, 1996 to November 30, 1998, with Aetna Casualty and Surety Company,
Hartford, Connecticut 06156, to provide the City with excess insurance
29898
coverage when losses from any one claim reach $250,000 00, for a total
premium cost of$25,863 00; and FURTHER, the Council does hereby
authorize a service contract with Alexis, Inc., 17187 N Laurel Park Drive,
Livonia, Michigan 48152, for claims administration and processing in
connection with this item, for a total premium cost of$37,005 00; and the
action herein is being taken without competitive bidding in accordance
with the provisions set forth in Section 3 04 140D2 and D4 of the Livonia
Code of Ordinances, as amended
A roll call vote was taken on the fog agoing resolutions with the following result:
AYES Brosnan, McGee, Taylor, Duggan, and Laura.
NAYS None
On a motion by Brosnan, seconded by McGee, and unanimously adopted,
it was
#1112-96 RESOLVED, that having considered a communication from
the Department of Law, dated October 30, 1996, submitted pursuant to
Council Resolutions 963-96 and 967-96, regarding the legal status of the
Community Commission on Drug Abuse vis-à-vis the City of Livonia and
the subject of the legal obligation of the City to fund First Step, the
Council does hereby refer this matter, as well as the general subject
matter of the Hold Harmless contracts between the City of Livonia and
Hegira Programs, Inc. and First Step, to the Legislative Committee for its
report and recommendation.
On a motion by Taylor, seconded by McGee, and unanimously adopted, it
was.
#1113-96 RESOLVED, that having considered a communication from
the City Assessor, dated October 25, 1996, approved for submission by
the Mayor, with regard to a request from JoAnne Turshnuik, 14000
Richfield, Livonia, Michigan 48154, and in accordance with the provisions
of 1967 PA 288, as amended, as well as Section 18 46 of Ordinance 543,
as amended, the Council does hereby determine to deny the request for
dividing Tax Item No 46-076-01-0027-001 into two parcels since the
same would be in violation of the City's zoning ordinance and law, as well
as for the reason that the proposed lot split would not be consistent with
good planning and zoning practice
On a motion by Duggan, seconded by Brosnan, and unanimously
adopted, it was
29899
#1114-96 RESOLVED, that having considered a communication from
the Director of Community Resources, dated November 8, 1996, which
bears the signature of the Finance Director and is approved for
submission by the Mayor, the Council does, for and on behalf of the City
of Livonia, accept the donation of fifty (50) Farmer Jack food certificates
in denominations of $10 00 each from the Kiwanis Early Risers to the
Community Resources Department to be used as indicated in the
aforesaid communication
On a motion by McGee seconded by Taylor, and unanimously adopted, it
was
#1115-96 RESOLVED, that the Council does hereby suspend their
rules for procedure as outlined in Council Resolution 574-82 so as to
permit consideration of items that do not appear on the agenda.
On a motion by Brosnan, seconded by McGee, and unanimously adopted,
it was,
#1116-96 RESOLVED, that having considered the report and
recommendation of the Committee of the Whole, dated November 19,
1996, submitted pursuant to Council Resolution 975-96, and a
communication from the City Planning Commission, dated September 24,
1996, which transmits its resolution 9-166-96, adopted on September 17,
1996, with regard to Petition 96-8-2-23, submitted by Bogart's Billiards
Cafe requesting waiver use approval to utilize a Class C License in
connection with an existing billiard hall facility located on the north side of
Plymouth Road between Tech Center Drive and Sears Avenue in the
Southeast 1/4 of Section 26, which property is zoned C-2, the Council
does hereby concur in the recommendation made by the City Planning
Commission and Petition 96-8-2-23 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
A communication from the Division of Police, dated October 17, 1996, re
a record of all incidents occurring at Bogart's Billiards Cafe, 30282 Plymouth Road,
from January 1, 1990 through October 17, 1996, 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
29900
#1117-96 RESOLVED, that the Council does hereby receive and
place on file for the information of the Council the correspondence
submitted by Michael G Trout, dated November 19, 1996, indicating his
resignation from the Zoning Board of Appeals effective December 4,
1996
On a motion by Taylor, seconded by Duggan, and unanimously adopted,
it was:
#1118-96 RESOLVED, that pursuant to Section 21 02 of the Zoning
Ordinance of the City of Livonia, Ordinance No 543, as amended, and
Section 5 of Act 207 of the Public Acts of Michigan of 1921, as amended,
John R. Pastor, 31140 Lyndon, Livonia, Michigan 48154, is hereby
appointed to the Zoning Board of Appeals effective December 4, 1996, to
fill the unexpired term of Sean P Brosnan (Michael Trout), ending July
12, 1998, with all the authority and duties as set forth in the said Zoning
Ordinance and Act 207, and further provided that he takes the Oath of
Office as required in Chapter X, Section 2 of the City Charter, to be
administered by the Office of the City Clerk.
John Pastor briefly addressed the Council
No one from the audience spoke during audience communication
On a motion by McGee, seconded by Brosnan, and unanimously adopted,
this 1,333rd Regular Meeting of the Council of the City of Livonia was adjourned at 8 20
p m., November 25, 1996
Jo n McCotter, City Clerk