HomeMy WebLinkAboutCOUNCIL MINUTES 2000-01-26 32056
MINUTES OF THE ONE THOUSAND FOUR HUNDRED NINTH
REGULAR MEETING OF JANUARY 26, 2000
On January 26, 2000, 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 800 p m Council member Walsh delivered the invocation
Roll was called with the following result: John J Walsh, John R. Pastor,
Brian Duggan, Joe Laura, Jack Engebretson, Val I Vandersloot, and Maureen Miller
Brosnan
Absent: None
Elected and appointed officials present: Jack E Kirksey, Mayor; Robert
Beckley, Director of Public Works, Robert Schron, City Engineer; Mark Taormina, City
Planner; Sean Kavanagh, City Attorney; Joan McCotter, City Clerk, Karen Szymula,
Director of Legislative Affairs, Jim Inglis, Director of Housing, Mary Rutan, Personnel
Director; Barbara Lewis, City Librarian, and Brian Wilson, Assistant Superintendent of
Public Service
On a motion by Duggan, seconded by Pastor, and unanimously
adopted, it was
#32-00 RESOLVED, that the minutes of the 1,408th Regular Meeting
of the Council held January 12, 2000 are hereby approved as submitted
During an audience communication, Councilmember Vandersloot wished
a "Happy Birthday" to Joan McCotter, who will celebrate her birthday on January 29,
2000
Councilmember Duggan wished Jackie Highman of the Zoning Board of
Appeals a "Happy Birthday" He also mentioned that the organization, "First Step", will
be hosting a charity dance on Friday, February 4, 2000
two])
Glenn Moon, 34461 Wood, Livonia, 48154 asked the City Council to study
the possibility of instituting a citizens' patrol in the community
On a motion by Laura, seconded by Duggan, and unanimously adopted, it
was
#33-00 RESOLVED, that having considered a request from Glenn
Moon, 34461 Wood Drive, Livonia, 48154, regarding the possibility of
instituting a citizens' patrol to serve the community, the Council does
hereby refer this matter to the Administration for its report and
recommendation
On a motion by Laura, seconded by Duggan, and unanimously adopted, it
was
#34-00 RESOLVED, that having considered a request from Glenn
Moon, 34461 Wood Drive, Livonia, 48154, regarding the possibility of
instituting a citizens' patrol to serve the community, the Council does
hereby refer this matter to the Committee of the Whole for its report and
recommendation
An amendment to Agenda Item #13 - Hold Harmless Agreement between
the City of Livonia and Hegira Programs (Exhibit B, Subcontract General Provisions,
Page 2) was received and placed on file for the information of the Council
A communication from the Engineering Division, dated January 24, 2000,
re Agenda Item #14 - additional information regarding Signature Awning and a Wayne
County Permit for Storm Sewer— was received and placed on file for the information of
the Council
On a motion by Duggan, seconded by Pastor, and unanimously adopted,
it was
#35-00 RESOLVED, that having considered a letter from the
Coordinator of Special Projects of the Schoolcraft College Foundation,
dated January 4, 2000, wherein a request is submitted to place 22" x 14"
signs advertising a spring craft show to be conducted on Saturday, March
11 , 2000, and a fall craft show to be conducted on Saturday and Sunday,
top
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November 11 and 12, 2000, at Schoolcraft College, the purpose of which
is to raise funds for student scholarships, which signs are to be installed
no earlier than Monday, March 6, 2000, and removed no later than
Monday, March 13, 2000, for the spring craft show and installed no earlier
than Monday, November 6, 2000, and removed no later than Monday,
November 13, 2000, for the fall craft show at the following locations
Two signs - Five Mile and Newburgh
Two signs - Five Mile and Farmington
Two signs - Five Mile and Merriman
Two signs - Five Mile and Levan
Two signs - Six Mile and Newburgh
Two signs - Six Mile and Farmington
Two signs - Six Mile and Merriman
Two signs - Six Mile and Haggerty
Two signs - Seven Mile and Newburgh
Two signs - Seven Mile and Farmington
Two signs - Seven Mile and Merriman
Two signs - Seven Mile and Haggerty
One sign - Laurel Park Drive and Six Mile Road
the Council does hereby concur in and approve of this request in the
manner and form herein submitted, such signs to be located on the right-
of-way as close as possible to the sidewalk.
#36-00 RESOLVED, that having considered a letter from the
President of the Livonia Anniversary Committee, Inc., dated December
20, 1999, which submits a request for approval of the following items
1 The issuance of a permit to Pugh Shows to conduct carnival
amusement rides at Henry Ford Field, Veterans' Park, and Eddie
Edgar Arena as part of this year's Spree-50 Celebration, on June
20, 21 and 22, 2000, from 2 00 p m to midnight and on June 23, 24
and 25, 2000, from 12 00 noon to midnight, subject to the City of
Livonia, Livonia Public Schools and the Livonia Anniversary
Committee, Inc being identified as additional insured on Pugh
Shows general liability insurance policy;
2 The issuance of a permit to the Anniversary Committee to conduct
a circus on June 20-25, 2000, at Ford FieldNeterans' Park,
3 Authorization of the Anniversary Committee to conduct a fireworks
display at Veterans' Park to be held on Sunday, June 25, 2000, at
10 00 p m , which display will be fired by American Fireworks, Inc ,
subject to providing liability insurance for this event and subject to
the City of Livonia, Livonia Public Schools and the Livonia
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Anniversary Committee, Inc being designated as additional insured
on their policy;
4 Authorization of the Livonia Anniversary Committee to use and/or
lease the facilities at Henry Ford Field, Veterans' Park and the
Eddie Edgar Arena during the period of the Spree-50 celebration in
accordance with the fees/waivers grid for events co-sponsored by
the City of Livonia, and
5 A waiver of all fees prescribed by ordinance or law with respect to
Items 2 and 3 above, as well as a waiver of all vendors' license
fees for community organizations and/or groups authorized to
participate in Spree-50 by the Anniversary Committee,
the Council does hereby concur in and approve the foregoing requests,
and the City Clerk and all other appropriate city officials and agencies are
hereby requested to do all things necessary or incidental to the full
performance of this resolution
#37-00 RESOLVED, that having considered a letter from the
President of the Livonia Anniversary Committee, Inc , dated December 20,
1999, wherein it is requested that the following City streets be closed to
through traffic from 8 00 a m on June 19, 2000, through 12 00 noon on
June 26, 2000 (Monday through Monday)
Stark Road from the Family Y, 14255 Stark to Lyndon
Lyndon from Farmington Road to Stark Road
the Council does hereby concur in and grant this request in the manner
and form herein submitted, FURTHER, the Council does hereby request
that Farmington Road be closed from Five Mile Road to Schoolcraft Road
on Sunday, June 25, 2000, between the hours of 8 30 p m and 11 30 p m
or until the road is returned to normal traffic operation in connection with
the Annual Spree Fireworks Display, and does hereby authorize the City
of Livonia to assume liability for any damage claims which may arise as a
result of the road closure, and that Lieutenant Kevin Dawley is hereby
designated and authorized to sign the road closure permit on behalf of the
City of Livonia, the action taken herein being made subject to the approval
of the Police Department, Fire Department and Wayne County; and to the
extent possible, Spree is requested, in conjunction with the Police
Department, to do all things necessary to alleviate traffic problems for the
residents of Stoneleigh Village Subdivision during the 2000 Anniversary
Celebration
#38-00 RESOLVED, that having considered a letter from the
Secretary of the Livonia Anniversary Committee, Inc , dated January 10,
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2000, the Council does hereby approve of the request from the Livonia
Anniversary Committee, Inc for permission to display banners advertising
Spree-50 on Farmington Road and Five Mile Road from May 30, 2000
through June 26, 2000, and to display 4' x 8' signs at City Hall and Ford
Field from May 30, 2000, through June 26, 2000, at no additional cost to
Spree, and the City Clerk and all other appropriate City officials and
agencies are hereby requested to do all things necessary or incidental to
the full performance of this resolution
#39-00 RESOLVED, that pursuant to the provisions of Section 5,
Chapter VIII of the Charter of the City of Livonia, and based upon the
appointment of the Mayor, dated January 5, 2000, the Council does
hereby consent to and confirm the reappointment of Ms Carol J Dickson,
15632 Nola Circle, Livonia, Michigan 48154, to the Board of Review for a
term of three years commencing February 17, 2000, and expiring
February 16, 2003
#40-00 RESOLVED, that having considered the report and
recommendation of the Mayor, dated January 10, 2000, the Council does
hereby set the salary of the Director of Building Inspection, effective
January 17, 2000, as follows
3% 3% 3%
1998-1999 1999-2000 2000-2001
Step 5 71,115 20 73,275 60 75,462 40
Step 4 68,265 60 70,304 00 72,404 80
Step 3 65,540 80 67,516 80 69,534 40
Step 2 69,920 00 64,812 80 65,747 20
Step 1 5 61,651.20 63,502 40 65,416 00
Step 1 60,424 00 62,233 60 64,105 60
the same benefits (i e , longevity, vacation credit, sick leave, dental,
optical, medical benefits, etc ) as extended to other full-time classified Civil
Service employees shall be afforded this position
#41-00 RESOLVED, that having considered the report and
recommendation of the City Clerk, dated December 22, 1999, to which is
attached a communication from the Oakland Schools, dated December
20, 1999, and a subsequent communication from the City Clerk, dated
January 11, 2000, the Council does hereby approve of the request from
the Board of Education of Oakland Schools to collect 100% of the eligible
property tax for general education, special education and vocational
education for the fiscal year beginning July 1, 2000, and on a continuing
basis or until further order of this Council by council resolution, in the
same manner and at the time that school district or community college
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taxes are collected by the City; and the City Treasurer is hereby
authorized to do all things necessary or incidental to the full performance
of this resolution
#42-00 RESOLVED, that having considered the report and
recommendation of the City Clerk, dated December 22, 1999, to which is
attached correspondence from Bruce Barrett, Wayne County Regional
Educational Service Agency (RESA), dated December 21, 1999, wherein
it is requested that the City of Livonia collect the Wayne RESA
intermediate school property taxes, the Council does hereby approve of
the request from the Wayne County Regional Educational Service Agency
(RESA) to collect 100% of the intermediate school property taxes as part
of the City's summer tax collection for the tax year 2000, and on a
continuing basis or until further order of this Council by council resolution,
and the City Treasurer is hereby authorized to do all things necessary or
incidental to the full performance of this resolution
#43-00 RESOLVED, that having considered the report and
recommendation of the City Clerk, dated January 10, 2000, to which is
attached a letter from The Observer & Eccentric Newspapers, Inc., dated
January 10, 2000, the Council does hereby designate the Observer &
Eccentric Newspapers, Inc , subsidiary of Hometown Communications
Network, 36251 Schoolcraft, Livonia, Michigan 48150, as the official
newspaper of the City of Livonia for the period January 1, 2000 through
December 31, 2000, FURTHER, the Council does hereby approve and
authorize the publishing of legal notices in The Observer & Eccentric
Newspaper for the price of $6 60 per column inch, based on the present
six-column format, which will remain in effect until December 31, 2000,
FURTHER, legal notices which are submitted on diskette will, upon
request, be placed on the Internet at no additional charge, FURTHER,
the Council does hereby authorize the said item without competitive
bidding for the reasons indicated in the aforesaid communicatior, 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
#44-00 RESOLVED, that having considered the report and
recommendation of the City Clerk, dated January 10, 2000, to which is
attached a letter from The Observer & Eccentric Newspapers, Inc., dated
January 10, 2000, regarding the designation of an official newspaper for
the City for the publication of legal official notices, the Council does hereby
refer the matter of contacting state legislators to modify State Law to allow
for publication of Official Notices and Ordinances on the internet in lieu of
publication in a newspaper to the Mayor for a report and recommendation
#45-00 RESOLVED, that having considered the report and
recommendation of the City Clerk, dated January 10, 2000, to which is
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attached a letter from The Observer & Eccentric Newspapers, Inc., dated
January 10, 2000, regarding the designation of an official newspaper for
the City for the publication of legal official notices, the Council does hereby
refer the matter of a cost analysis for publishing Legal Notices from 1996
through 1999 to the Director of Finance for a report and recommendation
#46-00 RESOLVED, that having considered the report and
recommendation of the City Clerk, dated January 10, 2000, to which is
attached a letter from The Observer & Eccentric Newspapers, Inc., dated
January 10, 2000, regarding the designation of an official newspaper for
the City for the publication of legal official notices, the Council does hereby
refer the subject of publication of official Legal Notices and Ordinances to
the Committee of the Whole for its report and recommendation
#47-00 RESOLVED, that having considered a request from
Councilmember Joe Laura with respect to the donation of an activities sign
for the advertisement of Spree events and other community events
occurring throughout the year, the Council does hereby refer this subject
(in connection with Council Resolution 259-99) to the Capital Improvement
Committee for its report and recommendation
#48-00 RESOLVED, that having considered a letter from the
Michigan Liquor Control Commission, dated November 24, 1998, and the
report and recommendation of the Chief of Police, dated January 19,
2000, approved for submission by the Mayor, the Council does hereby
approve of the request from La Shish, Inc for transfer of ownership of a
1994 Class C License (in escrow) from James E Burridge and Virginia M
Burridge for a business located at 37367 Six Mile Road, Livonia, Michigan,
Wayne County, and to transfer location (governmental unit) (MCI
436 1531(1)) from 18232 Fenkell, Detroit, Michigan, Wayne County, to
37367 Six Mile Road, Livonia, Michigan, Wayne County; and the City
Clerk is hereby requested to forward a certified copy of this resolution to
the Michigan Liquor Control Commission
#49-00 RESOLVED, that having considered the report and
recommendation of the Housing Director and the Supervisor of the
Community Development Office-Housing Commission, dated November
22, 1999, approved for submission by the Mayor, to which is attached a
1999-2000 CDBG Sewer Connection Program Policy Proposal, the
Council does hereby authorize the Housing Commission to implement the
Sewer Connection Program in the manner and form herein submitted to
provide the City with an additional tool to be used when enforcing
applicable ordinances and to provide residents with an option to finance
the connection to the Public Sewer System
32063
#50-00 RESOLVED, that having considered the report and
recommendation of the Housing Director and the Supervisor of the
Community Development Office-Housing Commission, dated December
27, 1999, approved for submission by the Mayor, and to which is attached
Hold Harmless Contracts between the City of Livonia and Hegira
Programs, Inc , Dr John Farar; Deborah F Bihun, Ph D , P C , and
Jacque Martin-Downs, MA/MSW, for the period February 1, 2000 through
July 31, 2000, the Council does hereby authorize the Mayor and City
Clerk, for and on behalf of the City of Livonia, to execute the proposed
Hold Harmless Contracts in the manner and form herein submitted, as
well as to do all other things necessary or incidental to the full
performance of this resolution
#51-00 RESOLVED, that having considered the report and
recommendation of the Director of Public Works and the City Engineer,
dated December 28, 1999, approved for submission by the Mayor, with
regard to a request from the Wayne County Department of Public Services
that the City take jurisdiction and control of a section of 6" storm sewer as
part of the renovation of the commercial property at 12283 Merriman Road
in the Southeast 1/4 of Section 27, the Council does hereby determine as
follows
1 To advise the Wayne County Department of Public Services
(Permit Section) that the City of Livonia has approved the storm
sewer site plans, and further that the City will accept jurisdiction
and maintenance (at no expense to the County) of approximately
16 If of 6" storm sewer within the Merriman Road right-of-way in
connection with the development of the aforementioned site located
on the west side of Merriman Road in the Southeast 1/4 of Section
27 (See attached letter from Signature Awning, dated December
28, 1999, indicating its willingness to reimburse the City for any
such maintenance that may become necessary )
2 To authorize the City Engineer to execute a Wayne County pernit
on behalf of the City of Livonia in connection with the above storm
sewer construction
A communication from the Engineering Division, dated January 5, 2000,
re Administrative Response to CR #646-99 — proposed storm drainage on the Investico
Development site (Livonia Villas Condominium, 19204 Middlebelt Road, Livonia) was
received and placed on file for the information of the Council
32064
#52-00 RESOLVED, that having considered a communication from
Councilmember Jack Engebretson, dated January 10, 2000, with regard to
a charter amendment question to change the term of office for the
Treasurer and City Clerk, the Council does hereby refer the matter of
placing a Charter Amendment question on an appropriate ballot to
consider changing the term of office for the Treasurer and City Clerk to
four years to the Legislative Committee for its report and recommendation
#53-00 RESOLVED, that in accordance with the provisions set forth
in Section 4 of Act 207 of the Public Acts of Michigan of 1921, as
amended, the City Zoning Act (SMA 5.2934, MCLA 125 584), as well as
Article XXIII of Ordinance 543, as amended, the zoning ordinance of the
City of Livonia, the Council does hereby determine that a Public Hearing
will take place before the City Council of the City of Livonia on Monday,
March 6, 2000, at 7 00 p m at the City Hall, 33000 Civic Center Drive,
Livonia, Michigan, with respect to the following items
(1) Petition 99-8-6-3, submitted by the City Planning Commission,
pursuant to Council Resolution 498-99, to determine whether or not
to amend Section 18 50D and Section 18 50K of the Zoning
Ordinance pertaining to political signs and changes to the face of
any valid nonconforming sign, the City Planning Commission in its
resolution 1-09-2000 having recommended to the City Council that
Petition 99-8-6-3 be approved, and
(2) Petition 99-10-1-16, submitted by the City Planning Commission,
pursuant to Council Resolution 673-99, for a change of zoning of
property located on the west side of Farmington Road north of
Seven Mile Road (the former Fire Station No 3 site and adjacent
residential parcel to the south) in the Southeast 1/4 of Section 4,
from PL and RUF to OS, the City Planning Commission in its
resolution 1-07-2000 having recommended to the City Council that
Petition 99-10-1-16 be approved,
FURTHER, the City Clerk is hereby requested to, no less than fifteen (15)
days prior to the aforesaid date of said public hearing, cause to have a
statement indicating the (a) nature of the proposed amendments to the
Zoning Ordinance, and/or (b) location of the proposed change of zoning
as set forth above, first to be published in the official newspaper of the City
or a newspaper of general circulation in the City of Livonia as well as to,
not less than fifteen (15) days prior to said public hearing, cause to have
notice to be given by certified mail to each public utility company and to
each railroad company owning or operating any public utility or railroad
within the districts or zones affected, and further, the City Clerk is
requested to do all other things necessary or incidental to tne full
performance of this resolution
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#54-00 WHEREAS, the City of Livonia has received a request from
Progressive Tool & Industries Co , dated January 12, 2000, proposing the
establishment of an industrial development district; and
WHEREAS, pursuant to Act 198 of the Public Acts of 1974, as amended,
this Council has authority to establish industrial development districts
within the boundaries of the City of Livonia, and
WHEREAS, there is located within the boundaries of the City of Livonia an
area of approximately 14 23 acres lying in the Southeast 1/4 of Section
28, as more particularly described in the attachment to the application
which is hereby incorporated by reference and which is hereinafter
referred to as "Proposed City of Livonia Industrial Development District
No 79;"
NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF LIVONIA, as
follows
1 The City Clerk is directed to give written notice by certified mail of
this action to all owners of real property within the boundaries of
Proposed City of Livonia Industrial Development District No 79
2 This City Council sets Monday, February 28, 2000, at 7 00 p m as
the date for the holding of a public hearing on the question of
whether this City Council should establish the Industrial
Development District described above
3 This City Council directs the City Clerk to provide notice, as
required by law, of the public hearing fixed above, so that all
residents or taxpayers of the City of Livonia shall be afforded an
opportunity to be heard on the question of establishing the
Industrial Development District described above
#55-00 RESOLVED, that having considered a communication from
the Director of Public Works and the City Engineer, dated January 13,
2000, approved for submission by the Mayor, with regard to a
Telecommunications Permit Application submitted by McLeod USA Inc ,
requesting approval for access to and ongoing use of the public rights-of-
way within the City for a proposed telecommunications system utilizing
approximately three (3) miles of public right-of-way, as more particularly
described in the attachment to the permit application, the Council does
hereby designate Wednesday, March 1, 2000, at 7 00 p m as the date
and time for conducting a public hearing with regard to whether or not to
approve such permit application, such hearing to be held at the City Hall,
33000 Civic Center Drive, Livonia, Michigan, and the City Clerk is hereby
requested to do all things necessary in order to give proper notice in
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writing, as well as by the publication of a notice in the City's official
newspaper of such hearing and the date and place thereof, in compliance
with the requirements set forth in Section 12 06 050G of the Livonia Code
of Ordinances, as amended
A roll call vote was taken on the foregoing resolutions with the following result:
AYES Walsh, Pastor, Duggan, Laura, Engebretson, Vandersloot and
Brosnan
NAYS None
On a motion by Engebretson, seconded by Laura, it was
#56-00 RESOLVED, that having considered the report and
recommendation of the Committee of the Whole, dated December 8, 1999,
submitted pursuant to Council 149-99, and having considered a request
from Councilmember Joe Laura to amend Council Resolution 752-96
regarding movie start times in connection with the approval of Petition 96-4-
2-14, submitted by Walkon & Associates, to construct a 20-screen AMC
movie theater on property located north of Seven Mile Road between
Haggerty Road and the 1-275 Expressway in the Southwest 1/4 of Section 6,
the Council does hereby amend and revise Council Resolution 752-96 so as
to have the same read as follows
RESOLVED, that having considered a communication from the City
Planning Commission, dated June 19, 1996, which sets forth ;ts
resolution 6-100-96 adopted on June 18, 1996, with regard to
Petition 96-4-2-14 submitted by Walkon & Associates requesting
waiver use approval to construct a 20-screen movie theater on
property located north of Seven Mile Road, between Haggerty
Road and the 1-275 Expressway in the Southwest 1/4 of Section 6,
which property is zoned C-2, and the Council having conducted a
public hearing with regard to this matter on July 24, 1996, pursuant
to Council Resolution 607-96, the Council does hereby reject the
recommendation of the City Planning Commission and said Petition
96-4-2-14 is hereby approved and granted, subject to a variance
being granted by the Zoning Board of Appeals relative to the
deficient number of seats in the viewing auditoriums and relative to
deficient size parking bays, and subject also to the following
additional conditions
1 That the Site Plans marked Sheet 1 and 2 dated August 20,
1996, as revised, prepared by Johnson, Johnson & Roy,
Landscape Architects, Inc , which are hereby approved, shall
be adhered to,
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2 That the Building Elevation Plan dated April 9, 1996,
prepared by Gold, Evens, Goodman, Associates, PC, which
are hereby approved, shall be adhered to,
3 That a fully developed Landscape Plan shall be submitted
for review by the Planning Commission and thereafter
submitted to the City Council for approval within thirty (30)
days of the date of this resolution,
4 That phased improvements to Haggerty Road and Seven
Mile Road as outlined in a letter from the Wayne County
Department of Public Services, dated May 8, 1996, and any
subsequent amendments thereto are made a part of this
approval and all such improvements shall be constructed
and paid for by the developer;
5 That no signs, either freestanding or wall mounted, are
approved as part of this application, all such signs shall be
separately submitted for review and approval by the
Planning Commission and City Council,
6 That the letter from AMC Corporation, dated August 12,
1996, is incorporated herein by reference and shall be
adhered to,
7 That the security plan referenced in the letter from AMC
Corporation, dated May 17, 1996, is hereby incorporated by
referenced and shall be adhered to,
8 That the petitioner shall not start any movies later than 1210
a.m , and which start time shall be revisited in one year;
9 That there shall be a three (3) year escrow agreement for
Wayne County to retain a sufficient amount of money from
the petitioner to pay for traffic light installation, as required by
the Wayne County Department of Public Services,
Engineering Division
A roll call vote was taken on the foregoing resolution with the following result:
AYES Walsh, Duggan, Laura and Engebretson
NAYS Pastor, Vandersloot and Brosnan
The President declared the resolution duly adopted
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Colleen Burton, 18483 Gill Road, Livonia 48152, spoke in opposition to
extending the movie start time to 12 30 a m
Robert Snider, 16774 Ronnie Lane, Livonia 48154, spoke in opposition to
extending the movie start time to 12 30 a m
A communication from the Engineering Division, dated December 9, 1999,
re paving of Henry Ruff Road from Five Mile Road to Lyndon, was received and placed
on file for the information of the Council
On a motion by Laura, seconded by Duggan, it was
#57-00 RESOLVED, that having considered the report and
recommendation of the Streets, Roads and Plats Committee, dated
December 13, 1999, submitted pursuant to Council Resolution 704-99,
and the report and recommendation of the Director of Public Works and
the City Engineer, dated September 28, 1999, approved for submission by
the Mayor, and before determining to pave Henry Ruff between Five Mile
Road and Lyndon in the City of Livonia, with 25% of the cost to be
defrayed by special assessment and 75% to be the general obligation of
the City, 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, 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
A roll call vote was taken on the foregoing resolution with the following result:
AYES Walsh, Pastor, Duggan, and Brosnan
NAYS Laura, Engebretson and Vandersloot
The President declared the resolution duly adopted
On a motion by Pastor, seconded by Laura, and unanimously adopted, it
was
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#58-00 RESOLVED, that having considered a request from
Councilmember Pastor, the Council does hereby refer the matter of the
possibility of partial reimbursement of funds for the paving of Henry Ruff
Road between Five Mile Road and Lyndon to the Livonia Schools Liaison
Committee for its report and recommendation
On a motion by Vandersloot, seconded by Engebretson, and unanimously
adopted, it was
#59-00 RESOLVED, that having considered the report and
recommendation of the Committee of the Whole, dated January 4, 2000,
the Council does hereby designate Maureen Miller Brosnan as the City's
delegate to the Southeast Michigan Council of Governments, and does
hereby designate Joe Laura as the City's alternate delegate to the
Southeast Michigan Council of Governments on a continuing basis, or
until further order of this Council by council resolution
On a motion by Pastor, seconded by Walsh, and unanimously adopted, it
was
#60-00 RESOLVED, that having considered the report and
recommendation of the Committee of the Whole, dated January 4, 2000,
the Council does hereby designate Jack Engebretson as Parliamentarian
of the City Council on a continuing basis, or until further order of this
council by council resolution
On a motion by Engebretson, seconded by Laura, and unanimously
adopted, it was
#61-00 RESOLVED, that having considered the report and
recommendation of the Committee of the Whole, dated January 4, 2000,
the Council does hereby designate John J Walsh to serve as the Council
Representative on the Board of Directors of the Livonia Economic
Development Partnership on a continuing basis, or until further order of
this Council by council resolution, FURTHER, the Council does hereby
designate Joe Laura as the alternate
On a motion by Pastor, seconded by Walsh, and unanimously adopted, it
was
#62-00 RESOLVED, that having considered the report and
recommendation of the Committee of the Whole, dated January 24, 2000,
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the Council does hereby designate Brian Duggan to serve as the Council
Representative on the Board of Directors of the Livonia Anniversary
Committee on a continuing basis, or until further order of this Council by
council resolution
A communication from the Public Service Division, dated January 17,
2000, re the selection of a contractor for the City's Solid Waste Collection Program,
was received and placed on file for the information of the Council
On a motion by Duggan, seconded by Engebretson, and unanimously
adopted, it was
#63-00 RESOLVED, that having considered the report and
recommendation of the Water, Sewer and Waste Committee, dated
January 18, 2000, submitted pursuant to Council Resolution 932-98, with
regard to the matter of the Solid Waste/Recycling Contract between the
City of Livonia and Waste Management of Michigan, Inc., the Council
does hereby request that the Department of Public Works commence
negotiations with Waste Management of Michigan, Inc for a 56-month
contract to provide the city with solid waste/recycling services, such
negotiations to address the issues of the stability of
ownership/management and recycling rebates, the results of same to
thereafter be submitted to Council for its approval prior to execution of a
contract.
Councilmember Duggan gave first reading to the following Ordinance
AN ORDINANCE AMENDING SECTION 22 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 99-9-1-14)
(CR 30-00)
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
James Skrybylo was present at the meeting to answer questions of the
Council
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Councilmember Duggan took from the table, for second reading and
adoption, the following Ordinance
AN ORDINANCE AMENDING SECTION 25 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 99-6-1-10)
(CR 833-99)
A roll call vote was taken on the foregoing Ordinance with the following result:
AYES Walsh, Pastor, Duggan, Laura, Engebretson, Vandersloot and
Brosnan
NAYS None
The President declared the foregoing Ordinance duly adopted, and would become
effective on publication
On a motion by Vandersloot, seconded by Duggan, and unanimously
adopted, it was
#64-00 RESOLVED, that having considered a letter from the Michigan
Liquor Control Commission, dated November 17, 1999, and the report and
recommendation of the Chief of Police, dated December 27, 1999,
approved for submission by the Mayor, regarding a request from Kreative
Ventures, Inc. for a new Dance Permit to be held in conjunction with a
1999 Class C license with Entertainment Permit for a business located at
31735 Plymouth, Livonia, Michigan 48150, Wayne County, the Council
does hereby take this means to advise the Michigan Liquor Control
Commission that the City Council approves the said request; and the City
Clerk is hereby requested to forward a certified copy of this resolution to
the Michigan Liquor Control Commission
A communication from the Livonia Fire Fighters Union, Local 1164, dated
January 19, 2000, re their opposition to waiving the competitive bidding process for an
ambulance billing provider, was received and placed on file for the information of the
Council
32072
On a motion by Vandersloot, seconded by Pastor, and unanimously
adopted, it was
#65-00 RESOLVED, that having considered the report and
recommendation of the Director of Finance, dated December 22, 1999,
approved for submission by the Mayor, the Council does hereby approve
the renewal of the contract with Medical Management Systems of
Michigan, Inc., 1701 Lake Lansing Road, Suite 100, Lansing, Michigan
48912, for providing ambulance billing services for the period from
February 1, 2000, to June 30, 2000, under the same rates, terms and
conditions as the 1996 contract; FURTHER, the Council does nereoy
authorize the action herein without competitive bidding in accordance with
Section 3 04 140D2 of the Livonia Code of Ordinances, as amended, 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 company and to do
all things necessary or incidental to the full performance of this resolution
On a motion by Vandersloot, seconded by Duggan, and unanimously
adopted, it was
#66-00 RESOLVED, that having considered the report and
recommendation of the Director of Finance, dated December 22, 1999,
approved for submission by the Mayor, with regard to the matter of billing
and collection services for EMS transports provided by the Livonia Fire
Department, the Council does hereby authorize the Director of Finance to
do all things necessary to prepare specifications and obtain proposals for
billing and collection services for EMS transports provided by the Livonia
Fire Department in accordance with the provisions set forth in the financial
ordinance, the same to thereafter be submitted to Council for its
consideration
On a motion by Engebretson, seconded by Laura, and unanimously
adopted, it was
#67-00 RESOLVED, that having considered the report and
recommendation of the Director of Finance, dated December 22, 1999,
approved for submission by the Mayor, with regard to the matter of billing
and collection services for EMS transports provided by the Livonia Fire
Department, the Council does hereby refer this subject matter to the
Committee of the Whole for its consideration
Councilmember Pastor left the podium at 8 57 p m due to a conflict of interest.
32073
On a motion by Laura, seconded by Duggan, and unanimously adopted, it
was
#68-00 RESOLVED, that having considered a communication from
the City Planning Commission, dated December 15, 1999, which transmits
its resolution 12-223-99, adopted on December 14, 1999, with regard to
Petition 99-11-8-27 submitted by Richard C Blumenstein, requesting site
plan approval in connection with a proposal to construct an industrial
building on property located at 33875 Capital Court in the Southeast 1/4 of
Section 28, pursuant to the provisions set forth in Section 18 58 of
Ordinance No 543, as amended, the Council does hereby concur in the
recommendation of the Planning Commission and Petition 99-11-8-27 is
hereby approved and granted, subject to the following conditions
1 That the Site/Landscape Plan marked Sheet LD-1 dated December
6, 1999, as revised, prepared by GAV Associates, is hereby
approved and shall be adhered to, and a new site plan submitted
to the City Council on January 26, 2000, shall be adhered to
and is approved,
3 That all disturbed lawn areas shall be sodded in lieu of
hydroseeding,
4 That underground sprinklers are to be provided for all landscaped
and sodded areas, not including the rear yard area, and all planted
materials shall be installed to the satisfaction of the Inspection
Department and thereafter permanently maintained in a healthy
condition, provided that petitioner shall not be required to
provide sprinkling for neighboring property;
5 That the exterior building elevation plan marked Sheet A-2 dated
December 16, 1999, prepared by GAV Associates, is hereby
approved and shall be adhered to,
6 That the brick used in the construction of the building shall be full-
face four (4") inch brick, no exceptions,
7 That the three walls of the trash dumpster area shall be constructed
out of the same masonry material used in the construction of the
warehouse portion of the building, and the enclosure gates shall be
maintained and, when not in use, closed at all times,
8 That all light standards shall be shielded from the adjacent
properties and shall not exceed 20 ft. in height, and
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9 That the conditions specified in the Zoning Board of Appeals case
#9909-116 shall be met.
A roll call vote was taken on the foregoing resolution with the following result:
AYES Walsh, Duggan, Laura, Engebretson, Vandersloot and Brosnan
NAYS- None
The President declared the resolution duly adopted
Councilmember Pastor returned to the podium at 9.01 p m.
Nico Schultz, a representative of Dover Development, 32400 Telegraph
Road, Suite 205, Bingham Farms, Michigan 48025, was present at the meeting to
answer questions of the Council
On a motion by Duggan, seconded by Walsh, it was
RESOLVED, that having considered a communication from
the City Planning Commission, dated October 14, 1999, which sets forth
its resolution 10-171-99 adopted on October 5, 1999, with regard to
Petition 99-6-1-7, submitted by Kenneth M Hunt, on behalf of Hunt's Ace
Hardware, for a change of zoning of property located on the west side of
Myron south of Seven Mile Road in the Northeast 1/4 of Section 9, from R-
3 to P, and the Council having conducted a Public Hearing with regard to
this matter on January 10, 2000, pursuant to Council Resolution 751-99,
as amended by Council Resolution 835-99, the Council does hereby
approve Petition 99-6-1-7, as amended by the City Council with respect
to the North 32 feet of Lot 381 only, for preparation of the Ordinance for
submission to Council, and the City Planner is hereby instructed to cause
the necessary map for publication to be prepared indicating the zoning
change herein approved and to furnish the same to the Department of
Law and, upon receipt of such map, the Department of Law is requested
to prepare an ordinance amending Ordinance 543, as amended, in
accordance with this resolution
On a motion by Engebretson, seconded by Vandersloot, it was
RESOLVED, that the City Council does hereby determine, in
lieu of the foregoing resolution, to substitute the following
RESOLVED, that having considered a communication from
the City Planning Commission, dated October 14, 1999, which sets forth
32075
its resolution 10-171-99 adopted on October 5, 1999, with regard to
Petition 99-6-1-7, submitted by Kenneth M Hunt, on behalf of Hunt's Ace
Hardware, for a change of zoning of property located on the west side of
Myron south of Seven Mile Road in the Northeast 1/4 of Section 9, from R-
3 to P, and the Council having conducted a Public Hearing with regard to
this matter on January 10, 2000, pursuant to Council Resolution 751-99,
as amended by Council Resolution 835-99, the Council does hereby refer
Petition 99-6-1-7, as amended by the City Council with respect to the
North 32 feet of Lot 381 only, to the Committee of the Whole for its report
and recommendation
A roll call vote was taken on the motion to substitute as follows
AYES Engebretson, Vandersloot and Brosnan
NAYS Walsh, Pastor, Duggan and Laura
The President declared the motion to substitute failed
Ken Hunt, a representative from Hunt's Ace Hardware, spoke to the
Council regarding Petition 99-6-1-7
A roll call vote was then taken on the originally proposed resolution by Duggan,
seconded by Walsh, as follows
#69-00 RESOLVED, that having considered a communication from
the City Planning Commission, dated October 14, 1999, which sets forth
its resolution 10-171-99 adopted on October 5, 1999, with regard to
Petition 99-6-1-7, submitted by Kenneth M Hunt, on behalf of Hunt's Ace
Hardware, for a change of zoning of property located on the west side of
Myron south of Seven Mile Road in the Northeast 1/4 of Section 9, from R-
3 to P, and the Council having conducted a Public Hearing with regard to
this matter on January 10, 2000, pursuant to Council Resolution 751-99,
as amended by Council Resolution 835-99, the Council does hereby
approve Petition 99-6-1-7, as amended by the City CouncilL with respect
to the North 32 feet of Lot 381 only, for preparation of the Ordinance for
submission to Council, and the City Planner is hereby instructed to cause
the necessary map for publication to be prepared indicating the zoning
change herein approved and to furnish the same to the Department of
Law and, upon receipt of such map, the Department of Law is requested
to prepare an ordinance amending Ordinance 543, as amended, in
accordance with this resolution
with the following result:
Hvo'AED
AYES Walsh, Pastor, Duggan, Laura and Engebretson
NAYS Vandersloot and Brosnan
The President declared the resolution duly adopted
On a motion by Duggan, seconded by Vandersloot, it was,
#70-00 RESOLVED, that having considered a communication from
the City Planning Commission, dated November 30, 1999, which sets forth
its resolution 11-205-99 adopted on November 23, 1999, with regard to
Petition 99-10-1-18, submitted by Ward Evangelical Presbyterian Church,
on behalf of Phoenix Land Development, for a change of zoning of
property located on the Southeast corner of the intersection of Six Mile
and Farmington Roads, between Bloomfield Drive and Six Mile Road, in
the Northwest 1/4 of Section 15, from RUF to C-1 and R-81I, and the
Council having conducted a public hearing with regard to this matter on
January 10, 2000, pursuant to Council Resolution 825-99, the Council
does hereby approve Petition 99-10-1-18 for preparation of the ordinance
for submission to Council, and the City Planner is hereby instructed to
cause the necessary map for publication to be prepared indicating the
zoning change herein approved and to furnish the same to the
Department of Law and, upon receipt of such map, the Department of Law
is requested to prepare an ordinance amending Ordinance 543, as
amended, in accordance with this resolution
A roll call vote was taken on the foregoing resolution with the following result:
AYES Pastor, Duggan, Engebretson, Vandersloot and Brosnan
NAYS Walsh and Laura
The President declared the resolution duly adopted
Glenn Moon, 34661 Wood, Livonia, 48154, spoke regarding his
unhappiness with the minutes of the Public Hearing held on January 10, 2000 regarding
Petition 99-10-1-18 because of the way his comments were reflected
The following persons spoke in opposition to the change of zoning
requested in Petition 99-10-1-18 on behalf of Ward Evangelical Presbyterian Church
Debbie Kinde 16556 Bell Creek Lane, Livonia 48154
Dean Kerr, 16366 Bell Creek Lane, Livonia, 48154
32077
Kurt Kinde, 16556 Bell Creek Lane, Livonia, 48154
Scott Hakus, 16557 Bell Creek Lane, Livonia, 48154
Connie Roberts, 16711 Bell Creek Lane, 48154
Bill Fried, 16009 Riverside, Livonia, 48154
Mayor Kirksey spoke to the Council regarding the change of zoning
requested in Petition 99-10-1-18 He acknowledged the controversial nature of the
proposed changes but stated he would not stand in opposition to the petition
On a motion by Duggan, seconded by Engebretson, and unanimously
adopted, it was
#71-00 RESOLVED, that having considered a communication from
the City Planning Commission, dated November 30, 1999, which sets forth
its resolution 11-205-99 adopted on November 23, 1999, with regard to
Petition 99-10-1-18, submitted by Ward Evangelical Presbyterian Church,
on behalf of Phoenix Land Development, for a change of zoning of
property located on the Southeast corner of the intersection of Six Mile
and Farmington Roads, between Bloomfield Drive and Six Mile Road, in
the Northwest 1/4 of Section 15, from RUF to C-1 and R-81I, and the
Council having conducted a public hearing with regard to this matter on
January 10, 2000, pursuant to Council Resolution 825-99, the Council
does hereby refer this item to the Committee of the Whole for its report
and recommendation
A communication from the Planning Department, dated January 13, 2000,
re Petition 99-10-1-18 and the number of properties that are presently zoned R-81I,
High Rise Multiple Family Residential, which is the same classification proposed for a
portion of the Ward Presbyterian Church property, was received and placed on file for
the information of the Council
A communication from Keith and Mona Emerson, 18850 Levan, Livonia,
48152, received January 25, 2000, re their support of the proposed change of zoning at
the Ward Presbyterian Church site, was received and placed on file for the information
of the Council
4
tier
32078
A communication from Mae E Dietrich, 18741 Levan, Livonia, 48152,
received January 26, 2000, re her support of the proposed change of zoning at the
Ward Presbyterian Church site, was received and placed on file for the information of
the Council
On a motion by Engebretson, seconded by Duggan, and unanimously
adopted, it was
#72-00 RESOLVED, that having considered communications from
the City Planning Commission, dated November 10, 1999, which sets forth
its resolutions 11-190-99 and 11-191-99 adopted on November 9, 1999,
with regard to Petition 99-9-2-28, submitted by Modern Moving Company
requesting waiver use approval to permit outdoor parking of moving
company vehicles on property located on the south side of Eight Mile
Road between Merriman Road and Osmus Avenue in the Northeast 1/4 of
Section 3, and also having considered a separate communication from the
City Planning Commission, dated November 10, 1999, and the Council
having conducted a public hearing with regard to this matter on January
10, 2000, pursuant to Council Resolution 824-99, the Council does hereby
refer this item to the Committee of the Whole for its report and
recommendation
On a motion by Duggan, seconded by Engebretson, and unanimously
adopted, it was
#73-00 RESOLVED, that having considered a communication from
the City Planning Commission, dated November 10, 1999, which sets forth
its resolution 11-190-99 adopted on November 9, 1999, with regard to
Petition 99-9-2-28, submitted by Modern Moving Company requesting
waiver use approval to permit outdoor parking of moving company
vehicles on property located on the south side of Eight Mile Road between
Merriman Road and Osmus Avenue in the Northeast 1/4 of Section 3, and
the Council having conducted a public hearing with regard to this matter
on January 10, 2000, pursuant to Council Resolution 824-99, the Council
does hereby refer the matter of the barbed wire fence on top of the chain
link fence surrounding the subject property to the Inspection Department
for its report and recommendation
Councilmember Pastor left the podium at 9 47 p m due to a conflict of interest.
REVISED
32079
On a motion by Laura, seconded by Duggan, and unanimously adopted, it
was.
#74-00 RESOLVED, that having considered a communication from the
Department of Law, dated January 17, 2000, approved for submission by the
Mayor, regarding Petition 96-7-1-15, submitted by the City Planning Commission,
proposing to rezone the Ardmore property located at 19810 and 19734
Farmington Road in the West 1/2 of Section 3, the Council does hereby refer the
matter of the possible rezoning of the Ardmore property to the Committee of the
Whole for its report and recommendation
A roll call vote was taken on the foregoing resolution with the following result:
AYES Walsh, Duggan, Laura, Engebretson, Vandersloot and Brosnan
NAYS None
The President declared the resolution duly adopted
Councilmember Pastor returned to the podium at 9.48 p m.
On a motion by Duggan, seconded by Pastor, and unanimously adopted,
it was
#75-00 RESOLVED, that having considered a communication from the
City Librarian, dated December 29, 1999, 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 various gifts and cash
donations, in the total amount of $1,725 00, from the sources indicated therein
for use by the Livonia Public Library as indicated in the aforesaid communication,
FURTHER, the Council does hereby appropriate and credit the amount of
$1,725 00 to Account No 702-000-285-271 for the purposes as designated by
the donors
On a motion by Duggan, seconded by Engebretson, and unanimously adopted,
this 1409` Regular Meeting of the Council of the City of Livonia was adjourned at 9 49 p m ,
January 26, 2000
•0 0 vl; Th4 '.
J.-n McCotter, City Clerk