HomeMy WebLinkAboutCOUNCIL MINUTES 2000-02-09 32082
MINUTES OF THE ONE THOUSAND FOUR HUNDRED TENTH
REGULAR MEETING OF FEBRUARY 9. 2000
On February 9, 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 8 00 p m
Councilmember Duggan delivered the invocation He also called for a
moment of silence in memory of Jerry Raymond, a former councilmember from the City
of Livonia
Roll was called with the following result: Brian Duggan, Joe Laura, Jack
Engebretson, Val I Vandersloot, John J Walsh and Maureen Miller Brosnan
Absent: John Pastor out-of-town on business
Elected and appointed officials present: Jack E Kirksey, Mayor; Robert
Schron, City Engineer; Mark Taormina, City Planner; Catherine White, City Attorney;
Joan McCotter, City Clerk, Robert Beckley, Director of Public Works, Karen Szymula,
Director of Legislative Affairs, Alan Brandemihl, Battalion Chief/Training Coordinator;
and Ian Wilshaw, Traffic Commission
On a motion by Duggan, seconded by Vandersloot, and unanimously
adopted, it was
#76-00 RESOLVED, that the minutes of the 1,409th Regular Meeting
of the Council held January 26, 2000 are hereby approved as submitted
Council President Brosnan recognized the presence at the meeting of Boy
Scout Troop #900 from Mount Hope Congregational Church She also mentioned the
Charity Dance benefiting the First Step Organization that was held at Burton Manor on
February 4, 2000, and recognized Councilmember Brian Duggan for his efforts
regarding this event.
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On a motion by Duggan, seconded by Vandersloot, and unanimously
adopted, it was
#77-00 RESOLVED, that having considered an application from
Amy Fogle, 9870 Henry Ruff, dated January 8, 2000, requesting
permission to close Henry Ruff between Orangelawn and Robert on
Saturday, June 3, 2000, from 2 00 p m to 10 00 p m for the purpose of
conducting a block party, the Council does hereby grant permission as
requested, including therein permission to conduct the said affair on
Saturday, June 10, 2000, in the event of inclement weather, the action
taken herein being made subject to the approval of the Police Department.
#78-00 RESOLVED, that having considered a letter from the
Secretary of the Livonia Woodcarvers Club, dated January 11, 2000, in
connection with the 26th Annual Woodcarving Show to be conducted at
Eddie Edgar Arena on August 5 and 6, 2000, and which requests
permission to display temporary advertising signs from July 29 through
August 6, 2000, which signs will be displayed in the following locations
1 Inkster Road and Eight Mile Road, S W corner
2 Inkster Road on Grand River Blvd, W side
3 Inkster Road and Long, S W corner
4 Inkster Road and Seven Mile Road, N W corner
5 Inkster Road and Six Mile Road, N W corner
6 Inkster Road and Five Mile Road, N W corner
7 Inkster Road and Schoolcraft, N W corner
8 Inkster Road and Schoolcraft, S W corner
9 Inkster Road and Plymouth, S W corner
10 Inkster Road and West Chicago Island
11 Inkster Road and Joy Road, N W corner
12 Joy Road and Harrison, N E corner
13 Middlebelt and Joy, N E corner
14 Middlebelt and West Chicago, N E corner
15 Middlebelt and Plymouth, N E corner
16 Middlebelt and Plymouth, S W corner
17 Middlebelt and Schoolcraft Island, S E corner
18 Middlebelt and Schoolcraft Island, N E corner
19 Middlebelt and Five Mile Road, N E corner
20 Middlebelt and Six Mile Road, N E corner
21 Middlebelt and Seven Mile Road, N E corner
22 Middlebelt and Eight Mile Road, S E corner
23 Middlebelt and Eight Mile Road, S W corner
24 Merriman and Eight Mile Road, S W corner
25 Merriman and Seven Mile Road, N W corner
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26 Merriman and Six Mile Road, N W corner
27 Merriman and Five Mile Road, N W corner
28 Merriman and Schoolcraft, N E corner
29 Merriman and Plymouth, N W corner
30 Merriman and Joy, N W corner
31 Farmington Road and Joy, N E corner
32 Farmington Road and Plymouth, N E corner
33 Farmington Road and Schoolcraft, N W corner
34 Farmington Road and Five Mile Road, N E corner
35 Farmington Road and Six Mile Road, N E corner
36 Farmington Road and Seven Mile Road, N W corner
37 Farmington Road and Eight Mile Road, S W corner
38 Newburgh and Eight Mile Road, S W corner
39 Newburgh and Seven Mile Road, N W corner
40 Newburgh and Six Mile Road Island West
41 Newburgh and Five Mile Road, S W corner
42 Newburgh and Schoolcraft, S W corner
43 Newburgh and Plymouth, S W corner
44 Newburgh and Ann Arbor Trail, S W corner
45 Newburgh and Joy, N W corner
46 Joy Road and Hix, N W corner
47 Haggerty and Joy, N E corner
48 Haggerty and Ann Arbor Road, S E corner
49 Haggerty and Plymouth, S E corner
50 Haggerty and Plymouth, N E corner
51 Haggerty and Schoolcraft, N E corner
52 Haggerty and Five Mile Road, S E corner
53 Haggerty and Six Mile Road, S E corner
54 Haggerty and Seven Mile Road, S E corner
55 Haggerty and Eight Mile Road, S E corner
the Council does hereby approve and grant this request in the manner and
form herein submitted, FURTHER, the Council does hereby determine
that this request shall receive a Category III application pursuant to the
City of Livonia Fees/Waivers Four Category Grid dated February 8, 1993,
as established in Council Resolution 371-93, adopted on May 5, 1993
#79-00 RESOLVED, that having considered a letter from Jennifer R
Boros, Chairperson, representing the Sacred Heart Byzantine Catholic
Church, dated January 16, 2000, which requests permission to place
fourteen 20" x 20" signs announcing the Sacred Heart Mom-to-Mom Sale
to be held on Saturday, March 18, 2000, which signs shall be installed on
March 10, 2000, at the following intersections
Middlebelt Road
Southwest corners of Five Mile, Six Mile, Seven Mile and Eight Mile
Roads
REVISED
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Southeast corners of Five Mile, Six Mile, Seven Mile and Eight Mile Roads
Northwest corners of Five Mile and Six Mile Roads
Northeast corners of Six Mile and Seven Mile Roads
Inkster Road.
Southwest corner of Six Mile Road
Northwest corner of Six Mile Road
and all signs to be removed no later than March 19, 2000, the Council does
hereby grant and approve this request in the manner and form herein requested
#80-00 RESOLVED, that having considered a communication from the
City Assessor, dated January 11, 2000, approved for submission by the Mayor,
with regard to a request from Pardonnet Management Company, 48755 Ten Mile
Road, Novi, Michigan 48374, 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 46-105-
99-0038-001 into two (2) parcels, the legal descriptions of which shall read as
follows
Parcel "A"
The North 200 feet of the west 542.68 feet of the east 602.68 feet of the south
one half of the northeast 1/4 of Section 27, T 1 S , R. 9 E , City of Livonia, Wayne
County, Michigan, except the following parcel described as. Beginning at a point
on the west line of Merriman Road (120 feet wide) distant N 00° 02' 20" W
1153 73 feet along the east line of said Section 27 and N 89° 09' 50" W 60 01
feet from the east 1/4 corner of said Section 27, proceeding thence from this point
of beginning N 89° 09' 50" W 502.00 feet; thence S 00° 02' 20" E 30 01 feet;
thence S 89° 09' 50" E 502 00 feet to said west line of Merriman Road, then N
00° 02' 20" W 30 01 feet along said west line to the point of beginning Parcel
contains 2 146 acres and is subject to an easement in the west 11 feet thereof
and in the south 11 feet of the east 29 68 feet of the west 40 68 feet thereof for
mutual ingress, egress and vehicular parking and easements, right and
restrictions of record
Parcel "B"
The North 200 feet of the west 372.32 feet of the east 975 feet of the south one
half of the northeast 1/4 of Section 27, also the south 200 feet of the north 400 feet
of the west 475 feet of the east 975 feet of the south one half of the northeast 'A
of Section 27, T 1 S , R 9 E , City of Livonia, Wayne County, Michigan, except
the following parcel described as Beginning at a point on the west line of
Merriman Road (120 feet wide) distant N , 00° 02' 20" W 1123 73 feet along the
east line of said Section 27 and N 89° 09' 50" W 500 feet from the east 1/4 corner
of said Section 27, proceeding thence from this point of beginning S 00° 02' 20"
E 30 00 feet; thence N 89° 09' 50" W 62 00 feet; thence N 00° 02' 20" W
30 00 feet; thence S 89° 09' 50" E 62.00 feet; to the point of beginning Parcel
contains 3 847 acres and is subject to an easement in the east 11 feet of the
north 211 feet thereof and in the north 11 feet of the east 40 68 feet of the west
413 feet of the south 200 feet thereof for mutual ingress, egress and
vehicular parking and easements, rights and restrictions of record
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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 until a variance
is granted by the Zoning Board of Appeals as to every nonconforming lot
resulting from such split, none of said lots may be sold, leased or
transferred
#81-00 RESOLVED, that having considered the report and
recommendation of the City Clerk, dated January 24, 2000, which bears
the signature of the Director of Finance, and to which is attached
proposed Maintenance and Licensing Agreements for the City's election
equipment and software, the Council does hereby approve the attached
Agreements between the City of Livonia and Election Systems &
Software, 601 28th Avenue South, Waite Park, Minnesota 56387, to
provide the City with various services related to its election equipment
and software as follows
1 A Hardware Maintenance Agreement for the Optech IVC-400 in
the amount of $1,500 00 for a one-year period beginning April 1,
2000 through March 31, 2001,
2 A Hardware Maintenance Agreement for forty-six (46) Optech IIIP
Eagle units and one (1) Memory Pack Reader in the amount of
$300 00 per unit, for a total amount of $14,100 00, for a two-year
period beginning April 1, 2000 through March 31, 2002, and
3 A Software License Agreement for the Auto Election Returns
Operation Software, in the amount of $1,500 00, and Election
Management Software, in the amount of $1,500 00, for a total
amount of$3,000 00, for a one-year period beginning April 1, 2000
through March 31, 2001,
and the Mayor and City Clerk are hereby authorized, for and on behalf of
the City of Livonia, to execute these contracts with the aforesaid company,
subject to approval as to form by the City Attorney, and to do all other
things necessary or incidental to the full performance of this resolution,
FURTHER, the Council does hereby appropriate and authorize the
expenditure of a sum of $18,600 00 from the General Fund Unexpended
Fund Balance for this purpose, FURTHER, the Council does hereby
authorize the action herein without competitive bidding in accordance with
the provisions set forth in Section 3 04 140D2 and 4 of the Livonia Code of
Ordinances, as amended
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#82-00 RESOLVED, that the Council does hereby refer the matter of
who is responsible for keeping track of the expiration of city contracts to
the Department of Law for a report and recommendation
Sibp
#83-00 RESOLVED, that having considered the report and
recommendation of the Director of Inspection, dated January 18, 2000,
which bears the signature of the Director of Finance and is approved for
submission by the Mayor, the Council does hereby approve the extension
of the Weed Cutting Contract 99-A, commencing January 1, 2000, and
expiring on December 31, 2000, with Michigan Grounds Management,
14931 Farmington Road, Livonia, Michigan 48154, under the same rates,
terms and conditions as the 1999 contract; FURTHER, the Council does
hereby authorize an advance in the contract amount from the Municipal
Refuse Fund Account for the purpose of making payments to the
contractor as the work is completed, with the provision that the Municipal
Refuse Fund Account be reimbursed as bills for weed cutting are
collected, and the Director of Inspection is hereby authorized to approve
minor adjustments in the work as it becomes necessary; and the City
Clerk is hereby authorized to do all things necessary or incidental to the
full performance of this resolution, FURTHER, the Council does hereby
authorize the action herein without competitive bidding in accordance with
Section 04 140D4 of the Livonia Code of Ordinances, as amended
#84-00 RESOLVED, that having considered a letter from the
Michigan Liquor Control Commission, dated September 9, 1999, and the
report and recommendation of the Chief of Police, dated January 6, 2000,
approved for submission by the Mayor, with regard to an application from
Uncles & Nephews, Inc to transfer location of a 1999 SDD and SDM
licensed business with Sunday Sales Permit from 29623-29633 W Eight
Mile Road, Livonia, Michigan 48152, Wayne County, to 19618 Middlebelt,
Livonia, Michigan 48154, Wayne County, the Council does hereby
determine that it has no objection to approval of the said request
inasmuch as the same would meet all local statutory and ordinance
requirements, and the City Clerk is hereby requested to forward a certified
copy of this resolution to the Michigan Liquor Control Commission
#85-00 RESOLVED, that having considered a letter from the
Michigan Liquor Control Commission, dated October 12, 1999, and the
report and recommendation of the Chief of Police, dated January 6, 2000,
approved for submission by the Mayor, the Council does hereby
determine that it has no objection to and does recommend approval of the
request from Meijer, Inc for a new SDM License to be located at 13000
Middlebelt Road, Livonia, Michigan 48150-2211 , Wayne County; and the
City Clerk is hereby requested to forward a certified copy of this resolution
to the Michigan Liquor Control Commission
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#86-00 RESOLVED, that having considered the report and
recommendation of the Director of Public Works and the Superintendent
of Public Service, dated January 20, 2000, which bears the signature of
the Director of Finance and is approved for submission by the Mayor, the
Council does hereby authorize the purchase of gasoline and diesel fuel for
tank wagon metered (5,000 gallons or less) through the Tri-County Public
Purchasing Cooperative (TCPPC) from Atlas Oil Company, 24501 Ecorse
Road, Taylor, Michigan 48180, for the period February 1, 2000 through
January 31, 2002 for the unit price of $0 16855 per gallon markup for
unleaded regular, unleaded premium, and #2 diesel and $0 19355 per
gallon markup for#2 premium diesel, FURTHER, the Council does hereby
authorize the purchase of diesel fuel and gasoline for truck transport
unmetered (over 5,000 gallons) through the Tri-County Public Purchasing
Cooperative (TCPPC) from Barrick Enterprises, Inc., 4307 Delemere
Court, Royal Oak, Michigan 48073, for the period February 1, 2000
through January 31, 2002 for the unit price bid of $0 01815 per gallon
markup for unleaded regular and unleaded premium, $0 02565 per gallon
markup for #2 diesel and $0 03565 per gallon markup for #2 premium
diesel, FURTHER, the Council does hereby determine to authorize the
said purchases 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 Water and Sewer Board, dated January 20,
2000, re request to refer the subject of the Water Distribution System Improvement
Project to the Water, Sewer and Waste Committee, was received and placed on file for
the information of the Council
#87-00 RESOLVED, that having considered the report and
recommendation of the Director of Public Works and the City Engineer,
dated January 5, 2000, which bears the signature of the Director of
Finance, is approved as to form by the City Attorney and approved for
submission by the Mayor; a subsequent communication from the City
Engineer, dated January 14, 2000, and a letter from Victoria J Holland,
Engineer of Traffic Operations, Wayne County Division of Roads, dated
December 22, 1999, to which is attached a proposed agreement between
Millennium Park, L L C , the City of Livonia and the County of Wayne
regarding the installation of traffic signals at the eastbound and westbound
service drives of the Jeffries Expressway and and the main drive to
Millennium Park, east of Middlebelt, and having considered the necessity
for such traffic signal installations, the Council does hereby authorize the
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said traffic installations, with Millennium Park, L L C assuming 100% of
the installation cost and the City of Livonia assuming 100% of the annual
maintenance and energy costs for such traffic signal, and the Mayor and
City Clerk are hereby authorized to execute the attached agreement, for
and on behalf of the City of Livonia, in the manner and form herein
submitted, and the City Clerk is hereby requested to forward a certified
copy of this resolution, together with the signed agreements, to the Wayne
County Division of Roads
#88-00 WHEREAS, Edward N Hines Drive in the City of Livonia,
Wayne County, Michigan, is a County road under the jurisdiction of Wayne
County; and
WHEREAS, the Wayne County Department of Public Services is
proposing a project to resurface Edward N Hines Drive from Newburgh to
Joy; and
WHEREAS, the Wayne County Internal Resurfacing Program Guidelines
call for cities to contribute one-third of the estimated cost for resurfacing
projects, and
WHEREAS, the cost for the 2000 Internal Resurfacing Program has been
tow estimated at $96,000 00 per lane mile and the local city share has been
estimated at $32,000 00 per lane mile, and
WHEREAS, the total cost for resurfacing Edward N Hines Drive from
Newburgh to Joy has been estimated at $480,000 00 and the City of
Livonia share has been established at $160,000 00,
NOW, THEREFORE, BE IT RESOLVED, that the Livonia City Council
does on this 24th day of February, 2000, take this means to express its
desire to join with Wayne County in proceeding with a project to resurface
Edward N Hines Drive from Newburgh to Joy, and furthermore, does
hereby approve and authorize payment of the City's share of $160,000 00
in the manner set forth in the Wayne County Internal Resurfacing Program
Guidelines, dated December 24, 1999,
FURTHER, the Council does hereby appropriate and authorize the
expenditure of the sum of $160,000 00 from the $12 Million Road
Improvement Obligation Bond Issue for this purpose
#89-00 RESOLVED, that having considered the report and
recommendation of the Director of Public Works and the City Engineer,
dated January 11, 2000, which bears the signature of the Director of
Finance and is approved for submission by the Mayor, regarding
additional work required in connection with the contract for engineering
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services for the resurfacing of Plymouth Road from Inkster Road to
Farmington Road, previously authorized in Council Resolution 300-99,
adopted on May 5, 1999, the Council does hereby appropriate and
imp authorize the expenditure of the additional sum of $13,500 00 from the
General Obligation Road Improvement Bond Issue to be paid to Orchard,
Hiltz & McCliment, Inc , 34935 Schoolcraft Road, Livonia, Michigan 48150,
for this additional work.
#90-00 RESOLVED, that having considered the report and
recommendation of the City Engineer, dated January 18, 2000, approved
by the Director of Public Works and approved for submission by the
Mayor, regarding replacement and/or construction of new sidewalks in the
City of Livonia pursuant to the 1999 Sidewalk Repair Program (Contract
99-B) at the locations and in the amounts indicated in the attachment to
the aforesaid communication, which work was done pursuant to Council
Resolution No 172-99 adopted on March 24, 1999, and in accordance
with the provisions of Section 12 04 340 of Chapter 4 of Title 12 of the
Livonia Code of Ordinances, as amended, the City Treasurer is hereby
directed to send a statement of charges to all property owners in the
amounts listed above in accordance with Section 3 08 150 of Title 3,
Chapter 8 of the Livonia Code of Ordinances, as amended, and the
Council does hereby establish the evening of April 5, 2000, at 8.00 p m at
the Livonia City Hall, 33000 Civic Center Drive, Livonia, Michigan, as the
time and place when the Council shall meet for the purpose of adopting a
resolution placing a special assessment upon said properties for such
charges unless the same are paid prior to the date of such meeting, and
the City Clerk and City Treasurer are hereby requested to do all things
necessary or incidental to the full performance of this resolution
#91-00 RESOLVED, that having considered a communication from
the City Planning Commission, dated January 17, 2000, which transm'ts
its resolution 01-02-2000 adopted on January 11, 2000, with regard to
Petition 99-11-8-30 submitted by Medora Building Company, on behalf of
Commercial Lawnmower, requesting site plan approval in connection with
a proposal to renovate the exterior elevations of the commercial building
located at 32098 Plymouth Road in the Southeast 1/4 of Section 27,
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 99-11-8-30 is hereby approved and
granted, subject to the following conditions
1 That the Site Plan marked Sheet SD-1, prepared by GAV
Associates, dated November 8, 1999, as revised, is hereby
approved and shall be adhered to,
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2 That the Landscape Plan marked Sheet SD-1, prepared by GAV
Associates, dated November 5, 1999, as revised, is nereuy
approved and shall be adhered to,
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, and all planted materials shall be installed to the
satisfaction of the Inspection Department and thereafter
permanently maintained in a healthy condition,
5 That the Exterior Building Elevation Plan marked Sheet A-2,
prepared by GAV Associates, dated November 8, 1999, as revised,
is hereby approved and shall be adhered,
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 brick used in the construction of the building, and
the enclosure gates shall be maintained and, when not in use,
closed at all times,
8 That the entire parking lot shall be resealed and double striped to
the satisfaction of the Inspection Department;
9 That no outdoor storage, placement or display of merchandise shall
be permitted at any time on this site, and
10 That no signs, either freestanding or wall mounted, are approved
with this petition, all such signage shall be separately submitted for
review and approval by the Planning Commission and City Council
#92-00 RESOLVED, that having considered a communication from
Councilmember Joe Laura, dated January 24, 2000, the Council does
hereby refer the subject of e-mail access for City Council members to the
Capital Improvement Committee for its report and recommendation
#93-00 WHEREAS, the City Clerk has received an Application for
Industrial Facilities Exemption Certificate from Patricia Paruch of Kemp,
Klein, Umphrey & Endelman, P C , on behalf of Technicolor Videocassette
of Michigan, Inc , dated January 24, 2000, covering new industrial facilities
to be located within City of Livonia Industrial Development District 72,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
LIVONIA that it determines as follows
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1 The City Clerk shall provide copies of the said Application to the
legislative bodies of the governmental units deriving property taxes
from the property that will be affected, as required by Act 198, P.A.
1974, as amended
2 The City Clerk shall contact each of the affected taxing units, and (i)
indicate the Council's interest in this matter, and (ii) assist these
taxing units in collecting such information as may be necessary to
determine their respective opinions on this Application, and (iii)
advise the said taxing units of this Council's desire to hold a hearing
on this Application on Monday, March 20, 2000, at TOO p m at the
Livonia City Hall, 33000 Civic Center Drive, Livonia, Michigar
3 The Council hereby sets Monday, March 20, 2000, at 7 00 p m at
the Livonia City Hall, 33000 Civic Center Drive, Livonia, Michigan,
as the date, time and place for conducting a hearing on said
Application
#94-00 WHEREAS, the City Clerk has received an Application for
Industrial Facilities Exemption Certificate from Evan D Lyall, Treasurer,
Roush Industries, Inc , on behalf of Roush Technologies, Inc., dated
January 26, 2000, covering new industrial facilities to be located within
City of Livonia Industrial Development District 51,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
LIVONIA that it determines as follows
1 The City Clerk shall provide copies of the said Application to the
legislative bodies of the governmental units deriving property taxes
from the property that will be affected, as required by Act 198, P.A.
1974, as amended
2 The City Clerk shall contact each of the affected taxing units, and (i)
indicate the Council's interest in this matter, and (ii) assist these
taxing units in collecting such information as may be necessary to
determine their respective opinions on this Application, and (iii)
advise the said taxing units of this Council's desire to hold a hearing
on this Application on Monday, March 20, 2000, at 7 00 p m at the
Livonia City Hall, 33000 Civic Center Drive, Livonia, Michigan
3 The Council hereby sets Monday, March 20, 2000, at 7 00 p m at
the Livonia City Hall, 33000 Civic Center Drive, Livonia, Michigan,
as the date, time and place for conducting a hearing on said
Application
#95-00 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 (MSA 5 2934, MCLA 125 584), as well as
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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 Mondey,
March 20, 2000, at 7 00 p m at the City Hall, 33000 Civic Center Drive,
Livonia, Michigan, with respect to the following items
(1) Petition 99-12-1-21, submitted by James M Szkrybalo, on behalf of
Barbara Murphy-McEwen, for a change of zoning of property
located on the west side of Fairfield Avenue between Five Mile
Road and Meadowbrook Lane in the Northwest 1/4 of Section 22
from R-7 to R-C, the City Planning Commission in its resolution 01-
14-2000 having recommended to the City Council that Petition 99-
12-1-21 be approved, and
(2) Petition 99-11-1-20, submitted by Leo Soave Builders, for a change
of zoning of property located on the south side of Six Mile Road
between Oporto Street and Middlebelt Road in the Northeast 1/4 of
Section 14 from RUFA to R-1, the City Planning Commission in its
resolution 01-13-2000 having recommended to the City Council that
Petition 99-11-1-20 be denied,
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 changes 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 the full
performance of this resolution
A roll call vote was taken on the foregoing resolutions with the following result:
AYES Duggan, Laura, Engebretson, Vandersloot, Walsh and Brosnan
NAYS None
On a motion by Duggan, seconded by Walsh, and unanimously adopted, it
was
#96-00 RESOLVED, that having considered the report and
recommendation of the Committee of the Whole, dated January 24, 2000,
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submitted pursuant to Council Resolution 17-00, and a communication
from the Personnel Director, dated January 4, 2000, approved by the
Director of Finance and approved for submission by the Mayor, and a
subsequent communication from the Personnel Director, dated February
4, 2000, approved for submission by the Mayor Pro Tem, and which sets
forth a resolution adopted by the Civil Service Commission on January 20,
2000, wherein it is recommended that the attached proposed agreement
between the City of Livonia and the Livonia Supervisory and Technical
Chapter of Local 1917, and its affiliated Council 25, American Federation
of State, County & Municipal Employees, AFL-CIO, be approved for the
period December 1, 1998, through November 30, 2001, and the
necessary amendments to the Compensation Plan, the Insurance and
Disability Plans and the Retirement Ordinance be adopted so as to
effectuate the provisions set forth in the aforesaid agreement, the Council
does hereby approve of and concur in the aforesaid action of the Civil
Service Commission, and the Mayor and City Clerk are hereby requested
to affix their signatures to the said contract, 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 Engebretson, seconded by Walsh, and unanimously
adopted, it was
#97-00 RESOLVED, that having considered the report and
recommendation of the Committee of the Whole, dated January 24, 2000,
submitted pursuant to Council Resolution 16-00, and a request from
Council President Maureen Miller Brosnan with respect to the subject of
high-tech communications, the Council does hereby refer the subject of
how the City's Telecommunications Ordinance does or does not apply to
Metricom, Inc to the Department of Law for its report and
recommendation
A communication from the Department of Law, dated July 19, 1999, re
City regulation of mechanical amusement devices, was received and placed on file for
the information of the Council (CR 447-99 and 457-99)
On a motion by Walsh, seconded by Laura, it was
#98-00 RESOLVED, that having considered the report and
recommendation of the Legislative Committee, dated January 25, 2000,
submitted pursuant to Council Resolution 457-99, and a letter from Harry
Rodgers, 34697 Pembroke Drive, Livonia, Michigan 48152, dated June 7,
1999, requesting the prohibition of violence-oriented video games found in
public places, such as video arcades, restaurants, bowling alleys, etc , in
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the City of Livonia, the Council does hereby refer the matter of raising the
age limit for entry into a game room containing mechanical amusement
devices and mandating direct parental supervision of minors in such
establishments to the Department of Law to prepare an appropriate
Ordinance amendment to Section 5 30 110 of the Livonia Code of
Ordinances for submission to Council
A roll call vote was taken on the foregoing resolution with the following result:
AYES Duggan, Laura, Engebretson, Walsh and Brosnan
NAYS Vandersloot
The President declared the resolution duly adopted
On a motion by Walsh, seconded by Laura, and unanimously adopted, it
was
#99-00 RESOLVED, that having considered the report and
recommendation of the Legislative Committee, dated January 25, 2000,
submitted pursuant to Council Resolution 457-99, and a letter from Harry
Rodgers, 34697 Pembroke Drive, Livonia, Michigan 48152, dated dune 7,
1999, requesting the prohibition of violence-oriented video games found in
public places, such as video arcades, restaurants, bowling alleys, etc., in
the City of Livonia, the Council does hereby request that the Department
of Law draft correspondence on behalf of the City Council to appropriate
state and federal legislators regarding placing additional restrictions on the
video gaming industry to address the problem of the proliferation of violent
video games in public establishments
On a motion by Walsh, seconded by Laura, and unanimously adopted, it
was
#100-00 RESOLVED, that having considered the report and
recommendation of the Legislative Committee, dated January 25, 2000,
submitted pursuant to Council Resolution 457-99, and a letter from Harry
Rodgers, 34697 Pembroke Drive, Livonia, Michigan 48152, dated June 7,
1999, requesting the prohibition of violence-oriented video games found in
public places, such as video arcades, restaurants, bowling alleys, etc , in
the City of Livonia, the Council does hereby refer the subject of available
options, if any, for reviewing, restricting and/or prohibiting violence-
oriented video games to the Department of Law for its report and
recommendation
32096
A communication from the Department of Public Safety, Division of Police,
dated June 7, 1999, re possession and/or use of gamma-hydroxybutyrate (G H B ),
was received and placed on file for the information of the Council (CR 246-99)
On a motion by Walsh, seconded by Duggan, and unanimously adopted, it
was
#101-00 RESOLVED, that having considered the report and
recommendation of the Legislative Committee, dated January 25, 2000,
submitted pursuant to Council Resolution 246-99, and the report and
recommendation of the Department of Law, dated March 26, 1999,
approved for submission by the Mayor, regarding the possession and/or
use of gamma-hydroxybutyrate ("C H B "), the Council does hereby
determine to take no further action with respect to this matter
On a motion by Walsh, seconded by Duggan, and unanimously adopted, it
was
#102-00 RESOLVED, that having considered the report and
recommendation of the Legislative Committee, dated January 25, 2000,
submitted pursuant to Council Resolution 183-99, regarding the issue of
false alarm charges and late fees, the Council does hereby refer this
matter to the Department of Law to prepare for submission to Council an
amendment to Section 5 06 070 of the Livonia Code of Ordinances which
would provide for 1) graduated fines for multiple false alarms in one year,
2) interest to accrue on past due fines, 3) the use of any reasonable
means to collect such fines, and 4) a process by which such fines may be
appealed
On a motion by Walsh, seconded by Laura, and unanimously adopted, it
was
#103-00 RESOLVED, that having considered the report and
recommendation of the Legislative Committee, dated January 25, 2000,
submitted pursuant to Council Resolution 466-99, and the report and
recommendation of the City Clerk, dated June 11, 1999, requesting an
amendment to Chapter 6 06 (Cats) of the Livonia Code Ordinances, as
amended, to be compatible with the proposed amendments to Chapter
6 04 (Dogs) and new State-mandated law, and further requesting
increases in the fees for animal licenses and in light of the fact that the
Dog and Cat ordinances thus amended provide that Council will set the
32097
regular fee by ordinance, with related license fees thereafter determined
by formula, the Council does hereby take this means to establish for
purposes of Sections 6 04 130 and 6 06 070 of the Livonia Code of
Ordinances, as amended, the regular fee of $7 50 for each animal to be
licensed
A communication from the Department of Public Works, Public Service
Division, dated February 2, 2000 re recommendation to increase license fees for dogs,
cats and ferrets, was received and placed on file for the information of the Council
On a motion by Walsh, seconded by Duggan, and unanimously adopted, it
was
#104-00 RESOLVED, that having considered the report and
recommendation of the Legislative Committee, dated January 25, 2000,
submitted pursuant to Council Resolution 550-99, and a communication
from the Department of Law, dated July 29, 1999, approved for
submission by the Mayor, regarding the subject of the possible licensing
or regulation of pot-bellied pigs, the Council does hereby refer the subject
of complaints received concerning animals other than cats and dogs
during the past three years, to the Inspection Department for its report and
recommendation
On a motion by Walsh, seconded by Duggan, and unanimously adopted, it
was
#105-00 RESOLVED, that having considered the report and
recommendation of the Legislative Committee, dated January 25, 2000,
submitted pursuant to Council Resolution 550-99, and a communication
from the Department of Law, dated July 29, 1999, approved for
submission by the Mayor, regarding the subject of the possible licensing
or regulation of pot-bellied pigs, the Council does hereby refer this subject
to the Department of Law for a legal opinion on whether existing City
ordinances prohibit the keeping of pot-bellied pigs as household pets
On a motion by Walsh, seconded by Laura, and unanimously adopted, it
was
#106-00 RESOLVED, that having considered the report and
recommendation of the Legislative Committee, dated January 25, 2000,
submitted pursuant to Council Resolution 550-99, and a communication
from the Department of Law, dated July 29, 1999, approved for
32098
submission by the Mayor, regarding the subject of the possible licensing
or regulation of pot-bellied pigs, the Council does hereby determine to
take no further action on this matter
On a motion by Engebretson, seconded by Walsh, and unanimously
adopted, it was
#107-00 RESOLVED, that having considered a letter from the
President of Hearts of Livonia, dated January 11, 2000, the Council does
hereby determine as follows
1 That Hearts of Livonia is a worthy non-profit charity in the
community;
2 That the City of Livonia shall be one of the co-sponsors of the 2000
Golf Day Benefit,
3 That Hearts of Livonia is hereby granted approval to use the
Whispering Willows, Fox Creek and Idyl Wyld Municipal Golf
Courses on Tuesday, August 15, 2000, for the 23rd annual golf
outing, and
4 That Hearts of Livonia is hereby granted approval to display
banners on Five Mile and Farmington Roads from July 22, 2000,
through August 21, 2000, at no additional cost to Hearts of Livonia,
which signs shall be removed by August 22, 2000
A communication from the Department of Law, dated February 8, 2000,
re possible conflict of interest existing when councilmembers are members of boards
of service organizations, was received and placed on file for the information of the
Council
On a motion by Duggan, seconded by Vandersloot, and unanimously
adopted, it was
#108-00 RESOLVED, that having considered a letter from the
Michigan Liquor Control Commission, dated October 26, 1999, and the
report and recommendation of the Chief of Police, dated January 6, 2000,
approved for submission by the Mayor, the Council does hereby approve
of the request from GMRI, Inc. (a Florida Corporation) for transfer of
ownership of a 1993 Class C License (in escrow) with entertainment
32099
permit without dressing rooms from China King Restaurant, Inc. for a
business located at 19600 Haggerty, Livonia, Michigan 48152, Wayne
County; to transfer location (governmental unit) (MCL 436 1531(1)) from
2077 Rawsonville, Belleville, Michigan 48111, Van Buren Township,
Wayne County, to 19600 Haggerty, Livonia, Michigan 48152, Wayne
County; and for a new outdoor service permit (2) and an additional bar
permit; 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 Department of Law, dated February 3, 2000,
re the matter of escrowed Class C Liquor Licenses, was received and placed on file for
the information of the Council
On a motion by Vandersloot, seconded by Duggan, and unanimously
adopted, it was
#109-00 RESOLVED, that having considered a communication from
the City Planning Commission, dated January 17, 2000, which transmits
its resolution 01-03-2000, adopted on January 11, 2000, with regard to
Petition 99-11-SN-12, submitted by Millennium Park, L L C , on behalf of
Home Depot, requesting approval for signage for the commercial building
located at 13500 Middlebelt Road in the Northwest 1/4 of Section 25, the
Council does hereby concur in the recommendation of the Planning
Commission and hereby approves Petition 99-11-SN-12, subject to the
following conditions
1 That the Sign Package submitted by Millennium Park, L L C , as
received by the Planning Commission on November 16, 1999, is
hereby approved and shall be adhered to,
2 That all signage for this store shall not be illuminated beyond one
(1) hour after this business closes, and
3 That any additional signage shall come back before the Planning
Commission and City Council for their review and approval
On a motion by Duggan, seconded by Vandersloot, and unanimously
adopted, it was
#110-00 RESOLVED, that having considered a communication from
the City Planning Commission, dated January 17, 2000, which transmits
its resolution 01-04-2000, adopted on January 11, 2000, with regard to
32100
Petition 99-11-SN-13, submitted by Millennium Park, L L C , on behalf of
Meijer, Inc , requesting approval for signage for the commercial building
located at 13000 Middlebelt Road in the Northwest 1/4 of Section 25, the
Council does hereby concur in the recommendation of the Planning
Commission and hereby approves Petition 99-11-SN-13, subject to the
following conditions
1 That the Sign Package submitted by Millennium Park, L.L.0 , as
received by the Planning Commission on November 16, 1999, is
hereby approved and shall be adhered to,
2 That all signage for this store shall not illuminated beyond one (1)
hour after this business closes, and
3 That any additional signage shall come back before the Planning
Commission and City Council for their review and approval
Marvin Walkon, representative of Millennium Park, L L.0 , spoke to the
Council regarding a change of tenant numbers from eight to six in item number 9 of
Petition 99-11-8-28 for property located at 13500 Middlebelt.
On a motion by Duggan, seconded by Laura, and unanimously adopted, it
was
#111-00 RESOLVED, that having considered a communication from
the City Planning Commission, dated January 17, 2000, which transmits
its resolution 01-11-2000 adopted on January 11, 2000, with regard to
Petition 99-11-8-28 submitted by Millennium Park, L L C , requesting site
plan approval in connection with a proposal to construct a commercial
building (Millennium Park Building I) on property located at 13500
Middlebelt, as amended, the Council does hereby concur in the
recommendation of the Planning Commission and Petition 99-11-8-28 is
hereby approved and granted, subject to the following conditions
1 That the Site Plan marked Sheet SPA-1 dated November 8, 1999,
prepared by Rogvoy Architects, is hereby approved and shall be
adhered to,
2 That the Landscape Plan marked Sheet SPA-2 dated November 8,
1999, prepared by Design Team, is hereby approved and shall be
adhered to,
32101
3 That all disturbed lawn areas shall be sodded in lieu of
hydroseeding,
4 That underground sprinklers are to be provided for all new
landscaped and sodded areas, and all planted materials shall be
installed to the satisfaction of the Inspection Department and
thereafter permanently maintained in a healthy condition,
5 That the Exterior Building Elevation Plan marked Sheet SPA-5A
dated December 29, 1999, prepared by Rogvoy Architects, is
hereby approved and shall be adhered,
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 brick used in the construction of the building, and
the enclosure gates shall be maintained and, when not in use,
closed at all times,
8 That the petitioner shall correct to the satisfaction of the Inspection
Department the following site deficiency as outlined in the
correspondence date November 9, 1999 that the required
accessible parking spaces shall be installed according to the
current BOCA codes,
9 That the 16,400 sq ft. building shall be restricted to no more than
six (6) tenants, and
10 That no signs, either freestanding or wall mounted, are approved
with this petition, all such signage shall be separately submitted for
review and approval by the Planning Commission and City Council
On a motion by Walsh, seconded by Vandersloot, it was
#112-00 RESOLVED, that having considered a communication from
the City Planning Commission, dated January 13, 2000, which transmits
its resolution 01-01-2000 adopted on January 11, 2000, with regard to
Petition 99-11-8-29 submitted by DeMattia Associates, on behalf of the
Livonia YMCA, requesting site plan approval in connection with a proposal
to construct an addition to the facility located at 14255 Stark Road in the
Southeast 1/4 of Section 21 , 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-
• 29 is hereby approved and granted, subject to the following conditions
tor
32102
1 That the Site Plan marked Sheet A-1, prepared by DeMattia
Associates, dated December 15, 1999, as revised, is hereby
approved and shall be adhered to,
2 That all disturbed lawn areas shall be sodded in lieu of
hydroseeding,
3 That the Exterior Building Elevation Plan marked Sheet A-3,
prepared by DeMattia Associates, dated December 15, 1999, as
revised, is hereby approved and shall be adhered,
4 That all approvals are based on the petitioner providing the City of
Livonia with an agreement for shared parking between the YMCA
and Frost School,
5 That the parking area designated in the agreement shall be
resealed and double striped, and
6 That no signs, either freestanding or wall mounted, are approved
with this petition, all such signage shall be separately submitted for
review and approval by the Planning Commission and City Council
A roll call vote was taken on the foregoing resolution with the following result:
AYES Engebretson, Vandersloot, Walsh, and Brosnan
NAYS Duggan and Laura
The President declared the resolution duly adopted
A communication from the Department of Law, dated February 8, 2000,
re no potential conflict of interest existing when councilmembers are members of
boards of service organizations, was received and placed on file for the information of
the Council
On a motion by Vandersloot, seconded by Engebretson, and unanimously
adopted, it was
#113-00 RESOLVED, that having considered a communication from
the B C./Training Coordinator, Department of Public Safety - Fire &
Rescue, dated January 19, 2000, which bears the signature of the Director
of Finance and is approved for submission by the Mayor, the Council
32103
does, for and on behalf of the City of Livonia, accept a cash donation in
the amount of $2,500 00 from Lake Pointe Yacht Club, Inc., the same to
be deposited in and credited to the Capital Outlay/Firefighting Account
#101-338-979-000 to be used for safety equipment for the Firefighters.
Battalion Chief/Training Coordinator Alan Brandemihl extended his thanks
to the Lake Pointe Yacht Club for their generous donation of $2,500 00 for safety
equipment for the Firefighters
Council President Brosnan extended a "Happy Birthday" to her mother-in-
law, Bridget Brosnan, who will celebrate her birthday on February 10, 2000
On a motion by Engebretson, seconded by Duggan, and unanimously
adopted, this 1410th Regular Meeting of the Council of the City of Livonia was adjourned
at 8 39 p m., February 9, 2000
79'Z6 (6-)
47444_
oan McCotter, City Clerk