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HomeMy WebLinkAboutCOUNCIL MINUTES 2005-07-06 39228 MINUTES OF THE ONE THOUSAND FIVE HUNDRED FORTIETH REGULAR MEETING OF JULY 6, 2005 On July 6, 2005, 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 Godfroid-Marecki delivered the invocation Roll was called with the following result Terry Godfroid-Marecki, James McCann, Thomas Robinson, Donald Knapp, Brian Meakin, Frank J Kokenakes and Gerald Taylor Absent: None Elected and appointed officials present: Robert Schron, City Engineer; Mark Taormina, City Planner; Sean Kavanagh, City Attorney; Val Vandersloot, City Clerk, Jim Zoumbaris, Superintendent of Public Service, Ian Wilshaw, Traffic Commission and State Representative John Pastor On a motion by Knapp, seconded by Kokenakes, and unanimously adopted, it was CR 326-05 RESOLVED, that the minutes of the 1,539th Regular Meeting of the Council held June 20, 2005 are hereby approved as submitted During the audience communication portion of the agenda, Councilmember Kokenakes announced that the "Music Under the Stars" program will begin on Friday, July 8 at Civic Center Park, and this concert will be the first of the summer series A communication from the Department of Finance, dated June 20, 2005, re forwarding various financial statements of the City of Livonia for the month ending May 31, 2005, was received and placed on file for the information of the Council Regular Meeting of July 6, 2005 39229 REVISED PAGE A communication from the Public Service Division, dated July 5, 2005, re additional Capital Outlay Equipment purchases for the 2005 Fiscal Year was received and placed on file for the information of the Council (Agenda Items #13, 14 and 15) On a motion by Robinson, seconded by Knapp, it was CR 327-05 RESOLVED, that having considered an application from Lauri Nelson, 9951 Fremont, dated June 10, 2005, requesting permission to close Fremont between Orangelawn and Robert Drive on Saturday, August 27, 2005, from 10 00 a 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, September 17, 2005, in the event of inclement weather, the action taken herein being made subject to the approval of the Police Department. CR 328-05 RESOLVED, that having considered an application from Gisele T Sidor, 36026 Dover, dated June 14, 2005, requesting permission to close Dover between Linville and Crown on Saturday, August 27, 2005, from 8 00 a 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 Sunday, August 28, 2005, in the event of inclement weather, the action taken herein being made subject to the approval of the Police Department. CR 329-05 RESOLVED, that having considered an application from Connie Myler, 16899 Westbrook, dated June 7, 2005, requesting permission to close Westbrook between Whitcomb and Mallory Court on Saturday, August 20, 2005, from 4.00 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, August 27, 2005, in the event of inclement weather, the action taken herein being made subject to the approval of the Police Department. CR 330-05 RESOLVED, that having considered an application from Phyllis Heavenridge, 9246 Woodring, dated June 17, 2005, requesting permission to close Woodring between Vermont and Oregon on Saturday, August 6, 2005, from 1 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 Sunday, August 7, 2005, in the event of inclement weather, the action taken herein being made subject to the approval of the Police Department. Regular Meeting of July 6, 2005 39230 CR 331-05 RESOLVED, that having considered a letter from Stephanie Skaggs, Chairperson, St. Aidan Church Craft Show, dated June 14, 2005, which requests permission to display 35 signs announcing St. Aidan's 22nd Annual Craft Show to be held on Saturday, October 15, 2005, which signs are to be 18" x 24" in size and which will be displayed at various locations in the City from Sunday, October 9, 2005 through Sunday, October 16, 2005, and permission for a 4' x 4' sign on church property displayed from October 1, 2005 through October 17, 2005, the Council does hereby grant and approve this request in the manner and form herein submitted, with the understanding that the City is not responsible should the signs be removed by Wayne County CR 332-05 RESOLVED, that having considered a letter from Bo Yang, 33790 Norfolk, dated June 6, 2005, requesting that the ordinance (Section 9 80 020 of the Livonia Code of Ordinances) prohibiting teenagers under the age of 17 from being in a public place after midnight without a parent or guardian, be amended, the Council does hereby determine to take no further action with regard to this matter CR 333-05 RESOLVED, that having considered a letter from Jeannie Maciejewski, 28010 Buckingham, dated June 20, 2005, requesting to purchase a portion of Hillcrest Park located immediately behind the residential property located at 19507 Bainbridge Avenue in the Southwest 1/4 of Section 2, the Council does hereby determine to deny this request. CR 334-05 RESOLVED, that having considered a communication from the City Assessor, dated June 15, 2005, approved for submission by the Mayor, with regard to a request from Leo Soave of Leo Soave Building, 20592 Chestnut Circle, Livonia, Michigan 48152, and in accordance with the provisions of 1967 PA 288, as amended, as well as Section 18 46 of Ordinance No 543, as amended, the Council does hereby approve of the proposed division of Tax Item No 46-093-99-0011-000 into four parcels, including a parcel for the dedication of road right-of-way, the legal descriptions of which shall read as follows PARCEL A The North 85 feet of that part of the N E 1/4 of Section 24, T1S , R9E , City of Livonia, Wayne County, Michigan, described as beginning at a point distant South 89 degrees 49 minutes 00 seconds West 658 00 feet, and South 00 degrees 19 minutes 30 seconds East 990 00 feet from the N E corner of said Section 24 and proceeding thence South 00 degrees 19 minutes 30 seconds East 85 00 feet; thence South 89 degrees 49 minutes 00 seconds West 361 51 feet; thence North 00 degrees 24 minutes 15 seconds West 85 00 feet; thence North 89 degrees 49 minutes 00 seconds East 361 63 feet to the point of beginning Containing 0 71 Acres Regular Meeting of July 6, 2005 39231 PARCEL B Part of the N E 1/4 of Section 24, T 1 S , R.9 E , City of Livonia, Wayne County, Michigan described as beginning at a point distant South 89 degrees 49 minutes 00 seconds West 658 00 feet, and South 00 degrees 19 minutes 30 seconds East 990 00 feet, South 89 degrees 49 minutes 00 seconds West 361 63 from the N E corner of said Section 24, and proceeding thence South 00 degrees 24 minutes 15 seconds East 85 00 feet; thence South 89 degrees 49 minutes 00 seconds West 120 00 feet; thence North 00 degrees 24 minutes 15 seconds West 85 00 feet; thence North 89 degrees 49 minutes 00 seconds East 120 00 feet to the point of beginning Containing 0 23 Acres PARCEL C Part of the N E 1/4 of Section 24 , T 1 S , R.9 E City of Livonia, Wayne County, Michigan, described as beginning at a point distant South 89 degrees 49 minutes 00 seconds West 658 00 feet, and South 00 degrees 19 minutes 30 seconds East 990 00 feet, South 89 degrees 49 minutes 00 seconds West 541 63 from the N E corner of said Section 24, and proceeding thence South 00 degrees 24 minutes 15 seconds East 85 00 feet; thence South 89 degrees 49 minutes 00 seconds West 120 00 feet; thence North 00 degrees 24 minutes 15 seconds West 85 00 feet; thence North 89 degrees 49 minutes 00 seconds East 120 00 feet to the point of beginning Containing 0 23 Acres ROAD PARCEL Part of the N E 1/4 of Section 24 , T 1 S , R.9 E , City of Livonia, Wayne County, Michigan, described as beginning at a point distant South 89 degrees 49 minutes 00 seconds West 658 00 feet, and South 00 degrees 19 minutes 30 seconds East 990 00 feet, South 89 degrees 49 minutes 00 seconds West 481 63 from the N E corner of said Section 24, and proceeding thence South 00 degrees 24 minutes 15 seconds East 85 00 feet; thence South 89 degrees 49 minutes 00 seconds West 60 00 feet; thence North 00 degrees 24 minutes 15 seconds West 85 00 feet; thence North 89 degrees 49 minutes 00 seconds East 60 00 feet to the point of beginning Containing 0 12 Acres as shown on the map attached to the aforesaid communication which is made a part hereof by reference, FURTHER, in accordance with Section 16 32 030 of the Livonia Code of Ordinances, as amended, and Section 18 46 of Zoning Ordinance No 543, as amended, the Council does hereby waive the minimum lot width and area requirements set forth in Zoning Ordinance No 543, as amended, with respect to this property division, 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 Regular Meeting of July 6, 2005 39232 A communication from the Office of the City Clerk, dated June 13, 2005, with an attachment from the Wayne County Regional Educational Service Agency (RESA), re requesting that their levy be collected as a summer tax and that their two (2) millage rates be identified separately on property tax bills, was received and placed on file for the information of the Council A communication from the Office of the City Clerk, dated June 20, 2005, with an attachment from the Oakland School District re requesting the City to levy their millage for Special Education, Vocational Education and General Education as a summer tax, was received and placed on file for the information of the Council (CR 729-01) A communication from the Office of the City Clerk, dated June 20, 2005, with an attachment from the Director of Assessment and Equalization at Wayne County, re notifying City and Township Clerks, Assessors and Treasurers to include in summer tax levy one third of Wayne County Charter Millage Rate, was received and placed on file for the information of the Council CR 335-05 RESOLVED, that having considered the report and recommendation of the Fire Chief, dated June 2, 2005, which bears the signatures of the Director of Public Safety and the Director of Finance and is approved for submission by the Mayor, to which is attached a communication from Allie Brothers, dated March 28, 2005, wherein it is indicated that Allie Brothers has offered to extend the prices bid in 2003 through May 1, 2007, the Council does hereby accept the quote submitted by Allie Brothers, 20295 Middlebelt, Livonia, Michigan 48152, for supplying the Fire Department with uniforms and related uniform items for the period May 1 , 2005 to May 1, 2007 at the same unit prices previously accepted in Council Resolution 174-03, from funds already budgeted in Account No 101-338-768-000 for this purpose CR 336-05 RESOLVED, that having considered a communication from the Water and Sewer Board, dated June 7, 2005, which bears the signature of the Director of Finance and is approved for submission by the Regular Meeting of July 6, 2005 39233 Mayor, which transmits its resolution WS 3585 06/05, wherein the Board concurs in the recommendation made by the Public Utility Manager in a letter dated May 12, 2005, attached thereto, the Council does hereby accept the bid of Wolverine Tractor and Equipment Company, 25900 West Eight Mile Road, Southfield, Michigan 48034, for supplying the Public Service Division (Water and Sewer Section) with one (1) Case 580SM (Series 2) loader backhoe for a net price of $52,000 00, based on a total price of $66,000 00 less trade-in of $14,000 00, the same having been in fact the lowest bid received and meets all specifications CR 337-05 RESOLVED, that having considered a communication from the Water and Sewer Board, dated June 7, 2005, which bears the signature of the Director of Finance and is approved for submission by the Mayor, which transmits its resolution WS 3586 06/05, wherein the Board concurs in the recommendation made by the Public Utility Manager in a letter dated May 20, 2005, attached thereto, the Council does hereby accept the bid of Motor City Trucks, 39300 Schoolcraft Road, P 0 Box 511107, Livonia, Michigan 48151, for supplying the Public Service Division (Water and Sewer Section) with one (1) 2006 Sterling tandem axle dump truck, Model LT8513 for a net price of $60,495 00, based on a total price of $81,995 00 less trade-in of $21,500 00, the same having been in fact the lowest and only bid received and meets all specifications CR 338-05 RESOLVED, that having considered a communication from the Water and Sewer Board, dated June 7, 2005, which bears the signature of the Director of Finance and is approved for submission by the Mayor, which transmits its resolution WS 3587 06/05, wherein the Board concurs in the recommendation made by the Public Utility Manager in a letter dated May 23, 2005, attached thereto, the Council does hereby authorize the purchase of the following vehicles from Gorno Ford, 22025 Allen Road, Woodhaven, Michigan 48183 five (5) 3/4 ton 4x4 extended cab pickups with 8-foot boxes in the amount of $101,210 00 and two (2) 3/4 ton cargo vans in the amount of $28,174 00, for a total amount of $129,384 00 for the Public Service Division (Water and Sewer Section) from funds already budgeted in Account No 592-559-142-000 (Capital Outlay-Water and Sewer Sections) for this purpose, FURTHER, the Council does hereby determine to authorize the said purchases without competitive bidding inasmuch as the same is based upon the low State of Michigan bid price (under Contract No 071B4200123), as well as for the additional 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 CR 339-05 RESOLVED, that having considered a communication from the City Planning Commission, dated May 31, 2005, which transmits its resolution 05-60-2005, adopted on May 24, 2005, with regard to Petition Regular Meeting of July 6, 2005 39234 2005-05-SN-04, submitted by General Properties Company, requesting approval for an entrance marker for the Whispering Woods Apartments located at 31200 Morlock, on the east side of Merriman Road between Fargo Avenue and Eight Mile Road in the Northwest 1/4 of Section 2, the Council does hereby concur in the recommendation of the Planning Commission and Petition 2005-05-SN-04 is hereby approved and granted, subject to the following conditions 1 That the Sign Plan marked A-1 dated April 27, 2005, prepared by DesRosiers Architects, is hereby approved and shall be adhered to, 2 That this approval is based on the Petitioner completing all elements of the referenced plan, including the walls, fencing, pillars and gatehouse, 3 That any additional signage shall come back before the Planning Commission and City Council for their review and approval, 4 That this approval is subject to the petitioner being granted a variance from the Zoning Board of Appeals for the gatehouse, excess signage and any conditions related thereto, and 5 That the specific plans referenced in this approving resolution shall be submitted to the Inspection Department at the time the sign permits are applied for CR 340-05 RESOLVED, that having considered a communication from the City Planning Commission, dated June 9, 2005, which transmits its resolution 06-64-2005 adopted on June 7, 2005, with regard to Petition 2005-05-08-11 submitted by PFC Sales, on behalf of Abbey Flooring & Design, requesting site plan approval in connection with a proposal to construct an addition and renovate the exterior of the commercial building located at 17200 Farmington Road, on the east side of Farmington Road between Six Mile Road and Curtis Road in the Southwest 1/4 of Section 10, pursuant to the provisions set forth in Section 18 58 of Zoning Ordinance No 543, as amended, the Council does hereby concur in the recommendation of the Planning Commission and Petition 2005-05-08-11 is hereby approved and granted, subject to the following conditions 1 That the Site Plan marked Sheet Al 1 dated May 16, 2005, as revised, prepared by SDA Architects, is hereby approved and shall be adhered to, 2 That appropriate recordable legal instrumentation, such as a cross parking agreement, that gives notice and outlines the terms of how the subject property(s) would share parking, be supplied to the City; Regular Meeting of July 6, 2005 39235 3 That the Landscape Plan marked Sheet Al 2 dated May 16, 2005, as revised, prepared by SDA Architects, is hereby approved and shall be adhered to, except that the Petitioner shall work with the Planning Department to add landscaping along Farmington Road, 4 That the height of the planted trees shall be measured from the top of the root ball to the mid-point of the top leader; 5 That all disturbed lawn areas shall be sodded in lieu of hydroseeding, 6 That underground sprinklers are to be provided for all landscaped and sodded areas, and all planted materials shall be installed to the satisfaction of the Inspection Department and thereafter permanently maintained in a healthy condition, 7 That the Exterior Building Elevation Plan marked Sheet A3 dated May 16, 2005, as revised, prepared by SDA Architects, is hereby approved and shall be adhered to, 8 That the cultured stone used in the construction shall meet ASTM C216 standards, 9 That all rooftop mechanical equipment shall be concealed from public view on all sides by screening that shall be of a compatible character, material and color to other exterior materials on the building, 10 That the three walls of the trash dumpster area shall match that of the building, and the enclosure gates shall be maintained and when not in use closed at all times, 11 That the petitioner shall correct to the Fire Department's satisfaction the items outlined in the correspondence dated May 19, 2005, 12 That only conforming signage is approved with this petition, and any additional signage shall be separately submitted for review and approval by the Planning Commission and City Council, 13 That no LED lightband or exposed neon shall be permitted on this site including, but not limited to, the building or around the windows, and Regular Meeting of July 6, 2005 39236 14 That the specific plans referenced in this approving resolution shall be submitted to the Inspection Department at the time the building permits are applied for CR 341-05 RESOLVED, that having considered the report and recommendation of the Department of Law, dated June 17, 2005, referencing Michigan Public Service Commission Case No U-14235, in which Consumers Energy Company seeks a certificate of public convenience and necessity to construct and operate the Northville to Newburgh Road pipeline, pursuant to which Consumers Energy Company seeks permanent and temporary easements across certain City-owned property described therein (Newburgh Village expansion property), the Council does hereby authorize and approve the Option for Easement Agreement with Consumers Energy Company, One Energy Plaza, Jackson, Michigan 49201-2276 for the consideration of $30,000 00, and does authorize and grant the aforesaid easements to Consumers Energy Company upon the payment of an additional $170,000 00 (such amount to be paid on or before January 31, 2006), the action herein being taken in order to best serve the interests of the community, and the amount of $200,000 00 is hereby authorized to be deposited into Capital Projects Fund 401 to be used for future capital projects, FURTHER, the Council does hereby authorize the Mayor and City Clerk, for and on behalf of the City of Livonia, to execute said Option for Easement, as well as the attached Easement and Temporary Working Agreement, subject to approval as to form by the Department of Law; and the City Clerk is hereby requested to do all things necessary or incidental to the full performance of this resolution CR 342-05 RESOLVED, that having considered the report and recommendation of the Department of Law, dated June 8, 2005, approved for submission by the Mayor, with regard to the proposed repeal of Chapter 8 30 of the Livonia Code of Ordinances (Smoking in Public Places) due to the adoption of the Wayne County Clean Indoor Air Regulation which became effective June 15, 2005, and requesting the referral of this matter to the Civil Service Department for development of a written smoking policy and to the Public Service Division for review of appropriate signage within City buildings in compliance with Section 1010 of the regulation, the Council does hereby refer this item to the Legislative Committee for its report and recommendation CR 343-05 RESOLVED, that having considered a letter from David S Cash, Event Chairman, on behalf of the Rotary Club of Livonia, dated June 13, 2005, requesting permission to sell beer, to place a banner at the entrance to Rotary Park for a period not to exceed two weeks, and to place 18"x 28" wire mounted signs at various intersections of the City, announcing the Rotary Club of Livonia's Annual Bar-B-Que and Family Regular Meeting of July 6, 2005 39237 Fun Fest to be held at Rotary Park on Sunday, August 14, 2005, as a fund-raiser for Rotary Park and other Rotary community and international projects, the Council does hereby grant permission as requested, the action taken herein being subject to the following conditions 1 The Rotary Club of Livonia shall provide the City of Livonia with an appropriate insurance policy naming the City of Livonia as additional insured with liquor liability coverage in the amount of $1 million, and such certificate of insurance shall be submitted to the Department of Law for approval by the City prior to the event; 2 That all alcoholic beverages will be sold only by Rotarians and proof of legitimate drinking age will be required, 3 That alcoholic beverages will be served in a fenced off area, 4 That the Rotary Club will obtain a 24-hour Alcohol Sales Permit from the State of Michigan prior to this event, 5 That medical and security personnel shall be on site at all times, and 6 That the wire-mounted road signs will be installed on July 30, 2005 and removed by Monday, August 15, 2005, with the understanding that the City is not responsible should the signs be removed by Wayne County A roll call vote was taken on the foregoing resolutions with the following result: AYES Godfroid-Marecki, McCann, Robinson, Knapp, Meakin, Kokenakes and Taylor NAYS None Councilmember Kokenakes gave an update on the upcoming Super Bowl XL and how the City of Livonia can help in the participation of this event. This subject matter is to remain in the Economic Development, Community Outreach and School Liaison Committee A communication from the Department of Law, dated May 18, 2005, - Administrative Response — re numerous local noise ordinances from various communities, was received and placed on file for the information of the Council (CR 435-04) Regular Meeting of July 6, 2005 39238 On a motion by Knapp, seconded by Meakin, and unanimously adopted, it was CR 344-05 RESOLVED, that having considered the report and recommendation of the Legislative Committee, dated June 14, 2005, submitted pursuant to Council Resolution 435-04 in connection with the review of any and all ordinances as they pertain to noise, the Council does hereby refer the subject of greater enforceability of the Noise Ordinance to the Administration for its report and recommendation This subject matter is to remain in the Legislative Committee A communication titled Karoub Associates Legislative Update, dated June 8, 2005, re legislative activity in the Michigan Legislature relative to the state budget, revenue sharing, term limits, grants, and other issues, was received and placed on file for the information of the Council (CR 69-04) This subject matter is to remain in the Legislative Committee Councilmember McCann gave first reading to the following Ordinance AN ORDINANCE AMENDING SECTION 020 AND REPEALING SECTION 025 OF TITLE 9, CHAPTER 54 (TRESPASS) OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in the Office of the City Clerk and is the same as if word for word repeated herein The above Ordinance was placed on the table for consideration at the next regular meeting Councilmember Kokenakes gave first reading to the following Ordinance AN ORDINANCE ADDING SECTION 345 TO TITLE 12, CHAPTER 04 (STREETS AND SIDEWALKS) OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED Regular Meeting of July 6, 2005 39239 The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in the Office of the City Clerk and is the same as if word for word repeated herein The above Ordinance was placed on the table for consideration at the next regular meeting On a motion by Knapp, seconded by Robinson, and unanimously adopted, it was CR 345-05 WHEREAS, pursuant to Act No 198 of the Public Acts of 1974, as amended, this Council has the authority to establish industrial development districts within the boundaries of the City of Livonia, and WHEREAS, a proposal was made regarding the establishment of an industrial development district encompassing land situated in the City of Livonia and comprised of an area of approximately 0 98 acres lying in the Northeast 1/4 of Section 27, more particularly described in Exhibit A, attached hereto and incorporated by reference herein, which area is hereinafter referred to as "City of Livonia Industrial Development District No 99", and WHEREAS, written notice has been given by certified mail to Industrial Properties, LLC of the Council's pending action on this resolution and of its right to a hearing on the establishment of proposed City of Livonia Industrial Development District No 99, and WHEREAS, notice has been given to all interested owners, residents and taxpayers in the Livonia area of a public hearing on the establishment of the proposed City of Livonia Industrial Development District No 99, and WHEREAS, on June 13, 2005, a public hearing was held on the establishment of proposed City of Livonia Industrial Development District No 99, at which time Industrial Properties, LLC and other taxpayers and residents of the City of Livonia had an opportunity to be heard (a copy of the statements both written and oral made at such hearing being on file with this City Council), and a representative of Industrial Properties, LLC attended said hearing and acknowledged receipt of notice of such hearing on behalf of the said corporation, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF LIVONIA, AS FOLLOWS 1 An Industrial Development District is hereby established, such district to consist of the area described in Exhibit A, attached hereto Regular Meeting of July 6, 2005 39240 2 Such Industrial Development District is hereby designated as the "City of Livonia Industrial Development District No 99 " EXHIBIT A The W 19 ft. of Lot 10 and all of Lot 11 Paragon Technology Park L101 P59 T1 S R9E WCR. 0 98 Acres Councilmember Knapp stepped down from the podium at 8 18 p m to avoid a perceived conflict of interest. On a motion by Godfroid-Marecki, seconded by Meakin, it was CR 346-05 RESOLVED, that having considered a communication from the City Planning Commission, dated May 11, 2005, which sets forth its resolution 05-52-2005 adopted on May 10, 2005, with regard to Petition 2005-04-01-03, submitted by CADE Investments, LLC, for a change of zoning of property located at 36825 and 36905 Ann Arbor Trail, on the south side of Ann Arbor Trail between Newburgh Road and Dowling Avenue in the Northwest 1/4 of Section 32 from RUF to R-1, and the Council having conducted a public hearing with regard to this matter on June 13, 2005, the Council does hereby approve Petition 2005-04-01-03 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 No 543, as amended, in accordance with this resolution A roll call vote was taken on the forgoing resolution with the following result: AYES Godfroid-Marecki, McCann, Meakin, Kokenakes and Taylor NAYS Robinson The President declared the resolution duly adopted Councilmember Knapp returned to the podium at 8 20 p m On a motion by Knapp, seconded by Godfroid-Marecki, and unanimously adopted, it was CR 347-05 RESOLVED, that having considered a communication from the Director of Community Resources, dated June 16, 2005, 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, Regular Meeting of July 6, 2005 39241 accept a cash donation in the amount of $4,000 00 from the Danish Old Peoples Home Inc , Paul Carlsen, Treasurer, 36746 Marler Street, Livonia, Michigan 48154, the same to be deposited in and credited to Account No 702-000-285-216 for use in the Senior Citizens Program On a motion by McCann, seconded by Knapp, and unanimously adopted, it was CR 348-05 RESOLVED, that having considered a communication from the Department of Law, dated June 23, 2005, approved for submission by the Mayor, the Council does hereby amend and revise Council Resolution 296-05 so as to read as follows WHEREAS, the City of Livonia currently contributes a significant amount of funds to the Wayne County Transportation Authority for the operation of SMART (Suburban Mobility Authority for Regional Transportation), and WHEREAS, the City of Livonia could more efficiently utilize a portion of these funds for the Livonia Community Transit program, resulting in enhanced services to Livonia residents, and WHEREAS, in the event that the City withdraws from the Wayne County Transportation Authority as provided in MCL 124 458, a portion of the funds previously contributed to the Wayne County Transportation Authority for the operation of SMART could instead be utilized for the Livonia Community Transit program, as well as to provide additional revenues for capital improvements in the City, and would offer a solution to the critical budget challenges facing the City while at the same time result in a net decrease in taxes for Livonia residents, and WHEREAS, the Council of the City of Livonia has determined that, only if the City first withdraws from the Wayne County Transportation Authority, it will be necessary to levy and collect a tax of 0 5 of 1 mill on all real and personal property subject to taxation in the City of Livonia for the purpose of providing additional revenues for the Livonia Community Transit program as well as for capital improvements in the City, in addition to amounts previously authorized, NOW THEREFORE, BE IT RESOLVED, that the Council of the City of Livonia, by a three-fifths (3/5) vote of the members of said Council and pursuant to the provisions of Section 21 of Act 279 of the Public Acts of 1909, as amended, does hereby propose that the Livonia City Charter be amended by changing Section 1 in Chapter VIII, which changed Section shall read as follows Regular Meeting of July 6, 2005 39242 CHAPTER VIII GENERAL TAXATION Section 1 Power to Tax; Tax Limit. The City shall have the power to annually levy and collect taxes for municipal purposes, but such levy shall not exceed one-half (1/2) of one (1) per centum of the assessed value of all real and personal property subject to taxation in the City; provided, however, that in addition thereto the City shall have the power to annually levy and collect taxes each year, commencing on December 1, 1965, in an amount not to exceed one-tenth (1/10) of one (1) per centum of the assessed value of all real and personal property subject to taxation in the City for the sole and exclusive purpose of providing additional revenues for police protection and law enforcement personnel, equipment, supplies and facilities of the City; provided further, that in addition thereto, the City shall have the power to annually levy and collect taxes each year commencing on December 1, 1978 in an amount not to exceed fifteen one-hundredths (15/100) of one (1 ) per centum of the assessed value of all real and personal property subject to taxation in the City for the sole and exclusive purpose of providing additional revenues for fire, police and snow removal personnel, equipment, supplies and facilities of the City; provided further, that in addition thereto, the City shall have the power to annually levy and collect taxes each year commencing on December 1, 1984 in an amount not to exceed one-tenth (1/10) of one (1) per centum of the assessed value of all real and personal property subject to taxation in the City for the sole and exclusive purpose of providing additional revenues for library personnel, equipment, supplies and library facilities of the City; provided further, that in addition thereto, the City shall have the power to annually levy and collect taxes each year commencing on December 1,1990 in an amount not to exceed sixty-three one-thousandths (63/1000) of one (1) per centum of the assessed value of all real and personal property subject to taxation in the City for the sole purpose of defraying City expenses and liabilities for the collection and disposal activities required for curbside recycling and yard waste composting programs, provided further, that in addition thereto, the City shall have the power to annually levy and collect taxes each year commencing on December 1, 1999 in an amount not to exceed four-fiftieths (4/50) of one (1) per centum of the taxable value of all real and personal property subject to taxation in the City for the sole purpose of providing additional revenues for the establishment of a community recreation center and for recreation personnel, equipment, supplies, operations and facilities in the City; provided further, that in addition thereto, the City shall have the power to annually levy and collect taxes each year for a ten year period commencing on December 1, 2002 in an amount not to exceed eighty- nine one-thousandths (89/1000) of one (1) per centum of the taxable value of all real and personal property subject to taxation in the City for the sole purpose of providing additional revenues for repairing or replacing public Regular Meeting of July 6, 2005 39243 roads, sidewalks and trees within the City; provided, further, that in addition thereto, the City shall have the power, only if the City first withdraws from the Wayne County Transportation Authority (which funds are currently used in part for the operation of the Suburban Mobility Authority for Regional Transportation [SMART]), to annually levy and collect taxes each year commencing on July 1, 2006 in an amount not to exceed five one-hundredths (5/100) of one (1) per centum of the taxable value of all real and personal property subject to taxation in the City for the sole purpose of providing additional revenues for the City's community transit program and capital improvements within the City RESOLVED FURTHER, that the provisions of the existing section of the Charter of the City of Livonia which is altered, abrogated or affected by this proposal, if adopted, now reads as follows CHAPTER VIII GENERAL TAXATION Section 1 Power to Tax; Tax Limit. The City shall have the power to annually levy and collect taxes for municipal purposes, but such levy shall not exceed one-half (1/2) of one (1) per centum of the assessed value of all real and personal property subject to taxation in the City; provided, however, that in addition thereto the City shall have the power to annually levy and collect taxes each year, commencing on December 1, 1965, in an amount not to exceed one-tenth (1/10) of one (1) per centum of the assessed value of all real and personal property subject to taxation in the City for the sole and exclusive purpose of providing additional revenues for police protection and law enforcement personnel, equipment, supplies and facilities of the City; provided further, that in addition thereto, the City shall have the power to annually levy and collect taxes each year commencing on December 1, 1978 in an amount not to exceed fifteen one-hundredths (15/100) of one (1 ) per centum of the assessed value of all real and personal property subject to taxation in the City for the sole and exclusive purpose of providing additional revenues for fire, police and snow removal personnel, equipment, supplies and facilities of the City; provided further, that in addition thereto, the City shall have the power to annually levy and collect taxes each year commencing on December 1, 1984 in an amount not to exceed one-tenth (1/10) of one (1) per centum of the assessed value of all real and personal property subject to taxation in the City for the sole and exclusive purpose of providing additional revenues for library personnel, equipment, supplies and library facilities of the City; provided further, that in addition thereto, the City shall have the power to annually levy and collect taxes each year commencing on December 1,1990 in an amount not to exceed sixty-three one-thousandths (63/1000) of one (1) per centum of the assessed value of all real and Regular Meeting of July 6, 2005 39244 personal property subject to taxation in the City for the sole purpose of jo defraying City expenses and liabilities for the collection and disposal activities required for curbside recycling and yard waste composting programs, provided further, that in addition thereto, the City shall have the power to annually levy and collect taxes each year commencing on December 1, 1999 in an amount not to exceed four-fiftieths (4/50) of one (1) per centum of the taxable value of all real and personal property subject to taxation in the City for the sole purpose of providing additional revenues for the establishment of a community recreation center and for recreation personnel, equipment, supplies, operations and facilities in the City; provided further, that in addition thereto, the City shall have the power to annually levy and collect taxes each year for a ten year period commencing on December 1, 2002 in an amount not to exceed eighty- nine one-thousandths (89/1000) of one (1) per centum of the taxable value of all real and personal property subject to taxation in the City for the sole purpose of providing additional revenues for repairing or replacing public roads, sidewalks and trees within the City RESOLVED FURTHER, that the City Clerk shall forthwith transmit a copy of the proposed amendment to the Governor of the State of Michigan for her approval and transmit a copy of the proposed amendment and ballot question to the Attorney General of the State of Michigan for his approval as provided by law RESOLVED FURTHER, that the proposed Charter amendment shall be and the same is ordered to be submitted to the qualified electors of the City at the Regular City Election to be held on November 8, 2005, and the City Clerk is hereby directed to give notice of election and notice of registration therefor in the manner prescribed by law and to do all things and to provide all supplies necessary to submit such proposed Charter amendment to the vote of the electors as required by law RESOLVED FURTHER, that the proposed amendment shall be submitted to the electors in the following form, to wit: Shall the Livonia City Charter be amended for authority, only if Livonia first withdraws from the Wayne County Transportation Authority (which funds are currently used in part for the operation of the Suburban Mobility Authority for Regional Transportation [SMART]), to levy and collect annually commencing July 1, 2006, an additional tax not exceeding 0.5 of 1 mill for the City's community transit program and for capital improvements within the City? If levied in 2006, the estimated revenue in the first year from 0 5 of 1 mill would be approximately$2,395,311 00 Yes / / No / / Regular Meeting of July 6, 2005 39245 RESOLVED FURTHER, that the proposed amendment shall be published in full, together with the existing Charter provisions altered, abrogated or affected thereby, at least once in the official newspaper of the City of Livonia at least ten (10) days prior to said Regular City Election to be held on November 8, 2005 RESOLVED FURTHER, that the City Clerk be and is hereby ordered and directed to post within the voting booths and in the polling places in which said election is conducted, a verbatim statement of said proposed amendment and to post and publish such other notices or copies of the proposed amendment pertaining to the submission of said amendment in said election as may be required by law and to do and perform all necessary acts in connection with such election as may be required by law During the audience communication portion of the agenda at the end of the meeting, Councilmember Knapp wished a "Happy 1st Birthday" to his nephew, Andrew Hall, who celebrated his special day on July 5 On a motion by McCann, seconded by Meakin, and unanimously adopted, this 1,540th Regular Meeting of the Council of the City of Livonia was adjourned at 8 23 p m , July 6, 2005 at., 1//f-e60--6,"1fr- Val Vandersloot, City Clerk