HomeMy WebLinkAboutCOUNCIL MINUTES 2004-11-22 34912
MINUTES OF THE ONE THOUSAND FIVE HUNDRED TWENTY-FIFTH
REGULAR MEETING OF NOVEMBER 22, 2004
On November 22, 2004, 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 Robinson delivered the invocation
Roll was called with the following result: Thomas Robinson, Donald
Knapp, Brian Meakin, Frank J Kokenakes, James McCann and Gerald Taylor
Absent: Terry Godfroid-Marecki
Elected and appointed officials present: Mayor Jack Engebretson, John
Hill, Assistant City Engineer; Mark Taormina, City Planner; Sean Kavanagh, City
Attorney; Karen Tesner, Assistant City Clerk, Karen Szymula, Director of Legislative
Affairs, Robert Beckley, Director of Public Works, Linda McCann, Director of Community
Resources, Stan Dobis, Cable Television Commission and Ian Wilshaw, Traffic
Commission
On a motion by Knapp, seconded by Kokenakes, and unanimously
adopted, it was
CR 535-04 RESOLVED, that the minutes of the 1,524th Regular Meeting
of the Council held November 10, 2004 are hereby approved as
submitted
There was no audience communication
On a motion by Meakin, seconded by Knapp, it was
CR 536-04 RESOLVED, that having considered a letter from the
Michigan Liquor Control Commission, dated September 23, 2004, and the
report and recommendation of the Chief of Police, dated October 25,
2004, approved for submission by the Director of Public Safety and the
Mayor, the Council does hereby approve of the request from Claddagh
Pubs of College Park, LLC (an Ohio Limited Liability Company) for
transfer of ownership of a 2004 Class C Licensed Business (in Escrow)
from Dale Yee's Chow Mein, Inc., and transfer location from 31180 Five
Mile Road, Livonia, Michigan 48154, Wayne County; and request for a
Regular Meeting of November 22, 2004 34913
new Official Permit (Food) and new outdoor service (two areas) for a
business located at 17800 Haggerty 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
CR 537-04 RESOLVED, that having considered the report and
recommendation of the Director of Finance, approved for submission by
the Mayor, in connection with renewal options for the City's Liability and
Property Insurance Coverage, the Council does hereby authorize the
Mayor and City Clerk, for and on behalf of the City of Livonia, to execute a
contract with the Michigan Municipal Risk Management Authority, 14001
Merriman Road, Livonia, Michigan 48154, for the period December 1,
2004 to November 30, 2005, for the City's liability and property insurance
coverage for a total premium of $1 ,081,350 00 and for the period
December 1, 2005 to November 30, 2006, with a premium increase to be
based upon reinsurance increases incurred by MMRMA in 2005, not to
exceed ten percent, as detailed in the aforementioned report; and the
Director of Finance is hereby requested to do all other things necessary or
incidental to the full performance of this resolution
CR 538-04 RESOLVED, that having considered the report and
recommendation of the Director of Community Resources, dated October
22, 2004, 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 two (2) new 2003 24 ft. vehicles from the Suburban
Mobility Authority for Regional Transportation (SMART), First National
Building, 660 Woodward Avenue, Detroit, Michigan 48226, under its 80/20
program for use in connection with the Livonia Senior Center
Transportation Program, for the total amount of $25,304 00, FURTHER,
the Council does hereby accept a cash donation from Senior Citizen
Achievement Needs (SCAN) in the amount of $25,304 00 to be deposited
in Account No 702-285-216 (Senior Trust Fund) to cover the purchase of
these two new vehicles, FURTHER, the Council does hereby authorize an
expenditure in the amount of $25,304 00 from Account No 702-285-216
(Senior Trust Fund) for this purpose, and the Mayor and City Clerk are
hereby authorized to sign the attached addendum to the Community
Partnership Program previously executed between SMART and the City of
Livonia
CR 539-04 RESOLVED, that having considered the report and
recommendation of the Superintendent of Public Service and the Director
of Public Works, dated November 3, 2004, which bears the signature of
the Director of Finance and is approved for submission by the Mayor, the
Council does hereby accept the bid of Bill Brown Ford, 32222 Plymouth
Road, Livonia, Michigan 48150, for supplying the Public Service Division
Regular Meeting of November 22, 2004 34914
(Building Maintenance Section) with one (1) 2005 Ford E-456 SD
commercial cutaway van for a total price of $48,458 00, the same having
been in fact the lowest bid received with the 3% local bidders preference
applied per Section 3 04 140E of the Livonia Code of Ordinances, and
meets all specifications
CR 540-04 RESOLVED, that having considered a communication from
the City Planning Commission, dated November 4, 2004, which transmits
its resolution 10-136-2004, adopted on October 26, 2004, with regard to a
request to modify the landscaping at 37655 Six Mile Road and 17050
Laurel Park Drive South in the Northeast 1/4 of Section 18, in connection
with Petition 1984-07-02-26, submitted by Laurel Pointe, LLC, which
previously received waiver use approval by the City Council to construct a
restaurant and office building in Council Resolution 205-85, adopted on
March 27, 1985, the Council does hereby approve the revised
Landscaping Plan in connection with Petition 1984-07-02-26, subject to
the following conditions
1 That the Landscape Plan dated October 26, 2004, prepared by
Horizon Lawn Maintenance, Inc , is hereby approved and shall be
adhered to,
2 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;
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 petitioner shall correctto the Inspection Department's
satisfaction the following as outlined in the correspondence dated
September 30, 2004
• That several areas of the parking lot, east and west of the
restaurant, shall be repaired and double striped,
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,
7 That the Planning Department shall be contacted prior to the
construction so that it can monitor the construction activities, and
Regular Meeting of November 22, 2004 34915
8 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 541-04 RESOLVED, that having considered a communication from
the City Planning Commission, dated November 3, 2004, which transmits
its resolution 10-137-2004, adopted on October 26, 2004, with regard to
Petition 2004-09-SN-11, submitted by Laurel Pointe, LLC, requesting
signage approval for the commercial/office building located at 37655 Six
Mile Road, on the south side of Six Mile Road between Newburgh Road
and the 1-275/96 Expressway in the Northeast 1/4 of Section 18, the
Council does hereby concur in the recommendation of the Planning
Commission and Petition 2004-09-SN-11 is hereby approved and granted,
subject to the following conditions
1 That the Sign Package submitted by Laurel Pointe, LLC, as
received by the Planning Commission on October 28, 2004, is
hereby approved and shall be adhered to, except for the following
• That the area of the sign shall not exceed 40 square feet;
• That the sign shall not exceed 6 feet in height;
2 That this ground sign shall not be illuminated beyond one (1) hour
after this business closes,
3 That this approval is subject to the petitioner being granted a
variance from the Zoning Board of Appeals for excess signage and
any conditions related thereto,
4 That the brick on the base of the sign shall match that of the
existing building, 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 542-04 RESOLVED, that having considered a communication from
the City Planning Commission, dated November 4, 2004, which transmits
its resolution 10-138-2004, adopted on October 26, 2004, with regard to
Petition 2004-09-SN-12, submitted by Laurel Pointe, LLC, on behalf of the
Ground Round Restaurant, requesting signage approval for the restaurant
located at 17050 Laurel Park Drive South, on the south side of Six Mile
Road between Newburgh Road and the 1-275/96 Expressway in the
Northeast 1/4 of Section 18, the Council does hereby concur in the
Regular Meeting of November 22, 2004 34916
recommendation of the Planning Commission and Petition 2004-09-SN-12
is hereby approved and granted, subject: to the following conditions
1 That the Sign Package submitted by Laurel Pointe, LLC, as
received by the Planning Commission on October 28, 2004, is
hereby approved and shall be adhered to, except that the sign may
be illuminated,
2 That this ground sign shall not be illuminated beyond one (1) hour
after this business closes,
3 That the existing non-permitted ground/directional sign off Six Mile
Road near the east drive shall be removed, and
4 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 543-04 RESOLVED, that having considered a communication from
the Department of Law, dated October 28, 2004, which bears the
signature of the Director of Finance and is approved for submission by the
Mayor, submitted pursuant to Council Resolution 205-04, the Council does
hereby accept the offer of Mr Henry Kozyn, 28575 Broadmoor Avenue,
Livonia, Michigan 48154, to purchase approximately 140 0 feet of City-
owned property located at 15833 Harrison in the Southwest 1/4 of Section
13, further described as
A parcel of land in the Southwest 1/4 of Section 13, T 1 S ,
R 9 E , City of Livonia, described as beginning at a point
distant N 00°12'30" W , 1,321 32 feet and N 89°54'30" W ,
525 35 feet from the South 1/4 corner of Section 13 and
proceeding thence S 00°12'30" E , 13 56 feet, thence N
88°57'00" W , 140 02 feet; thence N 00°12'30" W , 11 22
feet; thence S 89°54'30" E , 140 00 feet to the point of
beginning containing 1 ,734 square feet (0 04 acres) -
(Sidwell No 46-051-99-0071-001)
for a total purchase price of $150 00, which sale is conditioned upon the
purchaser providing such title work as may be required for this transaction,
the action herein being taken in order to best serve the interests of the
community and in accordance with Section 3 05 090A of the Livonia Code
of Ordinances, as amended, and the Mayor and City Clerk are hereby
requested to execute a quit claim deed and such other documents as may
be necessary or incidental to fulfill the purpose of this resolution, and the
Department of Law is hereby requested to prepare and place in proper
form such legal documents as may be necessary to consummate this
REVISED - SEE BOLDED DATES
Regular Meeting of November 22, 2004 34917
transaction, and the City Clerk is hereby requested to have the same
recorded in the Office of the Register of Deeds and to do all other things
necessary or incidental to fulfill the purpose of this resolution
CR 544-04 RESOLVED, that having considered a communication from
the Department of Law, dated October 28, 2004, which bears the
signature of the Director of Finance and is approved for submission by the
Mayor, submitted pursuant to Council Resolution 206-04, the Council does
hereby accept the offer of Mr Thomas D Currie, 28543 Broadmoor
Avenue, Livonia, Michigan 48154, to purchase approximately 31 42 feet of
City-owned property located at 15833 Harrison in the Southwest 1/4 of
Section 13, further described as
A parcel of land in the Southwest 1/4 of Section 13, T 1 S , R. 9 E ,
City of Livonia, described as beginning at a point distant N
00°12'30" W , 1,321 32 feet and N 89°54'30" W , 481 47 feet from
the South 1/4 corner of Section 13 and proceeding thence S
00°1230" E , 14 30 feet; thence N 88°57'00" W , 43 89 feet; thence
N 00°12'30" W , 13 56 feet; thence S 89°54'30" E , 43 88 feet to
the point of beginning containing 611 square feet (0 01 acres) -
(Sidwell No 46-051-99-0071-001)
for a total purchase price of $75 00, which sale is conditioned upon the
purchaser providing such title work as may be required for this transaction,
the action herein being taken in order to best serve the interests of the
community and in accordance with Section 3 05 090A of the Livonia Code
of Ordinances, as amended, and the Mayor and City Clerk are hereby
requested to execute a quit claim deed and such other documents as may
be necessary or incidental to fulfill the purpose of this resolution, and the
Department of Law is hereby requested to prepare and place in proper
form such legal documents as may be necessary to consummate this
transaction, and the City Clerk is hereby requested to have the same
recorded in the Office of the Register of Deeds and to do all other things
necessary or incidental to fulfill the purpose of this resolution
CR 545-04 RESOLVED, that having considered a communication from
the Council President, dated November 8, 2004, to which is attached a
proposed schedule of Council Study and Regular Meetings for the period
January 1, 2005, through December 31, 2005, the Council does hereby
approve the following dates for City Council Meetings for 2005, subject to
change with notice
Study Meetings
Monday, January 3 JANUARY Regular Meetings
Monday, January 10
Wednesday, January 12 Monday, January 24
Regular Meeting of November 22, 2004 34918
FEBRUARY
Wednesday, February 2 Wednesday, February 9
Monday, February 14 Wednesday, February 23
MARCH
Monday, March 7 Wednesday, March 16
Monday, March 21 Wednesday, March 30
APRIL
Monday, April 4 Wednesday, April 13
Monday, April 18 Wednesday, April 27
MAY
Wednesday, May 4 Wednesday, May 11
Monday, May 16 Wednesday, May 25
JUNE
Wednesday, June 1 Wednesday, June 8
Monday, June 13 Monday, June 20
JULY
Monday, June 27 Wednesday, July 6
Monday, July 11 Wednesday, July 20
AUGUST
Monday, August 8 Monday, August 15
Monday, August 22 Wednesday, August 31
SEPTEMBER
Wednesday, September 7 Wednesday, September 14
Monday, September 19 Wednesday, September 28
OCTOBER
Monday, October 3 Wednesday, October 12
Monday, October 17 Wednesday, October 26
NOVEMBER
Wednesday, November 2 Monday, November 14
Monday, November 21 Wednesday, November 30
DECEMBER
Monday, December 5 Monday, December 12
Wednesday, December 14 Wednesday, December 21
A roll call vote was taken on the foregoing resolutions with the following
Regular Meeting of November 22, 2004 34919
result:
fl
AYES Robinson, Knapp, Meakin, Kokenakes, McCann and Taylor
NAYS None
Councilmember Knapp took from the table, for second reading and
adoption, the following Ordinance
AN ORDINANCE AMENDING SUBSECTION (4) AND
ADDING SUBSECTION (27) TO SECTION 2 08 OF
ARTICLE II OF ORDINANCE NO 543, AS AMENDED,
KNOWN AND CITED AS "THE CITY OF LIVONIA ZONING
ORDINANCE (Petition 2004-07-06-03)
A roll call vote was taken on the foregoing Ordinance with the following result:
AYES Robinson, Knapp, Meakin, Kokenakes, McCann and Taylor
NAYS None
The President declared the foregoing Ordinance duly adopted, and would
become effective on publication
Councilmember Knapp took from the table, for second reading and
adoption, the following Ordinance
AN ORDINANCE AMENDING SECTION 4 02 OF ARTICLE
IV OF ORDINANCE NO 543, AS AMENDED, KNOWN AND
CITED AS "THE CITY OF LIVONIA ZONING ORDINANCE
(Petition 2004-07-06-03)
A roll call vote was taken on the foregoing Ordinance with the following result:
AYES Robinson, Knapp, Meakin, Kokenakes, McCann and Taylor
NAYS None
The President declared the foregoing Ordinance duly adopted, and would
become effective on publication
Councilmember Knapp took from the table, for second reading and
Regular Meeting of November 22, 2004 34920
adoption, the following Ordinance
AN ORDINANCE AMENDING SECTION 5 02 OF ARTICLE
V OF ORDINANCE NO 543, AS AMENDED, KNOWN AND
CITED AS "THE CITY OF LIVONIA ZONING ORDINANCE
(Petition 2004-07-06-03)
A roll call vote was taken on the foregoing Ordinance with the following result:
AYES Robinson, Knapp, Meakin, Kokenakes, McCann and Taylor
NAYS None
The President declared the foregoing Ordinance duly adopted, and would
become effective on publication
Councilmember Knapp took from the table, for second reading and
adoption, the following Ordinance
AN ORDINANCE ADDING SUBSECTION (m) TO SECTION
9 03 OF ARTICLE IX OF ORDINANCE NO 543, AS
AMENDED, KNOWN AND CITED AS "THE CITY OF
LIVONIA ZONING ORDINANCE (Petition 2004-07-06-03)
A roll call vote was taken on the foregoing Ordinance with the following result:
AYES Robinson, Knapp, Meakin, Kokenakes, McCann and Taylor
NAYS None
The President declared the foregoing Ordinance duly adopted, and would
become effective on publication
Councilmember Knapp took from the table, for second reading and
adoption, the following Ordinance
AN ORDINANCE ADDING SUBSECTION (m) TO SECTION
10 03 OF ARTICLE X OF ORDINANCE NO 543, AS
AMENDED, KNOWN AND CITED AS "THE CITY OF
LIVONIA ZONING ORDINANCE (Petition 2004-07-06-03)
REVISED - SEE BOLD TYPE
Regular Meeting of November 22, 2004 34921
A roll call vote was taken on the foregoing Ordinance with the following result.
AYES Robinson, Knapp, Meakin, Kokenakes, McCann and Taylor
NAYS None
The President declared the foregoing Ordinance duly adopted, and would
become effective on publication
Councilmember Knapp took from the table, for second reading and
adoption, the following Ordinance
AN ORDINANCE ADDING SUBSECTION (u) TO SECTION
11 03 OF ARTICLE XI OF ORDINANCE NO 543, AS
AMENDED, KNOWN AND CITED AS "THE CITY OF
LIVONIA ZONING ORDINANCE (Petition 2004-07-06-03)
A roll call vote was taken on the foregoing Ordinance with the following result:
AYES Robinson, Knapp, Meakin, Kokenakes, McCann and Taylor
NAYS None
The President declared the foregoing Ordinance duly adopted, and would
become effective on publication
Councilmember Knapp took from the table, for second reading and
adoption, the following Ordinance
AN ORDINANCE AMENDING CHAPTER 48 OF TITLE 5
(STEAM OR SAUNA FACILITY) OF THE LIVONIA CODE
OF ORDINANCES, AS AMENDED
A roll call vote was taken on the foregoing Ordinance with the following result
AYES Robinson, Knapp, Meakin, Kokenakes, McCann and Taylor
NAYS None
The President declared the foregoing Ordinance duly adopted, and would
become effective on publication
Regular Meeting of November 22, 2004 34922
Councilmember Knapp took from the table, for second reading and
adoption, the following Ordinance
AN ORDINANCE ADDING CHAPTER 49 TO TITLE 5
(MASSAGE) OF THE LIVONIA CODE OF ORDINANCES,
AS AMENDED
A roll call vote was taken on the foregoing Ordinance with the following result.
AYES Robinson, Knapp, Meakin, Kokenakes, McCann and Taylor
NAYS None
The President declared the foregoing Ordinance duly adopted, and would become
effective on publication
On a motion by McCann, seconded by Meakin, and unanimously adopted,
it was
CR 546-04 RESOLVED, that having considered a letter from James
Sikorski, 29539 Grandon, Livonia, Michigan 48150, dated October 21 ,
2004, requesting elimination of the sidewalk requirement in front of the
new home he is constructing at 14010 Stark Road in the Southeast 1/4 of
Section 21, and having further considered the report and recommendation
of the City Engineer, dated November 10, 2004, approved for submission
by the Mayor, the Council does hereby approve this request inasmuch as
omitting the sidewalk on the subject property would have no detrimental
effect upon the neighboring properties at this time, FURTHER, the Council
does hereby reserve the right to require sidewalks at this location in the
event that additional sidewalks are installed in this area at some future
date
A communication from Stenrose Associates, Inc , dated November 22,
2004, re 10 revised legal descriptions and drawings relative to a proposed lot split
submitted by Jerone Stenrose for 30410 Puritan, located south of Six Mile and east of
Merriman Roads, was received and placed on file for the information of the Council
Regular Meeting of November 22, 2004 34923
A communication from Mr and Mrs Kujawa, 29869 Greenland, Livonia,
dated November 22, 2004, re their opposition to a proposed lot split at 30410 Puritan,
was received and placed on file for the information of the Council
On a motion by Meakin, seconded by McCann, it was
CR 547-04 RESOLVED, that having considered a communication from
the City Assessor, dated October 25, 2004, approved for submission by
the Mayor, with regard to a request from Jerone Stenrose, 30410 Puritan,
Livonia, Michigan 48154, and a revised plan from Stenrose & Associates,
Inc , dated November 22, 2004, 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 46-054-99-0022-000 into three parcels, the legal
description(s) of which shall read as follows
PARCEL A
Part of N W 1/4 of Section 14, T 1S , R.9E , City of Livonia, Wayne County,
Michigan More particularly described as commencing at the center of
said Section 14, thence due West along the East-West 1/4 line of said
Section 14, 17 00 feet; thence N 00°05'15" E (record) N 00°10'15" E
(calculated) 43 00 feet to the point of beginning, thence N 00°05'15" E
(record) N 00°10'12" E (calculated) 137 00 feet, thence due West 137 34
feet, thence due South 137 00 feet, thence due East 136 94 feet to the
point of beginning Containing 18,788 18 SF Or 0 431 Ac Net
PARCEL B
Part of N W 1/4 of Section 14, T 1S , R.9E , City of Livonia, Wayne County,
Michigan More particularly described as commencing at the center of
said Section 14, thence due West 17 00 feet; thence N 00°05'15" E
(record) N 00°10'12" E (calculated) 180 00 feet to the point of beginning,
thence N 00°05'15" E (record) N 00°10'12" E (calculated) 120 00 feet,
thence due West 137 70 feet, thence due South 120 00 feet; thence due
East 137 34 feet to the point of beginning Containing 16,506 SF or 0 378
Ac. Net
PARCEL C
Part of N W '/4 of Section 14, T 1S , R.9E , City of Livonia, Wayne County,
Michigan More particularly described as commencing at the center of
said Section 14, thence due West 17 00 feet to the point of beginning,
thence N 00°05'15" E (record) N 00°10'12" E (calculated) 43 00 feet,
thence due West 136 94 feet; thence due South 43 00 feet; thence due
East 136 81 feet to the point of beginning Containing 5,902 8 SF or 0 136
Ac Net
Regular Meeting of November 22, 2004 34924
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 area requirement set forth in Zoning
Ordinance No 543, as amended, with respect to this property division,
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, FURTHER, the Department
of Law is hereby requested to place in proper form a quit claim deed with
respect to the donation of Parcel C from Jerone Stenrose to the City of
Livonia for right-of-way purposes along Puritan Avenue, and the City Clerk
is hereby requested to cause a certified copy of this resolution and
aforesaid quit claim deed to be recorded in the Office of the Wayne
County Register of Deeds
A roll call vote was taken on the foregoing resolution with the following result:
AYES Robinson, Knapp, Meakin, Kokenakes, McCann and Taylor
NAYS None
The President declared the resolution duly adopted
On a motion by McCann, seconded by Kokenakes, it was
CR 548-04 RESOLVED, that having considered a communication from
the City Assessor, dated October 25, 2004, approved for submission by
the Mayor, with regard to a request from Jerone Stenrose, 30410 Puritan,
Livonia, Michigan 48154, and a revised plan from Stenrose & Associates,
Inc , dated November 22, 2004, 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, relative to the proposed division
of Tax Item No 46-054-99-0022-000 into three parcels, the Council does
hereby waive the minimum lot area requirement set forth in Zoning
Ordinance No 543, as amended, with respect to this property division,
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, 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
A roll call vote was taken on the foregoing resolution with the following result:
AYES Robinson, Knapp, Meakin, Kokenakes, McCann and Taylor
Regular Meeting of November 22, 2004 34925
NAYS None
The President declared the resolution duly adopted
On a motion by Kokenakes, seconded by Robinson, it was.
RESOLVED, that having considered the report and
recommendation of the Director of Community Resources, dated
November 1, 2004, which bears the signature of the Director of Finance
and is approved for submission by the Mayor, the Council does hereby
approve an additional payment in the amount of $8,044 00 to be made to
The Senior Alliance, 3850 Second Street, Suite 201, Wayne, Michigan
48184, which represents an additional assessment for the 2004 Fiscal
Year, ($6,840 00 to be expended from the Commission on Aging FY 2004
Budget, Account No 101-913-882-010 and $1,204 00 to be expended
from the Senior Trust Fund, Account No 702-285-216), FURTHER, the
Council does hereby authorize an expenditure in an amount not to exceed
$17,000 00 to be paid to the Senior Alliance, 3850 Second Street, Suite
201, Wayne, Michigan 48184, for the year 2005, ($8,500 00 from
Community Resources budgeted Account No 101-891-958-000 and
$8,500 00 from Senior Trust Fund Account No 702-285-216)for programs
and services provided to the seniors of Livonia
A roll call vote was taken on the foregoing resolution with the following result:
AYES Robinson and Kokenakes
NAYS Knapp, Meakin, McCann and Taylor
The President declared the resolution failed
On a motion by Knapp, seconded by Meakin, it was
CR 549-04 RESOLVED, that having considered the report and
recommendation of the Director of Community Resources, dated
November 1, 2004, which bears the signature of the Director of Finance
and is approved for submission by the Mayor, the Council does hereby
approve an additional payment in the amount of $8,044 00 to be made to
The Senior Alliance, 3850 Second Street, Suite 201, Wayne, Michigan
48184, which represents an additional assessment for the 2004 Fiscal
Year, ($6,840 00 to be expended from the Commission on Aging FY 2004
Budget, Account No 101-913-882-010 and $1,204 00 to be expended
from the Senior Trust Fund, Account No 702-285-216), FURTHER, the
Council does hereby authorize future expenditures in an amount not to
exceed $17,000 00 per year to be paid to the Senior Alliance, 3850
Second Street, Suite 201, Wayne Michigan 48184, for years 2005, 2006
34926
and 2007, ($8,500 00 from Community Resources budgeted Account No
101-891-958-000 and $8,500 00 from Senior Trust Fund Account No 702-
285-216) for programs and services provided to the seniors of Livonia
A roll call vote was taken on the foregoing resolution with the following result:
AYES Knapp, Meakin, McCann and Taylor
NAYS Robinson and Kokenakes
On a motion by Knapp, seconded by Meakin, and unanimously adopted, it
was
CR 550-04 RESOLVED, that having considered the report and
recommendation of the Director of Community Resources, dated
November 1, 2004, which bears the signature of the Director of Finance
and is approved for submission by the Mayor, the Council does hereby
refer to the Committee of the Whole for tracking purposes on an annual
basis the request for an additional payment from the City to The Senior
Alliance in the amount of $17,000 00 per year for the years 2005, 2006
and 2007
On a motion by Kokenakes, seconded by Meakin, it was
CR 551-04 RESOLVED, that having considered the report and
recommendation of the Director of Public Works and the City Engineer,
dated November 8, 2004, which bears the signature of the Director of
Finance and is approved for submission by the Mayor, the Council does
hereby approve the 2005 Road Repair Program as shown in Attachment A
of the aforesaid report; FURTHER, the Council does hereby authorize
adjustments in the FY 2005 budget by increasing Account No 203-484-
965-204 (Local Road - Contribution to Road Millage Fund) by
$490,000 00, decreasing Account No 203-390-000 (Local Road - Fund
Balance) by $490,000 00, increasing Account No 204-000-691-203 (Road
Millage Fund - Contribution from Local Roads) by $490,000 00 and
increasing Account No 204-463-818-110 (Road Millage Fund -
Reconstruction) by $490,000 00 in connection with the 2005 Road Repair
Program
A roll call vote was taken on the foregoing resolution with the following result
AYES Robinson, Meakin, Kokenakes, McCann and Taylor
NAYS Knapp
Regular Meeting of November 22, 2004 34927
The President declared the resolution duly adopted
On a motion by Kokenakes, seconded by Robinson, it was
CR 552-04 RESOLVED, that having considered the report and
recommendation of the Director of Public Works and the City Engineer,
dated November 8, 2004, which bears the signature of the Director of
Finance and is approved for submission by the Mayor, in connection with
the 2005 Road Repair Program and the proposed repair method for
Lyndon Avenue, east of Levan Road, the Council does hereby refer the
matter of the Lyndon Avenue, east of Levan Road repair to the Streets,
Roads and Plats Committee for its report and recommendation
A roll call vote was taken on the foregoing resolution with the following result:
AYES Robinson, Knapp, Meakin, Kokenakes and McCann
NAYS Taylor
The President declared the resolution duly adopted
On a motion by Knapp, seconded by Meakin, and unanimously adopted, it
was
CR 553-04 WHEREAS, pursuant to due and proper notice published
and mailed to all property owners in Special Assessment District No 404
for a proposed street improvement consisting of a 28 foot wide full-depth
asphalt pavement (approximately 7-1/2" thick) with asphalt curbs
(Alternate III) on Carol Drive, north of Six Mile Road to the dead-end of
Harrison Street, in the City of Livonia, Wayne County, Michigan, as
required by the provisions of the City Charter and Title 3, Chapter 8 of the
Livonia Code of Ordinances, as amended, a public hearing thereafter
having been held thereon on Wednesday, October 20, 2004, at the City
Hall, 33000 Civic Center Drive, Livonia, Michigan, and the City Council
having duly met and reviewed the special assessments levied on the
special assessment roll as prepared by the City Assessor to cover the
district portion of the cost of a street improvement to be constructed in
Special Assessment District No 404, and
WHEREAS, the City Council has heard and carefully considered all
objections made to said assessments,
NOW, THEREFORE, BE IT RESOLVED, THAT
Regular Meeting of November 22, 2004 34928
(1) The City Council does hereby determine that the assessments set
forth in said Special Assessment Roll dated September 20, 2004,
in the amount of $115,806 92, are fair and equitable and based
upon benefits to be derived by construction of improvements
proposed in said district in accordance with the plans of the City
Engineer and resolutions of the City Council,
(2) Said Special Assessment Roll No 404 is hereby approved and
confirmed in all respects,
(3) The amount of said roll shall be divided into fifteen (15) equal
annual installments with interest at the rate of six (6%) percent per
annum on the unpaid balance of the assessment from December
1, 2005 Said interest shall be payable on each installment due
date, provided, however, that after the issuance of bonds in
anticipation of the collection of the unpaid assessments on the
said special assessment roll, said rate of interest shall be not more
than 1% above the average rate of interest borne by said bonds
In such cases where the installments will be less than Ten Dollars
($10 00), the number of installments shall be reduced so that each
installment shall be above and as near Ten Dollars ($10 00) as
possible The first installment shall be due and payable December
1, next year, and subsequent installments on December 1st of
succeeding years,
(4) Pursuant to the provisions of Section 3 08 130 of the Livonia Code
of Ordinances, as amended, the City Clerk shall endorse the date
of confirmation on the assessment roll, and the said assessment
roll shall then be immediately transmitted to the City Treasurer who
shall then publish notice as is required by Section 3 08 190 of the
Livonia Code of Ordinances, as amended, and mail assessment
statements to the respective property owners assessed in the
manner and substance as provided by said Section 3 08 190 Any
property owner assessed may pay the whole or any part of the
assessment without interest or penalty up to December 1, current
year;
(5) The first installment shall be spread upon the next year City tax roll
in the manner required by Section 3 08.210 of the Livonia Code of
Ordinances, as amended, together with interest upon all unpaid
installments from December 1, current year, and thereafter one (1)
installment shall be spread upon each annual tax roll together with
one (1) year's interest upon all unpaid installments, provided,
however, that when any annual installment shall have been
prepaid in the manner provided in Title 3, Chapter 8 of the Livonia
Code of Ordinances, as amended, either within the sixty (60) day
Regular Meeting of November 22, 2004 34929
period as provided by Section 3 08 200, or after the expiration of
the sixty (60) day period as provided by Section 3 08 220 then
there shall be spread upon the tax roll for such year only the
interest for all unpaid installments, and
(6) The City Council does hereby determine to pay 15% of the paving
costs ($20,376 08) and 100% of the drainage costs ($149,506.25)
for a total amount of$169,882 33
On a motion by Knapp, seconded by McCann, and unanimously adopted,
it was
CR 554-04 RESOLVED, that having considered the report and
recommendation of the City Engineer and the Director of Public Works,
dated October 26, 2004, which bears the signature of the Director of
Finance and is approved for submission by the Mayor, with regard to the
proposed Special Assessment street improvement project for Carol Drive,
north of Six Mile Road to the dead-end of Harrison Street, (S.A.D No
404) in the Southeast 1/4 of Section 12, the Council does hereby
determine as follows
- To establish the total project cost at $285,689,25, of which
$248,222 50 is for Construction, and $37,466 75 is for Engineering,
Inspection and Administration, and
- To award a contract in the amount of $248,222 50 to Bidigare
Contractors, Inc , 36812 Curtis Road, Livonia, Michigan 48152,
based on the unit bid prices, said amount to be adjusted based
upon quantities of work actually completed,
- To authorize an advance in the amount of $115,806 92 for the
Carol Drive Paving from the General Obligation Road Improvement
Bond Issue with the provision that the Bond Issue be reimbursed
from that portion of the project which is to be financed by special
assessment at such time as funds are available from future
payments, and
- To authorize an appropriation and expenditure in the amount of
$169,882 33 from the General Obligation Road Improvement Bond
Issue to pay for the City's portion of the work,
and the City Assessor, City Clerk and City Treasurer are hereby
authorized to do all things necessary or incidental to the full performance
of this resolution
34930
On a motion by McCann, seconded by Knapp, and unanimously adopted,
it was
CR 555-04 RESOLVED, that having considered a communication from
the Department of Law, dated November 8, 2004, approved for
submission by the Mayor, transmitting for Council acceptance a quit claim
deed from Anthony Greco and Mary E Greco for Levan Road right-of-
way, more particularly described as
A parcel of land located in the Northwest 1/4 of Section 29,
T 1 S , R 9 E , City of Livonia, Wayne County, Michigan,
described as beginning at a point distant S 00°35'41" W ,
1724 00 feet from the North 1/4 corner of Section 29, thence
S 00°35'41" W , 132 00 feet, thence N 89°28'10" W , 43 00
feet, thence N 00°35'41" E , 132 00 feet; thence S
89°28'10" E , 43 00 feet to the point of beginning (12851-
12855 Levan Road right-of-way - Part of Tax Parcel Nos 46-
114-99-0007-001 and 46-114-99-0007-002)
the Council does hereby, for and in behalf of the City of Livonia, accept
the aforesaid quit claim deed, and the City Clerk is hereby requested to
have the same recorded in the Office of the Register of Deeds and to do
all other things necessary or incidental to fulfill the purpose of this
resolution
During the audience communication portion of the agenda at the end of
the meeting, Jerone Stenrose, 30410 Puritan, Livonia, asked about the outcome of the
proposed lot split on Puritan (Agenda Item No 13), and it was explained that Council
had approved the lot split as revised by the drawings that were presented to the
Council
Monique James, a representative from The Senior Alliance, thanked the
Council for approving the City's funding for its participation in The Senior Alliance for the
next three years, and she affirmed that a representative from that organization would be
giving annual updates to the City
Councilmember Kokenakes wished everyone a "Happy Thanksgiving"
Councilmember McCann sent "Happy Birthday" greetings to his dad,
retired Judge James R McCann, who will celebrate his birthday on November 23
On a motion by Knapp, seconded by Meakin, and unanimously adopted,
this 1,525th Regular Meeting of the Council of the City of Livonia was adjourned at 8 29
p m , November 22, 2004
Val Vandersloot, City Clerk