HomeMy WebLinkAboutCOUNCIL MINUTES 2003-06-11 34091
MINUTES OF THE ONE THOUSAND FOUR HUNDRED NINTIETH
REGULAR MEETING OF JUNE 11, 2003
On June 11, 2003, 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 Dolan delivered the invocation
Roll was called with the following result: Linda Dolan, Gerald Taylor, Joe
Laura, Maureen Miller Brosnan, Donald Knapp and Jack Engebretson
Absent: - Val Vandersloot
Elected and appointed officials present Jack E Kirksey, Mayor; Robert
Schron, City Engineer; Mark Taormina, City Planner; Sean Kavanagh, City Attorney;
Joan McCotter, City Clerk, Karen Szymula, Director of Legislative Affairs, William
LaPine, Planning Commission, Ian Wilshaw, Traffic Commission and Stan Dobis, Cable
Commission
On a motion by Taylor, seconded by Brosnan, and unanimously adopted,
it was
CR 245-03 RESOLVED, that the minutes of the 1,489th Regular Meeting
of the Council held May 21, 2003 are hereby approved as submitted
During the audience communication portion of the agenda, Mayor Kirksey
reminded everyone of the "Great Race" that will be commencing at the Livonia
Community Recreation Center on June 21 He also mentioned that a free concert
performed by the Detroit Symphony Orchestra is scheduled for Wednesday, June 18,
on the south lawn of City Hall, under the sponsorship of Ford Motor Company
A communication from the Department of Finance, dated May 20, 2003,
re forwarding various financial statements of the City of Livonia for the month ending
April 30, 2003, was received and placed on file for the information of the Council
A communication from Engineering, dated June 4, 2003, re verifying that
there are no sidewalks on the west side of Angling relative to a request for a sidewalk
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Regular Meeting of June 11, 2003
waiver at 20005 Angling, was received and placed on file for the information of the
Council (Agenda Item #4)
A communication from Adkison, Need & Allen, attorneys, dated June 4,
2003, re a revised Letter of Understanding for Champps Operating Corporation, Inc.,
relative to a request for a liquor license at 19740 Haggerty Road, Livonia, 48152, was
received and placed on file for the information of the Council (Agenda Item #8)
A communication from the Public Service Division, dated June 6, 2003, re
reason for price increase of water meters from the 2001 contract price is due to an
increase in the number of meters needed for this program, was received and placed on
file for the information of the Council (Agenda Item #12)
A communication from the Public Service Division, dated June 6, 2003, re
the process that is followed relative to the purchase of rock salt so that a 75/25 split of
the salt budget is achieved, was received and placed on file for the information of the
Council (Agenda Item #14)
A communication from the Public Service Division, dated June 6, 2003, re
the projected schedule for the relocation of the City's archery range on Glendale, was
received and placed on file for the information of the Council (Agenda Item #16)
On a motion by Brosnan, seconded by Dolan, it was
CR 246-03 RESOLVED, that having considered an application from
Debbie Stermer, 20110 Floral, dated May 22, 2003, requesting permission
to close Floral Street between Fargo and Norfolk on Saturday, June 28,
2003, 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, the action
taken herein being made subject to the approval of the Police Department.
CR 247-03 RESOLVED, that having considered a letter from Brian Lee,
representing St. Edith Parish, dated May 22, 2003, which requests
permission to display signs announcing their Family Festival to be
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Regular Meeting of June 11, 2003
conducted on Friday, June 13, 2003 through Sunday, June 15, 2003,
which signs will be displayed at various intersections of the City from
Thursday, June 12, 2003 through June 16, 2003, the Council does hereby
grant and approve this request in the manner and form herein submitted
CR 248-03 RESOLVED, that having considered a letter from Daniel R.
Willenborg, Principal of Franklin High School, dated May 16, 2003, the
Council does hereby approve and recognize the Franklin High School
Patriot Homecoming Street Parade to be held on Friday, October 3, 2003,
beginning at 12 30 p m , FURTHER, the Council does hereby approve the
parade route as follows
Exit the eastern most driveway of Franklin High School and
travel east along Joy Road to Hillcrest; north on Hillcrest and
east on Olson to Henry Ruff; north on Henry Ruff to Robert
Drive, west on Robert Drive to Sunset; south on Sunset to
Hathaway, east on Hathaway; south on Henry Ruff to Olson,
west on Olson to Hillcrest, south on Hillcrest to Joy, west on
Joy to the Franklin High School parking lot through the circular
drive in front of the school,
FURTHER, the Council does hereby request that the Wayne County Road
Commission allow the City of Livonia to close the necessary roads
between the hours of 12 30 p m and 2 15 p m or until the roads are
returned to normal traffic operation, that the City of Livonia will assume
liability for any damage claims which may arise as a result of the road
closure, as to Wayne County only; and that Sgt. Wes McKee is hereby
designated and authorized to sign the road closure permit on behalf of the
City of Livonia
CR 249-03 RESOLVED, that having considered a letter from Jeff
Modica, 20005 Angling, Livonia, Michigan 48152, received in the Office of
the City Clerk on May 13, 2003, requesting elimination of the sidewalk
requirement in front of the new residence located at 20005 Angling, and
having considered a communication from the City Engineer, dated June 4,
2003, approved for submission by the Mayor Pro Tem, recommending the
waiver of the sidewalk requirement, 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 due
to lack of any other public sidewalks existing within the neighboring area
A Construction Progress Report, submitted by Michael J Genrich, Senior
Project Manager, Skanska USA Building Inc., received May 12, 2003, re the Livonia
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Regular Meeting of June 11, 2003
Community Recreation Center, was received and placed on file for the information of
the Council
CR 250-03 RESOLVED, the Council does hereby refer the subject of
the number of memberships purchased for the Livonia Community
Recreation Center to the Capital Improvement Committee for tracking
purposes
A communication from the Office of the Mayor, dated May 9, 2003, -
Administrative Reply — re suggestions for the location and upkeep of a "Wall of Honor"
to display photos of members of the Armed Forces that are relative to the City of
Livonia, was received and placed on file for the information of the Council (CR 171-03)
CR 251-03 RESOLVED, that having considered the report and
recommendation of the Mayor, dated May 9, 2003, submitted pursuant to
Council Resolution 171-03, regarding the creation of a "Wall of Honor" to
display photos of men and women in the armed forces, the Council does
hereby refer this item to the Committee of the Whole for its report and
recommendation
CR 252-03 RESOLVED, by the City Council of the City of Livonia, that
the 2003 Great Race Official Kick-off Celebration is hereby approved for
Saturday, June 21, 2003, between the hours of 9 00 a m and 5 00 p m ,
and that the following streets be closed in connection with this event:
Hubbard between Five Mile and Jamison,
Jamison between Hubbard and Berwick, and
Berwick between Five Mile and Jamison
between the hours of 8 00 a m and 5 00 p m or until the road is returned
to normal traffic operation, and the Livonia Police Department is hereby
requested to do all things necessary or incidental to fulfill the purpose of
this resolution
CR 253-03 RESOLVED, that having considered a letter from the
Michigan Liquor Control Commission, dated September 30, 2002, and the
report and recommendation of the Chief of Police, dated April 22, 2003,
approved for submission by the Mayor, the Council does hereby approve
of the request from Champps Operating Corporation (a Minnesota
Corporation) for transfer of ownership of a 2002 Class C Licensed
Business with Entertainment Permit, Official Permit (Food), and Outdoor
Service (1 area) from Champps Americana, Inc (a Minnesota
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Regular Meeting of June 11, 2003
Corporation) for a business located at 19470 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 254-03 RESOLVED, that having considered a letter from the
Michigan Liquor Control Commission, dated December 2, 2002, and the
report and recommendation of the Chief of Police, dated May 20, 2003,
approved for submission by the Mayor, the Council does hereby approve
of the request from Buffet Group, Inc. for transfer of ownership of a 1999
Class C Licensed Business (in escrow) from James C Fahndrich Trust,
Marjorie M Fahndrich, Trustee, Robert T Eberts, and to transfer location
(governmental unit) MCL 436 1531 (1) from 51335 Michigan, Belleville,
Michigan 48111, Van Buren Township, Wayne County for a business
located at 29583 Five Mile Road, Livonia, Michigan, Wayne County; and
the City Clerk is hereby requested to forward a certified copy of this
resolution to the Michigan Liquor Control Commission
CR 255-03 RESOLVED, that having considered a communication from
the Director of Finance, dated May 22, 2003, approved for submission by
the Mayor, to which is attached a proposed Domestic Relations
Amendment to the Nationwide Retirement Solutions Plan Document to
enable Nationwide to comply with court-ordered Domestic Relations
Orders and Qualified Domestic Relations Orders, the Council does hereby
approve such Amendment, FURTHER, the Council does hereby authorize
the Mayor and City Clerk, for and on behalf of the City of Livonia, to
execute the aforementioned Amendment, and to do all things necessary
or incidental to the full performance of this resolution
CR 256-03 RESOLVED, THAT WHEREAS, under the provisions of Title
1 of the Housing and Community Development Act of 1974, as amended,
the Secretary of Housing and Urban Development is authorized to make
grants to units of local government to help finance community
development programs, and
WHEREAS, the primary objective of such Act is the development of viable
urban communities by providing decent housing and suitable living
environment and expanding economic opportunities, principally for
persons of low and moderate income, and
WHEREAS, to obtain its Fiscal Year 2003-2004 entitlement funds under
the Community Development Block Grant Program as authorized by the
Housing Community Development Act of 1974, the City of Livonia must
submit a statement of community development objectives and projected
use of funds, satisfactory assurances that the Program will be conducted
and administered in accordance with appropriate federal and state laws
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Regular Meeting of June 11, 2003
and Department of Housing and Urban Development regulations, and
satisfactory assurances that, prior to submission of its Final Statement of
Community Development Objectives and Projected Use of Funds, it has
(A) provided citizens with adequate information concerning the amount of
funds available for proposed community development and housing
activities, the range of activities that may be undertaken, the estimated
amount of those funds proposed to be used for activities that will benefit
low and moderate income persons, and other important program
requirements, (B) held a public hearing to obtain the views of citizens on
community development and housing needs, and (C) provided citizens an
adequate opportunity to examine the content of, and to submit comments
on, the proposed Statement of Community Development Objectives and
Projected Use of Funds
NOW, THEREFORE, BE IT RESOLVED, by the City Council of Livonia,
Michigan, that the Final Statement of Community Development Objectives
and Projected Use of Funds for the Fiscal Year 2003-2004 Community
Development Block Grant Program is hereby approved and shall be
submitted to the Department of Housing and Urban Development.
CR 257-03 RESOLVED, that having considered a communication from
the Chairman of the Water and Sewer Board, dated May 6, 2003, which
bears the signature of the Director of Finance and is approved for
submission by the Mayor, and which transmits Water and Sewer Board
resolution WS 3471 05/03, the Council does hereby accept the low
quotation of Vanguard Utility Service, Inc , 233 W 9th Street, Suite 204,
Owensboro, Kentucky 42303, to test, repair and calibrate large
commercial water meters at the unit prices quoted for all meter sizes
requested for the period through December 31, 2003, for the estimated
amount of $31,430 00, plus an additional $8,000 00 for the purchase of
repair parts, FURTHER, in the event the aforesaid company is unable to
perform the said service, the Council does hereby accept the second low
quotation of Great Southwest Meters, Inc , P 0 Box 2555, Waxahachie,
Texas 75168, as an alternate to perform this work at the unit prices quoted
for all meter sizes requested for the period through December 31, 2003,
for the estimated amount of $32,490 00, plus an additional $8,000 00 for
the purchase of repair parts, and the Council does hereby authorize the
action herein without competitive bidding in accordance with Section
3 04 140 D4 of the Livonia Code of Ordinances, as amended
CR 258-03 RESOLVED, that having considered a communication from
the Public Utility Manager and the Director of Public Works, dated May 15,
2003, which bears the signature of the Director of Finance and is
L approved for submission by the Mayor, regarding emergency replacement
of the roof at the Department of Public Works Administration Building, the
Council does hereby appropriate and authorize an expenditure in the
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Regular Meeting of June 11, 2003
amount of $26,475 00 to be paid to Pillon Roofing Company, 5025 Center
Road, Linden, Michigan 48451, from the General Fund Building
Maintenance Contractual Services Account No 101-447-818-020 for this
purpose for the reasons outlined in the aforesaid communication,
FURTHER, the Council does hereby authorize such action 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 140D1 of the Livonia Code of
Ordinances, as amended
CR 259-03 RESOLVED, that having considered the report and
recommendation of the Superintendent of Public Service and the Director
of Public Works, dated May 15, 2003, 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 75% of the City's
requirement of rock salt used for ice control from Morton Salt, Inc , 123
North Wacker Drive, Chicago, Illinois 60606, at the unit price bid of$28 65
per ton, for an estimated total amount of $118,181.25, for the period
August 1, 2003 through April 1, 2004, submitted to the consortium of
Farmington Hills, Southfield, the Southfield School District and various
other communities, the same having been in fact the lowest bid received
for this item, FURTHER, the Council does hereby authorize the purchase
of 25% of the City's requirement of rock salt used for ice control from
Detroit Salt Company, 12841 Sanders Street, Detroit, Michigan 48217, at
the unit price bid of $30 48 per ton, for an estimated total amount of
$41,910 00 for the period August 1, 2003 through April 1, 2004, the same
having been in fact the second lowest bid received by the consortium for
this item, FURTHER, the Council does hereby authorize such expenditure
from funds already budgeted in Account No 101-463-784-000 for this
purpose, FURTHER, the Council does hereby waive the City's competitive
bid process for the reasons outlined in the aforesaid report and
recommendation and in accordance with Section 3 04 140D4 of the
Livonia Code of Ordinances, as amended
CR 260-03 RESOLVED, that having considered the report and
recommendation of the Superintendent of Public Service and the Director
of Public Works, dated May 15, 2003, which bears the signature of the
Director of Finance and is approved for submission by the Mayor, the
Council does hereby accept the unit price bid of Michigan Turf, Inc , P 0
Box 158, Taylor, Michigan 48180, for completing all work required in
connection with the City's 2003 Street Tree Planting Program for the
estimated total cost of $79,941 00, based upon the Public Service
Division's estimate of units involved, and subject to final payment based
upon the actual units completed in accordance with the unit prices
accepted herein, said estimated cost and unit prices having been in fact
the lowest bid received which meets all specifications, FURTHER, in the
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Regular Meeting of June 11, 2003
event the aforesaid company is unable to supply certain species of trees,
the Council does hereby accept the second low bid of Wayne Oakland
Washtenaw Contracting, 5505 S Sheldon Road, Canton, Michigan 48188,
as an alternate to supply those species for the City's 2003 Street Tree
Planting Program, and the bid of Margolis Nursery is hereby rejected for
the reasons indicated in the aforesaid report; and the Director of Public
Works is hereby authorized to approve minor adjustments in the work as it
becomes necessary; and the Mayor and City Clerk are hereby authorized
to execute a contract for and on behalf of the City of Livonia with the
aforesaid bidder and to do all other things necessary or incidental to the
full performance of this resolution
CR 261-03 RESOLVED, that having considered the report and
recommendation of the Superintendent of Public Service and the Director
of Public Works, dated May 21, 2003, which bears the signature of the
Director of Finance and is approved for submission by the Mayor,
regarding the request to place fill at the City of Livonia's Glendale property
and to raise the grade to the proper elevation in connection with the
relocation of the Archery Range, the Council does hereby approve the
filling of the Glendale property by Hayball Transport, Inc , 12250
Farmington Road, Livonia, Michigan 48150, subject to the following
conditions
1 Provide a Certificate of Insurance on all contractor operations
2 Hold harmless the City and its agents for wrongdoing occurring on
the site that are the direct result of the contractor's occupancy
3 Grade and restore the site to its original condition, or better, directly
upon completion of activities
4 Secure the site as directed by the Department of Public Works
5 Remove any tracked out material on Glendale Road as requested
by DPW personnel
6 Keep the premises dust free in accordance with the permit issued
by the Wayne County Health Department Air Pollution Control
Division
7 Abide by all existing laws and regulations, both local and State,
pertaining to erosion, siltation and pollution of watercourses
8 Abide by all local ordinances
9 Payment of $0.25 per cubic yard, beginning when the fill is placed
in the Glendale property on site and ending upon the site
restoration
CR 262-03 RESOLVED, that having considered the report and
recommendation of the Director of Public Works and the City Engineer,
dated May 7, 2003, which bears the signature of the Director of Finance
and is approved for submission by the Mayor, to which is attached a
proposed Traffic Signal Agreement between the City of Livonia and
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Regular Meeting of June 11, 2003
Wayne County, and having considered the necessity for the installation of
left-turn phasing in all directions at the intersection of Merriman and Five
Mile Roads, the Council does hereby authorize the Mayor and City Clerk,
for and on behalf of the City of Livonia, to execute this Agreement in the
manner and form herein submitted, FURTHER, the Council does hereby
approve of the City assuming 50% of the cost of installation and does
hereby appropriate and authorize the expenditure of a sum not to exceed
$18,150 00 from the Michigan Transportation Fund (Major Road Account)
for the City's share of this project; FURTHER, the County of Wayne will be
responsible for all maintenance and energy fees for this traffic signal, and
the City Clerk is hereby requested to forward a certified copy of this
resolution, together with two signed Agreements, to the Wayne County
Department of Public Services, Traffic Operations
CR 263-03 RESOLVED, that having considered the report and
recommendation of the Director of Public Works and the City Engineer,
dated May 7, 2003, which bears the signature of the Director of Finance
and is approved for submission by the Mayor, to which is attached a
proposed Traffic Signal Agreement between the City of Livonia and
Wayne County, and having considered the necessity for the installation of
left-turn phasing in all directions at the intersection of Merriman and Six
Mile Roads, the Council does hereby authorize the Mayor and City Clerk,
for and on behalf of the City of Livonia, to execute this Agreement in the
manner and form herein submitted, FURTHER, the Council does hereby
approve of the City assuming 50% of the cost of installation and does
hereby appropriate and authorize the expenditure of a sum not to exceed
$21,800 00 from the Michigan Transportation Fund (Major Road Account)
for the City's share of this project; FURTHER, the County of Wayne will be
responsible for all maintenance and energy fees for this traffic signal, and
the City Clerk is hereby requested to forward a certified copy of this
resolution, together with two signed Agreements, to the Wayne County
Department of Public Services, Traffic Operations
CR 264-03 RESOLVED, that having considered the report and
recommendation of the Director of Public Works and the City Engineer,
dated May 1, 2003, which bears the signature of the Director of Finance
and is approved for submission by the Mayor, the Council does hereby
authorize an extension of the current Agreement with Imaging Subsurface,
Inc , 24174 Haggerty Road, Farmington Hills, Michigan 48335, for
materials testing and soils investigation on an as-needed basis in an
amount not to exceed $29,000 00, for the period of April 2003 through
November 30, 2003, in accordance with the fee schedule attached to the
aforementioned report and recommendation, FURTHER, the Council does
hereby authorize an expenditure in an amount not to exceed $29,000 00
from funds already budgeted for this purpose in the Road, Sidewalk and
Tree Fund, and the Director of Public Works is hereby authorized to
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Regular Meeting of June 11, 2003
approve minor adjustments in the work as it becomes necessary;
FURTHER, the Council does hereby authorize the aforesaid action without
f competitive bidding in accordance with Section 3 04 140D4 of the Livonia
Code of Ordinances, as amended
CR 265-03 RESOLVED, that having considered a communication from
the City Planning Commission, dated May 12, 2003, which transmits its
resolution 05-61-2003 adopted on May 6, 2003, with regard to Petition
2003-03-GB-04, submitted by Botsford General Hospital, requesting
approval to substitute a greenbelt for the protective wall as outlined in
Section 18 45 of Zoning Ordinance No 543, as amended, for property
located at 28425 Eight Mile Road in the Northwest 1/4 of Section 1, the
Council does hereby concur in the recommendation of the Planning
Commission and Petition 2003-03-GB-04 is hereby approved and granted,
subject to the following conditions
1 That the natural landscaped greenbelt along the southern 320 feet
of the east property line, as shown on the Site Plan dated February
12, 2003, submitted by Botsford General Hospital, is hereby
accepted and shall be substituted for the protective wall required by
Section 18 45 of the Zoning Ordinance, and
2 That any change of circumstances in the area containing the
greenbelt resulting in a diminution of the greenbelt's effectiveness
as a protective barrier, the owner of the property shall be required
to submit such changes to the Planning Commission and City
Council for their review and approval or immediately construct the
protective wall pursuant to Section 18 45
CR 266-03 RESOLVED, that having considered a communication from
the City Planning Commission, dated May 12, 2003, which transmits its
resolution 05-60-2003, adopted on May 6, 2003, with regard to Petition
2003-03-08-09 submitted by David J Burke, on behalf of Von Maur, Inc ,
requesting site plan approval in connection with a proposal to renovate the
exterior of one of the units of the Laurel Park Place Shopping Center
located at 37500 Six Mile Road in the Southeast 1/4 of Section 7,
pursuant to the provisions set forth in Section 18 47 of Ordinance No 543,
as amended, the Council does hereby concur in the recommendation of
the Planning Commission and Petition 2003-03-08-09 is hereby approved
and granted, subject to the following conditions
1 That the Exterior Building Elevation Plan dated March 14, 2003,
prepared by Shive-Hattery, is hereby approved and shall be
adhered to,
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Regular Meeting of June 11, 2003
2 That the Site and Landscape Plans dated March 14, 2003,
prepared by Shive-Hattery, is hereby approved and shall be
adhered to,
3 That the brick and/or pavers used in the construction shall be full-
face four inch (4") brick;
4 That the Sign Package submitted by Nesper Sign Advertising, as
received by the Planning Commission on April 7, 2003, is hereby
approved and shall be adhered to,
5 That these wall signs shall not be illuminated beyond one (1) hour
after this store closes,
6 That any additional signage shall come back before the Planning
Commission and City Council for their review and approval,
7 In the event the signage is not considered replacement signs by the
Inspection Department, 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, and
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 267-03 WHEREAS, the City of Livonia has received a request from
Comerica Incorporated, dated May 19, 2003, proposing the establishment
of an industrial development district; and
WHEREAS, pursuant to Act 198 of the Public Acts of 1974, as amended,
this Council has authority to establish industrial development districts
within the boundaries of the City of Livonia, and
WHEREAS, there is located within the boundaries of the City of Livonia an
area of approximately 22 303 acres lying in the Southwest 1/4 of Section 7
as more particularly described in the attachment to the application which is
hereby incorporated by reference and which is hereinafter referred to as
"Proposed City of Livonia Industrial Development District No 89",
NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF LIVONIA, as
follows
1 The City Clerk is directed to give written notice by certified mail of
this action to all owners of real property within the boundaries of
Proposed City of Livonia Industrial Development District No 89
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Regular Meeting of June 11, 2003
2 This City Council sets Monday, July 14, 2003, at 7 00 p m at the
Livonia City Hall, 33000 Civic Center Drive, Livonia, Michigan, as
the date for the holding of a public hearing on the question of
whether this City Council should establish the Industrial
Development District described above
3 This City Council directs the City Clerk to provide notice, as
required by law, of the public hearing fixed above, so that all
residents or taxpayers of the City of Livonia shall be afforded an
opportunity to be heard on the question of establishing the
Industrial Development District described above
CR 268-03 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
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
Wednesday, September 17, 2003, at 7 00 p m at the City Hall, 33000
Civic Center Drive, Livonia, Michigan, with respect to the following item
Petition 2003-02-01-10, submitted by Larry DeFiore, on behalf
of Spalding Properties, LLC, for a change of zoning of property
located on the south side of Plymouth Road between Newburgh
Road and Roselinda Road in the Southeast 1/4 of Section 30
from RUF to R-8 and R-1, the City Planning Commission in its
resolution 05-63-2003 having recommended to the City Council
that Petition 2003-02-01-10 as amended so as to rezone this
property to R-1 only, be approved,
FURTHER, the City Clerk is hereby requested to, no less than fifteen (15)
days prior to the aforesaid date of said public hearing, cause to have a
statement indicating the (a) nature of the proposed amendment(s) to the
Zoning Ordinance, and/or (b) location of the proposed change(s) 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 Dolan, Taylor, Laura, Brosnan, Knapp and Engebretson
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Regular Meeting of June 11, 2003
NAYS None
A communication from the Department of Law, dated May 13, 2003, re
opinion that a commission consisting of City officials, civic leaders and business leaders
to review the City's Public Hearing process in zoning matters, not be established, and
that Council should begin making these reforms, was received and placed on file for the
information of the Council (CR 439-00)
A communication from the Department of Law, dated July 5, 2000, re the
allocation of responsibilities among the City Council, Planning Commission, Zoning
Board of Appeals and the Administration relative to land use planning, was received and
placed on file for the information of the Council (CR 438-00)
On a motion by Brosnan, seconded by Taylor, and unanimously adopted,
it was
CR 269-03 RESOLVED, that having considered the report and
recommendation of the Legislative Committee, dated May 19, 2003,
submitted in connection with Council Resolution 440-00, with regard to the
review of the City's public hearing process and procedures relating to
application of the Zoning Ordinance, variances, site plan petitions and
similar matters, the Council does hereby refer the question of what other
communities are doing with regard to the public hearing process and
timeline to the Administration for a report and recommendation
On a motion by Brosnan, seconded by Knapp, and unanimously adopted,
it was
CR 270-03 RESOLVED, that having considered the report and
recommendation of the Legislative Committee, dated May 19, 2003,
submitted in connection with Council Resolution 440-00, with regard to the
review of the City's public hearing process and procedures relating to
application of the Zoning Ordinance, variances, site plan petitions and
similar matters, the Council does hereby refer the subject of the
opportunity to tie Council and Planning Commission agendas to City map
to provide interactive information to the Information Systems Department
for a report and recommendation
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Regular Meeting of June 11, 2003
it was. On a motion by Brosnan, seconded by Knapp, and unanimously adopted,
CR 271-03 RESOLVED, that having considered the report and
recommendation of the Legislative Committee, dated May 19, 2003,
submitted in connection with Council Resolution 440-00, with regard to the
review of the City's public hearing process and procedures relating to
application of the Zoning Ordinance, variances, site plan petitions and
similar matters, the Council does hereby refer the subject of whether
Council public hearings are required by State law to the Department of
Law for its report and recommendation
On a motion by Brosnan, seconded by Dolan, and unanimously adopted, it
was
CR 272-03 RESOLVED, that having considered the report and
recommendation of the Legislative Committee, dated May 19, 2003,
submitted in connection with Council Resolution 557-02, with regard to
proposed amendments to the Zoning Ordinance to streamline the zoning
decision making process, the Council does hereby determine to take no
further action with regard to this matter
Councilmember Taylor gave first reading to the following
Ordinance
AN ORDINANCE AMENDING SECTION 9 OF THE
ZONING MAP OF THE CITY OF LIVONIA AND AMENDING
ARTICLE III OF ORDINANCE NO 543, AS AMENDED,
KNOWN AND CITED AS "THE CITY OF LIVONIA ZONING
ORDINANCE" BY ADDING SECTION 3 THERETO
(Petition 2002-11-01-16)
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
A communication from the Planning Commission, dated May 12, 2003, re
a valid protest being in effect relative to the rezoning of property on the south side of
Seven Mile Road between Brookfield Avenue and Canterbury Drive from RUFC to R-3,
34105
Regular Meeting of June 11, 2003
submitted by Leo Soave, was received and placed on file for the information of the
Council (Petition 2003-01-01-02)
Councilmember Taylor gave first reading to the following
Ordinance
AN ORDINANCE AMENDING SECTION 10 OF THE
ZONING MAP OF THE CITY OF LIVONIA AND AMENDING
ARTICLE III OF ORDINANCE NO 543, AS AMENDED,
KNOWN AND CITED AS "THE CITY OF LIVONIA ZONING
ORDINANCE" BY ADDING SECTION 3 THERETO
(Petition 2003-01-01-02)
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
A communication from the Planning Commission, dated May 12, 2003, re
a valid protest being in effect relative to the rezoning of property on the south side of
Seven Mile Road between Brookfield Avenue and Canterbury Drive from RUFC to R-3,
submitted by Leo Soave, was received and placed on file for the information of the
Council (Petition 2003-01-01-03)
Councilmember Brosnan gave first reading to the following
Ordinance
AN ORDINANCE AMENDING SECTION 10 OF THE
ZONING MAP OF THE CITY OF LIVONIA AND AMENDING
ARTICLE III OF ORDINANCE NO 543, AS AMENDED,
KNOWN AND CITED AS "THE CITY OF LIVONIA ZONING
ORDINANCE" BY ADDING SECTION 3 THERETO
(Petition 2003-01-01-03)
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
trip
34106
Regular Meeting of June 11, 2003
Councilmember Knapp took from the table, for second
reading and adoption, the following Ordinance
AN ORDINANCE AMENDING SECTION 040 OF TITLE 13,
CHAPTER 08 (WATER SERVICE RATES AND
REVENUES) OF THE LIVONIA CODE OF ORDINANCES,
AS AMENDED
A roll call vote was taken on the foregoing Ordinance with the following result:
AYES Dolan, Taylor, Laura, Brosnan, Knapp and Engebretson
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 120 OF TITLE 13,
CHAPTER 20 (LIVONIA SEWAGE DISPOSAL SYSTEM)
OF THE LIVONIA CODE OF ORDINANCES, AS
AMENDED
A roll call vote was taken on the foregoing Ordinance with the following result.
AYES Dolan, Taylor, Laura, Brosnan, Knapp and Engebretson
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 050 OF TITLE 13,
CHAPTER 28 (INDUSTRIAL WASTE SURCHARGE) OF
THE LIVONIA CODE OF ORDINANCES, AS AMENDED
34107
Regular Meeting of June 11, 2003
A roll call vote was taken on the foregoing Ordinance with the following result:
AYES Dolan, Taylor, Laura, Brosnan, Knapp and Engebretson
NAYS None
The President declared the foregoing Ordinance duly adopted, and would
become effective on publication
Councilmember Taylor took from the table, for second
reading and adoption, the following Ordinance
AN ORDINANCE AMENDING SECTION 7 OF THE
ZONING MAP OF THE CITY OF LIVONIA AND
AMENDING ARTICLE III OF ORDINANCE NO 543, AS
AMENDED, KNOWN AND CITED AS "THE CITY OF
LIVONIA ZONING ORDINANCE" BY ADDING SECTION 3
THERETO (Petition 2002-10-01-13)
A roll call vote was taken on the foregoing Ordinance with the following result:
AYES Dolan, Taylor, Laura, Brosnan, Knapp and Engebretson
NAYS None
The President declared the foregoing Ordinance duly adopted, and would
become effective on publication
A communication from the Department of Law, dated May 20, 2003, re
proposed ballot language and timeline necessary to place limited term millage for public
safety millage on September 9, 2003 election ballot, was received and placed on file for
the information of the Council
A communication from the Mayor, dated May 29, 2003, re a request to
place a public safety millage on the City's Primary Election Ballot (September 9, 2003),
was received and placed on file for the information of the Council
On a motion by Brosnan, seconded by Taylor, it was
34108
Regular Meeting of June 11, 2003
CR 273-03 WHEREAS, the Council of the City of Livonia has
determined that there is an immediate and present need to add additional
police and fire personnel and equipment to maintain a high level of public
safety in the City, and
WHEREAS, the City cannot fund the additional police and fire personnel
and equipment needs without additional revenues, and
WHEREAS, the Council of the City of Livonia has determined that in order
to raise revenues to fund additional police and fire personnel and
equipment, it is necessary to levy and collect a tax of 0 50 of 1 mill for a
limited term of ten years on all real and personal property subject to
taxation in the City of Livonia, 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
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
34109
Regular Meeting of June 11, 2003
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
roads, sidewalks and trees within 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 , 2003 in an
amount not to exceed fifty one-thousandths (50/1000) of one (1) per
centum of the taxable value of all real and personal property subiect to
taxation in the City for the sole purpose of providing revenues for
additional police and fire personnel and equipment.
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
34110
Regular Meeting of June 11, 2003
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
roads, sidewalks and trees within the City
RESOLVED FURTHER, that the purpose of the proposed amendment
shall be designated on the ballot as follows
City Charter amendment authorizing the city to levy and collect
annually commencing December 1, 2003, an additional tax not
exceeding 0 50 of 1 mill providing revenues for additional police
and fire personnel and equipment.
RESOLVED FURTHER, that the City Clerk shall forthwith transmit a copy
of the proposed amendment to the Governor of the State of Michigan for
34111
Regular Meeting of June 11, 2003
her approval and transmit a copy of the foregoing statement of purpose of
such proposed amendment 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 a Special City Election to be held on September 9, 2003, 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 Tuesday, September 9, 2003 is hereby
designated as the date for holding a Special Election on the proposed
Charter amendment and question
RESOLVED FURTHER, that the proposed amendment shall be submitted
to the electors in the following form, to wit:
Shall the City Charter be amended for authority to levy and
collect annually for ten years commencing December 1,
2003, an additional tax not exceeding 0 50 of 1 mill providing
revenues for additional police and fire personnel and
equipment? Estimated revenue from 0 50 of 1 mill would be
approximately $2,239,644 when first levied in 2003
Yes / /
No / /
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 Special City Election to be held
on September 9, 2003
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
A roll call vote was taken on the foregoing resolution with the following result:
34112
Regular Meeting of June 11, 2003
AYES Dolan, Taylor, Laura, Brosnan, Knapp and Engebretson
NAYS None
The President declared the resolution duly adopted
On a motion by Taylor, seconded by Dolan, and unanimously adopted, it
was
CR 274-03 RESOLVED, that having considered a communication from
the City Planning Commission, dated March 13, 2003, which sets forth its
resolution 03-33-2003 adopted on March 11, 2003, with regard to Petition
2003-01-01-04, submitted by Pastor Mark Freer, on behalf of Open Door
Christian Church, for a change of zoning of property located at 16751
Middlebelt Road, on the west side of Middlebelt Road between Munger
Avenue and Six Mile Road, in the Northeast 1/4 of Section 14, from OS to
RUF, and the Council having conducted a public hearing with regard to
this matter on May 28, 2003, pursuant to Council Resolution 159-03, as
amended and revised by CR 242-03, the Council does hereby approve
Petition 2003-01-01-04 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
On a motion by Taylor, seconded by Dolan, and unanimously adopted, it
was
CR 275-03 RESOLVED, that having considered a communication from
the City Planning Commission, dated March 13, 2003, which sets forth its
resolution 03-35-2003 adopted on March 11, 2003, with regard to Petition
2003-02-01-07, submitted by Leo Soave, for a change of zoning of
property located at 32415 and 32421 Seven Mile Road, on the south side
of Seven Mile Road between Brookfield Avenue and Canterbury Drive, in
the Northwest 1/4 of Section 10, from RUFC to R-3, and the Council
having conducted a public hearing with regard to this matter on May 28,
2003, pursuant to Council Resolution 159-03, as amended and revised
by CR 242-03, the Council does hereby approve Petition 2003-02-01-07
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
34113
Regular Meeting of June 11, 2003
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 communication from the Department of Law, dated June 10, 2003, re
history of new care deliveries to automobile dealerships on Plymouth Road, relative to
rezoning of property on the south side of Plymouth Road between Laurel Avenue and
Wayne Road from C-1 to C-2, submitted by Alan Tanski on behalf of New Car
Alternative, Inc., was received and placed on file for the information of the Council
(Petition 2003-02-01-08)
On a motion by Taylor, seconded by Brosnan, and unanimously adopted,
it was
CR 276-03 RESOLVED, that having considered a communication from
the City Planning Commission, dated March 18, 2003, which sets forth its
Li resolution 03-36-2003 adopted on March 11, 2003, with regard to Petition
2003-02-01-08, submitted by Alan Tanski, on behalf of New Car
Alternative, Inc., for a change of zoning of property located on the south
side of Plymouth Road between Laurel Avenue and Wayne Road, in the
Northwest 1/4 of Section 33, from C-1 to C-2, and the Council having
conducted a public hearing with regard to this matter on May 28, 2003,
pursuant to Council Resolution 159-03, as amended and revised by CR
242-03, the Council does hereby approve Petition 2003-02-01-08 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
On a motion by Brosnan, seconded by Knapp, and unanimously adopted,
it was.
CR 277-03 RESOLVED, that in connection with Petition 2003-02-01-08,
the Council does hereby refer the subject of trucks parking on Laurel
Avenue to the Traffic Commission for its report and recommendation
On a motion by Dolan, seconded by Brosnan, and unanimously adopted, it
34114
Regular Meeting of June 11, 2003
was
CR 278-03 RESOLVED, that having considered a communication from
the City Librarian, dated May 21, 2003, which bears the signature of the
Director of Finance and is approved for submission by the Mayor, the
Council does, for and on behalf of the City of Livonia, accept various gifts
and cash donations in the amount of $980 00 from the sources indicated
therein for use by the Livonia Public Library as indicated in the aforesaid
communication, FURTHER, the amount of $905 00 is to be deposited in
and credited to Account No 702-000-285-271 and the amount of$75 00 is
to be deposited in and credited to Account No 702-000-285-272 for the
purposes as designated by the donors
On a motion by Brosnan, seconded by Knapp, and unanimously adopted,
it was
CR 279-03 RESOLVED, that having considered a communication from
the Director of Finance, dated May 15, 2003, and approved for submission
by the Mayor, the Council does hereby determine to conduct a public
hearing on Monday, October 6, 2003, at TOO p m. at the Livonia City Hall,
33000 Civic Center Drive, Livonia, Michigan, with respect to the following
items
1 The proposed annual budget for the City of Livonia for the fiscal
year ending November 30, 2004, and
2 The public hearing required by Act 5 PA 1982, in connection with
the Truth in Taxation hearing,
and the City Clerk shall give adequate public notice of said public
hearing in accordance with provisions of law and City Charter
On a motion by Brosnan, seconded by Knapp, and unanimously
adopted, it was
CR 280-03 RESOLVED, that having considered a communication
from the Director of Finance, dated May 15, 2003, and approved for
submission by the Mayor, the Council does hereby refer the subject of
the annual budget for the fiscal year ending November 30, 2004, to
the Finance, Insurance and Budget Committee for its report and
recommendation
During the audience communication portion of the agenda,
Councilmember Dolan spoke about the Fire Department's "Passport to Safety" Program
that will be held on June 13, 2003 at Fire Station #3
34115
Regular Meeting of June 11, 2003
Councilmember Knapp sent "Happy Father's Day" wishes to his dad, the
"original Don Knapp"
Council President Engebretson spoke about the "Great Race" to be held
on June 21, the grand opening of the Livonia Community Center on June 14, and the
Greenmead Garden Walk on June 28
On a motion by Taylor, seconded by Brosnan, and unanimously adopted,
this 1,490th Regular Meeting of the Council of the City of Livonia was adjourned at
8 39 p m , June 11, 2003
J an McCotter, City Clerk